An important health issue facing Hawaii is the military's contamination of Hawaii with radioactive depleted uranium munitions. We do not want Hawaii licensed by the NRC to possess DU and not clean up this contamination. Did you know Kona has a 12%higher cancer rate than Hilo? Why? Is it possible the community is being contaminated by military toxins carried on the wind? We want 24/7 air monitoring of Hawaii, especially downwind from live fire artillery ranges. The US military in Hawai'i Must Not be licensed to be a RADIOACTIVE NUCLEAR WASTE DUMP! Deadline for public comment to the NRC is Tues Oct 27, 2009. I know EVERYONE here loves Hawai'i so please act fast! And pass forward. FOLLOW THE LINK below The Big Island Hui to get up to speed fast ...
To get up to speed on this issue quick see http://thehui.wordpress.com/
Please help I'm very new here and only have a small list of contacts. Please write and submit a comment to the NRC...FOUR DAYS LEFT to make your comments to the Nuclear Regulatory Commission - Please do it now! Please forward!
Its simple.... just ask for independent monitoring for Pohakuloa and the eight other Training Ranges being granted a "permit to possess" depleted uranium, PLUS - an E.I.S., a formal hearing, decommissioning, and clean up of all ranges that have applied for a "permit to possess".
*EMAIL TO: john.hayes@nrc.gov BEFORE TUES. OCT. 27th ....MAHALO!
This is my testimony to the NRC is below and copy of Hawaii County Resolution 639-08
Dear Mr. Hayes,
Do Not Give the US Army a NRC license for Pohakuloa or any other base on any of our islands! Hawaii has already endured over 60 years of military toxic pollution. Enough already! Presently there is enough serious concern about the real extent of the radiation contamination up at Pohakuloa that the Hawaii County Council passed RESOLUTION 639-08 URGING THE UNITED STATES MILITARY TO ADDRESS THE HAZARDS OF DEPLETED URANIUM AT THE POHAKULOA TRAINING AREA. Passed by the Hawai'i County Council: July 2nd, 2008 (In its entirety below.)
The US military has not been honest with the public on this issue. In fact they have been caught in more than one lie. In fact they are involved more in misinformation and misdirection than giving our concerns any real value.
I was at Mauna Kea State Park on May 29, 2007 when private citizens armed only with Geiger counters got a radiation reading of 75cpm (when normal background radiation is 5 -20 cpm) This reading came off of dust devil gust of wind coming off the Pohakuloa Firing Range. This radiation reading suspended on the wind currents stayed elevated for several minutes before the reading fell back to normal levels. After the experience I thought... could a few hundred or a few thousand Davey Crocket tail fins used back in the 1960's cause such an elevation in radiation? I think not and fear the radiological contamination is far worst than the military would ever admit. This high reading was on a day that there was no live fire training going on at Pohakuloa. On any given day Saddle Road passing through Pohakuloa is like a wind tunnel 20 to 30 mph. Could that wind carry tiny particles of radioactive material over our communities? We won't know the full extent of that question until there is comprehensive transparent testing. We want to know the extent of the contamination at PTA.
The US military DOES NOT NEED A NRC LICENSE! The military needs to be a responsible steward of the land especially when sworn to protect the US public. The military needs to prove their toxic activity stay contained on the base. If it cannot be contained PTA must be decommissioned! Many representing the military have made newspaper headlines like..."No public health risk from DU at Pohakuloa" Hogwash! Show us the transparent data and follow the well thought out Hawaii County Resolution 639-08.
RESOLUTION 639-08 URGING THE UNITED STATES MILITARY TO ADDRESS THE
HAZARDS OF DEPLETED URANIUM AT THE POHAKULOA TRAINING AREA.
