The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for the impaired water segments that drain into the St. Lucie Estuary, including the following Water Body Identifications (WBID): St. Lucie River Lower and ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.705: St. Lucie Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for the impaired water segments that drain into the St. Lucie Estuary, including the following Water Body Identifications (WBID): St. Lucie River Lower and Middle Estuary (3193), the North Fork St. Lucie River (3194), the North St. Lucie Estuary (3194B), the C-24 Canal (3197), the C-23 Canal (3200), the South St. Lucie Estuary (3210), the South Fork St. Lucie River (3210A), Bessey Creek (3211), and the C-44 Canal (3218).
SUMMARY: These TMDLs address the nutrient, dissolved oxygen and biological oxygen demand impairments in the North Fork St. Lucie River (3194) and C-24 Canal (3218); dissolved oxygen and biological oxygen demand impairments in the C-44 Canal (3218); nutrient and dissolved oxygen impairments in the North St. Lucie Estuary (3194B), C-23 Canal (3200), South Fork St. Lucie River (3210A), Bessey Creek (3211); the nutrient impairments in the St. Lucie River Lower Estuary (3193) and the South St. Lucie Estuary (3210). Impairments in these waters were verified using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The WAterSHed (WASH) Model was used to simulate flows from the drainage basins and in stream nutrient values were obtained from measured five- to ten-year annual averages. Percent reductions were specified for the St. Lucie River Lower and Middle Estuary (3193) at Roosevelt Bridge. Loads to the estuary were calculated by multiplying annual average flows by annual average concentrations for the contributing impaired water segments. The final nutrient concentration targets of these waters were established based on a weight of evidence approach which considered targets for the Indian River Lagoon developed to be protective of seagrasses, statewide nutrient concentrations in estuaries, and correlations between nutrients and healthy seagrass beds.
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, 403.067 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 HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Friday, February 6, 2009, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Bob Martinez Center 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 5 days before the workshop/meeting by contacting: Ms. Pat Waters 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: 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:

62-304.705 St. Lucie Basin TMDLs.

(1) St. Lucie Estuary (Lower & Middle Estuary) WBID 3193: The Total Maximum Daily Loads (TMDLs) for the St. Lucie Estuary, based on data in the period from 1996 through 2005, are to achieve 0.081 mg/L total phosphorus and 0.74 mg/L total nitrogen at Roosevelt Bridge and are allocated as follows:

(a) The Wasteload Allocation (WLA) for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permitting Program are a 21.4% reduction of total nitrogen and a 41.3% reduction of total phosphorus,

(c) The Load Allocations (LAs) for nonpoint sources are a 21.4% reduction of total nitrogen and a 41.3% reduction of total phosphorus, and

(d) The Margin of Safety is implicit.

(2) North Fork St. Lucie River (Freshwater) WBID 3194: The TMDLs for the North St. Lucie (Freshwater) are to achieve 0.081 mg/L total phosphorus, 0.74 mg/L total nitrogen, and 2.0 mg/L biological oxygen demand for this segment.  Based on data in the period from 1996 to 2005, the cumulative load from all sources is 140,134 lbs/year total nitrogen, 15,765 lbs/year total phosphorus and 2.0 mg/L biological oxygen demand allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 25.0% reduction of total nitrogen, 42.2% reduction of total phosphorus, and 74.0% reduction of biological oxygen demand,

(c) The LAs for nonpoint sources are 25.0% reduction of total nitrogen, 42.2% reduction of total phosphorus, and 74.0% reduction of biological oxygen demand, and

(d) The Margin of Safety is implicit.

(3) North Fork St. Lucie Estuary (Estuarine North Fork) WBID 3194B: The TMDLs for the North Fork St. Lucie Estuary (Estuarine North Fork) are to achieve 0.081 mg/L total phosphorus and 0.74 mg/L total nitrogen in this estuary segment. Based on data in the period from 1996 to 2005, the cumulative load from all sources is 103,174 lbs/year total nitrogen and 11,672 lbs/year total phosphorus allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 28.8% reduction of total nitrogen and 58.1% reduction of total phosphorus,

(c) The LAs for nonpoint sources are 28.8% reduction of total nitrogen and 58.1% reduction of total phosphorus, and

(d) The Margin of Safety is implicit.

