Water Quality Standards for the State of Florida's Lakes and Flowing Waters, 75762-75807 [2010-29943]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 75, Number 233 (Monday, December 6, 2010)]
[Rules and Regulations]
[Pages 75762-75807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29943]



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Part III





Environmental Protection Agency





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40 CFR Part 131



Water Quality Standards for the State of Florida's Lakes and Flowing 
Waters; Final Rule

Federal Register / Vol. 75 , No. 233 / Monday, December 6, 2010 / 
Rules and Regulations

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 131

[EPA-HQ-OW-2009-0596; FRL-9228-7]
RIN 2040-AF11


Water Quality Standards for the State of Florida's Lakes and 
Flowing Waters

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA or Agency) is 
promulgating numeric water quality criteria for nitrogen/phosphorus 
pollution to protect aquatic life in lakes, flowing waters, and springs 
within the State of Florida. These criteria apply to Florida waters 
that are designated as Class I or Class III waters in order to 
implement the State's narrative nutrient provision at Subsection 62-
302-530(47)(b), Florida Administrative Code (F.A.C.), which provides 
that ``[i]n no case shall nutrient concentrations of a body of water be 
altered so as to cause an imbalance in natural populations of aquatic 
flora or fauna.''

DATES: This final rule is effective March 6, 2012, except for 40 CFR 
131.43(e), which is effective February 4, 2011.

ADDRESSES: An electronic version of the public docket is available 
through EPA's electronic public docket and comment system, EPA Dockets. 
You may use EPA Dockets at https://www.regulations.gov to view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. For additional information about EPA's 
public docket, visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm. Although listed in the index, some 
information is not publicly available, i.e., Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. Certain other material, such as copyright material, is not 
placed on the Internet and will be publicly available only in hard copy 
form. Publicly available docket materials are available either 
electronically in https://www.regulations.gov or in hard copy at the 
Docket Facility. The Office of Water (OW) Docket Center is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The OW Docket Center telephone number is 202-566-1744 and the 
Docket address is OW Docket, EPA West, Room 3334, 1301 Constitution 
Ave., NW., Washington, DC 20004. The Public Reading Room is open from 
8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the Public Reading Room is (202) 
566-1744.

FOR FURTHER INFORMATION CONTACT: For information concerning this 
rulemaking, contact Danielle Salvaterra, U.S. EPA Headquarters, Office 
of Water, Mailcode: 4305T, 1200 Pennsylvania Avenue, NW., Washington, 
DC 20460; telephone number: 202-564-1649; fax number: 202-566-9981; e-
mail address: salvaterra.danielle@epa.gov.

SUPPLEMENTARY INFORMATION: This supplementary information section is 
organized as follows:

Table of Contents

I. General Information
    A. Executive Summary
    B. Which water bodies are affected by this rule?
    C. What entities may be affected by this rule?
    D. How can I get copies of this document and other related 
information?
II. Background
    A. Nitrogen/Phosphorus Pollution
    B. Statutory and Regulatory Background
    C. Water Quality Criteria
    D. EPA Determination Regarding Florida and EPA's Rulemaking
III. Numeric Criteria for Streams, Lakes, and Springs in the State 
of Florida
    A. General Information
    B. Numeric Criteria for the State of Florida's Streams
    C. Numeric Criteria for the State of Florida's Lakes
    D. Numeric Criterion for the State of Florida's Springs
    E. Applicability of Criteria When Final
IV. Under what conditions will federal standards be withdrawn?
V. Alternative Regulatory Approaches and Implementation Mechanisms
    A. Designating Uses
    B. Variances
    C. Site-Specific Alternative Criteria
    D. Compliance Schedules
    E. Proposed Restoration Water Quality Standard
VI. Economic Analysis
VII. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132 (Federalism)
    F. Executive Order 13175 (Consultation and Coordination With 
Indian Tribal Governments)
    G. Executive Order 13045 (Protection of Children From 
Environmental Health and Safety Risks)
    H. Executive Order 13211 (Actions That Significantly Affect 
Energy Supply, Distribution, or Use)
    I. National Technology Transfer Advancement Act of 1995
    J. Executive Order 12898 (Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations)
    K. Congressional Review Act

I. General Information

A. Executive Summary

    Florida is known for its abundant and aesthetically beautiful 
natural resources, in particular its water resources. Florida's water 
resources are very important to its economy, for example, its $6.5 
billion fishing industry.\1\ However, nitrogen/phosphorus pollution has 
contributed to severe water quality degradation in the State of 
Florida. Based upon waters assessed and reported by the Florida 
Department of Environmental Protection (FDEP) in its 2008 Integrated 
Water Quality Assessment for Florida, approximately 1,049 miles of 
rivers and streams (about 5% of total assessed streams), 349,248 acres 
of lakes (about 23% of total assessed lakes), and 902 square miles of 
estuaries (about 24% of total assessed estuaries) are known to be 
impaired for nutrients by the State.\2\
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    \1\ Florida Fish and Wildlife Conservation Commission. 2010. The 
economic impact of freshwater fishing in Florida. https://www.myfwc.com/CONSERVATION/Conservation_ValueofConservation_EconFreshwaterImpact.htm. Accessed August 2010.
    \2\ Florida Department of Environmental Protection (FDEP). 2008. 
Integrated Water Quality Assessment for Florida: 2008 305(b) Report 
and 303(d) List Update.
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    The information presented in FDEP's latest water quality assessment 
report, the 2010 Integrated Water Quality Assessment for Florida, 
documents increased identification of assessed waters that are impaired 
due to nutrients. In the FDEP 2010 Integrated Water Quality Assessment 
for Florida, approximately 1,918 miles of rivers and streams (about 8% 
of assessed river and stream miles), 378,435 acres of lakes (about 26% 
of assessed lake acres), and 569 square miles of estuaries \3\ (about 
21% of assessed square miles of estuaries) \4\ are identified as 
impaired by

