The proposed rule amendments revise several definitions used in Chapter 62-302, F.A.C., and correct several typographical errors in Rule 62-302.400, F.A.C. Revisions to Rule 62-302.500, F.A.C., establish numeric criteria for Lindane based on acute ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:
62-302.200Definitions
62-302.400Classification of Surface Waters, Usage, Reclassification, Classified Waters
62-302.500Surface Waters: Minimum Criteria, General Criteria
62-302.530Table: Surface Water Quality Criteria
62-302.532Estuary-Specific Numeric Interpretations of the Narrative Nutrient Criterion
62-302.533Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters
PURPOSE AND EFFECT: The proposed rule amendments revise several definitions used in Chapter 62-302, F.A.C., and correct several typographical errors in Rule 62-302.400, F.A.C. Revisions to Rule 62-302.500, F.A.C., establish numeric criteria for Lindane based on acute toxicity effects. The Department also proposes to amend Rule 62-302.530, F.A.C., to: (1) clarify how surface water quality criteria are applied, (2) update a number of surface water quality criteria, (3) correct outdated rule references for a number of surface water quality criteria, and (4) allow for the use of Ekman and Ponar sampling devices for determining the Shannon-Weaver Diversity Index. Rule 62-302.532, F.A.C., is revised to establish numeric nutrient criteria in the Tidal Peace River estuary. Rule 62-302.533, F.A.C., is created to update the surface water quality criteria for dissolved oxygen (DO) in both fresh and marine waters.
SUMMARY: The Department proposes to amend Chapter 62-302, F.A.C., to: (1) revise several definitions used in Chapter 62-302, F.A.C., (2) correct several typographical errors in Chapter 62-302, F.A.C., (3) clarify how surface water quality criteria are applied, (4) update a number of surface water quality criteria based on updated science, (5) correct outdated rule references in Chapter 62-302, F.A.C., (6) allow for the use of Ekman and Ponar dredges for determining the Shannon-Weaver Diversity Index, (7) establish numeric nutrient criteria for the Tidal Peace River estuary, and (8) revise the criteria for DO in both fresh and marine waters.
OTHER RULES INCORPORATING THIS RULE: Chapter 62-302, F.A.C., is referenced by the following rules: 18-2.021, 62-4.160, 62-4.241, 62-4.242, 62-4.244, 62-4.246, 62-25.001, 62-25.025, 62-25.080, 62-40.120, 62-40.210, 62-45.070, 62-45.170, 62-110.106, 62-113.200, 62-301.100, 62-302.200, 62-302.300, 62-302.400, 62-302.500, 62-302.520, 62-302.530, 62-302.531, 62-302.532, 62-302.540, 62-302.700, 62-302.800, 62-303.100, 62-303.200, 62-303.320, 62-303.330, 62-303.351, 62-303.352, 62-303.353, 62-303.354, 62-303.370, 62-303.390, 62-303.400, 62-303.430, 62-303.450, 62-303.720, 62-304.310, 62-304.335, 62-312.400, 62-330.100, 62-330.200, 62-330.405, 62-330.410, 62-330.412, 62-330.630, 62-340.700, 62-346.050, 62-346.051, 62-346.301, 62-348.200, 62-520.200, 62-520.520, 62-528.610, 62-528.630, 62-600.120. 