![]() |
Florida Administrative Code (Last Updated: June 12, 2024) |
![]() |
62. Department of Environmental Protection |
![]() |
D62. Departmental |
![]() |
62-303. Identification Of Impaired Surface Waters |
1(1) Water segments shall be placed on the Planning List if, using objective and credible data, as defined by the requirements specified in this section, the number of samples that do not meet an applicable water quality criterion due to pollutant discharges is greater than or equal to the number listed in Table 1 for the given sample size. For sample sizes up to 500, waters are placed on the Planning List when 10 percent or more of the samples do not meet the applicable criteria with a minimum of an 80 percent confidence level using a binomial distribution. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed to list the waterbody with an 80 percent confidence level for the given sample size using the binomial distribution.
140Table 1: Planning List
144Minimum number of samples not meeting an applicable water quality criterion needed to put a water
160on the Planning List with at least 80% confidence.
169Sample sizes
171Are listed if they have at least this # of samples that do not meet a criterion
188Sample sizes
190Are listed if they have at least this # of samples that do not meet a criterion
207From
208To
209From
210To
21110
21215
2133
214256
215264
21631
21716
21823
2194
220265
221273
22232
22324
22431
2255
226274
227282
22833
22932
23039
2316
232283
233292
23434
23540
23647
2377
238293
239301
24035
24148
24256
2438
244302
245310
24636
24757
24865
2499
250311
251320
25237
25366
25473
25510
256321
257329
25838
25974
26082
26111
262330
263338
26439
26583
26691
26712
268339
269348
27040
27192
272100
27313
274349
275357
27641
277101
278109
27914
280358
281367
28242
283110
284118
28515
286368
287376
28843
289119
290126
29116
292377
293385
29444
295127
296136
29717
298386
299395
30045
301137
302145
30318
304396
305404
30646
307146
308154
30919
310405
311414
31247
313155
314163
31520
316415
317423
31848
319164
320172
32121
322424
323432
32449
325173
326181
32722
328433
329442
33050
331182
332190
33323
334443
335451
33651
337191
338199
33924
340452
341461
34252
343200
344208
34525
346462
347470
34853
349209
350218
35126
352471
353480
35454
355219
356227
35727
358481
359489
36055
361228
362236
36328
364490
365499
36656
367237
368245
36929
370500
371500
37257
373246
374255
37530
376(2) The Department’s Florida Storage and Retrieval (FLASTORET) database, or its successors, shall be the primary source of data used for determining whether samples do not meet water quality criteria. As required by subsection 41062-40.540(3), 411F.A.C., the Department, other state agencies, the Water Management Districts, and local governments collecting surface water quality data in Florida shall enter the data into FLASTORET, or its successors, within one year of collection. Other sampling entities that want to ensure their data will be considered for evaluation should ensure their data are entered into FLASTORET, or its successors. The Department shall consider data submitted to the Department from other sources and databases if the data meet the sufficiency and data quality requirements of this section.
497(3) Unless information presented to the Department demonstrates otherwise, data older than ten years are not representative of current conditions and shall not be used to develop Planning Lists except to evaluate historical trends. Any determinations by the Department to use data older than 10 years shall be documented, and the documentation shall include the basis for the decision that the data are representative of current conditions. Further, more recent data shall take precedence over older data if:
575(a) The newer data indicate a change in water quality and this change is related to changes in anthropogenic pollutant loading to the watershed or improved pollution control mechanisms in the watershed contributing to the assessed area, or
613(b) The Department determines that the older data do not meet the data quality requirements of this section or are no longer representative of the water quality of the segment. The Department shall note for the record that the older data were excluded and provide details about why the older data were excluded.
666(4) To place a water segment on the Planning List using Table 1, a water segment shall have a minimum of ten samples for the ten-year period, with at least five temporally independent samples. To be treated as a temporally independent sample, samples shall be at least one week apart, regardless of whether the samples are collected at different locations within the segment.
729(a) For parameters other than dissolved oxygen (DO), samples collected at the same location less than four days apart shall be considered as one sample, with the median value used to represent the sampling period. However, if individual values exceed acutely toxic levels as listed in Table 2, then the worst-case value shall be used to represent the sampling period. The worst-case value is both the minimum and maximum for pH, or the maximum value for other parameters.