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nutrients.\5\ The challenge of nitrogen/phosphorus pollution has been 
an ongoing focus for FDEP. Over the past decade or more, FDEP reports 
that it has spent over 20 million dollars collecting and analyzing data 
related to concentrations and impacts of nitrogen/phosphorus pollution 
in the State.\6\ Despite FDEP's intensive efforts to diagnose and 
evaluate nitrogen/phosphorus pollution, substantial and widespread 
water quality degradation from nitrogen/phosphorus over-enrichment has 
continued and remains a significant problem.
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    \3\ The estimated miles for estuaries were recalculated in 2010. 
FDEP used revised GIS techniques to calculate mileages and corrected 
estuary waterbody descriptions by removing land drainage areas that 
had been included in some descriptions, which reduced the estimates 
of total estuarine water area for Florida waters generally, as well 
as for some of the estuary classifications in the 2010 report.
    \4\ For the Integrated Water Quality Assessment for Florida: 
2010 305(b) Report and 303(d) List Update, Florida assessed about 
3,637 additional miles of streams, about 24,833 fewer acres of 
lakes, and about 1,065 fewer square miles of estuaries than the 2008 
Integrated Report. In addition, Florida reevaluated the WBID segment 
boundaries using ``improved GIS techniques'' for mapping. The most 
significant result of the major change in mapping was the reduction 
of assessed estuarine area from 3,726 to 2,661 square miles. The net 
result to the impaired waters for estuaries is that the percent of 
assessed estuaries impaired remains about the same in 2008 (24%) as 
in 2010 (21%).
    \5\ FDEP. 2010. Integrated Water Quality Assessment for Florida: 
2010 305(b) Report and 303(d) List Update.
    \6\ FDEP. 2009. Florida Numeric Nutrient Criteria History and 
Status. https://www.dep.state.fl.us/water/wqssp/nutrients/docs/fl-nnc-summary-100109.pdf. Accessed September 2010.
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    On January 14, 2009, EPA determined under Clean Water Act (CWA) 
section 303(c)(4)(B) that new or revised water quality standards (WQS) 
in the form of numeric water quality criteria are necessary to protect 
the designated uses from nitrogen/phosphorus pollution that Florida has 
set for its Class I and Class III waters. The Agency considered (1) the 
State's documented unique and threatened ecosystems, (2) the large 
number of impaired waters due to existing nitrogen/phosphorus 
pollution, and (3) the challenge associated with growing nitrogen/
phosphorus pollution associated with expanding urbanization, continued 
agricultural development, and a significantly increasing population 
that the U.S. Census estimates is expected to grow over 75% between 
2000 and 2030.\7\ EPA also reviewed the State's regulatory 
accountability system, which represents a synthesis of both technology-
based standards and point source control authority, as well as 
authority to establish enforceable controls for nonpoint source 
activities.
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    \7\ U.S. Census Bureau, Population Division, Interim State 
Population Projections, 2005. https://www.census.gov/population/projections/SummaryTabA1.pdf.
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    A significant challenge faced by Florida's water quality program is 
its dependence and current reliance upon an approach involving 
resource-intensive and time-consuming site-by-site data collection and 
analysis to interpret non-numeric narrative criteria. This approach is 
used to make water quality impairment determinations under CWA section 
303(d), to set appropriately protective numeric nitrogen and phosphorus 
pollution targets to guide restoration of impaired waters, and to 
establish numeric nitrogen and phosphorus goals to ensure effective 
protection and maintenance of non-impaired waters. EPA determined that 
Florida's reliance on a case-by-case interpretation of its narrative 
criterion in implementing an otherwise comprehensive water quality 
framework of enforceable accountability mechanisms was insufficient to 
ensure protection of applicable designated uses under Subsection 62-
302.530(47)(b), F.A.C., which, as noted above, provides ``[i]n no case 
shall nutrient concentrations of a body of water be altered so as to 
cause an imbalance in natural populations of aquatic flora or fauna.''
    In accordance with the terms of EPA's January 14, 2009 
determination, an August 2009 Consent Decree, and June 7, 2010 and 
October 27, 2010 revisions to that Consent Decree, which are discussed 
in more detail in Section II.D, EPA is promulgating and establishing 
final numeric criteria for lakes and springs throughout Florida, and 
flowing waters (e.g., rivers, streams, canals, etc.) located outside of 
the South Florida Region.\8\
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    \8\ For purposes of this rule, EPA has distinguished South 
Florida as those areas south of Lake Okeechobee and the 
Caloosahatchee River watershed to the west of Lake Okeechobee and 
the St. Lucie watershed to the east of Lake Okeechobee, hereinafter 
referred to as the South Florida Region. Numeric criteria applicable 
to flowing waters in the South Florida Region will be addressed in 
the second phase of EPA's rulemaking regarding the establishment of 
estuarine and coastal numeric criteria. (Please refer to Section I.B 
for a discussion of the water bodies affected by this rule).
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    Regarding numeric criteria for streams, the Agency conducted a 
detailed technical evaluation of the substantial amount of sampling, 
monitoring and associated water quality analytic data available on 
Florida streams together with a significant amount of related 
scientific analysis. EPA concluded that reliance on a reference-based 
methodology was a strong and scientifically sound approach for deriving 
numeric criteria, in the form of total nitrogen (TN) and total 
phosphorus (TP) concentration values for flowing waters including 
streams and rivers. This information is presented in more detail in 
Section III.B below.
    For lakes, EPA is promulgating a classification approach using 
color and alkalinity based upon substantial data that show that lake 
color and alkalinity are important predictors of the degree to which TN 
and TP concentrations result in a biological response such as elevated 
chlorophyll a levels. EPA found that correlations between nitrogen/
phosphorus and biological response parameters in the different types of 
lakes in Florida were specific, significant, and documentable, and when 
considered in combination with additional lines of evidence, support a 
stressor-response approach to criteria development for Florida's lakes. 
EPA's results show a significant relationship between concentrations of 
nitrogen and phosphorus in lakes and algal growth. The Agency is also 
promulgating an accompanying supplementary analytical approach that the 
State can use to adjust TN and TP criteria within a certain range for 
individual lakes where sufficient data on long-term ambient chlorophyll 
a, TN, and TP levels are available to demonstrate that protective 
chlorophyll a criterion for a specific lake will still be maintained 
and attainment of the designated use will be assured. This information 
is presented in more detail in Section III.C below.
    EPA also evaluated what downstream protection criteria for streams 
that flow into lakes is necessary for assuring the protection of 
downstream lake water quality pursuant to the provisions of 40 CFR 
130.10(b), which requires that water quality standards (WQS) must 
provide for the attainment and maintenance of the WQS of downstream 
waters. EPA examined a variety of lake modeling techniques and data to 
ensure protection of aquatic life in downstream lakes that have streams 
flowing into them. Accordingly, this final rule includes a tiered 
approach to adjust instream TP and TN criteria for flowing waters to 
ensure protection of downstream lakes. This approach is detailed in 
Section III.C(2)(f) below.\9\
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    \9\ As provided by the terms of the June 7, 2010 amended Consent 
Decree, downstream protection values for estuaries and coastal 
waters will be addressed in the context of the second phase of this 
rulemaking process.
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    Regarding numeric criteria for springs, EPA is promulgating a 
nitrate+nitrite criterion for springs based on stressor-response 
relationships that are based on laboratory data and field evaluations 
that document the response of nuisance \10\ algae and periphyton growth 
to nitrate+nitrite concentrations in springs. This criterion is 
explained in more detail in Section III.D below.
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    \10\ Nuisance algae is best characterized by Subsection 62-
302.200(17), F.A.C.: ``Nuisance Species'' shall mean species of 
flora or fauna whose noxious characteristics or presence in 
sufficient number, biomass, or areal extent may reasonably be 
expected to prevent, or unreasonably interfere with, a designated 
use of those waters.
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    Finally, EPA is promulgating in this notice an approach to 
authorize and allow derivation of Federal site-specific alternative 
criteria (SSAC) based upon EPA review and approval of applicant 
submissions of scientifically defensible

