UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

REGION 5 

77 WEST JACKSON BOULEVARD 

CHICAGO, IL 60604·3590 

MAY 17 2012· 

REPLY TO THC TTE' N OF 

Mr. Todd Main 

Federal Consistency Coordinator 

Coastal Management Program Office 

Illinois Department of Natural Resources 

160 North LaSalle Street, Suite S-700 

Chicago, Illinois 60601 

WN-16J 

Re: Vessel General Petmit (VGP) and Small Vessel General Permit (sVGP) 

Request for Coastal Zone Management Program Consistency Determination 

Dear Mr. Main: 

By this letter, the U.S. Environmental Protection Agency provides a national consistency 

detennination 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 described below, the activity for which EPA 

has prepared the national consistency determination consists of the proposal of two general 

National Pollutant Discharge Elimination System (NPDES) permits for discharges incidental to 

the normal operation of vessels. EPA proposed these two general permits, which are national in 

scope, pursuant to Section 402 of the Clean Water Act (CW A), 33 U.S.C. § 1342. These EPA 

general permits are subject to the regulations that implement CZMA Section 307(c)(l) because 

they do not invoJve case-by-case or individual issuance of a permit by EPA. EPA released 

copies of both pennits and their accompanying facts sheets on November 30, 2011. This 

infonnation is available at http://cfuub.epa.gov/npdes/vessels/vgpermit.cfm. 

CW A Section 30l(a) prohibits the discharges of pollutants into waters of the United States, 

including the 3 nautical mile territorial sea, except in compliance with certain other sections of 

the CWA, including compliance with an NPDES permit. EPA developed the VGP to regulate 

discharges incidental to the nonnal operation of commercial vessels and non-recreational vessels 

greater than or equal to 79 feet in length. In light of the differences between larger vessels and 

smaller vessels, EPA proposed the sVGP to cover discharges incidental to the normal operation 

of commercial vessels and non-recreational vessels less than 79 feet in length. 

EPA has determined that issuance of these permits is consistent to the maximum extent 

practicable with the enforceable 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 establish 

technology-based effluent limitations based upon CWA Section 301(b)(2)(A) and 301(b)(2)(E), 

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ensuring that vessel discharges will be in compliance with applicable State water quality 

standards under CWA Section 303, and establishing requirements for the permittee to conduct 

monitoring and inspections. In addition, because these general NPDES permits are issued by the 

federal government, they are subject to state water quality certitlcation requirements under CW A 

Section 401. Under CW A Section 401, Illinois Environmental Protection Agency has been 

asked to certify that the permits wilL comply with state water quality standards and other 

appropriate requirements of state law, and the final permits will incorporate applicable 

requirements or conditions required by that certification. Illinois Environmental Protection 

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 above, pursuant to Section 307(c)(I) of the CZMA, EPA bas detem1ined that these 

proposed permits are consistent to the maximum extent practicable with the enforceable policies 

of the approved Illinois Coastal Zone Management Program. EPA requires your review, and if 

necessary, conditions, based on specific enforceable policies, that would permit the Illinois 

Department ofNatural Resources to concur with EPA's consistency determination within 

60 days of the receipt of this letter. Please provirl:e a current copy ofthe enforceable policies for 

your state with your response. If the Illinois Department of Natural Resources fails to furnish a 

reply within this 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, 

Director, Water Division 

Enclosures