The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for water segments impaired for fecal coliform, low dissolved oxygen, and nutrients in the Hillsborough River Basin.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.610: Hillsborough River Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for water segments impaired for fecal coliform, low dissolved oxygen, and nutrients in the Hillsborough River Basin.
SUMMARY: These TMDLs address fecal coliform, low dissolved oxygen, and nutrient impairments in the Hillsborough River Basin. Specifically, the TMDL rules being proposed for adoption are fecal coliform TMDLs for Mill Creek and Trout Creek, dissolved oxygen and nutrient TMDLs for Baker Creek, Big Ditch, Channelized Stream, Mill Creek, Trout Creek, and Two Hole Branch, and dissolved oxygen TMDLs for Spartman Branch. These waterbodies were verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodology used to develop the fecal coliform TMDLs was the percent reduction method. The methodology used to develop the dissolved oxygen and nutrient TMDLs was either a combination of the Watershed Assessment Model (WAMView) and the Water Quality Analysis Simulation Program (WASP) or an empirical method. This rulemaking has been given OGC case number 09-0720.
SUMMARY OF STATEMENT 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: 403.061, 403.062, 403.067 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: September 3, 2009, 9:30 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Bob Martinez Center, Tallahassee, Florida 32399-2400
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Pat Waters at [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: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Restoration, 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:

62-304.610 Hillsborough River Basin TMDLs.

(1) through (9) No change.

(10) Baker Creek. The Total Maximum Daily Loads (TMDLs) to address the low dissolved oxygen and nutrient impairments are 23,652 pounds per year of Total Nitrogen (TN) and 2,342 pounds per year of Total Phosphorus (TP) and are allocated as follows:

(a) The Wasteload Allocation (WLA) for wastewater point sources is not applicable.

(b) The WLAs for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permitting Program are an 80 percent reduction in anthropogenic loadings of TN and an 80 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period at sources contributing to exceedances of the criteria,

(c) The Load Allocations (LAs) for nonpoint sources are an 80 percent reduction in anthropogenic loadings of TN and an 80 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period at sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions of in-stream TN and TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(11) Big Ditch. The TMDLs to address the low dissolved oxygen and nutrient impairments are 14,699 pounds per year of TN and 13,078 pounds per year of TP and are allocated as follows:

(a) The WLAs for the Hillsborough County CF Industries, Inc. Plant City Chemical Complex (FL0000078) are 1,138 pounds per year of TN and 847 pounds per year of TP,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 76 percent reduction in anthropogenic loadings of TN and a 76 percent reduction in anthropogenic loadings of TP for the 2005 to 2006 period for sources contributing to exceedances of the criteria,

(c) The LAs for nonpoint sources are a 76 percent reduction in anthropogenic loadings of TN and a 76 percent reduction in anthropogenic loadings of TP for the 2005 to 2006 period for sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions of in-stream TN and TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(12) Channelized Stream. The TMDLs to address the low dissolved oxygen and nutrient impairments are 4,821 pounds per year of TN and 2,135 pounds per year of TP and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are an 81 percent reduction in anthropogenic loadings of TN and an 81 percent reduction in anthropogenic loadings of TP for the year 2005 for sources contributing to exceedances of the criteria, and

(c) The LAs for nonpoint sources are an 81 percent reduction in anthropogenic loadings of TN and an 81 percent reduction in anthropogenic loadings of TP for the year 2005 for sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions of in-stream TN and TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(13) Mill Creek. The fecal coliform TMDL for Mill Creek is 400 counts/100mL for fecal coliform, 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 Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 66 percent reduction of sources contributing to exceedances of the criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 66 percent reduction of sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for fecal coliform have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream fecal concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(14) Mill Creek. The TMDLs to address the low dissolved oxygen and nutrient impairments are 2,569 pounds per year of TN and 795 pounds per year of TP and are allocated as follows:

(a) The WLAs for the Hillsborough County Crystals International, Inc. (FL0037389) are 48.9 pounds per year of TN and 4.0 pounds per year of TP,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are an 80 percent reduction in anthropogenic loadings of TN and an 80 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period for sources contributing to exceedances of the criteria, and

(c) The LAs for nonpoint sources are an 80 percent reduction in anthropogenic loadings of TN and an 80 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period for sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions of in-stream TN and TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(15) Spartman Branch. The TMDLs to address the low dissolved oxygen impairment are 3,110 pounds per year of total TN and 531 pounds per year of TP and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are an 80 percent reduction in anthropogenic loadings of TN and an 80 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period for sources contributing to exceedances of the criteria, and

(c) The LAs for nonpoint sources are an 80 percent reduction in anthropogenic loadings of TN and an 80 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period for sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions of in-stream TN and TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(16) Trout Creek. The fecal coliform TMDL for Trout Creek is 400 counts/100mL for fecal coliform, and is allocated as follows:

(a) The WLA for the Hillsborough County Pebble Creek Village WWTF (FL0039896) must meet its NPDES permit conditions.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 53 percent reduction of sources contributing to exceedances of the criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2001 to 2007 period, will require a 53 percent reduction of sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for fecal coliform have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream fecal concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(17) Trout Creek. The TMDLs to address the low dissolved oxygen and nutrient impairments are 18,031 pounds per year of TN and 838 pounds per year of TP and are allocated as follows:

(a) The WLAs for the Hillsborough County Pebble Creek Village Wastewater Treatment Facility (FL0039896) are 1,827 pounds per year of TN and 341 pounds per year of TP,

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 50 percent reduction in anthropogenic loadings of TN and a 72 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period for sources contributing to exceedances of the criteria, and

(c) The LAs for nonpoint sources are a 50 percent reduction in anthropogenic loadings of TN and a 72 percent reduction in anthropogenic loadings of TP for the 1996 to 2002 period for sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions of in-stream TN and TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

(18) Two Hole Branch. The TMDLs to address the low dissolved oxygen and nutrient impairments are 4,459 pounds per year of TN and 1,307 pounds per year of TP and are allocated as follows:

(a) The WLA for wastewater point sources is not applicable.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are a 61 percent reduction in anthropogenic loadings of TN and a 61 percent reduction in anthropogenic loadings of TP for the years 2002 and 2005 for sources contributing to exceedances of the criteria, and

(c) The LAs for nonpoint sources are a 61 percent reduction in anthropogenic loadings of TN and a 61 percent reduction in anthropogenic loadings of TP for the years 2002 and 2005 for sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions of in-stream TN and TP concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-22-04, Amended_________.

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Environmental Assessment and Restoration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael Sole, Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 28, 2009
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: June 19, 2009