The purpose of these rules is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Kissimmee River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), ....

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.515Kissimmee River Basin TMDLs

PURPOSE AND EFFECT: The purpose of these rules is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Kissimmee River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Lake Istokpoga will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(48)(b), F.A.C., that will supersede the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., for these surface water segments.

SUMMARY: These TMDLs address certain nutrient impairments in the Kissimmee River Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for Lake Istokpoga (WBID 1856B). This waterbody was verified for nutrient impairment using the methodology established in Chapter 62-303, F.A.C. This rulemaking has been given OGC case number 22-0142.

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 SERC estimates that there will be total costs after implementation of the rules of $49,321,974 per year. The majority of these costs are expected to be borne by governmental and agricultural entities in the watersheds.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rules do 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.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: May 20, 2022, 11:00 a.m.

PLACE: Bob Martinez Center, 2600 Blair Stone Road, Conference Room 609, 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 48 hours before the workshop/meeting by contacting: Ansel Bubel, [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: Ken Weaver, Division of Environmental Assessment and Restoration, Water Quality Evaluation and TMDL Program, 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:

 

62-304.515 Kissimmee River Basin TMDLs

(1) through (16)  No change.

(17) Lake Istokpoga. The nutrient TMDL for Lake Istokpoga is a 7-year average load of 1,345,998 lbs/yr of TN, and 54,073 lbs/yr of TP, which are intended to achieve the applicable AGM chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for the Avon Park Correctional Institute WWTF (Permit Number FL0040029) is 4,569 lbs/yr of TN and 1,523 lbs/yr of TP;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 23 % reduction of TN (calculated from 1,740,817 lbs/yr) and a 56 % reduction of TP (calculated from 123,127 lbs/yr), based on the highest 7-year average load from the 2006 – 2017 period; and

(c) The LA for nonpoint sources is a 23 % reduction of TN (calculated from 1,740,817 lbs/yr) and a 56 % reduction of TP (calculated from 123,127 lbs/yr), based on the highest 7-year average load from the 2006 – 2017 period.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-17-13, Amended 11-15-18, 1-30-20, 5-9-21, 11-9-21, 2-8-22, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Greg DeAngelo, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 15, 2022

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 31, 2022