The purpose of the proposed revisions is to allow Chapter 62-303, F.A.C., to be re-adopted as a change to Florida’s water quality standards. While the rule will be re-adopted as a change to standards, the revisions clarify that the rule is intended ...
Notice of Proposed Rule
DEPARTMENT OF ENVIRONMENTAL PROTECTION
DepartmentalRULE NO: RULE TITLE
62-303.100: Scope and Intent
62-303.200: Definitions
62-303.300: Methodology to Develop the Planning List
62-303.310: Evaluation of Aquatic Life Use Support
62-303.320: Exceedances of Aquatic Life-Based Water Quality Criteria
62-303.330: Biological Assessment
62-303.340: Toxicity
62-303.350: Interpretation of Narrative Nutrient Criteria
62-303.352: Nutrients in Lakes
62-303.353: Nutrients in Estuaries
62-303.360: Primary Contact and Recreation Use Support
62-303.370: Fish and Shellfish Consumption Use Support
62-303.380: Drinking Water Use Support and Protection of Human Health
62-303.400: Methodology to Develop the Verified List
62-303.420: Exceedances of Aquatic Life-Based Water Quality Criteria
62-303.430: Biological Impairment
62-303.440: Toxicity
62-303.450: Interpretation of Narrative Nutrient Criteria
62-303.460: Primary Contact and Recreation Use Support
62-303.470: Fish and Shellfish Consumption Use Support
62-303.480: Drinking Water Use Support and Protection of Human Health
62-303.500: Prioritization
62-303.700: Listing Cycle
62-303.710: Format of Verified List and Verified List Approval
62-303.720: Delisting Procedure
PURPOSE AND EFFECT: The purpose of the proposed revisions is to allow Chapter 62-303, F.A.C., to be re-adopted as a change to Florida’s water quality standards. While the rule will be re-adopted as a change to standards, the revisions clarify that the rule is intended to evaluate attainment of water quality standards and any thresholds for impairment used in the rule apply solely for purposes of assessment and listing under sections 303(d) and 305(b) of the Clean Water Act.
SUMMARY: Substantive revisions to the rule include: 1) new text providing a different assessment methodology for exceedances of water quality criteria for synthetic organics and pesticides, 2) new text allowing the Department to use data older than ten years if it can be demonstrated to be representative of current conditions, 3) revisions to provisions related to sample representativeness, including changing the averaging period from seven to four days and deleting the requirement for data from three different seasons, 4) new text providing an assessment methodology for the daily average Dissolved Oxygen criterion for predominantly marine waters, 5) changing the requirements for data quality assessment elements to better track the requirements of Chapter 62-160, F.A.C., 6) deletion of the provisions related to assessment of toxicity test data, 7) new text describing how annual average chlorophyll a and Trophic State Index values will be calculated, 8) new text providing an assessment methodology for monthly average coliform water quality criteria, 9) revisions to the provisions related to assessment of shellfish harvesting classification information, and 10) new text allowing the Department to waive the minimum sample size requirement if the data provide overwhelming evidence of impairment.
SUMMARY OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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.
SPECIFIC AUTHORITY: 403.061, 403.067 FS.
LAW IMPLEMENTED: 403.021(11), 403.062, 403.067 FS.
A HEARING WILL BE HELD AT THE TIME, DATE AND PLACE SHOWN BELOW:
TIME AND DATE: 8/31/06 at 9:00 a.m.
PLACE: Department of Environmental Protection, 3900 Commonwealth Blvd., Conference Room A, Tallahassee, FL
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: Pat Waters (850) 245-8449. 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: Daryll Joyner, 2600 Blair Stone Rd, MS 3555, Tallahassee, FL 32399-2400, (850) 245-8431.
THE FULL TEXT OF THE PROPOSED RULE IS:CHAPTER 62-303
IDENTIFICATION OF IMPAIRED SURFACE WATERS
PART I
GENERAL
62-303.100Scope and Intent.
(1)This chapter establishes a methodology to identify surface waters of the state that will be included on the state’s planning list of waters that will be assessed pursuant to subsections 403.067(2) and (3), Florida Statutes (F.S.). It also establishes a methodology to identify impaired waters based on representative data that will be included on the state’s verified list of impaired waters, for which the Department will calculate Total Maximum Daily Loads (TMDLs), pursuant to subsection 403.067(4), F.S., and which will be submitted to the United States Environmental Protection Agency (EPA) pursuant to paragraph 303(d)(1) of the Clean Water Act (CWA).
(2)Subsection 303(d) of the CWA and section 403.067, F.S., describe impaired waters as those not meeting applicable water quality standards, which is a broad term that includes designated uses, water quality criteria, the Florida antidegradation policy, and moderating provisions. However, as recognized when the water quality standards were adopted, many water bodies naturally do not meet one or more established water quality criteria at all times, even though they meet their designated use. Data on exceedances of water quality criteria will provide critical information about the status of assessed waters, but it is the intent of this chapter to only list waters on the verified list that are impaired due to point source or nonpoint source pollutant discharges. It is not the intent of this chapter to include waters that do not meet otherwise applicable water quality criteria solely due to natural conditions or physical alterations of the water body not related to pollutants. Similarly, it is not the intent of this chapter to include waters where designated uses are being met and where water quality criteria exceedances are limited to those parameters for which permitted mixing zones or other moderating provisions (such as site-specific alternative criteria) are in effect. Waters that do not meet otherwise applicable water quality standards due to natural conditions or to pollution not related to pollutants shall be noted in the state’s water quality assessment prepared under subsection 305(b) of the CWA [305(b) Report].
(3)This chapter is intended to interpret existing water quality criteria and evaluate attainment of established designated uses water quality standards as set forth in Chapter 62-302, F.A.C., for the purposes of identifying water bodies or segments for which TMDLs will be established. It is not the intent of this chapter to establish requirements new water quality criteria or standards that would apply solely for purposes of assessment and listing under CWA sections 303(d) and 305(b). However, it is not the intent of this chapter, or to establish requirements determine the applicability of existing criteria under for other purposes under provisions of Florida law. In cases where this chapter relies on numeric indicators of ambient water quality as part of the methodology for determining whether existing narrative criteria are being met, these numeric values are intended to be used only in the context of developing a planning list and identifying an impaired water pursuant to this chapter. As such, exceedances of these numeric values shall not, by themselves, constitute violations of Department rules that would warrant enforcement action.
(4)Nothing in this rule is intended to limit any actions by federal, state, or local agencies, affected persons, or citizens pursuant to other rules or regulations.
(5)Pursuant to section 403.067, F.S., impaired waters shall not be listed on the verified list if reasonable assurance is provided that, as a result of existing or proposed technology-based effluent limitations and other pollution control programs under local, state, or federal authority, they will attain water quality standards in the future and reasonable progress towards attainment of water quality standards will be made by the time the next 303(d) list is scheduled to be submitted to EPA.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.021(11), 403.062, 403.067 FS. History - New 6-10-02, Amended .
62-303.200Definitions. As used in this chapter:
(1)“Bioassessment” shall mean a BioRecon, Lake Conditition Index, or Stream Condition Index.
(2)(1)“BioRecon” shall mean a biological evaluation assessment conducted in accordance with standard operating procedures (SOPs) FT 3000, FS 7410, and LT 7100, as promulgated in Chapter 62-160, F.A.C. following the procedures outlined in “Protocols for Conducting a Biological Reconnaissance in Florida Streams,” Florida Department of Environmental Protection, March 13, 1995, which is incorporated by reference.
(3)(2) “Clean techniques” shall mean those applicable field sampling procedures and analytical methods referenced in “Method 1669: Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels, July 1996, USEPA, Office of Water, Engineering and Analysis Division, Washington, D.C.,” which is incorporated by reference.
(4)(3)“Department" or “DEP” shall mean the Florida Department of Environmental Protection.
(5)(4)"Designated use" shall mean the present and future most beneficial use of a body of water as designated by the Environmental Regulation Commission by means of the classification system contained in Chapter 62-302, F.A.C.
