Monday, October 27, 2008

Urgent public meeting at DEP's office regarding cancellation of WCEC hearing

The Palm Beach County Environmental Coalition is calling for an urgent public meeting at DEP's office in West Palm Beach, 400 N. Congress, in place of the WCEC Site Certification Hearing in Wellington that was canceled. We are hoping that the officially recognized parties still have this date and time marked on their calendar. And we are also hopeful that DEP will welcome and accommodate this effort taking place in their regional office.

For those not directly involved, we apologize that the notice is so short, but feel the circumstances are extreme. We hope that some agencies, municipal and county staff, organizations and individuals can join, or send representatives, this Monday so that the meeting can be as productive as possible.

The issues here--the health of the communities in south Florida, the protection of the Everglades and its inhabitants, the reality of climate change and the importance of due process--are too important to public safety and the environment to not immediately address the detrimental cancellation of the October 27 hearing, and the implications of that, with the public involved.

Primary issues we intend to address with WCEC unit 3 application are the following:

-The failure to assess cumulative and secondary impacts of approving WCEC in a segmented manner, as suggested by Fish and Wildlife Commission (FWC) biologists in federal court this month

-The overuse of regional fresh water, including treated regional re-use water

-The industrial pollution of underground water sources

-The refusal to clean up the Riviera Beach FPL plant without approval WCEC unit 3

-The increased reliance on fossil fuel and the refusal to pursue available renewable options as suggested by the Treasaure Coast Regional Planning Council

-The failure to recognize ongoing legal obstacles with the required Gulfstream Phase III pipeline, such as the unresolved FWC mitigation land swap in the J.W, Corbett and a pending appeal of the Environmental Resources Permit.

-The denial of oversight from Governor's Cabinet, as the Power Plant Siting Board


We have further explained our case, with related documents, in the links below. For those unfamiliar and in need of background, please review them:

http://www.doah.state.fl.us/internet/search/docket.cfm?CaseNo=07-005574


http://pbcec.blogspot.com/2008/10/dep-reinstate-oct-27-administrative.html


Also, please extend this invitation to all those from the public who are concerned with or in some way involved with the permitting and operating of fossil fuel power plants. FPL representatives are intentionally not invited, as we feel they have had more than enough say over this process. Although clearly we cannot deny them access to this public office. If they choose to attend, we ask that they come to listen.

Panagioti Tsolkas
co-chair, PBCEC

Friday, October 24, 2008

COMMENTS NEEDED BY NOVEMBER 3 TO STOP GENETIC ENGINEERING OF PAPAYA IN FLORIDA!

This Action Alert is a cooperative effort of the STOP GE Trees Campaign and its affiiliated groups: http://www.nogetrees.org.


Help stop the commercial planting of genetically engineered (GE) papayas in Florida and the mainland US -- the first major cultivated GE tree on the US mainland.

The US Department of Agriculture is accepting public comments between now and November 3, 2008 on a petition that would allow commercial growing and marketing of the first genetically engineered (GE) papaya trees on mainland US soil. If approved, this would remove all regulatory oversight of this GE variety by USDA of a virus-resistant papaya tree known as the Ring Spot Virus Resistant Papaya.

This petition has implications for all other GE tree species, as the USDA and the industry want to gauge what the public's reaction will be. It is critical that all concerned about the threat of GE foods and GE trees respond to this USDA petition. Several hundred field trials of GE trees have been conducted already, many for forest trees, such as poplar, loblolly pine, and sweetgum, that grow on millions of acres in natural environments across the US.

The USDA admits that this GE papaya will contaminate both organic and conventional non-genetically engineered papaya groves if it is approved. Since all commercial papaya trees are cultivars that are relatively cross compatible within the same species, Carica papaya, contamination via GE papaya pollen carried by wind, bees and other insects will infiltrate the papaya groves of organic and conventional growers. The proposed buffer zones between GE papaya and other papayas will not prevent genetic contamination from being spread by pollinating insects.

Approval of this GE papaya tree also further opens the door to the commercialization of GE varieties of other tropical and subtropical tree species. In Hawaii, a previously approved virus resistant papaya has caused extensive contamination of organic, conventional and wild papaya groves on most of the Hawaiian Islands in just a few years. This contamination has spread far more quickly than the USDA predicted in its initial assessment. Once native and cultivated papaya varieties are contaminated with transgenic pollen and the resulting seeds are planted, there is no calling it back.

