The following effluent limitations apply to plants and
installations which discharge industrial wastes into waters of the
state.
(1) Effluent Limitations Based
on the Availability of Technology.
(a) Section
301 of Public Law
92-500, the Federal Water Pollution Control Act Amendments of
1972 (FWPCA), as amended, requires all existing point source discharges of
pollutants to meet uniform technology-based effluent limitations as a minimum.
Two levels of effluent limitations are established.
1. The first level is defined as "best
practical control technology currently available" (BPT). FWPCA Section
301(b)(1)(A), 33 U.S.C.A. Section
1311(b)(1)(A). By no later
than July 1, 1977, dischargers were required to apply BPT as defined by
specific effluent limitations issued by the Administrator of the United States
Environmental Protection Agency (EPA) pursuant to Section 304(b)(1).
2. The second level is defined as either
"best available technology economically achievable" (BAT) or "best conventional
pollutant control technology" (BCT). FWPCA Section 301(b)(2)(A) and
301(b)(2)(E) respectively. By March 31, 1989, dischargers of toxic pollutants
as defined in Section 307 of FWPCA were required to apply BAT, as defined by
effluent limitations issued by the Administrator pursuant to FWPCA Section
304(b)(2). Also by March 31, 1989, dischargers of conventional pollutants as
defined in FWPCA Section 303(a)(4) were required to apply BCT as defined by
effluent limitations issued by the Administrator pursuant to FWPCA Section
304(b)(4).
3. BCT is not an
additional effluent limitation for industrial dischargers, but rather it
replaces BAT for the control of conventional pollutants. BAT will remain in
force for all non-conventional and toxic pollutants. Effluent limitations
representing BCT may not be more stringent than BAT. In no case will BCT
limitations be less stringent than BPT.
4. FWPCA Section 306 requires the
Administrator to establish effluent limitations containing performance
standards for new sources. For this purpose, "new sources" are defined as any
source the construction of which commenced after the publication of proposed
regulations prescribing standards for these sources. FWPCA Section 306(a)(2),
33 U.S.C.A. Section
1316(a)(2). After the
effective date of new sources performance standards, it is a violation of the
Federal Water Pollution Control Act to operate any new source in violation of
such standards. FWPCA Section 306(e).
5. FWPCA Section 307(a) requires and
authorizes the Administrator to establish and promulgate effluent limitations
for toxic pollutants, which may include a prohibition of the discharge of such
pollutants or combination of such pollutants. After the effective date of such
effluent standards, it is a violation of the FWPCA to operate any source in
violation of such standard or prohibition.
6. FWPCA Section 307(b) requires and
authorizes the Administrator to establish and promulgate pretreatment standards
for introduction of pollutants into publicly owned sewage treatment facilities
which are not susceptible to treatment by such facilities or which would
interfere with the operation of such treatment works.
(b) The objective of the FWPCA is to restore
and maintain the chemical, physical and biological integrity of the nation's
waters, and the Act established, as a national goal, that the discharge of
pollutants into the navigable waters be eliminated by 1985, Section 101(a),
FWPCA.
(c) The FWPCA preserves to
each state the power to adopt or enforce any effluent standard or limitation
respecting discharge of pollution or control or abatement of pollution which is
stricter or more stringent than the comparable federal effluent limitation or
standard, Section 510, FWPCA.
(d)
Pursuant to the above sections of the FWPCA, the EPA has promulgated and
prescribed effluent guidelines and standards (limitations) for new and existing
point sources which discharge pollutants. Dischargers are required to comply
with these regulations and NPDES permits issued pursuant to Section 402 of the
Act must be conditioned upon requirements of Sections 301 and 306 (as well as
certain other requirements).
(e)
The Department has reviewed and evaluated the EPA effluent guidelines and
standards which have been published as final regulations in the United States
Code of Federal Regulations, and are in full force and effect on the date of
adoption of this section. With respect to each particular class or category of
sources as hereinafter listed, the following EPA Effluent Guidelines and
Standards, as they are contained in the United States Code of Federal
Regulations and are in effect on the date indicated, are incorporated herein,
and adopted by the Department, except where expressly supplemented or modified
by the Environmental Regulation Commission, and are incorporated by reference
as though fully set forth herein:
