The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocations, for certain waters impaired for nutrients in the Withlacoochee Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDL ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.640Withlacoochee Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocations, for certain waters impaired for nutrients in the Withlacoochee Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDL for Lake Juliana will constitute a site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C., that will supersede the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C. for this surface water segment.

SUMMARY: This TMDL addresses certain nutrient impairments in the Withlacoochee Basin. Specifically, the nutrient TMDL rule being proposed for adoption is for Lake Juliana (WBID 1484B). This waterbody was verified for nutrient impairments using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop the TMDLs was the percent reduction method. This rulemaking has been given an OGC case number 16-0390.

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 regulatory costs within one year after implementation of the rule, but total long-term costs to attain the TMDL are estimated to be approximately $400,000, some of which will be borne by small businesses in the watershed.

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:

 

62-304.640 Withlacoochee Basin TMDLs.

(1) No change.

(2) through (5) renumbered as (a) through (d) No change.

(2) Lake Juliana. The nutrient TMDL for Lake Juliana is an annual geometric mean of 1.03 mg/L Total Nitrogen (TN), which is intended to achieve the applicable annual geometric mean chlorohyll a criterion for low color, high alkalinity lakes, 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 40% reduction of TN based on mean concentrations from the 2003-2013 period.

(c) The Load Allocation (LA) for nonpoint sources is a 40% reduction of TN based on mean concentrations from the 2003-2013 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN 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 5-7-13, Amended               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 6, 2015