Final NPDES Permit for Aquaculture Facilities and Associated, On-Site Fish Processing Facilities Operating in Idaho

ENVIRONMENTAL PROTECTION AGENCY
Final NPDES Permit for Aquaculture Facilities and Associated, On-Site Fish Processing Facilities Operating in Idaho (ID-G13-0000)
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of final NPDES general permit.
SUMMARY: The Director, Office of Water, EPA Region 10, is publishing notice of the availability of the National Pollutant Discharge Elimination System (NPDES) general permit (number ID-G13-0000) for coverage of aquaculture facilities and associated, on-site fish processing facilities operating in Idaho, pursuant to the provisions of the Clean Water Act, 33 U.S.C. 1251 et seq. The general NPDES permit authorizes wastewater discharges from these facilities to surface waters of the United States throughout Idaho, once a notification of coverage by the permit is received by the facilities from the Agency. The aquaculture facilities authorized to discharge under this general permit raise fish (rainbow trout, steelhead trout, chinook salmon, catfish, tilapia and other fish) for market as food products or for the enhancement of salmonid populations, and they discharge rearing wastewater containing fish excreta, excess fish feed, dissolved and suspended solid biological pollutants, nutrients, and residual disease control chemicals. The fish processing facilities authorized to discharge under this general permit butcher fish (rainbow trout, steelhead trout, chinook salmon, catfish, tilapia and other fish) for market as food products, and they discharge processing wastewater containing dissolved and suspended solid biological pollutants, oxygen demanding materials, nutrients, and residual disinfectants.

The aquaculture facilities authorized by the general NPDES permit are required to develop best management practices plans, supported by mass balance assessments of their operations, and to restrict their discharges below specific technology-based limitations for total suspended solids (TSS) and settleable solids (SS) and total phosphorus. The TSS and SS limits are based on the same effluent guidelines as previous aquaculture NPDES permits with an exception for the monitoring frequency. In addition, specific water quality-based limitations from the State's total maximum daily load (TMDL) for total phosphorus apply to dischargers to the Middle Snake River and its tributaries. These TMDL total phosphorus limits must be met by the fifth year of the permit. The fish processing facilities authorized by the general NPDES permit are also required to develop best management practices plans, supported by mass balance assessments of their operations, and to restrict their discharges below specific technology-based limitations. Technology-based effluent limitations are required for TSS, five-day biochemical oxygen demand (BOD<INF>5</INF>), oil and grease, and pH. Specific water quality-based limitations are also required for total residual chlorine and pH. Discharges of hazardous materials, sludge, grit and accumulated solid residues, and untreated cleaning wastewaters are prohibited under this permit. The general NPDES permit contains effluent monitoring requirements which (1) support the detailed characterization of pollutants discharged during the first year of the permit term and (2) evaluate compliance with permit limitations throughout the five-year term of the permit. In addition to the limited pollutants, effluent monitoring is also required for nitrate-nitrite, total ammonia, total Kjeldahl nitrogen, dissolved oxygen, temperature, and total residual chlorine. The largest facilities (producing more than one million pounds of fish per year and, collectively, discharging more than one half of the pollution produced by this industry) are required to monitor the efficiency of their best management practices and waste treatment, and conduct whole effluent toxicity. The whole effluent toxicity data will be used to assess the environmental impacts of aquaculture discharges and ensure the protection of Idaho Water Quality Standards.

SUPPLEMENTARY INFORMATION: The EPA is publishing the general NPDES permit pursuant to its authority under sections 301(b), 304, 306, 307, 308, 401, 403 and 501 of the Clean Water Act. The fact sheet for the draft permit, the response to comments document, the biological assessment, and the 401 certification issued by the State of Idaho set forth the principal facts and the significant factual, legal and policy questions considered in the development of the terms and conditions of the final permit. The permit was prepared with considerable consultation with the Idaho Division of Environmental Quality, Twin Falls Regional Office. The majority of aquaculture facilities are located in the Twin Falls Regional Office proper and are point sources identified in The Middle Snake Watershed Management Plan, Phase 1 TMDL.

Public Comment
Pursuant to section 402 of the Clean Water Act, 33 U.S.C. 1342, EPA proposed and solicited comment on the draft general permit in the Federal Register (59 FR 38473, April 10, 1998), the Times-News (Twin Falls), and the Idaho Statesman. A public meeting and hearing was held by EPA on May 12, 1998. Changes have been made to the final permit in response to comments received from facility representatives, concerned citizens, environmental groups, the U.S. Fish and Wildlife Service, and the State of Idaho. The changes address grammatical/structural clarification, monitoring frequency, and limitations supported by industry data. Changes made to the general permit in response to public comments are addressed in a document entitled "Response to Public Comments on the Proposed Issuance of the general National Pollutant Discharge Elimination System (NPDES) permit for Aquaculture Facilities in Idaho and Associated, On-site Fish Processors." This document was provided to all commenters, current permittees and applicants and is available at the address below or from the EPA Region 10 website.

