Synopsis
of Proposed EPA Effluent RegulationsSynopsis
of Proposed EPA Effluent RegulationsOn September 12, 2002, the US EPA released its proposed Aquaculture Effluent Limitation Guidelines in the Federal Register.The complete document is available online at http://www.epa.gov/fedrgstr/EPA-WATER/2002/September/Day-12/w21673.htm or as a PDF file (EPA Regulations).At this point it is important to keep in mind that these are only the PROPOSED guidelines.There is still a chance that these regulations will change.Comments are being accepted from the public until December 11, 2002.
This document is intended to be a summary of the new aquaculture effluent guidelines.Based on the information the EPA received, it has proposed NEW effluent limitation guidelines for 3 subcategories of the aquaculture industry:
3.Net Pens
Decisions on which subcategories to regulate were made based on the potential impact the subcategory has on receiving water and the anticipated cost of compliance.
Compliance with the new guidelines is expected to result in a 4.1 million pound reduction in total suspended solids (TSS) entering US waterways per year at a cost of $1.5 million to the industry and $3,337 annually to state and federal permitting authorities.Further more, EPA believes that by controlling TSS, biochemical oxygen demand (BOD) and nutrients will be reduced by 8.7 million pounds per year.Best management practices (BMP's) are expected to provide adequate control of non-conventional (ex. ammonia-N, phosphorus, formaldehyde) and toxic pollutants (ex. metals, organics).
There are no new proposed guidelines for pond systems, molluscan shellfish, public aquariums, crawfish or alligators.EPA has found that these subcategories of the industry either do not fit the definition of a concentrated aquatic animal production facility, do not contribute significantly to the amount of TSS released or the cost of compliance would be too great a burden on the individual producers.There is still a question, however, as to how to deal with rapid drain discharge from ponds, as is commonly used when harvesting shrimp and occasionally for catfish, striped bass and baitfish.While not subject to NEW regulations, subcategories that are subject to NPDES permitting are limited in their effluent discharges based on the 'best professional judgment' (BPJ) of the permit writer.
Within the three subcategories that have NEW effluent limitations proposed, the amount of production is used to determine the level of control an individual is subject to.Currently, the PROPOSED production threshold is set at 100,000 pounds annually.Farms producing less then this amount would not be subject to NEW effluent limitation guidelines.Threshold size will be re-evaluated when EPA detailed survey results are in and after reviewing comments from the public.
The following are the PROPOSED effluent limitations for the three subcategories of the concentrated aquatic animal production industry that the EPA has identified as warranting national regulation.
A.Regulation Option 11.Annual Production <100,000 lbs/yrNo nationally-applicable effluent limitations2.Annual Production 100,000 - 475,000 lbs/yrPrimary settling (ex. quiescent zones, settling basin) and/or BMP plan development for solids control either as an alternative or in lieu of numerical limits on TSS3.Annual Production ?475,000 lbs/yra.Primary settlingb.Solids polishing (ex. micro-screen filters) and/or BMP (expecting 20% solids reduction of solids by micro-screen filters).
c.BMP for non-conventional and toxic pollutants, specifically certain drugs, chemicals, non-native species, pathogens
d.Reporting requirements for drug and chemical use
B.Regulation Option 21.No national regulation for flow-through systems2.Rely on BPJ of NPDES permit writer
A.Regulation Option 11.Annual Production <100,000 lbs/yrNo nationally-applicable effluent limitations2.Annual Production >100,000 lbs/yra.Primary settlingb.Solids polishing
c.Development of BMP
d.General reporting for drug and chemical use
B.Regulation Option 21.No national regulation for recirculating systems2.Rely on BPJ of NPDES permit writer
A.Regulation Option 11.Annual Production <100,000 lbs/yra.No nationally-applicable effluent limitationsb.Rely on BPJ of NPDES permit writer
2.Annual Production >100,000 lbs/yra.Active feed monitoring and development of BMPb.Development of BMP for non-conventional and toxic pollutants
B.Regulation Option 21.No national regulation for net pens2.Rely on BPJ of NPDES permit writer
Please note that one option for each of the three subcategories above is to have no nationally applicable regulations, relying instead on the best professional judgment of the NPDES permit writers.A decision on this will be made based on comments received during the open comment period.