The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for Weeki Wachee Spring, the freshwater segment of the Weeki Wachee River, Kings Bay, Hunter Spring, House Spring, Idiot’s Delight Spring, Tarpon ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.645Stevenson Creek Tidal Segment TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for Weeki Wachee Spring, the freshwater segment of the Weeki Wachee River, Kings Bay, Hunter Spring, House Spring, Idiot’s Delight Spring, Tarpon Spring and Black Spring in the Springs Coast Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, the nutrient TMDLs for these segments will constitute site specific numeric interpretations 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: These TMDLs address certain nutrient impairments in the Springs Coast Basin. Specifically, the nutrient TMDL rules being proposed for adoption are nitrate TMDLs for Weeki Wachee Spring and the freshwater segment of the Weeki Wachee River, total nitrogen and total phosphorus TMDLs for Kings Bay, and nitrate and orthophosphate TMDLs for Hunter Spring, House Spring, Idiot’s Delight Spring, Tarpon Spring, and Black Spring. 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 TMDLs was based on statistical analysis of water quality data with corresponding biological response data. This rulemaking has been given an OGC case number 13-1487.

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.

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:

 

62-304.645 Springs Coast Basin Stevenson Creek Tidal Segment TMDLs.

(1) through (15) No change.

(16) Weeki Wachee Spring and Weeki Wachee River (Freshwater Segment). The nutrient TMDLs are an annual arithmetic mean nitrate concentration of 0.28 mg/L at the spring vent of Weeki Wachee Spring and an in-stream annual arithmetic mean nitrate concentration of 0.20 mg/L for the Weeki Wachee River (freshwater segment).

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

(b) The WLA for discharges subject to the Department’s NPDES 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 71.1 percent reduction of nitrate in Weeki Wachee Spring and a 77.3 percent reduction of nitrate in the freshwater segment of the Weeki Wachee River, based on mean concentrations from the 2004-2012 period.

(c) The 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 71.1 percent reduction of nitrate in Weeki Wachee Spring and a 77.3 percent reduction of nitrate in the freshwater segment of the Weeki Wachee River, based on mean concentrations from the 2004-2012 period.

(d) The Margin of Safety is implicit.

(17) Kings Bay. The nutrient TMDL is an annual arithmetic mean TN concentration of 0.28 mg/L and an annual arithmetic mean TP concentration of 0.032 mg/L, and is allocated as follows:

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

(b) The WLA for surface water discharges subject to the Department’s NPDES MS4 permitting program is not applicable.

(c) The LA for nonpoint sources is to address anthropogenic sources in the estuary such that TN and TP concentrations meet the TMDL targets, which will require a 22 percent reduction of TN and a 14 percent reduction of TP, based on the mean concentrations from the 2004-2012 period.

(d) The Margin of Safety is implicit.

(18) Hunter Spring, House Spring, Idiot’s Delight Spring, Tarpon Spring, and Black Spring. The nutrient TMDLs are an annual arithmetic mean nitrate concentration of 0.23 mg/L and an annual arithmetic mean orthophosphate concentration of 0.028 mg/L and are allocated as follows:

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

(b) The WLA for surface water discharges subject to the Department’s NPDES MS4 permitting program is not applicable.

(c) The LAs for nonpoint sources are to address anthropogenic sources in the spring such that nitrate and orthophosphate concentrations meet the TMDL targets, which will require a 64 percent reduction of nitrate for Hunter Spring, a 53 percent reduction of nitrate for House Spring, a 26 percent reduction of nitrate and a 7 percent reduction of orthophosphate for Idiot’s Delight Spring, a 21 percent reduction of nitrate and a 10 percent reduction of orthophosphate for Tarpon Spring, and a 26 percent reduction of nitrate for Black Spring based on the mean concentrations from the 2004-2012 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 6-3-08, Amended 11-14-12, 6-7-13, 11-25-13,_________.

 

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 14, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 14, 2013