to each of the Regional Administrators for the area which he administers.

(b) The delegation of authority at 40 CFR 125.5 as relating to section 308(&) and (b) of the Act shall be applicable to this part.

(c) The regulations in this part do not apply to those aquaculture facilities such as fish hatcheries, fish farms and similar projects which do not utilize discharges of wastes from a separate industrial or municipal point source for the maintenance, propagation and/or productin of harvestable freshwater, marine or estuarine organisms. Such projects are regulated under Title IV of the Act.

(d) The regulations pertain only to those projects which are located in navigable waters and into which there is a discharge of pollutants as defined in section 502 of the Act.

Subpart B-Processing of Permits

$ 115.5 General provisions.

(a) The decision whether to issue a permit authorizing a discharge or what conditions should be placed on any such permit shall be based upon an evaluation of how such discharge will meet applicable requirements under the Act and this part.

(b) The expected impact of a proposed discharge or the present impact of an existing discharge, in connection with an aquaculture project on the quality and uses of the receiving body of water, also shall be considered. The objections of any State or interstate agency whose waters may be affected by the discharge shall be duly considered when making any permit decision, whereas pursuant to 8 115.9 of this subpart State certification of discharges from the designated project area is provided for.

$ 115.3 Approval of discharges to aquacul

ture projects. (a) The Regional Administrator shall grant a permit authorizing a discharge if he determines that:

(1) Such discharge is associated with an aquaculture project, and

(2) The discharge and the aquaculture project meet the requirements of the Act and of this part.

(b) The granting of a permit for a discharge pursuant to this part will mean that the aquaculture project with which the discharge is associated is an approved aquaculture project within the meaning of section 318(a) of the Act.

(c) All discharges of pollutants or combinations of pollutants from all point sources into the navigable waters, the waters of the contiguous zone or the ocean are unlawful and subject to the penalties provided by the Act, unless the discharger:

(1) Has a permit issued pursuant to this part, Part 125 of this chapter, or by a State which has an approved National Pollutant Discharge Elimination System program pursuant to part 124 of this chapter, or

(2) Is specifically relieved by law or regulation from the obligation of obtaining a permit.

$ 115.6 Application for a permit.

(a) An application for a permit shall be prepared in accordance with the application form prescribed therefor by the Administrator as in effect on the date of filing of the application.

(b) An applicant for a permit may secure the required application forms from the Regional Administrator. The original and six copies of the application forms must be filed with the Regional Administrator of the EPA Region which includes the State in which the aquaculture project is operating or will operate.

(c) An application submitted by a corporation must be signed by a principal executive officer of at least the level of vice president, or his duly authorized representative, if such representative is responsible for the overall operation of the facility from which the discharge described in the application form originates, or the aquaculture project. In the case of a partnership or a sole proprietorship, the ap

$ 115.4 Delegation of authority.

(a) The authority to issue and condition permits, to deny applications for permits, or to revoke permits for discharges pursuant to this part and section 318 of the Act is hereby delegated

(j) An application for a permit shall include, at a minimum, the identification of the kind and quantity of pollutants to be used in the aquaculture project.

§ 115.7 Access to facilities and further information during evaluation of the application.

Permit application forms are designed to fit the normal situation for most aquaculture projects in the United States. In many cases, however, further information and site visits may be necessary in order to evaluate the project completely and accurately. When the Regional Administrator determines that either further information or a site visit is necessary in order for the Environmental Protection Agency to evaluate the aquaculture project, he shall so notify the applicant setting forth a date, which is no later than 60 days from the date of notification by which arrangements must be made for receipt of the requested information and/or scheduling of the site visit. In the event that a satisfactory response is not received, the permit may be denied and the applicant so notified.

§ 115.8 Distribution of application and permit.

(a) When an application for a permit is received, the Regional Administrator shall determine if the applicant has provided all of the information required by the application form and by this part.

(b) In order to ensure that the Secretary of the Army, acting through the Chief of Engineers, has adequate time to evaluate the impact of the proposed discharge on anchorage and navigation, the Regional Administrator will forward to the District Engineer in the appropriate district one copy of the application form immediately upon its receipt in the Regional Office in completed form. Accompanying the application will be notice that the District Engineer has a stated number of days to evaluate the impact of granting such permit upon anchorage and navigation and to advise the Regional Administrator of his evaluation. District Engineers of the Corps

of Engineers will normally be given thirty days for such evaluation. Where the Regional Administrator finds that less time should be allowed, he shall so advise the District Engineer of such lesser period of time and specify his reasons. Failure of the District Engi. neer to answer within the allotted period of time will be deemed to be a statement that the District Engineer does not choose to comment on the application. Where the District Engineer advises the Regional Administrator that anchorage and navigation of any of the navigable waters would be substantially impaired by the granting of a permit, such permit will be denied and the applicant shall be so notified. Where the District Engineer advises the Regional Administrator that the imposition of specified conditions upon the permit is necessary to avoid any substantial impairment of any of the navigable waters, the Regional Administrator shall include in the permit the conditions so specified by the District Engineer. Where the District Engineer notifies the Regional Administrator that additional time is needed for his evaluation, such additional time shall be granted where the Regional Administrator determines that the public interest warrants the extension of time to comment.

