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

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.500Ocklawaha 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 Ocklawaha River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Lake Denham, Lake Weir, and Marshall Lake, will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(90)(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 Ocklawaha River Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for Lake Denham, Lake Weir, and Marshall Lake. 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. This rulemaking has been given an OGC case number 16-1323.

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.

The SERC estimates that there will be no additional costs within one year after the rule becoming effective, but total costs after implementation of the rule are estimated to be $262,000 per year for Lake Denham, $1,117,000 per year for Lake Weir, and $284,000 per year for Marshall Lake, the majority of which is expected to be borne by governmental entities in the watersheds.

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.

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

DATE AND TIME: February 3, 2017, 2:00 p.m.

PLACE: Bob Martinez Center, 2600 Blair Stone Road, Conference 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: Shamyah Gibson, [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: Erin Rasnake, Division of Environmental Assessment and Restoration, Water Quality Evaluation and TMDL Program, 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:

 

62-304.500 Ocklawaha River Basin TMDLs.

(1) through (20) No change.

(21) Lake Denham. The nutrient Total Maximum Daily Load (TMDL) for Lake Denham is a seven-year average of annual loads of 16,468 kilograms per year (kg/year) Total Nitrogen (TN) and 593 kg/year Total Phosphorus (TP), which are intended to achieve an annual geometric mean chlorophyll a concentration of 26.8 µg/L, 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 61% reduction of TN and a 61% reduction of TP based on average concentrations from the 2000-2012 period,

(c) The Load Allocation (LA) for nonpoint sources is a 61% reduction of TN and an 61% reduction of TP based on average loads from the 2000-2012 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.

(22) Lake Weir. The nutrient TMDL for Lake Weir is a seven-year average of annual loads of 27,432 kg/year TN and 1,667 kg/year TP, which are intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color and low alkalinity lakes, 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 19% reduction of TN and a 39% reduction of TP based on average concentrations from the 2000-2012 period,

(c) The LA for nonpoint sources is a 19% reduction of TN and a 39% reduction of TP based on average loads from the 2000-2012 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.

(23) Marshall Lake. The nutrient TMDL for Marshall Lake is a seven-year average of annual loads of 2,046 kg/year TN and 97 kg/year TP, which are intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color and high alkalinity lakes, 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 35% reduction of TN and a 69% reduction of TP based on average concentrations from the 2000-2012 period,

(c) The Load Allocation (LA) for nonpoint sources is a 35% reduction of TN and a 69% reduction of TP based on average loads from the 2000-2012 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.

Rulemaking 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, 2-5-13,               .

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 18, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 6, 2015