Classification of Surface Waters, Usage, Reclassification, Classified Waters, Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NOS.: RULE TITLES:
62-302.400Classification of Surface Waters, Usage, Reclassification, Classified Waters
62-302.533Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters
NOTICE OF CHANGE
Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 39, No. 63, April 1, 2013 issue of the Florida Administrative Register.
The changes are made in response to written and oral comments from the Joint Administrative Procedures Committee, or as the result of staff recommendations that were discussed at an adoption hearing held on April 23, 2013. The proposed rule has changed so that when it is adopted it will read:
62-302.400 Classification of Surface Waters, Usage, Reclassification, Classified Waters.
(1) through (7) No change.
(8) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmative findings required in this section, as described in the DEP document titled, “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), dated June 2010, incorporated by reference herein. Copies of the Process document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.
(9) through (16) No change.
62-302.533 Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters.
(1) through (4) No change.
(5) Ambient DO levels above the minimum criteria specified in subsections 62-302.533(1) and (2), F.A.C., shall be maintained in accordance with and subject to Rules 62-302.300 and 62-4.242, F.A.C. Ambient DO levels will be considered to have declined, for purposes of this subsection This provision is not achieved if, after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods, a waterbody segment is shown to have a statistically significant decreasing trend in DO percent saturation or an increasing trend in the range of daily DO fluctuations at the 95 percent confidence level using the 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 through 340, which is incorporated by reference herein, or an alternative statistically valid trend at a one-sided confidence level of 95 percent. It must be demonstrated that the data satisfy all statistical assumptions of any alternative method used, including residual distribution, variance, and shape of relationship.