62-600.200, 62-600.300, 62-600.400, 62-600.430, 62-600.440, 62-600.500, 62-600.520, 62-610.200, 62-610.300, 62-610.310, 62-610.554, 62-610.555, 62-610.650, 62-610.670, 62-610.810, 62-610.820, 62-610.830, 62-610.850, 62-610.860, 62-611.110, 62-611.200, 62-611.450, 62-611.500, 62-611.600, 62-611.650, 62-611.700, 62-620.320, 62-620.620, 62-621.303, 62-624.800, 62-625.400, 62-640.400, 62-650.300, 62-660.300, 62-673.340, 62-673.610, 62-701.200, 62-709.500, 62-711.540, 62-761.200, 62-762.201, 62-770.200, 62-771.100, 62-777.150, 62-777.170, 62-780.200, 62-782.200, 62-785.200, 62B-49.008, 62B-49.012, 62C-16.0051, F.A.C. Rule 62-302.200, F.A.C., is referenced by the following rules: 62-4.241, 62-302.200, 62-302.530, 62-302.531, 62-302.540, 62-303.351, 62-303.390, 62-348.200, 62-520.200, 62-611.500, 62-620.620, 62-621.303, 62-777.170, 62C-16.0051, F.A.C. Rule 62-302.400, F.A.C., is referenced by the following rules: 62-4.242, 62-40.210, 62-302.400, 62-302.530, 62-330.410, 62-330.412, 62-611.110, F.A.C. Rule 62-302.500, F.A.C., is referenced by the following rules: 62-4.160, 62-4.244, 62-25.030, 62-302.200, 62-302.400, 62-302.500, 62-302.530, 62-302.800, 62-303.400, 62-600.120, 62-611.500, 62-611.650, 62-620.610, 62-621.303, F.A.C. Rule 62-302.530, F.A.C., is referenced by the following rules: 62-4.244, 62-302.200, 62-302.400, 62-302.500, 62-302.530, 62-302.531, 62-302.532, 62-302.800, 62-303.200, 62-303.320, 62-303.330, 62-303.370, 62-303.430, 62-303.450, 62-303.720, 62-611.500, 62-611.600, 62B-49.008, F.A.C. Rule 62-302.532, F.A.C., is referenced by the following rules: 62-302.531, 62-302.532, 62-303.450, F.A.C.
EFFECT ON THOSE OTHER RULES: The proposed amendments will change the dissolved oxygen criteria that industry, local government, agriculture and other surface water dischargers must meet. The remainder of the amendments will have minimal impact on the other rules of the Department.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency. Seven domestic wastewater treatment facilities, agricultural and urban stormwater dischargers, and septic tank owners in the Florida Panhandle will be required to comply with more stringent dissolved oxygen criteria; however, less stringent dissolved oxygen criteria will apply to the rest of the state. Costs to the discharges in the Panhandle have been estimated at $6,450,492, while cost savings anticipated for the rest of the state have been estimated at $130,000,000, for a statewide cost savings of $123,549,508.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department relied upon the SERC to determine whether legislative ratification would be required.
Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.
RULEMAKING AUTHORITY: 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS.
LAW IMPLEMENTED: 373.414, 403.021, 403.031, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708, 403.802 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, April 23, 2013, 9:00 a.m.
PLACE: Florida Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Eric Shaw at [phone] or by the address or e-mail identified below. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Eric Shaw, Department of Environmental Protection, Bureau of Assessment and Restoration Support, MS 6511, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, [phone] or e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-302.200 Definitions.

