The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms, biochemical oxygen demand (BOD), and phosphorus for Spruce Creek.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.435: Upper East Coast Basin TMDLS
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms, biochemical oxygen demand (BOD), and phosphorus for Spruce Creek.
SUMMARY: These TMDLs address fecal coliform and dissolved oxygen (DO) impairment in Spruce Creek, which was verified as impaired by fecal coliforms, BOD, and phosphorus using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code. For the phosphorus and DO TMDLs, water quality targets were identified using statistical regression equations established between dissolved oxygen and BOD concentrations, and between dissolved oxygen and total phosphorus concentrations. The percent reduction method was used to develop the fecal coliform TMDL.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department does not plan to prepare a Statement of Estimated Regulatory Cost (SERC) for this proposed Rule.
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.
SPECIFIC AUTHORITY: 403.061, 403.067 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.062, 403.067 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 24, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room A204, 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: Ms. Pat Waters at [phone]. 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: Jan Mandrup-Poulsen, Division of Water Resource Management, Bureau of Watershed Management, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone]

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.435 Upper East Coast Basin TMDLs Spruce Creek.

(1) The Total Maximum Daily Load for the freshwater segment of Spruce Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1997 to 2005 period, will require a 53 percent reduction at sources contributing to exceedances of the criteria,

(b) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1997 to 2005 period, will require a 53 percent reduction at sources contributing to exceedances of the criteria, and

(c) The Margin of Safety is implicit.

(d) While the LA and WLA for fecal coliform have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream fecal concentration.  However, it is not the intent of the TMDL to abate natural background conditions.

(2) The Total Maximum Daily Load for the marine segment of Spruce Creek is based on achieving the Class 3 marine minimum dissolved oxygen criterion of 4.0 mg/L, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 25 percent reduction of current anthropogenic 5 day biochemical oxygen demand (BOD₅) loading, and a 27 percent reduction of current anthropogenic total phosphorus (TP) loading based on measured concentrations from the 1992 to 2005 period,

(b) The Load Allocation for nonpoint sources is a 25 percent reduction of current anthropogenic 5 day biochemical oxygen demand (BOD₅) loading, and a 27 percent reduction of current anthropogenic total phosphorus (TP) loading based on measured concentrations from the 1992 to 2005 period, and

(c) The Margin of Safety is implicit.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New                       .

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi Drew, Deputy Secretary Regulatory Programs and Energy, Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 12, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 21, 2008