Fla. Admin. Code Ann. R. 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 samples that do not meet 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. For sample sizes up to 500, waters are placed on the Planning List when 10 percent or more of the samples do not meet the applicable criteria with a minimum of an 80 percent confidence level using a binomial distribution. For sample sizes greater than 500, the Department shall calculate the number of samples not meeting the criterion that are needed to list the waterbody with an 80 percent confidence level for the given sample size using the binomial distribution.

Table 1: Planning List
Minimum number of samples not meeting an applicable water quality criterion needed to put a water on the Planning List with at least 80% confidence.
Sample sizes		Are listed if they have at least this # of samples that do not meet a criterion	Sample sizes		Are listed if they have at least this # of samples that do not meet a criterion
From	To		From	To
10	15	3	256	264	31
16	23	4	265	273	32
24	31	5	274	282	33
32	39	6	283	292	34
40	47	7	293	301	35
48	56	8	302	310	36
57	65	9	311	320	37
66	73	10	321	329	38
74	82	11	330	338	39
83	91	12	339	348	40
92	100	13	349	357	41
101	109	14	358	367	42
110	118	15	368	376	43
119	126	16	377	385	44
127	136	17	386	395	45
137	145	18	396	404	46
146	154	19	405	414	47
155	163	20	415	423	48
164	172	21	424	432	49
173	181	22	433	442	50
182	190	23	443	451	51
191	199	24	452	461	52
200	208	25	462	470	53
209	218	26	471	480	54
219	227	27	481	489	55
228	236	28	490	499	56
237	245	29	500	500	57
246	255	30

(2) The Department's Florida Storage and Retrieval (FLASTORET) database, or its successors, shall be the primary source of data used for determining whether samples do not meet water quality criteria. As required by subsection 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 FLASTORET, or its successors, 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 FLASTORET, or its successors. 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) Unless information presented to the Department demonstrates otherwise, data older than ten years are not representative of current conditions and shall not be used to develop Planning Lists except to evaluate historical trends. Any determinations by the Department to use data older than 10 years shall be documented, and the documentation shall include the basis for the decision that the data are representative of current conditions. 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 anthropogenic 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 place a water segment on the Planning List using Table 1, a water segment shall have a minimum of ten samples for the ten-year period, with at least five temporally independent samples. To be treated as a temporally independent sample, samples shall be at least one week apart, regardless of whether the samples are collected at different locations within the segment.

(a) For parameters other than dissolved oxygen (DO), samples collected at the same location less than four days apart shall be considered as one sample, with the median value used to represent the sampling period. However, if individual values exceed acutely toxic levels as listed in Table 2, then the worst-case value shall be used to represent the sampling period. The worst-case value is both the minimum and maximum for pH, or the maximum value for other parameters.

(b) For lakes, the daily average DO level shall be calculated as the average of measurements collected in the upper two meters of the water column at the same location and on the same day. For all other fresh waters, the daily average freshwater DO level shall be calculated as the average of all measurements collected in the water column at the same location and on the same day. If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily averages.

(c) The daily average freshwater DO criteria shall be assessed preferentially using daily average values calculated from full days of diel monitoring data. A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour. If diel monitoring data are not available, instantaneous samples may be used to assess the DO criterion by comparing the instantaneous value with a time-of-day-specific translation of the daily average criterion. To determine the time-of-day-specific translation of the daily average criterion, the time (T) at which the DO sample was taken (in minutes past midnight) is entered into the appropriate equation below for the applicable region and waterbody type. The actual DO measurement collected at a given time is assessed against the calculated time-of-day-specific translation for that time, and if the instantaneous DO is greater than or equal to the calculated value, the daily average DO criterion is achieved.

