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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 submit ted by the public can be found in the official docket for this rulemaking at http://www.regulations.gov/ under Docket ID EPA - HQ OW - 2009 - 0596. United States

Environmental Protection Agency Office of Water Mail Code 430 5T EPA - 82 0 - F - 1 4 - 010 September 201 4EPA 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 Florid a 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 t o 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 aq uatic 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 adopt ed 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 w ithdrawing 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. 1 23.44(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.

-------------------- 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 degrada tion. 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 f isheries 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 toEPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 3

want to follow regulations. Decisions made b y 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 Flor ida’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 a nd 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. T he 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 de velop 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 Nati onal 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), i ncluding 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 Florid a 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 ]EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 5

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 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. The EPA requested comment on and is limiting thi s 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

-------------------- 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 stat e 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 E PA 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 d ocket 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 ]EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 9EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 10EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 11EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 12EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 13

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 Florida adopted numeric nutrient criteria and other water quality standards, (2) the EPA’s November 30, 2012 and June 28, 2013 amen ded 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 approva l 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 inclu ded in this document. Attachments 1 - 10 as well as comments onEPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 14

permits, total maximum daily loads, and the content of Florida’s water quality standards are outside the scope of this action.

-------------------- FWEA Utility Council [Comment ID: EPA - HQ - OW - 2009 - 0596 - 3101 ]EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 15EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 16EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 17EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 18

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 app rovals 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 mo difying 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) feder al 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 am ended 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 ord er 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 ]EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 20EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 21EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 22

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 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. The EPA also agrees that the Clean Water Act assi gns 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 ]EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 24EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 25EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 26EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 27EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 28

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 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. The EPA also agrees that the Clean Water Act assi gns 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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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 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) determination s, 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 st ates 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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Earthjustice [Comment ID: EPA - HQ - OW - 2009 - 0596 - 3106 ]EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 32EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 33EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 34EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 35EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 36EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 37EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 38EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 39EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 40EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 41EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 42EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 43EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 44EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 45EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 46EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 47EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 48EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 49EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 50EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 51

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 primaryEPA 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 feder al 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 wate r 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, withd raw 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 appropriat e 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 wat er 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 F lorida 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 B ay 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 Committe e 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 T racing 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 Federat ion 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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Pasco County Stormwater Management Division [Comment ID: EPA - HQ - OW - 2009 - 0596 - 3107 ]EPA response to comments for Docket EPA - HQ - OW - 2009 - 0596 Page 54

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 act ion 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 stand ards 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 final izing) 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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