|
EFFLUENT LIMITATIONS; GUIDELINES AND STANDARDS
|
U.S. CODE OF FEDERAL REGULATIONS
|
|
1. Environmental Protection Agency General Provisions
for Effluent Guidelines and Standards
|
40 C.F.R. 401 (Effective 9-24-93)
|
|
2. Dairy Products
|
40 C.F.R. 405 (Effective 6-29-95)
|
|
3. Canned and Preserved Fruits and Vegetables
|
40 C.F.R. 407 (Effective 6-29-95)
|
|
Citrus Products Subcategory
|
40 C.F.R. 407 Subpart C (Effective 6-29-95)
|
|
4. Canned and Preserved Seafood
|
40 C.F.R. 408 (Effective 6-29-95)
|
|
5. Sugar Processing
|
40 C.F.R. 409 (Effective 6-25-95)
|
|
6. Textiles
|
40 C.F.R. 410 (Effective 9-1-83)
|
|
7. Cement Manufacturing
|
40 C.F.R. 411 (Effective 6-29-95)
|
|
8. Feedlots (See Rule 62-670, F.A.C.)
|
40 C.F.R. 412 (Effective 4-14-03)
|
|
9. Electroplating
|
40 C.F.R. 413 (Effective 11-7-86)
|
|
10. Organic Chemicals, Plastics and Synthetic
Fibers
|
40 C.F.R. 414 (Effective 8-23-93)
|
|
11. Inorganic Chemicals
|
40 C.F.R. 415 (Effective 9-25-84)
|
|
12. Soaps and Detergents
|
40 C.F.R. 417 (Effective 6-29-95)
|
|
13. Fertilizer Manufacturing
|
40 C.F.R. 418 (Effective 3-14-96)
|
|
14. Petroleum Refining
|
40 C.F.R. 419 (Effective 8-12-85)
|
|
15. Iron and Steel Manufacturing
|
40 C.F.R. 420 (Effective 11-18-02)
|
|
16. NonFerrous Metals
|
40 C.F.R. 421 (Effective 5-14-96)
|
|
17. Phosphate Manufacturing
|
40 C.F.R. 422 (Effective 8-22-86)
|
|
18. Steam Electric Power Generating
(See paragraph
62-660.400(1)(q),
F.A.C.)
|
40 C.F.R. 423 (Revised 7-1-16,
http://www.flrules.org/Gateway/reference.asp?No=Ref-07928)
|
|
19. Ferroalloy Manufacturing
|
40 C.F.R. 424 (Effective 6-29-95)
|
|
20. Leather Tanning and Finishing
|
40 C.F.R. 425 (Effective 10-7-96)
|
|
21. Glass Manufacturing
|
40 C.F.R. 426 (Effective 6-29-95)
|
|
22. Asbestos Manufacturing
|
40 C.F.R. 427 (Effective 6-29-95)
|
|
23. Rubber Processing
|
40 C.F.R. 428 (Effective 6-29-95)
|
|
24. Timber Products
|
40 C.F.R. 429 (Effective 2-17-82)
|
|
25. Pulp, Paper and Paperboard
|
40 C.F.R. 430 (Effective 10-21-02)
|
|
26. Meat Products
|
40 C.F.R. 432 (Effective 6-29-95)
|
|
27. Metal Finishing
|
40 C.F.R. 433 (Effective 11-7-86)
|
|
28. Coal Mining
|
40 C.F.R. 434 (Effective 2-22-02)
|
|
29. Offshore Oil and Gas Extraction
|
40 C.F.R. 435 (Effective 6-20-01)
|
|
30. Mineral Mining and Processing (See Rule 62-671,
F.A.C.)
