Military use of Kulani nixed

Last Thursday,  DMZ-Hawai’i / Aloha ‘Aina and allies testified at the Hawai’i State Board of Land and Natural Resources meeting against the transfer of the former Kulani prison land to the Hawaii National Guard for a Youth ChalleNGe Academy (YCA) and military training.

Testimony was overwhelmingly against the militarization of Kulani.

We scored two wins that day and had one setback.

First, the board approved protection for 6600 acres of pristine rain forest with the Natural Areas Reserve System designation, the highest level of protection for the environment.

Second, we  stopped the proposed military training in the 600 acre Kulani site.

The setback: the board still approved 600 acres of the Kulani site to be transferred to the Hawaii National Guard to establish a military school. There was no community participation in determining the best and highest use for the area.  Three people requested a contested case hearing.  Senator Kokubun also said he opposed the closing of Kulani prison and was going to seek legislative remedies to either reopen the prison or reject the set aside of the land to the military.

The state erroneously stated that there were no other users for the land.  But there are numerous programs that could utilize the facility and complement the conservation of the surrounding forest area in the culturally appropriate way.  For example ‘Ohana Ho’opakele has requested to use areas in Kulani for a pu’uhonua ( a cultural-based healing center for substance abusers as an alternative to incarceration).  Also, Native Hawaiian charter schools could align their curriculum with conservation efforts at a site in Kulani.  But these options were precluded when the governor unilaterally decided to close Kulani prison and hand the land over to the military.

The Youth ChalleNGe project would be required to obtain a conditional use permit for using conservation land and an environmental review under the National Environmental Policy Act, since it is federally funded.

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http://www.hawaiitribune-herald.com/articles/2010/09/11/local_news/local01.txt

Military use of Kulani nixed

by Jason Armstrong
Tribune-Herald Staff Writer
Published: Saturday, September 11, 2010 7:38 AM HST

State panel approves youth camp but not National Guard training

Military training should be prohibited on the former Kulani prison property, but a quasi-military program for at-risk teens and an expanded conservation area allowed.

Those are the recommendations the state Board of Land and Natural Resources made at its meeting Thursday in Honolulu.

The Hawaii Department of Defense had sought approval to operate a pistol range, conduct explosives and building-entry training, and perform helicopter evacuations involving up to 170 soldiers at one time. Those activities were to occur on approximately 600 acres of the old Kulani Correctional Facility site located about 20 miles south of Hilo.

The land board, however, amended the request to -explicitly prohibit military uses and training, said secretary Adaline Cummings.

READ MORE

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In another Hawaii Tribune Herald article, State Representative Faye Hanohano shares her opposition to the closing of Kulani prison and transfer to the military:

A retired corrections officer, Hanohano heads the House Public Safety Committee. Her bill to audit the Department of Public Safety — emphasizing the closure of Kulani correctional facility and the state’s contracts that send local inmates to privately-run mainland facilities — was vetoed by Gov. Lingle. That spurred the majority leadership of both the House and Senate to send a letter to Legislative Auditor Marion Higa directing her audit DPS, anyway.

“The closing of Kulani should never have happened, with the military trying to take it over under the guise of the Youth ChalleNGe program,” she said. “… Now, you look at the (Tribune-Herald), you see a story that they want to do a training base center. That’s really unacceptable, because the military has lands that they’ve leased from the state, and at Pohakuloa.”

The state Land Board on Thursday denied the National Guard’s proposal for military training at Kulani by a 6-1 vote.

Army invited to PUBLIC community forum on Depleted Uranium Monday Aug. 30th in Keaau

Aug 14, 2010

Press Release:

Army invited to PUBLIC community forum on Depleted Uranium Monday Aug. 30th in Keaau

further contact: Jim Albertini 966-7622 ja@interpac.net

Below is a copy of a letter of invitation mailed today to Pohakuloa Commander Lt. Col. Rolland C. Niles from Malu ‘Aina.

Email versions were sent to Celso Tadeo at Pohakuloa (celso.tadeo@us.army.mil) and Mike Egami, Army Public Affairs officer on Oahu (Mike.Egami@us.army.mil) with a request that the invitation be extended up the chain of command to Col. Douglas S. Mulbury. Commander, US Army Garrison – Hawaii. The Aug. 30th DU forum will go on whether or not the Army accepts Malu ‘Aina’s invitation to participate. “The Army promised transparency. We’re still waiting,” said Jim Albertini.

Malu ‘Aina Center for Non-violent Education & Action

P.O. Box AB Ola’a (Kurtistown), Hawai`i 96760

Phone 808-966-7622 email ja@interpac.net

Visit us on the web at www.malu-aina.org

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August 14, 2010

Lieutenant Colonel Rolland C. Niles

Commander, US Army Garrison – Pohakuloa

P.O. Box 4607

Hilo, Hawaii 96720-0607

Dear Lieutenant Colonel Niles:

Aloha and welcome to our Island home.

We invite the Army to participate in a BALANCED PUBLIC FORUM on Deleted Uranium Health Risk Assessment. Monday, Aug. 30th from 7-9PM at the Keaau Community Center. The Army is invited to start the evening off with a 30 minute presentation followed by a 30 minute presentation from community representatives. Public testimony and Moderated Q & A will follow. The event is free and THE PUBLIC IS INVITED.

Please R.S.V.P. by August 23 to our organization which is the sponsor of the event. Contact information is listed below.

We are aware that the Army has scheduled a presentation on the Depleted Uranium Health Risk Assessment for PTA to be held Tuesday, Aug. 31st at 2PM at Pohakuloa Training Area.

We object that this presentation is:

1. “By invitation only”

2. Not balanced with community representatives being given equal time

3. Held at PTA instead of in the community (preferably forums in Hilo, Kona, Waimea and Na’alehu). The winds, dust devils, and vehicles that travel through Pohakuloa travel around this island. Everyone on this island is potentially at risk from military radiation contamination at Pohakuloa.

We appeal to you to come out of your bunker, your “Green Zone” on Hawaii Island, and meet and treat the people of this island with respect. Democracy is not by invitation only. Furthermore, it is we civilians who are paying for the military budget, including your salaries.

Mahalo for your consideration.

Jim Albertini

President

Jim Albertini

Malu ‘Aina Center for Non-violent Education & Action

P.O.Box AB

Kurtistown, Hawai’i 96760

phone: 808-966-7622

email: JA@interpac.net

Visit us on the web at: www.malu-aina.org

"Area Unsafe": Depleted Uranium in Hawai'i ranges

http://www.bigislandweekly.com/articles/2010/08/11/read/news/news02.txt

Report: Area unsafe

PTA visitors speak up about having to sign a safety waiver

By Alan D. Mcnarie

Wednesday, August 11, 2010 10:38 AM HST

U. S. Army sources have often contended that the depleted uranium left by spent shells on its firing ranges at O’ahu’s Schofield Barracks and Hawai’i Island’s Pohakuloa Training Area pose no danger to the public.

In 2008, Army officials told the Hawaii County Council that DU did not pose a health risk to the public, even though the Saddle Road passes through Pohakuloa Training Area, where DU shell fragments had been found. In a recent letter to Rep. Mazie Hirono, Deputy Assistant Secretary of the Army Addison Davis, IV, wrote that “Many independent scientific studies of uranium in the environment show that DU presents no significant ‘environmental health or safety hazard,’ especially at soil concentration of the DU on Hawaii’s ranges.”

