Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 36 No. 16, April 23, 2010 issue of the Florida Administrative Weekly.

62-302.400 Classification of Surface Waters, Usage, Reclassification, Classified Waters.

(1) through (3) No change.

(4) Water quality classifications are arranged in order of the degree of protection required, with Class I water having generally the most stringent water quality criteria and Class V the least. However, Class I, II, and III surface waters share water quality criteria established to protect fish consumption, recreation and the propagation and maintenance of a healthy, well-balanced population of fish and wildlife. For manmade lakes, canals or ditches, or streams converted to canals before November 28, 1975, considered under subsections (5) and (11) below, the Department shall evaluate the limited aquatic life support and habitat limitations of such waters, recognizing the physical and hydrologic characteristics and water management uses for which they were constructed.

(5) Class III-Limited surface waters share the same water quality criteria as Class III except for any site specific alternative criteria that have been established for the waterbody under Rule 62-302.800, F.A.C. Class III-Limited waters are restricted to waters with human-induced physical or habitat conditions that prevent attainment of Class III uses and do not include waterbodies that were created for mitigation purposes. “Limited recreation” means opportunities for recreation in the water are reduced due to physical conditions. “Limited population of fish and wildlife” means the aquatic biological community does not fully resemble that of a natural system in the types, tolerance and diversity of species present. Class III-Limited waters are restricted to:

(a) Wholly artificial waterbodies that were constructed consistent with regulatory requirements under Part I or Part IV of Chapter 373, Part I or Part III of Chapter 378, or Part V of Chapter 403, F.S.; or

(b) No change.

(6) through (7) No change.

(8) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmative findings required in this section, as described in the DEP document titled, “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), dated June 2010, incorporated by reference herein. Copies of the Process document may be obtained from the Department’s internet site at http://www.dep.state.fl.us/water or by writing to the Florida Department of Environmental Protection, Standards and Assessment Section, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400.

(9) All reclassifications of waters of the State shall be adopted, after public notice (including notification to affected local and regional governments and sovereign American Indian tribes) and public hearing, only upon affirmative findings by the Environmental Regulation Commission that:

(a) No change.

(b) Such a reclassification is clearly in the public interest after considering public input, including ~~special~~ consideration of input submitted by local and regional ~~elected city or county~~ governing bodies and sovereign American Indian tribes, who represent the public interest where the waters, and affected upstream and downstream waters, are located;

(c) The proposed reclassification will ~~does~~ not allow for ~~the lowering of existing water quality nor result in~~ the nonattainment of water quality standards in downstream waters;

(d) through (e) No change.

(10) No change.

(11) If rulemaking is initiated to reclassify a water to ~~for~~ a less stringent classification, the petitioner or the Department shall include in the reclassification documentation appropriate and scientifically defensible water quality, biological, hydrological, and habitat studies and analyses, as well as environmental, technological, social, and economic studies, including costs to small businesses and local governments, as necessary to establish the present and future most beneficial use by demonstrating that:

(a) through (b) No change.

1. Naturally occurring concentrations ~~Concentrations~~ of ~~naturally occurring~~ substances prevent the attainment of the use;

2. through 6. No change.

(12) The petition for a Class III-Limited classification shall include appropriate Site Specific Alternative Criteria proposals that are protective of the most beneficial use as determined by the demonstration in subsection (9) above. Site Specific Alternative Criteria established to support the Class III-Limited designated use are restricted to numeric criteria for any or all of the following parameters: nutrients (including nutrient response variables), bacteria, dissolved oxygen, alkalinity, specific conductance, transparency, turbidity, biological integrity, or pH. Site Specific Alternative Criteria for these parameters shall not be set at levels less stringent than water quality conditions at the time of reclassification and shall not be subject to the limitations in paragraph 62-302.800(2)(d), F.A.C. Proposed Site Specific Alternative Criteria for other parameters must fully protect Class III uses.

(13) through (16) No change.

62-302.530 Table: Surface Water Quality Criteria.

The following table contains both numeric and narrative surface water quality criteria to be applied except within zones of mixing. The left-hand column of the Table is a list of constituents for which a surface water criterion exists. The headings for the water quality classifications are found at the top of the Table, and the classification descriptions for the headings are specified in subsection 62-302.400(1), F.A.C. Applicable criteria lie within the Table. The individual criteria should be read in conjunction with other provisions in water quality standards, including Rule 62-302.500, F.A.C. The criteria contained in Rule 62-302.500, F.A.C., also apply to all waters unless alternative or more stringent criteria are specified in Rule 62-302.530, F.A.C. Unless otherwise stated, all criteria express the maximum not to be exceeded at any time. In some cases, there are separate or additional limits, which apply independently of the maximum not to be exceeded at any time. For example, annual average (denoted as “annual avg.” in the Table) means the maximum concentration at average annual flow conditions (see subsection 62-302.200(2), F.A.C.). In applying the water quality standards, the Department shall take into account the variability occurring in nature and shall recognize the statistical variability inherent in sampling and testing procedures. The Department’s assessment methodology, set forth in Chapter 62-303, F.A.C., accounts for such natural and statistical variability when used to assess ambient waters pursuant to sections 305(b) and 303(d) of the Federal Clean Water Act.

Criteria for Surface Water Quality Classifications
				Class III and Class III-Limited (see Note 4)
Parameter	Units	Class I	Class II	Predominantly Fresh Waters	Predominantly Marine Waters	Class IV	Class V
(1) through (70) No change.

Notes: (1) through (4) No change.

Additionally, pages within the DEP document entitled, “Process for Reclassifying the Designated Uses of Florida Surface Waters” (DEP-SAS-001/10), dated June 2010, incorporated by reference in subsection 62-302.400(8), F.A.C., were modified to be consistent with the changes made in the Rule above. Page 2 was modified to add the phrase “Part I or III of Chapter 378, F.S.” to be consistent with changes to paragraph 62-302.400(5)(a), F.A.C. Page 3 was modified to delete the words “or Tribe’s” in response to a concern raised by the Joint Administrative Procedures Committee. Pages 9 and 15 were modified to delete the term “special” before consideration of input from local and regional governing bodies and sovereign American Indian tribes to be consistent with changes to paragraph 62-302.400(9)(b), F.A.C. Pages 5, 34, and 37 were modified to delete the phrase “the lowering of existing water quality” to be consistent with changes to paragraph 62-302.400(9)(c), F.A.C. Pages 5 and 13 were modified to be consistent with changes to subparagraph 62-302.400(11)(c)1., F.A.C. The change prevents using the language for situations where the discharge of “naturally occurring substances” could be man-induced.