Draft 7-17-09

1 CHAPTER 62-302
SURFACE WATER QUALITY STANDARDS

62-302.200 Definitions. (1) “Acute Toxicity” shall mean a concent ration greater than one-third (1/3) of the

amount lethal to 50% of the te st organisms in 96 hours (96 hr LC 50 ) for a species protective of the indigenous aquatic commu nity for a substance not identified in paragraph 62-302.500(1)(c), F.A.C., or for mixtures of subst ances, including effluents. (2) "Annual Average Flow" is the l ong-term harmonic mean flow of the receiving water, or an equival ent flow based on generally accepted scientific procedures

in waters for which such a mean cannot be calc ulated. For waters for which flow records have been kept for at least the last three years, "long-term" shall mean the period of record. For all other waters, "long-term" s hall mean three years (unless the Department finds the data from that period not represent ative of present flow conditions, based on evidence of land use or other changes affe cting the flow) or the period of records

sufficient to show a variation of flow of at least three orders of magnitude, whichever period is less. For nontidal portions of rivers and streams, the harmonic mean (Q hm )

shall be calculated as

Q hm = n

__ , 1 + 1 + 1 + 1 + + 1
Q 1 Q 2 Q 3 Q 4 Q n

in which each Q is an individual flow record and n is the total number of records. In lakes and reservoirs, the annual average flow shall be based on the hydraulic residence time, which shall be calculated according to generally accepted scientific procedures, using the harmonic mean flows for the inflow sources. In tidal estuaries and coastal systems or tidal portions of rivers and streams, the annual average flow shall be determined using methods described in E PA publication no. 600/6-85/002b pages 142 - 227, incorporated by reference in paragraph 62-4.246(9)(k), F.A.C., or by other generally accepted scientific procedures, using the harmonic mean flow for any

freshwater inflow. If there are insufficient data to deter mine the harmonic mean then the harmonic mean shall be estimated by meth ods as set forth in the EPA publication Technical Support Document for Wa ter Quality-Based Toxics Control (March 1991), incorporated by reference in paragraph 62-4.246(9)(d), F.A.C., or other generally accepted scientific procedures. In situations with seasonably variable effluent discharge rates, hold-and-release treatment systems, and effluent-dominated sites, annual average flow shall mean modeling techniques that calculate long-term average daily concentrations from long-term individual da ily flows and concentrations in accordance with generally accepted scientific procedures. (3) "Background" shall mean the condition of waters in the absence of the activity or discharge under considerati on, based on the best scientific information available to the Department. (4) “Biological Health Assessment” shall mean an aquatic community-based biological evaluation consisting of one of the following procedures: Stream Condition Index, BioRecon, Lake Vegetation Index, or Shannon-Weaver Diversity Index.Draft 7-17-09

2 (5) “Chlorophyll a” shall mean, for the purposes of this rule, pheophytincorrected chlorophyll a as measured according to the DEP document titled, “Applicability of Chlorophyll a Methods” (DEP/SAS/003/09), incorporated by reference

herein. (6) (4) “Chronic Toxicity” (a) For a substance without an aquatic life-based criterion in section Rule 62- 302.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the substance are available, or for mixtures of substances, including effluents, chronic toxicity shall mean the concentra tion that equals or exceeds the IC 25 on species protective of the indigenous aquatic community; or (b) For a substance without an aquatic life-based criterion in section Rule 62- 302.530, F.A.C., and where chronic toxicity studies evaluating the toxicity of the substance on species protective of the indi genous aquatic community are not available, the chronic toxicity of a substance shall be established as a concentration greater than one-twentieth (1/20) of the am ount lethal to 50% of the test organisms in 96 hours (96

hr LC 50 ) for a species protective of the indigenous aquatic community. (7) (5) "Commission" shall mean the Envi ronmental Regulation Commission. (8) (6) “Compensation Point for P hotosynthetic Activity” shall mean the depth at which one percent of the light intensity at the surface re mains unabsorbed. The light

intensities at the surface and subsurfa ce shall be measured simultaneously by

irradiance meters such as Kahlsico Under water Irradiameter (Model No. 268 WA 310), or other device having a comparable spectral response. (9) (7) "Department" shall mean the Department of Environmental Protection. (10) (8) "Designated Use" shall mean the pres ent and future most beneficial use of a body of water as designated by t he Environmental Regulation Commission by means of the classification system contained in this Chapter. (11) (9) “Dissolved Metal” shall mean the metal fraction that passes through a

0.45 micron filter. (12) (10) "Effluent Limitation" shall mean any restriction established by the Department on quantities, rates or concentrati ons of chemical, physical, biological or other constituents which are discharged from sources into waters of the State. (13) (11) "Exceptional Ecological Significance" shall mean that a water body is a part of an ecosystem of unusual value. The exceptional significance may be in unusual species, productivity, diversity, ecological relationships, ambient water quality, scientific or educational interest, or in other aspects of the ecosystem's setting or processes. (14) (12) "Exceptional Recreational Signific ance" shall mean unusual value as a

resource for outdoor recreation activities. Out door recreation activities include, but are not limited to, fishing, boating, canoeing, wa ter skiing, swimming, scuba diving, or nature observation. The except ional significance may be in the intensity of present recreational usage, in an unusual quality of recreational experie nce, or in the potential

for unusual future recreati onal use or experience. (15) (13) "Existing Uses" shall mean any act ual beneficial use of the water body on or after November 28, 1975. (16) (14) “IC 25 ”or “Inhibition Concentration 25%” shall mean the concentration of

toxicant that causes a 25% r eduction in a biological response such as biomass, growth,Draft 7-17-09

