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Corrected Florida Administrative Code 62-302.540: Water Quality Standards for 

Phosphorus Within the Everglades Protection Area.

(April 26, 2011)

(1) Purpose and Scope.

(a) The purpose of this rule is to implement the requirements of the Everglades Forever Act by 

utilizing the powers and duties granted the Department under the Act and other applicable 

provisions of Chapter 373 and 403, F.S., to establish water quality standards for phosphorus, 

including a numeric phosphorus criterion, within the EPA.

(b) The water quality standards adopted by this rule include all of the following elements:

1. A numerical interpretation of the Class III narrative nutrient criterion for

phosphorus; and

2. Establishment of moderating provisions for permits authorizing discharges into the 

EPA in compliance with water quality standards, including the numeric phosphorus 

criterion; and

3. A method for determining achievement of the numeric phosphorus

criterion, which takes into consideration spatial and temporal variability, natural 

background conditions and confidence in laboratory results.

(2) Findings.

(a) The Legislature, in adopting the Everglades Forever Act, recognized that the EPA must be 

restored both in terms of water quantity and water quality.

(b) Best Management Practices (BMPs) have reduced phosphorus loads from the Everglades 

Agricultural Area to the EPA by more than twice the amount required by existing rules. 

Stormwater Treatment Areas (STAs) have reduced phosphorus concentrations to less than the 

goal of 50 ppb established in the Everglades Forever Act.

(c) While a significant percentage of the EPA currently meets the numeric phosphorus criterion, 

further efforts are required to achieve the criterion in the remaining impacted areas of the EPA.

(d) Even as water quality continues to improve, restoration will be a long-term process because 

of historic phosphorus accumulations found in sediments within impacted areas. This phosphorus 

can diffuse back into the water column, a phenomenon the Department recognizes as reflux.

(e) The Basin-Specific Feasibility Studies completed by the District considered environmental 

factors, implementation cost, scheduling, and technical factors in evaluating measures to reduce 

phosphorus levels entering the EPA. These studies and other information provided to the 

Commission show that:

1. At this time, chemical treatment technology is not cost-effective for treating discharges 

entering the EPA and poses the potential for adverse environmental effects.

2. Optimization of the existing STAs, in combination with BMPs, is currently the most 

cost-effective and environmentally preferable means to achieve further phosphorus 

reductions to the EPA, and to restore impacted areas. The effectiveness of such measures 
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should be determined and maximized prior to requiring additional measures. 

Optimization shall take into consideration viable vegetative technologies, including 

Periphyton-based STAs that are found to be cost-effective and environmentally 

acceptable.

(f) The District and the Department recognize that STA and BMP optimization requires a 

sustained commitment to construct, implement, stabilize and measure phosphorus reduction 

benefits.

(g) The Comprehensive Everglades Restoration Plan (CERP) contains projects that will affect 

the flows and phosphorus levels entering the EPA. Achievement of water quality standards for 

water quality projects required under the Everglades Forever Act can be most effectively and 

efficiently attained when integrated with CERP projects.

(h) The Long-Term Plan constitutes a comprehensive program to optimize the STAs and BMPs 

to achieve further phosphorus reductions and thereby accomplish implementation of Best 

Available Phosphorus Reduction Technology (BAPRT).

(i) It is the intent of the Commission that implementation of this rule will fulfill commitments 

made by the State of Florida to restore and maintain water quality in the EPA, while, at the same 

time, fulfill the States obligations under the Settlement Agreement to achieve the long-term 

phosphorus concentration levels and discharge limits established in that Agreement for the 

Loxahatchee National Wildlife Refuge (Refuge) and the Everglades national Park (Park).

(j) Establishment of the numeric phosphorus criterion, based upon analyses conducted primarily 

in freshwater open water slough systems, assumed that preservation of the balance of the native 

flora and fauna in these open water slough systems would protect other communities of native 

vegetation in the EPA. Further research should be conducted in other habitat types to further 

evaluate the natural variability in those habitat types.

