The proposed rules establish numeric nutrient criteria (NNC) for total nitrogen, total phosphorus, and chlorophyll a in individual estuary segments for the following estuaries: portions of the Big Bend from Alligator Harbor to the Suwannee Sound, ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

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

PURPOSE AND EFFECT: The proposed rules establish numeric nutrient criteria (NNC) for total nitrogen, total phosphorus, and chlorophyll a in individual estuary segments for the following estuaries:  portions of the Big Bend from Alligator Harbor to the Suwannee Sound, Cedar Key, St. Marys River estuary, Southern Indian River Lagoon, Mosquito Lagoon, several portions of the Intracoastal Waterway (ICWW) connecting estuarine systems, a variety of small gaps between estuaries with adopted NNC, and parameters for estuaries not currently covered by their adopted nutrient Total Maximum Daily Loads (TMDLs), including Upper Escambia Bay, Kings Bay, Lower St. Johns River, Indian River Lagoon, St. Lucie Estuary, and Caloosahatchee Estuary. Nutrient criteria for these estuaries were included in an August 1, 2013 report to the Governor and Legislature. Pursuant to Chapter 2013-71, Laws of Florida, the Legislature directed the Department to establish NNC for these estuaries by rule or final order by December 1, 2014.

SUMMARY: The Department is amending Rule 62-302.532, F.A.C., to establish NNC for total nitrogen, total phosphorus, and chlorophyll a in individual estuary segments for the following estuaries:  portions of the Big Bend from Alligator Harbor to the Suwannee Sound, Cedar Key, St. Marys River estuary, Southern Indian River Lagoon, Mosquito Lagoon, several portions of the Intracoastal Waterway (ICWW) connecting estuarine systems, a variety of small gaps between estuaries with adopted NNC, and parameters for estuaries not currently covered by their adopted nutrient Total Maximum Daily Loads (TMDLs), including Upper Escambia Bay, Kings Bay, Lower St. Johns River, Indian River Lagoon, St. Lucie Estuary, and Caloosahatchee Estuary.

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 62-302.532, 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 a significant effect on other rules of the Department.  The proposed amendments establish estuary-specific NNC, but the NNC are not expected to result in revised permit requirements for existing surface water dischargers.

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.

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: based on an assessment of the estuaries addressed in this rulemaking, there would be no new listings of impaired estuaries due to the proposed numeric nutrient criteria, and as such, there are no costs associated with this rulemaking.

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 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.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: Wednesday, November 19, 2013, 10:00 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, Water Quality Standards Program, 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.  Numeric values listed below for nNutrient and nutrient response values do not apply to wetlands or to tidal tributaries that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions unless specifically provided by name below. 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. The numeric values listed below will be superseded if, pursuant to subsection 62-302.531(2), F.A.C., a more recent numeric interpretation of the narrative nutrient criterion in paragraph 62-302.530(47)(b), F.A.C., such as a Level II Water Quality Based Effluent Limitation (WQBEL), Site Specific Alternative Criterion (SSAC), Total Maximum Daily Load (TMDL), or Reasonable Assurance Demonstration, is established by the Department.

 

 

