Makua: Wildfires and Military Toxins

On September 28, a wildfire caused by an Army detonation of unexploded ordnance burned 100 acres in Makua Valley:

A fire burned about 100 acres of the Army’s Makua Valley training range Wednesday after it was started by workers who had detonated unexploded ordnance.

An Army spokesman said the detonation was part of a routine, ongoing cleanup operation. No one was injured. The fire was contained about 4 p.m.

No threatened or endangered species or native Hawaiian cultural sites were affected, according to an Army cultural resoucre official at the scene, the Army said.

This week, the court ruled that the Army failed to adequately study possible contamination of seaweed in the sea off Makua training area.  The Civil Beat reports “Army Can’t say Whether Hawaii Seafood Is Safe”:

Waianae-area residents still can’t be certain whether seafood they harvest off their shore is safe from dangerous levels of arsenic and lead. A federal judge has ruled that Army tests of possible contamination have fallen short and advocates for the community say more tests likely will be necessary.

Contractors hired by the U.S. Army to test whether 80 years of military operations had poisoned local residents’ seafood attempted to test seafood including fish, limu, sea cucumbers and octopus without diving into the water to collect specimens, according to an environmental law firm that sued the Army.

But the contractors never left the beach and the testing was inadequate, said David Henkin, an attorney with Earthjustice representing Malama Makua, a local community organization.

[…]

“What’s really sad is for a community to have to get into federal court and spend over a decade to battle the military,” said Sparky Rodgrigues, president of Malama Makua and a Vietnam veteran. “I went to battle hoping I wouldn’t have to come home to battle.”

Bullets and unexploded ordnance are strewn throughout the Makua Military Reservation where the Army has been doing military exercises since the 1920s. Residents worry that chemicals such as arsenic, lead, chrome and uranium from the artillery could be leaching into the soil and entering the ocean through runoff. Rodrigues said that the chemicals could also be released into the air and absorbed into plants.

The court order supplements an October 2010 ruling in which Mollway also ruled that the Army had failed to adequately test marine resources. While the military found high levels of arsenic in a previous test of seafood, officials didn’t test whether it was inorganic arsenic, and thus highly carcinogenic, or organic, which doesn’t pose a human health risk.

The 2010 ruling also said that the Army violated a separate settlement obligation to complete archeological surveys to determine whether cultural resources could be damaged by stray shells and mortar rounds.

The military has been banned from doing live round firing since 2004 and is unlikely to be able to resume the activities until the testing is complete.

Rodrigues said the military wasn’t being good neighbors “by contaminating the water, food source and environment.”

“The military takes from our community and doesn’t really give back,” said Rodgrigues.

READ THE FULL ARTICLE

 

Military studies Waikane Valley bomb cleanup

The Honolulu Star Advertiser published an article about the progress of unexploded ordnance (UXO) cleanup in Waikane valley in Ko’olaupoko district of O’ahu.

Waikane is a lush valley that is very significant in Hawaiian legend and history.  The name refers to the waters of the great deity Kane. Sites in the valley are referred to in ancient chants about creation. As this is a land of flowing streams, there are extensive lo’i kalo (taro fields).

Waikane was granted to the Kamaka family during the Mahele. But land speculators like Lincoln McCandless acquired vast amounts of land in Waikane and other areas like Makua, allegedly through illegal or unethical means.

During World War II, the military leased Waikane lands for training and promised to return the land in its original condition.  When the lands were returned to the Kamaka family, Raymond Kamaka began farming and working with youth.   But the bombs kept turning up.  Instead of cleaning up as promised, the Marines condemned the land over the objections of the family.

In 2003, the Marines announced that they planned to conduct jungle warfare training in Waikane and held community meetings.  The community turned out in large numbers to protest the plan and to demand that the military clean up the land and return it to the Kamaka family. The Marine corps abandoned its training plans for Waikane.  Several years later, it began the administrative process for closing and cleaning up the range.

The surrounding lands were also affected by training, but since they are currently in private hands, a different program called the Formerly Used Defense Sites (FUDS) program under the Army Corps of Engineers has the responsibility to conduct the ordnance removal.

