The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Middle St. Johns River Basin, and Charlotte Harbor Basin. Furthermore, in accordance with paragraph 62-...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-304.505Middle St. Johns River Basin TMDLS.

62-304.805Charlotte Harbor 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 nutrients in the Middle St. Johns River Basin, and Charlotte Harbor Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for DeLeon Spring, Gemini Springs, Sanibel Slough West and Sanibel Slough East will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(90)(b), F.A.C., that will supersede the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., for these surface water segments.

SUMMARY: These TMDLs address certain nutrient impairments in the Middle St. Johns River Basin, and Charlotte Harbor Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for the DeLeon Spring (WBID 3424) and Gemini Springs (3424Z), Sanibel Slough West (WBID 2754), and Sanibel Slough East (2872A). The DeLeon Spring and Gemini Springs waterbodies were verified for nutrient impairments because elevated concentrations of nitrate contributed to an imbalance of flora caused by algal smothering in the spring run; Sanibel Slough (West and East) waterbodies were verified for nutrient impairments due to elevated chlorophyll a concentrations, using the methodology established in Chapter 62-303, F.A.C. This rulemaking has been given an OGC case number 17-0849 for rule 62-304.505, F.A.C. and 17-0850 for rule 62-304.805, F.A.C..

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 $6,277,304 per year for DeLeon Spring, $4,341,379 per year for Gemini Springs, $323,000 per year for Sanibel Slough West and Sanibel Slough East, 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.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: August 25, 2017, 2:00 p.m.

PLACE: Bob Martinez Center, 2600 Blair Stone Road, Conference Room 609, Tallahassee, Florida

Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 48 hours before the workshop/meeting by contacting: Erin Rasnake, [phone]. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).

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:

 

62-304.505 Middle St. Johns River Basin TMDLs.

(1) through (15) No change.

(16) DeLeon Spring. The nutrient TMDL for the DeLeon Spring is an annual arithmetic mean of 0.35 mg/L nitrate at the spring vent, 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 Municipal Separate Storm Sewer System (MS4) Permitting Program is a 56 % reduction of nitrate based on average concentrations from the 2009-2016 period,

(c) The LA for nonpoint sources is a 56 % reduction of nitrate based on average loads from the 2009-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for nitrate has 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.

(17) Gemini Springs. The nutrient TMDL for Gemini Springs is an annual arithmetic mean of 0.35 mg/L nitrate at the spring vent, 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 74 % reduction of nitrate based on average concentrations from the 2009-2016 period,

(c) The LA for nonpoint sources is a 74 % reduction of nitrate based on average loads from the 2009-2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for nitrate has 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 10-15-09, 7-17-14, _____.

 

62-304.805 Charlotte Harbor Basin TMDLs.

(1) through (3) No change

(4) Sanibel Slough West. The nutrient TMDL for Sanibel Slough West is a three-year average of annual loads of 1,903 kilograms per year (kg/year) TN and 241 kg/year TP, which are intended to achieve an annual geometric mean chlorophyll a concentration of 11 µg/L not to be exceed more than once in any consecutive three-year period, 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 26 % reduction of TN and a 34 % reduction of TP from the 2007-2013 period,

(c) The Load Allocation (LA) for nonpoint sources is a 26 % reduction of TN and a 34 % reduction of TP based on average loads from the 2007-2013 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has 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.

(5) Sanibel Slough East. The nutrient TMDL for Sanibel Slough East is a three-year average of annual loads of 1,091 kg/year TN and 123 kg/year TP, which are intended to achieve an annual geometric mean chlorophyll a concentration of 21 µg/L not to be exceed more than once in any consecutive three-year period, 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 54 % reduction of TN and a 74 % reduction of TP based on average loads from the 2007-2013 period,

(c) The LA for nonpoint sources is a 54 % reduction of TN and a 74 % reduction of TP based on average loads from the 2007-2013 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP has 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 1-15-09, Amended 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: June 27, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 17, 2017