Estuary		Total Phosphorus	Total Nitrogen		Chlorophyll a
(a) Clearwater Harbor/St. Joseph Sound		Criteria expressed as aAnnual geometric mean (AGM) values are 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. St. Joseph Sound		0.05 mg/L as AGM	0.66 mg/L as AGM		3.1 µg/L as AGM
2. Clearwater North		0.05 mg/L as AGM	0.61 mg/L as AGM		5.4 µg/L as AGM
3. Clearwater South		0.06 mg/L as AGM	0.58 mg/L as AGM		7.6 µg/L as AGM
(b) Tampa Bay		Criteria expressed as ton/million cubic meters of water are aAnnual totals and are not to be exceeded more than once in a three year period. for nutrients and Criteria expressed as annual arithmetic means are arithmetic means and are for chlorophyll a, not to be exceeded more than once in a three year period. For criteria expressed as the long-term average of annual means, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded.  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. Old Tampa Bay		0.23 tons/million cubic meters of water	1.08 tons/million cubic meters of water		9.3 µg/L as annual mean
2. Hillsborough Bay		1.28 tons/million cubic meters of water	1.62 tons/million cubic meters of water		15.0 µg/L as annual mean
3. Middle Tampa Bay		0.24 tons/million cubic meters of water	1.24 tons/million cubic meters of water		8.5 µg/L as annual mean
4. Lower Tampa Bay		0.14 tons/million cubic meters of water	0.97 tons/million cubic meters of water		5.1 µg/L as annual mean
5. Boca Ciega North		0.18 tons/million cubic meters  of water	1.54 tons/million cubic meters  of water		8.3 µg/L as annual mean
6. Boca Ciega South		0.06 tons/million cubic meters  of water	0.97 tons/million cubic meters  of water		6.3 µg/L as annual mean
7. Terra Ceia Bay		0.14 tons/million cubic meters  of water	1.10 tons/million cubic meters  of water		8.7 µg/L as annual mean
8. Manatee River Estuary		0.37 tons/million cubic meters  of water	1.80 tons/million cubic meters  of water		8.8 µg/L as annual mean
9. Alafia River Estuary		0.86 mg/L as long-term average of annual means	See subsection 62-304.605(2), F.A.C.		15 µg/L as long-term average of annual means
(c) Sarasota Bay		Criteria expressed as aAnnual geometric mean (AGM) values for nutrients and annual arithmetic means for chlorophyll a are 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. Palma Sola Bay		0.26 mg/L as AGM	0.93 mg/L as AGM		11.8 µg/L as AGM
2. Sarasota Bay (Total Phosphorus and Chlorophyll a)		0.19 mg/L as AGM	See paragraph 62-302.532(i), F.A.C.		6.1 µg/L as AGM
3. Roberts Bay		0.23 mg/L as AGM	0.54 mg/L as AGM		11.0 µg/L as AGM
4. Little Sarasota Bay		0.21 mg/L as AGM	0.60 mg/L as AGM		10.4 µg/L as AGM
5. Blackburn Bay		0.21 mg/L as AGM	0.43 mg/L as AGM		8.2 µg/L as AGM
(d) Charlotte Harbor/Estero Bay		Criteria expressed as aAnnual arithmetic means values for nutrients and annual arithmetic means for chlorophyll a, are arithmetic means and are not to be exceeded more than once in a three year period. For criteria expressed as long-term averages, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded.  Criteria expressed as annual geometric means (AGM) are not be exceeded more than once in a three year period.  For criteria expressed as not to be exceeded in more than 10 percent of the samples, the criteria shall be assessed over the most recent seven 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. Dona and Roberts Bay		0.18 mg/L as annual mean	0.42 mg/L as annual mean		4.9 µg/L as annual mean
2. Upper Lemon Bay		0.26 mg/L as annual mean	0.56 mg/L as annual mean		8.9 µg/L as annual mean
3. Lower Lemon Bay		0.17 mg/L as annual mean	0.62 mg/L as annual mean		6.1 µg/L as annual mean
4. Charlotte Harbor Proper		0.19 mg/L as annual mean	0.67 mg/L as annual mean		6.1 µg/L as annual mean