“Based on data gathered and careful analysis of the current situation, there is no immediate or imminent health risk to people who work at Schofield Barracks or Pohakuloa Training Area (PTA) or live in communities adjacent to these military facilities from the DU present in the impact areas… Studies conducted by numerous non-military agencies, including the World Health Organization and the Department of Health and Human Services, have not found credible evidence linking DU to radiation-induced illnesses Studies conducted by numerous non-military agencies, including the World Health Organization and the Department of Health and Human Services, have not found credible evidence linking DU to radiation-induced illnesses,” claims the Army’s DU information website, http://www.imcom.pac.army.mil/du.

But the Army took a different position when representatives from several Native Hawaiian groups requested access to the West Range at Schofield Barracks on O’ahu on May 27. Before being allowed into Schofield, all were asked to sign a waiver of responsibility acknowledging, among other things, that they knew DU was potentially hazardous to their health.”

“I fully understand and by my signature acknowledge that I understand, West Range at Schofield Barracks is currently constructing the Battle Area Complex (BAX) which includes clean up of unexploded ordnance (UXO) including potential chemical warfare munitions (CWM) and depleted uranium (DU)…,” the waiver read, in part. “I understand that the ENTIRE RESERVATION IS DANGEROUS AND UNSAFE due to the presence of surface and subsurface UNEXPLODED ORDNANCE and DEPLETED URANIUM; that there may be hazardous conditions and ordnance on or under the surface of the Reservation; and that unexploded ordnance may explode nearby causing serious bodily harm, injury and death and that depleted uranium particles can be ingested from the soil or inhaled by airborne dust that may cause adverse health effects.” [Words capitalized as in original.]

“I signed that form twice,” said Hawaiian activist Terri Mullins, who has made two trips to Schofield because ancient Hawaiian remains had been uncovered during construction of a new training area for the army’s new Stryker attack force — the same force for which rangeland has been purchased for a new training area at Pohakuloa, whose firing range has also been contaminated by DU spotting rounds fired by the so-called ‘Davy Crockett,” a Cold-War-era nuclear artillery piece. Mullins, who represents a Hawaiian group called Kipuka said that on the May 27 trip, she was accompanied by members from the O’ahu Island Burial Council, Hui Malama I Na Kupuna, the Wahiawa Hawaiian Civic Club, the Office of Hawaiian Affairs, the American Friends Service Committee, Aha Kukuniloko and Hui Pu. All, she said, were asked to sign waivers. Big Island Weekly confirmed that at least one other activist who had been on that trip had signed an identical waiver.

The reference to the hazards of “inhaled by airborne dust” containing DU appears to echo concerns expressed by opponents who think fine airborne particles of DU, called “aerosols,” could cause cancer and other diseases. The Army in the past has scoffed at such risks. Its application to the NRC to legally possess the DU at Pohakuloa, for instance, states that “available information indicates that depleted uranium metal generally remains in the immediate vicinity where initially deposited, with limited migration over the period that the materials are present.

But critics such as Dr. Mike Reimer, a geologist and radiation expert who lives in Kona, disagree.

“It is an alloy and a study by the U.S. Air Force revealed that various DU alloys, not quite the same as claimed to have been used at Pohakuloa, are 100 percent effective in producing tumors in mice that then metastasize the lungs,” wrote Reimer, in an e-mail to Sierra Club researcher Cory Harden. “Solid (or alloyed) U[ranium] as a respirable absorbed particle in your lung will produce a radiation dose much greater than the same size particle of oceanic basaltic rock containing 0.t par per million [of] uranium [In other words, naturally occurring uranium found in Hawai’i’s rocks].”

The most probable vector for exposure to DU on the Big Island, maintained Reimer, was the inhalation of tiny, windborne particles, or “aerosols”: “As long as bombs drop and winds blow in the spotting round test area, there will be aerosol production and transport of DU. Aerosols may form and drop nearby, but they can be remobilized by constant bombing.

“Any DU residue present is limited to impact areas well within the perimeter of operational ranges,” the Army’s DU website maintains. “These areas are not publicly accessible. Very few range and safety personnel access the impact areas of our operational ranges. Those people that work in these areas are trained to recognize potential hazards associated with military munitions.”

Why, if the danger of DU is limited to impact areas, Native Hawaiians visiting a construction site would be warned about it or told that “THE ENTIRE RESERVATION IS DANGEROUS AND UNSAFE,” remains an interesting question.

"The Army has no plans for the removal of the legacy DU"

Mahalo to Big Island Weekly for continuing to track the Depleted Uranium contamination in Hawai’i.

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http://www.bigislandweekly.com/articles/2010/06/30/read/news/news02.txt

Army official: We never meant to clean up DU

By Alan D. Mcnarie

Wednesday, June 30, 2010 11:08 AM HST

According to a high Army official, the Army never intended to remove depleted uranium ammunition remnants from Pohakuloa Training Area and Shofield Barracks, and it has no plans to do so for as long as the firing ranges at those facilities are still in use.

“The Army requested a license for possession, not decommissioning, of the legacy DU at the affected Army installations,” wrote Deputy Assistant Secretary to the Army Addison D. “Tad” Davis IV to Congresswoman Mazie Hirono on May 26 of this year. Davis added, “Currently the Army has no plans for the removal of the legacy DU. The ranges containing DU are still in use, and most, if not all, of these ranges also contain unexploded ordnance, which is significantly more hazardous than any DU that might be present on these ranges. Should those ranges be scheduled for closure at some future date, the Army will address the DU present as part of the range closure….”

The “legacy DU” referred to in the letter is believed to be fragments of spotting rounds from cold-war-era Davy Crockett nuclear artillery. In 2008, the Army submitted an application to the Nuclear Regulatory Commission for a permit to “possess” the DU; its original permit had expired in 1964. The NRC’s ruling on that application is still pending, though the NRC has criticized the Army’s plan to monitor the DU in the area as ineffective. (See “NRC to Army: DU Monitoring Plan Won’t Work” in the archives at http://www.bigislandweekly.com.) A sub-agency called the Federal and State Materials and Environmental Management Programs is entertaining a petition from Hawaiian activist Isaac Harp to discipline the army over the expired permit. Hirono had asked Davis what the army had done to address public concerns about “environmental, health and safety” hazards that the DU posed.

The Army has repeatedly contended that the DU does not present a significant hazard to the island’s population. Davis’s letter to Hirono continued to maintain the Army’s position. He claimed that the soil concentration of DU at the Army ranges was estimated at 1-4 pCi/g (picocuries of DU per gram of soil), which averaged “much less than the NRC decommissioning levels of uranium in soil (14 pCi/g of Uranium 238, the major constituent of DU), and are not much above soil concentrations of naturally occurring uranium.”

“The Army has collected numerous air and soil samples, none of which indicate that the DU at Hawaii’s ranges has migrated off-range…,” Davis contended.

Not so, says Dr. Lorrin Pang, a former Army doctor and frequent critic of the Army’s handling of the DU issue.

“That’s absolutely not true. Even their own tests at Waiki’i [on the Saddle Road near Pohakuloa] found it [DU] in dust at low levels. I think the correct scientific interpretation is, it was there,” Pang told the Big Island Weekly.

Pang also challenged Davis’s assertion that “Many independent scientific studies of depleted uranium in the environment show that DU presents no significant ‘environmental, health and safety [hazard],’ especially at the soil concentrations of the DU on Hawaii’s ranges.” Pang noted that the NRC itself had criticized the Army’s monitoring protocols as inadequate; he maintained that the Army simply didn’t know, yet, how much DU was located at Pohakuloa.

