In a Friday, July 1, Federal Register notice, the EPA notified the State of Florida that it rejects the state's proposal for controlling phosphorus, and suggested their own regulations to control nutrient levels in Florida Everglades. The rule would identify provisions of Florida's Water Quality Standards for Phosphorus in the Everglades Protection Area (Phosphorus Rule) and Florida's Amended Everglades Forever Act (EFA) that EPA has disapproved. Because provisions of the EFA were subject to federal approval under the water quality standards for purposes of the Clean Water Act., the EPA's decision effectively means this particular state rule is nixed.

The two provisions are the same as those the EPA disapproved in 2009.

The EPA is proposing the rule following the agency's disapproval of these provisions and the EPA's specific directions to the State of Florida to correct these deficiencies in the Phosphorus Rule and EFA. The disapproval, specific directions to the state, and the proposed rule implement two orders by the U.S. District Court for the Southern District of Florida. According the EPA, the intended effect of the proposed rule is to identify only those provisions of Florida law that the agency has disapproved and that therefore are not applicable water quality standards for purposes of the Clean Water Act.

Comments must be received on or before Aug. 1, 2011.

SOURCE: Federal Register