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recalculations that meet the requirements of CWA section 303(c) and 
EPA's implementing regulations at 40 CFR part 131. Total maximum daily 
load (TMDL) targets submitted to EPA for consideration as new or 
revised WQS would be reviewed under this SSAC process. This approach is 
discussed in more detail in Section V.C below.
    Throughout the development of this rulemaking, EPA has emphasized 
the importance of sound science and widespread input in developing 
numeric criteria. Stakeholders have reiterated that numeric criteria 
must be scientifically sound. As demonstrated by the extent and detail 
of scientific analysis explained below, EPA continues to strongly 
agree. Under the CWA and EPA's implementing regulations, numeric 
criteria must protect the designated use of a waterbody (as well as 
ensure protection of downstream uses) and must be based on sound 
scientific rationale. (See CWA section 303(c); 40 CFR 131.11). In 
Florida, EPA relied upon its published criteria development 
methodologies \11\ and a substantial body of scientific analysis, 
documentation, and evaluation, much of it provided to EPA by FDEP. As 
discussed in more detail below, EPA believes that the final criteria in 
this rule meet requirements for designated use and downstream WQS 
protection under the CWA and that they are clearly based on sound and 
substantial data and analyses.
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    \11\ USEPA. 2000a. Nutrient Criteria Technical Guidance Manual: 
Lakes and Reserviors. EPA-822-B-00-001. U.S. Environmental 
Protection Agency, Office of Water, Washington, DC. USEPA. 2000b. 
Nutrient Criteria Technical Guidance Manual: Rivers and Streams. 
EPA-822-B-00-002. U.S. Environmental Protection Agency, Office of 
Water, Washington, DC.
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B. Which water bodies are affected by this rule?

    The criteria in this final rulemaking apply to a group of inland 
waters of the United States within Florida. Specifically, as defined 
below, these criteria apply to lakes and springs throughout Florida, 
and flowing waters (e.g., rivers, streams, canals, etc.) located 
outside of the South Florida Region. For purposes of this rule, EPA has 
distinguished South Florida as those areas south of Lake Okeechobee and 
the Caloosahatchee River watershed to the west of Lake Okeechobee and 
the St. Lucie watershed to the east of Lake Okeechobee, hereinafter 
referred to as the South Florida Region. In this section, EPA defines 
the water bodies affected by this rule with respect to the Clean Water 
Act, Florida Administrative Code, and geographic scope in Florida. 
Because this regulation applies to inland waters, EPA defines fresh 
water as it applies to the affected water bodies.
    The CWA requires adoption of WQS for ``navigable waters.'' CWA 
section 303(c)(2)(A). The CWA defines ``navigable waters'' to mean 
``the waters of the United States, including the territorial seas.'' 
CWA section 502(7). Whether a particular waterbody is a water of the 
United States is a waterbody-specific determination. Every waterbody 
that is a water of the United States requires WQS under the CWA. EPA is 
not aware of any waters of the United States in Florida that are 
currently exempted from the State's WQS. For any privately-owned water 
in Florida that is a water of the United States, the applicable numeric 
criteria for those types of waters would apply. This rule does not 
apply to waters for which the Miccosukee Tribe of Indians or Seminole 
Tribe of Indians has obtained Treatment in the Same Manner as a State 
status for Sections 303 and 401 of the CWA, pursuant to Section 518 of 
the CWA.
    EPA's final rule defines ``lakes and flowing waters'' (a phrase 
that includes lakes, streams, and springs) to mean inland surface 
waters that have been classified as Class I (Potable Water Supplies) or 
Class III (Recreation, Propagation and Maintenance of a Healthy, Well-
Balanced Population of Fish and Wildlife) water bodies pursuant to 
Section 62-302.400, F.A.C., which are predominantly fresh waters, 
excluding wetlands. Class I and Class III surface waters share water 
quality criteria established to ``protect recreation and the 
propagation and maintenance of a healthy, well-balanced population of 
fish and wildlife'' pursuant to Subsection 62-302.400(4), F.A.C.\12\
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    \12\ Class I waters also include an applicable nitrate limit of 
10 mg/L and nitrite limit of 1 mg/L for the protection of human 
health in drinking water supplies. The nitrate limit applies at the 
entry point to the distribution system (i.e., after any treatment); 
see Chapter 62-550, F.A.C., for additional details.
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    Geographically, the regulation applies to all lakes and springs 
throughout Florida. EPA is not finalizing numeric criteria for 
Florida's streams or canals in south Florida at this time. As noted 
above, EPA has distinguished South Florida as those areas south of Lake 
Okeechobee and the Caloosahatchee River watershed to the west of Lake 
Okeechobee and the St. Lucie watershed to the east of Lake Okeechobee, 
hereinafter referred to as the South Florida Region. The Agency will 
propose criteria for south Florida flowing waters in conjunction with 
criteria for Florida's estuarine and coastal waters by November 14, 
2011.
    Consistent with Section 62-302.200, F.A.C., EPA's final rule 
defines ``predominantly fresh waters'' to mean surface waters in which 
the chloride concentration at the surface is less than 1,500 milligrams 
per liter (mg/L). Consistent with Section 62-302.200, F.A.C., EPA's 
final rule defines ``surface water'' to mean ``water upon the surface 
of the earth, whether contained in bounds created naturally, 
artificially, or diffused. Water from natural springs shall be 
classified as surface water when it exits from the spring onto the 
earth's surface.'' In this rulemaking, EPA is promulgating numeric 
criteria for the following waterbody types: lakes, streams, and 
springs. EPA's final rule also includes definitions for each of these 
waters. ``Lake'' means a slow-moving or standing body of freshwater 
that occupies an inland basin that is not a stream, spring, or wetland. 
``Stream'' means a free-flowing, predominantly fresh surface water in a 
defined channel, and includes rivers, creeks, branches, canals, 
freshwater sloughs, and other similar water bodies. ``Spring'' means a 
site at which ground water flows through a natural opening in the 
ground onto the land surface or into a body of surface water. 
Consistent with Section 62-312.020, F.A.C., ``canal'' means a trench, 
the bottom of which is normally covered by water with the upper edges 
of its two sides normally above water.

C. What entities may be affected by this rule?

    Citizens concerned with water quality in Florida may be interested 
in this rulemaking. Entities discharging nitrogen or phosphorus to 
lakes and flowing waters of Florida could be indirectly affected by 
this rulemaking because WQS are used in determining National Pollutant 
Discharge Elimination System (NPDES) permit limits. Categories and 
entities that may ultimately be affected include:

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                                      Examples of potentially affected
             Category                             entities
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Industry.........................  Industries discharging pollutants to
                                    lakes and flowing waters in the
                                    State of Florida.
Municipalities...................  Publicly-owned treatment works
                                    discharging pollutants to lakes and
                                    flowing waters in the State of
                                    Florida.
Stormwater Management Districts..  Entities responsible for managing
                                    stormwater runoff in Florida.
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    This table is not intended to be exhaustive, but rather provides a 
guide for entities that may be directly or indirectly affected by this 
action. This table lists the types of entities of which EPA is now 
aware that potentially could be affected by this action. Other types of 
entities not listed in the table, such as nonpoint source contributors 
to nitrogen/phosphorus pollution in Florida's waters may be affected 
through implementation of Florida's water quality standards program 
(i.e., through Basin Management Action Plans (BMAPs)). Any parties or 
entities conducting activities within watersheds of the Florida waters 
covered by this rule, or who rely on, depend upon, influence, or 
contribute to the water quality of the lakes and flowing waters of 
Florida, may be affected by this rule. To determine whether your 
facility or activities may be affected by this action, you should 
carefully examine the language in 40 CFR 131.43, which is the final 
rule. If you have questions regarding the applicability of this action 
to a particular entity, consult the person listed in the preceding FOR 
FURTHER INFORMATION CONTACT section.

