Jump to main content or area navigation.

Contact Us

Water: Regulatory Information

Federal Water Quality Standards for the State of Florida


Clean water is vital to Florida's economy. Jobs depend on it. Algae blooms—the thick, green muck that fouls clear water––can produce toxins harmful to humans, animals and ecosystems across the state of Florida.

According to the Florida Department of Environmental Protection's list of impaired waters, about 1,918 miles of rivers and streams are currently impaired for nutrients. The number of miles grew from approximately 1000 miles in 2008 to approximately 1900 miles in 2010. Impaired acres of lakes increased from 350,000 acres in 2008 to 378,000 in 2010.

Although Florida has made intensive efforts to diagnose and control nutrients in the state, significant nitrogen and phosphorus pollution persists. Hydrological modifications, intensive agricultural production, population growth and associated urban and suburban development, all increase runoff and result in nutrient impacts.

After working with the state for a number of years to develop numeric criteria to limit this nutrient pollution, the EPA was sued by the Florida Wildlife Federation which argued that EPA had an obligation to promulgate the standards itself until the state acted.  EPA evaluated the situation in Florida and found that the number of waters impaired by nutrient pollution was growing and the state's narrative standards for water quality—verbal descriptions of clean water conditions— did not provide an adequate basis to effectively address the scope and magnitude of the problem. In early 2009, EPA determined numeric limits of nitrogen and phosphorus pollution were necessary, whether issued by the state or EPA.

EPA is setting Numeric Nutrient Standards for the State of Florida in two stages – one rule for inland water bodies outside of the South Florida Region (established in the fall of 2010 and effective as of March 6, 2012) and a second rule for estuaries, coastal waters and flowing waters in the South Florida Region (currently due to be proposed in March 2012). EPA will continue to work closely with the state and local communities to protect and restore Florida's waters.

EPA is currently considering comments received on its proposed rule to extend the effective date of the inland rule to June 4, 2012.

EPA will continue to work closely with the state and local communities to protect and restore Florida's water.

Top of page

FDEP Petition

On April 22, 2011, the FL Department of Environmental Protection (FDEP) submitted a petition (PDF) (39 pp, 1.2MB) to EPA's Administrator Jackson requesting her to withdraw EPA's January 2009 determination that numeric nutrient criteria are necessary in Florida, repeal Federal rulemaking completed in November 2010 to establish such criteria for inland lakes and streams, and refrain from proposing or promulgating any further numeric nutrient.

The petition outlines FDEP's plans to undertake its own rulemaking for nutrient criteria for state waters. The projected rulemaking schedule calls for a Notice of Rule Development in June, a rule development and public outreach process through the summer and early fall of 2011, and adoption of a final rule in January 2012, to be followed by a legislative ratification process under Florida law.

On June 13, 2011 EPA sent an initial response (PDF) (3 pp, 120K) to FDEP's petition. EPA supports FDEP's commitment to recommence its rulemaking efforts for both inland and estuarine waters. EPA recognizes that states have the primary role in establishing and implementing water quality standards for their waters. Therefore, EPA is prepared to withdraw the federal inland standards if FDEP adopts, and EPA approves, their own protective and scientifically sound numeric standards. In addition, EPA is prepared to adjust the timetables for implementing the inland rule and proposing our estuarine and coastal waters rule if FDEP's rulemaking efforts progress in accordance with FDEP's proposed schedule to avoid overlap with the final stages of the state rulemaking process.

Top of page

Background

Pursuant to a January 2009 Clean Water Act determination and a consent decree with Florida Wildlife Federation to settle a 2008 lawsuit, EPA proposed numeric nutrient water quality standards for lakes and flowing waters in Florida in January 2010, and established final standards in November 2010. EPA also committed to propose numeric nutrient water quality standards for Florida's estuarine coastal, and southern inland flowing waters by November 14, 2011, and establish final standards by August 15, 2012.

On January 26, 2010, EPA published Proposed "Water Quality Standards for the State of Florida's Lakes and Flowing Waters" (75 FR 4173). EPA conducted 13 public hearing sessions in six cities in Florida and held a 90-day public comment period following publication of the proposed rule. EPA received over 22,000 public comments on the proposal.

On August 3, 2010, EPA published a notice supplementing the January 26, 2010 proposed numeric nutrient water quality standards for lakes and flowing waters in the State of Florida. EPA received 71 public comments on the supplemental notice.

More information on the consent decree.

More information on the rulemaking for Florida's estuarine, coastal and southern inland flowing waters.

