Florida Regulations 62-304.100: Scope and Intent
Current as of: 2024 | Check for updates
|
Other versions
(1) This chapter establishes Total Maximum Daily Loads, and their allocations, for waters that have been verified to be impaired by a pollutant pursuant to Fl. Admin. Code Chapter 62-303
(2) The following abbreviations shall apply throughout this chapter: “”TMDL”” is Total Maximum Daily Load; “”WLA”” is Wasteload Allocation; “”LA”” is Load Allocation; “”TN”” is Total Nitrogen; “”TP”” is Total Phosphorus; “”DO”” is Dissolved Oxygen; “”BOD”” is Biochemical Oxygen Demand; “”CBOD”” is Carbonaceous Biochemical Oxygen Demand; “”AGM”” is Annual Geometric Mean; “”NPDES”” is National Pollutant Discharge Elimination System; “”MS4″” is Municipal Separate Storm Sewer System; and “”Department”” is Florida Department of Environmental Protection.
(3) This rule sections in this chapter are organized according to Florida’s geographic regions. This organization is designed to assist the public in finding specific TMDLs. This organization also tracks the Department’s watershed management approach, in which the Department has assigned all of the State’s basins to a specific Department district office. Some basin boundaries overlap more than one geographic region and readers are encouraged to check rule sections in adjacent geographic regions if they cannot find a TMDL for a given water body.
(4) Unless a TMDL contains an explicitly quantified margin of safety, the margin of safety is implicit for all TMDLs adopted in this chapter.
(5) TMDLs and their wasteload and load allocations are not self-implementing. Implementation of TMDLs and their allocations is conducted through other regulatory programs and the requirements of those programs. Load reductions required of individual sources may be adjusted through these other programs as long as the reductions are consistent with achieving the overall allocations set forth in the TMDL. Aggregated allocations for a category of sources are not intended to be applied uniformly to individual sources in that category, unless otherwise specified.
(6) Stormwater reductions are included in both the MS4 WLA and LA, as applicable. However, in determining the overall stormwater reductions needed, the Department does not differentiate between the MS4 WLA and the LA, and instead applies the same overall reductions to both as if the two categories were a single category source, unless otherwise specified.
(7) Pollutant reductions to attain a TMDL can come from many sources. The Department’s primary focus is obtaining reductions from the anthropogenic causes. It is not the intent of any of the TMDLs listed in this chapter to abate natural background conditions.
(8) Where a TMDL is expressed as a load with a duration other than daily, the daily load shall equal the identified load divided by the number of days in the expressed duration. Where a TMDL is expressed as a concentration, the daily load shall equal the expressed concentration multiplied by the daily average flow over the period of record. These daily expressions are for informational purposes only.
(9) Attainment of a TMDL is determined using the same assessment methodology as determining attainment of water quality criteria.
(10) A nutrient TMDL shall not constitute a site specific numeric interpretations of the narrative nutrient criterion pursuant to Fl. Admin. Code R. 62-302.531(2)(a), unless the notice of proposed rulemaking states that the Department intends for the proposed TMDL rule to establish such a site specific interpretation for the waterbody, and the Department has held a public meeting and asked for public comment during the rulemaking process.
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History-New 12-22-04, Amended 5-9-21.
(2) The following abbreviations shall apply throughout this chapter: “”TMDL”” is Total Maximum Daily Load; “”WLA”” is Wasteload Allocation; “”LA”” is Load Allocation; “”TN”” is Total Nitrogen; “”TP”” is Total Phosphorus; “”DO”” is Dissolved Oxygen; “”BOD”” is Biochemical Oxygen Demand; “”CBOD”” is Carbonaceous Biochemical Oxygen Demand; “”AGM”” is Annual Geometric Mean; “”NPDES”” is National Pollutant Discharge Elimination System; “”MS4″” is Municipal Separate Storm Sewer System; and “”Department”” is Florida Department of Environmental Protection.
(3) This rule sections in this chapter are organized according to Florida’s geographic regions. This organization is designed to assist the public in finding specific TMDLs. This organization also tracks the Department’s watershed management approach, in which the Department has assigned all of the State’s basins to a specific Department district office. Some basin boundaries overlap more than one geographic region and readers are encouraged to check rule sections in adjacent geographic regions if they cannot find a TMDL for a given water body.
(4) Unless a TMDL contains an explicitly quantified margin of safety, the margin of safety is implicit for all TMDLs adopted in this chapter.
(5) TMDLs and their wasteload and load allocations are not self-implementing. Implementation of TMDLs and their allocations is conducted through other regulatory programs and the requirements of those programs. Load reductions required of individual sources may be adjusted through these other programs as long as the reductions are consistent with achieving the overall allocations set forth in the TMDL. Aggregated allocations for a category of sources are not intended to be applied uniformly to individual sources in that category, unless otherwise specified.
(6) Stormwater reductions are included in both the MS4 WLA and LA, as applicable. However, in determining the overall stormwater reductions needed, the Department does not differentiate between the MS4 WLA and the LA, and instead applies the same overall reductions to both as if the two categories were a single category source, unless otherwise specified.
(7) Pollutant reductions to attain a TMDL can come from many sources. The Department’s primary focus is obtaining reductions from the anthropogenic causes. It is not the intent of any of the TMDLs listed in this chapter to abate natural background conditions.
(8) Where a TMDL is expressed as a load with a duration other than daily, the daily load shall equal the identified load divided by the number of days in the expressed duration. Where a TMDL is expressed as a concentration, the daily load shall equal the expressed concentration multiplied by the daily average flow over the period of record. These daily expressions are for informational purposes only.
(9) Attainment of a TMDL is determined using the same assessment methodology as determining attainment of water quality criteria.
(10) A nutrient TMDL shall not constitute a site specific numeric interpretations of the narrative nutrient criterion pursuant to Fl. Admin. Code R. 62-302.531(2)(a), unless the notice of proposed rulemaking states that the Department intends for the proposed TMDL rule to establish such a site specific interpretation for the waterbody, and the Department has held a public meeting and asked for public comment during the rulemaking process.
Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History-New 12-22-04, Amended 5-9-21.