The Florida Division of Administrative Hearings on June 7 issued a ruling stating that numeric nutrient criteria (NNC) developed for Florida waters by the Florida Department of Environmental Protection (DEP) are consistent with state law, and that the DEP acted within its legal authority when developing the Florida-specific NNC.
The ruling was hailed by The Fertilizer Institute (TFI), which, along with other trade groups and businesses, has expressed opposition to federal numeric nutrient limits proposed by the U.S. EPA for Florida waters (GM March 12, p. 1). They claim EPA’s Water Quality Standards for the State of Florida’s Lakes and Flowing Waters are not science-based, and would have a disastrous impact on Florida’s economy by imposing heavy costs on the fertilizer industry and other industries in the state, as well as on Florida residents and businesses.
“This is another positive step towards the finalization of Florida’s state NNC,” TFI told Green Markets. “The state criteria contain a biological confirmation component that ensures only waters that are truly impaired are listed as such. TFI is very pleased with this development.”
Noting that “fertilizer is a critical component of Florida’s economy and world food production,” TFI President Ford West said the court ruling “places us just one step closer to ensuring that the state’s water quality standards are science-based while avoiding unnecessary costs to Florida’s citizens.”
EPA now has 60 days to approve or 90 days to disapprove the state criteria. If approved, EPA will withdraw the federal NNC. The state NNC has already received approval by the Florida Environmental Regulation Commission, the Florida Legislature, and Gov. Rick Scott.
“Today’s ruling by Administrative Law Judge Bram D. E. Canter upholds DEP’s numeric nutrient standard rules, further supporting and validating that Florida is taking the right steps to get our state’s water right,” said DEP Secretary Herschel T. Vinyard in a June 7 statement. “These rules have been peer reviewed and have received not only the full support of the legislature and members of the Cabinet, but of the court, as well.”
According to TFI, the court approval was necessary for EPA to review the state criteria as an alternative to its own, which were originally scheduled to take effect in March before EPA petitioned to push back the deadline for enforcement until June (GM Feb. 27, p. 1). EPA in May asked a federal judge to extend the federal NNC deadline again, to July 20 for coastal and estuarine waters, and to Nov. 30 for rivers and streams in the state.
As with the earlier delay, environmental groups objected to EPA’s latest petition to push back the federal NNC deadline, stating in a May filing in federal court that “nutrient pollution is a serious and continuing problem in Florida. This fact mitigates against EPA’s proposed extensions.”
Vinyard said the state criteria crafted by DEP “provide a clear process for identifying waters impaired by nutrients, preventing harmful discharges and establishing necessary reductions.” He referred to the state criteria as “the most comprehensive nutrient standards in the nation,” but stressed that they also “provide a reasonable and predictable implementation strategy and avoid unnecessary costs on Florida’s households and businesses.”
“Protecting Florida’s water resources is in the interest of all who live, visit and do business in the state,” added TFI’s West. “Florida DEP’s water quality standards are protective of the environment and we urge EPA to stand aside now and allow implementation of a Florida-specific approach to address Florida’s water quality ne