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History -- New
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PART
II
THE
PLANNING LIST
62-303.300
Methodology to Develop the Planning List.
(1)
This part establishes a methodology for developing a planning list of waters
to be assessed pursuant to subsections 403.067(2) and (3), F.S.
A waterbody shall be placed on the planning list if it fails to meet
the minimum criteria for surface waters established in Rule 62-302.500, F.A.C.;
any of its designated uses, as described in this part; or applicable water
quality criteria, as described in this part.
It should be noted that water quality criteria are designed to protect
either aquatic life use support, which is addressed in sections
62-303.310-353, or to protect human health, which is addressed in sections
62-303.360-380. (2)
Waters on the list of water segments submitted to EPA in 1998 that do not meet
the data sufficiency requirements for the planning list shall nevertheless be
included in the state’s initial planning list developed pursuant to this
rule. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
.
62-303.310 Evaluation
of Aquatic Life Use Support.
A Class I, II, or III water shall be placed on the planning list for
assessment of aquatic life use support (propagation and maintenance of a
healthy, well-balanced population of fish and wildlife) if, based on
sufficient quality and quantity of data, it:
(1) exceeds applicable aquatic life-based water quality criteria as
outlined in section 62-303.320,
(2) does not meet biological assessment thresholds for its water
body type as outlined in section 62-303.330,
(3) is acutely or chronically toxic as outlined in section
62-303.340, or
(4) exceeds nutrient thresholds as outlined in section 62-303.350. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
.
62-303.320 Exceedances
of Aquatic Life-Based Water Quality Criteria.
(1) Water segments shall be placed on the planning list if, using
objective and credible data, as defined by the requirements specified in this
section, the number of exceedances of an applicable water quality criterion
due to pollutant discharges is greater than or equal to the number listed in
Table 1 for the given sample size. This
table provides the number of exceedances that indicate a minimum of a 10%
exceedance frequency with a minimum of an
80% confidence level using a binomial distribution.
(2) The U.S. Environmental Protection Agency’s
Storage and Retrieval (STORET) database shall be the primary source of data
used for determining water quality criteria exceedances. As required by rule 62-40.540(3), F.A.C., the Department,
other state agencies, the Water Management Districts, and local governments
collecting surface water quality data in Florida shall enter the data into
STORET within one year of collection. Other
sampling entities that want to ensure their data will be considered for
evaluation should ensure their data are entered into STORET.
The Department shall consider data submitted to the Department from
other sources and databases if the data meet the sufficiency and data quality
requirements of this section.
(3) When determining water quality criteria exceedances, data older
than ten years shall not be used to develop planning lists.
Further, more recent data shall take precedence over older data if:
(a) the newer data indicate a change in water quality and this
change is related to changes in pollutant loading to the watershed or improved
pollution control mechanisms in the watershed contributing to the assessed
area, or
(b) the Department determines that the older data do not meet the
data quality requirements of this section or are no longer representative of
the water quality of the segment.
The Department shall note for the record that the older data were
excluded and provide details about why the older data were excluded.
(4) To be assessed for water quality criteria exceedances using
Table 1, a water segment shall have a minimum of ten, temporally independent
samples for the ten year period. To
be treated as an independent sample, samples from a given station shall be at
least one week apart. Samples
collected at the same location less than seven days apart shall be considered
as one sample, with the median value used to represent the sampling period.
However, if any of the individual values exceed acutely toxic levels,
then the worst case value shall be used to represent the sampling period.
The worst case value is the minimum value for dissolved oxygen, both
the minimum and maximum for pH, or the maximum value for other parameters.
However, when data are available from diel or depth profile studies,
the lower tenth percentile value shall be used to represent worst case
conditions. For the purposes of
this chapter, samples collected within 200 meters of each other will be
considered the same station or location, unless there is a tributary, an
outfall, or significant change in the hydrography of the water.
Data from different stations within a water segment shall be treated as
separate samples even if collected at the same time.
However, there shall be at least five independent sampling events
during the ten year assessment period, with at least one sampling event
conducted in three of the four seasons of the calendar year. For the purposes of this chapter, the four seasons shall be
January 1 through March 31, April 1 through June 30, July 1 through September
30, and October 1 through December 31.
(5) Notwithstanding the requirements of paragraph (4), water
segments shall be included on the planning list if:
(a) there are less than ten samples for the segment, but there are
three or more temporally independent exceedances of an applicable water
quality criterion, or
(b) there are more than one exceedance of an acute toxicity-based
water quality criterion in any three year period.
(6) Values
that exceed
possible physical or chemical measurement constraints (pH greater than 14,
for example) or
that represent data transcription errors shall be excluded from the
assessment. Outliers
identified through statistical procedures shall be evaluated
to determine whether they represent valid measures of water quality.
If the Department determines that they are not valid, they shall
be excluded from the assessment.
However, the Department shall note for the record that the data were
excluded and explain why they were excluded.