3 fecundity, or reproduction in the test population when compared to the control population response. (17) “Lake” shall mean, for the purposes of this ru le, a freshwater waterbody

that is not a stream or ot her watercourse and which has a minimum of two acres of contiguous open water that is free from em ergent vegetation. Aquatic or floating vegetation may be present in these two acres of open water. (18) “Lake Vegetation Index (LVI)” sha ll mean a biological health assessment that measures lake health in predominantly fr esh waters using aquatic plants identified to the lowest practical taxonomic le vel, performed and calculated using the methodologies, dated 03-31-08, in DEP- SOP-002/01 LT 7500, DE P-SOP-002/01 LQ 7300 and DEP-SOP-001/01 FS 7220, which are incorporated by reference herein. (19) (15 ) "Man-induced conditions which cannot be controlled or abated" shall

mean conditions that have been in fluenced by human activities, and (a) would remain after removal of all point sources, (b) would remain after imposition of best management practices for non-point sources, and (c) cannot be restored or abated by physi cal alteration of the water body, or

there is no reasonable relati onship between the economic, social and environmental costs and the benefits of restoration or physical alteration. (20) (16 ) "Natural Background" s hall mean the condition of waters in the absence

of man-induced alterations based on the bes t scientific information available to the Department. The establishment of natural background for an altered waterbody may be based upon a similar unaltered waterbody or on historical pre-alteration data. (21) (17 ) "Nuisance Species" shall mean specie s of flora or f auna whose noxious characteristics or presence in sufficient number, biomass, or areal extent may reasonably be expected to prevent, or unreasonabl y interfere with, a designated use of

those waters. (22) (18 ) "Nursery Area of Indigenous Aquatic Life" shall mean any bed of the following aquatic plants, either in monoculture or mixed: Halodule wrightii , Halophila

spp ., Potamogeton spp. (pondweed), Ruppia maritima (widgeon-grass), Sagittaria spp. (arrowhead), Syringodium filiforme (manatee-grass), Thalassia testudinum (turtle grass), or Vallisneria spp. (eel-grass), or any area us ed by the early-life stages, larvae and post-larvae, of aquatic lif e during the period of rapid growth and development into the juvenile states. (23) “Nutrient Region” shall mean a region of the state delineated in the

document titled “ Technical Support Docum ent for the Establishment of Numeric Nutrient

Criteria for Florida’s Streams and Lakes” , dated July __, 2009, which is adopted by reference herein, that sets forth the techni cal derivation of the r egional numeric nutrient

criteria identified in section 62-302.535, F.A.C. (24) (19 ) "Outstanding Florida Waters" shall mean waters designated by the Environmental Regulation Commission as worthy of special protection because of their

natural attributes. (25) (20 ) "Outstanding National Resource Wate rs" shall mean waters designated by the Environmental Regulation Commission t hat are of such exce ptional recreational or ecological significance that water qua lity should be maintain ed and protected underDraft 7-17-09

4 all circumstances, other than temporary lowering and the lowering allowed under

Section 316 of the Feder al Clean Water Act. (26) (21 ) "Pollution" shall mean the presenc e in the outdoor atmosphere or waters of the state of any substances, contaminants, noise, or man-made or maninduced alteration of the chemical, physical, bi ological or radiological integrity of air or water in quantities or levels which are or may be potentially harmful or injurious to human health or welfare, animal or plant life, or property, including outdoor recreation. (27) (22 ) “Predominantly Fresh Waters” shall mean surface waters in which the

chloride concentration is less than 1,500 milligra ms per liter. (28) (23 ) “Predominantly Marine Waters” shall mean surface waters in which the chloride concentration is greater than or equal to 1,500 milligrams per liter. (29) (24 ) "Propagation" shall mean reproducti on sufficient to maintain the species' role in its respective ecological community. (30) ( 25 ) "Secretary" shall mean the Se cretary of the Department of

Environmental Protection. (31) (26) "Shannon-Weaver Diversity Index" shall mean: negative summation (from i=1 to s) of (n i /N) log 2 (n i /N) where s is the number of species in a sample, N is

the total number of individuals in a sample, and n i is the total number of individuals in

species i. (32) “South Florida Coastal Plain Ecor egion” shall mean that portion of the Florida Peninsula included within Ecoregion 76 as depicted in Griffith, G.E., Omernik, J.M, Rohm, C.W., and Pierson, S.M. 1994. Florida Regi onalization Proj ect. United

States Environmental Protec tion Agency, National Health and Environmental Effects Laboratory, Corvallis, OR. EPA/600/Q-95/002, which is incorporated by reference

herein. (33) (27 ) "Special Waters" shall mean wate r bodies designated in accordance with Section 62-302.700, F.A.C., by the En vironmental Regulation Commission for inclusion in the Special Waters Category of Outstanding Florida Waters, as contained in Section 62-302.700, F.A.C. A Special Water may include all or part of any water body. (34) “Stream” shall mean a free-flowing, predominantly fresh surface water in a defined channel, and includes rivers, creeks, branches, canals, freshwater sloughs, springs and spring runs, and other similar water bodies. (35) “Stream Condition Index (SCI)” s hall mean a biological health assessment that measures stream health in pr edominantly fresh waters using benthic macroinvertebrates sampled via 20 sweeps of a D-frame dipnet and identification of the collected organisms to the lowest practical taxonomic level, performed and calculated using the methodologies, dated 03-31-08, in DEP-SOP-002/01 LT 7200, DEP-SOP002/01 LQ 7400 and DEP-SOP-001/01 FS 7420, which are incorporated by reference herein. For water quality standards purposes , the Stream Condition Index shall not apply in the South Florida Coastal Plain Ecoregion. (36) (28 ) "Surface Water" means water upon the surface of the earth, whether contained in bounds created naturally or artifi cially or diffused. Water from natural springs shall be classified as surface water w hen it exits from the sp ring onto the earth's

surface. (37) (29 ) “Total Recoverable Metal” shall me an the concentration of metal in an unfiltered sample following treatment with hot dilute mineral acid.Draft 7-17-09

