Environmental groups recently filed a lawsuit against the Environmental Protection Agency for stalling the adoption of rules establishing new and revised water quality criteria in Florida.
The state’s current water quality criteria required by the Clean Water Act is “woefully outdated,” because it relies on an average fish consumption rate last updated in 1992, according to the complaint filed by Waterkeepers Florida and the Environmental Defense Alliance. The CWA requires states to review their water quality standards at least once every three years.
Currently, Florida’s fish consumption rate (FCR) is 6.5 grams per day. Meanwhile, the EPA’s national default FCR is 22 grams/day. (There’s a significantly higher “subsistence” rate of about 142 grams/day for tribes that rely on fishing.)
“As Florida has acknowledged, its existing HHC (or human health criteria) are based on an FCR that is far lower than national, regional or state-specific studies suggest Floridians consume,” according to the EPA in 2022. Back then, the EPA told the Florida Department of Environmental Protection the state needed new and revised human health criteria to “protect against adverse human health effects related to pollutants in Florida’s surface waters.”
Florida data show “more of these pollutants are likely present in state waters than originally understood in 1992,” according to the EPA.
'Priority toxic pollutants'
The state had a chance to finalize its own new criteria, but failed to do so before the EPA again stepped in nearly two years ago, proposing a rule to establish new and revised human health criteria for certain pollutants in Florida. Specifically, the EPA proposed new and revised criteria for 73 “priority toxic pollutants” to protect Florida waters for fishing and swimming.
Thirty-six of those 73 pollutants have old, existing criteria in place. But “Florida does not have criteria for 37 pollutants that are likely to be in its waters,” according to the EPA.
Two of those pollutants without any criteria are benzene and vinyl chloride, both chemicals linked to higher cancer risk.
“Florida does not have criteria for 37 pollutants that are likely to be in its waters.”Environmental Protection Agency, 2023
“Floridians deserve protection from toxic chemicals being allowed into our waterways,” said Lisa Rinaman of St. Johns Riverkeeper, a member of Waterkeepers Florida.
Rinaman said it’s not just a health issue, but an economic one, too. “It impacts all Floridians, as well as all of our guests that drive our tourism industry.”
Visit Florida calls the state the world’s “Fishing Capital,” saying more world records for fish catches are set in Florida compared to anywhere else. Many Floridians depend on fish and seafood from their daily catches to feed their families, Rinaman said.
“Right now, it's our hope that we can move very quickly and protect all Floridians who feed their families from the bounty of our waterways or make their living off our waterways,” Rinaman said.
Blocking new EPA rules
Based on previous conversations with EPA staff, the agency’s proposed rules setting new and revised human health criteria in Florida were expected to be in place by early this year, according to Waterkeepers Florida Chair Jen Lomberk. But the agency didn’t finish necessary internal reviews of the rules and related public comments before President Donald Trump took office.
Now, an executive order issued by Trump the day he took office is blocking finalization of the rules, according to plaintiffs. That executive order blocks federal agencies from proposing or issuing any rule, unless it’s approved by an agency head appointed by Trump.
The EPA doesn’t comment on current or pending litigation, according to an agency spokesperson.
The Florida Department of Health has more information available about fish consumption advisories, including a search tool to find the most current fish advisories in your area.