Region	Equations for Time-of-Day-Specific Translation of the Daily Average DO Criterion
Streams
Northeast + Big Bend	1.1844 x 10-13 * T5 - 4.1432 x 10-10 * T4 + 4.7729 x 10-7 * T3 - 1.9692 x 10-4* T2 + 0.02314 * T + 31.24
Peninsula + Everglades	1.9888 x 10-13 * T5 - 6.8941 x 10-10 * T4 + 7.8373 x 10-7 * T3 - 3.1598 x 10-4* T2 + 0.03551 * T + 33.43
Panhandle West	9.0851 x 10-14 * T5 - 2.9941 x 10-10 * T4 + 3.1560 x 10-7 * T3 - 1.0851 x 10-4* T2 + 0.006285 * T + 65.61
Lakes
Northeast + Big Bend	1.4578 x 10-13 * T5 - 5.5607 x 10-10 * T4 + 7.0683 x 10-7 * T3 - 3.1879 x 10-4* T2 + 0.02817 * T + 34.19
Peninsula + Everglades	1.3709 x 10-13 * T5 - 5.0496 x 10-10 * T4 + 6.1352 x 10-7 * T3 - 2.5817 x 10-4* T2 + 0.01960 * T + 37.14
Panhandle West	7.1190 x 10-14 * T5 - 2.6420 x 10-10 * T4 + 3.2247 x 10-7 * T3 - 1.3607 x 10-4* T2 + 0.01071 * T + 66.35

(d) If multiple instantaneous DO samples are available in a day, the time-of-day-specific translation of the daily average criterion will be calculated for each individual sample. Achievement of the daily average DO criteria will be assessed by comparing the average of the actual DO measurements collected at each time against the average of the calculated time-of-day-specific translations for each time. If the average of the measured DO values is greater than or equal to the average of the time-of-day-specific translations of the criteria, the daily average DO criterion is achieved. An average of multiple daily values calculated in this manner will be considered as a single sample for assessment purposes.

(e) 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.

(f) Samples collected from different stations within a water segment shall be assessed as separate samples even if collected at the same time.

(g) In making the determination to list water segments, the Department shall consider ambient background conditions, including seasonal and other natural variations.

Table 2. Acutely Toxic Levels for Parameters with Aquatic Life-Based Criteria
Parameter	Units	Freshwater Value	Marine Value
Aldrin	ug/L	3	1.3
Aluminum	ug/L	750	N/A
Arsenic	ug/L	340	69
Cadmium	ug/L	exp((1.0166*(lnH))-3.924)	40
Carbaryl	ug/L	2.1	1.6
Chlordane	ug/L	2.4	0.09
Chlorine	ug/L	19	13
Chlorpyrifos	ug/L	0.083	0.011
Chromium III	ug/L	exp((0.8190(lnH))+3.7256)	N/A
Chromium VI	ug/L	16	1100
Copper	ug/L	exp((0.9422*(lnH))-1.700)	5.8
Cyanide	ug/L	22	1
DDT	ug/L	1.1	0.13
Diazinon	ug/L	0.17	0.82
Dieldrin	ug/L	0.24	0.71
Endosulfan	ug/L	0.22	0.034
Endrin	ug/L	0.086	0.037
Heptachlor	ug/L	0.52	0.053
Lead	ug/L	exp((1.273(lnH))-1.460)	221
Lindane	ug/L	0.95	0.16
Nickel	ug/L	exp((0.8460(lnH))+2.255)	75
Nonylphenol	ug/L	28	7
Pentachlorophenol	ug/L	exp(1.005(pH)-4.869)	13
Selenium	ug/L	N/A	290
Silver	ug/L	exp((1.72(lnH))-6.59)	2.2
Toxaphene	ug/L	0.73	0.21
Zinc	ug/L	exp((0.8473(lnH))+0.884)	95

(5) For assessment of the portions of the Suwannee, Withlacoochee (North), and Santa Fe Rivers utilized by the Gulf Sturgeon, and in the portions of the Santa Fe and New Rivers utilized by the Oval Pigtoe Mussel, waters will be listed on the Planning List when more than 50 percent of the measurements are below the applicable median or more than 10 percent of the daily average values are below the applicable 10th percentile value at a minimum of a 80 percent confidence level using the binomial distribution. The applicable median and 10th percentile values are specified by river segment in Appendix I of the "Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida's Fresh and Marine Waters" (DEP-SAS-001/13), dated March, 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02961), which is incorporated by reference herein. Copies of Appendix I may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(6) For predominantly marine waters, the Department shall evaluate the daily average DO criterion using Table 1 set forth in subsection 62-303.320(1), F.A.C., above, and shall also evaluate whether the 7-day and 30-day average criteria have been achieved during the planning period. A water segment shall be placed on the Planning List for potential DO impairment if the number of samples that do not meet the daily average DO criterion is greater than or equal to the number listed in Table 1 for the given sample size, or if it has a weekly average value below the 7-day average DO criterion or a monthly average value below the 30-day DO criterion in the planning period.

