Notice of Proposed Rule

DEPARTMENT OF ENVIRONMENTAL PROTECTION
RULE NO: RULE TITLE
62-304.410: Santa Fe Basin TMDLs
PURPOSE AND EFFECT: The purpose of the rule is to adopt Total Maximum Daily Loads (TMDLs), and their allocations, to address nutrient and dissolved oxygen impairments in Alligator Lake.
NOTE: Amendment to proposed new rule which was published in Vol. 34, No. 34, August 22, 2008 FAW. This amendment will not be adopted until after the adoption of the proposed new rule.
SUMMARY: The Alligator Lake TMDL addresses nutrients and dissolved oxygen impairments in Alligator Lake. This waterbody was verified as impaired by nutrients and dissolved oxygen using the methodology established in Chapter 62-303, F.A.C., Identification of Impaired Surface Waters. The Watershed Management Model (WMM) and an empirical multi-variable method were used to simulate the total nitrogen and total phosphorus TMDLs. For dissolved oxygen, the nutrient TMDL targets, set as annual total nitrogen and total phosphorus loads, will decrease algal biomass in the lake from the current conditions, thereby reducing any pollutant impacts associated with the depressed dissolved oxygen.
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: 403.061, 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:
DATE AND TIME: October 2, 2008, 10:00 a.m. – 12:00 Noon
PLACE: Florida Department of Environmental Protection, 2600 Blair Stone Road, Room 609, Bob Martinez Center, Tallahassee, Florida
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Jan Mandrup-Poulsen, Division of Environmental Assessment and Restoration, 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:

62-304.410 Santa Fe River Basin TMDLs.

(1) through (2) No change.

(3) Alligator Lake TMDLs. Alligator Lake TMDL for nutrient and dissolved oxygen impairments: The TMDL for nutrients in Alligator Lake is 42,595 pounds/year of total nitrogen (a 28.4 percent reduction) and 3,050 pounds/year of total phosphorus (a 61.2 percent reduction) and is allocated as follows:

(a) The WLA for wastewater sources is not applicable,

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is not applicable,

(c) The LAs for nonpoint sources are 42,595 pounds/year of total nitrogen and 3,050 pounds/year of total phosphorus, and

(d) The Margin of safety is implicit.

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


NAME OF PERSON ORIGINATING PROPOSED RULE: Drew Bartlett, Deputy Director, Division of Environmental Assessment and Restoration
NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Michael Sole, Secretary, Department of Environmental Protection
DATE PROPOSED RULE APPROVED BY AGENCY HEAD: July 29, 2008
DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAW: August 1, 2008