Summary
The department is proposing revisions to Chapter 62-304, F.A.C., which contains state adopted TMDLs. These revisons primarily entail editorial changes to the rule, which are intended to improve the clarity of the rule. The following changes will add clarity and make the overall rule more concise without changing the underlying TMDLs: (1) Removal of definitions from individual rule sections and moving these definitions to section 62.304.100, F.A.C.; (2) Adding text clarifying that the margin of safety is implicit to section 62.304.100, F.A.C., unless otherwise stated and removing this text from each individual rule section; (3) Adding text stating that TMDLs are not designed to abate natural background conditions to section 62.304.100, F.A.C., and removing this text from individual rule sections; (4) Providing clarifications regarding implementation of aggregated allocations and stormwater reductions; and, (5) Clarifying that the attainment of a TMDL is determined using the same assessment procedures as determining attainment of water quality criteria.
The department also is proposing to remove all total coliform TMDLs from the rule to reflect changes in Florida’s water quality standards. Specifically, the change is being made because 1) the total coliform criteria were withdrawn from Rule 62-302.530, F.A.C., in 2006 because the measure was shown to be an unreliable indicator of human pathogens, and 2) Florida adopted EPA’s fecal indicator water quality criteria for enterococci and E. coli. criteria in 2015. The newer fecal indictor criteria were developed based on the latest scientific research, including studies that showed a stronger link, then the previous criteria, between illness and fecal contamination in recreational waters. This rulemaking has been given an OGC case number 20-1619.