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Fact Sheet on EPA National Aquaculture Effluent Rule
Summary
On June 30, 2004, the U.S. Environmental Protection
Agency (EPA) issued its final rule setting forth standards for concentrated
aquatic animal production (CAAP) facilities (fish farms, hatcheries, reserves,
and other aquaculture). The Clean Water Act prohibits the discharge of
pollutants from a point source into waters of the U.S., except as authorized by
a National Pollutant Discharge Elimination System (NPDES) permit. CAAP
facilities are point sources subject to the NPDES permit program (40 CFR S
122.24). The EPA is required to establish effluent limitations guidelines
and standards for different categories of point sources. EPA's new rule
establishes the effluent limitation guidelines and new source performance
standards for CAAP facilities. The rule does not alter the existing
regulations defining when a hatchery, fish farm, or any other facility is a CAAP.
The
final rule applies to:
-
Both commercial (for-profit) and non-commercial
(generally, public owned) operations that:
Produce aquatic animals for food, recreation, restoration of
wild populations, pet trade, and other commercial
products; And
-Produce, hold, or maintain at
least 100,000 pounds a year, in flow-through and re-circulating systems,
that
discharge wastewater at least
30 days a year (used primarily to raise trout, salmon, hybrid striped bass,
and
tilapia); Or
-Produce, hold, or maintain at
least 100,000 pounds a year, in net pens or submerged cage systems (primarly
salmon operations).
-
Net pen systems rearing native species released
after a growing period of no longer than 4 months to supplement commercial
and sport fisheries are exempted from the rule.
The
rule requires:
All applicable facilities must:
-
Prevent discharge of spilled drugs and
pesticides and minimize discharges of excess feed.
-
Regularly maintain production and wasterwater
treatment systems.
-
Keep records on numbers and weights of animals,
amounts of feed, and frequency of cleaning, inspections, maintenance, and
repairs.
-
Train staff to prevent and respond to spills and
to properly operate and maintain production and wastewater treatment
systems.
-
Report the use of experimental animal drugs or
drugs that are not used in accordance with label requirements.
-
Report orally and in writing, any failure of, or
damage to, a containment system and report any spills of drugs, pesticides
or feed that will result in a discharge to waters of the U.S.
-
Develop, maintain, and certify a Best Management
Practice (BMP) plan that describes how the facility will meet the
requirements.
Flow through and re-circulating discharge facilities
must minimize the discharge of solids such as uneaten food, settled solids, and
animal carcasses.
Open water facilities must additionally:
-
Use active feed monitoring and management
strategies to ensure the least possible amount of uneaten feed accumulates
beneath the nets.
-
Properly dispose of feed bags, packaging
materials, waste rope, and netting.
-
Limit as much as possible wastewater discharge
resulting from the transport or harvest of the animals.
-
Prevent the discharge of dead animals in the
wastewater.
How
will the rule be implemented?
When a facility applies for a new NPDES permit, or
when an existing permit is renewed, the new effluent rule will apply to that
farm. A facility's permit application will be considered "new" if the
facility's source of discharge is constructed 30 days after the effluent rule is
published in the Federal Register. The rule is expected to be published on
August 23, 2004.
How can I find the
rule or contact the EPA?
National Service Center for Environmental
Publications (NSCEP)
U.S. EPA/NSCEP
P.O. Box 42419
Cincinatti, Ohio 45242-2419
(800) 490-9198
www.epa.gov/ncepihom/
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