The purpose of the rule is to adopt a new Total Maximum Daily Load (TMDL), and its allocation, for nitrate, which has caused a biological impairment in the Upper Wakulla River within the St. Marks River Basin. This rulemaking also makes minor ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-304.300: St. Marks River Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt a new Total Maximum Daily Load (TMDL), and its allocation, for nitrate, which has caused a biological impairment in the Upper Wakulla River within the St. Marks River Basin. This rulemaking also makes minor changes to the pre-existing TMDL for this basin by renumbering the pre-existing TMDL, editing it for consistency with other TMDLs, and clarifying that this pre-existing TMDL is for Munson Slough above Lake Munson.
SUMMARY: The new TMDL addresses biology impairments in the St. Marks River Basin. Specifically, the TMDL rule being proposed for adoption is for the Upper Wakulla River. This waterbody was verified as impaired for biology using the methodology established in Chapter 62-303, F.A.C. The proposed nitrate target of 0.35 mg/L was set to meet the biology criterion. This rulemaking has been given OGC Case Number 09-0155.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not 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.
While Section 120.541, F.S., does not necessitate the preparation of a SERC in such instance, the Department has chosen to prepare a SERC for all proposed TMDLs to assist in the determination of whether any costs are incurred as a result of the TMDL, and if so, how much. The proposed rule only assigns reductions to the non-regulatory component of the TMDL, and thus, results in no additional costs.
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:
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, 403.067 FS.
LAW IMPLEMENTED: 403.061, 403.062, 403.067 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: Thursday, February 16, 2012, 1:30 p.m.
PLACE: Florida Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Room 609, Tallahassee, FL 32399
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: Ms. Pat Waters at [phone]. 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: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.300 St. Marks River Basin TMDLs.

(1) Munson Slough Above Lake Munson TMDL. Munson Slough TMDL for Fecal Coliform. The Total Maximum Daily Load (TMDL) is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a)(1) The Wasteload Allocation (WLA) for wastewater point sources is not applicable.

(b) The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria, which, based on the measured concentrations from the 2006 period, will require a 31.6 percent reduction at sources contributing to exceedances of the criteria at Roberts Ave., and for the 2006 period, will require a 96.9 percent reduction at sources contributing to exceedances of the criteria at Springhill Road, and for the 1992 to 2007 period, will require a 91.5 percent reduction at sources contributing to exceedances of the criteria at Capital Circle S. W.

(c)(2) The Load Allocation (LA) for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria, which, based on the measured concentrations from the 2006 period, will require a 31.6 percent reduction at sources contributing to exceedances of the criteria at Roberts Ave., and for the 2006 period, will require a 96.9 percent reduction at sources contributing to exceedances of the criteria at Springhill Road, and for the 1992 to 2007 period, will require a 91.5 percent reduction at sources contributing to exceedances of the criteria at Capital Circle S. W.

(d)(3)The Margin of Safety is implicit.

(e)(4) While the LA and WLA for fecal coliform have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream fecal concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(2) Upper Wakulla River. The nitrate TMDL to address the biological impairment is an in-stream monthly mean concentration of 0.35 mg/L and is allocated as follows:

(a) The WLA for wastewater sources is not applicable.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable.

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream nitrate concentrations meet the TMDL target, which, based on the mean concentrations from the 2002-2007 period, will require a 56.2 percent reduction of nitrate at sources contributing to the observed biological impairment.

(d) The Margin of Safety is implicit.

(e) While the WLA and LAs for nitrate have been expressed as the concentration and percent reduction needed to attain the applicable Class III biology criterion, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream nitrate concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-21-08, Amended________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Director, Division of Environmental Assessment and Restoration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel Vinyard Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 11, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: November 23, 2011