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

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NOS.:RULE TITLES:

62-304.505Middle St. Johns River Basin TMDLs

62-304.515Kissimmee River Basin TMDLs

PURPOSE AND EFFECT: The purpose of these rules is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for certain waters impaired for nutrients in the Middle St. Johns River Basin and Kissimmee River Basin. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDL for Louise Lake, Lake Wales, Lake Pierce, and Lake Marion 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, and Kissimmee River Basin. Specifically, the nutrient TMDL rules being proposed for adoption are for Louise Lake (WBID 2902), Lake Wales (WBID 1619A), Lake Pierce (WBID 1532A), and Lake Marion (WBID 1480). These waterbodies were verified for nutrients impairment using the methodology established in Chapter 62-303, F.A.C. This rulemaking has been given OGC case numbers 20-1055 for Lake Wales, Lake Pierce, and Lake Marion; and 21-0419 for Louise Lake.

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 SERCs estimate that there be total costs after implementation of the rules of $332,297 per year for Louise Lake; $3,192,900 per year for Lake Wales; $3,575,079 per year for Lake Pierce; and, $1,767,663 per year for Lake Marion. The majority of these costs are expected to be borne by governmental and agricultural 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: September 28, 2021, 1:00 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: Ansel Bubel, [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: Ansel Bubel, [phone].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.505 Middle St. Johns River Basin TMDLs.

(1) through (26)  No change.

(27) Louise Lake (Lower Segment). The nutrient TMDLs for Louise Lake (Lower Segment) are seven-year averages of annual loads of 6,034 lbs/year TN and 347 lbs/year TP, which are intended to achieve the applicable chlorophyll a criterion for low color low alkalinity lakes, and are 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 TN (calculated from 9,732 lbs/year) and a 37% reduction of TP (calculated from 552 lbs/year), based on the highest seven-year average of annual loads from the 2010 – 2019 period; and,

(c) The LA for nonpoint sources is a 38% reduction of TN (calculated from 9,732 lbs/year) and a 37% reduction of TP (calculated from 552 lbs/year), based on the highest seven-year average of annual loads from the 2010 – 2019 period.

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, 1-30-20, 5-9-21, _____.

 

62-304.515 Kissimmee River Basin TMDLs

(1) through (11)  No change.

(12) Lake Wales. The nutrient TMDLs for Lake Wales are an AGM concentration of 0.98 mg/L of TN and a concentration of 0.03 mg/L of TP, which are intended to achieve the applicable chlorophyll a criterion for low color and high alkalinity lakes, and are 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 40 % reduction in TN (calculated from 1.64 mg/L) and a 0 % reduction in TP (calculated from 0.03 mg/L), based on the highest AGM concentrations from the 2005 – 2016 period; and

(c) The LA for nonpoint sources is a 40 % reduction in TN (calculated from 1.64 mg/L) and a 0 % reduction in TP (calculated from 0.03 mg/L), based on the highest AGM concentrations from the 2005 – 2016 period.

(13) Lake Pierce. The nutrient TMDLs for Lake Pierce are seven-year averages of annual loads of 35,840 kg/year of TN and 1,398 kg/year of TP, which are intended to achieve an AGM chlorophyll a concentration of 20 µg/L, and are 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 88 % reduction of TN (calculated from 300,627 kg/year) and a 76 % reduction of TP (calculated from 35,840 kg/year), based on the highest seven-year average of annual loads from the 2007 – 2016 period; and

(c) The LA for nonpoint sources is an 88 % reduction of TN (calculated from 300,627 kg/year) and a 76 % reduction of TP (calculated from 35,840 kg per year), based on the highest seven-year average of annual loads from the 2007 – 2016 period.

(14) Lake Marion. The nutrient TMDLs for Lake Marion are seven-year averages of annual loads of 34,031 kg/year of TN and 1,252 kg/year of 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 84 % reduction of TN (calculated from 207,949 kg/year) and a 74 % reduction of TP (calculated from 4,766 kg/year), based on the highest seven-year average of annual loads from the 2007 – 2016 period; and

(c) The LA for nonpoint sources is a 84 % reduction of TN (calculated from 207,949 kg/year) and a 74 % reduction of TP (calculated from 4,766 kg/year), based on the highest seven-year average of annual loads from the 2007 – 2016 period.

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, 1-30-20, 5-9-21, ______.

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Julie Espy, Director, Division of Environmental Assessment and Restoration

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Shawn Hamilton, Interim Secretary

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 08, 2021

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