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History -- New                 .

           

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.


 

Table 1: Planning List

 

 

 

 

 

Minimum number of measured exceedances needed to put a water

on the Planning list with at least 80% confidence that the

actual exceedance rate is greater than or equal to ten percent.

Sample sizes

Are listed if they have at least this # of exceedances

 

Sample sizes

Are listed if they have at least this # of exceedances

From

To

 

 

From

To

 

10

15

3

 

246

255

30

16

23

4

 

256

264

31

24

31

5

 

265

273

32

32

39

6

 

274

282

33

40

47

7

 

283

292

34

48

56

8

 

293

301

35

57

65

9

 

302

310

36

66

73

10

 

311

320

37

74

82

11

 

321

329

38

83

91

12

 

330

338

39

92

100

13

 

339

348

40

101

109

14

 

349

357

41

110

118

15

 

358

367

42

119

126

16

 

368

376

43

127

136

17

 

377

385

44

137

145

18

 

386

395

45

146

154

19

 

396

404

46

155

163

20

 

405

414

47

164

172

21

 

415

423

48

173

181

22

 

424

432

49

182

190

23

 

433

442

50

191

199

24

 

443

451

51

200

208

25

 

452

461

52

209

218

26

 

462

470

53

219

227

27

 

471

480

54

228

236

28

 

481

489

55

237

245

29

 

490

499

56

 

 

 

 

500

500

57

 


            (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 associated quality assurance data quality assessment elements listed in Table 2 of the Department’s Guidance Document “Data Quality Assessment Elements for Identification of Impaired Surface Waters” (DEP EAS 01-01, April 2001), which is incorporated by reference. needed for a Tier 2 data quality assessment, with appropriate data fields entered into STORET.

            (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 2040 platinum cobalt units.  Because theseof the complexity of bioassessment procedures require specific training and expertise, persons conducting the bioassessments must comply with will, in addition to meeting the quality assurance requirements of Chapter 62-160, F.A.C., attend at least eight hours of Department sanctioned field training, and be required to pass a Department sanctioned field audit that verifies the sampler follows the applicable SOPs in Chapter 62-160, F.A.C., before their bioassessment data will be considered valid for use under this rule. 

            (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                 .              

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 averagemean concentration for any year of the assessment period exceeds thea human health-based criteria expressed as an annual average.  To be used to determine whether a water should be assessed further for human-health impacts, data must meet the requirements of paragraphs (2), (3), (6), and (7) in rule 62-303.320.

Specific Authority  403.061, 403.067, FS.

Law Implemented  403.062, 403.067, FS.

History -- New                 .

PART III

 

 

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