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EPA Responses to Public Comments

"Water Quality Standards for the State of Florida's 

Lakes and Flowing Waters; Withdrawal"

This document is a compilation of the public comments received by the Environmental 

Protection Agency (EPA) on its proposed rule entitled "Water Quality Standards for the State of 

Florida's Lakes and Flowing Waters; Withdrawal," which was published in the Federal Register 

(Volume 79, Number 63) on April 2, 2014. The 60-day public comment period ended on June 2, 

2014. The EPA's responses have been inserted directly into each comment letter. The original 

comment letters and any supporting documentation submitted by the public can be found in the 

official docket for this rulemaking at http://www.regulations.gov/ under Docket ID EPA-HQOW-2009-0596.

United States

Environmental Protection Agency

Office of Water

Mail Code 4305T

 EPA-820-F-14-010

September 2014
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 2

Anonymous

[Comment ID: EPA-HQ-OW-2009-0596-3096]

"Relinquishing control of oversight of Florida water-quality standards to FL DEP is a very bad 

idea. The state has proven inadequate to the job of protecting water quality in Florida and we 

need federal oversight by EPA. While there are good people working for FL DEP, politics and 

special-interests rule this state and constantly fight attempts to sustain a clean, healthy 

environment here. We need the EPA's numeric nutrient criteria to be applied here, not some 

qualitative measure that can be interpreted willy-nilly. As a professional biologist, I ask EPA to 

maintain its criteria in FL and not cede its authority to the state."

The EPA agrees that it is important to protect Florida’s aquatic resources from nitrogen and 

phosphorus pollution; however, the EPA disagrees that federal numeric nutrient standards are 

necessary now that Florida has adopted and the EPA has approved state standards to address 

nitrogen and phosphorus pollution. The Clean Water Act assigns to the states the primary 

authority for setting water quality standards. The EPA’s role is largely one of oversight, in which 

it reviews and approves or disapproves a state’s new or revised water quality standards as they 

are adopted and submitted to the EPA. Florida now has state-adopted, EPA-approved criteria for 

lakes and springs that are applicable for Clean Water Act purposes. Thus there is no need for 

overlapping federal criteria for such waters. 

The EPA also disagrees that withdrawing its federal water quality standards means that it is 

relinquishing its Clean Water Act oversight authority in Florida. Under section 303(d) of the 

Clean Water Act, monitoring data as well as other information must be used by the states every 

two years to develop a list of waters that will not meet water quality standards for a particular 

pollutant. The EPA reviews and approves or disapproves state 303(d) lists, and tracks impaired 

waters nationally. Similarly, Florida controls water pollution by issuing National Pollutant 

Discharge Elimination System (NPDES) permits to point sources that discharge pollutants into 

waters of the United States. The EPA retains oversight authority for such permits, pursuant to 

section 402(d) of the CWA and 40 C.F.R. 123.44(a), including the authority to review and 

comment on the permits before they are finalized.

The EPA requested comment on, and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Comments on 

the quality of Florida’s water quality standards program or specific water quality standards 

adopted by Florida and approved by the EPA are outside the scope of this action.

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Anonymous

[Comment ID: EPA-HQ-OW-2009-0596-3097]

"Since the 1950s, many environmental policies shifted to federal regulation due to states’ 

inability to reverse environmental degradation. Many early federal regulations were not as 

successful because they were too dependent upon state and local authorities to implement 

policies. I believe that federal laws should be adapted to fit the needs of the state, based on their 

ecological needs. It is great that the state and EPA agreed on appropriate water quality standards, 

however, distributing federal regulation to the state may have adverse impacts. Florida’s fishing 

industry contributes at least $5 billion to the state’s economy. Healthy fisheries rely on healthy 

coastal ecosystems. The EPA should still check to make sure the state is meeting the federal 

standards of the Clean Water Act. The EPA needs to work to encourage and empower the state to 
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 3

want to follow regulations. Decisions made by the state can better reflect their constituents, 

however, states and local authority are also concerned with their own employment and economic 

growth. To regulate your own entities would be a cost to the state’s economic growth."

The EPA agrees that Florida’s aquatic resources are important to Florida’s economy and should 

be protected; however, the EPA disagrees that federal numeric nutrient standards are necessary 

now that Florida has adopted and the EPA has approved state standards to address nitrogen and 

phosphorus pollution. The Clean Water Act assigns to the states the primary authority for setting 

water quality standards. The EPA’s role is largely one of oversight, in which it reviews and 

approves or disapproves a state’s new or revised water quality standards as they are adopted and 

submitted to the EPA. Florida now has state-adopted, EPA-approved criteria for lakes and 

springs that are applicable for Clean Water Act purposes. Thus there is no need for overlapping 

federal criteria for such waters. 