|
40 C.F.R. 436 (Effective 6-29-95)
|
|
31. Centralized Waste Treatment
|
40 C.F.R. 437 (Effective 1-22-01)
|
|
32. Metal Products and Machinery Point Source
Category
|
40 C.F.R. 438 (Effective 6-12-03)
|
|
33. Pharmaceutical Manufacturing
|
40 C.F.R. 439 (Effective 6-11-03)
|
|
34. Ore Mining and Dressing
|
40 C.F.R. 440 (Effective 1-3-89)
|
|
35. Transportation Equipment Cleaning
|
40 C.F.R. 442 (Effective 9-13-00)
|
|
36. Paving and Roofing Materials
|
40 C.F.R. 443 (Effective 6-29-95)
|
|
37. Hazardous Waste Combustors
|
40 C.F.R. 444 (Effective 11-22-00)
|
|
38. Landfills Point Source Category
|
40 C.F.R. 445 (Effective 2-18-00)
|
|
39. Paint Formulating
|
40 C.F.R. 446 (Effective 6-29-95)
|
|
40. Ink Formulating
|
40 C.F.R. 447 (Effective 6-29-95)
|
|
41. Gum and Wood Chemicals Manufacturing
|
40 C.F.R. 454 (Effective 6-29-95)
|
|
42. Pesticide Chemicals Manufacturing
|
40 C.F.R. 455 (Effective 10-20-98)
|
|
43. Explosives Manufacturing
|
40 C.F.R. 457 (Effective 6-29-95)
|
|
44. Carbon Black Manufacturing
|
40 C.F.R. 458 (Effective 6-29-95)
|
|
45. Photographic Processing
|
40 C.F.R. 459 (Effective 7-14-76)
|
|
46. Hospitals
|
40 C.F.R. 460 (Effective 6-29-95)
|
|
47. Battery Manufacturing Point Source
Category
|
40 C.F.R. 461 (Effective 10-14-86)
|
|
48. Plastics Molding and Forming
|
40 C.F.R. 463 (Effective 4-30-85)
|
|
49. Metal Molding and Casting
|
40 C.F.R. 464 (Effective 6-16-86)
|
|
50. Coil Coating
|
40 C.F.R. 465 (Effective 1-31-85)
|
|
51. Porcelain Enameling
|
40 C.F.R. 466 (Effective 9-6-85)
|
|
52. Aluminum Forming
|
40 C.F.R. 467 (Effective 2-9-89)
|
|
53. Copper Forming
|
40 C.F.R. 468 (Effective 6-20-86)
|
|
54. Electrical and Electronic Components
|
40 C.F.R. 469 (Effective 1-31-85)
|
|
55. NonFerrous Metals Forming and Metal
Powders
|
40 C.F.R. 471 (Effective 4-4-89)
|
(f)
Copies of the above effluent limitations as published in the United States Code
of Federal Regulations may be obtained by writing the United States
Environmental Protection Agency, Washington, D.C.
(g) All Department permits issued pursuant to
Sections
403.087 and
403.088, F.S., shall, as a
minimum, require compliance with the above referenced effluent limitations. In
establishing the effluent limitations contained in paragraph
62-660.400(1)(e),
F.A.C., which define best practical control technology currently available
(BPT), best conventional pollutant control technology (BCT), and best available
technology economically achievable (BAT), the United States EPA relied on the
industry-wide information with respect to specific factors.
(h) In determining BPT, the following factors
were considered:
1. Total costs of application
of technology in relation to the effluent reduction benefits to be achieved
from such application.
2. The age
of equipment and facilities involved.
3. The process involved.
4. The engineering aspects of the application
of various types of control techniques.
5. Process changes.
6. Non-water quality environmental impact
(including energy requirements).
7.
Such other factors as the Administrator deemed appropriate.
(i) The following factors were considered in
determining BAT:
1. Age of equipment and
facilities involved.
2. Process
employed.
3. The engineering
aspects of the application of various types of control techniques.
4. Process changes.
5. The cost of achieving such effluent
reduction.
6. Non-water quality
environmental impact (including energy requirements).
7. Such other factors as the Administrator of
the EPA deemed appropriate.
(j) The following factors were considered in
determining BCT:
1. Consideration of the
reasonableness of the relationship between the costs of attaining a reduction
in effluents and the effluent reduction benefits derived.
2. A comparison of the cost and level of
reduction of such pollutants from the discharge from publicly owned treatment
works to the cost and level of reduction of such pollutants from a class or
category of industrial sources.
3.
Age of equipment and facilities involved.
4. Process employed.
5. The engineering aspects of the application
of various types of control techniques.
6. Process changes.
7. The cost of achieving such effluent
reduction.
8. Non-water quality
environmental impact (including energy requirements).
9. Such other factors as the Administrator of
the EPA deemed appropriate.
(k) It is possible that the above factors
pertaining to a particular source or category of sources located within the
state are fundamentally different from the industrywide factors considered by
the EPA in establishing the limitations. If, based on a preponderance of
competent substantial evidence, the Department determines that such
fundamentally different factors exist in relation to a particular source, it
may establish for such source, by order or permit condition, and after notice
and public hearing, an effluent limitation which is more or less stringent than
the EPA effluent limitation, to the extent dictated by such fundamentally
different factors. In no case shall a Department permit contain an effluent
limitation less stringent than one contained in an NPDES permit issued to a
source by the EPA.
(l) All
industrial sources which are included in those classes or categories of
industry listed in paragraph
62-660.400(1)(e),
F.A.C., shall comply with the applicable guidelines, standards and limitations
in accordance with the time schedules contained therein. However, no source
shall be relieved from complying with any pollution abatement plan or schedule,
including a plant or process modification which is contained in any currently
valid Department permit, or order or judicial judgment. However, this does not
preclude modification of a Department permit, order, or judicial judgment in
accordance with applicable rules and regulations.