(6)(5)“Estuary” shall mean predominantly marine regions of interaction between rivers and nearshore ocean waters, where tidal action and river flow mix fresh and salt water. Such areas include bays, mouths of rivers, and lagoons.
(7)(6)“Impaired water” shall mean a water body or water body segment that does not meet its applicable water quality standards as set forth in Chapters 62-302 and 62-4, F.A.C, as determined by the methodology in Part III of this chapter, due in whole or in part to discharges of pollutants from point or nonpoint sources.
(8)(7)“Lake Condition Index” shall mean the benthic macroinvertebrate component of a biological evaluation assessment conducted following the procedures outlined in “Development of Lake Condition Indexes (LCI) for Florida,” Florida Department of Environmental Protection, July, 2000, which is incorporated by reference.
(9)(8)"Natural background" shall mean the condition of waters in the absence of man-induced alterations based on the best scientific information available to the Department. The establishment of natural background for an altered waterbody may be based upon a similar unaltered waterbody or on historical pre-alteration data.
(10)(9)"Nuisance species" shall mean species of flora or fauna whose noxious characteristics or presence in sufficient number, biomass, or areal extent may reasonably be expected to prevent, or unreasonably interfere with, a designated use of those waters.
(11)(10) “Open coastal waters” shall mean all gulf or ocean waters that are not classified as estuaries or open ocean waters.
(12)“Open ocean waters” means all surface waters extending seaward from the most seaward natural 90-foot (15-fathom) isobath. Contour lines may be determined from National Oceanic and Atmospheric Administration Charts.
(13)“Physical alterations” shall mean human-induced changes to the physical structure of the water body.
(14)(11)“Planning list” shall mean the list of surface waters or segments for which assessments will be conducted to evaluate whether the water is impaired and a TMDL is needed, as provided in subsection 403.067(2), F.S.
(15)(12)“Pollutant” shall be as defined in subsection 502(6) of the CWA. Characteristics of a discharge, including dissolved oxygen, pH, or temperature, shall also be defined as pollutants if they result or may result in the potentially harmful alteration of downstream waters.
(16)(13)"Pollution" shall be as defined in subsection 502(19) of the CWA and subsection 403.031(2), F.S.
(17)(14)“Predominantly marine waters” shall mean surface waters in which the chloride concentration at the surface is greater than or equal to 1,500 milligrams per liter.
(18) “Reference water” means a waterbody that exhibits a range of physical, chemical and biological characteristics approximating the natural background conditions of the same, or similar, type of waterbody within an ecologically similar region. A reference water may representative of the water quality and structure and function of biological communities of natural background conditions even if there is evidence of limited human disturbance in the waterbody or watershed, as long as anthropogenic sources do not produce a significant measurable or predicted effect on the parameter of concern in the waterbody.
(19)(15)"Secretary" shall mean the Secretary of the Florida Department of Environmental Protection.
(20)(16)“Spill” shall mean a short-term, unpermitted discharge to surface waters, not to include sanitary sewer overflows or chronic discharges from leaking wastewater collection systems.
(21)(17)“Stream” shall mean a free-flowing, predominantly fresh surface water in a defined channel, and includes rivers, creeks, branches, canals, freshwater sloughs, and other similar water bodies.
(22)(18)“Stream Condition Index” shall mean a biological evaluation assessment conducted in accordance with SOPs FT 3000, FS 7420, and LT 7200, as promulgated in Chapter 62-160, F.A.C. following the procedures outlined in “Development of the Stream Condition Index (SCI) for Florida,” Florida Department of Environmental Protection, May, 1996, which is incorporated by reference.
(23)(19)"Surface water" means those waters of the State upon the surface of the earth to their landward extent, whether contained in bounds created naturally or artificially or diffused. Water from natural springs shall be classified as surface water when it exits from the spring onto the earth's surface.
(24)(20)“Total maximum daily load” (TMDL) for an impaired water body or water body segment shall mean the sum of the individual wasteload allocations for point sources and the load allocations for nonpoint sources and natural background. Prior to determining individual wasteload allocations and load allocations, the maximum amount of a pollutant that a water body or water segment can assimilate from all sources without exceeding water quality standards must first be calculated. A TMDL shall include either an implicit or explicit margin of safety and a consideration of seasonal variations.
(25) “Trophic State Index” or “TSI” means the trophic state index for lakes, which is based on lake chlorophyll a, Total Nitrogen, and Total Phosphorus levels, and is calculated following the procedures outlined on pages 86 and 87 of the State’s 1996 305(b) report, which are incorporated by reference.
(26)(21)“Verified list” shall mean the list of impaired water bodies or segments for which TMDLs will be calculated, as provided in subsection 403.067(4), F.S., and which will be submitted to EPA pursuant to paragraph 303(d)(1) of the CWA.
(27)(22)“Water quality criteria" shall mean elements of State water quality standards, expressed as constituent concentrations, levels, or narrative statements, representing a quality of water that supports the present and future most beneficial uses.
(28)(23) "Water quality standards" shall mean standards composed of designated present and future most beneficial uses (classification of waters), the numerical and narrative criteria applied to the specific water uses or classification, the Florida antidegradation policy, and the moderating provisions (mixing zones, site-specific alternative criteria, and exemptions) contained in Chapter 62-302, F.A.C., and in Chapter 62-4, F.A.C., adopted pursuant to Chapter 403, F.S.
(29)(24)“Water segment” shall mean a portion of a water body that the Department will assess and evaluate for purposes of determining whether a TMDL will be required. Water segments previously evaluated as part of the Department’s 1998 305(b) Report are depicted in the map titled “Water Segments of Florida,” which is incorporated by reference.
(30)(25)"Waters" shall be those surface waters described in Section 403.031(13), Florida Statutes.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended .
PART II
THE PLANNING LIST
62-303.300Methodology to Develop the Planning List.
(1) This part establishes a methodology for developing a planning list of waters to be assessed pursuant to subsections 403.067(2) and (3), F.S. A waterbody shall be placed on the planning list if it fails to meet the minimum criteria for surface waters established in Rule 62-302.500, F.A.C.; any of its designated uses, as described in this part; or applicable water quality criteria, as described in this part. It should be noted that water quality criteria are designed to protect either aquatic life use support, which is addressed in sections 62-303.310-353, or to protect human health, which is addressed in sections 62-303.360-380.
(2)Waters on the list of water segments submitted to EPA in 1998 that do not meet the data sufficiency requirements for the planning list shall nevertheless be included in the state’s initial planning list developed pursuant to this rule.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.310 Evaluation of Aquatic Life Use Support. A Class I, II, or III water shall be placed on the planning list for assessment of aquatic life use support (propagation and maintenance of a healthy, well-balanced population of fish and wildlife) if, based on sufficient quality and quantity of data, it:
(1) Exceeds applicable aquatic life-based water quality thresholds criteria as outlined in section 62-303.320,
(2) Does not meet biological assessment thresholds for its water body type as outlined in section 62-303.330, or
(3) Is acutely or chronically toxic as outlined in section 62-303.340, or
(3)(4) Exceeds nutrient thresholds as outlined in section 62-303.350, F.A.C.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.320 Exceedances of Aquatic Life-Based Water Quality Criteria Assessment.
(1) Water segments shall be placed on the planning list if, using objective and credible data, as defined by the requirements specified in this section, the number of samples that do not meet exceedances of an applicable water quality criterion due to pollutant discharges is greater than or equal to the number listed in Table 1 for the given sample size. For sample sizes up to 500, This table provides the number of exceedances that indicate waters are placed on the planning list when a minimum of a 10% or more of the samples do not meet the applicable criteria exceedance frequency with a minimum of an 80% confidence level using a binomial distribution. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed for the given sample size using the binomial distribution.
Table 1: Planning List
Minimum number of samples not meeting an applicable water quality criterion measured exceedances needed to put a water
on the Pplanning list with at least 80% confidence that the
actual exceedance rate is greater than or equal to ten percent.
