The proposed rule amendments update the listing methodology for assessment of the revised Dissolved Oxygen (DO) criteria to determine waterbody impairments and implement a variety of miscellaneous updates identified during the Triennial Review of ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:
62-303.300Methodology to Develop the Planning List
62-303.320Exceedances of Aquatic Life-Based Water Quality Criteria
62-303.353Nutrients in Estuaries and Open Coastal Waters
62-303.360Primary Contact and Recreation Use Support
62-303.370Fish and Shellfish Consumption Use Support
62-303.380Drinking Water Use Support and Protection of Human Health
62-303.420Aquatic Life-Based Water Quality Criteria Assessment
62-303.450Assessments of Numeric Interpretation of Narrative Nutrient Criteria
62-303.460Primary Contact and Recreation Use Support
62-303.470Fish and Shellfish Consumption Use Support
62-303.480Drinking Water Use Support and Protection of Human Health
62-303.500Prioritization
62-303.720Delisting Procedure
PURPOSE AND EFFECT: The proposed rule amendments update the listing methodology for assessment of the revised Dissolved Oxygen (DO) criteria to determine waterbody impairments and implement a variety of miscellaneous updates identified during the Triennial Review of Florida’s water quality standards.
SUMMARY: The Department proposes to amend Chapter 62-303, F.A.C., to update the listing methodology for assessment of the revised DO criteria used to determine waterbody impairments and implement a variety of other miscellaneous updates identified during the Triennial Review of Florida’s water quality standards.
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 62-303.300 is referenced by the following rule: 62-303.300, F.A.C. Rule 62-303.320 is referenced by the following rules: 62-303.310, 62-303.320, 62-303.330, 62-303.350, 62-303.360, 62-303.370, 62-303.380, 62-303.420, 62-303.460, 62-303.470, 62-303.480, and 62-303.720, F.A.C. Rule 62-303.353 is referenced by the following rules: 62-303.353 and 62-303.390, F.A.C. Rule 62-303.360 is referenced by the following rules: 62-303.360, 62-303.460, and 62-303.720, F.A.C. Rule 62-303.370 is referenced by the following rules: 62-303.370, F.A.C. Rule 62-303.380 is referenced by the following rules: 62-303.480 and 62-303.720, F.A.C. Rule 62-303.420 is referenced by the following rules: 62-303.390, 62-303.400, 62-303.410, 62-303.420, 62-303.460, 62-303.470, 62-303.480, and 62-303.720, F.A.C. Rule 62-303.450 is referenced by the following rules: 62-303.450 and 62-303.720, F.A.C. Rule 62-303.460 is referenced by the following rules: 62-303.406, 62-303.470, 62-303.480, and 62-303.720, F.A.C. Rule 62-303.470 is referenced by the following rules: 62-303.470 and 62-303.720, F.A.C. Rule 62-303.480 is referenced by the following rules: 62-303.480 and 62-303.720, F.A.C. Rule 62-303.500 is referenced by the following rule: 62-303.500, F.A.C. Rule 62-303.720 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 the revised DO criteria in surface waters used to determine water body impairment and implement a variety of miscellaneous updates identified during the Triennial Review of Florida’s water quality standards. 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 not been prepared by the agency.
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:

PART I

GENERAL

 

62-303.300 Methodology to Develop the Planning List.

(1) This part establishes a methodology for developing a planning list of waters to be assessed pursuant to subsections 403.067(2) and (3), F.S.

(2) Waters on the list of water segments submitted to EPA in 1998 that do not meet the data sufficiency requirements for the planning list shall nevertheless be included in the state’s initial planning list developed pursuant to this rule.

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

PART II

THE PLANNING LIST

 

62-303.320 Exceedances of Aquatic Life-Based Water Quality Criteria Assessment.

(1) Water segments shall be placed on the planning list if, using objective and credible data, as defined by the requirements specified in this section, the number of samples that do not meet an applicable water quality criterion due to pollutant discharges is greater than or equal to the number listed in Table 1 for the given sample size. For sample sizes up to 500, waters are placed on the planning list when 10 percent% or more of the samples do not meet the applicable criteria with a minimum of an 80 percent% confidence level using a binomial distribution. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed to list the waterbody with an 80 percent confidence level for the given sample size using the binomial distribution. 