5. Pine Island Sound		0.06 mg/L as annual mean	0.57 mg/L as annual mean		6.5 µg/L as annual mean
6. San Carlos Bay		0.045 mg/L as long-term average 0.07 mg/L	0.44 mg/L as long-term average 0.56 mg/L		3.7 µg/L as long-term average 3.5 µg/L
7. Tidal Myakka River		0.31 mg/L as annual mean	1.02 mg/L as annual mean		11.7 µg/L as annual mean
8. Tidal Peace River		0.50 mg/L as annual mean	1.08 mg/L as annual mean		12.6 µg/L as annual mean
9. Matlacha Pass		0.08 mg/L as annual mean	0.58 mg/L as annual mean		6.1 µg/L as annual mean
10. Estero Bay (including Tidal Imperial River)		0.07 mg/L as annual mean	0.63 mg/L as annual mean		5.9 µg/L as annual mean
11. Little Hickory Bay		0.070 mg/L as AGM	0.63 mg/L as AGM		5.9 µg/L as AGM
12. Water Turkey Bay		0.057 mg/L as AGM	0.47 mg/L as AGM		5.8 µg/L as AGM
13. Moorings Bay		0.040 mg/L, not to be exceeded in more than ten percent of the samples	0.85 mg/L, not to be exceeded in more than ten percent of the samples		8.1 µg/L as AGM
14. Upper Caloosahatchee River Estuary		0.086 mg/L as long-term average	See subsection 62-304.800(2), F.A.C.		4.2 µg/L as long-term average
15. Middle Caloosahatchee River Estuary		0.055 mg/L as long-term average	See subsection 62-304.800(2), F.A.C.		6.5 µg/L as long-term average
16. Lower Caloosahatchee River Estuary		0.040 mg/L as long-term average	See subsection 62-304.800(2), F.A.C.		5.6 µg/L as long-term average
(e) Tidal Cocohatchee River/Ten Thousand Islands		Criteria expressed as aAnnual geometric means (AGM) are that shall not to be exceeded more than once in a three year period.
1. Tidal Cocohatchee River		0.057 mg/L as AGM	0.47 mg/L as AGM		5.8 µg/L as AGM
2. Collier Inshore		0.032 mg/L as AGM	0.25 mg/L as AGM		3.1 µg/L as AGM
3. Rookery Bay/Marco Island		0.046 mg/L as AGM	0.30 mg/L as AGM		4.9 µg/L as AGM
4. Naples Bay		0.045 mg/L as AGM	0.57mg/L as AGM		4.3 µg/L as AGM
5. Inner Gulf Shelf		0.018 mg/L as AGM	0.29 mg/L as AGM		1.6 µg/L as AGM
6. Middle Gulf Shelf		0.016 mg/L as AGM	0.26 mg/L as AGM		1.4 µg/L as AGM
7. Outer Gulf Shelf		0.013 mg/L as AGM	0.22 mg/L as AGM		1.0 µg/L as AGM
8. Blackwater River		0.053 mg/L as AGM	0.41 mg/L as AGM		4.1 µg/L as AGM
9. Coastal Transition Zone		0.034 mg/L as AGM	0.61 mg/L as AGM		3.9 µg/L as AGM
10. Gulf Islands		0.038 mg/L as AGM	0.44 mg/L as AGM		3.4 µg/L as AGM
11. Inner Waterway		0.033 mg/L as AGM	0.69 mg/L as AGM		5.2 µg/L as AGM
12. Mangrove Rivers		0.021 mg/L as AGM	0.71 mg/L as AGM		3.7 µg/L as AGM
13. Ponce de Leon		0.024 mg/L as AGM	0.52 mg/L as AGM		3.0 µg/L as AGM
14. Shark River Mouth		0.022 mg/L as AGM	0.75 mg/L as AGM		2.2 µg/L as AGM
15. Whitewater Bay		0.026 mg/L as AGM	0.82 mg/L as AGM		4.1 µg/L as AGM
(f) Florida Bay		Criteria expressed as aAnnual geometric means (AGM) are that shall not to be exceeded more than once in a three year period.
1. Central Florida Bay		0.019 mg/L as AGM	0.99 mg/L as AGM		2.2 µg/L as AGM
2. Coastal Lakes		0.045 mg/L as AGM	1.29 mg/L as AGM		9.3 µg/L as AGM
3. East Central Florida Bay		0.007 mg/L as AGM	0.65 mg/L as AGM		0.4 µg/L as AGM
4. Northern Florida Bay		0.010 mg/L as AGM	0.68 mg/L as AGM		0.8 µg/L as AGM
5. Southern Florida Bay		0.009 mg/L as AGM	0.64 mg/L as AGM		0.8 µg/L as AGM
6. Western Florida Bay		0.015 mg/L as AGM	0.37 mg/L as AGM		1.4 µg/L as AGM
(g) Florida Keys		Criteria expressed as aAnnual geometric means (AGM) are that shall not to be exceeded more than once in a three year period.
1. Back Bay		0.009 mg/L as AGM	0.25 mg/L as AGM		0.3 µg/L as AGM
2. Backshelf		0.011 mg/L as AGM	0.23 mg/L as AGM		0.7 µg/L as AGM
3. Lower Keys		0.008 mg/L as AGM	0.21 mg/L as AGM		0.3 µg/L as AGM
4. Marquesas		0.008 mg/L as AGM	0.21 mg/L as AGM		0.6 µg/L as AGM
5. Middle Keys		0.007 mg/L as AGM	0.22 mg/L as AGM		0.3 µg/L as AGM
6. Oceanside		0.007 mg/L as AGM	0.17 mg/L as AGM		0.3 µg/L as AGM
