OCTOBER 10, 2005

ISSUE 1084

EPA REJECTS FLORIDA'S IMPAIRED WATERS RULE

After years of discussion and legal wrangling by affected parties, special interest groups, the Florida Department of Environmental Protection (DEP), and the U.S. Environmental Protection Agency (EPA), a decision on the Florida's Impaired Waters Rule (IWR) has finally been reached. DEP, with the support of EPA, had argued that the rule (which establishes a methodology for determining water quality impairment) did not constitute a change to state water quality standards.

A Florida District Court previously reviewed the case and required EPA to make a determination on this issue. On July 6, 2005, EPA filed its determination with the court "finding that there are some provisions of the IWR that constitute new or revised water quality standards."

In an October 3, 2005 letter to DEP Secretary Colleen Castille, EPA formally rejected the Florida rule because the DEP did not follow required federal and state legal procedures when the rule was adopted years ago. According to Daryll Joyner (DEP administrator who coordinated the development of the rule), "DEP will now re-open the rule and begin the process of adopting it as a change to water quality standards." As required by law, this process will include public workshops and a formal review by the Florida Environmental Regulation Commission.