8449008, 62-302.540 - Florida Administrative Rules, Law, Code, Register

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Florida Department of State and Division of Library and Information Services

Notice: 8449008

Notice of Development of Rulemaking

Department:

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Chapter:

SURFACE WATER QUALITY STANDARDS

Overview

RULE:

62-302.540

Water Quality Standards for Phosphorus Within the Everglades Protection Area

PURPOSE:

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:

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.

RULEMAKING AUTHORITY:

373.043, 373.4592, 403.061 FS.

LAW:

373.026, 373.4592, 403.021(11), 403.061, 403.201 FS.

PRINT PUBLISH DATE:

3/26/2010 Vol. 36/12

RELATED STATUTES
AND LAWS:

373.043, 373.4592, 403.061 FS., 373.026, 373.4592, 403.021(11), 403.061, 403.201 FS.

OVERSIGHT COMMITTEE:

Joint Administrative Procedures Committee
Florida Administrative Law Central Online Network (F.A.L.C.O.N.)

RELATED COURT CASES:

Division of Administrative Hearings

FEDERAL eRULEMAKING
WEB PORTAL:

Regulations.gov

HOW TO LINK TO
THIS NOTICE:

http://www.flrules.org/gateway/ruleno.asp?id=62-302.540&PDate=3/26/2010&Section=1

REFERENCE MATERIALS:

No reference(s).

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