The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Middle St. Johns River Basin, Kissimmee River Basin, Peace River Basin and Withlacoochee Basin. ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.505Middle St. Johns River Basin TMDLs

62-304.515Kissimmee River Basin TMDLs

62-304.625Peace River Basin TMDLs

62-304.640Withlacoochee 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 in the Middle St. Johns River Basin, Kissimmee River Basin, Peace River Basin and Withlacoochee Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Bethel Lake, Lake Gem, Reedy Lake, Lake Ida, Hickory Lake, Lake Clinch, Lake Adelaide, Lake McLeod, and Lake Agnes will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(48)(b), F.A.C., that will supersede the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., for these surface water segments.

SUMMARY: These TMDLs address certain nutrient impairments in the Middle St. Johns River Basin, Kissimmee River Basin, Peace River Basin and Withlacoochee River Basin. Specifically, the nutrient TMDL rules being proposed for adoption in the Middle St. Johns River Basin are for Bethel Lake (WBID 2953), and Lake Gem (WBID 2997V). The nutrient TMDL rules being proposed for adoption in the Kissimmee River Basin are for Reedy Lake (WBID 1685D), Lake Ida (WBID 1685E), Hickory Lake (WBID 1730), Lake Clinch (WBID 1706), and Lake Adelaide (WBID 1730D). The nutrient TMDL rule being proposed for adoption in the Peace River Basin is for Lake McLeod (WBID 1588A). Finally, the nutrient TMDL rule being proposed for adoption in the Withlacoochee River Basin is for Lake Agnes (WBID 1466). These waterbodies were verified for nutrient impairments due to elevated chlorophyll a concentrations, using the methodology established in Chapter 62-303, F.A.C. These rulemakings have been given OGC case numbers 19-1589 (for 62-304.505), 19-1588 (for 62-304.515), 19-1590 (for 62-304.625), and 19-1591 (for 62-304.640), F.A.C. respectively.

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.

The SERC estimates that there will be no additional costs within one year after the rule becoming effective, but total costs after implementation of the rule are estimated to be $34,705 per year for Bethel Lake; $203,600 per year for Lake Gem; $17,074,266 per year for Lakes Reedy, Ida, Hickory, Clinch, and Adelaide; $1,424,250 per year for Lake McLeod; and $4,051,672 per year for Lake Agnes; the majority of which is expected to be borne by governmental entities in the watersheds.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rules do 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.

A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:

DATE AND TIME: December 16, 2019, 2:00 p.m.

PLACE: Bob Martinez Center, 2600 Blair Stone Road, Conference Room 176, 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: Erin Rasnake, [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: Erin Rasnake, Division of Environmental Assessment and Restoration, Water Quality Evaluation and TMDL Program, 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 (24) No change.

(25) Bethel Lake. The nutrient TMDL for Bethel Lake is a seven-year average of annual loads of 4,234 lbs/year TN and 234 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for high color lakes, 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 45 % reduction of TN (calculated from 7,762 lbs/year) and a 67 % reduction of TP (calculated from 715 lbs/year) from the 2002-2013 period;

(c) The LA for nonpoint sources is a 45 % reduction of TN (calculated from 7,762 lbs/year) and a 67 % reduction of TP (calculated from 715 lbs/year) based on average loads from the 2002-2013 period; and,

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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 point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody.

(26) Lake Gem. The nutrient TMDL for Lake Gem is a three-year average of annual loads of 1,130 lbs/year TN and 68 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, 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 0 % reduction of TN (calculated from 1,130 lbs/year) and a 62 % reduction of TP (calculated from 176 lbs/year)  from the 2007-2013 period;

(c) The LA for nonpoint sources is a 0 % reduction of TN (calculated from 1,130 lbs/year) and a 62 % reduction of TP (calculated from 176 lbs/year) based on average loads from the 2007-2013 period; and,

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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 point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 8-3-06, Amended 10-15-09, 7-17-14, 10-18-17, 3-26-18,            .

 

62-304.515 Kissimmee River Basin TMDLs

(1) through (6) No change.

