The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for nutrients based on elevated chlorophyll a concentrations in the Pensacola Bay Basin.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:
62-304.330 Pensacola Bay Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for nutrients based on elevated chlorophyll a concentrations in the Pensacola Bay Basin.
SUMMARY: These TMDLs address certain nutrient impairments in the Pensacola Bay Basin. Specifically, the TMDL rules being proposed for adoption are for Bayou Chico (Marine Portion), Judges Bayou (Marine Portion) and North Escambia Bay. These waterbodies were 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 12-1359.
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.
As the actions to restore waterbodies may be dependent upon one another, the estimated costs for Judges Bayou (Marine Portion) and North Escambia Bay were combined into a single SERC.
The Agency has determined that the proposed rule is 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 [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.330  Pensacola Bay Basin TMDLs.

(1) through (9) No change.

(10) North Escambia Bay and Judges Bayou (marine). The total phosphorus (TP) TMDL for the Pensacola Bay estuary required to restore the marine sections of North Escambia Bay and Judges Bayou is 601,345 lbs/year, a 35 percent reduction in TP from the 2002-2009 period to address nutrient impairments. The existing total nitrogen (TN) loading to the Pensacola Bay estuary is 16,795,853 lbs/year, and no reduction is required. The TMDL is allocated as follows:

(a) The WLA for wastewater sources discharging to the lower Escambia River and areas adjacent to the impaired waters is divided between Gulf Power Company (NPDES permit FL0002275), Pace Water System, Inc (NPDES permit FL0102202), and Ascend Performance Materials LLC (NPDES permit FL0002488). The allocation to Gulf Power Company for TP is 2,852 lbs/year and 21,392 lbs/year for TN. The allocation to Pace Water System, Inc. for TP is 3,852 lbs/year and 32,052 lbs/year for TN. The allocation to Ascend Performance Materials, LLC for TP is 5,147 lbs/year and 73,171 lbs/yr for TN.

(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 TP and TN targets which, based on modeled concentrations for the 2002 - 2009 period, will require a 35 percent reduction of TP and a 0 (zero) percent reduction in TN for sources contributing to the nutrient impairment, and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on modeled concentrations from the 2002 to 2009 period, will require a 35 percent reduction of TP and a 0 (zero) percent reduction in TN for sources contributing to the nutrient impairment,

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP have been expressed as the percent reductions or loads 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 required reduction of in-stream TN and TP concentrations.  However, it is not the intent of the TMDL to abate natural background conditions.

(f) The Department will establish the detailed allocation for sources in paragraphs (b) and (c) above, pursuant to paragraph 403.067(6)(b), Florida Statutes.

(11) Bayou Chico (marine). The TMDL for the marine sections of Bayou Chico is a 30 percent reduction in total nitrogen (TN) and a 30 percent reduction for total phosphorus (TP) to address a nutrient 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 and TP targets which, based on modeled concentrations for the 2002-2009 period, will require a 30 percent reduction of both TN and TP for sources contributing to the nutrient impairment, and

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the TN and TP targets which, based on modeled concentrations from the 2002 to 2009 period, will require a 30 percent reduction of both TN and TP for sources contributing to the nutrient impairment.

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP have been expressed as the percent reductions 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 required reduction of in-stream TN and TP concentrations.  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 T. 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