The EPA also agrees that it should continue to work with Florida and ensure that Clean Water 

Act requirements are met. Under section 303(d) of the Clean Water Act, monitoring data as well 

as other information must be used by the states every two years to develop a list of waters that 

will not meet water quality standards for a particular pollutant. The EPA reviews and approves or 

disapproves state 303(d) lists, and tracks impaired waters nationally. Similarly, Florida controls 

water pollution by issuing National Pollutant Discharge Elimination System (NPDES) permits to 

point sources that discharge pollutants into waters of the United States. The EPA retains 

oversight authority for such permits, pursuant to section 402(d) of the CWA and 40 C.F.R. 

123.44(a), including the authority to review and comment on the permits before they are 

finalized.

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Comments on 

Florida’s economy and state interests are outside the scope of this action.

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Manufacturers Association of Florida

[Comment ID: EPA-HQ-OW-2009-0596-3098]
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The EPA agrees that the following three sets of actions provide the basis for the EPA to 

withdraw (and not finalize) federal numeric nutrient standards applicable to Florida waters: (1) 

the EPA’s November 30, 2012, June 27, 2013, and September 26, 2013 approvals of Floridaadopted numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 

2012 and June 28, 2013 amended Clean Water Act section 303(c)(4)(B) determinations, and (3) 

the U.S. District Court’s January 7, 2014 order modifying the consent decree to relieve the EPA 

of the obligation to finalize numeric nutrient criteria for various waters in Florida. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Attachment 1 (a 

copy of the U.S. District Court’s January 7, 2014 order) remains in the original comment letter in 

the docket to this rulemaking but was not included in this document. Attachment 1 as well as 

comments on permits or total maximum daily loads are outside the scope of this action.
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 6

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R. M. Norton

[Comment ID: EPA-HQ-OW-2009-0596-3099]
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 7

The EPA agrees that it is important to protect Florida’s aquatic resources from nitrogen and 

phosphorus pollution; however, the EPA disagrees that federal numeric nutrient standards are 

necessary now that Florida has adopted and the EPA has approved state standards to address 

nitrogen and phosphorus pollution. The Clean Water Act assigns to the states the primary 

authority for setting water quality standards. The EPA’s role is largely one of oversight, in which 

it reviews and approves or disapproves a state’s new or revised water quality standards as they 

are adopted and submitted to the EPA. Florida now has state-adopted, EPA-approved criteria for 

lakes and springs that are applicable for Clean Water Act purposes. Thus there is no need for 

overlapping federal criteria for such waters.

The EPA also agrees that it should continue to work with Florida and ensure that Clean Water 

Act requirements are met. Under section 303(d) of the Clean Water Act, monitoring data as well 

as other information must be used by the states every two years to develop a list of waters that 

will not meet water quality standards for a particular pollutant. The EPA reviews and approves or 

disapproves state 303(d) lists, and tracks impaired waters nationally. Similarly, Florida controls 

water pollution by issuing National Pollutant Discharge Elimination System (NPDES) permits to 

point sources that discharge pollutants into waters of the United States. The EPA retains 

oversight authority for such permits, pursuant to section 402(d) of the CWA and 40 C.F.R. 

123.44(a), including the authority to review and comment on the permits before they are 

finalized.

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Attachment 1 (a 

copy of a news article announcing the EPA’s proposed withdrawal rule) remains in the original 

comment letter in the docket to this rulemaking but was not included in this document. 

Comments on Florida’s economy and state interests are outside the scope of this action. 

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Florida Electric Power Coordinating Group, Inc. (FCG)

[Comment ID: EPA-HQ-OW-2009-0596-3100]
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The EPA agrees that the following three sets of actions provide the basis for the EPA to 

withdraw (and not finalize) federal numeric nutrient standards applicable to Florida waters: (1) 

the EPA’s November 30, 2012, June 27, 2013, and September 26, 2013 approvals of Floridaadopted numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 

2012 and June 28, 2013 amended Clean Water Act section 303(c)(4)(B) determinations, and (3) 

the U.S. District Court’s January 7, 2014 order modifying the consent decree to relieve the EPA 

of the obligation to finalize numeric nutrient criteria for various waters in Florida. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Attachments 1-

10 (6/7/12 order by Florida’s Division of Administrative Hearings; EPA’s 11/30/12 approval of 

Florida’s water quality standards; EPA’s 11/30/12 amended determination; EPA and FDEP 

Agreement in Principle; Florida’s April 2013 Implementation document; Florida Committee 

Substitute for Senate Bill No. 1808; EPA’s 6/27/13 approval of Florida’s water quality standards; 

EPA’s 6/28/13 amended determination; Florida’s 7/30/13 Amicus Memorandum; and the U.S. 

