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U.S. Environmental Protection Agency agrees to delay federal pollution rules

Florida Current – February 17, 2012

The U. S. Environmental Protection Agency on Friday agreed to delay the implementing federal pollution limits in Florida, a day after Gov. Rick Scott signed legislation backing proposed state water quality rules.

The EPA has said specific limits on nitrogen and phosphorus are needed in Florida to reduce toxic red tide along beaches and to restore waterways choked with weeds and algae. But utilities, agriculture and industry groups oppose the federal limits as too expensive and difficult to meet.

Scott on Thursday signed HB 7051, which waives legislative ratification for proposed state rules to replace the federal numeric nutrient criteria. The Florida Department of Environmental Protection says the proposed state rules are more flexible and will be less expensive to comply with.

A coalition of environmental groups has challenged the proposed state rules, saying they are weak and unenforceable. A two-week hearing on the challenge is scheduled to begin on Feb. 27.

Those groups also objected to the EPA proposal in December to extend the effective date for the federal rules from March 6 until June 4. EPA Administrator Lisa Jackson on Friday agreed to extend the effective date until July 6.

“Obviously we believe the EPA needs to leave its rules in places and these should go forward,” Allison Coe, an attorney for the Earthjustice law firm representing the environmental groups, said in response to the EPA action. “The DEP rules are not protective and any delay would be to the detriment of the environment.”

EPA spokeswoman Davina Marraccini said the extension Friday was unrelated to the bill-signing on Thursday. She also said EPA prefers that Florida implement its own numeric nutrient criteria and the federal agency will withdraw the federal pollution limits if it approves the state rules.

“EPA commends Florida’s continued focus on reducing nitrogen and phosphorus pollution and believes the Florida Department of Environmental Protection’s rule reflects significant progress in protecting the state’s unique aquatic resources,” she said.

“EPA expects FDEP will soon submit its rule to EPA as a formal change to the state’s water quality standards,” she added. “EPA is committed to evaluating the entire rule expeditiously to determine whether it meets the requirements of the [federal] Clean Water Act.”

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