Sample sizes
Are listed if they have at least this # of samples that do not meet a criterion exceedances
Sample sizes
Are listed if they have at least this # of samples that do not meet a criterion exceedances
From
To
From
To
10
15
3
256
264
31
16
23
4
265
273
32
24
31
5
274
282
33
32
39
6
283
292
34
40
47
7
293
301
35
48
56
8
302
310
36
57
65
9
311
320
37
66
73
10
321
329
38
74
82
11
330
338
39
83
91
12
339
348
40
92
100
13
349
357
41
101
109
14
358
367
42
110
118
15
368
376
43
119
126
16
377
385
44
127
136
17
386
395
45
137
145
18
396
404
46
146
154
19
405
414
47
155
163
20
415
423
48
164
172
21
424
432
49
173
181
22
433
442
50
182
190
23
443
451
51
191
199
24
452
461
52
200
208
25
462
470
53
209
218
26
471
480
54
219
227
27
481
489
55
228
236
28
490
499
56
237
245
29
500
500
57
246
255
30
(2)The Department’s U.S. Environmental Protection Agency’s Florida Storage and Retrieval (FLASTORET) database, or its successors, shall be the primary source of data used for determining whether samples do not meet water quality criteria exceedances. As required by rule 62-40.540(3), F.A.C., the Department, other state agencies, the Water Management Districts, and local governments collecting surface water quality data in Florida shall enter the data into FLASTORET within one year of collection. Other sampling entities that want to ensure their data will be considered for evaluation should ensure their data are entered into FLASTORET. The Department shall consider data submitted to the Department from other sources and databases if the data meet the sufficiency and data quality requirements of this section.(3) When determining water quality criteria exceedances, Unless information presented to the Department demonstrates otherwise, data older than ten years at the time the water segment is proposed for listing on the planning list are not representative of current conditions and shall not be used to develop planning lists, except to evaluate historical trends in chlorophyll a or TSIs. Any determinations by the Department to use data older than 10 years shall be documented, and the documentation shall include the basis for the decision. Further, more recent data shall take precedence over older data if:
(a) The newer data indicate a change in water quality and this change is related to changes in pollutant loading to the watershed or improved pollution control mechanisms in the watershed contributing to the assessed area, or
(b) The Department determines that the older data do not meet the data quality requirements of this section or are no longer representative of the water quality of the segment.
The Department shall note for the record that the older data were excluded and provide details about why the older data were excluded.
(4) To place a water segment on the planning listbe assessed for water quality criteria exceedances using Table 1, a water segment shall have a minimum of ten, temporally independent samples for the ten-year period, with at least five temporally independent samples. To be treated as an temporally independent sample, samples from a given station shall be at least one week apart, regardless whether the samples are collected at different locations within the segment.
(a) Samples collected at the same location less than fourseven days apart shall be considered as one sample, with the median value used to represent the sampling period. However, if any of the individual dissolved oxygen (DO) values are less than 1.5 mg/l or, for other parameters, individual values exceed acutely toxic levels as listed in Table 2, then the worst-case value shall be used to represent the sampling period. The worst-case value is the minimum value for dissolved oxygen DO, both the minimum and maximum for pH, or the maximum value for other parameters. However, when DO data are available from diel or depth profile studies, the lower tenth percentile value shall be used to represent worst-case conditions for comparison against the minimum criteria.
(b) For the purposes of this chapter, Ssamples collected within 200 meters of each other will be considered the same station or location, unless there is a tributary, an outfall, or significant change in the hydrography of the water.
(c) Samples collectedData from different stations within a water segment shall be assessedtreated as separate samples even if collected at the same time. However, there shall be at least five independent sampling events during the ten year assessment period, with at least one sampling event conducted in three of the four seasons of the calendar year. For the purposes of this chapter, the four seasons shall be January 1 through March 31, April 1 through June 30, July 1 through September 30, and October 1 through December 31.
Table 2. Acutely Toxic Levels for Parameters with Aquatic Life-Based Criteria
Parameter
Units
Freshwater Value
Marine Value
Aldrin
ug/L
3
1.3
Aluminum
ug/L
750
N/A
Arsenic
ug/L
340
69
Cadmium
ug/L
exp((1.0166*(lnH))-3.924)
40
Chlordane
ug/L
2.4
0.09
Chlorine
ug/L
19
13
Chromium III
ug/L
exp((0.8190(lnH))+3.7256)
N/A
Chromium VI
ug/L
16
1100
Copper
ug/L
exp((0.9422*(lnH))-1.700)
5.8
Cyanide
ug/L
22
1
DDT
ug/L
1.1
0.13
Dieldrin
ug/L
0.24
0.71
Endosulfan
ug/L
0.22
0.034
Endrin
ug/L
0.086
0.037
Heptachlor
ug/L
0.52
0.053
Lead
ug/L
exp((1.273(lnH))-1.460)
221
Lindane
ug/L
0.95
0.16
Nickel
ug/L
exp((0.8460(lnH))+2.255)
75
Parathion
ug/L
0.065
N/A
Pentachlorophenol
ug/L
exp(1.005(pH)-4.869)
13
Selenium
ug/L
N/A
290
Silver
ug/L
exp((1.72(lnH))-6.59)
2.2
Toxaphene
ug/L
0.73
0.21
Zinc
ug/L
exp((0.8473(lnH))+0.884)
95
(5) For predominantly marine waters, the Department shall evaluate both the minimum allowable DO of 4.0 mg/l and the daily average DO criterion of 5.0 mg/l using Table 1. At least four temporally independent samples are required to calculate the daily average for any given day. For DO, temporally independent shall be defined as at least 4 hours apart. If there are sufficient data to determine daily averages for more than one day within a four-day period, the Department shall use the median value of the daily averages to represent the sampling period.
(6)(5) Notwithstanding the requirements of paragraph (4), water segments shall be included on the planning list if:
(a) There are less than ten samples for the segment, but there are three or more temporally independent samples that do not meetexceedances of an applicable water quality criterion, or
(b) There are more than one exceedance of an acute toxicity-based water quality criterion listed in Chapter 62-302.530, F.A.C., or a water quality criterion for a synthetic organic compound or synthetic pesticide in any three year period.
(7)(6) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors shall be excluded from the assessment. Outliers identified through statistical procedures shall be evaluated to determine whether they represent valid measures of water quality. If the Department determines that they are not valid, they shall be excluded from the assessment. However, the Department shall note for the record that the data were excluded and explain why they were excluded.
(8)(7) The Department shall consider all readily available water quality data. However, to be used to determine water quality exceedances,
(a) Data shall be collected and analyzed in accordance with Chapter 62-160, F.A.C., and
(b) For data collected after one year from the effective date of this rule, If requested, the sampling agency must provide to the Department, either directly or through entry into FLASTORET, all of the data quality assessment elements listed in Table 2 of the Department’s Guidance Document “Data Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001), which is incorporated by reference.
(9)(8) For the assessment To be used to determine exceedances of metals criteria,
(a) Surface water data for mercury shall be collected and analyzed using clean sampling and analytical techniques, and
(b) The corresponding hardness value shall be required for to determine exceedances of freshwater metals criteria that are hardness dependent., and Iif the ambient hardness value is less than 25 mg/L as CaCO3, then a hardness value of 25 will be used to calculate the criteria. If data are not used due to sampling or analytical techniques or because hardness data were not available, the Department shall note for the record that data were excluded and explain why they were excluded.
(10)(9)Surface water data with values below the applicable practical quantification limit (PQL) or method detection limit (MDL) shall be assessed in accordance with Rules 62-4.246(6)(b)-(d) and (8), F.A.C.
(a)If sampling entities want to ensure that their data will be considered for evaluation, they should review the Department’s list of approved MDLs and PQLs developed pursuant to Rule 62-4.246, F.A.C., and, if available, use approved analytical methods with MDLs below the applicable water quality criteria. If there are no approved methods with MDLs below a criterion, then the method with the lowest MDL should be used. Analytical results listed as below detection or below the MDL shall not be used for developing planning lists if the MDL was above the criteria and there were, at the time of sample collection, approved analytical methods with MDLs below the criteria on the Department’s list of approved MDLs and PQLs.
