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

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.625Peace River Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Peace River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Lake Haines, Lake Rochelle, Lake Conine, Lake Alfred, Lake Blue, Lake Marianna, Lake Ariana, and Eagle Lake 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 Peace River Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for the Lake Haines (1488C), Lake Rochelle (1488B), Lake Conine (1488U), Lake Alfred (1488D), Lake Blue (1521Q), Lake Marianna (1521L), Lake Ariana (1501B), and Eagle Lake (1623M). Lake Hollingsworth (1549x) is also included in this proposed rule for updates to the percent reductions for nitrogen and phosphorus. All waterbodies were verified for nutrient impairments due to elevated chlorophyll a concentrations, using the methodology established in Chapter 62-303, F.A.C. This rulemaking has been given an OGC case number 18-0183.

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 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 no additional costs within one year after the rule becoming effective, but total costs after implementation of the rule are estimated to be $6,347,120 per year for Lake Haines, Lake Rochelle, Lake Conine; $893,590 per year for Lake Alfred; $981,000 per year for Lake Blue; $5,244,577 per year for Lake Marianna; $11,555,394 per year for Lake Ariana; $4,901,861 per year for Eagle Lake, $1,419,300 per year for Lake Hollingsworth; the majority of which is expected to be borne by governmental 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: June 29, 2018, 2:00 p.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: Erin Rasnake, [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: Erin Rasnake, 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:

 

62-304.625 Peace River Basin TMDLs.

(1) through (13)  No change.

(14) Lake Hollingsworth: The nutrient TMDL for Lake Hollingsworth is an annual in-lake geometric mean concentration of 0.86 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable;

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 68 52% reduction of TN (calculated from 2.66 mg/L) and a 75 57% reduction of TP (calculated from 0.12 mg/L), which are the highest annual geometric based on mean concentrations from the 2002-2012 period;

(c) The LA for nonpoint sources is a 68 52 % reduction of TN (calculated from 2.66 mg/L) and a 75 57 % reduction of TP (calculated from 0.12 mg/L), which are the highest annual geometric based on mean concentrations from the 2002-2012 period; and,

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(15) through (16) No change.

(17) Lake Haines. The nutrient TMDL for Lake Haines is an annual geometric mean concentration of 1.05 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for high color lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 33 % reduction of TN (calculated from 1.56 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 33 % reduction of TN (calculated from 1.56 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentration from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(18) Lake Rochelle. The nutrient TMDL for Lake Rochelle is an annual geometric mean concentration of 1.05 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 32 % reduction of TN (calculated from 1.54 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 32 % reduction of TN (calculated from 1.54 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(19) Lake Conine. The nutrient TMDL for Lake Conine is an annual geometric mean concentration of 1.05 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 36 % reduction of TN (calculated from 1.65 mg/L) and a 57 % reduction of TP (calculated from 0.07 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 36 % reduction of TN (calculated from 1.65 mg/L) and a 57 % reduction of TP (calculated from 0.07 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(20) Lake Alfred. The nutrient TMDL for Lake Alfred is an annual geometric mean concentration of 1.69 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 16 % reduction of TN (calculated from 2.00 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 16 % reduction of TN (calculated from 2.00 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(21) Lake Blue. The nutrient TMDL for Lake Blue is an annual geometric mean concentration of 1.16 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 66 % reduction of TN (calculated from 3.45 mg/L) and a 67 % reduction of TP (calculated from 0.09 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 66 % reduction of TN (calculated from 3.45 mg/L) and a 67 % reduction of TP (calculated from 0.09 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(22) Lake Marianna. The nutrient TMDL for Lake Marianna is an annual geometric mean concentration of 1.00 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 44 % reduction of TN (calculated from 1.79 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 44 % reduction of TN (calculated from 1.79 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(23) Lake Ariana. The nutrient TMDL for Lake Ariana is an annual geometric mean concentration of 0.97 mg/L TN and 0.03 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, high alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 36 % reduction of TN (calculated from 1.51 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 36 % reduction of TN (calculated from 1.51 mg/L) and a 0 % reduction of TP (calculated from 0.03 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(24) Eagle Lake. The nutrient TMDL for Eagle Lake is an annual geometric mean concentration of 0.63 mg/L TN and 0.01 mg/L TP, which is intended to achieve the applicable annual geometric mean chlorophyll a criterion for low color, low alkalinity lakes, and is allocated as follows:

(a) The WLA for wastewater point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 38 % reduction of TN (calculated from 1.01 mg/L) and a 50 % reduction of TP (calculated from 0.02 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period,

(c) The LA for nonpoint sources is a 38 % reduction of TN (calculated from 1.01 mg/L) and a 50 % reduction of TP (calculated from 0.02 mg/L), which are the highest annual geometric mean concentrations from the 2003-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-1-07, Amended 2-9-15,              .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: April 16, 2018

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: February 21, 2018