***************************************************************** 01/12/05 **** RADIATION BULLETIN(RADBULL) **** VOL 13.8 ***************************************************************** RADBULL IS PRODUCED BY THE ABALONE ALLIANCE CLEARINGHOUSE ***************************************************************** Send News Stories to news@energy-net.org with title on subject line and first line of body NUCLEAR POLICY 1 [NYTr] WMD Hunters Still in Iraq, Now Hunting Resistance 2 Guardian Unlimited White House: Iraq Weapons Search Has Ended 3 Las Vegas SUN: U.S. Ends Fruitless Iraq Weapons Hunt 4 Guardian Unlimited: EU revives negotiations with Iran after WMD 5 The Australian: UN nuclear inspectors in Iran 6 PRAVDA.Ru: Russia and Iran join efforts to struggle against invasion 7 Xinhua: Iran to resume uranium enrichment in near future 8 [NYTr] Risk of Nuclear War Growing, N.Korea Warns 9 Guardian Unlimited: U.S. Congressmen Meet N. Korean Officials 10 Korea Herald: U.S. ambassador Hill may become main nuclear negotiato 11 INSIDE JoongAng Daily: North Korea rejects so-called Libya model 12 US: Las Vegas SUN: Chemical Weapons Program to Face Cuts 13 US: Deseret news: A bevy of environmental issues on agenda 14 US: New Scientist: 'Make or break' year for nuclear non-proliferati 15 US: NRC: Donald A. Barbour, Philotechnics; Denial of Petition NUCLEAR REACTORS 16 [DU-WATCH] monitoring Chernobyl 17 US: Guardian Unlimited: NRC Drops Fine Against Tennessee Valley 18 US: Portsmouth Herald: Bush looks to promote nuclear power 19 ITAR-TASS: Chernobyl accident veterans to resume hunger strike in St 20 US: Newsday: New York official threatens lawsuit over Millstone impa 21 US: NRC: Carolina Power & Light Company; Brunswick Steam Electric Pl NUCLEAR SAFETY 22 US: DEMOCRACY BETRAYED 23 US: [DU-WATCH] WAMC Roundtable Segment on Depleted Uranium 1/6/05 24 US: [du-list] Never mind the Depleted Uranium, taste the 25 kitsapsun.com: Admiral's e-mail says nuclear submarine impact was "i 26 US: Bradenton Herald: Chao vows to hasten injury compensation 27 US: Las Vegas SUN: Sick Test Site workers may get paid more quickly 28 US: NRC: NRC Hearing Process on Pa. Irradiator Concludes 29 US: Tri-City Herald: 100 sick worker cases being paid 30 US: SF Chronicle: U.S. to speed payouts on lab worker claims 31 MSNBC: Russian study links rocket fuel, health woes 32 US: NRC: NRC Extends Opportunity to Request Use of New Standard for 33 US: NA: Report assesses health implications of perchlorate exposure 34 US: Paducah Sun: Paducah sick worker NUCLEAR FUEL CYCLE 35 [NukeNet] Laser Enrichment 36 US: [us-water-network] Panel contends perchlorate safer than EPA 37 US: Hearings on rad waste; Exelon Nuclear face lift 38 US: PCNH: Brush Wellman reaches $276,289 settlement with Ohio EPA - 39 UPI: Russian nuclear fuel worries Japan - 40 US: Las Vegas RJ: EDITORIAL: An encouraging report 41 US: Las Vegas SUN: Administration asked opinion on nuke waste case 42 Las Vegas SUN: State amends Yucca silica suit 43 US: dBusinessNews: Parsons Awarded Army Environmental Cleanup Contra 44 US: Jackson Hole Zone: Back DOE to reveal nuke waste numbers 45 DOE: Yucca Mountain in Nevada. meeting 2/9/5 NUCLEAR WEAPONS US DEPT. OF ENERGY 46 Rocky Mountain News: Quick action promised to nuke workers 47 DenverPost.com: Flats families await U.S. aid 48 Seattle Post-Intelligencer: Hanford arguments heard 49 ABQjournal: LANL Shutdown Cost Review Sought 50 Albuquerque Journal: LANL Shutdown Cost Review Sought 51 Cascadia Scorecard Weblog: The Hanford Files 52 EPA: Hanford waste charactorization headed to WIPP OTHER NUCLEAR ***************************************************************** ***************************************************************** FULL NEWS STORIES ***************************************************************** ***************************************************************** 1 [NYTr] WMD Hunters Still in Iraq, Now Hunting Resistance Date: Wed, 12 Jan 2005 19:06:37 -0600 (CST) Via NY Transfer News Collective * All the News that Doesn't Fit [BBC reports that the "Iraq Survey Group" set up to find WMDs is still hard at work in Iraq, but now they're hunting the Resistance which, unlike the mythical WMDs, definitely does exist!] sent by Simon McGuinness BBC News Online - Jan 12, 2005 http://news.bbc.co.uk/go/pr/fr/-/1/hi/world/americas/4169107.stm US gives up search for Iraq WMD [without finding any] Intelligence officials have confirmed the US has stopped searching for weapons of mass destruction in Iraq. They say the chief US investigator, Charles Duelfer, is not planning to return to the country. Mr Duelfer reported last year that Iraq had no stockpiles of chemical or biological weapons at the time of the US-led invasion nearly two years ago. The existence of WMD had been the stated reason in Washington and London for going to war with Iraq. Mr Duelfer said when he released his interim report in October that former Iraqi leader Saddam Hussein had still had the desire to restart WMD programmes. He will make a few adjustments to his report but he will close the book on the hunt when the final version is published in a few weeks, says the BBC's Nick Childs in Washington. Officials are still sifting through a mountain of documents and say they will follow any leads they find but there is no expectation that the hunt will be revived. The Iraq Survey Group (ISG), which was responsible for the search, continues its work but with the focus now on trying to help counter the Iraqi insurgency. White House spokesman Scott McClellan said Wednesday's announcement was nothing new and that Mr Bush had referred to the end of the search last year when Mr Duelfer's interim report came out. But a report earlier on Wednesday in the Washington Post newspaper stating the search was over led to what appeared to be a confirmation by the spokesman. Asked if the ISG had stopped actively searching for WMD, Mr McClellan said: "That's my understanding... A lot of their mission is focused elsewhere now." 'Expected' Former US inspector David Kay told the BBC's Radio 4 PM programme this was the expected outcome: "You cannot believe how hard it is to motivate people in the field who know that all they are doing is going through busy work motions because they themselves know there are no weapons there. "I faced that over a year ago with a team that essentially knew that we were right when we said they were no weapons." He said the ISG's document search would now focus on the continued insurgency in Iraq and the money flow issue surrounding the oil-for-food programme. Former head of UN weapons inspections Hans Blix also said there was no surprise in the announcement. "We have believed that there weren't any weapons since around May or June 2003. First came David Kay in September 2003 [who said] that he hadn't found any weapons and that was a big sensation - but he thought that there were programmes still," he told the BBC. "But then came Duelfer last November [who] said that he hadn't seen any programmes, but maybe Saddam would have intended to restart the programme, and there is no evidence of that. Mr Blix said he assumed it would be natural for the United States to now report their finding to the UN Security Council "because the US took the inspections out of the hands of the UN to undertake it themselves". ******** IRAQ SURVEY GROUP Set up in May 2003 First leader, David Kay, quit in Jan 2004 stating WMD would not be found in Iraq New head, Charles Duelfer appointed by CIA 1,200 experts from the US, Britain and Australia HQ in Washington; offices in Baghdad and Qatar ) BBC MMV * Search the NYTr Archives at: http://olm.blythe-systems.com/pipermail/nytr/ To subscribe or unsubscribe or change your settings via the web, visit: http://olm.blythe-systems.com/mailman/listinfo/nytr ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= ***************************************************************** 2 Guardian Unlimited White House: Iraq Weapons Search Has Ended From the Associated Press [UP] Thursday January 13, 2005 12:46 AM AP Photo DCSA105 By KATHERINE PFLEGER SHRADER Associated Press Writer WASHINGTON (AP) - The White House acknowledged Wednesday that its hunt for Iraqi weapons of mass destruction - a two-year search costing millions of dollars - has closed down without finding the stockpiles that President Bush cited as a justification for overthrowing Saddam Hussein. Bush's spokesman said the president had no regrets about invading Iraq. ``Based on what we know today, the president would have taken the same action because this is about protecting the American people,'' said Press Secretary Scott McClellan. The Iraq Survey Group - made up of as many as 1,500 military and intelligence specialists and support staff - is ending its search of military installations, factories and laboratories where it was thought that equipment and products might be converted to making weapons. McClellan said the active search had virtually ended. ``There may be a couple, a few people that are focused on that,'' he said, adding that they would handle any future reports that might come in. At a meeting last month, McClellan said Bush thanked the chief U.S. weapons inspector, Charles Duelfer, for his work. A special adviser to the CIA director, Duelfer will deliver a final edition of a report on Iraq's weapons next month. McClellan said it is not expected to fundamentally differ from the findings of a report last fall. Duelfer said then that Iraq had no weapons of mass destruction and had not made any since 1991. However, he said the government harbored intentions of recreating its weapons programs and had gone to great lengths to manipulate the U.N. oil-for-food program. In an interview Wednesday with Barbara Walters of ABC News, Bush defended his decision to invade Iraq. ``I felt like we'd find weapons of mass destruction - like many here in the United States, many around the world,'' Bush said in the interview, to be broadcast Friday night. ``We need to find out what went wrong in the intelligence gathering. ... Saddam was dangerous and the world is safer without him in power.'' In a statement, House Democratic leader Nancy Pelosi of California said Bush ``needs to explain to the American people why he was so wrong, for so long, about the reasons for war.'' The end of the weapons hunt comes as the Bush administration struggles with a dangerous security situation in Iraq leading up to Jan. 30 elections. Meanwhile, other countries - notably Iran and North Korea - are suspected of developing covert nuclear weapons programs. When asked whether the failure to find weapons of mass destruction in Iraq would damage U.S. credibility in handling future threats, McClellan said the president would continue to work with the international community, particularly on diplomatic solutions. He said pre-emptive military action was ``the last option'' to pursue. ``We are acting to make sure we have the best possible intelligence,'' McClellan said, adding that a number of changes have been made since the Sept. 11, 2001, attacks. Almost one year ago, Bush formed a presidential commission to investigate U.S. intelligence capabilities on weapons of mass destruction, focusing not only on Iraq but on how well the intelligence community understands the threat from other countries and terror networks. Its report is due March 31. The closing down of the weapons search was first reported in the Washington Post on Wednesday. David Kay, who headed the Iraq Survey Group until stepping down last January, said he was not surprised the group was concluding its efforts without finding any major weapons stockpiles. ``It is like dropping a shoe a little late. Quite frankly, I don't think anyone who follows it very closely has suspected anything else over the last year. It was a matter of when the obvious would be done,'' Kay said. He said that intelligence analysts working in Iraq had found themselves in a dangerous security situation and that many had reached conclusions about the lack of weapons as much as 18 months ago. ``How do you keep them motivated?'' he asked. At the State Department, spokesman Richard Boucher said the U.S. government was paying stipends to about 120 Iraqi scientists who once had been working in weapons programs. They now are working on scientific research outside weapons development. Greg Thielmann, the former manager of the State Department office that tracked chemical, biological and nuclear weapons issues, said the United States should devote energy to employment of these scientists, who now appear to have been involved in non-weapons work under Saddam in recent years. ``Who knows what they are going to do?'' asked Thielmann, who left his position in September 2002. ``One can question whether we improved the security situation through the invasion.'' Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 3 Las Vegas SUN: U.S. Ends Fruitless Iraq Weapons Hunt Today: January 12, 2005 at 14:26:37 PST ASSOCIATED PRESS WASHINGTON (AP) - 0112iraqattack The search for weapons of mass destruction in Iraq has quietly concluded without any evidence of the banned weapons that President Bush cited as justification for going to war, the White House said Wednesday. Democrats said Bush owes the country an explanation of why he was so wrong. The Iraq Survey Group, made up of some 1,200 military and intelligence specialists and support staff, spent nearly two years searching military installations, factories and laboratories whose equipment and products might be converted quickly to making weapons. White House press secretary Scott McClellan said there no longer is an active search for weapons and the administration does not hold out hopes that any weapons will be found. "There may be a couple, a few people, that are focused on that" but that it has largely concluded, he said. "If they have any reports of (weapons of mass destruction) obviously they'll continue to follow up on those reports," McClellan said. "A lot of their mission is focused elsewhere now." House Democratic Leader Nancy Pelosi of California said Bush should explain what happened. "Now that the search is finished, President Bush needs to explain to the American people why he was so wrong, for so long, about the reasons for war," she said. "After a war that has consumed nearly two years and millions of dollars, and a war that has cost thousands of lives, no weapons of mass destruction have been found, nor has any evidence been uncovered that such weapons were moved to another country," Pelosi said in a written statement. "Not only was there not an imminent threat to the United States, the threat described in such alarmist tones by President Bush and the most senior members of his administration did not exist at all." Chief U.S. weapons hunter Charles Duelfer is to deliver his final report on the search next month. "It's not going to fundamentally alter the findings of his earlier report," McClellan said, referring to preliminary findings from last September. Duelfer reported then that Saddam Hussein not only had no weapons of mass destruction and had not made any since 1991, but that he had no capability of making any either. Bush unapologetically defended his decision to invade Iraq. "Nothing's changed in terms of his views when it comes to Iraq, what he has previously stated and what you have previously heard," McClellan said. "The president knows that by advancing freedom in a dangerous region we are making the world a safer place." Bush has appointed a panel to investigate why the intelligence about Iraq's weapons was wrong. McClellan said the Iraq experience would not make Bush hesitant to raise alarms when he deems it necessary. "But we're also going to continue taking steps to make sure that that intelligence is the best possible," he said. "Our friends and allies had the same intelligence that we had when it came to Saddam Hussein," McClellan said. "And now we need to continue to move forward to find out what went wrong and to correct those flaws." At the State Department, spokesman Richard Boucher said Wednesday about 120 Iraqi scientists who had been working in weapons programs were being paid by the U.S. government to work in other fields. -- All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 4 Guardian Unlimited: EU revives negotiations with Iran after WMD commitment David Gow in Brussels Wednesday January 12, 2005 The Guardian The EU will today defy the US and resume trade talks with Iran in the hope of opening up one of the world's fastest-growing countries to greater foreign investment. The talks, broken off 19 months ago, are being revived after the agreement between Iran and Britain, France and Germany that the Islamic republic would suspend its uranium enrichment and reprocessing activities for military purposes. Iran, whose growth averaged 5.8% over the past three years and reached 7.4% in 2003, has seen its trade with the EU decline over the 25 years since the mullahs ousted the shah in 1979 but it still amounts to 10bn (£7bn), or 30%, of Iran's total trade. Senior European commission officials said in seeking to win a trade and co-operation agreement with Iran the EU was backing its case to join the World Trade Organisation and was offering it a WTO-style bilateral agreement, including lower tariffs. Benita Ferrero-Waldner, the external affairs commissioner, said the resumed talks were "a clear signal of our wish to work with Iran" and the country could look forward to a richer relationship "as long as the international community can be confident that Iran's nuclear programme is not being developed for military purposes". Her aides said it would help end the country's pariah status by showing its commitment to greater transparency and non- discrimination, including in areas such as drugs trafficking and illegal immigration. Via tariffs as low as 3% the EU would be encouraging Iran to export more of its goods, especially oil, which accounts for 84% of trade with Europe. It would also be keen for the country to open its market to EU companies active in chemicals, transport, machinery and financial services. US companies are legally banned from trading with Iran. The senior officials said Iran had 700,000 new job- seekers each year and the government had a desperate need for foreign direct investment. Any trade agreement would have to be matched by parallel co-operation in four areas: human rights, regional security in the Middle East; the fight against terrorism and non-proliferation of weapons of mass destruction. Iran's civilian nuclear programme, mistrusted by the US, is being monitored by the international atomic energy agency and the EU made plain that, if the Vienna-based body found breaches of the Paris agreement with Britain, France and Germany then trade talks could again be suspended. The clear aim is, however, to reach a deal later this year. [UP] Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 5 The Australian: UN nuclear inspectors in Iran [January 12, 2005] From correspondents in Tehran INSSPECTORS from the UN atomic watchdog arrived in Tehran today to visit a military site the United States claims may be involved in covert nuclear weapons activities, student news agency ISNA reported. "The group of inspectors are to stay in Iran for a week and they will start taking environmental samples from Parchin on tomorrow," ISNA said. Iran said on Sunday it had given the International Atomic Energy Agency (IAEA) permission to take so-called environmental samples from the Parchin site southeast of Tehran in order to disprove US allegations of secret weapons-related activities. Environmental sampling involves taking swabs or soil samples to detect the presence of nuclear activity. "The question is not of a visit to the military installations of Parchin. The agency had asked to take samples from the green areas of Parchin because the Americans and others have made accusations," Foreign Ministry spokesman Hamid Reza Asefi told reporters on Sunday. "To demonstrate that we have nothing to hide and that the Iranian nuclear program is peaceful, we have authorised the agency to take these samples," he added. Parchin is an example of a so-called "transparency visit" where the IAEA is going beyond its mandate under the nuclear Non-Proliferation Treaty (NPT) to check if nuclear materials have been diverted away from peaceful use. Last week, IAEA chief Mohamed ElBaradei announced that Iran had finally given the green light for his inspectors to probe Parchin. The IAEA has been seeking access to the site since July. Tehran has strongly denied carrying out any nuclear-related work at the site, and insists its nuclear drive is merely aimed at generating electricity. The US has alleged the Iranians may be working on testing high-explosive charges with an inert core of depleted uranium at Parchin as a sort of dry test for how a bomb with fissile material would work. privacy terms © The Australian ***************************************************************** 6 PRAVDA.Ru: Russia and Iran join efforts to struggle against invasion of UFOs - 01/12/2005 18:44 If a UFO appears in the sky above Iran, anti-aircraft systems will most likely down it Unidentified flying objects continue terrorizing the Eastern hemisphere of planet Earth. No one knows what to do with them, although it is obvious that something has to be done with the problem. Russia and Iran agreed to join efforts to study the mysterious phenomenon. The news may seem to be ridiculous at first sight, but it is actually a rather serious matter: UFOs pose a big threat to Iran in connection with its growing nuclear potential. The UFO mania has gripped Iran. The Air Force command of Teheran has recently been given an order to down any unknown or suspicious object seen in the air space of Iran. If a UFO appears in the sky above Iran, anti-aircraft systems will most likely down it. Iranian mass media, meanwhile, are distributing more and more information about extraterrestrial threats to the nation's nuclear objects. The flights of unknown objects in the air space of the country have become much more frequent lately, the Resalat Daily wrote. According to the newspaper, unusual luminous objects were spotted above Busher and Natanza, where nuclear facilities are located. One of the objects exploded in the sky, eyewitnesses said. The Iranian defense department is trying to pacify the anxious population. "We have developed plans to protect nuclear objects from any danger. The Iranian Air Force is on alert and ready to fulfill the duty," General Qarim Gavani stated. The interest in UFOs started growing very fast in Iran more than a year ago. News agencies reported dozens of incidents, when people could see strange objects flying above their heads. The state television of Iran aired the footage of a shimmering white disk above Teheran. People ran out of their houses in eight cities to see the bright extraterrestrial light in the clouds. IRNA reported about multicolored objects with green, red, blue and violet rays seen above the towns of Tabriz and Ardebil and above Golestan Province in the area of the Caspian Sea. Russia promised to help Iran in the struggle with UFOs. Russia put an end to the anomalous problem in the beginning of the 1990s, when the entire population of the Soviet Union was panicking over strange flying objects. Both Russian and Iranian officials emphasize the fact of expanding the bilateral cooperation, particularly in the field of space exploration and the development of satellites. In addition to UFO-related contracts Russia and Iran are working on the details of the agreement to launch the Zohreh satellite. Pravda.Ru L1999-2002 "PRAVDA.Ru". ***************************************************************** 7 Xinhua: Iran to resume uranium enrichment in near future www.xinhuanet.com www.chinaview.cn 2005-01-12 21:46:16 TEHRAN, Jan. 12 (Xinhuanet) -- A top Iranian security official said here Wednesday that Iran would resume its highly sensitive uranium enrichment in the near future, the official IRNA news agency reported. "Iran was determined to resume its enrichment activities under the supervision of the International Atomic Energy Agency (IAEA) in the near future," Hassan Rowhani, Secretary of the Supreme National Security Council and chief nuclear negotiator, was quoted as saying. "Embarking on uranium enrichment activities to produce the fuel needed by nuclear power plants was the absolute right of the countries which are signatory to the nuclear Non-Proliferation Treaty," Rowhani said. Rowhani, in a meeting with visiting Japanese Deputy Foreign Minister Ichiro Isawa, also voiced Tehran's readiness to offer all kinds of commitments to prevent any diversion in its activities towards production of nuclear arms. "Over 800 person/day of inspections have been carried out in Iran's nuclear installations by the IAEA last year. Such a degree of cooperation proved Tehran's good intentions as well as the peaceful nature of its nuclear activities," Rowhani added. Uranium enrichment is the crux of the Iranian nuclear issue. The US accused Tehran of developing nuclear weapons secretly, a charge categorically denied by Iran who termed the allegation as politically motivated. After repeated retreats and bargains, Iran suspended the activities related to the enrichment on Nov. 22. However, it insisted that it would never give up its legal rights and the suspension was only a voluntary and temporary measure to build confidence. Akbar Hashemi Rafsanjani, Chairman of the powerful Expediency Council of Iran, said on Dec. 3 that the maximum duration of Iran's suspension was six months. Enditem Copyright ©2003 Xinhua News Agency. All rights reserved. ***************************************************************** 8 [NYTr] Risk of Nuclear War Growing, N.Korea Warns Date: Wed, 12 Jan 2005 16:19:10 -0600 (CST) Via NY Transfer News Collective * All the News that Doesn't Fit Chosun Digital (S. Korea) - Jan 11, 2004 http://english.chosun.com/w21data/html/news/200501/200501110017.html North Says Threat of Nuclear War Growing Russia's Interfax news agency said Monday that North Korea reported a growing threat of nuclear war because of the presence of U.S. troops in South Korea and the U.S.'s aggressive policy toward Pyongyang. In a statement, the North Korean Embassy in Moscow said that U.S. policy seeking to "strangle" North Korea had exacerbated the threat of a nuclear war. "Should a war break out, only our Northern and Southern brothers and our country will feel the pain of the huge disaster," the statement said. "The Korean people must drive the U.S. military out of South Korea and eliminate an environment where a nuclear war could erupt, while securing the peace and security of the Korean Peninsula," it added. *** Reuters - Jan 10, 2005 http://www.alertnet.org/thenews/newsdesk/L10646557.htm N.Korea says nuclear war risk on rise-report MOSCOW, Jan 10 (Reuters) - North Korea believes the threat of nuclear war is growing because the United States has troops in South Korea and an aggressive policy towards the North, the Communist state told Russia's Interfax news agency on Monday. "From one day to the next the danger of nuclear war on the Korean peninsula is getting stronger because of a U.S. policy that aims to strangle the Democratic People's Republic of Korea," the North Korean embassy said in a statement released to Interfax. Pyongyang has vowed to stay out of six-party talks on its nuclear programme until U.S. President George W. Bush changes his policy towards the North, which his administration has said is part of "an axis of evil", along with Iran and pre-war Iraq. U.S. officials say North Korea may have more than eight nuclear weapons and warn that nuclear proliferation is one of the gravest threats to the United States. But the North Korean statement said all Koreans would lose if peace was not secured, and urged those on both sides of the border to jointly work to remove the threat of war. "If war breaks out in the region, it will only be our fellow-countrymen in the north and the south and our land that will suffer from the catastrophe. "The whole Korean nation, working to strengthen the anti-war struggle for peace, should remove American troops from South Korea and eliminate the breeding ground for nuclear war and safeguard peace and security on the Korean peninsula," it said. The talks -- attended by both Koreas, the United States, Russia, China and Japan -- have been on hold since June. They began in 2003 after North Korea agreed to discuss how to end its nuclear programme in return for economic aid and security assurances. *** The Washington Post - Jan 12, 2005 http://www.washingtonpost.com/wp-dyn/articles/A1962-2005Jan11.html N. Korea Hesitant To Resume Talks by Philip P. Pan BEIJING, Jan. 11 -- A U.S. congressman who traveled to North Korea for talks with senior leaders said Tuesday that the discussions were "serious and substantive" but that he was told the North was not ready to resume negotiations about dismantling its nuclear weapons program. Rep. Tom Lantos (D-Calif.), briefing reporters after three days of meetings in Pyongyang, said the officials indicated they were "waiting to see the shape of the second Bush administration" before resuming six-nation talks that began in 2003. Lantos said he told them that Bush's new foreign policy team was in place, that its approach to North Korea would not change and that Congress supported the approach. The North Koreans did not specify what would persuade them to resume the talks, he said. ) 2005 The Washington Post Company * Search the NYTr Archives at: http://olm.blythe-systems.com/pipermail/nytr/ To subscribe or unsubscribe or change your settings via the web, visit: http://olm.blythe-systems.com/mailman/listinfo/nytr ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= ***************************************************************** 9 Guardian Unlimited: U.S. Congressmen Meet N. Korean Officials From the Associated Press [UP] Wednesday January 12, 2005 11:01 AM SEOUL, South Korea (AP) - A group of U.S. congressmen met with North Korea's foreign minister in Pyongyang on Wednesday, the communist state's official news agency said, in an effort to persuade the North to rejoin talks on its nuclear weapons ambitions. A bipartisan delegation led by Rep. Curt Weldon, R-Pa., arrived in Pyongyang on Tuesday for a four-day visit as part of efforts to keep dialogue open between the United States and North Korea, especially over the North's nuclear weapons program. The delegation met Foreign Minister Paek Nam Sun on Wednesday, said the North's official Korean Central News Agency. The brief dispatch did not give further details. From Pyongyang, the six U.S. lawmakers will travel to Russia, South Korea, China and Japan - the four other countries involved in six-nation negotiations aimed at ending North Korea's nuclear weapons program. The six nations are struggling to arrange a new round of talks after the North refused to attend talks scheduled for last September. The three previous rounds produced no breakthroughs. Weldon led a group of lawmakers to North Korea in May 2003, after Washington accused the North of running a clandestine nuclear program in 2002. The latest visit followed an effort by Rep. Tom Lantos, D-Calif., the top Democrat on the U.S. House International Relations Committee, who led a delegation into North Korea last week. