Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-304.725: Southeast Coast Basin TMDLs
PURPOSE AND EFFECT: The Department is to adopt nutrient Total Maximum Daily Load (TMDL) and their allocations for the Pompano Canal.
SUMMARY: The TMDL addresses the nutrient impairment in the Pompano Canal, which was verified as impaired by nutrients using the methodology established in Chapter 62-303, Identification of Impaired Surface Waters, Florida Administrative Code. The methodology used for developing this TMDL includes using a simple regression model as the best method available to estimate the loading capacity of the canal.
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 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: Mrs. 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: 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:

62-304.725 Southeast Coast Basin TMDLs.

The Total Maximum Daily Load for the Pompano Canal is 11,590.98 pounds per year (lbs/yr) of Total Nitrogen (TN) and 923.66 pounds per year (lbs/yr) of Total Phosphorus (TP), and is allocated as follows:

(1) There are no permitted National Pollutant Discharge Elimination System wastewater discharges to the Pompano Canal. As such, the Wasteload Allocation (WLA) for wastewater discharges is not applicable.

(2) The Wasteload Allocation for discharges subject to the Department’s National Pollutant Discharge Elimination System Municipal Stormwater Permitting Program is a 15.8 percent reduction of current anthropogenic Total Nitrogen (TN) loading and a 13.6 percent reduction of current anthropogenic Total Phosphorus (TP) loading, based on measured concentrations from the 1999 to 2002 time period,

(3) The Load Allocation for nonpoint sources is a 15.8 percent reduction of current anthropogenic Total Nitrogen (TN) loading and a 13.6 percent reduction of current anthropogenic Total Phosphorus (TP) loading based, on measured concentrations from the 1999 to 2002 time period, and

(4) The Margin of Safety is implicit.

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: June 23, 2006