Sparks from a welding torch used by Daytona Beach city workers above a tank of methanol ignited vapors that exploded. The CSB found that the if the city had implemented hot work and hazardous communication (HAZCOM) programs conforming to Occupational Safety and Health Administration (OSHA) safety standards, “the hazards of using a torch in proximity to the methanol tank would likely have been identified and possibly prevented.” In Florida, OSHA safety and health protections apply to private employees, but not public employees, even though many such workers perform potentially hazardous work.

In a letter to Florida Governor Rick Scott, CSB Chairman Rafael Moure-Eraso noted that in recent years, proposed legislation to provide workplace protections for public workers had been strongly supported by a broad coalition of trade groups, businesses, and unions but failed to pass in 2009 and 2010. “Since no bill to secure health and safety protections for Florida’s public employees was introduced during the 2011 legislative sessions, the Board has concluded that neither you nor the State Legislature intend to take action to implement the CSB’s recommendations.”

Chairman Moure-Eraso urged state officials to take up the recommendation anew, saying in the letter to Governor Scott, “The Board maintains that implementation of these recommendations is necessary to secure the health and safety of Florida’s public employees. We therefore strongly encourage you and your colleagues in the state legislature to reconsider the CSB’s recommendations.”

Chairman Moure-Eraso said, “Florida’s inaction is unacceptable as it means public employees doing potentially hazardous work have inadequate workplace protections – which they would have if they were private-sector workers. The CSB has found that currently 27 states and jurisdictions operate safety and health programs for their public employees. There can be little doubt that these basic workplace standards help prevent accidents and save lives in those states.”

The CSB’s Bethune investigation found that in addition to the accident that occurred at the wastewater treatment plant in Daytona Beach, 33 other chemical-related incidents had occurred in Florida from 2003 to 2007. These incidents all involved chemicals that would be covered by the federal OSHA hazard communication regulations.

The CSB is an independent federal agency charged with investigating industrial chemical accidents. The agency’s board members are appointed by the president and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems.

The Board does not issue citations or fines but does make safety recommendations to plants, industry organizations, labor groups, and regulatory agencies such as OSHA and EPA. Visit our website, www.csb.gov.

For more information, contact Hillary Cohen 202.446.8094, Bridget Serchak 202.261.7610 or Sandy Gilmour, 202-261-7614, cell 202-251-5496.

“Florida is one of the few states that has a comprehensive program in place to address excess nutrients, and we continue to lead the nation in developing innovative tools to ensure the health of our state’s waterways,” said Governor Scott. “I look forward to working with the EPA to reach an agreement that will promote clean water standards in the way that makes the most sense for our state.”

On December 6, 2010 the United States Environmental Protection Agency (EPA) promulgated Numeric Nutrient Criteria for lakes, rivers and streams in Florida.

On March 16, 2011, the U.S. Environmental Protection Agency (EPA), Office of Water, released a memo titled, “Working in Partnership with States to Address Phosphorus and Nitrogen Pollution through Use of a Framework for State Nutrient Reductions”detailing eight elements for effective State programs to manage nitrogen and phosphorus pollution. The petition uses the eight elements in the memo to document the strength of Florida’s efforts to control nitrogen and phosphorus pollution.

If EPA rescinds their January 14, 2009 “determination” that numeric nutrient criteria are needed to implement the Clean Water Act in Florida, they would be expected to subsequently repeal their numeric nutrient criteria for lakes, rivers and streams in the State of Florida, and halt their nutrient rulemaking efforts for Florida. Florida would then be responsible for implementing its own nutrient reduction requirements.

Florida gets $100 million allocated to fund early restoration projects in our state. Alabama, Mississippi, Louisiana and Texas will receive the same amount.

The Federal Resource Trustees, National Oceanic Atmospheric Administration (NOAA) and Department of Interior (DOI) will each select and implement $100 million in projects and the remaining $300 million will be used for projects selected by NOAA and DOI from proposals submitted by State Trustees. In Florida, those trustees are DEP and the Florida Fish and Wildlife Conservation Commission (FWCC).

