This rulemaking revises the definitions of acute and chronic toxicity found in Chapter 62-302, F.A.C. The rule specifies an Inhibition Concentration 25 percent as a definition of chronic toxicity applicable to single substances and mixtures, ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-302.200: Definitions
PURPOSE AND EFFECT: This rulemaking revises the definitions of acute and chronic toxicity found in Chapter 62-302, F.A.C. The rule specifies an Inhibition Concentration 25 percent as a definition of chronic toxicity applicable to single substances and mixtures, including effluents.
SUMMARY: The proposed rule amendment will revise the definitions of acute and chronic toxicity and add a definition for Inhibition Concentration 25 percent.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 403.061, 403.087, 403.504, 403.704, 403.804, 403.805 FS.
LAW IMPLEMENTED: 403.021, 403.031, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: January 29, 2008, 10:00 a.m.
PLACE: Environmental Regulation Commission, Florida Department of Environmental Protection, Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida 32399
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 5 days before the workshop/meeting by contacting: Nancy Ross with the Bureau of Water Facilities Regulation at [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: Nancy Ross, Division of Water Resource Management, Florida Department of Environmental Protection, Mail Station 3540, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone], e-mail: [e-mail], or facsimile [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-302.200 Definitions.

(1) “Acute Toxicity” shall mean a concentration greater than one-third (1/3) of the amount lethal to 50% of the test organisms in 96 hours (96 hr LC₅₀) for a species protective of the indigenous aquatic community for a substance not identified in paragraph 62-302.500(1)(c), F.A.C., or for mixtures of substances, including effluents. “Acute Toxicity” shall mean the presence of one or more substances or characteristics or components of substances in amounts which:

(a) are greater than one-third (1/3) of the amount lethal to 50% of the test organisms in ninety-six (96) hours (96 hr LC50) where the 96 hr LC50 is the lowest value which has been determined for a species significant to the indigenous aquatic community; or

(b) may reasonably be expected, based upon evaluation by generally accepted scientific methods, to produce effects equal to those of the concentration of the substance specified in paragraph (a) above.

(2) through (3) No change.

(4) “Chronic Toxicity”  “Chronic Toxicity” shall mean the presence of one or more substances or characteristics or components of substances in amounts which:

(a) For a substance without an aquatic life-based criterion in Rule 62-320.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the substance are available, or for mixtures of substances, including effluents, chronic toxicity shall mean the concentration that equals or exceeds the IC₂₅ on species protective of the indigenous aquatic community; or Are greater than one-twentieth (1/20) of the amount lethal to 50% of the test organisms in ninety-six (96) hours (96 hr LC₅₀) where the 96 hr LC₅₀ is the lowest value which has been determined for a species significant to the indigenous aquatic community; or

(b) For a substance without an aquatic life-based criterion in Rule 62-302.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the substance on species protective of the indigenous aquatic community are not available, the chronic toxicity of a substance shall be established as a concentration greater than one-twentieth (1/20) of the amount lethal to 50% of the test organisms in 96 hours (96 hr LC₅₀) for a species protective of the indigenous aquatic community. May reasonably be expected, based upon evaluation by generally accepted scientific methods, to produce effects equal to those of the concentration of the substance specified in paragraph (a) above.

(5) through (13) No change.

(14) “IC₂₅”or “Inhibition Concentration 25%” shall mean the concentration of toxicant that causes a 25% reduction in a biological response such as biomass, growth, fecundity, or reproduction in the test population when compared to the control population response.

(14) through (32) renumbered (15) through (33) No change.

Specific Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021, 403.031,403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History–New 5-29-90, Amended 2-13-92, Formerly 17-302.200, Amended 1-23-95, 5-15-02, ________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Janet G. Llewellyn, Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi A. Drew, Deputy Secretary, Regulatory Programs and Energy
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: November 26, 2007
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 26, 2007