The proposed rule amendments update the listing methodology for human health-based water quality criteria to determine water body impairments.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:
62-303.380Drinking Water Use Support and Protection of Human Health
62-303.480Drinking Water Use Support and Protection of Human Health
PURPOSE AND EFFECT: The proposed rule amendments update the listing methodology for human health-based water quality criteria to determine water body impairments.
SUMMARY: The Department is amending Chapter 62-303, F.A.C., to update the listing methodology for assessing human health-based water quality criteria in surface waters to determine water body impairments.
OTHER RULES INCORPORATING THIS RULE: Chapter 62-303, F.A.C., is referenced by the following rules: 62-40.210, 62-40.430, 62-40.540, 62-302.530, 62-302.531, 62-302.800, 62-303.100, 62-303.150, 62-303.200, 62-303.300, 62-303.310, 62-303.320, 62-303.330, 62-303.350, 62-303.351, 62-303.352, 62-303.353, 62-303.354, 62-303.360, 62-303.370, 62-303.380, 62-303.390, 62-303.400, 62-303.410, 62-303.420, 62-303.430, 62-303.450, 62-303.460, 62-303.470, 62-303.480, 62-303.500, 62-303.600, 62-303.700, 62-303.710, 62-303.720, 62-303.810, 62-304.100, 62-305.200, 62-672.700, F.A.C. Rule 62-303.380 is referenced by the following rules: 62-303.480, and 62-303.720, F.A.C. Rule 62-303.480 is referenced by the following rule: 62-303.720, F.A.C.
EFFECT ON THOSE OTHER RULES: The proposed amendments refine the methodology for assessing human health-based criteria in surface waters to determine water body impairment. These amendments are not expected to have a significant effect on other rules.
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 been prepared by the agency.
The Agency also prepared a detailed cost estimate identifying costs that might be incurred by various entities with discharges to Florida waters, and concluded that there would be no predicted costs for additional impairments resulting from the adoption of the proposed human health-based criteria and that facilities would not be anticipated to have compliance issues or associated costs due to the Department’s proposed criteria.
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 prepared a detailed cost estimate upon which it relied to determine whether legislative ratification would be required.
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: 403.062, 403.067 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 by the address or e-mail identified below. 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:

62-303.380 Drinking Water Use Support and Protection of Human Health.

(1) through (2) No change.

(3)A water shall be placed on the planning list for potential impairment of drinking water use support and the protection of assessment of the threat to human health if:

(a)For human health-based criteria expressed as monthly averages maximums, the water segment does not meet the applicable criteria based on the methodology described in Rule 62-303.320, F.A.C., or

(b)For human health-based criteria expressed as annual averages, the annual average concentration for any year of the assessment period exceeds the criteria. To be used to determine whether a water should be assessed further for human-health impacts, data must meet the requirements of subsections (2), (3), (6), and (7) in Rule 62-303.320, F.A.C. To calculate an annual average, there shall be at least three samples per year, with samples from at least three different quarters of the year.

(4)  No change.

 Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07,________.

 

62-303.480 Drinking Water Use Support and Protection of Human Health.

If the water segment was listed on the planning list due to exceedances of a human health-based water quality criterion and there were insufficient data from the last five years preceding the planning list assessment to meet the data sufficiency requirements of subsection 62-303.320(4), F.A.C., additional data will be collected as needed to meet the requirements. Once these additional data are collected, the Department shall re-evaluate the data using the methodology in subsection 62-303.380(2), F.A.C., and limit the analysis to data collected during the five years preceding the planning list assessment, the additional data collected pursuant to this paragraph (not to include data older than 7.5 years), and data older than 7.5 years if it is demonstrated to be representative of current conditions. Any determinations to use older data shall be documented by the Department, and the documentation shall provide the basis for the decision that the data are representative of current conditions. For this analysis, the Department shall exclude any data meeting the requirements of subsection 62-303.420(5), F.A.C. The following water segments shall be listed on the verified list:

(1) For human health-based criteria, other than bacteriological criteria, expressed as monthly averages maximums, water segments that meet the requirements in subsection 62-303.420(7), F.A.C., or

(2) through (3) No change.

 

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 9-4-07,________.

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 22, 2013
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 27, 2012