“While there is still much more to be done to hold BP and other responsibilities parties accountable for the damage done to our state, this marks an important first step in restoring our natural treasures to pre-spill status,” Governor Scott said.

The agreement does not affect the ultimate liability of BP or others, and Governor Scott will continue to negotiate to ensure our state is treated fairly.

“Floridians may think that to protect the environment they must make drastic changes to their everyday routines, but this is just not true,” said Governor Charlie Crist. “Protecting the environment can be as easy as recycling plastic bags, buying energy-efficient products or using available alternative energy sources.”

“Earth Day is a perfect day to launch Easy As One,” added Secretary Sole. “Education is a vital component of environmental protection, and by engaging everyone in Earth Day activities and highlighting the efforts of both business and government, we hope to spread awareness of the simple ways we can all protect the environment for future generations.”

“Easy As One – Ordinary Actions, Extraordinary Results” is an environmental awareness campaign by the Florida Department of Environmental Protection (DEP) that highlights easy actions citizens can take to make sustainable practices part of daily life. DEP calls on citizens to adopt green practices that protect Florida’s air and water quality, conserve water and reduce waste. Governor Crist noted that a sustainable Florida depends on the collective efforts of citizens, groups, businesses, industry and government. Part of today’s Earth Day celebration also included a plastic bag recycling contest between students and adults. Students who brought at least 22 plastic bags were rewarded with a free one-day pass to any Florida state park. More than 5,000 bags were collected.

As part of the Easy As One campaign, the Governor highlighted two new environmental awareness programs launched by DEP in partnership with Lamar Advertising, the Florida Retail Federation, the Florida Recycling Partnership, Recycle Florida Today and the American Chemistry Council. Recently, Lamar Advertising was awarded a $2.5 million grant from the Florida Energy and Climate Commission to install more than 1,300 solar and wind-powered billboards in Florida. Each billboard system is expected to generate enough power to offset the power it consumes. Lamar has launched a Web site, www.renewableflorida.org, to educate consumers on similar alternative energy uses.

In addition, Hilex, the Florida Retail Federation and the American Chemistry Council touted the A Bag’s Life campaign, promoting the reducing, reusing and recycling of plastic bags. The Web site, www.abagslife.com, offers recycling information by zip code and ideas on how to reuse plastic bags conscientiously.

For more information on environmental protection in Florida, visit www.dep.state.fl.us. For information on “Easy As One – Ordinary Actions, Extraordinary Results” visit www.dep.state.fl.us/EasyAsOne.

“The Florida Everglades is a place known throughout the world for its abundant wildlife, and it is also essential to the water supply of the people of Florida,” Governor Crist said. “I have made Everglades restoration and the conservation of Florida’s natural resources a high priority so that future generations can experience the Florida we love.”

Also joining Governor Crist for the tour were Florida Department of Environmental Protection Secretary Michael W. Sole and Thomas Strickland, United States Interior Assistant Secretary for Fish and Wildlife and Parks.

“I am grateful to Senator Nelson, Secretary Salazar and Assistant Secretary Strickland for taking the time to explore America’s Everglades, and to meet with the stakeholders whose support is crucial to the restoration of this one-of-a-kind ecosystem,” said Secretary Sole. “It is especially important right now, to renew our commitment and cooperation to the federal/state partnership, and reaffirm our dedication to completing the projects needed to restore the River of Grass.”

During the tour, Governor Crist encouraged Secretary Salazar to enlist federal support for Everglades restoration and a resolution to the tri-state water controversy. Specifically, Governor Crist requested the following items:

Partnership to Preserve the River of Grass

Governor Crist acknowledged President Obama’s request for $279 million for Everglades restoration funding in the federal Fiscal Year 2010 budget and requested that the partnership continue. He also asked that the Department of the Interior review the expectations and long-term goals of Everglades restoration.

Preserving Florida’s Waterways

Governor Crist also called on Secretary Salazar to address the tri-state water controversy over the management of the reservoirs on the Apalachicola, Chattahoochee and Flint river systems. He emphasized that the impacts of drought on the three-river basin are not limited to Georgia. The drought and resulting flow reductions also threaten the very existence for some 1,300 families of third and fourth-generation oystermen and the economy of the Apalachicola community. Florida’s Apalachicola River and Bay is the most productive contained commercial fishery in Florida.

