“Absence of proof doesn’t prove safety” – ATSDR coming under fire

The NYT article discusses the Agency for Toxic Substances and Disease Control Registry pattern of flawed and irresponsible investigation into the health hazard of environmental contamination.  After coming under strong criticism from government auditors, the ATSDR reversed its conclusions of “no threat” to public health in two contaminated military sites: Camp Lejeune and Vieques.   ATSDR is guilty of the same types of dismissive and sloppy science in several cases in Hawai’i: Lualualei, Pearl Harbor, and Depleted Uranium at Schofield and Pohakuloa.   They should reevaluate the studies done in those cases.

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http://www.nytimes.com/2009/11/30/science/earth/30agency.html?_r=2

Reversal Haunts Federal Health Agency

By MIREYA NAVARRO

Published: November 29, 2009

Earlier this month, a federal health agency backed away from its earlier findings that decades of explosive detonations by the Navy on the Puerto Rican island of Vieques posed no health hazards to residents.

It was the second time this year that the agency, the Agency for Toxic Substances and Disease Registry, changed its mind in a highly publicized case. Last April the agency, charged with analyzing public health risks from environmental contamination, rescinded its conclusion that contaminated drinking water at Camp Lejeune, N.C., posed no increased risk of cancer to adults.

Now the agency, part of the Health and Human Services Department, is facing tough scrutiny from Congress and the threat of reform legislation, with some lawmakers accusing it of cursory evaluations that often get the science wrong and ignore independent studies and community complaints.

A report last March by the staff of the House Science and Technology Committee’s Subcommittee on Investigations and Oversight found that the agency produced “deeply flawed” scientific reports. The Government Accountability Office, the Congressional investigative arm, is looking into how the agency reviews and validates its public health assessments in an evaluation expected to be completed by next spring.

“It seems to have gotten into their culture to do quick and dirty studies and to be too willing to say there are no public health consequences,” said Representative Brad Miller, Democrat of North Carolina and the subcommittee chairman. “People should be able to count on the government to tell them the truth.”

Created in 1980 as part of the legislation establishing the Superfund program, which administers the cleanup of the nation’s worst contaminated sites, the toxic substances agency evaluates the health risks at Superfund sites and carries out consultations in other cases of contamination. Its findings, based on available research and its own investigations, often determine the kind of treatment and compensation victims receive from polluters and the government.

But critics say that the agency, which works with the Centers for Disease Control and Prevention, has never recovered from problems identified in previous G.A.O. investigations in the 1980s and 1990s that found that it was inadequately staffed and that its health assessments were “seriously deficient.”

In a case that particularly shock some members of the House Subcommittee on Investigations and Oversight, the agency ruled in 2007 that trailers housing victims of Hurricanes Katrina and Rita posed no health risks, despite containing high levels of formaldehyde.

The evaluation was conducted at the request of the Federal Emergency Management Agency, which faced litigation from families complaining that fumes from the trailers were making them sick. The toxic substances agency later revised its findings, and FEMA acknowledged at a news conference that the formaldehyde levels were high enough to endanger trailer occupants’ health.

A spokesman for the toxic substances agency said Dr. Howard Frumkin, the agency’s director since 2005, was traveling out of the country and unavailable for comment. But in written answers to a reporter’s questions, agency officials said the agency had “a strong record of adhering to proven science to advance public health” and a commitment to revising previous findings in light of new technology and scientific discoveries.

Agency officials said they were currently reviewing conclusions in other cases but refused to name them or specify how many cases were being reviewed.

At a Congressional hearing on the agency in March, Dr. Frumkin said he recognized the need for improvement and had opened a national conversation with environmental and public health groups to examine the agency’s approach to chemical exposures.

He said that understaffing was an issue — the agency carries out about 400 health assessments and consultations each year with a staff of about 300 people and an annual budget of $74 million — but that a bigger challenge was that “definitive answers sometimes do not exist.”

