All discharges or proposed discharges of heated water into
receiving bodies of water (RBW) which are controlled by the State shall be
subjected to a thorough study to assess the consequences of the discharge upon
the environment. The State shall be divided into two general climatological
zones: Peninsular Florida, which varies from tropical in nature to temperate
but is modified by the peninsular configuration and is the area south of
latitude 30º N (excluding Gulf and Franklin Counties): and Northern
Florida which is temperate and continental and is the area above latitude
30º N plus the portions of Gulf and Franklin Counties which lie below
30º N.
(1) Heated water
discharges existing on July 1, 1972:
(a) Shall
not increase the temperature of the RBW so as to cause substantial damage or
harm to the aquatic life or vegetation therein or interfere with beneficial
uses assigned to the RBW;
(b) Shall
be monitored by the discharger to ensure compliance with this rule; and,
(c) If the Department, pursuant to
notice and opportunity for hearing, finds by a preponderance of the evidence
that a discharge has caused substantial damage, it may require conversion of
such discharge to offstream cooling or approved alternate methods. In making
determinations regarding such conversions, the Department may consider:
1. The nature and extent of the existing
damage,
2. The projected lifetime
of the existing discharge,
3. Any
adverse economic and environmental (including non-water quality) impacts which
would result from such conversion; and,
4. Such other factors as may be
appropriate.
(2) Heated water sources proposed for future
discharges into RBW controlled by the State shall not increase the water
temperature by more than the monthly temperature limits prescribed for the
particular type and location of the RBW. New sources shall include all
expansions, modifications, alterations, replacements, or repairs which result
in an increased output of ten percent (10%) or more of the level of energy
production which existed on the date this rule became effective. Water
temperatures shall be measured by procedures approved by the Florida Department
of Environmental Protection (DEP). In all cases where a temperature rise above
ambient is allowed and a maximum RBW temperature is also prescribed, the lower
of the two limitations shall be the control temperature.
(3) Definitions.
(a) Ambient (natural) temperature of a RBW
shall mean the existing temperature of the receiving water at a location which
is unaffected by man-made thermal discharges and a location which is also of a
depth and exposure to winds and currents which typify the most environmentally
stable portions of the RBW.
(b)
Coastal waters shall be all waters in the State which are not classified as
fresh waters or as open waters.
(c)
A cooling pond is a body of water enclosed by natural or constructed restraints
which has been approved by the Florida DEP for purposes of controlling heat
dissipation from thermal discharges.
(d) An existing heat source is any thermal
discharge (a) which is presently taking place, or (b) which is under
construction or for which a construction or operation permit has been issued
prior to the effective date of this rule.
(e) Fresh waters shall be all waters of the
State which are contained in lakes and ponds, or are in flowing streams above
the zone in which tidal actions influence the salinity of the water and where
the concentration of chloride ions is normally less than 1, 500 milligrams per
liter.
(f) Open water shall be all
waters in the State extending seaward from the most seaward 18'-foot depth
contour line (three-fathom bottom depth contour) which is offshore from any
island; exposed or submerged bar or reef; or mouth of any embayment or estuary
which is narrowed by headlands. Contour lines shall be determined from Coast
and Geodetic Survey Charts.
(g) The
point of discharge (POD) for a heated water discharge shall be primarily that
point at which the effluent physically leaves its carrying conduit (open or
closed), and discharges into the waters of the state, or, in the event it is
not practicable to measure temperature at the end of the discharge conduit, a
specific point designated by the Florida DEP for that particular thermal
discharge.
(h) Heated water
discharges are the effluents from commercial or industrial activities or
processes in which water is used for the purpose of transporting waste heat,
and which constitute heat sources of one million British Thermal Units per hour
(1, 000, 000 BTU/HR.), or greater.
(i) Blowdown shall mean the minimum discharge
of recirculating cooling water for the purpose of discharging materials
contained in the water, the further buildup of which could cause concentrations
in amounts exceeding limits established by best engineering practice.
(j) Recirculating cooling water shall mean
water which is used for the purpose of removing waste heat and then passed
through a cooling system for the purpose of removing such heat from the water
and then, except for blowdown, is used again to remove waste
heat.
(4) Monthly and
Maximum Temperature Limits.
