8185265, 62-302.400 - Florida Administrative Rules, Law, Code, Register

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Notice: 8185265

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

SURFACE WATER QUALITY STANDARDS

Overview

RULE:

62-302.400	Classification of Surface Waters, Usage, Reclassification, Classified Waters
62-302.530	Table: Surface Water Quality Criteria

PURPOSE:

On July 20, 2009, the Department of Environmental Protection (Department) received a petition to initiate rulemaking from the Florida Stormwater Association to establish a more refined surface water classification system. The existing surface water classification system has been in effect for over three decades. The Department initiated rulemaking and conducted four public workshops: August 18, 2009; November 18, 2009; January 7, 2010; and February 22, 2010 to receive comments from the public regarding the revision of the existing surface water classification system. The proposed revisions establish a new sub-classification of Class III waters titled Class III-Limited that is intended to recognize that some artificial or altered waters cannot fully support a Class III use due to human-induced physical or habitat conditions. No waters are reclassified as part of this rulemaking nor are there any changes to water quality criteria.

SUMMARY:

The Department is amending Chapter 62-302, F.A.C., to revise the existing surface water classification system by adding a new sub-classification under Class III waters titled Class III-Limited. The new Class III-Limited sub-classification is intended to address some artificial or altered waters that cannot fully support a Class III use due to physical or habitat conditions. Any future reclassification of a waterbody to the new Class III-Limited use will require a Use Attainability Analysis as well as the relevant Site Specific Alternative Criteria appropriate for that waterbody. Reclassification requirements are described in Rule 62-302.400, F.A.C., and the document “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), which is incorporated by reference into the rule. Petitioners for a reclassification to Class III-Limited must demonstrate that existing uses of both the reclassified water and downstream water are fully protected, and no classification action or change in designated use shall result in degradation of water quality in Outstanding Florida Waters or Outstanding National Resource Waters.
Chapter 62-302 and Rule 62-302.400, F.A.C., are referenced by a number of other rules. The proposed amendments will have no effect on the following referenced rules, other than to authorize the Department to create a Class III-Limited sub-classification for surface waters to which alternative surface water quality criteria for certain limited parameters may apply in the future: Rules 62-4.242, 62-4.246, 62-25.001, 62-25.025, 62-25.080, 62-29.050, 62-40.120, 62-40.210, 62-113.200, 62-301.100, 62-302.300, 62-302.400, 62-303.100, 62-303.200, 62-303.430, 62-304.310, 62-304.335, 62-304.500, 62-312.050, 62-312.340, 62-312.816, 62-312.819, 62-330.100, 62-330.200, 62-341.486, 62-341.490, 62-341.494, 62-346.051, 62-346.301, 62-528.610, 62-528.630, 62-600.120. 62-600.200, 62-600.300, 62-600.400, 62-600.430, 62-600.440, 62-600.500, 62-600.520, 62-610.200, 62-610.300, 62-610.310, 62-610.650, 62-610.670, 62-610.850, 62-611.110, 62-611.200, 62-611.450, 62-611.500, 62-611.600, 62-611.650, 62-611.700, 62-620.320, 62-620.400, 62-620.620, 62-620.800, 62-624.800, 62-625.300, 62-673.340, 62-673.610, 62-701.200, 62-701.300, 62-709.500, 62-711.540, 62-761.200, 62-762.201, 62-770.200, 62-771.100, 62-777.150, 62-777.170, 62-780.200, 62-782.200, 62-785.200, and 62B-49.012, F.A.C.
Rule 62-302.530, F.A.C., is referenced by a number of other rules. The proposed amendments will have no effect on the following referenced rules other than to authorize the Department to create a Class III-Limited sub-classification for surface waters to which alternative surface water quality criteria for certain limited parameters may apply in the future: Rules 62-302.244, 62-302.200, 62-302.400, 62-302.500, 62-302.530, 62-303.320, 62-303.330, 62-303.370, 62-661.500, 62-611.600, and 62B-49.008, F.A.C.

RULEMAKING AUTHORITY:

403.061, 403.062, 403.087, 403.088, 403.504, 403.704, 403.804 FS.

LAW:

403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708 FS.

PRINT PUBLISH DATE:

4/23/2010 Vol. 36/16

COMMENTS:

From 4/23/2010 To 5/14/2010 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

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