(a) If any individual DO measurement is greater than 100 percent saturation, 100 percent shall be substituted for that value for the purpose of calculating daily, weekly and monthly averages.

(b) Where DO values are collected at multiple depths at a given station and time, the average of the values shall be used to represent the measurements unless any of the individual DO values are less than 2 mg/l, in which case the lower 25th percentile of the measured values shall be used.

(c) For assessment purposes, the 7-day average DO percent saturation shall be calculated as a weekly average using a minimum of three full days of diel data collected within a week, or a minimum of ten grab samples collected over at least three days within a week, with each sample measured at least four hours apart.

(d) For assessment purposes, the 30-day average DO percent saturation shall be calculated as a monthly average using a minimum of three full days of diel data, with each diel sampling conducted in different weeks of the month, or grab samples collected from a minimum of ten different days of the month.

(e) A full day of diel data shall consist of 24 hours of measurements collected at a regular time interval of no longer than one hour.

(7) Notwithstanding the requirements of subsection (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 samples that do not meet an applicable water quality criterion, or

(b) More than one sample do not meet an acute toxicity-based water quality criterion listed in subsection 62-302.500(1), F.A.C., or a water quality criterion for a synthetic organic compound or synthetic pesticide in any three year period.

(8) 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.

(9) The Department shall consider all readily available water quality data collected and analyzed in accordance with Chapter 62-160, F.A.C. If requested, the sampling agency must provide to the Department all of the 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) (http://www.flrules.org/Gateway/reference.asp?No=Ref-06034), which is incorporated by reference herein. Copies of the document may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(10) For the assessment 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 for freshwater metals criteria that are hardness dependent. 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.

(11) For the assessment of the DO criteria, any DO data collected as a concentration in mg/l shall be converted to percent saturation using the temperature and salinity measured at the same location within fifteen minutes of the DO measurement. Percent DO saturation shall be calculated using the method in Section 5.4 of the "Technical Support Document: Derivation of Dissolved Oxygen Criteria to Protect Aquatic Life in Florida's Fresh and Marine Waters, " (DEP-SAS-001/13), dated March, 2013 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02958), which is incorporated by reference herein. Copies of Section 5.4 may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(12) Surface water data with values below the applicable practical quantification limit (PQL) or method detection limit (MDL) shall be assessed in accordance with paragraphs 62-4.246(6)(b) and (c), and subsection 62-303.320(8), F.A.C. Results reported by a laboratory with the "U" data qualifier code according to paragraphs 62-160.340(3)(b) and (c), F.A.C., shall be assessed as half the reported result or half the criterion, whichever is lower.

(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.

(13) 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.

(14) A water segment shall be placed on the Planning List for DO impairment if there has been a statistically significant decreasing trend in DO levels or increasing trend in the range of daily DO fluctuations over the planning period at the 90 percent confidence level using a one-sided Seasonal Kendall test for trend, as described in Helsel, D.R. and R.M. Hirsch, 2002, Statistical Methods in Water Resources, USGS, pages 338 through 340 (http://www.flrules.org/Gateway/reference.asp?No=Ref-02962), which are incorporated by reference herein, after controlling for or removing the effects of confounding variables, such as climatic and hydrologic cycles, quality assurance issues, and changes in analytical methods, and except as provided for under Rules 62-302.300 and 62-4.242, F.A.C. A copy of pages 338 through 340 may be obtained by writing to the Florida Department of Environmental Protection, 2600 Blair Stone Road, MS #6511, Tallahassee, FL 32399-2400.

(15) For assessment of the 30-day average total ammonia criterion, the monthly average total ammonia shall be calculated for a station using a minimum of four samples collected within the month. A water segment shall be placed on the Planning List for potential total ammonia impairment if a station within the segment has a monthly average value above the 30-day average criterion in the planning period.

Notes

Fla. Admin. Code Ann. R. 62-303.320

Rulemaking Authority 403.061, 403.067 FS. Law Implemented 403.062, 403.067 FS.

New 6-10-02, Amended 12-11-06, 8-1-13, Amended by Florida Register Volume 42, Number 021, February 02, 2016 effective 2/17/2016.

New 6-10-02, Amended 12-11-06, 8-1-13, 2-17-16.