(m) The effluent guidelines, standards, and
limitations contained in paragraph
62-660.400(1)(e),
F.A.C., represent minimum levels of treatment based upon available technology,
and are not based on the quality of the waters which receive the industrial
waste discharges. In accordance with Section 301(b)(1)(C) of the FWPCA, Section
403.088, F.S., and Chapter
62-650, F.A.C., more stringent effluent limitations may be required and applied
by Department permits issued pursuant to Sections
403.087 and
403.088, F.S., in order to meet
any applicable water quality standards.
(n) Minimum Treatment Requirements.
1. All sources of industrial waste reasonably
expected to be sources of water pollution which are not contained in the
classes or categories of sources contained in paragraph
62-660.400(1)(e),
F.A.C., shall, as a minimum level of treatment, provide secondary waste
treatment as required by Section
403.085, F.S. Such secondary
treatment shall be applied against the total untreated waste produced by a
given plant. For the purposes of this rule, "secondary treatment" shall be
equivalent to "secondary treatment, " as defined in subsection
62-600.420(1),
F.A.C., and applicable to domestic waste (sewage) plants. A comparable degree
of treatment for industrial waste not amenable to biological treatment will be
determined and applied through the issuance of Department permits.
2. The minimum treatment requirement is
unrelated to the quality of the water in the receiving water body. Under
Chapter 62-650, F.A.C., more stringent limitations may be required and applied
in order to meet and comply with any applicable water quality
standards.
(o)
Notwithstanding technology based effluent limitations contained in this
section, industrial wastes discharged into ground waters shall receive
treatment needed to comply with water quality standards contained in Chapter
62-520, F.A.C.
(p) All sources of
industrial waste reasonably expected to be sources of pollution to Class G-II
or G-IV waters, which are not contained in the classes or categories of sources
contained in paragraph
62-660.400(1)(e),
F.A.C., above, shall provide a minimum level of treatment such that the waste
to be discharged does not affect the mechanical integrity of the well, does not
jeopardize the integrity of the confining zone, and does not alter the
hydrologic characteristics of the injection zone to the point of endangering
underground sources of drinking water. The Department shall determine the level
of pre-treatment required to maintain the water quality standards contained in
Chapter 62-520, F.A.C., and to ensure that the operation is in compliance with
the underground injection control requirements contained in Chapter 62-28,
F.A.C. The pre-treatment level shall be set forth in the permit in accordance
with Chapter 62-4, F.A.C.
(q)
Discharges from steam electric generating plants existing or licensed by July
1, 1984, shall not be required to be treated to a greater extent than may be
necessary to assure:
1. That the quality of
nonthermal components of discharges from nonrecirculated cooling water systems
is as high as the quality of the make-up waters, or
2. That the quality of nonthermal components
of discharges from recirculated cooling water systems is no lower than is
allowed for blowdown from such systems, or
3. That the quality of noncooling system
discharges which receive make-up water from a receiving body of water that does
not meet applicable Department water quality standards is as high as the
quality of the receiving body of water.
(2) Effluent Limitations Based on Water
Quality Considerations.
(a) Pursuant to
Section
403.061(11),
F.S., and as required by the Federal Water Quality Act of 1965, Public Law
89-234, 79 Stat.
903, and Section 303 of the FWPCA, the Department has adopted
water quality standards contained in Chapter 62-3, F.A.C., which have
subsequently been approved by the EPA. The standards contain water quality
criteria which are applicable to each classification of receiving waters.
Section
403.088(2)(b),
F.S., requires the Department to deny an application for a permit if it finds
that the proposed discharge will reduce the quality of the receiving waters
below the classification established for them.
(b) Section 301(b)(1)(C) and Section 302 of
the FWPCA provide that all discharges of industrial wastes may be required to
meet, in addition to technology based effluent limitations, more stringent
limitations required to implement applicable state water quality standards
established pursuant to the Act. This requirement is enforced and implemented
through Section 309 and the National Pollutant Discharge Elimination System
established by Section 402 of the Act.
(c) Pursuant to Sections
403.087 and
403.088, F.S., no wastes shall
be discharged into waters of the state which will violate applicable state
water quality standards or reduce the quality of the receiving waters below the
criteria established for its respective classification contained in Chapter
62-3, F.A.C.
(d) The effluent
limitations based on water quality standards shall be determined in accordance
with Chapter 62-650, F.A.C., by application of accepted scientific methods
based upon a consideration of the following:
1. The condition of the receiving body of
water including present and future flow conditions and present and future
sources of pollutants.
2. The
nature, volume and frequency of the proposed discharge of waste including any
possible synergistic effects with other pollutants which may be present in the
receiving body of water.
