EPA Develops Florida Nutrient Criteria, But Delays Action on West Virginia's

US EPA is imposing nutrient criteria in Florida, according to this press release:

WASHINGTON – The U.S. Environmental Protection Agency (EPA) is proposing water quality standards to protect people’s health, aquatic life and the long term recreational uses of Florida’s waters, which are a critical part of the state’s economy. In 2009, EPA entered into a consent decree with the Florida Wildlife Federation to propose limits to this pollution. The proposed action, released for public comment and developed in collaboration with the state, would set a series of numeric limits on the amount of phosphorus and nitrogen, also known as “nutrients,” that would be allowed in Florida’s lakes, rivers, streams, springs and canals.

At the same time, EPA is telling West Virginia that it is still studying the nutrient criteria that West Virginia has developed for lakes in Section 8.3 of 47 CSR 2, West Virginia's water quality standards. In its September 8, 2009 letter to the DEP, EPA approved most aspects of the state's water quality standard changes, but not the nutrient criteria, citing a need for more study.

I'm in no hurry to see nutrient criteria adopted by the state, but EPA has told the states that they must do so, and it's coming. Ordinarily, EPA does scientific studies that determine what levels of a chemical are safe, and what levels can affect human health and the environment. States can then adopt those levels as water quality criteria, or justify some different criteria. In the case of nutrients, though, EPA threw criteria development onto the shoulders of the state, without the resources they need to do that. Without sufficient guidance from EPA, it's unsurprising that states are unable to guess what nutrient criteria will earn EPA's approval.