The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL) and its allocation for nutrients, which has caused impairment in Silver Springs, the Silver Springs Group, and the Upper Silver River within the Oklawaha River Basin.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:
62-304.500Ocklawaha Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL) and its allocation for nutrients, which has caused impairment in Silver Springs, the Silver Springs Group, and the Upper Silver River within the Oklawaha River Basin.
SUMMARY: The new TMDL addresses nutrient impairments in the Oklawaha River Basin. Specifically, the TMDL rule being proposed for adoption is for Silver Springs, the Silver Springs Group and the Upper Silver River. These waterbodies were verified as impaired for nutrients using the methodology established in Chapter 62-303, F.A.C. The proposed nitrate (nitrate+nitrite as N) target of 0.35 mg/L was set to meet the nutrient criterion. This rulemaking has been given OGC Case Number 12-1419.
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 the proposed TMDL to assist in the determination of whether any costs are incurred as a result of the TMDL, and if so, how much.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.
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: December 18, 2012, 1:30 p.m.
PLACE: Florida Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Room 609, 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 48 hours before the workshop/meeting by contacting: Ms. Linda Godwin 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: Richard Hicks, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, Mail Station 3575, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.500 Ocklawaha River Basin TMDLsS.

(1) through (19) No change.

(20) Silver Springs, Silver Springs Group and Upper Silver River.  The nitrate TMDL is an in-stream monthly arithmetic mean concentration of 0.35 mg/L and is allocated as follows:

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

(b) The Wasteload Allocation for surface water discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program 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 2000-2011 period, will require a 79 percent reduction of nitrate.

(c) The Load Allocations 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 2000-2011 period, will require a 79 percent reduction of nitrate.

(d) The Margin of Safety is implicit.

Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 8-14-03, Amended 12-3-03, 5-25-04, 6-12-06,_________.

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: November 9, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2011