On December 3, 2009, the Department received a letter of determination from the United States Environmental Protection Agency (“U.S. EPA”) related to several provisions of Rule 62-302.540, F.A.C., which were remanded to U.S. EPA for review from the United States District Court for the Southern District of Florida in case no. 04-21448-Civ-Gold/McAliley. U.S. EPA’s letter disapproved certain provisions of Rule 62-302.540, F.A.C., in accordance with the Court’s ruling, issued on July 29, 2008, in which the United States District Court invalidated certain provisions of the Rule.