District Court’s January 7, 2014 order) remain in the original comment letter in the docket to this 

rulemaking but were not included in this document. Attachments 1-10 as well as comments on 
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permits, total maximum daily loads, and the content of Florida’s water quality standards are 

outside the scope of this action.

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FWEA Utility Council

[Comment ID: EPA-HQ-OW-2009-0596-3101]
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The EPA agrees that the following three sets of actions provide the basis for the EPA to 

withdraw (and not finalize) federal numeric nutrient standards applicable to Florida waters: (1) 

the EPA’s November 30, 2012, June 27, 2013, and September 26, 2013 approvals of Floridaadopted numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 

2012 and June 28, 2013 amended Clean Water Act section 303(c)(4)(B) determinations, and (3) 

the U.S. District Court’s January 7, 2014 order modifying the consent decree to relieve the EPA 

of the obligation to finalize numeric nutrient criteria for various waters in Florida. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Attachments 1-

18 (EPA’s 11/30/12 approval of Florida’s water quality standards; EPA and FDEP Agreement in 

Principle; EPA and FDEP Path Forward; EPA’s 1/14/09 original determination; EPA’s 11/30/12 

amended determination; EPA’s 6/28/13 amended determination; the U.S. District Court’s 

January 7, 2014 order; Florida Chapters 62-302 and 62-303; Florida presentation to the 

Environmental Regulation Commission; Florida’s technical support document; 6/7/12 order by 

Florida’s Division of Administrative Hearings; Florida’s Report to the Governor and Legislature; 

Florida’s April 2013 Implementation document; 2013 Laws of Florida; Florida’s 7/30/13 Amicus 

Memorandum; Florida’s February 2013 GIS Data Review; Florida State University economic 

analysis; and the National Academy of Sciences review of EPA’s economic analysis) remain in 

the original comment letter in the docket to this rulemaking but were not included in this 

document. Attachments 1-18 as well as comments on permits, total maximum daily loads, and 

the costs of implementing water quality standards are outside the scope of this action.

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Mosaic Fertilizer, LLC

[Comment ID: EPA-HQ-OW-2009-0596-3102]
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The EPA agrees that the following three sets of actions provide the basis for the EPA to 

withdraw (and not finalize) federal numeric nutrient standards applicable to Florida waters: (1) 

the EPA’s November 30, 2012, June 27, 2013, and September 26, 2013 approvals of Floridaadopted numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 

2012 and June 28, 2013 amended Clean Water Act section 303(c)(4)(B) determinations, and (3) 

the U.S. District Court’s January 7, 2014 order modifying the consent decree to relieve the EPA 

of the obligation to finalize numeric nutrient criteria for various waters in Florida. The EPA also 

agrees that the Clean Water Act assigns to the states the primary authority for setting water 

quality standards. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Comments on 

the protectiveness of Florida’s water quality standards are outside the scope of this action.

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Wade Foster, The Fertilizer Institute

[Comment ID: EPA-HQ-OW-2009-0596-3103]
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The EPA agrees that the following three sets of actions provide the basis for the EPA to 

withdraw (and not finalize) federal numeric nutrient standards applicable to Florida waters: (1) 

the EPA’s November 30, 2012, June 27, 2013, and September 26, 2013 approvals of Floridaadopted numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 

2012 and June 28, 2013 amended Clean Water Act section 303(c)(4)(B) determinations, and (3) 

the U.S. District Court’s January 7, 2014 order modifying the consent decree to relieve the EPA 

of the obligation to finalize numeric nutrient criteria for various waters in Florida. The EPA also 

agrees that the Clean Water Act assigns to the states the primary authority for setting water 

quality standards. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Comments on 

permits, petitions before the Agency, previously-issued EPA memoranda or determinations, state 

or federal court rulings, and the protectiveness, scope or content of Florida’s water quality 

standards are outside the scope of this action.

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EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 29

Agricultural Retailers Association

[Comment ID: EPA-HQ-OW-2009-0596-3104 and EPA-HQ-OW-2009-0596-3105 (duplicate)]

The EPA agrees that the following three sets of actions provide the basis for the EPA to 

withdraw (and not finalize) federal numeric nutrient standards applicable to Florida waters: (1) 
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 30

the EPA’s November 30, 2012, June 27, 2013, and September 26, 2013 approvals of Floridaadopted numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 

2012 and June 28, 2013 amended Clean Water Act section 303(c)(4)(B) determinations, and (3) 

the U.S. District Court’s January 7, 2014 order modifying the consent decree to relieve the EPA 

of the obligation to finalize numeric nutrient criteria for various waters in Florida. The EPA also 

agrees that the Clean Water Act assigns to the states the primary authority for setting water 

quality standards. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Comments on

permits are outside the scope of this action.