6. Oceanside		0.007 mg/L	0.17 mg/L		0.3 µg/L
7. Upper Keys		0.007 mg/L as AGM	0.18 mg/L as AGM		0.2 µg/L as AGM
(h) Biscayne Bay		Criteria expressed as aAnnual geometric means (AGM) are that shall not to be exceeded more than once in a three year period.
1. Card Sound		0.008 mg/L as AGM	0.33 mg/L as AGM		0.5 µg/L as AGM
2. Manatee Bay – Barnes Sound		0.007 mg/L as AGM	0.58 mg/L as AGM		0.4 µg/L as AGM
3. North Central Inshore		0.007 mg/L as AGM	0.31 mg/L as AGM		0.5 µg/L as AGM
4. North Central Outer-Bay		0.008 mg/L as AGM	0.28 mg/L as AGM		0.7 µg/L as AGM
5. Northern North Bay		0.012 mg/L as AGM	0.30 mg/L as AGM		1.7 µg/L as AGM
6. South Central Inshore		0.007 mg/L as AGM	0.48 mg/L as AGM		0.4 µg/L as AGM
7. South Central Mid-Bay		0.007 mg/L as AGM	0.35 mg/L as AGM		0.2 µg/L as AGM
8. South Central Outer-Bay		0.006 mg/L as AGM	0.24 mg/L as AGM		0.2 µg/L as AGM
9. Southern North Bay		0.010 mg/L as AGM	0.29 mg/L as AGM		1.1 µg/L as AGM
(i) Sarasota Bay (Total Nitrogen)		No change.
(j) No change.
(k) Perdido Bay		For bay segments with cCriteria expressed as annual geometric means (AGM) are the values shall not to 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 and shall be assessed over the most recent seven 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. thru 4. No change.
(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 criteria expressed as the long-term average of annual means, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded.  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. through 6. No change.
7. Upper Escambia Bay		See subsection 62-304.330(10), F.A.C.	See subsection 62-304.330(10), F.A.C.		7.4 µg/L as long-term average of annual means
(m) No change.
(n) St. Andrew Bay	Criteria for all bay segments are expressed as annual geometric mean (AGM) 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 as AGM		0.33 mg/L as AGM		3.9 µg/L as AGM
2. North Bay	0.014 mg/L as AGM		0.28 mg/L as AGM		3.1 µg/L as AGM
3. St. Andrew Bay	0.019 mg/L as AGM		0.34 mg/L as AGM		3.7 µg/L as AGM
4. West Bay	0.017 mg/L as AGM		0.35 mg/L as AGM		3.8 µg/L as AGM
5. Crooked Island Sound	0.019 mg/L as AGM		0.34 mg/L as AGM		3.7 µg/L as AGM
(o) St. Joseph Bay	Criteria for all bay segments are expressed as annual geometric mean (AGM) 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 as AGM		0.34 mg/L as AGM		3.8 µg/L as AGM
(p) Apalachicola Bay and Alligator Harbor	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 and shall be assessed over the most recent seven 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 4. No change.
5. Apalachicola Offshore	0.032 mg/L		0.57 mg/L		8.2 µg/L
6. Alligator Harbor	0.028 mg/L as AGM		0.42 mg/L as AGM		6.0 µg/L as AGM
(q) Loxahatchee River Estuary	For estuary 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 estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.
1. through 3. No change.
4. Loxahatchee River Estuary (Southwest Fork)	0.075 mg/L as AGM		1.26 mg/L as AGM		5.5 µg/L as AGM
(r) No change.
(s) Halifax River Estuary and Tomoka River Estuary	For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period.  Criteria expressed as annual means are not to be exceeded in any year.
1. Lower Halifax River Estuary	0.142 mg/L as AGM		0.72 mg/L as AGM		6.2 µg/L as AGM
2. Upper Halifax River Estuary	See subsection 62-304.435(5), F.A.C.		See subsection 62-304.435(5), F.A.C.		9.0 µg/L as annual mean
3. Tomoka River Estuary	0.132 mg/L as AGM		1.24 mg/L as AGM		7.2 µg/L as AGM
4. Tomoka Basin	0.105 mg/L as AGM		1.20 mg/L as AGM		7.1 µg/L as AGM
(t) Guana River/Tolomato River/Matanzas River (GTM) Estuary	Criteria for all estuary segments are expressed as annual geometric mean values (AGM) not to be exceeded more than once in a three year period.
