E.P.A. Finalizes Common Sense Requirements to Protect Florida Waters

(TALLAHASSEE - Nov. 15, 2010) The E.P.A. (EPA) has finalized protective requirements to help reduce water pollution that causes harmful algae blooms - the thick, green muck that fouls clear water - which can produce toxins harmful to humans, animals and ecosystems across the state of Florida. The blooms are caused by phosphorous and nitrogen pollution from excess fertilizer, stormwater and wastewater that flows off land into waterways. The final requirements set specific numeric limits on the amount of nutrient pollution allowed in Florida's lakes, rivers, streams and springs. These specific limits will provide much needed predictability and clarity to all involved in protecting water quality compared to the current general standards. Currently, in excess of 1,900 rivers and streams, 375,000 acres of lakes, and 500 square miles of estuaries are known to be impaired by nutrients in Florida.

These new requirements will become effective 15 months from now, allowing cities, towns, businesses, other stakeholders and the state of Florida a full opportunity to review the requirements and develop strategies for implementation while Florida continues to recover from the current economic crisis.

"After extensive scientific study, multiple rounds of public discussion, and collaboration between the state of Florida and EPA, we're ready to work together to tackle a problem that for years has threatened drinking water supplies, hurt tourism revenue and lowered property values," said Peter Silva, Assistant Administrator for the Office of Water at the E.P.A.. "Clean water is essential to Florida's environmental and economic health. This rule will allow the people of Florida to take common sense, cost-effective steps to tackle harmful nutrient water pollution."

"Anyone who has seen the green sludge coating Florida's waters has experienced the consequences of excess nutrient pollution. This is a serious environmental problem that harms Florida's economy and quality of life," said EPA's Regional Administrator Gwen Keyes-Fleming. "EPA sought extensive public review and scientific input during the rulemaking process, and these requirements respond to that feedback by providing a practical, flexible approach to meeting the expectations of Florida's citizens for clean, healthy water."

E.P.A. engaged in extensive public outreach and consultation with Florida stakeholders by conducting 13 well-attended public hearing sessions in 6 cities in Florida during a three-month public review period. The Agency received over 22,000 public comments on our original proposal. E.P.A. worked in close consultation with the Florida Department of Environmental Protection, along with local experts and government officials, to ensure that the best accessible science formed the basis for the requirements and that implementation would be flexible and cost-effective. Florida's environmental agency is committed to protecting Florida's water quality, has a high level of scientific expertise, and one of the country's best databases on the condition of its waters, all of which played a critical role in shaping the final numeric standards.

During the 15-month period before the numeric requirements take effect, E.P.A. will work closely with the state to determine the next steps to achieve the objectives of the standards. The requirements do not take a "one-size-fits-all" approach, but reflect conditions in 5 different watershed regions and allow for case-by-case adjustments based on local environmental factors while maintaining water quality. Governments or other stakeholders can seek special consideration in cases where the state and local communities have extensively assessed water bodies and effective measures are in place to reduce nutrient pollution.

In Florida, nutrient pollution has contributed to severe water quality degradation. Based upon waters assessed and reported in Florida's 2010 Integrated Water Quality Assessment, approximately 1,918 miles of rivers and streams, 378,435 acres of lakes, and 569 square miles of estuaries are known to be impaired for nutrients in the state.

The Florida Wildlife Federation filed a 2008 lawsuit against EPA, resulting in a finding by the previous Administration in January 2009 under the Clean Water Act that nutrient pollution requirements are necessary for Florida. The resulting settlement, reflected in a consent decree entered in August 2009, requires E.P.A. to adopt specific or "numeric" nutrient pollution requirements by November 2010. The final rule complies with this consent decree. Under the decree, E.P.A. is required to issue additional requirements for Florida's coastal waters by August 2012 and will soon submit the underlying science for these requirements to its independent Science Advisory Board for peer review.

For more information on the final requirements for Florida lakes, springs and streams: http://water.epa.gov/lawsregs/rulesregs/florida_index.cfm

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