The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for the Volusia Blue Spring and Volusia Blue Spring Run in the Middle St. Johns River Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.505Middle St. Johns River Basin TMDLS

PURPOSE AND EFFECT: The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for the Volusia Blue Spring and Volusia Blue Spring Run in the Middle St. Johns River Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, the nitrate TMDL for these segments will constitute a site specific numeric interpretation of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C., that will supersede the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., for these particular surface water segments.

SUMMARY: This TMDL addresses certain nutrient impairments in the Middle St. Johns River Basin. Specifically, the nutrient TMDL rule being proposed for adoption is a nitrate TMDL for Volusia Blue Spring and Volusia Blue Spring Run. The waterbodies were verified as impaired for nutrients using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. Development of the TMDL was based on statistical analysis of water quality data with corresponding biological response data. This rulemaking has been given an OGC case number 13-1490.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will 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.

There are no NPDES wastewater facilities in the contributing area of these impaired waterbodies that are permitted by the Department. Implementation costs associated with municipal separate storm sewer system (MS4) permits are estimated to be $20,931,500 per year.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rule does not require legislative ratification.

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, Ground Water Management Section, Mail Station 3575, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone: [phone]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.505 Middle St. Johns River Basin TMDLs.

(1) through (14) No change.

(15) Volusia Blue Spring and Volusia Blue Spring Run. The nutrient TMDL is a monthly arithmetic mean nitrate concentration of 0.35 mg/L at the spring vent of Volusia Blue Spring and in-stream for Volusia Blue Spring Run, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s NPDES municipal separate storm sewer system (MS4) permitting program is to address anthropogenic sources in the basin such that in-stream nitrate concentrations meet the TMDL target, which will require a 45 percent reduction of nitrate based on the mean concentrations from the 2001-2013 period.

(c) The Load Allocation (LA) for nonpoint sources is to address anthropogenic sources in the basin such that in-stream nitrate concentrations meet the TMDL target, which will require a 45 percent reduction of nitrate based on the mean concentrations from the 2001-2013 period.

(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 8-3-06, Amended 10-15-09,_________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick, 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 16, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2013