[Sample comments to submit below. Please add any additional comments of your own.]

1. Go to http://www.regulations.gov/fdmspublic/component/main?main=DocumentDetail&o=09000064806cf607.
2. Double click on Docket - APHIS-2008-0054 - at the top of the page.
3. Double click on small yellowish box directly below "ADD COMMENTS" in the right hand column.
4. Enter public commenter information. You may add attachments to document your concerns.
5. Double click on NEXT STEP under ACTION at page bottom to enter your comments into Docket.

The following comments are in reference to Docket No. APHIS-2008-0054. I oppose the deregulation of genetically engineered papaya trees for the following reasons:

1. Genetic contamination is a serious and growing threat. Flowers and seeds in organic and conventional papaya groves will become contaminated with GE papaya genes via pollen transported by bees and other insects that travel many miles in search of pollen. The result is that organic and conventional papaya growers will lose their markets for non-GE papayas as DNA testing confirms the contamination, as it already has with GE papayas in Hawaii. An organic tree might remain organic itself, but the pollen, honey and seeds will be contaminated, and trees planted from the GE papaya seeds will bear contaminated fruit.

2. The approval of perennial GE papaya trees would be a dangerous precedent setting step by USDA, opening the floodgates for more GE trees including fruit, nut, ornamental, and paper-pulp and timber species, as well as trees engineered for soil remediation, and other traits. Approximately 80 species and varieties of trees are currently undergoing gene splicing research and development for commercial use. Many of these are native species vital to ecosystems in much of the US.

3. There are serious and mounting concerns about a broad range of health effects associated with consumption of GE crops, GE pollen, and GE-produced honey. For example, consumers may suffer allergic reactions due to unexpected toxins in GE foods. The GE papaya pollen may produce unintended effects such as allergic reactions in sensitive individuals and the USDA has not properly evaluated the potential for allergic reactions. The USDA has also failed to consider the potential for allergens or other novel substances in the GE papayas, GE papaya pollen, or GE papaya-produced honey to interfere with pharmaceuticals being used by consumers.

4. The papaya fruit, seeds, latex, and leaves contain carpaine, an anthelmintic alkaloid that could be dangerous in high doses to the heart (it affects myocardium directly) and the circulatory system. Carpaine is one of the major alkaloid components of papayas, and has been studied for its cardiovascular effects. The USDA has not fully evaluated the health effects of alkaloids such as carpaine and related alkaloids on consumers eating GE papaya, pollen, honey or fruit juices and foods containing GE papaya ingredients. The USDA has not fully studied whether the GE papaya trees produce a different alkaloid chemistry or overall phytochemistry compared to organic, conventional or wild papayas. Other papaya alkaloids and phytochemicals have not been adequately studied for their human health effects. This despite widespread evidence that the genetic engineering of plants can alter expression of genetic traits apparently unrelated to the intentionally inserted trait.

5. There are serious and mounting concerns about the genetic stability of the artificial gene combinations and the artificially inserted genes used in GE papaya trees. The USDA claims that the papaya ring spot viral resistance gene and other inserted genes are sufficiently genetically stable, but the testing has only been performed for approximately ten years and not the entire, decades-long pollen-producing life span of a papaya tree. Over the long life of a papaya tree, an RNA virus such as papaya ring spot virus is susceptible to many cycles of recombination, leading to the creation of new plant viruses that could infect a wide variety of plants. This can also occur with the viral DNA that has been inserted into these papayas.

6. The deregulatory petition completely ignores potential effects on bees and other pollinator species. Today honey bee colony collapse disorder known as CCD is a serious and growing problem for apiaries and bee-pollinated crops including in Florida where the GE papaya trees will be grown. Although unintended effects are common in GE crops (and are part of regulatory human health assessments), there is extremely little assessment of possible environmental impacts from unintended effects. There are no studies that would allow us to evaluate the potential hazards of GE tree pollen or GE papaya tree pollen for a variety of insects, or for consumers of honey. We also do not know how animals and insects that browse on papaya leaves might be affected.

