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EPA/WATER

RIN: 2040-AF39

Publication ID: Fall 2013

Title: Water Quality Standards for the State of Florida's Streams and Downstream Protection of Lakes: Remanded Provisions
Abstract: This final rule addresses an order by the U.S. District Court for the Northern District of Florida from February 18, 2012, which remanded to the EPA two portions of its numeric water quality standards for nutrients in Florida that were promulgated and published on December 6, 2010. This rule promulgates criteria for the remanded provisions and provides additional explanation: the flowing waters criteria derived using the reference condition approach for Florida streams and for the derivation of the downstream protective values (DPVs) for unimpaired lakes. Per the terms of the Consent Decree, EPA signed for publication in the Federal Register proposed criteria on November 30, 2012. EPA has approved as Water Quality Standards numeric nutrient criteria for streams and quantitative procedures for downstream protection developed by the State of Florida and there is uncertainty as whether finalization of this rule will be necessary. This is because EPA has amended its Determination to state that NNC are no longer necessary for water management Conveyances and DPVs, which are the remaining waters subject to this Phase I rule. EPA has filed a motion to modify the CD with the court asking the judge to modify the CD to relieve EPA of the obligation to Promulgate NNC for these waters. The judge has scheduled a hearing for September 24, 2013 and has stayed the August 31, 2013 deadline for these waters to 30 days after his ruling on EPA's motion.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Final Rule Stage
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 131
Legal Authority: 33 USC 1251 et seq

Legal Deadline:

Action	Source	Description	Date
NPRM	Judicial	11/30/2012 - Consent Decree deadline for NPRM - Florida Wildlife Federation v. EPA, #08-324, USDC Northern District of Florida	11/30/2012

Overall Description of Deadline: Per court order the final rule must be signed 30 days after the judge's ruling unless the judge grants EPA's motion to modify the CD for these waters

Timetable:

Action	Date	FR Cite
NPRM	12/18/2012	77 FR 74985
Final Rule	11/00/2013

Additional Information: Docket #:EPA-HQ-OW-2009-0596. http://water.epa.gov/lawsregs/rulesregs/florida_inland.cfm
Regulatory Flexibility Analysis Required: No	Government Levels Affected: State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
Sectors Affected: 2123 Nonmetallic Mineral Mining and Quarrying; 22132 Sewage Treatment Facilities; 31-33 Manufacturing
RIN Data Printed in the FR: No
Agency Contact: Mario Sengco Environmental Protection Agency Water 4305T, Washington, DC 20460 Phone:202 566-2676 Fax:202 566-9981 Email: sengco.mario@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