The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Peace River Basin and Withlacoochee River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a)...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-304.625Peace River Basin TMDLs

62-304.640Withlacoochee 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 Peace River Basin and Withlacoochee River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Lake Lulu, Lake Eloise, Lake Shipp, Lake May, Lake Howard, Lake Cannon, Lake Hartridge, Lake Idylwild, Lake Jessie, Gum Springs (Alligator Springs), Wilson Head Spring, and Blue Spring (Citrus County) will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(48)(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 Peace River Basin and Withlacoochee River Basin. Specifically, the nutrient TMDL rules being proposed for adoption in the Peace River Basin are for Lake Lulu (WBID 1521), Lake Eloise (WBID 1521B), Lake Shipp (WBID 1521D), Lake May (WBID 1521E), Lake Howard (WBID 1521F), Lake Cannon (WBID 1521H), Lake Hartridge (WBID 1521I), Lake Idylwild (WBID 1521J), and Lake Jessie (WBID 1521K). These 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 19-1245.

The nutrient TMDL rules being proposed for adoption in the Withlacoochee River Basin are for Gum Springs (Alligator Springs) (1338A), Wilson Head Spring (WBID 1329R), and Blue Spring (Citrus County) (WBID 1329S). Gum Springs, Wilson Head Spring, and Blue Spring were verified for nutrient impairments because elevated concentrations of nitrate contributed to an imbalance of flora caused by algal smothering, using the methodology established in Chapter 62-303, F.A.C. This rulemaking has been given an OGC case number 19-1246.

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 $29,643,226 per year for Lakes Lulu, Eloise, Shipp, May, Howard, Cannon, Hartridge, Idylwild, and Jessie; and $21,402,717 per year for Gum Springs, Wilson Head Spring, and Blue Spring; 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: September 20, 2019, 2:00 p.m.

PLACE: Bob Martinez Center, 2600 Blair Stone Road, Conference Room 176, 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:

 

62-304.625 Peace River Basin TMDLs

(1) Lake Cannon. The nutrient TMDL Total Maximum Daily Load for Lake Cannon is an annual in-lake geometric mean concentration of 1.07 mg/L Total Nitrogen (TN) and 0.03 mg/L Total Phosphorus (TP) which are intended to achieve the applicable annual geometric mean (AGM) chlorophyll a criterion for low color and high alkalinity lakes, for Total Phosphorus (TP) is 143 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake;

(b) The WLA Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Stormwater Sewer System (MS4) Permitting Program is a 20 % 54 percent reduction of TN (calculated from 1.33 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the average TP loading for the 1990 2008 - 2016 to 1999 period;

(c) The Load Allocation (LA) for nonpoint sources is 20 % reduction of TN (calculated from 1.33 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period, 129 kg/year of TP; and,

(d) The Margin of Safety is implicit. 14 kg/year of TP.

(e) While the LA 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.

(2) Lake Howard. The nutrient TMDL Total Maximum Daily Load for Lake Howard is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes for Total Phosphorus (TP) is 143 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake;

(b) The WLA Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater NPDES MS4 Permitting Program is a 63 percent 39 % reduction of TN (calculated from 1.76 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the average TP loading for the 2008 – 2016 1990 to 1999 period;

(c) The LA Load Allocation for nonpoint sources is 126 kg/year of TP; 39 % reduction of TN (calculated from 1.76 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period, and,

(d) The Margin of Safety is implicit 17 kg/year of TP.

(e) While the LA 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.

(3) Lake Idylwild. The nutrient TMDL Total Maximum Daily Load for Lake Idylwild is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes for Total Phosphorus (TP) is 64 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake;

(b) The WLA Wasteload Allocation for discharges subject to the Department’s NPDES MS4 National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 43 percent 31 % reduction of TN (calculated from 1.54 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2008 - 2016 the average TP loading for the 1990 to 1999 period;

(c) The LA Load Allocation for nonpoint sources is 59 kg/year of TP 31 % reduction of TN (calculated from 1.54 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period,; and,

(d) The Margin of Safety is implicit 5 kg/year of TP.

(e) While the LA 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.

(4) Lake Jessie. The nutrient TMDL Total Maximum Daily Load for Lake Jessie is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes for Total Phosphorus (TP) is 140 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake;

(b) The WLA Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater NPDES MS4 Permitting Program is a 50 percent 12 % reduction of TN (calculated from 1.21 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 of the average TP loading for the 1990 to 1999 period;

(c) The LA Load Allocation for nonpoint sources is 12 % reduction of TN (calculated from 1.21 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period, 127 kg/year of TP; and,

(d) The Margin of Safety is implicit 13 kg/year of TP.