807(b) 808For lakes, the daily average DO level shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location and on the same day. For all other fresh waters, the daily average freshwater DO level shall be calculated as the average of all measurements collected in the water column at the same location and on the same day. If any 878individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily averages.
902(c) The daily average freshwater DO criteria shall be assessed preferentially using daily average values calculated from full days of diel monitoring data. A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour. If diel monitoring data are not available, instantaneous samples may be used to assess the DO criterion by comparing the instantaneous value with a time-of-day-specific translation of the daily average criterion. To determine the time-of-day-specific translation of the daily average criterion, the time (T) at which the DO sample was taken (in minutes past midnight) is entered into the appropriate equation below for the applicable region and waterbody type. The actual DO measurement collected at a given time is assessed against the calculated time-of-day-specific translation for that time, and if the instantaneous DO is greater than or equal to the calculated value, the daily average DO criterion is achieved.
1059Region1060Equations for Time-of-Day-Specific Translation of the Daily Average DO Criterion
1070Streams
1071Northeast + Big Bend10751.1844 x 101078-13 1079• T10815 1082– 4.1432 x 101086-10 1087• T10894 1090+ 4.7729 x 101094-7 1095• T10973 1098– 1.9692 x 101102-41103• T11052 1106+ 0.02314 • T + 31.24
1112Peninsula + Everglades11151.9888 x 101118-13 1119• T11215 1122– 6.8941 x 101126-10 1127• T11294 1130+ 7.8373 x 101134-7 1135• T11373 1138– 3.1598 x 101142-41143• T11452 1146+ 0.03551 • T + 33.43
1152Panhandle West11549.0851 x 101157-14 1158• T11605 1161– 2.9941 x 101165-10 1166• T11684 1169+ 3.1560 x 101173-7 1174• T11763 1177– 1.0851 x 101181-41182• T11842 1185+ 0.006285 • T + 65.61
1191Lakes
1192Northeast + Big Bend11961.4578 x 101199-13 1200• T12025 1203– 5.5607 x 101207-10 1208• T12104 1211+ 7.0683 x 101215-7 1216• T12183 1219– 3.1879 x 101223-41224• T12262 1227+ 0.02817 • T + 34.19
1233Peninsula + Everglades12361.3709 x 101239-13 1240• T12425 1243– 5.0496 x 101247-10 1248• T12504 1251+ 6.1352 x 101255-7 1256• T12583 1259- 2.5817 x 101263-41264• T12662 1267+ 0.01960 • T + 37.14
1273Panhandle West12757.1190 x 101278-14 1279• T12815 1282– 2.6420 x 101286-10 1287• T12894 1290+ 3.2247 x 101294-7 1295• T12973 1298– 1.3607 x 101302-41303• T13052 1306+ 0.01071 • T + 66.35
1312(d) If multiple instantaneous DO samples are available in a day, the time-of-day-specific translation of the daily average criterion will be calculated for each individual sample. Achievement of the daily average DO criteria will be assessed by comparing the average of the actual DO measurements collected at each time against the average of the calculated time-of-day-specific translations for each time. If the average of the measured DO values is greater than or equal to the average of the time-of-day-specific translations of the criteria, the daily average DO criterion is achieved. An average of multiple daily values calculated in this manner will be considered as a single sample for assessment purposes.
1422(e) Samples collected within 200 meters of each other will be considered the same station or location, unless there is a tributary, an outfall, or significant change in the hydrography of the water.
1455(f) Samples collected from different stations within a water segment shall be assessed as separate samples even if collected at the same time.
1478(g) In making the determination to list water segments, the Department shall consider ambient background conditions, including seasonal and other natural variations.
