Florida 10th Amendment Center warns EPA nutrient standards will ‘strangle’ state’s farmers

Lone fisherman on St. John's River. [Photo by Kay B. Day]

Andrew Nappi, director of the Florida Tenth Amendment Center, has issued a warning about water nutrient standards the Environmental Protection Agency aims to impose on The Sunshine State. In an official statement, Nappi asked state legislators and congressmen at the federal level to “stand up for Florida’s agriculture and sovereignty.”

Nappi said, “Everyone wants clean air and water.” But he said the Clean Air and Water Act is an “unfunded mandate imposed upon the sovereign states by the general government.” Nappi believes the act will “wreak destruction on Florida’s farmers.”

A major concern involves the setting of precise water quality standards by the states and the EPA. CAWA required states to identify pollution-impaired water areas. Each state is required to develop total maximum daily loads (TMDL)—the maximum amount of pollution that a body of water can undergo without violating federal standards. States have grappled with this directive because of the cost.

The Water Encyclopedia said, “Since the late 1980s, citizen groups have filed more than 40 lawsuits in 38 states against the EPA and the states for failing to implement the TMDL requirement.” The Clinton administration pushed the issue; the George W. Bush administration tabled it.

Florida has made many attempts to work with EPA to develop numeric criteria for years. From submitting an initial draft in 2002 to submitting a ‘Current Numeric Nutrient Criteria Development Plan’ in 2009, Florida has demonstrated dedication to working on standards that are realistic.

The Florida Dept. of Environmental Protection has also made information available in order to inform the public about what is happening. FDEP said in a statement: “nutrients are unlike any other 'pollutant' regulated by the federal Clean Water Act (CWA). Most water quality criteria are based on a toxicity threshold, evidenced by a dose-response relationship, where higher concentrations can be demonstrated to be harmful, and acceptable concentrations can be established at a level below which adverse responses are elicited (usually in laboratory toxicity tests). In contrast, nutrients are not only present naturally in aquatic systems, they are absolutely necessary for the proper functioning of biological communities, and are sometimes moderated in their expression by many natural factors.”

This is a potentially costly issue. The Florida Dept. of Agriculture said implementing the EPA standards could cost more than $1 billion dollars annually and destroy more than 14,000 jobs. The agency also said more than 13.5 million acres of agricultural and forestlands could be impacted.

Nappi cited Senator-Elect Marco Rubio (R) who issued a statement about the situation. Rudio said, “Florida’s farms are an invaluable part of our state and national economies. As the nation’s largest industry, it is necessary that farmers be protected from an overreaching government and unfair taxes that stymie growth and profitability. We must do everything we can to allow these farms to create jobs, protect their crops and increase market size by opening up trade. As the country’s leading citrus provider, Florida stands to gain the most from these necessary practices.”

Nappi sees the issue as a federal agency circumventing Congress and treading on states’ rights. He said, “The de facto ownership of Florida waters by an edict from a general government agency should not be allowed to stand.  Not only does it come at a time when such an economic hit will devastate our land which already suffers a 12% unemployment rate; it is a gross violation of our sovereignty and independence under the Tenth Amendment.”

The state's Washington D.C. delegation has already written to the EPA. 

Our Congressional delegation has politely suggested a broader review via a statement by Congressman Adam Putnam (R). Putnam said, "EPA should conduct a full scientific review of this proposed rule for all Florida waters…And it should modify its rulemaking in accordance with SAB’s analysis so that Floridians can continue to enjoy clean water, protected by a standard that is achievable and supported by the best available science.”

The SAB is the Science Advisory Board for EPA.

Nappi is asking the public to write representatives at both the state and federal level to ask that these regulations be stopped. The public will ultimately bear the cost of the EPA mandate.

Rubio said, "Unfortunately, Washington has intervened and made it more difficult for farmers to run successful businesses. The Environmental Protection Agency (EPA) is placing stringent standards on farmers, and unfair taxes are strangling their ability to grow their businesses. These practices must be adjusted so that America’s largest industry can thrive and produce not just food, but jobs as well."

The EPA water nutrient deadline is Nov. 14.

(Filed by Kay B. Day/Nov. 7, 2010. Source: Statement and documents from Florida Tenth Amendment Center)