Table 1  No change.

(2) through (3)  No change.

(4) To place a water segment on the planning list using Table 1, a water segment shall have a minimum of ten samples for the ten-year period, with at least five temporally independent samples. To be treated as a temporally independent sample, samples shall be at least one week apart, regardless of whether the samples are collected at different locations within the segment.

(a) For parameters other than dissolved oxygen (DO), samplesSamples collected at the same location less than four days apart shall be considered as one sample, with the median value used to represent the sampling period. However, if any of the individual dissolved oxygen (DO) values are less than 1.5 mg/l or, for other parameters, individual values exceed acutely toxic levels as listed in Table 2, then the worst-case value shall be used to represent the sampling period. The worst-case value is the minimum value for DO, both the minimum and maximum for pH, or the maximum value for other parameters. However, when DO data are available from diel or depth profile studies, the lower tenth percentile value shall be used to represent worst-case conditions for comparison against the minimum criteria.

(b) For lakes, the daily average DO level shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location on the same day.  For all other freshwaters, the daily average freshwater DO level shall be calculated as the average of all measurements collected in the water column.  If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily averages.

(c) The daily average freshwater DO criteria shall be assessed preferentially using daily average values calculated from full days of diel monitoring data.  A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.  If diel monitoring data are not available, instantaneous samples may be used to assess the DO criterion by comparing the instantaneous value with a time-of-day-specific translation of the daily average criterion. To determine the time-of-day-specific translation of the daily average criterion, the time (T) at which the DO sample was taken (in minutes past midnight) is entered into the appropriate equation below for the applicable region and waterbody type.  The actual DO measurement collected at a given time is assessed against the calculated time-of-day-specific translation for that time, and if the instantaneous DO is greater than or equal to the calculated value, the daily average DO criterion is achieved.

 

RegionEquations for Time-of-Day-Specific Translation of the Daily Average DO Criterion

Streams

Northeast + Big Bend1.1844 x 10-13 • T5 – 4.1432 x 10-10 • T4 + 4.7729 x 10-7 • T3 – 1.9692 x 10-4• T2 + 0.02314 • T + 31.24

Peninsula + Everglades1.9888 x 10-13 • T5 – 6.8941 x 10-10 • T4 + 7.8373 x 10-7 • T3 – 3.1598 x 10-4• T2 + 0.03551 • T + 33.43

Panhandle West9.0851 x 10-14 • T5 – 2.9941 x 10-10 • T4 + 3.1560 x 10-7 • T3 – 1.0851 x 10-4• T2 + 0.006285 • T + 65.61

Lakes

Northeast + Big Bend1.4578 x 10-13 • T5 – 5.5607 x 10-10 • T4 + 7.0683 x 10-7 • T3 – 3.1879 x 10-4• T2 + 0.02817 • T + 34.19

Peninsula + Everglades1.3709 x 10-13 • T5 – 5.0496 x 10-10 • T4 + 6.1352 x 10-7 • T3 - 2.5817 x 10-4• T2 + 0.01960 • T + 37.14

Panhandle West7.1190 x 10-14 • T5 – 2.6420 x 10-10 • T4 + 3.2247 x 10-7 • T3 – 1.3607 x 10-4• T2 + 0.01071 • T + 66.35

 

(d) If multiple instantaneous DO samples are available in a day, the time-of-day-specific translation of the daily average criterion will be calculated for each individual sample.  Achievement of the daily average DO criteria will be assessed by comparing the average of the actual DO measurements collected at each time against the average of the calculated time-of-day-specific translations for each time.  If the average of the measured DO values is greater than or equal to the average of the time-of-day-specific translations of the criteria, the daily average DO criterion is achieved.  An average of multiple daily values calculated in this manner will be considered as a single sample for assessment purposes.

(b) through (d) renumbered (e) through (g)  No change.