“You don’t have a system in place to monitor and baseline, and then you’re gonna tell me the risks?” he asked skeptically. “Tad Allen isn’t a scientist. He’s an MBA from Harvard. If he makes these statements, he’d better refer to scientists who will defend them…

First of all, if you say, we never intended to clean it up, how much is there? You don’t even know.”

The proper scientific approach, he maintained was, “First tell me, how much [DU] is there. Then you’ve got to tell, me, what is the risk? Then you’ve got to tell me the response: if you’re going to clean it up or not.”

And the army’s own “friendly fire” studies on servicepeople exposed to DU were so badly flawed, he maintained, that the researchers hadn’t even recorded tumors, so the health risks were also not known. Without knowing either the quantity of DU or the health risk, the proper course of action was impossible to determine.

He added that that appropriate course of action might turn out to be something other than cleaning up the DU.

“Maybe they don’t have to clean it up,” he said. “Maybe they just promise never to use it again. Maybe they keep the dust down.”

Davis’s letter also provoked a response from Cory Harden, who has been monitoring the DU controversy for the Sierra Club. Harden noted that when Davis wrote , “the Army has collected numerous soil and air samples, none of which indicate that the DU…has migrated off range,” he didn’t mention testimony by geologist and radiation expert Dr. Mike Reimer, who had reviewed the Army’s proposed DU monitoring system and found that the holes in the filters on the Army’s detection devices were “ten times too large.”

She also questioned Davis’ statement that the DU disposal problem would be addressed when the firing ranges were finally decommissioned. She noted that after the military took over Kaho’olawe for a bombing range, Pres. Dwight Eisenhower had promised to return the island in habitable condition – but when it was finally returned 50 years later, massive bombing had cracked the caprock, draining the island’s freshwater supply, and most of the island’s land still had not been entirely cleared of ordnance.

What the Army actually does with the DU, however, may depend not on what it intended or intends to do, but on what the NRC tells it to do. Few expect the NRC not to grant the Army a permit to possess the DU – after all, the stuff is already in the ground – but it may well impose conditions on the Army, including a more viable monitoring program and possibly a cleanup strategy.

Time to Cancel the Army's Lease at Pohakuloa over Radiation Contamination

Call from Malu ‘Aina:

Time to Cancel the Army’s Lease at Pohakuloa over Radiation Contamination

1. The Army repeatedly denied the use of Depleted Uranium (DU) in Hawaii.

2. Now it has been confirmed that in the 1960s the U.S. Army used the Pohakuloa Training Area for firing spotting rounds containing DU for the Davy Crockett nuclear weapon system.

3. The DU spotting rounds have created the presence of radiation contamination at Pohakuloa.

4. DU is a chemically toxic and radioactive heavy metal with a half-life of 4.5 billion years.

5. DU emits radioactive alpha particles than can cause cancer when inhaled (and poses health concerns for troops, residents and visitors in Hawaii).

6. Due to poor military record keeping, there may be more DU contamination at Pohakuloa than just Davy Crockett spotting rounds.

7. On July 2, 2008 the Hawaii County Council passed Resolution 639-08 by a vote of 8-1.

8. Resolution 639-08 called for “a complete halt to B-2 bombing missions and to all live firing exercises and other activities at the Pohakuloa Training Area (PTA) that creates dust until there is an assessment and clean up of the depleted uranium already present.”

9. Live-fire continues at PTA and the DU has not been cleaned up. Live-fire and high winds at Pohakuloa risk spreading the radiation contamination off-base.

10. While major potions (more than 84,000-acres) of Crown lands at PTA were taken (without compensation) by Executive orders, PTA has a State General Lease No. S-3849 by the State of Hawaii, Board of Land and Natural Resources – U.S. Lease, Contract No. DA-94-626-ENG-80 – August 19, 1964 (expiration date 16 Aug. 2029) consisting of 22,988 acres for $1.00 for 65 years.

11. In the 1960s when the Army leased State land in the Waiakea Forest Reserve (Hilo’s watershed) for what was suppose to be weather testing, but in fact was chemical weapons testing including deadly sarin gas, Hawaii County residents spoke up and the State lease to the Army was canceled; now, therefore,

THE PEOPLE OF HAWAII COUNTY NEED TO SPEAK UP AGAIN TO CANCEL THE ARMY’S LEASE AT THE POHAKULOA TRAINING AREA AND REQUIRE CLEAN UP OF DEPLETED URANIUM (DU) RADIATION CONTAMINATION.

Let Your Voice Be Heard!

1. Mourn all victims of violence. 2. Reject war as a solution. 3. Defend civil liberties. 4. Oppose all discrimination, anti-Islamic, anti-Semitic, etc.5. Seek peace through justice in Hawai`i and around the world.

Contact: Malu `Aina Center for Non-violent Education & Action P.O. Box AB Kurtistown, Hawai`i 96760.

Phone (808) 966-7622. Email ja@interpac.net http://www.malu-aina.org

Hilo Peace Vigil leaflet (April 30, 2010 – 450th week) – Friday 3:30-5PM downtown Post Office

Citizens denied access to meeting protest outside Pohakuloa Training Area

http://bigislandweekly.com/articles/2010/03/03/read/news/news03.txt

Citizens denied access to meeting protest outside PTA

By Heather Nicholson

Wednesday, March 3, 2010 11:38 AM HST

About 30 people concerned with depleted uranium (DU) radiation on Pohakuloa Training Area picketed outside the Saddle Road military base Feb. 24. At the same time, the group received word that their petition to challenge the Army’s license to possess DU was denied.

Jim Albertini, group leader and founder of the non-violent education and action group, Malu Aina, expressed disappointment at the decision handed down from the Nuclear Regulatory Commission (NRC), who said the petition “lacked standing.”

“It means citizens have nothing to say about this issue,” said Albertini, who went in front of the NRC with three other Hawaii residents in January calling the Army’s assessment of DU hazards inadequate.

Though Albertini and his group were not invited to the U.S. Army’s annual Community Leaders Day, various decision makers were seen in attendance, including Mayor Billy Kenoi. The attendees heard progress updates on everything from Saddle Road construction to depleted uranium.

U.S. Army spokesman Mike Egami said the DU discussion was a review of topics already on the radar, including the Army’s application to the NRC to possess and manage residual quantities of DU at various bases, including Pohakuloa Training Area (PTA).

Repeated attempts to contact Kenoi’s office for information about the meeting went unanswered. When the Army was asked to provide Big Island Weekly with a list of the attendees, we were told the group consisted of “politicos or representatives from various offices from the Mayor’s office, County Council, Congressional offices, business leaders, UH Hilo, school principals, DLNR, hunters, and members of the PTA Cultural Advisory Committee.”

“The community leaders were invited to provide opportunities for each to take back information to their respective organization and disseminate information, as well as receive comments to provide back to the military,” said Egami.

The majority of protesters opposed to the fact that the public was not invited to the meeting and stood across from the entrance of PTA holding signs that read “Where’s the transparency” and “Radiation cover up.” The group tried several times to get inside the base and was denied a list of invited attendees.

“We want this meeting that they are having about our neighborhood to be open,” said Hilo resident Stephen Paulmier. “It’s mainly about transparency in government.”

