(1) Upon determining that a waterbody is impaired or determining there is an increasing trend in nutrients with a reasonable expectation that the waterbody will become impaired within 5 years, the Department shall evaluate whether existing or proposed technology-based effluent limitations and other pollution control programs under local, state, or federal authority are sufficient to result in the attainment of applicable water quality standards.
    (2) If, after evaluation of the pollution control mechanisms set forth in subsection (1), the water segment is expected to attain water quality standards in the future and is expected to make reasonable progress towards attainment of water quality standards by the time the next section 303(d) list for the basin is scheduled to be submitted to EPA, the segment shall not be listed on the Verified List. The Department’s decision shall be based on a plan that provides reasonable assurance that any proposed pollution control mechanisms and expected improvements in water quality in the water segment will attain applicable water quality standards.
    (3) For water segments with planned or on-going restoration activities that will address the non-attainment of water quality standards, stakeholders may submit information to the Department demonstrating pollutant reduction mechanisms to address the non-attainment.
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History-New 6-10-02, Repromulgated 1-2-07, Amended 2-17-16.