EPA water rule stalls, but avoids more delays from Senate

[Patricia M. McBride]

The two senators' efforts to further extend the postponement are thwarted.

Posted: September 30, 2010 - 12:00am

A clean-water rule opposed by many Florida businesses and utilities was delayed for 30 days Wednesday, but survived a bid by Florida's two senators to stall it longer.

The U.S. Environmental Protection Agency wants to set new limits on amounts of algae-feeding nitrogen and phosphorus allowed in many Florida lakes and rivers, including part of the St. Johns.

EPA was scheduled to adopt the rule Oct. 15 but said Wednesday it was pushing back its decision so its staff had more time to review 22,000 letters and comments.

The agency said final action would happen Nov. 14.

By afternoon, Sen. George LeMieux, R-Fla., announced he had drafted legislation to keep EPA from spending any money to finalize or enforce the rule. Sen. Bill Nelson, D-Fla., agreed to cosponsor it, his press secretary said.

LeMieux circulated a statement that EPA's rule "will hurt Florida's families. It will cost our state billions of dollars, thousands of jobs, and drive up water bills."

LeMieux proposed his measure as an amendment to a budget bill temporarily financing diplomatic and foreign affairs programs while Congress works on budgets for the fiscal year that starts Friday.

The amendment was stopped by the objection of Sen. Daniel Inouye, D-Hawaii, who chairs the Appropriations Committee. Had it passed, LeMieux's measure would have expired Dec. 3, said Ken Lundberg, the senator's spokesman.

A statement from Nelson said more time was needed to double-check the costs and scientific basis for the new rules.

"I support new water standards," it read, "but many Florida residents, municipalities, businesses and farmers have expressed concern about the potential cost of these standards and the validity of the science."

An activist who pushed EPA for new clean-water standards said months of concerns about algae and foam in Northeast Florida show new pollution controls are needed.

"I would suggest to Sen. LeMieux that he might actually come down and take a look at the St. Johns River before he does whatever the polluters tell him," St. Johns Riverkeeper Neil Armingeon said. "We're not backing down."

Armingeon's group was one of several that sued EPA, leading eventually to a settlement agreement that spelled out deadlines for federal regulations on nitrogen and phosphorus in Florida waters.

He said the plaintiffs talked by phone this week and agreed to accept EPA's 30-day delay because they wanted comments from the public properly considered.

A series of business groups, utilities, labor organizations and others have ridiculed EPA's rules, partly because they would apply only in Florida. Opponents said meeting the new clean-water rules could costs billions of dollars and put Florida companies at a disadvantage competing against businesses elsewhere.

EPA previously delayed rules affecting saltier estuarine sections of rivers until 2012 - along with some freshwater areas in South Florida - leaving the first round of rules focused on areas further inland.

Armingeon said argument about EPA's research for the rules weren't well grounded.

"We are totally confident that the science behind this will hold up," he said, "and fully expect polluters to continue to do whatever they can to prevent this action from moving forward."

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link: http://jacksonville.com/news/metro/2010-09-30/story/epa-water-rule-...