The purpose of the rule is to adopt basinwide Total Maximum Daily Loads (TMDLs), and their allocations, for each Class III surface water of the state in the Suwannee and Santa Fe River Basins that is verified as impaired for fecal coliform.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-304.400Upper Suwannee Basin TMDLs

62-304.405Lower Suwannee River Basin TMDLs

62-304.410Santa Fe Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt basinwide Total Maximum Daily Loads (TMDLs), and their allocations, for each Class III surface water of the state in the Suwannee and Santa Fe River Basins that is verified as impaired for fecal coliform.

SUMMARY: The basinwide TMDLs address all Class III waters verified as impaired for fecal coliform in either the Lower or Upper Suwannee River Basin, or the Santa Fe River Basin. The Department verifies waters as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. This rulemaking has been given an OGC case number 14-0261.

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.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rule(s) does 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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Xueqing Gao, Division of Environmental Assessment and Restoration, Watershed Evaluation and TMDL Section, 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:

 

62-304.400 Upper Suwannee River Basin TMDLs.

(1) Upper Suwannee River Basin Fecal Coliform Total Maximum Daily Loads (TMDLs). For each Class III surface water of the state in the Upper Suwannee River Basin verified as impaired for fecal coliform, the TMDL is 400 counts/100 mL fecal coliform and shall be allocated as follows:

(2) The Wasteload Allocation (WLA) for the National Pollutant Discharge Elimination System (NPDES) wastewater sources is not applicable,

(3) The WLA for discharges subject to the Department’s NPDES Municipal Separate Storm Sewer System (MS4) Permitting Program is not applicable,

(4) The Load Allocation (LA) for nonpoint sources is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion, and

(5) The Margin of Safety is implicit.

(6) While the LA for fecal coliform is expressed as the in-waterbody concentration needed to attain the applicable Class III criteria, it is the combined reductions from all anthropogenic sources that will result in the required reduction of in-waterbody fecal coliform concentration.  It is not the intent of the TMDL to abate natural background conditions.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New_________.

 

62-304.405 Lower Suwannee River Basin TMDLs.

(1) Lower Suwannee River Basin Fecal Coliform Total Maximum Daily Loads (TMDLs).  For each Class III surface water of the state in the Lower Suwannee River Basin verified as impaired for fecal coliform, the TMDL is 400 counts/100 mL fecal coliform and shall be allocated as follows:

(a) The Wasteload Allocation (WLA) for the National Pollutant Discharge Elimination System (NPDES) wastewater sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES Municipal Separate Storm Sewer System (MS4) Permitting Program is not applicable,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion, and

(d) The Margin of Safety is implicit.

(e) While the LA for fecal coliform is expressed as the in-waterbody concentration needed to attain the applicable Class III criteria, it is the combined reductions from all anthropogenic sources that will result in the required reduction of in-waterbody fecal coliform concentration.  It is not the intent of the TMDL to abate natural background conditions.

(2)(1) Middle Suwannee Planning Unit

(a) through (f) No change.

(3)(2) Lower Suwannee Planning Unit

(a) through (c) No change.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, Amended 11-16-08,_________.

 

62-304.410 Santa Fe River Basin TMDLs.

Santa Fe River Planning Unit

(1) through (3) No change.

(4) Santa Fe River Basin Fecal Coliform TMDLs.  For each Class III surface water of the state in the Santa Fe River Basin verified as impaired for fecal coliform, the TMDL is 400 counts/100 mL fecal coliform and shall be allocated as follows:

(a) The WLA for NPDES wastewater sources is established by their NPDES permit conditions included to attain the fecal coliform criteria,

(b) The WLA for discharges subject to the Department’s NPDES Municipal Separate Storm Sewer System (MS4) Permitting Program is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that the in-waterbody concentrations meet the 400 counts/100 mL fecal coliform criterion, and

(d) The Margin of Safety is implicit.

(e) While the WLA and LA for fecal coliform are expressed as the in-waterbody concentrations needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and anthropogenic nonpoint sources that will result in the required reduction of in-waterbody fecal coliform concentration.  It is not the intent of the TMDL to abate natural background conditions.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 11-16-08, Amended 12-7-08,_________.

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: May 28, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 9, 2013