UN ITED S T ATES ENV IR ONM ENTAL PR OT EC TIO N AGENCY R EG I O N 5 77 W EST JACK SON BOUL E VA RD C HICAG O , IL 606 0 4 ·3 590 

# MAY 17 

# 2012·

R EP LY T O THC

**TT E'**  **N** OF

Mr. Todd Main Federal Con s istency Coordinator Coastal Management Program Office Illinois Department of Natural Resources 16 0 North LaSalle Street, Suite S-700 Chicago, Illinois 60601 WN-16J

Re: Ve s sel General P et mit (VGP) and Small Vessel General Permit (sVGP) Requ est for Coastal Zone Managem ent Program Consistency Determination
D e ar Mr. Main: By this letter, the U.S. Environmental Protection Agency provides a national consistency detennin at ion to the Illinois Department ofNatural Resources pursuant to Section 307(c)(1) of the Coastal Zone Management Act (CZMA), including implementing regulations at 15 C. F.R

. §§ 930.3l(d) and 930.36(e). As further de scribed bel ow, the activity for which E PA has prepared the national consistency determination consists of the proposal of two general National Pollutant Discharge Elimination System (NPDES) permits for discharges incidental to th e normal operation of vessels. EPA proposed these two general permits, which are national in scope, pursuant to Sectio n 402 of the Clean Water Act (CWA), 33 U.S. C. § 1342. These EPA g en eral per mits are subject to the regulations that implement CZMA Section 307(c)(l) because th ey do not invoJv e case-by-case or individual issuance of a permit by EPA

. EPA released
c opies ofboth pennits and their accompanying facts sheets on Novemb er 30, 2011. This in fonna t ion is available at http: / / cfuub.epa.gov /npdes / ves s els/vgpermit.cfm.
CW A Section 30l(a) prohibits the discharges of pollutants into waters of the United States, inc ludin g t he 3 nau tical mi le territorial sea, except in compliance with certa in other sections of the CWA, including comp liance with an NPDES permit. EPA developed the VGP to regulate discharges inci dental to the nonnal operation of commercial vessels and non-recreationa l vessels greater than or equal to 79 feet in length

. 

### In light of the differences between larger vessels and
sm aller vess els , E PA propos ed the sVGP to cover discharges incidental to the normal operation of commercial vessels and non-rec reational vessels less th an 79 feet in length.
EPA has de termin ed that is suance of these permits is consistent to the maximum extent practicable with th e enfo r ceab le policies of the approved Illinois management program for a number of reasons . The permits provide increased protection to coastal waters by imposing enforceable NPDES permit limits on those discharges. 

### In addition, both permits estab lish technology-based effluent limitations based upon CWA Section 301(b)(2)(A) 

### and 301(b)(2)(E),

R oc yclecJ/ Rc c yc lab le • Pnn l e tl w t l ll V eget a b l e O il B ased Inks on 10 0% R e cyc led P aper i50% Pos t co n s u m cr )ensuring that vessel di scharges will be in compliance with applicable State water quality standards under CWA Section 303, and esta blishing requirements for the permittee to conduct monitoring and inspections. 

### In addition, because these gen eral NPDES permits are issued by the federal government , they are subject to state water qual ity certitlcation requirements under CW A Sect ion 401. Under CW A Section 401, Illinois E nv iro nme ntal Protection Agency has bee n asked to certify that the permits wilL comply with state water quali ty standards and other appropriate requirements of state law, and the final permits will incorporate applicable requirements or conditions required by that certification. Illinois Environ mental Pro tection Agency identified Darin LeCrone as their point of contact for the CWA Section 401 certification request. A detailed discussion of the permit terms and conditions and their underlying basis is set out in the enclosed CO containing the permits and their accompanying fact sheets. In light of the abo ve , pursuant to Section 307(c)(I) of the CZMA, EPA bas detem1ined that these proposed permits are consistent to the maxi mum extent practicable with the enforceable policies of the ap proved Illinois Coastal Zone Management Program. EPA requires your review, and if necessary, conditions, based on specific enforceable policies, that would permit the Illinois Department of Natural Resources to concur with EPA's consistency determination within 60 days of the receipt of this letter. Please provirl:e a current copy ofthe enforce able policies for your state with yo ur response. If th e Illinois Department of Natural Resources fails to furnish a reply within thi s time period, EPA will presume your concurrence. If you have any question, please contact Sean Ramach of my staff, at 312

- 886-5284 or ramach.sean@epa.gov. Sincerely,

Directo r, Water Division Enclosure s