Feds agree to set limits for pollution of Florida waters

SCCF Water Quality Update: 
EPA Agrees to Set Limits on Fertilizer
 and Animal Waste Pollution in Florida

The public interest law firm,  Earthjustice, announced August 21st a major step forward for Florida water quality with the signing of a consent decree between the federal EPA and Florida Department of Environmental Protection (DEP)  that agrees to set legal limits for the widespread nutrient poisoning that triggers harmful algae blooms in Florida waters.   

Earthjustice attorney Monica Reimer said this is a real milestone in the struggle to safeguard lakes, rivers and estuaries throughout Florida.

“We look forward to working with the Florida DEP and the U.S. Environmental Protection Agency in developing numeric criteria to keep our waters safe,” Earthjustice attorney David Guest said. 

The change in federal policy comes 13 months after five environmental groups filed a major lawsuit to compel the federal government to set strict limits on nutrient poisoning in public waters.

 
Earthjustice filed the suit in the Northern District of Florida on behalf of the Florida Wildlife Federation, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida, St. John’s Riverkeeper, and the Sierra Club in July 2008.  

The suit challenged an unacceptable decade-long delay by the state and federal governments in setting limits for nutrient pollution.  EPA’s agreement to set enforceable nutrient limits settles that lawsuit.
 

                    The Caloosahatchee 2006            Photo By Rick Solveson

Nutrients like phosphorous and nitrogen poison Florida’s waters every time it rains; running off agricultural operations, fertilized landscapes, and septic systems. The poison runoff triggers algae outbreaks which foul Florida’s beaches, lakes, rivers, and springs more each year, threatening public health, closing swimming areas, and even shutting down a southwest Florida drinking water plant.


In a 2008 report, the Florida Department of Environmental Protection concluded that half of the state’s rivers and more than half of its lakes had poor water quality. The problem is compounded when nutrient-poisoned waters are used as drinking water sources. Disinfectants like chlorine and chloramine can react with the dissolved organic compounds, contaminating drinking water with harmful chemical byproducts.

Exposure to these blue-green algae toxins – when people drink the water, touch it, or inhale vapors from it - can cause rashes, skin and eye irritation, allergic reactions, gastrointestinal upset, serious illness, and even death.  In June 2008, the Olga water treatment plant serving 30,000 Florida residents, in East Lee County, was shut down after a toxic blue-green algae bloom on the Caloosahatchee River threatened the plant’s water supply.
 

                    Olga Water Treatment Plant 2008    Photo by John Cassani

Today’s action has nationwide implications. Currently, Florida and most other states have only vague limits regulating nutrient pollution. Florida’s current narrative standard reads: “In no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora and fauna.”

The U.S. EPA will now begin the process of imposing quantifiable – and enforceable -- water quality standards to tackle nutrient pollution.  The development of numeric nutrient standards will help us locally  in our ongoing battle to improve water quality in the Caloosahatchee, estuary and coastal waters, many of which have been declared impaired by the DEP.  
 

SCCF policy staff is thrilled with this news and will continue to participate in the process to bring sound science to the development of meaningful water quality standards. 

Fri, 08/21/2009 - 20:28 — Ralf Brookes

 
Great news - Finally, numeric NUTRIENT standards ! This is policy catching up to science:>EPA Agrees to Set Limits on Fertilizer and Animal Waste Pollution in Florida
New policy contrasts with inaction by Bush administration
August 21, 2009
Tallahassee, FL -- In
a major step forward for the environment, President Barack Obama's
administration has signed a consent decree in which it agrees to set
legal limits for the widespread nutrient poisoning that triggers
harmful algae blooms in Florida waters.
"This is a refreshing change of policy after almost a decade of
foot-dragging by the Bush administration," said Earthjustice attorney
Monica Reimer. "It is a real milestone in the struggle to safeguard
lakes, rivers and estuaries throughout Florida."

