Florida Water Environment Association

FDEP & EPA Numeric Nutrient Control Agreement

On March 15th, the Florida Department of Environmental Protection and the U.S. Environmental Protection Agency announced that they have reached a reconciliation on the four-year-long dispute over Florida’s nutrient water quality standards program.  An “agreement in principle” was reached between the two agencies and a “path forward” document that outlines the remaining steps needed to effectuate a single, state-run nutrient water quality standards program.The agreement builds off of momentum from November, when EPA approved the state's numeric nutrient criteria to cover all lakes, rivers, streams and springs, as well as estuaries from Clearwater Harbor to Biscayne Bay. 

"As a result of continued cooperation, the Department and EPA have developed a joint commitment to clean up Florida’s waterways,” said DEP Secretary Herschel T. Vinyard Jr. The plan includes proposing state legislation and adopting additional state rules that, when combined, will eliminate the need for continued dual rulemaking and secure the foundation for a singular, state-led solution for the state of Florida. The proposed legislation would require the Department to complete its nutrient criteria rulemaking for remaining coastal and estuarine waters by Dec. 1, 2014, and establish interim nutrient standards until then. 

In addition, the Department has adopted a clear implementation plan for the criteria so application of the new rules can occur immediately. The result will be Florida having numeric nutrient standards for lakes, streams springs, estuaries and coastal waters, and all but nearly 1 percent of these waterways in the state.

The FWEA Utility Council’s legal counsel and issue chair are analyzing these documents – including a proposed Florida legislative package.   

Click this link for access to the full press release as well asthe associated documents.