Ret. U.S. Army Col. Ann Wright stood on the side of Albertini’s picket line, concerned that the politicians invited to the meeting could not be trusted to ask the Army hard questions.

“This meeting undercuts the citizen’s right to know. It’s outrageous that no one can go in since there’s been so much public outcry,” she said.

WHAT IS DEPLETED URANIUM?

Depleted uranium is a waste obtained from producing fuel for nuclear reactors and atomic bombs. DU is extremely dense and heavy, so much so that projectiles with a DU head can penetrate the armored steel of military vehicles and buildings. It is also a spontaneous pyrophoric material that can generate so much heat that when it reaches its target it explodes.

The American military has been using DU to coat artillery, tanks and aircraft for years, and the DU found on Hawaii military bases came from The Davy Crockett, a series of recoilless guns used in 1960s training missions.

When exposed to very high temperatures, DU can go airborne. According to the World Health Organization, DU emits about 60 percent of the radiation as natural uranium. When inhaled, DU particles make their way into the blood stream and can cause health problems, especially to the lungs.

When DU was discovered at Hawaii military bases in 2006, the Army received much backlash after years of denying that any uranium weapons were ever used on island. After military testing of the remaining DU at PTA and Oahu’s Schofield Barracks, the Army contends that the radiation is too low to be a health concern.

Pahoa resident and retired Army pilot Albert Tell agrees.

“There’s more radiation in my house then there is out here,” Tell said.

Tell and about 10 other military supporters comprised mainly of ex-military personnel picketed outside PTA on Feb. 24 also. Brandishing several American flags and dressed in military fatigues, the group said they were there to support the troops, PTA and counteract any misinformation Albertini and his supporters handed out.

“I don’t know anyone who’s died from DU,” said a picketer who refused to give his name. “We have some dying from cancer but they’ve lived other places to.”

IS DU BAD FOR YOU?

It’s true the long-term effects of DU radiation are largely unknown, and while some contend DU is the cause of Gulf War Syndrome there are no tests or reports to support it. Since DU goes airborne under extreme heat, some citizens are concerned that the live-fire and bombing training missions still conducted on PTA are aerosolizing DU and not only putting down-wind communities at risk, but active PTA soldiers as well.

Albertini said he won’t be satisfied until the Army allows independent scientists to conduct their own DU tests on PTA. He also wants all live-fire and bombing sessions on PTA halted until an independent DU test can be conducted.

“We have to know the extent of the health risks,” he said.

Hawaii County Council passed a resolution calling for the halt of live-fire and bombing that may spread airborne DU, however, the Army continues to do so. They said it is highly unlikely that DU will move off PTA and into the community due to military live-fire training.

“The Army has completed most of the DU investigation, but is continuing to monitor the water and air qualities at Schofield Barracks and PTA,” Egami said.

The Army is also awaiting a decision from NRC regarding their license to possess DU.

Depleted Uranium: Residents accuse Army of covering up contamination

http://www.westhawaiitoday.com/articles/2010/01/14/local/local02.txt

Residents accuse Army of covering up contamination

DEPLETED URANIUM: ‘The burden should be on the Army’

By NANCY COOK LAUER

WES T HAWAII TODAY

ncook-lauer@westhawaiitoday.com

HILO — Four Hawaii residents charged the U.S. Army with trying to cover up its discovery of depleted uranium and then taking a cavalier attitude about cleaning it up during a five-hour hearing Wednesday before a panel of the Nuclear Regulatory Commission. The Army is seeking an after-the-fact license to possess the radioactive material that was used in weapons training at Schofield Barracks on Oahu and Pohakuloa Training Area on the Big Island. The DU spotting rounds were used in the 1960s and have been emitting low levels of radiation since.

The Army contends the radiation is too low to pose a safety hazard.

“We’ve been open, transparent and we believe accountable with the steps we have taken,” said Lt. Col. Kent Herring, representing the Army’s Environmental Litigation Division. “The Army has kept the public informed. …There’s no purposeful withholding.”

But the Army’s contention is disputed by the petitioners, Kurtistown resident and peace activist Jim Albertini; Cory Harden, representing the Sierra Club; and two Native Hawaiians: Isaac Harp, of Waimea, and Luwella Leonardi, of Waianae, Oahu.

They say the Army has never proven the radiation is not harming those who live and travel near the military installations and they criticized the Army for sampling less than 1 percent of the 133,000-acre PTA installation off Saddle Road between Mauna Loa and Mauna Kea.

“The burden should be on the Army to prove no harm. The Army says there is no harm because they haven’t looked and don’t want to look,” said Albertini. “A license to possess depleted uranium is a nuclear waste dump.”

The three-member Atomic Safety and Licensing Board grilled the Hawaii residents, Army staff and NRC staffers alike. A decision on whether the petitioners have standing to participate in the license application will be made next month.

The petitioners participated by videoconference from a cramped video booth at the University of Hawaii at Hilo, while the federal officials participated from a Rockville, Md., hearing room.

Both the Army and NRC staff attorneys contend the petitioners didn’t prove they have a right to intervene in the license application process. Just living nearby is not enough, they said. Nor did the residents prove there is greater health risks to them because of the Army’s actions.

“Their claims cannot be entirely speculative,” said NRC staff attorney Kimberly Sexton.

Harp was hesitant to believe the Army’s position that there was no health hazard associated with the DU contamination. He noted that the military has a long history of conducting biological and chemical warfare experiments on the Big Island under code names such as Blue Tango, Yellow Leaf, Green Mist and Tall Timber.

“No one knows how many may have become ill, disabled or died from these experiments because only the military and their partners knew about them,” Harp said.

Harden produced documents showing the government knew about the DU at Schofield as early as 1996, not 2005 as the Army claims.

“I think if it was gold and not radioactivity, I think they would have found a lot more of it,” Harden said.

Even the administrative judges weren’t completely satisfied with the Army’s position that it was using a conservative estimate of how many rounds were even used at the two sites. The Army can account for 714 rounds — containing 299 pounds of DU — shipped to Hawaii. But it doesn’t know if that’s all that was sent to the state, because the records have been lost.

“I’m still troubled by the uncertainty of the numbers,” said Judge Anthony Baratta.

Herring said the Army is not dumping any DU contaminated soil off-site, but it has started collecting some of it into 55-gallon drums that are being stored at Schofield.

And Herring said all live round exercises now under way at the two sites do not fire high explosives into the contaminated areas, but they do use 50-caliber machine guns, spotting rounds that have just enough explosive to create a puff of smoke and 120 mm mortar rounds.

“No high-explosive rounds will be fired into DU areas,” Herring said.

Hilo groups will protest Strykers on parade

According to the Honolulu Advertiser article Strykers will be included in the Hilo Veterans parade:

Organizers hoped to keep word of the vehicles a secret from peace activists like Jim Albertini of the Malu Aina Center for Non-Violent Education and Action, in an attempt to ward off conflict.

Albertini found out anyway, and on Sunday wrote an open letter to Lt. Col. Warline Richardson of Pohakuloa Training Area, asking that the vehicles be kept out of the parade.

Albertini says he’s concerned that the presence of the vehicles “glorifies war” under the guise of honoring veterans. He’s also raised concerns that the Strykers, which are involved in training exercises at Pohakuloa, could be contaminated with depleted uranium and may pose a health risk to citizens.

Richardson called Albertini on Monday to confirm that two Strykers would be in the parade, but they would be unarmed command vehicles. There would be numerous other, non-controversial vehicles in the parade, including an ambulance and transport vehicles.

