Rick Scott Florida Department of Governor Environmental Protection Carlos Lopez-Cantera Marjory Stoneman Douglas Building Lt. Governor 3900 Commonwealth Boulevard Tallahassee, Florida 32399-3000 Jonathan P. Steverson Secretary

January 4,2016

Suzanne Printy, Esq. Joint Administrative Procedures Committee o 111 W. Madison Street, Room 680 Pepper Building Tallahassee, Florida 32399 nil-1 en Re: Chapter 62-302 (Surface Water Quality Standards-Triennial Review); r"' Notice of Change; OGC No.15-0179

Dear Ms. Printy:

The Department made changes to the above-referenced rule based on comments from the Joint Administrative Procedures Committee (JAPC), and amendments presented at the Environmental Regulation Commission (ERC) hearing held on December 9, 2015. Enclosed is a copy of the official and unofficial notice of change, which was published in the Florida Administrative Register (FAR) on December 31, 2015.

Below is a list of the amendments made to the proposed rule with an explanation for each amendment:

Subsection 62-302.200(19). F.A.C. (19) "Natural background" shall mean the condition of waters in the absence of man-induced alterations based on the best scientific information available to the Department. The establishment of natural background for an altered waterbody may be based upon a similar unaltered waterbody, historical pre- alteration data, paleolimnological examination of sediment cores, or examination of geology and soils. When determining natural background conditions for a lake, the lake's location and regional characteristics as described and depicted in the U.S. Environmental Protection Agency document titled Lake Regions of Florida (EPA/R-97/127, dated 1997, U.S. Environmental Protection Agency, National Health and Environmental Effects Research Laboratory, Corvallis, OR) (http://www flrules.org/Gateway/reference.asp?No=Ref-Q6267), which is incorporated by reference herein, shall also be considered. The lake regions in this document are grouped according to ambient total phosphorus and total nitrogen concentrations in the following lake zones: Suzanne Printy, Esq. Page 2 January 4, 2016

(a) through (j) No change. (k) The TN5 nitrogen zone consists of the USEPA Lake Regions 75-07,75- 08, 75-25, 75-28, 75-30, 75-35, 75-36, 75-37, 76-01 and 76-04. The Lake Regions document may be obtained from the website above or by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399- 2400.

The Department proposed the above amendment requested by an ERC commissioner to explain that the Lake Regions document may be obtained from the web link associated with the Department of State's website.

Paragraphs 62-302.300(19RbHe). F.A.C.; (19) The implementation of numeric nutrient standards under Rules 62- 302.531 and 62-302.532, F.A.C., shall be implemented consistent with the document titled "Implementation of Florida's Numeric Nutrient Standards," dated April 2013 (http://www.flrules.org/Gatewav/reference.asp?No=Ref- 02905), which is incorporated by reference herein. Copies of this document may be obtained by writing to the Florida Department of Environmental Protection, Water Quality Standards Program, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400. This document references the following documents, which are incorporated by reference and mav be obtained from the address above.

(a) The following documents are incorporated by reference herein and may be obtained from the address above:

The Department proposed the above amendment to identify how all of the documents incorporated in paragraphs 62-302.300(19)(b)-(e) may be obtained by the public, in response to a concern raised by JAPC.

Subparagraph 62-302.400(15Kb)5. F.A.C.; All or portions of the Mosquito Lagoon, Banana River, Newfound Harbor, Indian River, and Goat, Kid and Trout Creeks, as shown on the maps titled "Class II Wwaters in Brevard County. November October 2015," which are incorporated by reference herein.

The Department proposed the above amendment to edit the maps for Class II waters in Brevard County for clarity.

Subparagraph 62-302.400(15)(b)9.. F.A.C.: All coastal waters and tidal creeks within the county, excluding (a) waters landward of the mouths of Bungalou Pass, East Pass, Johns Creek, Trout Creek, and the Cross Florida Barge Canal entrance next to Trout Creek, (b) Crystal Suzanne Printy, Esq. Page 3 January 4, 2016

River, (c) a portion of the Salt River south of the northern juncture of Salt Creek, and (d) the St. Martins River from its mouth to Greenleaf Bay, all as shown on the map titled "Class II Wwaters in Citrus County, November October 2015," which is incorporated by reference herein.

The Department proposed the above amendment to edit the map for Class II waters in Citrus County for clarity.

Subparagraph 62-302.400(15)tbH5.. F.A.C.: All coastal waters within the county, excluding the mouth of the Suwannee River and its passes, as shown on the map titled "Class II Wwaters in Dixie County, November October 2015," which is incorporated by reference herein.

The Department proposed the above amendment to edit the map for Class II waters in Dixie County for clarity.

