David Smith 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

Mail Code: WTR-5 

San Francisco, CA 941 05 

Dear Mr. Smith: 

SUBJECT: CLEAN WATER ACT SECTION 401 WATER QUALITY CERTIFICATION FOR 

U.S. ENVIRONMENTAL PROTECTION AGENCY'S VESSEL GENERAL PERMITS 

The U.S. Environmental Protection Agency (USEPA) had requested on December 8, 2011 that 

the State Water Resources Control Board (State Water Board) issue a water quality certification 

pursuant to Clean Water Act (CWA) Section 401 for two permits under the USEPA National 

Pollutant Discharge Elimination System (NPDES) vessels program: (1) Vessel General Permit 

(VGP) and (2) Small Vessel General Permit (sVGP). The VGP applies to discharges incidental 

to the normal operation of commercial vessels and non-recreational vessels greater than or 

equal to 79 feet in length and the sVGP applies to discharges incidental to the normal operation of commercial vessels and non-recreational vessel less than 79 feet in length. 

State Water Board staff reviewed the information submitted by USEPA describing the activities 

and the proposed water quality protection measures for these permits. On March 28, 2012, a 

Public Notice was posted for the Water Quality Certifications for the USEPA VGP and sVGP to 

satisfy the public notice requirements of section 3861, title 23, of the California Code of 

Regulations. Comments on this action were due within 45 days of the posting date. 

Pursuant to title 23, section 3838 of the California Code of Regulations, I hereby make the 

certification determination described in Enclosures I and II for the VGP and sVGP respectively. 

If you require further assistance, please contact Ms. Shuka Rastegarpour, the staff lead person 

for this certification, at (916) 341-5576 (srastegaroour@waterboards.ca.gov) or 

Dr. Maria de Ia Paz Carpio-Obese, Chief of our Ocean Standards Unit, at (916) 341-5858 

(mcarpio-obeso@waterboards.ca.gov). 

Sincerely, 

~~J 

Thomas Howard 

Executive Director 

CH.•.;lLES R. HoPPIN, CHAIRt.IAN I THut.1 ,, HoV.'ARD, EXECUTIVE DIRECTGR 

1001 I Str'let, s~cramento, c .... S5 ~ I Me.:li.lg Addres>: P.O. Jox 100, Sccramento, c,., 9~~12-0100 I I'. ::.··at::rboo.rdS.C'l..gC 

j

Plan and Basin Plans 

Attachment 4: Monitoring and Reporting 

Enclosure II: sVGP Water Quality Certification Order: 

Attachment 1: Signatory Requirement 

Attachment 2: List of Chemical Names and Common Names for Hazardous Wastes and 

Hazardous Materials, Title 22, Chapter 11, Appendix X, California Code 

of Regulations 

Attachment 3: Effluent Limitations Based on Narrative Objectives in the California Ocean 

Plan and Basin Plans 

cc: Victoria A. Whitney 

Deputy Director 

State Water Resources Control Board 

1 001 I Street 

Sacramento, CA 95814 

David W. Gibson 

San Diego Regional Water Quality 

Control Board 

9174 Sky Park Court, Suite 100 

San Diego, CA 92123-4340 

Pamela Creedon 

Central Valley Bay Regional Water Quality 

Control Board 

11020 Sun Center Drive #200 

Rancho Cordova, CA 95670 

cc: Continued next page 

Jonathan S. Bishop 

Chief Deputy Director 

State Water Resources Control Board 

1 001 I Street 

Sacramento, CA 95814 

Bruce H. Wolfe 

San Francisco Bay Regional Water Quality 

Control Board 

1515 Clay Street, Suite 1400 

Oakland, CA 94612 

Kurt Berchtold 

Santa Ana Regional Water Quality 

Control Board 

3737 Main Street, Suite 500 

Riverside, CA 92501 

Robert E. Perdue 

Colorado River Basin Bay Regional Water 

Quality Control Board 

73-720 Fred Waring Drive, Suite 100 

Palm Desert, CA 92260 

Ken Harris 

Central Coast Bay Regional Water Quality 

Control Board 

895 Aerovista Place, Suite 1 01 

San Luis Obispo, CA 93401 

Don Hermanson 

Marine Facilities Division 

California State Lands Commission 

200 Oceangate, Suite 900 

Long Beach, CA 90802 

Michael Fulton 

Water Quality Division Director 

Arizona Department of Environmental 

Quality 

111 0 West Washington Street 

Phoenix, AZ 85007 

Samuel Unger 

Los Angeles Bay Regional Water Quality 

Control Board 

320 W. 4th Street, Suite 200 

Los Angeles, CA 90013 

Eugene Bromely 

U.S. Environmental Protection Agency 

Region 9 

75 Hawthorne Street 

San Francisco, CA 941 05-3901 

Kathy Sertic 

Bureau of Water Quality Planning 

Nevada Division of Environmental Protection 

901 S. Stewart Street, Suite 4001 

Carson City, NV 89701 

Alec Wong 

Clean Water Branch 

Environmental Management Division 

State Department of Health 

P.O. Box 3378 

Honolulu, HI 96801-3378 

ORDER FOR CLEAN WATER ACT SECTION 401 

WATER QUALITY CERTIFICATION FOR 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

VESSEL GENERAL PERMIT 

PROJECT: Vessel General Permit (VGP) 

APPLICANT: Mr. David Smith 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

Mail Code: WTR-5 

San Francisco, CA 941 05 

This Order responds to your request, received on December 8, 2011, on behalf of the 

U.S. Environmental Protection Agency (USEPA) for a water quality certification (Certification) for 

the VGP. The 2013 VGP is a Clean Water Act National Pollutant Discharge Elimination System 

(NPDES) permit that authorizes, on a nationwide basis, discharges incidental to the normal 

operation of commercial vessels that are non-military and non-recreational, greater than or 

equal to 79 feet in length. The 2013 VGP replaces the 2008 VGP, which expires in 

December 2013. 

