Definitions, Biological Assessment, Interpretation of Narrative Nutrient Criteria, Nutrients in Streams, Nutrients in Lakes, Nutrients in Estuaries and Open Coastal Waters, The Study List, Biological Impairment
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: RULE TITLE:
62-303.200: Definitions
62-303.330: Biological Assessment
62-303.350: Interpretation of Narrative Nutrient Criteria
62-303.351: Nutrients in Streams
62-303.352: Nutrients in Lakes
62-303.353: Nutrients in Estuaries and Open Coastal Waters
62-303.390: The Study List
62-303.430: Biological ImpairmentNOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in the November 10, 2011 issue of the Florida Administrative Weekly, Vol. 37, No. 45, pages 3764-3775. The changes are made in response to written and oral comments from the Joint Administrative Procedures Committee and the public, non-substantive corrections of technical errors, or as the result of staff recommendations that were discussed at an adoption hearing held on December 8, 2011. The proposed rule has changed so that when it is adopted it will read:
62-303.200 Definitions.
As used in this chapter:
(1) No change.
(2) “BioRecon” shall mean a biological assessment that measures stream health in predominantly freshwaters using benthic macroinvertebrates, performed and calculated using the Standard Operating Procedures (SOP) for the BioRecon in the document titled BRN1000: Biological Reconnaissance Field Method (DEP-SOP-003/01 BRN 1000), dated 10-24-11, which is incorporated by reference herein. Copies of the SOP may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.
(3) “Clean techniques” shall mean those applicable field sampling procedures and analytical methods referenced in “Method 1669: Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels, July 1996, USEPA, Office of Water, Engineering and Analysis Division, Washington, D.C.,” which is incorporated by reference. Copies of the procedures and methods may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.
(4) through (8) No change.
(9) “Lake Vegetation Index (LVI)” shall mean a Biological Health Assessment that measures lake biological health in predominantly freshwaters using aquatic and wetland plants, performed and calculated using the Standard Operating Procedures for the LVI in the document titled LVI 1000: Lake Vegetation Index Methods (DEP-SOP-003/11 LVI 1000) and the methodology in Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), both dated 10-24-11, which are incorporated by reference herein. Copies of the documents may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.
(10) through (13) No change.
(14) “Nutrient Watershed Region” shall mean a drainage area over which the nutrient thresholds in paragraph 62-302.531(2)(c), F.A.C., apply.
(a) through (f) No change.
A map of the Nutrient Watershed Regions is incorporated by reference herein and may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.
(15) through (28) No change.
(29) “Stream Condition Index (SCI)” shall mean a Biological Health Assessment that measures stream biological health in predominantly freshwaters using benthic macroinvertebrates, performed and calculated using the Standard Operating Procedures for the SCI in the document titled SCI 1000: Stream Condition Index Methods (DEP-SOP-003/11 SCI 1000) and the methodology in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), both dated 10-24-11, which are incorporated by reference herein. Copies of the documents may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. For water quality standards purposes, the Stream Condition Index shall not apply in the South Florida Nutrient Watershed Region.
(30) through (37) No change.
62-303.330 Biological Assessment.
(1) No change.
(2) Biological Health Assessments used to evaluate predominantly fresh water streams and lakes under this rule shall include the Stream Condition Index (SCI), the Lake Vegetation Index (LVI), and the Shannon-Weaver Diversity Index. BioRecons can also be used to evaluate predominantly fresh water streams under this rule. Because these Biological Health Assessment procedures require specific training and expertise, persons conducting a BioRecon, SCI or LVI must comply with the quality assurance requirements of Chapter 62-160, F.A.C. (including adherence to Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), which was incorporated by reference in subsection 62-303.200(29) 62-303.200(10), F.A.C., and Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), which was incorporated by reference in subsection 62-303.200(9) 62-303.200(30), F.A.C.), attend at least eight hours of Department field training, and pass a Department field audit that verifies the sampler follows the applicable SOPs, as set forth in Chapter 62-160, F.A.C., before their Biological Health Assessment data will be considered valid for use under this rule.
(3) through (5) No change.
62-303.350 Assessments of Numeric Interpretations of Narrative Nutrient Criteria.
(1) No change.
(2) To be used to determine whether a waterbody should be assessed further for nutrient enrichment,
(a) through (b) No change.
(c) To be assessed under this chapter, except for data used to establish historical chlorophyll a levels, chlorophyll a data shall be determined using Department-approved methods as measured according to the DEP document titled, “Applicability of Chlorophyll a Methods” (DEP-SAS-002/10), dated October 24, 2011, incorporated by reference herein. Copies of the chlorophyll a document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. Chlorophyll a data shall be corrected for or free from the interference of pheophytin.