(b)If appropriate analytical methods were used, then data with values below the applicable MDL will be deemed to meet the applicable water quality criterion and data with values between the MDL and PQL will be deemed to be equal to the MDL.
(11)(10) It should be noted that the data requirements of this rule constitute the minimum data set needed to assess a water segment for impairment. Agencies or groups designing monitoring networks are encouraged to consult with the Department to determine the sample design appropriate for their specific monitoring goals.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History – New 6-10-02, Amended.
62-303.330 Biological Assessment.
(1) Biological data must meet the requirements of paragraphs (3) and (87) in section 62-303.320.
(2) Bioassessments used to assess streams and lakes under this rule shall include BioRecons, Stream Condition Indices (SCIs), and the benthic macroinvertebrate component of the Lake Condition Index (LCI), which only applies to clear lakes with a color less than 20 platinum cobalt units. Because these bioassessment procedures require specific training and expertise, persons conducting the bioassessments must comply with the quality assurance requirements of Chapter 62-160, F.A.C., attend at least eight hours of Department sanctioned field training, and pass a Department sanctioned field audit that verifies the sampler follows the applicable SOPs in Chapter 62-160, F.A.C., before their bioassessment data will be considered valid for use under this rule.
(3) Water segments with at least one failed bioassessment or one failure of the biological integrity standard, Rule 62-302.530(11), shall be included on the planning list for assessment of aquatic life use support.
(a) In streams, the bioassessment shallcan be either an SCI or a BioRecon. Failure of a bioassessment for streams consists of a “poor” or “very poor” rating on the Stream Condition Index, or not meeting the minimum thresholds established for all three metrics (taxa richness, Ephemeroptera/Plecoptera/Tricoptera Index, and Florida Index)a “fail” rating on the BioRecon.
(b) Failure for lakes consists of a “poor” or “very poor” rating on the Lake Condition Index.
(4) Other information relevant to the biological integrity of the water segment, including toxicity tests and information about alterations in the type, nature, or function of a waterbody, shall also be considered when assessing determining whether aquatic life use support has been maintained.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.340 Toxicity.
(1) All toxicity tests used to place a water segment on a planning list shall be based on surface water samples in the receiving water body and shall be conducted and evaluated in accordance with Chapter 62-160, F.A.C., and subsections 62-302.200(1) and (4), F.A.C., respectively.
(2) Water segments with two samples indicating acute toxicity within a twelve month period shall be placed on the planning list. Samples must be collected at least two weeks apart over a twelve month period, some time during the ten years preceding the assessment.
(3) Water segments with two samples indicating chronic toxicity within a twelve month period shall be placed on the planning list. Samples must be collected at least two weeks apart, some time during the ten years preceding the assessment.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History – New 6-10-02, Repealed.
62-303.350Interpretation of Narrative Nutrient Criteria.
(1) Trophic state indices (TSIs) and annual mean chlorophyll a values shall be the primary means for assessing whether a water should be assessed further for nutrient impairment. Other information indicating an imbalance in flora or fauna due to nutrient enrichment, including, but not limited to, algal blooms, excessive macrophyte growth, decrease in the distribution (either in density or areal coverage) of seagrasses or other submerged aquatic vegetation, changes in algal species richness, and excessive diel oxygen swings, shall also be considered.
(2) To be used to determine whether a waterbody should be assessed further for nutrient enrichment,
(a) Data must meet the requirements of paragraphs (2)-(4), (76) and (87) in rule 62-303.320,
(b) At least one sample from each season shall be required in any given year to calculate a Trophic State Index (TSI) or an annual mean chlorophyll a value for that year (for the purposes of this chapter, the four seasons shall be January 1 through March 31, April 1 through June 30, July 1 through September 30, October 1 through December 31), and
(c) If there are multiple chlorophyll a or TSI values within a season, the average value for that season shall be calculated from the individual values and the four quarterly values shall be averaged to calculate the annual mean for that calendar year,
(d) For data collected after the effective date of this rule, individual TSI values shall only be calculated when the nitrogen, phosphorus, and chlorophyll data were collected at the same time and location,
(e) If there are insufficient data used to calculate a TSI or an annual mean chlorophyll a value in the planning period, but there are data from at least four consecutive seasons, the mean TSI or mean chlorophyll a value for the consecutive seasons shall be used to assess the waterbody,
(f) There must be an annual means from at least four years, when evaluating the charge in TSI overtime pursuant to paragraph 62-303.352(3), and
(g) To be assessed under this rule, chlorophyll a data collected after the effective date of this rule shall be corrected chlorophyll a, except for data used to establish historical chlorophyll a levels. Corrected chlorophyll a is the calculated concentration of chlorophyll a remaining after the chlorophyll degradation product, phaeophytin a, has been subtracted from the uncorrected chlorophyll a measurement.
(3) When comparing changes in chlorophyll a or TSI values to historical levels, historical levels shall be based on the lowest five-year average for the period of record. To calculate a five-year average, there must be annual means from at least three years of the five-year period.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.352Nutrients in Lakes. For the purposes of evaluating nutrient enrichment in lakes, TSIs shall be calculated based on the procedures outlined on pages 86 and 87 of the State’s 1996 305(b) report, which are incorporated by reference. Lakes or lake segments shall be included on the planning list for nutrients if:
(1)For lakes with a mean color greater than 40 platinum cobalt units, the annual mean TSI for the lake exceeds 60, unless paleolimnological information indicates the lake was naturally greater than 60, or
(2)For lakes with a mean color less than or equal to 40 platinum cobalt units, the annual mean TSI for the lake exceeds 40, unless paleolimnological information indicates the lake was naturally greater than 40, or
(3)For any lake, data indicate that annual mean TSIs have increased over the assessment period, as indicated by a positive slope in the means plotted versus time, or the annual mean TSI has increased by more than 10 units over historical values. When evaluating the slope of mean TSIs over time, the Department shall require at least a 5 unit increase in TSI over the assessment period and use a Mann’s one-sided, upper-tail test for trend, as described in Nonparametric Statistical Methods by M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724 (which are incorporated by reference), with a 95% confidence level.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.353Nutrients in Estuaries and Open Coastal Waters. Estuaries, or estuary segments, or open coastal waters shall be included on the planning list for nutrients if their annual mean chlorophyll a for any year is greater than 11 ug/l or if data indicate annual mean chlorophyll a values have increased by more than 50% over historical values for at least two consecutive years.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.360Primary Contact and Recreation Use Support.
(1)A Class I, II, or III water shall be placed on the planning list for evaluating primary contact and recreation use support if:
(a) There is a sufficient number of samples from the water segment that does not meet the applicable water quality criteria for bacteriological quality based on the methodology described in section 62-303.320, or
(b)The water segment includes a bathing area that was closed by a local health Department or county government for more than one week or more than once during a calendar year based on bacteriological data, or
(c)The water segment includes a bathing area for which a local health Department or county government has issued closures, advisories, or warnings totaling 21 days or more during a calendar year based on bacteriological data, or
(d)The water segment includes a bathing area that was closed or had advisories or warnings for more than 12 weeks during a calendar year based on previous bacteriological data or on derived relationships between bacteria levels and rainfall or flow, or.
(e) The water segment includes a sampling location that has two or more monthly average values above the monthly average fecal coliform or enterococci criterion during the planning period. To calculate a monthly average value for a sampling location, which shall be calculated as a geometric mean, there shall be at least ten samples collected within that month, with at least one sample from each full week of the month.
(2)When evaluating a water segment for bacteriological quality under subparagraph (1)(a), the criterion used for fecal coliforms shall be that the Most Probable Number (MPN) or Membrane Filter (MF) shall not exceed 400 counts per 100 ml.
(3)(2)For data collected after August 1, 2000, the Florida Department of Health (DoH) database shall be the primary source of data used for determining bathing area closures.
