The proposed rules revise several definitions used in Chapter 62-302, F.A.C., by updating reference information as well as updating a number of biological standard operating procedures that are incorporated by reference. The proposed rules change ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-302.200: Definitions

62-302.300: Findings, Intent, and Antidegradation Policy for Surface Water Quality

62-302.400: Classification of Surface Waters, Usage, Reclassification, Classified Waters

62-302.530: Table: Surface Water Quality Criteria

62-302.531:  Numeric Interpretations of Narrative Nutrient Criteria

62-302.532:  Estuary-Specific Numeric Interpretations of the Narrative Nutrient Criterion

62-302.533:  Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters

62-302.800: Site Specific Alternative Criteria

PURPOSE AND EFFECT: The proposed rules revise several definitions used in Chapter 62-302, F.A.C., by updating reference information as well as updating a number of biological standard operating procedures that are incorporated by reference. The proposed rules change the classification of a number of estuarine waters around the state from Class III to Class II (shellfish propagation or harvesting) waters, with specific areas identified by incorporation of maps by reference. The water quality criteria for alkalinity are revised to address waterbodies with naturally low levels of alkalinity. The water quality criteria for un-ionized ammonia in fresh water are replaced with criteria for total ammonia. The water quality criteria for bacteriological quality (fecal coliform) are replaced with criteria for Escherichia coli bacteria (fresh water) and Enterococci bacteria (marine waters), although Class II waters still also retain fecal coliform criteria as well. New water quality criteria are established for nonylphenol, carbaryl (fresh water only), chlorpyrifos, and diazinon. The proposed rules clarify the methodology for determining lake color and alkalinity when assessing nutrients in lakes. The estuarine nutrient region boundaries for Naples Bay and Tampa Bay are slightly revised. Clarification is made to the total nitrogen methodology for Sarasota Bay. The proposed rules also clarify how to calculate annual geometric and arithmetic means for nutrients in marine waters.  The proposed rules also update several rule references.

SUMMARY: The Department is amending Chapter 62-302, F.A.C., to: (1) update a number of biological standard operating procedures, (2) reclassify a number of estuarine waterbodies from Class III to Class II, (3) replace criteria for un-ionized ammonia (fresh water) with criteria for total ammonia, (4) replace criteria for bacteriological quality (fecal coliform) with criteria for Escherichia coli bacteria (fresh water) and Enterococci bacteria (marine water), (5) establish new water quality criteria for nonylphenol, carbaryl (fresh water only), chlorpyrifos, and diazinon, (6) clarify the methodology for determining lake color and alkalinity when assessing nutrients in lakes, (7) revise the estuarine nutrient region boundaries for Naples Bay and Tampa Bay, (8) clarify the calculation of annual geometric and arithmetic means for nutrients in marine waters, and (9) update several rule references.

The Department conducted an initial set of public workshops on June 10 and June 11, 2015, in Tallahassee and Orlando, respectively, followed by public workshops on September 15, September 16, and September 17, 2015, in West Palm Beach, Orlando, and Tallahassee, respectively.

OTHER RULES INCORPORATING THIS RULE: Chapter 62-302, F.A.C., is referenced by the following rules: 

18-2.021, 62-4.160, 62-4.241, 62-4.242, 62-4.244, 62-4.246, 62-25.001, 62-25.025, 62-25.080, 62-40.120, 62-40.210, 62-45.070, 62-45.170, 62-110.106, 62-113.200, 62-301.100, 62-302.200, 62-302.300, 62-302.400, 62-302.500, 62-302.520, 62-302.530, 62-302.531, 62-302.532, 62-302.540, 62-302.700, 62-302.800, 62-303.100, 62-303.200, 62-303.320, 62-303.330, 62-303.351, 62-303.352, 62-303.353, 62-303.354, 62-303.370, 62-303.390, 62-303.400, 62-303.430, 62-303.450, 62-303.720, 62-304.310, 62-304.335, 62-312.400, 62-330.100, 62-330.200, 62-330.405, 62-330.410, 62-330.412, 62-330.630, 62-340.700, 62-346.050, 62-346.051, 62-346.301, 62-348.200, 62-520.200, 62-520.520, 62-528.610, 62-528.630, 62-600.120, 62-600.200, 62-600.300, 62-600.400, 62-600.430, 62-600.440, 62-600.500, 62-600.520, 62-610.200, 62-610.300, 62-610.310, 62-610.554, 62-610.555, 62-610.650, 62-610.670, 62-610.810, 62-610.820, 62-610.830, 62-610.850, 62-610.860, 62-611.110, 62-611.200, 62-611.450, 62-611.500, 62-611.600, 62-611.650, 62-611.700, 62-620.320, 62-620.620, 62-621.303, 62-624.800, 62-625.400, 62-640.400, 62-650.300, 62-660.300, 62-673.340, 62-673.610, 62-701.200, 62-709.500, 62-711.540, 62-761.200, 62-762.201, 62-770.200, 62-771.100, 62-777.150, 62-777.170, 62-780.200, 62-782.200, 62-785.200, 62B-49.008, 62B-49.012, 62C-16.0051, F.A.C.

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 resulting from surface water reclassifications were estimated at $193 over five years for the one facility that would be required to do additional disinfection. Costs per year resulting from revisions to the criteria for ammonia and bacteria were estimated at $27,536 (ammonia) and $521,100 (bacteria). However, there is an estimated reduction in costs (statewide) for dischargers to waterbodies that would no longer be listed as impaired under the proposed criteria. This reduction in costs is estimated at $565,200 per year. The estimated aggregate savings statewide per year is $16,564.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: The Department relied upon the SERC to determine whether legislative ratification would be required.  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, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS.

LAW IMPLEMENTED: 373.414, 403.021, 403.021(11), 403.031, 403.061, 403.062, 403.067, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708, 403.802 FS.

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

DATE AND TIME: Wednesday, December 9, 2015, 9:00 a.m.