The very fact that the munitions are being studied and removed is a win for the community.  What was once “too dangerous” and “too costly” is now within reach.  But the level of cleanup depends on the cost and feasibility analysis as well as the final land use.   This is where continued pressure is needed to ensure that the land is returned to Mr. Kamaka or to an entity that he designates to carry on the kuleana (responsibility) he solemnly swore to fulfill to his ancestors.

The Hawai’i congressional delegation can ensure that the cleanup is conducted to the highest level possible by ensuring that there is adequate funding to achieve the highest level of cleanup.

There are currently two cleanup operations underway in Waikane.  Under the Army Corps of Engineers FUDS program, a Restoration Advisory Board (RAB) has been established to oversee its portion of the cleanup. Under the Marine Corps, a separate Restoration Advisory Board has been established.  These RABs include military, government regulators and community members and provide input to the military on the cleanup process.   The meetings are open to the public.

The Army Corps of Engineers FUDS RAB will meet Wednesday, June 22, 2011 from 7-9 pm in the Waiahole Elementary School Cafeteria.

Below are excerpts from the Honolulu Star Advertiser article. The time line at the end has an error: the Marine Corps did not fence the Kamaka parcel in 1992 after it condemned the land.  It installed a fence some time after 2003, only after the community blasted the Marines for being hypocritical, i.e. claiming that the land was so dangerous it had to be condemned but never enclosing it with a fence.

Military studies Waikane Valley bomb cleanup

A Windward Oahu area littered with old munitions is being looked at by both the Marines and the Army

By William Cole

POSTED: 01:30 a.m. HST, Jun 19, 2011

WILLIAM COLE / WCOLE@STARADVERTISER.COM
Marine Corps officials and an ordnance removal technician view Waikane Valley in the vicinity of the ordnance impact area.
WILLIAM COLE / WCOLE@STARADVERTISER.COM
The Marine Corps said it is spending $1.37 million to investigate the 187-acre impact area in Waikane Valley where the majority of the munitions are located and to develop a feasibility study for cleanup options that is expected to be released in the fall. Here, a warning sign is posted at the edge of the Marine Corps’ impact area

More Photos

Up a rutted road in jungly Waikane Valley, past the old Ka Mauna ‘o ‘Oliveta Church, through a locked gate and beyond a security fence is the former Kamaka family farm, the now-defunct military training range that replaced it, and the long-held hope — going on decades now — that the land can be returned to the agricultural and cultural place it used to be.

Waikane Valley is one of dozens of former military training sites in Hawaii undergoing the slow, arduous and sometimes painful process that goes along with demilitarization.

Among those many sites, Waikane is considered by some to be a special place, and there’s been momentum in recent years to clean up the munitions that litter it.

The Marine Corps and Army Corps of Engineers are each conducting studies on removing ordnance from a total of 1,061 acres in Waikane Valley. Citizen advisory groups are asking Congress for millions in cleanup funds.

“Things seem to be moving in a good direction — at least things seem to be moving, which is a good direction,” said Windward resident and attorney David Henkin, who is on the two restoration advisory boards for the land.

Land in and around the former training area is valued as a cultural and natural resource. The city thought highly enough of the land in 1998 to spend $3.5 million for 500 acres to the southeast of the Marine Corps land that are intended to become the Waikane Valley Nature Park. A private landowner, Paul Zweng, bought 1,400 acres — part of which is in the former training area — for a proposed Ohulehule Forest Conservancy to preserve and restore the endemic flora and fauna in the valley, officials said.

[…]

Despite the potential risk, off-road vehicles tear up Waikane Stream, and pig hunters cut through the fence that surrounds the 187 acres still owned by the Marine Corps.

Between 1943 and 1953 the Army leased more than 2,000 acres in the Waiahole and Waikane valleys for jungle training; small arms, artillery and mortar fire; and aerial bombing, according to a recent Navy investigation.

In 1953, the Marine Corps took over, leasing 1,061 acres for live-fire training. The report said live fire “apparently” stopped in the early 1960s, and that the lease was terminated in 1976.

A Marine Corps clearance effort in 1976 removed 24,000 pounds of practice ordnance and fragments, and 42 unexploded munitions.

