A.G. Gancarski
In July, the Florida Environmental Regulatory Commission fast-tracked a decision to weaken water quality standards, allowing more benzene and other wastewater chemicals to be released in Florida waterways.
In October, a Jacksonville City Council committee (Public Health and Safety) approved unanimously a resolution to express opposition and urge reconsideration of the recommendations sent to the federal Environmental Protection Agency.
In doing so, a majority Republican council committee pushed back against a state policy that was formulated in a hurry and without meaningful input from Jacksonville, urging the EPA to solicit public comment in this region, because the state did not.
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Bill sponsor Jim Love, a Republican, objected to “different chemicals that can be put into surface water,” and Jacksonville not having a chance to express its will.
“This is a resolution asking EPA to take a second look … and to give us an opportunity to weigh in,” the councilman said.
Indeed, many of the increases are startling, including of carcinogenic chemicals.
Aldrin levels can have an 83 percent increase. Phthalates: 82 percent. The Benzo class, with four chemicals, can see a 91 percent increase in permissible levels.
Beyond the seeming health risks, council members also had questions about the process.
Councilman Bill Gulliford noted two empty seats on FERC, with the decision made by just five members to change water standards.
“That eliminates a certain due process [consideration]. I’m going to support it … maybe the governor won’t be too happy with me but I’ve got a few things I’m not happy with him about,” Gulliford said.
Tom Frick of the Florida Department of Environmental Protection came up to the stand, noting the EPA recommended a “range of values” to the states and the “vast majority” of state guidelines align with the federal.
Love pushed the conversation to the EPA “recommended level” on 67 chemicals; Frick insisted the EPA recommended a “range,” but said FDEP would confirm with the EPA.
Lisa Rinaman of the St. Johns Riverkeeper noted the EPA allows it to be the “state’s decision” to elevate potential risk levels.
Love also noted that the local Environmental Protection Board voted 8 to 1 in favor of this resolution to “ask the EPA to look at the methodology and give Jacksonville some input.”
Indeed, a letter signed by EPB noted rules on the state level were “fast-tracked,” as they were originally supposed to be enacted in fall 2016.
Councilman Tommy Hazouri would like to see other cities take up this resolution, and advised that the Duval legislative delegation may take this matter up in the upcoming session.
Councilwoman Joyce Morgan said the resolution “sends a message” that Jacksonville wants to “vet the situation” relative to water quality.
Councilman Gulliford noted FERC has cancelled more meetings than it held this year, and that the water quality guidelines passed via 3-to-2 vote, with a vacant chair for local government representation on the board, struck him as questionable.
Gulliford lit the match. Hazouri poured gasoline on the fire, saying Florida is “regressing,” in terms of environmental issues.
“All cities” should say “enough is enough,” said Hazouri.
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Discussion continued. Love noted that, of the two no votes on the FERC, one was by a scientist and the other by a university professor.
“We shouldn’t have carcinogens going up,” Love said. “We ought to have a stopgap for carcinogens going in the river.”
Rinaman called the rule a “moving target,” exemplified by the FDEP changing its presentation from one meeting to the next.
The problem was exacerbated by a limited period for public comment (three downstate workshops in 28 days), and the omission of stakeholders from the committee, with one seat vacant for a year.
Meanwhile, the “lay citizen” seat on the board is occupied by Craig Varn, former special counsel for FDEP on water quality and legal affairs, and a registered lobbyist for Alico and Nestle Water.
Varn joined the board one month after leaving the special counsel role.
“It’s been a failure of timing, a lack of representation, and all this bill is doing is asking for more due process,” Rinaman said.
Sen. Bill Nelson, said Rinaman, has already written a letter to the EPA in the spirit of this resolution.
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The bill will be considered by the Rules committee on Tuesday afternoon.
