Table: Surface Water Quality Criteria

 

DEPARTMENT OF ENVIRONMENTAL PROTECTION

RULE NO.:RULE TITLE:

62-302.530Table: Surface Water Quality Criteria

NOTICE OF WITHDRAWAL

Notice is hereby given that amendments to the above rule, as noticed in Vol. 42 No. 127, June 30, 2016 issue of the Florida Administrative Register, have been withdrawn.

The rule amendments appeared as final and effective in the Florida Administrative Code since November 16, 2016.  Subsequently, both the First and Third District Courts of Appeal overturned procedural dismissals of challenges to the rule and remanded the case back to DOAH for further proceedings.  See Fla. Pulp and Paper Envtl. Affairs, Inc. v. Dep’t of Envtl. Prot., 223 So. 3d 417 (Fla. 1st DCA 2017); Seminole Tribe of Fla. v. Dep’t of Envtl. Prot., 230 So. 3d 544 (Fla. 3d DCA 2017).  Because of the DCAs’ orders, the proper legal status of the rulemaking is that the rule amendments remain proposed agency action rather than being final and effective (as has been reflected in the Florida Administrative Code).  To correct the inaccuracy in the Florida Administrative Code, and at the Department of Environmental Protection’s request, the Department of State has rescinded the October 28, 2016 certification package for, and associated adoption of, the amendments to Rule 62-302.530. Through this notice, the Department now is withdrawing the proposed amendments to Rule 62-302.530, F.A.C. In today’s Florida Administrative Register, the Department also is noticing a new rule development for Rule 62-302.530, F.A.C.