D. How can I get copies of this document and other related information?

    1. Docket. EPA has established an official public docket for this 
action under Docket Id. No. EPA-HQ-OW-2009-0596. The official public 
docket consists of the document specifically referenced in this action, 
any public comments received, and other information related to this 
action. Although a part of the official docket, the public docket does 
not include CBI or other information whose disclosure is restricted by 
statute. The official public docket is the collection of materials that 
is available for public viewing at the OW Docket, EPA West, Room 3334, 
1301 Constitution Ave., NW., Washington, DC 20004. This Docket Facility 
is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding 
legal holidays. The Docket telephone number is 202-566-2426. A 
reasonable fee will be charged for copies.
    2. Electronic Access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at https://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at https://www.regulations.gov to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. For additional information about EPA's public docket, 
visit the EPA Docket Center homepage at https://www.epa.gov/epahome/dockets.htm. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the Docket Facility identified in Section 
I.C(1).

II. Background

A. Nitrogen/Phosphorus Pollution

1. What is nitrogen/phosphorus pollution?
    Excess loading of nitrogen and phosphorus compounds,\13\ is one of 
the most prevalent causes of water quality impairment in the United 
States. Nitrogen/phosphorus pollution problems have been recognized for 
some time in the U.S., for example a 1969 report by the National 
Academy of Sciences \14\ notes ``[t]he pollution problem is critical 
because of increased population, industrial growth, intensification of 
agricultural production, river-basin development, recreational use of 
waters, and domestic and industrial exploitation of shore properties. 
Accelerated eutrophication causes changes in plant and animal life--
changes that often interfere with use of water, detract from natural 
beauty, and reduce property values.'' Inputs of nitrogen and phosphorus 
lead to over-enrichment in many of the Nation's waters and constitute a 
widespread, persistent, and growing problem. Nitrogen/phosphorus 
pollution in fresh water systems can significantly impact aquatic life 
and long-term ecosystem health, diversity, and balance. More 
specifically, high nitrogen and phosphorus loadings result in harmful 
algal blooms (HABs), reduced spawning grounds and nursery habitats, 
fish kills, and oxygen-starved hypoxic or ``dead'' zones. Public health 
concerns related to nitrogen/phosphorus pollution include impaired 
surface and groundwater drinking water sources from high levels of 
nitrates, possible formation of disinfection byproducts in drinking 
water, and increased exposure to toxic microbes such as 
cyanobacteria.15 16 Degradation of water bodies from 
nitrogen/phosphorus pollution can result in economic consequences. For 
example, given that fresh and salt water fishing in Florida are 
significant recreational and tourist attractions generating over six 
billion dollars annually,\17\ changes in Florida's waters that degrade 
water quality to the point that sport fishing populations are affected, 
will also affect this important part of Florida's economy. Elevated 
nitrogen/phosphorus levels can occur locally in a stream or 
groundwater, or can accumulate much further downstream leading to 
degraded lakes, reservoirs, and estuaries where fish and aquatic life 
can no longer survive.
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    \13\ To be used by living organisms, nitrogen gas must be fixed 
into its reactive forms; for plants, either nitrate or ammonia 
(Boyd, C.E. 1979. Water Quality in Warmwater Fish Ponds. Auburn 
University: Alabama Agricultural Experiment Station, Auburn, AL). 
Eutrophication is defined as the natural or artificial addition of 
nitrogen/phosphorus to bodies of water and to the effects of added 
nitrogen/phosphorus (National Academy of Sciences (U.S.). 1969. 
Eutrophication: Causes, Consequences, Correctives. National Academy 
of Sciences, Washington, DC.)
    \14\ National Academy of Sciences (U.S.). 1969. Eutrophication: 
Causes, Consequences, Correctives. National Academy of Sciences, 
Washington, DC.
    \15\ Villanueva, C.M. et al., 2006. Bladder Cancer and Exposure 
to Water Disinfection By-Products through Ingestion, Bathing, 
Showering, and Swimming in Pools. American Journal of Epidemiology 
165(2):148-156.
    \16\ USEPA. 2009. What is in Our Drinking Water?. United States 
Environmental Protection Agency, Office of Research and Development. 
https://www.epa.gov/extrmurl/research/process/drinkingwater.html. 
Accessed December 2009.
    \17\ Florida Fish and Wildlife Conservation Commission. 2010. 
The economic impact of freshwater fishing in Florida. https://www.myfwc.com/CONSERVATION/Conservation_ValueofConservation_EconFreshwaterImpact.htm. Accessed August 2010.
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    Excess nitrogen/phosphorus in water bodies comes from many sources, 
which can be grouped into five major categories: (1) Urban stormwater 
runoff--sources associated with urban land use and development, (2) 
municipal and industrial waste water discharges, (3) row crop 
agriculture, (4) livestock production, and (5) atmospheric deposition 
from the production of nitrogen oxides in electric

[[Page 75766]]