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 10 Korea Herald: U.S. ambassador Hill may become main nuclear negotiator The Nation's No.1 English Newspaper Seoul officials see move as 'highly probable' By Choi Soung-ah U.S. Ambassador Christopher Hill may be Washington's next top nuclear negotiator, according to reports circulating here, and South Korean officials signaled it as "highly probable." The latest information out of Washington indicates Hill is likely to succeed Assistant Secretary of State for East Asian and Pacific Affairs James Kelly, who currently heads Washington's delegation to the six-nation disarmament talks on North Korea's nuclear standoff. The Foreign Ministry took a cautious line. It made no presumptions about the veracity of the reports, although it noted Hill is a "Korea expert." At his weekly news conference yesterday, Foreign Minister Ban Ki-moon welcomed the possibility of Hill being designated as the chief nuclear negotiator for the second Bush administration -- a comment interpreted by many as implying the reports may be true. "Since coming to Seoul last August, Ambassador Hill maintains a very good reputation in this country for his passionate efforts in uplifting Korea-U.S. relations, and he is also one of the diplomats highly regarded in Washington," Ban said. "We have not received any confirmation on it yet, but in any case, I feel it is a positive move and will work toward progress in the bilateral Korea-U.S. relations." The U.S. Embassy in Seoul said it has no word from the State Department on any new appointment. Stating that any formal word will come from Washington first, an embassy official declined to comment further regarding the media reports. Diplomatic sources believed that if Hill moves to the nuclear negotiator job, his successor in Seoul is likely to be the current U.S. ambassador to Australia, John Thomas Schieffer. Although Washington rarely makes midway changes in recent appointments, Hill met Secretary of State-designate Condoleeza Rice when he was in the United States last month, sources said. Since last November's U.S. presidential election and Rice's nomination to succeed Colin Powell, Seoul has been keenly awaiting her confirmation hearings to see who she selects for the East Asian and Pacific Affairs slot -- the chief of the U.S. delegation at the six-party talks. Whether or not the reports about Hill prove to be true, the Washington line-up on the North Korean nuclear front -- one of the heavyweight foreign policy issues for Bush's second term -- is a key position. "But it is too soon to confirm anything yet since Condoleezza Rice has yet to be sworn in and make official announcements on her staff appointments," the source said. The "old boys" of the first Bush administration now moving off the scene include Powell and Kelly, who has dealt with the North Korean nuclear issue since 27 months ago, as well as hard-line Undersecretary of State for Arms Control John Bolton. The six-party talks -- consisting of the two Koreas, the United States, China, Japan and Russia -- has been at a dead end since last year since North Korea refused to return to the discussion table in September as promised for a fourth round of discussions. Pyongyang is continuing to boycott the talks, saying it faces continued hostility from the U.S. government. The meetings in the Chinese capital began in 2003 after North Korea agreed to discuss ending its weapons program in return for economic aid and security assurances. Many Korea watchers believe North Korea is waiting for signs of how U.S. policy might change in Bush's second term, and the envisaged departure of former "hawkish officials" such as Bolton and Rice's appointments will be watched closely. "As opposed to his first term, which focused more on Iraq, Bush will now lean more on working out the North Korean issue," an official at the Foreign Ministry said. "And because of that, Washington will definitely place more weight on the role of the Assistant Secretary of State for East Asian and Pacific Affairs." (bluelle@heraldm.com) 2005.01.13 ***************************************************************** 11 INSIDE JoongAng Daily: North Korea rejects so-called Libya model January 13, 2005 ¤Ñ North Korean officials told a U.S. congressman visiting Pyeongyang that the case of Libya could not be considered a model for solving the nuclear crisis on the Korean Peninsula. Last year, Libya gave up developing weapons of mass destruction and opened its country to weapons inspectors, leading to better international ties. A spokesman for Representative Tom Lantos, Democrat of California, said in an interview given to Radio Free Asia that North Korean officials expressed a negative view of the "Libya model." They indicated they would likely decide on whether to renew negotiations after the second Bush administration is inaugurated and foreign policymakers have been appointed. The U.S. congressman met with high-ranking North Korean officials, including North Korea's foreign minister, Paek Nam-sun. Copyright by Joins.com, Inc. Terms of Use | ***************************************************************** 12 Las Vegas SUN: Chemical Weapons Program to Face Cuts Today: January 12, 2005 at 14:01:44 PST By NANCY ZUCKERBROD ASSOCIATED PRESS WASHINGTON (AP) - The Pentagon is planning to spend far less than advocates want on disposal of chemical weapons at Army depots in Kentucky and Colorado. The Pentagon would propose spending about $31 million annually on the disposal of chemical weapons at the Colorado and Kentucky sites over the next five years, according to government documents obtained by a nonprofit group. Presumably, the sites in Kentucky and Colorado would split that amount. That's a cut for the Richmond, Ky., facility, which received $105 million this year, according to Craig Williams, director of the Chemical Weapons Working group, a citizens' watchdog organization based in Berea, Ky. The Blue Grass Army Depot houses 523 tons of the weapons. Williams said the Pueblo, Colo., facility got $5 million this year, also less than what advocates there had hoped for. He said each depot needs at least $140 million annually over the next five years. That amount of money wouldn't be made available for the sites until the 2011 fiscal year, according to budget documents obtained by the group. A Dec. 21 Pentagon memo mentions possible delays at the Kentucky and Colorado sites, "while the operational viability and stability of the neutralization process is ascertained," wrote Michael W. Wynne, undersecretary of defense. "You're talking about communities in Kentucky and Colorado having to baby-sit weapons of mass destruction," Williams said. Wynne also mentions the possibility of moving the weapons from the Kentucky and Colorado sites. "The Army should also address safeguarding the chemical weapons stockpile, as needed, to minimize any additional risk incurred, including relocation if necessary among sites," Wynne wrote in the memo. The Army is supposed to be destroying chemical weapons at its eight depots to comply with an international agreement. That work is supposed to be completed by 2012. Sen. Mitch McConnell, who has pushed for the weapons destruction program, said Wednesday he is "concerned about reports of cuts" to the program. "The Department of Defense has an obligation to the citizens of Kentucky to dispose of chemical agents at the Blue Grass Army Depot in a safe and expeditious manner, and I will continue to devote my energy to ensuring that it lives up to that obligation," McConnell, the Senate Republican whip, said in a statement. "The president's budget request is the first step in a long process." The six other chemical weapons depots have disposals facilities already constructed or in operation. Those sites are in Alabama, Arkansas, Indiana, Maryland, Oregon and Utah. Maj. Desiree Wineland, an Army spokeswoman, declined to comment Tuesday on the Army's proposed budget for chemical weapons disposal. She said the Defense Department would not discuss the administration budget until it is released publicly next month. --- On the Net: http://www.cwwg.org/ -- All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 13 Deseret news: A bevy of environmental issues on agenda Wednesday, January 12, 2005 By Joe Bauman Deseret Morning News nuclear waste, federal rules that some fear could block road access, keeping an eye on Dugway Proving Ground, a resolution against atomic bomb testing in Nevada — all are among environmental issues the Legislature faces when the session begins Monday. By far the most contentious involves the long-running debate over importing low-level B and C radioactive waste. Currently only one facility in the state, Envirocare of Utah, disposes of nuclear waste and it handles Class A material, which is less toxic. Activists have campaigned for an outright ban on B and C waste. Recently, a legislative task force concluded that a ban might have unwanted legal repercussions. Instead, the group supported present regulations that require separate authorization from Utah's Department of Environmental Quality, the Legislature and the governor before such waste can be imported. Gov. Jon Huntsman Jr. has made it plain he is opposed to B and C waste and will not approve it. But Sen. Patrice Arent, D-Salt Lake, is pushing a bill that would do away with the three-level process by declaring Utah will not accept B and C material. The measure, titled "Prohibition Against Class B and C Low-level Radioactive Waste," is not yet assigned a number. It would specify that Utah has "a clear policy opposed to accepting B and C waste and would not even begin that licensure process," she said. Bringing such a license proposal before regulators is time-consuming, she said. Even though Envirocare has been through the regulatory process, she said, other companies could seek such a license too. In December, Charles Judd, president of Cedar Mountain Environmental Inc. — which has interest in property near the Envirocare site in Tooele County — said his company might seek to dispose of B and C waste. "This bill would say there will not be any B and C waste," Arent said. "The public strongly supports this bill. . . . I think most legislators don't support B and C waste." Any potential resumption of nuclear testing at the Nevada Test Site is the target of a resolution sponsored by Rep. Michael E. Noel, R-Kanab. "The concern I have is they may, in fact, think about doing some underground testing," he said. The resolution would inform Utah's congressional delegation that people of this state do not want nuclear testing carried out to the west. "We're still seeing the effects of nuclear testing. People are still seeing the cancers that occur as a direct result of those tests, so we want to make sure that that doesn't happen anymore." Noel decided to sponsor the resolution after hearings in Kanab, in which 75 or 100 residents were pretty adamant against testing, he said. "I haven't run into anybody that wants to see any nuclear testing at the Nevada Test Site." In a different arena of the environmental jousts, Noel is sponsoring a bill, not yet assigned a number, that would require federal land managers to consider state plans, laws and regulations when promulgating their own land management plans. Respecting road rights of way and allowing access to water diversion points, communication towers and mineral resources are issues that the Bureau of Land Management, Forest Service and other federal agencies should have to comply with, he said. "There's some tremendous finds in Uintah County for methane gas, also in Sevier County for oil. They think they've found a brand new supply there," said Noel. Federal land management plans are key to whether Utahns have access to such things, he said. The problem, as he sees it, is that the federal government has been greatly increasing its Areas of Critical Environmental Concern, where certain activities may be hampered or banned. Years ago, he said, ACECs were relative small. "Now we're finding in some areas there's more than a million acres of proposed ACECs." His bill would require the government to respect the state's legal interest in such cases. Noel added, "I think Gov. Huntsman has indicated he is going to be very proactive in protecting state rights. An oversight committee that no longer exists, the Federal Research Committee, would be revived under a bill sponsored by Sen. Gene Davis, D-Salt Lake City. SB85 would set up a 13-member team to keep tabs on actions of federal installations and programs in Utah. Davis said the original Federal Research Committee began during the administration of former Gov. Scott Matheson but languished and died when former Gov. Mike Leavitt was in office. The committee would make sure state agencies know what is going on in federal installations and serve as a liaison with the national government agencies. A particular aim, said Davis, is the expansion proposed for Dugway Proving Ground. Not only are operations to be beefed up at the western Utah base, he said, but Dugway has been seeking to expand physically. Although proposals are circulating, "I found out the state didn't even know" about many of these matters first-hand. Pathogens are tested at Dugway and the huge base may seek to acquire new property, he said. "I became concerned that there are new laboratories being built, that we helped pay for the expansion of a runway at Dugway," he said. When details are sought through the Freedom of Information Act, he said, "it's not forthcoming." If the secrecy is because of some national security concerns, he said, the state still should know what is going on. Most department heads, governors and legislators should be able to get a security clearance if that's what it takes, he added. The measure lost last year, "so I decided I'd try it again this year," Davis said. "Hopefully, we'll be able to talk with the new governor about it." Sen. Curtis S. Bramble, R-Provo, is the sponsor of SB24, currently titled simply "Waste Amendments," which would modify the law concerning disposal of radioactive waste. It embodies the task force recommendations. "The task force spent two years of rather intense study of that issue," he said. He and the task force oppose an outright ban on B and C wastes because they are already kept out and a ban might trigger a lawsuit. A suit could turn the decision over to the court rather than lawmakers, Bramble said. The bill would require the Utah Solid and Hazardous Waste Control Board to report to the Legislature every five years, starting in 2006, on adequacy of funding to care perpetually for the waste disposed here. It would increase the daily penalty for violating the Solid and Hazardous Waste Act and it would provide that the operator of a disposal facility, not its clients, is responsible for payment of certain fees. Also, it would adjust fees and clarify rules concerning PCBs, a hazardous chemical. E-mail: bau@desnews.com © 2005 Deseret News Publishing Company ***************************************************************** 14 New Scientist: 'Make or break' year for nuclear non-proliferation [NewScientist.com] 13 January 2005 THIS year will be "make or break" for the international treaty designed to limit the spread of nuclear weapons, as the gulf between the "haves" and the "have-nots" grows ever wider. So says a report by the British American Security Information Council (BASIC) based in London and Washington and the UK-based Oxford Research Group. They warn that without a breakthrough in May, when the 188 signatories to the Nuclear Non-Proliferation Treaty are due to meet "the NPT may be declared bust". Non-nuclear states argue that the weapons states, particularly the US, have failed to live up to their commitment to disarm. Last year's preparatory meeting ended in disarray without even agreeing an agenda for reviewing the treaty (New Scientist, 15 May 2004, p 5). “The UN hasn't even managed to arrange the chairs at the table to discuss disarmament” For the last eight years the UN "hasn't even managed to arrange the chairs around the conference table" to discuss disarmament, the report says. There are even signs that the Bush administration is preparing to abandon disarmament promises it made at the last NPT review five years ago on the grounds that the security situation has changed in the light of 9/11. This is "disturbing to say the least", says BASIC's Nigel Chamberlain. From issue 2482 of New Scientist magazine, 15 January 2005, page 5 ***************************************************************** 15 NRC: Donald A. Barbour, Philotechnics; Denial of Petition [Docket No. PRM-40-28] FR Doc 05-589 [Federal Register: January 12, 2005 (Volume 70, Number 8)] [Proposed Rules] [Page 2053-2057] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12ja05-16] Rulemaking AGENCY: Nuclear Regulatory Commission. ACTION: Denial of petition for rulemaking. SUMMARY: The Nuclear Regulatory Commission (NRC) is denying a petition for rulemaking (PRM-40-28) submitted by Mr. Donald A. Barbour, Philotechnics. The petitioner requested that the NRC amend its regulations governing the domestic licensing of source material to provide clarity regarding the effective control of depleted uranium aircraft counterweights held under the exemption in 10 CFR 40.13(c)(5). The petitioner believes that this amendment should address a number of issues concerning the exemption, storage, and disposal of these devices. z ADDRESSES: Copies of the petition for rulemaking, the public comments received, and NRC's letter to the petitioner may be examined at the NRC Public Document Room, Public File Area Room O1F21, 11555 Rockville Pike, Rockville, MD. These documents also may be viewed and downloaded electronically via the rulemaking Web site at http://ruleforum.llnl.gov. Address questions about our rulemaking Web site to Carol Gallagher; (301) 415-5905; e-mail cag@nrc.gov.. The NRC maintains an Agencywide Document Access and Management System (ADAMS), which provides text and image files of NRC's public documents. These documents may be accessed through the NRC's Public Electronic Reading Room on the Internet at http://www.nrc.gov/reading-rm/adams.html. If you do not have access to ADAMS or if there are problems in accessing the documents located in ADAMS, contact the NRC Public Document Room (PDR) Reference staff at 1-800-397-4209, 301-415- 4737, or by e-mail to pdr@nrc.gov. FOR FURTHER INFORMATION CONTACT: Gary C. Comfort, Jr., Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, telephone (301) 415-8106, e-mail gcc1@nrc.gov. SUPPLEMENTARY INFORMATION: The Petition On January 21, 2000 (65 FR 3394), the NRC published a notice of receipt of a petition for rulemaking filed by Donald A. Barbour, Philotechnics. The petitioner requested that the NRC amend its regulations to provide additional rules for the effective control of depleted uranium aircraft [[Page 2054]] counterweights. The petitioner believes that this regulatory clarification should address a number of issues concerning the exemption, storage, and disposal of these devices. The petitioner believes that the amendment should clarify at what point and under what circumstances, the licensing exemption in 10 CFR 40.13(c)(5) is no longer applicable to these devices; the length of time counterweights for which there is no demand or use may be stored as exempt material; the regulations that apply to aircraft that have been removed from service which have depleted uranium counterweights that can be transferred to unlicensed parts dealers and salvage operators; and, the need for radiological surveillance of long-term aircraft storage parks and facilities where aircraft with depleted uranium counterweights are regularly stored for protracted periods under unmonitored conditions. Additionally, the petitioner believes that an immediate notification is necessary to advise those organizations that currently possess depleted uranium aircraft counterweights of their responsibilities to the public. The petitioner asserts that the aviation community is tightly regulated and law abiding and that there are extremely effective channels of communication between the industry and its primary regulator, the Federal Aviation Administration (FAA). The petitioner suggests that the NRC take advantage of this situation by encouraging the FAA to issue an appropriate advisory bulletin that informs the aviation community of its responsibilities for managing depleted uranium counterweights. The petitioner provided a summary of key points which he believes should be considered for incorporation in such a notification. Public Comments on the Petition The notice of receipt of the petition for rulemaking invited interested persons to submit comments. The comment period closed on April 5, 2000. The NRC received two comment letters from individuals (one of which was from the petitioner himself). Both comment letters supported the petition. The petitioner provided supplementary information in support of the petition including his interpretation of the regulatory background and more detailed descriptions of how counterweights are used in industry. Additionally, the petitioner's comments referenced data related to the potential mishandling of the counterweights. The other commenter provided an example of the potential costs associated with mishandling the counterweights and suggested that distribution requirements should be added to the regulation. By letter dated February 14, 2001, Mr. Barbour provided another supplement to his petition. In this supplement, the petitioner suggested additional rulemaking to (1) specify that only counterweights manufactured from depleted uranium, and not natural uranium, should be covered under the exemption; and (2) clarify the scope of activities allowed to repair or restore counterweight platings or coverings under 10 CFR 40.13(c)(5)(iv). Reasons for Denial The NRC is denying the petition because it has determined that current NRC regulations provide adequate clarity and effectively address the petitioner's concerns. The NRC believes that clarification of the regulations for aircraft counterweights, as originally requested by the petitioner, can be most efficiently accomplished through the issuance of guidance rather than through rulemaking. The NRC issued a regulatory information summary, RIS-01-013, ``10 CFR Part 40 Exemptions For Uranium Contained in Aircraft Counterweights,'' dated July 20, 2001, in response to the petitioner's request for an immediate notification to advise those organizations that currently possess depleted uranium aircraft counterweights of their regulatory responsibilities. This RIS reminds persons holding depleted uranium counterweights that the counterweights may not be modified under the exemption in 10 CFR 40.13(c)(5). The RIS also provides four alternatives to transfer the counterweights from the possessor's inventory: (1) Return the counterweights to the manufacturer or other facility licensed to process source material; (2) transfer the counterweights to another organization that will also use devices as aircraft counterweights; (3) transfer the counterweights for disposal at a facility licensed for disposal of radioactive material; or (4) transfer the counterweights to an unlicensed disposal facility that accepts exempt radioactive material. The petitioner's primary concern in the original petition is that some persons holding the depleted counterweights may inappropriately accumulate and store the counterweights for lengthy periods of time. The petitioner is concerned that this activity will result in unnecessary exposures and that corrosion of the counterweights could occur resulting in additional pathways of exposure and unnecessary contamination. During resolution of the petition, the NRC evaluated (1) the regulatory history of the exemption, including the safety basis; (2) the current use of depleted uranium aircraft counterweights; and (3) the current language in the exemption. As part of the evaluation of the petition, the NRC reviewed the regulatory history of the exemption for uranium counterweights. In 1960, the original exemption was implemented to only apply to the counterweight while installed in the aircraft and the counterweight impressed with the label reading ``Caution--Radioactive Material-- Uranium.'' This 1960 exemption specifically prohibited the chemical, physical, metallurgical or other treatment or processing of the counterweight and the installation or removal of the counterweight. In 1961, the exemption was expanded to include ``stored or handled in connection with installation or removal of such counterweights from aircraft.'' The 1961 amendment also replaced the prohibition against modification of counterweights with the requirement that there be ``no removal or penetration of the plating'' on the counterweight. In 1969, the exemption was further amended, primarily to change the labeling requirement from ``Caution--Radioactive Material--Uranium'' to ``Depleted Uranium.'' Also, as part of the 1969 amendment, the specific requirement that there be ``no removal or penetration of the plating'' on the counterweight was returned to the prohibition against the chemical, physical, or metallurgical treatment or processing of any such counterweights. Under the 1969 amendment, however, repair or restoration of the plating or other covering was allowed. Finally, a new requirement was added that each counterweight was to be ``durably and legibly labeled or marked'' with the identification of the manufacturer and the statement ``Unauthorized Alterations Prohibited.'' As part of the evaluation of the regulatory history, the NRC also reviewed the health and safety basis used during the initial implementation of the existing regulation. The original implementation was based upon calculations that indicated that exposures from installation and storage would be less than 10 percent of the limits in 10 CFR Part 20, with most of the exposure impacting the hands of the workers. This conclusion was based on a radiation dose rate at the surface of the counterweight of 1.3 millisievert per hour (mSv/hr) (130 millirems per hour [mrem/hr]) of beta and gamma radiation, of which the gamma component contribute only 0.03 mSv/hr (2.7 mrem/hr). Film badge studies from wrist bands [[Page 2055]] of assembly line personnel verified that the exposures were low, with readings not exceeding 2 mSv (200 mrem) for a 2-month period. Based upon reviews of reported incidents in the Nuclear Material Events Database (NMED), the NRC has no reason to believe that individuals are being significantly impacted by the use of aircraft counterweights under the exemption. In NUREG-1717, ``Systematic Radiological Assessment of Exemptions for Source and Byproduct Material,'' June 2001, a more recent analyses of the exemption was made. This document evaluated the use of counterweights under expected routine uses (including maintenance, flight operations, and storage) and accidents and misuse (including fires and loss of counterweights). The calculated range of exposures for routine operations ranged from a maximum of 0.9 millisievert per year (mSv/yr) (90 millirem per year [mrem/yr]) for maintenance workers to 0.01 mSv/yr (1 mrem/yr) or less for flight crew and warehouse workers (resulting from storage of the counterweights). Potential accident scenarios were calculated to result in exposures of 0.8 mSv/yr (80 mrem/yr) or less to individuals. Because these calculated exposures are within the limits of 10 CFR Part 20 and are expected to impact a minimal number of individuals, NRC does not believe that the use of uranium counterweights under the current exemption have, or will, result in a significant impact to public health and safety or the environment. NRC's review has also indicated that depleted uranium counterweights are no longer being introduced into new aircraft. Furthermore, existing depleted uranium counterweights are generally being replaced, when replacement is needed, with counterweights made from tungsten. As a result, the number of depleted uranium counterweights in aircraft is diminishing, thus further reducing the need to revise the regulation because the number of individuals potentially being impacted should also decrease as time passes. The current language for the exemption in 10 CFR 40.13(c)(5) includes ``uranium contained in counterweights installed in aircraft, rockets, projectiles, and missiles, or stored or handled in connection with installation or removal of such counterweights. * * *'' Based upon a review of the actual language and the regulatory history, it is clear that the exemption applies to storage only to the extent that the storage is in connection with the planned installation or recent removal from the aircraft. As such, the exemption does not include long-term storage unless it can be clearly shown that such storage is related to an intent to reuse the counterweight and that the counterweight continues to be maintained (i.e., the plating and labeling remain intact). Similarly, if an aircraft containing depleted uranium counterweights is permanently removed from service, the counterweights should be removed from the former aircraft within a reasonable time period. The definition of an aircraft according to FAA regulations found in 14 CFR 1.1 is ``a device that is used or intended to be used for flight in the air.'' Therefore, if there is no clear intention to continue to use the aircraft for flight, the counterweights would no longer be considered ``installed in the aircraft'' under the exemption in 10 CFR 40.13(c)(5). Instead, the counterweight would be considered ``stored'' on the former aircraft. A counterweight stored on a former aircraft would be held with conditions similar to those conditions that apply to counterweights stored in connection with installation or removal (i.e., long-term storage is not permitted in the former aircraft under the exemption). Should an aircraft be held for possible future use, but not operated for a lengthy period of time, the holder should maintain the aircraft per its FAA maintenance plan, including a periodic inspection of the counterweights to ensure the counterweights remain in proper condition (i.e., the