The purpose of the proposed rule is to establish Total Maximum Daily Loads (TMDLs), and their allocations, for eleven impaired waters within the Peace River Basin (Lake Cannon, Lake Howard, Lake Idylwild, Lake Jessie, Lake Lulu, Lake May, Lake ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.625: Peace River Basin TMDLs
PURPOSE AND EFFECT: The purpose of the proposed rule is to establish Total Maximum Daily Loads (TMDLs), and their allocations, for eleven impaired waters within the Peace River Basin (Lake Cannon, Lake Howard, Lake Idylwild, Lake Jessie, Lake Lulu, Lake May, Lake Mirror, Lake Shipp, Wahneta Farms Drainage Canal, Peace River Above Bowlegs Creek, and the Peace Creek Drainage Canal).

SUMMARY: The TMDLs address the nutrient impairment in Lakes Cannon, Howard, Idylwild, Jessie, Lulu, May, Mirror, and Shipp, all of which are in the Winter Haven Southern Chain of Lakes, and the fecal coliform impairment in the Wahneta Farms Drainage Canal, the Peace River Above Bowlegs Creek, and the Peace Creek Drainage Canal. All of the subject waters were verified as impaired using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code, and adopted by Secretarial Order on June 17, 2005. The TMDLs for the Winter Haven Southern Chain of Lakes were based on Pollutant Load Reduction Goals (PLRGs) developed by the Southwest Florida Water Management District using the Storm Water Management Model (SWMM), the MODFLOW model (a ground water model developed by the U.S. Geological Survey), and the Water Quality Analysis Simulation Program (WASP) model to determine the Total Phosphorus loading that would meet the narrative water quality criteria for nutrients in each lake. The TMDL for Wahneta Farms Drainage Canal was developed using the “percent reduction” method, and the TMDLs for the Peace River Above Bowlegs Creek and the Peace Creek Drainage Canal were developed using the “load duration curve” method. The TMDLs provide the percent reduction in in-stream fecal coliform concentrations needed for the each waterbody to meet applicable water quality criteria for fecal coliform.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST: The Department does not plan to prepare a Statement of Estimated Regulatory Cost (SERC) for this proposed Rule.

Any person who wishes to provide a proposal for a lower cost regulatory alternative or wishes to provide information regarding estimated regulatory costs, must do so in writing within 21 days of this notice.

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: 403.031, 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 (IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):

DATE AND TIME: March 14, 2007, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Twin Towers Office Building, 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: 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: Daryll Joyner, Division of Water Resource Management, Bureau of Watershed Management, Mail Station 3510, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

Part VI. TMDLS IN THE SOUTHWEST FLORIDA DISTRICT

62-304.625 Peace River Basin TMDLs.

(1) Lake Cannon. The Total Maximum Daily Load for Lake Cannon for Total Phosphorus (TP) is 143 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 54 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 129 kg/year of TP, and

(d) The Margin of Safety is 14 kg/year of TP.

(2) Lake Howard. The Total Maximum Daily Load for Lake Howard for Total Phosphorus (TP) is 143 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 63 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 126 kg/year of TP, and

(d) The Margin of Safety is 17 kg/year of TP.

(3) Lake Idylwild. The Total Maximum Daily Load for Lake Idylwild for Total Phosphorus (TP) is 64 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 43 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 59 kg/year of TP, and

(d) The Margin of Safety is 5 kg/year of TP.

(4) Lake Jessie. The Total Maximum Daily Load for Lake Jessie for Total Phosphorus (TP) is 140 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 50 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 127 kg/year of TP, and

(d) The Margin of Safety is 13 kg/year of TP.

(5) Lake Lulu. The Total Maximum Daily Load for Lake Lulu for Total Phosphorus (TP) is 84 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 55 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 75 kg/year of TP, and

(d) The Margin of Safety is 9 kg/year of TP.

(6) Lake May. The Total Maximum Daily Load for Lake May for Total Phosphorus (TP) is 88 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 58 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 79 kg/year of TP, and

(d) The Margin of Safety is 9 kg/year of TP.

(7) Lake Mirror. The Total Maximum Daily Load for Lake Mirror for Total Phosphorus (TP) is 55 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 28 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 51 kg/year of TP, and

(d) The Margin of Safety is 4 kg/year of TP.

(8) Lake Shipp. The Total Maximum Daily Load for Lake Shipp for Total Phosphorus (TP) is 97 kilograms per year (kg/year), and is allocated as follows:

(a) The Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 65 percent reduction of the average TP loading for the 1990 to 1999 period,

(c) The Load Allocation for nonpoint sources is 84 kg/year of TP, and

(d) The Margin of Safety is 13 kg/year of TP.

(9) Wahneta Farms Drainage Canal. The fecal coliform Total Maximum Daily Load for Wahneta Farms Drainage Canal Creek is 400 counts/100 mL, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 to 2004 period, will require a 39% reduction at sources contributing to exceedances of the criteria,

(b) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1999 to 2004 period, will require a 39% reduction at sources contributing to exceedances of the criteria, and

(c) The Margin of Safety is implicit.

(10) Peace River Above Bowlegs Creek. The fecal coliform Total Maximum Daily Load for the Peace River Above Bowlegs Creek is a median of 2.29 x 1012 colonies/day under “moist conditions,” which are defined as flows ranging from 99 to 665 cubic feet per second (cfs), and a median of 1.66 x 1011 colonies/day under “dry conditions,” which are defined as flows ranging from 6.4 to 35 cfs, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1993 to 2003 period, will require a 23% reduction at sources contributing to exceedances of the criteria during moist conditions and a 52% reduction at sources contributing to exceedances of the criteria during dry conditions,

(b) The Load Allocations for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1993 to 2003 period, will require a 23% reduction at sources contributing to exceedances of the criteria during moist conditions and a 52% reduction at sources contributing to exceedances of the criteria during dry conditions, and

(c) The Margin of Safety is implicit.

(11) Peace Creek Drainage Canal. The fecal coliform Total Maximum Daily Load for Peace Creek Drainage Canal is a median of 3.62 x 1011 colonies/day, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Wastewater Permitting Program is to meet applicable water quality criteria for fecal coliform,

(b) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2004 period, will require a 62% reduction at sources contributing to exceedances of the criteria,

(c) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1992 to 2004 period, will require a 62% reduction at sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(12) While the Load Allocation and Wasteload Allocation for fecal coliform as set forth in subsections (9), (10) and (11) above have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream fecal coliform concentrations. However, it is not the intent of these Total Maximum Daily Loads to abate natural background conditions.

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

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Jerry Brooks, Division of Water Resource Management

NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi Drew, Deputy Secretary, Department of Environmental Protection

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: January 31, 2007

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 8, 2005