PLACE: Florida Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, 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 5 days before the workshop/meeting by contacting: Eric Shaw at [phone] or the below information. 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: Eric Shaw, Department of Environmental Protection, Water Quality Standards Program, MS 6511, 2600 Blair Stone Road, Tallahassee, FL 32399-2400, [phone] or e-mail: [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

CHAPTER 62-302

SURFACE WATER QUALITY STANDARDS

62-302.200 Definitions.

As used in this chapter:

(1) through (16) No change.

(17) “Lake Vegetation Index (LVI)” shall mean a Biological Health Assessment that measures lake biological health in predominantly freshwaters using aquatic and wetland plants, performed and calculated using the Standard Operating Procedures for the LVI in the document titled LVI 1000: Lake Vegetation Index Methods (DEP-SOP-003/11 LVI 1000), dated 3/1/14 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06037), and the methodology in Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), both dated 10-24-11 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06038), which are incorporated by reference herein. Copies of the documents may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(18) No change.

(19) “Natural background” shall mean the condition of waters in the absence of man-induced alterations based on the best scientific information available to the Department. The establishment of natural background for an altered waterbody may be based upon a similar unaltered waterbody, historical pre-alteration data, paleolimnological examination of sediment cores, or examination of geology and soils. When determining natural background conditions for a lake, the lake’s location and regional characteristics as described and depicted in the U.S. Environmental Protection Agency document titled Lake Regions of Florida (EPA/R-97/127, dated 1997, U.S. Environmental Protection Agency, National Health and Environmental Effects Research Laboratory, Corvallis, OR), which is incorporated by reference herein, shall also be considered.  The lake regions in this document are grouped according to ambient total phosphorus and total nitrogen concentrations in the following lake zones:

(a) through (j) No change.

(k) The TN5 nitrogen zone consists of the USEPA Lake Regions 75-07,75-08, 75-25, 75-28, 75-30, 75-35, 75-36, 75-37, 76-01 and 76-04.

The Lake Regions document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(20) through (24) No change.

(25) “Nutrient Watershed Region” shall mean a drainage area over which the nutrient thresholds in paragraph 62-302.531(2)(c), F.A.C., apply.

(a) through (e) No change.

(f) The South Florida region consists of those areas south of the Peninsula region, such as the Cocohatchee River Watershed, Naples Bay Watershed, Rookery Bay Watershed, Ten Thousand Islands Watershed, Lake Worth Lagoon Watershed, Southeast Coast – Biscayne Bay Watershed, Everglades Watershed, Florida Bay Watershed, and the Florida Keys.

A map of the Nutrient Watershed Regions, dated October 17, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06033), is incorporated by reference herein and may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(26) through (36) No change.

(37) “Stream Condition Index (SCI)” shall mean a Biological Health Assessment that measures stream biological health in predominantly freshwaters using benthic macroinvertebrates, performed and calculated using the Standard Operating Procedures for the SCI in the document titled SCI 1000: Stream Condition Index Methods (DEP-SOP-003/11 SCI 1000), dated 3/1/14 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039), and the methodology in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), both dated 10-24-11 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06040), which are incorporated by reference herein. Copies of the documents may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. For water quality standards purposes, the Stream Condition Index shall not apply in the South Florida Nutrient Watershed Region.

(38) through (44) No change.

Rulemaking Authority 403.061, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021(11), 403.031, 403.061, 403.062, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History–New 5-29-90, Amended 2-13-92, Formerly 17-302.200, Amended 1-23-95, 5-15-02, 4-2-08, 7-3-12, 8-1-13,   -  -  .

 

Editorial Note: Rule subsections 62-302.200(1)-(3), (5), (7), (9)-(15), (18)-(21), (29)-(30), (34), (38), (40), (42), and (44) became effective on 7-3-12, 20 days after filing the rule certification package for Florida’s numeric nutrient standards. Rule subsections 62-302.200(4), (16)-(17), (22)-(25), (35)-(37), and (39) will become effective upon approval by EPA in their entirety, conclusion of rulemaking by EPA to repeal its federal numeric nutrient criterion for Florida, and EPA’s determination that Florida’s rules address its January 2009 determination that numeric nutrient criteria are needed in Florida.

 

62-302.300 Findings, Intent, and Antidegradation Policy for Surface Water Quality.

(1) through (18) No change.

(19) The implementation of numeric nutrient standards under Rules 62-302.531 and 62-302.532, F.A.C., shall be implemented consistent with the document titled “Implementation of Florida’s Numeric Nutrient Standards,” dated April 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02905), which is incorporated by reference herein. Copies of this document may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. This document references the following documents, which are incorporated by reference in Rule 62-302.531, F.A.C. which is not yet effective ‒ see editorial note for Rule 62-302.531, F.A.C. 

(a) The following documents are incorporated by reference herein and may be obtained from the address above:

1. through 2. No change.

3. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02908);

4. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06037) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02909);

5. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06041) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02910);

6. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02911);

7. through 12. No change.

(b) The following documents, each of which is incorporated by reference herein, are cited in Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer (DEP-SAS-001/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02906):

1. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02908);

2. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06037) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02909);

3. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06041) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02910);

4. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02911);

5. through 6. No change.

(c) The following document, which is incorporated by reference herein, is cited in Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02907):  LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-04334) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02909).

(d) The following documents, each of which is incorporated by reference herein, are cited in one of the Standard Operating Procedures identified above in paragraph 62-302.300(19)(a), F.A.C.

1. SCI 1000 Stream Condition Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02908):

a. through b. No change.

c. FT 3100 Stream and River Habitat Assessment (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06035) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02944).

2. LVI 1000 Lake Vegetation Index Methods (DEP-SOP-003/11), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06037) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02909):

a. through b. No change.

3. FS 7000 General Biological Community Sampling (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06041) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02910):  Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer (DEP-SAS-002/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02907).

4. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02911):  FA 5720, Section 1, Training for Habitat Assessment Testing, in DEP-SOP-001/01, dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06036) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02945).

(e) The following documents, each of which is incorporated by reference herein, are cited in Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02912), identified above in Subsection 62-302.300(19), F.A.C.

1. FT 3000 Aquatic Habitat Characterization (DEP-SOP-001/01), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06042) September 19, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02911);

2. through 7. No change.

(f) through (g) No change.

Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 373.414, 403.021(11), 403.061, 403.085, 403.086, 403.087, 403.088, 403.101, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708, 403.802 FS. History–Formerly 17-3.041, Amended 1-28-90, Formerly 17-3.042, 17-302.300, Amended 12-19-94, 1-23-95, 12-26-96, 5-15-02, 12-7-06, 7-17-13,   -  -  .

 

62-302.400 Classification of Surface Waters, Usage, Reclassification, Classified Waters.

(1) through (7) No change.

(8) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmative findings required in this section, as described in the DEP document titled, “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), dated June 2010 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02960), incorporated by reference herein. Copies of the Process document may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(9) through (14)  No change.

(15) Unless otherwise specified, the following shall apply:

(a) No change.

(b) Water quality classifications shall be interpreted to include associated water bodies such as tidal creeks, coves, bays and bayous. Notwithstanding paragraph 62-302.400(15)(a), F.A.C., above, the The boundaries of Class II waters shall be limited to “Predominantly Marine Waters” as defined in subsection 62-302.200(30), F.A.C.

(16) Exceptions to Class III:

(a) No change.

(b) The following listed waterbodies are classified as Class I, Class II, Class III-Limited, or Class V.:  Copies of the maps referenced below may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.  The written waterbody descriptions are to be read in conjunction with the incorporated maps; however, the maps will take precedence if any conflict is identified between the written descriptions and the maps.

1. through 4. No change.

5. Brevard County.

Class I

St. Johns River and Tributaries – Lake Washington Dam south through and including Sawgrass Lake, Lake Hellen Blazes, to Indian River County Line.

Class II

All or portions of the Mosquito Lagoon, Banana River, Newfound Harbor, Indian River, and Goat, Kid and Trout Creeks, as shown on the maps titled “Class II waters in Brevard County, October 2015,” which are incorporated by reference herein.

Goat Creek

Indian River – South from a line due east of Barnes Blvd. (SR 502) to South Section Line of Section 29, T26S, R37E, Palm Shores.

Indian River – From a line from Cape Malabar northeastward through Intracoastal Waterway marker 16, to shore, then southward to S. Brevard County Line.

Indian River – N. Brevard County Line south to Florida East Coast Railroad Crossing (vicinity of Jay Jay).

Kid Creek.

Mosquito Lagoon – North Brevard County Line south to Beach Road.

Trout Creek.

Indian River – The east side of the Intracoastal Waterway from SR 405 northward, to a line from the southern point of land at the mouth of Brock Creek to Intracoastal Waterway Channel Marker 33.

Indian River – From SR 405 south to SR 528.

6. through 8. No change.

9. Citrus County

Class II

All coastal waters and tidal creeks within the county, excluding (a) waters landward of the mouths of Bungalou Pass, East Pass, Johns Creek, Trout Creek, and the Cross Florida Barge Canal entrance next to Trout Creek, (b) Crystal River, (c) a portion of the Salt River south of the northern juncture of Salt Creek, and (d) the St. Martins River from its mouth to Greenleaf Bay, all as shown on the map titled “Class II waters in Citrus County, October 2015,” which is incorporated by reference herein.

Class II Coastal Waters – From the southern side of the Cross Florida Barge Canal southward to the Hernando County line, with the exception of Crystal River (from the southern shore at the mouth of Cedar Creek to Shell Point to the westernmost tip of Fort Island), Salt River (portion generally east and southward along the eastern edge of the islands bordering the Salt River and Dixie Bay to St. Martins River), and St. Martins River from its mouth to Greenleaf Bay.

10. through 14. No change.

15. Dixie County

Class II

All coastal waters within the county, excluding the mouth of the Suwannee River and its passes, as shown on the map titled “Class II waters in Dixie County, October 2015,” which is incorporated by reference herein.

Coastal Waters – From an east-west line through Stuart Point southward to the County line, excluding the mouth of the Suwannee River and its passes.

16. No change.

17. Escambia County

Class II

Escambia Bay – Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point).

Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98).

Santa Rosa Sound – East of a line connecting Gulf Breeze approach to Pensacola Beach (Pensacola Beach Bascule Bridge), and Sharp Point with exception of the Navarre Beach area from a north-south line through Channel Marker 106 to Navarre Bridge

18. No change.

19. Franklin.

Class II

All or portions of Alligator Harbor, Apalachicola Bay, East Bay and its tributaries, the coastal waters north of a line from Peninsula Point on Alligator Point to the southeastern tip of Dog Island, Ochlockonee Bay, St. George Sound, and St. Vincent Sound, as shown on the maps titled “Class II waters in Franklin County, October 2015,” which are incorporated by reference herein.

Alligator Harbor – East from a line from Peninsula Point north to St. James Island to mean high water.

Apalachicola Bay – with exception of an area encompassed within a 2-mile radius from Apalachicola entrance of John Gorrie Memorial Bridge.

East Bay and Tributaries – with the exception of area encompassed within 2-mile radius from Apalachicola entrance of John Gorrie Memorial Bridge.

Gulf of Mexico – North of a line from Peninsula Point on Alligator Point to the southeastern tip of Dog Island and bounded on the east by Alligator Harbor and west by St. George Sound.

Ochlockonee Bay – From the confluence of Sopchoppy and Ochlockonee Rivers eastward to a line through the two flashing beacons marking the end of the main channel and south channel, to the shoreline south of Bald Point north to the county line.

St. George Sound – Gulf of Mexico westerly to Apalachicola Bay.

St. Vincent Sound – Apalachicola Bay to Indian Pass.