WHEREAS, in the early 1960's the United States Military used the
Pohakuloa Training Area for firing a formerly classified weapon, the
Davy Crockett recoilless gun, which has created the presence of
depleted uranium (DU) in the impact area at the U.S. Army Garrison,
Pohakuloa; and
WHEREAS, the World Health Organization has released several reports
and scientific studies concerning the health risks from exposure to
depleted uranium; and
WHEREAS, depleted uranium is a chemically toxic and radioactive heavy
metal with a half-life of 4.6 billion years; and
WHEREAS, depleted uranium emits radioactive alpha particles that can
cause cancer when inhaled or ingested and also cause kidney and lung
damage; and
WHEREAS, there is a public health need to ensure the safe storage,
disposal, and clean-up of munitions and other products or materials
containing depleted uranium at the Pohakuloa Training Area to protect
all residents of Hawai'i Island; and
WHEREAS, the United States Military is hereby requested, with
urgency, to address the potential hazards of depleted uranium at the
Pohakuloa Training Area with the following five-point plan:
1. Ordering a complete halt to B-2 bombing missions and to all live
firing exercises and other activities at the Pohakuloa Training Area
that create dust until there is an assessment and clean up of the
depleted uranium already present; 2. Establishing a permanent, high-
tech monitoring system with procedures to ensure air quality control;
3. Establishing a citizen monitoring system to work closely with
Military experts to assure transparency and community confidence; 4.
Hosting quarterly meetings to update and inform the public; and 5.
Ensuring permanent funds are available for the monitoring program;
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that the U.S.
Military will incorporate the five-point plan to address the
potential hazards of depleted uranium at the Pohakuloa Training Area.
BE IT FINALLY RESOLVED that the County Clerk shall forward a copy of
this resolution to Colonel Howard Killian, Deputy Region Director,
Army Installation Management Command-Pacific; all members of the
Hawai'i State Legislature; Senator Daniel K. Inouye; Senator Daniel
K. Akaka; Congressman Neil Abercrombie, and Congresswoman Mazie K.
Hirono.
Lindafaye Kroll BSN
lindafaye@alfsartgallery.comHPIM0081.JPG
cover_HIJ_Radioactive_US2.jpg
blog size.jpg
Replies
I hope you get this in time to read.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
ATOMIC SAFETY AND LICENSING BOARD
Before Administrative Judges:
E. Roy Hawkens, Chairman
Dr. Anthony J. Baratta
Dr. Michael F. Kennedy
In the Matter of
U.S. ARMY INSTALLATION COMMAND
(Schofield Barracks, Oahu, Hawaii, and
Pohakuloa Training Area, Island of Hawaii,
Hawaii)
Docket No. 40-9083
ASLBP No. 10-895-01-ML-BD01
December 17, 2009
ORDER
(Identifying Issues for Oral Argument)
This Board will hold oral argument on standing and contention admissibility issues
presented in the hearing requests received from Cory Harden, Isaac Harp, Jim Albertini, and
Luwella Leonardi (hereinafter referred to as Petitioners). Petitioners challenge the application of
the U.S. Army Installation Command (Army) for a Source Material License to possess depleted
uranium at the following two sites in Hawaii: Schofield Barracks, Oahu, and the Pohakuloa
Training Area, Island of Hawaii.1
Oral argument will be held in January 2010 at the Atomic Safety and Licensing Board
Panel’s hearing room in Rockville, Maryland. The Army and the Nuclear Regulatory
Commission (NRC) Staff will appear before the Board in the Rockville hearing room, and the
Petitioners will participate by either videoconference or teleconference.2 The Board is aware
1 See 74 Fed. Reg. 40,855 (Aug. 13, 2009).
2 Because Ms. Harden and Ms. Leonardi have indicated they wish to participate by
videoconference, the Board is in the process of locating a suitable videoconference facility.
The Board is awaiting responses from Mr. Albertini and Mr. Harp as to whether they wish to
participate by videoconference or teleconference.
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that members of the public in Hawaii have expressed an interest in this proceeding, and the
Board will therefore take steps to have the argument webstreamed for the benefit of those
individuals. The Board will issue a subsequent order setting the format of the argument, the
date and time of the argument, and the videoconference location.
The Board has identified below topical areas it wishes the participants to be prepared to
discuss at oral argument. In discussing these topics, and in otherwise answering questions and
presenting oral argument, the participants should not inject information, topics, or arguments
that are new or that differ in any significant respect from the information and arguments
contained in the original pleadings submitted to the Board. The following areas of concern are
not all-inclusive, and the Board may inquire into other matters raised in the participants’
pleadings.
