Rule Development Workshop for Chapter 40E63, Part IV, F'A'C' C139 Basin Everglades Regulatory Progra

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Rule Development Workshop for Chapter 40E-63,
Part IV, F.A.C. C-139 Basin Everglades
Regulatory Program

• Workshop 2
• July 25, 2007
• Clewiston Field Station

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Welcome and IntroductionPam Sievers,
P.E.Director, Everglades Regulation Division
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Agenda

• Welcome and Introductions Pam Sievers
• Rule Development Process Jose Gomez
• Update on Ideas and Comments from June 20
  Workshop Jose Gomez
• Procedural
• Definitions and Miscellaneous Language
• Permit Types
• Source Controls
• Levels of Implementation, Timelines, and BMP
  Points
• List of BMPs, BMP Descriptions, and BMP
  Optimization
• Public Comment/Discussion Carmela Bedregal
• Wrap-up and Action Items for Next Workshop

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Rule Development Process Jose Gomez, Staff
Engineer, Everglades Regulation Division
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Overview of Rule Development Process

• Docket 1 C-139 EWOD Permit Extension Rule
  Amendment Approved and is effective June 20,
  2007 (40E-63.432 and 40E-63.434)
• Current permits extended for initial one year
  term and automatically extended for additional
  one year terms until new Rule is effective
• Current permits will expire 90 days from the date
  the new Rule is effective
• Docket 2 Remainder of Rule
• Notice of Rule Development published on June 1,
  2007
• Six Workshops June 20, July 25, August 29,
  October 3, November 7, December 5
• Technical Workgroup Meetings

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Overview of Rule Development Process

• All ideas and comments are welcome
• Ways to provide ideas and comments
• Verbal communication at workshops
• Be sure to state name when speaking during public
  comment
• Use stakeholder input forms
• Other written ideas and comments

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Submittal of Input, Comments, and Ideas
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Overview of Rule Development Process Access of
Information

• Information regarding this Rule Development will
  be posted at www.sfwmd.gov
• To access this information please click on the
  left under
• What We Do
• Permitting/Regulation
• Rules, Statutes, Criteria
• Rulemaking tab
• Request hardcopy of information from Everglades
  Regulation Staff

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Overview of Rule Development Process

• Initial Workshops will be general to build
  consensus among stakeholders and the District
• Provide Ideas and Comments
• Review Ideas and Alternatives
• Subsequent workshops will be topic specific and
  proposed rule language will be presented

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Workshop Process

• Open discussion of ideas and alternatives
• Workshops will be recorded and a summary of the
  workshop will be available
• Ideas and comments will be evaluated and
  considered
• Ideas will be summarized at subsequent workshops

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Projected Timeline for C-139 Basin Rule Adoption
JUN 2007
JUL 2007
AUG 2007
SEP 2007
OCT 2007
NOV 2007
DEC 2007
JAN 2008
FEB 2008
MAR 2008
APR 2008
MAY 2008
JUN 2008
RULE DEVELOPMENT WORKSHOPS
PROPOSED RULE TEXT NOTICE OF RULEMAKING
GOVERNING BOARD TO ADOPT RULES
FILE RULES
FINAL ADOPTED RULES
Note Projected timeline is an estimate based on
public notice and administrative requirements,
and is subject to change based on completion of
technical and procedural milestones.
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Update on Ideas and Comments from June 20
Workshop Jose Gomez, Staff Engineer,
Everglades Regulation Division
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Topics for Workshop

• Procedural
• Definitions and Miscellaneous Language
• Permit Types
• Source Controls
• Levels of Implementation, Timelines, and BMP
  Points
• List of BMPs, BMP Descriptions, and BMP
  Optimization

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ProceduralA. Definitions and Miscellaneous
Language

• These will be addressed as other portions of the
  Rule are modified to reflect changes and
  portions of the Rule that are outdated will be
  revised.
• Example
• 40E-63.400 Purpose and Policy
• (2) Since water quality monitoring data from the
  C-139 Basin demonstrate that the landowners
  within the C-139 Basin have collectively exceeded
  the annual loading of phosphorus of 28.7 metric
  tons rainfall-adjusted phosphorus load compared
  to the historical baseline period of October 1,
  1978, to September 30, 1988, landowners are
  required to implement a best management practices
  (BMP) program for reduction of phosphorus in
  discharges that is consistent with the land uses
  within the Basin.

