The purpose of the rule is to adopt a Total Maximum Daily Loads (TMDL), and its allocations, for nutrients to address low dissolved oxygen in the Pensacola Bay Basin.  

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    DEPARTMENT OF ENVIRONMENTAL PROTECTION

    RULE NO.:RULE TITLE:
    62-304.330Pensacola Bay Basin TMDLs
    PURPOSE AND EFFECT: The purpose of the rule is to adopt a Total Maximum Daily Loads (TMDL), and its allocations, for nutrients to address low dissolved oxygen in the Pensacola Bay Basin.
    SUMMARY: This TMDL addresses certain dissolved oxygen impairments in the Pensacola Bay Basin. Specifically, the TMDL rule being proposed for adoption is for Judges Bayou (freshwater). This waterbody was verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop these TMDLs was the percent reduction method. This rulemaking has been given an OGC case number 12-1680.
    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 this 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 SCHEDULED AND ANNOUNCED IN THE FAR.
    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8448

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    62-304.330  Pensacola Bay Basin TMDLs.

    (1) through (8) No change.

    (9) Judges Bayou (freshwater). The TMDL for the freshwater sections of Judges Bayou is a 74 percent reduction in total nitrogen (TN) to address a dissolved oxygen impairment, and is allocated as follows:

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

    (b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on reference stream concentrations for the 2003-2010 period, will require a 74 percent reduction of TN for sources contributing to the dissolved oxygen impairment, and

    (c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN target which, based on reference stream concentrations from the 2003 to 2010 period, will require a 74 percent reduction of TN for sources contributing to the dissolved oxygen impairment.

    (d) The Margin of Safety is implicit.

    (e) While the LA and WLA for TN has been expressed as the percent reductions needed to attain the applicable Class III dissolved oxygen criterion, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream TN concentration. However, it is not the intent of the TMDL to abate natural background conditions.

    Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 11-14-12,__________.


    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 19, 2012
    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2011

Document Information

Comments Open:
11/30/2012
Summary:
This TMDL addresses certain dissolved oxygen impairments in the Pensacola Bay Basin. Specifically, the TMDL rule being proposed for adoption is for Judges Bayou (freshwater). This waterbody was verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop these TMDLs was the percent reduction method. This rulemaking has been given an OGC case number 12-1680.
Purpose:
The purpose of the rule is to adopt a Total Maximum Daily Loads (TMDL), and its allocations, for nutrients to address low dissolved oxygen in the Pensacola Bay Basin.
Rulemaking Authority:
403.061, 403.067 FS.
Law:
403.061, 403.062, 403.067 FS.
Contact:
Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8448
Related Rules: (1)
62-304.330. Pensacola Bay TMDLs