A. All Petitioners
(1) Please provide the following information: (1) the address of your physical
residence; and (2) the distance from your physical residence to the closest
boundary of the Army Installation for which a possession-only depleted
uranium license is being considered by the NRC.
B. Isaac Harp
(1) In your petition, you indicate that the granting of this license would pose a
health threat to the land and residents of Hawaii. Please clarify the nature of
this threat as it applies to you, and specify the factual foundation for your
assertion of the potential for harm and injury.
(2) In your petition, you state the Army may have used depleted uranium
munitions in areas other than those discussed in the license application.
Please provide the factual foundation for this assertion, including any
information that would dispute the Army’s findings.
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(3) Your petition invokes Executive Order 12898 and demands consideration of
environmental justice in regard to the sites being considered in the subject
license application. Please explain in greater detail your specific claim in
regard to this specific executive order.
C. Luwella Leonardi
(1) Your petition asserts that dust plumes emanating from the Army installation
are responsible for health issues in your community. Please specify the
factual foundation for this concern, including the basis for a conclusion that (1)
the offending dust plumes emanate from the Army installation, (2) the dust
plumes are radioactive, and (3) there is a causal connection between the dust
plumes and health issues.
(2) Your petition alleges that the Army transported contaminated soil to your
community on the Waianae Coast. Please specify a factual foundation for this
allegation, including the destination and purpose of the alleged shipments,
their frequency, the length of time they have been occurring, and the nature of
and type of the alleged contamination.
D. Jim Albertini
(1) Please provide the factual foundation for the assertion in your petition that the
Army fails adequately to acknowledge the inhalation hazard of depleted
uranium oxide, including any information that would dispute the Army’s
findings.
(2) Your petition indicates you were present when radiation monitors spiked to 75
counts per minute during a dust storm at Mauna Kea State Park. Please
clarify the details of the event and explain why you attribute the spike to
depleted uranium from the Army installation.
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(3) Your petition indicates that you have visited the Mauna Kea State Park.
Please specify the distance of this park to the Army installation in question, as
well as the purpose, frequency, and duration of your visits.
E. Cory Harden
(1) The NRC Staff asserts that the material you submitted on October 30, 2009
should not be considered because it was filed after the October 27, 2009
deadline and it was not accompanied by a request or justification for submitting
it out of time. Please address the Staff’s assertion.
(2) Please clarify the contention(s) being pled in your October 30, 2009
submission.
(3) Please clarify the contention being pled in your October 9, 2009 submission.
F. Army
(1) Please clarify the quantity of depleted uranium that is involved and the degree
to which the Army has been able to identify the locations on the sites where
this depleted uranium is located. Regarding these two issues of quantity and
location, please address the Army’s confidence in both the quantity of material
and the possible locations, and the factual basis for such confidence.
(2) Please provide a map or other geographical depiction that (1) shows the
boundaries of the military installations, and (2) shows the area(s) within the
installations where depleted uranium exists. Please provide the distances
between the depleted uranium areas and the boundaries of the military
installations. The Army is directed to provide this to the Board and to serve it
on the other participants by January 5, 2010.
(3) Please clarify the nature of current and prospective activities on these two
installations with regard to live-fire exercises, and the location of such
exercises in relation to the depleted uranium areas. Please address whether
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the Army has a policy of maintaining a specific buffer distance between live-fire
exercises and depleted uranium areas.
(4) In regard to current site monitoring activities, please clarify what, if any,
monitoring is being performed for either airborne or groundwater radioactive
contamination. Please address the assertion in Ms. Harden’s submission that
the Army’s air monitoring program is based on “wrong protocols” and the
“Army is not getting enough sample to [distinguish] depleted uranium from the
natural [uranium because] . . . the sample size is too small.”
(5) In regard to the site characterization, please discuss the nature and results
from any aerial radiation measurements that may have been made from either
fixed-wing aircraft or helicopters. If aerial radiation surveys have been, or will
be, conducted, please describe the methodology that was, or will be, used.
(6) In regard to the assertions by the petitioners that contaminated soil is being
removed from the installation(s) please clarify what, if any, activities are
underway (or may be implemented in the future) to remove either depleted
uranium or soil containing depleted uranium.
