History:
The State of Florida currently uses a “narrative” standard to guide the management and protection of nutrients in its waters. Chapter 62-302.530, Florida Administrative Code (FAC), states that “in no case shall nutrient concentrations of body of water be altered so as to cause an imbalance in natural populations of flora or fauna.” The narrative criteria also provide that (for all waters of the state) "the discharge of nutrients shall continue to be limited as needed to prevent violations of other standards contained in this chapter.”
Florida has initiated rulemaking to adopt quantitative nutrient water quality standards to facilitate the assessment of its waters and to provide a better means to protect waters from the adverse effects of nutrient over-enrichment. In fact, the Florida Department of Environmental Protection (DEP) has been actively working with the EPA on the development of numeric nutrient criteria for several years. The DEP submitted its initial DRAFT Numeric Nutrient Criteria Development Plan to EPA Region IV in May 2002, and received mutual agreement on the Numeric Nutrient Criteria Development Plan from EPA on July 7, 2004. The DEP revised its plan in September 2007 to more accurately reflect its evolved strategy and technical approach, and received mutual agreement on the 2007 revisions from EPA on September 28, 2007.
On January 14, 2009, as a result of a lawsuit filed against the EPA by environmental advocacy groups, the EPA issued a formal determination that numeric nutrient criteria should be established on an expedited schedule. On December 6, 2010, the EPA published final rules establishing numeric nutrient criteria for Florida’s lakes, streams, rivers and springs. A portion of the final rule, relating to establishing site-specific alternative criteria, became effective on February 4, 2011. The remainder of the final rule becomes effective on March 6, 2012.
Many in Florida, including businesses, industry groups, agricultural entities, utilities and local governments believe that the proposed numeric nutrient criteria promulgated by the EPA are: i) and without scientific basis; ii) technically and economically infeasible; and iii) not reasonably related to the health of plant and animal life in Florida’s waters. After a series of lawsuits were filed, the case was consolidated in the United States District Court for the Northern District of Florida (Tallahassee Division) before Judge Robert L. Hinkle. In the meantime, the DEP has filed a Petition requesting that the EPA withdraw its initial determination that numeric criteria are required in Florida.
2011-12 Session:
At the FAC Legislative Conference the Growth Management, Environmental Planning & Agriculture Committee heard a presentation on numeric nutrient criteria by Drew Bartlett, DEP’s Director of Environmental Assessment and Restoration.The Committee then approved the following supplemental policy statement with regard to the Department’s rule making efforts in that regard:
The Florida Association of Counties supports the Florida Department of Environmental Protection’s Numeric Nutrient Criteria Rule as a replacement for the federally promulgated numeric nutrient criteria. The Florida rule provides the necessary protection to the State’s waterbodies without imposing unnecessary costs to county governments. Furthermore, the Association supports the Department’s petition to the Environmental Protection Agency to rescind theirJanuary, 2009, determination to federally promulgate numeric nutrient criteria only in Florida.