[Federal Register Volume 64, Number 166 (Friday, August 27, 1999)]
[Notices]
[Pages 46911-46913]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-22324]


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ENVIRONMENTAL PROTECTION AGENCY

[FRL-6430-1]


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.

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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

[[Page 46912]]

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 (BOD5), 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 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; 
[email protected]. 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

[[Page 46913]]

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