Florida Impaired Waters
 
September 1, 1999
 

The federal Clean Water Act, Section 303(d), requires states to identify waters within the state that do not meet applicable water quality standards and provide a list of those waters to the EPA every two years (303(d) list). States must also develop Total Maximum Daily Loads (TMDLs) for impaired water segments on the list. TMDLs establish the maximum amount of a particular pollutant a water segment can assimilate from all sources without violating water quality standards. TMDLs could potentially impact existing discharges to the water body and restrict or even prohibit new discharges.

In 1998, DEP submitted its latest 303(d) list to the EPA, which identified 712 impaired water bodies (water segments) in the state. DEP has been in the process of reviewing the 1998 list in light of more recent water quality data and assessment methodologies. After the reassessment, DEP initially proposed to remove more than 200 water segments from the 1998 list; 101 because DEP concluded that the waters were now fully meeting their designated uses (fishable and swimmable), and most of the remainder because of insufficient data. After two public workshops and reviewing numerous public comments on the proposed deletions, DEP decided on August 17 not to remove any water segments from the 303(d) list. DEP's next 303(d) list must be submitted to EPA in April 2000. At this time, DEP plans to use the same methodology used to prepare the 1998 list and look at new water quality data to prepare the April 2000 list. 1999 Florida legislation required DEP to establish a new methodology for assessing whether a waterbody is impaired and to provide priority ranking for those waters. DEP expects to undertake this rulemaking over the next year and develop a new 303(d) list for EPA using the new methodology.

On a related note, as part of a settlement of a lawsuit against EPA by various environmental groups to force quicker development of TMDLs, EPA has agreed to require Florida to establish TMDLs for all of its impaired waterways by 2011. Pursuant to a consent decree in the case, a federal judge recently ordered DEP to begin setting TMDLs for its waterways; the first deadline (for six segments of Lake Okeechobee for nutrients) is December 31,1999. DEP has filed a request with the court to push back the deadlines.

On August 14, President Clinton announced proposed regulations revising the federal TMDL program, which were published in the Federal Register on August 23. The measures would include non-point source pollution in the TMDL program and would require states to assess waters violating water quality standards, establish the TMDL, or cap, for each pollutant for each impaired water, apportion the allowable pollutant discharges among point and non-point sources, and develop cleanup plans and timetables. This rulemaking may delay submittal of the next 303(d) list until October 2000.