Definitions, Exceedances of Aquatic Life-Based Water Quality Criteria, Primary Contact and Recreation Use Support, Fish and Shellfish Consumption Use Support, Drinking Water Use Support and Protection of Human Health, Exceedances of Aquatic Life-...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Departmental

RULE NO: RULE TITLE
62-303.200: Definitions
62-303.320: Exceedances of Aquatic Life-Based Water Quality Criteria
62-303.360: Primary Contact and Recreation Use Support
62-303.370: Fish and Shellfish Consumption Use Support
62-303.380: Drinking Water Use Support and Protection of Human Health
62-303.420: Exceedances of Aquatic Life-Based Water Quality Criteria
62-303.450: Interpretation of Narrative Nutrient Criteria
62-303.460: Primary Contact and Recreation Use Support
62-303.470: Fish and Shellfish Consumption Use Support
62-303.480: Drinking Water Use Support and Protection of Human Health
62-303.720: Delisting Procedure

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 32 No. 31, August 4, 2006 issue of the Florida Administrative Weekly.

CHAPTER 62-303

IDENTIFICATION OF IMPAIRED SURFACE WATERS

PART I GENERAL

62-303.200 Definitions.

As used in this chapter:

(1) No change.

(2) “BioRecon” shall mean a biological evaluation conducted in accordance with standard operating procedures (SOPs) FT 3000, FS 7410, and LT 7100, as promulgated in Rule Chapter 62-160.800, F.A.C.

(3) through (21) No change.

(22) “Stream Condition Index” shall mean a biological evaluation conducted in accordance with SOPs FT 3000, FS 7420, and LT 7200, as promulgated in Rule Chapter 62-160.800, F.A.C.

(23) through (30) No change.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

PART II THE PLANNING LIST

62-303.320 Aquatic Life-Based Water Quality Criteria Assessment.

(1) Water segments shall be placed on the planning list if, using objective and credible data, as defined by the requirements specified in this section, the number of samples that do not meet an applicable water quality criterion due to pollutant discharges is greater than or equal to the number listed in Table 1 for the given sample size.  For sample sizes up to 500, waters are placed on the planning list when 10% or more of the samples do not meet the applicable criteria with a minimum of an 80% confidence level using a binomial distribution. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed to list the waterbody with an 80% confidence level for the given sample size using the binomial distribution.

Table 1: No change.

(2) No change.

(3) Unless information presented to the Department demonstrates otherwise, data older than ten years at the time the water segment is proposed for listing on the planning list are not representative of current conditions and shall not be used to develop planning lists, except to evaluate historical trends in chlorophyll a or TSIs.  Any determinations by the Department to use data older than 10 years shall be documented, and the documentation shall include the basis for the decision that the data are representative of current conditions. Further, more recent data shall take precedence over older data if:

(a) through (b) No change.

(4) To place a water segment on the planning list using Table 1, a water segment  shall have a minimum of ten samples for the ten-year period, with at least five temporally independent samples. To be treated as a temporally independent sample, samples shall be at least one week apart, regardless whether the samples are collected at different locations within the segment.

(a) through (c) No change.

(d) In making the determination to list water segments, the Department shall consider ambient background conditions, including seasonal and other natural variations.

(5) No change.

(6) Notwithstanding the requirements of paragraph (4), water segment shall be included on the planning list if:

(a) No change.

(b) There are more than one sample does not meet exceedance of an acute toxicity-based water quality criterion listed in Chapter 62-302.530, F.A.C., or a water quality criterion for a synthetic organic compound or synthetic pesticide in any three year period.

(7) through (11) No change.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

62-303.360 Primary Contact and Recreation Use Support.

(1) A Class I, II, or III water shall be placed on the planning list for evaluating primary contact and recreation use support if:

(a) through (d) No change.

(e) The water segment includes a sampling location that has two or more monthly geometric mean average values above the monthly geometric mean average fecal coliform or enterococci criterion during the planning period. To calculate a monthly average value for a sampling location, which shall be calculated as a geometric mean, there shall be at least five ten samples collected within that month, with at least one sample from each full week of the month, or.

(f) The water segment includes a sampling location that exceeds 400 counts per 100 ml in more than ten percent of the samples collected in at least two different months during the planning period. To assess the monthly data for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month.