20. through 28. No change.

29. Hillsborough County.

Class I

Cow House Creek – Hillsborough River to source.

Hillsborough River – City of Tampa Water Treatment Plant Dam to Flint Creek.

Class II

 

All or portions of Tampa Bay, Old Tampa Bay, and Mobbly Bay, excluding waters in the Tampa Harbor Channel and waters north of SR 580 in Rocky and Double Branch Creeks, as shown on the map titled “Class II waters in Hillsborough County, October 2015,” which is incorporated by reference herein.  

Old Tampa Bay – Waters within Hillsborough County between SR 60 (Courtney Campbell Parkway), and Interstate 275 (Howard Frankland Bridge), to the line of mean high water.

Old Tampa Bay and Mobbly Bay – Beginning at the intersection of the north shore of SR 60 (Courtney Campbell Parkway) and Longitude 82º35'45'' west, thence due north to the line of mean high water, thence westward along the line of mean high water, (except Rocky and Double Branch Creeks which are included only to SR 580), and up Channel A to a line connecting the lines of mean high water on the outer sides of the canal banks, to the county line, thence southerly along the county line to SR 60, thence along the north shore of SR 60 to the point of beginning.

Tampa Bay – Beginning at Gadsden Point, thence along a line connecting Gadsden Point and the intersection of Gadsden Point Cut and Cut “A” to a point one-half nautical mile inside said intersection, thence westward along a line one-half nautical mile inside and parallel to Gadsden Point Cut, Cut “G”, Cut “J”, Cut “J2”, and Cut “K”, to the line of mean high water, thence along the line of mean high water to the point of beginning.

Tampa Bay – Beginning at the intersection of the Hillsborough County Line and the line of mean high water, thence to the rear range marker of Cut “D”, thence northerly along the line of Cut “D” range to a point one-half nautical mile inside the southern boundary of Cut “C”, thence along a line one-half mile inside and parallel to Cut “C”, Cut “D”, and Cut “E” to a point with Latitude 27º45'40'' north and Longitude 82º30'40'' west, thence to a point Latitude 27º47' north and Longitude 82º27' west, thence on a true bearing of 140º to the line of mean high water, thence along the line of mean high water southward to the western tip of Mangrove Point, thence to the northwestern tip of Tropical Island, thence eastward along the line of mean high water to the eastern tip of Goat Island, thence due south to the line of mean high water, thence generally southward along the line of mean high water to the point of beginning.

Tampa Bay – Hillsborough County portion west of the Sunshine Skyway (excluding Tampa Harbor Channel) up to the line of mean high water.

30. No change.

31. Indian River County.

Class I

St. Johns River and Tributaries – Brevard County Line south through and including Blue Cypress Lake to SR 60.

Class II

Portions of Indian River, as shown on the maps titled “Class II waters in Indian River County, October 2015,” which are incorporated by reference herein.

Indian River – Indian River County Line south to SR 510 east of the Intracoastal Waterway channel centerline.

Indian River – SR 510 south to an east-west line from the north side of the North Relief Canal.

Indian River – From an east-west line through the northernmost point of Round Island south to county line and east of Intracoastal Waterway centerline.

32. through 37. No change.

38. Levy County.

Class II

 

All coastal waters and tidal creeks in the county, excluding the mouth of the Suwannee River and its passes, portions of Alligator Pass and Cedar Key, and the mouth of the Withlacoochee River, as shown on a map titled “Class II waters in Levy County, October 2015,” which is incorporated by reference herein.

Coastal Waters and Tidal Creeks – Within the county excluding:

a. The mouth of the Suwannee River, and its passes;

b. Alligator Pass to a line connecting the seawardmost points of the islands connecting Alligator Pass with the Gulf;

c. Cedar Key area – from SR 24 bridge at the northernmost point of Rye Key, southwestward to the northernmost point of Gomez Key, then southward to the westernmost point of Seahorse Key, then along the southern shoreline of Seahorse Key to its easternmost point, then northeastward to the southernmost point of Atsena Otie Key, then northward along the eastern shoreline of Atsena Otie Key to its northeasternmost point, then northward to the southernmost point of Dog Island, northwestward to the westernmost point of Scale Key, northwestward to the boundary marker piling, then northward to the point of beginning;

d. The mouth of the Withlacoochee River

39. through 55. No change.

56. St. Lucie County.

Class II

Portions of Indian River, as shown on the map titled “Class II waters in St. Lucie County, October 2015,” which is incorporated by reference herein.

Indian River – From Middle Point south to S. St. Lucie County Line, east of Intracoastal Waterway Channel centerline.

Indian River – N. St. Lucie County Line south to an east-west line through the southern point of Fishhouse Cove.

57. Santa Rosa County

Class II

Blackwater Bay – From a line connecting Robinson’s Point to Broad River south to East Bay (line due west from Escribano Point).

East Bay and Tributaries – Blackwater Bay (line due west from Escribano Point) southerly to Pensacola Bay (line from Garcon Point on the north to Redfish Point on the south).

Escambia Bay – Louisville and Nashville Railroad Trestle south to Pensacola Bay (Line from Emanuel Point east northeasterly to Garcon Point).

Pensacola Bay – East of a line connecting Emanuel Point on the north to the south end of the Pensacola Bay Bridge (U.S. Highway 98).

Santa Rosa Sound – From a line connecting Gulf Breeze approach to Pensacola Beach (Pensacola Beach Bascule Bridge), and Sharp Point, east to Santa Rosa/Okaloosa County line with exception of the Navarre Beach area from a north-south line through Channel Marker 106 eastward to Navarre Beach Toll Road.

58. through 63. No change.

64. Volusia County

Class II

All or portions of Indian River North, Indian River Lagoon, and Mosquito Lagoon, as shown on the maps titled “Class II waters in Volusia County, October 2015,” which are incorporated by reference herein.