“This is a tri-state problem which requires a tri-state solution, and it is imperative that we work toward a long-term solution, or else we will find ourselves facing a crisis every year,” Governor Crist said. “Florida recognizes that a solution must include an equitable sharing of adversity.”

Governor Crist encouraged the Department of the Interior to engage in meaningful and independent participation as Florida, Georgia and Alabama explore equitable sharing of water resources. He also requested that the Department of the Interior conduct a comprehensive review of the cumulative downstream effects that have occurred to threatened and endangered species, as well as the environment. The review would quantify the impacts associated with the federal government’s management of the system.

About the Apalachicola-Chattahoochee-Flint River Basin

In December 2007, Governor Crist met with Georgia Governor Sonny Perdue and Alabama Governor Bob Riley at the Governor’s Mansion in Tallahassee to discuss water conservation and a revised schedule of water flow. Since then, the Governors have continued to discuss the steps needed to move toward a new drought protocol for all three states, along with participation from the United States Department of the Interior, the U.S. Army Corps of Engineers and the U.S. Fish & Wildlife Service.

The total commercial fishing industry in the Apalachicola Bay is responsible for $134 million in direct economic output and an additional $71 million in indirect value-added impacts. The region produces 90 percent of Florida’s oyster supply, 10 percent of the nation’s oysters, and the state’s third-largest shrimp harvest.

About Everglades Restoration

Florida’s Everglades restoration efforts are truly historic. To date, Florida has invested more than $2.4 billion in the 30-year, $10.9 billion Comprehensive Everglades Restoration Plan, the 50/50 state and federal partnership to restore and protect the Everglades. During the two tightest budget years in Florida history, $50 million has been dedicated for Everglades restoration in both 2008 and 2009 to continue the state’s partnership with the federal government. The Governing Board of the South Florida Water Management District recently agreed to invest approximately $530 million for 72,500 acres of property south of Lake Okeechobee. The district will have an option to purchase another 107,500 acres for restoration within 10 years after closing.

In 2007, Governor Crist worked to expand the Lake Okeechobee Protection Act to safeguard the entire northern Everglades system, including the Lake Okeechobee watershed as well as the Caloosahatchee and St. Lucie rivers and estuaries. He has worked to protect and improve the quality, quantity, timing and distribution of water north of Lake Okeechobee. Additionally, the continuation of the Florida Forever program is a key component to securing the future of the Everglades.

“Today I am proud to sign legislation that will benefit consumers and businesses while increasing Florida’s reputation as a national leader in environmental stewardship,” said Governor Crist. “This rebate program will help Floridians buy appliances at discount rates, lower utility costs and benefit Florida businesses by stimulating sales of energy-efficient appliances.”

House Bill 167 enables the Florida Energy and Climate Commission (FECC) to develop and manage the Energy-efficient Appliance Rebate Program, a consumer rebate program for residential energy-efficient appliances. The FECC will adopt guidelines, consistent with federal regulations, designating eligible appliances, rebate amounts and the process for issuing rebates.

The FECC estimates Florida will be eligible to receive at least $18 million in federal funds to implement the rebate program. The Florida Legislature also allocated appropriated $150,000 for Fiscal Year 2009-10 to the FECC for the purpose of administering the rebate program.

Assuming average rebates of 20 percent, based on median consumer costs, Floridians can expect to save the following amounts on energy-efficient appliances:

$290 on refrigerators.
$200 on clothes washers.
$200 on freezers.
$200 on dishwashers.
$65 on room air conditioners.
$40 on humidifiers.

Prior to the bill signing, Governor Crist visited the new Orlando corporate headquarters of Darden Restaurants Inc., where he praised the company for their efforts to achieve Leadership in Energy and Environmental Design (LEED) certification. According to Darden, their new corporate headquarters consists of a three-story restaurant support center of approximately 450,000 square feet, which will be capable of supporting more than 1,500 corporate employees. The support center includes a 30,000-square-foot culinary development center; a 25,000-square-foot training center; an onsite dining facility; a fitness and wellness center; a company store and bank branch, along with a 17,000-square-foot data center.

