x>EPA
United States
Environmental Protection
Agency
Office of Water EPA - 820-F-12-060
4305T
November 2012
Water Quality Standards for the State of Florida's Lakes
and Flowing Waters; Proposed Rule; Stay
Summary
EPA is proposing to temporarily stay the "Water
Quality Standards for the State of Florida's
Lakes and Flowing Waters; Final Rule" (inland
waters rule) until November 15, 2013.
EPA has approved the Florida Department of
Environmental Protection's (FDEP) rules
establishing numeric limits on the amount of
nitrogen and phosphorus allowed in Florida's
waterways. These pollutants, collectively called
"nutrients," cause algal blooms and are among
the largest contributors to water quality
problems in Florida. Following a thorough
review of the State's rules and supporting
documents, EPA determined they are consistent
with the requirements of the Clean Water Act
(CWA) and applicable federal regulations for
the water bodies they cover.
EPA's goal is for FDEP to adopt appropriate
numeric nutrient criteria for all remaining
Florida waters that are determined to be Class I,
II, and/or III water bodies, thereby eliminating
the need for EPA rules. However, court orders
resulting from settlement of a 2008 lawsuit with
the Florida Wildlife Federation required EPA to
propose the federal rules by November 30, 2012.
Background
Nitrogen and phosphorus pollution (also known
as "nutrient pollution") is one of the largest
causes of the water quality problems in Florida.
Limiting nutrient pollution across the State will
help protect the health of Floridians and also
preserve Florida's greatest asset—clean water—
and the prosperity and jobs that go with it.
Florida's tourism industry, the State's top
industry, employs nearly one million Floridians
and pumps billions of dollars into the State's
economy each year, including well over $3
billion in taxes.
Nitrogen and phosphorus pollution causes
harmful algae blooms which produce toxins
harmful to both humans and animals, and
deplete oxygen needed for fish and shellfish
survival. It can also smother vegetation, discolor
water and result in the formation of byproducts
in drinking water from disinfection chemicals,
some of which have been linked with serious
human illnesses. Nutrient water pollution
originates from stormwater runoff, municipal
wastewater treatment, fertilization of crops and
livestock manure. Nitrogen also forms from the
burning of fossil fuels, like gasoline, and can
enter water bodies through rainfall and
atmospheric deposition.
Consent Decree and EPA's Inland Waters
Rulemaking
The Florida Wildlife Federation filed a lawsuit
against EPA in 2008. This was followed by
EPA's January 2009 determination under the
Clean Water Act that numeric nutrient standards
are needed in Florida. A consent decree settling
the lawsuit, entered into in December 2009, with
subsequent revisions, required the EPA to adopt
numeric nutrient pollution standards for waters
in the state of Florida.
On December 6, 2010, the final inland waters
rule was published in the Federal Register. The
final rule established numeric nutrient criteria, or
numeric limits on the amount of nutrient
pollution allowed in Florida's lakes and flowing
waters while still protecting applicable
designated uses.
By this action, EPA sought to improve water
quality, protect public health and aquatic life,
and ensure the long-term recreational uses of
Florida's waters, which are a critical part of the
State's economy.
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EPA's final inland waters rule was originally
scheduled to take effect on March 6, 2012,
except for the site-specific alternative criteria
provision, which took effect on February 4,
2011. EPA extended the March 6 effective date
to July 6, 2012 and again to January 6, 2013.
About this Rulemaking
This rulemaking proposes to temporarily stay
certain sections of the inland waters rule until
November 15, 2013. It does not change the
February 4, 2011 effective date for the site-
specific alternative criteria provision.
EPA's goal is for FDEP to adopt appropriate
numeric nutrient criteria for all remaining
Florida waters that are determined to be Class I,
II, and/or III water bodies, thereby eliminating
the need for EPA rules. This proposed stay will
allow time for EPA to determine the effect of
certain provisions in the newly approved FDEP
rules on the implementation of the rules, and the
impact of a recent administrative challenge filed
in the State of Florida Department of
Administrative Hearings. The desire outcome of
our continued collaboration with Florida is to
eliminate the need to finalize and be able to
withdraw the entire federal inland waters rule.
The scope of this proposed rule is limited; it
only temporarily delays certain sections of the
inland waters rule. Hence, this action is not a
new regulation. The proposed rule does not
involve technical standards, or impose any
economic impact burden on any small entity.
Citizens concerned with water quality in Florida
may be interested in this proposed rulemaking.
Entities discharging nitrogen or phosphorus to
lakes and flowing waters of Florida could be
indirectly affected by this rulemaking because
water quality standards are used in determining
National Pollutant Discharge Elimination
System permit limits.
Categories and entities that may ultimately be
affected include (1) industry, such as those
discharging pollutants to lakes and flowing
waters in the State of Florida; (2) municipalities,
such as publicly-owned treatment works
discharging pollutants to lakes and flowing
waters in the State of Florida, and (3)
stormwater management districts, including
entities responsible for managing stormwater
runoff in Florida.
For More Information
Contact Tracy Bone at bone .tracy@epa.gov or at
(202) 564-5257.
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