In 1984 the Marines came back and recovered 480 3.5-inch rockets from what is known as the Waikane Valley Impact Area. A 2009 site inspection turned up 66 shoulder-fired rockets, one 2.36-inch rocket and three rifle grenades.

The unexploded ordnance, or “UXO,” as it’s known, was so thick the Marines abandoned in 2003 a plan to conduct blank-fire jungle training in the valley, saying it was too dangerous.

Despite that, community members working with the military on continuing studies say there’s progress and hope that Congress will provide cleanup funding.

[…]

Two remediation efforts are taking place in Waikane Valley. The Marine Corps said it is spending $1.37 million to investigate the 187-acre impact area where the majority of the munitions are located and to develop a feasibility study for cleanup options that is expected to be released in the fall.

The Army Corps of Engineers, meanwhile, is working on 874 adjoining acres that contain fewer munitions as part of the FUDS program. In addition to a $1.34 million study, the Army Corps said it has a $1.94 million ordnance clearance effort under way with Environet Inc. focusing on two parcels totaling 44 acres.

Among the decisions the Marine Corps will have to make is whether to clean up the 187 acres it still owns and to what degree, as well as what to do with the land afterward.

While some community members have complained about the number of plans put forth and the length of time for the Marine Corps to address the issue, an email response from Marine Corps Base Hawaii to the Star-Advertiser said the latest “munitions response program,” which began in 2008, “is detailed and takes time to ensure potential risks to human health and the environment are thoroughly identified and appropriate cleanup action is selected.”

People have been injured and killed by mishandled munitions in Waikane Valley, though there have been no incidents recently, according to the Navy “remedial investigation” draft report issued in March.

In 1944, two people were killed and two others were injured when a 60 mm mortar discovered in the valley accidentally detonated, the report said.

Three children were injured in 1963 when a “souvenir” rifle grenade reportedly discovered in Waikane Valley exploded after it was thrown against a wall. There have been no other reports of injury attributed to munitions found in the valley, the report said.

Raymond Kamaka, 72, said his family owned and farmed the Marine Corps land as far back as 1850 through a deed from King Kamehameha III, and he still lays claim to it.

His great-great-great-grandmother, Racheal Lahela, who came from Waikane, was a half sister of Queen Liliuokalani, Kamaka said.

Kamaka recalled playing in the valley as a kid. “It was our playground. Up there we used to swim,” he said. He remembers three ancient heiau.

The government later said it needed the land for wartime training, leased it from the Hawaiian family, and said it would clean it up and return it afterward.

The lease was terminated in 1976, and the Marines conducted several cleanups. Kamaka, a one-time professional wrestler, returned to farm in the early 1980s. He grew taro and raised pigs and brought in schoolchildren for visits.

When munitions were found on the property’s higher reaches, the military condemned the land in 1989. Much of the family settled for $2.3 million in 1994 — but not Raymond Kamaka.

“Nobody settled with me,” said Kamaka, who claims to be the only rightful heir.

The ensuing years have been “hell,” Kamaka said. “I lost everything.” He went to jail for two years in disputes with the government over the land, he said.

He still expects to farm on the family land again one day.

“Am I gonna come back? Yes,” he said.

Kajihiro, who also is program director for the American Friends Service Committee, a Quaker organization that supports Native Hawaiian rights, said “there is some political will to do some cleanup (on the Marine Corps land). To what level is a question of cost.”

“We’re saying it should be cleaned up to the highest level possible to allow the broadest number of uses,” Kajihiro said. He added that those uses “need to be mindful of, and consistent with, Uncle Raymond Kamaka and his family’s vision and uses of the land — which were agricultural and cultural uses.”

LOOKING BACK

Waikane Valley’s history as a military training range:

Early 1940s
U.S. Army leases more than 2,000 acres in Waiahole and Waikane valleys and uses the property for jungle training, artillery, mortar, small arms fire, maneuvers and as a bombing range for air-to-ground fire.

1944
Two people are killed and two are injured by a 60-millimeter mortar discovered in the valley.

1953
Marine Corps leases 1,061 acres. Training includes small-arms fire, 3.5-inch rockets and medium artillery.

Early 1960s
Marines stop use of live fire.

