Florida earns D+ for Water Protection

Today the Gulf Restoration Network released its “Clean Up Your Act!” report card that grades the Gulf of Mexico states on the degree to which they integrate the “letter and spirit of the Clean Water Act into state clean water regulations.” (see: http://tinyurl.com/neunr6)

Data collection for the report card began in November 2007 and was completed by July 2009. States were graded on four broad categories: water quality standards, public health protection, phosphorus and nitrogen pollution, and public participation.

In a phone conference today corresponding with the report’s release (see press release), representatives from Florida Sierra Club, PEER (Public Employees for Environmental Responsibility) and the Gulf Restoration Network made it clear that Florida should lose no time pursuing an A in each category.

They stressed that this project just assessed the presence and quality of the laws on the books; not enforcement, so there was no excuse to score less than an A on any measure.

So what are the barriers? We appear to be our own worst enemies. Florida’s dismal score was primarily related to its six-year delay in setting numeric criteria for nitrogen and phosphorus levels for lakes and streams; in response to legal challenge, Florida will have these criteria one way or other by end of 2009. (See Bruce Ritchie’s analysis.)

So why the delay? The presenters on today’s call said there is plenty of blame to spread around. It is no surprise that agricultural and industrial interests lobby against stricter controls on nutrient or pollutant load. In the case of fertilizer production, especially Florida phosphorus, there is no doubt that stricter guidelines will effect business. More surprising was the suggestion that senior officials at FL DEP have undermined the state’s Total Maximum Daily Load program due to reluctance to reveal past lack of oversight, risk bad publicity that could impact tourism, and unwillingness to tell agriculture and industry they need to clean up their practices.

Another interesting distinction brought to light: It turns out that Florida has not identified any of its waters for Outstanding Natural Resource Waters designation. This is the EPA’s strongest level of protection, allowing no more pollution, period. Florida’s Outstanding Waters Program pales in comparison, with loopholes, county outs, and exceptions which still allow for degradation.

Our state’s failure to take steps to promote clean water impacts tourism, public health, as well as natural ecosystems. Examples include red tide, algae bloom in springs and rivers, dead zones in the gulf, and closed beaches due to bacteria levels.

So what can citizens do? Share this report, and let your elected official know you expect a higher grade. Locally, insist on strong fertilizer ordinances, especially during rainy season. The state regulations signed by the Governor this year offer inadequate protection. Ensure that water management records become accessible to the public on-line, and participate in citizen water monitoring. Shed light on the subject.