Anabaena algae bloom in Caloosahatchee River at Franklin Lock, June 17, 2008. (Photo courtesy of John Cassani.)View more photographs of Florida nutrient pollution and algae blooms.
"We look forward to working with the Florida Department of
Environmental Protection and the U.S. Environmental Protection Agency
in developing numeric criteria to keep our waters safe," Earthjustice
attorney David Guest said. 
The change in federal policy comes 13 months after five
environmental groups filed a major lawsuit to compel the federal
government to set strict limits on nutrient poisoning in public waters.
Nutrients like phosphorous and nitrogen poison Florida's waters
every time it rains; running off agricultural operations, fertilized
landscapes, and septic systems. The poison runoff triggers algae
outbreaks which foul Florida's beaches, lakes, rivers, and springs more
each year, threatening public health, closing swimming areas, and even
shutting down a southwest Florida drinking water plant.
In a 2008 report, the Florida Department of Environmental Protection
concluded that half of the state's rivers and more than half of its
lakes had poor water quality. The problem is compounded when
nutrient-poisoned waters are used as drinking water sources.
Disinfectants like chlorine and chloramine can react with the dissolved
organic compounds, contaminating drinking water with harmful chemical
byproducts.
Exposure to these blue-green algae toxins – when people drink the
water, touch it, or inhale vapors from it - can cause rashes, skin and
eye irritation, allergic reactions, gastrointestinal upset, serious
illness, and even death.  In June 2008, a water treatment plant serving
30,000 Florida residents was shut down after a toxic blue-green algae
bloom on the Caloosahatchee River threatened the plant's water supply.
The public interest law firm Earthjustice filed the suit in the
Northern District of Florida on behalf of the Florida Wildlife
Federation, the Conservancy of Southwest Florida, the Environmental
Confederation of Southwest Florida, St. John’s Riverkeeper, and the
Sierra Club in July 2008.  The suit challenged an unacceptable
decade-long delay by the state and federal governments in setting
limits for nutrient pollution.  EPA's agreement to set enforceable
nutrient limits settles that lawsuit.
Read the consent decree
Today's action has nationwide implications. Currently, Florida and
most other states have only vague limits regulating nutrient pollution.
The U.S. EPA will now begin the process of imposing quantifiable – and
enforceable -- water quality standards to tackle nutrient pollution.
"Floridians around the state will be breathing a sigh of relief with
the EPA's new commitment to finally take action," said Manley Fuller,
president of the Florida Wildlife Federation. "The delays on the part
of the state and federal governments have been unbelievable. Today's
action is welcome, and it has been a long time coming."
"The EPA's ruling could not have come at a more appropriate time for
the St. Johns River," said St. Johns Riverkeeper Neil Armingeon.
"Nutrient pollution has once again caused the appearance of the 'Green
Monster' and has made the river potentially unsafe for residents
and wildlife. This ruling paves the way for meaningful river
restoration."   
The EPA originally gave Florida a 2004 deadline to set limits for
nutrient pollution, which the state disregarded. The EPA was then
supposed to set limits itself, but failed to do so. Under the
administration of President George W. Bush, the EPA let the states off
the hook by allowing them to formulate plans without deadlines for
action.
The dire state of Florida's polluted waters made the delay unacceptable and dangerous, so the five groups sued.
"These numeric standards address an outstanding need we've had for
quite a while to protect our local coastal waterways such as the
Caloosahatchee River, Naples Bay and the Ten Thousand Islands,"  said
Andrew McElwaine, president of the Conservancy of Southwest Florida.
 "Setting a quantitative water quality standard for nitrogen, one of
the primary pollutants degrading our coastal waterways, should help
limit the development of harmful algal blooms. With a numeric standard
in place, we can definitively assess whether our waterways can support
healthy ecosystems, a healthy economy and protect public health and
safety."
Contact:David Guest, Earthjustice, (850) 228-3337Manley Fuller, Florida Wildlife Federation, (850) 656-7113; cell (850) 567-7129Andrew McElwaine, Conservancy of Southwest Florida, (239) 438-5472 Frank Jackalone, Sierra Club, (727) 824-8813, ext. 302; cell (727) 804-1317Neil Armingeon, St. Johns Riverkeeper, (904) 256-7591; cell (904) 635-4554 Ralf BrookesEmail: Ralf@RalfBrookesAttorney.com Website: www.RalfBrookesAttorney.com phone: (239) 910-5464
__._,_.___