ACTION: 

Order for Standard Certification Order for Denial of Certification 

X Order for Technically Conditioned Order for Waiver of Waste Discharge Certification Requirements 

AUTHORIZATION: 

This Certification applicable to waters of the state conditionally certifies the VGP; based on the 

proposed VGP issued by USEPA on December 8, 2011, in Federal Register Volume 76, 

Number 236 that regulates the discharge of 27 vessel discharge (Table 1) streams by 

establishing effluent limitations including Best Management Practices (BMPs). 

CHARLES R. HOPPIN, CHAIRMAN j TH011.\S Hc.N,RD, EXECUTIVE DIRECTOR 

1DD1 I Stro3!, Sacnmento, c,; I 1.1ailing ... ddress: P.O. Bcx 100, c-, J5812-0100 I .,, ,•w.v "terboards.ca.gc 

0 RECYCLED PhPER 
4 Anti

Fouling Leachate From Anti

Fouling 18 Refrigeration and Air Condensate Hull Coatings/Hull Coating Leachate Discharge 

5 Aqueous Film Forming Foam (AFFF) 19 Seawater Cooling Overboard Discharge 

6 Boiler/Economizer Slowdown 20 Seawater Piping Biofouling Prevention 

7 Cathodic Protection 21 Boat Eng_ine Wet Exhaust 

8 Chain Locker Effluent 22 Sonar Dome Discharge 

Controllable Pitch Propeller and 

9 Thruster Hydraulic Fluid and other Oil 23 Underwater Ship Husbandry 

Sea Interfaces 

10 Distillation and Reverse Osmosis Brine 24 Welldeck Discharges 

11 Elevator Pit Effluent 25 Graywater Mixed With Sewage 

12 Firemain Systems 26 Exhaust Gas Scrubber Washwater Discharge 

13 Freshwater Layup 27 Fish Hold Effluent 

14 Gas Turbine Wash Water 

Refer to Section 5 of the 2013 VGP for Vessel-Class-Specific Requirements that apply to large 

cruise ships, medium cruise ships, large ferries, barges, oil tankers, research vessels, and 

emergency/rescue vessels. 

For each discharge type, the VGP establishes effluent limitations pertaining to the constituents 

found in the effluent. The VGP also establishes BMPs designed to decrease the volume of 

constituents entering the waste stream. Even though a vessel may not produce all of these 

discharges, a vessel owner/operator is responsible for meeting the applicable effluent limitations 

and conditions for every listed waste type that the vessel discharges. The VGP includes 

effluent limitations to control a variety of pollutants (Table 2), which have been classified into 

seven types: 

Table 2: Types of Pollutants Regulated by the VGP 

Pollutant Groups Examples 

Aquatic Nuisance Species (a.k.a., aquatic invasive Non-native Jellyfish, Zebra Mussels, Asian 

species, or nonindigenous aquatic species) Clams, etc. 

Most Conventional Pollutants Biochemical Oxygen Demand, Oil and Grease, 

pH, Total Suspended Solids, etc. 

Metals Iron, Nickel, Zinc, Copper, Bronze, Silver, etc. 

Nutrients Phosphorous and Nitrogen 

Pathogens E. Coli and Fecal Coliform 

Other Toxic Pollutants Anti-foulants, rust inhibitors, epoxy coating 

materials, etc. 

Non-conventional Pollutants with Toxic Effects Phthalates, Phenol, Tetrachloroethylene, 

Chlorine Residual, Chlorides, etc. 
VGP covers vessel discharges into waters of the United States and its territories. 

The VGP requires submission of a Notice of Intent (NO I) for vessels that are 300 gross tons or 

greater or have a ballast water capacity of at least eight cubic meters. All other vessels subject 

to the VGP are net required tc submit an NO!, and instead need tc complete a Permit 

Authorization and Record of Inspection (PARI) form. 

To comply with the public notice requirements of California Code of Regulations, title 23, 

sections 3858 and 3861 governing the California's Water Quality Certification Program, a public 

notice of US EPA's application for certification for the VGP was posted on the State Water 

Resources Control Board's (State Water Board) Web site on March 28, 2012. The comment 

period on the application closed on May 14, 2012. 

This Order includes Attachments 1-3. Following is a description of these attachments: 

• Attachment 1 - Signatory Requirements 

• Attachment 2 - List of Chemical Names and Common Names for Hazardous Wastes 

and Hazardous Materials from title 22, chapter 11, appendix X of the California Code of 

Regulations 

• Attachment 3 - Effluent Limitations Based on Narrative Objectives in the California 

Ocean Plan and Regional Water Quality Control Plans (Basin Plans) 

STANDARD CONDITIONS: 

1. This Certification is subject to modification or revocation upon administrative or judicial 

review, including review and amendment pursuant to Water Code section 13330 and 

California Code of Regulations, title 23, section 3867 et seq. (Auth: Wat. Code,§§ 1058, 

13160, 13160.1, 13321; Cal. Code Regs., tit. 23, § 3860. This condition cannot be made 

less stringent without violating the requirements of state law, including water quality 

standards.) 

2. This Certification is not intended and shall not be construed to apply to any activity 

involving a hydroelectric facility requiring a Federal Energy Regulatory Commission 

(FERC) license or an amendment to a FERC license unless the pertinent certification 

application was filed pursuant to California Code of Regulations, title 23, subsection 

3855(b), and the application specifically identified that a FERC license or amendment to a 

FERC license for a hydroelectric facility was being sought. (Auth: Wat. Code, §§ 1 058, 

13160, 13160.1, 13321; Cal. Code Regs., tit. 23, § 3860. This condition cannot be made 

less stringent without violating the requirements of state law, including water quality 

standards.) 
p

on vessels that have submitted NOis or PARI forms. (Auth: Wat. Code,§§ 13267, 13383. 