7. The USDA's environmental assessment admits that the GE papaya readily hybridizes within its species Carica papaya. Thus, there may be a significant potential for gene flow into native perennial papaya varieties. GE papaya trees will be long lived, and capable of contaminating orchards and native papaya tree populations for several decades. One GE papaya tree will be able to produce thousands of GE seeds and extensive quantities of pollen, and will be capable of spreading fertile GE papaya seeds and pollen into the environment for many years. The petition did not adequately evaluate the relative fitness of GE papaya varieties as compared to native papayas; it is possible that the GE varieties would become more successful in natural settings, and out-compete non-GE varieties, as they have in parts of Hawaii. We challenge the USDA's spurious claim that contamination would be positive by reducing potential reservoirs for harboring the papaya ring spot virus in the wild; this claim is not supported by any data.

8. There has been no short-term or long-term safety testing or feeding trials for toxicity or other adverse effects of the construct of eight genes inserted into the GE papaya trees. GE papayas have not been tested on animals, birds or humans for safety. Toxicity tests are necessary since unintended genetic effects are known to occur with gene splicing. USDA has ignored the need for scientific studies of gene splicing and for comprehensive studies of the environmental consequences of GE plantings since the USDA has not adequately consulted with the Food and Drug Administration or the U.S. Environmental Protection Agency for their regulatory input.

Thursday, October 23, 2008

DEP cancels public hearing scheduled for October 27 in Wellington; refuses citizen input on the expansion of debated FPL West County Energy Center

Environmental and community activists request public meeting at local DEP office, demand a voice in the process

For immediate release 10/24/08

Contacts: Barry Silver (561) 302-1818
Panagioti Tsolkas (561) 588-9666

West Palm Beach, FL- A public hearing on the certification of Unit 3 of FPL's West County Energy Center (WCEC) was originally announced for 1pm at the Wellington Community Center in front of an Administrative Law Judge. It has since been cancelled under the direction of the Florida Department of Environmental Protection, who oversees the power plant siting process. In place of the hearing, the Palm Beach County Environmental Coalition (PBCEC), which has contested the WCEC for 2 years, has requested a public meeting 1pm at the regional DEP office in West Palm Beach at 400 North Congress. All are invited to join in making this request to have their concerns heard.

"We are outraged with DEP's acquiescence to FPL throughout the process of approving this project. This is the largest fossil fuel power plant in the country, and it is being built 1000 feet from the functional headwaters of the remaining Everglades." Says PBCEC co-chair Panagioti Tsolkas. "For the DEP to claim that there are 'no outstanding issues' is completely absurd."

The PBCEC contends that there are several disputed issues relevant to the certification of WCEC unit 3 including further fossil fuel dependency in violation of Treasure Coast Regional Planning Council policy. Other concerns include the ignored input from Fish and Wildlife Commission biologists regarding cumulative and secondary impacts, the injection of a new source of industrial wastewater into the aquifer, and failure to sufficiently address greenhouse gas pollution and climate change impacts. The group is preparing a comprehensive proposal for an alternative to the WCEC site certification, including units 1 and 2, which are all facing a challenge in federal court scheduled for early next year.

The PBCEC entered several supporting documents into DOAH records regarding their concerns. These are available on-line, along with a response from FPL, at:
http://www.doah.state.fl.us/internet/search/docket.cfm?CaseNo=07-005574

Several PBCEC concerns were also included in a recent letter to DEP Secretary Mike Sole and Governor Crist's office, which can be viewed at:
http://pbcec.blogspot.com/2008/10/dep-reinstate-oct-27-administrative.html


xxx

DEP: Reinstate Oct 27 Administrative Hearing for FPL's WCEC Site Certification

To Mike Halpin, Mike Sole, and all others whom it concerns,

Canceling this hearing and refusing to send this issue to the Governor's Cabinet, which sits as the Power Plant Siting Board, is not a wise idea. There are undoubtedly outstanding issues with the West County Energy Center unit 3. You know that the public has been participating in the permitting process for this project as a whole since its beginning, for all 3 units, at practically every level possible. How could you, in clear conscience, push to deny the public access to participate in this publicly-noticed hearing?

You know that there are facts in dispute, as your agency has been central in these disputes. Below are some examples of this, most of which you should know by now:

The wastewater injection should be a part of the Site Certification and that an administrative petition was filed on Oct 6 2008 regarding a significant permit modification for WCEC unit 3.

