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ENB Multiregion and Statewide Completed Applications 05/16/2012



US Environmental Protection Agency
Region 2
290 Broadway
New York, NY 10007-1866

Application ID:


Permit(s) Applied for:

Section 401 - Clean Water Act Water Quality Certification.

Facility & Project Location:

Navigable Waters of the State of New York

Project Description:

This action is the NYS DEC's decision on issuance of a Water Quality Certification pursuant to Section 401 of the Clean Water Act (CWA) for the US EPA's National Pollutant Discharge Elimination System (NPDES) General Permits, presented in USEPA Docket ID No. EPA-HQ-OW-2011-0141:
a) reissuance of the Vessel General Permit (VGP) to cover discharges incidental to the normal operation of non-military and non-recreational vessels greater than or equal to 79 feet in length, and
b) issuance of the Small Vessel General Permit (sVGP) to cover discharges incidental to the normal operation of non-military and non-recreational vessels less than 79 feet in length.

For the VGP, DEC has determined that the provisions of CWA Sections 301, 302, 303, 306, 307, and 401, and appropriate requirements of State law, including NYS Water Quality Standards, can only be satisfied with the inclusion of specific requirements addressing the management and discharge of ballast water, and the prohibition of discharging treated and untreated bilge water.

For the sVGP, DEC has determined that no additional specific conditions are required and the permit meets NYS Water Quality Standards.

Availability of Application Documents:

Filed application documents, and Department draft permits where applicable, are available for inspection during normal business hours at the address of the contact person. To ensure timely service at the time of inspection, it is recommended that an appointment be made with the contact person. The draft Water Quality Certification and Fact Sheet are available on the NYSDEC web site at http://www.dec.ny.gov/permits/72399.html.

State Environmental Quality Review:

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:

This project is located in a Coastal Management area and is subject to the Waterfront Revitalization and Coastal Resources Act.

Opportunity for Public Comment:

Comments on this project must be submitted in writing to the Contact Person no later than June 6, 2012.

Contact Person:

Stuart Fox
NYSDEC Headquarters
Division of Environmental Permits
625 Broadway
Albany, New York 12233-1750

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