Opinion: Florida’s Battle Over Water Quality Standards Dips Deeper

Our state’s agriculture commissioner Adam Putnam calls water one of the defining issues of our time. Its quality and quantity will continue to have a major impact on how we farm in the state. One only has to look at the years-long battle between the state and EPA over its proposed numeric nutrient criteria (NNC). The battle started in 2009 when EPA signed a court settlement with environmental groups who had sued over nitrogen and phosphorous levels in Florida waterways.

The settlement set off a long and contentious debate about what the proper NNC should be set at and the costs of implementing new rules when finally settled upon. There has been some positive news in that EPA relented enough to allow the Florida Department of Environmental Protection (FDEP) to submit a state version of its own NNC for consideration. This criteria was unanimously approved by the state Environmental Regulatory Commission. The state rules are said to be more reasonable in costs and based on science when compared to EPA’s blanket approach.

While EPA allowing the state to propose its own NNC for consideration is good news, the fight over water is long from over, and like it or not, agriculture will be in the middle of the battle.

Earthjustice, an environmental law firm behind the EPA’s NNC lawsuit, promises to continue the battle. It recently pointed to a National Academy of Sciences study that blames EPA for “underestimating” the problem of contamination in lakes and streams in Florida. The group’s leader David Guest has dismissed agriculture’s and other municipal and business groups’ opposition to the NNC as scare tactics. Earthjustice immediately challenged FDEP’s proposed standards.

“The polluters have been exaggerating and trying to scare the public so that they won’t have to clean up their mess,” says Guest. “Face it. It’s a lot cheaper for them to keep using our public waters as their private sewers — and that’s what’s been happening for years.”

That quote doesn’t sound like it is coming from someone ready to give up the fight on his side of the issue. And, consider that more than 17,000 people have written to the White House during February, supporting the EPA’s version of NNC limits. The White House letters came in response to a grassroots call to action from several environmental groups.

So, as good of a job as ag groups and other interests did in educating the public and lobbying lawmakers on the pitfalls of following EPA’s standards, we’ll still have to work together to face future challenges. The folks on the other side are very well organized, and in many cases have allies in the media ready to trumpet their message.

When you look at how this NNC debate has played out and the continuing rhetoric over water, I believe Commissioner Putnam is quite right in suggesting this is a defining issue. And, he is right when he says we can’t just keep doing things the way we always have when it comes to water. There is simply not enough supply to meet the growing demand for water. The good news is growers will have the opportunity to be on the solutions side of the issue by finding ways to conserve and create alternative water supply sources.