Subparagraph 62-302.400(1510)119.. F.A.C.: All or portions of Alligator Harbor, Apalachicola Bay, East Bay and its tributaries, the coastal waters north of a line from Peninsula Point on Alligator Point to the southeastern tip of Dog Island, Ochlockonee Bay, St. George Sound, and St. Vincent Sound, as shown on the maps titled "Class II Wwaters in Franklin County, November October 2015," which are incorporated by reference herein.

The Department proposed the above amendment to edit the maps for Class II waters in Franklin County for clarity.

Subparagraph 62-302.400(15frbl29.. F.A.C.: All or portions of Tampa Bay, Old Tampa Bay, and Mobbly Bay, excluding waters in the Tampa Harbor Channel and waters north of SR 580 in Rocky and Double Branch Creeks, as shown on the map titled "Class II Wwaters in Hillsborough County, November October 2015," which is incoiporated by reference herein.

The Department proposed the above amendment to edit the map for Class II waters in Hillsborough County for clarity.

Subparagraph 62-302.400(15)^)31.. F.A.C.; Portions of Indian River, as shown on the maps titled "Class II Wwaters in Indian River County, November October 2015," which are incorporated by reference herein.

The Department proposed the above amendment to edit the maps for Class II waters in Indian River County for clarity. Suzanne Printy, Esq. Page 4 January 4, 2016

Subparagraph 62-302.400(15)(b)38., F.A.C.: All coastal waters and tidal creeks in the county, excluding the mouth of the Suwannee River and its passes, portions of Alligator Pass and Cedar Key, and the mouth of the Withlacoochee River, as shown on a map titled "Class II Wwaters in Levy County, November October 2015," which is incorporated by reference herein.

The Department proposed the above amendment to edit the map for Class II waters in Levy County for clarity.

Subparagraph 62-302.400(1510)156.. F.A.C.: Portions of Indian River, as shown on the map titled "Class II Wwaters in St. Lucie County, November October 2015," which is incorporated by reference herein.

The Department proposed the above amendment to edit the map for Class II waters in St. Lucie County for clarity.

Subparagraph 62-302.400(15)tb)64., F.A.C.: All or portions of Indian River (Indian River Lagoon) North, Indian River Lagoon, and Mosquito Lagoon, as shown on the maps titled "Class II Wwaters in Volusia County, November October 2015," which are incorporated by reference herein.

The Department proposed the above amendment to edit the maps for Class II waters in Volusia County for clarity.

Subparagraph 62-302.400tl5)(b)66„ F.A.C.: Portions of Choctawhatchee Bay and its tributaries, as shown on the map titled "Class II Wwaters in Walton County, November October 2015," which is incorporated by reference herein.

The Department proposed the above amendment to edit the map for Class II waters in Walton County for clarity.

Subsection 62-302.530(3), F.A.C.;

The Department deleted the following text from the criteria table as proposed in the Notice of Proposed Rule:

freshwater mussels in the Order Unionoida are naturally absent, the 30 day average TAN value shall not exceed the average of the values calculated frea Suzanne Printy, Esq. Page 5 January 4, 2016

the following eeuation. with no single value exceeding 2.5 times the value-frem the equation:

SO—day Average

( 0.027S t 1.1094 ^ - 0.8876 x + (j + 10?7688-»# i + iQeu-j-ms) *-(2.126 X iQQ-oagxfao-M^Cr^

The affirmative demonstration shall follow the methods described in Technical Suvvort Document for Conducting and Reviewing Freshwater Mussel Occurrence Surveys for the Development of Site specific Water Quality Criteria for Ammonia. EPA 800 R-13 003. U.S. Environmental Protection Agency.

and follow the sensitive species deletion process described in Revised Deletion Process for the Site Specific Recalculation Procedure for Aquatic Life Criteria EPA 823 R 13 001. U.S. Environmental Protection Agency. April 2013

incorporated by reference herein.

The Department proposed the above amendment in response to discussions with the Environmental Protection Agency (EPA).

The Department revised its Statement of Estimated Regulatory Cost, once staff decided to remove the alternative equation for total ammonia based on discussions with EPA. Accordingly, I have also enclosed a Second Revised Statement of Estimated Regulatory Costs for Rule 62-302.530, with its associated Second Revised Cost Estimate.

Lastly, I have enclosed the revised maps of the above referenced Class II waters, which are incorporated by reference in Section 62-302.400, F.A.C., and were approved by the ERC on December 9, 2015.

If you have any questions, please call me at your earliest convenience at (850) 245-2219 or (850) 245-8361.

Sincerely,

0fy&CfU-l' ^ s Stacey D. Rowley (y Senior Assistant General Counsel f

SDC/sc Enclosures cc: Daryll Joyner ~D Eric Shaw