5 (38) (30 ) "Water quality criter ia" shall mean elements of State water quality standards, expressed as consti tuent concentrations, levels, or narrative statements, representing a quality of water that supports the present and futu re most beneficial

uses. (39) (31 ) "Water quality standards" sha ll mean standards composed of designated present and future most beneficia l uses (classification of waters), the

numerical and narrative criteria applied to the specific water uses or classification, the Florida antidegradation policy, and the moderating provisions , such as Site Specific Alternative Criteria, variances , mixing zones, or exemptions. contained in this Rule and

in F.A.C. Rule 62

- 4, adopted purs uant to Chapter 403, F.S. (40) (32 ) "Waters" shall be as defined in Se ction 403.031(13), Florida Statutes. (41) (33 ) "Zone of Mixing" or "Mixing Zone" s hall mean a volume of surface water containing the point or area of discharge and within which an opportunity for the mixture of wastes with receiving surf ace waters has been afforded.

Specific Authority 403.061, 403.062, 403.087, 403.504, 403. 704, 403.804, 403.805 FS. Law Implemented 403.021, 403.031, 403. 061, 403.085, 403.086, 403.087, 403.088, 403.502, 403.802 FS. History - New 05-29- 90, Amended 2-13-92, Formerly 17-302.200, Amended 1-23-95, 5-15-02, 4-2-08, - -09

.

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

Classified Waters. (1) All surface waters of the State have been classified according to designated uses as follows: CLASS I Potable Water Supplies

CLASS II Shellfish Pr opagation or Harvesting CLASS III Recreation, Propagation and Maintenance of a Healthy, WellBalanced Population of Fish and Wildlife CLASS IV Agricultural Water Supplies CLASS V Navigation, Utility and Industrial Use (2) Classification of a water body according to a particular designated use or uses does not preclude use of the water for other purposes. (3) The specific water quality criteria corresponding to each surface water classification are listed in Rules 62-302.500, and 62-302.530, 62- 302.531, 62-302.532, 62-302.533, and 62-302.534, F.A.C. (4) Water quality classifications ar e 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 re creation and the propagatio n and maintenance of a healthy, well-balanced populati on of fish and wildlife. (5) Criteria applicable to a classi fication are designed to maintain the minimum conditions necessary to assure the suitability of water for the designated use of the classification. In addition, applicable cr iteria are generally adequate to maintain minimum conditions required for the designa ted uses of less stringently regulated classifications. Therefore, unless clearly in consistent with the criteria applicable, the designated uses of less stringently regulat ed classifications shall be deemed to be included within the designated uses of mo re stringently regulat ed classifications.Draft 7-17-09

6 (6) Any person regulated by the Department or having a substantial interest in this Chapter may seek reclassi fication of waters of the Stat e by filing a petition with the Secretary in the form requir ed by Section 120.57, F.S. (7) A petition for reclassification shall reference and be accompanied by the information necessary to support the affirmati ve finding required in this Section to support the proposed reclassification. (8) All reclassifications of waters of the State shall be adopted, after public notice and public hearing, only upon an affirm ative finding by the Environmental Regulation Commission that: (a) The proposed reclassification will es tablish the present and future most beneficial use of the waters; and (b) Such a reclassification is clearly in the public interest. (9) Reclassification of waters of t he State which establishes more stringent criteria than presently established by th is Chapter shall be adopted, only upon additional affirmative finding by the Environmental Regulation Commission that the proposed designated use is attainable, upon considerat ion of environmental, technological, social, economic, and institutional factors. (10) The surface waters of the Stat e of Florida are classified as Class III - Recreation, Propagation and Main tenance of a Healthy, We ll-Balanced Population of Fish and Wildlife, except for certain wate rs which are described in this Rule 62- 302.400(12). A water body may be designated as an Outstanding Florida Water or an Outstanding National Resource Water in additi on to being classified as Class I, Class II, or Class III. A water body may also have s pecial standards applied to it. Outstanding Florida Waters and Outstanding National Res ource Waters are listed in Rule 62- 302.700, F.A.C. (11) Unless otherwise spec ified, the following shall apply: (a) The landward extent of a classifi cation shall coincide with the landward extent of waters of the state, as defined in Rule 62-340.600, F.A.C. (b) Water quality classifications shall be interpreted to include associated water bodies such as tidal creeks, coves, bays and bayous. (12) Exceptions to Class III: (a) All secondary and tertiary canals wholly within agricultural areas are

classified as Class IV and are not indivi dually listed as exceptions to Class III. "Secondary and tertiary canals" shall mean any w holly artificial canal or ditch which is behind a control structure and which is part of a water control system that is connected to the works (set forth in Section 373.086, F.S.) of a wate r management district created under Section 373.069, F.S., and that is permitted by such water management district pursuant to Section 373.103, Section 373.413, or Section 373.416, F.S. Agricultural areas shall generally include la nds actively used solely for the production of food and fiber which are zoned for agricultural use wher e county zoning is in effect. Agricultural areas exclude lands which are platted and subdivided or in a transition phase to residential use; (b) The following listed water bodies are classified as Class I, Class II, or

Class V: 1. through 67. No change.Draft 7-17-09

7 Specific Authority 403.061, 403.062, 403.087, 403.088, 403. 504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.182, 403.502, 403.504, 403.702, 403.708 FS . History - Formerly 28- 5.06, 17-3.06, Amended and Renumbered 3-1-79, Am ended 1-1-83, 2-1-83, Forme rly 17-3.081, Amended 4-25- 93, Formerly 17-302.400, Amended 12-26-96, 8-24-00, 12-7-06, - -09

.