plating and labeling remain intact). In cases where the counterweights are no longer planned to be used or specifically licensed, the counterweights may still be covered under the exemption during a reasonable period while arrangements are made to properly transfer the counterweights, as long as the counterweights continue to be maintained in proper condition (i.e., the counterweights plating and labeling remain intact). The period of storage allows holders of the counterweights to: (1) Determine the future use of the counterweights; (2) decide on appropriate transfer or disposal alternatives if they are no longer to be used; and (3) accumulate several counterweights, within a reasonable time frame, in order to permit a more economical one-time disposal. The exemption also applies to persons temporarily holding the material during transit or if the material is mistakenly sent to a recycle or scrap yard, if the counterweight is properly maintained and transferred within a reasonable period of time using an option listed in RIS-01-013. The NRC recognizes that some counterweights have been inappropriately sent to scrap yards or recyclers in the past. As the petitioner points out, a review of data in NMED indicates that alarms have been set off at scrap yards. The current exemption does not expressly prohibit transfers to any persons, including scrap yards or recyclers. However, the physical, metallurgical, or chemical modification of the counterweight is prohibited; therefore, counterweights should not be sent to locations where, in all likelihood, they will be altered or modified. Further, the detection and recovery of counterweights inappropriately sent to scrap yards or recyclers can lead to additional costs for the transferor or recipient. Although the NRC could amend the existing exemption to prohibit transfers to recyclers or scrap yards, the NRC does not believe that such an amendment would significantly reduce the number of these inappropriate transfers. The current regulation requires that counterweights held under this exemption must be labeled ``Unauthorized Alterations Prohibited.'' The NRC believes that persons who have inappropriately transferred counterweights to a recycle or scrap yard, despite the existing labeling on the counterweight, may not be aware of the prohibitions listed in the exemption itself. If a regulation requiring reporting of transfers were implemented, the transfer report might make it easier to identify the transferor so that appropriate action to retrieve the counterweight could be taken. However, the NRC believes that if someone were aware of these reporting requirements, they would likely be cognizant that the transfer to a recycler or a scrap yard is not allowed to begin with. During resolution of the petition, the NRC considered additional options for rulemaking that might clarify the intent of this regulation and increase control over the use of depleted uranium aircraft counterweights. The NRC considered two types of rulemaking actions: (1) Specific licensing and (2) development of a general license specifically applicable to aircraft counterweights. In both cases, the NRC's analysis concluded that any benefits of the action were small compared to the costs and potential impacts associated with the action. In the case of specific licensing, the costs to the industry and government would involve development and review of applications, and inspection of the new licensees. Because the NRC has no evidence to indicate that public health and safety is significantly impacted under the current exemption, the NRC believes the costs to implement specific [[Page 2056]] licensing would outweigh the benefits of licensing. Additionally, should counterweights be required to be held under a specific license, disposal alternatives would be reduced to disposal in a low-level waste site which would further increase the regulatory burden and costs related to this action. Although implementation of a general license would presumably add additional requirements to those found in the existing exemption, the general license would be less burdensome to both holders of the counterweights and the government than a specific license. However, the NRC believes that the costs related to regulatory development and implementation are still believed to outweigh any benefits that might be achieved by the creation of a general license. As with specific licensing, the options for disposal could be limited to low-level waste facilities, thus increasing the regulatory burden and costs for disposal. Although the NRC could develop a general license which allows some of the same disposal/transfer options that are currently available, State regulations and/or the licenses of disposal facilities may preempt the utilization of those options. The NRC determined that modifying the exemption in 10 CFR 40.13(c)(5) or increasing the regulatory structure (through a new general license or specifically licensing the holders), pursuant to the petitioner's request would add little, if any, additional benefits to the protection of public health and safety. Therefore, the NRC is denying the petitioner's request that the exemption in 10 CFR 40.13(c)(5) be amended to clarify the requirements for storage. However, the NRC believes that most of the petitioner's apparent goals can be better achieved by publication of guidance in the form of a new RIS. The purpose of the guidance would be to clarify the intent of the existing regulations related to storage of depleted uranium aircraft counterweights. The NRC would issue the guidance to known holders of aircraft counterweights and other agencies and organizations that may have occasion to be interested in counterweights. In a supplement to this petition (February 2001), the petitioner suggested that 10 CFR 40.13(c)(5) should be amended to clarify that only counterweights manufactured from depleted uranium, and not natural uranium, are covered under the exemption. Currently 10 CFR 40.13(c)(5) begins ``Uranium contained in.* * *.'' The petitioner identifies an apparent inconsistency with the labeling requirements in 10 CFR 40.13(c)(5)(ii) that require the counterweight to be impressed with ``Depleted Uranium.'' As a result, the petitioner states that the exemption should be more specific to begin the exemption with ``Depleted uranium contained in.* * *.'' A historical review of this issue indicates that the exemption was originally meant to apply to counterweights manufactured from both natural uranium and depleted uranium. On July 18, 1969 (34 FR 12107), a proposed rule was published in the Federal Register proposing to modify the regulation to require that the counterweights be impressed with the word ``Uranium'' rather than ``Caution--Radioactive Material-- Uranium,'' as was required before the 1969 amendment. However, when the final rule was published on September 5, 1969 (34 FR 14067), the regulation required the counterweight to be impressed with the words ``Depleted Uranium,'' as exists in the current regulation. No explanation for this change was mentioned in the Federal Register notice or Commission papers related to this action. The presumption is that this change was made because most, if not all, aircraft counterweights were and have been made of depleted uranium. The cost of depleted uranium is significantly less than the cost of natural uranium. While the NRC believes that the modification in 1969 effectively limits the exemption to include only depleted uranium counterweights because of the new labeling requirement, the NRC also believes the generic use of the word uranium at the start of the exemption is still necessary because footnote 2 to 10 CFR 40.13(c)(5) grandfathers counterweights properly labeled and made before June 30, 1969. These counterweights may have included a small number of natural uranium counterweights. The NRC is denying this issue in the petition to allow for the possibility that there are some counterweights still in existence that were made from natural uranium prior to 1969. The petitioner also requested that the NRC modify its regulations in 10 CFR 40.13(c)(5)(iv) to better delineate the scope of activities allowed as part of the repair or restoration of the plating or covering of an aircraft counterweight. The petitioner is concerned that some activities could impact the depleted uranium within the counterweight. The paragraph in question states ``The exemption contained in this paragraph shall not be deemed to authorize the chemical, physical, or metallurgical treatment or processing of any such counterweights other than repair or restoration of any plating or any other covering.'' The intent of this paragraph is to delineate the scope of activities allowed under the exemption. Although the counterweight may be modified to restore or repair the plating or covering around the counterweight, the depleted uranium within the counterweight cannot be altered at any time under the exemption, even as part of restoration or repair of the plating or other covering. As a result, actions such as chemical baths, sanding of oxidized depleted uranium, or electroplating, each of which would likely result in modification of the depleted uranium counterweight itself, are not permitted under the exemption. However, repainting or placing a new covering over the counterweight (to the extent it does not interact with the depleted uranium in the counterweight) is permitted under the exemption as the long as the impressings and other required markings remain legible as required under 10 CFR 40.13(c)(5)(ii) and (iii). The NRC is denying this issue in the petition because it has been determined that the existing regulation conforms with the petitioner's request and does not require additional clarification through rulemaking. However, the NRC believes that it may be worthwhile to provide additional guidance related to this aspect of the exemption. Therefore, the NRC plans to address this issue in the proposed RIS by clarifying the intent of the existing regulations related to the restoration and repair of depleted uranium counterweights. In conclusion, no new information has been provided by the petitioner to support the petitioner's request that additional rulemaking is necessary at this time. Existing NRC regulations provide the basis for reasonable assurance that the common defense and security and public health and safety are adequately protected. Additional rulemaking would impose unnecessary regulatory burden and does not appear to be warranted. However, NRC does believe that some additional clarification, as originally requested by the petitioner, can be provided through guidance. Therefore, the NRC plans to issue a regulatory information summary which will provide clarification of the existing exemption as related to (1) long-term storage of the counterweights, (2) restoration and repair of the counterweights, and (3) removal of the counterweights from aircraft, rockets, projectiles, and missiles. For the reasons cited in this document, the NRC denies this petition. Dated at Rockville, Maryland, this 6th day of January, 2005. [[Page 2057]] For the Nuclear Regulatory Commission. Annette Vietti-Cook, Secretary of the Commission. [FR Doc. 05-589 Filed 1-11-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 16 [DU-WATCH] monitoring Chernobyl Date: Wed, 12 Jan 2005 01:14:51 -0600 (CST) Living in the Dead Zone; Chernobyl Revisited The International Herald Tribune, December 23, 2004 By Martin Cruz Smith Soure: The New York Times Chernobyl -- Outside, a hard winter's afternoon settles on the village, but inside their cottage Nikolai and Nastia lay out a spread: apples from their orchard, pickles from their garden, mushrooms from the woods around and full glasses of samogon, otherwise known as Ukrainian moonshine. Samogon, the locals say, offers protection from radioactivity, a consideration since we are in a "black village" written off for human occupation in 1986 after the explosion of Reactor 4 at the Chernobyl nuclear power station a mere dozen miles away. "You grow your own food?" a guest asks. "All of it," Nastia says. The guest takes a discreet glance at his dosimeter. The village is called "black," as in abandoned. But as if to make the name literally true, the neighboring houses have turned black and tilted into a slow slide into the earth. Trees reach in and out the windows. The yards are littered with bureaus, picture frames, chairs. At the beginning of the cleanup, the authorities buried the most radioactive houses, until it dawned on them that they were doing an excellent job of poisoning the groundwater. So the contaminated houses stand. For how long? According to an ecologist at the power station: "In 250 years everything is back to normal. Except for plutonium -- that will take 25,000 years." Nikolai and Nastia's cottage is basically one room around an oven with a built-in shelf to sleep on during the coldest nights. "It's home," Nastia says. She wears a sweater and shawl permanently. Her smile is bright steel, and her blue eyes shine with delight and a certain sense of collusion. Visitors are rare in the 19-mile-radius Zone of Exclusion around the reactors and, of course, she is not supposed to be there at all. Nastia and Nikolai were evacuated like everyone else, but sneaked like partisans back to their cottage in the woods. So much for zone security. Since then, the authorities have largely let Nastia and Nikolai alone among the zone's phantom population of returnees, scavengers and poachers. Almost perversely, the wildlife there is flourishing; poachers hunt wild boar, served later in the finest restaurants of Kiev and Moscow. Scavengers cut up abandoned radioactive cars and trucks to sell as parts in the chop shops of Russia. Nikolai and Nastia aren't on the run, they've just become invisible. They didn't vote in the recent presidential runoff election; there were no polling booths in the black villages. (To vote, they would have had to be bused out of the zone to cast a ballot bearing the address they had been assigned to and escaped from.) Doctors warned Nastia that if she remains in her village, radioactivity will give her cancer in 25 years. Nastia is 75 now. She says she'll take her chances. Nastia sings a traditional harvest song in a young, birdlike voice. The samogon has brought out a fine sweat on every brow. What amazes me is not that two elderly peasants have become invisible, but that Chernobyl itself has, as if it were a subject too awful to contemplate. In the rain, the sarcophagus, the 10-story steel-and-concrete box heroically constructed over Reactor 4, leaks like a radioactive sieve into groundwater that drains in the Pripyat River, which feeds the Dnepr, which is the drinking water for Kiev. Ninety percent of the core is still in the reactor, breaking down and heating up, and the station's managers say that the sarcophagus itself could collapse at any time. How dangerous would that be? Estimates of deaths from the explosion range from 41 to more than 300,000. The Zone of Exclusion is not an area of containment, no more than a circle drawn on the dirt would stop an airborne stream of plutonium, strontium, cesium-137. Seven million people live on contaminated land in Ukraine, Belarus and Russia. People around the world carry in their chromosomes the mark of Chernobyl. We search in Iraq for weapons of mass destruction, while a more likely danger is another explosion at Chernobyl. It may not be a meltdown, but it will be the mother of all dirty bombs. (A better sarcophagus is promised in five years, but at the site there is little sign of activity, let alone urgency.) And in all the drama of the recent election, the inspiring rallies in Independence Square, the spirited presidential debate on Monday and the apparent triumph of good over evil, the subject of another nuclear disaster rarely came up, and then mostly in nationalist rhetoric: It is an article of faith that the West forced Ukraine in 2000 to close the perfectly good reactors that remained at Chernobyl. The truth is that you have to sympathize with Viktor Yushchenko, the likely winner in the rerun of the presidential runoff on Sunday, because he will have to deal with Chernobyl. Or not. So, no wonder we're drinking samogon. The air is yeasty with it. Nastia sings, and I picture her and Nikolai plucking apples off their poisoned tree, digging potatoes from their poisoned earth, fishing in their poisoned stream. ------------------------ Yahoo! Groups Sponsor --------------------~--> Help save the life of a child. Support St. Jude Children's Research Hospital's 'Thanks & Giving.' http://us.click.yahoo.com/0iazvD/5WnJAA/xGEGAA/Sj.0lB/TM --------------------------------------------------------------------~-> [Brought to you by HTTP://WWW.STOPNATO.ORG.UK] Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-watch/ <*> To unsubscribe from this group, send an email to: du-watch-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 17 Guardian Unlimited: NRC Drops Fine Against Tennessee Valley From the Associated Press [UP] Wednesday January 12, 2005 2:31 AM KNOXVILLE, Tenn. (AP) - The Nuclear Regulatory Commission has reached a settlement with the Tennessee Valley Authority over its treatment of a nuclear plant worker who had raised safety concerns. The settlement announced Tuesday drops the $110,000 fine against the TVA, the country's largest public utility. The regulatory agency said the work environment at the TVA improved sufficiently since the case dating to 1996 at the TVA's Sequoyah Nuclear Plant near Chattanooga. The case involved TVA's treatment of Gary L. Fiser, a chemistry and environmental protection program manager who had raised safety concerns about the Sequoyah station and filed a Labor Department complaint in 1993 partly because of those concerns. Three years later, Fiser was laid off with hundreds of others. But Fiser said his bid for another job within TVA was undermined by his whistleblower activities. The NRC agreed, and proposed a maximum fine of $110,000 against TVA in 2001. The settlement, reached on Nov. 10, ends the case without penalty and drops citations against two managers. TVA provides electricity to 8.5 million people in seven Southern states. Guardian Unlimited © Guardian Newspapers Limited 2005 ***************************************************************** 18 Portsmouth Herald: Bush looks to promote nuclear power Wed. January 12, 2005 By John J. Fialka Wall Street Journal President Bush says the nation needs advanced nuclear-power plants, calling them a clean, "renewable" energy source for the future. In an interview with The Wall Street Journal on Monday, Bush said he looks forward to working with Congress on an energy bill that includes incentives for the nuclear-power industry. "It [nuclear power] certainly answers a lot of our issues. It certainly answers the environmental issue," he said. "It’s always gratifying to have the president on your side," said John W. Rowe, chairman and chief executive of Exelon Corp. of Chicago, which operates the nation’s largest group of nuclear-power plants. New Mexico Republican Pete V. Domenici, chairman of the Senate Energy Committee, said he welcomed Bush’s remarks. "Without any question," he said, the long-term electricity-generating alternative to the nation’s dwindling supplies of natural gas "will have to be nuclear power. If America is afraid of it, the world will use it." Sen. Domenici is expected to offer an energy bill that will include financial incentives for the first new nuclear-power plants. Nuclear power now supplies 20 percent of the nation’s electricity, according to the U.S. Department of Energy, while coal-fired plants provide 51 percent and natural-gas-fed plants generate 17 percent. Unlike other major sources of electrical energy, nuclear-power plants don’t pollute the air or produce carbon dioxide, which is thought to cause global warming. But nuclear wastes must be disposed of in a way that protects people from radiation. Rowe said the industry needs Congress and the White House to help remove the legal and regulatory obstacles to using Yucca Mountain, the federal repository for nuclear wastes in Nevada. The industry is also looking for government help in building and licensing prototypes for a new generation of nuclear plants with safety systems that would be relatively immune to accidents caused by operator error or equipment malfunctions. For the first prototype, the engineering and design work alone are expected to cost $520 million. Rowe said he believes the next nuclear-power plants to be built would include the new safety systems. The industry projects that the earliest start for a privately constructed plan would be 2013. Portsmouth Herald Copyright © 2005 Seacoast Online. All rights reserved. Please ***************************************************************** 19 ITAR-TASS: Chernobyl accident veterans to resume hunger strike in St Pete 12.01.2005, 05.25 St PETERSBURG, January 12 (Itar-Tass) - Veterans of the 1986 Chernobyl nuclear accident who were placed on disability schemes and benefits earlier because of exposure to high doses of radiation while liquidating the aftermath of that accident resume a hunger strike Wednesday, said Sergei Kulish, an initiator of the action. The Chernobyl veterans living in St Petersburg demand bigger compensation payments, he said. Participants in the strike do not have enough confidence that the plenary session of Russia’s Supreme Court scheduled for January 18 will answer their demands, Kulish said. The debt on benefit payments that the veterans did not receive for many years has not been redeemed and other issues the veterans are facing remain unsolved. As it was previously, the strikers will gather at a private apartment in Sestroretsk, the northwest suburb of St Petersburg. Members of the Chernobyl Union from other parts of Russia will join the ten residents of St Petersburg taking part in the action. © ITAR-TASS. All rights reserved. You undertake not to copy, ***************************************************************** 20 Newsday: New York official threatens lawsuit over Millstone impact plan NY Newsday.com January 12, 2005, 10:06 AM EST WATERFORD, Conn. -- A Long Island official is threatening to sue to force the closure of the Millstone Power Station, unless his town is included in emergency evacuation plans. Southold town supervisor Joshua Horton confronted Nuclear Regulatory Commission officials Tuesday at meeting on the re-licensing application for the Connecticut nuclear plant. He called the NRC's draft environmental impact statement "gravely flawed," because is does not include the 22,000 residents of his town, which encompasses the island's north fork across Long Island Sound from Millstone's nuclear reactors. "Strong winds from the north and northeast often blow across the water directly to our shores," Horton said. "We are the first affected residents to the south of this plant," with only two roads that lead west, away from Millstone. "To say we are beyond the affected area is false and cannot be the basis for a proper environmental impact statement." Horton asked for "a fully funded federal emergency management study of Southold Town's unique geographic challenges and how this relates to the threat of a radioactive release" at Millstone. The re-licensing review process should be considered incomplete without such a study, he said. The NRC's draft environmental impact statement includes one significant environmental impact of extending licenses at Millstone 2 and Millstone 3 through 2035 and 2045. It says studies have shown the plant's cooling equipment has contributed to a dramatic decrease in the number of winter flounder in Niantic Bay. The report says the adverse effects are not great enough to prevent extending the licenses for both reactors. NRC experts discussed the findings of the draft environmental impact statement for two hours and took public comment. The agency plans to issue a final environmental impact statement in July and could make a final decision on re-licensing the plant's two reactors in the summer of 2006. The Millstone plants provide nearly 50 percent of Connecticut's electricity, said John Markowicz, executive director of the Southeastern Connecticut Enterprise Region. Information from: The Day, http://www.theday.com Copyright © 2005, The Associated Press ***************************************************************** 21 NRC: Carolina Power & Light Company; Brunswick Steam Electric Plant, FR Doc 05-591 [Federal Register: January 12, 2005 (Volume 70, Number 8)] [Notices] [Page 2188-2189] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12ja05-128] Units 1 and 2; Notice of Intent To Prepare an Environmental Impact Statement and Conduct Scoping Process Carolina Power & Light Company (CP), now doing business as Progress Energy Carolinas, Inc., has submitted an application for renewal of Facility Operating Licenses, DPR-71 and DPR-62, for an additional 20 years of operation at the Brunswick Steam Electric Plant, Units 1 and 2 (BSEP). BSEP is located in Brunswick County in southeastern North Carolina, near the mouth of the Cape Fear River. The operating licenses for BSEP, Units 1 and 2, expire on September 8, 2016, and December 27, 2014, respectively. The application for renewal was received on October 20, 2004, pursuant to Title 10 of the Code of Federal Regulations Part 54 (10 CFR Part 54). A notice of receipt and availability of the application, which included the environmental report (ER), was published in the Federal Register on November 18, 2004 (69 FR 67611). A notice of acceptance for docketing of the application and a notice of opportunity for hearing regarding renewal of the facility operating licenses was published in the Federal Register on December 6, 2004 (69 FR 70471-70473). The purpose of this notice is to inform the public that the U.S. Nuclear Regulatory Commission (NRC) will be preparing an environmental impact statement (EIS) in support of the review of the license renewal application and to provide the public an opportunity to participate in the environmental scoping process, as defined in 10 CFR 51.29. In addition, as outlined in 36 CFR 800.8, ``Coordination with the National Environmental Policy Act,'' the NRC plans to coordinate compliance with Section 106 of the National Historic Preservation Act in meeting the requirements of the National Environmental Policy Act of 1969 (NEPA). In accordance with 10 CFR 51.53(c) and 10 CFR 54.23, CP submitted the ER as part of the application. The ER was prepared pursuant to 10 CFR Part 51 and is available for public inspection at the NRC Public Document Room (PDR), located at One White Flint North, 11555 Rockville Pike (first floor), Rockville, Maryland 20852, or from the Publicly Available Records component of NRC's Agencywide Documents Access and Management System (ADAMS). ADAMS is accessible at http://www.nrc.gov/reading-rm/adams.html , which provides access through the NRC's Electronic Reading Room link. Persons who do not have access to ADAMS, or who encounter problems in accessing the documents located in ADAMS, should contact the NRC's PDR Reference staff at 1-800-397-4209, or 301- 415-4737, or by e-mail to pdr@nrc.gov. The application may also be viewed on the Internet at http://www.nrc.gov/reactors/operating/licensing/renewal/applicati ons.html. In addition, the William Madison Randall Library, located at 601 S. College Road, Wilmington, North Carolina 28403, has agreed to make the ER available for public inspection. This notice advises the public that the NRC intends to gather the information necessary to prepare a plant-specific supplement to the Commission's ``Generic Environmental Impact Statement (GEIS) for License Renewal of Nuclear Plants,'' (NUREG-1437) in support of the review of the application for renewal of the BSEP operating licenses for an additional 20 years. Possible alternatives to the proposed action (license renewal) include the no action alternative and reasonable alternative energy sources. The NRC is required by 10 CFR 51.95 to prepare a supplement to the GEIS in connection with the renewal of an operating license. This notice is being published in accordance with the National Environmental Policy Act of 1969 (NEPA) and the NRC's regulations found in 10 CFR Part 51. The NRC will first conduct a scoping process for the supplement to the GEIS and, as soon as practicable thereafter, will prepare a draft supplement to the GEIS for public comment. Participation in the scoping process by members of the public and local, State, Tribal, and Federal government agencies is encouraged. The scoping process for the supplement to the GEIS will be used to accomplish the following: [[Page 2189]] a. Define the proposed action which is to be the subject of the supplement to the GEIS; b. Determine the scope of the supplement to the GEIS and identify the significant issues to be analyzed in depth; c. Identify and eliminate from detailed study those issues that are peripheral or that are not significant; d. Identify any environmental assessments and other EISs that are being or will be prepared that are related to, but are not part of the scope of the supplement to the GEIS being considered; e. Identify other environmental review and consultation requirements related to the proposed action; f. Indicate the relationship between the timing of the preparation of the environmental analyses and the Commission's tentative planning and decision-making schedule; g. Identify any cooperating agencies and, as appropriate, allocate assignments for preparation and schedules for completing the supplement to the GEIS to the NRC and any cooperating agencies; and h. Describe how the supplement to the GEIS will be prepared, and include any contractor assistance to be used. The NRC invites the following entities to participate in scoping: a. The applicant, Carolina Power & Light Company, now doing business as Progress Energy Carolinas, Inc; b. Any Federal agency that has jurisdiction by law or special expertise with respect to any environmental impact involved, or that is authorized to develop and enforce relevant environmental standards; c. Affected State and local government agencies, including those authorized to develop and enforce relevant environmental standards; d. Any affected Indian tribe; e. Any person who requests or has requested an opportunity to participate in the scoping process; and f. Any person who has petitioned or intends to petition for leave to intervene. In accordance with 10 CFR 51.26, the scoping process for an EIS may include a public scoping meeting to help identify significant issues related to a proposed activity and to determine the scope of issues to be addressed in an EIS. The NRC has decided to hold public meetings for the BSEP