The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for fecal coliform, dissolved oxygen, and nutrient impaired waters in the Apalachicola River Basin.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.310: Apalachicola River TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for fecal coliform, dissolved oxygen, and nutrient impaired waters in the Apalachicola River Basin.
SUMMARY: This TMDL addresses fecal coliform, dissolved oxygen, and nutrient impairments in the Apalachicola River Basin. Specifically, the TMDL rules being proposed for adoption are fecal coliform TMDLs for Flat Creek and Sweetwater Creek, and dissolved oxygen and nutrient TMDLs for Little Gully Creek. 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. This rulemaking has been given OGC case number 09-0719.
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:

62-304.310 Apalachicola River Basin TMDLs.

(1) Huckleberry Creek. The Total Maximum Daily Load (TMDL) for Huckleberry Creek is a median of 6.85 x 10⁹ colonies/day for fecal coliform, and is allocated as follows:

(a)(1) The Wasteload Allocation (WLA) for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Permitting Program is to meet the Class III water quality criteria for fecal coliform in Chapter 62-302, F.A.C.

(b)(2) The Load Allocation (LA) for nonpoint sources is a median of 6.85 x 10⁹ colonies/day for fecal coliform, which constitutes a 68.33 percent reduction of current fecal coliform loading, and

(c)(3) The Margin of Safety is implicit.

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

(a) The WLA for wastewater sources is not applicable,

(b) The WLA for discharges subject to the NPDES Municipal Stormwater Permitting Program, to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria, is not applicable,

(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 January 2007 to December 2007 period, will require a 38 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.

(3) Little Gully Creek. The TMDLs to address the low dissolved oxygen and nutrient impairments are an 11.3 percent reduction in both total nitrogen (TN) and total phosphorus (TP) and are allocated as follows:

(a) The WLA for point sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program, to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria and nutrient targets, is not applicable,

(c) The LA for nonpoint sources is an 11.3 percent reduction in current anthropogenic loadings of both TN and TP, and

(d) The Margin of Safety is implicit.

(e) While the LA for nutrients has been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the reductions from anthropogenic nonpoint sources that will result in the required reduction of nutrients. However, it is not the intent of the TMDL to abate natural background conditions.

(4) Sweetwater Creek. The fecal coliform TMDL for Sweetwater Creek is 400 counts/100 mL, 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, to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria, is not applicable,

(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 January 2007 to December 2007 period, will require a 40 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.

Rulemaking Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-22-05, 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