What’s Next:

After a favorable ruling by the federal court last month regarding the modification of the Consent Decree, it is expected that the EPA will now approve Florida’s pending criteria and withdraw its federal criteria.  The agency will need to provide notice in the Federal Register prior to taking action, and the matter is currently in the process of obtaining clearance from the Office of Management and Budget.

As a result of past legislation, Florida statutes now provide for an automatic repeal of the “poison pill” provision in the state rules which required full approval of the Florida program before any part could be implemented.  The DEP will provide notice of the repeal in the Florida Administrative Record, after which the Florida NNC rules will be in effect.