license renewal supplement to the GEIS. The scoping meetings will be held at the Southport City Hall, 201 E. Moore Street, Southport, North Carolina 28461, on Thursday, January 27, 2005. There will be two sessions to accommodate interested parties. The first session will convene at 1:30 p.m. and will continue until 4:30 p.m., as necessary. The second session will convene at 7 p.m. with a repeat of the overview portions of the meeting and will continue until 10 p.m., as necessary. Both meetings will be transcribed and will include: (1) An overview by the NRC staff of the NEPA environmental review process, the proposed scope of the supplement to the GEIS, and the proposed review schedule; and (2) the opportunity for interested government agencies, organizations, and individuals to submit comments or suggestions on the environmental issues or the proposed scope of the supplement to the GEIS. No formal comments on the proposed scope of the supplement to the GEIS will be accepted during the informal discussions. To be considered, comments must be provided either at the transcribed public meetings or in writing, as discussed below. Persons may register to attend or present oral comments at the meetings on the scope of the NEPA review by contacting Mr. Richard L. Emch, Jr., by telephone at 1-800-368-5642, extension 1590, or by e-mail to the NRC at BrunswickEIS@nrc.gov no later than January 18, 2005. Members of the public may also register to speak at the meeting within 15 minutes of the start of each session. Individual oral comments may be limited by the time available, depending on the number of persons who register. Members of the public who have not registered may also have an opportunity to speak, if time permits. Public comments will be considered in the scoping process for the supplement to the GEIS. The meeting room is on the second floor of the building, and there is no elevator. Therefore, the meeting room is not handicap accessible. Mr. Emch will need to be contacted no later than January 18, 2005, if special equipment or accommodations are needed to attend or present information at the public meeting, so that the NRC staff can determine whether the request can be accommodated. Members of the public may send written comments on the environmental scope of the BSEP license renewal review to the Chief, Rules and Directives Branch, Division of Administrative Services, Office of Administration, Mailstop T-6D59, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001, and should cite the publication date and page number of this Federal Register notice. Comments may also be delivered to the NRC, Room T-6D59, Two White Flint North, 11545 Rockville Pike, Rockville, Maryland, from 7:30 a.m. to 4:15 p.m. during Federal workdays. To be considered in the scoping process, written comments should be postmarked by March 11, 2005. Electronic comments may be sent by email to the NRC at BrunswickEIS@nrc.gov and should be sent no later than March 11, 2005, to be considered in the scoping process. Comments will be available electronically and accessible through ADAMS at http://www.nrc.gov/reading-rm/adams.html. Participation in the scoping process for the supplement to the GEIS does not entitle participants to become parties to the proceeding to which the supplement to the GEIS relates. Notice of opportunity for a hearing regarding the renewal application was the subject of the aforementioned Federal Register notice (69 FR 70471). Matters related to participation in any hearing are outside the scope of matters to be discussed at this public meeting. At the conclusion of the scoping process, the NRC will prepare a concise summary of the determination and conclusions reached, including the significant issues identified, and will send a copy of the summary to each participant in the scoping process. The summary will also be available for inspection in ADAMS at http://www.nrc.gov/reading-rm/adams.html. The staff will then prepare and issue for comment the draft supplement to the GEIS, which will be the subject of separate notices and separate public meetings. Copies will be available for public inspection at the above-mentioned addresses, and one copy per request will be provided free of charge. After receipt and consideration of the comments, the NRC will prepare a final supplement to the GEIS, which will also be available for public inspection. Information about the proposed action, the supplement to the GEIS, and the scoping process may be obtained from Mr. Emch at the aforementioned telephone number or e-mail address. Dated at Rockville, Maryland, this 4th day of January 2005. For the Nuclear Regulatory Commission. Pao-Tsin Kuo, Program Director, License Renewal and Environmental Impacts Program, Division of Regulatory Improvement Programs, Office of Nuclear Reactor Regulation. [FR Doc. 05-591 Filed 1-11-05; 8:45 am] BILLING CODE 7590-01-P ***************************************************************** 22 DEMOCRACY BETRAYED Date: Wed, 12 Jan 2005 10:15:50 -0600 (CST) Caduceus - Democracy Betrayed http://www.caduceus.info/articles/denver.htm The horror of Depleted Uranium is not limited to Iraq - it may well be at our doorsteps. The information which some governments are concealing is presented here. By James Denver 'I'm horrified. The people out there - the Iraqis, the media and the troops - risk the most appalling ill health. And the radiation from depleted uranium can travel literally anywhere. It's going to destroy the lives of thousands of children, all over the world. We all know how far radiation can travel. Radiation from Chernobyl reached Wales and in Britain you sometimes get red dust from the Sahara on your car.' The speaker is not some alarmist doom-sayer. He is Dr Chris Busby, the British radiation expert, Fellow of the University of Liverpool in the Faculty of Medicine and UK representative on the European Committee on Radiation Risk, talking about the best kept secret of this war: the fact that, by illegally using hundreds of tons of depleted uranium (DU) against Iraq, Britain and America have gravely endangered not only the Iraqis but the whole world. For these weapons have released deadly, carcinogenic and mutagenic, radioactive particles in such abundance that - whipped up by sandstorms and carried on trade winds - there is no corner of the globe they cannot penetrate - including Britain. For the wind has no boundaries and time is on their side: the radioactivity persists for over 4,500,000,000 years and can cause cancer, leukaemia, brain damage, kidney failure, and extreme birth defects - killing millions of every age for centuries to come. A crime against humanity which may, in the eyes of historians, rank with the worst atrocities of all time. Yet, officially, no crime has been committed. For this story is a dirty story in which the facts have been concealed from those who needed them most. It is also a story we need to know if the people of Iraq are to get the medical care they desperately need, and if our troops, returning from Iraq, are not to suffer as terribly as the veterans of other conflicts in which depleted uranium was used. A dirty Tyson 'Depleted' uranium is in many ways a misnomer. For 'depleted' sounds weak. The only weak thing about depleted uranium is its price. It is dirt cheap, toxic, waste from nuclear power plants and bomb production. However, uranium is one of earth's heaviest elements and DU packs a Tyson's punch, smashing through tanks, buildings and bunkers with equal ease, spontaneously catching fire as it does so, and burning people alive. 'Crispy critters' is what US servicemen call those unfortunate enough to be close. And, when John Pilger encountered children killed at a greater distance he wrote: 'The children's skin had folded back, like parchment, revealing veins and burnt flesh that seeped blood, while the eyes, intact, stared straight ahead. I vomited.' (Daily Mirror) The millions of radioactive uranium oxide particles released when it burns can kill just as surely, but far more terribly. They can even be so tiny they pass through a gas mask, making protection against them impossible. Yet, small is not beautiful. For these invisible killers indiscriminately attack men, women, children and even babies in the womb - and do the gravest harm of all to children and unborn babies. A terrible legacy Doctors in Iraq have estimated that birth defects have increased by 2-6 times, and 3-12 times as many children have developed cancer and leukaemia since 1991. Moreover, a report published in The Lancet in 1998 said that as many as 500 children a day are dying from these sequels to war and sanctions and that the death rate for Iraqi children under 5 years of age increased from 23 per 1000 in 1989 to 166 per thousand in 1993. Overall, cases of lymphoblastic leukemia more than quadrupled with other cancers also increasing 'at an alarming rate'. In men, lung, bladder, bronchus, skin, and stomach cancers showed the highest increase. In women, the highest increases were in breast and bladder cancer, and non-Hodgkin lymphoma.1 On hearing that DU had been used in the Gulf in 1991, the UK Atomic Energy Authority sent the Ministry of Defence a special report on the potential damage to health and the environment. It said that it could cause half a million additional cancer deaths in Iraq over 10 years. In that war the authorities only admitted to using 320 tons of DU - although the Dutch charity LAKA estimates the true figure is closer to 800 tons. Many times that may have been spread across Iraq by this year's war. The devastating damage all this DU will do to the health and fertility of the people of Iraq now, and for generations to come, is beyond imagining. We must also count the numberless thousands of miscarried babies. Nobody knows how many Iraqis have died in the womb since DU contaminated their world. But it is suggested that troops who were only exposed to DU for the brief period of the war were still excreting uranium in their semen 8 years later and some had 100 times the so called 'safe limit' of uranium in their urine. The lack of government interest in the plight of veterans of the 1991 war is reflected in a lack of academic research on the impact of DU but informal research has found a high incidence of birth defects in their children and that the wives of men who served in Iraq have three times more miscarriages than the wives of servicemen who did not go there. Since DU darkened the land Iraq has seen birth defects which would break a heart of stone: babies with terribly foreshortened limbs, with their intestines outside their bodies, with huge bulging tumours where their eyes should be, or with a single eye - like Cyclops, or without eyes, or without limbs, and even without heads. Significantly, some of the defects are almost unknown outside textbooks showing the babies born near A-bomb test sites in the Pacific. Doctors report that many women no longer say 'Is it a girl or a boy?' but simply, 'Is it normal, doctor?' Moreover this terrible legacy will not end. The genes of their parents may have been damaged for ever, and the damaging DU dust is ever-present. Blue on blue What the governments of America and Britain have done to the people of Iraq they have also done to their own soldiers, in both wars. And they have done it knowingly. For the battlefields have been thick with DU and soldiers have had to enter areas heavily contaminated by bombing. Moreover, their bodies have not only been assaulted by DU but also by a vaccination regime which violated normal protocols, experimental vaccines, nerve agent pills, and organophosphate pesticides in their tents. Yet, though the hazards of DU were known, British and American troops were not warned of its dangers. Nor were they given thorough medical checks on their return - even though identifying it quickly might have made it possible to remove some of it from their body. Then, when a growing number became seriously ill, and should have been sent to top experts in radiation damage and neurotoxins, many were sent to a psychiatrist. Over 200,000 US troops who returned from the 1991 war are now invalided out with ailments officially attributed to service in Iraq - that's 1 in 3. In contrast, the British government's failure to fully assess the health of returning troops, or to monitor their health, means no one even knows how many have died or become gravely ill since their return. However, Gulf veterans' associations say that, of 40,000 or so fighting fit men and women who saw active service, at least 572 have died prematurely since coming home and 5000 may be ill. An alarming number are thought to have taken their own lives, unable to bear the torment of the innumerable ailments which have combined to take away their career, their sexuality, their ability to have normal children, and even their ability to breathe or walk normally. As one veteran puts it, they are 'on DU death row, waiting to die'. Whatever other factors there may be, some of their illnesses are strikingly similar to those of Iraqis exposed to DU dust. For example, soldiers have also fathered children without eyes. And, in a group of eight servicemen whose babies lack eyes seven are known to have been directly exposed to DU dust. They too have fathered children with stunted arms, and rare abnormalities classically associated with radiation damage. They too seem prone to cancer and leukaemia. Tellingly, so are EU soldiers who served as peacekeepers in the Balkans, where DU was also used. Indeed their leukaemia rate has been so high that several EU governments have protested at the use of DU. The vital evidence Despite all that evidence of the harm done by DU, governments on both sides of the Atlantic have repeatedly claimed that as it emits only 'low level' radiation DU is harmless. Award winning scientist, Dr Rosalie Bertell who has led UN medical commissions, has studied 'low level' radiation for 30 years.2 She has found that uranium oxide particles have more than enough power to harm cells, and describes their pulses of radiation as hitting surrounding cells 'like flashes of lightning' again and again in a single second.2 Like many scientists worldwide who have studied this type of radiation, she has found that such 'lightning strikes' can damage DNA and cause cell mutations which lead to cancer. Moreover, these particles can be taken up by body fluids and travel through the body, damaging more than one organ. To compound all that Dr Bertell has found that this particular type of radiation can cause the body's communication systems to break down, leading to malfunctions in many vital organs of the body and to many medical problems. A striking fact, since many veterans of the first Gulf war suffer from innumerable, seemingly unrelated, ailments. In addition, recent research by Eric Wright, Professor of Experimental Haematology at Dundee University, and others, have shown two ways in which such radiation can do far more damage than has been thought. The first is that a cell which seems unharmed by radiation can produce cells with diverse mutations several cell generations later. (And mutations are at the root of cancer and birth defects.) This 'radiation induced genomic instability' is compounded by 'the bystander effect' by which cells mutate in unison with others which have been damaged by radiation - rather as birds swoop and turn in unison. Put together, these two mechanisms can greatly increase the damage done by a single source of radiation, such as a DU particle. Moreover, it is now clear that there are marked genetic differences in the way individuals respond to radiation - with some being far more likely to develop cancer than others. So the fact that some veterans of the first Gulf war seem relatively unharmed by their exposure to DU in no way proves that DU did not damage others. The price of truth That the evidence from Iraq and from our troops, and the research findings of such experts, have been ignored may be no accident. A US report, leaked in late 1995, allegedly says, 'The potential for health effects from DU exposure is real; however it must be viewed in perspective... the financial implications of long-term disability payments and healthcare costs would be excessive.'3 Clearly, with hundreds of thousands gravely ill in Iraq and at least a quarter of a million UK and US troops seriously ill, huge disability claims might be made not only against the governments of Britain and America if the harm done by DU were acknowledged. There might also be huge claims against companies making DU weapons and some of their directors are said to be extremely close to the White House. How close they are to Downing Street is a matter for speculation, but arms sales makes a considerable contribution to British trade. So the massive whitewashing of DU over the past 12 years, and the way that governments have failed to test returning troops, seemed to disbelieve them, and washed their hands of them, may be purely to save money. The possibility that financial considerations have led the governments of Britain and America to cynically avoid taking responsibility for the harm they have done not only to the people of Iraq but to their own troops may seem outlandish. Yet DU weapons weren't used by the other side and no other explanation fits the evidence. For, in the days before Britain and America first used DU in war its hazards were no secret.4 One American study in 1990 said DU was 'linked to cancer when exposures are internal, [and to] chemical toxicity - causing kidney damage'. While another openly warned that exposure to these particles under battlefield conditions could lead to cancers of the lung and bone, kidney damage, non-malignant lung disease, neuro-cognitive disorders, chromosomal damage and birth defects.5 A culture of denial In 1996 and 1997 UN Human Rights Tribunals condemned DU weapons for illegally breaking the Geneva Convention and classed them as 'weapons of mass destruction' 'incompatible with international humanitarian and human rights law'. Since then, following leukaemia in European peacekeeping troops in the Balkans and Afghanistan (where DU was also used), the EU has twice called for DU weapons to be banned. Yet, far from banning DU, America and Britain stepped up their denials of the harm from this radioactive dust as more and more troops from the first Gulf war and from action and peacekeeping in the Balkan and Afghanistan have become seriously ill. This is no coincidence. In 1997, while citing experiments, by others, in which 84 percent of dogs exposed to inhaled uranium died of cancer of the lungs, Dr Asaf Durakovic, then Professor of Radiology and Nuclear Medicine at Georgetown University in Washington was quoted as saying, 'The [US government's] Veteran Administration asked me to lie about the risks of incorporating depleted uranium in the human body.' He concluded, 'uranium. does cause cancer, uranium does cause mutation, and uranium does kill. If we continue with the irresponsible contamination of the biosphere, and denial of the fact that human life is endangered by the deadly isotope uranium, then we are doing disservice to ourselves, disservice to the truth, disservice to God and to all generations who follow.' Not what the authorities wanted to hear and his research was suddenly blocked. During 12 years of ever-growing British whitewash the authorities have abolished military hospitals, where there could have been specialized research on the effects of DU and where expertise in treating DU victims could have built up. And, not content with the insult of suggesting the gravely disabling symptoms of Gulf veterans are imaginary they have refused full pensions to many. For, despite all the evidence to the contrary, the current House of Commons briefing paper on DU hazards says 'it is judged that any radiation effects from.possible exposures are extremely unlikely to be a contributory factor to the illnesses currently being experienced by some Gulf war veterans.' Note how over a quarter of a million sick and dying US and UK vets are called 'some'. The way ahead Britain and America not only used DU in this year's Iraq war, they dramatically increased its use - from a minimum of 320 tons in the previous war to at minimum of 1500 tons in this one. And this time the use of DU wasn't limited to anti-tank weapons - as it had largely been in the previous Gulf war - but was extended to the guided missiles, large bunker busters and big 2000 pound bombs used in Iraq's cities. This means that Iraq's cities have been blanketed in lethal particles - any one of which can cause cancer or deform a child. In addition, the use of DU in huge bombs which throw the deadly particles higher and wider in huge plumes of smoke means that billions of deadly particles have been carried high into the air - again and again and again as the bombs rained down - ready to be swept worldwide by the winds. The Royal Society has suggested the solution is massive decontamination in Iraq. That could only scratch the surface. For decontamination is hugely expensive and, though it may reduce the risks in some of the worst areas, it cannot fully remove them. For DU is too widespread on land and water. How do you clean up every nook and cranny of a city the size of Baghdad? How can they decontaminate a whole country in which microscopic particles, which cannot be detected with a normal geiger counter, are spread from border to border? And how can they clean up all the countries downwind of Iraq - and, indeed, the world? So there are only two things we can do to mitigate this crime against humanity. The first is to provide the best possible medical care for the people of Iraq, for our returning troops and for those who served in the last Gulf war and, through that, minimize their suffering. The second is to relegate war, and the production and sale of weapons, to the scrap heap of history - along with slavery and genocide. Then, and only then, will this crime against humanity be expunged, and the tragic deaths from this war truly bring freedom to the people of Iraq, and of the world. Read the full article in issue 60 of Caduceus... References 1. The Lancet volume 351, issue 9103, 28 February 1998. 2. Rosalie Bertell's book Planet Earth the Latest Weapon of War was reviewed in Caduceus issue 51, page 28. 3. www.gulflink.osd.mil/du_ii/du_ii_tabl1. htm#TAB L_Research Report Summaries 4. www.wagingpeace.org/articles/02.01/020117moret.htm The secret official memorandum to Brigadier General L.R.Groves from Drs Conant, Compton and Urey of War Department Manhattan district dated October 1943 is available at the website www.mindfully.org/Nucs/2003/Leuren-Moret-Gen-Groves21feb03.htm 5. www.gulflink.osd.mil/du_iitab11.htm#tab L_research report summaries Further information The Low Level Radiation Campaign hopes to be able to arrange a limited number of private urine tests for those returning from the latest Gulf war. It can be contacted at: The Knoll, Montpelier Park, Llandrindod Wells, LD1 5LW. 01597 824771. Web: www.llrc.org James Denver writes and broadcasts internationally on science and technology. ) Caduceus, 2003. ***************************************************************** 23 [DU-WATCH] WAMC Roundtable Segment on Depleted Uranium 1/6/05 Date: Wed, 12 Jan 2005 01:39:55 -0600 (CST) http://www.publicbroadcasting.net/wamc/news.newsmain? action=article&ARTICLE_ID=726111 WAMC (90.3 FM) Roundtable Segment on Depleted Uranium 1/6/05 ALBANY, NY (2005-01-10) Susan Arbetter and Alan Chartock interview Professor John Arnason, investigative journalist David Rose, and local activist Sharon Herr about Depleted Uranium and the National Lead Plant in Colonie, New York. An essay on D.U. by Joan Walker follows. Charles Jenks, attorney at law President of the Core Group Traprock Peace Center 103A Keets Road Deerfield, MA 01342 413-773-5188; fax 413-773-7507 charles@mtdata.com http://www.traprockpeace.org ------------------------ Yahoo! Groups Sponsor --------------------~--> Give the gift of life to a sick child. Support St. Jude Children's Research Hospital's 'Thanks & Giving.' http://us.click.yahoo.com/3iazvD/6WnJAA/xGEGAA/Sj.0lB/TM --------------------------------------------------------------------~-> [Brought to you by HTTP://WWW.STOPNATO.ORG.UK] Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-watch/ <*> To unsubscribe from this group, send an email to: du-watch-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 24 [du-list] Never mind the Depleted Uranium, taste the Date: Wed, 12 Jan 2005 14:24:23 -0800 Can Rumsfeld "Defend" Himself Against Aspartame Lawsuit? http://www.mercola.com/2005/jan/12/rumsfeld_aspartame.htm Much controversy has surrounded the issue of whether or not the artificial sweetener aspartame is safe for consumption. However, the hot debate has reached an all-time high, as a $350-million class-action lawsuit has been filed in order to prove how deadly aspartame consumption truly is to the human body. Also included in the lawsuit is the central role played by Donald Rumsfeld, current United States Secretary of Defense, in helping to get aspartame approved through the Food and Drug Administration (FDA). Plaintiffs claim that, despite objections of numerous FDA health researchers and negative studies, Rumsfeld used his political power and influence to get aspartame approved by the FDA. Those charged in the lawsuit are being accused of knowingly using the neurotoxic aspartame as a sugar substitute in the manufacture of Equal, while fully aware that consumption of it could lead to a plethora of health problems. "Unsweetened" Health Problems Linked to Aspartame a.. Death b.. Arthritis c.. Brain cancer d.. Memory loss e.. Hearing loss f.. Hypertension g.. Abdominal pain h.. Headache/Migraines According to the affidavit, the doctor directing the studies -- which showed conclusive evidence that the artificial sweetener caused critical health problems and even death -- has been missing since aspartame's approval in 1984. All records of the studies, including filed notes and/or translations, have been destroyed. Defendants stand firm in their belief that aspartame consumption is not harmful to humans. The artificial sweetener can be found in more than 5,000 food products and all diet soft drinks sold in the United States. News Target Network December 27, 2004 -------------------------------------------------------------------------- Dr. Mercola's Comment: You may recall my lengthy comment regarding Secretary of Defense Donald Rumsfeld's latest "tap dance" in front of U.S. soldiers in Iraq and the media over the lack of proper armament. Now you've learned that Rumsfeld was the same " political heavyweight hired to get aspartame approved some two decades ago. What a prescription for disaster. Aspartame was successfully kept off the market for over ten years prior to GD Searle hiring Donald Rumsfeld as their CEO. Shortly after he was hired aspartame became approved through an unbelievable conflict of interest. Several FDA commissioners that voted against approving aspartame were replaced by those that voted for it and got it approved. Shortly after aspartame approval these FDA commissioners were given cushy jobs with quarter million dollar salaries as a reward for their help. This is criminal behavior of the first magnitude and these individuals and Searle have never been punished. Having Donald Rumsfeld grease the wheels was likely a major reason this was allowed to occur. This artificial sweetener is 180 to 200 times sweeter than the refined sugar it is meant to replace, though is known to erode intelligence and affect short-term memory. In addition, about 70 percent of the population suffers from an excess of insulin, which is often marked by excess weight, high blood pressure, diabetes or high cholesterol -- nearly all of these people would benefit from avoiding ANY sweeteners, including aspartame and sucralose. Thus, a great way for anyone to satisfy their sweet tooth NATURALLY is with stevia -- a healthy alternative to sugar. Unlike aspartame and other artificial sweeteners that have been cited for dangerous toxicities, stevia is a natural alternative that's ideal for diabetics, those watching their weight and anyone interested in maintaining their health by avoiding sugar. Stevia can be used in appetizers, beverages, soups, salads, vegetables, desserts -- virtually anything! It is, hands down, the best alternative to sugar you will ever taste. WARNING: I want to emphasize, however, that if you have insulin issues, I recommend that you avoid sweeteners all together including stevia, as they all can worsen the problem. But for everyone else, if you are going to sweeten your foods and beverages anyway, I strongly encourage you to do so with stevia. And, since more than 5,000 products contain aspartame as a sweetener, it is certainly in your best interest, as well as that of your family's health, to read the labels of any processed food you're concerned about. If you are interested in learning more about Rumsfeld's role in bringing aspartame to America (and damaging the health of millions), I could not urge you more strongly to read my recent interview with filmmaker Cori Brackett who made the outstanding documentary Sweet Misery. If you, or someone you know and love, drinks diet soda or consumes aspartame in any form, then this video is an absolute must-see for you. You can purchase it on my site with the 100-percent assurance that if you are not as convinced as I am that this is one of the most helpful, life-changing health movies you have seen you can return it to our site for a full no-questions-asked refund. Related Articles: Aspartame Disease: An FDA-Approved Epidemic Aspartame -- History of Fraud and Deception Aspartame: What You Don't Know Can Hurt You Aspartame Can Harm Your Health Aspartame -- Avoid It ---------- No virus found in this outgoing message. Checked by AVG Anti-Virus. Version: 7.0.300 / Virus Database: 265.6.10 - Release Date: 1/10/05 [Non-text portions of this message have been removed] ------------------------ Yahoo! Groups Sponsor --------------------~--> What would our lives be like without music, dance, and theater? Donate or volunteer in the arts today at Network for Good! http://us.click.yahoo.com/TzSHvD/SOnJAA/79vVAA/FGYolB/TM --------------------------------------------------------------------~-> To unsubscribe from this groups send a message to du-list-unsubscribe@yahoogroups.com. In the body of the message type unsubscribe and send. Yahoo! Groups Links <*> To visit your group on the web, go to: http://groups.yahoo.com/group/du-list/ <*> To unsubscribe from this group, send an email to: du-list-unsubscribe@yahoogroups.com <*> Your use of Yahoo! Groups is subject to: http://docs.yahoo.com/info/terms/ ***************************************************************** 