PART 451—CONCENTRATED AQUATIC ANIMAL PRODUCTION POINT SOURCE CATEGORY Authority: 7 U.S.C. 135 et seq., et seq., et seq., Source: 69 FR 51927, Aug. 23, 2004, unless otherwise noted. § 451.1 General applicability. As defined more specifically in each subpart, this part applies to discharges from concentrated aquatic animal production facilities as defined at 40 CFR 122.24 and appendix C of 40 CFR part 122. This part applies to the discharges of pollutants from facilities that produce 100,000 pounds or more of aquatic animals per year in a flow-through, recirculating, net pen or submerged cage system. § 451.2 General definitions. As used in this part: (a) The general definitions and abbreviations in 40 CFR part 401 apply. (b) Approved dosage (c) Aquatic animal containment system (d) Concentrated aquatic animal production facility (e) Drug (f) Extralabel drug use (g) Flow-through system (h) Investigational new animal drug (INAD) (i) New animal drug application (j) Net pen system (k) Permitting authority (l) Pesticide (m) Real-time feed monitoring (n) Recirculating system § 451.3 General reporting requirements. (a) Drugs. (1) The permittee must provide a written report to the permitting authority of an INAD's impending use within 7 days of agreeing or signing up to participate in an INAD study. The written report must identify the INAD to be used, method of use, the dosage, and the disease or condition the INAD is intended to treat. (2) For INADs and extralabel drug uses, the permittee must provide an oral report to the permitting authority as soon as possible, preferably in advance of use, but no later than 7 days after initiating use of that drug. The oral report must identify the drugs used, method of application, and the reason for using that drug. (3) For INADs and extralabel drug uses, the permittee must provide a written report to the permitting authority within 30 days after initiating use of that drug. The written report must identify the drug used and include: the reason for treatment, date(s) and time(s) of the addition (including duration), method of application; and the amount added. (b) Failure in, or damage to, the structure of an aquatic animal containment system resulting in an unanticipated material discharge of pollutants to waters of the U.S. In accordance with the following procedures, any permittee subject to this part must notify the permitting authority when there is a reportable failure. (1) The permitting authority may specify in the permit what constitutes reportable damage and/or a material discharge of pollutants, based on a consideration of production system type, sensitivity of the receiving waters and other relevant factors. (2) The permittee must provide an oral report within 24 hours of discovery of any reportable failure or damage that results in a material discharge of pollutants, describing the cause of the failure or damage in the containment system and identifying materials that have been released to the environment as a result of this failure. (3) The permittee must provide a written report within 7 days of discovery of the failure or damage documenting the cause, the estimated time elapsed until the failure or damage was repaired, an estimate of the material released as a result of the failure or damage, and steps being taken to prevent a reccurrence. (c) In the event a spill of drugs, pesticides or feed occurs that results in a discharge to waters of the U.S., the permittee must provide an oral report of the spill to the permitting authority within 24 hours of its occurrence and a written report within 7 days. The report shall include the identity and quantity of the material spilled. (d) Best management practices (BMP) plan. (1) Develop and maintain a plan on site describing how the permittee will achieve the requirements of § 451.11(a) through (e) or § 451.21(a) through (h), as applicable. (2) Make the plan available to the permitting authority upon request. (3) The permittee subject to this part must certify in writing to the permitting authority that a BMP plan has been developed. Subpart A—Flow-Through and Recirculating Systems Subcategory § 451.10 Applicability. This subpart applies to the discharge of pollutants from a concentrated aquatic animal production facility that produces 100,000 pounds or more per year of aquatic animals in a flow-through or recirculating system. § 451.11 Effluent limitations attainable by the application of the best practicable control technology currently available (BPT). Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must meet the following requirements, expressed as practices (or any modification to these requirements as determined by the permitting authority based on its exercise of its best professional judgment) representing the application of BPT: (a) Solids control. (1) Employ efficient feed management and feeding strategies that limit feed input to the minimum amount reasonably necessary to achieve production goals and sustain targeted rates of aquatic animal growth in order to minimize potential discharges of uneaten feed and waste products to waters of the U.S. (2) In order to minimize the discharge of accumulated solids from settling ponds and basins and production systems, identify and implement procedures for routine cleaning of rearing units and off-line settling basins, and procedures to minimize any discharge of accumulated solids during the inventorying, grading and harvesting aquatic animals in the production system. (3) Remove and dispose of aquatic animal mortalities properly on a regular basis to prevent discharge to waters of the U.S., except in cases where the permitting authority authorizes such discharge in order to benefit the aquatic environment. (b) Materials storage. (1) Ensure proper storage of drugs, pesticides, and feed in a manner designed to prevent spills that may result in the discharge of drugs, pesticides or feed to waters of the U.S. (2) Implement procedures for properly containing, cleaning, and disposing of any spilled material. (c) Structural maintenance. (1) Inspect the production system and the wastewater treatment system on a routine basis in order to identify and promptly repair any damage. (2) Conduct regular maintenance of the production system and the wastewater treatment system in order to ensure that they are properly functioning. (d) Recordkeeping. (1) In order to calculate representative feed conversion ratios, maintain records for aquatic animal rearing units documenting the feed amounts and estimates of the numbers and weight of aquatic animals. (2) Keep records documenting the frequency of cleaning, inspections, maintenance and repairs. (e) Training. (1) In order to ensure the proper clean-up and disposal of spilled material adequately train all relevant facility personnel in spill prevention and how to respond in the event of a spill. (2) Train staff on the proper operation and cleaning of production and wastewater treatment systems including training in feeding procedures and proper use of equipment. § 451.12 Effluent limitations attainable by the application of the best available technology economically achievable (BAT). Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must meet the following requirements representing the application of BAT: The limitations are the same as the corresponding limitations specified in § 451.11. § 451.13 Effluent limitations attainable by the application of the best conventional technology (BCT). Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must meet the following requirements representing the application of BCT: The limitations are the same as the corresponding limitations specified in § 451.11. § 451.14 New source performance standards (NSPS). Any point source subject to this subpart that is a new source must meet the following requirements: The standards are the same as the corresponding limitations specified in § 451.11. Subpart B—Net Pen Subcategory § 451.20 Applicability. This subpart applies to the discharge of pollutants from a concentrated aquatic animal production facility that produces 100,000 pounds or more per year of aquatic animals in net pen or submerged cage systems, except for net pen facilities rearing native species released after a growing period of no longer than 4 months to supplement commercial and sport fisheries. § 451.21 Effluent limitations attainable by the application of the best practicable control technology currently available (BPT). Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must meet the following requirements, expressed as practices (or any modification to these requirements as determined by the permitting authority based on its exercise of its best professional judgment) representing the application of BPT: (a) Feed management. (b) Waste collection and disposal. (c) Transport or harvest discharge. (d) Carcass removal. (e) Materials storage. (2) Implement procedures for properly containing, cleaning, and disposing of any spilled material. (f) Maintenance. (2) Conduct regular maintenance of the production system in order to ensure that it is properly functioning. (g) Recordkeeping. (2) Keep records of the net changes, inspections and repairs. (h) Training. (1) In order to ensure the proper clean-up and disposal of spilled material adequately train all relevant facility personnel in spill prevention and how to respond in the event of a spill. (2) Train staff on the proper operation and cleaning of production systems including training in feeding procedures and proper use of equipment. § 451.22 Effluent limitations attainable by the application of the best available technology economically achievable (BAT). Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BAT: The limitations are the same as the limitations specified in § 451.21. § 451.23 Effluent limitations attainable by the application of the best conventional technology (BCT). Except as provided in 40 CFR 125.30 through 125.32, any existing point source subject to this subpart must achieve the following effluent limitations representing the application of BCT: The limitations are the same as the limitations specified in § 451.21. § 451.24 New source performance standards (NSPS). Any point source subject to this subpart that is a new source must meet the following requirements: The standard is the same as the limitations specified in § 451.21.