1. through 3. No change.
4. Pellicer Creek Estuary	0.123 mg/L as AGM		1.10 mg/L as AGM		4.3 µg/L as AGM
(u) No change.
(v) Suwannee, Waccasassa, and Withlacoochee River Estuaries	For estuary segments with criteria expressed as single value annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. For estuary segments with criteria expressed as a salinity dependent equation, the annual nutrient criteria are expressed as annual geometric means applied to individual monitoring stations by solving the applicable equation below using the annual arithmetic average salinity (AASal) in practical salinity units (PSU) for the station. The AASal shall be calculated as the annual mean of the salinity measurements for each station made in conjunction with the collection of the nutrient samples. For criteria expressed as a salinity dependent dependant equation, no more than 10 percent of the monitoring stations within the segment shall exceed the limit (expressed as AGM) on an annual basis, more than once in a three year period.
1. through 3. No change.
(w) Springs Coast (Crystal River to Anclote River)	For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period.
1. through 15. No change.
16. Anclote Bayou		0.063 mg/L as AGM		0.65 mg/L as AGM		3.8 µg/L as AGM
17. Kings Bay		See subsection 62-304.645(17), F.A.C.		See subsection 62-304.645(17), F.A.C.		5.7 µg/L as AGM
(x) Big Bend and Apalachee 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 and shall be assessed over the most recent seven 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. Ochlockonee River Estuary		0.067 mg/L		0.86 mg/L		9.2 µg/L
2. Ochlockonee/Alligator Harbor Offshore		0.032 mg/L	0.57 mg/L		8.2 µg/L
3. St. Marks River Estuary		0.044 mg/L	0.70 mg/L		6.0 µg/L
4. St. Marks Offshore		0.045 mg/L	0.63 mg/L		8.0 µg/L
5. Aucilla River Estuary		0.080 mg/L	0.89 mg/L		2.2 µg/L
6. Aucilla Offshore		0.025 mg/L	0.60 mg/L		9.5 µg/L
7. Econfina River Estuary		0.101 mg/L as AGM	1.14 mg/L as AGM		4.9 µg/L as AGM
8. Econfina Offshore		0.042 mg/L as AGM	0.65 mg/L as AGM		3.7 µg/L as AGM
9. Fenholloway River Estuary		839 lbs/day, as an annual average, based on Level II WQBEL	5,573 lbs/day, as an annual average, based on Level II WQBEL		4.6 µg/L as AGM
10. Fenholloway Offshore		0.059 mg/L as AGM	0.68 mg/L as AGM		4.1 µg/L as AGM
11. Spring Warrior Offshore		0.047 mg/L	0.67 mg/L		8.3 µg/L
12. Steinhatchee River Estuary		0.062 mg/L as AGM	0.86 mg/L as AGM		3.9 µg/L as AGM
13. Steinhatchee Offshore		0.021 mg/L as AGM	0.45 mg/L as AGM		3.3 µg/L as AGM
14. Horseshoe Beach Offshore		0.017 mg/L as AGM	0.41 mg/L as AGM		2.1 µg/L as AGM
15. Cedar Key		0.060 mg/L as AGM	0.79 mg/L as AGM		10.9 µg/L as AGM
(y) Intracoastal Waterway (ICWW)		For ICWW segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period. Criteria expressed as kg/year and annual means are not to be exceeded in any year.  For all other ICWW segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.
1. Gulf ICWW between Choctawhatchee Bay and St. Andrew Bay		0.108 mg/L	1.13 mg/L		6.6 µg/L
2. Gulf ICWW between St. Andrew Bay and St. Joseph Bay		0.108 mg/L	1.13 mg/L		6.6 µg/L
3. ICWW between Roberts Bay and Lemon Bay		0.253 mg/L as AGM	0.59 mg/L as AGM		4.0 µg/L as AGM
4. Central Broward County ICWW		0.045 mg/L as AGM	0.80 mg/L as AGM		2.7 µg/L as AGM
5. North Broward County ICWW		0.059 mg/L as AGM	0.79 mg/L as AGM		3.0 µg/L as AGM
6. North Central Broward County ICWW		0.048 mg/L as AGM	0.88 mg/L as AGM		3.3 µg/L as AGM
7. South Broward County ICWW		0.043 mg/L as AGM	0.70 mg/L as AGM		2.0 µg/L as AGM
8. Palm Beach County ICWW		0.146 mg/L	1.17 mg/L		13.4 µg/L
9. ICWW between North Lake Worth Lagoon and Lower Loxahatchee River		0.035 mg/L as AGM	0.66 mg/L as AGM		4.7 µg/L as AGM
10. ICWW Palm Coast		73,142 kg/year	798,913 kg/year		4.5 µg/L as annual mean
