Trade groups, fert businesses press EPA to drop its Florida nutrient rule and adopt the stateÆs own criteria
Some 48 organizations and businesses on March 1 sent a letter to U.S. Environmental Protection Agency (EPA) Administrator Lisa Jackson, urging her to approve the Florida Department of Environmental Protection’s (FDEP) Numeric Nutrient Criteria (NNC) rule and withdraw EPA’s own numeric nutrient criteria for Florida waters.
The letter’s signers include The Fertilizer Institute (TFI), the Agricultural Retailers Association (ARA), Agrium U.S. Inc, CF Industries, PotashCorp, International Raw Materials Ltd., and the J.R. Simplot Company. Also included are numerous state agribusiness associations.
The FDEP NNC rule, developed as an alternative to EPA’s contentious Water Quality Standards for the State of Florida’s Lakes and Flowing Waters, has received support from industry and was unanimously approved by the Florida Environmental Regulation Commission (ERC) and the Florida Legislature, and signed by Gov. Rick Scott (GM Feb. 27, 2012).
“Florida is recognized as a national leader in implementing a sophisticated suite of water quality and technology-based nutrient management programs to protect its water bodies,” the letter states. “In fact, FDEP has spent more than $20 million during the last decade to collect and analyze data related to the concentrations and impacts of nutrients in Florida’s water bodies. By utilizing this data and analysis, FDEP has worked tirelessly over the past year to develop scientifically defensible water quality standards. While there will be significant costs associated with these standards, we believe they are technically achievable standards that our members and other stakeholders will be able to meet while working in partnership with the state.”
EPA’s numeric nutrient criteria for Florida waters were promulgated in December 2010 after the agency was sued by a number of environmental groups for failing to enforce Clean Water Act standards in the state. Opponents of the EPA standards argue that they are too costly, over-reaching, and lack sound science. Unlike the federal standards, the FDEP regulations requires a study to determine if pollutants are actually causing biological harm in a particular water body before any enforcement action can be taken.
“EPA has acknowledged that states must take the lead in addressing nutrients,” the letter states. “After all, it is the states that are best suited to deal with issues related to their unique landscapes and climates.”
On March 9, TFI issued a statement regarding a National Research Council (NRC) study which found that EPA underestimated the costs associated with implementing NNC standards for lakes and flowing waters in Florida. The study also questioned the validity of several assumptions in the EPA cost analysis and found that EPA did not adequately report on the uncertainties that could affect the cost of the rule change.
“The Fertilizer Institute is not surprised by the findings of the National Research Council’s study which reveal that EPA underestimated the costs associated with implementing numeric nutrient criteria in the state of Florida,” said TFI President Ford West. “The potential cost to the agricultural sector has been a primary concern for TFI while addressing this issue. The National Research Council’s report validates the agricultural community’s position regarding the enormous cost associated with implementation of EPA’s rule.
TFI said the NRC study also supports its opinion that the state of Florida, not EPA, should be responsible for the development and implementation of water quality standards that are science-based while avoiding unnecessary costs to the state’s citizens. TFI said it “strongly believes” that the FDEP NNC rules are “the appropriate vehicle for improving water quality in the sta