PA Bulletin, Doc. No. 12-1204 Page 1 of2



# NOTICES Certification under Section 401 ofthe Clean Water Act and Consistency under the Coastal Zone Management Act [42 Pa.B. 3807] [Saturday, June 30, 2012] The Department ofEnvironmental Protection (Department) grants certification under section 401 ofthe Clean Water Act (act) (33 U.S.C.A. § 1341) for activities conducted in accordance withthe United States Environmental Protection Agency proposed reissuance of its National Pollution Discharge Elimination System (NPDES) Vessel General Permit (VGP) for commercial vessels and nonrecreational vessels greater than or equal to 79 feet in length and issuance ofits proposedNPDES Small Vessel General Permit (sVGP) to cover discharges incidental to the operation ofvessels less than 79 feet in length, as described at 76 FR 76716 (December 8, 2011). The VGP and the sVGP are hereafter collectively referred to as VGPs. The Department finds the proposed VGPs are consistent with section 401 ofthe act as well as State water quality standards. Furthermore, the Department finds the proposed VGPs to be consistent with the Pennsylvania Coastal Resources Program's enforceable policies, as required by the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§ 1451-1466).

A notice inviting comment on this certification was published at 42 Pa.B. 1472 (March 17, 2012).

No comments were received by the Department. This Certification shall expire 5 years from the effective date ofproposed permits. However, the Department reserves the right to amend, modifY or withdraw certification of either orboth VGPs to protect the waters ofthis Commonwealth or iffor any reason further changes to one or both draft VGPs are made upon issuance ofthe final VGPs. Furthermore, the Departmentreserves the right to modifY this Certification to require vessels coveredby one orbothVGPs to install and operate ballast water treatment systems to prevent the discharge ofaquatic nuisance species to Commonwealth waters provided a determination is made bythe Department that suchballast water treatment systems are necessary, available and cost effective. The issuance ofthis Certification does not authorize a violation ofany Federal, State or local laws orregulations, nor does itrule out the necessity ofobtaining applicable permits,
http://www.pabulletin.com/secure/data/vol42/42-26/1204.html 7/2/2012PA Bulletin, Doc. No. 12-1204 Page 2 of2 including any other Departmentpermits or approvals from other units ofgovernment as may be required by law. Conditions in the VGPs are consistent to ensure compliance withthe requirements ofThe Clean Streams Law (35 P. S. §§ 691.1---691.1001) as well as to reduce water degradation, unintentional discharge ofinvasive species, nutrient loading, disease organisms and other pollutants discharged from the vessels coveredbythe VGPs that have the potential to disrupt the ecological balance ofthis Commonwealth's waters and the Great Lakes and negatively impact the fish and wildlife resources ofthis Commonwealth. MICHAEL L. KRANCER, Secretary

.[Pa..B. Doc. No. 12-1204. Filed for public inspection June 29,2012,9:00 a.m.]

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