(2) When evaluating a water segment for bacteriological quality under subparagraph (1)(a), the criterion used for fecal coliforms shall be that the Most Probable Number (MPN) or Membrane Filter (MF) shall not exceed 400 counts per 100 ml.

(3) through (4) No change.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

62-303.370 Fish and Shellfish Consumption Use Support.

A Class I, II, or III water shall be placed on the planning list for fish and shellfish consumption if:

(1) through (2) No change.

(3) For Class II waters, the water segment includes an area that is has been classified by the Department of Agriculture and Consumer Services’ Shellfish Environmental Evaluation and Assessment Section (SEAS) in one of the following shellfish harvesting classifications:

(a) through (c) No change.

(4) No change.

(5) When evaluating a water segment for bacteriological quality under paragraph (1), the criterion in Rule 62-302.530(6), F.A.C. used for fecal coliform shall be that the MPN or MF shall not exceed 43 counts per 100 ml.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

62-303.380 Drinking Water Use Support and Protection of Human Health.

(1) A Class I water shall be placed on the planning list for drinking water use support if:

(a) through (b) No change.

(c) The water segment includes a sampling location that has two or more monthly geometric mean average values above the monthly geometric mean average fecal coliform criterion during the planning period. To calculate a monthly geometric mean average value for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month.

(2) through (3) No change.

(a) through (b) No change.

(4) The water segment includes a sampling location that exceeds 400 counts per 100 ml in more than ten percent of the samples collected in at least two different months during the planning period. To assess the monthly data for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month. When evaluating a water segment for bacteriological quality under subparagraph (1)(a), the criterion used for fecal coliforms shall be that the MPN or MF shall not exceed 400 counts per 100 ml.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

PART III THE VERIFIED LIST

62-303.420 Aquatic Life-Based Water Quality Criteria Assessment.

(1) The Department shall reexamine the data used in Rule 62-303.320, F.A.C., to determine whether water quality criteria are met.

(a) If values exceeding the criteria are not due to pollutant discharges or reflect natural background conditions, including seasonal or other natural variations, the water shall not be listed on the verified list.  In such cases, the Department shall note for the record why the water was not listed and provide the basis for its determination that the exceedances were not due to pollutant discharges.

(b) No change.

(2) through (4) No change.

(5) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors, outliers the Department determines are not valid measures of water quality, water quality criteria exceedances due solely to violations of specific effluent limitations contained in state permits authorizing discharges to surface waters, water quality criteria exceedances within permitted mixing zones for those parameters for which the mixing zones are in effect, and water quality data collected following contaminant spills, discharges due to upsets or bypasses from permitted facilities, or rainfall in excess of the 25-year, 24-hour storm, shall be excluded from the assessment carried out under this rule. However, the Department shall note for the record that the data were excluded and explain why they were excluded.

(6) No change.

(7)  Not withstanding the requirements of paragraph (2), water segments shall also be included on the verified list if, based on representative data collected and analyzed in accordance with Chapter 62-160, F.A.C.:

(a) No change.

(b) Scientifically credible and compelling information regarding the magnitude, frequency, or duration of samples that do not meet an applicable water quality criterion that provides overwhelming evidence of impairment. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision.

(c) No change.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

62-303.450 Interpretation of Narrative Nutrient Criteria.

(1) A water shall be placed on the verified list for impairment due to nutrients if there are sufficient data from the last five years preceding the planning list assessment, combined with historical data (if needed to establish historical chlorophyll a levels or historical TSIs), to meet the data sufficiency requirements of rule 62-303.350(2).  If there are insufficient data, additional data shall be collected as needed to meet the requirements. Once these additional data are collected, the Department shall determine if there is sufficient information to develop a site-specific threshold that better reflects conditions beyond which an imbalance in flora or fauna occurs in the water segment.  If there is sufficient information, the Department shall re-evaluate the data using the site-specific thresholds.  If there is insufficient information, the Department shall re-evaluate the data using the thresholds provided in Rules 62-303.351-.353, F.A.C., for streams, lakes, and estuaries, respectively, or alternative, site-specific thresholds that more accurately reflect conditions beyond which an imbalance in flora or fauna occurs in the water segment. In any case, the Department shall limit its analysis to the use of data collected during the five years preceding the planning list assessment and the additional data collected in the second phase. If alternative thresholds are used for the analysis, the Department shall provide the thresholds for the record and document how the alternative threshold better represents conditions beyond which an imbalance in flora or fauna is expected to occur. 

