Water Quality Standards For Florida Streams and Downstream Protection of Lakes

US EPA has released a Notice of Proposed Rule Making (NPRM) for a rule to address an order by the U.S. District Court for the Northern District of Florida from February 18, 2012 The District Court had 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 proposed rule will either provide additional justification for the criteria derived or derive different criteria using the reference condition approach for Florida streams and for the derivation of the downstream protective values (DPVs) for unimpaired lakes. The rule will address the likelihood of adverse impact, i.e., imbalance in natural populations of aquatic flora and fauna, occurring at concentrations greater than the stream criteria and the DPVs for unimpaired lakes.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.
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Preliminary Review Of Florida Nutrient Criteria For Inland and Estuarine Waters

In a letter to Florida Department of Environmental Protection (FDEP) US EPA has provided a preliminary review of the FDEP draft rule on numeric nutrient criteria for inland and estuarine waters. Although EPA's final decision to approve or disapprove the nutrient criteria rule submitted by FDEP will follow the formal review of the rule and record under section 303(c) of the Clean Water Act (CWA), the early review led EPA to the preliminary conclusion that the agency would be able to approve the draft rule under the CWA.

The rulemaking package must undergo review and potential modification by the State's Environmental Review Commission (ERC) and Legislature. The preliminary conclusions from the review could change if modifications are made before and/or during the State ERC or legislative process, or if final review of the technical information and public comments identifies reasons why the final rule does not meet the requirements of the CWA.

If EPA formally approves FDEP's final nutrient criteria, EPA would initiate rulemaking to withdraw federal numeric nutrient criteria for any waters covered by the new and approved state water quality standards.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Final Nutrient Standards For Florida Inland Waters

U.S. Environmental Protection Agency (EPA) has finalized nutrient water quality standards for Florida surface waters. The final standards set numeric limits on the amount of nutrient discharges allowed in Florida’s lakes, rivers, streams and springs. These new standards will become effective in 15 months, allowing cities, towns, businesses, other stakeholders and the state of Florida an opportunity to review the standards and develop strategies for implementation.

During the 15-month period before the numeric standards take effect, EPA will work with the state to determine the next steps to achieve the objectives of the standards. The standards reflect conditions in five different watershed regions and allow for case-by-case adjustments based on local environmental factors while maintaining water quality. Governments or other dischargers can seek special consideration in cases where the state and local communities have extensively assessed water bodies and effective measures are in place to reduce nutrient pollution.

As background, the Florida Wildlife Federation filed a 2008 lawsuit against EPA, resulting in a finding in January 2009 that under the Clean Water Act nutrient standards are necessary for Florida. The resulting settlement, reflected in a consent decree entered in August 2009, required EPA to adopt numeric nutrient standards by November 2010. The final rule complies with this consent decree. Under the decree, EPA is required to issue additional standards for Florida’s coastal waters by August 2012 and anticipates submitting the underlying science for these standards to its independent Science Advisory Board for peer review in the near future.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Everglades Phosphorus Standard Amended Determination

U.S. Environmental Protection Agency (EPA) directed the state of Florida to take specific measures to restore water quality to levels that protect the Everglades. This action, known as an “Amended Determination,” complies with a decision by the U.S. District Court – Southern District of Florida following lawsuits by the Miccosukee Tribe of Indians and the Friends of the Everglades. The District Court’s April 14 decision directed EPA to give clear and comprehensive instructions to Florida by September 3, 2010.

As required by the court’s decision, EPA has notified Florida that water quality standards for phosphorus are not being achieved in all parts of the Everglades and that further reductions of phosphorus pollution are needed in the area south of Lake Okeechobee.

EPA has identified a set of actions and milestones needed to meet clean water standards in the Everglades including an expansion of marsh treatment areas that treat phosphorus in the runoff water before it is released to the Everglades. There are currently about 60,000 acres of these marsh treatment systems already in place or under construction. EPA’s actions call for another 42,000 acres of treatment area.

The Amended Determination addresses several actions which the State of Florida and the South Florida Water Management District will need to take, including to amend existing permits for the discharges to the Everglades.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Florida Nutrient Criteria - Extension of Public Comment

U.S Environmental Protection Agency (EPA) is extending the comment period for the agency’s proposed Florida water quality standards. The comment period is being extended for 30 days and will now end on April 28. The agency will also hold three more public hearings in Florida to obtain additional input and comments on the proposed rulemaking.

In 2009, EPA entered into a consent decree, approved by the U.S. District Court for the Northern District of Florida, with the Florida Wildlife Federation to propose limits for specific nutrients. The proposed action released for public comment would set a series of numeric limits for phosphorus and nitrogen.

The proposed action also introduces and seeks comment on a new adaptive management regulatory process for setting standards in a manner that drives water quality improvements in already impaired waters. The proposed new regulatory provision, called restoration standards, would be specific to nutrients in the State of Florida.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

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Florida Nutrient Criteria - Requirement for Numeric Standards

The US Environmental Protection Agency (EPA) has recently announced that the agency is taking actions to develop Nutrient Water Quality Criteria within the State of Florida. This includes EPA issuing a formal determination under the Clean Water Act that “numeric” nutrient water quality criteria are necessary in Florida, and concluding the State needs to accelerate its efforts to adopt numeric nutrient criteria.

Florida’s most recent Water Quality Assessment estimated that more than 1,000 miles of rivers and streams, 350,000 acres of lakes, and 900 square miles of estuaries are impaired by nutrients. The new numeric nutrient water quality standards will help the Florida Department of Environmental Protection (FDEP) improve the efficiency and effectiveness of its water quality management tools, identify waters impaired because of nutrient pollution, establish total maximum daily loads and Basin Management Action Plans, and derive National Pollutant Discharge Elimination System (NPDES) permit limits.

EPA expects to propose numeric nutrient standards for lakes and flowing waters within 12 months, and for estuaries and coastal waters within 24 months.

Caltha LLP provides expert consulting services to public and private sector clients nationwide to address water quality standards, wastewater permitting and assessing potential impacts of chemicals in the aquatic environment.

Caltha LLP Aquatic Toxicology / WQ Standards Services Website