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ProceduralB. Permit Types

• Current Permit Types
• No Notice General Permits
• Areas exempt from Agricultural Privilege Tax and
  served by an approved and operational surface
  water reservoir (Currently two covering 11,840
  acres)
• General Permits
• All issued permits in C-139 Basin (32)
• Applicable for single entity, selected BMPs
  described in the Rule (Appendix B-1), and elected
  not to monitor at the farm level.
• Individual permits
• None currently issued
• More than one permittee. Alternative BMPs.
• Optional farm-level monitoring

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ProceduralB. Permit Types

• Ideas and Comments
• Provide a new permit type or modify the existing
  permit types to allow for farm-specific or
  tailored BMP plans without the higher fees of the
  current Individual Permit

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ProceduralB. Permit Types

• Proposed Alternatives
• No Change
• Make all issued permits one category (General
  Permit) with one fee (250).
• Create a tiered Individual Permit category with
  adjusted costs

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ProceduralB. Permit Types

• Proposed Alternative 1 No Changes
• Proposed Alternative 2 Only General Permits
• Proposed Alternative 3 Tiered Individual Permits
• 40E-63.436 Permit Application Processing Fees.
• (1) The following permit application processing
  fees shall be paid to the District at the time
  the permit applications are filed.

Renewal
New
Permit Type
250
250
General Permit
1880
1880
Individual Permit
?
500?
Individual Permit (Without Discharge Monitoring
Plan)
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II. Source Controls

• Current
• 15, 25, or 35 points required based on level of
  implementation (Levels I, II, III, and IV)
• If out of compliance for a given water year,
  level of implementation increases
• Not enough time is given for increased level of
  BMP implementation to work before next compliance
  determination
• All BMP points can come from one BMP Category
  (Nutrient Control Practices, Water Management,
  Particulate Matter and Sediment Controls, Pasture
  Management)
• BMP list and equivalent points in Appendix B-1

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II. Source Controls A. Levels of Implementation,
Timelines, and BMP Points

• Summary of Comments and Ideas
• Create one level of implementation that does not
  change from year to year
• Address different species of phosphorus
• Require comprehensive BMP plans that cover
  nutrient management, water management,
  particulate matter and sediment controls, and
  pasture management with minimum point
  requirements in each category (5 or 10 points)
• Greater than 35 points would be difficult to
  implement without significant costs
• Regional optimization of BMPs rather than random
  selection
• Facilitate flexible, tailored BMP plans for
  individual properties

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II. Source ControlsA. Levels of Implementation,
Timelines, and BMP Points

• Proposal 1 Eliminate Increasing Levels of
  Implementation
• One uniform level of 35 points will be required
• If basin is determined out-of-compliance,
  optimization will be required but not necessarily
  an increase in BMP points
• Build in enough time to provide for
  implementation timeframes

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II. Source ControlsA. Levels of Implementation,
Timelines, and BMP Points

• Proposal 2 35 point Comprehensive BMP Plans with
  minimum point requirements in each BMP category
• 10 minimum points required in Nutrient Control
  Practices
• 5 minimum points required in Water Control
  Practices
• 5 minimum points required in Particulate Matter
  and Sediment Control Practices
• 5 minimum points required in Pasture Management
  Practices if land use is pasture

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II. Source ControlsA. Levels of Implementation,
Timelines, and BMP Points

• Proposal 2
• Example 1 Vegetables

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II. Source ControlsA. Levels of Implementation,
Timelines, and BMP Points

• Proposal 2
• Example 2 Sugar Cane

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II. Source ControlsA. Levels of Implementation,
Timelines, and BMP Points

• Proposal 2
• Example 3 Unimproved Pasture/Native Range

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II. Source ControlsA. Levels of Implementation,
Timelines, and BMP Points

• Proposal 2
• Example 4 Improved Pasture

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II. Source ControlsA. Levels of Implementation,
Timelines, and BMP Points

• Proposal 3 A guideline for accepting flexible or
  tailored BMP plans can be developed and included
  in the Rule
• Data, research, literature, etc. can be used to
  support flexible or tailored BMP plans
• Forms for reporting these BMPs can be created

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II. Source ControlsB. List of BMPs, BMP
Descriptions, and BMP Optimization

