EPA Formally Approves Florida’s Water Plan

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EPA has accepted Florida’s Department of Environmental Protection (DEP) plan for managing numeric nutrient criteria (NNC) in the state’s waters. In March 2013, the DEP and EPA reached an agreement to continue the protection of Florida’s waterways from excess nitrogen and phosphorus pollution. This agreement, once implemented and completed, will be coupled with EPA’s prior approval in November of the Department’s adopted water quality standards. The result will be Florida having NNC standards for lakes, streams, springs, estuaries, and coastal waters, and all but nearly 1% of these waterways in the state.

In November 2012, EPA approved Florida’s numeric nutrient criteria for lakes, rivers, streams and springs, as well as estuaries from Clearwater Harbor to Biscayne Bay and the Florida Keys.

Late last year, DEP adopted numeric nutrient criteria for Panhandle estuaries.

Earlier this month, the Environmental Regulation Commission unanimously approved NNC for an additional 18 estuaries and 448 miles of open coastal waters, which includes the Loxahatchee River, Lake Worth Lagoon, Halifax River, Guana River/Tolomato River/Matanzas River, Nassau River, Suwannee River, Waccasassa River, Withlacoochee River, and Springs Coast (Crystal River to Anclote River). The action means the DEP has set rigorous nutrient criteria for more than 3,900 of the state’s estimated 4,290 coastal miles of estuaries, or 91% coverage.

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State legislation also required under this agreement was recently signed into law by Gov. Rick Scott. This legislation requires the Department to complete its nutrient criteria rulemaking for remaining estuaries and coastal waters by Dec. 1, 2014, and establishes interim nutrient standards for those remaining waters until then. The legislation further provides that state criteria will go into full effect when EPA withdraws all federal nutrient criteria rulemaking in Florida.

DEP’s secretary Herschel Vinyard praised in the EPA’s approval in the following statement: “Florida continues to fulfill the obligations reached in the path forward agreement in March to eliminate the need for continued dual rulemaking and secure the foundation for a singular, state-led solution for the state of Florida. The Department continues to set NNC for virtually all water bodies in the state furthering our position as a national leader in the adoption of these important standards.”

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