Definitions, Exceedances of Aquatic Life-Based Water Quality Criteria, Biological Assessment, Assessments of Numeric Interpretation of Narrative Nutrient Criteria, Nutrients in Estuaries and Open Coastal Waters, The Study List, Biological Impairment

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.: RULE TITLE:

62-303.200 Definitions

62-303.320 Exceedances of Aquatic Life-Based Water Quality Criteria

62-303.330 Biological Assessment

62-303.350 Assessments of Numeric Interpretation of Narrative Nutrient Criteria

62-303.353 Nutrients in Estuaries and Open Coastal Waters

62-303.390 The Study List

62-303.430 Biological Impairment

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 Vol. 41 No. 215, November 4, 2015 issue of the Florida Administrative Register.

The changes are made in response to written and oral comments from the Joint Administrative Procedures Committee, submission of an amendment by the Florida Water Environment Association Utility Council, or as the result of staff recommendations that were discussed at an adoption hearing held on December 9, 2015.  Several rule references in Rules 62-303.200 and 62-303.320, F.A.C., were revised to have greater specificity and a map date was provided for a map incorporated by reference.  Rule 62-303.330, F.A.C., was revised to clarify how bioassessment scores collected at different locations within a water segment are assessed.  Rule 62-303.350, F.A.C., was revised to provide a missing web link for a form incorporated by reference.  Rule 62-303.353, F.A.C., was revised to delete specific mention of tidal creeks.  Rule 62-303.390, F.A.C., was revised to make the rule provision open to all water quality parameters addressed in Rule 62-303.420, F.A.C.  Rule 62-303.430, F.A.C., was revised to address how Biological Health Assessment scores are averaged.  The proposed rule has changed so that when it is adopted it will read:

 

62-303.200 Definitions.

As used in this chapter:

(1) No change.

(2) “Biological Reconnaissance (BioRecon)” shall mean a biological assessment that measures stream health in predominantly fresh waters using benthic macroinvertebrates, performed and calculated using the Standard Operating Procedures (SOP) for the Biological Reconnaissance as described in subparagraph Rule 62-160.800(1)(c)1., F.A.C. 

(3) through (8) No change.

(9) “Lake Vegetation Index (LVI)” shall mean a Biological Health Assessment that measures biological health in predominantly freshwater lakes using aquatic and wetland plants, performed and calculated using the Standard Operating Procedures for the LVI as described in subparagraph Rule 62-160.800(1)(c)2., F.A.C.

(10) through (12) No change.

(13) “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 by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(14) through (27) No change.

(28) “Stream Condition Index (SCI)” shall mean a Biological Health Assessment that measures stream biological health in predominantly fresh waters using benthic macroinvertebrates, performed and calculated using the Standard Operating Procedures for the SCI as described in subparagraph Rule 62-160.800(1)(c)3., F.A.C.  For water quality standards purposes, the Stream Condition Index shall not apply in the South Florida Nutrient Watershed Region. 

(29) through (36) No change.

 

62-303.320 Aquatic Life-Based Water Quality Criteria Assessment.

(1) through (11) No change.

(12) Surface water data with values below the applicable practical quantification limit (PQL) or method detection limit (MDL) shall be assessed in accordance with paragraphs 62-4.246(6)(b) and (c) and subsection 62-303.320(8), F.A.C.  Results reported by a laboratory with the “U” data qualifier code according to paragraphs rule 62-160.340(3)(b) and (c), F.A.C., shall be assessed as half the reported result or half the criterion, whichever is lower.

(a) through (b) No change.

(13) through (15) No change.

 

62-303.330 Biological Assessment.

(1) through (4) No change.

(5) To qualify as temporally independent samples, each Biological Health Assessment shall be conducted at least three months apart. Biological Health Assessments conducted within 200 meters in a stream or within the same lake collected at the same location less than three months apart shall be considered one sample, with the mean value used to represent the sampling period.  Biological Health Assessments conducted at locations greater than 200 meters apart in a stream shall be assessed as independent scores regardless of temporal separation of samples.

(6) No change.

 

62-303.350 Assessments of Numeric Interpretations of Narrative Nutrient Criterion Criteria.

(1) through (5) No change.

(6) To be assessed under this chapter, except for data used to establish historical chlorophyll a levels, chlorophyll a data shall be determined using Department-approved methods as 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-02914), incorporated by reference herein, unless an alternative method is specifically approved by the Department under Chapter 62-160, F.A.C. Copies of the chlorophyll a document may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. Chlorophyll a data shall be corrected for or free from the interference of pheophytin.

 

62-303.353 Nutrients in Estuaries and Open Coastal Waters.

Estuaries, estuary segments, or open coastal waters shall be included on the Planning List for nutrients if:

(1) No change.

(2) For estuaries, including tidal creeks, without a numeric interpretation of the narrative nutrient criterion, their annual geometric mean chlorophyll a for any year is greater than 11 ug/l,

(3) through (5) No change.

 

62-303.390 The Study List.

(1) The Study List contains waters where additional information or Department review is needed before the water is placed on the Verified List for TMDL development but available evidence indicates there is a clear adverse trend in nutrients or nutrient response variables with a reasonable expectation that the water will become impaired within 10 years, or evidence indicates nonattainment of water quality standards or stream nutrient thresholds.  Causes of nonattainment can include excess pollutant loading or concentrations, habitat or hydrologic alterations, or natural conditions. Waters that do not attain water quality standards due to natural conditions pursuant to Rule 62-303.420, F.A.C., shall not be added to the Study List.  To conform to the expectations of Section 303(d) of the Federal Clean Water Act and federal regulations at 40 C.F.R. 130.7(b), waters and associated parameters identified in the Study List will be submitted to EPA as water quality limited segments. However, pursuant to paragraph 403.067(2)(a), F.S., the Study List cannot be used in the administration or implementation of any regulatory program. A TMDL shall not be established for a waterbody placed on the Study List pursuant to subsection 62-303.390(2), F.A.C., until such time as it is placed on the Verified List pursuant to Part IV of this chapter.

(2) through (10) No change.

 

62-303.430 Biological Impairment.

(1) No change.

(2) If the water met the requirements for placement on the Planning List based on Biological Health Assessment results, the water shall be determined to be biologically impaired if any of the following conditions occur, given a minimum sample size of two temporally independent bioassessments:

(a) The average score of all the temporally independent SCIs is below 40, or either of the two most recent temporally independent SCI scores is less than 35. If there are only two SCIs and the difference between the two scores is greater than 20 points, then an additional SCI shall be required and the average of all three scores shall be used.

(b) through (e) No change.

(3) through (6) No change.