DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO.: RULE TITLE:
62-302.300: Findings, Intent, and Antidegradation Policy for Surface Water Quality
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. 53, March 18, 2013 issue of the Florida Administrative Register.
The changes are made in response to written and oral comments from the public and the Joint Administrative Procedures Committee, and to correct several scriveners’ errors that do not affect the substance of the rule. The proposed rule has changed so that when it is adopted it will read:
62-302.300 Findings, Intent, and Antidegradation Policy for Surface Water Quality.
(1) through (18) No change.
(19) The implementation of numeric nutrient standards under Rules 62-302.531 and 62-302.532, F.A.C., shall be implemented consistent with the document titled “Implementation of Florida’s Numeric Nutrient Standards,” dated April March 2013, which is incorporated by reference herein. Copies of this document 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. This document references the following documents, which are incorporated by reference in Rule 62-302.531, which is not yet effective -- see editorial note for Rule 62-302.531, F.A.C.
(a) The following documents are incorporated by reference herein and may be obtained from the address above:
1. Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011;
2. Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011;
3. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated September 19, 2012;
4. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated September 19, 2012;
5. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated September 19, 2012;
6. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated September 19, 2012;
7. Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011;
8. Applicability of Chlorophyll a Methods (DEP-SAS-002/10), dated October 24, 2011;
9. Map of the Nutrient Watershed Regions, dated October 17, 2011;
10. Mann’s one-sided, upper-tail test for trend, as described in Nonparametric Statistical Methods by M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724;
11. Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., dated July 9, 2006; and
12. Rules 62-302.200 and 62-302.400, paragraphs 62-302.530(47)(a) and (47)(b), and Rules 62-302.531, 62-302.532, 62-302.800, 62-303.100, 62-303.350, 62-303.353, 62-303.390, 62-303.450, 62-340.200, 62-620.610, 62-620.620, 62-650.400, and 62-650.500, F.A.C.
(b) The following documents, each of which is incorporated by reference herein, are cited in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011:
1. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated September 19, 2012;
2. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated September 19, 2012;
3. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated September 19, 2012;
4. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated September 19, 2012;
5. Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011; and
6. Development of Aquatic Life Use Support Attainment Thresholds for Florida’s Stream Condition Index and Lake Vegetation Index (DEP-SAS-003/11), dated October 24, 2011.
(c) The following document, which is incorporated by reference herein, is cited in Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011: LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated September 19, 2012.
(d) The following documents, each of which is incorporated by reference herein, are cited in one of the Standard Operating Procedures identified above in paragraph 62-302.300(19)(a), F.A.C.
1. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated September 19, 2012:
a. Merritt, R.W., and Cummins, K.W., An Introduction to the Aquatic Insects of North America, Third Edition, 1996;
b. Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011; and
c. FT 3100 Stream and River Habitat Assessment (DEP-SOP-001/01), dated September 19, 2012.
2. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated September 19, 2012:
a. Rule 62-340.450, F.A.C.; and
b. Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011.
3. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated September 19, 2012: Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011.
4. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated September 19, 2012: FA 5720, Section 1, Training for Habitat Assessment Testing, in DEP-SOP-001/01, dated September 19, 2012.
(e) The following documents, each of which is incorporated by reference herein, are cited in Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011, identified above in Subsection 62-302.300(19), F.A.C.
1. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated September 19, 2012;
2. Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011;
3. Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011;
4. Chapters 62-160 and 62-303, paragraphs 62-302.530(47)(b), 62-302.531(2)(a), and 62-302.531(c), and Rules 62-302.531 and 62-302.800, F.A.C.;
5. Process for Assessing Data Usability (DEP-EA 001/07), dated March 31, 2008;
6. Statistical Analysis of Groundwater Monitoring Data at RCRA Facilities, Unified Guidance, U.S. Environmental Protection Agency, EPA-530/R-09-007, March 2009; and
7. Helsel, D.R. and R. M. Hirsch, Techniques of Water-Resources Investigations of the United States Geological Survey, Book 4, Hydrologic Analysis and Interpretation, Chapter A3, Statistical Methods in Water Resources, pages 80 – 81, September 2002, U.S. Geological Survey.
(f) The following scientific analytical methods and documents, each of which is incorporated by reference herein, are cited in Applicability of Chlorophyll a Methods (DEP-SAS-002/10), dated October 24, 2011, identified above in Subsection 62-302.300(19), F.A.C.
1. Method 445.0 In Vitro Determination of Chlorophyll a and Pheophytin a in Marine and Freshwater Algae by Fluorescence, Elizabeth J. Arar and Gary B. Collins, Revision 1.2, September 1997, National Exposure Research Laboratory, Office of Research and Development, U.S. Environmental Protection Agency, Cincinnati, OH;
2. Method 446.0 In Vitro Determination of Chlorophylls a, b, c1 + c2 and Pheopigments in Marine And Freshwater Algae by Visible Spectrophotometry, adapted by Elizabeth J. Arar, Revision 1.2, September 1997, National Exposure Research Laboratory, Office of Research and Development, U.S. Environmental Protection Agency, Cincinnati, OH;
3. Method 447.0 Determination of Chlorophylls a and b and Identification of Other Pigments of Interest in Marine and Freshwater Algae Using High Performance Liquid Chromatography with Visible Wavelength Detection, Elizabeth J. Arar, Version 1.0, September 1997, National Exposure Research Laboratory, Office of Research and Development, U.S. Environmental Protection Agency, Cincinnati, OH; and
4. Standard Methods for the Examination of Water and Wastewater, Methods H.2.b, H.3. and H.4., 1999, American Public Health Association, American Water Works Association, Water Environment Federation.
(g) The following rules, each of which is incorporated by reference herein, are cited in Guide to Permitting Wastewater Facilities or Activities Under Chapter 62-620, F.A.C., dated July 9, 2006: Rules 62-4.242 and 62-4.246, F.A.C., paragraphs 62-4.244(3)(a) and (d), F.A.C., Chapters 62-160, 62-302, 62-520, 62-522, 62-528, 62-600, 62-601, 62-604, 62-610, 62-611, 62-620, 62-625, 62-640, 62-650, 62-660, 62-670, 62-671, 62-672, and 62-673, F.A.C.
Additionally, pages within the DEP document titled, “Implementation of Florida’s Numeric Nutrient Standards,” incorporated by reference in subsection 62-302.300(19), F.A.C., were modified in response to written comments from the Joint Administrative Procedures Committee (JAPC). Page 11 was modified to delete a Department internet hyperlink. Pages 11 - 12 were modified to delete unnecessary rule text. Page 13 was modified to clearly identify what the term “C of C score” means. Page 30 was modified to cross reference various sections of the Implementation Document in response to JAPC. Pages 45, 50, and 51 were modified to provide clarity as requested by JAPC, and page 56 was modified to correct a scrivener’s error.
