Suwannee Democrat

Local News

November 19, 2009

Part 2 of 2: Federal intervention in nutrient cleanup unwelcome, says DEP

This is the second of two parts in our coverage of a Monday night forum in Branford on water issues facing North Florida. The forum, sponsored by state Rep. Debbie Boyd, was held at Branford Elementary School.

A panel of experts spoke out Monday night in opposition to a decision allowing the federal Environmental Protection Agency to set surface water pollution standards for Florida -- the first time any state's standards have been overridden in this manner.

A U.S. district judge had earlier that day approved the agreement between five environmental groups and the EPA to give the federal agency final say in setting state standards for surface water pollution.

"The EPA needs to allow Florida to stand up, take control of this process and do it right," said Chuck Aller, Director of Agriculture Natural Resource Management for the Florida Department of Agriculture and Consumer Services.

The EPA stepped in after a lawsuit by environmentalists who argued the Florida Department of Environmental Protection hadn't complied with a 1998 EPA decision that states set numerical limits for nutrients in farm and urban runoff.

State officials and scientists from several state agencies and at least one environmental group, Audubon of Florida, said Monday night that they agree Florida needs numeric standards to control excess nitrogen and phosphorus levels (nutrient pollution can lead to harmful algae blooms and low-oxygen "dead zones," as well as declines in wildlife) in bodies of water, but wish to put science-based standards in place themselves, while warning of the dangers of being overly hasty in setting those standards.

"The State of Florida recognizes that there needs to be numeric limits," said Jerry Brooks, Director of Environmental Assessments and Restoration with DEP. Florida has studied nutrient concentrations and ecological change more than any other state, he added. "However, we are opposed to one that is not based on science," said Executive Director of Suwannee River Water Management David Still. Still said the new standards will not achieve the desired effect if they are not based on science and unique to different parts of the state "It is very difficult to set one standard for the whole state," he said. "The standard will not be achievable if it is not based on science and unique to different districts and different parts of the state."

Officials warned about 200 residents at the forum that meeting the "conservative" standards proposed by the EPA could cost billions of dollars during already difficult economic times.

Speakers at the forum also said EPA is setting unreachable standards that require duplication of efforts the state has already made to study and clean Florida waterways. The state has spent $20 million on these efforts to date.

The panel also called the agreement unfair, saying Florida is a national leader in water cleanup.

Some were also concerned the agreement could require cleanup of other states' runoff as well, putting Florida farmers at a competitive disadvantage.

"Florida's agriculture is going to get slammed compared to other states," said Allen.

Still, the EPA says nutrients cleanup cannot wait.

"Despite Florida's widely recognized efforts, substantial water quality degradation from nutrient over-enrichment remains a significant challenge for the State," said Assistant Administrator Benjamin H. Grumbles in a letter to DEP Secretary Michael Sole, "and one that is likely to worsen with continued population growth and environmental and land-use changes. EDA has determined that numeric nutrient water quality criteria are necessary."

The new agreement says EPA must propose rules by January 2010. Florida Farm Bureau Director of Government and Community Affairs Staci Braswell calls the deadline hasty and said they were set for the wrong reasons. "These are litigation-driven deadlines," she said. "Farmers, families, state government ... everyone will face economic hardship. Utility bills as well as taxes will increase."

Monica Reimer, an attorney for the environmental groups, said opponents haven't yet seen the EPA standards and will have an opportunity to challenge them once they're set, according to an Associated Press report.

In federal court Monday, the five groups - the Florida Wildlife Federation, Sierra Club, Conservancy of Southwest Florida, Environmental Confederation of Southwest Florida and St. Johns Riverkeeper - argued that nutrient pollution was responsible for large outbreaks of algae in Florida's inland and coastal waters.

David Guest, the environmentalists' attorney, showed U.S. District Judge Robert Hinkle poster-sized photos of waterways clogged with lime-green scum, according to an Associated Press report.

Information posted on the Web site of Save Our Suwannee indicates algae is four feet thick in places on the river. The group also attributes the problem to an excess of nutrients in runoff.

Still, scientists and state officials don't plan to back down. "This is the first scrimmage in what will be a very long battle," said Allen.

"DEP made proposals before the EPA got involved," said Allen. "DEP's proposal was more reasonable. The state has already invested time and money into this."

No matter whose standards are eventually adopted, Agricultural Engineer Mike Halloway said the state is going to pay a steep price for the cleanup.

"There is going to be a cost no matter if DEP or EPA comes up with something," said Halloway. "The stakes are high. Billions of dollars could be lost."

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