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Environmental Protection Agency Monday, August 23, 2004 Part II Environmental Protection Agency 40 CFR Part 451 Effluent Limitations Guidelines and New Source Performance Standards for the Concentrated Aquatic Animal Production Point Source Category; Final Rule VerDate jul<14>2003 14:39 Aug 20, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\23AUR2.SGM 23AUR2 51892 Federal Register / Vol. 69, No. 162 / Monday, August 23, 2004 / Rules and Regulations ENVIRONMENTAL PROTECTION and standards for wastewater discharges i.e., confidential business information or AGENCY from new and existing concentrated other information whose disclosure is aquatic animal production facilities that restricted by statute. Certain other 40 CFR Part 451 discharge directly to U.S. waters. EPA material, such as copyrighted material, [OW–2002–0026; FRL–7783–6] estimates that compliance with this is not placed on the Internet and will be regulation will affect 242 facilities. The publicly available only in hard copy RIN 2040–AD55 rule is projected to reduce the discharge form. Publicly available docket of total suspended solids by about 0.5 materials are available either Effluent Limitations Guidelines and million pounds per year and reduce the electronically in EDOCKET or in hard New Source Performance Standards discharge of biochemical oxygen copy at the Water docket in the EPA for the Concentrated Aquatic Animal demand (BOD) and nutrients by about Docket Center (EPA/DC) EPA West, Production Point Source Category 0.3 million pounds per year. The Room B102, 1301 Constitution Ave., AGENCY: Environmental Protection estimated annual cost for commercial NW., Washington, DC. The EPA Docket Agency. facilities is $0.3 million. The estimated Center Public Reading Room is open ACTION: Final rule. annual cost to Federal and State from 8:30 a.m. to 4:30 p.m., Monday hatcheries is $1.1 million. EPA through Friday, excluding legal SUMMARY: Today’s final rule establishes estimates that the annual monetized holidays. The telephone number for the Clean Water Act effluent limitations environmental benefits of the rule will Public Reading Room is (202) 566–1744, guidelines and new source performance be in the range of $66,000 to $99,000. and the telephone number for the Water standards for concentrated aquatic Docket is (202) 566–2426. animal production facilities. The DATES: This regulation is effective animals produced range from species September 22, 2004. For judicial review FOR FURTHER INFORMATION CONTACT: For produced for human consumption as purposes, this final rule is promulgated additional information contact Marta food to species raised to stock streams as of 1 p.m. (Eastern time) on September Jordan at (202) 566–1049. 7, 2004 as provided at 40 CFR 23.2. for fishing. The animals are raised in a SUPPLEMENTARY INFORMATION: variety of production systems. The ADDRESSES: EPA has established a production of aquatic animals docket for this action under Docket ID I. General Information contributes pollutants such as No. OW–2002–0026. All documents in A. Does This Action Apply To Me? suspended solids, biochemical oxygen the docket are listed in the EDOCKET demand, and nutrients to the aquatic index at http://www.epa.gov/edocket. Entities that directly discharge to environment. The regulation establishes Although not listed in the index, some waters of the U.S. potentially regulated technology-based narrative limitations information is not publicly available, by this action include: Examples of regulated enti- Examples of regulated enti- Category ties and SIC Codes ties and NAICS codes Facilities engaged in concentrated aquatic animal production, which may include the 0273—Animal Aquaculture. 112511—Finfish Farming following sectors: Commercial (for profit) and Non-commercial (public) facilities. 0921—Fish Hatcheries and and Fish Hatcheries. Preserves. 112519—Other Animal Aquaculture. This table is not intended to be this action, any public comments electronically through the EPA Internet exhaustive, but rather provides a guide received, and other information related under the ‘‘Federal Register’’ listings at for readers regarding entities likely to be to this action. Although a part of the http://www.epa.gov/fedrgstr/. regulated by this action. This table lists official docket, the public docket does An electronic version of the public the types of entities that EPA is now not include Confidential Business docket is available through EPA’s aware could potentially be regulated by Information (CBI) or other information electronic public docket and comment this action. Other types of entities not whose disclosure is restricted by statute. system, EPA Dockets. You may use EPA listed in the table could also be The official public docket is the Dockets at http://www.epa.gov/edocket/ regulated. To determine whether your collection of materials that is available to view public comments, access the facility is regulated by this action, you for public viewing at the Water Docket index listing of the contents of the should carefully examine the in the EPA Docket Center (EPA/DC), applicability criteria listed