The U.S. District Court for the Northern District of Florida entered an order in favor of the EPA in litigation involving Florida's Impaired Waters Rule (IWR). The Court previously granted Summary Judgment regarding EPA approval of the state IWR and the EPA analysis of what constituted a change to water quality standards within the IWR. However, the Court remanded Count II to EPA for further consideration of whether rule provisions dealing with minimum sample sizes and temporal spacing constituted a water quality standard requiring EPA approval and rationale.
In its response to the Remand, EPA determined that neither provision constituted a change to water quality standards because they did not relate to an attainment decision or establish the magnitude, duration or frequency related to water quality criteria. In its Order, the Court sustained the EPA's analysis and approved the final issue involving Florida's Impaired Waters Rule.