• Summary of Comments and Ideas
• IFAS should be involved in providing BMP
  expertise
• Allow the use of BMPs in FDACS manuals if they
  meet Rule 40E-63 requirements (forms, etc. to
  limit duplicate documentation)
• Include Other BMP category for BMP
  demonstration projects
• Optimize the BMPs already implemented
• Provide incentives for BMP demonstration projects
• Demonstration project BMPs should be able to
  become an accepted BMP without having to revise
  the Rule

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II. Source ControlsB. List of BMPs, BMP
Descriptions, and BMP Optimization

• Summary of Comments and Ideas, Contd
• Effectiveness of surface water reservoirs should
  be evaluated and optimized
• Surface water reservoirs can be evaluated and
  given BMP credit based on their water quality
  function
• Under Comprehensive BMP Plan, surface water
  reservoirs should provide requirements of water
  management and particulate matter and sediment
  controls if they serve the functions of those
  BMPs

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II. Source ControlsB. List of BMPs, BMP
Descriptions, and BMP Optimization

• Proposal 1 Alternative BMPS (Research,
  Demonstration, FDACS, etc)
• Practice proposed by applicant that reduces
  phosphorus loads discharged from the property
• Methodology can be written that outlines the
  technical justification required for acceptance
  of BMPs
• The technical justification could come from IFAS,
  FDACS, etc. as long as they meet the requirements
  of the Rule

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II. Source ControlsB. List of BMPs, BMP
Descriptions, and BMP Optimization

• Proposal 1 Contd Alternative BMPs (Research,
  Demonstration, FDACS, etc)
• Documentation required would at a minimum
  provide
• Description of BMP and how it will be implemented
• Technical documentation (could be from
  literature, consultant evaluation of property,
  water quality data), etc. showing the
  applicability to the specific crop and soil types
• Description of how implementation will be
  documented
• Description of any training that may be necessary

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II. Source ControlsB. List of BMPs, BMP
Descriptions, and BMP Optimization

• Proposal 2 Evaluation of Surface Water
  Reservoirs Based on Water Quality Function
• BMP credit for reservoir will be based on an
  evaluation procedure
• Based on evaluation, reservoirs would receive
  maximum credit or less credit
• Default BMP credit for reservoirs without
  evaluation?
• Determination of whether reservoir provides both
  Water Control Practice and Particulate Matter and
  Sediment Control BMP credit requirements could be
  part of this evaluation

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II. Source ControlsB. List of BMPs, BMP
Descriptions, and BMP Optimization

• Proposal 2, Contd Evaluation of Surface Water
  Reservoirs Based on Water Quality Function
• Evaluation could be based on
• Residence time
• Inflow/outflow points maximized for mixing and
  circulation
• Flow path
• Dike integrity, vegetative cover, etc.
• Littoral zones at control elevation
• Operation and maintenance of system
• Water quality/quantity data

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Information Pre/Post Land Use Change Analysis

• Used in the Lake Okeechobee Watershed
• Changes in land use must be evaluated to
  determine if project will result in a net
  phosphorus input increase
• A phosphorus (P) budget can be used
• Itemized accounting of imports and exports for
  land parcel
• If the net P import (total import total export)
  for the proposed land use is less than the
  current land use, and the runoff volume is less,
  then the P load can also assumed to be less

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Information STA-5 Performance WY2006

• Total TP load for C-139 was 107 mt
• STA-5 received 53 mt of TP
• This amount is approximately 88 percent more than
  the 31-year long-term average annual simulated
  inflow TP load for this STA
• STA-5 removed about 29.3 mt of TP

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Information STA-5 Expansion

• 2,560 acres
• Flow-capable as of December 31, 2006

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Information STA Expansion Compartment C Buildout

• Currently in design phase
• 6,200 acres
• Flow-capable by
• December 31, 2010

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Public Comment/Discussion Moderator Carmela
Bedregal, P.E., Senior Supervising Engineer,
Everglades Regulation Division
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Discussion Points

• Permit types
• Comprehensive BMP plans
• Adoption of alternative BMPs and BMP plans
• Evaluation of surface water reservoirs
• Additional Discussion on Pre/Post Development
  Evaluation
• Introduce How can farm-level, synoptic, and
  network monitoring data be used for optimization
  of BMP Program?

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Wrap-up and Action Items for Next Workshop