The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for the Magnolia-Aripeka Springs Group, Jenkins Creek Spring, and the Wilderness-Mud-Salt Springs Group. Furthermore, in accordance with paragraph ...

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-304.645Springs Coast Basin TMDLs

PURPOSE AND EFFECT: The purpose of the rule is to adopt nutrient Total Maximum Daily Loads (TMDLs), and their allocations, for the Magnolia-Aripeka Springs Group, Jenkins Creek Spring, and the Wilderness-Mud-Salt Springs Group. Furthermore, in accordance with paragraph 62-302.531(2)(a), F.A.C., the nutrient TMDLs for these segments will constitute site specific numeric interpretations of the narrative nutrient criterion set forth in paragraph 62-302.530(47)(b), F.A.C., that will supersede the otherwise applicable numeric nutrient criteria in subsection 62-302.531(2), F.A.C., for these particular surface water segments.

SUMMARY: These TMDLs address certain nutrient impairments in the Springs Coast Basin. Specifically, the nutrient TMDL rules being proposed for adoption / revision are nitrate TMDLs for the Magnolia-Aripeka Springs Group, Jenkins Creek Spring, and the Wilderness-Mud-Salt Springs Group. The waterbodies were verified as impaired for nutrients using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. Development of the TMDLs was based on statistical analysis of water quality data with corresponding biological response data. This rulemaking has been given an OGC case number 16-0220.

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 regulatory costs within one year after implementation of the rule, but total long-term costs to attain the TMDL are estimated to be approximately $4 million per year over a 20-year period, some of which will be borne by small businesses in the watershed.

Pursuant to paragraph 403.067(6)(c), Florida Statutes, the proposed rule does 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.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Richard Hicks, Division of Environmental Assessment and Restoration, Ground Water Management Section, Mail Station 3575, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone [phone].

For the 21 day period after this notice, the Department will accept written comments on the establishment of these nutrient TMDLs as a site specific interpretation of the narrative nutrient criterion. Written comments should be directed to Richard Hicks at the address above.

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

62-304.645 Springs Coast Basin TMDLs.

(1) through (25) No change.

(26) Magnolia-Aripeka Springs Group. The nutrient TMDL is an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vents in the Magnolia-Aripeka Springs Group, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable.

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 77 percent reduction of nitrate based on mean concentrations from the 2004 – 2014 period.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 77 percent reduction of nitrate based on mean concentrations from the 2004 – 2014 period.

(d) The Margin of Safety is implicit.

(27) Jenkins Creek Spring. The nutrient TMDL is an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vent of Jenkins Creek Spring, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable.

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 73 percent reduction of nitrate for Jenkins Creek Spring, based on mean concentrations from the 2004 – 2014 period.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 73 percent reduction of nitrate for Jenkins Creek Spring, based on mean concentrations from the 2004 – 2014 period.

(d) The Margin of Safety is implicit.

(28) Wilderness-Mud-Salt Springs Group. The nutrient TMDL is an annual arithmetic mean nitrate concentration of 0.23 mg/L at the spring vents in the Wilderness-Mud-Salt Springs Group, and is allocated as follows:

(a) The WLA for NPDES wastewater sources is not applicable.

(b) The WLA for discharges subject to the Department’s NPDES MS4 permitting program is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 62 percent reduction of nitrate based on mean concentrations from the 2004 – 2014 period.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-spring nitrate concentrations meet the TMDL target, which will require a 62 percent reduction of nitrate based on mean concentrations from the 2004 – 2014 period.

(d) The Margin of Safety is implicit.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 6-3-08, Amended 11-14-12, 6-7-13, 11-25-13, 6-18-14, 6-4-15,                .

 

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

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

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 15, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: April 6, 2015