Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-304.645: Springs Coast Basin TMDLS
PURPOSE AND EFFECT: The purpose of the proposed rule is to establish the Total Maximum Daily Loads (TMDLs), and their allocations, for the Klosterman Bayou Run tidal segment and the Saint Joes Creek freshwater segment.
SUMMARY: These TMDLs address the fecal coliform bacteria impairment in the Klosterman Bayou Run tidal segment and the Saint Joes Creek freshwater segment, which were verified as impaired by fecal coliform using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code. A discussion of each impaired water follows:
Klosterman Bayou Run tidal segment: The TMDL for Klosterman Bayou Run is for fecal coliform bacteria and was based on the “percent reduction” methodology. Under this method, the percent reduction needed to meet the applicable criterion is calculated for each measured value above the criterion, and then the median of the percent reductions is calculated to determine the percent reduction in fecal coliform loading needed for the bayou to meet the applicable water quality criteria for fecal coliform bacteria.
Saint Joes Creek freshwater segment: The TMDL for Saint Joes Creek is for fecal coliform bacteria, and was developed using the load duration method. The TMDL provides the percent reduction in fecal coliform loading needed for the creek to meet the applicable water quality criteria for fecal coliform bacteria.
SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS: The Department does not plan to prepare a Statement of Estimated Regulatory Cost (SERC) for this proposed Rule.
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 24, 2008, 10:00 a.m.
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room A204, Tallahassee, Florida
Pursuant to the Americans with Disabilities Act, any person requiring special accommodations to participate in the hearing is asked to advise the agency at least 5 days before the hearing by calling Ms. Pat Waters at (850)245-8449. If you are hearing or speech impaired, please contact the Florida Relay Service by calling (800)955-8771 (TDD) or (800)955-8770 (Voice).
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Water Resource Management, Bureau of Watershed Management, Mail Station 3555, Florida Department of Environmental Protection, 2600 Blair Stone Road, Tallahassee, Florida 32399-2400, telephone (850)245-8448.

THE FULL TEXT OF THE PROPOSED RULE IS:

62-304.645 Springs Coast Basin TMDLs.

(1) Klosterman Bayou Run Tidal Segment. The Total Maximum Daily Load for Klosterman Bayou Run is 400 counts/100 ml for fecal coliform, and is allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2006 period, is a 52 percent reduction of current fecal coliform loading,

(b) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2005 to 2006 period, is a 52 percent reduction of current fecal coliform loading, and

(c) The Margin of Safety is implicit.

(2) Saint Joes Creek Freshwater Segment. The Total Maximum Daily Loads for the Saint Joes Creek freshwater segment are established as follows: the Main Channel is a median of 4.1 x 1010 colonies/day for fecal coliform and the Miles Creek tributary is a median of 3.2 x 1010 colonies/day for fecal coliform, and are allocated as follows:

(a) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2006 period, is a 50 percent reduction of current fecal coliform loading to the Saint Joes Creek Main Channel and based on the measured concentrations from the 2005 to 2006 period, is a 57 percent reduction of fecal coliform loading to the Saint Joes Creek Miles Creek tributary,

(b) The Load Allocation for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 2004 to 2006 period is a 50 percent reduction of current fecal coliform loading to the Saint Joes Creek Main Channel and based on the measured concentrations from the 2005 to 2006 period, is a 57 percent reduction of fecal coliform loading to the Saint Joes Creek Miles Creek tributary, and

(c) The Margin of Safety is implicit.

(d) While the Load Allocation and Wasteload Allocation for fecal coliform have been expressed as the percent reductions needed to attain the applicable Class III criteria, it is the combined reductions from both anthropogenic point and nonpoint sources that will result in the required reduction of in-stream fecal coliform concentrations. However, it is not the intent of the TMDL to abate natural background conditions.

Specific Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New_________.


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 12, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: March 21, 2008