at 40 CFR EPA West, Room B102, 1301 official public docket, and to access part 451 of today’s rule. If you have Constitution Ave., NW., Washington, those documents in the public docket questions regarding the applicability of DC. The EPA Docket Center Public that are available electronically. Once in this action to a particular entity, consult Reading Room is open from 8:30 a.m. to the system, select ‘‘search,’’ then key in the person listed for information in the 4:30 p.m., Monday through Friday, the appropriate docket identification preceding FOR FURTHER INFORMATION excluding legal holidays. The telephone number. Although not all docket CONTACT section. number for the Public Reading Room is materials may be available (202) 566–1744, and the telephone electronically, you may still access any B. How Can I Get Copies of This number for the Water Docket is (202) of the publicly available docket Document and Other Related 566–2426. Every user is entitled to copy materials through the docket facility Information? 266 pages per day before incurring a identified in section B.1. 1. Docket. EPA has established an charge. The Docket may charge 15 cents C. What Other Information Is Available official public docket for this action a page for each page over the page limit To Support This Final Rule? under Docket ID No. OW–2002–0026. plus an administrative fee of $25.00. The official public docket consists of the 2. Electronic Access. You may access The major documents supporting the documents specifically referenced in this Federal Register document final regulations are the following: VerDate jul<14>2003 14:39 Aug 20, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\23AUR2.SGM 23AUR2 Federal Register / Vol. 69, No. 162 / Monday, August 23, 2004 / Rules and Regulations 51893 • ‘‘Technical Development Document for the best conventional pollutant control F. Economic Impacts the Final Effluent Limitations Guidelines and technology (BCT), and the best available G. Loadings New Source Performance Standards for the technology economically achievable H. Environmental Assessment and Benefits Concentrated Aquatic Animal Production (BAT) as soon as their National Analysis Point Source Category’’ [EPA–821–R–04–012] VII. Who Is Subject to This Rule? referred to in the preamble as the Technical Pollutant Discharge Elimination System A. Who Is Subject to This Rule? Development Document (TDD). The TDD (NPDES) permits include such B. What if a facility uses more than one presents the technical information that limitations. Generally, this occurs when production system? formed the basis for EPA’s decisions in existing permits are reissued. New C. What Wastewater Discharges Are today’s final rule. The TDD describes, among direct discharging sources must obtain Covered? other things, the data collection activities, the an NPDES permit for the discharge and VIII. What Are the Requirements of the Final wastewater treatment technology options comply with applicable new source Rule and the Basis for These considered by the Agency as the basis for performance standards (NSPS) on the Requirements? effluent limitations guidelines and standards, A. What Technology Options Did EPA the pollutants found in wastewaters from date the new sources begin discharging. Consider for the Final Rule? concentrated aquatic animal production For purposes of NSPS, a source is a new B. What Are the Requirements for the facilities, the estimates of pollutant removals source if it commences construction Flow-Through and Recirculating associated with certain pollutant control after September 22, 2004. Systems Subcategory? options, and the cost estimates related to C. What Are the Requirements for the Net reducing the pollutants with those F. How Does EPA Protect Confidential Pen Subcategory? technology options. Business Information (CBI)? D. What Monitoring Does the Final Rule • ‘‘Economic and Environmental Benefit Certain information and data in the Require? Analysis of the Final Effluent Limitations record supporting the final rule have E. What Are the Final Rule’s Notification, Guidelines and Standards for the been claimed as CBI and, therefore, EPA Recordkeeping, and Reporting Concentrated Aquatic Animal Production Requirements? Point Source Category [EPA–821–R–04–013] has not included these materials in the IX. What Are the Costs and Economic referred to in this preamble as the Economic record that is available to the public in Impacts Associated With This Rule? and Environmental Benefit Analysis or the Water Docket. Further, the Agency A. Compliance Costs EEBA. This document presents the has withheld from disclosure some data B. Economic Impacts methodology used to assess economic not claimed as CBI because release of C. What Do the Cost-Reasonableness impacts, environmental impacts and benefits this information could indirectly reveal Analyses Show? of the final rule. The document also provides information claimed to be confidential. X. What Are the Environmental Benefits for the results of the analyses conducted to To support the rulemaking while This Rule? estimate the projected impacts and benefits.
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