In Vieques, a Superfund site, the toxic substances agency concluded in 2003 that the levels of heavy metals and explosive compounds found in the soil, groundwater, air and fish did not pose a health risk.

But after meeting with residents of Vieques and scientists who had done research on the island, the agency reversed course, saying it had identified gaps in environmental data that could be important in determining health effects and calling for additional monitoring.

In Camp Lejeune, another Superfund site, the toxic substances agency acknowledged that it had failed to account for high levels of benzene, a known carcinogen, in its findings a decade earlier and said it would investigate further. Former residents have filed claims for billions of dollars in damages over cancer, birth defects and other health problems for which they blame years of exposure to a water supply contaminated by an off-base dry cleaning business and other sources.

Some experts faulted the agency as equating the lack of proof with safe conditions.

“The absence of proof doesn’t prove safety, and that’s where I think they are off base,” said John Wargo, a professor of environmental risk analysis at Yale University who was consulted by the agency regarding Vieques and who recommended rescinding the conclusion of no hazard in that case.

Lawmakers like Mr. Miller also accuse the agency of acting out of political expediency in some cases, like that of the FEMA trailers. Mr. Miller said that one solution would be to require more peer review of the agency’s findings but that he would prefer that Obama administration officials undertook improvements without the need of legislation.

In the meantime, he and other members of Congress have called on Navy Secretary Ray Mabus to help victims now and have introduced bills to require the Department of Veterans Affairs to provide health care to them while the studies continue.

In Vieques, where local studies show unusually high rates of cancer, hypertension and other illnesses, most of the nearly 10,000 residents have sued in federal court to seek compensation and health benefits from the Navy.

Robert Rabin, a community activist on the island, welcomed this month’s announcement as a potential turning point. Mr. Rabin called the agency “a serious obstacle” to communities’ efforts to make the federal government pay for health damages and medical services.

Residents were now “cautiously optimistic” that their health claims might be settled, Mr. Rabin said.

City official says Mailiili Stream “was not used as a dump site”

A City official said that the illegal dumping of concrete debris in Mailiili Stream was to create a “temporary path”.  But they dumped this material over the course of two years!  Take a look at this photo below.  How temporary does it look to you?  The City did not obtain the required permit to dump the material. And now that the material is in the stream, a habitat for the endangered Ae’o (Hawaiian Stilt), the City cannot remove the material without the proper permits.

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Photo by Carroll Cox, EnviroWatch

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City official denies dump allegations

By B.J. Reyes

POSTED: 01:30 a.m. HST, Jul 03, 2009

A city administrator says crews were not using Mailiili Stream as a dump site for concrete, as alleged in a complaint being investigated by city, state and federal agencies.

Jeoffrey Cudiamat, director of facilities maintenance, told a City Council committee that the concrete was being used to “create a temporary path to provide maintenance to remove debris.

“It was not used as a dump site,” he added.

Cudiamat was called before the Council’s Public Safety and Services Committee yesterday but said he could not elaborate on exactly what was done and why because of the pending investigations into the activities at the stream.

Members asked Cudiamat to follow up with the committee to help provide a timetable on when the investigations might be completed.

“We don’t want to interfere with any of the investigations,” said Committee Chairman Donovan Dela Cruz, “but we want to make sure that the Council knows when these investigations are going to be completed so that we can follow up with the administration.

“There’s obviously community concern.”

The Army Corps of Engineers, state Department of Health and other agencies are investigating alleged illegal dumping of concrete at Mailiili Stream, frequented by endangered Hawaiian stilts.

Concrete rubble from sidewalk repairs reportedly was placed in the stream area to restore an access road along the bank that was used to cut brush. The Health Department says no permit was issued for the dumping.

The watchdog group EnviroWatch Inc. first reported the activity in the stream to the city.

Some work already has been done to clear the stream, but city officials say additional permits might be required to finish the removal.

Source: http://www.starbulletin.com/news/20090703_City_official_denies_dump_allegations.html

City Dumps Debris in Wai’anae Stream

Carroll Cox of EnviroWatch reported the City and County of Honolulu’s illegal dumping of concrete debris in Mailiili Stream in Wai’anae. On June 30, 2009, Cox spoke to students from the summer environmental justice institute Ka Makani Kai’aulu o Wai’anae and gave a tour of environmental justice impacts he has documented in the Wai’anae area.   One site the group visited was the Mailiili Stream dump site.

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Mailiili Stream dump site.  (Photos: Kyle Kajihiro)

You can see from the above photograph that concrete slabs and other debris were compacted along the shoreline and have filled much of the stream bed.   This stream flows through the 9000 acre Lualualei Naval Magazine and Radio Tower Facility, but most of the stream is dry.  The Navy tapped one of the water sources at the base of the mountain.  In this photo, there is a fence that cuts through the stream in the distance where the Navy occupied land begins, and antenna in the background.

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Source:  http://resources.edb.gov.hk/biology/english/images/bird/_hawaiian%20stilt.jpg

During the visit, several Ae’o (Endangered Hawaiian Stilt) were seen, obviously distressed.  The birds nest in the shallow water where the dumping occurred.  Below is an article from the Honolulu Star Bulletin about the illegal dumping by the City.

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City’s alleged dumping in stream investigated

By Gary T. Kubota

POSTED: 01:30 a.m. HST, Jun 16, 2009

A number of government agencies are investigating the alleged illegal dumping of concrete by the city in a stream frequented by endangered Hawaiian stilts on the Waianae Coast.

State Health Department spokeswoman Janice Okubo said the dumping of construction materials requires a permit and there are no permits on record for the work in her department.

“We haven’t issued any permits for that dumping,” she said yesterday.

The alleged dumping occurred in Maili at the Mailiili Stream, about two miles mauka of Farrington Highway.

City spokesman Bill Brennan said the city is also looking into the incident.

Brennan said his understanding is that concrete rubble from sidewalk repairs was placed in the stream area to restore an access road along the bank that was used to cut brush.

He said the city employees were unaware that a permit might have been needed for the work.

Brennan said heavy equipment removed material from the area Saturday and put it in a landfill.

“Apparently the area had not been maintained for some time and neighboring properties had used the city flood-control area and access roads along the top of the flood-control bank as storage and for their personal use and to let their horses run free,” Brennan said.

He said the city removed only the sidewalk material not in the stream.

He said the city might need a permit to remove the sidewalk material in the stream.

Other agencies investigating the dumping include the state Department of Land and Natural Resources and the Army Corps of Engineers.

Corps spokesman Dino Buchanan said his agency is investigating whether there was a violation and what, if any, fines might be levied.

The investigations were prompted by requests last week from the group EnviroWatch Inc.

EnviroWatch founder Carroll Cox said he received a complaint from city workers who told him that the dumping had been occurring on weekends for the past two years.

Cox said at least one high-ranking official in the city Department of Facility Maintenance was aware of the dumping and had told him some 100 truckloads had been dumped in the area.

“You can’t mistakenly dump something for two years,” Cox said.

Cox said he’s familiar with the area and knows of about 20 endangered Hawaiian stilts that built their nests in the wetlands area of the stream.

He said the concrete has narrowed the area of nesting and allowed predators such as mongoose and feral cats to have an easier time crossing wetland areas to get to the endangered birds.

Cox said although the city has accepted responsibility, he’s worried that city workers will try to clean the area without proper supervision.

He said the city needs to consult with a number of agencies and seek the proper permits for removal.

Cox said he was upset that the city was the violator and he felt officials needed to be held accountable.

“What kind of example are they setting for other people?” he asked.

Source: http://www.starbulletin.com/news/20090616_Citys_alleged_dumping_in_stream_investigated.html