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
62-303.460: 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
62-303.720: Delisting Procedure
PURPOSE AND EFFECT: The proposed revisions change the assessment methodology for determining surface water quality impairment due to elevated fecal coliform levels. The proposed revisions are being adopted as changes to Florida’s water quality standards.
SUMMARY: Changes address a) how samples collected within four days are assessed for compliance with the fecal coliform criteria, b) which component of the fecal coliform criteria will be assessed using the binomial method, c) how many exceedances of the monthly average criteria are needed to list waters as impaired, d) how samples are assessed for representativeness, and e) how waters listed for fecal coliform impairment will be delisted. The proposed revisions also include a new delisting provision for waters listed for synthetic organics and pesticides.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: No Statement of Estimated Regulatory Cost was prepared.
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, 403.062, 403.067 FS.
LAW IMPLEMENTED: 403.021(11), 403.062, 403.067 FS.
A HEARING WILL BE HELD AT THE DATE, TIME AND PLACE SHOWN BELOW:
DATE AND TIME: Thursday, June 28, 2007, 9:00 a.m.
PLACE: Florida Department of Environmental Protection, Marjory Stoneman Douglas Building, Conference Room A, 3900 Commonwealth Boulevard, 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 48 hours before the workshop/meeting by contacting: Daryll Joyner with the Bureau of Watershed Management at (850)488-3603. 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: Daryll Joyner, Division of Water Resource Management, Bureau of Watershed Management, Mail Station 3510, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)488-3603
THE FULL TEXT OF THE PROPOSED RULE IS:
62-303.360 Primary Contact and Recreation Use Support.
(1) A Class I, II, or III water shall be placed on the planning list for evaluating primary contact and recreation use support if:
(a) There is a sufficient number of samples from the water segment that do not meet the applicable water quality criteria for bacteriological quality, based on the methodology described in Rule 62-303.320, F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or
(b) through (c) No change.
(d) The water segment includes a bathing area that was closed or had advisories or warnings for more than 12 weeks during a calendar year based on previous bacteriological data or on derived relationships between bacteria levels and rainfall or flow, or
(e) The water segment includes a sampling location that has two or more monthly geometric mean values above the monthly geometric mean fecal coliform or enterococci criterion during the planning period. To calculate a monthly geometric mean, there shall be at least ten five samples collected within that month, with at least one sample from each full week of the month. or
(f) The water segment includes a sampling location that exceeds 400 counts per 100 ml in more than ten percent of the samples collected in at least two different months during the planning period. To assess the monthly data for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month.
(2) When evaluating a water segment for bacteriological quality under subparagraph (1) (a), the criterion used for fecal coliforms shall be that the Most Probable Number (MPN) or Membrane Filter (MF) shall not exceed 400 counts per 100 ml.
(2) through (3) renumbered (3) through (4) No change.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,_________.
62-303.370 Fish and Shellfish Consumption Use Support.
A Class I, II, or III water shall be placed on the planning list for fish and shellfish consumption if:
(1) There is a sufficient number of samples from the water segment that do not meet the applicable Class II water quality criteria for bacteriological quality, based on the methodology described in Rule 62-303.320, F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or
(2) through (5) No change.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,__________.
62-303.380 Drinking Water Use Support and Protection of Human Health.
(1) A Class I water shall be placed on the planning list for drinking water use support if:
(a) There is a sufficient number of samples from the water segment that do not meet the applicable Class I water quality criteria, based on the methodology described in Rule 62-303.320, F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or
(b) through (3)(b) No change.
(4) When evaluating a water segment for bacteriological quality under paragraph (1)(a), the criterion used for fecal coliforms shall be that the MPN or MF shall not exceed 400 counts per 100 ml. The water segment includes a sampling location that exceeds 400 counts per 100 ml in more than ten percent of the samples collected in at least two different months during the planning period. To assess the monthly data for a sampling location, there shall be at least five samples collected within that month, with at least one sample from each full week of the month.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,__________.
VERIFIED LIST METHODOLOGY
62-303.460 Primary Contact and Recreation Use Support.
(1) through (2) No change.
(3) Water segments shall be included on the verified list if:
(a) The number of samples that do not meet the applicable single-sample bacteriological water quality criteria meet the requirements in subsection 62-303.420(6), F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or
(b) There are one two or more exceedances of a bacteriological water quality criterion expressed as a monthly geometric mean during a calendar year or more than four exceedances of a monthly geometric mean criterion over the verified period., or
(c) There are two or more months during a calendar year or more than four months during the verified period in which greater than 10 percent of the samples at a given station exceed 400 counts per 100 ml.
