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Progress Toward Restoring the Everglades The Fourth Biennial Review, 2012 (2012) / Chapter Skim
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Appendix E: Status of Numerical Nutrient Water Quality Criteria for the State of Florida
Pages 231-234

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From page 231...
... In 2008, the Florida Wildlife Federation and four other environmental organizations filed a lawsuit against EPA, asserting that because the state of Florida had not yet adopted numeric nutrient criteria, the CWA obligated EPA to establish them. The Florida Department of Agriculture and Consumer Services, the South Florida Water Management District (SFWMD)
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From page 232...
... Administrator's determination that ‘numeric nutrient criteria are necessary for Florida waters to meet the Clean Water Act's requirements,' upholds the Administrator's lake and spring criteria, invali dates the stream criteria, upholds the decision to adopt downstream protec tion criteria, upholds some but not all of the downstream protection criteria, and upholds the Administrator's decision to allow -- and the procedures for adopting -- ­ ite-specific alternative criteria."1 Pursuant to the court's order, s most of EPA's rule has been determined to be valid and was to "take effect on March 6, 2012 -- or an extended date approved by the court under .
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From page 233...
... The petition stated that FDEP was committed to develop and formally adopt its rule by January 2012, followed by legislative ratification under Florida law. On June 13, 2011, EPA sent an "Initial Response" to FDEP's petition stating that "EPA is prepared to withdraw the federal inland standards if FDEP adopts, and EPA approves, their own protective and scientifically sound numeric standards." On October 24, 2011, FDEP submitted its draft numeric nutrient criteria rule to EPA, and EPA responded with support for FDEP's efforts, stating its preliminary conclusion that EPA would approve the October 2011 draft rule.
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From page 234...
... The rule establishes no numeric nutrient threshold for streams in the South Florida region; the narrative criterion continues to apply to streams in this area. The FDEP rule excludes certain man-made ditches, canals, and other conveyances, as well as wetlands, certain non-perennial water segments, portions of streams that exhibit lake characteristics, and tidally influenced stream segments from the definition of "stream" within the rule; as such, the narrative standard continues to apply to these bodies until numeric interpreta tions can be scientifically established.
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