Document mBmv737jQ4aEGYdJ7GmkK6eok

RETURN RECEIPT REQUESTED The Honorable Gerald Lewis Chairman Confederated Tribes and Bands of the Yakama Nation 401 Fort Road P.O. Box 151 Toppenish, Washington 98948 Re: RESOLVED AREAS OF NON-COMPLIANCE Klickitat Salmon Hatchery NPDES Permit Number WAG130021 Dear Chairman Lewis: The U.S. Environmental Protection Agency (EPA) appreciates your staff's time and cooperation during the EPA's April 15, 2022, Clean Water Act (CWA) inspection of the Klickitat Salmon Hatchery ("Facility"). The EPA inspected the Facility and reviewed administrative files to assess the Facility's compliance with the requirements of the CWA and the National Pollutant Discharge Elimination System (NPDES) for Federal Aquaculture Facilities and Aquaculture Facilities Located in Indian Country, general permit number WAG130000 ("Permit"). The Klickitat Salmon Hatchery is permitted to discharge under Permit # WAG130021, which became effective on August 1, 2016. The expiration date of the permit was July 31, 2021 and has been administratively extended. The purpose of this letter is to notify you of areas of non-compliance EPA identified following the inspection and file review and the corrective actions the Facility took to resolve those areas of noncompliance. 1. EPA reviewed Discharge Monitoring Report data from the EPA's Integrated Compliance Information System database from November 2018 through September 2023 and identified one effluent limit exceedance shown below. Month Pollutant May 2022 Settleable Solids Reported Limit Unit 1.2 1.0 mg/L Limit Type Daily Maximum EPA reached out to the Facility on September 12, 2023, to inquire about this exceedance. The Facility responded on September 13, 2023, stating the exceedance was caused by the sample including surface water from Pond 25's outfall. Pond 25 is fed by the Klickitat River which can have extended periods, starting in the spring, of high glacial muddy runoff from Mt. Adams ("Pahto", Yakama Nation's mountain name) due to warmer weather and retreating snow line. 2. Part VI.B of the Permit states, in part, "The Permittee must conduct monitoring according to test procedures approved under 40 CFR 136..." 40 CFR Part 136, Table II indicates the preservation temperature of samples to be analyzed for total suspended solids (TSS) is 6C. After review of laboratory chain-of-custody (COC) documents from April 2019 through March 2022, EPA identified three instances of sample preservation temperature above the minimum preservation temperature: May 16, 2019 (7C), November 6, 2020 (7C) and June 15, 2021 (8C). EPA reached out to the Facility on September 12, 2023, to inquire about this sample preservation temperature exceedance. The Facility responded on September 13, 2023, stating the Facility must send samples off on the day they are collected. Samples are packed into a small cooler with ice packs. Transit time is just under two hours from the Klickitat Hatchery to the lab in Union Gap, Washington, which may not be long enough for samples to cool down. The Facility has since ensured samples arrive at proper temperature by using ice in addition to cold packs in the cooler. If you have any questions or concerns, please do not hesitate to contact Vanessa Oquendo, of my staff, at oquendo.vanessa@epa.gov or (206) 553-0201. Sincerely, JEFFERY Digitally signed by JEFFERY KENKNIGHT KENKNIGHT 08:19:33 -08'00' Date: 2023.11.14 Jeff KenKnight, Manager Water Enforcement and Field Branch Enforcement & Compliance Assurance Division cc: Ms. Elizabeth Sanchey Environmental Manager, Yakama Nation Mr. Jason Rau Klickitat Complex Manager, Yakama Nation 2 Mr. Joe Blodgett Yakama/Klickitat Fisheries Project Program Manager, Yakama Nation Mr. Phil Rigdon Department of Natural Resources Superintendent, Yakama Nation Mr. Lucas DuSablon Tribal Liaison, U.S. Environmental Protection Agency, Region 10 3