power generation and internal combustion engines. These sources 
contribute significant loadings of nitrogen and phosphorus to surface 
waters, causing major impacts to aquatic ecosystems and significant 
imbalances in the natural populations of flora and 
fauna.18 19
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    \18\ National Research Council. 2000. Clean coastal waters: 
Understanding and reducing the effects of nutrient pollution. 
National Academies Press, Washington, DC; Howarth, R.W., A. 
Sharpley, and D. Walker. 2002. Sources of nutrient pollution to 
coastal waters in the United States: Implications for achieving 
coastal water quality goals. Estuaries 25(4b):656-676; Smith, V.H. 
2003. Eutrophication of freshwater and coastal marine ecosystems. 
Environmental Science and Pollution Research 10(2):126-139; Dodds, 
W.K., W.W. Bouska, J.L. Eitzmann, T.J. Pilger, K.L. Pitts, A.J. 
Riley, J.T. Schloesser, and D.J. Thornbrugh. 2009. Eutrophication of 
U.S. freshwaters: Analysis of potential economic damages. 
Environmental Science and Technology 43(1):12-19.
    \19\ State-EPA Nutrient Innovations Task Group. 2009. An Urgent 
Call to Action: Report of the State-EPA Nutrient Innovations Task 
Group.
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2. Adverse Impacts of Nitrogen/Phosphorus Pollution on Aquatic Life, 
Human Health, and the Economy
    Fish, shellfish, and wildlife require clean water for survival. 
Changes in the environment resulting from elevated nitrogen/phosphorus 
levels (such as algal blooms, toxins from harmful algal blooms, and 
hypoxia/anoxia) can cause a variety of effects. The causal pathways 
that lead from human activities to excess nutrients to impacts on 
designated uses in lakes and streams are well established in the 
scientific literature (e.g., Streams: Stockner and Shortreed 1976, 
Stockner and Shortreed 1978, Elwood et al. 1981, Horner et al. 1983, 
Bothwell 1985, Peterson et al. 1985, Moss et al. 1989, Dodds and Gudder 
1992, Rosemond et al. 1993, Bowling and Baker 1996, Bourassa and 
Cattaneo 1998, Francoeur 2001, Biggs 2000, Rosemond et al. 2001, 
Rosemond et al. 2002, Slavik et al. 2004, Cross et al. 2006, Mulholland 
and Webster 2010; Lakes: Vollenweider 1968, NAS 1969, Schindler et al. 
1973, Schindler 1974, Vollenweider 1976, Carlson 1977, Paerl 1988, 
Elser et al. 1990, Smith et al. 1999, Downing et al. 2001, Smith et al. 
2006, Elser et al. 2007).\20\
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    \20\ For Streams:
    Stockner, J.G., and K.R.S. Shortreed. 1976. Autotrophic 
production in Carnation Creek, a coastal rainforest stream on 
Vancouver Island, British Columbia. Journal of the Fisheries 
Research Board of Canada 33:1553-1563.;
    Stockner, J.G., and K.R.S. Shortreed. 1978. Enhancement of 
autotrophic production by nutrient addition in a coastal rainforest 
stream on Vancouver Island. Journal of the Fisheries Research Board 
of Canada 35:28-34.;
    Elwood, J.W., J.D. Newbold, A.F. Trimble, and R.W. Stark. 1981. 
The limiting role of phosphorus in a woodland stream ecosystem: 
effects of P enrichment on leaf decomposition and primary producers. 
Ecology 62:146-158.;
    Horner, R.R., E.B. Welch, and R.B. Veenstra. 1983. Development 
of nuisance periphytic algae in laboratory streams in relation to 
enrichment and velocity. Pages 121-134 in R.G. Wetzel (editor). 
Periphyton of freshwater ecosystems. Dr. W. Junk Publishers, The 
Hague, The Netherlands.;
    Bothwell, M.L. 1985. Phosphorus limitation of lotic periphyton 
growth rates: an intersite comparison using continuous-flow troughs 
(Thompson River system, British Columbia). Limnology and 
Oceanography 30:527-542.;
    Peterson, B.J., J.E. Hobbie, A.E. Hershey, M.A. Lock, T.E. Ford, 
J.R. Vestal, V.L. McKinley, M.A.J. Hullar, M.C. Miller, R.M. 
Ventullo, and G.S. Volk. 1985. Transformation of a tundra river from 
heterotrophy to autotrophy by addition of phosphorus. Science 
229:1383-1386.;
    Moss, B., I. Hooker, H. Balls, and K. Manson. 1989. 
Phytoplankton distribution in a temperate floodplain lake and river 
system. I. Hydrology, nutrient sources and phytoplankton biomass. 
Journal of Plankton Research 11:813-835.;
    Dodds, W.K., and D.A. Gudder. 1992. The ecology of Cladophora. 
Journal of Phycology 28:415-427.; Rosemond, A. D., P. J. Mulholland, 
and J. W. Elwood. 1993. Top-down and bottom-up control of stream 
periphyton: Effects of nutrients and herbivores. Ecology 74:1264-
1280.;
    Bowling, L.C., and P.D. Baker. 1996. Major cyanobacterial bloom 
in the Barwon-Darling River, Australia, in 1991, and underlying 
limnological conditions. Marine and Freshwater Research 47: 643-
657.;
    Bourassa, N., and A. Cattaneo. 1998. Control of periphyton 
biomass in Laurentian streams (Quebec). Journal of the North 
American Benthological Society 17:420-429.;
    Francoeur, S.N. 2001. Meta-analysis of lotic nutrient amendment 
experiments: detecting and quantifying subtle responses. Journal of 
the North American Benthological Society 20:358-368.;
    Biggs, B.J.F. 2000. Eutrophication of streams and rivers: 
dissolved nutrient-chlorophyll relationships for Benthic algae. 
Journal of the North American Benthological Society 19:17-31.;
    Rosemond, A.D., C.M. Pringle, A. Ramirez, and M.J. Paul. 2001. A 
test of top-down and bottom-up control in a detritus-based food web. 
Ecology 82: 2279-2293.;
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    When excessive nitrogen/phosphorus loads change a waterbody's algae 
and plant species, the change in habitat and available food resources 
can induce changes affecting an entire food chain. Algal blooms block 
sunlight that submerged grasses need to grow, leading to a decline of 
submerged aquatic vegetation beds and decreased habitat for juvenile 
organisms. Algal blooms can also increase turbidity and impair the 
ability of fish and other aquatic life to find food.\21\ Algae can also 
damage or clog the gills of fish and invertebrates.\22\ Excessive algal 
blooms (those that use oxygen for respiration during periods without 
sunlight) can lead to diurnal shifts in a waterbody's production and 
consumption of dissolved oxygen (DO) resulting in reduced DO levels 
that are sufficiently low to harm or kill important recreational 
species such as largemouth bass.
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    Rosemond, A.D., C.M. Pringle, A. Ramirez, M.J. Paul, and J.L. 
Meyer. 2002. Landscape variation in phosphorus concentration and 
effects on detritus-based tropical streams. Limnology and 
Oceanography 47:278-289.;
    Slavik, K., B.J. Peterson, L.A. Deegan, W.B. Bowden, A.E. 
Hershey, and J.E. Hobbie. 2004. Long-term responses of the Kuparuk 
River ecosystem to phosphorus fertilization. Ecology 85:939--954.;
    Cross, W.F., J.B. Wallace, A.D. Rosemond, and S.L. Eggert. 2006. 
Whole-system nutrient enrichment Increases secondary production in a 
detritus-based ecoystem. Ecology 87:1556-1565.;
    Mulholland, P.J. and J.R. Webster. 2010. Nutrient dynamics in 
streams and the role of J-NABS. Journal of the North American 
Benthological Society 29:100-117.;
    For Lakes:
    Vollenweider, R.A. 1968. Scientific Fundamentals of the 
Eutrophication of Lakes and Flowing Waters, With Particular 
Reference to Nitrogen and Phosphorus as Factors in Eutrophication 
(Tech Rep DAS/CS/68.27, OECD, Paris).;
    National Academy of Science. 1969. Eutrophication: Causes, 
Consequences, Correctives. National Academy of Science, Washington, 
DC.;
    Schindler D.W., H. Kling, R.V. Schmidt, J. Prokopowich, V.E. 
Frost, R.A. Reid, and M. Capel. 1973. Eutrophication of Lake 227 by 
addition of phosphate and nitrate: The second, third, and fourth 
years of enrichment 1970, 1971, and 1972. Journal of the Fishery 
Research Board of Canada 30:1415-1440.;
    Schindler D.W. 1974. Eutrophication and recovery in experimental 
lakes: Implications for lake management. Science 184:897-899.;
    Vollenweider, R.A. 1976. Advances in Defining Critical Loading 
Levels for Phosphorus in Lake Eutrophication. Memorie dell'Istituto 
Italiano di Idrobiologia 33:53-83.;
    Carlson R.E. 1977. A trophic State index for lakes. Limnology 
and Oceanography 22:361-369.;
    Paerl, H.W. 1988. Nuisance phytoplankton blooms in coastal, 
estuarine, and inland waters. Limnology and Oceanography 33:823-
847.;
    Elser, J.J., E.R. Marzolf, and C.R. Goldman. 1990. Phosphorus 
and nitrogen limitation of phytoplankton growth in the freshwaters 
of North America: a review and critique of experimental enrichments. 
Canadian Journal of Fisheries and Aquatic Science 47:1468-1477.;
    Smith, V.H., G.D. Tilman, and J.C. Nekola. 1999. Eutrophication: 
impacts of excess nutrient inputs on freshwater, marine, and 
terrestrial ecosystems. Environmental Pollution 100:179-196.;
    Downing, J.A., S.B. Watson, and E. McCauley. 2001. Predicting 
cyanobacteria dominance in lakes. Canadian Journal of Fisheries and 
Aquatic Sciences 58:1905-1908.;
    Smith, V.H., S.B. Joye, and R.W. Howarth. 2006. Eutrophication 
of freshwater and marine ecosystems. Limnology and Oceanography 
51:351-355.;
    Elser, J.J., M.E.S. Bracken, E.E. Cleland, D.S. Gruner, W.S. 
Harpole, H. Hillebrand, J.T. Ngai, E.W. Seabloom, J.B. Shurin, and 
J.E. Smith. 2007. Global analysis of nitrogen and phosphorus 
limitation of primary production in freshwater, marine, and 
terrestrial ecosystems. Ecology Letters 10:1135-1142.
    \21\ Hauxwell, J., C. Jacoby, T. Frazer, and J. Stevely. 2001. 
Nutrients and Florida's Coastal Waters: Florida Sea Grant Report No. 
SGEB-55. Florida Sea Grant College Program, University of Florida, 
Gainesville, FL.
    \22\ NOAA. 2009. Harmful Algal Blooms: Current Programs 
Overview. National Oceanic and Atmospheric Administration. https://www.cop.noaa.gov/stressors/extremeevents/hab/default.aspx. Accessed 
December 2009.
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    Excessive algal growth also contributes to increased oxygen 
consumption associated with decomposition (e.g. decaying vegetative 
matter), in many instances reducing