62-302.531 Numeric Nutrient Criteria: General. (1) Numeric nutrient criteria for cert ain waterbody types are established in

sections 62-302.532 th rough 62-302.534, F.A.C. (2) For numeric nutrient criteria es tablished in sections 62-302.532 through 62-302.534, F.A.C., Class III waters are subd ivided into different types based upon waterbody features. All Cla ss III waterbody types are requi red to protect recreation and the propagation and maintenance of a healthy, well-balanced population of fish and wildlife characteristic of the type. (3) Site Specific Nutrient Criteria: Site specific alternative criteria consist of those adopted pursuant to sect ion 62-302.800, F.A.C. , or a nitrogen or phosphorus total maximum daily load promulgated in Chapter 62-304, F.A.C., adopted as a State water quality standard and approved as a revised wa ter quality standard pursuant to Section 1313(c) U.S.C. Upon approval, such site s pecific alternative cr iteria shall be deemed the applicable criteria for those waterbodies in lieu of the criteria identified in sections 62-302.532 – 62-302.534, F.A.C. (4) For waterbodies not covered by sections 62-302. 532 through 62-302.534, F.A.C., the narrative nutrient criteria in paragr aph 62-302.530(47), F.A.C ., shall continue to apply. (5) To be assessed under this rule chapter, except for data used to establish historical chlorophyll a levels, chlorophyll a data collected after the effective date of this rule shall be determined using Department- approved methods. The selection of the Department-approved method shall be cons istent with consi deration of the characteristics of the assessed water body , according to the DEP document titled, “Applicability of Chlorophyll a Methods” (DEP/SAS/003/09), incorporated by reference herein. The value for chlorophyll a that is calculated by the Department-approved method shall represent chlorophyll a in the sample as corrected for or free from the interference of pheophytin. (6) In no case shall the loading of nitrogen or phosphorus from a Class I or III waterbody cause an exceedance of wa ter quality standards in downstream

waterbodies. Best available sci entific information, such as mathematical models that account for factors such as system morphology , dilution, hydrologic residence time, and assimilative capacity, shall be used to ens ure that upstream concentrations do not exceed the loads necessary to attain t he established downstream water quality

standards.

Specific Authority 403. 061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403. 061, 403.087, 403.088, 403. 141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History – New - -09.Draft 7-17-09

8 62-302.532 Numeric Nutrient Criteria: Streams. The applicable criteria for Class I and III streams are expresse d in the following table, unless there are site specific alter native criteria as described in section 62- 302.531, F.A.C.

Geographic Area Total Phosphorus

shall not exceed an annual geometric

mean concentration

of: Total Nitrogen

shall not exceed

an annual geometric mean

concentration of:

Panhandle Nutrient Region 0.069 mg/L 0.82 mg/L

North Central Nutrient Region 0.322 mg/L 1.73 mg/L

North East Nutrient Region 0.101 mg/L 1.73 mg/L

Peninsular Nutrient Region 0.116 mg/L 1.73 mg/L

Bone Valley Nutrient Region 0.415 mg/L 1.73 mg/L

South Florida Nutrient Region To be determined To be determined

Specific Authority 403. 061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.1 41, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History – New - -09.

62-302.533 Numeric Nutrient Criteria: Nitrate-Nitrite in Clear Streams.

In months when the median color is less than 40 platinum cobalt units, the monthly median nitrate-nitrite concentration for Class I and III streams shall not exceed 0.35 mg/L more than 10 percent of the time, unless a site s pecific alternative criterion has been adopted.

Specific Authority 403. 061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403. 061, 403.087, 403.088, 403. 141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History – New - -09.

62-302.534 Numeric Nutrient Criteria: Lakes. (1) The annual geometric mean concentrati ons shall not exceed the following values more than once in any three calendar year period:

Long Term Average

Lake Color and Alkalinity Chlorophyll a Total Phosphorus Total NitrogenDraft 7-17-09

9 > 40 Platinum Cobalt

Units 20 μg/L 0.05 mg/L 1.23 mg/L

< 40 Platinum Cobalt Units and > 50 mg/L

CaCO 3 20 μg/L 0.030 mg/L 1.00 mg/L

< 40 Platinum Cobalt

Units and < 50 mg/L

CaCO 3 9 μg/L 0.015 mg/L 0.85 mg/L

(2) If there are sufficient data to calculate the annual geometric mean chlorophyll a and the chlorophyll a criteria set forth in paragraph (2)(a) above are not exceeded, then the total phosphorus and to tal nitrogen criteria shall be the annual geometric mean values of ambi ent measurements, subject to the following upper and

lower limits:

Calculated criteria may

not be lower than AND calculated criteria may not be greater than Long Term Average Lake

Color and Alkalinity Total Phosphorus Total Nitrogen Total Phosphorus Total Nitrogen

> 40 Platinum

Cobalt Units 0.05 mg/L 1.23 mg/L 0.157 mg/L 2.25 mg/L

< 40 Platinum

Cobalt Units and > 50 mg/L

CaCO 3 0.030 mg/L 1.00 mg/L 0.087 mg/L 1.81 mg/L

< 40 Platinum

Cobalt Units

and < 50 mg/L

CaCO 3 0.015 mg/L 0.85 mg/L 0.043 mg/L 1.14 mg/L

Ambient geometric means shall be based on data from the year that the chlorophyll a value is not exceeded, with at least four total measurements and with at least one measurement taken between May and S eptember and one measurement taken between October and April. For lakes that disc harge to streams, the calculated criteria shall not be greater than the criteria applic able to those streams. (c) For the purpose of this subsecti on, color shall be assessed as true color

and shall be free from turbid ity. Long-term average lake color shall mean a rolling average of up to 7 years based on all available lake color data. If alkalinity data are unavailable, specific conductance data shall be used, with a value of 250 micromhos/cm used to estimate the 50 mg/L CaCO 3 alkalinity threshold until su ch time that alkalinity

data are available.Draft 7-17-09

10 Specific Authority 403. 061, 403.062, 403.087, 403.504, 403.704, 403.804 FS. Law Implemented 403.021, 403. 061, 403.087, 403.088, 403. 141, 403.161, 403.182, 403.502, 403.702, 403.708 FS. History – New - -09.

