62-780.610. Fate and Transport Model and Statistical Method Requirements

(1) Fate and Transport Models.

(a) Any fate and transport model used to support an evaluation pursuant to the provisions of Rules 62-780.650, 62-780.680, and 62-780.690, F.A.C., shall be a fate and transport model with the ability to adequately simulate movement and degradation of contaminants in the aquifer over time and distance, taking into account attenuation mechanisms including biological, physical, and chemical processes. The model shall be appropriate for the site conditions and shall be selected from the ASTM document referenced in subsection 62-780.100(4), F.A.C., or from the list of approved fate and transport models maintained by the Department, a copy of which is available upon request.

(b) Fate and transport models not listed in the ASTM document referenced in subsection 62‑780.100(4), F.A.C., or on the list of approved fate and transport models maintained by the Department, may be submitted to the Department for approval and for inclusion on the list of approved fate and transport models maintained by the Department. Any such request for Department approval shall set forth at a minimum the following information:

1. The fate and transport model type;

2. The name and address of the developer;

3. The fate and transport model description;

4. A list of input parameters;

5. The applicable boundary conditions and limitations on the appropriate use of the fate and transport model;

6. A description of the methods available for fate and transport model calibration and examples of calibration of the model with measured site data;

7. Documentation of code testing that has been done (for example, hand calculations to demonstrate that the model formulas were programmed correctly);

8. At least one independent reference knowledgeable of the theory, or experienced in the use, of fate and transport models, who must be a Professional Engineer registered pursuant to Chapter 471, F.S., or a Professional Geologist registered pursuant to Chapter 492, F.S.; and

9. Any approvals or denials of the fate and transport model received from other states or from a federal agency.

(2) Statistical Methods.

(a) Any statistical method used to support an evaluation pursuant to the provisions of subparagraph 62-780.680(1)(b)1., 62-780.680(2)(b)1., or 62-780.680(3)(b)1., F.A.C., shall be a statistical method appropriately based on statistical properties of the site-specific data set such as the number of samples, distribution of the data set, and the percent of non-detect sample results. The statistical method shall be appropriate for the site conditions and shall be selected from the list of approved statistical methods maintained by the Department, a copy of which is available upon request.

(b) Statistical methods not on the list of approved statistical methods maintained by the Department may be submitted to the Department for approval and for inclusion on the list of approved statistical methods maintained by the Department. Any such request for Department approval shall set forth at a minimum the following information:

1. The statistical method type;

2. The name and address of the developer;

3. The statistical method description;

4. A list of input parameters;

5. The limitations on the appropriate use of the statistical method;

6. A list of assumptions underlying the construction of the statistical method and the methodology used to validate the assumptions;

7. Documentation of code testing that has been done (for example, hand calculations to demonstrate that the statistical method formulas were programmed correctly);

8. At least one independent reference knowledgeable of the theory of the proposed statistical method, and trained in the theory, or experienced in the use, of statistical methods, who must have an advanced degree in statistics or mathematics; or documentation that the proposed statistical methods are readily available, in wide use, and have been published in professional journals or reviewed in a statistical textbook; and

9. Any approvals or denials of the statistical method received from other states or from a federal agency.

(3) Within 60 days of the receipt of a request for approval of a fate and transport model, or within 180 days of a request for approval of a new statistical method, the Department shall issue an Order:

(a) Providing the requester with approval of the fate and transport model or statistical method, or

(b) Notifying the requester of the reason(s) why the request does not adequately demonstrate that the requirements of subsection 62-780.610(1) or 62-780.610(2), F.A.C., as applicable, have been met.

(4) If the Fate and Transport Model or Statistical Method submittal is incomplete in any respect, or is insufficient to satisfy the objectives of subsection 62-780.610(1) or 62-780.610(2), F.A.C., as applicable, the Department shall inform the requester pursuant to paragraph 62-780.610(3)(b), F.A.C., and the requester shall submit to the Department a revised request that addresses the deficiencies within 60 days after receipt of the notice. If the deficiencies are not timely corrected, or cannot be corrected, the fate and transport model or statistical method submitted for approval by the Department shall not be used.

(5) The Department’s Order shall be agency action, reviewable pursuant to Sections 120.569 and 120.57, F.S.

Rulemaking Authority 376.303, 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. Law Implemented 376.3071, 376.30701, 376.3078(4), 376.81, 403.0877 FS. History–New 4-17-05, Amended 6-12-13.