The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Aucilla River Basin, Lower St. Johns River Basin, and Ocklawaha River Basin. Furthermore, in accordance ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-304.406Aucilla River Basin TMDLs

62-304.415Lower St. Johns River Basin TMDLs

62-304.500Ocklawaha 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 in the Aucilla River Basin, Lower St. Johns River Basin, and Ocklawaha River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for Wacissa Springs, Crescent Lake, Lochloosa Lake, Cross Creek, and Lake Roberts will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(90)(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. The nitrate TMDL for the Wacissa River also will constitute a site specific numeric interpretation of the narrative nutrient criterion set forth in paragraph 62-302.530(90)(b), F.A.C., for this water segment that is in addition to the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., for the water segment.

SUMMARY: These TMDLs address certain nutrient impairments in the Aucilla River Basin, Lower St. Johns River Basin, and Ocklawaha River Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for the Wacissa River (WBID 3424) and Wacissa Springs (3424Z), Crescent Lake (2606B), Lochloosa Lake (WBID 2738A), Cross Creek (WBID 2754), and Lake Roberts (2872A). The Wacissa River and Wacissa Springs waterbodies were verified for nutrient impairments by nutrients because elevated concentrations of nitrate contributed to an imbalance of flora caused by algal smothering in the spring run; Lake Roberts and Crescent Lake waterbodies were verified for nutrient impairments based on elevated annual average of Trophic State Index (TSI); Lochloosa Lake and Cross Creek were verified for nutrient impairments due to elevated chlorophyll a concentrations, using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. This rulemaking has been given an OGC case number 16-1492 for rule 62-304.406; 16-1493 for rule 62-304.415 and 16-1491 for rule 62-304.500.

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 $2,507,504 per year for Wacissa River and Wacissa Springs, $3,089,772 per year for Crescent Lake, $1,850,707 per year for Lochloosa Lake and Cross Creek, and $1,571,620 per year for Lake Roberts, 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: April 21, 2017, 2:00 p.m.

PLACE: Bob Martinez Center, 2600 Blair Stone Road, Conference 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: 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:

 

62-304.406 Aucilla River Basin TMDLs.

(1) Wacissa River. The nutrient Total Maximum Daily Load (TMDL) for the Wacissa River is an in-stream monthly arithmetic mean concentration of 0.20 mg/L nitrate, and is allocated as follows:

(a) The wasteload allocation (WLA) for wastewater point 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 39% reduction of nitrate based on average concentrations from the 2005-2015 period,

(c) The Load Allocation (LA) for nonpoint sources is a 39% reduction of nitrate based on average loads from the 2005-2015 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for nitrate 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) Wacissa Springs. The nutrient TMDL for Wacissa Springs is a monthly arithmetic mean of 0.24 mg/L nitrate at the spring vent, 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 38% reduction of nitrate based on average concentrations from the 2005-2015 period,

(c) The Load Allocation (LA) for nonpoint sources is a 38% reduction of nitrate based on average loads from the 2005-2015 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA for nitrate 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.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New _____.

 

62-304.415 Lower St. Johns River Basin TMDLs.

(1) through (50) No change.

(51) Crescent Lake. The nutrient TMDL for Crescent Lake is a seven-year average of annual loads of 462,059 kilograms per year (kg/year) TN and 26,289 kg/year TP, which are intended to achieve annual geometric mean chlorophyll a concentration of 15 µg/L not to be exceeded more than one in any three-calendar year period, and is allocated as follows:

(a) The WLA for the City of Bunnell Wastewater Treatment Facility is 5,761 kg/year for TN and 318 kg/year for TP. The WLA for Crescent City Wastewater Treatment Facility is that it must meet the facility’s NPDES permit conditions.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Separate Storm Sewer System (MS4) Permitting Program is a 34% reduction of TN and a 58% reduction of TP based on average concentrations from the 2000-2013 period,

(c) The Load Allocation (LA) for nonpoint sources is a 34% reduction of TN and a 58% reduction of TP based on average loads from the 2000-2013 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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. However, it is not the intent of this TMDL to abate natural background conditions

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, Amended 5-15-06, 6-3-08, 7-27-09, 11-2-09, 7-21-10, ________.

 

62-304.500 Ocklawaha River Basin TMDLs.

(1) through (23) No change.

(24) Lochloosa Lake. The nutrient TMDL for Lochloosa Lake is a seven-year average of annual loads of 78,163 kg/year TN and 4,505 kg/year TP, which are intended to achieve a seven-year average of annual geometric mean chlorophyll a concentration of 38 µg/L, 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 not applicable,

(c) The Load Allocation (LA) for nonpoint sources is a 59% reduction of TN and a 41% reduction of TP based on average loads from the 2004-2010 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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. However, it is not the intent of this TMDL to abate natural background conditions.

(25) Cross Creek. The nutrient TMDL for Cross Creek is a seven-year average of annual loads of 32,514 kg/year TN and 1,601 kg/year TP, which are intended to achieve a seven-year average, annual geometric mean chlorophyll a concentration of 38 µg/L, 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 not applicable,

(c) The Load Allocation (LA) for nonpoint sources is a 43% reduction of TN and a 31% reduction of TP based on average loads from the 2004-2010 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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. However, it is not the intent of this TMDL to abate natural background conditions.

(26) Lake Roberts. The nutrient TMDL for Lake Roberts is a seven-year average of annual loads of 1,655 kg/year TN and 100 kg/year TP, which are intended to achieve the applicable annual geometric mean chlorophyll a criterion for high 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 16% reduction of TN and a 28% reduction of TP based on average concentrations from the 2000-2012 period,

(c) The LA for nonpoint sources is a 16% reduction of TN and a 28% reduction of TP based on average loads from the 20000-2012 period, and

(d) The Margin of Safety is implicit.

(e) While the LA and WLA 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. However, it is not the intent of this TMDL to abate natural background conditions.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History– New 8-14-03, Amended 12-3-03, 5-25-04, 6-12-06, 2-5-13,                .

 

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

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Ryan E. Matthews, Esq., Interim Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: February 10, 2017

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 6, 2015 and June 13, 2016