(7) The Department shall consider all readily available water
quality data. However, to be used
to determine water quality exceedances,
(a) data shall be collected and analyzed in accordance with Chapter
62-160, F.A.C., and
(b) for data collected after one year from the effective date of
this rule, the sampling agency must provide to
the Department, either directly or through entry into STORET, all
of the
(8) To be used to determine exceedances of metals criteria,
(a) surface water data for mercury shall be collected and analyzed
using clean sampling and analytical techniques, and
(b) the corresponding hardness value shall be required to
determine exceedances of freshwater metals criteria that are hardness
dependent, and if the ambient hardness value is less than 25 mg/L as CaCO3,
then a hardness value of 25 will be used to calculate the criteria.
If data are not used due to sampling or analytical techniques or
because hardness data were not available, the Department shall note for the
record that data were excluded and explain why they were excluded.
(9) Surface water data with values below the applicable practical
quantification limit (PQL) or method detection limit (MDL) shall be assessed
in accordance with Rules 62-4.246(6)(b)-(d) and (8), F.A.C.
(a) If sampling entities want to ensure that their data will be
considered for evaluation, they should review the Department’s list of
approved MDLs and PQLs developed pursuant to Rule 62-4.246, F.A.C., and, if
available, use approved analytical methods with MDLs below the applicable
water quality criteria. If there
are no approved methods with MDLs below a criterion, then the method with the
lowest MDL should be used. Analytical
results listed as below detection or below the MDL shall not be used for
developing planning lists if the MDL was above the criteria and there were, at
the time of sample collection, approved analytical methods with MDLs below the
criteria on the Department’s list of approved MDLs and PQLs.
(b) If appropriate analytical methods were used, then data with
values below the applicable MDL will be deemed to meet the applicable water
quality criterion and data with values between the MDL and PQL will be deemed
to be equal to the MDL.
(10) It should be noted that the data requirements of this rule
constitute the minimum data set needed to assess a water segment for
impairment. Agencies or groups
designing monitoring networks are encouraged to consult with the Department to
determine the sample design appropriate for their specific monitoring goals. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
.
62-303.330 Biological
Assessment.
(1) Biological data must meet the requirements of paragraphs (3) and
(7) in section 62-303.320.
(2) Bioassessments used to assess streams and lakes under this rule
shall include BioRecons, Stream Condition Indices (SCIs), and the benthic
macroinvertebrate component of the Lake Condition Index (LCI), which only
applies to clear lakes with a color less than 20
(3) Water segments with at least one failed bioassessment or one
failure of the biological integrity standard, Rule 62-302.530(11), shall be
included on the planning list for assessment of aquatic life use support.
(a) In streams, the bioassessment can be an SCI or a BioRecon.
Failure of a bioassessment for streams consists of a “poor” or
“very poor” rating on the Stream Condition Index, or not meeting the
minimum thresholds established for all three metrics (taxa richness,
Ephemeroptera/Plecoptera/Tricoptera Index, and Florida Index) on the BioRecon.
(b) Failure for lakes consists of a “poor” or “very poor”
rating on the Lake Condition Index.
(4) Other information relevant to the biological integrity of the
water segment, including information about alterations in the type, nature, or
function of a water, shall also be considered when determining whether aquatic
life use support has been maintained. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
.
62-303.340 Toxicity.
(1) All toxicity tests used to place a water segment on a planning
list shall be based on surface water samples in
the receiving water body and shall be conducted and evaluated in
accordance with Chapter 62-160, F.A.C., and subsections 62-302.200(1) and (4),
F.A.C., respectively.
(2) Water segments with two samples indicating acute toxicity within
a twelve month period shall be placed on the planning list.
Samples must be collected at least two weeks apart over a twelve month
period, some time during the ten years preceding the assessment.
(3) Water segments with two samples indicating chronic toxicity
within a twelve month period shall be placed on the planning list.
Samples must be collected at least two weeks apart, some time during
the ten years preceding the assessment. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
. 62-303.350
Interpretation of Narrative Nutrient Criteria.
(1) Trophic state indices (TSIs) and annual mean chlorophyll a
values shall be the primary means for assessing whether a water should be
assessed further for nutrient impairment.
Other information indicating an imbalance in flora or fauna due to
nutrient enrichment, including, but not limited to, algal blooms, excessive
macrophyte growth, decrease in the distribution (either in density or areal
coverage) of seagrasses or other submerged aquatic vegetation, changes in
algal species richness, and excessive diel oxygen swings, shall also be
considered.
(2) To be used to determine whether a water should be assessed
further for nutrient enrichment,
(a) data must meet the requirements of paragraphs (2)-(4), (6), and
(7) in rule 62-303.320,
(b) at least one sample from each season shall be required in any
given year to calculate a Trophic State Index (TSI) or an annual mean
chlorophyll a value for that year, and
(c) there must be annual means from at least four years, when
evaluating the change in TSI over time pursuant to paragraph 62-303.352(3).
