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| EPA/WATER | RIN: 2040-AF45 | Publication ID: Fall 2014 |
| Title: Rulemaking to Stay Certain Sections of the State of Florida's Lakes and Flowing Waters Final Rule | |
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Abstract:
Consistent with the terms of a 2009 303(c)(4)(B) determination and Consent Decree, EPA promulgated final numeric nutrient criteria for lakes, springs, and flowing waters (outside of the South Florida Region, defined as those areas south of Lake Okeechobee and the Caloosahatchee River and St. Lucie watersheds) on November 15, 2010. This final "inland waters rule" also included numeric downstream protection values ("DPVs") for the protection of downstream lakes, and a provision for interested parties to derive site-specific alternative criteria. The final rule and EPA's underlying determination that numeric nutrient criteria are necessary in Florida were subsequently challenged by a number of parties. On February 18, 2012, the Court presiding over the case upheld EPA's determination, and upheld all challenged portions of the final inland waters rule, with the exception of the stream criteria and default DPVs for unimpaired lakes. 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. On December 14, 2012, EPA published a proposed rule to temporarily stay the upheld portions of the inland waters rule to November 15, 2013. These upheld portions included two of the three approaches for deriving DPVs (DPVs derived using a technical model, and default DPVs using the downstream lake criteria when the downstream lake is impaired) as well as criteria for Florida's lakes and springs. On January 7, 2014, the Court granted EPA's motion to modify the Consent Decree. As a result of this ruling, EPA is proposing to withdraw the upheld portions of the inland waters rule, making a temporary stay unnecessary. EPA therefore no longer intends to finalize this December 14, 2012 rule. |
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| Agency: Environmental Protection Agency(EPA) | Priority: Substantive, Nonsignificant |
| RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Completed Actions |
| Major: No | Unfunded Mandates: No |
| CFR Citation: 40 CFR 131 | |
| Legal Authority: 33 USC 1251 et seq | |
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Legal Deadline:
None |
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Timetable:
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| Regulatory Flexibility Analysis Required: No | Government Levels Affected: None |
| Small Entities Affected: No | Federalism: No |
| Included in the Regulatory Plan: No | |
| RIN Data Printed in the FR: No | |
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Agency Contact: Tracy Bone Environmental Protection Agency Water 4601M, Washington, DC 20460 Phone:202 564-5257 Fax:202 564-3753 Email: Bone.Tracy@epamail.epa.gov Corey Buffo Environmental Protection Agency Water 4305T, 1200 Pennsylvania Avenue NW, Washington, DC 20460 Phone:202 566-1279 Email: buffo.corey@epa.gov |
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