62-302.800 Site Specific Alternative Criteria. (1) Type I Site Specific Alternative Criteria: A water body, or portion thereof, may not meet a particular ambient water qualit y criterion specified for its classification, due to natural background conditions or man-induced conditions which cannot be

controlled or abated. In such circumstanc es, and upon petition by an affected person or upon the initiation by the Depar tment, the Secretary may es tablish a site specific alternative water quality criterion when an a ffirmative demonstration is made that an alternative criterion is more appropriate for a specified portion of wa ters of the state. Public notice and an opportunity for public heari ng shall be provided prior to issuing any order establishing alternative criteria. (a) The affirmative demonstration re quired by this section shall mean a documented showing that the proposed alter native criteria would exist due to natural background conditions or man-induced condit ions which cannot be controlled or abated. Such demonstration shall be based upon relevant factors which include: 1. A description of the physical natur e of the specified water body and the water pollution sources affecting the criterion to be altered. 2. A description of the hi storical and existing wate r quality of the parameter of concern including, spatial, seasonal, and diurnal variations, and other parameters or conditions which may affect it. Conditions in similar water bodies may be used for comparison. 3. A description of the hi storical and existing biol ogy, including variations, which may be affected by the parameter of c oncern. Conditions in similar water bodies may be used for comparison. 4. A discussion of any impacts of t he proposed alternativ e criteria on the designated use of the waters and adjoining waters. (b) The Secretary shall specify, by or der, the site specific criteria for the parameters which the Secr etary determines to have been demonstrated by the preponderance of competent substantia l evidence to be more appropriate. (2) Type II Site Specific Alternat ive Criteria: In accordance with the procedures set forth below, affected persons may petition the Department to adopt an alternative water quality criterion for a s pecific water body, or portion thereof, on the basis of site-specific reasons other t han those set forth above in subsection 62- 302.800(1), F.A.C. The Departm ent shall process any such petition as follows: (a) No later than 60 days after receipt of a petition, the Department shall review the petition and notif y the petitioner of whether the petition is sufficiently complete to enable the Department to eval uate the proposed site-specific alternative criterion under subparagraph (c) below. If the pet ition is not sufficiently complete, the Department shall request the submittal of ad ditional information. The Department shall review any additional informa tion within 60 days of receipt from the applicant and may then request only that information reasonably needed to clarify or answer new questionsDraft 7-17-09

11 directly related to the additional informa tion, unless the Departm ent shows good cause for not having requested the information previously. (b) Petitions deemed complete by the Department shall be processed under subparagraph (c). For any petit ion not deemed complete, if t he petitioner believes that additional information requested by the Department under subparagraph (a) is not necessary to the Department’s evaluation, the Department, at t he petitioner’s request, shall proceed to process the pet ition under subparagraph (c) below. (c) The Department shall initiate ru lemaking for the Commission to consider approval of the proposed alternative criterion as a rule if the pet itioner meets all the requirements of this subparagraph and its s ubparts. The petitioner must demonstrate that the proposed criterion w ould fully maintain and protect human health, existing uses, and the level of water quality necessary to protect human health and existing and designated beneficial uses. If the petition fa ils to meet any of these requirements (including the required demonstration), the Department shall iss ue an order denying the petition. In deciding w hether to initiate rulemaking or deny the petition, the Department shall evaluate the petition and other releva nt information according to the following criteria and procedures: 1. The petition shall include all the information required under subparagraphs (1)(a)1.-4. above. 2. In making the demonstration requir ed by this paragraph (c), the petition shall include an assessment of aquatic toxi city, except on a showing that no such assessment is relevant to the particular crit erion. The assessment of aquatic toxicity shall show that physical and chemical conditi ons at the site alter the toxicity or bioavailability of the com pound in question and shall meet the requirements and follow the Indicator Species procedure set forth in Water Quality Standards Handbook (December 1983), a publication of the United States Environmental Protection Agency, incorporated here by reference. If, howev er, the Indicator Species Procedure is not applicable to the proposed site-specific alternat ive criterion, the pe titioner may propose another generally accepted scientific method or procedure to demonstrate with equal

assurance that the alternativ e criterion will prot ect the aquatic life de signated use of the water body.

3. The demonstration shall also in clude a risk assessment that determines the human exposure and health risk associat ed with the proposed alte rnative criterion, except on a showing that no such assessment is relevant to the particular criterion. The

risk assessment shall include all factors and fo llow all procedures required by generally accepted scientific principles for such an a ssessment, such as analysis of existing water and sediment quality, potential transformati on pathways, the chemical form of the compound in question, indigenous species, bi oaccumulation and bioconcentration rates, and existing and potential rates of human consumpt ion of fish, shellfis h, and water. If

the results of the assessment s of health risks and aquatic to xicity differ, the more stringent result shall govern.