(e) While the LA 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) Lake Lulu. The nutrient TMDL Total Maximum Daily Load for Lake Lulu is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes for Total Phosphorus (TP) is 84 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake;

(b) The WLA Wasteload Allocation for discharges subject to the Department’s NPDES MS4 National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 35 % 55 percent reduction of TN (calculated from 1.64 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 the average TP loading for the 1990 to 1999 period;

(c) The LA Load Allocation for nonpoint sources is 35 % reduction of TN (calculated from 1.64 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period, 75 kg/year of TP; and,

(d) The Margin of Safety is implicit 9 kg/year of TP.

(e) While the LA 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.

(6) Lake May. The nutrient TMDL Total Maximum Daily Load for Lake May is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes for Total Phosphorus (TP) is 88 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake;

(b) The WLA Wasteload Allocation for discharges subject to the Department’s NPDES MS4 National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 44 % 58 percent reduction of TN (calculated from 1.90 mg/L) and a 57 % reduction of TP (calculated from 0.07 mg/L), which is based on the highest AGM concentrations from the 2008 – 2016 the average TP loading for the 1990 to 1999 period;

(c) The LA Load Allocation for nonpoint sources is 44 % reduction of TN (calculated from 1.90 mg/L) and 57 % reduction of TP (calculated from 0.07 mg/L), which is based on the highest AGM concentration from the 2008 - 2016 period, 79 kg/year of TP; and,

(d) The Margin of Safety is implicit 9 kg/year of TP.

(e) While the LA 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.

(7) No change.

(8) Lake Shipp. The nutrient TMDL Total Maximum Daily Load for Lake Shipp is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes for Total Phosphorus (TP) is 97 kilograms per year (kg/year), and is allocated as follows:

(a) The WLA Wasteload Allocation for wastewater sources is not applicable because there are no permitted point sources authorized to discharge wastewater to the lake;

(b) The WLA Wasteload Allocation for discharges subject to the Department’s NPDES MS4 National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 49 % 65 percent reduction of TN (calculated from 2.08 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016 the average TP loading for the 1990 to 1999 period;

(c) The LA Load Allocation for nonpoint sources is 49 % reduction of TN (calculated from 2.08 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period, 84 kg/year of TP; and,

(d) The Margin of Safety is implicit 13 kg/year of TP.

(e) While the LA 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.

(9) through (24) No change.

(25) Lake Eloise. The nutrient TMDL for Lake Eloise is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, 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 MS4 Permitting Program is a 33 % reduction of TN (calculated from 1.59 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016  period;

(c) The LA for nonpoint sources is 33 % reduction of TN (calculated from 1.59 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA 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.

(26) Lake Hartridge. The nutrient TMDL for Lake Hartridge is an AGM concentration of 1.07 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable AGM chlorophyll a for low color and high alkalinity lakes, 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 MS4 Permitting Program is a 36 % reduction of TN (calculated from 1.66 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2008 – 2016  period;

(c) The LA for nonpoint sources is 36 % reduction of TN (calculated from 1.66 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2008 - 2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA 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 5-1-07, Amended 2-19-15, 8-19-18, _______.

 

62-304.640 Withlacoochee Basin TMDLs

(1) through (2) No change.

(3) Gum Springs (Alligator Springs). The nutrient TMDL for Gum Springs (Alligator Springs) is an annual geometric mean (AGM) of 0.35 mg/L nitrate-nitrite at the spring vent, 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 MS4 Permitting Program is a 78 % reduction of nitrate-nitrite (calculated from 1.58 mg/L), which is based on the highest AGM concentration from the 2009 – 2017  period;

(c) The LA for nonpoint sources is 78 % reduction of nitrate-nitrite (calculated from 1.58 mg/L), which is based on the highest AGM from the 2009 - 2017 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for nitrate-nitrite 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.

(4) Wilson Head Spring. The nutrient TMDL for Wilson Head Spring is an AGM of 0.35 mg/L nitrate-nitrite at the spring vent, 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 MS4 Permitting Program is a 43 % reduction of nitrate-nitrite (calculated from 0.61 mg/L), which is based on the highest AGM concentration from the 2009 – 2017  period;

(c) The LA for nonpoint sources is 43 % reduction of nitrate-nitrite (calculated from 0.61 mg/L), which is based on the highest AGM from the 2009 - 2017 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for nitrate-nitrite 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) Blue Spring (Citrus County). The nutrient TMDL for Blue Spring (Citrus County) is an AGM of 0.35 mg/L nitrate-nitrite at the spring vent, 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 MS4 Permitting Program is a 61 % reduction of nitrate-nitrite (calculated from 0.90 mg/L), which is based on the highest AGM concentration from the 2009 – 2017  period;

(c) The LA for nonpoint sources is 61 % reduction of nitrate-nitrite (calculated from 0.90 mg/L), which is based on the highest AGM from the 2009 - 2017 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for nitrate-nitrite 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 5-7-13, Amended 12-11-16., _______.

 

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: July 23, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 29, 2019