[[Page 75767]]

oxygen to levels below that needed for aquatic life to survive and 
flourish.23 24 Mobile species, such as adult fish, can 
sometimes survive by moving to areas with more oxygen. However, 
migration to avoid hypoxia depends on species mobility, availability of 
suitable habitat, and adequate environmental cues for migration. Less 
mobile or immobile species, such as mussels, cannot move to avoid low 
oxygen and are often killed during hypoxic events.\25\ While certain 
mature aquatic animals can tolerate a range of dissolved oxygen levels 
that occur in the water, younger life stages of species like fish and 
shellfish often require higher levels of oxygen to survive.\26\ 
Sustained low levels of dissolved oxygen cause a severe decrease in the 
amount of aquatic life in hypoxic zones and affect the ability of 
aquatic organisms to find necessary food and habitat.
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    \23\ NOAA. 2009. Harmful Algal Blooms: Current Programs 
Overview. National Oceanic and Atmospheric Administration. https://www.cop.noaa.gov/stressors/extremeevents/hab/default.aspx. Accessed 
December 2009.
    \24\ USGS. 2009. Hypoxia. U.S. Geological Survey. https://toxics.usgs.gov/definitions/hypoxia.html. Accessed December 2009.
    \25\ ESA. 2009. Hypoxia. Ecological Society of America. https://www.esa.org/education_diversity/pdfDocs/hypoxia.pdf. Accessed 
December 2009.
    \26\ USEPA. 1986. Ambient Water Quality Criteria for Dissolved 
Oxygen Freshwater Aquatic Life. EPA-800-R-80-906. Environmental 
Protection Agency, Office of Water, Washington DC.
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    In freshwater, HABs including, for example, blue-green algae from 
the phylum of bacteria called cyanobacteria,\27\ can produce toxins 
that have been implicated as the cause of a number of fish and bird 
mortalities.\28\ These toxins have also been tied to the death of pets 
and livestock that may be exposed through drinking contaminated water 
or grooming themselves after bodily exposure.\29\ Many other States, 
and countries for that matter, are experiencing problems with algal 
blooms.\30\ Ohio on September 3, 2010,\31\ for example, listed eight 
water bodies as ``Bloom Advisory,'' \32\ six water bodies as ``Toxin 
Advisory,'' \33\ and two waters as ``No Contact Advisory.'' \34\ 
Species of cyanobacteria associated with freshwater algal blooms 
include: Microcystis aeruginosa, Anabaena circinalis, Anabaena flos-
aquae, Aphanizomenon flos-aquae, and Cylindrospermopsis raciborskii. 
The toxins from cyanobacterial harmful algal blooms can produce 
neurotoxins (affect the nervous system), hepatotoxins (affect the 
liver), produce lipopolysaccharides that affect the gastrointestinal 
system, and some are tumor promoters.\35\ A recent study showed that at 
least one type of cyanobacteria has been linked to cancer and tumor 
growth in animals.\36\ Cyanobacteria toxins can also pass through 
normal drinking water treatment processes and pose an increased risk to 
humans or animals.\37\
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    \27\ CDC. 2010. Facts about cyanobacteria and cyanobacterial 
harmful algal blooms. Centers for Disease Control and Prevention. 
https://www.cdc.gov/hab/cyanobacteria/facts.htm. Accessed August 
2010.
    \28\ Ibelings, Bas W. and Karl E. Havens. 2008 Chapter 32: 
Cyanobacterial toxins: a qualitative meta-analysis of 
concentrations, dosage and effects in freshwater, estuarine and 
marine biota. In Cyanobacterial Harmful Algal Blooms: State of the 
Science and Research Needs. From the Monograph of the September 6-
10, 2005 International Symposium on Cyanobacterial Harmful Algal 
Blooms (ISOC-HAB) in Durham, NC. https://www.epa.gov/cyano_habs_symposium/monograph/Ch32.pdf. Accessed August 19, 2010.
    \29\ WHOI. 2008. HAB Impacts on Wildlife. Woods Hole 
Oceanographic Institution. https://www.whoi.edu/redtide/page.do?pid=9682. Accessed December 2009.
    \30\ FDEP. 2010. Blue Green Algae Frequently Asked Questions. 
https://www.dep.state.fl.us/water/bgalgae/faq.htm. Accessed August 
2010.
    \31\ Ohio DNR. 2010. News Release September 3, 2010. https://www.epa.state.oh.us/portals/47/nr/2010/september/9-3samplingresults.pdf. Accessed September 2010.
    \32\ Defined as: Cautionary advisory to avoid contact with any 
algae. Ohio DNR. 2010. News Release September 3, 2010. https://www.epa.state.oh.us/portals/47/nr/2010/september/9-3samplingresults.pdf. Accessed September 2010.
    \33\ Defined as: Avoid contact with any algae and direct contact 
with water. Ohio DNR. 2010. News Release September 3, 2010. https://www.epa.state.oh.us/portals/47/nr/2010/september/9-3samplingresults.pdf. Accessed September 2010.
    \34\ Defined as: Avoid any and all contact with or ingestion of 
the lake water. This includes the launching of any watercraft on the 
lake. Ohio DNR. 2010. News Release September 3, 2010. https://www.epa.state.oh.us/portals/47/nr/2010/september/9-3samplingresults.pdf. Accessed September 2010.
    \35\ CDC. 2010. Facts about cyanobacteria and cyanobacterial 
harmful algal blooms, Centers for Disease Control and Prevention. 
https://www.cdc.gov/hab/cyanobacteria/facts.htm. Accessed August 
2010.
    \36\ Falconer, I.R., and A.R. Humpage. 2005. Health Risk 
Assessment of Cyanobacterial (Blue-green Algal) Toxins in Drinking 
Water. International Journal of Research and Public Health 2(1): 43-
50.
    \37\ Carmichael, W.W. 2000. Assessment of Blue-Green Algal 
Toxins in Raw and Finished Drinking Water. AWWA Research Foundation, 
Denver, CO.
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    Health and recreational use impacts to humans result directly from 
exposure to elevated nitrogen/phosphorus pollution levels and 
indirectly from the subsequent waterbody changes that occur from 
increased nitrogen/phosphorus pollution (such as algal blooms and 
toxins). Direct impacts include effects to human health through 
potentially contaminated drinking water. Indirect impacts include 
restrictions on recreation (such as boating and swimming). Algal blooms 
can prevent opportunities to swim and engage in other types of 
recreation. In areas where recreation is determined to be unsafe 
because of algal blooms, warning signs are often posted to discourage 
human use of the waters.
    Nitrate in drinking water can cause serious health problems for 
humans,\38\ especially infants. EPA developed a Maximum Contaminant 
Level (MCL) of 10 mg/L for nitrate in drinking water.\39\ In the 2010 
USGS National Water-Quality Assessment Program report, nitrate was 
found to be the most frequently detected nutrient in streams at 
concentrations greater than 10 mg/L. The report also found that 
concentrations of nitrate greater than the MCL of 10 mg/L were more 
prevalent and widespread in groundwater used for drinking water than in 
streams.\40\ Florida has adopted EPA's recommendations for the nitrate 
MCL in Florida's regulated drinking water systems and a 10 mg/L 
criteria for nitrate in Class I waters. FDEP shares EPA's concern 
regarding blue-baby syndrome as can be seen in information FDEP reports 
on its drinking water information for the public: ``Nitrate is used in 
fertilizer and is found in sewage and wastes from human and/or farm 
animals and generally gets into drinking water from those activities. 
Excessive levels of nitrate in drinking water have caused serious 
illness and sometimes death in infants less than six months of age \41\ 
* * * EPA has set the drinking water standard at 10 parts per million 
(ppm) [or 10 mg/L] for nitrate to protect

