The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Ochlockonee 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:

62-304.305Ochlockonee 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 Ochlockonee River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Lake Tallavana and Lake Talquin will constitute a 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 Ochlockonee River Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for Lake Talquin and Lake Tallavana. 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 OGC case number 16-0219.

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 $5,001,849 per year for Lake Talquin and $106,085 per year for Lake Tallavana, the majority of which is expected to be borne by governmental entities in the watershed.

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:

 

62-304.305 Ochlockonee River Basin TMDLs.

(1) through (3) No change.

(4) Lake Tallavana. The nutrient Total Maximum Daily Load (TMDL) for Lake Tallavana is a seven-year average of annual loads of 11,757 kilograms per year (kg/year) TN and 785 kg/year TP which are intended to achieve the applicable annual geometric mean chlorophyll a criterion for high color 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 Municipal Separate Storm Sewer System (MS4) Permitting Program is not applicable,

(c) The Load Allocation (LA) for nonpoint sources is a 25% reduction of TN and an 83% reduction of TP based on average loads 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.

(5) Lake Talquin. The nutrient TMDL for Lake Talquin is a seven-year average of annual loads of 671,736 kg/year TN and 66,322 kg/year TP which are intended to achieve the applicable annual geometric mean chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is divided between the City of Quincy domestic wastewater facility (NPDES permit FL0029033) and the City of Tallahassee A. B. Hopkins power plant (NPDES permit FL0025518). The allocation to the Quincy wastewater facility for TP is 1,271 kg/year and 4,922 kg/year for TN. The allocation to the Hopkins power plant for TP is 2,187 kg/year and 1,020 kg/year for TN,

(b) The WLA for discharges subject to the department’s NPDES MS4 Permitting Program is a 27.2% reduction of TN and a 32.9% reduction of TP based on average nutrient loads from the 2006-2012 period,

(c) The LA for nonpoint sources in Florida and Georgia is a 27.2% reduction of TN and an 32.9% reduction of TP based on average loads from the 2006-2012 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and MS4 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 10-21-08, 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: 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