This condition cannot be made less stringent without violating the requirements of state 

law, including water quality standards.) · 

2. All discharges are prohibited in state Water Quality Protection Areas as defined in the 

Public Resources Code sections 36700- 36900 inclusive, and the California Ocean Plan, 

except for those discharges that occur in transit associated with vessel traffic separation 

lanes. (Auth: 33 U.S.C. § 1313; Pub. Resources Code,§ 36710; Wat. Code,§ 13140. 

This condition cannot be made Jess stringent without violating the requirements of state 

law, including water quality standards.) 

3. Large passenger vessel and cruise ship graywater discharges are prohibited in state 

waters. Graywater discharges from oceangoing vessels that weigh 300 gross tons or 

more are also prohibited if such vessels have sufficient holding capacity. Any co-mingling 

of black water (sewage) and graywater waste streams will be considered graywater for 

purposes of these conditions as stated in section 2.2.25 of the 2013 VGP. (Auth: Pub. 

Resources Code,§ 72400 et seq. This condition cannot be made less stringent without 

violating the requirements of state law, including water quality standards.) 

4. Vessel discharges shall comply with all requirements and discharge prohibitions set forth 

in the California Clean Coast Act of 2005. (Auth: Pub. Resources Code, § 72400 et seq. 

This condition cannot be made less stringent without violating the requirements of state 

law, including water quality standards.) 

5. A monitoring study shall be conducted in order to provide the State Water Board an 

adequate representative characterization of the discharges from vessels. The 

representative monitoring study requirement is designed to efficiently gather and present 

representative water quality data on the impacts of these discharges. The data will be 

used to determine if any future changes to the conditions are necessary for compliance 

with the California Ocean Plan numeric objectives, Basin Plans numeric objectives, and 

the California Toxics Rule criteria. Additionally, a collaborative, representative monitoring 

program is designed to minimize the costs for individual dischargers and the aggregate 

costs for individual vessel owners and operators as a whole. 

Vessels that do not discharge any waste streams into waters of the state during the 2013 

VGP cycle are not subject to this requirement. However, a copy of the USEPA NOI (or 

when applicable, PARI form), USEPA Acknowledgement Letter, and applicable fee shall 

be submitted. 

Any vessels that do not make their first port of call in California until the last calendar year 

of the 2013 VGP cycle shall be exempt from participating in this monitoring study. 
without violating the requirements of state law, including water quality standards.) 

6. None of the 27 discharges covered by the VGP may contain hazardous waste as defined 

in the California Code of Regulations, title 22, section 66261 and Water Code section 

13173, as well as hazardous substances listed in Attachment 2 of this Order, which 

includes bilgewater. Additionally, the following wastes are prohibited from being 

discharged: noxious liquid substance residues, used or spent oil, garbage or trash/plastic 

(In compliance with the applicable California Basin Plans), sewage sludge, photodeveloping wastes, dry cleaning wastes, and medical wastes. By signing USEPA's NOI (or when applicable, the PARI form), the vessel owner/operator certifies that hazardous 

and prohibited wastes as defined under California law, will not be discharged from a covered vessel or vessels. Upon receipt of USEPA's NOI (or when applicable, PARI form) 

Acknowledgement Letter, the vessel owner/operator shall submit a copy of the letter along 

with the fee required per Cal. Code Regs., tit. 23, § 2200. 

The vessel owner/operator shall submit the fee and a copy of USEPA's NOI (or when 

applicable, PARI form) Acknowledgment Letter to: 

NPDES Unit 

Division of Water Quality 

State Water Resources Control Board 

1001 I Street, 15th Floor 

Sacramento, CA 95814 

(Auth: See generally, statewide and regional water quality control plans; 33 U.S.C. § 

1313; Pub. Resources Code,§ 72420.2; Wat. Code,§§ 13140, 13173, 13240, 13260.1, 

13267, 13383; Cal. Code Regs., tit. 22, § 66261. This condition cannot be made less 

stringent without violating the requirements of state law, including water quality standards.) 

7. There shall be no oily sheen from any discharge, and oil and grease shall not exceed 15 

milligrams per liter (mg/L) from any discharge as stated in section 2.1.4 of the VGP. (Auth: 

See generally, statewide and regional water quality control plans; 33 U.S.C. § 1313; Wat. 

Code,§§ 13140, 13240. This condition cannot be made less stringent without violating 

the requirements of state law, including water quality standards.) 

8. Detergents shall not be used to disperse hydrocarbon sheens in any waste streams. To 

ensure this practice is implemented for all state waters, and additionally to protect drinking 

water sources, such as sources in the Sacramento and San Joaquin Delta, methylene 

blue active substances (MBAS) are not to exceed 0.5 mg/L in any waste streams being 
seq. and California Code of Regulations, tit

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, 

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4.8, inclusive. (Auth: Pub. Resources Code,§ 71200 et seq. and Cal. Code Regs, tit. 2, 

div. 3, ch. 1, arts. 4.5 through 4.8. This condition cannot be made less stringent without 

violating the requirements of state law, including water quality standards.) 

10. The SLC has jurisdiction over vessels that are 300 gross registered tons and above that 

carry or are capable of carrying ballast water. Vessels entering state waters that fall within 

this description shall complete the SLC forms found in the following Marine Invasive 

Species Program (MISP) Compliance and Reporting Documents page: 

http://www.slc.ca.gov/Spec Pub/MFD/Ballast Water/Compliance Rptng Docs.html 

Forms are subject to change. Please use the most updated forms. 