'Toxic Waters' series in the NYT

The New York Times published the first in a series of investigative articles on water pollution and the failures of the EPA to enforce the Clean Water Act.  They have compiled a massive searchable database and map of clean water act violations.   The data for Hawai’i shows Sand Island Wastewater Treatment facility run by the City as the worst violator with 252 violations followed by Pearl Harbor Naval Shipyard with 73 violations.  The Kaneohe Marine Corp Base Hawaii waste water treatment plant and Schofield Barracks wastewater treatment plant come in at 10 and 11 on the list.   The Schofield Barracks R2 wastewater is dumped into an irrigation flume that drains from the ‘Lake Wilson’ reservoir (actually the dammed Kaukonahua Stream) and flows into former pineapple and sugar fields on its way down to Waialua.  Since there is not much agriculture today as in the past, most of this irrigation water is unused and ends up in ditches in Waialua where they eventually flow into the sea.  Along the way, immigrants have stocked the irrigation ditches with freshwater clams and harvest them along Kaukonahua Road.

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Toxic Waters

Clean Water Laws Are Neglected, at a Cost in Suffering

By CHARLES DUHIGG
Published: September 12, 2009

Jennifer Hall-Massey relies on drinking water that is brought in by truck and stored in barrels on her porch near Charleston, W.Va.

In fact, her entire family tries to avoid any contact with the water. Her youngest son has scabs on his arms, legs and chest where the bathwater – polluted with lead, nickel and other heavy metals – caused painful rashes. Many of his brother’s teeth were capped to replace enamel that was eaten away.

Neighbors apply special lotions after showering because their skin burns. Tests show that their tap water contains arsenic, barium, lead, manganese and other chemicals at concentrations federal regulators say could contribute to cancer and damage the kidneys and nervous system.

“How can we get digital cable and Internet in our homes, but not clean water?” said Mrs. Hall-Massey, a senior accountant at one of the state’s largest banks.

She and her husband, Charles, do not live in some remote corner of Appalachia. Charleston, the state capital, is less than 17 miles from her home.

“How is this still happening today?” she asked.

When Mrs. Hall-Massey and 264 neighbors sued nine nearby coal companies, accusing them of putting dangerous waste into local water supplies, their lawyer did not have to look far for evidence. As required by state law, some of the companies had disclosed in reports to regulators that they were pumping into the ground illegal concentrations of chemicals – the same pollutants that flowed from residents’ taps.

But state regulators never fined or punished those companies for breaking those pollution laws.

This pattern is not limited to West Virginia. Almost four decades ago, Congress passed the Clean Water Act to force polluters to disclose the toxins they dump into waterways and to give regulators the power to fine or jail offenders. States have passed pollution statutes of their own. But in recent years, violations of the Clean Water Act have risen steadily across the nation, an extensive review of water pollution records by The New York Times found.

In the last five years alone, chemical factories, manufacturing plants and other workplaces have violated water pollution laws more than half a million times. The violations range from failing to report emissions to dumping toxins at concentrations regulators say might contribute to cancer, birth defects and other illnesses.

However, the vast majority of those polluters have escaped punishment. State officials have repeatedly ignored obvious illegal dumping, and the Environmental Protection Agency, which can prosecute polluters when states fail to act, has often declined to intervene.

Because it is difficult to determine what causes diseases like cancer, it is impossible to know how many illnesses are the result of water pollution, or contaminants’ role in the health problems of specific individuals.

But concerns over these toxins are great enough that Congress and the E.P.A. regulate more than 100 pollutants through the Clean Water Act and strictly limit 91 chemicals or contaminants in tap water through the Safe Drinking Water Act.

Regulators themselves acknowledge lapses. The new E.P.A. administrator, Lisa P. Jackson, said in an interview that despite many successes since the Clean Water Act was passed in 1972, today the nation’s water does not meet public health goals, and enforcement of water pollution laws is unacceptably low. She added that strengthening water protections is among her top priorities. State regulators say they are doing their best with insufficient resources.

The Times obtained hundreds of thousands of water pollution records through Freedom of Information Act requests to every state and the E.P.A., and compiled a national database of water pollution violations that is more comprehensive than those maintained by states or the E.P.A. (For an interactive version, which can show violations in any community, visit www.nytimes.com/toxicwaters.)

In addition, The Times interviewed more than 250 state and federal regulators, water-system managers, environmental advocates and scientists.

That research shows that an estimated one in 10 Americans have been exposed to drinking water that contains dangerous chemicals or fails to meet a federal health benchmark in other ways.

Those exposures include carcinogens in the tap water of major American cities and unsafe chemicals in drinking-water wells. Wells, which are not typically regulated by the Safe Drinking Water Act, are more likely to contain contaminants than municipal water systems.

Because most of today’s water pollution has no scent or taste, many people who consume dangerous chemicals do not realize it, even after they become sick, researchers say.

But an estimated 19.5 million Americans fall ill each year from drinking water contaminated with parasites, bacteria or viruses, according to a study published last year in the scientific journal Reviews of Environmental Contamination and Toxicology. That figure does not include illnesses caused by other chemicals and toxins.

In the nation’s largest dairy states, like Wisconsin and California, farmers have sprayed liquefied animal feces onto fields, where it has seeped into wells, causing severe infections. Tap water in parts of the Farm Belt, including cities in Illinois, Kansas, Missouri and Indiana, has contained pesticides at concentrations that some scientists have linked to birth defects and fertility problems.

In parts of New York, Rhode Island, Ohio, California and other states where sewer systems cannot accommodate heavy rains, untreated human waste has flowed into rivers and washed onto beaches. Drinking water in parts of New Jersey, New York, Arizona and Massachusetts shows some of the highest concentrations of tetrachloroethylene, a dry cleaning solvent that has been linked to kidney damage and cancer. (Specific types of water pollution across the United States will be examined in future Times articles.)

The Times’s research also shows that last year, 40 percent of the nation’s community water systems violated the Safe Drinking Water Act at least once, according to an analysis of E.P.A. data. Those violations ranged from failing to maintain proper paperwork to allowing carcinogens into tap water. More than 23 million people received drinking water from municipal systems that violated a health-based standard.

In some cases, people got sick right away. In other situations, pollutants like chemicals, inorganic toxins and heavy metals can accumulate in the body for years or decades before they cause problems. Some of the most frequently detected contaminants have been linked to cancer, birth defects and neurological disorders.

Records analyzed by The Times indicate that the Clean Water Act has been violated more than 506,000 times since 2004, by more than 23,000 companies and other facilities, according to reports submitted by polluters themselves. Companies sometimes test what they are dumping only once a quarter, so the actual number of days when they broke the law is often far higher. And some companies illegally avoid reporting their emissions, say officials, so infractions go unrecorded.

Environmental groups say the number of Clean Water Act violations has increased significantly in the last decade. Comprehensive data go back only five years but show that the number of facilities violating the Clean Water Act grew more than 16 percent from 2004 to 2007, the most recent year with complete data.

Polluters include small companies, like gas stations, dry cleaners, shopping malls and the Friendly Acres Mobile Home Park in Laporte, Ind., which acknowledged to regulators that it had dumped human waste into a nearby river for three years.