11. ICWW from north Tolomato River to St. Johns River		0.191 mg/L as AGM	1.27 mg/L		10.2 µg/L
(z) St. Lucie Estuary		For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period.  For criteria expressed as long-term averages, the long-term average shall be based on data from the most recent seven-year period and shall not be exceeded.
1. St. Lucie Estuary		See subsection 62-304.705 (1), F.A.C.	See subsection 62-304.705 (1), F.A.C.		5.9 µg/L as AGM
2. Upper North Fork St. Lucie River		See subsection 62-304.705 (2), F.A.C.	See subsection 62-304.705 (2), F.A.C.		6.7 µg/L as AGM
3. Lower North Fork St. Lucie River		See subsection 62-304.705 (3), F.A.C.	See subsection 62-304.705 (3), F.A.C.		7.4 µg/L as AGM
4. Lower South Fork St. Lucie River		See subsection 62-304.705 (6), F.A.C.	See subsection 62-304.705 (6), F.A.C.		6.7 µg/L as AGM
5. Upper South Fork St. Lucie River		See subsection 62-304.705 (7), F.A.C.	See subsection 62-304.705 (7), F.A.C.		5.0 µg/L as AGM
6. Manatee Creek		0.081 mg/L as long-term average	0.72 mg/L as long-term average		5.9 µg/L as AGM
(aa) Indian River Lagoon,  Banana River Lagoon, and Mosquito Lagoon		For estuary 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 estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.
1. Indian River Lagoon between Loxahatchee River up to and including Hobe Sound		0.021 mg/L as AGM	0.49 mg/L as AGM		2.0 µg/L as AGM
2. Indian River Lagoon between Hobe Sound and St. Lucie		0.060 mg/L as AGM	0.63 mg/L as AGM		6.9 µg/L
3. Indian River Lagoon from St. Lucie Estuary to Ft. Pierce Inlet		0.070 mg/L as AGM	0.72 mg/L as AGM		4.7 µg/L as AGM
4. Indian River Lagoon from Ft. Pierce Inlet to Indian River County Line		0.070 mg/L as AGM	0.72 mg/L as AGM		4.7 µg/L as AGM
5. Central Indian River Lagoon		See subsections 62-304.520(7) and (8), F.A.C.	See subsections 62-304.520(7) and (8), F.A.C.		5.9 µg/L as AGM
6. North Indian River Lagoon		See subsections 62-304.520(3) - (6), F.A.C.	See subsections 62-304.520(3) - (6), F.A.C.		6.4 µg/L as AGM
7. Sebastian River Estuary		63,991 pounds/year, not to be exceeded in any year	323,382 pounds/year, not to be exceeded in any year		6.0 µg/L as AGM
8. Banana River Lagoon		See subsections 62-304.520(9) and (10), F.A.C.	See subsections 62-304.520(9) and (10), F.A.C.		7.3 µg/L as AGM
9.  Newfound Harbor		See subsection 62-304.520(11), F.A.C.	See subsection 62-304.520(11), F.A.C.		7.3 µg/L as AGM
10. Sykes Creek Estuary		See subsection 62-304.520(13), F.A.C.	See subsection 62-304.520(13), F.A.C.		7.3 µg/L as AGM
11. Mosquito Lagoon: Oak Hill to the Southern Terminus		0.034 mg/L as AGM	1.14 mg/L as AGM		2.5 µg/L as AGM
12. Mosquito Lagoon: Edgewater to Oak Hill		0.048 mg/L as AGM	0.65 mg/L as AGM		3.4 µg/L as AGM
13. Mosquito Lagoon: Ponce de Leon to Edgewater		0.049 mg/L as AGM	0.51 mg/L as AGM		4.0 µg/L as AGM
(bb) Lower St. Johns River and Tributaries (predominantly marine)		For estuary segments with criteria expressed as annual geometric means (AGM), the values shall not be exceeded more than once in a three year period.  Criteria expressed as annual means are not to be exceeded in any year.
Lower St. Johns River and Tributaries (predominantly marine)		722,834 kilograms/year	See subsection 62-304.415(2), F.A.C.		5.4 µg/L as annual mean
(cc) St. Marys River		For estuary 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 estuary segments, the criteria shall not be exceeded in more than 10 percent of the measurements and shall be assessed over the most recent seven year period.
1. Lower St. Marys River		0.181 mg/L	0.77 mg/L as AGM		12.9 µg/L
2. Middle St. Marys River		0.113 mg/L as AGM	1.12 mg/L as AGM		8.0 µg/L
3. Upper St. Marys River		0.093 mg/L as AGM	1.35 mg/L as AGM		3.0 µg/L as AGM

