Whole Oceans LLC and the DEP RAS mercury explanation

Mercury in landbased aquaculture.

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" The Report lists all of Maine’s fresh waters as, “Category 4-A: Waters Impaired by Atmospheric Deposition of Mercury.” Impairment in this context refers to a statewide fish consumption advisory due to elevated levels of mercury in some fish tissues.

The Report states, “All freshwaters are listed in Category 4A (Total Maximum Daily Load (TMDL) Completed) due to the USEPA approval of a Regional Mercury TMDL.

Maine has a fish consumption advisory for fish taken from all freshwaters due to mercury. Many waters and many fish from any given water do not exceed the action level for mercury.

However, because it is impossible for someone consuming a fish to know whether the mercury level exceeds the action level, the Maine Department of Health and Human Services decided to establish a statewide advisory for all freshwater fish that recommends limits on consumption. Maine has already instituted statewide programs for removal and reduction of mercury sources.”

Pursuant to 38 M.R.S. § 420(1-B)(B), “a facility is not in violation of the ambient criteria for mercury if the facility is in compliance with an interim discharge limit established by the Department pursuant to 38 M.R.S §  413 subsection 11.”  (scroll down to 11) 

However, pursuant to Interim Effluent Limitations and Controls for the Discharge of Mercury, 06-096 CMR 519, the Department has made a best professional judgment determination to exempt fish hatcheries from applicability of the mercury rule.

The Department has made a best professional judgment determination based on information gathered to date, that as permitted, the discharge will not cause or contribute the failure of the receiving water to meet the standards of its ascribed classification and the designated uses of the waterbody will continue to be maintained and protected.

If future modeling or ambient water quality monitoring determines the discharge is causing or contributing to the nonattainment, this permit will be re-opened per Special Condition N, Reopening of The License For Modifications, to impose more stringent limitations to meet water quality standards.