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.

1. APA Florida 2011 Conference FDEP Unified Stormwater Rule Vs. EPA Numeric Nutrient Criteria by Robert W. Higgins, P.E. West Palm Beach, Florida September 9, 2011

2. Question: How does the EPA Numeric Nutrient Criteria fit with the Unified Stormwater Rule proposed by Florida Department of Environmental Protection ?

4. There is a considerable amount of confusion

5. EPA NNC Applies to All Discharges

7. STATEWIDE RULE STATUS 2008 – 2009: Technical Advisory Comm. May 2010: Conducted Public Workshops September 2010: Revised Draft Rule Criteria November 2010: Conduct Public Workshops March 2011: Revised Draft Rule Criteria (additional workshops TBD) May 2011: Authorizing Legislation – Not Filed July 2011 or Later: Rule Adoption – Not Done Next Step – Unknown Recent Senate Committee Report Recommends a Uniform Statewide Environmental Resource Permit

8. WHY NOW?

10. STATEWIDE STORMWATER RULE OBJECTIVES Increase Nutrient Removal Requirements for Discharge to Impaired Waters Statewide Consistency Additional BMPs BMP Treatment Train Credit Encourage Low Impact Design Encourage Redevelopment & Retrofitting Rule not applicable to Agricultural Uses

11. 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

12. BMPs Primary 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)

13. BMPs Additional BMPs Needing More Input/Data Underdrain Filtration (dry retention with underdrains) Dry Detention Wetland Treatment Vegetated Buffers Managed Aquatic Plant Systems Low Impact Design BMPs

14. REDEVELOPMENT & RETROFITS Currently, redevelopment that demolishes to bare earth will require full treatment However, 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

18. PROBLEMS “Pre” is Considered to be “Pre Man” Wetlands Are Considered Neutral Limited Data Does One Size Fit All? (Five WMD’s For a Reason) Unknown Benefits For Certain BMP’s Agriculture is Exempt Large Economic Impact (More Land Area Required) Criteria is Still Presumptive Compliance With NNC Unknown Lengthy Rulemaking – Likely Challenged

19. APA Florida 2011 Conference FDEP Unified Stormwater Rule vs. EPA Numeric Nutrient Criteria QUESTIONS