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ENB Multiregion and Statewide Completed Applications 08/06/2008



US Environmental Protection Agency
Region 2
290 Broadway
New York, NY 1007-1866


Commercial Vessels and Recreational Vessels

Application ID:


Permit(s) Applied for:

Section 401 Water Quality Certificate

Project Location:

Waters of the State of New York

Project Description:

The United State Environmental Protection Agency (USEPA) is seeking Section 401 Water Quality Certifications from the NYS Department of Environmental Conservation (NYSDEC) for two proposed general permits for discharges from vessels under the National Pollutant Discharge Elimination System: 1) Vessel General Permit for Discharges Incidental to the Normal Operation of Commercial and Large Recreational Vessels (VGP) ; and 2) General Permit for Discharges Associated with Recreational Vessels (RGP). The USEPA request that the State of New York make a written determination regarding the proposed permits' satisfaction of the Clean Water Act Sections 401, 301,302,303,306,and 307 and with applicable State law.

The NYSDEC proposes to grant Certification for the VGP with conditions. For vessels operating in New York Waters the discharge of ballast water will initially require ballast water exchange for vessels with ballast on board or saltwater flushing of ballast water tanks for vessels carrying only ballast water residuals, prior to entering New York waters. Subsequently, beginning on the date of the first drydocking of a vessel after June 30, 2009, vessels are required to have ballast water treatment systems that meet the standards contained in Regulation D-2 of the International Convention for the Control and Management of Ships' Ballast Water and Sediments. Further limitations are proposed beginning with the first drydocking of a vessel after December 31, 2011, but no later than December 31, 2013, requiring ballast water treatment systems that meet more stringent discharge limitations.

The Certification is also proposed to be conditioned to prohibit the discharge of treated or untreated graywater into the Waters of New York State within 3 nautical miles of shorelines or within Long Island Sound, New York Harbor, the Hudson River Estuary, Lake Ontario or Lake Erie. The discharge of copper anti-foulant coatings is prohibited, and the discharge of Tetrachloroethylene is limited to 10 mg/l.

The NYSDEC proposes to grant Certification for the RGP without conditions. Both certifications are proposed to expire five years after the date of issuance of the VGP and RGP.

The USEPA's request for certification was received by the NYSDEC on July 11, 2008 establishing a deadline for making a determination on certification within 45 days of July 9, 2006 (deadline date of August 23, 2008). This deadline has been extended to September 4, 2008 and there will be no further extensions. The time extension provides additional time for public comment and Department consideration of comments, but does not provide time for a public hearing should there be significant public interest. Public comments will be accepted as provided under Opportunity for Public Comment.

Availability of Application Documents:

Filed application documents and the Department's draft Water Quality Certifications are available for inspection during normal business hours at the address of the contact person below. To insure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. Additionally, the draft Water Quality Certifications are available on the NYSDEC web-site at http://www.dec.ny.gov/permits/6061.html .

State Environmental Quality Review (SEQR) Determination:
Project is an unlisted action and will not have a significant impact on the environment. A Negative Declaration is on file. A coordinated review was not performed.

SEQR Lead Agency: None Designated

State Historic Preservation Act (SHPA) Determination:

The proposed activity is not subject to review in accordance with SHPA. The permit type is exempt or the activity is being reviewed in accordance with federal historic preservation regulations.

Coastal Management:

The proposed activity is located in the Coastal Management areas and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on the draft Water Quality Certifications must be submitted in writing to the contact person no later than August 27, 2008.

Contact Person:

Francis Zagorski
NYSDEC Headquarters
Division of Water, 4th Floor
625 Broadway
Albany, New York 12233-3505
(518) 402- 8168

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