As used in this chapter:

(1) through (6) No change.

(7) “Compensation point for photosynthetic activity” shall mean the depth within the water column at which one percent of the light intensity at the surface Photosynthetically Active Radiation remains unabsorbed.  The light intensities immediately below the surface at the surface and at depth subsurface shall be measured simultaneously by irradiance meters that measure the total irradiance of light between 400 and 700 nm such as Kahlsico Underwater Irradiameter (Model No. 268 WA 310), or other device having a comparable spectral response.

(8) through (17) No change.

(18) “Man-induced conditions which cannot be controlled or abated” shall mean conditions that have been influenced by human activities, and

(a) wWould remain after removal of all point sources,

(b) wWould remain after imposition of best management practices for non-point sources, and

(c) cCannot be restored or abated by physical alteration of the waterbody, or there is no reasonable relationship between the economic, social and environmental costs and the benefits of restoration or physical alteration.

(19) through (28) No change. 

(29) “Predominantly fresh waters” shall mean surface waters in which the chloride concentration is less than 1,500 milligrams per liter or specific conductance is less than 4,580 µmhos/cm.  Measurements for making this determination shall be taken within the bottom half of the water column.

(30) “Predominantly marine waters” shall mean surface waters in which the chloride concentration is greater than or equal to 1,500 milligrams per liter or specific conductance is greater than or equal to 4,580 µmhos/cm.  Measurements for making this determination shall be taken within the bottom half of the water column.

(31) through (44) No change.

Rulemaking Authority 403.061, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021(11), 403.031, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History–New 5-29-90, Amended 2-13-92, Formerly 17-302.200, Amended 1-23-95, 5-15-02, 4-2-08, 7-3-12,________.

 

Editorial Note: Rule subsections 62-302.200(1)-(3), (5), (7), (9)-(15), (18)-(21), (29)-(30), (34), (38), (40), (42), and (44) became effective on 7-3-12, 20 days after filing the rule certification package for Florida’s numeric nutrient standards. Rule subsections 62-302.200(4), (16)-(17), (22)-(25), (35)-(37), and (39) will become effective upon approval by EPA in their entirety, conclusion of rulemaking by EPA to repeal its federal numeric nutrient criterion for Florida, and EPA’s determination that Florida’s rules address its January 2009 determination that numeric nutrient criteria are needed in Florida.

 

62-302.400 Classification of Surface Waters, Usage, Reclassification, Classified Waters.

(1) through (2) No change.

(3)  The specific water quality criteria corresponding to each surface water classification are listed in Rules 62-302.500 through 62-302.540, and Rule 62-302.800 62-302.530, F.A.C.

(4) through (7) No change.

(8) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmative findings required in this section, as described in the DEP document titled, “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), dated June 2010, incorporated by reference herein. Copies Compies of the Process document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(9) through (14) No change.

(15) Unless otherwise specified, the following shall apply:

(a) No change.

(b) Water quality classifications shall be interpreted to include associated water bodies such as tidal creeks, coves, bays and bayous.  The boundaries of Class II waters shall be limited to “Predominantly Marine Waters” as defined in subsection 62-302.200(30), F.A.C.

(16) Exceptions to Class III:

(a) No change.

(b) The following listed waterbodies are classified as Class I, Class II, Class III-Limited, or Class V:

1. through 7.  No change.

8. Charlotte County

Class I

Alligator Creek – North and South Prongs from headwaters to the water control structure downstream of SR 765-A.

Port Charlotte Canal System – Surface waters lying upstream of, or directly connected to, Fordham Waterway upstream of Conway Boulevard.

Prairie Creek – DeSoto County Line and headwaters to Shell Creek.

Shell Creek – Headwaters to Hendrickson Dam (east of Myrtle Slough, in Section 20, T40S, R24E).

Class II

Lemon Bay, Placida Harbor, and Tributaries – N. Charlotte County Line south to Gasparilla Sound and bounded on the east by SR 775.

Charlotte Harbor, Myakka River, and Gasparilla Sound South – Waters except Peace River upstream from the northeastern point of Myakka Cutoff to the boat ramp in Ponce de Leon Park in south Punta Gorda, Catfish Creek north of N. Lat. 26º50'56'', and Whidden Creek north of N. Lat. 26º 51'15''.

9. through 45.  No change.

46. Okaloosa County.

Class II

Choctahatchee Bay and Tributaries – From a line from White Point southwesterly through Fl. Light Marker 2 of the Intracoastal Waterway, eastward to the county line, including East Pass.

Rocky Bayou – Choctahatchee Bay (from a line extending due east from Shirk Point) to Rocky Creek.

Santa Rosa Sound – From a north-south line through Manatee Point west to the Santa Rosa Rose County Line.

47. through 67. No change.

Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708 FS. History–Formerly 28-5.06, 17-3.06, Amended and Renumbered 3-1-79, Amended 1-1-83, 2-1-83, Formerly 17-3.081, Amended 4-25-93, Formerly 17-302.400, Amended 12-26-96, 8-24-00, 12-7-06, 8-5-10,________.

 

62-302.500 Surface Waters: Minimum Criteria, General Criteria.