1963
Three children are injured when a “souvenir” rifle grenade is thrown against a wall and explodes.

1976
Marines conduct ordnance clearance sweeps.

1984
Marines conduct additional ordnance clearance sweeps and remove 480 3.5-inch rockets.

1989
U.S. government acquires title to the 187-acre ordnance impact area.

1992
A perimeter chain-link fence is installed around the impact area.

2002
Marines propose conducting blank-fire training on the site.

2003
Marines abandon the idea when a study finds too much danger from unexploded ordnance.

2010
Marines conduct a “remedial investigation” on the 187-acre Waikane Valley Impact Area.

2011
U.S. Army Corps of Engineers is investigating ordnance on 874 adjoining acres and removing munitions from 44 acres within that parcel.

Source: U.S. Army Corps of Engineers; Marine Corps

 

"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.

'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

Pohakuloa Radiation Hearings

Last night several of us attended the Nuclear Regulatory Commission (NRC) public informational meeting in Wahiawa related to DU contamination in Lihu’e (Schofield) and the Army’s application for an NRC license to “possess” the DU material.   The presentations were informative about the regulatory functions of the NRC.  But is was frustrating to learn the limited authority (or political will) of this regulatory agency to impose stronger restrictions on the Army.  And more shocking was how nonchalant their attitude was about the hazard in Hawai’i.  When questions were raised about potential hazards of conducting training activities in an area contaminated with DU, one NRC panel member basically said that the NRC doesn’t agree that there is a risk.  I was blown away. This is supposed to be an independent regulatory body?

NRC documents related to this docket can be accessed at:

http://www.nrc.gov/reading-rm/adams/web-based.html

  • Select “Begin ADAMS search”
  • Select “Advanced Search”
  • Enter Docket Number “04009083”

Comments on the Army’s license application can be sent to:

John Hayes
US Nuclear Regulatory Commission
Two White Flint North, Mail Stop T8F5
11545 Rockville Pike
Rockville, MD 20852-1738

Telephone (301) 415-5928
Fax: (301) 415-5369
Email: john.hayes@nrc.gov

DEADLINE to request a hearing is October 13, 2009.

Jim Albertini sent out this call to attend Nuclear Regulatory Commission public meetings in Kona and Hilo.   Anyone on the Big Island, please come out to demand a halt to training activities in the contaminated areas and the clean up of the DU and the hundreds of other military toxics in Hawai’i!

>><<

Pohakuloa Radiation Hearings

Wednesday, Aug. 26, 2009 Time: 6 – 8:30 PM

Place: King Kamehameha Kona Beach Hotel


Thursday, Aug. 27th Time: 6 – 8:30 PM

Place: Hilo High School Cafeteria

Come out and express your concern for the health and safety of the people and the aina.

The U.S. Nuclear Regulatory Commission (NRC) will be holding hearings in Hilo and Kona this week on Depleted Uranium (DU) radiation at the l33,000-acre Pohakuloa Training Area (PTA), located on so-called ceded lands — Kingdom of Hawaii occupied/stolen lands. The Army is seeking a license from the NRC to allow the radiation from weapons training to remain in place. That’s the Army’s polite way of saying it wants a formal OK to do what it has already done — establish a radiation waste dump in an active bombing range in the heart of Hawaii Island.

Some background: It has been confirmed that hundreds, perhaps over 2,000, Depleted Uranium (DU) spotting rounds have been fired at PTA for just one weapon system — the Davy Crockett back in the l960s. Davy Crockett DU rounds were also fired on Oahu at Schofield Barracks, possibly Makua Valley and elsewhere in Hawaii. The Army disclosed it also fired Davy Crockett DU rounds at several locations in at least 9 other states and three foreign countries. Other DU rounds from many other weapon systems may have been fired over the past 40 years at PTA and other sites in Hawaii, since the number and types of DU munitions in the U.S. arsenal has increased dramatically.

Ongoing live-fire at PTA (millions of rounds annually) risks spreading the DU radiation already present. DU is particularly hazardous when small burned oxidized particles are inhaled. The Hawaii County Council, more than a year ago, on July 2, 2008, called for a halt to all live-fire and other activities at PTA that create dust until there is an assessment and clean up of the DU already present. 7 additional needed actions have also been noted by the Council. The military has ignored the Council and continues live-fire and other dust creating activities at PTA, putting the residents of Hawaii Island at risk, since no comprehensive testing has been completed.

