:VIr. \Villiam K 

Honker, P.E. 

Acting Director, \:Vater Quality Protection Di\ision 

United States Emironmental Protection Agency 

1445 Ross A,·enue, Suite 1200 

Dallas, Texas 75202-2733 

R

e: Vessel General Permit 401 

C

ertification 

Dear :Yir. Honker: 

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This letter is in response to the Emironmental Protection Agency's (EPA) letter dated 

December 

15, 2011 req

u

esting Clean \Vater Act section 401 Cettification of the EPA Vess

el General Permit 

(VGP) and Small 

Vessel General Permit (sVGP). The VGP is a federal permit administered 

by 

the EPA that first went into effect in 2008 and is currently proposed re-issuance \\ith re\isions. 

The sVGP is a new permit proposed for issuance. Both 

p

ermits are Yalid for inland waters and 

territorial seas out to three nautical miles. 

The VGP authorizes discharges incidental to the normal operation of non-military and nonrecreational \·essels 79 feet 

or greater in length. The 2013 draft VGP 

would continue to regulate 

26 specific disc

harge categories that ,,·ere contained in the 2008 VGP, and for the first time, 

would authorize the discharge of fish hold eft1uent (which was previously exempt by Public Law 

111-215). 

T

he draft VGP proposed for reissuance contains numeric ballast water discharge 

limits for m

ost Yess

els. The draft VGP also contains more stringent eft1uent limits for oil to sea 

interfaces and exhaust gas scrubber 'sas

hwat

er, which would improve emironm

ental protection 

of C.S. waters. 

Technology based li

mits in the 

VGP are represented as best 

manage

ment 

practices (BMPs) including pollution prevention approaches and structural 

m

anagement 

practices. 

E

PA 

has 

also improved the efficiency of se

v

eral of the VGP's 

administratiYe 

requirements, including allo\dng electronic recordkeeping, requiring an annual report in lieu of 

the one-time report and annual noncompliance report, 

and requiring small \·essel O\mers 

and 

o

p

erators to obtain coverage un

d

er the VGP by compl

eting and agreeing to the terms of a Permit 

Authorizati

on and 

R

ecord of Inspection form. 

The sVGP is a proposed fed

eral permit to 

be administered by the EPA and \vould 

authorize 

discharges incident

al to the normal operation of non-military 

and non-recreational vessels less 

than 

79 feet in length which 

are currently exempt from regulation due to a Congressional 

moratorium set to expire on Decemb

er 18, 2013. T

he sVGP is organized by discharge 

management categories. All covered disc

harges 

are located in these categories. The discharge 

management categories in the draft sVGP include fuel management, engine and oil control, solid 

and liquid mainten

ance, grey water managem

ent, fish hold efflu

ent 

management, and 

ballast 

w

ater 

management. 

Technology 

based limits in the sVGP are represented as B:\1

Ps including 

polluti

on pr

eve

ntion approaches and structural managemel1t practices. 

Hoi\ is our customer sen ice? tceq.tcx s.goY cu~tomersun e\ 
the documents, the TCEQ certifies that there is reasonable assurance that the implementation of 

these general permits ,.vill not result in violation of the Texas Surface Water Quality Standards. 

Therefore, the TCEQ grants 401 \Vater Quality Certification of the VGP and sVGP vvith no 

additional state requirements. 

If you require additional information or further assistance, please contact Peter Schaefer, Water 

Quality Assessment Section, \Vater Quality Division (MC-150), at (512) 239-4372. 

Sincerely, 

D~WG-~ 

David W. Galindo 

Water Quality Division Director 

Texas Commission on Environmental Quality 

DWG/PS/gg 

cc: Dr. Elena Jigoulina, Water Quality Division, Oklahoma Division of Environmental 

Quality, P.O. Box 1677, Oklahoma City, Oklahoma, 73102-1677