The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for waters in the Middle St. Johns River Basin that are impaired for fecal coliform, low dissolved oxygen, and nutrients.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO: RULE TITLE
62-304.505: Middle St. Johns River TMDLS.
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs) and their allocations for waters in the Middle St. Johns River Basin that are impaired for fecal coliform, low dissolved oxygen, and nutrients.
SUMMARY: These TMDLs address fecal coliform, dissolved oxygen, and nutrient impairments in the Middle St. Johns River Basin. Specifically, the TMDL rules being proposed for adoption are fecal coliform TMDLs for Gee Creek, Little Econlockhatchee River, Smith Canal, and Soldier Creek, and dissolved oxygen and nutrient TMDLs for Lake Harney, Lake Monroe, Smith Canal, the St. Johns River above Lake Jesup, the St. Johns River above Lake Monroe, the St. Johns River above Wekiva River, and the St. Johns River Downstream of Lake Harney. These water segments were verified as impaired using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodologies used to develop the fecal coliform TMDLs were either the percent reduction or the load duration analysis method. The nutrient targets for water segments impaired for nutrients and dissolved oxygen were developed using trophic state index, paleolimnological data, and reference lake methods. The TMDLs for nutrients were simulated using the hydrologic simulation program – Fortran (HSPF) model. This rulemaking has been given OGC case number 09-0721.
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:

62-304.505 Middle St. Johns River Basin TMDLs.

(1) through (5) No change.

(6) Gee Creek. The fecal coliform TMDL for Gee Creek is 5.63 x 10¹⁰ counts/day, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System (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 2008 period, will require a 79 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 2008 period, will require a 79 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.

(7) Lake Harney. The TMDLs to address the low dissolved oxygen and nutrient impairments are 1,522 tons/year of total nitrogen (TN) and 109 tons/year of total phosphorus (TP), and are allocated as follows:

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

(b) The WLAs 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, based on the measured concentrations from the 1996 to 2003 period, will require a 39 percent reduction of TN and 33 percent reduction of TP at sources contributing to exceedances of the criteria,

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 39 percent reduction of TN and 33 percent reduction of TP at sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP 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 TN and TP concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(8) Little Econlockhatchee River. The fecal coliform TMDL for the Little Econlockhatchee River is 6.26 x 10¹¹ counts/day, and is allocated as follows:

(a) The WLA for the Iron Bridge Regional Water Reclamation Facility (FL0037966) is that it must meet its NPDES permit limits.

(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 2008 period, will require a 57 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 2008 period, will require a 57 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.

(9) Smith Canal. The fecal coliform TMDL for Smith Canal 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 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 2008 period, will require a 67 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 2008 period, will require a 67 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.

(10) Smith Canal. The TMDL to address the low dissolved oxygen impairment for Smith Canal is 1.95 tons/year of TP, 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 dissolved oxygen criteria, based on the measured concentrations from the 1996 to 2003 period, will require a 26 percent reduction of TP at sources contributing to exceedances of the criteria,

(c) The LA for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria, based on the measured concentrations from the 1996 to 2003 period, will require a 26 percent reduction of TP at sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TP 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 TP concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(11) Soldier Creek. The fecal coliform TMDL for Soldier Creek is 2.87 x 10¹⁰ counts/day, 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, based on the measured concentrations from the 2001 to 2008 period, will require a 37 percent reduction at 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 2008 period, will require a 37 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 I 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.

(12) St. Johns River above Lake Monroe and Lake Monroe. The TMDLs to address the low dissolved oxygen and nutrient impairments are 1,892 tons/year of TN and 143 tons/year of TP, and are allocated as follows:

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

(b) The WLAs 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, based on the measured concentrations from the 1996 to 2003 period, are a 38 percent reduction of TN and 31 percent reduction of TP at sources contributing to exceedances of the criteria,

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, are a 38 percent reduction of TN and 31 percent reduction of TP at sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP 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 TN and TP concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(13) St. Johns River above Wekiva River. The TMDLs to address the low dissolved oxygen and nutrients are 1,906 tons/year of TN and 144 tons/year of TP, and are allocated as follows:

(a) The WLAs for the Sanford/North Wastewater Treatment Facility (FL0020141) are 9 tons/year of TN and 1 ton/year of TP.

(b) The WLAs 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, based on the measured concentrations from the 1996 to 2003 period, will require a 37 percent reduction of TN and 31 percent reduction of TP at sources contributing to exceedances of the criteria,

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 37 percent reduction of TN and 31 percent reduction of TP at sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP 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 TN and TP concentration. However, it is not the intent of the TMDL to abate natural background conditions.

(14) St. Johns River Downstream of Lake Harney and St. Johns River above Lake Jesup. The TMDLs to address the low dissolved oxygen and nutrient impairments are 1,697 tons/year of TN and 125 tons/year of TP, and are allocated as follows:

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

(b) The WLAs 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, based on the measured concentrations from the 1996 to 2003 period, will require a 37 percent reduction of TN and 32 percent reduction of TP at sources contributing to exceedances of the criteria,

(c) The LAs for nonpoint sources to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria and nutrient targets, based on the measured concentrations from the 1996 to 2003 period, will require a 37 percent reduction of TN and 32 percent reduction of TP at sources contributing to exceedances of the criteria, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TN and TP 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 TN and TP 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 8-3-06, 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