Darden plans to implement green components for its new headquarters, including reused water for irrigation; a highly reflective roof system; high efficiency HVAC chillers; and an open workspace plan to maximize use of natural light. According to Trammell Crow Company, the company constructing Darden’s new headquarters, the facility will be the largest office building constructed in Orlando in the last decade.

Restaurants owned and operated by Darden Restaurants Inc. include well known chains such as Red Lobster, Olive Garden and LongHorn Steakhouse. With more than 200 restaurants and corporate headquarters in Florida, Darden Restaurants Inc. employs more than 20,000 people. Ten of Darden’s 70 new restaurants opened this fiscal year are located in Florida.

The Energy-efficient Appliance Rebate Program builds on Governor Crist’s past energy and climate change initiatives. In 2007, Governor Crist signed three executive orders to reduce Florida’s greenhouse gas emissions, increase energy efficiency, and remove market barriers for renewable energy technologies such as solar and wind energy. In 2008, he signed the 2008 Energy and Economic Development Legislation, aimed at reducing greenhouse gas emissions, increasing energy efficiency and encouraging investment in alternative and renewable energy technologies. Among its requirements, this comprehensive, bipartisan legislation authorizes the development of a cap-and-trade regulatory program; creates a renewable fuel standard; and creates the Florida Energy & Climate Commission as a central office for state energy and climate change programs and policies.

For more information on Florida’s energy and climate change initiatives, please visit www.MyFloridaClimate.com .

“The rescue and successful release of Patsy the Manatee is a credit to all of the hard-working organizations and volunteers involved in protecting Florida’s environment and wildlife year-round,” Governor Crist. “Today’s release is just another example of their dedication and commitment to saving the Florida manatee, one of Florida’s natural treasures.”

FWC biologists and volunteers from the Dolphin Research Center rescued Patsy on April 29, 2009, after discovering her flipper had become severely entangled in monofilament fishing line. Patsy was taken to the Miami Seaquarium where she was successfully treated.

During her treatment and rehabilitation, veterinarians determined Patsy was pregnant and likely to give birth this summer. The veterinarians cleared her for release so she can continue to heal on her own and deliver her calf in the wild. The United States Geological Survey will monitor Patsy with a Global Positioning System (GPS) tag as part of an ongoing study.
“The release of this manatee is a success story. Although it is not clear if human negligence was the cause of the entanglement, we strongly encourage anglers to properly dispose of fishing line,” said Rodney Barreto, FWC chairman. “It’s up to all of us to do our part to ensure the survival of manatees and other native species.”

Monofilament fishing line can cause serious injury or death for a variety of Florida wildlife. Florida’s Monofilament Recovery and Recycling Program is a statewide effort to educate the public about the problems caused by monofilament line left in the environment. The program encourages recycling through a network of line recycling bins and drop-off locations and conducts volunteer fishing line cleanup events. For more information, visit www.fishinglinerecycling.org.

A rare opportunity exists to create a Water Management Facility, while concurrently donating wetlands, and forested uplands, all at minimal or no cost to the public. This project will provide South Florida Water Management District (SFWMD) with a largely completed water treatment and transfer hub/reservoir and adjacent wetland filter marsh storm water treatment area (STA) as a land donation.

Under this proposal, Lake Point would forego its permitted plans for an equestrian/residential development, and instead provide the majority of the groundwork for the facility prior to donating it to the District. Despite the land cost being in excess of $53 million, this proposal is made possible by the owner’s potential ability to offset its costs by excavating and selling the shallow limestone rock deposits at the site, which, could be used for various infrastructure and commercial projects including rebuilding the Herbert Hoover Dike (“HHD”), the proposed lining of the nearby C-44 canal, and construction of the C-44 reservoir.

Public-private partnerships involve a collaboration of governments and private investors working toward the common goal of completing quality public works projects in a timely manner. This concept of a public-private partnership, where all parties are receiving benefits from the partnership, is a stellar example of how local governments will reach their environmental and economic conservation goals in the future.

