The Department of Environmental Protection is revising Rule 62-621.300, F.A.C., to adopt a generic National Pollutant Discharge Elimination System (NPDES) permit authorizing pollutant discharges associated with experimental ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-621.300Permits

PURPOSE AND EFFECT: The Department of Environmental Protection is revising Rule 62-621.300, F.A.C., to adopt a generic National Pollutant Discharge Elimination System (NPDES) permit authorizing pollutant discharges associated with experimental technologies to control red tide [Karenina brevis] and blue-green [cyanobacteria] algal blooms in Florida’s waterways.

SUMMARY: Proposed revisions to Rule 62-621.300, F.A.C., would adopt by rule a generic NPDES permit authorizing certain activities to control red tide [Karenina brevis] and blue-green algal [cyanobacteria] blooms in Florida’s waterways. The proposed generic permit would be issued under Sections 403.061 and 403.0885, Florida Statutes, and applicable rules of the Florida Administrative Code. Individuals who meet the criteria in the proposed rule could apply for coverage under the generic permit and receive authorization to discharge pollutants generated by experimental technologies for red tide and blue-green algae bloom control (removal/ mitigation of harmful algal blooms) from surface waters of the state.

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 Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: Based on the Department’s economic review, neither a SERC nor legislative ratification is required because the adoption of the proposed rule does not increase regulatory costs directly or indirectly to the public. 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.

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, 403.087, 403.0877, 403.088, 403.0885 F.S.

LAW IMPLEMENTED: 403.061, 403.087, 403.0877, 403.088, 403.0885 F.S.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

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: Lauren Gottfreid, Division of Water Resource Management, MS 3545, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone] or by email at [e-mail]. 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: Lauren Gottfreid, Division of Water Resource Management, MS 3545, 2600 Blair Stone Road, Tallahassee, FL 32399, [phone] or by email at [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

 

62-621.300 Permits.

(1) through (8) No change.

(9) Generic Permit for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Algae Control

(a) DEP Form 62-621.300(9)(a), “Generic National Pollutant Discharge Elimination System (NPDES) Permit for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Control of Harmful Algal Blooms”, effective [date], http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(b) DEP Form 62-621.300(9)(b), “Notice of Intent to Use the Generic National Pollutant Discharge Elimination System (NPDES) Permit for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Control of Harmful Algal Blooms”, effective [date],  http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(c) Applicability and Coverage

1. Coverage under this generic permit is limited to discharge of pollutants generated by the use of experimental technologies to control harmful blooms of red tide [Karenina brevis] and blue-green algae [cyanobacteria] (removal/mitigation harmful algal blooms) to surface waters of the state provided all criteria specified in this generic permit are met.

2. The following activities are not eligible for coverage under this generic permit:

a. An activity in, on, or over wetlands (as defined in section 373.019(27), F.S.) or surface waters designated as an Outstanding Florida Water in Rule 62-302.700, F.A.C., or Aquatic Preserves established by Part II of Chapter 258, F.S.;

b. An activity that reduces the viability of the seagrass community; and

c. An activity that alters the benthic topography and requires authorization under Part IV of Chapter 373 and Chapter 253, F.S.

3. This generic permit does not relieve the permittee of the responsibility of obtaining any other federal, state, or local government permit.

4. No activity authorized under this permit shall be likely to directly or indirectly jeopardize the continued existence of a threatened or endangered species or a species proposed for such designation, as identified under the federal Endangered Species Act (ESA), or which will directly or indirectly destroy or adversely modify the critical habitat of such species. Direct effects are the immediate effects on listed species and critical habitat caused by the permitted activity. Indirect effects are those effects on listed species and critical habitat that are caused by the permitted activity and are later in time, but still are reasonably certain to occur.

5. Authorization of an activity by this permit does not authorize the “take” of a threatened or endangered species as defined under the ESA. In the absence of separate authorization (e.g., an ESA Section 10 Permit, a Biological Opinion with “incidental take” provisions, etc.) from the U.S. Fish and Wildlife Service (FWS) or the National Marine Fisheries Service, the ESA prohibits any person subject to the jurisdiction of the United States to take a listed species, where "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. The word “harm” in the definition of “take'' means an act which actually kills or injures wildlife. Such an act may include significant habitat modification or degradation where it actually kills or injures wildlife by significantly impairing essential behavioral patterns, including breeding, feeding or sheltering.

6. This permit does not authorize the permittee to cause any adverse impact to, or “take,” any state listed species and other regulated species of fish and wildlife. Compliance with state laws regulating the “take” of fish and wildlife is the responsibility of the owner or permittee associated with this project. Please refer to Chapter 68A-27, F.A.C., for definitions of “take,” and a list of fish and wildlife species. If state listed species are observed onsite, Florida Fish and Wildlife Conservation Commission (FWC) staff are available to provide decision support information or assist in obtaining the appropriate FWC permits. Most marine endangered and threatened species are statutorily protected, and a “take” permit cannot be issued. Requests for further information or review can be sent to [e-mail].

(d) Request for Coverage

1. Applicants seeking coverage under this generic permit shall submit a complete request for coverage as specified in DEP Form 62-621.300(9)(b) (adopted and incorporated by reference in paragraph62-621.300(9)(b), F.A.C., effective [date]). The permit application and surveillance fee for this generic permit is $500.

2. A request for coverage must be submitted to the appropriate District Office at least 30 days prior to the commencement of the surface water discharge.

3. Coverage under this generic permit shall not be effective until the applicant receives written notification from the Department.

4. Coverage for discharges authorized under this Generic Permit is limited to a term not to exceed two years from the effective date of coverage.

5. Renewal of coverage under this Generic Permit shall be submitted to the Department by completing DEP Form 62-621.300(9)(b) (adopted and incorporated by reference in paragraph 62-621.300(9)(b), F.A.C., effective [date]), at least 30 days before expiration of current coverage.

(e) DEP Form 62-621.300(9)(e), “Notice of Termination of Generic National Pollutant Discharge Elimination System (NPDES) Permit for Discharges of Pollutants to Surface Waters of the State Generated by Experimental Technologies for Control of Harmful Algal Blooms”, effective [date],  http://www.flrules.org/Gateway/reference.asp?No=Ref-XXXX, is hereby adopted and incorporated by reference. This form may be obtained by contacting the Florida Department of Environmental Protection, Wastewater Management Program, Mail Station 3545, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400.

(f) To terminate coverage under this generic permit the permittee shall submit DEP Form 62-621.300(9)(e) (adopted and incorporated by reference in paragraph 62-621.300(9)(e), F.A.C., effective [date]) to the appropriate District Office within 30 days after completion of the discharge activity or upon expiration of coverage, whichever occurs first.

Rulemaking Authority 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. Law Implemented 373.043, 373.1131, 373.413, 373.414, 373.416, 403.061, 403.087, 403.0877, 403.088, 403.0885 FS. History–New 12-24-96, Amended 5-1-97, 2-14-00, 10-22-00, 5-1-03, 12-23-04, 4-20-05, 5-10-05, 2-17-09, 4-14-11, 2-10-15, 1-26-18, 9-20-18, 2-16-21               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Lauren Gottfreid

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: December 15, 2021

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 15, 2021