(c) Complete copies of all applications for discharge of pollutants in association with an aquaculture project filed with the Environmental Protection Agency subsequent to final promulgation of these regulations shall be furnished to the Department of Interior, Department of Commerce, Department of Health, Education, and Welfare, and the Food and Drug Administration for comment, provided that these agencies may waive their right to receive any such applications. The Regional Administrator shall meet with appropriate officials of the Department of Interior and Department of Commerce, Department of Health, Education and Welfare, and the Food and Drug Administration in order to reach agreement as to which existing application forms those agencies are to receive. When an application is transmitted to these agencies, the Regional Administrator shall

notify the agencies that they have a stated number of days in which to evaluate the impact of granting such permit upon the fish, shellfish, wildlife resources or food resources of the State in which the discharge will occur, and to advise the Regional Administrator of such evaluations. The normal period of time for such evaluation will be 60 days. Failure of such agencies to advise the Regional Administrator of their evaluation within the allotted period of time will be deemed to be a statement that the agencies do not choose to comment on the application. Where the agencies advise the Regional Administrator that the imposition of specfied conditions upon the permit is necessary to avoid substantial impairment of fish, shellfish, wildlife resources or food resources, the Regional Administrator may include in the permit the conditions specified by the agencies. Where such agencies request additional time for evaluation, such additional time will be granted where the Regional Administrator determines that the public interest warrants the extension of time to comment.

(d) Upon receipt of an application from a Federal agency or instrumentality, the Regional Administrator shall make one copy of the application form available to the State water pollution control agency for the State in which the aquaculture project will operate. The State may comment on whether a permit for such aquaculture project shall be granted or if any conditions should be applied to any permit that might be issued. The State shall indicate conditions it believes are necessary in order that the aquaculture project will comply with sections 301, 302, 306 and 307 of the Act. Such comments shall be received within thirty days from receipt of the application form unless the Regional Administrator allows additional time.

(e) The Regional Administrator shall assist applicants for permits in coordinating the requirements of the Act and this part with those of appropriate public health agencies.

(f) If a permit is issued, a copy of the permit and, if not previously transmitted, a copy of the application form

shall be transmitted to the State in which the discharge is located. Copies of these documents shall be available for inspection and reproduction by the public in the appropriate Regional Office of the Environmental Protection Agency.

plication form to the State water pollution control agency for the State in which the aquaculture project operates or will operate. The Regional Administrator shall advise the State agency that the State must:

(1) Certify that the aquaculture project will comply with the applicable provisions of sections 301, 302, 306, and 307; or

§ 115.9 State certification.

(a) No permit shall be granted until a State certification has been obtained, or has been waived, that discharges from the designated project area would meet the requirements of sections 301, 302, 306 and 307 as if the designated project area were a point source. Pursuant to State certification required by this subsection a statement indicating that the project will be in compliance with State regulations on wildlife and on the introduction or management of wildlife or other biological material is required. A waiver occurs when the certifying agency fails or refuses to act on a request for certification within a reasonable period of time (which shall not exceed one year) after receipt of such request. Three months shall generally be considered to be a reasonable period of time. If, however, special circumstances require that action on a permit application be taken within a more limited period of time, the Regional Administrator may specify a lesser period of time which he determines to be reasonable. He shall then advise the certifying agency of the need for action by a particular date, and that if certification is not received by the date established, it will be considered that the requirement for certification has been waived. Similarly, if it appears that circumstances may reasonably require a period of time longer than three months, the Regional Administrator may afford the certifying agency up to one year to provide the required certification before determining that a waiver has occurred. Where such extension of time is made at the request of the certifying agency, the request must be in writing and must include the reasons for the request.

(b) Upon receipt of an application which does not include a State certification, the Regional Administrator will make available one copy of the ap

(2) Certify that there are no applicable limitations under sections 301, 302, 306 and 307; or

(3) Deny such certification; or (4) Waive its right to certify.

The Regional Administrator shall specify a reasonable period of time within which such certification or denial must be received or a waiver will be deemed to have occurred.

Subpart C-Criteria, Terms and Conditions of Permits

§ 115.10 Criteria for issuance of permits. (a) No permit shall be issued unless: (1) The Regional Administrator determines that the aquaculture project: (i) Is intended by the project operator to produce a crop which has commercial value or will be used as food or otherwise in the development of a harvestable crop in the designated project area having commercial value (or is intended to be operated for research into possible production of such a crop); and

(ii) Does not occupy a designated project area which is larger than can be economically operated for the crop under cultivation;

(2) The applicant has demonstrated, to the satisfaction of the Regional Administrator, that the use of the pollutant to be discharged to the acquaculture project will result in an increased harvest of the organisms under culture over what would naturally occur in the area;

(3) The applicant has demonstrated to the satisfaction of the Regional Administrator that, if the species to be cultivated in the aquaculture project is not indigenous to the immediate geographical area, there will be minimal deleterious effects on the flora and fauna which are indigenous to the