(5) For assessment of the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, waters will be listed on the planning list when more than 50 percent of the measurements are below the applicable median or more than 10 percent of the daily average values are below the applicable 10th percentile value at a minimum of a 80 percent confidence level using the binomial distribution.  The applicable median and 10th percentile values are specified by river segment in Appendix I of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters” (DEP-SAS-001/13), dated March, 2013, which is incorporated by reference herein. Copies of Appendix I 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.

(6)(5) For predominantly marine waters, the Department shall evaluate both the minimum allowable DO of 4.0 mg/l and the daily average DO criterion of 5.0 mg/l using Table 1 and shall also evaluate whether the seven-day and 30-day average criteria have been achieved during the planning period.  A water segment shall be placed on the planning list for potential DO impairment if the number of samples that do not meet the daily average DO criterion is greater than or equal to the number listed in Table 1 for the given sample size, or if it has a weekly average value below the weekly average DO criterion or a monthly average value below the monthly average DO criterion in the planning period.  At least four temporally independent samples are required to calculate the daily average for any given day.  For DO, temporally independent shall be defined as at least 4 hours apart.  If there are sufficient data to determine daily averages for more than one day within a four-day period, the Department shall use the median value of the daily averages to represent the sampling period.

(a) If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily, weekly and monthly averages.

(b) Where DO values are collected at multiple depths at a given station and time, the average of the values shall be used to represent the measurements unless any of the individual DO values are less than 2 mg/l, in which case the lower 25th percentile of the measured values shall be used. 

(c) For assessment purposes, the seven-day average DO percent saturation shall be calculated as a weekly average using a minimum of three full days of diel data collected within a week, or a minimum of ten grab samples collected over at least three days within a week, with each sample measured at least four hours apart.

(d) For assessment purposes, the 30-day average DO percent saturation shall be calculated as a monthly average using a minimum of three full days of diel data, with each diel sampling conducted in different weeks of the month, or grab samples collected from a minimum of ten different days of the month.

(e) A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.

(7) (6) Notwithstanding the requirements of subsection (4), water segments shall be included on the planning list if:

(a) There are less than ten samples for the segment, but there are three or more temporally independent samples that do not meet an applicable water quality criterion, or

(b) More than one sample do not meet an acute toxicity-based water quality criterion listed in subsection Rule 62-302.500(1) 62-302.530, F.A.C., or a water quality criterion for a synthetic organic compound or synthetic pesticide in any three year period.

(7) through (9) renumbered (8) through (10)  No change.

(11)For the assessment of the DO criteria, any DO data collected as a concentration in mg/l shall be converted to percent saturation using the temperature and salinity measured at the same location within fifteen minutes of the DO measurement.  Percent DO saturation shall be calculated using the method in Section 5.4 of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters,” (DEP-SAS-001/13), dated March, 2013, which is incorporated by reference herein. Copies of Section 5.4 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.

(10) through (11) renumbered (12) through (13)  No change.

(14) A water segment shall be placed on the planning list for DO impairment if there has been a statistically significant decreasing trend in DO levels or increasing trend in the range of daily DO fluctuations at the 90 percent confidence level using a one-sided Seasonal Kendall test for trend, as described in Helsel, D.R. and R.M. Hirsh, 2002, Statistical Methods in Water Resources, USGS, pages 338 though 340, which are incorporated by reference herein, after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods, and except as provided for under Rules 62-302.300 and 62-4.242, F.A.C.  A copy of pages 338 through 340 may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing FDEP, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL  32399-2400.

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

 

62-303.353 Nutrients in Estuaries and Open Coastal Waters.

Estuaries, estuary segments, or open coastal waters shall be included on the planning list for nutrients if:

(1) The numeric interpretation of the narrative nutrient criterion established in subsection 62-302.531(2), F.A.C., is exceeded; or

(2) For estuaries or open coastal waters without a numeric interpretation of the narrative nutrient criterion, theirTheir annual geometric mean chlorophyll a for any year is greater than 11 ug/l,

(3) through (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, 7-2-12,_______.