Indian River North, Indian River Lagoon, and Mosquito Lagoon from an east-west line through Intracoastal Waterway Channel Marker 57 south to S. Volusia County Line.

Indian River – North of County Line.

65. No change.

66. Walton County.

Class II

Portions of Choctawhatchee Bay and its tributaries, as shown on the map titled “Class II waters in Walton County, October 2015,” which is incorporated by reference herein.

Choctawhatchee Bay and Tributaries – Except waters north of a line from Alaqua Point to Wheeler Point.

67. No change.

Rulemaking Authority 403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708 FS. History–Formerly 28-5.06, 17-3.06, Amended and Renumbered 3-1-79, Amended 1-1-83, 2-1-83, Formerly 17-3.081, Amended 4-25-93, Formerly 17-302.400, Amended 12-26-96, 8-24-00, 12-7-06, 8-5-10, 8-1-13,   -  -  .

 

62-302.530 Table: Surface Water Quality Criteria.

 

The following table contains both numeric and narrative surface water quality criteria to be applied except within zones of mixing. The left-hand column of the Table is a list of constituents for which a surface water criterion exists. The headings for the water quality classifications are found at the top of the Table, and the classification descriptions for the headings are specified in subsection 62-302.400(1), F.A.C. Applicable criteria lie within the Table. The individual criteria should be read in conjunction with other provisions in water quality standards, including Rule 62-302.500, F.A.C. The criteria contained in Rule 62-302.500, F.A.C., also apply to all waters unless alternative or more stringent criteria are specified in Rule 62-302.530, F.A.C. Unless otherwise stated, all criteria express the maximum not to be exceeded at any time except within established mixing zones or in accordance with site-specific effluent limitations developed pursuant to Rule 62-620.620, F.A.C. In some cases, there are separate or additional limits, which apply independently of the maximum not to be exceeded at any time. For example, the criteria for carcinogens, which are expressed as an annual average (denoted as “annual avg.” in the Table), are applied as the maximum allowable annual average concentration at the long-term harmonic mean flow (see subsection 62-302.200(2), F.A.C.). Numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(47)(b), F.A.C., shall be expressed as spatial averages and applied over a spatial area consistent with their derivation. In applying the water quality standards, the Department shall take into account the variability occurring in nature and shall recognize the statistical variability inherent in sampling and testing procedures. The Department’s assessment methodology, set forth in Chapter 62-303, F.A.C., accounts for such natural and statistical variability when used to assess ambient waters pursuant to sections 305(b) and 303(d) of the Federal Clean Water Act.

 

Criteria for Surface Water Quality Classifications
				Class III and Class III-Limited (see Note 4)
Parameter	Units	Class I	Class II	Predominantly Fresh Waters	Predominantly Marine Waters	Class IV		Class V
(1) Alkalinity	Milligrams/L as CaCO3	Shall not be depressed below 20. In waterbodies with natural alkalinity levels below 20 mg/L, alkalinity shall not be reduced by more than 25%.		Shall not be depressed below 20. In waterbodies with natural alkalinity levels below 20 mg/L, alkalinity shall not be reduced by more than 25%.		< 600
(2)  No change.
(3) Ammonia (Total Ammonia Nitrogen) (Class I, Class III fresh water, and Class III-Limited fresh water)	Milligrams/L as Total Ammonia Nitrogen (TAN = NH4+ + NH3)	The 30-day average TAN value shall not exceed the average of the values calculated from the following equation, with no single value exceeding 2.5 times the value from the equation:     For waterbodies where an affirmative demonstration has been made that freshwater mussels in the Order Unionoida are naturally absent, the 30-day average TAN value shall not exceed the average of the values calculated from the following equation, with no single value exceeding 2.5 times the value from the equation:     The affirmative demonstration shall follow the methods described in Technical Support Document for Conducting and Reviewing Freshwater Mussel Occurrence Surveys for the Development of Site-specific Water Quality Criteria for Ammonia, EPA-800-R-13-003, U.S. Environmental Protection Agency, August 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06047), and follow the sensitive species deletion process described in Revised Deletion Process for the Site-Specific Recalculation Procedure for Aquatic Life Criteria, EPA-823-R-13-001, U.S. Environmental Protection Agency, April 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06048), which are incorporated by reference herein,   T and pH are defined as the paired temperature (°C) and pH associated with the TAN sample. For purposes of total ammonia nitrogen criterion calculations, pH is subject to the range of 6.5 to 9.0. The pH shall be set at 6.5 if measured pH is < 6.5 and set at 9.0 if the measured pH is > 9.0.
(3) Ammonia (un-ionized)	Milligrams/L as NH3	< 0.02		< 0.02
(4) through (5) No change.
(6) (a) Bacteriological Quality (Fecal Coliform Bacteria)	Number per 100 ml (Most Probable Number (MPN) or Membrane Filter (MF))	MPN or MF counts shall not exceed a monthly average of 200, nor exceed 400 in 10% of the samples, nor exceed 800 on any one day. Monthly averages shall be expressed as geometric means based on a minimum of 5 samples taken over a 30 day period.	MPN or MF counts shall not exceed a median value of 14 with not more than 10% of the samples exceeding the Ten Percent Threshold Value (TPTV) of 43 (for MPN) or 31 (for MF), nor exceed 800 on any one day. To determine the percentage of samples exceeding the criteria when there are both MPN and MF samples for a waterbody, the percent shall be calculated as 100*(nmpn+nmf)/N, where nmpn is the number of MPN samples greater than 43, nmf  is the number of MF samples greater than 31, and N is the total number of MPN and MF samples.	MPN or MF counts shall not exceed a monthly average of 200, nor exceed 400 in 10% of the samples, nor exceed 800 on any one day. Monthly averages shall be expressed as geometric means based on a minimum of 10 samples taken over a 30 day period.	MPN or MF counts shall not exceed a monthly average of 200, nor exceed 400 in 10% of the samples, nor exceed 800 on any one day. Monthly averages shall be expressed as geometric means based on a minimum of 10 samples taken over a 30 day period.
(6) (b) Bacteriological Quality (Escherichia coli Bacteria)	Number per 100 ml (Most Probable Number (MPN) or Membrane Filter (MF))	MPN or MF counts shall not exceed a monthly geometric mean of 126 nor exceed the Ten Percent Threshold Value (TPTV) of 410 in 10% or more of the samples during any 30-day period.      Monthly geometric means shall be based on a minimum of 5 samples taken over a 30-day period.		MPN or MF counts shall not exceed a monthly geometric mean of 126 nor exceed the Ten Percent Threshold Value (TPTV) of 410 in 10% or more of the samples during any 30-day period.   Monthly  geometric means shall be based on a minimum of 10 samples taken over a 30-day period.
(6) (c) Bacteriological Quality (Enterococci Bacteria)	Number per 100 ml (Most Probable Number (MPN) or Membrane Filter (MF))		MPN or MF counts shall not exceed a monthly geometric mean of 35 nor exceed the Ten Percent Threshold Value (TPTV) of 130 in 10% or more of the samples during any 30-day period.  Monthly geometric means shall be based on a minimum of 10 samples taken over a 30-day period.		MPN or MF counts shall not exceed a monthly geometric mean of 35 nor exceed the Ten Percent Threshold Value (TPTV) of 130 in 10% or more of the samples during any 30-day period.  Monthly  geometric means shall be based on a minimum of 10 samples taken over a 30-day period.
(7) through (45)  No change.
(46) Nonylphenol (4-nonylphenol)	Micrograms/L	< 6.6	< 1.7	< 6.6	< 1.7
(46) through (50) renumbered as (47) through (51)  No change.
(50)(a) through (50)(d) renumbered as (51)(a) through (51)(d)  No change.
(51)(e) Carbaryl	Micrograms/L	< 2.1		< 2.1
(50)(e) renumbered as (51)(f)  No change.
(51)(g) Chlorpyrifos	Micrograms/L	< 0.041	< 0.0056	< 0.041	< 0.0056
(50)(f) through (50)(g)   renumbered as (51)(h) through (51)(i)  No change.
(51)(j) Diazinon	Micrograms/L	< 0.17	< 0.82	< 0.17	< 0.82
(50)(h) through (50)(r) renumbered as (51)(k) through (51)(u)  No change.
(51) through (70) renumbered as (52) through (71)  No change.