25 kitsapsun.com: Admiral's e-mail says nuclear submarine impact was "incredibly hard" By Sun news services January 11, 2005 The nuclear submarine that ran aground Saturday in the South Pacific hit so "incredibly hard" that about 60 of its 137 crew members were injured and the sailor who died was thrown 20 feet by the impact, according to a New York Times story quoting a Navy admiral. Messages sent by Rear Adm. Paul F. Sullivan, a former Trident submarine commander at Bangor who now commands submarine forces in the Pacific, said USS San Francisco's hull was severely damaged after the head-on crash into what Navy officials believe was an undersea mountain that was not on the navigation charts. One message said USS San Francisco was traveling at high speed, and the impact practically stopped it in its tracks and caused flooding in parts of the bow, according to the New York Times. The messages by Rear Adm. Sullivan paint a more dire picture of the accident, which occurred 360 miles southeast of Guam, than had previously been disclosed. They also hint at the extensive efforts to steady the vessel and save the sailor who died. One of the admiral's e-mails indicated that the Navy had tried to evacuate the fatally injured man, Machinist Mate 2nd Class Joseph A. Ashley, within hours after he had been thrown forward and hit his head on a metal pump, which knocked him unconscious. Petty Officer Ashley's father, Daniel L. Ashley, said in an interview he had been told that as a helicopter hovered over the choppy seas, crew members could not maneuver a stretcher carrying his son through the submarine's hatches before he died, according to the New York Times. "They tried numerous times to maneuver him through various hatches," Mr. Ashley said. "But it just didn't happen." Adm. Sullivan, who is based in Hawaii, sent the e-mail messages to other Navy officials. As the messages circulated within the submarine community, two people provided copies to The New York Times, and Navy officials confirmed their authenticity. The e-mail also indicated that about 60 crew members had been injured. All the Navy had said publicly was that 23 crew members were treated for broken bones, cuts and bruises. The messages said those 23 were hurt seriously enough that they were unable to stand their watch duties as the submarine limped back to Guam. Mr. Ashley said the submarine's captain, Cmdr. Kevin Mooney, told him by phone on Monday that among the injured crew members, "there were a lot of broken fingers, broken arms and legs and one fractured back." Navy officials said yesterday that the rest of the injuries were minor. The admiral's e-mail also said an outer hull ripped open at the submarine's nose, causing flooding in a dome with sonar sensors and in four of the ballast tanks used to submerge the vessel or take it to the surface. The flooding caused the submarine to sit deeper in the water and made it hard to maneuver on the trip back to Guam. Sailors had to keep pumping pressurized air into the tanks to prevent the water from rising and to maintain buoyancy, the New York Times reported. An inner hull, which surrounds the crew's living and work spaces, held firm, the e-mail said. The nuclear reactor and critical propulsion systems were not damaged. In the e-mail, Adm. Sullivan did not discuss why the vessel ran aground. The Navy is investigating, and the admiral, who ultimately will have to decide whether to reprimand any of the submarine's crew members, did not respond to requests for comment. Navy officials have said that the submarine, which was headed for Australia, appeared to have smashed into an undersea mountain that was not on its charts. Mr. Ashley, who lives in Akron, Ohio, said Cmdr. Mooney told him the same thing on Monday. "He said, 'On the charts we have, this is a clear area all the way through to Australia,' " Mr. Ashley told the New York Times. Navy officials said the San Francisco was traveling at 30 knots when it careened off some part of the undersea mountain range. In one of the e-mail messages, Rear Adm. Sullivan wrote that on impact, the vessel made a "nearly instantaneous deacceleration" to about 4 knots. Mr. Ashley said Commander Mooney told him that his son had just gotten off watch duty in the engine area and was chatting with other sailors when the accident occurred. Mr. Ashley said his son, who was 24, "loved the Navy and that submarine" and had just re-enlisted. Mr. Ashley said Cmdr. Mooney, who could not be reached for comment, also told him that his son's condition seemed to worsen as sailors labored to tilt the stretcher through the evacuation hatch. Mr. Ashley said that at the end of the conversation, Cmdr. Mooney told him that he took full responsibility for the sailor's death. Mr. Ashley said he replied that he had heard all he needed "to know that you and your crew did everything you could do to save my son's life." 2005© The SUN, 545 5th St., PO Box 259, Bremerton, WA 98337, Toll-free 1-888-377-3711, For news, stories and content issues: lpritchett@kitsapsun.com, Lloyd Pritchett, Web Editor For technical issues and advertising: webmaster@thesunlink.com, Jim W. Coleman, Interactive Media ***************************************************************** 26 Bradenton Herald: Chao vows to hasten injury compensation | 01/12/2005 | DONNA WRIGHT Herald Staff Writer U.S. Secretary of Labor Elaine L. Chao vowed Tuesday to do everything in her power to help energy workers and their families who sacrificed for America's freedom. Chao promised to work as quickly as possible to settle a backlog of 25,000 Energy Employees Injury Compensation claims the Department of Labor inherited from the Department of Energy. Those claims were filed by workers employed by the DOE of the agency's contractors. Energy employees' claims had been handled differently from the employees of Loral American Beryllium Co. in Tallevast, which as a private vendor falls under a different provision of the compensation act. The Department of Labor has always processed the claims for beryllium vendor companies. But the DOE was responsible for processing the claims for its own employees. DOE failed to process those claims quickly. As of July 30, the DOE had paid only 14 claims out of nearly 25,000 filed, according to the agency's Web site. In October, Congress passed the responsibility for processing energy employees' claims to the Department of Labor in an amendment to the 2005 Defense Authorization Act. Chao told reporters Tuesday that the Department of Labor has already paid three of the claims in the backlog. Within a month, she hopes to pay 100 more, primarily to survivors of workers who died from their exposure to radiation and beryllium while making nuclear weapons. That's good news for former workers employed at the Pinellas Science, Technology, and Research Center, formerly known as the Pinellas Plant in Pinellas County. As direct employees of the DOE those former Pinellas workers stand to benefit from Chao's promise to expedite their claims. The Pinellas Plant was built in 1957 by the U.S. government to produce precisely-timed neutron generators used to initiate nuclear explosions. The plant stopped production of weapon-related components in 1994, when it changed its mission to environmental management, according to the DOE Web site. The amended provisions of the compensation act also opened the door to extend eligibility to workers employed at DOE plants after weapons production ended, if evidence of residual radiation is present, labor officials said. To qualify, a company must be listed in a study of residual contamination prepared in 2003 by the National Institute for Occupational Health and Safety, a division of the Centers for Disease Control. The new provisions in Part E extend eligibility to those facilities where radioactive contamination has been found, but not to plants that have known residual beryllium contamination. Congress has asked NIOSH to update that report by 2006. American Beryllium is listed in the 2003 report but investigators said too little is known about the work done at the Tallevast plant to know if residual contamination is an issue. Apparently NIOSH was not aware of a 1997 environmental audit by Tetra Tech for Lockheed Martin, then owners of the former Tallevast plant. That audit included 78 wipe samples for beryllium dust. Beryllium was detected in all 78 wipe samples ranging from 4.1 micrograms per cubic foot to a maximum of 120,000 micrograms per cubic foot. The highest concentrations were found above the former beryllium production area ceilings on the fiberglass or ceiling tiles and from the exhaust stacks of the former beryllium vacuum systems. Richard Miller, senior policy analyst for the Government Accountability Project, a watchdog group advocating for beryllium workers, said those results justify re-evaluating the Tallevast plant. If residual beryllium contamination can be documented, Miller said, former American Beryllium workers will have evidence they need to push lawmakers to extend their eligibility period as well. Chao said the Department of Labor is in the middle of writing final regulations due by June on how the new provisions will be administered. But some claims from survivors can be paid before those regulations are written, Chao said. The Department of Labor is processing those claims now. Chao expects to approve hundreds of additional cases before the June deadline. "America's energy workers helped build the technology that won the Cold War," Chao said. "Because of their exposure to certain materials, many of them became ill and many gave their lives. . . . The Department of Labor is committed to ensuring that they are compensated as quickly as possible." But based upon the experiences of some former American Beryllium workers, the Department of Labor's track record in quick settlement of claims falls short of Chao's promise. Ray Stephens learned in August that his beryllium sensitivity test was positive. A second test in September confirmed the positive result. Since then he has had several additional medical procedures to establish the extent of his illness from beryllium dust exposure. Despite his positive test results in September, Stephens did not receive his medical benefits card until five months later. Stephens said he will believe Chao's promise when he see results. "I find it hard to believe," Stephens said. "I really do." ***************************************************************** 27 Las Vegas SUN: Sick Test Site workers may get paid more quickly Today: January 12, 2005 at 11:21:05 PST By Suzanne Struglinski SUN WASHINGTON BUREAU WASHINGTON -- Hundreds of former Nevada Test Site workers and other Energy Department employees who are ill may have their claims for compensation quickly resolved through a new Labor Department program. The department will review all the claims that the Energy Department previously examined, including those deemed ineligible for compensation. Workers will have to wait until the agency publishes regulations, probably in May, detailing how it will compensate them, according to Shelby Hallmark, who is in charge of the Labor Department's worker compensation programs. The process is supposed to be easier under a new law. President Bush signed the Defense Authorization bill late last year, which transferred a part of the Energy Employees Occupational Illness Compensation Act, a program plagued with delays, from the Energy Department to the Labor Department. About 2,000 claims have been filed from workers in Nevada, according to the Labor Department's statistics but only 985 have received a final decision. The remaining wait for final decisions on their claims. Hallmark said he has received 20,000 claim folders from the Energy Department and Labor Department employees are now beginning to review them. Some claims have already been paid out, even without the final regulations in place, to get the program going. He said the department is mainly looking at claims already approved to get payments out as soon as possible. Hallmark said Nevadans' claims will be processed through the department's Seattle office, but the Worker's Compensation Resource Center in Las Vegas will remain open. Congress designed the change to eliminate rules that blocked eligible workers from getting money and give responsibility to a department with more experience in worker compensation program, said Kate Kimpan, a former energy fellow on the staff of Sen. Jim Bunning, R-Ky., who helped change the law. This could mean thousands of dollars in payment for lost wages, disability and medical expenses for some Nevada residents that have been waiting for answers since the compensation program's creation in 2000. The change does not guarantee everyone payments, but it is supposed to get answers to people faster. Those who have already applied for the compensation do not have to submit any new paperwork. "People do not have to refile or lose their place in line," Kimpan said. Prior to the change, the Energy Department and the Labor Department split responsibilities under the law designed to help people who are sick from their work at government nuclear facilities, including at least five in Nevada including the Yucca Mountain project, the Nevada Test Site and the Nevada Operations Office also known as the North Las Vegas Facility are eligible. Applicants must have a disease that may have been caused by a toxic substance they were exposed to during their employment such as asbestosis, liver disease or heavy metal poisoning. After reviewing an application, if determined the person qualified for the program, the Energy Department forwarded it to a physician's panel. If the panel approved the claim, the Energy Department would not pay the worker any money but would assist him or her in getting worker's compensation from the state. But an agreement between the state and the Energy Department declared that a positive finding from the physician's panel had no effect on the state's worker compensation decision and Nevada state law requires a worker to have a "willing payor" to agree to give them money for their illness. Under the new program, the money will come straight from the federal government, eliminating the chance the contractor or other company would not be willing to pay the claims. "For individual workers, it's momentous," said Nancy Ann Leeder, Nevada's attorney for injured workers. Leeder represents workers in the state suing for compensation. She said by not forcing workers to get money out of their former employers but straight from the department will reduce litigation. "I think its beneficial," Leeder said. "It won't be employers arguing against workers anymore, at least theoretically." Lawmakers and the Government Accountability Office consistently pointed to the Energy Department's slow progress in handling its portion of the program. GAO estimated the Energy Department's backlog of claims would take 13 years to complete. The department received about 25,000 applications and only had completed around 6,000 claims. The department helped 31 workers receive worker's compensation totaling $703,000 but no claims were paid for 556 applicants from Nevada, according to the department. Richard Miller with the Government Accountability Project, who closely monitors the compensation process, called the previous plan "a mouse inside the boa constrictor." "They didn't know what they were doing," Miller said of the Energy Department. Kimpan said the Energy Department has no expertise in workers' compensation claims processing but the Labor Department does. California resident Joyce Brooks filed for compensation three years ago for her husband Carl Brooks. He was diagnosed with pulmonary fibrosis in July 1999 and died six months later. He had worked at the Lawrence Livermore National Laboratory and would travel to work at the Nevada Test Site, Joyce Brooks said. Carl Brooks worked with beryllium, and Joyce Brooks later discovered he was never tested for beryllium disease, but wondered if that triggered the illness that eventually killed him. Some earlier claims were denied, but after combing through medical records and old files herself, Joyce Brooks found some new information and forwarded it to the department. "I wanted to find out what he passed away from, it took him so fast," she said. She hopes the new process may lead to some payment for her husband. Survivors of the former workers can still receive the benefits. "It sounds more promising," she said. "It was kind of a promise to my husband." The Energy Department will still assist in collecting employment records to verify a person worked at a particular site during a particular time, Kimpan said, but everything else will be handled by the Labor Department. Under the Labor Department's control, there is no estimate yet on how long it will take claims to go through the process, but advocates for the change say it will be faster. The Labor Department already oversees a separate but related part of the same compensation law that gives a $150,000 lump sum payment and covers medical expenses for workers who contracted chronic beryllium disease, silicosis or radiation-induced cancer from work performed at the Nevada Test Site, the Yucca Mountain Site Characterization Project and a long list of other department sites across the country. Labor has received about 61,000 claims and made final decisions on more than 35,000 of them, according to department data as of Jan. 6. It has paid out just over $49 million in medical bills and $980 million in compensation, including $13 million in Nevada. All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 28 NRC: NRC Hearing Process on Pa. Irradiator Concludes News Release - Region I - 2005-00 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs, Region I 475 Allendale Road, King of Prussia, Pa. 19406 No. I-05-004 January 11, 2005 CONTACT: Diane Screnci (610) 337-5330 Neil A. Sheehan (610) 337-5331 E-mail: opa1@nrc.gov A Nuclear Regulatory Commission judge has issued an order that officially concludes the agencys hearing process for a Bucks County, Pa., commercial irradiator. That action occurred after a settlement was reached earlier between some residents who live near the facility and the company that operates the irradiator, and no other residents expressed an interest in pursuing challenges of their own. CFC Logistics, Inc., submitted an application to the NRC in February 2003 for a license to operate an irradiator in Milford Township, Pa. In response, a group of residents who live in close proximity to the facility petitioned the NRC in June of that year for a hearing on the validity of the application. While a judge from the Atomic Safety and Licensing Board Panel (ASLBP) was considering the request, the NRC staff issued an operating license to the company on Aug. 27, 2003, after performing a thorough review of its irradiator proposal. The residents' motion for a stay of the effectiveness of that license was denied by the judge on Sept. 23, 2003. On Oct. 29, 2003, the Presiding Officer in the matter, Judge Michael C. Farrar, found that at least three of the petitioners had legal standing and that some of the safety issues they had raised were germane to the proceeding. On that basis, they were granted the right to an evidentiary hearing on whether the license should remain in effect. A prehearing conference was held on Dec. 11, 2003, in Quakertown, Pa. After conferring with lawyers for the company and the residents, Judge Farrar determined that neither side would be opposed to settlement talks aimed at resolving the concerns. In line with that development, an order was issued by the ASLBPs Chief Administrative Judge in March of 2004 appointing an ASLBP judge to conduct such discussions. That Settlement Judge, Paul Abramson, met with the parties both separately and together on numerous occasions over an extended period of time in an attempt to reach an agreement satisfactory to both sides. The talks resulted in a settlement agreement that the Presiding Officer approved in an order issued on Nov. 4, 2004. Under the agreement, two concerns raised by the residents were addressed: (1) the company agreed to install a backup generator to provide a continuous power supply for the pump which drives the air flow through the chamber containing the irradiators radioactive sources; and (2) the company agreed to install a light-beam trip-switch that would trigger an audible and visual alarm if a cask containing a replacement radioactive source was positioned so that it would traverse sources already installed in the irradiator. CFC Logistics stressed that it was making the changes even though it did not believe they were needed for safe operation of the facility. In exchange for the companys concessions, some of the petitioners agreed to drop their opposition to the irradiator license and to withdraw from the case. The settlement approval order offered the opportunity for other petitioners who lived near the irradiator but who had not signed the Settlement Agreement to pursue their challenges to the irradiator license, with deadlines specified for their filings. Those deadlines have now passed, with no additional filings made. Therefore, the hearing process is now considered closed and the Presiding Officer today formally terminated the proceeding. In the order terminating the proceeding, Judge Farrar noted the work of both sides in the proceeding. Those who participated in the negotiations have our appreciation for working diligently to resolve the controversy between the company and the community in which it is located, he said. Last revised Tuesday, January 11, 2005 ***************************************************************** 29 Tri-City Herald: 100 sick worker cases being paid This story was published Wednesday, January 12th, 2005 By Annette Cary Herald staff writer Two months after taking over a troubled program to compensate ill workers at Hanford and other nuclear sites, the Department of Labor is ready to pay 100 workers or their survivors. The department expects to approve hundreds of additional claims by May, said Labor Secretary Elaine Chao in a conference call to reporters Tuesday. "Energy workers built the technology that won the Cold War," said Chao, choking with emotion. "The administration and all Americans are grateful to the sacrifice of these workers and their families." They deserve "quick and compassionate" compensation and the Department of Labor is committed to offering that, she said. Four years ago Congress approved a two-part compensation program for nuclear workers made ill by workplace exposures. The first, administered by Labor officials, offered $250,000 and medical care to Hanford workers who developed cancer from exposure to radiation or a rare lung disease from exposure to the metal beryllium. It's paid $17.8 million to Hanford and Pacific Northwest National Laboratory workers, former workers or their survivors. The second part of the program was administered by the Department of Energy and made little progress. It paid benefits for occupational injuries from exposure to toxic substances, whether radiological, chemical or biological. DOE received about $100 million to administer the program but paid just 100 claims by fall. That compares to 12,800 claims paid by Department of Labor nationwide by the end of 2004 at a cost of about $1 billion. Congress, upset by the slow progress made by the Department of Energy, moved its part of the program to the Department of Labor in early November. The Department of Labor already has paid claims in the two months it has administered that part of the program, now called Part E. Payments have been made to two widows of workers at the Oak Ridge, Tenn., nuclear facility, and a widow at the Gaseous Diffusion Plant in Paducah, Ky. The rest of the first 100 claims approved should be paid within the next month, Chao said. The department is working to have regulations for the program published in May. But in the meantime it has preliminary procedures in place to pay the most straightforward claims. Not only the first 100 claims but possibly several hundred more claims could be ready to pay by then. However, that's out of a backlog of about 25,000 claims accumulated by the Department of Energy. The Department of Labor is keenly aware that workers have waited two or three years for their claims to be processed, said Shelby Hallmark, director of the office of Workers compensation program at the Department of Labor. "We're going to work hard to see that claimants experience a seamless transition," Chao said. The Department of Labor also plans to review claims dismissed by DOE to make sure they were correctly handled. Part E will pay $125,000 to survivors if a covered condition caused or contributed to the employee's death. In addition, if an employee missed substantial periods of work before retirement age, an additional $25,000 or $50,000 may be paid. Payments made before regulations are published in May are expected to be the $125,000 lump sums. Benefits for employees are more complicated. They are eligible for $2,500 for each 1 percent permanent impairment caused by covered conditions. They will receive $15,000 for any year in which they lost at least half their wages because of a covered illness or $10,000 if they lost 25 percent to 50 percent of their wages. More information can be found at www.dol.gov/esa on the Internet. Click on "Energy" under the heading of "Office of Workers Compensation Program." Claims continue to be accepted for both parts of the program. Call the Hanford Resource Center in Richland at 946-3333 or 1-888-654-0014. In many cases claimants may qualify for compensation under both parts of the program. © 2005 Tri-City Herald, Associated Press &Other Wire Services ***************************************************************** 30 SF Chronicle: U.S. to speed payouts on lab worker claims / Cases of exposure at nuclear facilities stuck in backlog Edward Epstein, Chronicle Washington Bureau Wednesday, January 12, 2005 Washington -- Labor Secretary Elaine Chao pledged Tuesday to expedite payments to thousands of people, including many in the Bay Area, who may have developed cancer or other serious diseases while working at nuclear weapons research facilities. The Energy Employees Occupational Illness Compensation Program has been in existence for four years, but has been dogged by a slow-moving bureaucracy. Chao acknowledged that her department, which under legislation passed by Congress last year is taking over a key part of the program from the Energy Department, is trying to whittle a backlog of 25,000 claims from workers and their survivors. Some people, ill with cancers or berylliosis, a serious respiratory ailment caused by exposure to beryllium used to initiate chain reactions in nuclear weapons, have been waiting four years for their claims to be decided and their frustrations are mounting. The first three claims were paid in recent days to survivors of deceased workers in Tennessee and Kentucky under the revised program, Chao said, and hundreds more will be paid before final regulations are issued, probably in May. "American energy workers helped to build the technology that won the Cold War,'' Chao told reporters in a conference call. "Their sacrifices helped keep America free. They and their survivors deserve quick and compassionate compensation.'' Chao's resolve was welcomed by Inga Olson of the group Tri-Valley CAREs, (Communities Against a Radioactive Environment) which has helped file claims with hundreds of workers from the Lawrence Livermore, Lawrence Berkeley and Sandia national labs and the Stanford Linear Accelerator Center. "Those are positive signs -- that the Labor Department is paying some survivors. The people here in Livermore are hopeful that the new program will make a difference,'' she said. Over the past four years, the federal program has paid about $5.5 million for about 40 cases at Lawrence Berkeley and Livermore labs, but no claims were paid at Sandia or Stanford. In all, federal records show about 2,300 claims were filed in the Bay Area. Many are still pending, including those held up while what are called exposure study dose reconstructions are carried out by the National Institute for Occupational Safety and Health. Those studies involve trying to figure out how much exposure workers making claims had to beryllium, uranium, plutonium or other dangerous substances. Authorities then estimate what percentage of the disease is attributable to work at the weapons facilities. But families complain that records are incomplete and that some workers have been shuttled among several facilities, even nuclear test sites. The slow-moving process has taken a toll on those who have fallen ill and their survivors. "I wanted to find out what caused my husband's death,'' said Joyce Brooks of Livermore. Her husband Carl Brooks, a 32-year worker at the Lawrence Livermore and Berkeley labs, died in 2000 at age 69. He died of a lung disease she believes was caused by exposure to beryllium, although she has had a hard time nailing down that diagnosis because Carl Brooks didn't get certain blood tests that would allow for a definitive medical opinion. Working with a specialist at the University of Iowa medical school, Joyce Brooks, is trying to convince the Labor Department to pay her a survivor's benefit that could be worth $125,000. The latest step was a letter she received recently from the department saying her claim met two of three criteria needed for acceptance. Labor Department analysts in Seattle are reviewing her latest evidence, raising Brooks' hope that her 4-year-old claim will finally be paid. "When you die at 69, it's too early. I felt we should have had at least 10 more years together. I just want them to admit what caused his death,'' said Brooks, 72, the mother of five and grandmother of nine. The paperwork and frustrations involved in filing a claim can discourage many potential claimants. To help them, the Labor Department opened a center in Livermore last year to assist in filling out forms and getting the needed medical information after lobbying by Rep. Ellen Tauscher, D-Walnut Creek, and Sen. Dianne Feinstein, D-Calif. Tauscher, whose district includes the Livermore and Sandia labs, said, "I have long sought legislative solutions that would reduce the exhausting delays in awarding assistance to employees who became ill while serving our nation's energy infrastructure and I appreciate Secretary Chao's commitment to achieve that goal.'' Olson of Tri-Valley CAREs said the center is encouraging more people to come forward, but others still won't do it. "Some workers are not applying because it's just too much work. They're working on living and dealing with their diseases,'' she said. Claims center