 

62-303.360 Primary Contact and Recreation Use Support.

(1) A Class I, II, or III water shall be placed on the planning list for evaluating primary contact and recreation use support if:

(a) There is a sufficient number of samples from the water segment that do not meet the applicable water quality criteria for bacteriological quality based on the methodology described in Rule 62-303.320, F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as individual daily samples, or

(b) through (e) No change.

(2) through (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,_______.

 

62-303.370 Fish and Shellfish Consumption Use Support.

A Class I, II, or III water shall be placed on the planning list for fish and shellfish consumption if:

(1) There is a sufficient number of samples from the water segment that do not meet the applicable Class II water quality criteria for bacteriological quality based on the methodology described in Rule 62-303.320, F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as individual daily samples, or

(2) through (5)  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,_______.

 

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

(1) A Class I water shall be placed on the planning list for potential impairment of drinking water use support and the protection of human health if:

(a) There is a sufficient number of samples from the water segment that do not meet the applicable Class I water quality criteria for bacteriological quality based on the methodology described in Rule 62-303.320, F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as individual daily samples, or

(b) through (c) No change. 

(2) through (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,_______.

 

PART IV

THE VERIFIED LIST

 

62-303.420 Aquatic Life-Based Water Quality Criteria Assessment.

(1) through (7)  No change.

(8) For lakes, the daily average DO level shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location on the same day.  For all other freshwaters, the daily average freshwater DO level shall be calculated as the average of all measurements collected in the water column.  If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily averages.

(9) The daily average freshwater DO criteria shall be assessed preferentially using daily average values calculated from full days of diel monitoring data.  A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.  If diel monitoring data are not available, instantaneous samples may be used to assess the DO criterion by comparing the instantaeous value with a time-of-day-specific translation of the daily average criterion. To determine the time-of-day-specific translation of the daily average criterion, the time (T) at which the DO sample was taken (in minutes past midnight) is entered into the appropriate equation below for the applicable region and waterbody type.  The actual DO measurement collected at a given time is assessed against the calculated time-of-day-specific translation for that time, and if the instantaneous DO is greater than or equal to the calculated value, the daily average DO criterion is achieved.

 

RegionEquations for Time-of-Day-Specific Translation of the Daily Average DO Criterion

Streams

Northeast + Big Bend1.1844 x 10-13 • T5 – 4.1432 x 10-10 • T4 + 4.7729 x 10-7 • T3 – 1.9692 x 10-4• T2 + 0.02314 • T + 31.24

Peninsula + Everglades1.9888 x 10-13 • T5 – 6.8941 x 10-10 • T4 + 7.8373 x 10-7 • T3 – 3.1598 x 10-4• T2 + 0.03551 • T + 33.43

Panhandle West9.0851 x 10-14 • T5 – 2.9941 x 10-10 • T4 + 3.1560 x 10-7 • T3 – 1.0851 x 10-4• T2 + 0.006285 • T + 65.61

Lakes

Northeast + Big Bend1.4578 x 10-13 • T5 – 5.5607 x 10-10 • T4 + 7.0683 x 10-7 • T3 – 3.1879 x 10-4• T2 + 0.02817 • T + 34.19

Peninsula + Everglades1.3709 x 10-13 • T5 – 5.0496 x 10-10 • T4 + 6.1352 x 10-7 • T3 - 2.5817 x 10-4• T2 + 0.01960 • T + 37.14

Panhandle West7.1190 x 10-14 • T5 – 2.6420 x 10-10 • T4 + 3.2247 x 10-7 • T3 – 1.3607 x 10-4• T2 + 0.01071 • T + 66.35

 

If multiple instantaneous DO samples are available in a day, the time-of-day-specific translation of the daily average criterion will be calculated for each individual sample.  Achievement of the daily average DO  criterion will be assessed by comparing the average of the actual DO measurements collected at each time against the average of the calculated time-of-day-specific translations for each time.  If the average of the measured DO values is greater than or equal to the average of the time-of-day- specific translations of the criteria, the daily average DO criterion is achieved.  An average of multiple daily values calculated in this manner will be considered as a single sample for assessment purposes.