“This partnership with Lake Point has set a precedent for future dealings with local governments around the state,” said Lake Point land owner, Jud Laird. “This project proves that partnership is possible, and we can achieve our conservation goals with these kinds of partnerships. In the future, concessions to landowners by local governments should be matched with these kind of partnerships that give back environmentally and financially to their communities. ”

When completed, the property, which is strategically located with connections to the C-44 canal, L-8 Canal and Lake Okeechobee, will contain a complex of reservoirs and storm water treatment areas. County records indicate the Lake Point Project will also reduce the amount of fresh water discharged from Lake Okeechobee into the St. Lucie River.

Susan Valliere, Martin County Commission chairwoman praised the project at the meeting saying, “It is a fabulous project. It beats 20-acre ranchettes any day in my opinion.”

Martin County Commissioner Patrick Hayes, who has been active in St. Lucie River issues for years, said at the Tuesday meeting that the project was an “extraordinary opportunity,” and complimented the benefits it can provide to the St. Lucie River.

According to records, the storm water treatment areas are expected to remove 2.6 to 7.7 metric tons of phosphorous per year from the C-44 Basin.

An additional benefit to Martin County will be a 150 acre recreation area near the Okeechobee Waterway. “This project truly enhances local restoration goals and is a great demonstration of the value of public-private partnerships.” Laird said. It will set a new standard for Counties across Florida urging landowners to give back to their communities.”

LAKE POINT RESERVOIR AND STORMWATER TREATMENT AREA PLAN
620 acres – Stormwater management reservoir
300 acres – Stormwater management reservoir
225 acres – Stormwater treatment area, Cell 1
240 acres – Stormwater treatment area, Cell 2
135 acres – Stormwater treatment area, Cell 3
150 acres – County recreation area
114 acres – Created wetlands
To be determined – Preserved wetlands

Benefits Overview
* Provides ability to cleanse and convey water (in various directions) between Lake Okeechobee, C-44 canal and L-8 waterway via 3 existing (permitted) pumps
* Property is currently agricultural. Existing 100+/- acres of wetlands will be preserved, protected and added to under this plan.
* Creates 1,000 acres of water treatment transfer hub and water quality facility
* Costs are minimal to the South Florida Water Management District
* Gifted land, with 85 percent of the earthwork completed upon delivery
* The Owners cost in the land will be in excess of $53 million
* Provides approximately 800 acres of preserved or created wetlands, mostly in the form of stormwater treatment area v Donates 150 adjacent acres of upland preserve, “rare and unique” to Martin County
* Proposes only 20 foot excavation depth as opposed to 60-80 foot depths in other areas of the state.
* Reduces air and noise pollution, and wear and tear on infrastructure, by creating local construction aggregate for necessary public work projects and environmental restoration efforts and Okeechobee levee rehab.
* Replaces 40 permitted, potentially 100 ranchette sites with a reservoir/stormwater treatment area designed in cooperation with the District.
* Expands an existing and permitted excavation operation for ‘certain mining activities already permitted rather than creating a new project in a less suitable location and with potentially adverse impacts
* Creates local jobs and stimulates local economy. Many of the current employees live within 35 miles of the site.

Information: Stacey Hetherington, of Whitaker Communications, for Okeechobee Land D, Inc., +1-772-263-0025.

“By taking this fiscally conservative approach, we can secure this once-in-a-lifetime opportunity to restore and revive the Everglades despite continued economic challenges,” said Governor Crist. “The proposal represents a balance for both the environment and the economy by allowing us to acquire hundreds of square miles of prime property in affordable steps.”

The proposed terms, which are subject to financing and approval by both the South Florida Water Management District Governing Board and the United States Sugar Corporation Board of Directors, would allow the district to fulfill the Governor’s vision to acquire huge parcels of agricultural land for Everglades restoration by purchasing 112 square miles of property immediately, with an option to purchase the remaining acreage when economic and financial conditions improve.

Under the proposal, the district would initially invest approximately $530 million for 72,500 acres of property south of Lake Okeechobee – a land mass nearly twice the size of Orlando. Approximately 32,000 acres of that land, currently in citrus production, would be available to the district within a year after closing. The United States Sugar Corporation would lease back the other approximately 40,500 acres of sugar cane land for $150 per acre per year for at least seven years. The district would have an option to purchase the remaining 107,500 acres of United States Sugar Corporation property for restoration within the first 10 years after closing.

