On May 10, 2013, Pace Water System, Inc., submitted a petition to initiate rulemaking to establish a Site Specific Alternative Criterion (SSAC) for pH in the Simpson River and adjacent wetlands (Pace Swamp) in Santa Rosa County. The Department ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-302.800Site Specific Alternative Criteria

PURPOSE AND EFFECT: On May 10, 2013, Pace Water System, Inc., submitted a petition to initiate rulemaking to establish a Site Specific Alternative Criterion (SSAC) for pH in the Simpson River and adjacent wetlands (Pace Swamp) in Santa Rosa County. The Department conducted a public workshop on November 12, 2013 in Pace, Florida. The Department determined that a SSAC was not needed in the Simpson River, but that there was justification for the SSAC in Pace Swamp. The proposed rule amendment establishes a SSAC for pH in Pace Swamp and replaces the Class III default criteria for pH in Pace Swamp. The proposed SSAC is fully protective of the Class III designated use of Pace Swamp.

SUMMARY: The proposed rule amendment establishes a SSAC for pH in Pace Swamp in Santa Rosa County of not greater than 7.0 standard units in more than ten percent of the measurements collected in a calendar year nor vary below natural background conditions. The proposed SSAC replaces the Class III default criteria for pH in Pace Swamp. A public hearing will be held before the Florida Environmental Regulation Commission as detailed below.
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.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: the proposed SSAC for pH fully protects the designated use of Pace Swamp and Pace Water, Inc., will not need to provide additional treatment to meet the SSAC because it’s discharge currently attains the SSAC value.

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, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS.

LAW IMPLEMENTED: 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.502 FS.

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

DATE AND TIME: Thursday, August 21, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, Tallahassee, Florida

Please note that some members of the Environmental Regulation Commission may participate by remote means, such as teleconferencing or webinar.

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 5 days before the workshop/meeting by contacting: Eric Shaw at [phone] or by the address or e-mail identified below. 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: Eric Shaw, Department of Environmental Protection, Standards Development Section, MS 6511, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, [phone] or e-mail: [e-mail]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-302.800 Site Specific Alternative Criteria.

(1) through (5)  No change.

(6) Type II site specific alternative criteria apply to the water bodies, or portions of the water bodies, listed below. For dissolved oxygen site specific alternative criteria, normal daily and seasonal fluctuations above the levels listed in the table below shall be maintained. For site specific alternative criteria with seasonal limits, the generally applicable criteria in Rule 62-302.530, F.A.C., apply at other times of the year.

 

 

Water Body and Class		Site Specific Alternative Criteria		County(s)
(a) through (d) No change.
(e) Pace Swamp as delineated on the map titled “Pace Swamp pH SSAC Boundary,” dated July 1, 2014, which is incorporated by reference herein.  Copies of this document may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.  Class III.		pH shall not exceed 7.0 standard units in more than 10 percent of the measurements collected in a calendar year, nor vary below natural background.		Santa Rosa

 

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.502 FS. History–Formerly 17-3.05(4), Amended 3-1-79, 10-2-80, 2-1-83, Formerly 17-3.031, Amended 6-17-92, Formerly 17-302.800, Amended 5-15-02, 1-9-06, 6-28-06, 12-7-06, 8-5-07, 8-5-10, 7-3-12, 8-1-13,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 23, 2014

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 25, 2013