4. The demonstration shall include in formation indicating that one or more assumptions used in the risk assessment on wh ich the existing criterion is based are inappropriate at the site in question and that the proposed assumptions are more appropriate or that physical or chemical charac teristics of the site alter the toxicity or bioavailability of the compound. Such a variance of assumptions, however, shall not beDraft 7-17-09

12 a ground for a proposed alternative criterion unless the assumptions characterize a factor specific to the site, such as bioa ccumulation rates, rather than a generic factor, such as the cancer potency and refer ence dose of the compound. Man-induced pollution that can be controlled or abated shall not be deemed a ground for a proposed

alternative criterion. 5. The petition shall include all info rmation required for the Department to complete its economic impact statem ent for the proposed criterion. 6. For any alternative criterion more stringent than the existing criterion, the petition shall include an analysis of the atta inability of the alternative criterion. 7. No later than 180 days after receip t of a complete petition or after a petitioner requests processing of a petiti on not found to be complete, the Department shall notify the petitioner of its decision on the petition. T he Department shall publish in the Florida Administrative Weekly eit her a notice of rulemaking for the proposed

alternative criterion or a not ice of the denial of the petition, as appropriate, within 30 days after notifying the petitioner of the decision. A denial of the petition shall become final within 14 days unless timely c hallenged under Secti on 120.57, F.S. (d) The provisions of this subsection do not apply to criteria contained in Rule 62-302.500, F.A.C., or cr iteria that apply to: 1. Biological Integrity (sub section 62-302.530(10), F.A.C.)

. 2. B.O.D. (subsecti on 62-302.530(11), F.A.C.).

3. Nutrients.

3. 4. Odor (subsections 62-302.500(1) , 62-302.530(21), 62-302.530(48), and paragraphs 62-302.530 (49)(b) and 62-302.530(52)(a), F.A.C.)

. 4. 5. Oils and Greases (subsec tion 62-302.530(49), F.A.C.)

. 5. 6. Radioactive Substances (subsection 62-302.530(57), F.A.C.)

. 6. 7. Substances in concentrations that injure, are chronically toxic to, or produce adverse physiological or behaviora l response in humans, animals, or plants (subsection 62-302.530(61), F.A.C.)

. 7. 8. Substances, other than nutrients, in concentrations that result in the dominance of nuisance species (s ubsection 62-302.200(20), F.A.C.)

. 8. 9. Total Dissolved Gases (subsection 62-302.530(66), F.A.C.)

. 9. 10. Any criterion or maximum concentration based on or set forth in paragraph 62-4.244(3)(b), F.A.C. (e) Despite any failure of the Department to meet a deadline set forth in this subsection (2), the grant of an alternative criterion sha ll not become effective unless approved as a rule by the Commission. (f) Nothing in this rule shall alter t he rights afforded to affected persons by Chapter 120, F.S. (3) Type III Site Specific Alternativ e Criteria: Upon petition by an affected person or upon the initiation by the Departm ent, the Department may establish site specific alternative criteria for nutrients w hen an affirmative demonstration is made that the proposed alternative criteria are fully protective of t he designated use for a specified portion of waters of the stat e. Public notice and an opportuni ty for public hearing shall be provided prior to adopting any order es tablishing alternative criteria under this

subsection.Draft 7-17-09

13 (a) A Type III Site Specific Alternativ e Criterion shall only be established under the following conditions: 1. The petitioner demons trates that the waterbody fully supports the designated use for aquatic life pursuant to subsection 62-302.800(4), F.A.C., at two spatially-independent stations representative of the water body. Biological health

assessments shall be conducted in the final two years of the wa ter quality sampling period described in paragraph 2 below and shall consist of a minimum of two assessments per station. 2. The petitioner provides sufficient data to define existing water quality, including temporal variability, such as wa ter quality data collected at the biological monitoring stations on a bi-monthly basis over a three year period. 3. Water quality of downstream waters are attaining water quality standards pursuant to Chapter 62-303, F.A.C., related to nutrient conditions, or the nutrients delivered by this waterbody meet t he allocations of a downstream TMDL. (b) The Type III Site Specific Alternat ive Criterion shall be established at a level representative of nutrient concentra tions that have been demonstrated to be protective of the designated use, while ta king into account natural variability by using statistical methods appropr iate to the data set. (c) The Type III Site Specific Alternat ive Criterion shall not be issued if the Department demonstrates nonatta inment of the designated use in the petitioned waters

or downstream waters due to nutrient enrichm ent. This demonstration shall be based on scientifically-defensible evidence, incl uding WQBELs developed pursuant to Chapter 62-650, F.A.C., or TMDLs adopted in Chapter 62-304, F.A.C. (4) Biological health assessments are used as an indicator of designated use support of propagation and maintenance of a healthy, well -balanced population of fish and wildlife (Classes I, II, and III). Biol ogical health assessments will be used by the Department as information to determine if a site specific alternative criterion is appropriate and that the designat ed use is fully protected. (a) Full support of the designated us e for propagation and maintenance of a healthy, well-balanced popul ation of fish and wildlife is indicated when the average of the two most recent tempor ally independent Stream Conditi on Index (SCI) scores or Lake Vegetation Index (LVI) scores at the same location are 40 or above (SCI) or 46 or above (LVI). (b) It is the Department’s intent to maintain the bi ological health of aquatic

communities where the historic maximum val ue, as defined in paragraph (d) below, of

the SCI is above 64 or the LVI is above 78. T he waterbody is not eligible for the site specific alternative criterion pursuant to paragraph (3) above if t he average of the two most recent temporally independent Stream Condition Index or Lake Vegetation Index

scores at the same location is 20 or more points below the historic maximum value. (c) To qualify as temporally indepen dent samples, each biological health

assessment shall be conducted at least thre e months apart. Bi ological health

assessments collected at the same locati on less than three months apart shall be considered to be one sample, with the mean value used to represent the sampling period. (d) The “historic maximum value” s hall be the highest mean of any three consecutive, temporally i ndependent Stream Condition I ndex (SCI) scores or LakeDraft 7-17-09