FWC biologists testified in a Federal court proceeding, also Oct 6 2008, that they presented concerns regarding the cumulative impacts associated with the WCEC, which were ignored by both FWC and DEP in the power plant siting process.

Treasure Coast Regional Planning Council did NOT approve this project, presenting serious concerns and policy violations regarding the expansion of fossil fuel dependency, impacts to the Everglades and unrealized potential of renewable energy options, most of which were ignored.

There are multiple state and federal legal proceedings pending which address other concerns related to this Site Certification, related to wildlife, air and water quality, cumulative and secondary impacts, climate change, and criminal racketeering, to name a few.

This is the largest fossil fuel burning power plant under construction in the entire country and the first power plant in the state to use aquifer injection for it's industrial wastewater (into the same underground limestone system that much regional drinking water now comes from), it is 1000 feet from the northern public entrance of Everglades' functional headwaters--the Loxahatchee National Wildlife Refuge.

The first two units will cause 6.5 billion gallons a year of water sucked from the ground water, lowering the water table and resulting in increased pine-tree die-off, wildfires, and impact to depressional wetlands in the region; if the third unit comes on line, it will be depriving the urban eastern corridor access to its regional re-use water and increasing the chances of upward migration of injected wastewater (due to differences in freshwater buoyancy).

The air emissions also presents a new source of pollution in the Everglades ecosystem through 'wet deposition', which has not yet been assessed.

The physical presence of the facility and its infrastructure will lessen the quality of and access to recreation in the Northeast Everglades restoration plans, including the Northeast Everglades Natural Area's Corbett--Loxahatchee Connector trail and the Loxahatchee Basin Reservoirs...

This is simply skimming the surface. None of these issues should be surprises to you. Nonetheless, they have not been taken into full consideration.

Whether it is through willful ignorance of agency staff, the applicant applying political pressure or a combination resulting in malfeasance, DEP's role with this power plant project appears to be a negligence which poses a threat to the public at large.

But it is not too late to abate many of these risks. I believe here are alternative possibilities that may be amenable to most, if not all, parties.

Seeing that the Monday hearing will not be reinstated, i invite you to meet with us on Monday the 27 at the regional DEP office in West Palm Beach to discuss some of these matters, and ensure that they are taken into consideration in the Final Order the Department is to issue. Hopefully other participating agencies will also be willing and able to join us, since we all had this day marked in our calendars anyway (please feel free to pass along this invite.)

Thanks for your attention and interest.
Look forward to seeing you Monday.

panagioti tsolkas

For background on this hearing, visit the Division of Administrative Hearings (DOAH) site: http://www.doah.state.fl.us/internet/search/docket.cfm?CaseNo=07-005574

Sunday, October 19, 2008

Endorsement of Drew Martin for the Palm Beach Soil & Water Conservation District, Seat 2

Palm Beach County Environmental Coalition
¨Fighting for healthy ecosystems, open space and quality of life in Palm Beach County¨
www.pbcec.blogspot.com pbcenvirocoalition@gmail.com

October 17, 2008


The Oath of Office for this elected position states: “I will, to the best of my ability, defend from waste the natural resources of the District, its soils and minerals…its forest…its water and wildlife.”

The Palm Beach County Environmental Coalition can think of no better candidate for the position than Drew Martin. Martin is a tireless community activist, involved with the most effective environmental organizations in the region. He is one of the longest standing consistent participants in our Environmental Coalition, as well as the Conservation Chair of the Loxahatchee Sierra Club and a former Co-Chair of the Everglades Coalition. He has used his various positions in these organizations and his involvement in groups across Florida towards networking and strengthening grassroots efforts for an uncompromising conservation of our vital natural resources.

We would be proud to have him representing us in Seat 2 of the Palm Beach Soil & Water Conservation District, Seat 2.

For those unfamiliar with the SWCD, more information about this position can be found online at: http://www.floridaagwaterpolicy.com/PDF/Fswcd/Fswcd_Handbook_Final.pdf


Barry Silver, Esq Co-Chair of the Palm Beach County Environmental Coalition
s/Barry Silver

Panagioti Tsolkas, Co-Chair of the Palm Beach County Environmental Coalition
s/panagioti tsolkas