The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Peace River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.625Peace River Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Peace River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Lake Bonny, Lake Hollingsworth, Lake Lena, and Deer Lake will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C., that will supersede the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., for these surface water segments.

SUMMARY: These TMDLs address certain nutrient impairments in the Peace River Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for Lake Bonny (WBID 1497E), Lake Hollingsworth (WBID 1549X), Lake Lena (WBID 1501), and Deer Lake (WBID 1521P). These waterbodies were verified for nutrient impairments due to elevated chlorophyll a concentrations using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop the TMDLs was the percent reduction method. This rulemaking has been given an OGC case number 14-0451.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION: The Agency has determined that this will 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.

Implementation costs associated with these TMDLs for regulated entities are estimated to be approximately $670,000, $1,152,000, $1,510,000, and $211,000 per year, for Lake Bonny, Lake Hollingsworth, Lake Lena, and Deer Lake, respectively.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rules do not require legislative ratification.

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 SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Xueqing Gao, Division of Environmental Assessment and Restoration, Watershed Evaluation and TMDL Section, 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:

 

62-304.625 Peace River Basin TMDLs.

(1) through (12) No change.

(13) Lake Bonny: The nutrient Total Maximum Daily Load (TMDL) for Lake Bonny is an annual in-lake geometric mean concentration of 0.89 mg/L Total Nitrogen (TN) and 0.04 mg/L TP, and is allocated as follows:

(a) The wasteload allocation (WLA) for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES Municipal Separate Storm Sewer System (MS4) Permitting Program is a 64% reduction of TN and a 60% reduction of TP based on mean concentrations from the 2002-2012 period,

(c) The Load Allocation (LA) for nonpoint sources is a 64% reduction of TN and a 60% reduction of TP based on mean concentrations from the 2002-2012 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(14) Lake Hollingsworth: The nutrient TMDL for Lake Hollingsworth is an annual in-lake geometric mean concentration of 0.86 mg/L TN and 0.03 mg/L TP, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 52% reduction of TN and a 57% reduction of TP based on mean concentrations from the 2002-2012 period,

(c) The LA for nonpoint sources is a 52% reduction of TN and a 57% reduction of TP based on mean concentrations from the 2002-2012 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(15) Lake Lena: The nutrient TMDL for Lake Lena is an annual in-lake geometric mean concentration of 1.14 mg/L TN, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 42% reduction of TN based on mean concentrations from the 2003-2012 period,

(c) The LA for nonpoint sources is a 42% reduction of TN based on mean concentrations from the 2003-2012 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(16) Deer Lake: The nutrient TMDL for Deer Lake is an annual in-lake geometric mean concentration of 1.42 mg/L TN, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 12% reduction of TN based on mean concentrations from the 2005-2012 period,

(c) The LA for nonpoint sources is a 12% reduction of TN based on mean concentrations from the 2005-2012 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-1-07, Amended____________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick, Director, Division of Environmental Assessment and Restoration

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 17, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2013