24250696, 62-304.100 - Florida Administrative Rules, Law, Code, Register

Home

Florida Department of State and Division of Library and Information Services

Notice: 24250696

Notice of Proposed Rule

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

TOTAL MAXIMUM DAILY LOADS

Overview

RULE:

62-304.100	Scope and Intent
62-304.300	St. Marks River Basin TMDLs
62-304.305	Ochlockonee River Basin TMDLs
62-304.310	Apalachicola River Basin TMDLs
62-304.315	Chipola River Basin TMDLs
62-304.320	St. Andrews Bay Basin TMDLs
62-304.325	Choctawhatchee River Basin TMDLs
62-304.330	Pensacola Bay Basin TMDLs
62-304.335	Perdido Bay Basin TMDLs
62-304.400	Upper Suwannee Basin TMDLs
62-304.405	Lower Suwannee River Basin TMDLs
62-304.406	Aucilla River Basin TMDLs
62-304.410	Santa Fe River Basin TMDLs
62-304.415	Lower St. Johns River Basin TMDLs
62-304.425	Nassau River Basin TMDLs
62-304.430	St. Mary's Basin TMDLs
62-304.435	Upper East Coast Basin TMDLs
62-304.500	Ocklawaha River Basin TMDLs
62-304.505	Middle St. Johns River Basin TMDLs
62-304.506	Wekiva Springs Study Area TMDLs.
62-304.510	Upper St. Johns River TMDLS.
62-304.515	Kissimmee River Basin TMDLs
62-304.520	Indian River Lagoon Basin TMDLs
62-304.600	Tampa Bay Basin TMDLs
62-304.605	Alafia River TMDLs
62-304.610	Hillsborough River Basin TMDLs
62-304.615	Manatee River Basin TMDLs
62-304.620	Little Manatee River Basin TMDLs
62-304.625	Peace River Basin TMDLs
62-304.640	Withlacoochee River Basin TMDLs
62-304.645	Springs Coast Basin TMDLs
62-304.700	Lake Okeechobee Basin TMDLs
62-304.705	St. Lucie River Basin TMDLs
62-304.710	Loxahatchee River Basin TMDLs
62-304.715	Lake Worth Lagoon Basin TMDLs
62-304.725	Southeast Coast Basin TMDLs
62-304.726	Pompano Canal TMDL
62-304.735	Everglades Basin TMDLs
62-304.800	Caloosahatchee River Basin TMDLs.
62-304.805	Charlotte Harbor Basin TMDLs
62-304.810	Everglades West Coast Basin TMDLs
62-304.815	Fisheating Creek Basin TMDLs
62-304.900	Statewide TMDLs

PURPOSE:

The purpose of the rulemaking is to to streamline and otherwise cleanup various provisions in Chapter 62-304, F.A.C. For instance, duplicative text in individual Total Maximum Daily Loads (TMDLs) will be consolidated in one location in the rule chapter. These revisions will not substantively change any adopted TMDLs or their allocations in the rule chapter. The department also is proposing to delete several total coliform TMDLs that still remain in four rule sections (rules 62-304.415, .500, .505, and .610). The total coliform criteria were removed from state water quality standards 14 years ago and have been replaced with superior bacteriological indicators.

SUMMARY:

The department is proposing revisions to Chapter 62-304, F.A.C., which contains state adopted TMDLs. These revisons primarily entail editorial changes to the rule, which are intended to improve the clarity of the rule.  The following changes will add clarity and make the overall rule more concise without changing the underlying TMDLs: (1) Removal of definitions from individual rule sections and moving these definitions to section 62.304.100, F.A.C.; (2) Adding text clarifying that the margin of safety is implicit to section 62.304.100, F.A.C., unless otherwise stated and removing this text from each individual rule section; (3) Adding text stating that TMDLs are not designed to abate natural background conditions to section 62.304.100, F.A.C., and removing this text from individual rule sections; (4) Providing clarifications regarding implementation of aggregated allocations and stormwater reductions; and, (5) Clarifying that the attainment of a TMDL is determined using the same assessment procedures as determining attainment of water quality criteria.
The department also is proposing to remove all total coliform TMDLs from the rule to reflect changes in Florida’s water quality standards. Specifically, the change is being made because 1) the total coliform criteria were withdrawn from Rule 62-302.530, F.A.C., in 2006 because the measure was shown to be an unreliable indicator of human pathogens, and 2) Florida adopted EPA’s fecal indicator water quality criteria for enterococci and E. coli. criteria in 2015. The newer fecal indictor criteria were developed based on the latest scientific research, including studies that showed a stronger link, then the previous criteria, between illness and fecal contamination in recreational waters. This rulemaking has been given an OGC case number 20-1619.

RULEMAKING AUTHORITY:

403.061, 403.067 FS.

LAW:

403.061, 403.062, 403.067 FS.

PRINT PUBLISH DATE:

2/26/2021 Vol. 47/39

COMMENTS:

From 2/26/2021 To 3/19/2021 (21 Days)
The public comment period for this notice has already expired.

REFERENCE MATERIALS:

No reference(s).

Under Florida law, E-mail addresses are public records. If you do not want your E-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing.