The purpose of the rule is to adopt total nitrogen and carbonaceous biochemical oxygen demand (CBOD) Total Maximum Daily Loads (TMDLs), and their allocations, for the Stevenson Creek Tidal Segment in the Springs Coast Basin. Furthermore, upon ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.645Springs Coast Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt total nitrogen and carbonaceous biochemical oxygen demand (CBOD) Total Maximum Daily Loads (TMDLs), and their allocations, for the Stevenson Creek Tidal Segment in the Springs Coast Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, the total nitrogen TMDL for this segment will constitute a site specific numeric interpretation of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C. that will supersede the otherwise applicable numeric nutrient criteria in paragraph 62-302.531(2)(c) ), F.A.C., for this particular surface water segment. The CBOD TMDL is not included as part of this site specific numeric nutrient interpretation.

SUMMARY: The TMDL address certain dissolved oxygen and nutrient impairments in the Stevenson Creek Tidal Segment in the Springs Coast Basin. The waterbody was verified as impaired for dissolved oxygen and nutrients using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodologies used to develop the TMDLs were applications of a mechanistic watershed model and surface water model. This rulemaking has been given an OGC case number 08-2478.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has been prepared by the agency.

Implementation costs associated with 1) wastewater facilities with National Pollutant Discharge Elimination System (NPDES) permits and 2) municipal separate storm sewer system (MS4) permits are estimated to be $5,125,400 per year.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rule does not require legislative ratification.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 403.061, 403.067 FS.

LAW IMPLEMENTED: 403.061, 403.062, 403.067 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Watershed Evaluation and TMDL Section, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone].

For the 21 day period after this notice, the Department will accept written comments on the establishment of this nutrient TMDL as a site specific interpretation of the narrative nutrient criterion that will supersede the otherwise applicable numeric nutrient criteria in paragraph 62-302.531(2)(c), F.A.C., for this particular surface water segment. Written comments should be directed to Jan Mandrup-Poulsen at the address above.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.645 Stevenson Creek Tidal Segment TMDLs.

(1) through (14)  No change.

(15) Stevenson Creek Tidal Segment. The Total Maximum Daily Loads for the Stevenson Creek tidal segment, to address nutrients and low dissolved oxygen, are 39,915 lbs/year of TN and 85,471 lbs/year of five-day carbonaceous biochemical oxygen demand (CBOD5) and are allocated as follows:

(a) The WLAs for the Marshall Street Wastewater Treatment Plant are 76,157 lbs/year of CBOD5 and 33,509 lbs/year of total nitrogen,

(b) The WLAs for discharges subject to the Department’s NPDES MS4 permitting program address anthropogenic sources in the basin and are 9,314 lbs/year of CBOD5 and 6,406 lbs/year of total nitrogen,

(c) Achievement of the total WLAs for the TMDLs by combining the Marshall Street WWTP and the MS4 discharges is allowed without reallocation of the individual WLAs,

(d) The LA for this TMDL is not applicable, and

(e) The Margin of Safety is Implicit.

(f) While the WLAs for CBOD5 and TN have been expressed as the load (in pounds) 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 CBOD5 and TN.  However, it is not the intent of the TMDL to abate natural background conditions.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 11-14-12, 6-7-13,___________.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Herschel T. Vinyard Jr., Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 25, 2013

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: November 23, 2011