Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-304.415: Lower St. Johns River Basin TMDLs
PURPOSE AND EFFECT: The purpose of the proposed rule is to revise the Total Maximum Daily Load (TMDL), and its allocation, for the Lower St. Johns River for Total Phosphorus and Total Nitrogen. The nutrient TMDLs for the marine and fresh water portions of the LSJR are being revised to implement the Site-Specific Alternative Criteria for Dissolved Oxygen that was adopted for the marine portion of the river and to address changes to the allocation that were made during development of the Basin Management Action Plan (BMAP) for the TMDL.
SUMMARY: This TMDL addresses the nutrient impairment in the Lower St. Johns River, which was verified as impaired by nutrients using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code. The TMDL is based on the Pollutant Load Reduction Goal (PLRG) for the river developed in by the St. Johns River Water Management District (SJRWMD). The SJRWMD used a suite of models to determine the assimilative capacity of the river, including a watershed model (the Pollution Load Screening Model) to estimate nonpoint source loads, a hydrodynamic model of the river (the Environmental Fluid Dynamics Code model, or EFDC Model) to simulate mixing and transport of nutrients within the river, and a water quality model [the Corps of Engineers Quality Integrated Compartment Model (CE QUAL-ICM), Version 2] to simulate the transformation of nutrients and processes affecting eutrophication within the river. The rule establishes separate TMDLs for the fresh (for Total Nitrogen and Total Phosphorus) and estuarine (Total Nitrogen only) portions of the river.
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, 403.067 FS.
LAW IMPLEMENTED: 403.031, 403.061, 403.062, 403.067 FS.
IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE HELD AT THE DATE,TIME AND PLACE SHOWN BELOW(IF NOT REQUESTED, THIS HEARING WILL NOT BE HELD):
DATE AND TIME: April 18, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room A204, 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: Daryll Joyner, Division of Water Resource Management, Bureau of Watershed Management, Mail Station 3560, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8431

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.415 Lower St. Johns River Basin TMDLs.

Lower St. Johns River.

(1)  The Total Maximum Daily Load for the freshwater segments of the Lower St. Johns River, which is that portion of the river from Buffalo Bluff to Black Creek, is 500,325 kilograms per year (kg/y) of Total Phosphorus (TP) and 8,571,563 8,570,260 kg/y of Total Nitrogen (TN), and is allocated as follows:

(a) The Wasteload Allocation for point sources discharging wastewater to the freshwater portion of the river is 46,357 41,097 kg/y of TP and 236,695 207,347 kg/y of TN, and the Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 34.5 percent reduction in current TP loading and a 15.3 percent reduction in current TN loading,

(b) The Load Allocation for nonpoint sources is 453,968 459,228 kg/y of TP and 8,334,868 8,362,913 kg/y of TN, and

(c) The Margin of Safety is implicit.

(2) The Total Maximum Daily Load for the marine segments of the Lower St. Johns River, which is that portion of the river from Black Creek to the mouth, is 1,376,855 1,472,984 kilograms per year (kg/y) of Total Nitrogen (TN), and is allocated as follows:

(a) The Wasteload Allocation for point sources discharging to the marine portion of the river is 1,027,590 1,112,480 kg/y of TN,

(b) The Load Allocation for nonpoint sources discharging to the marine portion of the river is 349,265 360,504 kg/y of TN, and

(c) The Margin of Safety is implicit.

(3) through (12)  No change.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New 12-3-03, Amended 5-15-06,________.


NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Water Resource Management
NAME OF SUPERVISOR OR PERSON WHO APPROVED THE PROPOSED RULE: Mimi Drew, Deputy Secretary Regulatory Programs and Energy, Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: March 11, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: January 25, 2008