(7) Please address when the Archives Search Report was made publicly available
both in print and on a website.
(8) The verified number of depleted uranium spotting rounds shipped to Oahu
from the Lake City Ordnance Plant was 714 rounds in April 1962, yet the
“worst case scenario" estimate of rounds used – based on training/qualification
criteria, as well as the number of spotting rounds ordinarily fired per practice
round – is 2,526 rounds. Please reconcile these two figures, and also address
the possibility that additional rounds may have been shipped to Oahu from
other ordnance depots.
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(9) Please address whether the Army intends to use depleted uranium munitions
in the future at the relevant military installations.
G. NRC Staff
(1) The Army’s application states that the “Army has not determined that the
Atomic Energy Act (Act) requires a possession-only license in the instant
situation,” but that it is nevertheless submitting an application to “promote
cooperation between our agencies and to the extent required by the Act.”
Please address whether the Army is required to have a license in this situation.
(2) Please explain the consequence if the Army is not granted a depleted uranium
possession-only license for the two sites in this proceeding.
(3) Please discuss the nature of license conditions that may be placed on the
Army as a possession-only license holder, including whether such conditions
could include the location and frequency of radiological monitoring, the ability
to remove depleted uranium (or soil that might contain depleted uranium) from
the site, and the permissibility of conducting live-fire exercises in areas where
depleted uranium may be present.
(4) The Staff states that Ms. Harden never specifies any injury-in-fact apart from
the possibility that “very different conditions may eventually be written into the
Army DU license" depending on the number of spotting rounds found to be
used. Because the dose associated with a quantity of radioactive material
depends on the amount present, please address how it is possible to
characterize with specificity an injury-in-fact if, as alleged by Ms. Harden, the
amount of radioactive material is unknown.
(5) The Staff states that Ms. Leonardi’s assertion that she has seen trucks from
Schofield Barracks unload debris containing radioactive soil directly in back of
her home is beyond the scope of this proceeding. Please address what the
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regulations say with respect to the disposal of material held under a
possession-only license.
(6) The Staff states that Mr. Albertini's contentions should be rejected because
they “fail[] to comply with the contention pleading requirements of 10 C.F.R. §
2.309(f)(1).” Please explain the basis of this statement, and identify with
specificity the provision of section 2.309(f)(1) that Mr. Albertini allegedly fails to
satisfy.
(7) Please address whether Commission regulations require an applicant to fully
characterize the type, amount, and location of material it will hold under a
possession-only license. Also, address what percentage of a site is usually
surveyed to determine a site’s characteristics, and what is the legal and/or
technical basis for the percentage.
(8) Please address whether documents referenced in a license application are
considered to be part of the application.
(9) Please address whether the telephone conversation that took place on
October 26, 2009 between the Office of the Secretary of the Commission and
Ms. Harden constitutes good cause for the allegedly late filing of her October
30, 2009 Addendum.
(10) It is claimed that (i) the Army’s presence at the relevant military
installations is illegal, and (ii) state or local laws may prohibit the Army from
storing/possessing depleted uranium in the open at these installations. Please
address whether the NRC Staff’s review of the Army’s possession-only license
application extends to such claims, and provide statutory and/or regulatory
support for your position.
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(11) Please address the claim that the NRC Staff should direct all military
forces, domestic and foreign, that have trained in Hawaii since 1940 to search
their classified and unclassified records for forgotten radioactive hazards.
(12) Please be prepared to address the standing analysis in the following
decisions as they relate to standing in this case:3
i. Commonwealth Edison Co. (Zion Nuclear Power Station, Units 1 and
2), CLI-00-5, 51 NRC 90 (2000);
ii. Crowe Butte Res., Inc. (Northern Trend Expansion Area), CLI-09-12,
69 NRC __ (slip op.) (June 25, 2009);
iii. Nuclear Fuel Servs., Inc. (Erwin, Tennessee), CLI-04-13, 59 NRC 244
(2004);
iv. Tenn. Valley Auth. (Sequoyah Nuclear Plant, Units 1 and 2; Watts Bar
Nuclear Plant, Unit 1), LBP-02-14, 56 NRC 15 (2002).
It is so ORDERED.