 

(2) No change.

(3) Estuarine and marine areas for the estuaries listed in subsection 62-302.532(1), F.A.C., are delineated in the maps of the Florida Estuary Nutrient Regions, dated October 2014, 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, dated May 13, 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03020), 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 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03021), which are incorporated by reference. Estuarine and marine areas for the estuaries listed in paragraphs 62-302.532(1)(q)-(w), F.A.C., are delineated in the seven maps of the Florida Marine Nutrient Regions, dated May 13, 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03022), which are incorporated by reference herein. Copies of these maps may be obtained by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(4) The Department shall 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. Andrews Bay, Choctawhatchee Bay, and Apalachicola Bay by June 30, 2013, subject to the provisions of Chapter 120, F.S. The Department shall establish by rule or final order the estuary specific numeric interpretation of the narrative nutrient criteria for TN and TP for the remaining estuaries by June 30, 2015, subject to the provisions of Chapter 120, F.S.

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, Amended 12-20-12, 8-1-13, 8-20-13,__________.

 

Editorial Note: Paragraphs 62-302.532(1)(a)-(j) became effective on 7-3-12, and paragraphs 62-302.532(1)(k)-(p) became effective on 12-20-12, 20 days after filing the rule certification packages for these numeric nutrient criteria. In accordance with Section 4 of 2013-71, Laws of Florida, and subsection 62-302.531(9), F.A.C., paragraphs 62-302.532(1)(q)-(w), subsections 62-302.532(2) and (4), and the maps delineating these Florida Estuary Marine Nutrient Regions in subsection 62-302.532(3) 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.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: July 17, 2014