The Labor Department center for help in filing claims can be reached at (925) 606-6302. E-mail Edward Epstein at eepstein@sfchronicle.com. ***************************************************************** 31 MSNBC: Russian study links rocket fuel, health woes Unpublished report sees impact on children near space launch site A Russian-built Proton rocket lifts off from the Baikonur Cosmodrome in July 2000, carrying the Zvezda service module for the international space station. By Robert Roy BrittSenior science writerUpdated: 4:40 p.m. ET Jan. 12, 2005 A new study out of Russia says that children in some areas near Kazakhstan's Baikonur Cosmodrome are twice as likely to require medical attention as other children in the region. According to an unpublished report, the cause of illness is believed to be highly toxic fuel from spent rocket stages that spills onto the sparsely population region. Baikonur is where Russia's space agency conducts a majority of its space launches. The report was revealed today in the journal Nature. The announcement follows the release this week of a separate study of the risk here in the United States of perchlorate, a rocket-fuel component known to be health-threatening. The chemical has been found in the drinking water of at least 11 million U.S. residents. Traces of perchlorate have also been found in lettuce and milk. The Russian study was done by Vector, the State Research Center of Virology and Biotechnology. The researchers examined health records from 1998 to 2000 of 1,000 children in two polluted areas, along with the records of 330 children in a nearby unpolluted area. The study is controversial even before it has been officially released. Baikonur is a significant revenue source for the Russian government, the journal notes, estimating that profit from a single commercial launch may be as high as $25 million. The spaceport is critical to NASA, too. It is the only place from which supplies and crews headed for the International Space Station can be lofted into orbit while the U.S. shuttle fleet is grounded. NASA and the European Space Agency both contract with their Russian counterpart to use Baikonur. The Russian government has rejected the results of the study while medical experts elsewhere say they have not had a chance to judge its validity. U.S. tried to bury pollutant study, group says U.S. contamination While NASA uses its Florida-based Cape Canaveral facility to launch rockets out over the sea rather than over populated areas, the United States is not free of Space Age contamination. A study in 2003 found that lettuce grown in parts of the western United States were tainted with perchlorate, the main component of rocket fuel and missile propellant. It is in the drinking water of between 11 million and 20 million people in several states, various studies conclude. z Among contaminated sources is the Colorado River, which provides water to Los Angeles, Phoenix and Las Vegas and is used to irrigate 70 percent of the nation's lettuce crops, according to the Environmental Working Group, which performed the 2003 study in cooperation with scientists at Texas Tech University. Most of the perchlorate in U.S. water comes from military bases or plants operated by federal defense contractors, the study's scientists said. Perchlorate is also a component of fireworks. In excess quantities, perchlorate is thought to disrupt the production of hormones and, in fetuses, potentially cause mental retardation, loss of hearing and speech, and motor skill deficits. In adults, high doses can disrupt the function of the thyroid gland. Another study by the Environmental Working Group found perchlorate levels in milk ranging from 1.7 to 6.4 parts per billion. The group has urged state and federal agencies to consider stricter procedures to measure and control the contamination. New research A follow-up study in 2004 by the Food and Drug Administration (FDA) found traces of perchlorate in bottled water at retail stores, in milk across the country, and in lettuce tested in several states. FDA officials said there is no cause for alarm, and that further study was needed to determine just how toxic the chemical is. z "The scope of the data is too limited" for any conclusions to be drawn, according to an FDA statement, which advised: "Until more is known about the health effects of perchlorate and its occurrence in foods, FDA continues to recommend that consumers eat a balanced diet." According to the Environmental Protection Agency (EPA), perchlorate is present in the drinking water of 11 million Americans at concentrations of 4 parts per billion or higher. In an effort to determine acceptable limits of perchlorate consumption, the EPA set a "daily reference dose" of 0.00003 milligrams per kilogram of body weight, which the agency said would correspond to a drinking-water concentration of 1 part per billion based on assumptions about body weight and daily water consumption. An new study of perchlorate risk, just released by the National Academies' National Research Council (NRC) on Monday, suggests doses up to 20 times higher may be acceptable. "Daily ingestion of up to 0.0007 milligrams per kilogram of body weight can occur without adversely affecting the health of even the most sensitive populations," the NRC report concludes. The NRC researchers, scientists from various institutions and fields of expertise, drew on past studies in which patients have been administered perchlorate, ironically to treat thyroid conditions. "A few patients had serious adverse reactions," the NRC states, but more recently "patients with hyperthyroidism have been treated effectively and safely with moderate doses of perchlorate for up to two years." A perchlorate dose of more than 0.4 milligrams per kilogram per day would be required "to adversely affect thyroid hormone production and cause hypothyroidism," the study concludes. "However, the dose required to cause hypothyroidism in pregnant women, infants, children, and people with low iodide intake or pre-existing thyroid dysfunction might be lower." Lauren Sucher, a spokesperson for the Environmental Working Group, said in a telephone interview today that the EPA will have to consider other factors in setting a drinking water standard, however. Babies, for example, are at higher risk due in part to their lower body weight. "Once the EPA takes into account childrens' and babies' exposure to this rocket fuel component and figures in food exposure, they should reach a much lower drinking water standard," Sucher told SPACE.com. Confusion near Baikonur Near Baikonur, a variety of illnesses were noted. The level of some blood and endocrine, or gland disorders in polluted areas is more than twice the regional average. But experts outside Russia who have seen the study can't verify how the data was collected. "They say that although such results should be regarded with caution, given the sometimes disorganized state of the country's medical records, the problem deserves international attention," the journal states. The study was led by epidemiologist Sergey Zykov, who said it confirms pollution fears raised by environmental groups. Zykov said Russian space agency officials had a "negative attitude" to studies from outside the agency. Another scientist who has campaigned against launches alleges to have been harassed by security officials, the journal article said. Nature confronted Russian officials, who admit there's pollution but "rejected the conclusions of Zykov's study." There are other complexities. Valerie Beral, an epidemiologist at Cancer Research UK in Oxford, said some studies of the 1986 Chernobyl nuclear accident produced conclusions that could not be replicated by other scientists. In some cases, Russian researchers have been accused of releasing alarming findings to attract funding from the West. In an editorial, the journal said "ESA and NASA use Baikonur, but neither they nor the Russian administrators of the base seem overly concerned about the population." Further study is needed, the editorial urged, and ESA and NASA should contribute to financing it. © 2005 Space.com. All rights reserved. . ***************************************************************** 32 NRC: NRC Extends Opportunity to Request Use of New Standard for Addressing Existing Fire Protection Issues News Release - 2005-00 U.S. NUCLEAR REGULATORY COMMISSION Office of Public Affairs Telephone: 301/415-8200 Washington, DC 20555-0001 E-mail: opa@nrc.gov No. 05-009 January 12, 2005 The Nuclear Regulatory Commission has extended, to Dec. 31, 2005, the date for nuclear power plant operators to request use of a new, optional fire protection standard to resolve existing issues with a plants fire protection plans. The new standard, which focuses resources on issues of the greatest risk significance, was announced in July 2004 and is described in a press release on the NRCs Web site at this address: http://www.nrc.gov/reading-rm/doc-collections/news/2004/04-076.ht ml. Nuclear power plant operators originally had until Jan. 16 to request the new standard be applied to existing issues. The NRC concluded the extension protects public health and safety, since nuclear plant operators must have the means to compensate for any existing problems to be dealt with under the standard, said Sunil Weerakkody, Chief of the Fire Protection Engineering Section in the NRCs Office of Nuclear Reactor Regulation. The Nuclear Energy Institute asked the NRC, in July 2004, to extend the deadline to Dec. 31 to allow for adequate planning and budgeting by plant operators. NRC staff considered possible safety implications, the need to start bringing fire-protection issues to closure, and other factors before agreeing to the extension. The NRCs decision, and a companion Enforcement Policy revision, are outlined in a Federal Register notice, to be published shortly. The revised policy will be available on the NRC Web site at this address: http://www.nrc.gov/what-we-do/regulatory/enforcement/enforc-pol.p df [PDF Icon] . The NRCs Public Document Room (phone 800-397-4209 or 301-415-4737) can help interested persons obtain these materials. Last revised Wednesday, January 12, 2005 ***************************************************************** 33 NA: Report assesses health implications of perchlorate exposure - National Academies advisory 12 Jan 2005[ align=] Washington - A new report by the National Academies' National Research Council on the health effects of perchlorate, a chemical that in high doses can decrease thyroid function in humans and that is present in many public drinking-water supplies, says daily ingestion of up to 0.0007 milligrams per kilogram of body weight can occur without adversely affecting the health of even the most sensitive populations. That amount is more than 20 times the "reference dose" proposed by the U.S. Environmental Protection Agency in a recent draft risk assessment. Environmental releases of perchlorate -- a component of rocket fuel and fireworks -- have been discovered in 35 states, and more than 11 million people have perchlorate in their drinking water at concentrations of 4 parts per billion or higher. As it considers a first-ever national standard for acceptable levels of perchlorate in drinking water, EPA has issued a series of draft risk assessments, each containing a reference dose upon which a standard could be based. Controversies over the scientific conclusions reached in the risk assessments, however, led the federal government to request that the National Research Council review the issue. The most recent EPA risk assessment, published in 2002, proposes a daily reference dose of 0.00003 milligrams per kilogram (mg/kg) of body weight, which the agency said would correspond to a drinking-water concentration of 1 part per billion based on certain assumptions about body weight and daily water consumption. The committee that wrote the Research Council report did not include a corresponding drinking-water concentration with its reference dose because the assumptions that are used to derive drinking-water standards involve public-policy choices that were beyond the committee's charge. Perchlorate inhibits the thyroid's uptake of iodide, which is essential for the production of thyroid hormones. One potential consequence of that effect is low thyroid hormone production, or hypothyroidism. EPA has predicted that an ultimate consequence of that effect is the development of thyroid tumors -- a conclusion the agency based on the occurrence of a few thyroid tumors in rats exposed to perchlorate. The committee disagrees with EPA's conclusion and thinks that perchlorate exposure is unlikely to lead to thyroid tumors in humans. Humans are much less susceptible to disruption of thyroid function or formation of thyroid tumors than rats, and therefore the way rats responded to perchlorate exposure is not a good indicator of how humans would react. In the past, high doses of perchlorate were used to treat patients with hyperthyroidism, or excessive thyroid hormone production, but a few patients had serious adverse reactions, and the use of perchlorate in this manner was largely abandoned. More recently, patients with hyperthyroidismhave been treated effectively and safely with moderate doses of perchlorate for up to two years. Perchlorate has been administered to healthy subjects in doses ranging from 0.007 mg/kg to 9.2 mg/kg per day with no changes in thyroid hormone production to suggest any adverse effect on thyroid function. On the basis of these and other studies, the committee concluded that a perchlorate dose of more than 0.4 mg/kg per day would be required to adversely affect thyroid hormone production and cause hypothyroidism. However, the dose required to cause hypothyroidism in pregnant women, infants, children, and people with low iodide intake or pre-existing thyroid dysfunction might be lower. There have been studies on the health effects of human populations exposed to perchlorate, but they were studies in which data were available for geographic areas, not for individuals. Relationships observed at the geographic level may not apply at the individual level, and therefore such studies cannot provide direct evidence of causation. They can support a possible association between two events, however, which allowed the committee to reach some conclusions based on those studies. In particular, the committee found that the available evidence is not consistent with an association between exposure to perchlorate in the drinking water at concentrations up to 120 parts per billion during pregnancy and changes in thyroid hormone production in normal-birth weight, full-term newborn infants. The evidence is insufficient to determine whether or not there is an association between perchlorate exposure and adverse neurodevelopmental outcomes in children. Because of the weaknesses in the studies of the health effects in human populations exposed to perchlorate in the environment, the committee recommended against using them to determine a reference dose. Rather, it recommended using a 2002 clinical study in which groups of healthy men and women were administered perchlorate in daily doses ranging from 0.007 mg/kg to 0.5 mg/kg for 14 days. The study found no statistically significant inhibition of iodide uptake by the thyroid at the 0.007 mg/kg daily dose. The findings in this study are supported by the results in four other studies of healthy subjects, including a six-month study. The committee recommended that an uncertainty factor of 10 be applied to the 0.007 mg/kg per day level to protect the fetuses of pregnant women who might have hypothyroidism or iodide deficiency. This results in the 0.0007 mg/kg per day reference dose recommended in the report. One committee member, concerned over the adequacy of the data, dissented and thought that an additional uncertainty factor of three should be applied. The rest of the 15-member committee responded by pointing out that the key study examined the effects of four dose levels in a total of 37 subjects, and that four other studies had remarkably similar results. The committee was unanimous in all other findings and recommendations. The committee emphasized that the reference dose should be based on inhibition of iodide uptake by the thyroid in humans, which is not an adverse effect but the key biochemical event that precedes any health effects caused by perchlorate exposure. The committee called this a "conservative, health-protective approach to perchlorate risk assessment." It also suggested studies that have the potential to more precisely define "safe" perchlorate exposures. Future findings could result in the need to adjust the reference dose recommended in the report, the committee acknowledged. The study was sponsored by the U.S. Environmental Protection Agency, the U.S. Department of Defense, the U.S. Department of Energy, and NASA. The National Research Council is the principal operating arm of the National Academy of Sciences and the National Academy of Engineering. It is a private, nonprofit institution that provides science and technology advice under a congressional charter. A committee roster follows. Copies of Health Implications of Perchlorate Ingestion will be available later this winter from the National Academies Press; tel. 202-334-3313 or 1-800-624-6242 or on the Internet at http://www.nap.edu. Reporters may obtain a pre-publication copy from the Office of News and Public Information (contacts listed above). [ This news release and report are available at http://national-academies.org] Contacts: Bill Kearney, Director of Media Relations Maureen O'Leary, Director of Broadcast and Special Projects Megan Petty, Media Relations Assistant Office of News and Public Information 202-334-2138; e-mail news@nas.edu National Research Council Division on Earth and Life Studies Board on Environmental Studies and Toxicology and Institute of Medicine Board on Health Sciences Policy Committee to Assess the Health Implications of Perchlorate Ingestion Richard B. Johnston Jr., M.D. (chair) Associate Dean Research Development; Professor Department of Pediatrics University of Colorado School of Medicine; and Executive Vice President for Academic Affairs National Jewish Medical and Research Center Denver Stacy Branch, D.V.M., Ph.D. Consultant and Owner Djehuty Biomed Consulting; and Adjunct Associate Professor Department of Animal Science School of Agriculture and Environmental Science North Carolina Agricultural and Technical University Clayton Gregory Brent, M.D. Professor of Medicine and Physiology David Geffen School of Medicine University of California, Los Angeles; Chief Endocrinology and DiabetesSection; and Director of Fellowship Program Endocrinology, Metabolism, and Diabetes Section VA Greater Los Angeles Healthcare System Los Angeles Rosalind Brown, M.D. Director of Clinical Trials Research Endocrine Division Children's Hospital Boston Charles C. Capen, D.V.M., Ph.D. Distinguished University Professor Ohio State University Columbus David Cooper, M.D. Professor of Medicine - Endocrinology Johns Hopkins University School of Medicine; Professor of International Health Johns Hopkins University Bloomberg School of Public Health; Director Thyroid Clinic Johns Hopkins Hospital; and Director Division of Endocrinology Sinai Hospital of Baltimore Baltimore Richard Corley, Ph.D. Staff Scientist, Biomonitoring and Biological Modeling Group Pacific Northwest National Laboratory Richland, Wash. Linda D. Cowan, Ph.D. George Lynn Cross Research Professor Department of Biostatistics and Epidemiology University of Oklahoma Health Sciences Center Oklahoma City James C. Lamb IV, Ph.D., J.D. Senior Vice President The Weinburg Group, Inc. Washington, D.C. George Lambert, M.D. Director Center for Childhood Neurotoxicology and Exposure Assessment Environmental and Occupational Health Sciences Institute Rutgers University Piscataway R. Michael McClain, Ph.D. Toxicology Consultant McClain Associates; and Adjunct Professor Environmental and Occupational Health Sciences Institute University of Medicine and Dentistry of New Jersey Randolph Susan L. Schantz, Ph.D. Professor of Toxicology University of Illinois Urbana-Champaign Dalene Stangl, Ph.D. Director Institute of Statistics and Decision Sciences, and Professor of Statistics and Public Policy Duke University Durham, N.C. Lynette Stokes, M.P.H., Ph.D. Chief Bureau of Hazardous Material and Toxic Substances Environmental Health Administration Department of Health Washington, D.C. Robert D. Utiger, M.D. Clinical Professor of Medicine Harvard University School of Medicine Boston STAFF Ellen Mantus, Ph.D. Study Director Contact: Bill Kearney news@nas.edu The National Academies ***************************************************************** 34 Paducah Sun: Paducah sick worker http://www.paducahsun.com Sick-worker case backlog means 6-month pay delay By Joe Walker jwalker@paducahsun.com 270.575.8656 Wednesday, January 12, 2005 Labor Secretary Elaine Chao says it will take her staff until May to make preparations for the 25,000 backlogged claims. It will be midyear before disabled Paducah Gaseous Diffusion Plant workers start being compensated for diseases related to toxic exposure, the U.S. Labor Department says. That's because the department will not have regulations and resources in place until late May to process the bulk of 25,000 claims backlogged nationwide — many for as long as four years — under a program that had been handled by the Department of Energy. Labor Secretary Elaine Chao could not estimate how long it will take to work through the backlog but said her agency will do its best. The Labor Department is hiring 200 more claims examiners, either directly or by contract, to absorb the load. "These workers were harmed in service to our country, and compensation to them and their families is long overdue," Chao said. "We are working very hard to ensure that this program is up and running as quickly as possible and that these workers receive the compensation they are due." Chao and Shelby Hallmark, who heads the program, held a media teleconference Tuesday to provide an update and answer questions. The Labor Department took over the program in October by an act of Congress. Among other things, the Labor Department pays survivors a flat $125,000 if a worker died of a covered condition. If an employee lost work before dying, compensation increases to $150,000 or $175,000, depending on extent of lost wages. Hallmark said there about 1,000 of those cases nationwide, including about 100 that have been approved and will be paid within a month. Three checks have been issued so far: one to Lera "Ernestine" Cloyes of Ashland, widow of Paducah nuclear worker James Cloyes, and two to women in Oak Ridge, Tenn. For the remaining cases — those of living workers who suffered disabilities and wage losses — regulations must be in place to calculate the level of compensation. Fortunately, about 90 percent of those also involve claims filed under a separate program paying $150,000 for workers with radiation-induced cancer, chronic beryllium disease and silicosis, Hallmark said. "That does give us a leg up because our claims processors in the four district offices are familiar with the cases," he said. In some instances, claims personnel may have medical records for the same condition that prompted a claim under both programs, Hallmark said. The new program establishes a $250,000 payment cap, which means total maximum compensation is now $400,000 under both programs. Positive findings under the cancer program are accepted under the toxic-exposure program for the same illnesses. As of Jan. 3, the Labor Department had paid $173.4 million on behalf of 1,157 Paducah nuclear workers for radiation-induced cancers or beryllium disease. Another 999 had been referred to the National Institute of Occupational Safety and Health to determine if there was a link between exposure and disease. Most of the claims denied under the cancer/beryllium disease program were because they were filed under both the Labor and Energy departments for the same condition, Hallmark said, adding that the Labor Department is reviewing those. He said 1,905 Paducah cases have been denied out of 4,433 filed. It is too early to determine the backlog under the toxic-exposure program in individual cities like Paducah, Hallmark said, but the Labor Department is working to clarify the numbers. Leon Owens of the local nuclear workers' union said NIOSH officials have agreed to meet at 10 a.m. Feb. 10 with current and former employees to discuss an exposure profile of the Paducah plant. He said the meeting is tentatively planned for the Robert Cherry Civic Center to provide adequate parking. A similar meeting is being arranged for Feb. 11 for construction tradesmen who have worked at the plant over the years, Owens said. Although the plant profile was for radiation exposure only, workers think it should be expanded to cover work areas and toxins to help speed up claims under the new program, Owens said. Another concern is that the profile relies heavily on exposure data from the Energy Department, which was spotty until recent years. NIOSH spokesman Fred Blosser encouraged those who have concerns about site profiles to contact the agency at 513-533-6800 or by e-mail at ocas@cdc.gov. He said NIOSH is involved only with the program for radiation-induced cancer and beryllium disease, not the toxic-exposure program. There are about 11,000 radiation exposure reconstructions pending nationwide, partly because NIOSH was understaffed in earlier years and also has had trouble getting old Energy Department records. "We've staffed up and consequently increased the rate of doing the work," Blosser said. "To date, we've processed 6,243 cases." Claims may be filed at the Paducah Energy Employees Compensation Resource Center, 125 Memorial Drive, next to Milner & Orr Funeral Home off Blandville Road. Phone: 534-0599 or toll-free 866-534-0599. E-mail: paducah.center@eh.doe.gov. ***************************************************************** 35 [NukeNet] Laser Enrichment Date: Wed, 12 Jan 2005 14:24:18 -0800 NukeNet Anti-Nuclear Network (nukenet@energyjustice.net) Greetings everyone. Thats great news about the Laser seperation process in America, I hope that we can put an end to it in Australia also. For those who don't know about this program in Australia I am attaching a PDF doc (soory kind of large) that was put out by Greenpeace. http://www.greenpeace.org.au/frontpage/pdf/silex_report.pdf I am also hoping to talk about this when I come to America in March to join the International Peace Walk from Y-12 to the NPT. Peace Marcus Atkinson Check out the International Peace Pilgrimage homepage. www.peacepilgrimage.net _______________________________________________________________________ Subscribe/Unsubscribe Here: http://www.energyjustice.net/nukenet/ Change your settings or access the archives at: http://energyjustice.net/mailman/listinfo/nukenet_energyjustice.net ***************************************************************** 36 [us-water-network] Panel contends perchlorate safer than EPA Date: Wed, 12 Jan 2005 01:31:17 -0600 (CST) US Water Network -- posted by svarghese@iatp.org ============================================================ Panel contends perchlorate safer than EPA standard!! By Kim McGuire Denver Post Staff Writer A toxic chemical used in rocket fuel and explosives and found at three Colorado sites is safe for consumption at levels 20 times greater than federal regulators currently allow, a panel of scientists said Monday. In a National Academies of Sciences report that could lead to new drinking water standards and trigger costly cleanups at military installations, researchers concluded that perchlorate can be consumed at levels considerably higher than that proposed by the Environmental Protection Agency. But the panel, chaired by a Denver physician, stopped short of recommending safe drinking water levels for perchlorate, saying the highly politicized issue wasn't within its purview. "We can't comment on water levels because it's going to vary from place to place," said Dr. Richard Johnston Jr., the committee's chairman and an associate dean at the University of Colorado School of Medicine. Several environmental groups immediately assailed the panel's findings, charging that the Pentagon, which has argued for weaker standards, influenced the report. "We've never seen such a brazen campaign to pressure the National Academies of Sciences to downplay the hazards of a chemical, but it fits the pattern of this administration - manipulating science at the expense of public health," said Erik Olson, a Natural Resources Defense Council attorney. Academy scientists estimated that more than 11 million people in the U.S. drink water tainted with perchlorate, which interferes with normal thyroid function. EPA studies have found that even small doses of perchlorate in drinking water increase the risk of thyroid problems in fetuses and infants. In 2002, federal environmental regulators suggested that 1 part per billion - equivalent of a half-teaspoon in an Olympic-size swimming pool - was an acceptable limit. But the Pentagon argued that the EPA's studies were scientifically flawed, saying drinking water standards could be set at levels 200 times higher. While the NAS report didn't adopt a drinking water standard, it did recommend a safe exposure limit equal to about 20 parts per billion. Perchlorate has been found 35 states - just about anywhere rockets and explosives were ever tested or made. It has also been found in vegetables irrigated with water from the Colorado River, which has been contaminated by a Nevada manufacturing facility. In Colorado, state health officials have known about perchlorate contamination at the Pueblo Army Depot for several years. More recently, perchlorate was found at DuPont's former Louviers explosives-manufacturing facility in Douglas County and at a nearby mineral processing plant. Like most states, Colorado currently does not have a drinking water standard for perchlorate. State officials say they have been awaiting the NAS report for guidance on the issue. "Perchlorate is another example of an emerging contaminant," said Gary Baughman, the state health department's director of hazardous materials and waste management division. "We have had discussions about it on a national level and have been very anxious to read this this report." EPA officials had no immediate comment but have said they will likely set pollution limits on perchlorate by 2006. Staff writer Kim McGuire can be reached at 303-820-1240 or kmcguire@denverpost.com. http://www.denverpost.com/Stories/0,1413,36~53~2646351,00.html ============================================================ View the ARCHIVES of this list at: http://216.43.125.72/listarchive/ For help with listserv SUBSCRIPTIONS visit: http://216.43.125.72/listarchive/subscriptions.cfm Questions, comments, concerns? Email us: support@iatp.org ***************************************************************** 37 Hearings on rad waste; Exelon Nuclear face lift Date: Wed, 12 Jan 2005 14:27:34 -0800 N E W S R E L E A S E COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA Department of Environmental Protection Commonwealth News Bureau Room 308, Main Capitol Building Harrisburg, PA 17120 FOR IMMEDIATE RELEASE 1/12/2005 CONTACT: Ron Ruman Phone: (717) 787-1323 DEP TO HOLD MEETING, HEARING ON ALARON¹S PROPOSED EXPANSION IN LAWRENCE COUNTY Events Mark Latest in Series of Ongoing Efforts by DEP to Give Residents Opportunities to Comment on Plans for Expanded Waste Treatment Plant HARRISBURG: Environmental Protection Deputy Secretary for Air, Recycling and Radiation Protection Thomas Fidler today announced that DEP will hold a public meeting and hearing on Alaron Corp¹s application to include the processing of mixed hazardous and low-level radioactive waste, commonly called mixed waste, among the treatment services it offers at its Lawrence County facility. The informational meeting will be held from 6 p.m. to 7 p.m. Tuesday, Jan. 18 at the New Beaver Borough Building, 778 Wampum-New Galilee Road. This meeting will be followed immediately by a public hearing from 7 p.m to 9 p.m. at the same site. One public meeting was held already in early December. Alaron Corp. currently is engaged in the treatment and decontamination of low-level radioactive materials and waste under a license from the Nuclear Regulatory Commission, and the company will continue to operate that portion of the business. Alaron Corp. is seeking a hazardous waste permit to process paper, rags, plastic, glass, floor sweepings and other materials that are contaminated with solvents, oils and other fluids that cause the waste to be classified as hazardous and low-level radioactive wastes. The process the company proposes involves stabilizing and reducing the volume of the waste by compaction under extreme pressure, and preparing it for disposal at out-of-state disposal facilities. Alaron¹s only client is the U.S. Department of Energy, which retains responsibility for the transportation, treatment and disposal of the material. The mixed waste, which comes from government facilities, has been difficult to dispose of because authorized disposal facilities can accept only limited volumes and forms of this material. As a result, there are large amounts of mixed waste at federal government sites awaiting proper treatment and disposal. The mixed waste is classified as Class A low-level radioactive waste, the least radioactive class. At the Jan. 18 public meeting, DEP will describe the application review process and siting criteria. The meeting will include time for public questions on the permitting process and the Phase I Commercial Hazardous Waste Treatment Facility Siting Application. General information about the application and permit review process will be available prior to the meeting, similar to what DEP sponsored Dec. 7. During the public hearing from 7 p.m. to 9 p.m., DEP will take public testimony on the Phase I application. To reserve time to testify at this hearing, contact DEP Community Relations Coordinator Freda Tarbell at 814-332-6848. DEP will accept written comments on the application until Feb. 4. Written comments should be sent to: Hazardous Waste Facility Siting Team Leader, Pennsylvania Department of Environmental Protection, P.O. Box 8471, Harrisburg, PA 17105-8471. Comments also may be submitted electronically at EPHazWasteSitingTeam@state.pa.us. Copies of the Phase I application are available for review or copying between 8 a.m. and 4 p.m. at the following locations: · DEP¹s Northwest Regional Office, 230 Chestnut St., Meadville; 814-332-6848. · DEP¹s Bureau of Land Recycling and Waste Management, Division of Hazardous Waste Management, 14th Floor Rachel Carson State Office Building, 400 Market St., Harrisburg; 717-787-6239. · Alaron Corp., 2138 State Route 18, Wampum; 724-535-5777. It is advisable to call ahead for an appointment to review and copy to ensure proper assistance. DEP may charge a fee for copying. ³DEP wants to ensure the public and local government with every opportunity to offer input,² Fidler said. ³This application will be thoroughly reviewed at the local, state, and federal levels before any permits are issued.