(4)(3) Advisories, warnings, and closures based on red tides, rip tides, sewage spills, sharks, and medical wastes, hurricanes, or short-term releases other factors not related to chronic discharges of pollutants, such as sewage spills that have been repaired and medical wastes, shall not be included when assessing recreation use support. However, the Department shall note for the record that data were excluded and explain why they were excluded.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.370Fish and Shellfish Consumption Use Support. A Class I, II, or III water shall be placed on the planning list for fish and shellfish consumption if:
(1)There is a sufficient number of samples from the water segment that does not meet the applicable Class II water quality criteria for bacteriological quality based on the methodology described in section 62-303.320, or
(2)There is either a limited or no consumption fish consumption advisory, issued by the DoH, or other authorized governmental entity, in effect for the water segment, or
(3)For Class II waters, the water segment includes an area that has been classified approved for shellfish harvesting by the Shellfish Evaluation and Assessment Section (SEAS) Program, in one of the following shellfish harvesting classifications:
(a)Restricted or conditionally restricted,
(b)Conditionally approved, excluding any areas for which SEAS identified only wildlife as the potential source of bacteriological contamination for the shellfish harvesting area, or
(c)Prohibited, unless the prohibited classification is precautionary and not based on water quality data but which has been downgraded from its initial harvesting classification to a more restrictive classification. Changes in harvesting classification from prohibited to unclassified do not constitute a downgrade in classification.
(4)For Class II waters, the water segment includes a sampling location that has a median fecal coliform MPN value that exceeds 14 counts per 100 ml for the planning period. To calculate a median value for a sampling location, there shall be at least 10 samples collected during the planning period.
(5)When evaluating a water segment for bacteriological quality under paragraph (1), the criterion used for fecal coliform shall be that the MPN or MF shall not exceed 43 counts per 100 ml.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.380Drinking Water Use Support and Protection of Human Health.
(1)A Class I water shall be placed on the planning list for drinking water use support if:
(a)There is a sufficient number of samples from the water segment that does not meet the applicable Class I water quality criteria based on the methodology described in section 62-303.320, or
(b)A public water system demonstrates to the Department that either:
1.Treatment costs to meet applicable drinking water criteria have increased by at least 25% to treat contaminants that exceed Class I criteria or to treat blue-green algae or other nuisance algae in the source water, or
2.The system has changed to an alternative supply because of additional costs that would be required to treat their surface water source.
(c)The water segment includes a sampling location that has two or more monthly average values above the monthly average fecal coliform criterion during the planning period. To calculate a monthly average value for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month.
(2)When determining increased treatment costs described in paragraph (b), costs due solely to new, more stringent drinking water requirements, inflation, or increases in costs of materials shall not be included.
(3)(2)A water shall be placed on the planning list for assessment of the threat to human health if:
(a)For human health-based criteria expressed as maximums, the water segment does not meet the applicable criteria based on the methodology described in section 62-303.320, or
(b)For human health-based criteria expressed as annual averages, the annual average concentration for any year of the assessment period exceeds the criteria. To be used to determine whether a water should be assessed further for human-health impacts, data must meet the requirements of paragraphs (2), (3), (6), and (7) in rule 62-303.320.
(4)When evaluating a water segment for bacteriological quality under subparagraph (1)(a), the criterion used for fecal coliforms shall be that the MPN or MF shall not exceed 400 counts per 100 ml.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended___.
PART III
THE VERIFIED LIST
62-303.400Methodology to Develop the Verified List.
(1)Waters shall be verified as being impaired if they meet the requirements for the planning list in Part II and the additional requirements of sections 62-303.420-.480. A water body that fails to meet the minimum criteria for surface waters established in Rule 62-302.500, F.A.C.; any of its designated uses, as described in this part; or applicable water quality criteria, as described in this part, shall be determined to be impaired.
(2)Additional data and information collected after the development of the planning list will be considered when assessing waters on the planning list, provided it meets the requirements of this chapter. In cases where additional data are needed for waters on the planning list to meet the data sufficiency requirements for the verified list, it is the Department’s goal to collect this additional data as part of its watershed management approach, with the data collected during either the same cycle that the water is initially listed on the planning list (within 1 year) or during the subsequent cycle (six years).
(3)Except for data used to evaluate historical trends in chlorophyll a or TSIs, the Department shall not use data that are Unless information presented to the Department demonstrates otherwise, data more than 7.5 years old at the time the water segment is proposed for listing on the verified list are not representative of current conditions and shall not be used except to evaluate historical trends in chlorophyll a or TSIs. Any determinations by the Department to use data older than 7.5 years shall be documented, and the documentation shall include the basis for the decision.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.420Exceedances of Aquatic Life-Based Water Quality Criteria Assessment.
(1)The Department shall reexamine the data used in rule 62-303.320 to determine whetherexceedances of water quality criteria are met.
(a)If values exceeding the criteria the exceedances are not due to pollutant discharges and reflect either physical alterations of the water body that cannot be abated or reflect natural background conditions, the water shall not be listed on the verified list. In such cases, the Department shall note for the record why the water was not listed and provide the basis for its determination that the exceedances were not due to pollutant discharges.
(b)If the Department has information suggesting cannot clearly establish that the values not meeting the criterion exceedances are due to natural background conditions, including information about the in-stream concentrations of TN, TP, and BOD relative to comparable reference waters for waterbodies with values below the DO criterion, or physical alterations of the water body but the Department believes the exceedances are not due to pollutant discharges, it is the Department’s intent to support that conclusion determine whether aquatic life use support is impaired through the use of bioassessment procedures referenced in section 62-303.330. The water body or segment shall not be included on the verified list for the parameter of concern if two or more independent bioassessments are conducted and no failures are reported. To be treated as independent bioassessments, they must be conducted at least two months apart, within the assessed segment downstream of where the samples were measured, and after the samples were measured.
(2) If the water was listed on the planning list and there were insufficient data from the last five years preceding the planning list assessment to meet the data distribution requirements of section 303.320(4) and to meet a minimum sample size for verification of twenty samples, additional data will be collected as needed to provide a minimum sample size of twenty. Once these additional data are collected, the Department shall re-evaluate the data using the approach outlined in rule 62-303.320(1), but using Table 32, and place waters on the verified list when which provides the number of exceedances that indicate a minimum of a 10% or more of the samples do not meet the applicable criteria, exceedance frequency with a minimum of a 90% confidence level using a binomial distribution. The Department shall limit the analysis to data collected during the five years preceding the planning list assessment and the additional data collected pursuant to this paragraph. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed for the given sample size using the binomial distribution.
Table 32: Verified List
Minimum number of samples not meeting an applicable water quality criterion measured exceedances needed to put a water
on the Verified list with at least 90% confidence that the
actual exceedance rate is greater than or equal to ten percent.
Sample sizes
Are listed if they have at least this # of samples that do not meet a criterion exceedances
Sample sizes
Are listed if they have at least this # of samples that do not meet a criterion exceedances
From
To
From
To
20
25
5
254
262
33
26
32
6
263
270
34
33
40
7
271
279
35
41
47
8
280
288
36
48
55
9
289
297
37
56
63
10
298
306
38
64
71
11
307
315
39
72
79
12
316
324
40
80
88
13
325
333
41
89
96
14
334
343
42
97
104
15
344
352
43
105
113
16
353
361
44
114
121
17
362
370
45
122
130
18
371
379
46
131
138
19
380
388
47
139
147
20
389
397
48
148
156
21
398
406
49
157
164
22
407
415
50
165
173
23
416
424
51
174
182
24
425
434
52
183
191
25
435
443
53
192
199
26
444
452
54
200
208
27
453
461
55
209
217
28
462
470
56
218
226
29
471
479
57
227
235
30
480
489
58
236
244
31
490
498
59
245
253
32
499
500
60
(3)If the water was placed on the planning list based on worst case values used to represent multiple samples taken during a four seven day period, the Department shall evaluate whether the worst case value should be excluded from the analysis pursuant to subsections (4) and (5). If the worst case value should not be used, the Department shall then re-evaluate the data following the methodology in rule 62-303.420(2), using the more representative worst case value or, if all valid values are below acutely toxic levels, the median value.