(d) As to paragraphs (3) (b) and (c) above, to To assess the monthly data for a sampling location, there shall be at least ten five samples collected within that month, with at least one sample from each full week of the month.
(4) When evaluating a water segment for bacteriological quality under paragraph 62-303.460(3)(a), F.A.C., the criterion used for fecal coliforms shall be that the Most Probable Number (MPN) or Membrane Filter (MF) shall not exceed 400 counts per 100 ml.
(5) When assessing waters pursuant to paragraphs 62-303.460(3)(a) and (b), F.A.C., the Department shall evaluate whether the samples are representative and are not biased toward collecting samples at times either under the influence of wet weather conditions or absent the influence of wet weather conditions. Representative sampling generally reflects a consistent number of samples evenly spaced over regular intervals. Any determinations to exclude waters based on this provision shall be documented, and the documentation shall include the basis for the decision.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,_________.
62-303.470 Fish and Shellfish Consumption Use Support.
(1) through (2) No change.
(3) Class II waters shall be included on the verified list for coliform impairment if, following review of the available data as described in subsection 62-303.460(2), F.A.C.
(a) The number of samples above 43 counts per 100 ml meet the requirement in subsection 62-303.420(6), F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or,
(b) through (4) No change.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,__________.
62-303.480 Drinking Water Use Support and Protection of Human Health.
If the water segment was listed on the planning list due to exceedances of a human health-based water quality criterion and there were insufficient data from the last five years preceding the planning list assessment to meet the data sufficiency requirements of subsection 303.320(4), F.A.C., additional data will be collected as needed to meet the requirements. Once these additional data are collected, the Department shall re-evaluate the data using the methodology in subsection 62-303.380(2), F.A.C., and limit the analysis to data collected during the five years preceding the planning list assessment, the additional data collected pursuant to this paragraph (not to include data older than 7.5 years), and data older than 7.5 years if it is demonstrated to be representative of current conditions. Any determinations to use older data shall be documented by the Department, and the documentation shall provide the basis for the decision that the data are representative of current conditions. For this analysis, the Department shall exclude any data meeting the requirements of subsection 62-03.420(5), F.A.C. The following water segments shall be listed on the verified list:
(1) For human health-based criteria expressed as maximums, water segments that meet the requirements in subsection 62-303.420(7), F.A.C., or
(2) No change.
(3) For bacteriological water quality criteria, water segments shall be included on the verified list if, following review of the available data as described in subsections 62-303.460(2) and (5), F.A.C.:
(a) The number of samples that do not meet the applicable single-sample bacteriological water quality criteria meet the requirements in subsection 62-303.420(6), F.A.C., with the exception that paragraph 62-303.320(4)(a), F.A.C., does not apply and samples collected on different days within any four day period will be assessed as daily samples, or
(b) There are one two or more exceedances of a bacteriological water quality criterion expressed as a monthly geometric mean during a calendar year or more than four exceedances of the monthly criterion over the verified period., or
(c) There are two or more months during a calendar year or more than four months during the verified period in which greater than 10 percent of the samples at a given station exceed 400 counts per 100 ml.
(d) As to paragraphs (3)(b) and (c) above, to To assess the monthly data for a sampling location there shall be at least five samples collected within that month, with at least one sample from each full week of the month.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,__________.
62-303.720 Delisting Procedure.
(1) through (2)(f) No change.
(g) For waters listed pursuant to paragraphs 62-303.460(3)(b) and (c), F.A.C., 62-303.470(3)(b), F.A.C., or 62-303.480(3)(b) and (c), F.A.C., the water shall be delisted when:
1. The criteria applicable to those sections are met for three consecutive years and there are sufficient new data available to calculate monthly values for at least the same seasons in which the exceedances occurred, or
2. Following a demonstration that the water was inappropriately listed due to flaws in the original analysis, including the use of a non-representative sample set. For waters listed pursuant to rules 62-303.460(3)(b) and (c), or 62-303.480(3)(b) and (c), F.A.C., there shall be sufficient data available to calculate monthly values for at least the same seasons in which the exceedances occurred.
(h) For waters listed pursuant to paragraphs 62-303.460(3)(a), F.A.C., 62-303.470(3)(a), F.A.C., or 62-303.480(3)(a), F.A.C., the water shall be delisted upon meeting the delisting provisions in paragraph 62-303.720(2)(a), F.A.C.
(h) through (k) renumbered (i) through (l) No change.
(m) For waters listed pursuant to paragraph 62-303.320(6)(b), F.A.C., the water shall be delisted when the applicable criteria are met for at least three consecutive years and there are new data available for the same seasons in which the previous exceedances occurred.
(3) No change.
Specific Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS. History–New 6-10-02, Amended 12-11-06,__________.