On November 14, 2010, EPA Administrator Lisa P. Jackson signed Final "Water Quality Standards for the State of Florida's Lakes and Flowing Waters." The final standards set numeric limits, or criteria, on the amount of nutrient pollution allowed in Florida's lakes, rivers, streams and springs. This final action seeks to improve water quality, protect public health, aquatic life and the long term recreational uses of Florida's waters which are a critical part of the state's economy. The rule will take effect on March 6, 2012 except for the site-specific alternative criteria (SSAC) provision, which is effective February 4, 2011. EPA extended the effective date for the rule for 15 months to allow cities, towns, businesses and other stakeholders as well as the State of Florida a full opportunity to review the standards and develop flexible strategies for implementation.

Top of page

Information Regarding Florida Site Specific Alternative Criteria (SSAC) Submissions

As of February 4, 2011, the provision of EPA's Final Rule allowing SSAC was effective. SSAC may apply to specific surface waters in lieu of the criteria established in the 2010 Final Rule for Florida's Inland Waters.  On March 8, 2011, EPA Region 4 hosted a webinar which provided additional detail regarding the expectations of SSAC submissions.  The materials from this webinar can be found in the following section.  

More information on SSAC submissions that have been received to date.

EPA's Webinars on Florida Nutrient Final Rule

Note: This section is intended to provide you with access to the presentations and audio captured from the webinars. We will be updating this page with the files as soon as they become available.

AUDIO DISCLAIMER: By downloading the following audio files you are agreeing to the terms of its usage. Due to the significant interest in obtaining the audio portion of the webinars, EPA is providing these audio files in order to further extend the outreach opportunities to all interested parties. As explained during the webinars, the webinars were intended to provide the opportunity to learn more about EPA's Final Numeric Nutrient Criteria Rule for the State of Florida as well as an opportunity to ask questions of EPA staff and management regarding EPA's Final Rule. This audio does not represent final Agency action, guidance, policy, or rule.

The audio files are divided into two files for each webinar, one for the presentation portion and one for the questions and answer (Q&A) portion. Given the significant interest in the responses to the Q&As, EPA will be providing formal written Q&A responses to ensure that the answers reflect the complete response required to fully answer the question. The audio responses do not represent the complete or full response and are not, nor do they represent, final Agency action, guidance, policy, or rule.

Region 4 Florida Nutrient Ruling: Clarifying Points/Rule Development (PDF) (15 pp, 1.6MB)
Tue, Nov 30, 2010 9:00 AM - 11:00 AM EST
Clarifying Points/Rule Development - Presentation Transcript (PDF) (18 pp, 104K)
Clarifying Points/Rule Development - Presentation (MP3) (40 minutes)
Clarifying Points/Rule Development - Q&A (MP3) (78 minutes)

Region 4 Florida Nutrient Ruling: Focus on TMDLs, 303(d) listing, and Site-specific Criteria (PDF) (31 pp, 200K)
Thu, Dec 2, 2010 1:00 PM - 3:00 PM EST
Focus on TMDLs, 303(d) listing, and Site-specific Criteria - Presentation Transcript (PDF) (13 pp, 105K)
Focus on TMDLs, 303(d) listing, and Site-specific Criteria - Presentation (MP3) (28 minutes)
Focus on TMDLs, 303(d) listing, and Site-specific Criteria - Q&A (MP3) (67 minutes)

Region 4 Florida Nutrient Ruling: Focus on POTWs and Stormwater (PDF) (21 pp, 194K)
Tue, Dec 7, 2010 9:00 AM - 11:00 AM EST
Focus on POTWs and Stormwater - Presentation Transcript (PDF) (10 pp, 85K)
Focus on POTWs and Stormwater - Presentation (MP3) (22 minutes)
Focus on POTWs and Stormwater - Q&A (MP3) (78 minutes)

Region 4 Florida Nutrient Ruling: Focus on Agriculture (PDF) (29 pp, 255K)
Tue, Dec 7, 2010 1:00 PM - 3:00 PM EST
Focus on Agriculture - Presentation (MP3) (35 minutes)
Focus on Agriculture - Presentation Transcript (PDF) (15 pp, 109K)
Focus on Agriculture - Webinar Q&A (PDF) (3 pp, 56K)
Focus on Agriculture - Q&A (MP3) (78 minutes)

