The Suwannee Democrat

 

Some For, Some Against Proposed EPA Nutrient Limits

 

Feds propose nutrient runoff standards Hearings on EPA proposals set for February

 

By Stephenie Livingston

 

January 28, 2010

 

New federal standards that could severely impact farmers in Northern Florida and throughout the state may go into effect soon. The Environmental Protection Agency last week proposed new standards for "nutrient" pollution in Florida's waterways, after the state Department of Environmental Protection failed to do the job, according to a federal court ruling. The EPA is now encouraging "those who are knowledgeable of Florida waters" to review the proposal and express their concerns.

 

The proposed regulations come in the aftermath of an August settlement with five environmental groups that sued the EPA for not properly enforcing the federal Clean Water Act in Florida. The lawsuit was spurred by a 2008 DEP report that approximately 1,000 miles of rivers and streams, 350,000 acres of lakes and 900 square miles of estuaries are not meeting the state's water quality standards due to excess nitrogen and phosphorus, which are nutrients. Nutrient pollution can damage drinking water and create health risks and increase algal blooms, which can be dangerous to both humans and animals.

 

Some state officials have said this most recent move was to pacify outraged environmentalists. Some have gone even further, saying the standards are not based on science. At a November town hall meeting in Branford, Farm Bureau Director of Government and Community Affairs Staci Braswell called the deadlines for setting the EPA standards "hasty" and "litigation driven."

 

However, EPA assistant administrator Benjamin Grumbles said in a letter to DEP last year that EPA felt it had to step in if the situation were to be corrected and Florida's waterways protected.

 

"Despite Florida's widely recognized efforts, substantial water quality degradation from nutrient over-enrichment remains a significant challenge in the state and one that is likely to worsen with continued population growth and environmental and land-use changes," wrote Grumbles.

 

Peter S. Silva, assistant administrator for EPA's Office of Water, said, "New water quality standards, developed in collaboration with the state, will help protect and restore inland waters that are a critical part of Florida's history, culture and economic prosperity."

 

The proposed EPA guidelines establish a numeric "one size fits all" limit for nitrogen and phosphate. The state had argued at the November town hall meeting that most of Florida's water bodies were unique and a single set of standards for all Florida  waterways, such as that proposed by the EPA, was not reasonable.

 

"It is  very difficult to set one standard for the whole state," Suwannee River Water Management Executive Director David Still said in November. "The standard will not be achievable if it is not based on science and unique to different districts and different parts of the state."

 

After reviewing the proposed standards, Still said Thursday that SWRMD does not embrace the EPA's stance.

 

"We do not agree with their decision Friday or their decision prior to that," said Still.

 

He said SRWMD remains in favor of a "narrative" approach, in which standards are tailored to specific regions.

 

But despite the state's best efforts, environmentalists like Annette Long of Save Our Suwannee say DEP was "foot-dragging."

 

"I'm sorry it had to come to this," said Long. "But I'm pleased. The EPA standards appear to be very close to the same as what DEP was considering. This should help DEP move forward."

 

Leslie Kurtz, co-owner of Kurtz Dairy Farm in Live Oak, said she does not think the new regulations will hurt her farm.

 

"We are in tune to working with nature," said Kurtz. The Kurtzes gather the farm's manure in a lagoon and recycle it as fertilizer. In addition, they grass-feed their dairy cows. "I think if more farmers work with nature, they will make less problems."

 

However, the problem of nutrient pollution has not been helped by the dairy crisis, Kurtz noted. Due to low milk prices, Kurtz said farmers are being forced to add more cows so as to increase their profits, further increasing pollution.

 

When first asked, Kurtz said she was "in the dark" about the new EPA proposed regulation. Many local farmers echoed her saying they were not aware the EPA standards had been released.

 

Florida Farm Bureau Assistant Director of Government Affairs Charles Shinn said that is where his agency comes into play.

 

"We're trying to get the word out," said Shinn. "We are quite concerned. We think these standards could have a tremendous impact on the ability of Florida agriculture to produce crops."

 

Shinn says the EPA's "one size fits all" approach will put Florida farmers at a disadvantage compared to other states.

 

"The potential negative impact this will have is off the scale," he said.

 

As of Tuesday, FDEP would not comment other than in a prepared statement.

 

"We continue to review the draft rule that EPA just released," said FDEP spokeswoman Dee Ann Miller said. "As we review it, we encourage Florida scientists and water quality managers to also engage in assessing and commenting on the proposed criteria. It is critical that those who are knowledgeable of Florida waters share information on the state's unique ecosystems with EPA scientists to best inform their decisions in the future."

 

The EPA will hold hearings on Feb. 16, 17 and 18 in Tallahassee, Orlando, and West Palm Beach, respectively.