(Auth: Pub. Resources Code,§ 71200 et seq. and Cal. Code Regs, tit. 2, div. 3, ch. 1, 

arts. 4.5 through 4.8. This condition cannot be made less stringent without violating the 

requirements of state law, including water quality standards.) 

11. Propeller cleaning is allowed until the biofouling management regulations for vessels are 

adopted by the SLC and become effective. After the SLC biofouling management 

regulations become effective, propeller cleaning is allowed as specified in those 

regulations. All other in-water hull cleaning is prohibited unless conducted using the best 

available technologies economically feasible, as determined by State Water Board staff in 

consultation with SLC staff. This prohibition includes underwater ship husbandry 

discharges (VGP Discharge No. 23). (Auth: Pub. Resources Code,§ 71200 et seq. and 

Cal. Code Regs, tit. 2, div. 3, ch. 1, arts. 4.5 through 4.8. This condition cannot be made 

less stringent without violating the requirements of state law, including water quality 

standards.) 

12. If the ballast water receives chlorination treatment, the discharge to the ocean shall not 

exceed a maximum level of 60 micrograms per liter (IJg/L) of total residual chlorine, and 

the discharge to inland waters, enclosed bays, and freshwaters shall not exceed a 

maximum level of 19 !Jg/L of total residual chlorine. (The Gold Book, U.S. EPA 440/5-86-

001, May 1986.) (Auth: See generally, statewide and regional water quality control plans; 

33 U.S.C. § 1313; Wat. Code,§§ 13140, 13240, 13377; Cal. Code Regs., tit. 23, § 2235.2. 

This condition cannot be made less stringent without violating the requirements of state 

law, including water quality standards.) 

13. Vessel discharges must comply with the applicable statewide water quality control plans 

and Basin Plans. Attachment 3 lists the effluent limitations based on the narrative water 

quality objectives cited in these plans that shall be met in the receiving water. (Auth: See 

generally, statewide and regional water quality control plans; 33 U.S.C. § 1313; Wat. 
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conditions, the specific conditions that were violated, the duration of the violation, and 

nature of discharges during that emergency period and the location of the emergency 

discharge. This report shall be transmitted to the State Water Board staff within 24 hours 

after the emergency conditions cease. In the event that the State Water Board staff 

determines that the circumstances do not constitute an emergency, the State Water Board 

may seek appropriate investigatory or enforcement action pursuant to Administrative 

Condition No. 6. (Auth: Pub. Resources Code, § 21 080; Wat. Code, § 1 058; Cal. Code 

Regs., tit. 14, § 15359. This condition cannot be made less stringent without violating the 

requirements of state law, including water quality standards.) 

Submit report electronically to: calvgp cert@waterboards.ca.qov 

15. The owner or operator of a large passenger vessel shall notify the California Emergency 

Management Agency (Cal EMA) immediately, but not longer than 30 minutes, after the 

discovery of a release of graywater or sewage into the marine waters of the state or a 

marine sanctuary. The owner or operator of an oceangoing ship with sufficient holding 

tank capacity shall notify Cal EMA immediately, but not longer than 30 minutes, after the 

discovery of a release of graywater or sewage into the marine waters of the state or a 

marine sanctuary. The owner or operator of a large passenger vessel or an oceangoing 

ship shall notify Cal EMA immediately, but not longer than 30 minutes, after the discovery 

of a release of hazardous waste, other waste, sewage sludge, or oily bilgewater into the 

marine waters of the state or a marine sanctuary. 

Cai-EMA Office of Emergency Services hotline: (800) 852-7550 

(Auth: Pub. Resources Code, § 72400 et seq. This condition cannot be made less 

stringent without violating the requirements of state law, including water quality standards.) 

ADMINISTRATIVE CONDITIONS: 

1. This Certification shall expire on the expiration or retraction of the 2013 VGP unless 

USEPA administratively extends it. (Auth: Wat. Code,§ 13377; Cal. Code Regs., tit. 23 

§§ 2235.2, 3861. This condition cannot be made less stringent without violating the 

requirements of state law, including water quality standards.) 

2. This Water Quality Certification is subject to the acquisition of all local, regional, state, and 

federal permits and approvals as required by law. Failure to meet any conditions 

contained herein or any the conditions contained in any other permit or approval issued by 

the State of California or any subdivision thereof may result in the revocation of this 

Certification. (Auth: Wat. Code, § 13002. This condition cannot be made less stringent 

without violating the requirements of state law, including water quality standards.) 
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Certification, after providing notice to USEPA. If the VGP fails to comply with the state 

water quality control plans and policies, or any other appropriate requirement of the state 

law, the State Water Board may add to or modify the conditions of this Certification, as 

appropriate, to implement any new or revised water quality standards and implementation 

plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act or 

section 303 of the Clean Water Act. (Auth: Wat. Code,§§ 1058, 13160, 13160.1, 13321; 

Cal. Code Regs., tit. 23, § 3860. This condition cannot be made less stringent without 

violating the requirements of state law, including water quality standards.) 

5. In the event of any violation or threatened violation of the conditions of this Certification, 

the violation or threatened violation shall be subject to any remedies, penalties, processes, 

or sanctions as provided for under state or federal law. For purposes of the Clean Water 

Act section 401(d), the applicability of any state law authorizing remedies, penalties, 

processes, or sanctions for the violation or threatened violation constitutes a limitation 

necessary to assure compliance with the water quality standards and other pertinent 

requirements incorporated into this Order. (Auth: 33 U.S.C. § 1341; Wat. Code,§§ 

13300-13365, inclusive, and§§ 13370-13389, inclusive. This condition cannot be made 

less stringent without violating the requirements of state law, including water quality 

standards.) 

