U.S. Senator Marco Rubio (R-Fla.) on Feb. 16 introduced The State Waters Partnership Act, a bill that, according to a Rubio announcement, “would force the U.S. Environmental Protection Agency (EPA) to adopt Florida’s science-based numeric nutrient criteria on water quality regulation” and “stop EPA’s regulatory interference in Florida.”
A Rubio press release said the bill would ensure that Florida maintains the primary role for establishing and implementing water quality standards in the state, and would compel EPA to formally accept a state numeric nutrient rule (HB 7051) that passed both the Florida House and Senate by unanimous votes earlier this month.
“Florida has one of the most aggressive water quality protection programs in the nation implemented by the people who know our state best, and it’s time the EPA stop bullying us into accepting another Washington-contrived mandate that would devastate job creation.,” Rubio said. “This legislation simply reaffirms that states and the federal government should be partners in making sure our water is clean, and prevents Washington overreaches from harming our economy. The EPA needs to step back and realize that Florida will not simply stand by as their policies negatively impact Florida’s consumers, agriculture producers, municipalities, small businesses and other job creators.”
Florida’s HB 7051 is supported by agriculture, industry, and utilities as an alternative to EPA imposed numeric nutrient criteria for the state. Unlike the federal standards, the state measure requires a study to determine if pollutants are actually causing biological harm in a particular water body before any enforcement action can be taken. Gov. Rick Scott has expressed support for the bill and is expected to sign it into law. A five-day administrative law hearing is scheduled to begin Feb. 27.
“This legislation would save up to 14,500 Florida agriculture jobs while building upon the tremendous successes already achieved on the state level to keep our water clean,” said Rep. Steve Southerland (R-Fla.), the bill’s House sponsor. “I look forward to working with Senator Rubio to ensure that, when it comes to strengthening the health of our waterways, Floridians come first.”
Numeric nutrient limits have been a hot-button issue for industry and agriculture, with both The Fertilizer Institute (TFI) and The Agricultural Retailers Association (ARA) condemning proposed EPA standards in Florida and the Chesapeake Bay region as being over-reaching, too costly, and lacking sound science.
EPA had been engaged in something of a public relations campaign in response to the heated opposition from industry and agriculture to its proposed numeric nutrient limits. According to the Des Moines Register, a regional EPA director told agribusiness officials in Iowa that the agency would not impose numeric standards for nitrogen levels in Iowa’s waters that could impede the use of nitrogen fertilizer.
At the Agribusiness Association of Iowa’s annual Agribusiness Showcase and Conference in Des Moines Feb. 7-8, EPA Official Karl Brooks told conference-goers that EPA’s proposed nutrient regulations for Florida and the Chesapeake Bay “have little application for row crop farming in Iowa,” and that EPA wants to work with farmers “to find common ground” rather than resort to divisive rhetoric “that sounds good on talk radio.”
In response, TFI’s Kathy Mathers noted that Iowa has already moved forward with water quality standards that establish total maximum daily loads (TMDLs) for pollutants, which are determined on a site-specific basis. “The state is already taking a number of steps, water body by water body,” she said. “There’s already a lot going on in Io