NOTICES
Draft NPDES General Permit for Discharges from Aquatic Animal Production Facilities to High Quality or Exceptional Value Waters (PAG-14)
[42 Pa.B. 2250]
[Saturday, April 21, 2012]The Department of Environmental Protection (Department) is announcing the availability of a draft National Pollutant Discharge Elimination System (NPDES) General Permit for Discharges from Aquatic Animal Production Facilities to High Quality (HQ) and Exceptional Value (EV) Waters (PAG-14).
The Department is required by 3 Pa.C.S. § 4213 (relating to requirements for discharge of water) to develop an NPDES General Permit for aquacultural facilities, including those existing facilities that discharge into HQ and EV waters, where net effluent limitations, monitoring type and frequency of pollutants shall be determined in consultation with the Department of Agriculture and the Aquaculture Advisory Committee. The PAG-14 General Permit was developed for existing discharges to HQ or EV waters.
The PAG-14 General Permit is intended to provide NPDES permit coverage to Concentrated Aquatic Animal Production (CAAP) facilities as defined in 25 Pa. Code § 92a.2 (relating to definitions) and in 40 CFR Part 122, Appendix C (relating to criteria for determining a concentrated aquatic animal production facility (§ 122.24)). Discharges from CAAP facilities must be covered by NPDES permits in accordance with 40 CFR 122.24(a) (relating to concentrated aquatic animal production facilities (applicable to State NPDES programs, see § 123.25)). Other facilities that produce harvestable freshwater, estuarine or marine animals that do not meet the criteria in 40 CFR Part 122, Appendix C (non-CAAP facilities) but discharge pollutants and may be required to obtain permit coverage are also eligible for coverage under the General Permit. All aquatic animal production facilities must meet the minimum eligibility requirements to be considered for coverage under the General Permit.
The draft General Permit includes the following proposed effluent limitations and major requirements: Concentration-based effluent limitations are proposed for 5-day Biochemical Oxygen Demand (BOD-5), Total Suspended Solids (TSS) and Total Nitrogen on a ''net'' basis. This means that facilities will need to monitor influent flows into the facility for these parameters, and deduct the concentrations determined to be present in the influent from the concentrations present in the effluent to determine compliance. In addition, limitations are proposed for pH and Dissolved Oxygen. Monitoring will be required for Flow, Ammonia-Nitrogen and Formaldehyde, if Formaldehyde is used at the facility. No limitations are proposed for these parameters. Facilities covered by the General Permit will need to develop and submit a Best Management Practices (BMP) Plan as part of the Notice of Intent (NOI) to apply for permit coverage. Facilities must report the usage of the drugs and chemicals listed in the NOI or otherwise approved by the Department on a quarterly basis. Facilities must report the impending usage of investigational new animal drugs (INAD) in writing within 7 days of agreeing to participate in a study and orally within 7 days of initiating use of the new drug. INAD usage, as well as extra-label drug usage, must also be reported in writing on a monthly basis. An annual report must be submitted no later than 28 days following the anniversary date of permit coverage to provide information on annual production, status of the BMP Plan, an annual noncompliance summary, waste utilization, inspections and repairs and proposed or completed expansions.
The proposed NOI fee for coverage under this General Permit is $100. The Department anticipates that once coverage under the General Permit is authorized, coverage will continue without the need to submit an NOI for renewal of coverage as long as the PAG-14 General Permit is renewed, unless the Department specifically requires the submission of an NOI in writing.
Opportunity to Comment
A copy of the draft General Permit and related documents will be made available at the Department's web site at www.elibrary.dep.state.pa.us. Select ''Permit and Authorization Packages,'' ''Water Management,'' ''NPDES (National Pollutant Discharge Elimination System),'' ''General Permits'' and ''PAG-14 (Draft).'' Further information and copies of the draft General Permit may be obtained by contacting Sean M. Furjanic, P.E., Department of Environmental Protection, Bureau of Point and Non-Point Source Management, Rachel Carson State Office Building, 11th Floor, P. O. Box 8774, Harrisburg, PA 17105-8774 or sefurjanic@pa.gov.
The Department requests written comments on the draft PAG-14 General Permit (Document Nos. 3800-PM-BPNPSM0077a-h) by May 21, 2012. Comments submitted by facsimile will not be accepted. The Department will accept comments submitted by e-mail. A return name and address must be included in each e-mail transmission. Interested persons may submit written comments, suggestions or objections to Sean M. Furjanic, P.E., Department of Environmental Protection, Bureau of Point and Non-Point Source Management, Rachel Carson State Office Building, 11th Floor, P. O. Box 8774, Harrisburg, PA 17105-8774 or sefurjanic@pa.gov.
Upon issuance of the PAG-14, the Department will publish a notice in the Pennsylvania Bulletin of the availability of the general permit.
MICHAEL L. KRANCER,
Secretary
[Pa.B. Doc. No. 12-742. Filed for public inspection April 20, 2012, 9:00 a.m.]
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