FOR FURTHER INFORMATION: Copies of the general NPDES permit, supporting fact sheet for the draft general NPDES permit, response to public comments, and today's publication are available from the EPA Region 10 Public Environmental Resource Center at 1-800-424-4EPA (4372). All documents can also be downloaded from EPA Region 10's Office of Water website under "Public Notices" at http://www.epa.gov/r10earth/offices/water/ow.htm. Copies are also available from the EPA Idaho Operations Office at 1435 N Orchard, Boise, Idaho 83706; Idaho Division of Environmental Quality (IDEQ)-Twin Falls Regional Office at 601 Pole Line Road, Suite 2, Twin Falls, Idaho 83301; IDEQ-Boise Regional Office at 1445 N. Orchard, Boise, Idaho 83706-2239; IDEQ-Pocatello Regional Office at 224 S. Arthur, Pocatello, Idaho 83204; IDEQ-Lewiston Regional Office at 1118 F St., Lewiston, Idaho 83501; IDEQ-Coeur d'Alene Regional Office at 2110 Ironwood Pkwy, Coeur d'Alene, Idaho 83814; and IDEQ-Idaho Falls Regional Office at 900 N. Skyline, Idaho Falls, Idaho 83402.

ADMINISTRATIVE RECORD OR FURTHER INFORMATION: The complete administrative record for the general NPDES permit is available for public review by contacting Carla Fromm. Unless otherwise noted in the permit, all other correspondence or questions regarding this permit should be sent to Carla Fromm, EPA Region 10, Idaho Office, 1435 North Orchard Street, Boise, Idaho 83706; (208) 378-5755; fromm.carla@epa.gov. For those with impaired hearing or speech, please contact EPA's telecommunication device for the deaf (TDD) at (206) 553-1698. Legal Requirements Endangered Species Act Consultation under the Endangered Species Act was conducted with the U.S. Fish and Wildlife Service. The U.S. Fish and Wildlife Service has issued a Biological Opinion on the effects of the general permit as well as eight other individual NPDES permits that authorize discharge into the Middle Snake River. The Opinion concludes that the action is not likely to jeopardize the continued existence of listed snail species in the action area. The opinion also includes an "Incidental Take Statement." Under the terms of section 7(b)(4) and section 7(o)(2) of the Endangered Species Act, take of species that is incidental to an agency's action is not prohibited provided that such taking is in compliance with the terms and conditions of the Incidental Take Statement. The Service identified eight "reasonable and prudent measures" that have been addressed by EPA in order to minimize incidental take. Two revisions to the NPDES permit were necessary to address the conditions of the Biological Opinion. One of the measures requires the permittee to orally report conditions that endanger listed snail species to both EPA and the U.S. Fish and Wildlife Service within 24 hours from the time a permittee becomes aware of the circumstances. The other measure requires that written reports on noncompliance occurrences that endanger listed Snake River snails be sent to the Service.

State Water Quality Standards and State Certification
The State of Idaho, Division of Environmental Quality, has certified under section 401 of the Clean Water Act, that the subject discharges comply with the Idaho State Water Quality Standards and sections 208(e), 301, 302, 303, 306 and 307 of the Clean Water Act. Executive Order 12866 EPA has determined that this general permit is not a "significant regulatory action" under the terms of Executive Order 12866 and is therefore not subject to OMB review.

Paperwork Reduction Act
The information collection requirements of this permit were previously approved by the Office of Management and Budget (OMB) under the provisions of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., requires that EPA prepare a regulatory flexibility analysis for rules subject to the requirements of 5 U.S.C. 553(b) that have a significant impact on a substantial number of small entities. The permit issued today, however, is not a "rule" subject to the requirements of 5 U.S.C. 553(b) and is therefore not subject to the Regulatory Flexibility Act. Unfunded Mandates Reform Act Section 201 of the Unfunded Mandates Reform Act (UMRA), Public Law 104-4, generally requires Federal agencies to assess the effects of their "regulatory actions" (defined to be the same as "rules" subject to the RFA) on tribal, state, and local governments and the private sector. The permit issued today, however, is not a "rule" subject to the RFA and is therefore not subject to the requirements of UMRA.

Appeal of Permit
Within 120 days following the date of permit issuance of EPA's final permit decision under 40 CFR 124.15, any interested person may appeal the general permit in the Federal Court of Appeal in accordance with section 509(b)(1) of the Clean Water Act. The date of permit effectiveness is defined at 40 CFR 23.2 to be at 1:00 pm eastern time, two weeks after the date of publication in the Federal Register. Persons affected by a general NPDES permit may not challenge the conditions of the permit as a right of further EPA proceedings. Instead, they may either challenge the permit in court or apply for an individual NPDES permit and then request a formal hearing on the issuance or denial of an individual NPDES permit.

Effective Date
The general NPDES permit shall become effective on September 13, 1999. The general permit and the authorization to discharge shall expire at midnight on September 13, 2004.
Dated: August 19, 1999.
Randall F. Smith,
Director, Office of Water, Region 10.
[FR Doc. 99-22324 Filed 8-26-99; 8:45 am]
BILLING CODE 6560-50-P