62-303.351 Nutrients in Freshwater Streams.
A stream or stream segment shall be included on the planning list for nutrients if:
(1) No change.
(2) For streams meeting the definition in subsection 62-302.200(36), F.A.C., the nutrient thresholds in subparagraph 62-302.531(2)(c)2. 62-302.531(2)(c)3., F.A.C., are exceeded and insufficient Biological Health Assessment data are available to fully assess achievement of the nutrient provisions in subparagraph 62-302.531(2)(c)1. 62-302.531(2)(c)2., F.A.C.;
(3) through (4) No change.
(5) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in TN, TP or chlorophyll a over the planning period using a Mann’s one-sided, upper-tail test for trend, as described in Nonparametric Statistical Methods by M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724, which are incorporated by reference herein. Copies of these pages may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.
62-303.352 Nutrients in Freshwater Lakes.
Lakes or lake segments shall be included on the planning list for nutrients if:
(1) through (2) No change.
(3) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in TN, TP, or chlorophyll a over the planning period using a Mann’s one-sided, upper-tail test for trend, as described in Nonparametric Statistical Methods by M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724, which were incorporated by reference in subsection 62-303.351, F.A.C.
62-303.353 Nutrients in Estuaries and Open Coastal Waters.
Estuaries, estuary segments, or open coastal waters shall be included on the planning list for nutrients if:
(1) through (3) No change.
(4) There is a statistically significant increasing trend in the annual geometric means at the 95 percent confidence level in TN, TP, or chlorophyll a over the planning period using a Mann’s one-sided, upper-tail test for trend, as described in Nonparametric Statistical Methods by M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724, which were incorporated by reference in subsection 62-303.351(5), F.A.C.
62-303.390 The Study List.
(1) The Study List contains waters where evidence indicates nonattainment of water quality standards, but the Department does not have enough information to determine the causative pollutant(s) and therefore cannot determine the appropriate remedy, and waters where a site specific numeric interpretation has not been established pursuant to paragraph 63-302.531(2)(a), F.A.C., and there is a clear adverse trend in nutrients or nutrient response variables. Causes of nonattainment can include excess pollutant loading or concentrations, habitat or hydrologic alterations, or natural conditions. Waters that do not attain water quality standards due to natural conditions pursuant to paragraph 62-303.420(1)(b), F.A.C., shall not be added to the Study List. To conform to the expectations of Section 303(d) of the Federal Clean Water Act and federal regulations at 40 C.F.R. 130.7(b), waters and associated parameters indentified in the Study List will be submitted to EPA as water quality limited segments. However, pursuant to paragraph 403.067(2)(a), F.S., the Study List cannot be used in the administration or implementation of any regulatory program. A TMDL shall not be established for a waterbody placed on the Study List pursuant to subsection 62-303.390(2), F.A.C., until such time as it is placed on the verified list pursuant to Part IV of this Chapter.
(2) A Class I, II, or III water shall be placed on the study list if:
(a) No change.
(b) A waterbody segment does not achieve the Biological Health Assessment provisions in Rule 62-303.430, F.A.C., but a cause causative pollutant has not been identified;
(c) A waterbody segment is verified as not meeting the dissolved oxygen criterion pursuant to Part IV of this Chapter, but a cause causative pollutant has not been identified;
(d) No change.
(e) For streams meeting the definition in subsection 62-302.200(36), F.A.C., the nutrient thresholds in subparagraph 62-302.531(c)2. 62-302.531(2)(c)3., F.A.C., are exceeded based on data from the last 7.5 years and insufficient Biological Health Assessment, chlorophyll a, or other response variable data are available to fully assess achievement of the nutrient provisions in paragraph 62-302.531(2)(c), F.A.C. A TMDL shall not be established for the waterbody prior to the collection of additional response variable data and the conclusion of the next assessment cycle.
(3) through (5) No change.
62-303.430 Biological Impairment.
(1) All Biological Health Assessments used to list a water on the verified list shall be conducted and interpreted in accordance with Chapter 62-160, F.A.C., including Department-approved Standard Operating Procedures and the Department documents, Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), which was incorporated adopted by reference in subsection 62-303.200(29) 62-303.200(10), F.A.C., and Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), which was incorporated adopted by reference in subsection 62-303.200(9) 62-303.200(30), F.A.C. To be used for placing waters on the verified list, any Biological Health Assessments conducted before the adoption of applicable SOPs for such Biological Health Assessments as part of Chapter 62-160, F.A.C., shall substantially comply with the subsequent SOPs. Biological Health Assessments conducted during conditions inconsistent with the applicable primer shall be excluded from the assessment.
(2) through (6) No change.