 

Notes: (1) “ln H” means the natural logarithm of total hardness expressed as milligrams/L of CaCO3. For metals criteria involving equations with hardness, the hardness shall be set at 25 mg/L if actual hardness is < 25 mg/L and set at 400 mg/L if actual hardness is > 400 mg/L. (2) This criterion is protective of human health not of aquatic life. (3) For application of dissolved metals criteria see paragraph 62-302.500(2)(d), F.A.C. (4) Class III-Limited waters have at least one Site Specific Alternative Criterion as established under Rule 62-302.800, F.A.C.

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 1-28-90, Formerly 17-3.065, Amended 2-13-92, 6-17-92, Formerly 17-302.540, 17-302.550, 17-302.560, 17-302.570, 17-302.580, Amended 4-25-93, Formerly 17-302.530, Amended 1-23-95, 1-15-96, 5-15-02, 7-19-04, 12-7-06, 8-5-10, 7-3-12, 8-1-13,   -  -  .

 

62-302.531 Numeric Interpretations of Narrative Nutrient Criteria.

(1) No change.

(2) The narrative water quality criterion for nutrients in paragraph 62-302.530(47)(b), F.A.C., shall be numerically interpreted for both nutrients and nutrient response variables in a hierarchical manner as follows:

(a) Where a site specific numeric interpretation of the criterion in paragraph 62-302.530(47)(b), F.A.C., has been established by the Department, this numeric interpretation shall be the primary interpretation. If there are multiple interpretations of the narrative criterion for a waterbody, the most recent interpretation established by the Department shall apply. A list of the site specific numeric interpretations of paragraph 62-302.530(47)(b), F.A.C., may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

1. through 2. No change.

(b) If site specific numeric interpretations, as described in paragraph 62-302.531(2)(a), F.A.C., above, have not been established for a waterbody, but there is an established, quantifiable cause-and-effect relationship between one or more nutrients and nutrient response variables linked to a value that protects against an imbalance in the natural populations of the aquatic flora or fauna, then the numeric values for the nutrients or nutrient response variables, set forth in this paragraph (2)(b), shall be the applicable interpretations. Absent a numeric interpretation as established in paragraph 62-302.531(2)(a), F.A.C., site specific numeric interpretations are established as follows:

1. For lakes, the applicable numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(47)(b), F.A.C., for chlorophyll a are shown in the table below. The applicable interpretations for TN and TP will vary on an annual basis, depending on the availability of chlorophyll a data and the concentrations of nutrients and chlorophyll a in the lake, as described below. The applicable numeric interpretations for TN, TP, and chlorophyll a shall not be exceeded more than once in any consecutive three year period.

a. through b. No change.

c. For the purpose of subparagraph 62-302.531(2)(b)1., F.A.C., color shall be assessed as true color and shall be free from turbidity. Lake color and alkalinity shall be the long-term geometric mean of all of the data for the period of record, based on a minimum of ten data points over at least three years with at least one data point in each year. If insufficient alkalinity data are available, long-term geometric mean specific conductance values of all of the data for the period of record shall be used, with a value of <100 micromhos/cm used to estimate the 20 mg/L CaCO3 alkalinity concentration until such time that alkalinity data are available. Long-term geometric mean specific conductance shall be based on a minimum of ten data points over at least three years with at least one data point in each year.

2. No change.

(c) No change.

