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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 
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.

 
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   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  12/14/2012  77 FR 74449   
Withdrawn  09/17/2014 
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 
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