6. In response to a suspected violation of any condition of this Certification, the State Water 

Board may require a vessel owner/operator to furnish, under penalty of pe~ury, any 

technical or monitoring reports the State Water Board deems appropriate, provided that 

the burden, including costs, of the reports shall bear a reasonable relationship to the need 

for the reports and the benefits to be obtained from the reports. (Auth: Wat. Code, §§ 

13267, 13383. This condition cannot be made less stringent without violating the 

requirements of state law, including water quality standards.) 

CALIFORNIA ENVIRONMENTAL QUALITY ACT {CEQA) EXEMPTION: 

Based on a review of the VGP information submitted, the State Water Board staff determined 

that the issuance of this Certification and the activities described herein meet the exemption 

criteria under California Code of Regulations, title 14, section 15307 (Actions by Regulatory 

Agencies for Protection of Natural Resources) and 15308 (Actions by Regulatory Agencies for 

Protection of the Environment). Additionally, State Water Board staff concludes that no 

exceptions apply to the activities approved by this Certification. The State Water Board has 

filed a Notice of Exemption in accordance with the California Code of Regulations, title 14, 

section 15062 for this Order. 
I hereby issue an order certifying that discharges as described in the VGP comply with the 

applicable provisions of Clean Water Act sections 301 (Effluent Limitations), 302 (Water Quality 

Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 

306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) 

if all of the conditions listed in this Certification are met. These discharges are also regulated 

pursuant to State Water Board Water Quality Order No. 2003-0017-DWQ, which authorizes this 

Certification to serve as Waste Discharge Requirements pursuant to Water Code section 13000 

et seq. 

Except insofar as may be modified by any preceding conditions, all Certification actions are 

contingent on (a) the discharge being limited and all proposed mitigation being completed in 

strict compliance with the VGP, and (b) compliance with all applicable requirements of statewide 

water quality control plans and policies and applicable Regional Water Quality Control Plans. 

Date I I 

Executive Director 

WATER QUALITY CERTIFICATION FOR 

U.S. ENVIRONMENTAL PROTECTION AGENCY 

SMALL VESSEL GENERAL PERMIT 

PROJECT: Small Vessel General Permit (sVGP) 

APPLICANT: Mr. David Smith 

U.S. Environmental Protection Agency, Region 9 

75 Hawthorne Street 

Mail Code: WTR-5 

San Francisco, CA 941 05 

This Order responds to your request, received on December 8, 2011 , on behalf of the U.S. 

Environmental Protection Agency (USEPA) for a water quality certification (Certification) for the 

2013 sVGP. The 2013 sVGP authorizes discharges incidental to the normal operation of nonmilitary and non-recreational vessels less than 79 feet in length. A Congressional moratorium 

(initiated by Public Law 11 0-299 and then extended by Public Law 111-215) exempts 

owner/operators of commercial fishing vessels and non-recreational, non-military vessels less 

than 79 feet in length from having to obtain a National Pollutant Discharge Elimination System 

(NPDES) permit for all incidental discharges, with the exception of ballast water, until December 

18, 2013. The 2013 sVGP will serve as the NPDES permit for vessels that fall into this category 

after that date. 

ACTION: 

Order for Standard Certification Order for Denial of Certification 

X Order for Technically Conditioned Order for Waiver of Waste Discharge Certification Requirements 

AUTHORIZATION: 

This Certification applicable to waters of the state conditionally certifies the sVGP, based on the 

proposed sVGP issued by USEPA on December 8, 2011, in Federal Register Volume 76, 

Number 236 that regulates nine broad categories of small vessel discharges by setting nonnumeric effluent limits including Best Management Practices (BMPs). 

CH.·.RLES R. HoPPIN, CHAIRt.!AN I THO:' <s Her. ARD, EXECUTI\'E DIRECTOR 

1001 18tr€CI, 1menl.), c .. :•'1.-1.: I t !ailing ,-'Jureos: P.O. Box WO, c' I ·:,· ,' ·atert;,ardc.ca.go· 

No. Discharge No. Discharge 

1 Anti-Foulant Hull Coating Leachate 6 Non-Contact Engine Cooling Water 

2 Bilgewater 7 Packing Gland Effluent 

3 Deck Runoff 8 Underwater Hull Husbandry 

4 Fish Hold Effluent 9 Ballast Water 

5 Graywater 

The sVGP includes, in the management groups, non-numeric effluent limits in the form of BMPs 

to help minimize the amount of any discharge produced, and to reduce the likelihood of that 

discharge entering a water body. Even though a vessel may not produce all of these 

discharges, a vessel owner/operator is responsible for meeting the applicable effluent limitations 

and conditions for every listed waste type that the vessel discharges. The sVGP includes 

effluent limitations to control a variety of pollutants, which have been classified into seven types 

{Table 2). 

Table 2: Types of Pollutants Regulated by the sVGP 

Pollutant Groups Examples 

Aquatic Nuisance Species (a.k.a., aquatic invasive Non-native Jellyfish, Zebra Mussels, Asian 

species, or nonindigenous aquatic species) Clams, etc. 

Most Conventional Pollutants Biochemical Oxygen Demand, Oil and Grease, 

pH, Total Suspended Solids, etc. 

Metals Iron, Nickel, Zinc, Copper, Bronze, Silver, etc. 

Nutrients Phosphorous and Nitrogen 

Pathogens E. Coli and Fecal Coliform 

Other Toxic Pollutants Anti-foulants, rust inhibitors, epoxy coating 

materials, etc. 

Non-conventional Pollutants with Toxic Effects Phthalates, Phenol, Tetrachloroethylene, 

Chlorine Residual, Chlorides, etc. 

The sVGP's effluent limitations are intended to control these pollutants, which are potentially 

constituents of industrial waste, chemical waste and garbage discharged from vessels. 

The sVGP will not require the vessel owner/operators to submit a Notice of Intent (NOI) to 

receive permit coverage. Instead, vessel owner/operators must complete the sVGP Permit 

Authorization and Record of Inspection (PARI) form, which records that the applicable 

owner/operators have read, and will implement all of the requirements of the sVGP. 