They also include large operations, like chemical factories, power plants, sewage treatment centers and one of the biggest zinc smelters, the Horsehead Corporation of Pennsylvania, which has dumped illegal concentrations of copper, lead, zinc, chlorine and selenium into the Ohio River. Those chemicals can contribute to mental retardation and cancer.

Some violations are relatively minor. But about 60 percent of the polluters were deemed in “significant noncompliance” – meaning their violations were the most serious kind, like dumping cancer-causing chemicals or failing to measure or report when they pollute.

Finally, the Times’s research shows that fewer than 3 percent of Clean Water Act violations resulted in fines or other significant punishments by state officials. And the E.P.A. has often declined to prosecute polluters or force states to strengthen their enforcement by threatening to withhold federal money or take away powers the agency has delegated to state officials.

Neither Friendly Acres Mobile Home Park nor Horsehead, for instance, was fined for Clean Water Act violations in the last eight years. A representative of Friendly Acres declined to comment. Indiana officials say they are investigating the mobile home park. A representative of Horsehead said the company had taken steps to control pollution and was negotiating with regulators to clean up its emissions.

Numerous state and federal lawmakers said they were unaware that pollution was so widespread.

“I don’t think anyone realized how bad things have become,” said Representative James L. Oberstar, a Minnesota Democrat, when told of The Times’s findings. Mr. Oberstar is chairman of the House Transportation and Infrastructure Committee, which has jurisdiction over many water-quality issues.

“The E.P.A. and states have completely dropped the ball,” he said. “Without oversight and enforcement, companies will use our lakes and rivers as dumping grounds – and that’s exactly what is apparently going on.”

The E.P.A. administrator, Ms. Jackson, whose appointment was confirmed in January, said in an interview that she intended to strengthen enforcement of the Clean Water Act and pressure states to apply the law.

“I’ve been saying since Day One I want to work on these water issues pretty broadly across the country,” she said. On Friday, the E.P.A. said that it was reviewing dozens of coal-mining permits in West Virginia and three other states to make sure they would not violate the Clean Water Act.

After E.P.A. officials received detailed questions from The New York Times in June, Ms. Jackson sent a memo to her enforcement deputy noting that the E.P.A. is “falling short of this administration’s expectations for the effectiveness of our clean water enforcement programs. Data available to E.P.A. shows that, in many parts of the country, the level of significant noncompliance with permitting requirements is unacceptably high and the level of enforcement activity is unacceptably low.”

State officials, for their part, attribute rising pollution rates to increased workloads and dwindling resources. In 46 states, local regulators have primary responsibility for crucial aspects of the Clean Water Act. Though the number of regulated facilities has more than doubled in the last 10 years, many state enforcement budgets have remained essentially flat when adjusted for inflation. In New York, for example, the number of regulated polluters has almost doubled to 19,000 in the last decade, but the number of inspections each year has remained about the same.

But stretched resources are only part of the reason polluters escape punishment. The Times’s investigation shows that in West Virginia and other states, powerful industries have often successfully lobbied to undermine effective regulation.

State officials also argue that water pollution statistics include minor infractions, like failing to file reports, which do not pose risks to human health, and that records collected by The Times failed to examine informal enforcement methods, like sending warning letters.

“We work enormously hard inspecting our coal mines, analyzing water samples, notifying companies of violations when we detect them,” said Randy Huffman, head of West Virginia’s Department of Environmental Protection. “When I look at how far we’ve come in protecting the state’s waters since we took responsibility for the Clean Water Act, I think we have a lot to be proud of.”

But unchecked pollution remains a problem in many states. West Virginia offers a revealing example of why so many companies escape punishment.

One Community’s Plight

The mountains surrounding the home of Mrs. Hall-Massey’s family and West Virginia’s nearby capital have long been mined for coal. And for years, the area enjoyed clean well water.

But starting about a decade ago, awful smells began coming from local taps. The water was sometimes gray, cloudy and oily. Bathtubs and washers developed rust-colored rings that scrubbing could not remove. When Mrs. Hall-Massey’s husband installed industrial water filters, they quickly turned black. Tests showed that their water contained toxic amounts of lead, manganese, barium and other metals that can contribute to organ failure or developmental problems.

Around that time, nearby coal companies had begun pumping industrial waste into the ground.

Mining companies often wash their coal to remove impurities. The leftover liquid – a black fluid containing dissolved minerals and chemicals, known as sludge or slurry – is often disposed of in vast lagoons or through injection into abandoned mines. The liquid in those lagoons and shafts can flow through cracks in the earth into water supplies. Companies must regularly send samples of the injected liquid to labs, which provide reports that are forwarded to state regulators.

In the eight miles surrounding Mrs. Hall-Massey’s home, coal companies have injected more than 1.9 billion gallons of coal slurry and sludge into the ground since 2004, according to a review of thousands of state records. Millions more gallons have been dumped into lagoons.

These underground injections have contained chemicals at concentrations that pose serious health risks, and thousands of injections have violated state regulations and the Safe Drinking Water Act, according to reports sent to the state by companies themselves.

For instance, three coal companies – Loadout, Remington Coal and Pine Ridge, a subsidiary of Peabody Energy, one of the largest coal companies in the world – reported to state officials that 93 percent of the waste they injected near this community had illegal concentrations of chemicals including arsenic, lead, chromium, beryllium or nickel.

Sometimes those concentrations exceeded legal limits by as much as 1,000 percent. Those chemicals have been shown to contribute to cancer, organ failures and other diseases.

But those companies were never fined or punished for those illegal injections, according to state records. They were never even warned that their activities had been noticed.

Remington Coal declined to comment. A representative of Loadout’s parent said the company had assigned its permit to another company, which ceased injecting in 2006. Peabody Energy, which spun off Pine Ridge in 2007, said that some data sent to regulators was inaccurate and that the company’s actions reflected best industry practices.

West Virginia officials, when asked about these violations, said regulators had accidentally overlooked many pollution records the companies submitted until after the statute of limitations had passed, so no action was taken. They also said their studies indicated that those injections could not have affected drinking water in the area and that other injections also had no detectable effect.

State officials noted that they had cited more than 4,200 water pollution violations at mine sites around the state since 2000, as well as conducted thousands of investigations. The state has initiated research about how mining affects water quality. After receiving questions from The Times, officials announced a statewide moratorium on issuing injection permits and told some companies that regulators were investigating their injections.

“Many of the issues you are examining are several years old, and many have been addressed,” West Virginia officials wrote in a statement. The state’s pollution program “has had its share of issues,” regulators wrote. However, “it is important to note that if the close scrutiny given to our state had been given to others, it is likely that similar issues would have been found.”

More than 350 other companies and facilities in West Virginia have also violated the Clean Water Act in recent years, records show. Those infractions include releasing illegal concentrations of iron, manganese, aluminum and other chemicals into lakes and rivers.

As the water in Mrs. Hall-Massey’s community continued to worsen, residents began complaining of increased health problems. Gall bladder diseases, fertility problems, miscarriages and kidney and thyroid issues became common, according to interviews.

When Mrs. Hall-Massey’s family left on vacation, her sons’ rashes cleared up. When they returned, the rashes reappeared. Her dentist told her that chemicals appeared to be damaging her teeth and her son’s, she said. As the quality of her water worsened, Mrs. Hall-Massey’s once-healthy teeth needed many crowns. Her son brushed his teeth often, used a fluoride rinse twice a day and was not allowed to eat sweets. Even so, he continued getting cavities until the family stopped using tap water. By the time his younger brother’s teeth started coming in, the family was using bottled water to brush. He has not had dental problems.