(3) Except for data used to establish historical chlorophyll a levels, chlorophyll a data assessed under this chapter shall be measured according to the DEP document titled “Applicability of Chlorophyll a Methods” (DEP-SAS-002/10), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06043), which is incorporated by reference herein. Copies of the chlorophyll a document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. Chlorophyll a data collected after [7-3-12] shall be corrected for or free from the interference of pheophytin phaeophytin.

(4) through (9) No change.

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.067, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 7-3-12, Amended   -  -  .

 

Editorial Note: Rule 62-302.531 will become effective upon approval by EPA in its entirety, conclusion of rulemaking by EPA to repeal its federal numeric nutrient criterion for Florida, and EPA’s determination that Florida’s rules address its January 2009 determination that numeric nutrient criteria are needed in Florida.

 

62-302.532 Estuary-Specific Numeric Interpretations of the Narrative Nutrient Criterion.

(1) Estuary-specific numeric interpretations of the narrative nutrient criterion in paragraph 62-302.530(47)(b), F.A.C., are in the table below. The concentration-based estuary interpretations are open water, area-wide averages. Numeric values listed below for nutrient and nutrient response values do not apply to wetlands or to tidal tributaries that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions unless specifically provided by name below. The interpretations expressed as load per million cubic meters of freshwater inflow are the total load of that nutrient to the estuary divided by the total volume of freshwater inflow to that estuary. The numeric values listed below will be superseded if, pursuant to subsection 62-302.531(2), F.A.C., a more recent numeric interpretation of the narrative nutrient criterion in paragraph 62-302.530(47)(b), F.A.C., such as a Level II Water Quality Based Effluent Limitation (WQBEL), Site Specific Alternative Criterion (SSAC), Total Maximum Daily Load (TMDL), or Reasonable Assurance Demonstration, is established by the Department.

 

Estuary	Total Phosphorus	Total Nitrogen		Chlorophyll a
(a) through (b)  No change.
(c) Sarasota Bay	Criteria expressed as annual geometric mean (AGM) values for nutrients and annual arithmetic means for chlorophyll a are not to be exceeded more than once in a three year period. Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.
1. No change.
2. Sarasota Bay (Total Phosphorus and Chlorophyll a)	0.19 mg/L as AGM		See paragraph 62-302.532(1)(3)(i), F.A.C.		6.1 µg/L as annual mean
3. through 5.  No change.
(d) through (h)  No change.
(i) Sarasota Bay	For TN, the annual geometric mean target is calculated from monthly arithmetic mean color by region and season. Annual geometric means that shall not be exceeded more than once in a three year period. The Sarasota Bay regions are defined as north (Manatee County) and south (Sarasota County). The wet season for Sarasota Bay is defined as July through October and the dry season is defined as all other months of the year. The seasonal region targets are calculated using monthly color data and shall be calculated as follows:   NWi=Ln[(13.35-(0.32*CNi))/3.58] NDi=Ln[(10.39-(0.32*CNi))/3.58] SWi=Ln[(8.51-(0.32*CSi,)/3.58] SDi=Ln[(5.55-(0.32*CSi))/3.58]   Where, NWi is the TN target for ith month calculated for the north region during the wet season NDi is the TN target for ith month calculated for the north region during the dry season SWi is the TN target for ith month calculated for the south region during the wet season SDi is the TN target for ith month calculated for the south region during the dry season CNi is the arithmetic mean color during the ith month within the north region During the wet season, CNi shall be set to 41 PCU if the monthly arithmetic mean color is greater than 41 PCU     During the dry season, CNi shall be set to 32 PCU if the monthly arithmetic mean color is greater than 32 PCU CSi is the arithmetic mean color during the ith month within the south region During the wet season, CSi shall be set to 26 PCU if the monthly arithmetic mean color is greater than 26 PCU During the dry season, CSi shall be set to 16 PCU if the monthly arithmetic mean color is greater than 16 PCU   The annual TN target is calculated as the geometric mean of all monthly regional and season targets as follows:                              Nutrient and nutrient response values do not apply to tidally influenced areas that fluctuate between predominantly marine and predominantly fresh waters during typical climatic and hydrologic conditions.
(j) through (cc)  No change.

 

(2) Criteria for chlorophyll a in open ocean coastal waters, derived from satellite remote sensing techniques, are provided in the table below. In each coastal segment specified in the Map of Florida Coastal Segments, dated May 13, 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03017), which is incorporated by reference herein, the Annual Geometric Mean remotely sensed chlorophyll a value, calculated excluding Karenia brevis blooms (>50,000 cells/L), shall not be exceeded more than once in a three year period. The annual geometric means provided in the table below are based on measurements using the SeaWiFS satellite. Achievement of these criteria shall be assessed only by using satellite remote sensing data that are processed in a manner consistent with the derivation of the criteria. Data selection and preparation shall be consistent with the process described in Section 1.4.3 and Section 1.4.4, pages 14 through 17, in the report titled “Technical Support Document for U.S. EPA’s Proposed Rule for Numeric Nutrient Criteria for Florida’s Estuaries, Coastal Waters, and South Florida Inland Flowing Waters, Volume 2: Coastal Waters,” U.S. Environmental Protection Agency, November 30, 2012 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03018), the specified pages of which are incorporated by reference herein.  If MODIS or MERIS satellite data are used, the data shall be normalized using the standardization factors provided in the table below, consistent with the process described in Section 1.6.3, pages 26 through 33 (http://www.flrules.org/Gateway/reference.asp?No=Ref-03019), in the above referenced EPA document, the specified pages of which are incorporated herein. A copy of the Map of Florida Coastal Segments and the referenced pages from EPA’s document above are available by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

 

Coastal Segment	Annual Geometric Mean Remotely Sensed Chlorophyll a	MODIS Standardization Factor	MERIS Standardization Factor
1 through 74  No change.

