Fla. Admin. Code Ann. R. 62-650.500 - WQBEL Level II Process
Current through Reg. 47, No. 249; December 28, 2021
(1) The WQBEL
Level II Process is a means of determining the available assimilative capacity
of a water body and setting WQBELs utilizing appropriate procedures for
simulation and prediction of water quality impacts which may include computer
modeling and other scientific methodology. Computer models utilized include
those approved and supported by the Department or the U.S. Environmental
Protection Agency and which have the capability to predict impacts from
stormwater contributions. These models include appropriate margins of safety,
as referred to in the definition of loading capacity, to account for unknowns
in water quality sampling and modeling.
(2) The WQBEL Level II Process is utilized to
determine new discharge permit limits and to evaluate permit renewals when
existing water quality data is insufficient to evaluate expected water quality
impacts or when the available assimilative capacity of the water body is being
completely utilized, or might reasonably be expected to be completely utilized
by the discharge, either by itself, or in combination with other discharges to
the receiving water body.
(3) When
a WQBEL Level II Process is determined to be necessary, the analysis shall
consider and determine WQBELs for the permit applicant and all affected
discharger(s) to the receiving body of water.
(4) WQBELs established via this process are
established for parameters for which water quality standards have been adopted
as determined in subsection 62-650.100(2), F.A.C. For permitting purposes, the
WQBELs determined by the WQBEL Level II Process will be considered valid for a
period of five years, and may be entered by the Department in a permit or by
separate final order. Further, these WQBELs may be determined with seasonal or
other variations, if appropriate.
(5) When a WQBEL is to be determined by the
Level II Process, the applicant shall coordinate with the Department to
determine the information required, accepted methods of data collection and
analysis, and quality control/quality assurance requirements. The ensuing plan
of study shall be approved in writing by the Department and shall be binding
upon the Department and the applicant. During the course of the study, the plan
of study may be amended by written agreement between the Department and the
applicant. The applicant shall coordinate with the Department during the study
and shall present the study results to the Department. Failure to comply with
the plan of study may result in the Department's rejection of some or all of
the data. The analyses may include mathematical water quality computer modeling
or other evaluation procedures approved by the Department that are necessary
for the Department to develop WQBELs. Prior to conducting such analyses, the
applicant shall coordinate with the Department to determine the analyses
required, accepted methods of analyses including any computer models to be
used, and quality control/quality assurance requirements, all of which shall be
incorporated in the plan of study.
(a) The
Department shall provide the information on ambient water quality and the
analysis of information necessary for establishing WQBELs for renewal of
operation permits for existing dischargers under the following condition:
1. When there are two or more existing
dischargers on the receiving body of water whose zones of impact are expected
to overlap, the Department will conduct the initial data collection and
analysis necessary to determine WQBELs for all affected discharges. For
subsequent renewals of their operation permits, each of these dischargers whose
design discharge capacity is 1 MGD or greater will be responsible for data
collection and analysis necessary for the Department to establish WQBELs. The
Department will provide data collection and analysis for the renewal of
operation permits for each of these dischargers whose design discharge is less
than 1 MGD. The timing of such studies and analysis, when done by the
Department, will be based on the availability of Department resources. Nothing
in this paragraph shall preclude the Department from requiring water quality
monitoring as a condition of an operation permit for any discharge.
2. Nothing shall prevent a permit applicant
from conducting the required data collection or analysis in accordance with the
procedures in this section.
(b) When the receiving water body does not
meet water quality standards set forth in Chapter 62-3, F.A.C., the plan of
study may include collection and analysis of data necessary to evaluate an
application for a variance or other relief provision under department rules or
statutes. The inclusion of such data does not imply that such relief will be
granted by the Department.
(6) The Department or applicant, prior to
initiating a water quality study or analysis as part of the Level II process,
shall publish a Notice of Proposed Water Quality Study.
(a) The notice shall be published in a
newspaper of general circulation in the area in which the study will take place
and in the Florida Administrative Weekly. The notice shall be published one
time only, no less than 14 days prior to the date the study is proposed to
commence and shall state the location of the receiving water or segment thereof
under study, the name(s) of the known affected discharger(s) into the receiving
water, the location of the Department's file, and when it is available for
public inspection. An opportunity to review the proposed plan of study will be
provided on request.
(b) A copy of
the notice shall be provided by the Department by mail to each known affected
discharger. Such notice shall be mailed at least 19 days prior to the date the
study is proposed to commence. Failure to notify any affected discharger shall
not be grounds for challenging the validity of the plans of study or analysis
or the WQBELs established as a result of such study or analysis.
(c) In response to comments received
pertaining to the plan of study prior to the proposed commencement date, the
Department or applicant, by mutual agreement, may revise the plan of study if
necessary. Upon approval by the Department of any revisions to the plan of
study, the applicant shall conduct the study for purposes of establishing
WQBELs for each affected discharger.
(d) Although the Department may allow for
informal dispute resolution during the study period, the study is free-form
agency decision making and does not constitute proposed agency action until
notice of such is given pursuant to subsection 62-650.500(8), F.A.C.
(7) Upon completion of the Level
II data collection and analysis process, a final technical report shall be
prepared by the Department. The document shall list or describe all appropriate
information and data used by the Department in determining the WQBEL including
a description of the project site and limits of the receiving body of water,
background information, permitting status of the discharger(s), the water
quality parameters considered, the water quality data evaluated, the procedures
used to determine the WQBEL, and other appropriate information as set forth in
the plan of study. A copy of the report shall be a part of the permit
file.
(8) After the Department has
reviewed the WQBEL technical report and evaluated other factors as indicated
above, the district office shall issue a notice of proposed agency action
pursuant to Rule 62-103.150, F.A.C., and provide notice to the affected
dischargers, and any other parties substantially affected by the WQBEL
technical report. This notice shall set forth those WQBELs that have been
established by the Level II process and may include any conditions or
monitoring requirements to be imposed on the affected discharge(s). The notice
shall include a statement indicating the date by which compliance with the
requirements of the notice must be achieved. Compliance with WQBELs as set
forth in the letter of notice may be required:
(a) For Existing Dischargers:
1. Within 90 days of final agency action when
public health impacts or serious adverse environmental impacts are occurring
with the present discharge (modification of the existing permit pursuant to
Rule 62-4.080, F.A.C., may be initiated depending upon the severity of the
impact), or
2. Within a period of
time defined in a compliance schedule based on a consideration of the current
or potential environmental and public health impacts of the discharge or other
permitting factors, or
3. At the
time of the next operating permit renewal.
(b) For Proposed Dischargers: At the time of
the issuance of a construction permit for a new discharger.
(9) The Department shall issue a
final order, which may be a permit, setting forth the effluent limits and
permitting requirements and the required date of compliance with the specified
requirements. The requirements thereof shall be final and binding for a period
of five years except as provided for in subsection 62-650.500(10), F.A.C.,
below. All permits issued during that time shall be in conformity with the
order establishing the WQBELs. Other permit provisions shall be established at
the time a permit is issued.
(10)
The Department may modify the WQBELs that are established by this process under
the same circumstances and by the same procedures as are specified for permit
modifications under Rules
62-4.080
and subsection
62-4.242(2),
F.A.C.
Notes
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