(k) The Commission has received substantial testimony regarding mercury and its impact on the 

EPA. The Commission encourages all interested parties to continue research efforts on the 

effects of mercury.

(l) The Commission finds that this rule must incorporate a flexible approach towards the 

application of the numeric phosphorus criterion for phosphorus in order to guide the 

implementation of phosphorus reductions in the Everglades Protection Area. Chapter 403, F.S., 

the Everglades Forever Act and U.S. Environmental Protection Agency regulations set forth at 

40 CFR Part 131 include general policies that authorize such flexibility under appropriate 

circumstances, including those described in subparagraphs (c) through (h) and (k) above. The 

Commission has exercised this authority by including in this rule both a numeric interpretation of 

the phosphorus criterion and the various other standard setting provisions of this rule, including 

the permitting and moderating provisions.

(3) Definitions.

(a) “Best Available Phosphorus Reduction Technology” (BAPRT) shall be as defined by s. 

373.4592(2)(a), F.S. BMPs shall maintain and, where practicable, improve upon the performance 
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of urban and agricultural source controls in reducing overall phosphorus levels. Agricultural 

BMPs within the Everglades Agricultural Area and the C-139 Basin shall be in accordance with 

Rules 40E-61 and 40E-63, F.A.C. STA phosphorus reductions shall be improved through 

implementation of optimization measures as defined by s. 373.4592(2)(l), F.S. BAPRT may 

include measures intended to reduce phosphorus levels in discharges from a single basin or subbasin, or a program designed to address discharges from multiple basins.

(b) “Long-Term Plan” shall be as defined by Section 373.4592(2)(j), F.S.

(c) The “Everglades Protection Area” or “EPA” shall mean Water Conservation Areas 1 

(Refuge), 2A, 2B, 3A and 3B, and the Everglades National Park.

(d) “Impacted Areas” shall mean areas of the EPA where total phosphorus concentrations in the 

upper 10 centimeters of the soils are greater than 500 mg/kg.

(e) “District” shall mean the South Florida Water Management District.

(f) “Optimization” shall be as defined by Section 373.4592(2)(l), F.S.

(g)“Settlement Agreement” shall mean the Settlement Agreement entered in

Case No. 88-1886-Civ-Hoeveler, United States District Court for the Southern District of 

Florida, as modified by the Omnibus Order entered in the case on April 27, 2001.

(h) “Technology-based effluent limitation” or “TBEL” shall be defined in

Section 373.4592(2)(p), F.S.

(i) “Unimpacted Areas” shall mean those areas which are not “Impacted Areas”.

(4) Phosphorus Criterion.

(a) The numeric phosphorus criterion for Class III waters in the EPA shall be a long-term 

geometric mean of 10 ppb, but shall not be lower than the natural conditions of the EPA, and 

shall take into account spatial and temporal variability. Achievement of the criterion shall be 

determined by the methods in this subsection. Exceedences of the provisions of the subsection 

shall not be considered deviations from the criterion if they are attributable to the full range of 

natural spatial and temporal variability, statistical variability inherent in sampling and testing 

procedures or higher natural background conditions.

(b) Water Bodies.

Achievement of the phosphorus criterion for waters in the EPA shall be determined separately in 

impacted and unimpacted areas in each of the following waterbodies: Water Conservation Areas 

1, 2 and 3, and the Everglades National Park.

(c) Achievement of Criterion in Everglades National Park.

Achievement of the phosphorus criterion in the Park shall be based on the methods as set forth in 

Appendix A of the Settlement Agreement unless the Settlement Agreement is rescinded or 

terminated. If the Settlement Agreement is no longer in force, achievement of the criterion shall 

be determined based on the method provided for the remaining EPA.