1500Table 2. Acutely Toxic Levels for Parameters with Aquatic Life-Based Criteria
1511Parameter
1512Units
1513Freshwater Value
1515Marine Value
1517Aldrin
1518ug/L
15193
15201.3
1521Aluminum
1522ug/L
1523750
1524N/A
1525Arsenic
1526ug/L
1527340
152869
1529Cadmium
1530ug/L
1531exp((1.0166*(lnH))-3.924)
153240
1533Carbaryl
1534ug/L
15352.1
15361.6
1537Chlordane
1538ug/L
15392.4
15400.09
1541Chlorine
1542ug/L
154319
154413
1545Chlorpyrifos
1546ug/L
15470.083
15480.011
1549Chromium III
1551ug/L
1552exp((0.8190(lnH))+3.7256)
1553N/A
1554Chromium VI
1556ug/L
155716
15581100
1559Copper
1560ug/L
1561exp((0.9422*(lnH))-1.700)
15625.8
1563Cyanide
1564ug/L
156522
15661
1567DDT
1568ug/L
15691.1
15700.13
1571Diazinon
1572ug/L
15730.17
15740.82
1575Dieldrin
1576ug/L
15770.24
15780.71
1579Endosulfan
1580ug/L
15810.22
15820.034
1583Endrin
1584ug/L
15850.086
15860.037
1587Heptachlor
1588ug/L
15890.52
15900.053
1591Lead
1592ug/L
1593exp((1.273(lnH))-1.460)
1594221
1595Lindane
1596ug/L
15970.95
15980.16
1599Nickel
1600ug/L
1601exp((0.8460(lnH))+2.255)
160275
1603Nonylphenol
1604ug/L
160528
16067
1607Pentachlorophenol
1608ug/L
1609exp(1.005(pH)-4.869)
161013
1611Selenium
1612ug/L
1613N/A
1614290
1615Silver
1616ug/L
1617exp((1.72(lnH))-6.59)
16182.2
1619Toxaphene
1620ug/L
16210.73
16220.21
1623Zinc
1624ug/L
1625exp((0.8473(lnH))+0.884)
162695
1627(5) 1628For assessment of the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, waters will be listed on the Planning List when more than 50 percent of the measurements are below the applicable median or more than 10 percent of the daily average values are below the applicable 10th percentile value at a minimum of a 80 percent confidence level using the binomial distribution. The applicable median and 10th percentile values are specified by river segment in Appendix I of the “1733Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters1751” (DEP-SAS-001/13), dated March, 2013 (1757http://www.flrules.org/Gateway/reference.asp?No=Ref-029611759), which is incorporated by reference herein. Copies of Appendix I may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.
1791(6) For predominantly marine waters, the Department shall evaluate the daily average DO criterion using Table 1 set forth in subsection 181262-303.320(1), 1813F.A.C., above, and shall also evaluate whether the 7-day and 30-day average criteria have been achieved during the planning period. A water segment shall be placed on the Planning List for potential DO impairment if the number of samples that do not meet the daily average DO criterion is greater than or equal to the number listed in Table 1 for the given sample size, or if it has a weekly average value below the 7-day average DO criterion or a monthly average value below the 30-day DO criterion in the planning period.
1906(a) 1907If any individual DO measurement is greater than 100 percent saturation, 100 1919percent shall be substituted 1923for that value for the purpose of calculating daily, weekly and monthly averag1936es.
1937(b) Where DO values are collected at multiple depths at a given station and time, the average of the values shall be used to represent the measurements unless any of the individual DO values are less than 2 mg/l, in which case the lower 251982th 1983percentile of the measured values shall be used.
1991(c) 1992For assessment purposes, the 7-day average DO percent saturation shall be calculated as a weekly average using a minimum of three full days of diel data collected 2019within a week, 2022or a minimum of ten grab samples collected over at least three days within a week, with each sample measured at least four hours apart.
2047(d) For assessment purposes, the 30-day average DO percent saturation shall be calculated as a monthly average using a minimum of three full days of diel data, with each diel sampling conducted in different weeks of the month, or grab samples collected from a minimum of ten different days of the month.
2099(e) A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.
2125(7) Notwithstanding the requirements of subsection (4), water segments shall be included on the Planning List if:
2142(a) There are less than ten samples for the segment, but there are three or more temporally independent samples that do not meet an applicable water quality criterion, or
2171(b) More than one sample do not meet an acute toxicity-based water quality criterion listed in subsection 218862-302.500(1), 2189F.A.C., or a water quality criterion for a synthetic organic compound or synthetic pesticide in any three year period.
