16715930, 62-303.100 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 16715930

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

IDENTIFICATION OF IMPAIRED SURFACE WATERS

Overview

RULE:

62-303.100	Scope and Intent
62-303.150	Relationship Among Planning, Study and Verified Lists
62-303.200	Definitions
62-303.300	Methodology to Develop the Planning List
62-303.310	Evaluation of Aquatic Life Use Support
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
62-303.351	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
62-303.360	Primary Contact and Recreation Use Support
62-303.370	Fish and Shellfish Consumption Use Support
62-303.380	Drinking Water Use Support and Protection of Human Health
62-303.390	The Study List
62-303.400	Methodology to Develop the Verified 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
62-303.460	Primary Contact and Recreation Use Support
62-303.470	Fish and Shellfish Consumption Use Support
62-303.480	Drinking Water Use Support and Protection of Human Health
62-303.500	Prioritization for TMDL Development
62-303.600	Evaluation of Pollution Control Mechanisms
62-303.700	Listing Cycle
62-303.710	Format of Verified List and Verified List Approval
62-303.720	Delisting Procedure

PURPOSE:

The proposed revisions to Chapter 62-303, F.A.C., are intended to provide additional clarity  in the assessment of recently adopted or concurrently proposed water quality criteria in Chapter 62-302, F.A.C.  The rule revisions are adopted as part of the Triennial Review of Florida water quality standards.

SUMMARY:

The Department proposes a number of revisions to Chapter 62-303, F.A.C., designed to clarify the assessment methodology for identifying impaired surface waters.  New provisions primarily relate to: (1) the assessment of the concurrently proposed bacteria criteria and (2) clarification of the scope of waters on the Study List.  There are some changes to the rule text describing the listing cycle and the delisting requirements for certain parameters, as well as some formatting changes and changes to text related to documents incorporated by reference. 
The Department conducted an initial set of public workshops on June 10 and June 11, 2015, in Tallahassee and Orlando, respectively, followed by public workshops on September 15, September 16, and September 17, 2015, in West Palm Beach, Orlando, and Tallahassee, respectively.
OTHER RULES INCORPORATING THIS RULE: Chapter 62-303, F.A.C., is referenced by the following rules:  62-40.210, 62-40.430, 62-40.540, 62-302.300, 62-302.530, 62-302.531, 62-302.800, 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, 62-303.354, 62-303.360, 62-303.370, 62-303.380, 62-303.390, 62-303.400, 62-303.410, 62-303.420, 62-303.430, 62-303.450, 62-303.460, 62-303.470, 62-303.480, 62-303.500, 62-303.600, 62-303.700, 62-303.710, 62-303.720, 62-303.810, 62-304.100, 62-305.200, 62-672.780, F.A.C. Rule 62-303.100 is referenced by the following rules:  62-302.300, and 62-303.100, F.A.C.  Rule 62-303.150 is referenced by the following rule:  62-303.150, F.A.C.  Rule 62-303.200 is referenced by the following rules: 62-303.200, 62-303.330, and 62-303.430, F.A.C.  Rule 62-303.300 is referenced by the following rule:  62-303.300, F.A.C.  Rule 62-303.310 is referenced by the following rule: 62-303.310, F.A.C.  Rule 62-303.320 is referenced by the following rules:  62-303.310, 62-303.320, 62-303.330, 62-303.350, 62-303.360, 62-303.370, 62-303.380, 62-303.420, 62-303.460, 62-303.470, 62-303.480, and 62-303.720, F.A.C.  Rule 62-303.330 is referenced by the following rules: 62-303.310, 62-303.330, 62-303.420, 62-303.430, and 62-303.720, F.A.C.  Rule 62-303.350 is referenced by the following rules: 62-302.300, 62-303.310, 62-303.350, and 62-303.450, F.A.C.  Rule 62-303.351 is referenced by the following rules: 62-303.350, 62-303.351, 62-303.352, 62-303.353, 62-303.450, and 62-303.390, F.A.C.  Rule 62-303.352 is referenced by the following rules: 62-303.352, 62-303.390, and 62-303.450, F.A.C.  Rule 62-303.353 is referenced by the following rules:  62-302.300, 62-303.353, 62-303.390, and 62-303.450, F.A.C.   Rule 62-303.354 is referenced by the following rules:  62-303.350, 62-303.354, 62-303.390, and 62-303.450, F.A.C.  Rule 62-303.360 is referenced by the following rules:  62-303.360, 62-303.390, and 62-303.720, F.A.C.  Rule 62-303.370 is referenced by the following rule:  62-303.370, F.A.C. Rule 62-303.380 is referenced by the following rules:  62-303.380, 62-303.480 and 62-303.720, F.A.C.  Rule 62-303.390 is referenced by the following rules: 62-302.300, 62-303.200, 62-303.390, and 62-303.450, F.A.C.  Rule 62-303.400 is referenced by the following rule:  62-303.400, F.A.C.  Rule 62-303.420 is referenced by the following rules:  62-303.390, 62-303.400, 62-303.410, 62-303.420, 62-303.460, 62-303.470, 62-303.480, and 62-303.720, F.A.C.  Rule 62-303.430 is referenced by the following rules:  62-303.390, 62-303.430, and 62-303.720, F.A.C.  Rule 62-303.450 is referenced by the following rules:  62-302.300, 62-303.450 and 62-303.720, F.A.C.  Rule 62-303.460 is referenced by the following rules:  62-303.406, 62-303.470, 62-303.480, and 62-303.720, F.A.C.  Rule 62-303.470 is referenced by the following rules:  62-303.470 and 62-303.720, F.A.C.  Rule 62-303.480 is referenced by the following rules:  62-303.480 and 62-303.720, F.A.C.  Rule 62-303.500 is referenced by the following rule:  62-303.500, F.A.C.  Rule 62-303.600 is referenced by the following rules: 62-302.531, 62-303.390, 62-303.600, and 62-303.720, F.A.C.  Rule 62-303.700 is referenced by the following rule:  62-303.700, F.A.C.  Rule 62-303.710 is referenced by the following rule:  62-303.710, F.A.C.  Rule 62-303.720 is referenced by the following rule:  62-303.720, F.A.C.  
EFFECT ON THOSE OTHER RULES: These amendments are not expected to have an effect on other rules because the amendments are primarily clarifying in nature.

