[Federal Register Volume 63, Number 69 (Friday, April 10, 1998)]
[Notices]
[Pages 17859-17861]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-9384]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-5993-9]


Draft General NPDES Permit for Aquaculture Facilities and On-site 
Fish Processing Facilities in Idaho (General NPDES Permit ID-G13-0000)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of draft general NPDES permit.

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SUMMARY: The Director, Office of Water, EPA Region 10, is proposing to 
issue a general National Pollutant Discharge Elimination System (NPDES) 
permit number ID-G13-0000 for 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 draft 
general NPDES permit authorizes wastewater discharges from these 
facilities to surface waters of the United States throughout Idaho. 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 and for 
the enhancement of salmonid populations; they discharge rearing 
wastewater containing fish excreta, excess fish feed, dissolved and 
suspended solid biological pollutants, oxygen demanding materials, 
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; they discharge processing 
wastewater containing dissolved and suspended solid biological 
pollutants, oxygen demanding materials, nutrients, and residual 
disinfectants.
    The aquaculture facilities authorized to discharge pollutants under 
this 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 on total suspended solids and settleable solids and 
specific water quality-based

[[Page 17860]]

limitations on total phosphorus, dissolved oxygen, and pH. The fish 
processing facilities authorized to discharge pollutants under this 
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 
on total suspended solids, biochemical oxygen demand (BOD5), oil and 
grease, and pH and specific water quality-based limitations on total 
residual chlorine and pH. Discharges of hazardous materials are 
prohibited under this permit.
    The draft general NPDES permit contains technology-based 
limitations based upon the same effluent guidelines as previous NPDES 
permits for Idaho's aquaculture industry with corrections for the 
numbers of samples taken during a month. Limitations are provided for 
single grab samples and composite samples of four or more grab samples 
per day. The draft general NPDES permit contains technology-based 
limitations based upon the same effluent guidelines as previous NPDES 
permits for Idaho's fish processing industry.
    The draft general NPDES permit contains new water quality-based 
limitations and conditions which support Idaho's Water Quality 
Standards and respond to the polluted conditions of some of Idaho's 
surface water and the State's assessment of total maximum daily loads 
for the discharge of total phosphorus to these waters.
    The draft general NPDES permit contains effluent monitoring 
requirements which (1) support the detailed characterization of 
pollutants discharges during the first year of the permit term and (2) 
ensure compliance with permit limitations throughout the five-year term 
of the permit. Pollutant parameters measured include settleable solids, 
total suspended solids, dissolved oxygen, BOD5, oil and grease, pH, 
temperature, total phosphorus, ammonia, nitrate-nitrite, Kjeldahl 
nitrogen, and total residual chlorine.
    The draft general NPDES permit contains additional monitoring 
requirements for 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). Monitoring 
of whole effluent toxicity and ambient depositions of settleable 
organic residues by these facilities will be used to improve the 
assessment of the risks of environmental impacts of aquaculture 
discharges and ensure the protection of Idaho Water Quality Standards.
    The draft general NPDES permit contains requirements for the 
development of best management practices plans and annual operations 
reports.
    The draft permit was prepared with considerable consultation with 
Idaho Department of Health and Welfare, Division of Environmental 
Quality. This collaborative effort was conducted with the Twin Falls 
Regional Office in the lead for IDHW-DEQ. 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. A public meeting was held in Twin Falls on June 19, 1997 
to obtain input from the public on key issues. In response to this 
input, EPA in consultation with IDHW-DEQ has agreed, among other 
things, to develop a more logical and equitable classification scheme 
and to reduce the monitoring and data collection requirements.

PUBLIC NOTICE ISSUANCE DATE: April 10, 1998.

PUBLIC NOTICE EXPIRATION DATE: June 9, 1998.

Availability

    Copies of the draft general NPDES permit and supporting fact sheet 
are available from the EPA Region 10 Public Environmental Resource 
Center at 1-800-424-4EPA (4372), the EPA Idaho Office, and Idaho 
Division of Environmental Quality offices throughout the state. Both 
can be downloaded from the Internet website of EPA Region 10's Office 
of Water--``Public Notices'' at www.epa.gov/r10earth/offices/water/
ow.htm.

Public Comments

    Interested persons may submit written comments on the draft general 
NPDES permit within the 60-day public comment period to the attention 
of Carla Fromm at the address and telephone number below. All comments 
should include the name, address, and telephone number of the commenter 
and a concise statement of comment on the permit condition(s) and the 
relevant facts upon which the comment is based. Comments of either 
support or concern which are directed at specific, cited permit 
requirements are appreciated. Comments must be submitted to EPA on or 
before the expiration date of the public notice.
    After the expiration date on the public notice, the Director, 
Office of Water, EPA Region 10, will make a final determination with 
respect to issuance of the general permit. The tentative requirements 
contained in the draft general permit will become final conditions if 
no substantive comments are received during the public comment period. 
The permit is expected to become effective by the end of September 
1998.
    Persons wishing to comment on the State Certification that the 
general NPDES permit protects Idaho Water Quality Standards should 
submit written comments within the 60-day public comment period to the 
State of Idaho, IDHW--Division of Environmental Quality, 601 Pole Line 
Road, Suite 2, Twin Falls, Idaho 83301-3035, attn: Mike McMasters, 
(telephone: 208-736-2190).