Medical professionals in the area say residents show unusually high rates of health problems. A survey of more than 100 residents conducted by a nurse hired by Mrs. Hall-Massey’s lawyer indicated that as many as 30 percent of people in this area have had their gallbladders removed, and as many as half the residents have significant tooth enamel damage, chronic stomach problems and other illnesses. That research was confirmed through interviews with residents.

It is difficult to determine which companies, if any, are responsible for the contamination that made its way into tap water or to conclude which specific chemicals, if any, are responsible for particular health problems. Many coal companies say they did not pollute the area’s drinking water and chose injection sites that flowed away from nearby homes.

An independent study by a university researcher challenges some of those claims.

“I don’t know what else could be polluting these wells,” said Ben Stout, a biology professor at Wheeling Jesuit University who tested the water in this community and elsewhere in West Virginia. “The chemicals coming out of people’s taps are identical to the chemicals the coal companies are pumping into the ground.”

One night, Mrs. Hall-Massey’s 6-year-old son, Clay, asked to play in the tub. When he got out, his bright red rashes hurt so much he could not fall asleep. Soon, Mrs. Hall-Massey began complaining to state officials. They told her they did not know why her water was bad, she recalls, but doubted coal companies had done anything wrong. The family put their house on the market, but because of the water, buyers were not interested.

In December, Mrs. Hall-Massey and neighbors sued in county court, seeking compensation. That suit is pending. To resolve a related lawsuit filed about the same time, the community today gets regular deliveries of clean drinking water, stored in coolers or large blue barrels outside most homes. Construction began in August on a pipeline bringing fresh water to the community.

But for now most residents still use polluted water to bathe, shower and wash dishes.

“A parent’s only real job is to protect our children,” Mrs. Hall-Massey said. “But where was the government when we needed them to protect us from this stuff?”

Regulators ‘Overwhelmed’

Matthew Crum, a 43-year-old lawyer, wanted to protect people like Mrs. Hall-Massey. That is why he joined West Virginia’s environmental protection agency in 2001, when it became clear that the state’s and nation’s streams and rivers were becoming more polluted.

But he said he quickly learned that good intentions could not compete with intimidating politicians and a fearful bureaucracy.

Mr. Crum grew up during a golden age of environmental activism. He was in elementary school when Congress passed the Clean Water Act of 1972 in response to environmental disasters, including a fire on the polluted Cuyahoga River in Cleveland. The act’s goal was to eliminate most water pollution by 1985 and prohibit the “discharge of toxic pollutants in toxic amounts.”

“There were a bunch of us that were raised with the example of the Clean Water Act as inspiration,” he said. “I wanted to be part of that fight.”

In the two decades after the act’s passage, the nation’s waters grew much healthier. The Cuyahoga River, West Virginia’s Kanawha River and hundreds of other beaches, streams and ponds were revitalized.

But in the late 1990s, some states’ enforcement of pollution laws began tapering off, according to regulators and environmentalists. Soon the E.P.A. started reporting that the nation’s rivers, lakes and estuaries were becoming dirtier again. Mr. Crum, after a stint in Washington with the Justice Department and the birth of his first child, joined West Virginia’s Department of Environmental Protection, where new leadership was committed to revitalizing the Clean Water Act.

He said his idealism was tested within two weeks, when he was called to a huge coal spill into a stream.

“I met our inspector at the spill site, and we had this really awkward conversation,” Mr. Crum recalled. “I said we should shut down the mine until everything was cleaned up. The inspector agreed, but he said if he issued that order, he was scared of getting demoted or transferred to the middle of nowhere. Everyone was terrified of doing their job.”

Mr. Crum temporarily shut the mine.

In the next two years, he shut many polluting mines until they changed their ways. His tough approach raised his profile around the state.

Mining companies, worried about attracting Mr. Crum’s attention, began improving their waste disposal practices, executives from that period said. But they also began complaining to their friends in the state’s legislature, they recalled in interviews, and started a whisper campaign accusing Mr. Crum of vendettas against particular companies – though those same executives now admit they had no evidence for those claims.

In 2003, a new director, Stephanie Timmermeyer, was nominated to run the Department of Environmental Protection. One of West Virginia’s most powerful state lawmakers, Eustace Frederick, said she would be confirmed, but only if she agreed to fire Mr. Crum, according to several people who said they witnessed the conversation.

She was given the job and soon summoned Mr. Crum to her office. He was dismissed two weeks after his second child’s birth.

Ms. Timmermeyer, who resigned in 2008, did not return calls. Mr. Frederick died last year.

Since then, hundreds of workplaces in West Virginia have violated pollution laws without paying fines. A half-dozen current and former employees, in interviews, said their enforcement efforts had been undermined by bureaucratic disorganization, a departmental preference to let polluters escape punishment if they promise to try harder, and a revolving door of regulators who leave for higher-paying jobs at the companies they once policed.

“We are outmanned and overwhelmed, and that’s exactly how industry wants us,” said one employee who requested anonymity for fear of being fired. “It’s been obvious for decades that we’re not on top of things, and coal companies have earned billions relying on that.”

In June, four environmental groups petitioned the E.P.A. to take over much of West Virginia’s handling of the Clean Water Act, citing a “nearly complete breakdown” in the state. The E.P.A. has asked state officials to respond and said it is investigating the petition.

Similar problems exist in other states, where critics say regulators have often turned a blind eye to polluters. Regulators in five other states, in interviews, said they had been pressured by industry-friendly politicians to drop continuing pollution investigations.

“Unless the E.P.A. is pushing state regulators, a culture of transgression and apathy sets in,” said William K. Reilly, who led the E.P.A. under President George H. W. Bush.

In response, many state officials defend their efforts. A spokeswoman for West Virginia’s Department of Environmental Protection, for instance, said that between 2006 and 2008, the number of cease-operation orders issued by regulators was 10 percent higher than during Mr. Crum’s two-year tenure.

Mr. Huffman, the department’s head, said there is no political interference with current investigations. Department officials say they continue to improve the agency’s procedures, and note that regulators have assessed $14.7 million in state fines against more than 70 mining companies since 2006.

However, that is about equal to the revenue those businesses’ parent companies collect every 10 hours, according to financial reports. (To find out about every state’s enforcement record and read comments from regulators, visit www.nytimes.com/waterdata.)

“The real test is, is our water clean?” said Mr. Huffman. “When the Clean Water Act was passed, this river that flows through our capital was very dirty. Thirty years later, it’s much cleaner because we’ve chosen priorities carefully.”

Some regulators admit that polluters have fallen through the cracks. To genuinely improve enforcement, they say, the E.P.A. needs to lead.

“If you don’t have vigorous oversight by the feds, then everything just goes limp,” said Mr. Crum. “Regulators can’t afford to have some backbone unless they know Washington or the governor’s office will back them up.”

It took Mr. Crum a while to recover from his firing. He moved to Virginia to work at the Nature Conservancy, an environmental conservation group. Today, he is in private practice and works on the occasional environmental lawsuit.

“We’re moving backwards,” he said, “and it’s heartbreaking.”

Shortcomings of the E.P.A.

The memos are marked “DO NOT DISTRIBUTE.”

They were written this year by E.P.A. staff, the culmination of a five-year investigation of states’ enforcement of federal pollution laws. And in bland, bureaucratic terms, they describe a regulatory system – at the E.P.A. and among state agencies – that in many ways simply does not work.

