Florida passes controversial new water toxins rule

A governor-appointed panel on Tuesday approved new, controversial criteria that some fear will let polluters dump too many toxic chemicals into rivers and lakes used for drinking water.

By a 3-2 vote, the Environmental Regulation Commission signed off on the new water quality standards for more than 100 toxic chemicals, including benzene, a cancer-causing petroleum byproduct used in hydraulic fracking, during its regular meeting in Tallahassee. The new criteria now go to the U.S. Environmental Protection Agency for approval.

"We have not updated these parameters since 1992, it is more good than harm," ERC Commissioner Cari Roth, a Tallahassee lawyer who's ERC seat represents developers, said just before the vote. "To me it would be far worse to delay."

The parameters would impact the types of chemicals released during hydraulic fracking, oil and gas drilling, by sewer plants, paper and pulp plants, dry cleaning businesses and other industries. Those chemicals can wind up in the water we drink and the shrimp, fish and other seafood we eat.

Solving disinfection byproducts led to unintended consequences

The proposed rules sets "stringent and protective criteria for 39 chemicals that currently have no limits," DEP asserts on its website. "In addition, this rule includes updates for 43 chemicals whose standards are more than 20 years old."

DEP's criteria would be stricter than the Environmental Protection Agency's guidelines for cyanide, beryllium and several other chemicals in drinking water supplies. But most of the proposed state criteria would be weaker than EPA's guidelines, conservationists say.

Commissioners Sarah S. Walton, a Pensacola attorney, and Craig D. Varn, a former general counsel for DEP, also voted for the new criteria.

The two dissenting votes came from commissioner Joe Joyce, of Gainesville, who represents the agriculture industry, and Adam R. Gelber, a Miami environmental consultant who occupies the science and technical seat on ERC.

Gelber questioned the methodology that prompted a recent revision that lowered the new limits for benzene. "What was it in the science that drove that change?" Gelber asked. "How would others change?"

Varn called the new criteria  net positive.

"For me, either I'm going to accept the modelling as good, or reject it," Varn said. "Is it perfect, no, but does it err on the side of human health."

Clean water advocates say the rules would weaken state water quality criteria for some 120 human health-based toxic chemicals, significantly increasing how much cancer-causing chemicals industry can dump in Florida rivers, lakes and estuaries. But the Florida Department of Environmental Protection insists it is not lowering standards but using more robust risk models and more Florida-specific data than the EPA.

Algae not toxic in beachside canal; red tide in South Florida

Conservation groups worry the state will allow levels higher than EPA guidelines for compounds such as polychlorinated biphenyls (PCBs), once widely used in plastics, caulking, transformers, capacitors and other electrical equipment. Production of  PCBs was banned in 1979, and EPA calls them "probable human carcinogens." Childhood exposure to PCBs has been linked with reduced IQ and impaired growth and motor skills.

For benzene, the new criteria would loosen the limit from 2 micrograms per liter from 1.18 micrograms per liter.

Drew Bartlett, a DEP administrator, said the benzene criteria are the result of EPA guidelines and updated science, not to ease the way for fracking.

"We don't see a connection between this rule and fracking," Bartlett said to groans from the audience.

One compound on the list that would see stricter criteria is a common chlorinated solvent called trichloroethylene, or "trike." The compound and its breakdown products are known to cause birth defects and cancer.

DEP is considering tightening its criteria from 2.7 to 1.3 parts per billion for "trike" in waters classified as sources of drinking water, and from 80.7 to 15 parts per million for waters classified for swimming and other recreation.

US auditors find problems at Canaveral National Seashore

Florida’s current standards were last updated in 1992. Under the federal Clean Water Act, states must periodically review standards and make changes as needed.

Last year, EPA issued recommendations for standards based on more recent science.

DEP’s proposed criteria take into account differences in "how, and how much Floridians eat seafood, drink, shower and swim," the agency says. They set the limits necessary to protect against health effects, DEP officials said.

Since 2012, DEP has held about a dozen public workshops about the changes throughout the state.

Take precautions to prevent deadly bacteria infection

But conservationists worry the public's voice hasn't been represented, because two of the seven seats are vacant on the Environmental Regulation Commission. One of the empty seats is designated to represent local governments and the other seat represents the environmental community.

The other ERC seats represent agriculture, development, a science and  technical representative, and two seats are laypersons.

"We are sitting around here negotiating how many poisons are we going to allow in our our bodies put there by our own hands. Is this common sense?" said Jim Tatum, of Our Santa Fe River, a nonprofit group.

David Kearns, of Palm Bay, a candidate for Florida House District 53, said DEP is overly influenced by industry.

"There is an appalling lack of trust in DEP science," Kearns said, "and it's well earned."

Wakulla County Commissioner Howard Kessler said Florida should do better.

"Why not strive to have the cleanest, purest water possible rather than trying to find out how much toxins and pollutants we can put in our waters (before causing harm)?" said Kessler, an  orthopedic surgeon. "Why not stop using our waters as sewers?"

Contact Waymer at 321-242-3663 or jwaymer@floridatoday.com Follow him on Twitter@JWayEnviro and at facebook.com/jim.waymer

EPA's human health criteria 2015 guideline: epa.gov/wqc/human-health-water-quality-criteria