Florida’s Department of Environmental Affairs will soon begin making rules that set measurable limits on how much phosphorus and nitrogen are allowed in Florida’s waterways.
These rules will apply numeric standards to replace the narrative guidelines that are now used to determine whether a given activity sends too much of those nutrients into bodies of water by way of run-off or other means. The guidelines will apply to lakes, rivers, streams and springs.
On Wednesday morning, DEP Secretary Herschel T. Vinyard Jr. authorized staff to begin the process. Putting numbers in the mix could have far-reaching consequences for farmers, real estate developers, individual homeowners and governmental entities up and down the state; agricultural operations, wastewater plants, and certain construction activities are among the activies that regularly contribute to the nutrient level
Vinyard’ s staff will approach the rule-making task in a way that will take into account regional realities, rather than setting one specific standard applicable to all bodies of water. This differs from the plan that the federal Environmental Protection Agency initially attempted to have Florida follow.
Numeric standards have been on the horizon ever since EPA settled a lawsuit out of court with a group of environmental advocates who said that agency was obligated to force Florida to set numeric standards required in the Clean Water Act of 1999. As a result of the deal between EPA and the suing parties, EPA originally proposed a state-wide numeric standards for acceptable nutrient levels, although the state has said it was already in the process of arriving at numeric standards.
The state chaffed at EPA’s original plan, however, and began negotiating a new plan. The state will now continue its own efforts to establish acceptable standards that will be tailored to various regions of the state based on their specific physical characteristics and natural resources. EPA has agreed conceptually to this approach.
In addition to setting these forward-looking standards, DEP also plans to address existing nutrient impairment by identifying problem areas and developing standards to control specific nutrient targets found to be excessive.
The DEP website has specifics of the state’s plans for which the rules are now to be written. “The future of Florida’s environment depends on the health of our water resources, and no one knows our waters better than us,” Vinyard wrote about the issue. “This is the right thing for Florida, and the right thing to do. If adopted, these rules will be the most comprehensive nutrient pollution limitations in the nation, and will serve to protect our rivers, lakes, streams, springs and estuaries”
Vinyard stated that Florida’s proposed standards are based on many years worth of research. “Using more than a decade of data collection and analysis, Florida has developed standards that account for the individual characteristics and needs of Florida’s diverse water resources,” he wrote. “By setting standards focused on site-specific conditions we are better able to protect public health, improve water quality and preserve aquatic life in Florida’s unique water resources throughout the state.”
“Florida’s efforts go beyond crafting scientifically-sound standards for our waterbodies,” he continued. “We also provide a reasonable and predictable strategy to implement these standards, allowing us to direct our resources to where they will have the most meaningful benefit to our environment and reduce the financial burdens on Florida’s homeowners and businesses…Florida has invested millions of dollars to create nutrient rules that address the complexity of Florida’s waters, and we intend to finish the job.”
For more information and to access the rules, please visit http://www.dep.state.fl.us/secretary/nns.ht m .
Jackson County Extension Director Doug Mayo said agriculturists can sign on to participate in recommended best management practices through the extension office. Doing so may protect them since they will have committed to operating their farms in a way that is in compliance with standards. Mayo predicts that the new numeric standards to be challenged in lawsuits, and said that many parties in the state will face challenges in meeting them once they come into effect.
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