Florida Administrative Code › 62 - DEPARTMENT OF ENVIRONMENTAL PROTECTION › 62 - Departmental › Chapter 62-650 - WATER QUALITY BASED EFFLUENT LIMITATIONS › Section 62-650.500 - WQBEL Level II Process

Current through Reg. 50, No. 138; July 16, 2024
(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.