² For more information on hazardous waste, visit DEP¹s main Web site at www.dep.state.pa.us. # # # 2005 Return to Main News Releases Page. Individuals & Families | Students | Educators | Farmers | Local Government | Business PA Home Site | Ask DEP | Plug-Ins | Home Page Contact Webmaster Attachment Converted: "c:\program files\eudora\attach\Nuclear face lift.pdf" ***************************************************************** 38 PCNH: Brush Wellman reaches $276,289 settlement with Ohio EPA - portclintonnewsherald.com Wednesday, January 12, 2005 Air pollution violations at Elmore plant News Herald reports The Ohio Environmental Protection Agency has reached a $276,289 settlement with Brush Wellman Inc. to resolve air pollution violations that occurred at its Elmore facility. The violations, which occurred on various dates between 1980 and 2004, included failure to monitor and/or record various information associated with operation of the air pollution control equipment as well as lost data logs. These monitoring and record-keeping procedures are required in order to ensure that emission control equipment is operating properly. The company manufactures beryllium-containing products for electrical, mechanical and aerospace uses. According to a news release from the EPA, the company also failed to evaluate emissions from equipment that processes beryllium fluoride by the required date. A rotary calciner processes the bulk solid materials at medium-to-high temperatures. EPA says the company violated federal air quality rules by not disclosing carbon monoxide emissions greater than 250 tons per year when seeking a permit for its arc furnace. Brush Wellman also failed to address nitrogen oxide emissions and obtain a permit-to-install for the copper-beryllium coil strip pickling line under federal rules. The pickling line used a chemical bath to clean the metal. Brush Wellman has corrected the pressure drop and flow rate violations and provided additional information to Ohio EPA in order to obtain the proper permit-to-install for the arc furnace. The company has permanently shut down the pickling line. The company will pay a $256,289 penalty to Ohio EPA. Half of the EPA penalty goes to the Ohio Environmental Education Fund and the other half to administer air pollution control programs, as required by state law. The remaining $20,000 of the settlement will be paid to the Ohio Department of Natural Resources Division of Forestry to fund urban-area tree planting. The Elmore area plant is located at 14710 W. Portage River South Road. Originally published Wednesday, January 12, 2005 Copyright ©2004 News Herald. All rights reserved. ***************************************************************** 39 UPI: Russian nuclear fuel worries Japan - (United Press International) January 12, 2005 Tokyo, Japan, Jan. 12 (UPI) -- Russia has been using a Soviet-era ship to transport spent nuclear fuel through the Sea of Japan, raising concerns about radioactive contamination. Japanese nuclear experts fear the vessel and its containers are not up to international standards, Asahi Shimbun reported Wednesday. Despite the risks involved, Moscow is not obliged to inform Tokyo of such shipments. However, Russian authorities provided a map of the ship's route, for the first time, to the Japan Atomic Industrial Forum in autumn 2003. The spent fuel is taken from dismantled nuclear-powered submarines at a plant on the Kamchatka Peninsula in Russia's Far East. It is then loaded on a ship which passes through La Pérouse Strait between Japan's Hokkaido Island and Russia's Sakhalin Island. The ship crosses the Sea of Japan and docks at the Russian port of Vladivostok to keep the fuel at a nearby temporary storage facility. From there, the fuel is carried by train to reprocessing plants. A researcher at the Russian Academy of Sciences said Moscow has no other route to get the spent nuclear fuel to the railway network. But even Russian scientists are concerned about possible hazards of transporting such a dangerous cargo by sea, the Russian researcher said. [UPI Perspectives] ***************************************************************** 40 Las Vegas RJ: EDITORIAL: An encouraging report Wednesday, January 12, 2005 Study concludes perchlorate level in Lake Mead not a threat A new report from the National Academy of Sciences concludes perchlorate exposure may be safe at 20 times the level previously set by the Environmental Protection Agency. Mind you, no one is saying that drinking rocket fuel is a good idea. The panel still recommends pregnant women, particularly, avoid water with even trace amounts of perchlorate, and take iodine supplements if exposed. But at least the new study -- commissioned by the Pentagon, the Department of Energy, NASA and the EPA -- starts to introduce some science to the question of how concerned Las Vegans should be about this industrial chemical leaching into Lake Mead from old industrial sites once occupied by chemical manufacturers Kerr-McGee and American Pacific. Ongoing cleanup efforts -- which are expected to continue for 20 years -- have so far reduced the amount of perchlorate detectable in Lake Mead by about half, according to Todd Croft, who's supervising the cleanup procedure for the state Division of Environmental Protection. Current levels in the lake measure about 4.2 parts per billion at last measurement -- higher than the 1 part per billion previously sought by the EPA, but considerably lower than the safe level recommended by the new report. (One part per billion amounts to half a teaspoon of salt dissolved in an Olympic-size swimming pool.) Several toxicologists told the Los Angeles Times that the study would likely result in the federal government setting a number between 2 and 6 parts per billion as the maximum allowable amount of perchlorate in drinking water -- meaning clean-up efforts at Lake Mead will obviously have to continue, as they should. But while "safety first" is always a good starting point, there has been a tendency in the past to establish "safe" limits of sundry toxins at the low end of the scale that can be measured. As more sensitive measuring technologies came online, "safe" levels were lowered without regard to new science -- or to the cost of attempting to reach these new levels. In a world of limited resources, millions of dollars spent to lower exposures to infinitesimal levels -- sometimes below the natural rate at which they occur in foods or the environment -- are dollars that can't be spent on more valuable pursuits. The new study should reduce public alarm, but this should by no means be the end of the matter. Scientists of good conscience can still differ on the interpretation of small sets of data. Research should continue. Copyright Las Vegas Review-Journal ***************************************************************** 41 Las Vegas SUN: Administration asked opinion on nuke waste case January 11, 2005 By Benjamin Grove LAS VEGAS SUN WASHINGTON -- The U.S. Supreme Court on Monday asked the Bush administration for its views on a Utah nuclear waste case that ultimately could have implications for Yucca Mountain. The case involves Private Fuel Storage L.L.C., a company that aims to construct a temporary storage area for high-level nuclear waste on Goshute Indian land 45 miles southwest of Salt Lake City. The site could eventually act as a layover storage area for waste ultimately bound for the federal government's planned permanent waste repository at Yucca, 90 miles northwest of Las Vegas. Yucca would not open until 2010 at the earliest. Utah officials have battled to block the temporary dump. The Nuclear Regulatory Commission is still considering whether to license it. Meanwhile Utah has said that barring nuclear waste storage should be a state's rights issue -- and used that argument when it tried to kill the project in court. But Utah lost its latest case in August when the 10th U.S. Circuit Court of Appeals effectively overruled Utah state laws that were designed to stop the the dump. So Utah on Oct. 28 appealed to the Supreme Court to hear its case. Utah officials generally are arguing that barring nuclear waste storage should be a state's rights issue -- an argument Nevada officials have lost in recent years, including last year in a federal court. But more specifically, Utah is asking the court to rule that, as a matter of law, the lower courts had no right to throw out state laws blocking the dump. The high court is deciding whether to take the case, and on Monday the court asked the U.S. solicitor general's office for its stance on whether Utah can ban waste storage in the state and also asked whether the federal government has exclusive rights over nuclear waste shipping and storage. The solicitor general handles Supreme Court cases for the White House and federal government. If the court takes the case, Utah could prod the court to consider waste transportation issues that it has not previously dealt with, said Joe Egan, a lawyer hired by Nevada to fight Yucca legal battles. But the Utah and Nevada cases are different in a number of ways so it's not clear yet how the Bush administration's opinion -- or the Supreme Court's -- would relate to Yucca, Utah assistant attorney general Denise Chancellor said. In its case Utah is specifically asking for the Supreme Court to examine whether the lower court had the right to overrule its state laws banning the Goshute dump, and it is unclear whether those laws could be compared to Nevada state laws aimed at blocking Yucca. Also, while the Utah site would be developed as a private venture, federal law specifically says that Yucca is to be the nation's waste repository, if it is scientifically suitable. The Energy Department has concluded that it is, and President Bush formally approved making it so. All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 42 Las Vegas SUN: State amends Yucca silica suit January 11, 2005 SUN WASHINGTON BUREAU WASHINGTON -- Lawyers for Nevada on Monday filed an amended lawsuit in a case involving ailing Yucca Mountain workers. Washington D.C.-area lawyer Joe Egan, hired by the state to lead Yucca legal battles, first filed a class action lawsuit in March on behalf of Yucca workers exposed to silica dust, which can cause lung disease. The suit was filed against nine corporate contractors working on the planned nuclear waste repository. The companies have denied Egan's charges that they willfully ignored silica problems. U.S. District Judge James Mahan last month told Egan the complaint was serious enough to go forward and should be examined through the discovery process, but he scolded Egan for excessive language in the lawsuit, and told him to cut the hyperbole. The amended 31-page complaint filed by Egan in the U.S. District Court of Nevada on Monday was edited and seven pages shorter, but still concludes that the corporate defendants "deliberately and deceitfully" exposed thousands of workers and visitors to toxic materials, including silica, erionite and mordenite. The defendants, which include Bechtel SAIC, Co., Parsons Brinckerhoff Construction Services and Kiewet Construction, have 30 days to file a reply. The companies vow to fight the charges in court. All contents copyright 2005 Las Vegas SUN, Inc. ***************************************************************** 43 dBusinessNews: Parsons Awarded Army Environmental Cleanup Contract : Daily Business News Delivered to Your Desktop Thursday, January 13, 2005 Los Angeles - PASADENA -- Parsons, a global leader in environmental restoration, announced today that it has been awarded a one-year base contract with four one-year options for environmental cleanup services at U.S. Army installations in the United States, Puerto Rico, and the U.S. Virgin Islands. Parsons is one of five firms awarded this contract. The initial contract value is $64 million but authorization exists to modify the contract up to the ceiling of $320 million for the total portfolio. The contract is to support a broad spectrum of the Army's cleanup strategy. Work will consist of a wide range of environmental remediation or response activities including investigations, remedial design, and remedial construction for hazardous substance and waste sites, munitions and chemical warfare material. Parsons has provided environmental cleanup at military sites for decades. Recent cleanup projects Parsons has managed include Hawaii's Kaho'olawe Island; Fort Ord in Monterey, California; Keesler Air Force Base in Biloxi, Mississippi; Seneca Army Depot in Romulus, New York; and Camp Stanley in San Antonio, Texas. "We're excited to continue supporting the Department of Defense in its efforts to clean up the environment," explains Milt Hunter, Parsons Senior Vice President. Parsons, celebrating over 60 years of setting industry standards, is a leader in many diversified markets, such as environmental compliance and remediation; facility planning, design and construction; military range management; homeland security; nuclear and chemical demilitarization, industrial processes; communications; transportation and water. Parsons provides technical and management solutions to private industrial customers worldwide as well as federal, regional and local government agencies. For more about Parsons, please visit us at . Posted on: Wednesday, January 12, 2005 04:01 AM Copyright @ 2004, dBusinessNews. ***************************************************************** 44 Jackson Hole Zone: Back DOE to reveal nuke waste numbers January 13, 2005 In response to concerns raised by Jackson residents, U.S. Department of Energy officials are preparing estimates of how much nuclear waste would be produced by a new plutonium facility. DOE is proposing consolidating plutonium-238 production at the Idaho National Lab, which sits about 100 miles west of Jackson. Three DOE representatives returned to Jackson for a second round of meetings Jan. 5 after Keep Yellowstone Nuclear Free, a Jackson-based group, complained about a lack of answers regarding the proposed plutonium facility. KYNF board member Tom Patricelli said he was concerned the facility might produce the kind of waste that would later need to be treated in an incinerator. KYNF defeated an earlier proposal by the Idaho lab to build a nuclear waste incinerator. DOE representative Tim Frazier stressed last week that the facility would generate little waste. The new 50,000 square foot facility would be designed to produce about five kilograms of plutonium per year, he said. Frazier promised to try to provide KYNF ballpark estimates of potential waste and emissions this week. DOE wants to move plutonium production from Oak Ridge National Laboratory in Tennessee and purification and encapsulation of plutonium from Los Alamos National Lab in New Mexico to Idaho. Plutonium-238 is about 270 times more radioactive per unit of weight than plutonium-239, the common ingredient in atomic bombs. Thus, even a few tiny particles of plutonium 238 can carry a radioactive punch, experts warn. Copyright 2003 The Jackson Hole Zone All Rights ***************************************************************** 45 DOE: Yucca Mountain in Nevada. meeting 2/9/5 FR Doc 05-595 [Federal Register: January 12, 2005 (Volume 70, Number 8)] [Notices] [Page 2190] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12ja05-129] [[Page 2190]] February 10, 2005--Caliente, Nevada; The U.S. Nuclear Waste Technical Review Board will meet to discuss DOE plans for transporting spent nuclear fuel and high-level radioactive waste to the proposed repository and development of a rail spur from Caliente, Nevada, to the repository site. Pursuant to its authority under section 5051 of Pub. L. 100-203, Nuclear Waste Policy Amendments Act of 1987, the U.S. Nuclear Waste Technical Review Board will meet in Las Vegas, Nevada, on Wednesday, February 9, and in Caliente, Nevada, on Thursday, February 10, 2005. Technical and scientific issues pertinent to the Department of Energy's (DOE) efforts to develop a repository at Yucca Mountain in Nevada will be discussed on Wednesday in Las Vegas. The meeting in Caliente on Thursday will focus on transportation planning issues and on the development of a rail spur from Caliente to the proposed repository site at Yucca Mountain. Final meeting agendas will be available approximately one week before the meeting dates. They can be obtained from the Board's Web site at http://www.nwtrb.gov or by telephone request. The meetings will be open to the public, and opportunities for public comment will be provided. The Board is charged by Congress with reviewing the technical and scientific validity of activities undertaken by the DOE related to nuclear waste disposal as stipulated in the Nuclear Waste Policy Amendments Act of 1987. On Wednesday, the meeting is scheduled to begin at 8 a.m. and to continue until approximately 5:30 p.m. It will be held at the Alexis Park Hotel; 375 Harmon Avenue; Las Vegas, NV 89109; 702-796-3300 or 800-582-2228; fax 702-796-3354. On Thursday, the meeting will begin at 10 a.m. and continue until approximately 4:30 p.m. It will be held at the Caliente Youth Center; Highway 93, North 4; Caliente, Nevada 89008. The meeting on Wednesday will include DOE program and project updates for fiscal year 2005. Updates on technical and scientific topics also will be presented, including the DOE's efforts to integrate elements within the waste management system, the DOE's approach to integrating total system performance assessment with repository design, and the DOE's thermal management strategy for a Yucca Mountain repository. On Thursday, the meeting will begin with discussions of DOE plans for a national program for transporting spent nuclear fuel and high- level radioactive waste from reactor and defense facilities to the proposed repository and of efforts to integrate transportation activities with waste acceptance and repository operations. After the lunch break, information will be presented on the planning and development of the proposed Nevada rail spur. Local, state, and tribal representatives will present their views on these activities. Time will be set aside at the end of both days for public comments. Those wanting to speak are encouraged to sign the ``Public Comment Register'' at the check-in table. A time limit may have to be set on individual remarks, but written comments of any length may be submitted for the record. Interested parties also will have the opportunity to submit questions in writing to the Board. As time permits, submitted questions relevant to the discussion may be asked by Board members. Transcripts of the meetings will be available on the Board's Web site, by e-mail, on computer disk, and on a library-loan basis in paper format from Davonya Barnes of the Board's staff, beginning on March 18, 2005. A block of rooms has been reserved at the Alexis Park Hotel for meeting participants. When making a reservation, please state that you are attending the Nuclear Waste Technical Review Board meeting. Reservations should be made by January 14, 2005, to ensure receiving the meeting rate. For more information, contact Karyn Severson, NWTRB External Affairs; 2300 Clarendon Boulevard, Suite 1300; Arlington, VA 22201- 3367; 703-235-4473; fax 703-235-4495. Dated: January 7, 2005. William D. Barnard, Executive Director, Nuclear Waste Technical Review Board. [FR Doc. 05-595 Filed 1-11-05; 8:45 am] ***************************************************************** 46 Rocky Mountain News: Quick action promised to nuke workers Secretary of Labor vows survivors will get their checks soon By Ann Imse, Rocky Mountain News January 12, 2005 Hundreds of the 23,000 sick nuclear weapons workers and their survivors who've been waiting up to four years for federal aid will start seeing checks any day now. That's the word from Secretary of Labor Elaine Chao, whose department took over the compensation program after the Department of Energy managed to get only 31 workers paid while spending $95 million on paperwork. In 2000, Congress passed a program to aid thousands of workers at atom bomb plants who were sickened by exposure to radiation or toxic chemicals on the job. Among them were workers at the former Rocky Flats nuclear weapons plant 16 miles northwest of downtown Denver. But Congress divided the compensation program into two, with drastically different results. Only 10 of 1,700 Rocky Flats applicants have been paid workers compensation under the half of the program run by the Department of Energy. In contrast, the Department of Labor side of the program, which covers different illnesses and provides different aid, has paid 242 Colorado atom- bomb workers $35.7 million in compensation and for medical bills. Labor has rejected applications of 880 Colorado workers and has yet to resolve 1,090 cases. Energy spent so much money getting so little done in part by paying a contractor $35 an hour for mail clerks labeled "data analysts," a government audit showed. It also spent $4.8 million on a computer program it could have purchased for $50,000, according to an Energy Department consultant. Atom-bomb workers criticized the department for what they called sloppy mistakes. Sandy Simons, of Morrison, said he was rejected because reviewers missed 90 pages of his file documenting 19 months of work in a plutonium lab at Los Alamos during World War II. After senators slammed the DOE for its performance, Congress transferred the Energy program to Labor last fall. On Tuesday, Chao promised quick action to help workers "whose sacrifice helped keep America free." But she didn't put a date on when they might see cash in hand. So far, three widows have been paid under the revised program, she said. None are in Colorado. Survivors will be paid first because they don't have to wait for regulations to be published in May. That's because the $125,000 death benefit is set in law, said Shelby Hallmark, the Labor executive in charge. He hopes to pay hundreds of survivors before the rules are published "to show that we are dead serious about getting payments out as quickly as we can." Sick workers, however, must wait for the rules, which will spell out how much they'll be paid depending on level of impairment and lost wages. Approval under the old Energy program only gave workers the chance to seek workers compensation from companies and insurers that were often defunct or unwilling to pay. The new law pays workers from the federal budget. Hallmark's promise to eventually review cases denied by Energy gives hope to people like former Rocky Flats worker George Barrie, of Craig. Energy decided that the plutonium he accidentally inhaled and drank caused only one of his 30 ailments. Hallmark's statements imply that Barrie's bill for the one illness will be paid soon and that the rest of his case will get a second look. Bomb worker aid • Oct. 11, 2000 Congress acknowledges nuclear bomb workers risked their lives and passes compensation program for those sickened by the job. • March 30, 2004 Senators discover the Department of Energy has spent $74 million on paperwork but only one worker has been paid. About 23,000 applicants await action. • April 2, 2004 Two top Energy officials in charge of the program resign. • June 16, 2004 Senate approves transfer of Energy program to Labor Department, which has decided 22,000 cases in its part of the program and paid out $800 million. • Oct. 8, 2004 Final plan goes to president. SITE MAP PHOTO REPRINTS CORRECTIONS 2005 © The E.W. Scripps ***************************************************************** 47 DenverPost.com: Flats families await U.S. aid Article Published: Wednesday, January 12, 2005 Labor secretary vows faster action on compensation By Kim McGuire Denver Post Staff Writer Federal officials said Tuesday that families of seven sickened Colorado nuclear workers should receive compensation this month, and they hope to approve hundreds of claims nationwide by this summer. The announcement signaled momentum in a newly created workers' compensation program managed by the U.S. Department of Labor. This week, the department issued the first three checks to survivors in Tennessee and Kentucky. Labor Secretary Elaine Chao pledged at a Washington news conference to expedite the thousands of claims that remain. "These workers were harmed in service to our country, and compensation to them and their families is long overdue," Chao said. Congress gave Labor officials authority to manage the program last year after complaints that the Department of Energy processed claims too slowly. During the four years DOE ran the program, it paid out 31 of 25,000 worker claims. In Colorado, only a few workers received compensation. Chao said the department has approved 100 claims by survivors nationwide since October and plans to distribute those payments within the next month: Seven were filed by survivors of Colorado nuclear workers. She said living former workers will likely begin receiving compensation and medical benefits after the department establishes the program's regulatory framework in May. During the Cold War, tens of thousands of workers handled hazardous materials such as plutonium, beryllium and uranium. Years later, many became ill. About 1,700 Rocky Flats workers and their families want to be compensated for illnesses they say they incurred while working at the plant near Golden. Terrie Barrie, whose husband worked as a machinist at Rocky Flats and suffers from 30 different ailments, said Tuesday's announcement indicates that help may finally be on the way. "It's significant to workers as a whole," said Barrie. "We're very glad that survivors are getting paid, but we hope that living workers will be compensated soon, as well." The Labor Department anticipates cutting through the backlog by not requiring a panel of doctors to sign off on each case and by providing direct payments instead of using contracts. "Many of the (Rocky Flats workers) are pretty weary," said Barrie. "But they remain hopeful that the Department of Labor will do what's right." Staff writer Kim McGuire can be reached at 303-820-1240 or kmcguire@denverpost.com. All contents Copyright 2005 The Denver Post or other copyright ***************************************************************** 48 Seattle Post-Intelligencer: Hanford