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.

Federal Rulemakings

Pursuant to a January 2009 Clean Water Act determination and a consent decree with Florida Wildlife Federation to settle a 2008 lawsuit EPA is setting federal numeric nutrient water quality 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 July 6, 2012) and a second rule for estuaries, coastal waters and flowing waters in the South Florida Region (currently due to be proposed in May 21, 2012). However, EPA prefers that the State of Florida implement its own numeric nutrient water quality criteria and is prepared to withdraw federal rules for any waters that become covered by State law that meets the requirements of the Clean Water Act. EPA will continue to work closely with the State and local communities to protect and restore Florida's waters.

On March 5, EPA promulgated an extension of the effective date of the inland rule by 4 months to July 6, 2012.  (The extension does not affect or change the February 4, 2011 date for the site-specific alternative criteria provision.)

On May 17, EPA proposed a further extension of the effective date by 3 months to October 6, 2012. The comment period ends on June 18, 2012.

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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.

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