Definitions, Findings, Intent, and Antidegradation Policy for Surface Water Quality, Classification of Surface Waters, Usage, Reclassification, Classified Waters, Table: Surface Water Quality Criteria

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

NOTICE OF CHANGE

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in the November 4, 2015 issue of the Florida Administrative Register, Volume 41, Number 215, pages 5261 – 5274.  The changes are made in response to written and oral comments from the Joint Administrative Procedures Committee or as the result of staff recommendations that were discussed at an adoption hearing held on December 9, 2015.  Rule 62-302.200, F.A.C., has been revised to provide a link to a referenced document.  Rule 62-302.300, F.A.C., has been clarified to provide an address from which all incorporated documents in the rule could be requested by the public.  Rule 62-302.400, F.A.C., incorporates by reference thirteen maps showing Class II areas.  The maps were revised to provide more clarity and are consequently re-dated.  Rule 62-302.530, F.A.C., was revised to delete a proposed alternative criteria process for total ammonia nitrogen because the documents that were proposed to be incorporated by reference were not sufficiently clear to constitute self-implementing criteria.  Instead, site specific alternative criteria may be established using the methodology under existing Rule 62-302.800, F.A.C., which provides for site specific review.  The proposed rule has changed so that when it is adopted it will read:

62-302.200 Definitions.

As used in this chapter:

(1) through (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) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06267), 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 website above or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(20) through (44) No change.

 

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, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. This document references the following documents, which are incorporated by reference and may be obtained from the address above.

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

1. through 12. No change.

(b) through (g) No change.

 

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

(1) through (15)  No change.

(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 Wwaters in Brevard County, November October 2015,” which are incorporated by reference herein.

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 Wwaters in Citrus County, November October 2015,” which is incorporated by reference herein.

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 Wwaters in Dixie County, November October 2015,” which is incorporated by reference herein.

16. through 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 Wwaters in Franklin County, November October 2015,” which are incorporated by reference herein.

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 Wwaters in Hillsborough County, November October 2015,” which is incorporated by reference herein.  

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 Wwaters in Indian River County, November October 2015,” which are incorporated by reference herein.

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 Wwaters in Levy County, November October 2015,” which is incorporated by reference herein.

39. through 55. No change.

56. St. Lucie County.

Class II

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

57. through 63. No change.

64. Volusia County

Class II

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

65. No change.

66. Walton County.

Class II

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

67. No change.

 

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) through (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.
(4) through (71)  No change.