It is now up to the people to sound the alarm. Seize this opportunity to speak up now, not only for your own safety but for our keiki and the aina, and for generations to come. Isn’t it time for the State of Hawaii to cancel the military’s land lease at Pohakuloa. Pohakuloa was never meant to be a nuclear waste dump. Mahalo.

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

Conrow: Toxic Shadows

Mahalo to Joan Conrow and Jimmy Trujillo for having me on their KKCR radio program “Out of the Box” to discuss military environmental contamination in Hawai’i.   Joan wrote a post on her blog about the conversation.

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http://kauaieclectic.blogspot.com/2009/07/musings-toxic-shadows.html

Saturday, July 4, 2009

Musings: Toxic Shadows

The high-pitched whine of aerials last night and a couple of pre-dawn
firecrackers this morning served as warning of the fireworks free-for-all in
store tonight. Koko isn’t keen on snap, crackle, ka-boom and pop, so we¹ll
dig out of here before things get too wild and she turns into a trembling,
slinking, miserable little pup.

Then come tomorrow, we¹ll see the remains of the frenzy in the red paper,
pieces of wire and other debris littering the roads, yards and beaches,
washing into the ocean, settling on the reef.

It seems that everything connected with the military, even the observance of
our nation¹s independence, has its toxic residue.

Kyle Kajihiro, program director of the American Friends Service Committee
and DMZ Hawaii, and Bob Nichols, a journalist in the San Francisco Bay Area,
outlined the extent of the military’s dirty footprint on Hawaii on the
recent KKCR show that Jimmy Trujillo and I hosted.

The U.S. has some 161 military facilities throughout the Hawaiian Islands,
and as Kyle noted, they create “a toxic shadow that affects the surrounding
communities.” Hawaii has 800 to 1,000 military-contaminated sites, many of
them around Pearl Harbor.

While the contaminants at these sites all have environmental and human
health implications – none of them good – what I found especially alarming
was the revelation that the military also has introduced so-called “depleted
uranium,” or DU, to the Islands.

For a more thorough understanding of just what this is all about, check out
Bob’s article on the radioactive uranium that American weapons have
unleashed in Iraq. The piece won a 2005 Project Censored award.

When weapons made with uranium components are shot or exploded, they create
Uranium Oxide Dust (UOD). And as Bob explained on the radio show, the
particles are so tiny, they can penetrate our skin and clothing, even
protective gear that is intended to prevent radiation exposure.

Kyle said that documents obtained under the Freedom of Information Act and
through litigation indicate the military engaged in classified weapons
testing in Hawaii, including the Davy Crockett, one of the smallest nuclear
weapons ever built.

These weapons were possibly used at the Army’s training facilities at Makua
on Oahu, the island of Kahoolawe (which served as a bombing target for some
50 years) and the Big Island’s Pohakuloa, where “DU” has been detected.
Additionally, Kyle said, evidence has come to light that the Army used
weapons with uranium components at Schofield, also on Oahu.

“This goes against what the Army has said for many years,” he said. In other
words, the military has consistently denied using these materials in Hawaii
– until it got busted and the truth was revealed.

But just because the military’s dirty little secret is now public doesn’t
mean that anything has changed. Kyle has attempted to learn more about the
extent of radioactive contamination by filing numerous FOIA requests.
They’ve all been ignored by the military, which is meanwhile seeking permits
to avoid cleaning up its radioactive mess.

And that raises a key question: can microscopic particles that are easily
blown about by the wind ever be cleaned up? And even if they could be, how
much is being re-introduced by the troops and equipment returning from Iraq,
where we know this stuff has been used?

That leads to another question: what is UOD doing to the health of American
troops, the people of Iraq and the citizens and visitors of Hawaii? Bob said
these particles cause cancer wherever they settle in the body, and other
maladies as well.

But the military is using the same strategy of denial it followed when
confronted with veterans sickened by Agent Orange – tested years ago in
Wailua and used extensively in Vietnam, Laos and Cambodia – and suffering
from Gulf War syndrome.

