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)