(1) Minimum Criteria. All surface waters of the State shall at all places and at all times be free from:

(a) through (c) No change.

(d) Lindane (g-ben­zene hexachloride) in concentrations above 0.16 micrograms/liter in predominantly marine waters or in concentrations above 0.95 micrograms/liter in predominantly fresh waters.

(2) General Criteria.

(a) through (e) No change.

(f) Notwithstanding the specific numerical criteria applicable to individual classes of water, dissolved oxygen levels that are attributable to natural background conditions or man-induced conditions which cannot be controlled or abated may be established as alternative dissolved oxygen criteria for a water body or portion of a water body. Alternative dissolved oxygen criteria may be established by the Secretary or a Director of District Management in conjunction with the issuance of a permit or other Department action only after public notice and opportunity for public hearing. The determination of alternative criteria shall be based on consideration of the factors described in subparagraphs 62-302.800(1)(a)1.-4. and subsections 62-302.533(3) – (4), F.A.C. Alternative criteria shall not result in a lowering of dissolved oxygen levels in the water body, water body segment or any adjacent waters, and shall not violate the minimum criteria specified in subsection 62-302.500(1), F.A.C. Daily and seasonal fluctuations in dissolved oxygen levels shall be maintained.

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–Formerly 28-5.02, 17-3.02, Amended 10-28-78, Amended and Renumbered 3-1-79, Amended 1-1-83, 10-4-89, Formerly 17-3.051, Amended 4-25-93, Formerly 17-302.500, Amended 1-15-96, 12-26-96, 5-15-02, 12-7-06,________.

 

62-302.530 Table: Surface Water Quality Criteria.

The following table contains both numeric and narrative surface water quality criteria to be applied except within zones of mixing. The left-hand column of the Table is a list of constituents for which a surface water criterion exists. The headings for the water quality classifications are found at the top of the Table, and the classification descriptions for the headings are specified in subsection 62-302.400(1), F.A.C. Applicable criteria lie within the Table. The individual criteria should be read in conjunction with other provisions in water quality standards, including Rule 62-302.500, F.A.C. The criteria contained in Rule 62-302.500, F.A.C., also apply to all waters unless alternative or more stringent criteria are specified in Rule 62-302.530, F.A.C.  Unless otherwise stated, all criteria express the maximum not to be exceeded at any time except within established mixing zones or in accordance with site-specific effluent limitations developed pursuant to Rule 62-620.620, F.A.C. In some cases, there are separate or additional limits, which apply independently of the maximum not to be exceeded at any time. For example, the criteria for carcinogens, which are expressed as an annual average (denoted as “annual avg.” in the Table), are applied as means the maximum allowable annual average concentration at the long-term harmonic mean flow average annual flow conditions (see subsection 62-302.200(2), F.A.C.). Numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(47)(b), F.A.C., shall be expressed as spatial averages and applied over a spatial area consistent with their derivation.  In applying the water quality standards, the Department shall take into account the variability occurring in nature and shall recognize the statistical variability inherent in sampling and testing procedures. The Department’s assessment methodology, set forth in Chapter 62-303, F.A.C., accounts for such natural and statistical variability when used to assess ambient waters pursuant to sections 305(b) and 303(d) of the Federal Clean Water Act.

 

 

 

