RULE NO: RULE TITLE
62-302.540: Water Quality Standards for Phosphorus Within the Everglades Protection Area
PURPOSE AND EFFECT: On December 3, 2009, the Department received a letter of determination from the United States Environmental Protection Agency (“U.S. EPA”) related to several provisions of Rule 62-302.540, F.A.C., which were remanded to U.S. EPA for review from the United States District Court for the Southern District of Florida in case no. 04-21448-Civ-Gold/McAliley. U.S. EPA’s letter disapproved certain provisions of Rule 62-302.540, F.A.C., in accordance with the Court’s ruling, issued on July 29, 2008, in which the United States District Court invalidated certain provisions of the Rule.
SUBJECT AREA TO BE ADDRESSED: Deletion of specific provisions of the Rule that were invalidated by the United States District Court in its Order of July 29, 2008, or disapproved by the U.S. EPA in its December 3, 2009 letter of determination.
SPECIFIC AUTHORITY: 373.043, 373.4592, 403.061 FS.
LAW IMPLEMENTED: 373.026, 373.4592, 403.021(11), 403.061, 403.201 FS.
IF REQUESTED IN WRITING AND NOT DEEMED UNNECESSARY BY THE AGENCY HEAD, A RULE DEVELOPMENT WORKSHOP WILL BE NOTICED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE WEEKLY.
THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE DEVELOPMENT AND A COPY OF THE PRELIMINARY DRAFT, IF AVAILABLE, IS: Eric Shaw, Standards and Assessments Section, Florida Department of Environmental Protection, 2600 Blair Stone Road, MS 6511, Tallahassee, FL 32399-2400; telephone (850)245-8429, email Eric.Shaw@dep.state.fl.us.
THE PRELIMINARY TEXT OF THE PROPOSED RULE DEVELOPMENT IS NOT AVAILABLE.