14 Vegetation Index (LVI) scores at the same lo cation that are collect ed prior to the two most recent samples being considered for evaluation with this provision. (5) (3) The Department shall modify permits of existing sources affected in a

manner consistent with t he Secretary’s Order. (6) (4) Additional relief from criteria est ablished by this Chapter may be provided through exemption pursuant to section Rule 62-4.243, F.A.C., or variances as provided for by section Rule 62-110.104, F.A.C. (7) (5) Site specific alternative criteria apply to the water bodies, or portions of the water bodies, listed below. For dissolved oxygen site specific alternative criteria, normal daily and seasonal fluctuations above the levels listed in the table below shall be

maintained. (a) Types I, II, and III Site S pecific Alternative Criteria:

Water Body and

Class Site Specific Alternative Criteria County(s)

1. (a) Marine portions of the

lower St. Johns

River and its tributaries) between Julington Creek and

the mouth of the

river. Class III. Dissolved Oxygen not less than a minimum concentration of 4.0 mg/L, and a Total Fractional Exposure not greater than 1.0 over an annual evaluation period as defined by the following equation:

where the number of days in an interval is based on the daily average Dissolved Oxygen concentration. Duval/Clay/

St. Johns

2. (b) Discharge

wetlands at the Orange County

Eastern Water

Reclamation Facility. Class III. pH of not greater than 8.5 standard units. Orange

(b) Numeric Nutrient Site Specific Alte rnative Criteria are also established as Total Maximum Daily Loads under Chapter 62-304, F.A.C. Fo r waterbodies that do not have both Total Phosphorus (TP) and Total Nit rogen (TN) criteria listed in the table below, the criteria for the unlisted parameter shall be the highest annual geometric Max day 55 mg/L 5.0

- 4.8 between Days

Max day 47 mg/L 4.8

- 4.6 between Days

Max day 30 mg/L 4.6

- 4.4 between Days Max day 21 mg/L 4.4

- 4.2 between Days

Max day 16 mg/L 4.2

- 4.0 between Days

Exposure Fractional Total

< + < + < + < + <

= ⎟ ⎠ ⎞ ⎜ ⎝ ⎛Draft 7-17-09

15 mean for the unlisted parameter during the per iod that the Total Maximum Daily Load

was calculated.

Basin Water Body Site Specific Alternative Criteria

1. Lower Suwannee

River Basin a. Suwannee River (downstream of the confluence with the Withlacoochee River) 0.35 mg/L nitrate-Nitrogen as a monthly average

b. Branford Springs 0.35 mg/L nitrate-Nitrogen as a monthly average c. Falmouth Springs 0.35 mg/L nitrate-Nitrogen as a monthly average d. Royal Springs 0.35 mg/L nitrate-Nitrogen as a monthly average e. Ruth Springs 0.35 mg/L nitrate-Nitrogen as a monthly average f. Troy Springs 0.35 mg/L nitrate-Nitrogen as a monthly average g. Fanning Springs 0.35 mg/L nitrate-Nitrogen as a monthly average h. Manatee Springs 0.35 mg/L nitrate-Nitrogen as a monthly average i. Lower Suwannee Estuary 0.35 mg/L nitrate-Nitrogen as a monthly average

2. Santa Fe Basin a. Santa Fe River (below River Rise) 0.35 mg/L nitrate-Nitrogen as a monthly average b. Alligator Lake 42,595 pounds/year of TN 3,050 pounds/year of TP

3. Lower St. Johns

River Basin a. Lower St. Johns River (freshwater portions from Buffalo Bluff to Black Creek) 500,325 kilograms/year of TP 8,571,563 kilograms/year of TN

b. Lower St. Johns River (marine portions from Black Creek to river mouth) 1,376,855 kilograms/year of TN

4. Ocklawaha Basin a. Lake Apopka (including Lake Apopka Outlet and Gourd Neck Spring) 15.9 metric tons/year of TP

b. Lake Beauclair 7,056 pounds/year of TP

c. Lake Dora and Dora Canal 13,230 pounds/year of TP

d. Lake Eustis and Haines

Creek 20,286 pounds/year of TP

e. Lake Griffin 26,901 pounds/year of TP
f. Lake Harris, Little Lake Harris, and Helena Run 18,302 pounds/year of TPDraft 7-17-09

16 g. Lake Wauberg 2,062 pounds/year of TN 374 pounds/year of TP

h. Lake Yale and Lake Yale

Canal 2,844 pounds/year of TP

i. Newnans Lake 85,470 pounds/year of TN 10,924 pounds/year of TP j. Orange Lake 15,262 pounds/year of TP

k. Palatlakaha River 16,696 pounds/year of TN 2,207 pounds/year of TP

l. Trout Lake 9,733 pounds/year of TN 521 pounds/year of TP

m. Lake Carlton 195 pounds/year of TP

n. Alachua Sink 256,322 pounds/year of TN as a longterm annual average

5. Middle St. Johns

River Basin a. Lake Jesup 247.3 tons/year of TN 19.0 tons/year of TP

b. Crane Strand Drain 13.5 tons/year of TN c. Long Branch 0.74 tons/year of TP 5.20 tons/year of TN 6. Wekiva Springs Study Area a. Wekiwa Spring 0.286 mg/L nitrate 0.065 mg/L TP b. Wekiva River Upstream Segment 0.286 mg/L nitrate 0.065 mg/L TP