 
EPA Agrees to Set Limits on Fertilizer and Animal Waste Pollution in Florida 
 
 

www.tampabay.com/news/environment/water/feds-agree-to-limit-nutrients-polluting-florida-waters/1029684Feds agree to limit nutrients polluting Florida watersBy Craig Pittman, Times Staff Writer Posted: August 21, 2009 - 12:04 PM CLEARWATER — Ten years after acknowledging the problem, the U.S. Environmental Protection Agency has agreed to limit how much nutrient pollution is allowed to foul Florida's waterways."Each and every neighborhood along the gulf coast is going to be affected positively by this," said Cris Costello of the Sierra Club, which joined four other environmental groups in suing the EPA over nutrient pollution problem last year.Nutrients such as phosphorous and nitrogen flow into rivers, creeks, springs, lakes and bays from fertilized lawns and golf courses as well as leaking septic tanks and malfunctioning sewer plants. In the past 30 years nutrient pollution has become the most common water pollution problem in the state. It can cause algae blooms that kill fish or even cause respiratory problems and infections among swimmers, boaters and beachgoers.State wetland destruction permits set no limit on how much nutrient pollution is allowed to flow off a development when it rains. And the state's own rules for how much is allowed to exist in Florida's waterways are written only as vague guidelines, not a more easily enforced numeric limit, said Colin Adams of Earthjustice, which pursued the suit against the EPA with the Florida Wildlife Federation, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida and the St. Johns Riverkeeper.The EPA, in a settlement signed Wednesday and unveiled Friday, has until Jan. 14 to propose the new pollution limit for Florida's lakes, rivers and creeks, and until October 2010 to finalize the rules. The agency then has until January 2011 to propose a similar limit for the state's coastal and estuarine waters, with a deadline of October 2011 to finalize those rules."It's unfortunate you have to sue the government to get it to do something," Adams said. But once the EPA sets the limits, he said, "We might actually get to see the bottom of our springs again."
 
 
Aug. 21, 2009
 
Contacts:
David Guest, Earthjustice, (850) 228-3337
Manley Fuller, Florida Wildlife Federation, (850) 656-7113; cell (850) 567-7129
Andrew McElwaine, Conservancy of Southwest Florida, (239) 438-5472
Frank Jackalone, Sierra Club, (727) 824-8813, ext. 302; cell (727) 804-1317
Neil Armingeon; St. Johns Riverkeeper, (904) 256-7591; cell (904) 635-4554
 
 
TALLAHASSEE – In a major step forward for the environment, President Barack Obama’s administration has signed a consent decree in which it agrees to set legal limits for the widespread nutrient poisoning that triggers harmful algae blooms in Florida waters.
 
“This is a refreshing change of policy after almost a decade of foot-dragging by the Bush administration,” said Earthjustice attorney Monica Reimer. “It is a real milestone in the struggle to safeguard lakes, rivers and estuaries throughout Florida.” 
 
“We look forward to working with the Florida Department of Environmental Protection and the U.S. Environmental Protection Agency in developing numeric criteria to keep our waters safe,” Earthjustice attorney David Guest said. 
 
The change in federal policy comes 13 months after five environmental groups filed a major lawsuit to compel the federal government to set strict limits on nutrient poisoning in public waters.
 
Nutrients like phosphorous and nitrogen poison Florida’s waters every time it rains; running off agricultural operations, fertilized landscapes, and septic systems. The poison runoff triggers algae outbreaks which foul Florida’s beaches, lakes, rivers, and springs more each year, threatening public health, closing swimming areas, and even shutting down a southwest Florida drinking water plant.
 
In a 2008 report, the Florida Department of Environmental Protection concluded that half of the state’s rivers and more than half of its lakes had poor water quality. The problem is compounded when nutrient-poisoned waters are used as drinking water sources. Disinfectants like chlorine and chloramine can react with the dissolved organic compounds, contaminating drinking water with harmful chemical byproducts.
 