(3) When comparing changes in chlorophyll a or TSI values to
historical levels, historical levels shall be based on the lowest five-year
average for the period of record. To
calculate a five-year average, there must be annual means from at least three
years of the five-year period. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
. 62-303.351
Nutrients in Streams. A
stream or stream segment shall be included on the planning list for nutrients
if the following biological imbalances are observed: (1)
algal mats are present in sufficient quantities to pose a nuisance or hinder
reproduction of a threatened or endangered species, or (2)
annual mean chlorophyll a concentrations are greater than 20 ug/l or if data
indicate annual mean chlorophyll a values have increased by more than 50% over
historical values for at least two consecutive years. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History -- New
. 62-303.352
Nutrients in Lakes. For
the purposes of evaluating nutrient enrichment in lakes, TSIs shall be
calculated based on the procedures outlined on pages 86 and 87 of the
State’s 1996 305(b) report, which are incorporated by reference.
Lakes or lake segments shall be included on the planning list for
nutrients if: (1)
For lakes with a mean color greater than 40 platinum cobalt units, the annual
mean TSI for the lake exceeds 60, unless paleolimnological information
indicates the lake was naturally greater than 60, or (2) For lakes with a mean color less than or equal
to 40 platinum cobalt units, the annual mean TSI for the lake exceeds 40,
unless paleolimnological information indicates the lake was naturally greater
than 40, or (3)
For any lake, data indicate that annual mean TSIs have increased over the
assessment period, as indicated by a positive slope in the means plotted
versus time, or the annual mean TSI has increased by more than 10 units over
historical values. When
evaluating the slope of mean TSIs over time, the Department shall use a
Mann’s one-sided, upper-tail test for trend, as described in Nonparametric
Statistical Methods by M. Hollander and D. Wolfe (1999 ed.), pages 376 and 724
(which are incorporated by reference), with a 95% confidence level. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
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62-303.353
Nutrients in Estuaries. Estuaries
or estuary segments shall be included on the planning list for nutrients if
their annual mean chlorophyll a for any year is greater than 11 ug/l or if
data indicate annual mean chlorophyll a values have increased by more than 50%
over historical values for at least two consecutive years. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History -- New
.
62-303.360
Primary Contact and Recreation Use Support. (1)
A Class I, II, or III water shall be placed on the planning list for primary
contact and recreation use support if: (a)
the water segment does not meet the applicable water quality criteria for
bacteriological quality based on the methodology described in section
62-303.320, or (b)
the water segment includes a bathing area that was closed by a local health
Department or county government for more than one week or more than once
during a calendar year based on bacteriological data, or (c)
the water segment includes a bathing area for which a local health Department
or county government has issued closures, advisories, or warnings totaling 21
days or more during a calendar year based on bacteriological data, or (d)
the water segment includes a bathing area that was closed or had advisories or
warnings for more than 12 weeks during a calendar year based on previous
bacteriological data or on derived relationships between bacteria levels and
rainfall or flow. (2)
For data collected after August 1, 2000, the Florida Department of Health (DoH)
database shall be the primary source of data used for determining bathing area
closures.
(3) Advisories, warnings, and closures based on red tides, rip
tides, sewage spills, sharks, medical wastes, hurricanes, or other factors not
related to chronic discharges of pollutants shall not be included when
assessing recreation use support. However,
the Department shall note for the record that data were excluded and explain
why they were excluded. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History -- New
. 62-303.370
Fish and Shellfish Consumption Use Support. A
Class I, II, or III water shall be placed on the planning list for fish and
shellfish consumption if: (1)
the water segment does not meet the applicable Class II water quality criteria
for bacteriological quality based on the methodology described in section
62-303.320, or (2)
there is either a limited or no consumption fish consumption advisory, issued
by the DoH, or other authorized governmental entity, in effect for the water
segment, or (3) for Class II waters, the water segment includes
an area that has been approved for shellfish harvesting by the Shellfish
Evaluation and Assessment Program, but which has been downgraded from its
initial harvesting classification to a more restrictive classification. Changes in harvesting classification from prohibited to
unclassified do not constitute a downgrade in classification. Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History -- New
. 62-303.380
Drinking Water Use Support and Protection of Human Health. (1)
A Class I water shall be placed on the planning list for drinking water use
support if: (a)
the water segment does not meet the applicable Class I water quality criteria
based on the methodology described in section 62-303.320, or (b) a public water system demonstrates to the
Department that either: 1. Treatment costs to meet applicable drinking
water criteria have increased by at least 25% to treat contaminants that
exceed Class I criteria or to treat blue-green algae or other nuisance algae
in the source water, or 2. the system has changed to an alternative supply
because of additional costs that would be required to treat their surface
water source. (c) When determining increased treatment costs
described in paragraph (b), costs due solely to new, more stringent drinking
water requirements, inflation, or increases in costs of materials shall not be
included. (2) A water shall be placed on the planning list
for assessment of the threat to human health if: (a)
for human health-based criteria expressed as maximums, the water segment does
not meet the applicable criteria based on the methodology described in section
62-303.320, or (b)
for human health-based criteria expressed as annual averages, the
annual average Specific
Authority 403.061, 403.067, FS. Law
Implemented 403.062, 403.067, FS. History
-- New
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