EPA Proposed Numeric Nutrient Criteria March 15, 2010

EPA proposed numeric nutrient criteria for FL lakes, rivers, and canals in Jan. 2010. Criteria includes: Total P Total N Chlorophyll a

Nutrient criteria- developed as a result of a legal challenge to EPA Ultimately resulted in a consent decree between EPA and the FL Wildlife Federation.

Numeric criteria will replace “narrative standard” currently in place Narrative standard states “man-induced nutrient enrichment shall be considered degradation” (FAC 62-302.530)

Broward County Numeric Nutrient Criteria Comparison Parameter EPA Proposed Broward Standard Broward** Avg. Annual Geo Mean Hollywood (C-10) 2006-2009 Max Chlorophyll A 4.0 ppb* N/A 4.9 ppb* 7.9 ppb* Total P 0.042 mg/L* 0.020 mg/L 0.03 mg/L 0.093 mg/L* Total N 1.6 mg/L* 1.5 mg/L 1.4 mg/L 1.1 mg/L* * based on geometric mean ** 21 sites

Three Public Hearings conducted by EPA – February 2010. Major Issues: Model EPA used to develop criteria not applicable to FL. Chlorophyll a criteria for South FL canals is not appropriate (TP and chlor. a = not necessarily related). EPA vastly underestimates economic costs. Hasty development of criteria. Possible negative impact to reuse. Criteria should not apply to canals. Language in rule is unclear about enforcement or implementation of the criteria.

EPA currently accepting written comments until April 28, 2010. DEP and SFWMD have expressed reservations with the proposed limits. Final rule expected October 2010.

Next: Proposed estuary/marine numeric nutrient criteria. Proposal due: January 2011 Final criteria: October 2011