Exposure to these blue-green algae toxins – when people drink the water, touch it, or inhale vapors from it - can cause rashes, skin and eye irritation, allergic reactions, gastrointestinal upset, serious illness, and even death.  In June 2008, a water treatment plant serving 30,000 Florida residents was shut down after a toxic blue-green algae bloom on the Caloosahatchee River threatened the plant’s water supply.
 
The public interest law firm Earthjustice filed the suit in the Northern District of Florida on behalf of the Florida Wildlife Federation, the Conservancy of Southwest Florida, the Environmental Confederation of Southwest Florida, St. John’s Riverkeeper, and the Sierra Club in July 2008.  The suit challenged an unacceptable decade-long delay by the state and federal governments in setting limits for nutrient pollution.  EPA’s agreement to set enforceable nutrient limits settles that lawsuit. The consent decree is available here.
 
Today’s action has nationwide implications. Currently, Florida and most other states have only vague limits regulating nutrient pollution. The U.S. EPA will now begin the process of imposing quantifiable – and enforceable -- water quality standards to tackle nutrient pollution.
 
“Floridians around the state will be breathing a sigh of relief with the EPA’s new commitment to finally take action,” said Manley Fuller, president of the Florida Wildlife Federation. “The delays on the part of the state and federal governments have been unbelievable. Today’s action is welcome, and it has been a long time coming.”
 
“The EPA's ruling could not have come at a more appropriate time for the St. Johns River,” said St. Johns Riverkeeper Neil Armingeon. “Nutrient pollution has once again caused the appearance of the ‘Green Monster’ and has made the river potentially unsafe for residents and wildlife. This ruling paves the way for meaningful river restoration.”   
 
The EPA originally gave Florida a 2004 deadline to set limits for nutrient pollution, which the state disregarded. The EPA was then supposed to set limits itself, but failed to do so. Under the administration of President George W. Bush, the EPA let the states off the hook by allowing them to formulate plans without deadlines for action.
 
The dire state of Florida’s polluted waters made the delay unacceptable and dangerous, so the five groups sued.
 
“These numeric standards address an outstanding need we’ve had for quite a while to protect our local coastal waterways such as the Caloosahatchee River, Naples Bay and the Ten Thousand Islands,”   said Andrew McElwaine, president of the Conservancy of Southwest Florida.  “Setting a quantitative water quality standard for nitrogen, one of the primary pollutants degrading our coastal waterways, should help limit the development of harmful algal blooms. With a numeric standard in place, we can definitively assess whether our waterways can support healthy ecosystems, a healthy economy and protect public health and safety.”
 
Florida’s current narrative standard says: “In no case shall nutrient concentrations of a body of water be altered so as to cause an imbalance in natural populations of aquatic flora and fauna.”
 
Clearly, nutrient poisoning is altering water bodies all over Florida. As Earthjustice noted in a letter it sent to the EPA:
 
“Potentially toxigenic cyanobacteria have been found statewide, including river and stream systems such as the St. Johns River in the Northeast Region and the Caloosahatchee River in the Southwest Region.  In the Southeast Region, toxin levels in the St. Lucie River and estuary during an algae bloom in 2005 were 300 times above suggested drinking water limits and 60 times above suggested recreational limits. Warning signs had to be posted by local health authorities warning visitors and residents not to come into contact with the water.  Lake Okeechobee, which is categorized under state regulations as a drinking water source, is now subject to almost year-round blue-green algae blooms as a result of nutrient pollution.” 
 
The St. Johns River is currently under a health advisory due to a toxigenic blue green algae bloom.  In 2005, a similar bloom shut down all boat traffic on the river.
 
Tampa Bay has suffered an outbreak this year of Pyrodinium bahamense  and Takayama tuberculata has sullied waters around San Marco Island.
 
Nutrient pollution also fuels the explosive growth of invasive water plants like hydrilla, which now clogs countless springs, rivers and lakes. 
 
“The Sierra Club is encouraged by the Obama Administration’s strong involvement in addressing nutrient pollution in Florida and we hope that our state agencies will follow with similarly strong actions on this issue,” said Frank Jackalone, Florida Staff Director of the Sierra Club.