(4)If the water was listed on the planning list based on samples that do not meet exceedances of water quality criteria for metals, the metals data shall be excluded if it is validated to determined whether that the quality assurance requirements of rule 62-303.320(87) were are not met or that and whether the sample was not both collected and analyzed using clean techniques, if the use of clean techniques is appropriate. If any data cannot be validated, T the Department shall re-evaluate the remaining valid data using the methodology in rule 62-303.420(2), excluding any data that cannot be validated.
(5) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors, outliers the Department determines are not valid measures of water quality, water quality criteria exceedances due solely to violations of specific effluent limitations contained in state permits authorizing discharges to surface waters, water quality criteria exceedances within permitted mixing zones for those parameters for which the mixing zones are in effect, and water quality data collected following contaminant spills, discharges due to upsets or bypasses from permitted facilities, or rainfall in excess of the 25-year, 24-hour storm, shall be excluded from the assessment. However, the Department shall note for the record that the data were excluded and explain why they were excluded.
(6) Once the additional data review is completed pursuant to paragraphs (1) through (5), the Department shall re-evaluate the data and shall include waters on the verified list that meet the criteria in rules 62-303.420(2) or 62-303.320(65)(b).
(7) Notwithstanding the requirements of paragraph (2), water segments shall also be included on the verified list if, based on representative data collected and analyzed in accordance with Chapter 62-160, F.A.C.:
(a) There are less than twenty samples, but there are five or more samples that do not meet an applicable water quality criterion based on data from at least five temporally independent sampling events, or
(b) Scientifically credible and compelling information regarding the magnitude, frequency, or duration of samples that do not meet an applicable water quality criterion that provides overwhelming evidence of impairment. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision.
(c) For any water chemistry data used to list waters under this paragraph, the Department shall include in the administrative record all of the applicable data quality assessment elements listed in Table 2 of the Department’s Guidance Document “Data Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001).
Specific Authority 403.061, 403.067 FS. Law Implemented 403.021(11), 403.062, 403.067 FS. History – New 6-10-02, Amended.
62-303.430 Biological Impairment.
(1) All bioassessments used to list a water on the verified list shall be conducted in accordance with Chapter 62-160, F.A.C., including Department-approved Standard Operating Procedures. To be used for placing waters on the verified list, any bioassessments conducted before the adoption of applicable SOPs for such bioassessments as part of Chapter 62-160 shall substantially comply with the subsequent SOPs.
(2) If the water was listed on the planning list based on bioassessment results, the water shall be determined to be biologically impaired if there were two or more failed bioassessments within the five years preceding the planning list assessment. If there were less than two failed bioassessments during the last five years preceding the planning list assessment, the Department will conduct an additional bioassessment. If the previous failed bioassessment was a BioRecon, then an SCI will be conducted. Failure of this additional bioassessment shall constitute verification that the water is biologically impaired.
(3) If the water was listed on the planning list based on other information specified in rule 62-303.330(4) indicating biological impairment, the Department will conduct a bioassessment in the water segment, conducted in accordance with the methodology in rule 62-303.330, to verify whether the water is impaired. For streams, the bioassessment shall be an SCI. Failure of this bioassessment shall constitute verification that the water is biologically impaired.
(4) Following verification that a waterbody is biologically impaired, a water shall be included on the verified list for biological impairment if:
(a)There are water quality data reasonably demonstrating the particular pollutant(s) causing the impairment and the concentration of the pollutant(s); and
(b)One of the following demonstrations is made:
1.If there is a numeric criterion for the specified pollutant(s) in Chapter 62-302, F. A. C., but the criterion is met, an identification of the specific factors that reasonably demonstrate why the numeric criterion is not adequate to protect water quality and how the specific pollutant is causing the impairment, or
2.If there is not a numeric criterion for the specified pollutant(s) in Chapter 62-302, F.A.C., an identification of the specific factors that reasonably demonstrate how the particular pollutant(s) are associated with the observed biological effect.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.440 Toxicity.
(1) A water segment shall be verified as impaired due to surface water toxicity in the receiving water body if:
(a) The water segment was listed on the planning list based on acute toxicity data, or
(b) The water segment was listed on the planning list based on chronic toxicity data and the impairment is confirmed with a failed bioassessment that was conducted within six months of a failed chronic toxicity test. For streams, the bioassessment shall be an SCI.
(2) Following verification that a water is impaired due to toxicity, a water shall be included on the verified list if the requirements of paragraph 62-303.430(4) are met.
(3) Toxicity data collected following contaminant spills, discharges due to upsets or bypasses from permitted facilities, or rainfall in excess of the 25-year, 24-hour storm, shall be excluded from the assessment. However, the Department shall note for the record that the data were excluded and explain why they were excluded.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Repealed.
62-303.450Interpretation of Narrative Nutrient Criteria.
(1)A water shall be placed on the verified list for impairment due to nutrients if there are sufficient data from the last five years preceding the planning list assessment, combined with historical data (if needed to establish historical chlorophyll a levels or historical TSIs), to meet the data sufficiency requirements of rule 62-303.350(2). If there are insufficient data, additional data shall be collected as needed to meet the requirements. Once these additional data are collected, the Department shall determine if there is sufficient information to develop a site-specific threshold that better reflects conditions beyond which an imbalance in flora or fauna occurs in the water segment. If there is sufficient information, the Department shall re-evaluate the data using the site-specific thresholds. If there is insufficient information, the Department shall re-evaluate the data using the thresholds provided in rule 62-303.351-.353, for streams, lakes, and estuaries, respectively, or alternative, site-specific thresholds that more accurately reflect conditions beyond which an imbalance in flora or fauna occurs in the water segment. In any case, the Department shall limit its analysis to the use of data collected during the five years preceding the planning list assessment and the additional data collected in the second phase. If alternative thresholds are used for the analysis, the Department shall provide the thresholds for the record and document how the alternative threshold better represents conditions beyond which an imbalance in flora or fauna is expected to occur.
(2)If the water was listed on the planning list for nutrient enrichment based on other information indicating an imbalance in flora or fauna, as provided in Rule 62-303.350(1), the Department shall verify the imbalance before placing the water on the verified list for impairment due to nutrients and shall provide documentation supporting the imbalance in flora or fauna.
(3) The thresholds for nutrient impairment used under this section are not required to be used during development of wasteload allocations or TMDLs.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.460Primary Contact and Recreation Use Support.
(1)The Department shall review the data used by the DoH as the basis for bathing area closures, advisories or warnings and verify that the values exceeded the applicable DoH thresholds and the data meet the requirements of Chapter 62-160. If the segment is listed on the planning list based on bathing area closures, advisories, or warnings issued by a local health department or county government, closures, advisories, or warnings based on red tides, rip tides, sewer line breaks, sharks, medical wastes, hurricanes, or other factors not related to chronic discharges of pollutants shall not be included when verifying primary contact and recreation use support. The Department shall then re-evaluate the remaining data using the methodology in rule 62-303.360(1)(c). Water segments that meet the criteria in rule 62-303.360(1)(c) shall be included on the verified list.
(2)If the water segment was listed on the planning list due to samples that do not meet exceedances of water quality criteria for bacteriological quality, the Department shall, to the extent practical, evaluate the source of bacteriological contamination and shall verify that the impairment is due to chronic discharges of human-induced bacteriological pollutants before listing the water segment on the verified list. The Department shall take into account the proximity of municipal stormwater outfalls, septic tanks, and domestic wastewater facilities when evaluating potential sources of bacteriological pollutants. For water segments that contain municipal stormwater outfalls, the impairment documented for the segment shall be presumed to be due, at least in part, to chronic discharges of bacteriological pollutants. The Department shall then re-evaluate the data using the methodology in rule 62-303.320(1), F.A.C., excluding any values that are elevated solely due to wildlife, or for enterococci in coastal recreational waters, adjusting the values based on the human health-related risk factors for wildlife-based enterococci upon meeting the relevant requirements of 40 CFR 131.41(c) (2).