FOR THE ATOMIC SAFETY
AND LICENSING BOARD4
/RA/
E. Roy Hawkens, Chairman
ADMINISTRATIVE JUDGE
Rockville, Maryland
December 17, 2009
3 If a participant has difficulty accessing copies of the listed decisions, he or she may
request assistance from the Board’s law clerk by email, at katie.tucker@nrc.gov.
4 In addition to being filed through the e-filing system, copies of this Order were sent this
day by Internet email to: (1) Cory Harden; (2) Jim Albertini; (3) Isaac Harp; (4) Luwella
Leonardi; (5) counsel for the U.S. Army; and (6) counsel for the NRC Staff.
UNITED STATES OF AMERICA
NUCLEAR REGULATORY COMMISSION
In the Matter of )
)
U.S. ARMY INSTALLATION COMMAND ) Docket No. 40-9083-ML
)
(Depleted Uranium at Pohakuloa Training )
Area and Schofield Barracks, Hawaii) )
CERTIFICATE OF SERVICE
I hereby certify that copies of the foregoing ORDER (Identifying Issues for Oral Argument) have
been served upon the following persons by E-mail with additional service on representatives of the
NRC Staff and the U.S. Army Installation Command by Electronic Information Exchange (EIE).
U.S. Nuclear Regulatory Commission
Atomic Safety and Licensing Board Panel
Mail Stop T-3 F23
Washington, DC 20555-0001
E. Roy Hawkens, Chair
Chief Administrative Judge
E-mail: erh@nrc.gov
Anthony J. Baratta
Administrative Judge
E-mail: ajb5@nrc.gov
Michael F. Kennedy
Administrative Judge
E-mail: mfk2@nrc.gov
Katherine Tucker,
Law Clerk
E-mail: Katie.tucker@nrc.gov
U.S. Nuclear Regulatory Commission
Office of the General Counsel
Mail Stop O-15 D21
Washington, DC 20555-0001
Catherine Scott, Esq.
Kimberly Sexton, Esq.
Brett Klukan, Esq.
E-mail:
catherine.marco@nrc.gov
kas2@nrc.gov
brett.klukan@nrc.gov
OGC Mail Center: OGCMailCenter@nrc.gov
U.S. Nuclear Regulatory Commission
Office of Commission Appellate Adjudication
Mail Stop O-7H4M
Washington, DC 20555-0001
E-mail: ocaamail@nrc.gov
U.S. Nuclear Regulatory Commission
Office of the Secretary of the Commission
Rulemakings & Adjudications Staff
Mail Stop O-16C1
Washington, DC 20555-0001
E-mail: hearingdocket@nrc.gov
Docket No. 40-9083-ML
ORDER (Identifying Issues for Oral Argument)
2
U.S. Army Installation Command
Environmental Law Division
901 N. Stuart St., Suite 402
Arlington, VA 22203
Kent Herring, LTC, JA
E-mail: kent.herring@us.army.mil
Cory Harden
P.O. Box 10265
Hilo, Hawaii 96721
E-mail: mh@interpac.net
Malu ‘Aina Center for Non-violent
Education & Action
P.O. Box AB
Kurtistown, Hawaii 96760
Jim Albertini, President
E-mail: JA@interpac.net
Amelia Gora
P.O. Box 861781
Wahiawai, Hawaii 96786
E-mail: hawaiianhistory@gmail.com
Isaac D. Harp
P.O. Box 437347
Kamuela, Hawaii 96743
Imua-hawaii@hawaii.rr.com
Luwella K. Leonardi
85-1363 Halapoe Place
Waianae, Hawaii 96792
E-mail: phonicsworks@gmail.com
Angela Rosa
P.O. Box 43
Hawi, Hawaii 96719
E-mail: angelarosa48@hotmail.com
Barbara Moore
E-mail: dfly@dragonflyranch.com
[Original signed by Linda D. Lewis]
_________________________________
Office of the Secretary of the Commission
Dated at Rockville, Maryland
this 17th day of December 2009.
There's time to ask others to help if you need it? A lot of smart people in Maoli World... Kyle Kajehiro of www.dmzhawaii.org has done a lot of work on military toxins. Grab the State of Hawaii cancer map in my latest article and read the questions I ask. Not proof but common sense in my thinking. We need this video conference copied when it is done I know maoli world has people that can do that...
