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Additional Permit Resources
Lists of Nutrient and Copper Impaired Waters
The list of state waters that are impaired for copper and nutrients is based on current information that EPA has about each state's 303(d) list; however, this list may not necessarily reflect more recent state and/or EPA activity on those 303(d) lists.
Public Meetings, Webcast, and Hearing on the Proposed VGP
EPA has held two webcasts on permit terms and permit implementation since the VGP was finalized.
Additionally, EPA and the U.S. Coast Guard held three public meetings, a webcast, and a public hearing to discuss the proposed permits and solicit public input. The webcast is available to provide additional background information. This information is based on the proposal, not the final permit, and should be used for informational purposes only.
Recordings of the public meetings and transcripts from statements during the public hearing are available at www.regulations.gov  under docket number EPA-HQ-OW-2008-0055 (VGP).
Changes to the Permit since December 19, 2008
The permit posted on this website has been updated to reflect actions that have been taken since December 19, 2008 with respect to the permit, as follows:
- The VGP has been issued for the States of Alaska and Hawaii. EPA did not finalize the VGP for Hawaii and Alaska on December 18, 2008, because as of permit signature, EPA had not received a certification pursuant to section 401 of the Clean Water Act (CWA) from Hawaii or a final response on the national consistency determination required by section 307(c)(1) of the Coastal Zone Management Act (CZMA) from Alaska. EPA has since received the required section 401 certification and CZMA response and has amended the permit to reflect them. The effective date of the permit for Alaska and Hawaii is February 6, 2009.
- NOTE: Under the Agency's authority in 40 C.F.R. Part 23, this permit (as applied to Alaska and Hawaii) shall be considered issued for the purpose of judicial review on February 6, 2009. Under section 509(b) of the Clean Water Act, judicial review of this general permit can be had by filing a petition for review in the United States Court of Appeals within 120 days after the permit is considered issued for purposes of judicial review. Under section 509(b)(2) of the Clean Water Act, the requirements in this permit may not be challenged later in civil or criminal proceedings to enforce these requirements. In addition, this permit may not be challenged in other agency proceedings.
- Under 40 C.F.R. § 23.2, actions such as today's would by default be considered issued for purposes of judicial review two weeks after publication in the Federal Register. However, in other contexts, affected parties have expressed concern that deferring judicial review of Agency permits beyond the point at which regulated entities are obligated to comply with them may compromise judicial review rights. EPA is therefore exercising its discretion under 40 C.F.R. § 23.2 to deem the VGP for Alaska and Hawaii "issued for purposes of judicial review" on the same date it becomes effective.
- Several VGP Part 6 permit conditions (Specific requirements for individual States or Indian Country Lands) have been deleted.
- New Jersey Department of Environmental Protection issued its section 401 certification for the VGP on September 24, 2008, and modified its certification on February 2, 2009. This modification deleted certification conditions #1 and #2.
- Pennsylvania Department of Environmental Protection issued its section 401 certification for the VGP on December 12, 2008, and modified its certification on October 1, 2010. This modification deleted certification conditions #1, #2, and #3.
- Iowa Department of Natural Resources issued its section 401 certification for the VGP on August 8, 2008, and modified its certification on July 8, 2009. This modification deleted certification conditions #3 and #11.
- Illinois Environmental Protection Agency issued its section 401 certification for the VGP on November 21, 2008, and modified its certification on February 4, 2009. This modification deleted certification condition #9.
- California State Water Resources Control Board issued its section 401 certification for the VGP on December 17, 2008, and modified its certification on February 4, 2009. This modification deleted certification conditions #1, #2, #5, #7, #8, #9, #10, #13, #14, #15, and 7.1 and 7.2 from certification condition #16 and Attachments 4, 5, and 6 from certification condition #17.
Pursuant to EPA's implementing regulations at 40 CFR 124.55(b), EPA may, at the request of a permittee, modify the VGP based on a modified certification received after final agency action on the permit "only to the extent necessary to delete any conditions based on a condition in a certification invalidated by a court of competent jurisdiction or by an appropriate State board or agency." 40 CFR 124.55(b). In accordance with this provision, EPA has removed these deleted certification conditions from the VGP. EPA's letters, notifying the requesting permittees that their requests to delete the permit conditions were granted, can be found in the docket for the VGP (Docket ID No. EPA-HQ-OW-2008-0055).
- Several typographical errors have been corrected.
Additional Resources
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