Parameter	Units	Class I	Class II	Class III and Class III-Limited (see Note 4)				Class IV	Class V
				Predominantly Fresh Waters	Predominantly Marine Waters
(1) through (5) No change.
(6) Bacteriological Quality (Fecal Coliform Bacteria)	Number per 100 ml (Most Probable Number (MPN) or Membrane Filter (MF))	MPN or MF counts shall not exceed a monthly average of 200, nor exceed 400 in 10% of the samples, nor exceed 800 on any one day.  Monthly averages shall be expressed as geometric means based on a minimum of 5 samples taken over a 30 day period.	MPN or MF counts shall not exceed a median value of 14 with not more than 10% of the samples exceeding 43 (for MPN) or 31 (for MF), nor exceed 800 on any one day.  To determine the percentage of samples exceeding the criteria when there are both MPN and MF samples for a waterbody, the percent shall be calculated as 100*(nmpn+nmf)/N, where nmpn is the number of MPN samples greater than 43, nmf  is the number of MF samples greater than 31, and N is the total number of MPN and MF samples.	MPN or MF counts shall not exceed a monthly average of 200, nor exceed 400 in 10% of the samples, nor exceed 800 on any one day.  Monthly averages shall be expressed as geometric means based on a minimum of 10 samples taken over a 30 day period.		MPN or MF counts shall not exceed a monthly average of 200, nor exceed 400 in 10% of the samples, nor exceed 800 on any one day.  Monthly averages shall be expressed as geometric means based on a minimum of 10 samples taken over a 30 day period.
(7) through (9) No change.
(10) (a) Biological Health (Shannon-Weaver Diversity Index using Hester-Dendy type samplers) Integ­rity	Per cent reduction of Shannon-Weaver Diversity Index	The Index for benthic macroinvertebrates shall not be reduced to less than 75% of back­ground levels as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­posited from a mini­mum of three Hester-Dendy type artificial substrate samplers of 0.10 to 0.15 m2 area each, incu­bated for a period of four weeks.	The Index for benthic macroinvertebrates shall not be reduced to less than 75% of estab­lished background lev­els as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­posited from a mini­mum of three natural substrate samples, taken with Ponar type samplers with mini­mum sam­pling area of 225 cm2.	The Index for benthic macroinvertebrates shall not be reduced to less than 75% of estab­lished background levels as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­pos­ited from a mini­mum of three Hester-Dendy type artificial substrate samplers of 0.10 to 0.15 m2 area each, incu­bated for a period of four weeks.		The Index for benthic macroinvertebrates shall not be reduced to less than 75% of estab­lished background levels as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­pos­ited from a mini­mum of three natural substrate samples, taken with Ponar type sam­plers with mini­mum sam­pling area of 225 cm2.
(10) (b) Biological Health (Shannon-Weaver Diversity Index using Ekman or Ponar type samplers)	Per cent reduction of Shannon-Weaver Diversity Index	In lakes, the Index for benthic macroinvertebrates shall not be reduced to less than 75% of estab­lished background lev­els as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­posited from a mini­mum of three natural substrate samples, taken with Ekman or Ponar type samplers with mini­mum sam­pling area of 225 cm2.	The Index for benthic macroinvertebrates shall not be reduced to less than 75% of estab­lished background lev­els as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­posited from a mini­mum of three natural substrate samples, taken with Ponar type samplers with mini­mum sam­pling area of 225 cm2.	In lakes, the Index for benthic macroinvertebrates shall not be reduced to less than 75% of estab­lished background lev­els as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­posited from a mini­mum of three natural substrate samples, taken with Ekman or Ponar type samplers with mini­mum sam­pling area of 225 cm2.		The Index for benthic macroinvertebrates shall not be reduced to less than 75% of estab­lished background levels as meas­ured using organisms re­tained by a U. S. Stan­dard No. 30 sieve and collected and com­pos­ited from a mini­mum of three natural substrate samples, taken with Ponar type sam­plers with mini­mum sam­pling area of 225 cm2.
(11) through (19) No change.
(20) Chronic Toxicity (see definition in subsSection 62-302.200(5)(4), F.A.C., and also see below, "Substances in concentrations which...")
(21) through (29) No change.