2208(8) Values that exceed possible physical or chemical measurement constraints (pH greater than 14, for example) or that represent data transcription errors shall be excluded from the assessment. Outliers identified through statistical procedures shall be evaluated to determine whether they represent valid measures of water quality. If the Department determines that they are not valid, they shall be excluded from the assessment. However, the Department shall note for the record that the data were excluded and explain why they were excluded.
2289(9) The Department shall consider all readily available water quality data collected and analyzed in accordance with Chapter 62-160, F.A.C. If requested, the sampling agency must provide to the Department all of the data quality assessment elements listed in Table 2 of the Department’s Guidance Document “Data Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001) (2351http://www.flrules.org/Gateway/reference.asp?No=Ref-060342353), 2354which is incorporated by reference herein. 2360Copies of the document may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.
2385(10) For the assessment of metals criteria,
2392(a) Surface water data for mercury shall be collected and analyzed using clean sampling and analytical techniques, and
2410(b) The corresponding hardness value shall be required for freshwater metals criteria that are hardness dependent. If the ambient hardness value is less than 25 mg/L as CaCO24383, 2439then a hardness value of 25 will be used to calculate the criteria. If data are not used due to sampling or analytical techniques or because hardness data were not available, the Department shall note for the record that data were excluded and explain why they were excluded.
2487(11) 2488For the assessment of the DO criteria, any DO data collected as a concentration in mg/l shall be converted to percent saturation using the temperature and salinity measured at the same location within fifteen minutes of the DO measurement. Percent DO saturation shall be calculated using the method in Section 5.4 of 2540the 2541“2542Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida’s Fresh and Marine Waters,2560” (DEP-SAS-001/13), dated March, 2013 (2566http://www.flrules.org/Gateway/reference.asp?No=Ref-029582568), which is incorporated by reference herein. Copies of Section 5.4 may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-24002600.
2601(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 262662-4.246(6)(b) 2627and (c) and subsection 263162-303.320(8), 2632F.A.C. Results reported by a laboratory with the “U” data qualifier code according to paragraphs 264762-160.340(3)(b) 2648and (c), F.A.C., shall be assessed as half the reported result or half the criterion, whichever is lower.
2666(a) If sampling entities want to ensure that their data will be considered for evaluation, they should review the Department’s list of approved MDLs and PQLs developed pursuant to Rule 269662-4.246, 2697F.A.C., and, if available, use approved analytical methods with MDLs below the applicable water quality criteria. If there are no approved methods with MDLs below a criterion, then the method with the lowest MDL should be used. Analytical results listed as below detection or below the MDL shall not be used for developing Planning Lists if the MDL was above the criteria and there were, at the time of sample collection, approved analytical methods with MDLs below the criteria on the Department’s list of approved MDLs and PQLs.
2785(b) If appropriate analytical methods were used, then data with values below the applicable MDL will be deemed to meet the applicable water quality criterion and data with values between the MDL and PQL will be deemed to be equal to the MDL.
2828(13) It should be noted that the data requirements of this rule constitute the minimum data set needed to assess a water segment for impairment. Agencies or groups designing monitoring networks are encouraged to consult with the Department to determine the sample design appropriate for their specific monitoring goals.
2877(14) 2878A water segment shall be placed on the Planning List for DO impairment if there has been a statistically significant decreasing trend in DO levels or increasing trend in the range of daily DO fluctuations over the planning period at the 90 percent confidence level using a one-sided Seasonal Kendall test for trend, as described in Helsel, D.R. and R.M. Hirsch, 2002, Statistical Methods in Water Resources, USGS, pages 338 through 340 (2951http://www.flrules.org/Gateway/reference.asp?No=Ref-029622953), which are incorporated by reference herein, 2960after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods, and except as provided for under 2990Rules 299162-302.300 2992and 299362-4.242, 2994F.A.C. A copy of pages 338 through 340 may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.
3023(15) 3024For assessment 3026of the 30-day average total ammonia criterion, 3033the monthly average total ammonia shall be calculated for a station using a minimum of four samples collected within the month. A water segment shall be placed on the Planning List for potential total ammonia impairment if a station within the segment has a monthly average value above the 30-day average criterion in the planning period.
3089Rulemaking Authority 3091403.061, 3092403.067 FS. 3094Law Implemented 3096403.062, 3097403.067 FS. 3099History–New 6-10-02, Amended 12-11-06, 8-1-13, 2-17-16.