Guidelines for Establishing Specific Permit Conditions

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-620.620: Guidelines for Establishing Specific Permit Conditions

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 33 No. 51, December 21, 2007 issue of the Florida Administrative Weekly.

62-620.620 Guidelines for Establishing Specific Permit Conditions.

(1) through (2) No change.

(3)(a) through (f) No change.

(g)1. Monitoring Frequency.  “Routine” toxicity tests are whole effluent toxicity tests conducted at regularly scheduled intervals once every three months unless otherwise specified in the facility’s permit or by operation of paragraph 62-620.620(3)(l), F.A.C.

2.a. No change.

b. Test species, procedures, and quality assurance criteria shall be in accordance with Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, 3rd ed., October 2002, EPA-821-R-02-014, incorporated herein by reference; or Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th ed., October 2002, EPA-821-R-02-013, incorporated herein by reference.

c. The permittee shall conduct 7-day chronic toxicity tests for survival and growth with the mysid shrimp, Americamysis (Mysidopsis) bahia, EPA Method #1007.0 and the inland silverside, Menidia beryllina, EPA Method #1006.0, concurrently, if the effluent salinity is 1.0 part per thousand or greater measured as conductivity and the discharge is to predominantly marine waters, as defined in Rule 62-302.200, F.A.C. EPA Methods #1007.0 and #1006.0 are located in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Marine and Estuarine Organisms, 3rd ed., October 2002, EPA-821-R-02-014, incorporated by reference in sub-subparagraph 62-620.620(3)(g)2.b., F.A.C.

d. The permittee shall conduct 7-day chronic toxicity tests for survival and reproduction with the daphnid, Ceriodaphnia dubia, EPA Method #1002.0, and for survival and growth with the fathead minnow, Pimephales promelas, EPA Method #1000.0, concurrently, if the effluent salinity is less than 1.0 part per thousand measured as conductivity or when the discharge is to predominantly fresh waters, as defined in Rule 62-302.200, F.A.C. EPA Methods #1002.0 and #1000.0 are located in Short-term Methods for Estimating the Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms, 4th ed., October 2002, EPA-821-R-02-013, incorporated by reference in sub-subparagraph 62-620.620(3)(g)2.b., F.A.C.

e. through f. No change.

g. For freshwater species, the control water and dilution water used shall be moderately hard water as described in EPA-821-R-02-013, Section 7.  For saltwater species, the control/dilution water and dilution water used shall be artificial seawater adjusted diluted to the test salinity as described in EPA-821-R-02-014, Section 7.2 or hypersaline brine adjusted to the test salinity as described in EPA-821-R-02-014, Section 7.3.5.  For whole effluent toxicity tests using saltwater species and a dilution series starting with the 100% effluent, only artificial sea salts shall be used to adjust the salinity of the effluent and control/dilution water.  The test salinity shall be determined as follows:

(I) For the A. bahia bioassays, the effluent shall be adjusted to a salinity of 20 parts per thousand for the 100% effluent test using artificial sea salts as described in EPA-821-R-02-014, Section 7.2. The salinity of the control/dilution water (0% effluent) shall be 20 parts per thousand.  When the salinity of the effluent is greater than 20 parts per thousand, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity.  For facilities granted a chronic toxicity mixing zone, if the effluent salinity at the edge of the mixing zone as described in sub-subparagraph 62-620.620(3)(g)2.f, F.A.C., is greater than 20 parts per thousand, the salinity of the effluent and the control/dilution water (0% effluent) may be adjusted to match the minimum salinity of the effluent at the edge of the mixing zone, but shall not exceed the salinity range of the method.

(II) For the M. beryllina bioassays, when the salinity of the effluent is between 1 and 5 parts per thousand, the effluent shall be adjusted to a salinity of 5 parts per thousand using artificial sea salts as described in EPA-821-R-02-014, Section 7.2. When the salinity of the effluent is greater than 5 parts per thousand, no salinity adjustment shall be made to the effluent and the test shall be run at the effluent salinity. The salinity of the control/dilution water (0% effluent) shall be 5 parts per thousand.  For facilities granted a chronic toxicity mixing zone, if the effluent salinity at the edge of the mixing zone as described in sub-subparagraph 62-620.620(3)(g)2.f, F.A.C., is greater than 5 parts per thousand, the salinity of the effluent and control/dilution water (0% effluent) may be adjusted to match the minimum salinity of the effluent at the edge of the mixing zone, but shall not exceed the salinity range of the method.

h. No change.

i. If a chronic definitive test is invalid as established in EPA methods EPA-821-R-02-013 and EPA-821-R-01-014, a retest must be started within 21 14 days after the last day of the invalid chronic definitive test.

