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R E G U L A T I O N S S E C T I O N<br />

What does the rule require?<br />

The rule requires that all applicable<br />

facilities do the following:<br />

• Prevent discharge<br />

of drugs and pesticides<br />

that have<br />

been spilled and<br />

minimize discharges<br />

of excess feed.<br />

• Regularly maintain<br />

production and<br />

wastewater treatment<br />

systems.<br />

• Keep records on numbers and weights of animals,<br />

amounts of feed, and frequency of<br />

cleaning, inspections, maintenance, and repairs.<br />

• Train staff to prevent and respond to spills<br />

and to properly operate and maintain production<br />

and wastewater treatment systems.<br />

• Report the use of experimental animal drugs<br />

or drugs that are not used in accordance<br />

with label requirements.<br />

• Report failure of or damage to a containment<br />

system.<br />

• Develop, maintain, and certify a best management<br />

practice plan that describes how<br />

the facility will meet the requirements.<br />

The rule requires flow through and recirculating<br />

discharge facilities to minimize the discharge<br />

of solids such as uneaten feed, settled<br />

solids, and animal carcasses.<br />

The rule requires open water system facilities<br />

to do the following:<br />

• Use active feed monitoring and management<br />

strategies to allow only the least possible uneaten<br />

feed to accumulate beneath the nets.<br />

• Properly dispose of feed bags, packaging<br />

materials, waste rope, and netting.<br />

• Limit as much as possible wastewater discharges<br />

resulting from the transport or harvest<br />

of the animals.<br />

• Prevent the discharge of dead animals in the<br />

wastewater.<br />

How can I get copies of the rule or<br />

additional information?<br />

For a copy of the final rule, contact the Office<br />

of Water Resource center at (202) 566-<br />

1729 or center.water-resource@epa.gov. You<br />

can also write or call the <strong>National</strong> Service <strong>Center</strong><br />

for <strong>Environmental</strong> Publications (NSCEP),<br />

U.S. EPA/NSCEP, P.O. Box 42419, Cincinnati,<br />

Ohio 45242-2419, (800) 490-9198, www.epa.<br />

gov/ncepihom/. Electronic copies of the preamble,<br />

rule, and major supporting documents<br />

are available at www.epa.gov/guide/aquaculture<br />

or in E-Docket at www.epa.gov/edocket/.<br />

Once in the E-Docket system, select<br />

“search,” then key in the docket identification<br />

number (OW-2002-0026). For additional information,<br />

contact Ms. Marta Jordan at (202)<br />

566-1049 or jordan.marta@epa.gov.<br />

Small Flows Quarterly, Fall 2004, Volume 5, Number 4<br />

New Rule to Protect Nation’s Beaches<br />

As part of the Clean Beaches<br />

Plan, the U.S. <strong>Environmental</strong> Protection<br />

Agency (EPA) has issued a proposed<br />

regulation to improve standards<br />

for water quality monitoring at<br />

our nation’s beaches. EPA acted to<br />

ensure that more protective healthbased<br />

standards are in place in all<br />

states and territories bordering Great<br />

Lakes or ocean waters.<br />

“We are working as partners with<br />

the states and territories to promote<br />

scientifically strong, defensible standards<br />

for coastal and Great Lakes<br />

recreational waters,” said EPA Acting<br />

Assistant Administrator Ben Grumbles.<br />

“States have made good<br />

progress over the last several<br />

months. We expect this to continue,<br />

but in the meantime, we are ensuring<br />

that the public is protected by<br />

having federal standards in place.”<br />

Of the 35 states and territories<br />

that have coastal or Great Lakes<br />

recreational waters, ten have already<br />

adopted EPA’s recommended criteria<br />

for all their coastal recreational waters,<br />

and 17 states are in the process<br />

of adopting these criteria. Other<br />

states have adopted the criteria for<br />

portions of their waters, while a small<br />

number have yet to take action. EPA<br />

will exclude from the final federal<br />

regulation any state or territory that<br />

adopts these more protective healthbased<br />

criteria. The proposal has a 30-<br />

day comment period, and EPA will<br />

issue a final standard in early fall.<br />

The Beaches <strong>Environmental</strong> Assessment<br />

and Coastal Health (BEACH) Act<br />

of 2000 required coastal states and<br />

states bordering the Great Lakes to<br />

adopt EPA’s most current bacteria criteria<br />

by April 10, 2004 to better protect<br />

beach goers from harmful<br />

pathogens. The Act requires EPA to<br />

propose federal standards for the<br />

state’s coastal or Great Lakes waters<br />

for states that have failed to meet the<br />

deadline. Specifically, for these states,<br />

EPA is proposing E. coli and enterococci<br />

criteria for their coastal recreational<br />

waters. These bacteria do not directly<br />

cause illness, but are good indicators<br />

of harmful pathogens in waterbodies.<br />

The Administration’s Clean<br />

Beaches Plan includes grant funding<br />

to all BEACH Act states and territories<br />

to ensure continued monitoring<br />

of the nation’s beaches and public<br />

notification of beach closures and<br />

advisories. These funds are designed<br />

to ensure the protection of public<br />

health and to improve information<br />

on the quality of waters at the nation’s<br />

beaches. EPA estimates that<br />

Americans take a total of 910 million<br />

trips to coastal areas each year and<br />

spend about $44 billion at those<br />

beach locations.<br />

Information about the beach criteria<br />

proposal, a list of states and<br />

their status as of July 1, 2004, and<br />

the EPA’s Clean Beaches Plan is available<br />

at: www.epa.gov/beaches/.<br />

16

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