To comply with the public notice requirements of California Code of Regulations, title 23, 

sections 3858 and 3861 governing the California's Water Quality Certification Program, a public 

notice of USEPA's Application for certification for the sVGP was posted on the State Water 

Resources Control Board's (State Water Board) Web site on March 28, 2012. The comment 

period on the application closed on May 14, 2012. 

This Certification includes Attachments 1-3. Following is a description of these attachments: 

• Attachment 1 - Signatory Requirements 

• Attachment 2 - List of Chemical Names and Common Names for Hazardous Wastes 

and Hazardous Materials, Title 22, Chapter 11, Appendix X, California Code of 

Regulations 

• Attachment 3 - Effluent Limitations Based on Narrative Objectives in the California 

Ocean Plan and Basin Plans 

STANDARD CONDITIONS: 

1. This Certification is subject to modification or revocation upon administrative or judicial 

review, including review and amendment pursuant to Water Code section 13330 and 

California Code of Regulations, title 23, section 3867 et seq. (Auth: Wat. Code,§§ 1058, 

13160, 13160.1, 13321; Cal. Code Regs., tit. 23, § 3860. This condition cannot be made 

less stringent without violating the requirements of state law, including water quality 

standards.) 

2. This Certification is not intended and shall not be construed to apply to any activity 

involving a hydroelectric facility requiring a Federal Energy Regulatory Commission 

(FERC) license or an amendment to a FERC license unless the pertinent certification 

application was filed pursuant to California Code of Regulations, title 23, subsection 

3855(b ), and the application specifically identified that a FERC license or amendment to a 

FERC license for a hydroelectric facility was being sought. (Auth: Wat. Code, §§ 1058, 

13160, 13160.1, 13321; Cal. Code Regs., tit. 23, § 3860. This condition cannot be made 

less stringent without violating the requirements of state law, including water quality 

standards.) 

3. This Certification is conditioned upon total payment of any fee required under California 

Code of Regulations, title 23, § 2200 and owed by the applicant. (Auth: Wat. Code, §§ 

§ 

condition cannot be made less stringent without violating the requirements of state law, 

including water quality standards.) 

2. If the ballast water receives chlorination treatment, the discharge to the ocean shall not 

exceed a maximum level of 60 micrograms per liter (IJQ/L) of total residual chlorine, and if 

the discharge is to enclosed bays and inland waters, then it shall not exceed a maximum 

level of 19 IJg/L of total residual chlorine. (The Gold Book, U.S. EPA 440/5-86-001, May 

1986) (Auth: See generally, statewide and regional water quality control plans [Basin 

Plans]; 33 U.S.C. § 1313; Wat. Code,§§ 13140, 13240, 13377; Cal. Code Regs., tit. 23, § 

2235.2. This condition cannot be made less stringent without violating the requirements of 

state law, including water quality standards.) 

3. None of the discharges permitted by the sVGP may contain hazardous waste as defined in 

the California Code of Regulations, title 22, section 66261 and Water Code section 13173, 

as well as hazardous substances listed in Attachment 2 of this document which includes 

bilgewater. Additionally, the following wastes are prohibited from being discharged into 

waters of the State: sewage sludge, used or spent oil, and garbage or trash (including · 

plastic). By signing USEPA's PARI form, the vessel owner/opperator certifies that 

hazardous wastes as defined under California law, and prohibited wastes, will not be 

discharged from covered vessel or vessels. (Auth: See generally, statewide and regional 

water quality control plans; 33 U.S.C. § 1313; Pub. Resources Code, § 72420.2; Wat. 

Code,§§ 13140, 13173, 13240, 13267, 13383; Cal. Code Regs., tit. 22, § 66261. This 

condition cannot be made less stringent without violating the requirements of state law, 

including water quality standards.) 

4 . Vessel discharges shall comply with all requirements set forth in all applicable statewide 

water quality control plans and policies, and regional water quality control plans. 

Attachment 3 lists the effluent limitations based on narrative water quality objectives that 

shall be met in the receiving water. (Auth: See generally, statewide and regional water 

quality control plans; 33 U.S.C. § 1313; Wat. Code,§§ 13140, 13240. This condition 

cannot be made less stringent without violating the requirements of state law, including 

water quality standards.) 

5. Owner/operators of vessels subject to the sVGP shall comply with California Fish and 

Game Code section 2301, regarding dreisseinid mussels (e.g. quagga and zebra 

mussels). Owner/operators shall submit to inspections by the California Department of 

Fish and Game at launch ramps or at any other location around the state to prevent the 

transportation of the dreisseinid mussels. If owner/operators of vessels discover 

dreisseinid mussels within California water bodies, that discovery shall be immediately 

reported to the California Department of Fish and Game. (Auth: Fish & G. Code, § 2300 

7. Detergents shall not be used to disperse hydrocarbon sheens in any waste streams. To 

ensure this practice is implemented for all state waters, and additionally to protect drinking 

water sources in the Sacramento and San Joaquin Delta, methylene blue active 

substances (MBAS) are not to exceed 0.5 mg/L in any waste streams being discharged, 

applicable to all waterbodies (Auth: See generally, statewide and regional water quality 

control plans; 33 U.S.C. § 1313; Wat. Code,§§ 13140, 13240. This condition cannot be 

made less stringent without violating the requirements of state law, including water quality 

standards.) 

