For the first time in history, the EPA is proposing special water quality standards specific to only one state—Florida. The announcement came last week in the form of a series of limits on phosphorus and nitrogen for Florida waters that are different from the rest of the U.S. The nutrients targeted come from fertilizer and wastewater used primarily in Florida’s agricultural industry. The proposed action also seeks comment on a new regulatory process for setting standards to drive water quality improvements in already impaired waters. These “restoration standards” would be specific to nutrients in Florida.
Opponents of the action argue that, in essence, the proposal will place a Federal water tax on only Floridians. Some estimate that compliance with these regulations could cost tens of billions of dollars, and compliance in some cases will prove to be technically impossible. Given the uncertainty surrounding the costs associated with this proposed action, it is difficult to predict the resulting impact on Florida’s economy.
Public hearings are planned for February 16, 17 and 18 in Tallahassee, Orlando and West Palm Beach, during which the EPA will listen to public comments regarding these proposed regulations. For more information, please contact Ted R. Brown () and Allison E. Turnbull () in Baker Hostetler’s Orlando office.
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