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EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 31

Earthjustice

[Comment ID: EPA-HQ-OW-2009-0596-3106]
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The EPA agrees that it is important to protect Florida’s aquatic resources from nitrogen and 

phosphorus pollution; however, the EPA disagrees that federal numeric nutrient standards are 

necessary now that Florida has adopted and the EPA has approved state standards to address 

nitrogen and phosphorus pollution. The Clean Water Act assigns to the states the primary 
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 52

authority for setting water quality standards. The EPA’s role is largely one of oversight, in which 

it reviews and approves or disapproves a state’s new or revised water quality standards as they 

are adopted and submitted to the EPA. Florida now has state-adopted, EPA-approved criteria for 

lakes and springs that are applicable for Clean Water Act purposes. Thus there is no need for 

overlapping federal criteria for such waters. 

The bases for the EPA’s withdrawal of federal water quality standards in Florida are: (1) the 

EPA’s November 30, 2012, June 27, 2013, and September 26, 2013 approvals of Florida-adopted 

numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 2012 

and June 28, 2013 amended Clean Water Act section 303(c)(4)(B) determinations, and (3) the 

U.S. District Court’s January 7, 2014 order modifying the consent decree to relieve the EPA of 

the obligation to finalize numeric nutrient criteria for various waters in Florida. EarthJustice's 

comments are directed at whether the EPA or the court should have reached the decisions set out 

above, rather than whether the EPA should, in light of those decisions, withdraw its federal water 

quality standards in Florida. The EPA considered substantially similar issues as those raised by 

EarthJustice in deciding to approve Florida's new or revised water quality standards and to 

amend its Clean Water Act section 303(c)(4)(B) determination. These issues were also 

specifically raised to and considered by the District Court in reaching its January 7, 2014 order 

modifying the consent decree. Now that decisions have been reached on these issues, the EPA 

believes it is appropriate to withdraw its federal water quality standards based on those decisions. 

The EPA recognizes that a decision from the Court of Appeals may affect that District Court 

decision and may make it necessary for the Agency to reconsider its obligations pursuant to the 

original January 14, 2009 determination and ensuing consent decree entered by the District Court 

on December 30, 2009. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Attachments 1-

34 (EPA’s 11/2/11 letter to Florida; Florida proposed rule amendment; Tetra Tech Scope 

Comparison of EPA and FDEP Rules; personal email exchanges (attachments 4-13); EPA 

consent decree with Florida Wildlife Federation et al.; intermittent stream and South Florida 

canal analysis; personal email; Florida’s April 2013 Implementation document; MS4 permittee 

list; MS4 permit form; City of Edgewater stormwater webpage; Polgar declaration; Biscayne 

Bay algae report; 2013 South Florida Environmental Report; Crooks declaration; St. Lucie River 

health warning; Stuart algae bloom photo; Florida’s April 2013 Implementation document 

(excerpt); EPA’s proposed Remand rule (excerpt); Holt map; Florida Committee Substitute for 

Senate Bill No. 1808; EPA September 2013 workshop on numeric nutrient criteria; Earthjustice 

comments on EPA’s proposed Estuaries rule; Earthjustice comments on EPA’s proposed 

Remand rule; Indian River Lagoon seagrass coverage graph; and Tracing Session Laws into 

Florida Statutes Table) remain in the original comment letter in the docket to this rulemaking but 

were not included in this document.. Attachments 1-34 as well as comments on EPA’s 2009 

consent decree with Florida Wildlife Federation et al. (or modification thereof), and the content, 

scope or protectiveness of Florida’s water quality standards are outside the scope of this action. 

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EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 53

Pasco County Stormwater Management Division 

[Comment ID: EPA-HQ-OW-2009-0596-3107]
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The EPA agrees that federal numeric nutrient standards are no longer necessary now that Florida 

has adopted and the EPA has approved state standards to address nitrogen and phosphorus 

pollution. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Comments on 

the protectiveness, scope or content of Florida’s water quality standards are outside the scope of 

this action.

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Drew Bartlett, Florida Department of Environmental Protection

[Comment ID: EPA-HQ-OW-2009-0596-3108]
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 56

The EPA agrees that federal numeric nutrient standards are no longer necessary now that Florida 

has adopted and the EPA has approved state standards to address nitrogen and phosphorus 

pollution. 

The EPA requested comment on and is limiting this final action to only the issue of withdrawing 

(and not finalizing) federal water quality standards applicable to Florida waters. Comments on 

the protectiveness, scope or content of Florida’s water quality standards are outside the scope of 

this action.
EPA response to comments for Docket EPA-HQ-OW-2009-0596 Page 57

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