[Code of Federal Regulations]
[Title 40, Volume 21]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR122 App C]

[Page 234]

                   TITLE 40--PROTECTION OF ENVIRONMENT

         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)

PART 122_EPA ADMINISTERED PERMIT PROGRAMS: THE NATIONAL POLLUTANT
DISCHARGE ELIMINATION SYSTEM--Table of Contents

    Subpart D_Transfer, Modification, Revocation and Reissuance, and
                         Termination of Permits

  Appendix C to Part 122--Criteria for Determining a Concentrated
            Aquatic Animal Production Facility (Sec. 122.24)

    A hatchery, fish farm, or other facility is a concentrated aquatic
animal production facility for purposes of Sec. 122.24 if it contains,
grows, or holds aquatic animals in either of the following categories:
    (a) 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:
    (1) Facilities which produce less than 9,090 harvest weight
kilograms (approximately 20,000 pounds) of aquatic animals per year; and
    (2) Facilities which feed less than 2,272 kilograms (approximately
5,000 pounds) of food during the calendar month of maximum feeding.
    (b) 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:
    (1) Closed ponds which discharge only during periods of excess
runoff; or
    (2) Facilities which produce less than 45,454 harvest weight
kilograms (approximately 100,000 pounds) of aquatic animals per year.
    ``Cold water aquatic animals'' include, but are not limited to, the
Salmonidae family of fish; e.g., trout and salmon.
    ``Warm water aquatic animals'' include, but are not limited to, the
Ameiuride, Centrarchidae and Cyprinidae families of fish; e.g.,
respectively, catfish, sunfish and minnows.