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Robert Higgins The Environmental Protection Agency (EPA) has announced its intent to adopt numeric nutrient criteria for Florida’s water bodies (lakes, streams, canals and estuaries). The criterion is unprecedented in the nation and has drawn national attention to Florida’s water quality programs. The panel will discuss the legal genesis of this proposed rule, including the most up to date developments in the state legislature and Congress; its technical aspects, including the scientific basis for the rule; implementation and relief mechanisms; and the criteria’s impact on Florida’scurrent permitting programs, as well as its impact on a wide variety of stakeholders in Florida.
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APA Florida 2011 Conference
by Robert W. Higgins, P.E.
FDEP Unified Stormwater RuleVs.
EPA Numeric Nutrient Criteria
West Palm Beach, Florida
September 9, 2011
Question:How does the EPA Numeric Nutrient Criteria fit with the Unified Stormwater Rule proposed by Florida Department of Environmental Protection
?
Answer:• It is unknown at this time
• There is a considerable amount of confusion
• EPA NNC Applies to All Discharges• FDEP Stormwater Rule Applies to New Discharges
BACKGOUND:Issue First Raised in Southwest FloridaState 401 Water Quality Certification
Rejected by EPAHarver Harper Methodology Used to
Demonstrate “Pre vs Post” Water Quality Loading is Met
SFWMD Proposes a Special Basin Rule for SW Florida
FES (and others) Requests Looking at Statewide Applicability
STATEWIDE RULE STATUS2008 – 2009: Technical Advisory Comm.May 2010: Conducted Public WorkshopsSeptember 2010: Revised Draft Rule CriteriaNovember 2010: Conduct Public WorkshopsMarch 2011: Revised Draft Rule Criteria
(additional workshops TBD)May 2011: Authorizing Legislation – Not FiledJuly 2011 or Later: Rule Adoption – Not DoneNext Step – Unknown
Recent Senate Committee Report Recommends a Uniform Statewide Environmental Resource Permit
WHY NOW?
STATEWIDE STORMWATER RULE OBJECTIVES
Increase Nutrient RemovalRequirements for Discharge to Impaired
WatersStatewide ConsistencyAdditional BMPsBMP Treatment Train CreditEncourage Low Impact DesignEncourage Redevelopment & RetrofittingRule not applicable to Agricultural Uses
STATEWIDE STORMWATER RULE
Limits average annual nutrient load for total phosphorus (TP) & total nitrogen (TN)85% treatment efficiency (load reduction) or;Post development load less than load from
natural land cover condition (Post = Pre), whichever is less stringent
Adds several new treatment methods (BMPs) with specific nutrient removal quantification
One statewide methodology that allows for differing regional conditions
BMPsPrimary Quantifiable BMPs:
Wet Detention Ponds (residence time calculation)Dry Retention Ponds (retention)Pervious Pavement Systems (retention)Stormwater Harvesting (recycling/retention)Green Roof/Cistern Systems (retention)Exfiltration trench/underground vaults (retention)Swales (retention/percolation)
BMPs
Additional BMPs Needing More Input/DataUnderdrain Filtration (dry retention with
underdrains)Dry DetentionWetland TreatmentVegetated BuffersManaged Aquatic Plant SystemsLow Impact Design BMPs
REDEVELOPMENT & RETROFITS
Currently, redevelopment that demolishes to bare earth will require full treatmentHowever, redevelopment less than a specific
acreage may provide a feasibility analysis to demonstrate that a lower level is appropriate (provide as much treatment as site can provide)
Minor Retrofit Projects Require Net Improvement
STAY UP TO DATE
Web Site:www.dep.state.fl.us/water/wetlands/erp/rules/stormwater/index.htmSign Up for Email List on Web Site
PROBLEMS“Pre” is Considered to be “Pre Man”Wetlands Are Considered NeutralLimited DataDoes One Size Fit All? (Five WMD’s For a
Reason)Unknown Benefits For Certain BMP’sAgriculture is ExemptLarge Economic Impact (More Land Area
Required)Criteria is Still PresumptiveCompliance With NNC UnknownLengthy Rulemaking – Likely Challenged
APA Florida 2011 Conference
FDEP Unified Stormwater Rulevs.
EPA Numeric Nutrient CriteriaQUESTIONS
