For Immediate Release

February 21, 2018

FDEP Withdraws Rule That Would Have Allowed More Toxic Chemicals in Florida’s Waters 

JACKSONVILLE, FL — The Florida Department of Environmental Protection (FDEP) recently withdrew a dangerous state rule that would have allowed increased levels of toxic chemicals in Florida’s surface waters. Miami Waterkeeper and St. Johns Riverkeeper, represented by Earthjustice, have been campaigning against this rule since it was proposed in 2016.

“This is a major victory for all Floridians and our wildlife. This process was plagued with problems that would have exposed more Floridians to toxic chemicals in surface waters,” says Rachel Silverstein, Executive Director and Waterkeeper of Miami Waterkeeper. “We are thrilled that the DEP has finally reconsidered the risks and will reexamine its science.”

This rule, proposed by FDEP, was rushed through the Environmental Regulation Commission (ERC), despite having vacant seats that Governor Scott had failed to fill for representatives from the environmental community and local government.

The rule used a controversial method to calculate cancer risk that differed from the U.S. Environmental Protection Agency (EPA) recommended model and the one utilized by every other state in the nation. This resulted in toxic exposure limits that were higher than EPA recommendations for most of the chemicals examined. In short, DEP accepted the likelihood that more Florida citizens might develop cancer with these new exposure limits, using a carcinogenic “chemical risk calculation” that is 10 times (or sometimes 100 times) higher than the current rule allows for some individuals.

Because chemicals accumulate in fish or shellfish, people who eat Florida-caught seafood even just once a week would have increased their cancer risk by orders of magnitude. Subsistence fishers, who eat Florida caught fish daily, like many tribal communities, are the most at risk.

Aside from increasing our cancer risk, this rule would have also hurt the market for Florida seafood, deterring the public from choosing “Fresh from Florida” shellfish and fish.

“Florida’s economy relies so heavily on clean water. This rule would have resulted in a direct hit to the commercial and recreational fishing industry, tourism, and public health. You have to ask who would have benefited from this rule. It certainly wasn’t me, my children, or my fellow Floridians,” said Lisa Rinaman, St. Johns Riverkeeper.

Miami Waterkeeper, the St. Johns Riverkeeper, and Earthjustice have been working with experts to evaluate FDEP’s faulty science and have submitted technical comments to the EPA. The groups also mounted a petition and letter-writing campaign, met with EPA officials, and rallied local municipalities to oppose the rule. Over 11 municipalities passed resolutions opposing the rule.

In 2016, the City of Miami joined the Seminole Tribe in a legal challenge to the rule. After initial setbacks, the City of Miami and the Seminole Tribe won their appeal at the 3rd District Court of Appeals, permitting them to have an administrative hearing on the merits of the rule scheduled for this April. Miami-Dade County also recently decided to join the fight against the rule and intervene in the administrative proceedings.

With mounting opposition and an administrative hearing looming on the horizon, FDEP formally withdrew the rule as proposed and reinitiated rulemaking. In preparation for a revised version of rule, the FDEP “intends to conduct a state-wide fish consumption survey to accurately determine the amount and types of fish commonly eaten by Floridians” before promulgation.

“It’s time for the state to go back to the drawing board and use the best science to protect Floridians from toxic chemicals in our water,” said Tania Galloni, Managing Attorney for the Florida Office of Earthjustice. “We need safeguards so that polluters don’t wreck our fishing and recreation industries.”

Click here for more information about this controversial rule.