The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for Homosassa-Trotter-Pumphouse Springs Group, Bluebird Springs, Hidden River Springs, the Chassahowitzka Springs Group, Crab Creek Spring, ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.645Springs Coast Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for Homosassa-Trotter-Pumphouse Springs Group, Bluebird Springs, Hidden River Springs, the Chassahowitzka Springs Group, Crab Creek Spring, Chassahowitzka River-Baird Creek, Baird Springs, Ruth Spring, and Beteejay Springs, all in the Springs Coast Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., 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 or total nitrogen TMDLs for Homosassa-Trotter Pumphouse Springs Group, Bluebird Springs, Hidden River Springs, the Chassahowitzka-Crab Creek Springs Group, Chassahowitzka River-Baird Creek, Baird Springs, Ruth Spring, and Beteejay Springs. 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 14-0725.

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.

Implementation costs associated with these TMDLs for regulated entities are estimated to be approximately $309,300 in aggregate, as follows: $174,800 per year for Chassahowitzka River-Baird Creek and the Chassahowitzka-Crab Creek Springs Group, and $134,500 per year for the Homosassa-Trotter Pumphouse Springs Group. For Bluebird Springs, Hidden River Springs, Baird Springs, Ruth Spring, and Beteejay Springs TMDLs, there are no regulated NPDES wastewater facilities or MS4s that directly discharge to the associated waterbodies.

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 TMDLs.

(1) through (18) No change.

(19) Chassahowitzka Main Spring, Chassahowitzka #1 Spring and Crab Creek Spring. The nutrient TMDLs are an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vent of Chassahowitzka Main Spring, Chassahowitzka #1 Spring and Crab Creek Spring, and are allocated as follows:

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

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 62 percent reduction of nitrate for Chassahowitzka Main Spring, a 64 percent reduction of nitrate for Chassahowitzka #1 Spring, and a 64 percent reduction of nitrate for Crab Creek Spring, based on mean concentrations from the 2004 – 2013 period.

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 62 percent reduction of nitrate for Chassahowitzka Main Spring, a 64 percent reduction of nitrate for Chassahowitzka #1 Spring, and a 64 percent reduction of nitrate for Crab Creek Spring, based on mean concentrations from the 2004 – 2013 period.

(d) The Margin of Safety is implicit.

(20) Chassahowitzka River-Baird Creek. The nutrient TMDL is an annual arithmetic mean TN concentration of 0.25 mg/L, and is allocated as follows:

(a) The WLA for NPDES 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 TN concentrations meet the TMDL target, which will require a 57 percent reduction of TN, based on mean concentrations from the 2004 – 2013 period.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream TN concentrations meet the TMDL target, which will require a 57 percent reduction of TN, based on mean concentrations from the 2004 – 2013 period.

(d) The Margin of Safety is implicit.

(21) Baird #1 Spring and Ruth Spring. The nutrient TMDLs are an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vent of Baird #1 Main Spring and Ruth Spring, and are allocated as follows:

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

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 21 percent reduction of nitrate for Baird #1 Spring and a 67 percent reduction of nitrate for Ruth Spring, based on mean concentrations from the 2004 – 2013 period.

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 21 percent reduction of nitrate for Baird #1 Spring and a 67 percent reduction of nitrate for Ruth Spring, based on mean concentrations from the 2004 – 2013 period.

(d) The Margin of Safety is implicit.

(22) Beteejay Spring. The nutrient TMDL is an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vent of Beteejay Spring, and is allocated as follows:

(a) The WLA for NPDES 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-spring nitrate concentrations meet the TMDL target, which will require a 49 percent reduction of nitrate, based on mean concentrations from the 2004 – 2013 period.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 49 percent reduction of nitrate, based on mean concentrations from the 2004 – 2013 period.

(d) The Margin of Safety is implicit.

(23) Homosassa #1 Spring, Homosassa #2 Spring, Homosassa #3 Spring, Pumphouse Springs and Trotter Springs. The nutrient TMDLs are an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vent of Homosassa #1 Spring, Homosassa #2 Spring, Homosassa #3 Spring, Pumphouse Springs and Trotter Springs, and are allocated as follows:

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

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 65 percent reduction of nitrate for Homosassa #1 Spring, a 63 percent reduction of nitrate for Homosassa #2 Spring, a 66 percent reduction of nitrate for Homosassa #3 Spring, a 65 percent reduction of nitrate for Pumphouse Springs, and a 68 percent reduction of nitrate for Trotter Springs, based on mean concentrations from the 2004 – 2013 period.

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 65 percent reduction of nitrate for Homosassa #1 Spring, a 63 percent reduction of nitrate for Homosassa #2 Spring, a 66 percent reduction of nitrate for Homosassa #3 Spring, a 65 percent reduction of nitrate for Pumphouse Springs, and a 68 percent reduction of nitrate for Trotter Springs, based on mean concentrations from the 2004 – 2013 period.

(d) The Margin of Safety is implicit.

(24) Bluebird Springs. The nutrient TMDL is an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vent of Bluebird Spring, and is allocated as follows:

(a) The WLA for NPDES 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-spring nitrate concentrations meet the TMDL target, which will require a 69 percent reduction of nitrate, based on mean concentrations from the 2004 – 2013 period.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 69 percent reduction of nitrate, based on mean concentrations from the 2004 – 2013 period.

(d) The Margin of Safety is implicit.

(25) Hidden River Main Spring and Hidden River #2 Spring. The nutrient TMDLs are an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vent of Hidden River Main Spring and Hidden River #2 Spring, and are allocated as follows:

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

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 76 percent reduction of nitrate for Hidden River Main Spring and a 75 percent reduction of nitrate for Hidden River #2 Spring, based on mean concentrations from the 2004 – 2013 period.

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 76 percent reduction of nitrate for Hidden River Main Spring and a 75 percent reduction of nitrate for Hidden River #2 Spring, based on mean concentrations from the 2004 – 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 6-3-08, Amended 11-14-12, 6-7-13, 11-25-13, 6-18-14,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 24, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 15, 2014