For the Park, the Department shall review data from inflows into the park at locations established 

pursuant to Appendix A of the Settlement Agreement and shall determine that compliance is 
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achieved if the Department concludes that phosphorus concentration limits for inflows into the 

Park do not result in a violation of the limits established in Appendix A.

(d) Achievement of the Criterion in WCA-1, WCA-2 and WCA-3.

1. Achievement of the criterion in unimpacted areas in each WCA shall be

determined based upon data from stations that are evenly distributed and located in 

freshwater open water sloughs similar to the areas from which data were obtained to 

derive the phosphorus criterion. Achievement of the criterion shall be determined based 

on data collected monthly from the network of monitoring stations in the unimpacted 

area. The water body will have achieved the criterion if the five year geometric mean 

averaged across all stations is less than or equal to 10 ppb. In order to provide protection 

against imbalances of aquatic flora or fauna, the following provisions must also be met:

a. The annual geometric mean average across all stations is less than or equal to 

10 ppb for three of five years; and

b. The annual geometric mean averaged across all stations is less than or equal to 

11 ppb; and

c. The annual geometric mean at all individual stations is less than or equal to 15 

ppb. Individual station analyses are representative of only that station.

2. Achievement of the criterion shall be determined based on data collected monthly from 

the network of monitoring stations in the impacted area. Impacted Areas of the water 

body will have achieved the criterion if the five year geometric mean averaged across all 

stations is less than or equal to 10 ppb. In order to provide protection against imbalances 

of aquatic flora or fauna, the following provisions must also be met:

a. The annual geometric mean averaged across all stations is less than or equal to 

10 ppb for three of five years; and

b. The annual geometric mean averaged across all stations is less than or equal to 

11 ppb; and

c. The annual geometric mean at all individual stations is less than or equal to 15 

ppb. Individual station analyses are representative of only that station.

If these limits are not met, no action shall be required, provided that the net improvement or 

hydropattern restoration provisions of subsection (6) below are met.

Notwithstanding the definition of Impacted Area in subsection (3), individual stations in the 

network shall be deemed to be unimpacted for purposes of this rule if the five-year geometric 

mean is less than or equal to 10 ppb and the annual geometric mean is less than or equal to 15 

ppb.

(e) Adjustment of Achievement Methods.

The Department shall complete a technical review of the achievement methods set forth in this 

subsection at a minimum of five year intervals and will report to the ERC on changes as needed. 

Data will be collected as necessary at stations that are evenly distributed and representative of 

major natural habitat types to further define the natural spatial and temporal variability and 

natural background of phosphorus concentrations in the EPA. As a part of the review, the 
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Department may propose amendments to the achievement method provisions of this rule to 

include: (1) a hydrologic variability algorithm in a manner similar to the Settlement Agreement; 

and (2) implementing adjustment factors that take into account water body specific variability, 

including the effect of habitat types. The hydrologic variability evaluation shall be based on data 

from at least one climatic drought cycle and data reflecting the average interior stage of the water 

body on the dates of sample collection.

(f) Data Screening. Data from each monitoring station shall be evaluated prior to being used for 

the purposes of determining achievement of the criterion. Data shall be excluded from 

calculations for the purpose of determining achievement of the criterion if such data:

1. Do not comply with the requirements of Chapter 62-160, F.A.C.; or

2. Are excluded through the screening protocol set forth in the Data QualityScreening 

Protocol; or

3. Were collected from sites affected by extreme events such as fire, flood, drought or 

hurricanes, until normal conditions are restored; or

4. Where affected by localized activities caused by temporary human or natural 

disturbances such as airboat traffic, authorized (permitted or exempt) restoration 

activities, alligator holes, or bird rookeries.

5. Were sampled in years where hydrologic conditions (e.g. rainfall amount, water levels 

and water deliveries) were outside the range that occurred during the period (calendar 

years 1978-2001) used to set the phosphorus criterion.

(5) Long-Term Compliance Permit Requirements for Phosphorus Discharges into the EPA.

