62-660.400 Effluent Limitations.
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 Section 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; U.S. CODE OF FEDERAL
GUIDELINES AND STANDARDS REGULATIONS
1. Environmental Protection Agency 40 CFR 401 (Effective 9-24-93)
General Provisions for Effluent
Guidelines and Standards
2. Dairy Products 40 CFR 405 (Effective 6-29-95)
3. Canned and Preserved Fruits 40 CFR 407 (Effective 6-29-95)
Citrus Products Subcategory 40 CFR 407 Subpart C
4. Canned and Preserved Seafood 40 CFR 408 (Effective 6-29-95)
5. Sugar Processing 40 CFR 409 (Effective 6-29-95)
6. Textiles 40 CFR 410 (Effective 9-1-83)
7. Cement Manufacturing 40 CFR 411 (Effective 6-29-95)
8. Feedlots 40 CFR 412 (Effective 4-14-03)
(See Rule 62-670, F.A.C.)
9. Electroplating 40 CFR 413 (Effective 11-7-86)
10. Organic Chemicals, Plastics 40 CFR 414 (Effective 8-23-93)
and Synthetic Fibers
11. Inorganic Chemicals 40 CFR 415 (Effective 9-25-84)
12. Soaps and Detergents 40 CFR 417 (Effective 6-29-95)
13. Fertilizer Manufacturing 40 CFR 418 (Effective 3-14-96)
14. Petroleum Refining 40 CFR 419 (Effective 8-12-85)
15. Iron and Steel Manufacturing 40 CFR 420 (Effective 11-18-02)
16. NonFerrous Metals 40 CFR 421 (Effective 5-14-96)
17. Phosphate Manufacturing 40 CFR 422 (Effective 8-22-86)
18. Steam Electric Power 40 CFR 423 (Effective 7-8-83)
(See Rule 62-660.400(q), F.A.C.)
19. Ferroalloy Manufacturing 40 CFR 424 (Effective 6-29-95)
20. Leather Tanning and Finishing 40 CFR 425 (Effective 10-7-96)
21. Glass Manufacturing 40 CFR 426 (Effective 6-29-95)
22. Asbestos Manufacturing 40 CFR 427 (Effective 6-29-95)
23. Rubber Processing 40 CFR 428 (Effective 6-29-95)
24. Timber Products 40 CFR 429 (Effective 2-17-82)
25. Pulp, Paper and Paperboard 40 CFR 430 (Effective 10-21-02)
26. Meat Products 40 CFR 432 (Effective 6-29-95)
27. Metal Finishing 40 CFR 433 (Effective 11-7-86)
28. Coal Mining 40 CFR 434 (Effective 2-22-02)
29. Offshore Oil and Gas Extraction 40 CFR 435 (Effective 6-20-01)
30. Mineral Mining and Processing 40 CFR 436 (Effective 6-29-95)
(See Rule 62-671, F.A.C.)
31. Centralized Waste Treatment 40 CFR 437 (Effective 1-22-01)
32. Metal Products and Machinery 40 CFR 438 (Effective 6-12-03)
Point Source Category
33. Pharmaceutical Manufacturing 40 CFR 439 (Effective 6-11-03)
34. Ore Mining and Dressing 40 CFR 440 (Effective 1-3-89)
35. Transportation Equipment Cleaning 40 CFR 442 (Effective 9-13-00)
36. Paving and Roofing Materials 40 CFR 443 (Effective 6-29-95)
37. Hazardous Waste Combustors 40 CFR 444 (Effective 11-22-00)
38. Landfills Point Source Category 40 CFR 445 (Effective 2-18-00)
39. Paint Formulating 40 CFR 446 (Effective 6-29-95)
40. Ink Formulating 40 CFR 447 (Effective 6-29-95)
41. Gum and Wood Chemicals 40 CFR 454 (Effective 9-29-95)
42. Pesticide Chemicals 40 CFR 455 (Effective 10-20-98)
43. Explosives Manufacturing 40 CFR 457 (Effective 6-29-95)
44. Carbon Black Manufacturing 40 CFR 458 (Effective 6-29-95)
45. Photographic Processing 40 CFR 459 (Effective 7-14-76)
46. Hospitals 40 CFR 460 (Effective 6-29-95)
47. Battery Manufacturing Point 40 CFR 461 (Effective 10-14-86)
48. Plastics Molding and Forming 40 CFR 463 (Effective 4-30-85)
49. Metal Molding and Casting 40 CFR 464 (Effective 6-16-86)
50. Coil Coating 40 CFR 465 (Effective 1-31-85)
51. Porcelain Enameling 40 CFR 466 (Effective 9-6-85)
52. Aluminum Forming 40 CFR 467 (Effective 2-9-85)
53. Copper Forming 40 CFR 468 (Effective 6-20-86)
54. Electrical and Electronic Components 40 CFR 469 (Effective 1-31-85)
51. NonFerrous Metals Forming and 40 CFR 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, Florida Statutes, shall, as a minimum, require compliance with the above referenced effluent limitations. In establishing the effluent limitations contained in Rule 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 industry wide 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 Rule 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 Rule 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, Florida Statutes and Chapter 62-650, F.A.C., more stringent effluent limitations may be required and applied by Department permits issued pursuant to Section 403.087 and 403.088, Florida Statutes, 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 Rule 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, Florida Statutes. 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 Rule 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 Rule 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), Florida Statutes, 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), Florida Statutes, 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 Section 403.087 and Section 403.088, Florida Statutes, 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.
Specific Authority 403.051, 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805, FS. Law Implemented 403.021, 403.051, 403.061, 403.086, 403.087, 403.088, 403.091, 403.101, 403.121, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, FS. History - New 11-27-89, Amended 4-2-90, 1-2-91, 4-22-93, Formerly 17-660.400, Amended 10-1-98, 12-2-03.