(10) For predominantly marine waters, the Department shall evaluate the daily average DO criterion using Table 3 of this section and shall also evaluate whether the seven-day and 30-day average criteria have been achieved during the verified period.  A water segment shall be placed on the verified list for DO impairment if the number of samples that do not meet the daily average DO criterion is greater than or equal to the number listed in Table 3 for the given sample size, or if there is more than one weekly average value below the weekly average DO criterion in any twelve week period of the verified period or more than one monthly average value below the monthly average DO criterion in any calendar year of the verified period.  Prior to placing a waterbody on the verified list, the Department shall identify the causative pollutant(s) responsible for the exceedances of the DO criteria.  Before assessing the weekly and monthly average DO criterion, the DO data shall be evaluated pursuant to subsections 62-303.420(3) and (5), F.A.C.

(a) If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily, weekly and monthly averages.

(b) Where DO values are collected at multiple depths at a given station and time, the average of the values shall be used to represent the measurements unless any of the individual DO values are less than 2 mg/l, in which case the lower 25th percentile of the measured values shall be used. 

(c) For assessment purposes, the seven-day average DO percent saturation shall be calculated as a weekly average using a minimum of three full days of diel data collected within a week, or a minimum of ten grab samples collected over at least three days within a week, with each sample measured at least four hours apart.

(d) For assessment purposes, the 30-day average DO percent saturation shall be calculated as a monthly average using a minimum of three full days of diel data, with each diel sampling conducted in different weeks of the month, or grab samples collected from a minimum of ten different days of the month.

(e) A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.

(11) For assessment of the DO criteria for the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, waters will be placed on the verified list when more than 50 percent of measurements are below the applicable median or more than 10 percent of the daily average values are below the applicable 10th percentile values, specified in Appendix I of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters,” which was incorporated by reference in subsection 62-303.320(5), F.A.C, at a minimum of a 90 percent confidence level using the binomial distribution.

(12) For the assessment of the DO criteria, any DO data collected as a concentration in mg/L shall be converted to percent saturation using the temperature and salinity measured at the same location within fifteen minutes of the DO measurement.  Percent DO saturation shall be calculated using the method in Section 5.4 of the “Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters,” which was incorporated by reference in subsection 62-303.320(11), F.A.C.

(13) A water segment shall be placed on the verified list for DO impairment if there has been a statistically significant decreasing trend in DO levels or an increasing trend in the range of daily DO fluctuations at the 95 percent confidence level using a one-sided Seasonal Kendall test for trend, as described in Helsel, D.R. and R.M. Hirsh, 2002, Statistical Methods in Water Resources, USGS, pages 338 though 340, which were incorporated by reference in subsection 62-303.320(14) F.A.C., after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods. Water segments shall not be placed on the verified list for DO impairment until the Department has identified a pollutant causing the decrease or if the decrease in DO levels was authorized under Rules 62-302.300 and 62-4.242, F.A.C.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.021(11), 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06, 7-2-12,_______.

 

62-303.450 Assessments of Numeric Interpretations of Narrative Nutrient Criteria.

(1) A stream or estuary shall be placed on the verified list for impairment due to nutrients if it exceeds the chlorophyll a thresholds in subsection 62-303.351(4), F.A.C., or subsection 62-303.353(2)(1), F.A.C., more than once in any consecutive three year period, and there are sufficient data from the last 7.5 years, combined with historical data (if needed to establish historical chlorophyll a levels), to meet the data sufficiency requirements of subsection 62-303.350(2), F.A.C. If there are insufficient data, additional data shall be collected as needed to meet the requirements. Once these additional data are collected, the Department shall determine if there is sufficient information, including paleoecological data, to develop a site-specific chlorophyll a threshold that better reflects conditions beyond which an imbalance in flora or fauna occurs in the water segment. If there is sufficient information, the Department shall re-evaluate the data using the site-specific thresholds. If there is insufficient information, the Department shall re-evaluate the data using the thresholds provided in subsections 62-303.351(4) and 62-303.353(1), F.A.C., for streams and estuaries and verify impairment if there is more than one exceedance in any consecutive three year period. In any case, the Department shall limit its analysis to the use of data collected during the last 7.5 years. If alternative thresholds are used for the analysis, the Department shall provide the thresholds for the record and document how the alternative threshold better represents conditions beyond which an imbalance in flora or fauna is expected to occur.