[[Page 75768]]

against the risk of these adverse effects \42\ * * * Drinking water 
that meets the EPA standard is associated with little to none of this 
risk and is considered safe with respect to nitrate.'' \43\
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    \38\ For more information, refer to Manassaram, Deana M., 
Lorraine C. Backer, and Deborah M. Moll. 2006. A Review of Nitrates 
in Drinking Water: Maternal Exposure and Adverse Reproductive and 
Developmental Outcomes. Environmental Health Perspect. 114(3): 320-
327.
    \39\ USEPA. 2007. Nitrates and Nitrites: TEACH Chemical Summary. 
U.S. Environmental Protection Agency. https://www.epa.gov/teach/chem_summ/Nitrates_summary.pdf. Accessed December 2009.
    \40\ Dubrovsky, N.M., Burow, K.R., Clark, G.M., Gronberg, J.M., 
Hamilton P.A., Hitt, K.J., Mueller, D.K., Munn, M.D., Nolan, B.T., 
Puckett, L.J., Rupert, M.G., Short, T.M., Spahr, N.E., Sprague, 
L.A., and Wilber, W.G. 2010. The quality of our Nation's waters--
Nutrients in the Nation's streams and groundwater, 1992-2004: U.S. 
Geological Survey Circular 1350, 174p. Available electronically at: 
https://water.usgs.gov/nawqa/nutrients/pubs/circ1350.
    \41\ The serious illness in infants is caused because nitrate is 
converted to nitrite in the body. Nitrite interferes with the oxygen 
carrying capacity of the child's blood. This is an acute disease in 
that symptoms can develop rapidly in infants. In most cases, health 
deteriorates over a period of days. Symptoms include shortness of 
breath and blueness of the skin. (source: FDEP. 2010. Drinking 
Water: Inorganic Contaminants. Florida Department of Environmental 
Protection. https://www.dep.state.fl.us/water/drinkingwater/inorg_con.htm. Accessed September 2010.)
    \42\ EPA has also set a drinking water standard for nitrite at 1 
mg/L. To allow for the fact that the toxicity of nitrate and nitrite 
are additive, EPA has also established a standard for the sum of 
nitrate and nitrite at 10 mg/L. (source: FDEP. 2010. Drinking Water: 
Inorganic Contaminants. Florida Department of Environmental 
Protection. https://www.dep.state.fl.us/water/drinkingwater/inorg_con.htm. Accessed September 2010.)
    \43\ FDEP. 2010. Drinking Water: Inorganic Contaminants. Florida 
Department of Environmental Protection. https://www.dep.state.fl.us/water/drinkingwater/inorg_con.htm. Accessed September 2010.
---------------------------------------------------------------------------

