10600080, 62-303.150 - Florida Administrative Rules, Law, Code, Register

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Notice: 10600080

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

IDENTIFICATION OF IMPAIRED SURFACE WATERS

Overview

RULE:

62-303.150	Relationship Among Planning, Study and Verified Lists
62-303.200	Definitions
62-303.310	Evaluation of Aquatic Life Use Support
62-303.330	Biological Assessment
62-303.350	Assessments of Numeric Interpretation of Narrative Nutrient Criteria
62-303.351	Nutrients in Freshwater Streams
62-303.352	Nutrients in Freshwater Lakes
62-303.353	Nutrients in Estuaries and Open Coastal Waters
62-303.354	Nitrate-nitrite in Freshwater Spring Vents
62-303.390	The Study List
62-303.420	Aquatic Life-Based Water Quality Criteria Assessment
62-303.430	Biological Impairment
62-303.450	Assessments of Numeric Interpretation of Narrative Nutrient Criteria
62-303.710	Format of Verified List and Verified List Approval
62-303.720	Delisting Procedure

PURPOSE:

The proposed rule revisions, which are water quality standards, provide for the assessment of the numeric interpretations of the narrative surface water quality criterion for nutrients that are proposed for adoption in Chapter 62-302, F.A.C. The numeric interpretations are applied as spatial averages, depending on waterbody type, consistent with their derivations.

SUMMARY:

The Department is amending Chapter 62-303, F.A.C., to revise impairment thresholds and establish assessment methodologies for numeric interpretations of the narrative surface water criterion for nutrients in paragraph 62-302.530(47)(b), F.A.C. The proposed rule revisions also establish a new list type (Study List).
OTHER RULES INCORPORATING THIS RULE: Chapter 62-303 and Rules 62-303.100, 62-303.150, 62-303.200, 62-303.310, 62-303.330, 62-303.350, 62-303.351, 62-303.352. 62-303.353, 62-303.354, 62-303.390, 62-303.420, 62-303.430, 62-303.450, 62-303.710, 62-303.720, F.A.C., are referenced by the following rules: Rules 62-302.530, 62-303.100, 62-303.150, 62-303.200, 62-303.300, 62-303.310, 62-303.320, 62-303.330, 62-303.350, 62-303.351, 62-303.352, 62-303.353, 62-303.360, 62-303.370, 62-303.380, 62-303.400, 62-303.410, 62-303.420, 62-303.430, 62-303.450, 62-303.460, 62-303.470, 62-303.480, 62-303.600, 62-303.700, 62-303.710, 62-303.720, 62-303.810, 62-304.100, 62-305.200, and 62-672.780, F.A.C.
EFFECT ON THOSE OTHER RULES: This rulemaking does not have any direct effect on Rule 62-301.530, F.A.C. Rule 62-302.530, F.A.C., simply notes that Chapter 62-303, F.A.C., is the Department’s assessment methodology, and accounts for natural and statistical variability when assessing ambient waters pursuant to sections 305(b) and 303(d) of the Federal Clean Water Act. All of the rules listed for Chapter 62-303, F.A.C., are simply cross-rule references within the chapter, and this rulemaking takes into account the interconnection between rule sections for the planning, study, and verified lists. This rulemaking affects Rule 62-304.100, F.A.C., because it affects which waters are listed on the verified list for nutrient impairment. The Department is responsible for developing and adopting by rule in Chapter 62-304, F.A.C., Total Maximum Daily Loads (TMDLs) and their allocations for waters that have been verified to be impaired by a pollutant pursuant to Chapter 62-303, F.A.C. This rulemaking also affects Rule 62-305.200, F.A.C., because it establishes when nutrients are identified as a “pollutant of concern.” Rule 62-305.200, F.A.C., refers to Chapter 62-303, F.A.C., in the definition for “pollutant of concern,” which means “the pollutant or pollutants that have been identified as causing the impairment of a water body pursuant to the process set forth in Chapter 62-303, F.A.C.” This rulemaking also affects Rule 672.780, F.A.C., which requires that operating plans for new or increased discharges from phosphogypsum stack systems identify “any impaired waters and parameters included on a verified list, determined in accordance with Chapter 62-303, F.A.C., for any water body or water body segment existing at or downstream of the proposed new or increased discharge.”

RULEMAKING AUTHORITY:

403.061, 403.067 FS.

LAW:

403.021(11), 403.062, 403.067 FS.

PRINT PUBLISH DATE:

11/10/2011 Vol. 37/45

COMMENTS:

From 11/10/2011 To 12/1/2011 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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