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 III-Limited

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

Latest version e-mailed to interested parties on 2/16/10, and is available as a hand-out

No additional changes (since last week) Presentation focuses on substantive

changes since previous public workshop 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 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

Some waterbodies may be reclassified to Class III-Limited based only on limited aquatic life use, while others may be reclassified to Class III-Limited based on limited recreation

Must remain full “recreation” unless demonstrated to not be an existing use and SSAC adopted for bacteriological criteria

Surface Water ClassificationsClass I Potable Water SuppliesClass II Shellfish Harvesting or

PropagationClass III Fish Consumption; Recreation,

Propagation and Maintenance of a Healthy, Well-Balanced Population of Fish and Wildlife

Class III-Limited Fish Consumption; Recreation or Limited Recreation; Propagation and Maintenance of a Limited Population of Fish and Wildlife

Class IV Agricultural Water SuppliesClass V 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 human-induced 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)

Added text defining “altered waterbodies” “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

Revisions to Rule 62-302.400(8) 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)

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”

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)

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 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)