Highlights of the proposed acquisition terms include:

· Reducing the immediate public investment by 60 percent, or $800 million, in addition to reducing annual debt service payments by an estimated $65 million.

· Tripling the land lease rate to $150 an acre per year to generate a minimum of $40 million in revenue and avoid at least $11 million in land management costs.

· Potentially freeing up revenue over the coming years for “shovel-ready” restoration projects that could create jobs and deliver environmental benefits to the Everglades Protection Area and Florida’s coastal estuaries.

· Sustaining regional agriculture.

· Keeping 1,700 direct jobs intact and protecting 10,000 indirect jobs for at least another decade with the continued operation of the United States Sugar Corporation’s mill and refinery.

“Restoring Florida’s Everglades depends on acquiring the land needed to clean and protect water flowing through the ecosystem,” said Manley Fuller, president of the Florida Wildlife Federation. “The purchase of this land is a milestone for all who cherish the Everglades and its unique habitat for endangered species.”

Governor Crist was joined for the announcement by Lt. Governor Jeff Kottkamp, Secretary Mike Sole of the Florida Department of Environmental Protection as well as environmental leaders: Charles Pattison, 1000 Friends of Florida; Thom Rumberger, Everglades Trust & Foundation; Janet Bowman, The Nature Conservancy; Eric Draper, Audubon of Florida; and Curt Kiser, Florida Wildlife Federation.

On June 24, 2008, Governor Crist announced that the South Florida Water Management District would begin negotiations with the United States Sugar Corporation to acquire vast tracts of land south of Lake Okeechobee for Everglades restoration. After extensive deliberation, due diligence and public input, the district’s Governing Board voted to accept a proposal to acquire more than 180,000 acres of agricultural land for $1.34 billion.

In light of changing economic conditions, the district’s Governing Board added a clause to the contract to allow for the review of the most current financial conditions – including interest rates and revenue streams – before closing to verify the district’s capacity to finance the purchase and accomplish its existing statutory and legal obligations. Since December, revenue projections have changed dramatically with economic forecasts indicating continued financial uncertainty over the coming months.

“Because of the state’s strong commitment to this monumental vision for restoration, we are optimistic that this acquisition can be achieved under terms that are better matched to South Florida’s current fiscal climate,” said Florida Department of Environmental Protection Secretary Michael Sole. “With the Governor’s support, the parties have explored alternatives that allow for the acquisition of strategic and desirable lands but under a schedule that reduces the taxpayers’ investment today; makes revenue available sooner for the realization of restoration projects and preserves jobs.”

The details of the revised acquisition terms are still under discussion. The final proposed terms will be reviewed and considered by the South Florida Water Management District Governing Board at its public meetings.

Environmental goals of the acquisition include:

· Increasing the availability of water storage, significantly reducing the potential for harmful discharges from Lake Okeechobee to the St. Lucie and Caloosahatchee rivers and estuaries when lake levels are high.

· Delivering cleaner water to the Everglades during dry times and greater water storage to protect the natural system during wet years.

· Preventing tons of phosphorus from entering the Everglades every year.

· Significantly reducing the need for “back-pumping” water into Lake Okeechobee from the Everglades Agricultural Area.

· Relieving some pressures on the Herbert Hoover Dike while the federal government undertakes repairs by providing alternative water storage alternatives.

· Improved flexibility in managing Lake Okeechobee levels in a more environmentally friendly way.

For more information about the acquisition, visit www.sfwmd.gov/riverofgrass.

About the South Florida Water Management District — Celebrating 60 Years (1949-2009)

The South Florida Water Management District is a regional, governmental agency that oversees the water resources in the southern half of the state – 16 counties from Orlando to the Keys. It is the oldest and largest of the state’s five water management districts. The agency mission is to manage and protect water resources of the region by balancing and improving water quality, flood control, natural systems and water supply. A key initiative is cleanup and restoration of the Everglades.