1. No change.

2.a. No change.

b. Test species, procedures, and quality assurance criteria shall be in accordance with Methods for Measuring the Acute Toxicity of Effluents and Receiving Waters to Freshwater and Marine Organisms, 5th ed., October 2002, EPA-821-R-02-012, incorporated herein by reference.

c. through e. No change.

f. For freshwater species, the control water and dilution water used shall be moderately hard water as described in EPA-821-R-02-012, Table 7. For saltwater species, the control/dilution water and dilution water used shall be artificial seawater adjusted diluted to the test salinity as described in EPA-821-R-02-012, Section 7.2.4 or hypersaline brine adjusted to the test salinity as described in EPA-821-R-02-012, Section 7.3.7. For whole effluent toxicity tests using saltwater species and a dilution series starting with the 100% effluent, only artificial sea salts shall be used to adjust the salinity of the effluent and control/dilution water.  The test salinity shall be determined as follows:

(I) When the salinity of the effluent is between 1 and 7 parts per thousand, the following salinity adjustment shall be used.  For the A. bahia bioassays, the effluent shall be adjusted to a salinity of  7 parts per thousand for the 100% effluent test using artificial sea salts. The control/dilution water shall be adjusted to 7 parts per thousand.  No salinity adjustment shall be made for the M. beryllina bioassay test. The salinity of the control/dilution water (0% effluent) shall be adjusted to match the salinity of the effluent.

(II) No change.

g. through h. No change.

(i)1. through 3. No change.

4. through a. No change.

b. The plan shall be reviewed and approved by the Department before initiation. The Department shall approve the plan provided the study design is of sufficient scope and sensitivity to potentially identify and correct the toxicity.

c.  No change.

d. During the period of time that the approved plan is ongoing, the permittee shall conduct routine whole effluent toxicity testing at the frequency of once every three months, but shall not be required to perform additional follow-up tests.  If a routine test is invalid as established in EPA Methods, EPA-821-R-02-012, EPA-821-R-02-013, or EPA-821- R-02-014, a retest must be started within 21 days for a chronic test or 14 days for an acute test after the last day end of the invalid test.

e.  No change.

5. No change.

(j) Acute and Chronic Whole Effluent Toxicity Tests Reporting Requirements.

1.a. The permittee shall mail a bioassay laboratory report for each routine test to the Department at the address specified in the permit within 30 days after the last day of the routine test. For additional follow-up tests, the bioassay laboratory report shall be mailed to the Department at the address specified in the permit within 30 days after the last day of the second valid follow-up test.

2.b. The laboratory reports shall be prepared according to Section 10, Report Preparation and Test Review, of the method required by sub-subparagraph 62-620.620(3)(g)2.b., F.A.C., for chronic whole effluent toxicity tests  or Section 12, Report Preparation and Test Review, of the method required by sub-subparagraph 62-620.620(3)(h)2.b., F.A.C., for acute whole effluent toxicity tests.

3.c. All invalid test results shall be submitted with the repeat test results to the Department at the address specified in the permit.

(k)1. through 3. No change.

4. Site-specific considerations including the history of toxic impact or compliance problems at the wastewater facility which cause or contribute to adverse water quality impacts; or

5. The existing and historical land-use, as well as existing and historical analytical data, when considering discharges that are primarily composed of storm water run-off; or .

6. Results from implementation of the plan required in subparagraph 62-620.620(3)(i)4., F.A.C.

(l) Notwithstanding paragraph 62-620.620(3)(k), upon completion of four consecutive, valid routine tests that demonstrate compliance with the whole effluent toxicity limits in the facility’s wastewater permit, a permittee may submit a written request to the Department for a reduction in routine monitoring frequency from once every three months, as required under subparagraph 62-620.620(3)(g)1., to once every six months. The request shall include a summary of the data and the complete bioassay reports for all tests being considered. The Department shall act on the request within 45 days.  Reductions in monitoring shall only become effective upon the Department’s written confirmation that the facility has completed four consecutive valid passing routine whole effluent toxicity tests.  A single failed test shall not result in a return to quarterly monitoring unless the Department determines that more frequent monitoring is required to address a specific toxicity issue.

(3) through (5) renumbered (4) through (6) No change.