

At a series of hearings across the state,
officials with the U.S. Environmental Protection Agency got a pretty
clear idea of what many in Florida think of the agency’s
proposed water quality standards for the state’s lakes, rivers,
streams and canals: They stink.
The agriculture community -– along
with people from other sectors of Florida’s economy -- spoke strongly against
the EPA standards at the public meetings held by the agency Feb.
16-18.
EPA wants to replace the state’s
existing site-specific standards with numeric limits that would apply to
different categories of water bodies. The proposed rule comes despite
the fact that Florida’s
Department of Environmental Protection has been working for more than a
decade toward the same goal through painstaking, scientific steps. The
EPA’s move is the result of a lawsuit brought by activist
environmental coalition Earthjustice, which sued because it thought the
DEP and EPA weren’t moving fast enough to set criteria to clean up
the state’s surface waters.
The Tallahassee and West Palm
Beach gatherings were filled, and the Orlando hearing
was standing-room-only. A crowd of around 500 packed the meeting room,
with the overflow spilling into the lobby outside.
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Crowds filled venues throughout the state as stakeholders weighed in
on EPA's proposed numeric nutrient standards for Florida water
bodies.
-Hearing photos courtesy of Mary Hartney, Florida Fertilizer &
Agrichemical Association
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Representing the EPA’s Office of Water were Ephraim King,
director of the Office of Science and Technology; Jim Giattina, director
of the Office of Wetlands, Oceans and Watersheds; and Jim Keating,
environmental protection specialist of the Standards and Health
Protection Division. King’s opening remarks focused on how the EPA
arrived at the proposed standards, basing them in large part on data
gathered over many years by the Florida Department of Environmental
Protection. Keating gave a presentation outlining why EPA took its
broad-brushed approach, saying it allows the agency to move more quickly
to address “the broader range of impairments” in Florida waters.
Most of the speakers who addressed the EPA
panel at the hearings opposed EPA’s proposal, citing the lack of
sound scientific data to support the standards, the arbitrary nature of
the criteria and the astronomical costs to comply with them. According
to Florida Farm Bureau, 237 people spoke at the three hearings. More
than three-fourths – 76.4 percent – opposed the rule. About
20 percent supported it, and almost 4 percent were neutral.
Florida agriculture isn’t
alone in criticizing the proposed standards. Municipal wastewater and
stormwater treatment utilities and numerous other industry sectors will
have to spend many, many millions to pay for extensive infrastructure
upgrades. And those costs will be borne by taxpayers.
Several FFVA members and staff were among
the speakers in all three locations. FFVA Board of Directors members Pam
Fentress and Rick Roth gave remarks, as did representatives from many
other members' companies, including the Sugar Cane Growers Cooperative
of Florida, King Ranch and Collier Enterprises.
One of the biggest criticisms is that the
EPA standards are overly broad and fail to take into account the
diversity and unique nature of Florida’s lakes, rivers, streams and canals.
As a result, bodies of water that now are deemed healthy will be
considered impaired.
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Kerry Kates, FFVA’s director of water and natural resources,
spoke on behalf of the association at the Tallahassee EPA hearing.

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Kerry Kates, FFVA’s director of water
and natural resources, spoke on behalf of the association at the
Tallahassee hearing.
“The agricultural community is
particularly apprehensive about how individual operations could be
affected. The economic downturn has greatly impacted Florida’s growers. Coupled with the
devastation incurred by the recent unprecedented freeze, many in the
agricultural community have been left reeling,” Kates told the
panel. “Given the estimated costs to upgrade current public
infrastructure to meet the proposed criteria, it can be assumed that the
costs to the agricultural community would be
staggering.
“It is highly doubtful that our
farming communities would be able to weather the financial burden that
would result from attempting to comply with this proposed ruling,”
he continued. “This not only affects the agriculture
operations, but the many communities that have built up around them,
where agriculture is the hub of their local economies. There are a
myriad of towns throughout this state that are directly dependent on
agriculture. If those operations should cease to exist, those
towns and communities would collapse.”
Among other concerns, John Alexander of
Alico said he was leery of the standards because they have arbitrarily
set and are unattainable. Nor can the standards be met with current
technology and without significant additional costs that agriculture
can’t sustain, he said.
“It’s noteworthy that even
South Florida rainfall exceeds the
permitted 10 parts per billion [of phosphorous] as the rainfall contains
30 parts per billion. I rest my case that they are set arbitrarily
without science,” he said.
Alexander pointed out the work that growers
and ranchers have done to improve water quality.
“Those of us who live and work in
agriculture in South Florida have made
tremendous progress in reducing both nitrogen and phosphorous being
discharged on our properties over the past 15 years. We’ve gone
from being accused of being the problem to becoming a major part of the
solution,” he told the EPA panel. “We understand the problem
and we are committed to doing even more. But I suggest you let the
Florida DEP continue its work to establish numeric nutrient criteria
based on science and local knowledge in accordance with the Clean Water
Act without specific dictation from Washington.”
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Ephraim King, director of EPA's Office of Science and
Technology, listens to comments made at a recent numeric nutrient
criteria hearing.
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Rick Roth of Roth Farms Inc. in Belle Glade addressed the panel at the West Palm Beach
public hearing. “Floridians cannot afford another tax from
Washington by way of regulation at a
time of double-digit unemployment and record foreclosures, especially
since the proposed criteria are unnecessary to protect the biological
health of the water bodies,” he said. “They are technically
unachievable and could create expensive unintended
consequences.”
Joe Wright of V&W Farms in Highlands
County spoke of the
millions of dollars his company has already invested in environmental
infrastructure, including converting its operation from a confined
facility to rotational grazing. For its efforts, his company has
received the Agricultural Environmental Leadership Award given by the
state Department of Agriculture and Consumer Services.
“We are absolutely state of the art
… you cannot get more environmentally friendly than our dairy
farm. But I am very, very worried about this rule,” Wright said.
“First of all, it’s an indictment of the Florida DEP.
I’ve dealt with them for 20 years -- they’ve not always been
easy to deal with, but they’ve always been fair.
“Some people in this room claim to be
environmentalists, but I’ve put my $3 million where my mouth is.
And I don’t want to be collateral damage from a change in the
rules,” he added, concluding that he was “concerned that
this is more a battle of ideology than it is science or
economics.”
The agency is set to issue final standards
in October. It has extended the original March 29 deadline for written
comments another 30 days. Kates said he is preparing FFVA’s
response and is urging members to file their own comments as
well.
Information about the water quality
standards and tools to help develop and submit comments to the EPA can
be found on FFVA’s Web site on the home page.