The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for three water segments in the Upper East Coast Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, the nutrient ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.435Upper East Coast Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for three water segments in the Upper East Coast Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, the nutrient TMDLs for these segments will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C. that will supersede the otherwise applicable numeric nutrient criteria in paragraph 62-302.531(2)(c) for these particular surface water segments.

SUMMARY: The TMDLs address certain nutrient impairments in the Upper East Coast Basin. Specifically, the TMDL rules being proposed for adoption are for the Tomoka River (fresh water segment), Halifax River (northern segment), and South Matanzas River (from the City of Palm Coast to the northern portions of Flagler Beach). These waterbodies were verified as impaired for nutrients using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodologies used to develop the TMDLs were applications of linear regression and general linear model methods. This rulemaking has been given an OGC case number 12-1391.

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.

Implementation costs associated with 1) wastewater facilities with National Pollutant Discharge Elimination System (NPDES) permits and 2) MS4 permits are estimated to be $407,400 for the Tomoka River, $1,919,300 for the Halifax River and $72,700 for the South Matanzas River per year.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rule 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: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone].

For the 21 day period after this notice, the Department will accept written comments on the establishment of these nutrient TMDLs as a site specific interpretation of the narrative nutrient criterion. Written comments should be directed to Jan Mandrup-Poulsen at the address above.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.435 Upper East Coast Basin TMDLs.

(1) through (3) No change.

(4) Tomoka River (Fresh Water Segment). The TMDL to address the nutrient impairment in the freshwater segment of Tomoka River is an annual average total nitrogen (TN) and total phosphorus (TP) concentration of 0.78 mg/L and 0.065 mg/L, respectively, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program (MS4) is a 30 percent reduction of current anthropogenic TN loading, and a 30 percent reduction of current anthropogenic TP loading based on measured concentrations from the 1992 to 2011 period,

(c) The LA for nonpoint sources is a 30 percent reduction of current anthropogenic TN and TP loadings based on measured concentrations from the 1992 to 2011 period, and

(d) The Margin of Safety is implicit.

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

(5) Halifax River (Northern Segment). The TMDL to address the nutrient impairment in the northern segment of Halifax River is an annual average total nitrogen (TN) and total phosphorus (TP) concentration of 1.13 mg/L and 0.185 mg/L, respectively, and is allocated as follows:

(a) The WLA for the Ormond Beach Wastewater Treatment Facility (WWTF) is 109,666 lbs TN/yr and 18,278 lbs TP/yr. The WLA for the Holly Hill WWTF is 21,933 lbs TN/yr and 7,311 lbs TP/yr. The WLA for the Daytona Beach/Bethune Point WWTF is 182,777 lbs TN/yr and 60,926 lbs TP/yr,

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program (MS4) is a 9 percent reduction of current anthropogenic TN loading based on measured concentrations from the 1995 to 2010 period,

(c) The LA for nonpoint sources is a 9 percent reduction of current anthropogenic TN loading, based on measured concentrations from the 1995 to 2010 period, and

(d) The Margin of Safety is implicit.

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

(6) South Matanzas River (from the City of Palm Coast to the northern portions of Flagler Beach). The TMDL to address the nutrient impairment in the South Matanzas River from the City of Palm Coast to the northern portions of Flagler Beach is an annual total nitrogen (TN) and total phosphorus (TP) load of 807,418 lbs TN/yr and 86,685 lbs TP/yr, and is allocated as follows:

(a) The WLA for the Palm Coast WWTF#1 is 111,190 lbs TN/yr and 30,466 lbs TP/yr. The WLA for the Palm Coast WWTF #2 facility is WLA is 6,483 lbs TN/yr and 1,625 lbs TP/yr.  The WLA for Beverly Beach WWTF is 4,606 lbs TN/yr and 503 lbs TP/yr. The WLA for the Dunes CDD-Reverse Osmosis Concentrate facility is 1,531 lbs TN/yr and 323 lbs TP/yr,

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program (MS4) is a 29 percent reduction of current anthropogenic TN and TP loadings based on measured concentrations from the 1997 to 2009 period,

(c) The LA for nonpoint sources is a 29 percent reduction of current anthropogenic TN and TP loadings based on measured concentrations from the 1997 to 2009 period, and

(d) The Margin of Safety is implicit.

(e) While the WLA and LA for TN and TP have been expressed as the pounds allowed and the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream TN and TP concentrations. However, 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 6-3-08, Amended 11-14-12,__________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, 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: June 15, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2011