The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients and/or dissolved oxygen (DO) in the Kissimmee River Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.515Kissimmee River Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients and/or dissolved oxygen (DO) in the Kissimmee River Basin. Furthermore, upon paragraph 62-302.531(2)(a), F.A.C., becoming effective, the nutrient TMDLs for Lake Holden, Lake Cypress, Lake Marian, Lake Jackson, and Lake Kissimmee, will constitute site specific numeric interpretations 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)(b), F.A.C., for these particular surface water segments.

SUMMARY: These TMDLs address certain nutrient and DO impairments in the Kissimmee River Basin. Specifically, the nutrient and/or DO TMDL rules being proposed for adoption are for Lake Jackson, Lake Cypress, Lake Holden, Lake Kissimmee, and Lake Marian. These waterbodies were verified for nutrient impairments due to elevated chlorophyll a concentrations and due to low DO for Lake Jackson, using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The methodologies used to develop the TMDLs were model simulations using the Hydrological Simulation Program – Fortran (HSPF) model. This rulemaking has been given an OGC case number 11-0653.

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.

One SERC was prepared for the Lake Holden system, an internally drained watershed, and a separate SERC was prepared for Lakes Cypress, Jackson, Marian, and Kissimmee, which are all part of the interconnected Upper Kissimmee River Chain of Lakes. Implementation costs associated with these TMDLs are estimated to be $715,900 for Lake Holden and $65,507,218 for Lakes Jackson, Marian, Cypress, and Kissimmee (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]

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.515 Kissimmee River Basin TMDLs.

(1) Lake Holden: The nutrient total maximum daily load (TMDL) for Lake Holden is 148 lb/year of total phosphorus (TP), 10,526 lb/year of total nitrogen (TN), and long-term annual average (5-year average) in-lake TN and TP concentrations of 1.46 mg/L and 0.009 mg/L, respectively, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System (MS4) Permitting Program is a 74.0% reduction of TP based on the year 2000 landuse and a modeling period from 1996 through 2000,

(c) The load allocation (LA) for nonpoint sources is a 74.0% reduction of TP based on the year 2000 landuse and a modeling period from 1996 through 2000, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for TP and TN has been expressed as the percent reduction needed to attain the applicable Class III nutrient criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. However, it is not the intent of this TMDL to abate natural background conditions.

(2) Lake Cypress: The nutrient TMDL for Lake Cypress is 1,374,801 lb/year of TN, 51,175 lb/year of TP, and long-term annual average (7-year average) in-lake TN and TP concentrations of 1.07 mg/L and 0.049 mg/L, respectively, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 5.0% reduction of TN and 35.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006,

(c) The LA for nonpoint sources is a 5.0% reduction of TN and 35.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006, and

(d) The Margin of Safety is implicit.

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

(3) Lake Marian: The nutrient TMDL for Lake Marian is 88,122 lb/year of TN, 6,013 lb/year of TP, and long-term annual average (7-year average) in-lake TN and TP concentrations of 1.14 mg/L and 0.049 mg/L, respectively, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 55.0% reduction of TN and 53.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006,

(c) The LA for nonpoint sources is a 55.0% reduction of TN and 53.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006, and

(d) The Margin of Safety is implicit.

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

(4) Lake Jackson: The nutrient and dissolved oxygen (DO) TMDL for Lake Jackson is 118,662 lb/year of TN, 5,553 lb/year of TP, and long-term annual average (7-year average) in-lake TN and TP concentrations of 1.20 mg/L and 0.06 mg/L, respectively, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is 20.0% reduction of TN and 25.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006,

(c) The LA for nonpoint sources is 20.0% reduction of TN and 25.0% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006, and

(d) The Margin of Safety is implicit.

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

(5) Lake Kissimmee: The nutrient TMDL for Lake Kissimmee is 2,795,484 lb/year of TN, 126,517 lb/year of TP, and long-term annual average (7-year average) in-lake TN and TP concentrations of 1.10 mg/L and 0.044 mg/L, respectively, and is allocated as follows:

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

(b) The WLA for discharges subject to the Department’s NPDES MS4 Permitting Program is a 15.0% reduction of TN and 17% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006,

(c) The LAs for nonpoint sources are 15% reduction of TN and 17% reduction of TP based on the year 2000 landuse and a modeling period from 2000 through 2006, and

(d) The Margin of Safety is implicit.

(e) While the WLA and LA for TN and TP have been expressed as the percent reductions needed to attain the applicable Class III nutrients criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody. 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_________.

 

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: April 5, 2013