The tone I get from this... is that these guys are not going to take anyone here seriously that are not experts. My opinion only... But it definitely needs to be done. Hooray to you kiddo? It doesn't matter that you may not have a college degree... The State Legislatures never took me seriously and I do have a college degree. But am not an expert... We are just concerned residents. It doesn't matter but as much factual information that you can put together...In the 2004 EIS the military PROMISED NEVER to use and or Transport Depleted Uranium or Nuclear weapons in Hawaii...look at us now?... How many lies are we suppose to take? The EIS that's part of the factual record here in Hawaii, A copy should be at any main library. and You have the right to be a concerned resident.
Can you get pictures of the dumping? Do you know anyone with a geiger counter. Can you survey close to the dumping...How many households have serious illness?...Just ideas to throw around... I know you are under a lot of pressure. Everything is probably being monitored...Not paranoid just a realist... You've opened a big can of worms to them if you can produce any kind of proof.
C. Luwella Leonardi
(1) Your petition asserts that dust plumes emanating from the Army installation
are responsible for health issues in your community. Please specify the
factual foundation for this concern, including the basis for a conclusion that (1)
the offending dust plumes emanate from the Army installation, (2) the dust
plumes are radioactive, and (3) there is a causal connection between the dust
plumes and health issues.
(2) Your petition alleges that the Army transported contaminated soil to your
community on the Waianae Coast. Please specify a factual foundation for this
allegation, including the destination and purpose of the alleged shipments,
their frequency, the length of time they have been occurring, and the nature of
and type of the alleged contamination.
LET ME KNOW HOW I CAN HELP! I SUPPORT YOU! Put this section that pertains to your testimony and see if Maoli World people have pictures or any proof of this dumping? I'm online Monday through Friday lindafaye@alfsartgallery.com
Lindafaye
Hi Just wrote a long post but it got stuck in the saving mode. LET ME KNOW HOW I CAN HELP! My last article posted this week has the original cancer maps of 1989-1992 I think (dates) from the State of Hawaii. Remember the State of Hawaii is NOT looking at military toxins. But why is Oahu soooo sick! Why should paradise be soooo toxic? You'll need to make your case as a concerned resident but whatever proof you can provide would be good. Got Pics of dumping? Then how would you prove the civilian vehicles (independent contractors)are attached to military debris?...This is heavy and I know you are under a lot of pressure... let me know how I can help. On line Mon - Fri. I'll be ranking my brain for you this weekend. Ask others also...if you need help. Can you put a informal survey near the dumping. Just ask the residents is anyone in the household have a major or life threatening illness in the house? Powerful question canvas a neighborhood inWaianae near the dumping. Ask for volunteers in Maoli world. If I lived O'ahu I'd be there. These lawyers are slick and on the side of the military. It will be important to have your ideas and comments organized.
Lindafaye email lindafaye@alfsartgallery.com
ps I support the push for video conference...can you or do you know who can make copies of this conference.
I was just on Moku o Keawe for work. We did a Silversword outplanting in the upper Waiakea Forest Reserve, along the old powerline trail off Saddle Road. As we planted that morning I could hear what sounded like bombing or live fire training at Pohakuloa. We were down wind of that and trust me, I was uneasy about exposure to DU.
I am uneducated about this issue and appreciate whatever is posted on MW. Please continue to educate and inform on this site.
Mahalo nui,
Miliaulani
I've been out of the activist circle on this issue for 2 years and am just getting back into the action and this NRC public hearing came up. I had to testify yet one more time. We must not stop pushing for education and 24/7 air monitoring around all live fire ranges in Hawaii. Communities near live fire ranges on O'ahu are at a much higher risk because you're communities are closer to the live fire. Please write a short note to the NRC No License to Army and 24/7 air monitoring around all live fire ranges.
johnhayes@nrc.gov
I am here to make friends to those who can pass the message forward. Thank-you for your support.
www.alfsartgallery.com/protect_hawaii.html
www.alfsartgallery.com/tenfingers10toes.html
Malama Pono
Lindafaye