When should Category 5 include waters covered by fish consumption advisories?
EPA generally believes that fish and shellfish consumption advisories and certain shellfish growing area classifications based on segment specific information demonstrates impairment of CWA Section 101(a) “fishable” uses. This applies to fish and shellfish consumption advisories and certain shellfish area classifications for all pollutants that constitute potential risks to human health. For purposes of determining whether a segment is impaired by a pollutant and should be included in Category 5, EPA considers a fish consumption advisory or shellfish consumption advisory, a National Shellfish Sanitation Program (NSSP) Classification, and the supporting data to be existing and readily available data and information that demonstrate non-attainment of a Section 101(a) “fishable” use when: • the advisory is based on fish and shellfish tissue data, • a lower than “Approved” NSSP classification is based on water column and/or shellfish data (and this is not a precautionary “Prohibited” Class