c. Wekiva River Downstream Segment 0.286 mg/L nitrate 0.065 mg/L TP d. Rock Springs 0.286 mg/L nitrate 0.065 mg/L TP e. Rock Springs Run 0.286 mg/L nitrate 0.065 mg/L TP

f. Little Wekiva Canal 42,624 pounds/year of TN g. Spring Lake 8,551 pounds/year of TN 641 pounds/year of TP

h. Lake Florida 8,377 pounds/year of TN 571 pounds/year of TP

i. Lake Orienta 6,092 pounds/year of TN 451 pounds/year of TP j. Lake Adelaide 3,003 pounds/year of TN 228 pounds/year of TP

k. Lake Lawne 21,692 pounds/year of TN 2,005 pounds/year of TP

l. Silver Lake 6,241 pounds/year of TN 370 pounds/year of TP m. Bay Lake 1,428 pounds/year of TN 109 pounds/year of TPDraft 7-17-09

17 7. Upper St. Johns

River a. St. Johns River above Lake

Poinsett 89 tons/year of TP

b. Lake Hell n’ Blazes 44 tons/year of TP

c. St. Johns River above Sawgrass Lake 57 tons/year of TP

8. Indian River Lagoon a. Indian River above Max Brewer Causeway 177,220 pounds/year of TN 9,320 pounds/year of TP

b. Indian River above NASA Causeway 173,232 pounds/year of TN 14,793 pounds/year of TP

c. Indian River above 520 Causeway 147,524 pounds/year of TN 11,845 pounds/year of TP

d. Indian River above Melbourne Causeway 189,068 pounds/year of TN 20,592 pounds/year of TP

e. Indian River above

Sebastian Inlet and the

northern South Indian River 684,715 pounds/year of TN 111,594 pounds/year of TP

f. Central and southern South

Indian River 278,273 pounds/year of TN 53,599 pounds/year of TP g. Banana River above Barge

Canal 115,314 pounds/year of TN 7,825 pounds/year of TP

h. Banana River below 520 Causeway and Banana River above 520 Causeway 144,780 pounds/year of TN 12,181 pounds/year of TP

i. Newfound Harbor 30,661 pounds/year of TN 3,247 pounds/year of TP

9. Alafia River a. Thirty Mile Creek 3.0 mg/L of TN as a monthly average and 1.6 mg/L of TN as an annual

average 10. Hillsborough

River Basin a. Lake Hunter 6,579 pounds/year of TN as an annual average 489 pounds/year of TP as an annual

average
11. Peace River

Basin a. Lake Cannon 143 kilograms/year of TP

b. Lake Howard 143 kilograms/year of TP c. Lake Idylwild 64 kilograms/year of TP

d. Lake Jessie 140 kilograms/year of TP

e. Lake Lulu 84 kilograms/year of TP f. Lake May 88 kilograms/year of TP g. Lake Mirror 55 kilograms/year of TP h. Lake Shipp 97 kilograms/year of TP

12. Southeast Florida

District a. Lake Okeechobee 140 metric tons of TP, using a 5-year rolling average of the monthly loads

calculated from measured flow and

concentration valuesDraft 7-17-09

18 13. St. Lucie Basin a. St. Lucie Estuary (Lower and Middle Estuary) WBID

3193 0.081 mg/L of TP 0.72 mg/L of TN

b. North Fork St. Lucie River (Freshwater) WBID 3194 0.081 mg/L of TP 0.72 mg/L of TN 140,134 pounds/year of TN 15,765 pounds/year of TP

c. North Fork St. Lucie River (Estuarine North Fork) WBID

3194B 0.081 mg/L of TP 0.72 mg/L of TN 103,174 pounds/year of TN 11,672 pounds/year of TP

d. C-24 Canal WBID 3197 0.081 mg/L of TP 0.72 mg/L of TN 348,957 pounds/year of TN 39,258 pounds/year of TP

e. C-23 Canal WBID 3200 0.081 mg/L of TP 0.72 mg/L of TN 242,202 pounds/year of TN 27,248 pounds/year of TP

f. South Fork St. Lucie Estuary WBID 3210 0.081 mg/L of TP 0.72 mg/L of TN 24,463 pounds/year of TN 2,752 pounds/year of TP g. South Fork St. Lucie River

WBID 3210A 0.081 mg/L of TP 0.72 mg/L of TN 90,471 pounds/year of TN 10,178 pounds/year of TP h. Bessey Creek WBID 3211 0.081 mg/L of TP 0.72 mg/L of TN 29,981 pounds/year of TN 3,373 pounds/year of TP

i. C-44 Canal WBID 3218 0.081 mg/L of TP 0.72 mg/L of TN 242,929 pounds/year of TN 27,330 pounds/year of TP 14. Pompano Canal a. Pompano Canal 11,590.98 pounds/year of TN 923.66 pounds/year of TP 15. Everglades West

Coast Basin a. Hendry Creek 0.6 mg/L of TN as an annual median

b. Imperial River 0.74 mg/L of TN as an annual median

c. Gordon River Extension 0.74 mg/L of TN as an annual median

Specific Authority 403.061, 403.062, 403.087, 403.504, 403. 704, 403.804, 403.805 FS. Law Implemented 403.021, 403.061, 403.087, 403.088, 403.141, 403.161, 403.201, 403.502 FS. History–Formerly 17-3.05(4), Am ended 3-1-79, 10-2-80, 2-1-83, FormerlyDraft 7-17-09

19 17-3.031, Amended 6-17-92, Form erly 17-302.800, Amended 5-15- 02, 1-9-06, 6-28-06, 12-7-06, 8-5-07, - -09

.