The purpose of these rules is to adopt total maximum daily loads (TMDLs), and their allocations, for certain waters impaired for copper in the Everglades West Coast Basin.

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.810Everglades West Coast Basin TMDLs

PURPOSE AND EFFECT: The purpose of these rules is to adopt total maximum daily loads (TMDLs), and their allocations, for certain waters impaired for copper in the Everglades West Coast Basin.

SUMMARY: These TMDLs address certain copper impairments in the Everglades West Coast Basin. Specifically, the copper TMDL rules being proposed for adoption are for Naples Bay (WBID 3278R4), Rock Creek (WBID 3278R3) and Haldeman Creek (WBIDs 3278R1). These waterbodies were verified for copper impairment using the methodology established in Chapter 62-303, F.A.C. This rulemaking has been given OGC case number 23-1241.

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 total costs after implementation of the rules of $11,450 per year for Naples Bay, Haldeman Creek, and Rock Creek. The majority of these costs are expected to be associated with entities switching from utilization of copper-based algaecides to non-copper-based alternative algaecides within 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: Kevin O’Donnell, 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].

Public participation is solicited without regard to race, color, religion, sex, pregnancy, national origin, age, handicap or marital status. Persons who require special accommodations under the Americans with Disabilities Act (ADA) or persons who require translation services (free of charge) are asked to contact DEP’s Limited English Proficiency Coordinator at [phone] or [e-mail] at least ten (10) days before the meeting. If you have a hearing or speech impairment, please contact the agency using the Florida Relay Service, [phone] (TDD) or [phone] (voice).

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.810 Everglades West Coast Basin TMDLs.

(1) through (9) No change.

(10) Naples Bay (Coastal Segment). The copper TMDL for Naples Bay (Coastal Segment) is the applicable copper criterion for Class II marine waters of 3.7 µg/L, 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 to achieve a 56% reduction of copper (calculated from 8.5 µg/L), based on the highest observed copper concentration from the 2011-2020 period; and

(c) The LA for nonpoint sources is to achieve a 56% reduction of copper (calculated from 8.5 µg/L) based on the highest observed copper concentration from the 2011–2020 period.

(11) Rock Creek. The copper TMDL for Rock Creek is the applicable copper criterion for Class III marine waters of 3.7 µg/L, 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 to achieve a 47% reduction of copper (calculated from 7.0 µg/L), based on the highest observed copper concentration from the 2011–2020 period; and

(c) The LA for nonpoint sources is to achieve a 47% reduction of copper (calculated from 7.0 µg/L) based on the highest observed copper concentration from the 2011–2020 period.

(12) Haldeman Creek (Lower). The copper TMDL for Haldeman Creek (Lower) is the applicable copper criterion for Class III marine waters of 3.7 µg/L, 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 to achieve a 68% reduction of copper (calculated from 23.8 µg/L), based on the highest observed copper concentration from the 2011–2020 period; and

(c) The LA for nonpoint sources is to achieve a 68% reduction of copper (calculated from 23.8 µg/L) based on the highest observed copper concentration from the 2011–2020 period. 

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 10-21-08, Amended 5-9-21, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Kimberly Shugar, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: June 24, 2024

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: January 16, 2024