Public Hearing and Workshop

    A public hearing has been scheduled for 7:00 pm on Tuesday, May 12, 
1998, at the IDHW--Division of Environmental Quality office, 601 Pole 
Line Road, Twin Falls, Idaho, in order to receive and record verbal 
public comments. Comments of either support or concern which are 
directed at specific, cited permit requirements are appreciated; 
written comments for submission to the record which reflect verbal 
comments are appreciated.
    A public workshop has been scheduled to precede the hearing, and 
will be held from 1:30 pm to 5 pm, Tuesday, May 12, 1998, at the IDHW--
Division of Environmental Quality office, 601 Pole Line Road, Twin 
Falls, Idaho, in order to provide for the presentation and discussion 
of issues relevant to this general NPDES permit. The workshop will 
consider (1) Permit Goals and Strategy, (2) Effluent Limitations, (3) 
Effluent Monitoring Requirements, (4) Ambient Monitoring Requirements, 
(5) Best Management Practices, (6) Reporting Requirements, and (7) 
Schedules of Compliance.
    The hearing and the workshop are distinctly separate yet mutually 
supporting opportunities for public participation and information. The 
public hearing is a forum for the presentation and recording of public 
comments for the administrative record of this general NPDES permit; 
agency responses will be kept to a minimum. The public workshop is a 
forum of the agencies to present issues in person and with the support 
of audio-visual assets; public participation will be in the form of 
discussions grounded in question-and-answer exchanges.

Appeal of Permit

    Within 120 days following the service of notice of EPA's final 
permit decision under 40 CFR 124.15, any interested person may appeal 
the Permit in the

[[Page 17861]]

Federal Court of Appeal in accordance with section 509(b)(1) of the 
Clean Water Act. 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.
    The draft permit was prepared with considerable consultation with 
Idaho Department of Health and Welfare, Division of Environmental 
Quality. This collaborative effort was conducted with the Twin Falls 
Regional Office in the lead for IDHW-DEQ. 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. A public meeting was held in Twin Falls on June 19, 1997 
to obtain input from the public on key issues. In response to this 
input, EPA in consultation with IDHW-DEQ has agreed, among other 
things, to develop a more logical and equitable classification scheme 
and to reduce the monitoring and data collection requirements.

Administrative Record

    The complete administrative record for the draft general NPDES 
permit is available for public review. Contact Carla Fromm at the 
address and telephone number below.

ADDRESSES: Public comments should be sent to: Environmental Protection 
Agency Region 10, Idaho Office, 1435 North Orchard Street, Boise, Idaho 
83706, attn. Carla Fromm. A copy of the permit and fact sheet can be 
obtained at this office, or Idaho Division of Environmental Quality, 
1410 N Hilton, Boise, Idaho 83706; IDHW-DEQ Twin Falls Regional Office, 
601 Pole Line Road, Suite 2, Twin Falls, Idaho 83301; IDHW-DEQ Boise 
Regional Office, 1445 N. Orchard, Boise, Idaho 83706-2239; IDHW-DEQ 
Pocatello Regional Office, 224 S. Arthur, Pocatello, Idaho 83204; IDHW-
DEQ Lewiston Regional Office, 1118 F St., Lewiston, Idaho 83501; IDHW-
DEQ Coeur d'Alene Regional Office, 2110 Ironwood Pkwy, Coeur d'Alene, 
Idaho 83814; and IDHW-DEQ Idaho Falls Regional Office, 900 N. Skyline, 
Idaho Falls, Idaho 83402.

Regulatory Flexibility Act

    After review of the facts presented in the notice printed above, I 
hereby certify pursuant to the provision of 5 U.S.C. 605(b) that this 
general NPDES permit will not have a significant impact on a 
substantial number of small entities. Moreover, the permit reduces a 
significant administrative burden on regulated sources.

FOR FURTHER INFORMATION CONTACT: Carla Fromm, EPA Region 10, Idaho 
Office, 1435 North Orchard Street, Boise, Idaho 83706; (208) 378-5755; 
[email protected].

    Dated: April 3, 1998.
Philip G. Millam,
Director, Office of Water, Region 10.
[FR Doc. 98-9384 Filed 4-9-98; 8:45 am]
BILLING CODE 6560-50-P