The following notice has been published to Florida Administrative Weekly today, August 22, 2008. https://www.flrules.org/default.asp
The link to a summary of the FAW notice is https://www.flrules.org/Gateway/View_notice.asp?id=6034872
The FAW notice (as shown below) can be found at: https://www.flrules.org/gateway/RuleNo.asp?id=62-304.410
The current Total Maximum Daily Load (TMDL) Report can be found at: http://www.dep.state.fl.us/water/tmdl/draft_tmdl.htm#Group1
For more information about the TMDL, please contact Jan Mandrup-Poulsen at Jan.Mandrup-Poulsen@dep.state.fl.us
For more information, please contact the Suwannee Basin Coordinator, Terry Hansen at Terry.Hansen@dep.state.fl.us
Notice of Proposed Rule
DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-304.410: Santa Fe Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for nutrients and dissolved oxygen in the Santa Fe River (below river rise) and to adopt Total Maximum Daily Loads (TMDLs), and their allocations, for fecal coliforms (New River), total nitrogen (New River WBIDs 3506 and 3506B), and total phosphorus (New River WBID 3506).
SUMMARY: The Santa Fe TMDL addresses nutrients and dissolved oxygen impairments in the Santa Fe River (below river rise). This waterbody was verified as impaired by nitrate-N and dissolved oxygen (DO) using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. For DO, the nutrient TMDL target, set as a monthly average for nitrate-N, will reduce any pollutant impacts associated with DO. A concentration target was used to develop the nutrient TMDL. The New River TMDLs address fecal coliform and DO impairments in the New River. This waterbody was also verified as impaired by fecal coliforms and dissolved oxygen using the methodology established in Chapter 62-303, F.A.C. For the DO TMDLs, water quality targets were identified for total nitrogen and/or total phosphorus using a bioregion reference nutrient approach. The Kansas approach was used to develop the fecal coliform TMDL.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department has not prepared a Statement of Estimated Regulatory Cost (SERC) for this proposed Rule.
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.
SPECIFIC AUTHORITY: 403.061, 403.067 FS.
LAW IMPLEMENTED: 403.061, 403.062, 403.067 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: September 18, 2008, 9:00 a.m. – 11:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Bob Martinez Center, Tallahassee, Florida
Pursuant to the provisions of the Americans with Disabilities Act, any person requiring special accommodations to participate in this workshop/meeting is asked to advise the agency at least 5 days before the workshop/meeting by contacting: Ms. Pat Waters at (850)245-8449. If you are hearing or speech impaired, please contact the agency using the Florida Relay Service, 1(800)955-8771 (TDD) or 1(800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, Bureau of Watershed Management, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8448
THE FULL TEXT OF THE PROPOSED RULE IS:
62-304.410 Santa Fe Basin TMDLs.
Santa Fe River Planning Unit.
(1) Santa Fe River TMDLs.
(a) Santa Fe River TMDL for nutrient and dissolved oxygen impairments: The Total Maximum Daily Load for nutrients in the Santa Fe River (below river rise) is to achieve a monthly average of 0.35 mg/L nitrate-N, and is allocated as follows:
1. The Wasteload Allocation (WLA) for wastewater sources is not applicable,
2. The WLA for discharges subject to the Department’s National Pollutant Discharge Elimination System (NPDES) Municipal Stormwater Permitting Program are to meet a monthly average in-stream ambient water quality target of 0.35 mg/L nitrate-N. The range of percent reduction necessary to achieve the LA is estimated between 13 and 35 percent depending on the month and location within the basin..Achievement of the TMDL constitutes meeting the water quality target, and
3. The Load Allocations (LA) for nonpoint sources are to meet a monthly average of 0.35 mg/L nitrate-N. The range of percent reduction necessary to achieve the LA is estimated between 13 and 35 percent depending on the month and location within the basin. Achievement of the TMDL constitutes meeting the water quality target, and
4. The Margin of Safety is implicit.
(2) New River TMDLs.
(a) New River TMDL for fecal coliform impairment. The Total Maximum Daily Load for New River 400 counts/100mL for fecal coliform, and is allocated as follows:
1. The WLA for wastewater point sources is not applicable,
2. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,
3. The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 2007 period, will require a 45 percent reduction at sources contributing to exceedances of the criteria, and
4. The Margin of Safety is implicit.
5. While the LA for fecal coliform has been expressed as the percent reductions needed to attain the applicable Class III criteria, it is not the intent of the TMDL to abate natural background conditions.
(b) New River TMDL for dissolved oxygen impairment. The Total Maximum Daily Load for the New River is allocated as follows:
1. The WLA for wastewater point sources is not applicable,
2. The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,
3. The LA for nonpoint sources is to address anthropogenic sources in the basin such that there is a 38 percent reduction of current anthropogenic total nitrogen (TN) loading to the upper portion of the New River, a 13 percent reduction of current anthropogenic total nitrogen (TN) loading to the lower portion of the New River, and a 38 percent reduction of current anthropogenic total phosphorus (TP) loading to the lower portion of the New River, based on measured concentrations from the 1995 to 2006 period.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New .
NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Environmental Assessment and Restoration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael Sole, Secretary, Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 1, 2008
Anita Nash
Environmental Consultant
Watershed Planning and Coordination Section
Watershed Management Program
Office: (850) 245-8545
Fax: (850 245-8434
Florida Department of Environmental Protection
2600 Blair Stone Rd. MS 3565
Bob Martinez Center, Room 659G
Tallahassee, FL 32399-2400