(30)Dissolved Oxygen	Milligrams/L	See Rule 62-302.533, F.A.C.				Shall not average less than 4.0 in a 24-hour period and shall never be less than 3.0.	Shall not be less than 0.3, fifty percent of the time on an annual basis for flows greater than or equal to 250 cubic feet per second and shall never be less than 0.1.  Normal daily and sea­sonal fluc­tua­tions above these levels shall be main­tained.
		Shall not be less than 5.0.  Normal daily and seasonal fluctua­tions above this level shall be maintained.	Shall not average  less than 5.0 in a 24-hour period and shall never be less than 4.0.  Normal daily and sea­sonal fluctua­tions  above these levels shall be main­tained.	Shall not be less than 5.0.   Normal daily and sea­sonal fluctua­tions above these levels shall be main­tained.	Shall not average less than 5.0 in a 24-hour period and shall never be less than 4.0.  Normal daily and sea­sonal fluctua­tions above these levels shall be main­tained.
(31) through (40) No change.
(41) Mercury	Micrograms/L	 0.012	 0.025	 0.012	 0.025	≤ 0.2	≤ 0.2
(42) through (49) No change.
(50) Pesticides and Herbicides
(50) (a) through (50) (l)  No change.
(50) (m) Lindane (g-benzene hexachloride)	Micrograms/L	See Minimum criteria in paragraph 62-302.500(1)(d), F.A.C. < 0.019 annual avg.; 0.08 max	See Minimum criteria in paragraph 62-302.500(1)(d), F.A.C. < 0.063 annual avg.; 0.16 max	See Minimum criteria in paragraph 62-302.500(1)(d), F.A.C. < 0.063 annual avg.; 0.08 max	See Minimum criteria in paragraph 62-302.500(1)(d), F.A.C. < 0.063. annual avg.; 0.16 max
(50) (n) through (50) (r)   No change.
(51) through (66) No change.
(67) Transparency	Depth of the com­pensation point within the water column for photosynthetic activity	The annual average value sShall not be reduced by more than 10% as com­pared to the natural background value.  Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.	The annual average value sShall not be reduced by more than 10% as com­pared to the natural background value. Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.	The annual average value sShall not be reduced by more than 10% as com­pared to the natural background value. Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.	The annual average value sShall not be reduced by more than 10% as com­pared to the natural background value. Annual average values shall be based on a minimum of three samples, with each sample collected at least three months apart.
(68) through (70))  No change.

 

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 1-28-90, Formerly 17-3.065, Amended 2-13-92, 6-17-92, Formerly 17-302.540, 17-302.550, 17-302.560, 17-302.570, 17-302.580, Amended 4-25-93, Formerly 17-302.530, Amended 1-23-95, 1-15-96, 5-15-02, 7-19-04, 12-7-06, 8-5-10, 7-3-12,________.

 

62-302.532 Estuary-Specific Numeric Interpretations of the Narrative Nutrient Criterion. 

(1) Estuary-specific numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(47)(b), F.A.C., are in the table below. The concentration-based estuary interpretations are open water, area-wide averages. The interpretations expressed as load per million cubic meters of freshwater inflow are the total load of that nutrient to the estuary divided by the total volume of freshwater inflow to that estuary.

 

Estuary	Total Phosphorus	Total Nitrogen	Chlorophyll a
(a) through (c) No change.
(d) Charlotte Harbor/Estero Bay	Annual arithmetic mean values for nutrients and annual arithmetic means for chlorophyll a, not to be exceeded more than once in a three year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.
1. through 7. No change.
8. Tidal Peace River	0.50 mg/L	1.08 mg/L	12.6 ug/L
8. through 9. renumbered 9. through 10.  No change.
(e) through (j) No change.

 

(2) Estuarine and marine areas are delineated in the eight maps of the Florida Marine Nutrient Regions, all dated February 20, 2013, October 19, 2011, which are incorporated by reference. Copies of these maps may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(3) No change.

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 7-3-12, Amended _______.

 

Editorial Note: Rule subsections 62-302.532(1)-(2) became effective on 7-3-12, 20 days after filing the rule certification package for Florida’s numeric nutrient standards. Rule subsection 62-302.532(3) will become effective upon approval by EPA in its entirety, conclusion of rulemaking by EPA to repeal its federal numeric nutrient criterion for Florida, and EPA’s determination that Florida’s rules address its January 2009 determination that numeric nutrient criteria are needed in Florida.

62-302.533 Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters. 

(1)              Class I, Class III predominantly freshwaters, and Class III-Limited predominantly freshwaters.