(3)Water segments shall be included on the verified list if:
(a)The number of samples that do not meet the applicable bacteriological water quality criteria that are not stated as monthly averages they meet the requirements in rule 62-303.420(6) or,
(b)There are two or more exceedances of a bacteriological water quality criterion expressed as a monthly average during a calendar year or more than four exceedances of a monthly average criterion over the verified period.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.470Fish and Shellfish Consumption Use Support.
(1)In order to be used under this part, the Department shall review the data used by the DoH as the basis for fish consumption advisories and determine whether it meets the following requirements:
(a)The advisory is based on the statistical evaluation of fish tissue data from at least twelve fish collected from the specific water segment or water body to be listed,
(b)Starting one year from the effective date of this rule, the data are collected in accordance with DEP SOP FS6000 (General Biological Tissue Sampling) and FS 6200 (Finfish Tissue Sampling), which are incorporated by reference, the sampling entity has established Data Quality Objectives (DQOs) for the sampling, and the data meet the DQOs. Data collected before one year from the effective date of this rule shall substantially comply with the listed SOPs and any subsequently developed DQOs, and.
(c)There are sufficient data or other information from within the last 7.5 years that would to support the continuation of the advisory. The Department shall document any decision to list waters with advisories older that 7.5 years, including the data supporting the continuation of the advisory or information demonstrating that older data are representative of current conditions.
(2)If the segment is listed on the planning list based on fish consumption advisories, waters with fish consumption advisories for pollutants that are no longer legally allowed to be used or discharged shall not be placed on the verified list because the TMDL will be zero for the pollutant.
(2)(3)Waters with advisories determined to meet the requirements of this section or waters where scientifically credible and compelling information meeting the requirements of Chapter 62-160, F.A.C., indicates the applicable human health-based water quality criteria are not met shall be listed on the verified list. Any determinations to list waters based on this provision shall be documented, and the documentation shall include the basis for the decision.
(3)Class II waters shall be included on the verified list for coliform impairment if, following review of the available data as described in 62-303.460(2),
(a)The number of samples that do not meet the applicable single-sample criteria meet the requirement in rule 62-303.420(6) or,
(b)The water segment includes a sampling location that has a median fecal coliform MPN value that exceeds 14 counts per 100 ml for the verified period. To calculate a median value for a sampling location, there shall be at least 20 samples collected during the verified period.
(4)Waters that qualify for placement on the planning list based on shellfish harvesting classification information shall be verified as impaired for fecal coliforms.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.480Drinking Water Use Support and Protection of Human Health. If the water segment was listed on the planning list due to exceedances of a human health-based water quality criterion and there were insufficient data from the last five years preceding the planning list assessment to meet the data sufficiency requirements of section 303.320(4), additional data will be collected as needed to meet the requirements. Once these additional data are collected, the Department shall re-evaluate the data using the methodology in rule 62-303.380(2) and limit the analysis to data collected during the five years preceding the planning list assessment, and the additional data collected pursuant to this paragraph (not to include data older than 7.5 years), and data older than 7.5 years if it is demonstrated to be representative of current conditions. Any determinations to use older data shall be documented by the Department, and the documentation shall provide the basis for the decision. For this analysis, the Department shall exclude any data meeting the requirements of paragraph 62-303.420(5). The following water segments shall be listed on the verified list:
(1)For human health-based criteria expressed as maximums, water segments that meet the requirements in rule 62-303.420(76), or
(2)For human health-based criteria expressed as annual averages, water segments that have an annual average that exceeds the applicable criterion.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.500Prioritization.
(1)When establishing the TMDL development schedule for water segments on the verified list of impaired waters, the Department shall prioritize impaired water segments according to the severity of the impairment and the designated uses of the segment, taking into account the most serious water quality problems; most valuable and threatened resources; and risk to human health and aquatic life. Impaired waters shall be prioritized as high, medium, or low priority.
(2)The following waters shall be designated high priority:
(a)Water segments where the impairment poses a threat to potable water supplies or to human health.
(b)Water segments where the impairment is due to a pollutant regulated by the CWA and the pollutant has contributed to the decline or extirpation of a federally listed threatened or endangered species, as indicated in the Federal Register listing the species.
(3)The following waters shall be designated low priority:
(a)Water segments that are listed before 2010 due to fish consumption advisories for mercury (due to the current insufficient understanding of mercury cycling in the environment).
(b)Man-made canals, urban drainage ditches, and other artificial water segments that are listed only due to exceedances of the dissolved oxygen criteria.
(c)Water segments that were not on a planning list of impaired waters, but which were identified as impaired during the second phase of the watershed management approach and were included in the verified list, unless the segment meets the criteria in paragraph (2) for high priority.
(4)All segments not designated high or low priority shall be medium priority and shall be prioritized based on the following factors:
(a)The presence of Outstanding Florida Waters.
(b)The presence of water segments that fail to meet more than one designated use.
(c)The presence of water segments that exceed an applicable water quality criterion or alternative threshold with a greater than twenty-five percent of the samples not meeting an applicable water quality criterion or alternative threshold exceedance frequency with a minimum of a 90 percent confidence level.
(d)The presence of water segments that exceed more than one applicable water quality criteria.
(e)Administrative needs of the TMDL program, including meeting a TMDL development schedule agreed to with EPA, basin priorities related to following the Department’s watershed management approach, and the number of administratively continued permits in the basin.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.700 Listing Cycle.
(1) The Department shall, to the extent practical, develop basin-specific verified lists of impaired waters as part of its watershed management approach, which rotates through the State’s surface water basins on a five-year cycle. At the end of the first phase of the cycle, which is designed to develop a preliminary assessment of the basin, the Department shall update the planning list for the basin and shall include the planning list in the status report for the basin, which will be noticed to interested parties in the basin. If the specific pollutant causing the impairment in a particular water segment is not known at the time the planning list is prepared, the list shall provide the basis for including the water segment on the planning list. In these cases, the pollutant and concentration causing the impairment shall be identified before the water segment is included on the verified list to be adopted by Secretarial Order. During the second phase of the cycle, which is designed to collect additional data on waters in the basin, interested parties shall be provided the opportunity to work with the Department to collect additional water quality data. Alternatively, interested parties may develop proposed water pollution control mechanisms that may affect the final verified list adopted by the Secretary at the end of the second phase. To ensure that data or information will be considered in the preliminary basin assessment, it must be submitted to the Department or entered into FLASTORET or, if applicable, the DoH database no later than September 30 during the year of the assessment.
(2) Within a year of the effective date of this rule, the Department shall also prepare a planning list for the entire state.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
62-303.710Format of Verified List and Verified List Approval.
(1)The Department shall follow the methodology established in this chapter to develop basin-specific verified lists of impaired water segments. The verified list shall specify the pollutant or pollutants causing the impairment and the concentration of the pollutant(s) causing the impairment. If the water segment is listed based on numeric water quality criteriaexceedances, then the verified list shall provide the applicable criteria. However, if the listing is based on narrative or biological criteria, or impairment of other designated uses, and the water quality criteria are met, the list shall specify the concentration of the pollutant relative to the water quality criteria and explain why the numerical criterion is not adequate.
(2)Segments impaired for pollutants that are no longer legally allowed to be used or discharged shall not be placed on the verified list because the TMDL will be zero for the pollutant.
(3)(2)For waters impaired forwith exceedances of the dissolved oxygen criteria, the Department shall identify the pollutants causing or contributing to the impairmentexceedances and list both the pollutant and dissolved oxygen on the verified list.
(4)(3)For waters impaired by nutrients, the Department shall identify whether nitrogen or phosphorus, or both, are the limiting nutrients for the verified period, and specify the limiting nutrient(s) in the verified list.
