Aquaculture NPDES Permitting
The NPDES program has specific regulations that apply to discharges from animal aquaculture, as follows:
- A Concentrated Aquatic Animal Production Facilities (CAAP) (40 CFR Part 122.24) - A "hatchery, fish farm, or other facility” which is designated by EPA (40 CFR 122.25) that satisfies the following criteria (40 CFR Part 122 Appendix C).
- Facilities raising cold water fish species or other cold water aquatic animals in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include:
- Facilities which produce less than 9.090 harvest weight kilograms (20,000 pounds) of aquatic animals per year; and
- Facilities which feed less than 2,272 kilograms (5,000 pounds) of food during the calendar month of maximum feeding.
- Warm water fish species or other warm water aquatic animals in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include:
- Closed ponds which discharge only during periods of excess runoff; or
- Facilities which produce less than 45,454 harvest weight kilograms (100,000 pounds) of aquatic animals per year.
- Facilities raising cold water fish species or other cold water aquatic animals in ponds, raceways, or other similar structures which discharge at least 30 days per year, but does not include:
- An aquatic animal production facility that has been designated as a CAAP by the permitting authority on a case-by-case basis, upon determining that it is a significant contributor of pollution to waters of the United States (40 CFR Part 122.24(c)).
Effluent guidelines have been developed for CAAP facilities producing 100,000 pounds or more of aquatic animals per year.
- Concentrated Aquatic Animal Production Point Source Category (40 CFR Part 451).
Non-CAAP Aquaculture
A fish farm, hatchery or other aquatic animal production facility producing less than 100,000 pounds/year of warm water animals or 20,000 pounds/year of cold water animals, or an aquatic plant production operation may or may not need an NPDES permit. Any facility, regardless of whether it is a CAAP facility, that has a point source discharge of pollutants to waters of the U.S. is required to have NPDES coverage. Contact EPA or State NPDES permitting authority to determine if your facility requires a permit.
Additional Permitting Resources
- Guide to the Permit Application Process for Offshore Aquaculture in U.S. Federal Waters of the Gulf of Mexico, including NPDES permitting – If you plan to establish an offshore aquaculture operation in the Gulf of Mexico, also see additional information on the NOAA Fisheries Gulf Aquaculture website.
- Effluent Guidelines for Concentrated Aquatic Animal Production (CAAP) - Effluent guidelines have been developed for CAAP facilities producing 100,000 pounds or more of aquatic animals per year (40 CFR Part 451).
- Compliance Guide for the Concentrated Aquatic Animal Production Point Source Category – Guidance developed to support the CAAP Effluent Guideline.
- Water Sampling and Testing for Formaldehyde at Northwest Fish Hatcheries - This report, prepared by EPA Region 10 and the Washington State Department of Ecology, provides data on the concentrations of formaldehyde being discharged from hatcheries after applications of formalin, which is used by the hatcheries to control external parasites on hatchery fish and their eggs.
- CWA Section 403: Procedural and Monitoring Guidance – Section 403 of the Clean Water Act requires assessments to ensure that no NPDES permit is issued that will cause unreasonable degradation of the marine environment. This document provides a framework for those assessments, as well as guidance for identifying the type and level of monitoring that should be required as part of a permit issued under the “no irreparable harm” provisions.