(a)              No more than 10 percent of the daily average percent dissolved oxygen (DO) saturation values shall be below the following values:

1. 67 percent in the Panhandle West bioregion,

2. 38 percent in the Peninsula and Everglades bioregions, or

3. 34 percent in the Northeast and Big Bend bioregions.A map of the bioregions is contained in SCI 1000: Stream Condition Index Methods (DEP-SOP-003/11 SCI 1000), which is incorporated by reference in Rule 62-160.800, F.A.C.

(b)              For lakes, the daily average DO level shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location on the same day.  For all other freshwaters, the daily average freshwater DO level shall be calculated as the average of all measurements collected in the water column at the same location and on the same day.

(c)              In the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, DO levels shall not be lowered below the baseline distribution such that there is 90 percent confidence that more than 50 percent of measurements are below the median of the baseline distribution or more than 10 percent of the daily average values are below the 10th percentile of the baseline distribution for the applicable waterbody. 

(d)              In the portions of the St. Johns River utilized by the Shortnose or Atlantic Sturgeon, the DO shall not be below 53 percent saturation during February and March.  During other times of the year, the criteria specified in paragraph 62-302.533(1)(a), F.A.C., shall apply.

(e)              The baseline distributions and maps showing the specific areas utilized by the Gulf Sturgeon and the Oval Pigtoe Mussel are provided in Appendix I of the “Technical Support Document for the Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters” (DEP-SAS-001/13), dated March 2013, which is incorporated by reference herein.  Copies of Appendix I may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(2)              Class II, Class III predominantly marine waters, and Class III-Limited predominantly marine waters.

(a)              Minimum DO saturation levels shall be as follows:

1. The daily average percent DO saturation shall not be below 42 percent saturation in more than 10 percent of the values;

2. The seven-day average DO percent saturation shall not be below 51 percent more than once in any twelve week period; and

3.              The 30-day average DO percent saturation shall not be below 56 percent more than once per year.

(b)To calculate a seven-day average DO percent saturation, there shall be a minimum of three full days of diel data collected within the seven-day period, or a minimum of ten grab samples collected over at least three days within that seven-day period, with each sample measured at least four hours apart.

(c)To calculate a 30-day average DO percent saturation, there shall be a minimum of three full days of diel data with at least one day of data collected in three different weeks of the 30-day period, or grab samples collected from a minimum of ten different days of the 30-day period.

(d)A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.

(3)If it is determined that the natural background DO saturation in the waterbody (including values that are naturally low due to vertical stratification) is less than the applicable criteria stated above, the applicable criteria shall be 0.1 mg/l below the DO concentration associated with the natural background DO saturation level.

(4)              For predominately marine waters, a decrease in magnitude of up to 10 percent from the natural background condition is allowed if it is demonstrated that sensitive resident aquatic species will not be adversely affected using the procedure described in the DEP document titled Appendix H of the “Technical Support Document for the Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters: Determination of Acceptable Deviation from Natural Background Dissolved Oxygen Levels in Fresh and Marine Waters” (DEP-SAS-001/13), dated March  2013, which is incorporated by reference herein.  Copies of Appendix H may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(5)  Ambient DO levels above the minimum criteria specified in subsections 62-302.533(1) and (2), F.A.C., shall be maintained in accordance with and subject to Rules 62-302.300 and 62-4.242, F.A.C.  This provision is not achieved if, after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods, a waterbody segment is shown to have a statistically significant decreasing trend in DO percent saturation or an increasing trend in the range of daily DO fluctuations at the 95 percent confidence level using the one-sided Seasonal Kendall test for trend, as described in Helsel, D.R. and R.M. Hirsh, 2002, Statistical Methods in Water Resources, USGS, pages 338 through 340, which is incorporated by reference herein, or an alternative statistically valid trend at a one-sided confidence level of 95 percent.  It must be demonstrated that the data satisfy all statistical assumptions of any alternative method used, including residual distribution, variance, and shape of relationship.

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 22, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 27, 2012