The proposed rules establish numeric nutrient criteria for total nitrogen, total phosphorus, and chlorophyll a in individual estuary segments for the following Panhandle estuaries: Perdido Bay, Pensacola Bay (including Escambia Bay), Choctawhatchee ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-302.532: Estuary-Specific Numeric Interpretations of the Narrative Nutrient Criterion
PURPOSE AND EFFECT: The proposed rules establish numeric nutrient criteria for total nitrogen, total phosphorus, and chlorophyll a in individual estuary segments for the following Panhandle estuaries:  Perdido Bay, Pensacola Bay (including Escambia Bay), Choctawhatchee Bay, St. Andrew Bay, St. Joseph Bay, and Apalachicola Bay. 
SUMMARY: The Department is amending Rule 62-302.532, F.A.C., to establish numeric nutrient criteria for total nitrogen, total phosphorus, and chlorophyll a in individual estuary segments for the following Panhandle estuaries:  Perdido Bay, Pensacola Bay (including Escambia Bay), Choctawhatchee Bay, St. Andrew Bay, St. Joseph Bay, and Apalachicola Bay.  Subsection 62-302.532(3), F.A.C., requires that the Department establish by rule or final order estuary specific numeric interpretations of the narrative nutrient criteria for TN and TP for Perdido Bay, Pensacola Bay (including Escambia Bay), St. Andrew Bay, Choctawhatchee Bay, and Apalachicola Bay by June 30, 2013. 

OTHER RULES INCORPORATING THIS RULE: Rule 62-302.532, F.A.C., is referenced by the following rules:   Rules 62-302.531 and 62-303.450, F.A.C.

EFFECT ON THOSE OTHER RULES: The proposed amendments are not expected to have significant effects on other rules.  The proposed amendments establish estuary specific numeric nutrient criteria that maintain existing conditions. 

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 not been prepared by the agency.

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: numeric nutrient criteria for the estuaries addressed in this rulemaking are being established based on existing conditions and require no reductions in nutrient loads.

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, 403.504, 403.704, 403.804, F.S.
LAW IMPLEMENTED: 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, F.S.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, November 13, 2012, 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 the below information.. 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:

 

62-302.532 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.

(a) – (j)  No change.

 

Estuary	Total Phosphorus	Total Nitrogen	Chlorophyll a
(k) Perdido Bay	For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements.  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. Big Lagoon	0.036 mg/L as AGM	0.61 mg/L as AGM	6.4 µg/L
2. Upper Perdido Bay	0.102 mg/L	1.27 mg/L	11.5 µg/L
3. Central Perdido Bay	0.103 mg/L	0.97 mg/L	7.5 µg/L
4. Lower Perdido Bay	0.110 mg/L	0.78 mg/L	6.9 µg/L
(l) Pensacola Bay	For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements.  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. Lower Escambia Bay	0.076 mg/L	0.56 mg/L as AGM	6.8 µg/L as AGM
2. East Bay	0.084 mg/L	0.83 mg/L	4.0 µg/L as AGM
3. Upper Pensacola Bay	0.084 mg/L	0.77 mg/L	6.0 µg/L as AGM
4. Lower Pensacola Bay	0.024 mg/L as AGM	0.48 mg/L as AGM	3.9 µg/L as AGM
5. Santa Rosa Sound	0.022 mg/L as AGM	0.41 mg/L as AGM	3.4 µg/L as AGM
6. Blackwater Bay	0.082 mg/L	0.61 mg/L	11.3 µg/L
(m) Choctawhatchee Bay	For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements.  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. Alaqua Bayou	0.027 mg/L as AGM	0.41 mg/L as AGM	4.0 µg/L as AGM
2. Basin Bayou	0.019 mg/L as AGM	0.31 mg/L as AGM	4.7 µg/L
3. Boggy Bayou	0.015 mg/L as AGM	0.33 mg/L as AGM	3.0 µg/L as AGM
4. East Bay	0.027 mg/L as AGM	0.46 mg/L as AGM	4.4 µg/L as AGM
5. Garnier Bayou	0.017 mg/L as AGM	0.91 mg/L as AGM	4.0 µg/L as AGM
6. LaGrange Bayou	0.029 mg/L as AGM	0.58 mg/L as AGM	5.1 µg/L as AGM
7. Middle Bay	0.020 mg/L as AGM	0.36 mg/L as AGM	3.1 µg/L as AGM
8. Rocky Bayou	0.016 mg/L as AGM	0.33 mg/L as AGM	3.1 µg/L as AGM
9. West Bay	0.049 mg/L as AGM	0.54 mg/L as AGM	4.1 µg/L as AGM
(n) St. Andrew Bay	Criteria for all bay segments are expressed as annual geometric mean values 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. East Bay	0.016 mg/L	0.33 mg/L	3.9 µg/L
2. North Bay	0.014 mg/L	0.28 mg/L	3.1 µg/L
3. St. Andrew Bay	0.019 mg/L	0.34 mg/L	3.7 µg/L
4. West Bay	0.017 mg/L	0.35 mg/L	3.8 µg/L
(o) St. Joseph Bay	Criteria for all bay segments are expressed as annual geometric mean values 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.
St. Joseph Bay	0.021 mg/L	0.34 mg/L	3.8 µg/L
(p) Apalachicola Bay	For bay segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For all other bay segments, the criteria shall not be exceeded in more than 10 percent of the measurements.  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. Apalachicola Bay	0.063 mg/L as AGM	0.84 mg/L as AGM	8.4 µg/L as AGM
2. St. George Sound	0.083 mg/L	0.92 mg/L	6.1 µg/L as AGM
3. East Bay	0.101 mg/L	1.12 mg/L	9.7 µg/L as AGM
4. St. Vincent Sound	0.116 mg/L	1.10 mg/L	17.4 µg/L

(2) Estuarine and marine areas for the Southwest and South Florida estuaries listed in paragraphs 62-302.532(1)(a) – (j), F.A.C., are delineated in the eight maps of the Florida Marine Nutrient Regions, all dated October 19, 2011, which are incorporated by reference. Estuarine and marine areas for the Panhandle estuaries listed in paragraphs 62-302.532(1)(k) – (p), F.A.C., are delineated in the six maps of the Florida Marine Nutrient Regions, dated October 1, 2012, 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(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 7-3-12,   -  -  .

 

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.

 

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: October 9, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 8, 2012