 

(3) Estuarine and marine areas for the estuaries listed in subsection 62-302.532(1), F.A.C., are delineated in the maps of the Florida Estuary Nutrient Regions, dated October 2014 and October 2015 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06050 http://www.flrules.org/Gateway/reference.asp?No=Ref-05420), which are incorporated by reference herein. Copies of these maps may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(4) To calculate an annual geometric or arithmetic mean for TN, TP, or chlorophyll a, there shall be at least four temporally-independent samples per year with at least one sample taken between May 1 and September 30 and at least one sample taken during the other months of the calendar year. To be treated as temporally-independent, samples must be taken at least one week apart.

 

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New 7-3-12, Amended 12-20-12, 8-1-13, 8-20-13, 6-7-15,   -  -  .

 

Editorial Note: Paragraphs 62-302.532(1)(a)-(j) became effective on 7-3-12, and paragraphs 62-302.532(1)(k)-(p) became effective on 12-20-12, 20 days after filing the rule certification packages for these numeric nutrient criteria. In accordance with Section 4 of 2013-71, Laws of Florida, and subsection 62-302.531(9), F.A.C., paragraphs 62-302.532(1)(q)-(w), subsections 62-302.532(2) and (4), and the maps delineating these Florida Estuary Nutrient Regions in subsection 62-302.532(3) will become effective upon approval by EPA in their entirety, conclusion of rulemaking by EPA to repeal its federal numeric nutrient criterion for Florida, and EPA’s determination that Florida’s rules address its January 2009 determination that numeric nutrient criteria are needed in Florida.

 

62-302.533 Dissolved Oxygen Criteria for Class I, Class II, Class III, and Class III-Limited Waters. 

(1) Class I, Class III predominantly freshwaters, and Class III-Limited predominantly freshwaters.

(a) No more than 10 percent of the daily average percent dissolved oxygen (DO) saturation values shall be below the following values:

1. through 2. No change.

3. 34 percent in the Northeast and Big Bend bioregions. A map of the bioregions is contained in SCI 1000: Stream Condition Index Methods (DEP-SOP-003/11 SCI 1000), dated March 1, 2014 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06039) (http://www.flrules.org/Gateway/reference.asp?No=Ref-02959), which is incorporated by reference herein. in Rule 62-160.800, F.A.C.

(b) through (d) No change.

(e) The baseline distributions and maps showing the specific areas utilized by the Gulf Sturgeon and the Oval Pigtoe Mussel are provided in Appendix I of the “Technical Support Document for the Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters” (DEP-SAS-001/13), dated March 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02955), which is incorporated by reference herein.  Copies of Appendix I may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(2) through (3) No change.

(4) For predominately marine waters, a decrease in magnitude of up to 10 percent from the natural background condition is allowed if it is demonstrated that sensitive resident aquatic species will not be adversely affected using the procedure described in the DEP document titled Appendix H of the “Technical Support Document for the Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters: Determination of Acceptable Deviation from Natural Background Dissolved Oxygen Levels in Fresh and Marine Waters” (DEP-SAS-001/13), dated March  2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02956), which is incorporated by reference herein.  Copies of Appendix H may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(5) No change.

 

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History–New  8-1-13, Amended   -  -  .

 

62-302.800 Site Specific Alternative Criteria.

(1)  No change.

(2) Type II Site Specific Alternative Criteria: In accordance with the procedures set forth below, affected persons may petition the Department, or the Department may initiate rulemaking, to adopt an alternative water quality criterion for a specific waterbody, or portion thereof, on the basis of site-specific reasons other than those set forth above in subsection 62-302.800(1), F.A.C. The Department shall process any such petition as follows:

(a) through (c)  No change.

(d) The provisions of this subsection do not apply to criteria contained in Rule 62-302.500, F.A.C., or criteria that apply to:

1. Biological Health Integrity (subsection 62-302.530(10), F.A.C.).

2. through 6.  No change.

7. Substances, other than nutrients, in concentrations that result in the dominance of nuisance species (subsection 62-302.200(20) 62-302.530(20), F.A.C.).

8. through 9.  No change.

(e) through (f)  No change.

(3) Type III Site Specific Alternative Criteria (SSAC) for Nutrients: Upon petition by an affected person or upon initiation by the Department, the Department shall establish, by Secretarial Order, site specific numeric nutrient criteria when an affirmative demonstration is made that the proposed criteria achieve the narrative nutrient criteria in paragraph 62-302.530(47)(b), F.A.C., and are protective of downstream waters. Public notice and an opportunity for public hearing shall be provided prior to adopting any order establishing alternative criteria under this subsection.

(a) The Department shall establish a Type III SSAC if all of the following conditions are met:

1. No change.

2. The petitioner provides sufficient data to characterize water quality conditions, including temporal variability, that are representative of the biological data used to support the SSAC. The water quality data shall be collected in the same waterbody segment as the biological monitoring stations and at a frequency and duration consistent with the study design concepts described in the document titled Development of Type III Site Specific Alternative Criteria (SSAC) for Nutrients, (DEP-SAS-004/11), dated October 24, 2011 (http://www.flrules.org/Gateway/reference.asp?No=Ref-06044), which is incorporated by reference herein. Copies of this document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water/wqssp/swq-docs.htm or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. Water quality data associated with extreme climatic conditions, such as floods, droughts, and hurricanes, shall be excluded from the analysis.

3.  No change.

(b) No change.

(4) through (6)  No change.

 

Rulemaking Authority 403.061, 403.062, 403.087, 403.504, 403.704, 403.804, 403.805 FS. Law Implemented 403.021(11), 403.061, 403.087, 403.088, 403.141, 403.161, 403.502 FS. History–Formerly 17-3.05(4), Amended 3-1-79, 10-2-80, 2-1-83, Formerly 17-3.031, Amended 6-17-92, Formerly 17-302.800, Amended 5-15-02, 1-9-06, 6-28-06, 12-7-06, 8-5-07, 8-5-10, 7-3-12, 8-1-13, 10-6-14,   -  -  .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Tom Frick

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Jonathan P. Steverson

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: October 23, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 19, 2015