8. Allowance for emergency conditions: In the case of a sudden unexpected situation which 

involves a clear and imminent danger to life, health or property, the requirements of this 

Certification are suspended to the extent that those requirements would otherwise be 

violated. Any suspension of the requirements of this Certification is only permitted as long 

as the emergency conditions persist. In such cases the vessel owner/operator shall report 

to State Water Board staff the emergency conditions requiring the violation of Certification 

conditions, the specific conditions that were violated, the duration of the violation, and 

nature of discharges during that emergency period and the location of the emergency 

discharge. This report shall be transmitted to the State Water Board staff within 24 hours 

after the emergency conditions cease (see Attachment 1 ). In the event that the State 

Water Board staff determines that the circumstances do not constitute an emergency, the 

State Water Board may seek appropriate investigatory or enforcement action pursuant to 

Administrative Condition No. 6. (Auth: Pub. Resources Code, § 21 080; Wat. Code, § 

1058; Cal. Code Regs., tit. 14, § 15359. This condition cannot be made less stringent 

without violating the requirements of state law, including water quality standards.) 

Submit report electronically to: calvgp cert@waterboards.ca.gov 

ADMINISTRATIVE CONDITIONS: 

1. This Certification shall expire on the expiration or retraction of the 2013 sVGP unless 

USEPA administratively extends it. (Auth: Wat. Code,§ 13377; Cal. Code Regs., tit. 23 

§§ 2235.2, 3861. This condition cannot be made less stringent without violating the 

requirements of state law, including water quality standards.) 

2. The State Water Board reserves the right to suspend, cancel, or modify and reissue this 

Certification, after providing notice to USEPA. If the sVGP fails to comply with the state 

water quality control plans and policies, or any other appropriate requirement of the state 

law, the State Water Board may add to or modify the conditions of this Certification, as 

appropriate, to implement any new or revised water quality standards and implementation 

plans adopted or approved pursuant to the Porter-Cologne Water Quality Control Act or 

section 303 of the Clean Water Act. (Auth: Wat. Code,§§ 1058,13160,13160.1, 13321; 

g 

q

y 

) 

4. USEPA shall notify the State Water Board staff within 24 hours of any noncompliance that 

may impact the beneficial uses of waters of the state. The notification shall include the 

volume and type of materials discharged and recovered, measures used to stop and 

contain the discharge, and measures implemented to prevent future discharges. (Auth: 

Pub. Resources Code,§ 21080; Wat. Code,§ 1058; Cal. Code Regs., tit. 14, § 15359. 

This condition cannot be made less stringent without violating the requirements of state 

law, including water quality standards.) 

5. In the event of any violation or threatened violation of the conditions of this Certification, 

the violation or threatened violation shall be subject to any remedies, penalties, processes, 

or sanctions as provided for under state or federal law. For purposes of the Clean Water 

Act section 401(d), the applicability of any state law authorizing remedies, penalties, 

processes, or sanctions for the violation or threatened violation constitutes a limitation 

necessary to assure compliance with the water quality standards and other pertinent 

requirements incorporated into this Order. (Auth: 33 U.S.C. § 1341; Wat. Code, §§ 

13300-13365, inclusive, and§§ 13370-13389, inclusive. This condition cannot be made 

less stringent without violating the requirements of state law, including water quality 

standards.) 

6. In response to a suspected violation of any condition of this Certification, the State Water 

Board may require a vessel owner/operator to furnish, under penalty of pe~ury, any 

technical or monitoring reports the State Water Board deems appropriate, provided that 

the burden, including costs, of the reports shall bear a reasonable relationship to the need 

for the reports and the benefits to be obtained from the reports. (Auth: Wat. Code, §§ 

13267, 13383. This condition cannot be made less stringent without violating the 

requirements of state law, including water quality standards.) 

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA) EXEMPTION: 

Based on a review of the sVGP information submitted, the State Water Board staff determined 

that the issuance of this Certification and the activities described herein meet the exemption 

criteria under California Code of Regulations, title 14, section 15307 (Actions by Regulatory 

Agencies for Protection of Natural Resources) and section 15308 (Actions Taken by Regulatory 

Agencies for Protection of the Environment). Additionally, State Water Board staff concludes 

that no exceptions apply to the activities approved by this Certification. The State Water Board 

has filed a Notice of Exemption in accordance with the California Code of Regulations, title 14, 

section 15062 for this Order. 

I hereby issue an order certifying that discharges as described in the sVGP comply with the 

applicable provisions of Clean Water Act sections 301 (Effluent Limitations), 302 (Water Quality 

Related Effluent Limitations), 303 (Water Quality Standards and Implementation Plans), 

306 (National Standards of Performance), and 307 (Toxic and Pretreatment Effluent Standards) 

if all of the conditions listed in this Certification are met. These discharges are also regulated 

pursuant to State Water Board Water Quality Order No. 2003-0017-DWQ, which authorizes this 

Certification to serve as Waste Discharge Requirements pursuant to Water Code section 13000 

et seq. 

Except insofar as may be modified by any preceding conditions, all Certification actions are 

contingent on (a) the discharge being limited and all proposed mitigation being completed in 

strict compliance with the sVGP, and (b) compliance with all applicable requirements of 

statewide water quality control plans and policies and applicable Regional Water Quality Control 

Plans. 

Thomas ~~awl- Howard Date¢ 7-4:l. 

Executive Director 

Control Board (State Water Board) must be signed and certified as follows: 

(a) For a corporation, by a responsible corporate officer of at least the level of 

vice-president. 

(b) For a partnership .or sole proprietorship, by a general partner or proprietor, 

respectively. 

(c) For a municipality, or a state, federal, or other public agency, by either a 

principal executive officer or ranking elected official. 

2. Alternatively, for a vessel operating in waters of the State, all applications, 

reports, or information submitted to the State Water Board may be signed and 

certified by a duly authorized representative of a person designated in Items. 1.a 

through 1.c, such as the master, operator, agent, or other person in charge if: 

(a) The authorization is made in writing by a person described in Items 1.a 

through 1.c above. 

(b) The authorization specifies either an individual or position having 

responsibility for the overall operation of the regulated activity. 