For years, according to one memo, federal regulators knew that more than 30 states had major problems documenting which companies were violating pollution laws. Another notes that states’ “personnel lack direction, ability or training” to levy fines large enough to deter polluters.

But often, the memos say, the E.P.A. never corrected those problems even though they were widely acknowledged. The E.P.A. “may hesitate to push the states” out of “fear of risking their relationships,” one report reads. Another notes that E.P.A. offices lack “a consistent national oversight strategy.”

Some of those memos, part of an effort known as the State Review Framework, were obtained from agency employees who asked for anonymity, and others through Freedom of Information Act requests.

Enforcement lapses were particularly bad under the administration of President George W. Bush, employees say. “For the last eight years, my hands have been tied,” said one E.P.A. official who requested anonymity for fear of retribution. “We were told to take our clean water and clean air cases, put them in a box, and lock it shut. Everyone knew polluters were getting away with murder. But these polluters are some of the biggest campaign contributors in town, so no one really cared if they were dumping poisons into streams.”

The E.P.A. administrators during the last eight years – Christine Todd Whitman, Michael O. Leavitt and Stephen L. Johnson – all declined to comment.

When President Obama chose Ms. Jackson to head the E.P.A., many environmentalists and agency employees were encouraged. During his campaign, Mr. Obama promised to “reinvigorate the drinking water standards that have been weakened under the Bush administration and update them to address new threats.” He pledged to regulate water pollution from livestock operations and push for amendments to the Clean Water Act.

But some worry those promises will not be kept. Water issues have taken a back seat to other environmental concerns, like carbon emissions.

In an interview, Ms. Jackson noted that many of the nation’s waters were healthier today than when the Clean Water Act was passed and said she intended to enforce the law more vigorously. After receiving detailed questions from The Times, she put many of the State Review Framework documents on the agency’s Web site, and ordered more disclosure of the agency’s handling of water issues, increased enforcement and revamped technology so that facilities’ environmental records are more accessible.

“Do critics have a good and valid point when they say improvements need to be made? Absolutely,” Ms. Jackson said. “But I think we need to be careful not to do that by scaring the bejesus out of people into thinking that, boy, are things horrible. What it requires is attention, and I’m going to give it that attention.”

In statements, E.P.A. officials noted that from 2006 to 2008, the agency conducted 11,000 Clean Water Act and 21,000 Safe Drinking Water Act inspections, and referred 146 cases to the Department of Justice. During the 2007 to 2008 period, officials wrote, 92 percent of the population served by community water systems received water that had no reported health-based violations.

The Times’s reporting, the statements added, “does not distinguish between significant violations and minor violations,” and “as a result, the conclusions may present an unduly alarming picture.” They wrote that “much of the country’s water quality problems are caused by discharges from nonpoint sources of pollution, such as agricultural runoff, which cannot be corrected solely through enforcement.”

Ultimately, lawmakers and environmental activists say, the best solution is for Congress to hold the E.P.A. and states accountable for their failures.

The Clean Water Act, they add, should be expanded to police other types of pollution – like farm and livestock runoff – that are largely unregulated. And they say Congress should give state agencies more resources, in the same way that federal dollars helped overhaul the nation’s sewage systems in the 1970s.

Some say changes will not occur without public outrage.

“When we started regulating water pollution in the 1970s, there was a huge public outcry because you could see raw sewage flowing into the rivers,” said William D. Ruckelshaus, who served as the first head of the Environmental Protection Agency under President Richard M. Nixon, and then again under President Ronald Reagan.

“Today the violations are much more subtle – pesticides and chemicals you can’t see or smell that are even more dangerous,” he added. “And so a lot of the public pressure on regulatory agencies has ebbed away.”

Karl Russell contributed reporting.

Source: http://www.nytimes.com/2009/09/13/us/13water.html?_r=1&th=&emc=th&pagewanted=all

Army applies for permit to 'possess' depleted uranium

Army applies for possession permit, says it cannot remove depleted uranium

Aug 28, 2009 – 12:38 PM | by Austin Zavala | The Hawaii Independent | Ewa

For years, U.S. Army has denied there being any use of depleted uranium weapons on training grounds in Hawaii, until two years ago when rounds were found dating back to the 1960s. The military trained with an M101 weapon, also known as the “Davy Crockett,” firing off depleted uranium (DU) rounds up until 1968 when the weapon went obsolete. After finding DU on Schofield training grounds, the Army has limited the DU findings to the Barracks on Oahu and Pohakuloa of the Big Island.

Since the first discovery of the DU on the islands, the Army has submitted an application to the Nuclear Regulatory Commission (NRC) for a possession-only license of depleted uranium. According to the impact area characterization report from the Army, the amount of DU found is roughly 300 pounds over both training areas combining for more than 55,000 acres of land. This possessed amount requires the Army to hold a license by the NRC. Once the Army receives the possession-only license, they will need to implement the preplanned environmental monitory and physical security system that provides safety and protection of the public health.

The NRC, an independent federal agency that reports directly to Congress, takes the application and goes through a three-step review. They do a safety review then a security review that is put into a Safety Evaluation Report and lastly an environmental review is performed and documented. Once all three are completed, the NRC makes the decision on the application.

Submitted to the NRC on November 6, 2008, the application was accepted for review on August 3 of this year and the NRC is now the process of completing a Safety Evaluation Report.

On Tuesday, August 25, the NRC held a public meeting at Wahiawa District Park to inform anyone that was concerned with the Army’s license application. Present at the meeting were several members of the NRC, including project manager John Hayes and deputy director Keith McConnell. Some of the public in attendance ranged from surrounding community members near Schofield to Army personnel.

Since direct contact with depleted uranium can cause damage to the kidneys and lungs, there was much concern during the meeting on the monitoring system the Army will have and if it will entirely protect the public. However, the NRC assured the people in attendance that during their review process, they would make sure the monitoring system is suitable for the area.

Kyle Kajihiro, program director of the Hawaii American Friends Service Committee and DMZ-Hawaii, was in attendance and asked why the Army or NRC couldn’t just remove the depleted uranium from the area.

“To me it just sounds common sense, if I dropped a glass on the ground I would surround the area and pick it up and clean the entire area, so no one gets hurt,” Kajihiro said.

McConnell replied: “The DU found is not an issue of safety to the public because the levels of radiation and radioactivity of the DU is so low. Since the range is currently active, decommissioning is not possible. Until the training area is inactive or not being used, it can’t be fully cleaned up.”

Kajihiro also expressed concern that many ancient Hawaiian cultural sites might be affected by the proposed security systems.

Hayes of the NRC said protection of the cultural sites is something they are going to cover during the environmental assessment so that anything already protected by the State of Hawaii will be protected in the Army’s monitoring system.

If the U.S. Army receives the possession-only license for depleted uranium, it will cover both trainings areas on Oahu and Big Island. The NRC is tasked with making sure that the proposed systems by the Army are being performed and will make necessary changes if the public is inadequately protected. The public has until October 13 of this year to request a hearing by electronically filing a complaint or comment, before the application is approved or not.

To send in any public comments or for more information on the license application contact John Hayes at (301) 415-5928 or email him at john.hayes@nrc.gov. For more information on the Nuclear Regulatory Commission visit http://www.nrc.gov.

Source: http://www.thehawaiiindependent.com/local/read/Ewa/army-applies-for-possession-permit-says-it-cannot-remove-depleted-uranium/

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