The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocations, for mercury in all fresh and marine waters in Florida.

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:
62-304.900: Statewide TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt a Total Maximum Daily Load (TMDL), and its allocations, for mercury in all fresh and marine waters in Florida.
SUMMARY: The TMDL addresses impairments identified in fresh and marine surface waters within the state of Florida due to mercury in fish tissue. Specifically, the TMDL rule being proposed for adoption addresses more than 1100 waterbody segments 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 TMDL was the percent reduction method. This rulemaking has been given OGC case number 12-1034.
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.
Costs associated with monitoring effluent for mercury and the potential need to develop mercury minimization plans (MMPs) were estimated for 427 industrial and domestic wastewater National Pollutant Discharge Elimination System permittees in the state of Florida. The costs to implement mercury reductions can not be estimated until the outcomes of the monitoring and any needed MMPs are known. The initial costs have been estimated to exceed one million dollars.
The Agency has determined that the proposed rule is expected to require legislative ratification based on the statement of estimated regulatory costs.
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 HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: October 30, 2012, 1:30 p.m.
PLACE: Florida Department of Environmental Protection, Bob Martinez Center, 2600 Blair Stone Road, Room 609, Tallahassee, Florida
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 48 hours 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:

62-304.900 Statewide TMDLs.

The statewide mercury (total) TMDL for all fresh and marine waters in Florida is allocated as follows:

(1) The Wasteload Allocation (WLA) for all industrial and domestic wastewater sources holding NPDES permits in Florida, other than those sources covered under subsection 62-304.900(2), F.A.C., is 23 kg/yr mercury (total). Pursuant to paragraph 62-620.100(3)(m), F.A.C., domestic wastewater facilities with a permitted capacity of greater than one million gallons per day and all industrial discharges, other than once-through cooling waters at industrial wastewater facilities and those sources covered under subsection 62-304.900(2), F.A.C., that demonstrate quantifiable mercury (total) levels in their effluent (using clean techniques, such as EPA Method 1631e) will be required to prepare and implement a mercury minimization plan addressing sources of mercury (total) within their jurisdication,

(2) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program or for other discharges primarily treating stormwater and not expected to add mercury (total) to their discharge, is generally not applicable; however, a permittee or co-permittee may be required to reduce mercury loads if sources of mercury (total) under the direct control of that permittee or co-permittee are found to exist,

(3) The Load Allocation (LA) for nonpoint sources is to address anthropogenic sources in the basin is an 86% reduction of mercury (total) from atmospheric sources, and

(4) The Margin of Safety is implicit.

(5) While the LA for mercury has been expressed as the percent reduction needed to attain the applicable narrative criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reductions. 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 Vinyard Jr., Secretary
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: September 12, 2012
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: April 27, 2012