The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for dissolved oxygen in the Caloosahatchee River Basin.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.800Caloosahatchee 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 dissolved oxygen in the Caloosahatchee River Basin.

SUMMARY: These TMDLs address certain dissolved oxygen impairments in the Caloosahatchee River Basin. Specifically, the dissolved oxygen TMDL rules being proposed for adoption are for Townsend Canal (3235L), Long Hammock Creek (3237B), Lake Hicpochee (3237C), C-19 Canal (3237E), and S-4 Basin (3246). These waterbodies were verified for nutrient impairments due to elevated dissolved oxygen, using the methodology established in Chapter 62-303, F.A.C. This rulemaking has been given an OGC case number 19-0211.

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 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 $16,143,367 per year for Townsend Canal, Long Hammock Creek, Lake Hicpochee, C-19 Canal, and S-4 Basin; 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.

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: 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:

 

62-304.800 Caloosahatchee River Basin TMDLs

(1) through (3)  No change.

(4) Townsend Canal. The dissolved oxygen (DO) TMDL for Townsend Canal is a seven-year rolling average of annual loads of 300,564 pounds per year (lbs/year) TN, 28,749 lbs/year Total Phosphorus (TP), and 673,151 lbs/year biochemical oxygen demand (BOD), 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 37 % reduction of TN (calculated from 480,366 lbs/year), 38 % reduction of TP (calculated from 46,063 lbs/year), and a 37 % reduction of BOD (calculated from 1,077,001 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period,

(c) The LA for nonpoint sources is a 37 % reduction of TN (calculated from 480,366 lbs/year), a 38 % reduction of TP (calculated from 46,063 lbs/year), and a 37 % reduction of BOD (calculated from 1,077,001 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN, TP and BOD have been expressed as the percent reduction needed to attain the applicable Class III DO 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.

(5) Long Hammock Creek Basin. The DO TMDL for Canal 3, the 42-Foot Canal, and the Hilliard Canal within the Long Hammock Creek Basin is a seven-year rolling average of annual loads of 330,381 lbs/year TN, 25,384 lbs/year TP, and 773,946 lbs/year BOD, 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 42 % reduction of TN (calculated from 569,554 lbs/year), a 42 % reduction of TP (calculated from 43,774 lbs/year), and a 42 % reduction of BOD (calculated from 1,334,760 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period,

(c) The LA for nonpoint sources is a 42 % reduction of TN (calculated from 569,554 lbs/year), a 42 % reduction of TP (calculated from 43,774 lbs/year), and a 42 % reduction of BOD (calculated from 1,334,760 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN, TP and BOD have been expressed as the percent reduction needed to attain the applicable Class III DO 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.

(6) Lake Hicpochee. The DO TMDL for Lake Hicpochee is a seven-year rolling average of annual loads of 4,175,743 lbs/year TN, 227,423 lbs/year TP, and 5,768,701 lbs/year BOD, 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 2 % reduction of TN (calculated from 4,282,254 lbs/year), a 2 % reduction of TP (calculated from 232,916 lbs/year), and a 3 % reduction of BOD (calculated from 5,927,159 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period.

(c) The LA for nonpoint sources is a 2 % reduction of TN (calculated from 4,282,254 lbs/year), a 2 % reduction of TP (calculated from 232,916 lbs/year), and a 3 % reduction of BOD (calculated from 5,927,159 lb/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN, TP and BOD have been expressed as the percent reduction needed to attain the applicable Class III DO 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.

(7) C-19 Canal. The DO TMDL for C-19 Canal is a seven-year rolling average of annual loads of 78,114 lbs/year TN, 5,167 lbs/year TP, and 186,354 lbs/year BOD, 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 48 % reduction of TN (calculated from 150,963 lbs/year), a 48 % reduction of TP (calculated from 9,896 lbs/year), and a 48 % reduction of BOD (calculated from 361,071 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period,

(c) The LA for nonpoint sources is a 48 % reduction of TN (calculated from 150,963 lbs/year), a 48 % reduction of TP (calculated from 9,896 lbs/year), and a 48 % reduction of BOD (calculated from 361,071 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN, TP and BOD have been expressed as the percent reduction needed to attain the applicable Class III DO 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.

(8) S-4 Basin. The DO TMDL for the Disston Main Canal, Flaghole Canal, L-1 Canal, Ninemile Canal and Industrial Canal within the S-4 Basin is a seven-year rolling average of annual loads of 430,844 lbs/year TN, 28,622 lbs/year TP, and 664,946 lbs/year BOD, 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 23 % reduction of TN (calculated from 559,666 lbs/year), a 27 % reduction of TP (calculated from 39,269 lbs/year), and a 28 % reduction of BOD (calculated from 931,071 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period,

(c) The LA for nonpoint sources is a 23 % reduction of TN (calculated from 559,666 lbs/year), 27 % reduction of TP (calculated from 39,269 lbs/year), and a 28 % reduction of BOD (calculated from 931,071 lbs/year), which are based on the highest seven-year rolling average of annual loads from the 1996-2014 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN, TP and BOD have 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 8-3-06, Amended 8-13-09, 8-26-10, _______.

 

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 17, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 28, 2018