(2) through (6) 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, 7-2-12,_______.

 

62-303.460 Primary Contact and Recreation Use Support.

(1) through (2)  No change.

(3) Water segments shall be included on the verified list if:

(a) The number of samples that do not meet the applicable single-sample bacteriological water quality criteria meet the requirements in subsection 62-303.420(6), F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as individual daily samples, or

(b) No change.

(4) through (5) 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,_______.

 

62-303.470 Fish and Shellfish Consumption Use Support.

(1) through (2) No change.

(3) Class II waters shall be included on the verified list for coliform impairment if, following review of the available data as described in subsection 62-303.460(2), F.A.C.

(a) The number of samples above 43 counts per 100 ml meet the requirement in subsection 62-303.420(6), F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as individual daily samples, or

(b) No change.

(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 subsections 62-303.380(1) and (3) (2), F.A.C., and limit the analysis to data collected within 7.5 years of the time the water segment is proposed for listing on the verified list.  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 Ddata older than 7.5 years shall be used 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) through (2) No change.

(3) For bacteriological water quality criteria, water segments shall be included on the verified list if, following review of the available data as described in subsections 62-303.460(2) and (5), F.A.C.:

(a) The number of samples that do not meet the applicable single-sample bacteriological water quality criteria meet the requirements in subsection 62-303.420(6), F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as individual daily samples, or

(b) 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,_______.

 

PART V

MISCELLANEOUS PROVISIONS

 

62-303.500 Prioritization for TMDL Development.

(1) through (2)  No change.

(3) The following waters shall be designated low priority:

(a)Water segments that are listed before 2010 due to fish consumption advisories for mercury (due to the current insufficient understanding of mercury cycling in the environment).

(b)Man-made canals, urban drainage ditches, and other artificial water segments unless the impairment poses a threat to potable water supplies or to human health that are listed only due to exceedances of the dissolved oxygen criteria.

(c) renumbered (b) No change.

(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,_______.

 

62-303.720 Delisting Procedure.

(1)  No change.

(2) Waterbody segments shall be removed from the State’s verified list only after adoption of a TMDL, a Department determination that pollution control programs provide reasonable assurance that water quality standards will be attained pursuant to Rule 62-303.600 F.A.C., or upon demonstration that the waterbody meets the waterbody quality standard that was previously established as not being met.

(a) No change.

(b) For waters listed due to failure to meet aquatic life use support based on biological data pursuant to Rule 62-303.430, F.A.C., the waterbody shall be delisted when the two most recent independent follow-up Biological Health Assessments have been conducted and the waterbody no longer qualifies for the planning list pursuant to subsection 62-303.330(3), F.A.C. indicate the waterbody is no longer impaired pursuant to subsection 62-303.430(2), F.A.C. The follow-up tests must meet the following requirements:

1. through 3.  No change.

(c) through (e)  No change.

(f) For waters listed based on impacts to potable water supplies pursuant to paragraph 62-303.380(1)(b), the water shall be delisted when applicable water quality criteria are met as defined in paragraph 62-303.380(1)(a), F.A.C., and when the causes resulting in higher treatment costs have been ameliorated.

(g) through (n)  No change.

(o) For waters listed based on the monthly average DO criterion for predominantly marine waters, the waterbody shall be delisted when the monthly average DO criterion is met for at least three consecutive years and there are new data available for the same seasons in which the criterion was previously not achieved.

(p) For waters listed based on the weekly average DO criterion for predominantly marine waters, the waterbody shall be delisted when the weekly average DO criterion is met for at least three consecutive years and there are new data available for the same seasons in which the criterion was previously not achieved.

(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, 7-2-12,_______.

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