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

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-304.520: Indian River Lagoon 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 Indian River Lagoon Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, these nutrient TMDLs will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C.
SUMMARY: These TMDLs address certain nutrient impairments in the Indian River Lagoon Basin. Specifically, the TMDL rules being proposed for adoption are for Sykes Creek and Goat Creek (Marine Segment). These waterbodies were verified as impaired for nutrients due to elevated chlorophyll a concentrations using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. Based on statistical analyses of spatial and temporal patterns of nutrient-related data in these impaired waters and their neighboring Indian River Lagoon and Banana River Lagoon segments, it was determined that the observed elevation in chlorophyll a concentrations in these impaired waters were mainly caused by receiving water processes in the mainstem of the Indian River Lagoon and Banana River Lagoon. Therefore, the nutrient loading targets for these two creeks are established to be consistent with those adopted previously into this rule to protect seagrass in the Indian River Lagoon and Banana River Lagoon mainstem. The existing nutrient loadings and nutrient TMDLs entering these creeks were simulated using the Pollutant Load Screening Model (PLSM). This rulemaking has been given OGC case number 12-1363.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:
The Agency has determined that this will not 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 not been prepared by the agency.
The watersheds of the two impaired waterbodies are part of the drainage basin areas discharging to mainstem segments of the Indian River Lagoon and Banana River Lagoon. These drainage basin areas are covered by existing nutrient TMDLs previously adopted into 62-304.520, F.A.C. The two new TMDLs included in this Notice of Proposed Rule do not set more stringent loading limits than previously adopted TMDLs. Therefore, no incremental costs are expected to be incurred by these two proposed rules above those already required by previously adopted TMDLs. In addition, there are no wastewater facilities and municipal separate storm sewer systems (MS4s) in the Goat Creek watershed that are permitted by the National Pollutant Discharge Elimination System (NPDES) program.
The Agency has determined that these proposed rules are not expected to require legislative ratification based on the discussion above.
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.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.
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]. For the 21 day period after this notice, the Department will accept written comments on the establishment of these nutrient TMDLs as site specific interpretations of the narrative nutrient criterion. Written comments should be directed to Jan Mandrup-Poulsen at the address above.

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.520 Indian River Lagoon Basin TMDLs.

(1) – (4) No change.

(5) Indian River above 520 Causeway: The TMDLs for the Indian River above 520 Causeway are 147,524 lb/year of total nitrogen and 11,845 lb/year of total phosphorus, and are allocated as follows:

(a) The WLA for wastewater sources are 8,151 8,111 lb/year of total nitrogen and 1,589 1,609 lb/year of total phosphorus. The WLAs are granted to Cocoa Water Reclamation Facility (5,556 lb/year of total nitrogen and 1,423 lb/year of total phosphorus), FP & L Cape Canaveral Plant (2,555 lb/year of total nitrogen and 146 lb/year of total phosphorus), and Orlando Utilities Commission-Indian River Plant (40 lb/year total nitrogen and 20 lb/year of total phosphorus).

(b) The combined rainfall-driven nutrient loads of 139,373 139,413 lb/year of total nitrogen and 10,256 10,236 lb/year of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), to be allocated as follows:

1. WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 36% reduction of total nitrogen and a 53% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

2. The LAs for nonpoint sources are a 36% reduction of total nitrogen and a 53% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).

(c) No change.

(6) – (8) No change.

(9) Banana River above Barge Canal: The TMDLs for the Banana River above Barge Canal are 116,314 115,314 lb/year of total nitrogen and 7,825 lb/year of total phosphorus, and are allocated as follows:

(a) – (c) No change.

(10) – (11) No change.

(12) Goat Creek Marine Segment: The nutrient TMDL for the Goat Creek Marine Segment is 18,405 lb/year of total nitrogen and 3,376 lb/year of total phosphorus, and are allocated as follows:

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

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

(c) The LA for nonpoint sources is a 36% reduction of total nitrogen and no reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005), and

(d) The Margin of Safety is implicit.

(e) While the LA for nutrients have been expressed as the percent reductions needed to attain the applicable Class II criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient condition in the impaired waterbody. However, it is not the intent of the TMDL to abate natural background conditions.

(13) Sykes Creek: The nutrient TMDL for Sykes Creek is 30,030 lb/year of total nitrogen and 3,174 lb/year of total phosphorus and is allocated as follows:

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

(b) WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is a 66% reduction of total nitrogen and a 70% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005).,

(c) The LA for nonpoint sources are a 66% reduction of total nitrogen and a 70% reduction of total phosphorus based on the year 2000 landuse and a 30-year long-term average annual rainfall (1975 through 2005) and

(d) The Margin of Safety is implicit. Not including the direct atmospheric deposition in the calculation makes the estimation of needed percent reduction more stringent and therefore adds to the margin of safety.

(e) While the WLA and LA for nutrients has been expressed as target loadings and the needed percent reductions to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient condition in the impaired waterbody. However, it is not the intent of the TMDL to abate natural background conditions.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 3-26-09, _________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Director, Division of Environmental Assessment and Restoration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel Vinyard Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 7, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2011