    Human health can also be impacted by disinfection byproducts formed 
when disinfectants (such as chlorine) used to treat drinking water 
react with organic carbon (from the algae in source waters). Some 
disinfection byproducts have been linked to rectal, bladder, and colon 
cancers; reproductive health risks; and liver, kidney, and central 
nervous system problems.44 45
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    \44\ USEPA. 2009. National Primary Drinking Water Regulations. 
Contaminants. U.S. Environmental Protection Agency. Accessed https://www.epa.gov/safewater/hfacts.html. December 2009.
    \45\ National Primary Drinking Water Regulations: Stage 2 
Disinfectants and Disinfection Byproducts Rule, 40 CFR parts 9, 141, 
and 142. U.S. Environmental Protection Agency, FR 71:2 (January 4, 
2006). pp. 387-493. Available electronically at: https://www.epa.gov/fedrgstr/EPA-WATER/2006/January/Day-04/w03.htm. Accessed December 
2009.
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    Economic losses from algal blooms and harmful algal blooms can 
include increased costs for drinking water treatment, reduced property 
values for streams and lakefront areas, commercial fishery losses, and 
lost revenue from recreational fishing, boating trips, and other 
tourism-related businesses.
    In terms of increased costs for drinking water treatment, for 
example, in 1991, Des Moines (Iowa) Water Works constructed a $4 
million ion exchange facility to remove nitrate from its drinking water 
supply. This facility was designed to be used an average of 35-40 days 
per year to remove excess nitrate levels at a cost of nearly $3000 per 
day.\46\
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    \46\ Jones, C.S., D. Hill, and G. Brand. 2007. Use a 
multifaceted approach to manage high sourcewater nitrate. Opflow 
June pp. 20-22.
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    Fremont, Ohio (a city of approximately 20,000) has experienced high 
levels of nitrate from its source, the Sandusky River, resulting in 
numerous drinking water use advisories. An estimated $15 million will 
be needed to build a reservoir (and associated piping) that will allow 
for selective withdrawal from the river to avoid elevated levels of 
nitrate, as well as to provide storage.\47\
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    \47\ Taft, Jim, Association of State Drinking Water 
Administrators (ASDWA). 2009. Personal Communication.
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    In regulating allowable levels of chlorophyll a in Oklahoma 
drinking water reservoirs, the Oklahoma Water Resources Board estimated 
that the long-term cost savings in drinking water treatment for 86 
systems would range between $106 million and $615 million if such 
regulations were implemented.\48\
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    \48\ Moershel, Philip, Oklahoma Water Resources Board (OWRB) and 
Mark Derischweiler, Oklahoma Department of Environmental Quality 
(ODEQ). 2009. Personal Communication.
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3. Nitrogen/Phosphorus Pollution in Florida
    Florida's flat topography causes water to move slowly over the 
landscape, allowing ample opportunity for nitrogen and phosphorus to 
dissolve and eutrophication responses to develop. Florida's warm and 
wet, yet sunny, climate further contributes to increased run-off and 
ideal temperatures for subsequent eutrophication responses.\49\
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    \49\ Perry, W. B. 2008. Everglades restoration and water quality 
challenges in south Florida. Ecotoxicology 17:569-578.
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    As outlined in the EPA January 2009 determination and the January 
2010 proposal, water quality degradation resulting from excess nitrogen 
and phosphorus loadings is a documented and significant environmental 
issue in Florida. FDEP notes in its 2008 Integrated Water Quality 
Assessment that nutrient pollution poses several challenges in Florida. 
For example, the FDEP 2008 Integrated Water Quality Assessment notes: 
``the close connection between surface and ground water, in combination 
with the pressures of continued population growth, accompanying 
development, and extensive agricultural operations, present Florida 
with a unique set of challenges for managing both water quality and 
quantity in the future. After trending downward for 20 years, beginning 
in 2000 phosphorus levels again began moving upward, likely due to the 
cumulative impacts of nonpoint source pollution associated with 
increased population and development. Increasing pollution from urban 
stormwater and agricultural activities is having other significant 
effects. In many springs across the State, for example, nitrate levels 
have increased dramatically (twofold to threefold) over the past 20 
years, reflecting the close link between surface and ground water.'' 
\50\ To clarify current nitrogen/phosphorus pollution conditions in 
Florida, EPA analyzed recent STORET data pulled from Florida's Impaired 
Waters Rule (IWR),\51\ (which are the data Florida uses to create its 
integrated reports) and found increasing levels of nitrogen and 
phosphorus compounds in Florida waters over the past 12 years (1996-
2008). Florida's IWR STORET data indicates that levels of total 
nitrogen have increased from a State-wide average of 1.06 mg/L in 1996 
to 1.27 mg/L in 2008 and total phosphorus levels have increased from an 
average of 0.108 mg/L in 1996 to 0.151 mg/L in 2008.
---------------------------------------------------------------------------

    \50\ FDEP. 2008. Integrated Water Quality Assessment for 
Florida: 2008 305(b) Report and 303(d) List Update.
    \51\ IWR Run 40. Updated through February 2010.
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    The combination of the factors reported by FDEP and listed above 
(including population increase, climate, stormwater runoff, 
agriculture, and topography) has contributed to significant nitrogen/
phosphorus effects to Florida's waters.\52\ For example, newspapers in 
Florida regularly report about impacts associated with nitrogen/
phosphorus pollution; recent examples include reports of algal blooms 
and fish kills in the St Johns River \53\ and reports of white foam 
associated with algal blooms lining parts of the St. Johns River.\54\ 
Spring releases of water from Lake Okeechobee into the St Lucie Canal, 
necessitated by high lake levels due to rainfall, resulted in reports 
of floating mats of toxic Microcystis aeruginosa that prompted Martin 
and St Lucie county health departments to issue warnings to the 
public.\55\
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    \52\ FDEP. 2008. Integrated Water Quality Assessment for 
Florida: 2008 305(b) Report and 303(d) List Update.
    \53\ Patterson, S. 2010, July 23. St John's River Looks Sick. 
Florida Times Union. https://jacksonville.com/news/metro/2010-07-23/story/st-johns-looks-sick-nelson-says. Accessed September 2010.
    \54\ Patterson, S. 2010, July 21. Foam on St. John's River 
Churns Up Environmental Interest. Florida Times Union. https://jacksonville.com/news/metro/2010-07-21/story/foam-st-johns-churns-environmental-questions. Accessed October 2010.
    \55\ Killer, E. 2010, June 10. Blue-green Algae Found Floating 
Near Palm City as Lake Okeechobee Releases Continue. Treasure Coast 
Times. https://www.tcpalm.com/news/2010/jun/10/blue-green-algae-found-floating-near-palm-city-o/. Accessed October 2010.
---------------------------------------------------------------------------

    The 2008 Integrated Water Quality Assessment lists nutrients as the 
fourth major source of impairment for rivers and streams in Florida 
(after dissolved oxygen, mercury in fish, and fecal coliforms). For 
lakes and estuaries, nutrients are ranked first and second, 
respectively. These same rankings are also confirmed in FDEP's latest 
2010 Integrated Water Quality Assessment.

[[Page 75769]]

    According to FDEP's 2008 Integrated Water Quality Assessment,\56\ 
approximately 1,049 miles of rivers and streams, 349,248 acres of 
lakes, and 902 square miles of estuaries are impaired by nutrients in 
the State. To put this in context and as noted above, approximately 5% 
of the total assessed river and stream miles, 23% of the total assessed 
lake acres, and 24% of the total assessed square miles of estuaries are 
impaired for nutrients according to the 2008 Integrated Report.\57\ In 
recent published listings of impairments for 2010, Florida Department 
of Environmental Protection lists nutrient impairments in 1,918 stream 
miles (about 8% of the total assessed stream miles), 378,435 lake acres 
(about 26% of total assessed lake acres), and 569 square miles of 
estuaries (about 21% of total assessed estuarine square mi