(a) Fresh Waters -
Heated water with a temperature at the POD more than 5º F higher than the
ambient (natural) temperature of any stream shall not be discharged into such
stream. At all times under all conditions of stream flow the discharge
temperature shall be controlled so that at least two-thirds (2/3) of the width
of the stream's surface remains at ambient (natural) temperature. Further, no
more than one-fourth (1/4) of the cross-section of the stream at a traverse
perpendicular to the flow shall be heated by the discharge. Heated water with a
temperature at the POD more than 3º F higher than the ambient (natural)
temperature of any lake or reservoir shall not be discharged into such lake or
reservoir. Further, no heated water with a temperature above 90º F shall
be discharged into any fresh waters in Northern Florida regardless of the
ambient temperature of the RBW. In Peninsular Florida, heated waters above
92º F shall not be discharged into fresh waters.
(b) Coastal Waters - Heated water with a
temperature at the POD more than 2º F higher than the ambient (natural)
temperature of the RBW shall not be discharged into coastal waters in any zone
during the months of June, July, August, and September. During the remainder of
the year, heated water with a temperature at the POD more than 4º F higher
than the ambient (natural) temperature of the RBW shall not be discharged into
coastal waters in any zone. In addition, during June, July, August, and
September, no heated water with a temperature above 92º F shall be
discharged into coastal waters. Further, no heated water with a temperature
above 90º F shall be discharged into coastal waters during the period
October thru May.
(c) Open Waters -
Heated water with a temperature at the POD up to 17º F above ambient
(natural) temperature of the RBW may be discharged from an open or closed
conduit into open waters under the following restraints: The surface
temperature of the RBW shall not be raised to more than 97º F and the POD
must be sufficient distance offshore to ensure that the adjacent coastal waters
are not heated beyond the temperatures permitted in such waters.
(d) Cooling Ponds - The temperature for
heated water discharged from a cooling pond shall be measured at the POD from
the pond, and the temperature limitation shall be that specified for the
RBW.
(5) General.
(a) Daily and seasonal temperature variations
that were normal to the RBW before the addition of heat from other than natural
causes shall be maintained.
(b)
Recapitulation of temperature limitations prescribed above:
COASTAL
|
ZONE
|
STREAMS
|
LAKES
|
SUMMER
|
REMAINDER
|
OPEN
|
NORTH.
|
90º F Max
|
90º F Max.
|
92º F Max.
|
90º F Max.
|
97º F Max.
|
|
AM + 5º F
|
AM + 3º F
|
AM + 2º F
|
AM + 4º F
|
AM + 17º F
|
PENIN.
|
92º F Max.
|
92º F Max.
|
92º F Max.
|
90º F Max.
|
97º F Max.
|
|
AM + 5º F
|
AM + 3º F
|
AM + 2º F
|
AM + 4º F
|
AM + 17º F
|
(6) Upon application on a case-by-case basis,
the Department may establish a zone of mixing beyond the POD to afford a
reasonable opportunity for dilution and mixture of heated water discharges with
the RBW, in the following manner:
(a) Zones of
mixing for thermal discharges from non-recirculated cooling water systems and
process water systems of new sources shall be allowed if supported by a
demonstration, as provided in Section 316(a), Public Law
92-500 and regulations
promulgated thereunder, including 40 C.F.R. Part
122, by an applicant that the
proposed mixing zone will assure the protection and propagation of a balanced,
indigenous population of shellfish, fish and wildlife in and on the body of
water into which the discharge is to be made and such demonstration has not
been rebutted. It is the intent of the Commission that to the extent
practicable, proceedings under this provision should be conducted jointly with
proceedings before the federal government under Section 316(a), Public Law
92-500.
(b) Zones of mixing for
blowdown discharges from recirculated cooling water systems, and for discharges
from non-recirculated cooling water systems of existing sources, shall be
established on the basis of the physical and biological characteristics of the
RBW.
(c) When a zone of mixing is
established pursuant to this subsection
62-302.520(6),
F.A.C., any otherwise applicable temperature limitations contained in Rule
62-302.520, F.A.C., shall be met
at its boundary; however, the Department may also establish maximum numerical
temperature limits to be measured at the POD and to be used in lieu of the
general temperature limits in Rule
62-302.520, F.A.C., to determine
compliance by the discharge with the established mixing zone and the
temperature limits in Rule
62-302.520,
F.A.C.