The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL) and its allocation for nutrients, which has caused impairment in the Jackson Blue Spring and Merritts Mill Pond within the Chipola River Basin. Furthermore, upon paragraph 62-302....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-304.315Chipola River Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL) and its allocation for nutrients, which has caused impairment in the Jackson Blue Spring and Merritts Mill Pond within the Chipola River Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, this nutrient TMDL will constitute a site specific numeric interpretation of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C.
SUMMARY: The TMDL addresses certain nutrient impairments in the Chipola River Basin. Specifically, the TMDL rule being proposed for adoption is for Jackson Blue Spring and Merritts Mill Pond. These waterbodies were verified as impaired for nutrients using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The proposed nitrate target of 0.35 mg/L was set to meet the nutrient criterion. This rulemaking has been given OGC Case Number 13-0052.
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 been prepared by the agency.
While Section 120.541, F.S., does not necessitate the preparation of a SERC in such instance, the Department has chosen to prepare a SERC for the proposed TMDL to assist in the determination of whether any costs are incurred as a result of the TMDL, and if so, how much.
The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs.
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: Richard Hicks, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, Mail Station 3575, 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 this nutrient TMDL as a site specific interpretation of the narrative nutrient criterion. Written comments should be directed to Richard Hicks at the address above.

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.315 Chipola River Basin TMDLs.

(1) Otter Creek. The fecal coliform total maximum daily load (TMDL) for Otter Creek is 400 counts/100mL, and is allocated as follows:

(a)(1) The Waste load Allocation (WLA) for wastewater sources is not applicable;

(b)(2) The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permitting Program is not applicable;

(c)(3) The Load Allocation (LA) 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 2001 to 2008 period, will require a 35 percent reduction of sources contributing to exceedances of the criteria; and

(d)(4) The Margin of Safety is implicit.

(e)(5) While the LA and WLA for fecal coliform 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 concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(2) Jackson Blue Spring and Merritts Mill Pond.  The nitrate TMDL is an in-stream monthly mean concentration of 0.35 mg/L and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is not applicable.

(c) The Load Allocations for nonpoint sources are to address anthropogenic sources in the basin such that in-stream nitrate concentrations meet the TMDL target, which, based on the mean concentrations from the 2000-2011 period, will require a 90 percent reduction of nitrate.

(d) The Margin of Safety is implicit.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-15-09, Amended ________.

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 T. Vinyard Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 12, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2011