Numeric Nutrient Criteria

Transcription

1 Numeric Nutrient Criteria Kevin Carter South Florida Water Management District Office Of Everglades Policy and Coordination , Lake Worth Lagoon Initiative Symposium Palm Beach Atlantic University West Palm Beach, Florida May 15, 2013

2 Numeric Nutrient Criteria and the Winds of Change Future dates in this presentation are subject to change Please stay tuned to DEP and EPA web sites:

3 The Federal Clean Water Act s General Framework (In Florida, Numeric Nutrient Criteria Consent Decree 2009) (In Florida, TMDL Consent Decree 1999) Impaired Waters: TMDLs Designated Uses (WQS) Criteria (WQS) Ambient Water Quality Permits, Grants, State Implementation Plans Classes (e.g., Class III) Numeric & Narrative Unimpaired Waters WQS = Water Quality Standards TMDLs = Total Maximum Daily Loads

4 Florida s Narrative Nutrient Criteria Florida Administrative Code (FAC) (47)(b) In no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora or fauna. This has been part of the narrative nutrient criteria since the 1970s

5 Progress Toward Clean Water Act Adopted Numeric Nutrient Criteria J u~r y ~0 13 legend St.1~1do numona nutnent ~ en t o#\~ tot~ Qr "'0"' ~~tlf 'o't!ler br<l,. Somo sr t ujlocflt~ nomenc rwiiw'ii Ct11Qt1 1- ''"" ourr~rec: r lrotutl ~'<"leoe m l'f 1cw rtllers.'s~m ~~ Pklr ~l"'''etr...,m$ 0 N tor l~kes rg$0notro 0 p kl li!k... ~-""",. r~ cor... ou..dll P klr we U ~nol& 0 NlotHtu.VIOS G Plot h'lll<l<tll$. MT '.... m.... NO HI N = Nitrogen and P = Phosphorus (

6 Florida Numeric Nutrient Criteria (NNC): A Very Abbreviated History : Florida Department of Environmental Protection (DEP) works closely with United States Environmental Protection Agency (EPA) to develop Numeric Nutrient Criteria (NNC) Primary focus is on freshwaters (e.g., lakes) : Federal litigation process begins, including the NNC consent decree, leading to EPA s federal rulemaking efforts starting in 2010

7 3 Components of NNC Rulemaking EPA Phase 1 rule: Freshwater Lakes, Springs, Rivers, Streams, and Downstream Protection Values EPA Phase 2 rule: All Estuaries, Offshore Waters, Downstream Protection Values and South Florida Canals DEP rule (Dec. 2011): Freshwater Lakes, Springs, Rivers, Streams, and Estuaries: FAC Water Quality Standards FAC Impaired Waters Rule

8 EPA s Final Phase 1 Rule: Dec. 6, 2010 Lakes and Springs (covers entire state): 5 of the 6 Rivers + Streams* regions: (Struck down in Federal Court in Feb. 2012; new proposal on Nov. 30, 2012) EPA s Rivers and Streams Nutrient Watershed Regions Implementation Date: Jan. 6, 2013 (note recent updates in Federal Court during Apr. 2013) * Downstream Protection Values component in rule that takes into account lakes

9 EPA s Proposed Phase 2 NNC Rulemaking: Nov. 30, 2012 Proposed Estuarine NNC* where DEP currently has: Narrative Criteria (including Lake Worth Lagoon, LWL) TMDLs EPA s Rivers and Streams Nutrient Watershed Regions * Downstream Protection Values component in rule for rivers, streams, and canals that take into account estuaries Coastal Waters NNC uses satellite imagery technology South Florida flowing waters (i.e., Canals):

10 EPA approved DEP s NNC: November 30, 2012 DEP s NNC is a Hierarchy of Site Specific Numeric Interpretation of Narrative Nutrient Criterion: 1) Nutrient Site Specific Analyses (e.g., Current State Total Maximum Daily Loads) 2) Cause and Effect Relationships (e.g., Lakes & Springs) 3) Reference-based Thresholds Combined with Biological Data to Evaluate Attainment (e.g., Rivers and Streams) 4) Narrative standard continues where numeric interpretation is unavailable (e.g., Wetlands, Canals, Intermittent Streams)