RULEMAKING AUTHORITY:

403.061, 403.067 FS.

LAW:

403.021(11), 403.062, 403.067 FS.

PRINT PUBLISH DATE:

11/4/2015 Vol. 41/215

COMMENTS:

From 11/4/2015 To 11/25/2015 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

Ref-01213 BRN 1000 Biological Reconnaissance Field Methods
Ref-01217 Mann's one-sided, upper-tail test for trend
Ref-01311 Applicability of Chlorophyll a Methods
Ref-01312 Sampling and Use of the Stream Condition Index (SCI) for Assessing Flowing Waters: A Primer
Ref-01313 SCI 1000 Stream Condition Index Methods DEP-SOP-003/11
Ref-01314 Sampling and Use of the Lake Vegetation Index (LVI) for Assessing Lake Plant Communities in Florida: A Primer
Ref-01315 LVI 1000 Lake Vegetation Index Methods DEP-SOP-003/11
Ref-01316 Map of Nutrient Watershed Regions
Ref-02958 Section 5.4 of DO Technical Support Document, March 2013
Ref-02961 Appendix I of DO Technical Support Document, March 2013
Ref-02962 Seasonal Kendall test for trend, Helsel and Hirsch, 2002
Ref-02972 Appendix I of DO Technical Support Document, March 2013
Ref-02973 Seasonal Kendall test for trend, Helsel and Hirsch, 2002
Ref-06032 Method 1669: Sampling Ambient Water for Trace Metals at EPA Water Quality Criteria Levels, July 1996
Ref-06033 Map of Nutrient Watershed Regions, dated October 12, 2011
Ref-06034 Data Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001)

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