What¹s more, Kyle said Hawaii’s Congressional delegation has expressed
absolutely no interest in the DU issue, and a bill that would have called
for DU monitoring in areas around military installations died quietly in the
state Legislature.

Meanwhile, even though the military has made numerous messes in Hawaii, most
of which have never been cleaned and likely never will, it is still seeking
to expand its presence in the Islands, especially on Kauai, which I wrote
about for the Honolulu Weekly.

And why? Who is the big enemy we¹re facing? It’s not Russia any more, and
China could bring us to our knees simply by refusing to buy any more of our
bonds.

Our huge standing military, and the activities it’s carrying out all around
the world, is costing taxpayers a fortune. It¹s also taking a huge toll on
human lives, both our own soldiers, who are killed and maimed in combat and
committing suicide at unprecedented rates, and the civilian populations that
are increasingly being targeted.

So on this, the day set aside to celebrate America’s freedom from the
tyranny of the British colonial power, it seems appropriate to re-examine
the true price we’re paying for having the world’s largest military and
remember the words of John Quincy Adams:

“We are friends of freedom everywhere, defenders only of our own.”
Posted by Joan at 1:02 PM

Findings of Camp Lejeune contamination study questioned

The U.S. government issued another report that concludes there is uncertainty about the link between contamination of groundwater at Camp Lejeune and diseases among the residents.  All this really proves is that the conditions in the environment and in human bodies that might affect health are so complex that science is unable to determine direct causal links.   It reflects more the inadequacy of science to fully understand the complex process of disease formation.  And it underscores the argument for precautionary principle to guide decision making when there is reasonable suspicion that a contaminant may have an effect on health, even if direct causation cannot be proven.    The contaminants of concern at Lejeune are TCE and PCE, two chemicals found in the groundwater in Aiea and Wahiawa due to military contamination.   And the issue of childhood leukemia was a concern that arose in Lualualei in the early 1990s.   Hawai’i needs to pay attention to this.

Jun. 13, 2009 3:05 PM EDT

Lejeune water study finds no definite disease link

RALEIGH, N.C. (AP) – Contaminated drinking water at Camp Lejeune can’t definitively be linked to health problems among people who lived at the Marine base over three decades, according to a government report released Saturday.

Former residents of the base in eastern North Carolina don’t have diseases different from the general population and the industrial solvents that tainted well water there between the 1950s and 1985 were at concentrations that don’t cause obvious harm to human health, according to the report ordered by Congress and released by the National Research Council.

But the 341-page report, which reviews past studies of the base’s water and health issues there, said there are severe challenges in trying to connect the contaminants to any birth defects, cancer and many other ailments suffered by people who lived and worked on base.

It “cannot be determined reliably whether diseases and disorders experienced by former residents and workers at Camp Lejuene are associated with their exposure to contaminants in the water supply,” the report states.

“Even with scientific advances, the complex nature of the Camp Lejeune contamination and the limited data on the concentrations in water supplies allow for only crude estimates of exposure,” David Savitz, chairman of the committee that wrote the report, said in a statement.

The study says the Marines and Navy shouldn’t wait for more scientific studies before deciding how to deal with health problems reported by former base residents. And it calls into question the value of further studies.

“It would be extremely difficult to conduct direct epidemiologic studies of sufficient quality and scope to make a substantial contribution to resolving the health concerns of former Camp Lejeune residents. Conduct of research that is deficient in those respects not only would waste resources but has the potential to do harm by generating misleading results that erroneously implicate or exonerate the exposures of concern,” it states.

A Marine Corps spokesman, 1st Lt. Brian Block, said the service would study the report before making a statement.

“After a thorough review of the report, we will determine what the next appropriate steps are,” he said.

One longtime critic of the military’s handling of the issue said he wanted to question the study panel, which he said didn’t have all the information it needed about contaminants.

“This is a whitewash of the facts,” said Jerry Ensminger, a retired Marine whose daughter was conceived on Camp Lejeune and died of childhood leukemia in 1985 at age 9.

Water was contaminated by dry cleaning solvents and other sources at the base’s major family housing areas – Tarawa Terrace and Hadnot Point, the report said. Health officials believe as many as 1 million people may have been exposed to the toxins tricholorethylene (TCE) or perchloroethylene (PCE) before the wells were closed 22 years ago.