Region 4 Florida Nutrient Ruling: Federal Site Specific Alternative Criteria (SSAC) Procedures (PDF) (20 pp, 498K)
Tue, March 8, 2011 10:00 AM - 12:00 PM EST
Federal SSAC Procedures - Presentation (MP3) (25 minutes)
Federal SSAC Procedures - Q&A (MP3) (90 minutes)
Federal SSAC Procedures - Presentation Transcript (PDF) (13 pp, 82K)

Top of page

Water Quality Standards for the State of Florida's Lakes and Flowing Waters; Supplemental Notice of Data Availability and Request for Comment

EPA published a supplemental notice of data availability and a request for comment related to EPA's January 26, 2010 notice of proposed rulemaking, "Water Quality Standards for the State of Florida's Lakes and Flowing Waters" (75 FR 4173). This notice reflects a review of comments and new information received by EPA as part of the public comment process after the January 2010 proposed rule. EPA requested further comment on possible revisions and new information related to specific approaches and issues identified in the January 26, 2010 proposal. EPA published this supplemental notice to ensure that the public has full access to the information the Agency is considering as it prepares the final rule for signature.

Top of page

Proposed Water Quality Standards for the State of Florida's Lakes and Flowing Waters

Overview

EPA proposed numeric nutrient water quality standards for lakes and flowing waters, including canals, within the State of Florida and proposed regulations to establish a framework for Florida to develop "restoration standards" for impaired waters. EPA issued this proposed rule pursuant to a determination that EPA made on January 14, 2009, under section 303(c)(4)(B) of the Clean Water Act. The determination states that numeric nutrient water quality standards for lakes and flowing waters and for estuaries and coastal waters are necessary for the State of Florida to meet the requirements of Clean Water Act section 303(c). EPA signed the proposed rule addressing lakes and flowing waters on January 14, 2010, per the terms of a consent decree. This proposed rule was published in the Federal Register on January 26, 2010.

If you have questions about the proposed rule contact Danielle Salvaterra (salvaterra.danielle@epa.gov) at 202-564-1649.

Public Input on the Proposed Rulemaking

EPA extended the public comment period for the proposed rule for an additional 30 days. The extended public comment period closed on April 28, 2010.

Public Hearings

EPA's public hearings in Florida afforded an opportunity for the public to provide oral and/or written comments on EPA's proposed rule. EPA held public hearings in Tallahassee, Orlando and West Palm Beach on February 16, 17 and 18, 2010, respectively. EPA held additional public hearings in Fort Myers, Tampa and Jacksonville on April 13, 14, and 15, 2010, respectively. Below are the transcripts and attendee lists for each of the sessions held in those cities.

Public Hearings Held in April 2010
HEARING DATE TRANSCRIPT ATTENDEES LIST
April 13 in Fort Myers FL Hearing Afternoon (PDF) (83 pp, 185K)
FL Hearing Evening (PDF) (51 pp, 115K) 		Attendee List Afternoon (PDF) (11 pp, 152K)
Attendee List Evening (PDF) (5 pp, 140K)
April 14 in Tampa FL Hearing Afternoon (PDF) (104 pp, 210K)
FL Hearing Evening (PDF) (62 pp, 128K) 		Attendee List Afternoon (PDF) (16 pp, 171K)
Attendee List Evening (PDF) (3 pp, 133K)
April 15 in Jacksonville FL Hearing Afternoon (PDF) (82 pp, 170K)
FL Hearing Evening (PDF) (19 pp, 41K) 		Attendee List Afternoon (PDF) (9 pp, 152K)
Attendee List Evening (PDF) (2 pp, 119K)


Public Hearings Held in February 2010
HEARING DATE TRANSCRIPT ATTENDEES LIST
February 16 in Tallahassee

FL Hearing Morning (TXT) (144K)
FL Hearing Afternoon (TXT) (264K)

FL Hearing Evening (TXT) (135K)

Attendee List Morning (PDF) (10 pp, 159K)
Attendee List Afternoon (PDF) (11 pp, 169K)
Attendee List Evening (PDF) (4 pp, 148K)
February 17 in Orlando FL Hearing Afternoon (TXT) (233K)
Volume 1
FL Hearing Afternoon (TXT) (232K)
Volume 2
FL Hearing Evening (TXT) (230K)  		Attendee List Afternoon (PDF) (26 pp, 203K)
Attendee List Evening (PDF) (7 pp, 157K)
February 18 in West Palm Beach FL Hearing Afternoon (TXT) (35K)
FL Hearing Evening (TXT) (200K) 		Attendee List Afternoon (PDF) (18 pp, 185K)
Attendee List Evening (PDF) (4 pp, 146K)

Top of page

Jump to main content.