United States
Office of Water EPA - 823-F-12-002
oEPA Environmental Protection
Agency	4305T	July 2012
Effective Date Extension for Water Quality Standards
for Florida's Lakes and Flowing Waters
Summary
EPA is extending the July 6, 2012 effective date
of the "Water Quality Standards for the State of
Florida's Lakes and Flowing Waters; Final
Rule" (inland waters rule) by six months to
January 6, 2013. This action will avoid the
confusion and inefficiency that may occur
should federal water quality criteria become
effective while state criteria are reviewed by
EPA.
The EPA's final inland waters rule also included
a separate effective date for a site-specific
alternative criteria provision, which took effect
on February 4, 2011. This final rule does not
affect or change the February 4, 2011 date.
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 number
one industry, employs nearly one million
Floridians and pumps billions into the State's
economy each year, including generating
thousands of jobs and 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 the EPA in 2008. This was followed by
EPA's January 2009 determination under the
Clean Water Act that specific or "numeric"
nutrient standards are needed in Florida. A
consent decree settling the lawsuit, entered into
in August 2009, requires the EPA to adopt
numeric nutrient pollution standards for lakes
and flowing waters by November 2010.
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 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. This promulgation was in
accordance with the previously mentioned Clean
Water Act determination, the August 2009
consent decree, and subsequent revisions to that
consent decree.
State of Florida's Rulemaking
In the fall of 2011, FDEP developed and the
Florida legislature ratified numeric nutrient
criteria for inland waters and some estuarine
waters. On February 20, 2012 Florida sent its
rule to the EPA to review pending the resolution
of an administrative challenge. On June 7, 2012,
a State administrative court judge ruled in favor
of the State, clearing the way for the State to
officially submit its rules to the EPA. On June

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13, 2012, FDEP formally submitted the rules to
EPA for review pursuant to CWA section
303(c). EPA will review the new or revised
water quality standards pursuant to Clean Water
Act section 303(c).
About this Rulemaking
The 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 had extended the March 6
effective date to July 6, 2012. This rulemaking
extends the effective date by six months to
January 6, 2013. It does not change the February
4, 2012 effective date for the site-specific
alternative criteria provision.
The scope of this final rule is limited; it only
seeks to delay the effective date of the inland
waters rule. Hence, this final rule is not a new
regulation. The final 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 final 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 ,tracv@epa. gov at
(202) 564-5257.

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