But the sizeable number of people in those housing areas did not suffer more than “common diseases or disorders,” said the study by the working arm of the National Academy of Sciences.

“The lowest doses at which adverse health effects have been seen in animal or clinical studies are many times higher than the worst-case (highest) assumed exposures at Camp Lejeune. However, that does not rule out the possibility that other, more subtle health effects that have not been well studied could occur, although it somewhat diminishes their likelihood,” it states.

North Carolina’s senators have said they will seek details about the contamination from the military. Calls to the offices of Senators Kay Hagan, D-NC, and Richard Burr, R-NC, were not immediately returned Saturday.

Hagan said last month she and Burr were asking the Navy for details about gaps in information.

Federal health officials withdrew a 1997 assessment of health effects from the contamination at Camp Lejeune because of omissions and scientific inaccuracy. The assessment said the chemicals posed little or no cancer risk to adults who were exposed to the past water contamination at Camp Lejeune.

Source: http://hosted2.ap.org/HIHON/513d3d78dabe49cd99f8480d90b4f0a2/Article_2009-06-13-US-Toxic-Tapwater/id-p5fd93d01f20946e98ad4479aef5e9de7

Dumping of contaminated military waste discussed by Nanakuli-Ma'ili Neighborhood Board

Posted on: Tuesday, March 17, 2009

Neighborhood Board to discuss landfill tonight

Advertiser Staff

The Nanakuli-Ma’ili Neighborhood Board will discuss the dumping of contaminated waste by the military at the PVT Landfill at its meeting from 7 to 9 to-night at Nanaikapono Elementary School.

Representatives from the Air Force, U.S. Rep. Mazie Hirono’s office, PVT Landfill, the Environmental Protection Agency, the state Department of Health and elected officials will be on hand to discuss the issue and answer questions from the community.

Claim forms from residents who have sustained dust and dirt damage to their homes and properties from the PVT Landfill will be collected at the meeting.

Source: http://www.honoluluadvertiser.com/article/20090317/NEWS25/903170329/1318

Northern Mariana Mayor concerned about impacts of military expansion

Northern Mariana Mayor Miffed at Military

500-page plan wasn’t shared with Mayor Valentin Taisakan

By Emmanuel T. Erediano

SAIPAN, CNMI (Mariana Variety, March 12, 2009 )-Northern Islands Mayor Valentin I. Taisakan is disappointed with the U.S. armed forces for not sharing with his office information regarding the military’s plans for the Northern Islands.

Retired U.S. Navy Cmdr. Edward J. Lynch, program manager of the Mariana Islands Range Complex, visited the Northern Islands Mayor’s Office last month to discuss this issue with Taisakan.

The mayor’s office was given the draft environmental impact statement for the Mariana Islands Range Complex, and Taisakan has until March 16 to comment.

But Taisakan said the deadline does not give them ample time to review the 500-page document..

“Nonetheless, it is important that we present our concerns on these issues with hope that they will be given serious consideration,” the mayor said in his letter to Lynch.

Taisakan said he is concerned about the target range on Farallon de Medinilla, harmful or deadly materials, toxic waste and local fishermen deprived of their livelihood source.

[PIR editor’s note: Hawaii’s Kahoolawe island off Maui served as a military target for decades until, under growing pressure, the island was returned to the state and to native Hawaiians for rehabilitation. While segments of the island have been cleared of live munitions at great cost to the military, the island might never be safe for habitation.]

Lynch, during the briefing last Feb. 23, assured the mayor’s office of the minimal effect of the military exercises on the marine resources.

But Taisakan said it is not clear whether the area to be covered by the military activities will extend up to 10 miles, including the existing three miles from the shore, or there will be another 10 miles.

Although he recognized the need for expansion, Taisakan reminded the military of the Covenant provision stating that such expansion “shall not exceed 206 acres.”

Taisakan is also opposed to any use of any machinery, equipment, tools and weaponry that deal with chemical or any materials harmful and deadly to the people and environment.

He noted that Farallon de Mendinilla is one of the best areas to fish and the expansion of military exercises there may restrict or limit fishing activities.