(a) In addition to meeting all other applicable permitting criteria, an applicant must provide 

reasonable assurance that the discharge will comply with state water quality standards as set 

forth in this section.

(b) Discharges into the EPA shall be deemed in compliance with state water quality standards 

upon a demonstration that:

1. Phosphorus levels in the discharges will be at or below the phosphorus criterion set 

forth in this rule; or

2. Discharges will not cause or contribute to exceedences of the phosphorus criterion in 

the receiving waters, the determination of which will take into account the phosphorus in 

the water column that is due to reflux; or

3. Discharges will comply with moderating provisions as provided in this rule.

(c) Discharges into the Park must not result in a violation of the concentration limits established 

for the Park in Appendix A of the Settlement Agreement as determined through the methodology 

set forth in paragraph (4).

(d) Discharge limits for permits allowing discharges into the EPA shall be based upon TBELs 

established through BAPRT and shall not require water quality based effluent limitations through 
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2016. Such TBELs shall be applied as effluent limitations as defined in Rule 62-302.200(10), 

F.A.C.

(6) Moderating Provisions. The following moderating provisions are established for discharges 

into or within the EPA as a part of state water quality standards applicable to the phosphorus 

criterion set forth in this rule:

(a) Net Improvement in Impacted Areas.

1. Until December 31, 2016, discharges into or within the EPA shall be permitted using 

net improvement as a moderating provision upon a demonstration by the applicant that:

a. The permittee will implement, or cause to be implemented, BAPRT, as defined 

by s. 373.4592(2)(a), F.S., and further provided in this section, which shall 

include a continued research and monitoring program designed to reduce outflow 

concentrations of phosphorus; and

b. The discharge is into or within an impacted area.

2. BAPRT shall use an adaptive management approach based on the best available 

information and data to develop and implement incremental phosphorus reduction 

measures with the goal of achieving the phosphorus criterion. BAPRT shall also include 

projects and strategies to accelerate restoration of natural conditions with regard to 

populations of native flora or fauna.

3. For purposes of this rule, the Long-Term Plan shall constitute BAPRT. The planning 

goal of the Long-Term Plan is to achieve compliance with the criterion set forth in 

subsection (4) of this rule. Implementation of BAPRT will result in net improvement in 

impacted areas of the EPA. The Initial Phase of the Long-Term Plan shall be 

implemented through 2016. Revisions to the Long-Term Plan shall be incorporated 

through an adaptive management approach including a Process Development and 

Engineering component to identify and implement incremental optimization measures for 

further phosphorus reductions.

4. The Department and the District shall propose amendments to the Long-Term Plan as 

science and environmental conditions warrant. The Department shall approve all 

amendments to the Long-Term Plan.

5. As part of the review of permit applications, the Department shall review proposed 

changes to the Long-Term Plan identified through the Process Development and 

Engineering component of the Long-Term Plan to evaluate changes necessary to comply 

with this rule, including the numeric phosphorus criterion. Those changes which the 

department deems necessary to comply with this rule, including the numeric phosphorus 

criterion, shall be included as conditions of the respective permit or permits for the 

structures associated with the particular basin or basins involved. Until December 31, 

2016, such permits shall include technology-based effluent limitations consistent with the 

Long-Term Plan.
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(b) Hydropattern Restoration. Discharges into or within unimpacted areas of the EPA shall be 

permitted for hydropattern restoration purposes upon a demonstration by the applicant that:

1. The discharge will be able to achieve compliance with the requirements of paragraph 

(6)(a)1.a. above;

2. The environmental benefits of establishing the discharge clearly outweigh the potential 

adverse impacts that may result in the event that phosphorus levels in the discharge 

exceed the criterion; and

3. The discharge complies with antidegradation requirements.

(c) Existing Moderating Provisions. Nothing in this rule shall eliminate the availability of 

moderating provisions that may otherwise exist as a matter of law, rule or regulation.