[Congressional Record Volume 156, Number 114 (Friday, July 30, 2010)]
[Extensions of Remarks]
[Pages E1519-E1520]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           EPA WATER QUALITY REGULATION ON FLORIDA'S ECONOMY

                                 ______
                                 

                          HON. ADAM H. PUTNAM

                               of florida

                    in the house of representatives

                         Friday, July 30, 2010

  Mr. PUTNAM. Madam Speaker, on October 15th, the EPA will finalize the 
first phase of an unprecedented statewide water quality regulation 
which will have significant impacts on Florida's economy. While these 
regulations only apply to Florida, it could have a regional impact if 
our State's taxpayers are held accountable for the quality of water 
flowing from neighboring States. My colleagues should take note of this 
as these regulations are likely to arrive in your States and districts 
soon without your input and without a debate on this floor.
  Last year, the Obama administration and the EPA entered into a 
legally binding agreement with environmental activists seeking to

[[Page E1520]]

impose stringent numeric nutrient criteria for water bodies in the 
State of Florida. It was lawyers in a courtroom and not scientists in a 
lab who set the standard and timeline on what will be a costly endeavor 
that has not been backed up by science.
  These regulations could not come at a worse time as they pose a 
significant threat to Florida's already weakened economy. A joint 
Florida Department of Agriculture and Consumer Services and University 
of Florida study indicates these regulations could cost Florida over 
14,500 jobs and $902 million to $1.6 billion annually, with additional 
indirect economic impacts to the State of over $1 billion annually.
  Even worse, there is significant debate in the environmental 
community as to whether these federal regulations will even benefit the 
environment. The comments expressed by the State and local agencies 
charged with protecting Florida's waters raise serious concerns about 
the methodology EPA used to develop these regulations. Our State 
Department of Environmental Protection says that ``compliance will 
force an investment of billions of dollars without environmental 
benefit.'' The scientists at DEP further claim that ``EPA proposed 
criteria do not reflect a true relationship between nutrient enrichment 
and the biological health of Florida's surface waters.''
  The South Florida Water Management District--the lead State agency 
charged with the restoration of the Everglades--calls the current 
proposed implementation timeline ``unrealistic'' and that the proposed 
methodology has real potential to disrupt Everglades restoration.
  It is also questionable as to whether the technology even exists for 
our local governments and private industries to meet the standards 
proposed by EPA. Even if it does, the costs imposed will flow to the 
consumer in the form of higher utility bills.
  But despite all the legitimate science based concerns, EPA marches 
forward bound by a consent decree they did not have to sign in the 
first place. When members of the Florida delegation met with EPA 
administrator Lisa Jackson, she promised to review the rigor of their 
science. The problem is, she did not have the flexibility in time to 
review their own science without getting permission from the ones who 
sued them. Will this be the EPA's standard business practice for water 
quality regulations in the future?
  When Congress passed the Clean Water Act, its intent was to create a 
collaborative approach with the Federal Government partnering with the 
States to clean our Nation's waters. It was not intended to promote a 
heavy handed Washington-knows-best agenda.
  Of course, Floridians want cleaner water--which is why our State has 
invested millions collecting data on the effects of nutrients. Over the 
past three decades, Floridians have successfully committed to 
substantial reductions in phosphorous levels through an EPA-approved 
Total Maximum Daily Load, TMDL, program. We are seeing the positive 
results of these programs in water bodies across the State.
  I was pleased to learn that EPA would submit the part of its proposed 
rule which would apply to estuaries, coastal waters, and flowing waters 
in South Florida to their internal Science Advisory Board. When EPA 
made this announcement in June, their own press release quoted the 
assistant administrator for EPA's Office of Water as saying:

       An independent scientific peer review by the SAB will 
     ensure that the best available science is our guide in 
     developing clean water standards for Florida's coast.

  Shouldn't the best available science be afforded to north and central 
Florida as well?
  Florida is one the most diverse States in terms of its aquatic 
ecosystems, from the rare coastal dune lakes in the panhandle to the 
mangroves, swamps, and spring-fed lakes and rivers throughout central 
Florida. An SAB review of only South Florida waters ignores this 
diversity in the rest of the State.
  I urge EPA to conduct a full SAB review of this proposed rule for all 
Florida waters and to modify its rulemaking in accordance with SAB's 
analysis so that Floridians can continue to enjoy clean water, 
protected by a standard that is achievable and supported by the best 
available science.

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