RULE NO: RULE TITLE
62-304.600: Tampa Bay Basin TMDLs

Notice is hereby given that the following changes have been made to the proposed rule in accordance with subparagraph 120.54(3)(d)1., F.S., published in Vol. 35 No. 31, August 7, 2009 issue of the Florida Administrative Weekly.

62-304.600 Tampa Bay Basin TMDLs.

(1) No change.

(2) Allen Creek (Tidal). The TMDL to address the low dissolved oxygen and nutrient impairments in Allen Creek (Tidal) is an annual average 0.97 0.75 mg/L of total nitrogen (TN), and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 24.8 52 percent reduction of TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 24.8 52 percent reduction of TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(3) No change.

(4) Alligator Creek. The TMDL to address the low dissolved oxygen and nutrient impairments in Alligator Creek is an annual average for TN of 0.87 0.72 mg/L and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 28.0 41 percent reduction of for TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 28.0 41 percent reduction of for TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(5) Alligator Lake. The TMDLs to address the low dissolved oxygen and nutrient impairments in Alligator Lake are an annual average of 0.72 mg/L for TN and an 2.00 mg/L for TN annual average median of 2.00 mg/L for 5-day biochemical oxygen demand (BOD₅), respectively, and are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 32.7 19 percent reduction and a 75.0 46 percent reduction of for TN and BOD₅, respectively, at of sources contributing to exceedances of the criteria.

(c) The LAs for nonpoint sources are is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 32.7 19 percent reduction and 75.0 46 percent reduction for TN and BOD₅, respectively, of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(6) No change.

(7) Bellows Lake Outlet (also known as East Lake Outfall). The TMDLs to address the low dissolved oxygen and nutrient impairments in Bellows Lake Outlet are an annual average TN of 1.16 1.40 mg/L, TP of 0.055 mg/L, and an annual average BOD₅ of 2.00 mg/L, and are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s Municipal Stormwater Permitting Program are is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations in the 2005-2006 period, will require a 42.4 50 percent reduction of TN, a 53 percent reduction in TP, and a 63.3 68 percent reduction of in BOD₅ at of sources that are contributing to exceedances of the criteria.

(c) The LAs for nonpoint sources are is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations in the 2005-2006 period, will require a 42.4 50 percent reduction of TN, a 53 percent reduction in TP, and a 63.3 68 percent reduction of in BOD₅ of sources that are contributing to exceedances of the criteria, and

(d) through (e) No change.

(8) Bellows Lake (also known as East Lake). The TMDLs to address the low dissolved oxygen (addresses downstream impairment) and nutrient impairments are an annual average TN of 1.40 mg/L, an annual average TP of 0.055 mg/L, and an annual average BOD₅ of 2.00 mg/L and are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations in the 2005-2006 period, will require a 30.5 50 percent reduction of TN, a 33.3 53 percent reduction in TP, and a 63.3 68 percent reduction of in BOD₅ at of sources that are contributing to exceedances of the criteria.

(c) The LAs for nonpoint sources are is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations in the 2005-2006 period, will require a 30.5 50 percent reduction of TN, a 33.3 53 percent reduction in TP, and a 63.3 68 percent reduction of in BOD₅ of at sources that are contributing to exceedances of the criteria, and

(d) through (e) No change.

(9) through (10) No change.

(11) Bishop Creek (Tidal). The TMDL to address the low dissolved oxygen impairments in Bishop Creek (Tidal) is an annual average 0.97 0.75 mg/L of TN and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 12.6 33 percent reduction of TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 12.6 33 percent reduction of TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(12) No change.

(13) Brushy Creek. The TMDL to address the low dissolved oxygen impairment in Brushy Creek is an annual average 0.87 0.75 mg/L of TN and is allocated as follows:

(a) The WLA for the Hillsborough County Dale Mabry Advanced Wastewater Treatment Plant (FL0036820) is a five-year rolling annual average of 16,000 54,794 lbs/year of TN.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 16.3 32 percent reduction of TN at of sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 16.3 32 percent reduction of TN at of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(14) through (15) No change.

(16) Bullfrog Creek (tidal). The TMDL to address the low dissolved oxygen and nutrients in Bullfrog Creek (tidal) is an annual average total nitrogen (TN) concentration of 0.80 0.65 mg/L and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III marine dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 2006 period, will require a 45.6 47 percent reduction of TN at of sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the Class III marine dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 2006 period, will require a 45.6 47 percent reduction of TN of at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(17) Cockroach Bay. The TMDLs to address the low dissolved oxygen and nutrient impairments are an annual average of 1.04 0.54 mg/L and an annual average of 2.00 mg/L for TN and an annual average 2.0 mg/L for BOD5₅, respectively, and are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on measured concentrations from year 2000 to 2007, will require a 34.1 54 percent reduction in current anthropogenic loadings of TN and a 50.6 38 percent reduction in current anthropogenic loadings of BOD₅ of sources contributing to exceedances of the criteria.

(c) The LAs for nonpoint sources is are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on measured concentrations from year 2000 to 2007, will require a 34.1 54 percent reduction of TN and a 50.6 38 percent reduction of BOD₅ of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(18) Coffee Pot Bayou. The TMDL to address the low dissolved oxygen and nutrient impairments are an annual average of 0.97 0.63 mg/L and 2.00 mg/L for TN and BOD₅, respectively, and are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on measured concentrations from the 2000-2007 2000 to 2007 period, will require a 16.4 33 percent reduction of TN and a 42.9 40 percent reduction of BOD₅ of sources contributing to exceedances of the criteria.