(c) The written authorization is submitted to the State Water Board's Executive 

Director: 

Attention: NPDES Unit 

Division of Water Quality 

State Water Resources Control Board 

1001 I Street, 15th Floor 

Sacramento, CA 95814 

3. Any person signing a document under this section shall make the following 

certification: 

"I certify under penalty of law that I have personally examined and am familiar 

with the information submitted in this document and all attachments and that, 

based on my inquiry of those individuals immediately responsible for obtaining 

the information, I believe that the information is true, accurate, and complete. 

I am aware that there are significant penalties for submitting false information, 

including the possibility of fine and imprisonment." 

forth in California Code of Regulations, title 22, section 66261.110 and section 66261.113. Trademark chemical 

names are indicated by all capital letters. The list can be found at: 

http://www.dtsc.ca.gov/LawsRegsPolicies!Title22/upload/Appendix-X Ch11 ready-to-post.pdf 

The following is a list of common names of wastes which are presumed to be hazardous wastes unless it is 

detennined that the waste Is not a hazardous waste pursuant to the procedures set forth in section 66262.11. The 

hazardous characteristics which serve as a basis for listing the common names of wastes are indicated in the list as 

follows: 

(X) toxic, (C) corrosive, (I) ignitable and (R) reactive. 

Acetylene sludge (C) 

Acid and water(C) 

Acid sludge (C) 

AFU Floc(X) 

Alkaline caustic liquids (C) 

Alkaline cleaner (C) 

Alkaline corrosive battery fluid (C) 

Alkaline corrosive liquids (C) 

Asbestos waste (X) 

Ashes(X,C) 

Bag house wastes (X) 

Battery acid (C) 

Beryllium waste (X) 

Bilge water (X) 

Boiler cleaning waste (X, C) 

Bunker Oil (X, I) 

Catalyst (X,I,C) 

Caustic sludge (C) 

Caustic wastewater (C) 

Cleaning solvents (I) 

Corrosion inhibitor (X, C) 

Data processing fluid (I) 

Drilling fluids (X,C) 

Drilling mud (X) 

Dyes (X) 

Etching acid liquid or solvent (C,I) 

Fly ash (X, C) 

Fuel waste (X,I) 

Insecticides (X) 

Laboratory waste (X,C,R,I) 

Lime and sulfur sludge (C) 

Lime and water (C) 

Lime sludge (C) 

Lime wastewater (C) 

Liquid cement (I) 

Mine tailings (X,R) 

Obsolete explosives (R) 

Oil and water (X) 

Oil Ash (X,C) 
(

) 

Spent acid (C) 

Spent caustic (C) 

Spent {or waste) cyanide s~lutions (X, C) 

Spent mixed acid (C) 

Spent plating solution {X, C) 

Spent sulfuric acid (C) 

Stripping solution (X,I) 

Sulfonation oil (I) 

Tank bottom sediment (X) 

Tanning sludges (X) 

Toxic chemical toilet wastes (X) 

Unrinsed pesticide containers (X) 

Unwanted or waste pesticides -an unusable portion of active ingredient or undiluted formulation {X) 

Waste epoxides (X,I) 

Waste {or slop) oil (X) 

Weed Killer (X) 

The following is a list of electronic wastes that are presumed to be hazardous wastes and that are "covered electronic 

device[s]• pursuant to chapter 8.5 of part 3 of division 30 of the Public Resources Code section 42460 et seq., if they 

have a viewable screen size [as defined in California Code of Regulations, title 22, sec. 66260.201, subsec. (b)(3)(C)] 

greater than four inches, unless it is determined that the electronic waste is not a hazardous waste pursuant to the 

procedures set forth In California Code of Regulations, title 22, section 66262.11. The hazardous characteristic that 

serves as a basis for listing the common names of electronic wastes is toxicity. 

(1) Cathode ray tube (CRT)-containing devices (CRT devices); 

(2) CRTs; 

(3) CRT -containing computer monitors; 

(4) Liquid crystal display {LCD)-containing laptop computers; 

(5) LCD-containing desktop monitors; 

(6) CRT -containing televisions; 

(7) LCD-containing televisions (excluding LCD projection televisions); 

(8) Plasma televisions (excluding plasma projection televisions); 

(9) Portable DVD players with LCDs. 
visible sheen). 

3. The discharge must not cause aesthetically undesirable discoloration of the surface of 

the receiving water. 

4. Natural light shall not be significantly reduced in the receiving water as the result of the 

discharge. 

5. The discharge must not contain inert solids and other settleable materials or organic 

substances that will degrade benthic communities. 

6. The discharge must not contain toxic substances in toxic concentrations, and 

substances that could accumulate to toxic levels in the receiving water or sediments. 

7. The discharge must not contain substances that bioaccumulate, in fish, shellfish, or 

other marine/aquatic life used for human consumption, to levels that are harmful to 

human health. 

8. The discharge must not contain substances that alter the taste, odor, or color of fish, 

shellfish, or other marine/aquatic life used for human consumption. 

9. The discharge must not contain radioactive wastes or byproducts. 

10. The discharge must not contain nutrient concentrations that would cause objectionable 

aquatic growths or degrade indigenous biota in the receiving water. 

11. The discharge must not cause dissolved oxygen concentrations in the receiving water to 

be depressed more than 10 percent from that which occurs naturally, as the result of the 

discharge of oxygen demanding wastes. 

12. The discharge must not cause pH in the ocean receiving water to be changed more than 

0.2 units from that which occurs naturally. 

13. The discharge must not cause pH in freshwater receiving water (Sacramento and 

San Joaquin Rivers) to be changed more than 0.5 units from that which occurs naturally. 

14. The discharge must not cause dissolved sulfide concentrations in the receiving water to 

be increased above that present under natural conditions.