The Florida Department of Environmental Protection (DEP) and the U.S. Environmental Protection Agency (EPA) reached an agreement Friday that grants the state the right to set nutrient limits for its waterways.
Florida has been at odds with EPA since 2009 when the agency announced Florida would be the first state to have statewide federal nutrient limits imposed on its waterways. The decision, which resulted from an environmentalist-driven lawsuit led by EarthJustice, was met with an uproar from state lawmakers, business leaders and utilities, who assailed EPA's standards as flawedand inappropriately costly and burdensome to Florida taxpayers.Reports were commissioned that estimated the standards would cost Florida tens of billions of dollars to implement and maintain.
The state recoiled against the Obama administration's intrusion and filed a lawsuit against EPA in 2010.In February 2012, the state won its argument on a key provision.At the time, Florida Sen. Marco Rubio minced no words in expressing his distaste for the whole affair. Florida has one of the most aggressive water-quality protection programs in the nation, implemented by the people who know our state best, and its time EPA stop bullying us into accepting another Washington-contrived mandate that would devastate job creation," said the Miami Republican.
In another win for the state in November, EPA approved Floridas scientifically-based criteria for its lakes, rivers, streams, springs and estuaries. The new agreement announced Friday will allow DEP to move forward with rule-making and legislation this session to finish setting limits for Florida's waterways.
"As a result of continued cooperation, the Department and EPA have developed a joint commitment to clean up Floridas waterways, said DEP Secretary Herschel Vinyard Jr. We can now move forward to implementing nutrient reduction criteria, rather than delaying environmental improvements due to endless litigation.
While there are currently some water bodies in the state that have both state and federal rules on them, the legislation will removed the dual rule-making, and instead only require standards developed by state scientists. That was welcome news to Floridas leaders.
Attorney General Pam Bondi, who filed the legal action against EPA, said, "I have always maintained that Florida -- not the federal government -- should enact the rules and laws to protect our unique waterways. After years of litigation, EPA has done the right thing by reaching an agreement with the DEP that allows Florida's leaders, who know our waterways best, to implement sound criteria that will safeguard our water from excess nitrogen and phosphorus pollution."
Fellow Florida Cabinet member and Commissioner of Agriculture Adam Putnam, who had also been an outspoken critic of the federalmaneuver,echoed Bondis praise of Floridas experts. The agreement by the U.S. Environmental Protection Agency to defer to the state of Florida to implement its own water quality standards is a compliment to the unparalleled expertise of Floridas water-quality scientists and confirmation that Florida knows best how to protect its own waterways.
The NNCs are one of many water battles currently facing the state. A group lobbying for water funding, Florida Water Advocates, told a Florida House committeeThursday that while water quality, like NNCs, grabs much of the states headlines, water quantity is a problem that must also be addressed.Floridas three top industries tourism, agriculture and construction all rely on water to keep their economic engines running. For that reason, Floridas leading business-advocate groups have taken hold of the states water issues and have looked for consensus and means to resolve them. Among the leaders has been Associated Industries of Florida. Because of the devastating effects EPA's arbitrary rules could have on Floridas economy, AIF developed the Numeric Nutrient Task Force to meet EPA head on.
Rep. Matt Caldwell, chairman of the House Agriculture and Natural Resources Subcommittee, recognized the groups efforts after the agreement was reached. Todays announcement brings a long-awaited resolution and reflects years of determined advocacy by AIF and its task force members, he said. Through their continued focus on this issue, we have forged a partnership with the federal government that ensures there will be clean water for future generations of Floridians without laying a heavy financial burden on Floridas citizens and employers.
Another large business group, the Florida Chamber of Commerce, also said they welcomed the news Friday.
While the agreement ends one battle, another could be on the horizon.Water advocates have warned of costly Phase II rules coming down from EPA.
Anne Smith writes special to Sunshine State News.