(c) The LAs for nonpoint sources are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on measured concentrations from the 2000-2007 2000 to 2007 period, will require a 16.4 33 percent reduction of TN and a 42.9 40 percent reduction of BOD₅ of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(19) No change.

(20) Cross Canal (North). The TMDL to address the low dissolved oxygen impairment in Cross Canal (North) is an annual average 0.97 0.75 mg/L of TN and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 41.6 55 percent reduction of sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 41.6 55 percent reduction of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(21) No change.

(22) Double branch. The TMDL to address the low dissolved oxygen and nutrient impairments in Double Branch is an annual average 0.97 0.75 mg/L of TN and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 2008 period, will require a 26.0 43 percent reduction of TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 2008 period, will require a 26.0 43 percent reduction of TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(23) Lake Tarpon Canal (Freshwater). The TMDL to address the low dissolved oxygen and nutrient impairments in Lake Tarpon Canal (Freshwater) is an annual average 0.87 0.75 mg/L of TN and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrients criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 25.6 36 percent reduction of TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrients criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 25.6 36 percent reduction of TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(24) Lake Tarpon Canal (Marine). The TMDLs to address the low dissolved oxygen and nutrient impairments in Lake Tarpon Canal (Marine) is are an annual average 0.97 0.75 mg/L and 0.18 mg/L of TN and TP, respectively, and is are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 12.6 33 percent reduction of and 27 percent reduction for TN and TP, respectively, of sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 12.6 33 percent reduction of and 27 percent reduction for TN and TP, respectively, of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(25) through (26) No change.

(27) Lower Rocky Creek. The TMDL to address the low dissolved oxygen and nutrient impairments in Lower Rocky Creek is an annual average 0.97 0.75 mg/L of TN, and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 41.2 55 percent reduction of TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 41.2 55 percent reduction of TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(28) No change.

(29) Moccasin Creek. The TMDLs to address the low dissolved oxygen and nutrient impairments in Moccasin Creek is are an annual average 0.97 0.75 mg/L and 0.18 mg/L of TN and TP, respectively, and is are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 39.4 41 percent reduction of and 40 percent reduction for TN and TP, respectively, of sources contributing to exceedances of the criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 39.4 41 percent reduction of and 40 percent reduction for TN and TP, respectively, of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(30) through (31) No change.

(32) Mullet Creek (Tidal). The TMDL to address the low dissolved oxygen impairment in Mullet Creek Tidal is an annual average 0.97 0.75 mg/L of TN, and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 18.5 37 percent reduction of TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 18.5 37 percent reduction of TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(33) No change.

(34) Smacks Bayou. The fecal coliform TMDL for Smacks Bayou is 43 400 counts/100mL, and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 1996 period, will require a 94 75 percent reduction at of sources contributing to exceedances of the criteria,

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the fecal coliform criteria which, based on the measured concentrations from the 1995 to 1996 period, will require a 94 75 percent reduction of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(35) Smacks Bayou. The TMDLs to address the low dissolved oxygen and nutrient impairments are an annual average of 0.97 0.63 mg/L and an annual average of 2.00 mg/L for TN and BOD₅, respectively. These TMDLs are applicable to sources in the 45th Avenue Northeast Canal subbasin and the 54th Avenue East Canal subbasin within the Smacks Bayou watershed and are allocated as follows:

(a) No change.

(b) The WLAs for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is are to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on measured concentrations in the canals from the 2000 to 2007 1992 to 2005 period, will require a 32.2 51 percent reduction of TN and a 33.3 30 percent reduction of BOD₅ at of sources contributing to exceedances of the criteria.

(c) The LAs for nonpoint sources are is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen and nutrient criteria which, based on measured concentrations in the canals from the 2000 to 2007 1992 to 2005 period, will require a 32.2 51 percent reduction of TN and a 33.3 30 percent reduction of BOD₅ at of sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(36) No change.

(37) Sweetwater Creek. The TMDL to address the low dissolved oxygen impairment in Sweetwater Creek is an annual average 0.87 0.75 mg/L of TN, and is allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 19.4 23 percent reduction of TN at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period, will require a 19.4 23 percent reduction of TN at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

(38) Tampa Bypass Canal Tributary. The TMDLs to address the low dissolved oxygen and nutrient impairments in the Tampa Bypass Canal Tributary is are an annual average TN concentration of 1.16 1.73 mg/L and an annual average TP concentration of 0.415 mg/L and is are allocated as follows:

(a) No change.

(b) The WLA for discharges subject to the Department’s NPDES Municipal Stormwater Permitting Program is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the 2000 to 2007 period year 2005, will require a 51.9 31 percent reduction of TN and 34 percent reduction of TP at sources contributing to exceedances of the criteria.

(c) The LA for nonpoint sources is to address anthropogenic sources in the basin such that in-stream concentrations meet the dissolved oxygen criteria which, based on the measured concentrations from the year 2005, will require a 51.9 31 percent reduction of TN and 34 percent reduction of TP at sources contributing to exceedances of the criteria, and

(d) through (e) No change.

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.061, 403.062, 403.067 FS. History–New________.