(7) Reedy Lake. The nutrient TMDL for Reedy Lake is an AGM concentration of 0.95 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, 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 MS4 Permitting Program is a 54 % reduction of TN (calculated from 2.05 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2000 – 2016 period;

(c) The LA for nonpoint sources is 54 % reduction of TN (calculated from 2.05 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2000 - 2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN and TP 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.

(8) Lake Ida. The nutrient TMDL for Lake Ida is an AGM concentration of 0.95 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, 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 MS4 Permitting Program is a 87 % reduction of TN (calculated from 7.16 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2000 – 2016 period;

(c) The LA for nonpoint sources is 87 % reduction of TN (calculated from 7.16 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2000 - 2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN and TP 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.

(9) Hickory Lake. The nutrient TMDL for Hickory Lake is an AGM concentration of 0.95 mg/L TN and 0.03 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, 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 MS4 Permitting Program is a 69 % reduction of TN (calculated from 3.07 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentrations from the 2000 – 2016 period;

(c) The LA for nonpoint sources is 69 % reduction of TN (calculated from 3.07 mg/L) and 0 % reduction of TP, which is based on the highest AGM concentration from the 2000 - 2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN and TP 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.

(10) Lake Clinch. The nutrient TMDL for Lake Clinch is an AGM concentration of 0.62 mg/L TN and 0.01 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, 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 MS4 Permitting Program is a 18 % reduction of TN (calculated from 0.76 mg/L) and 50 % reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentrations from the 2000 – 2016 period;

(c) The LA for nonpoint sources is 18 % reduction of TN (calculated from 0.76 mg/L) and 50 % reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentration from the 2000 - 2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN and TP 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.

(11) Lake Adelaide. The nutrient TMDL for Lake Adelaide is an AGM concentration of 0.62 mg/L TN and 0.01 mg/L TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, 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 MS4 Permitting Program is a 6 % reduction of TN (calculated from 0.66 mg/L) and 50 % reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentrations from the 2000 – 2016 period;

(c) The LA for nonpoint sources is 6 % reduction of TN (calculated from 0.66 mg/L) and 50 % reduction of TP (calculated from 0.02 mg/L), which is based on the highest AGM concentration from the 2000 - 2016 period, and

(d) The Margin of Safety is implicit.

(e) While the LA for TN and TP 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.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-17-13, Amended 11-15-18,             .

 

62-304.625 Peace River Basin TMDLs

(1) through (26) No change.

(27) Lake McLeod. The nutrient TMDL for Lake McLeod is a seven-year average of annual loads of 8,172 lbs/year TN and 609 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, 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 21 % reduction of TN (calculated from 10,330 lbs/year) and a 46 % reduction of TP (calculated from 1,120 lbs/year) from the 2001-2016 period;

(c) The LA for nonpoint sources is a 21 % reduction of TN (calculated from 10,330 lbs/year) and a 46 % reduction of TP (calculated from 1,120 lbs/year) based on average loads from the 2001-2016 period; and,

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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 point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-1-07, Amended 2-19-15, 8-19-18, 10-9-19, _______.

 

62-304.640 Withlacoochee River Basin TMDLs

(1) through (5) No change.

(6) Lake Agnes. The nutrient TMDL for Lake Agnes is a seven-year average of annual loads of 10,896 lbs/year TN and 618 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color and low alkalinity lakes, 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 41 % reduction of TN (calculated from 18,552 lbs/year) and a 69 % reduction of TP (calculated from 1,979 lbs/year) from the 2000-2016 period;

(c) The LA for nonpoint sources is a 41 % reduction of TN (calculated from 18,552 lbs/year) and a 69 % reduction of TP (calculated from 1,979 lbs/year) based on average loads from the 2000-2016 period; and,

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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 point and nonpoint sources that will result in the restoration of nutrient conditions in the impaired waterbody.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 5-7-13, Amended 12-11-16, 10-09-19, _______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Noah Valenstein, Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 15, 2019

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: March 29, 2019