The proposed rule amendments incorporate by reference a document titled “Implementation of Florida’s Numeric Nutrient Standards.” This document describes how Florida’s numeric nutrient standards in surface waters that were adopted by the Florida ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-302.300: Findings, Intent, and Antidegradation Policy for Surface Water Quality
PURPOSE AND EFFECT: The proposed rule amendments incorporate by reference a document titled “Implementation of Florida’s Numeric Nutrient Standards.” This document describes how Florida’s numeric nutrient standards in surface waters that were adopted by the Florida Environmental Regulation Commission in December 2011 will be implemented.
SUMMARY: The Department is amending Rule 62-302.300, F.A.C., to incorporate by reference a document titled “Implementation of Florida’s Numeric Nutrient Standards.” This document describes how Florida’s surface water quality numeric nutrient standards will be implemented.
OTHER RULES INCORPORATING THIS RULE: Chapter 62-302 and Rule 62-302.300 are referenced by the following Department rules: Rules 18-2.021, 62-4.160, 62-4.240, 62-4.241, 62-4.242, 62-4.246, 62-25.001, 62-25.030, 62-25.025, 62-25.080, 62-29.050, 62-40.120, 62-40.210, 62-45.070, 62-110.106, 62-113.200, 62-301.100, 62-302.200, 62-302.300, 62-302.400, 62-302.500, 62-302.520, 62-302.530, 62-302.540, 62-302.700, 62-302.800, 62-303.100, 62-303.200, 62-303.320, 62-303.330, 62-303.370, 62-303.400, 62-303.430, 62-304.310, 62-304.335, 62-304.500, 62-312.050, 62-312.310, 62-312.340, 62-312.400, 62-312.816, 62-312.819, 62-312.825, 62-330.100, 62-330.200, 62-340.700, 62-341.215, 62-341.486, 62-341.490, 62-341.494, 62-346.050, 62-346.051, 62-346.301, 62-348.200, 62-520.200, 62-520.520, 62-528.610, 62-528.630, 62-600.120, 62-600.200, 62-600.300, 62-600.400, 62-600.430, 62-600.440, 62-600.500, 62-600.520, 62-610.200, 62-610.300, 62-610.310, 62-610.554, 62-610.555, 62-610.650, 62-610.670, 62-610.810, 62-610.820, 62-610.830, 62-610.850, 62-610.860, 62-611.110, 62-611.200, 62-611.450, 62-611.500, 62-611.600, 62-611.650, 62-611.700, 62-620.320, 62-620.400, 62-620.610, 62-620.620, 62-620.800, 62-621.303, 62-624.800, 62-625.300, 62-625.400, 62-640.400, 62-650.300, 62-660.300, 62-673.340, 62-673.610, 62-701.200, 62-701.300, 62-709.500, 62-711.540, 62-761.200, 62-762.201, 62-770.200, 62-771.100, 62-777.150, 62-777.170, 62-780.200, 62-782.200, 62-785.200, 62B-49.008, 62B-49.012, and 62C-16.0051, F.A.C.
EFFECT ON THOSE OTHER RULES: The proposed amendments are not expected to have significant effects on other rules. The proposed amendments describe how Florida’s numeric nutrient standards in surface waters will be implemented and do not add new requirements.
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.
The Implementation Document primarily clarifies previously adopted procedures related to numeric nutrient criteria and does not impose any new requirements; however, it does describe studies that interested parties may voluntarily decide to conduct to demonstrate that the stream nutrient standards do not apply to a given waterbody. The costs of these studies are expected to be borne by some small businesses, so a SERC has been prepared. The aggregate statewide one-time cost is estimated at $59,200.
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: The Department relied upon the SERC.
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, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS.
LAW IMPLEMENTED: 373.414, 403.021(11), 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Tuesday, April 23, 2013, 9:00 a.m.
PLACE: Florida Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida
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: Eric Shaw at [phone] or the below information. 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: Eric Shaw, Department of Environmental Protection, Bureau of Assessment and Restoration Support, MS 6511, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, [phone] or e-mail: [e-mail]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-302.300 Findings, Intent, and Antidegradation Policy for Surface Water Quality.

(1) through (18) No change.

(19) The implementation of numeric nutrient standards under Rules 62-302.531 and 62-302.532, F.A.C., shall be implemented consistent with the document titled “Implementation of Florida’s Numeric Nutrient Standards,” dated March 2013, which is incorporated by reference herein.  Copies of this document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 373.414, 403.021(11), 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS. History–Formerly 17-3.041, Amended 1-28-90, Formerly 17-3.042, 17-302.300, Amended 12-19-94, 1-23-95, 12-26-96, 5-15-02, 12-7-06,__________ .

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 18, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 18, 2013