(2) No change.

(3) The thresholds for impairment due to nutrients impairment used under this section are not required to be used during development of wasteload allocations or TMDLs.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

62-303.460 Primary Contact and Recreation Use Support.

(1) through (2) No change.

(3)  Water segments shall be included on the verified list if:

(a) The number of samples that do not meet the applicable single-sample bacteriological water quality criteria that are not stated as monthly averages meet the requirements in subsection 62-303.420(6), F.A.C. or

(b) There are two or more exceedances of a bacteriological water quality criterion expressed as a monthly geometric mean average during a calendar year or more than four exceedances of a monthly geometric mean average criterion over the verified period, or,

(c)  There are two or more months during a calendar year or more than four months during the verified period in which greater than 10 percent of the samples at a given station exceed 400 counts per 100 ml.

(d)  As to paragraphs (3)(b) and (c) above, to assess the monthly data for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

62-303.470 Fish and Shellfish Consumption Use Support.

(1) through (2) No change.

(3) Class II waters shall be included on the verified list for coliform impairment if, following review of the available data as described in subsection 62-303.460(2), F.A.C.

(a) The number of samples above 43 counts per 100 ml that do not meet the applicable single-sample criteria meet the requirement in subsection 62-303.420(6), F.A.C., or,

(b) No change.

(4) No change.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

62-303.480 Drinking Water Use Support and Protection of Human Health.

If the water segment was listed on the planning list due to exceedances of a human health-based water quality criterion and there were insufficient data from the last five years preceding the planning list assessment to meet the data sufficiency requirements of Section 303.320(4), F.S., additional data will be collected as needed to meet the requirements.  Once these additional data are collected, the Department shall re-evaluate the data using the methodology in subsection 62-303.380(2), F.A.C., and limit the analysis to data collected during the five years preceding the planning list assessment, the additional data collected pursuant to this paragraph (not to include data older than 7.5 years), and data older than 7.5 years if it is demonstrated to be representative of current conditions.  Any determinations to use older data shall be documented by the Department, and the documentation shall provide the basis for the decision that the data are representative of current conditions.  For this analysis, the Department shall exclude any data meeting the requirements of subsection 62-303.420(5), F.A.C. The following water segments shall be listed on the verified list:

(1) For human health-based criteria expressed a maximums, water segments that meet the requirements in  subsection 62-303.420(6)(7), F.A.C., or

(2) No change.

(3) For bacteriological water quality criteria, water segments shall be included on the verified list if:

(a) The number of samples that do not meet the applicable single-sample bacteriological water quality criteria meet the requirements in subsection 62-303.420(6), F.A.C.

(b) There are two or more exceedances of a bacteriological water quality criterion expressed as a monthly geometric mean during a calendar year or more than four exceedances of the monthly criterion over the verified period, or

(c) There are two or more months during a calendar year or more than four months during the verified period in which greater than 10 percent of the samples at a given station exceed 400 counts per 100 ml.

(d) As to paragraphs (3)(b) and (c) above, to assess the monthly data for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.

 

PART IV MISCELLANEOUS PROVISIONS

62-303.720 Delisting Procedure.

(1) No change.

(2) Water segments shall be removed from the State’s verified list only after completion of a TMDL for all pollutants causing impairment of the segment or upon demonstration that the water meets the water quality standard that was previously established as not being met.

(a) through (f) No change.

(g) For waters listed pursuant to paragraphs 62-303.460(3)(b) and (c), or 62-303.480(3)(b) and (c), F.A.C., based on a monthly average or median water quality criteria for bacteriological quality, the water shall be delisted when the criteria applicable to those sections are met for three consecutive years.  For waters listed pursuant to paragraphs 62-303.460(3)(b) and (c), or 62-303.480(3)(b) and (c), F.A.C., based on a monthly average criterion, there shall be sufficient data available to calculate monthly average values for at least the same seasons in which the exceedances occurred.

(h) through (k) No change.

(3) No change.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended________.