(5)(4)The verified list shall also include the priority and the schedule for TMDL development established for the water segment, as required by federal regulations.
(6)(5) The verified list shall also note any waters that are being removed from the current planning list and any previous verified list for the basin.
(7)(6) The verified basin-specific 303(d) list shall be approved by order of the Secretary.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
PART IV
MISCELLANEOUS PROVISIONS
62-303.720 Delisting Procedure.
(1) Waters on planning lists developed under this Chapter that are verified to not be impaired during development of the verified list shall be removed from the State’s planning list. Once a water segment is verified to not be impaired pursuant to Part III of this chapter, the data used to place the water on the planning list shall not be the sole basis for listing that water segment on future planning lists.
(2) Water segments shall be removed from the State’s verified list only after completion of a TMDL for all pollutants causing impairment of the segment or upon demonstration that the water meets the water quality standard that was previously established as not being met.
(a) For waters listed due to failure to meet aquatic life use support based on water quality criteria exceedances or due to threats to human health based on exceedances of single sample water quality criteria, the water shall be delisted when:
1. The number of samples that do not meetexceedances of an applicable water quality criterion due to pollutant discharges is less than or equal to the number listed in Table 43 for the given sample size, with a minimum sample size of 30. Waters shall be delisted whenThis table provides the number of exceedances that indicate a maximum of a 10% or less of the samples do not meet the applicable criterionexceedance frequency with a minimum of a 90% confidence level using a binomial distribution, or
2. Following implementation of pollution control activities that are expected to be sufficient to result in attainment of applicable water quality standards, evaluation of new data indicates the water no longer meets the criteria for listing established in section 62-303.420., or
3. Following demonstration that the water was inappropriately listed due to flaws in the original analysis, evaluation of available data indicates the water does not meet the criteria for listing established in section 62-303.420. New data evaluated under rule 62-303.720(2)(a)1. must meet the following requirements:
a. They must include samples collected during similar conditions (same seasons and general flow conditions) that the data previously used to determine impairment were collected, with no more than 50% of the samples collected in any one quarter,
b. The sample size must be a minimum of 30 samples, and
c. The data must meet the requirements of paragraphs 62-303.320(4), (6) and (7), F.A.C.
(b) For waters listed due to failure to meet aquatic life use support based on biological data, the water shall be delisted when the segment passes two independent follow-up bioassessments and there have been no failed bioassessments for at least one year. The follow-up tests must meet the following requirements:
1. For streams, the new data may be two BioRecons or any combination of BioRecons and SCIs.
2. The bioassessments must be conducted during similar conditions (same seasons and general flow conditions) under which the previous bioassessments used to determine impairment were collected.
3. The data must meet the requirements of Section 62-303.330(1) and (2), F.A.C.
(c) For waters listed due to failure to meet aquatic life use support based on toxicity data, the water shall be delisted when the segment passes two independent follow-up toxicity tests and there have been no failed toxicity tests for at least one year. The follow-up tests must meet the following requirements:
1. The tests must be conducted using the same test protocols and during similar conditions (same seasons and general flow conditions) under which the previous test used to determine impairment were collected.
2. The data must meet the requirements of rules 62-303.340(1), and the time requirements of rules 62-303.340(2) or (3).
(c)(d) For waters listed due to fish consumption advisories, the water shall be delisted following the lifting of the advisory or when data complying with rule 62-303.470(1)(a) and (b) demonstrate that the continuation of the advisory is no longer appropriate.
(d)(e) For waters listed due to theirchanges in shellfish bed management classification, the water shall be delisted upon reclassification of the shellfish harvesting area to approved, or for conditionally approved areas, when the only source identified by SEAS for the harvesting area is wildlifeits original or higher harvesting classification. Reclassification of a water from prohibited to unclassified does not constitute a higher classification.
(e)(f) For waters listed due to bathing area closure or advisory data, the water shall be delisted if the bathing area does not meet the listing thresholds in rule 62-303.360(1) for five consecutive years.
(f)(g) For waters listed based on impacts to potable water supplies, the water shall be delisted when applicable water quality criteria are met as defined in rule 62-303.380(1)(a) and when the causes resulting in higher treatment costs have been ameliorated.
(g) For waters listed based on a monthly average or median water quality criteria for bacteriological quality, the water shall be delisted when the criteria are met for three consecutive years. For waters listed based on a monthly average criterion, there shall be sufficient data available to calculate monthly average values for at least the same seasons in which the exceedances occurred.
(h) For waters listed based on exceedance of a human health-based annual average criterion, the water shall be delisted when the annual average concentration is less than the criterion for three consecutive years.
(i) For waters listed based on nutrient impairment, the water shall be delisted if it does not meet the listing thresholds in rule 62-303.450 for three consecutive years.
(j) For any listed water, the water shall be delisted if, following a change in approved analytical procedures, criteria, or water quality standards, evaluation of available data indicates the water no longer meets the applicable criteria for listing.
(k) For waters listed based on rule 62-303.420(7)(b) or 62-303.470(3), the water shall be delisted if the Department determines the water is no longer impaired, based on scientifically credible and compelling information comparable in quantity and quality to the information used to make the initial listing decision. Any determinations to delist waters based on this provision shall be documented, and the documentation shall include the basis for the decision.
1
Table 43. Delisting
Maximum number of samples that do not meet an applicable water quality criterionmeasured exceedances allowable to DELIST with at least 90% confidence that the actual exceedance rate is less than ten percent.
1
Sample sizes
Maximum # of samples not meeting a criterion exceedances allowable for delisting
From
To
30
37
0
38
51
1
52
64
2
65
77
3
78
90
4
91
103
5
104
115
6
116
127
7
128
139
8
140
151
9
152
163
10
164
174
11
175
186
12
187
198
13
199
209
14
210
221
15
222
232
16
233
244
17
245
255
18
256
266
19
267
278
20
Sample sizes
Maximum # of samples not meeting a criterion exceedances allowable for delisting
From
To
279
289
21
290
300
22
301
311
23
312
323
24
324
334
25
335
345
26
346
356
27
357
367
28
368
378
29
379
389
30
390
401
31
402
412
32
413
423
33
424
434
34
435
445
35
446
456
36
457
467
37
468
478
38
479
489
39
490
500
40
1
(3)Any delisting of waters from the verified list shall be approved by order of the Secretary at such time as the requirements of this section are met.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History - New 6-10-02, Amended.
NAME OF PERSON ORIGINATING PROPOSED RULE: Jerry Brooks, Deputy Director Of Water Resource Management.
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mike Sole, Deputy Secretary of Regulatory Programs.
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 25, 2006
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: July 1, 2005.1
Document Information
- Comments Open:
- 8/4/2006
- Summary:
- Substantive revisions to the rule include: 1) new text providing a different assessment methodology for exceedances of water quality criteria for synthetic organics and pesticides, 2) new text allowing the Department to use data older than ten years if it can be demonstrated to be representative of current conditions, 3) revisions to provisions related to sample representativeness, including changing the averaging period from seven to four days and deleting the requirement for data from three ...
- Purpose:
- The purpose of the proposed revisions is to allow Chapter 62-303, F.A.C., to be re-adopted as a change to Florida’s water quality standards. While the rule will be re-adopted as a change to standards, the revisions clarify that the rule is intended to evaluate attainment of water quality standards and any thresholds for impairment used in the rule apply solely for purposes of assessment and listing under sections 303(d) and 305(b) of the Clean Water Act.
- Rulemaking Authority:
- 403.061, 403.067 FS.
- Law:
- 403.021(11), 403.062, 403.067 FS.
- Contact:
- Daryll Joyner, 2600 Blair Stone Rd, MS 3555, Tallahassee, FL 32399-2400, (850) 245-8431.
- Related Rules: (15)
- 62-303.100. Scope and Intent
- 62-303.200. Definitions
- 62-303.300. Methodology to Develop the Planning List
- 62-303.310. Evaluation of Aquatic Life Use Support
- 62-303.320. Exceedances of Aquatic Life-Based Water Quality Criteria
- More ...