Transcript Basin Management - Florida Department of Environmental

Proposed Revisions to the State’s
Surface Water Classification System
February 22, 2010 Public Workshop
Daryll Joyner
Bureau of Assessment and Restoration Support
Phone (850) 245-8431
Summary of Presentation
 A Few General Notes
 Overview of Scope of Rulemaking
 Review Latest Substantive Revisions
 Clarified recreational uses for Class III-Limited
 Revised text describing waters eligible for Class IIILimited subcategory
 Added text to clarify that reclassifications cannot
allow for the lowering of existing water quality nor
result in the nonattainment of water quality
standards in downstream waters
 Added “biological integrity” to list of parameters
eligible for a SSAC
General Notes

Revised rule in response to public comments
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Presentation focuses on substantive
changes since previous public workshop

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Latest version e-mailed to interested parties
on 2/16/10, and is available as a hand-out
No additional changes (since last week)
Made analogous changes to the “Process
Document”, which Russ will review
Comment period on Rule and Process
Document runs through March 24, 2010

Planning for May 20 ERC meeting
What we are doing with this rulemaking

Propose to refine the existing classification
system by adding subclassification to Class III
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Class III-Limited
Subclassification of Class III more
appropriate than Class IV

While expected use is lower, have same water
quality criteria except for up to 9 parameters
• Nutrients, bacteria, DO, alkalinity, specific
conductance, transparency, turbidity,
biological integrity, and pH

Also revising process for reclassifications
What we are NOT doing with this rulemaking
• We are NOT reclassifying ANY waters
• And we are NOT planning to allow categorical
reclassifications in the future
• We are NOT establishing any new water quality
criteria or Site Specific Alternative Criteria
(SSAC) for the Class III-Limited subclassification
• Scientifically justified Class III-Limited SSACs
must accompany any reclassification petition,
and would be separately reviewed and acted
on by the ERC and EPA
• May establish criteria for selected waterbody
types at a later date
Revisions to Rule 62-302.400(1)

In subsection (1), added “Recreation or” to
the text describing Class III-Limited uses
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Some waterbodies may be reclassified to Class IIILimited based only on limited aquatic life use,
while others may be reclassified to Class IIILimited based on limited recreation
Must remain full “recreation” unless
demonstrated to not be an existing use and SSAC
adopted for bacteriological criteria
Surface Water Classifications
Class I
Class II
Class III
Class III-Limited
Class IV
Class V
Potable Water Supplies
Shellfish Harvesting or
Propagation
Fish Consumption; Recreation,
Propagation and Maintenance of a
Healthy, Well-Balanced Population
of Fish and Wildlife
Fish Consumption; Recreation or
Limited Recreation; Propagation and
Maintenance of a Limited Population
of Fish and Wildlife
Agricultural Water Supplies
Navigation, Utility, and Industrial Use
Revisions to Rule 62-302.400(5)

Revisions to subsection (5) are meant to
clarify our intent to limit scope of waters
eligible for Class III-Limited to “artificial
waters” with human-induced physical or
habitat conditions that prevent full
attainment of Class III use

Basically combined text from December
version of the rule with text from January
version, and added some text from “Process
Document”, which provides yet more detail
Revisions to Rule 62-302.400(5)

Added text to clarify that Class III-Limited
waters are restricted to waters with humaninduced physical or habitat conditions that
prevent attainment of Class III uses
 Kept text stating Class III-Limited waters are
either:
(a) Wholly artificial waterbodies that were
created by excavation; or
(b) Altered waterbodies that were dredged or
filled prior to November 28, 1975.
Revisions to Rule 62-302.400(5)
(continued)
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Added text defining “altered waterbodies”
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“those portions of natural surface waters that
were dredged or filled prior to November 28,
1975, to such an extent that they exhibit
separate and distinct hydrologic and
environmental conditions from any waters to
which they are connected.
Did not include definition of “Wholly
Artificial Waterbodies”, but there is a
definition in Process Document
Process Document Text on
Artificial Waterbodies

“the term “artificial waterbody” as used in this
document is different from the definition in Rule 62302.700, F.A.C., that is used in OFW determinations.
In this document, wholly artificial waterbodies do not
include those portions of a natural surface water that
have been dredged or filled. Natural surface waters
are those waterbodies that, in their undisturbed
state, originally were all or part of the Atlantic Ocean,
Gulf of Mexico; a bay, bayou, sound, estuary, or
lagoon, including natural channels and natural
tributary thereto; a river, stream, or natural tributary
thereto; a natural lake; and any natural wetland
connected to any of the above waters.”
Revisions to Rule 62-302.400(8)
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In subsection (8), we

Moved text from subsection (9) that refers to
Process Document and incorporates by reference
• This is better location because document
describes process rather than lists requirements

Added information about where interested parties
can obtain a copy of document
• Department’s internet site at
http://www.dep.state.fl.us/water/wqssp/index.htm
• By writing to the Florida Department of
Environmental Protection, Standards and
Assessment Section, 2600 Blair Stone Road, MS
6511, Tallahassee, FL 32399-2400
Revisions to Rule 62-302.400(9)
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In paragraph (9)(c), added text reiterating that
“The proposed reclassification does not allow for
the lowering of existing water quality nor result in
the nonattainment of water quality standards in
downstream waters”
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Added here to better highlight the requirements
given concerns expressed on issue

Important to note that this subsection addresses
both types of reclassifications, but these specific
findings should be readily demonstrated for
reclassification to higher use
Revisions to Rule 62-302.400(11)
 In subsection (11),
 Revised text to clarify that the Department can
initiate reclassification
 Kept language in paragraph (a) about protecting
existing uses and protecting downstream waters,
but changed wording slightly
 Was - “not result in the nonattainment of the
present and future most beneficial uses of
downstream waters”
 Now - “not result in the nonattainment of water
quality standards in downstream waters”
 “Standards” include uses and water quality criteria
Revisions to Rule 62-302.400(11)
(continued)
 In subsection (11),
 Also did some minor wordsmithing to language in
(c) that lists the “factors” in 40 CFR 131.10(g)
eligible for reclassification
 Wording in subparagraph 1 changed from
• Naturally occurring pollutant concentrations
prevent the attainment of the use
• Concentrations of naturally occurring
substances prevent the attainment of the use
 Only change from federal language
Revisions to Rule 62-302.400(12)
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In subsection (12), added “biological integrity” to
list of parameters for which SSACs can be
established that meet Class III-Limited use
Limited to
 Nutrients (and nutrient response variables),
bacteria, dissolved oxygen, alkalinity, specific
conductance, transparency, turbidity,
biological integrity, or pH
Note that SSAC can be issued for other
parameters, but they must be set at levels that
are protective of full Class III use
Revisions to Rule 62-302.400(12)
(continued)

Kept language in (12) stating that any SSAC
for these parameters cannot be set at levels
less stringent than existing water quality
conditions, but changed wording from
“existing water quality” to “water quality
conditions at the time of reclassification”

Process Document generally describes data
needed to establish water quality conditions at
the time of reclassification
Revisions to Rule 62-302.400(14)

In subsection (14), kept text related to
protection of Outstanding Florida Waters
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Reclassifications cannot result in degradation
of OFWs or ONRWs
But deleted proposed text that stated that
reclassifications cannot “cause failure to
meet special standards in any waterbody”

This protection provided in subsection (13)