11 DEP s General Approach for Estuary NNC* Develop estuary-specific nutrient criteria rather than generic criteria Work with local scientists and EPA to reach consensus on methods and resultant criteria Derive criteria that protect and restore designated uses (Estuaries from DEP NNC Rule on Dec are shown on map) *Adapted from DEP NNC presentation (D. Joyner) West Palm Beach April 15, 2013 Promulgate scientifically sound criteria that can be approved by EPA

12 DEP s proposed reference approach for LWL NNC*: Compiled and screened water quality data, as well as established 3 LWL segments Evaluated if a LWL segment was meeting its designated uses based on 3 biological endpoints: Seagrass depth, chlorophyll a, and dissolved oxygen Data from specific years that met designated uses utilized in statistical development of TN, TP, and chlorophyll a criteria for each LWL segment *Adapted from DEP NNC presentations (D. Joyner and K. Cox) West Palm Beach April 15, 2013

13 DEP s Draft (April 30 th ) Proposed LWL NNC If at least 9 years of data was available*: Maximum Annual Geometric Mean Applies (1 in 3 year exceedance rate) If less than 9 years of data was available*: 10% Criteria Applies (Not to be exceeded > 10% of time) *Adapted from DEP NNC presentation (K. Cox) West Palm Beach April 15, 2013 Segment North Lake Worth Lagoon Number of Years of Data TP (mg/l) TN (mg/l) Chl a (µg/) (corrected) Segment 212 (N of samples) Central Lake Worth Lagoon N of samples TP (mg/l) TN (mg/l) Chl a (µg/) (corrected) Segment South Lake Worth Lagoon N of samples TP (mg/l) TN (mg/l) Chl a (µg/) (corrected) Draft Maximum Annual Geometric Mean (1 in 3 year exceedance rate) 7.6 (10% of samples exceedance) Draft 10% Criteria (Not to be exceeded > 10% of time) Draft 10% Criteria (Not to be exceeded > 10% of time)

14 DEP s LWL NNC Schedule Revised technical support document for LWL was posted on web site and public written comment taken through May 1, 2013 ( d_ pdf ) DEP plans to go to Environmental Regulation Commission for adoption on Jun. 20, 2013 (

15 EPA and DEP reached agreement on March 15, 2013 on a Path Forward for NNC* If executed, EPA does not plan to finalize their NNC As part of path forward, DEP agreed to: Adopt criteria for many remaining estuaries by July 1, 2013 including LWL and Loxahatchee Estuaries Submit New Estuarine NNC, Implementation Document, and interim values to EPA by Aug. 1 Calculate interim numeric values representing current unimpaired conditions of remaining estuaries and submit them to Governor and Legislature by Aug. 1 Path forward includes state legislation that was approved by Legislature on May 1, 2013 *Adapted from DEP NNC presentation (D. Joyner) West Palm Beach April 15, 2013

16 EPA and DEP reached agreement on March 15, 2013 on a Path Forward for NNC (cont.) EPA plans to review DEP LWL NNC and other path forward elements before consent decree deadlines Current Federal Consent Decree Deadlines: EPA s Final NNC Phase 1 Rule River and Streams (new proposal) due Aug. 31, 2013 EPA s Proposed Phase 2 NNC Rulemaking (estuaries and South Florida flowing waters) due Sep. 30, 2013

17 Discussion and Contact Information Kevin Carter South Florida Water Management District Office Of Everglades Policy and Coordination ,

18 Backup slides

19 DEP s TMDL Program The DEP is the lead state agency for TMDLs and has established a 5 phase process in 5 rotating basins The 5 Phases 1: Preliminary Evaluation 2: Strategic Monitoring, Assessment, and Listings 3: Development and Adoption of TMDLs 4: Development of Basin Management Action Plans (BMAP) 5: Implementation of the BMAP