Taisakan also expressed concern about the possibility that more fish may become toxic.

He said some fish species turned toxic after World War II and it was believed that unexploded ammonization sunken ships and other hazardous materials used in the war were the cause.

Marianas Variety: http://icnmi.com

Bellows Landfill cleaned up?

Waimanalo community leaders invite supporters to attend the ceremony for the blessing of the fishpond:

Saturday, February 21, 2009, Meet up at 8:45 am at the Jack in the Box in Waimanalo. Then proceed to the Bellows gate.  Hawaiian flags and signs encouraged.  Bring cameras.  Urge the return of the fishpond to Kanaka Maoli. Contact: Kawehi at kawehi11@yahoo.com.

The military issued a press release today claiming that the clean up of a landfill at Bellows Beach in Waimanalo was complete.  See the article in today’s Honolulu Advertiser below.  But there’s more to this story.   The Waimanalo community fought to get the site cleaned up.  The Air Force initially planned to cap it.  But a clue to what may have tipped the scale to get the clean  up moving is contained in the article:

The Marine Corps then requested funding to remove the landfill in order to use the previously unusable training area

On a recent visit to the clean up site sponsored by the Waimanalo Restoration Advisory Board, we saw the oily water and soil that was excavated from the beach.  We also saw remnants of a loko i’a, an ancient Hawaiian fishpond, the first actual physical evidence of fishponds in Waimanalo to corroborate oral histories.  However the walls of the loko i’a were buried under other parts of the base and would not be restored, only reburied.   The military apparently used the walls of the fishpond to contain their landfill during the 1940s. The Waimanalo community is calling for the fishpond to be restored and returned to the Kanaka Maoli people.

We also learned that practice munitions and the shells from live munitions were found improperly disposed of in the landfill.  When asked, the contractors said that they did not test for the chemical constituents from munitions.  So we don’t know whether the soil and water were contaminated with munitions residue.  The other shocking news was that the contaminated soil from the landfill was being trucked to Nanakuli and dumped in the PVT landfill.  Wai’anae residents were unhappy when they learned that military contamination was being moved from one Hawaiian community to another.

There are several other contaminated sites in Waimanalo. One that the Air Force has refused to address is a cave known from Hawaiian legends, that was used for a dump.   Despite persistent efforts of the Kanaka Maoli community to restore the cave, the Air Force insists that it cannot reopen a project that has been closed without special legislation to do so.

Friday, February 20, 2009

Bellows Beach landfill cleanup done

Advertiser Staff

Kaneohe Marines, Air Force personnel and Congresswoman Mazie K. Hirono will be at a brief blessing ceremony tomorrow at 9:30 a.m. to mark completion of the clean-up of a former landfill at Marine Corps Training Area Bellows, the Marines said today in a news release.

The landfill, known as “LF24” was located on property previously assigned to the U.S. Air Force, then transferred to the Marine Corps in 1999. As part of the transfer process, the Air Force was required to conduct environmental investigations.

These investigations determined the site was not eligible for Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) funding. The Marine Corps then requested funding to remove the landfill in order to use the previously unusable training area, as well as prevent any buried refuse at the site from unintentionally eroding into the ocean.

Waimanalo residents lobbied the military services to clean up the site, and the requested funds were eventually made available in August, 2007, when Hirono helped earmark $2M in Marine Corps funds to clean up the World War II era landfill. The Marines received the $2M in December 2007 and immediately transferred these funds to the Air Force, whose familiarity with the site and expertise were well documented.

The Air Force selected CH2M Hill as the contractor for the clean-up based on their qualifications and familiarity with the site. Part of the contract emphasized sub-contracting local small businesses. In all, of the 13 sub-contractors used for the project, 11 were based in Waimanalo or the Hawaiian Islands.

The Air Force’s Environmental Restoration department at Hickam Air Force Base led the project and hosted Marines from Marine Corps Base Hawaii, the Hawaii Dept. of Health, members of the Waimanalo community and other key organization personnel as part of a Key Stakeholders Working Group which helped with project oversight.

Source: http://www.honoluluadvertiser.com/article/20090220/BREAKING01/90220072

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