(4) C-24 Canal WBID 3197: The TMDLs for the C-24 Canal are to achieve 0.081 mg/L total phosphorus, 0.74 mg/L total nitrogen, and 2.0 mg/L biological oxygen demand for the canal segment.  Based on data in the period from 1996 to 2005, the cumulative load from all sources is 348,957 lbs/year total nitrogen, 39, 258 lbs/year total phosphorus and 2.0 mg/L biological oxygen demand allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 51.8% reduction of total nitrogen, 72.2% reduction of total phosphorus, and 33.3% reduction of biological oxygen demand,

(c) The LAs for nonpoint sources are 51.8% reduction of total nitrogen, 72.2% reduction of total phosphorus, and 33.3% reduction of biological oxygen demand, and

(d) The Margin of Safety is implicit.

(5) C-23 Canal WBID 3200: The TMDLs for the C-23 Canal are to achieve 0.081 mg/L total phosphorus and 0.74 mg/L total nitrogen in the canal segment. Based on data in the period from 1996 through 2005, the cumulative load from all sources is 242,202 lbs/year total nitrogen and 27,248 lbs/year total phosphorus allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 51.7% reduction of total nitrogen and 78.6% reduction of total phosphorus,

(c) The LAs for nonpoint sources are 51.7% reduction of total nitrogen and 78.6% reduction of total phosphorus, and

(d) The Margin of Safety is implicit.

(6) South Fork St. Lucie Estuary WBID 3210: The TMDLs for the South Fork St. Lucie Estuary are to achieve 0.081 mg/L total phosphorus and 0.74 mg/L total nitrogen in this estuary segment.   Based on data in the period from 1996 through 2005, the cumulative load from all sources is 24,463 lbs/year total nitrogen and 2,752 lbs/year total phosphorus allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 38.4% reduction of total nitrogen and 57.2% reduction of total phosphorus,

(c) The LAs for nonpoint sources are 38.4% reduction of total nitrogen and 57.2% reduction of total phosphorus, and

(d) The Margin of Safety is implicit.

(7) South Fork St. Lucie River WBID 3210A: The TMDLs for the South Fork St. Lucie River are to achieve 0.081 mg/L total phosphorus and 0.74 mg/L total nitrogen in this river segment.  Based on data in the period from 1996 through 2005, the cumulative load from all sources is 90,471 lbs/year total nitrogen and 10,178 lbs/year total phosphorus allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 47.1% reduction of total nitrogen and 61.8% reduction of total phosphorus,

(c) The LAs for nonpoint sources are 47.1% reduction of total nitrogen and a 61.8% reduction of total phosphorus, and

(d) The Margin of Safety is implicit.

(8) Bessey Creek WBID 3211: The TMDLs for Bessey Creek are to achieve 0.081 mg/L total phosphorus and 0.74 mg/L total nitrogen in the creek segment.  Based on data in the period from 2000 through 2005, the cumulative load from all sources is 29,981 lbs/year total nitrogen and 3,373 lbs/year total phosphorus allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is 23.9% reduction of total nitrogen and 51.2% reduction of total phosphorus,

(c) The LAs for nonpoint sources is 23.9% reduction of total nitrogen and 51.2% reduction of total phosphorus, and

(d) The Margin of Safety is implicit.

(9) C-44 Canal WBID 3218: The TMDLs for the C-44 Canal are to achieve 0.081 mg/L total phosphorus, 0.74 mg/L total nitrogen, and 2.0 mg/L biological oxygen demand in this canal segment.  Based on data in the period from 1996 through 2005, the cumulative load from all sources is 242,929 lbs/year total nitrogen, 27,330 lbs/year total phosphorus and 2.0 mg/L biological oxygen demand allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are 51.2% reduction of total nitrogen, 55.0% reduction of total phosphorus, and 69.7% reduction of biological oxygen demand,

(c) The LAs for nonpoint sources are 51.2% reduction of total nitrogen, 55.0% reduction of total phosphorus, and 69.7% reduction of biological oxygen demand, and

(d) The Margin of Safety is implicit.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Water Resource Management
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael W. Sole, Secretary, Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 19, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: October 17, 2008