arguments heard [seattlepi.com] Wednesday, January 12, 2005 By SHANNON DININNY THE ASSOCIATED PRESS YAKIMA -- The Energy Department and Washington state squared off in federal court yesterday over whether the state has authority to regulate storage of a certain type of radioactive trash at the Hanford Nuclear Reservation. The waste, known as mixed transuranic waste, typically is debris, such as clothing, equipment and pipes left over from nuclear weapons production, which has been contaminated with plutonium and hazardous chemicals. The state sued the Energy Department in 2003 to block shipments of the untreated waste to Hanford out of concern that it could be stranded at the site and add more waste to a spot already considered the nation's most contaminated nuclear site. The Energy Department has said the waste eventually will be shipped to the Waste Isolation Pilot Plant in New Mexico. And once the waste is designated as destined for WIPP, storage requirements do not apply, Mike Zevenbergen, a Justice Department lawyer, told U.S. District Judge Alan McDonald on behalf of the Energy Department. The state, however, has the authority to ban storage of waste already restricted from land disposal, such as hazardous waste, said Andrew Fitz, a state assistant attorney general. The waste may be safe to be stored at WIPP, but that doesn't mean it's safe to be stored at Hanford, he said. McDonald said he would take his time in ruling, given the complexity of the issues and the impact a decision could have on other lawsuits. [Seattle Post-Intelligencer] 101 Elliott Ave. W. Seattle, WA 98119 (206) 448-8000 Send comments to newmedia@seattlepi.com ©1996-2005 Seattle Post-Intelligencer ***************************************************************** 49 ABQjournal: LANL Shutdown Cost Review Sought Wednesday, January 12, 2005 LANL Shutdown Cost Review Sought Albuquerque Journal--> By Adam Rankin Journal Staff Writer A powerful Texas congressman wants to know how much taxpayer money was spent during Los Alamos National Laboratory's operations shutdown and subsequent restart, which is still ongoing. Rep. Joe Barton, a Republican and chairman of the House Energy and Commerce Committee, sent a letter Tuesday to the comptroller general of the United States seeking a review of costs associated with LANL director Pete Nanos' decision to cease all lab operations in July. "I would like you to review the stand down at LANL to determine (1) the total costs to the taxpayers... (2) the status of major research projects that have been disrupted, and how these programs recover; and (3) whether the costs associated with work suspension are reimbursable to the University of California under its contract," Barton wrote. LANL spokeswoman Kathy DeLucas said the work shutdown was something LANL had to do itself, or DOE would have likely required it. "It was something that we had to do, and we are learning from it," she said. The work stand down was initiated after two classified computer disks were discovered missing and a laser accident seriously injured a student intern's eye. The Department of Energy instituted a nationwide classified work stand down a few days later until each DOE facility could account for all its classified computer materials. At the time of the work shutdown, Nanos told employees in an e-mail that the move was necessary to ensure that the lab operates safely and meets national security obligations. Since then, LANL's 12,000 employees in 25 divisions have been working on reviewing safety and security procedures. Nearly all of the divisions and projects have been approved for restart and only a few of the higher-risk operations have yet to resume. In his letter to the comptroller general, David M. Walker, Barton placed fault for the shutdown on the University of California, which has operated LANL since 1943 when it was formed to develop the atomic bomb. "These incidents are the latest examples of a historical and cultural lack of focus and attention to safety and security management by the University of California," Barton wrote. LANL spokesman Kevin Roark said lab officials plan "to support and cooperate fully with comptroller Walker and chairman Barton with any and all information that they request." "Oversight is something that we are very, very used to," Roark said. The cost of LANL's restart was about $134 million as of Nov. 10, according to Barton, who cited figures from a Nov. 22 letter from Nanos. "However... the final cost of this work suspension will likely be much higher," Barton wrote. Roark said it is higher, but declined to give a figure, saying it isn't appropriate to disclose the most recent tally until Barton and Walker are updated. "We've been tracking it ever since DOE asked us to develop a methodology to do so," Roark said. Roark was careful to say that the shutdown and restart won't cost taxpayers any extra money. "We are not talking about extra money above and beyond what we normally spend day-to-day," he said. "Safety and security is central to our mission. If we can solve, to the degree possible, these safety and security issues, that in the long run makes the lab more cost effective, not less." Copyright 2005 Albuquerque Journal ***************************************************************** 50 Albuquerque Journal: LANL Shutdown Cost Review Sought Wednesday, January 12, 2005 By Adam Rankin Journal Staff Writer A powerful Texas congressman wants to know how much taxpayer money was spent during Los Alamos National Laboratory's operations shutdown and subsequent restart, which is still ongoing. Rep. Joe Barton, a Republican and chairman of the House Energy and Commerce Committee, sent a letter Tuesday to the comptroller general of the United States seeking a review of costs associated with LANL director Pete Nanos' decision to cease all lab operations in July. "I would like you to review the stand down at LANL to determine (1) the total costs to the taxpayers... (2) the status of major research projects that have been disrupted, and how these programs recover; and (3) whether the costs associated with work suspension are reimbursable to the University of California under its contract," Barton wrote. LANL spokeswoman Kathy DeLucas said the work shutdown was something LANL had to do itself, or DOE would have likely required it. "It was something that we had to do, and we are learning from it," she said. The work stand down was initiated after two classified computer disks were discovered missing and a laser accident seriously injured a student intern's eye. The Department of Energy instituted a nationwide classified work stand down a few days later until each DOE facility could account for all its classified computer materials. At the time of the work shutdown, Nanos told employees in an e-mail that the move was necessary to ensure that the lab operates safely and meets national security obligations. Since then, LANL's 12,000 employees in 25 divisions have been working on reviewing safety and security procedures. Nearly all of the divisions and projects have been approved for restart and only a few of the higher-risk operations have yet to resume. In his letter to the comptroller general, David M. Walker, Barton placed fault for the shutdown on the University of California, which has operated LANL since 1943 when it was formed to develop the atomic bomb. "These incidents are the latest examples of a historical and cultural lack of focus and attention to safety and security management by the University of California," Barton wrote. LANL spokesman Kevin Roark said lab officials plan "to support and cooperate fully with comptroller Walker and chairman Barton with any and all information that they request." "Oversight is something that we are very, very used to," Roark said. The cost of LANL's restart was about $134 million as of Nov. 10, according to Barton, who cited figures from a Nov. 22 letter from Nanos. "However... the final cost of this work suspension will likely be much higher," Barton wrote. Roark said it is higher, but declined to give a figure, saying it isn't appropriate to disclose the most recent tally until Barton and Walker are updated. "We've been tracking it ever since DOE asked us to develop a methodology to do so," Roark said. Roark was careful to say that the shutdown and restart won't cost taxpayers any extra money. "We are not talking about extra money above and beyond what we normally spend day-to-day," he said. "Safety and security is central to our mission. If we can solve, to the degree possible, these safety and security issues, that in the long run makes the lab more cost effective, not less." Copyright 2005 Albuquerque Journal ***************************************************************** 51 Cascadia Scorecard Weblog: The Hanford Files Northwest Environment Watch's take on the news that really matters January 12, 2005 The Hanford Files Here's a clear example in which an ounce of prevention would have been worth at least a pound of cure: the Nuclear Reservation, the facility in central Washington that, for four decades, produced plutonium for the nation's nuclear arsenal. The site is severely contaminated, and cleanup costs are absurdly expensive, somewhere in the range of through 2035. Now, as the Tri-City Herald , new liabilities are piling up, this time to compensate workers from Hanford and other federal nuclear sites whose health has suffered as a result of their on-the-job exposures. The Department of Labor has just taken over one such , after it languished in the hands of the Energy Department. Through the end of 2004, a similar Labor Department compensation program for nuclear workers had racked up outlays of about US$ one billion. All of this, obviously, is being paid for by federal taxpayers, adding expenses to an already out-of-balance federal buget. It all makes me wish that someone had been taking precautions earlier on. That way, my kids wouldn't still be paying in their middle age for toxic blunders that were made before their father was born. Posted by Clark Williams-Derry | ***************************************************************** 52 EPA: Hanford waste charactorization headed to WIPP FR Doc 05-618 [Federal Register: January 12, 2005 (Volume 70, Number 8)] [Proposed Rules] [Page 2101-2105] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr12ja05-31] ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 194 [FRL 7860-2] Proposed Approval of Waste Characterization Activities at the Hanford Central Characterization Project for Disposal at the Waste Isolation Pilot Plant AGENCY: Environmental Protection Agency. ACTION: Notice of availability; opening of public comment period. SUMMARY: The Environmental Protection Agency (EPA, we, or Agency) is announcing, and soliciting public comment for 45 days on, EPA's proposed approval of the Hanford Central Characterization Project (CCP) to characterize retrievably-stored, contact-handled, transuranic (TRU) debris waste for disposal at the Waste Isolation Pilot Plant (WIPP). EPA is also proposing to designate any changes or expansions to this waste characterization approval as Tier 1, according to EPA's recently effective procedures for approval of WIPP waste generator sites. A Tier 1 designation means that DOE must first obtain written approval from EPA prior to disposing of waste characterized using new or revised processes, equipment, or waste streams. The documents related to this proposed approval are available for review in the public dockets listed in SUPPLEMENTARY INFORMATION. In accordance with our 40 CFR 194.8(b) approval process, the EPA conducted an inspection of the Hanford CCP from September 8-12, 2003. The purpose of the inspection was to determine the technical adequacy of the CCP as implemented at Hanford for the characterization of transuranic waste from the Plutonium Finishing Plant (PFP) to be disposed of at the WIPP in New Mexico. During the EPA inspection, EPA evaluated several waste characterization (WC) activities used to characterize retrievably-stored, contact- handled debris waste. EPA evaluated the equipment, procedures and personnel training/experience for acceptable knowledge (AK), nondestructive assay (NDA), nondestructive examination (NDE) and data transfer for the WIPP Waste Information System (WWIS). DATES: EPA is requesting public comment on the documents. Comments must be received by EPA's official Air Docket on or before February 28, 2005. ADDRESSES: Comments may be submitted by mail to: EPA Docket [[Page 2102]] Center (EPA/DC), Air and Radiation Docket, Environmental Protection Agency, EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention Docket ID No. OAR-2004-0477. Comments may also be submitted electronically, by facsimile, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I.B of the SUPPLEMENTARY INFORMATION section. FOR FURTHER INFORMATION CONTACT: Mr. Ed Feltcorn, Office of Radiation and Indoor Air, (202) 343-9422. You can also call EPA's toll-free WIPP Information Line, 1-800-331-WIPP or visit our Web site at http://www.epa/gov/radiation/wipp . SUPPLEMENTARY INFORMATION: I. General Information A. How Can I Get Copies of This Document and Other Related Information? 1. Docket. EPA has established an official public docket for this action under Docket ID No. OAR-2004-0477. The official public docket consists of the documents specifically referenced in this action, any public comments received, and other information related to this action. Although a part of the official docket, the public docket does not include Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. The official public docket is the collection of materials that is available for public viewing at the Air and Radiation Docket in the EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566-1744, and the telephone number for the Air and Radiation Docket is (202) 566-1742. These documents are also available for review in paper form at the official EPA Air Docket in Washington, DC, Docket No. A-98-49, Category II-A2, and at the following three EPA WIPP informational docket locations in New Mexico: in Carlsbad at the Municipal Library, Hours: Monday-Thursday, 10 a.m.-9 p.m., Friday-Saturday, 10 a.m.-6 p.m., and Sunday, 1 p.m.-5 p.m.; in Albuquerque at the Government Publications Department, Zimmerman Library, University of New Mexico, Hours: vary by semester; and in Santa Fe at the New Mexico State Library, Hours: Monday-Friday, 9 a.m.- 5 p.m. As provided in EPA's regulations at 40 CFR part 2, and in accordance with normal EPA docket procedures, if copies of any docket materials are requested, a reasonable fee may be charged for photocopying. 2. Electronic Access. You may access this Federal Register document electronically through the EPA Internet under the Federal Register listings at http://www.epa.gov/fedrgstr/. An electronic version of the public docket is available through EPA's electronic public docket and comment system, EPA Dockets. You may use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, select ``search,'' then key in the appropriate docket identification number. Certain types of information will not be placed in the EPA Dockets. Information claimed as CBI and other information whose disclosure is restricted by statute, which is not included in the official public docket, will not be available for public viewing in EPA's electronic public docket. EPA's policy is that copyrighted material will not be placed in EPA's electronic public docket but will be available only in printed, paper form in the official public docket. To the extent feasible, publicly available docket materials will be made available in EPA's electronic public docket. When a document is selected from the index list in EPA Dockets, the system will identify whether the document is available for viewing in EPA's electronic public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the docket facility identified in Unit I.B. EPA intends to work towards providing electronic access to all of the publicly available docket materials through EPA's electronic public docket. For public commenters, it is important to note that EPA's policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing in EPA's electronic public docket as EPA receives them and without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. When EPA identifies a comment containing copyrighted material, EPA will provide a reference to that material in the version of the comment that is placed in EPA's electronic public docket. The entire printed comment, including the copyrighted material, will be available in the public docket. Public comments submitted on computer disks that are mailed or delivered to the docket will be transferred to EPA's electronic public docket. Public comments that are mailed or delivered to the Docket will be scanned and placed in EPA's electronic public docket. Where practical, physical objects will be photographed, and the photograph will be placed in EPA's electronic public docket along with a brief description written by the docket staff. For additional information about EPA's electronic public docket visit EPA Dockets online or see 67 FR 38102, May 31, 2002. B. How and to Whom Do I Submit Comments? You may submit comments electronically, by mail, by facsimile, or through hand delivery/courier. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your comment. Please ensure that your comments are submitted within the specified comment period. Comments received after the close of the comment period will be marked ``late.'' EPA is not required to consider these late comments. However, late comments may be considered if time permits. 1. Electronically. If you submit an electronic comment as prescribed below, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment. Also include this contact information on the outside of any disk or CD ROM you submit, and in any cover letter accompanying the disk or CD ROM. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. EPA's policy is that EPA will not edit your comment, and any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. i. EPA Dockets. Your use of EPA's electronic public docket to submit comments to EPA electronically is EPA's preferred method for receiving comments. Go directly to EPA Dockets [[Page 2103]] at http://www.epa.gov/edocket, and follow the online instructions for submitting comments. To access EPA's electronic public docket from the EPA Internet Home Page, select ``Information Sources,'' ``Dockets,'' and ``EPA Dockets.'' Once in the system, select ``search,'' and then key in Docket ID No. OAR-2004-0477. The system is an ``anonymous access'' system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. ii. E-mail. Comments may be sent by electronic mail (e-mail) to a-and-r-docket@epa.gov, Attention Docket ID No. OAR-2004-0477. In contrast to EPA's electronic public docket, EPA's e-mail system is not an ``anonymous access'' system. If you send an e-mail comment directly to the Docket without going through EPA's electronic public docket, EPA's e-mail system automatically captures your e-mail address. E-mail addresses that are automatically captured by EPA's e-mail system are included as part of the comment that is placed in the official public docket, and made available in EPA's electronic public docket. 2. By mail. Send your comments to: EPA Docket Center (EPA/DC), Air and Radiation Docket, Environmental Protection Agency, EPA West, Mail Code 6102T, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Attention Docket ID No. OAR-2004-0477. 3. By hand delivery or courier. Deliver your comments to: Air and Radiation Docket, EPA Docket Center, (EPA/DC) EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC, Attention Docket ID No. OAR- 2004-0477. Such deliveries are only accepted during the Docket's normal hours of operation as identified in Unit I.A.1. 4. By facsimile. Fax your comments to: (202) 566-1741, Attention Docket ID. No. OAR-2004-0477. C. What Should I Consider as I Prepare My Comments for EPA? You may find the following suggestions helpful for preparing your comments: 1. Explain your views as clearly as possible. 2. Describe any assumptions that you used. 3. Provide any technical information and/or data you used that support your views. 4. If you estimate potential burden or costs, explain how you arrived at your estimate. 5. Provide specific examples to illustrate your concerns. 6. Offer alternatives. 7. Make sure to submit your comments by the comment period deadline identified. 8. To ensure proper receipt by EPA, identify the appropriate docket identification number in the subject line on the first page of your response. It would also be helpful if you provided the name, date, and Federal Register citation related to your comments. II. Background DOE operates the WIPP near Carlsbad in southeastern New Mexico as a deep geologic repository for disposal of transuranic (TRU) radioactive waste. As defined by the WIPP Land Withdrawal Act (LWA) of 1992 (Pub. L. 102-579), as amended (Pub. L. 104-201), TRU waste consists of materials containing elements having atomic numbers greater than 92 (with half-lives greater than twenty years), in concentrations greater than 100 nanocuries of alpha-emitting TRU isotopes per gram of waste. Much of the existing TRU waste in the United States consists of items contaminated during the production of nuclear weapons, such as rags, equipment, tools, and sludges. On May 13, 1998, EPA announced its final compliance certification decision to the Secretary of Energy (published May 18, 1998, 63 FR 27354). This decision stated that the WIPP will comply with EPA's radioactive waste disposal regulations at 40 CFR part 191, subparts B and C. The final WIPP certification decision includes conditions that (1) prohibit shipment of TRU waste for disposal at WIPP from any site other than the Los Alamos National Laboratory (LANL) until EPA determines that the site has established and executed a quality assurance program, in accordance with Sec. Sec. 194.22(a)(2)(i), 194.24(c)(3), and 194.24(c)(5) for WC activities and assumptions (Condition 2 of appendix A to 40 CFR part 194); and (2) prohibit shipment of TRU waste for disposal at WIPP from any site other than LANL until EPA has approved the procedures developed to comply with the waste characterization requirements of Sec. 194.22(c)(4) (Condition 3 of appendix A to 40 CFR part 194). In July 2004, EPA finalized changes to Sec. 194.8(b) of the WIPP Compliance Criteria that modified the approval process for waste characterization programs at TRU waste generator/storage sites. According to these changes, EPA's waste characterization approval process will follow these steps for newly approved sites: EPA will conduct a baseline inspection at a TRU waste generator/storage site in accordance with the Sec. 194.8 requirements and evaluate various waste characterization program components based on the site's demonstration of its capabilities. Following a baseline inspection, EPA will issue a Federal Register notice discussing the inspection results and a proposed ``baseline compliance decision.'' The Federal Register notice will specify what subsequent WC program changes or expansion must undergo further EPA inspection or approval under section 194.24 by assigning ``tiering'' designations to these activities. EPA will seek public comment on the proposed baseline compliance decision and place supporting documentation in the public dockets. After consideration of public comment, EPA will issue a final baseline compliance decision for a TRU waste site. Following this approval, EPA will continue to evaluate and approve, if necessary, changes to the approved WC program activities in accordance with the assigned tiering designations. Waste generator sites are permitted to initiate waste characterization activities at a site prior to EPA's inspection. EPA inspectors observe all major elements of the waste characterization process during the baseline inspection. However, the waste generator sites are not permitted to ship characterized waste to WIPP without EPA's written approval. Today's proposed baseline compliance decision for the Hanford CCP is the first action under the new approval process at 40 CFR 194.8(b). The Central Characterization Project was established by DOE to augment the ability of TRU waste sites to characterize and certify waste in accordance with EPA's WIPP Compliance Criteria. Because the CCP is essentially a mobile waste characterization facility, EPA treats CCP at Hanford (as we have with the CCP at other waste generator sites) as a separate WC program from the main Hanford site. Therefore, the Hanford CCP must meet all of the waste characterization and quality assurance requirements of the WIPP Compliance Criteria. EPA conducted the inspection of the Hanford CCP from September 8- 12, 2003. The purpose of the inspection was to determine the technical adequacy of the Hanford CCP to characterize TRU debris waste from the Plutonium Finishing Plant using acceptable knowledge (AK), nondestructive assay (NDA), nondestructive examination (NDE), and data transfer to the WIPP [[Page 2104]] Waste Information System (WWIS). EPA inspectors observed testing of debris waste drums to measure radiological contents using the Mobile Segmented Gamma Scanner (SGS). As part of NDE, EPA inspectors also observed the examination of the physical content of debris waste drums using real-time radiography (RTR). (Visual examination was not evaluated as part of this inspection. Visual examination of these contact-handled TRU debris containers was performed using the Hanford main site's approved processes.) EPA's inspection identified several findings of non-conformance and concerns that prevented EPA from issuing an approval for the Hanford CCP. While DOE worked to resolve EPA's inspection findings, the Hanford CCP facility continued to characterize waste but did not ship any waste to WIPP. In fact, all of the Hanford CCP waste for which DOE is seeking approval, is currently characterized and awaiting EPA's approval for shipment. In 2004, DOE was able to demonstrate adequate resolution of the inspection findings and concerns to EPA. Between the time when EPA conducted the inspection and the time when the inspection findings were resolved, EPA's changes to the waste characterization approval process became effective (October 14, 2004). Under the newly revised 40 CFR 194.8(b), EPA is proposing to approve the disposal of retrievable-stored, contact-handled, TRU debris waste, characterized by the Hanford CCP at the WIPP using AK, NDA using the Mobile Segmented Gamma Scanner (SGS), NDE using real-time radiography (RTR). (Visual examination was not evaluated as part of this inspection. Visual examination of these contact-handled TRU debris containers was performed using the Hanford main site's approved processes.) EPA's inspection report is available from our docket and online. The inspection report describes what we inspected, what we determined to be technically adequate, what we identified as deficiencies and the corrective action that was required for EPA's proposed approval. In addition, the inspection report explains the basis for the tiering requirement and the subsequent reporting requirements. EPA is proposing a Tier 1 designation for any changes to the approved Hanford CCP waste characterization activities. This means that DOE must obtain written approval from EPA prior to using any new or revised processes, equipment, or waste streams. When EPA finalized the changes to the Compliance Criteria, EPA indicated that ``the first approvals conducted under the new process are likely to be highly detailed and very intensive, since EPA will need to work with DOE and stakeholders to ensure that the full range of waste characterization activities is identified and placed in appropriate reporting/approval tiers.'' We envisioned that this scheme, applied at a typical DOE waste generator site, would address a variety of possible program changes or expansions as clean-up operations progressed or more sophisticated techniques were developed. In such a case, various tiering levels would be necessary to address the relative significance of potential program changes. The Hanford CCP, however, is not typical of the situation we would expect for most approvals. As noted previously, Hanford CCP has already completed its intended waste characterization activities. All characterization was accomplished using exclusively the equipment and procedures described in our proposed approval, and was applied solely to the PFP debris waste stream. Because CCP operations at Hanford have concluded, we do not expect any changes or expansions to its waste characterization program. Therefore, for efficiency and simplicity, we are categorizing any and all changes as Tier 1. We believe this approach is simple and expedient, given that changes are not expected. Furthermore, this is appropriate given that any changes, if they did occur, would require re-deployment of the CCP at Hanford and warrant a high level of scrutiny. We emphasize that EPA does not believe that the Hanford CCP baseline compliance decision is typical of the inspections and approvals that will be done in the future under the new requirements of 40 CFR 194.8(b). In summary, through this Federal Register notice, EPA is notifying the public that EPA is proposing to approve the Hanford CCP to characterize retrievably-stored, contact-handled, TRU debris waste from PFP for disposal at WIPP using AK; NDA using the Mobile Segmented Gamma Scanner (SGS); NDE using real-time radiography (RTR). (Visual examination was not evaluated as part of this inspection. Visual examination of these contact-handled TRU debris containers was performed using the Hanford main site's approved processes.) EPA is also proposing a Tier 1 designation for any and all changes or expansions to this approval. Additional EPA approval is required prior to applying approved processes and equipment to new waste streams, and prior to the use of new equipment or procedures to the approved waste stream. Summary of Hanford CCP Approval ----------------------------------------------------------------- ------- Waste characterization element PFP debris waste PFP solid waste ----------------------------------------------------------------- ------- AK.............................. Approved.......... Not approved. NDA............................. Approved--SGS..... Not approved. NDE............................. Approved--RTR..... Not approved. Approved--VE*..... Not approved. WWIS............................ Approved.......... Not approved. Load Management................. Not approved...... Not approved. ----------------------------------------------------------------- ------- * Approved process for main Hanford site. [[Page 2105]] Following a review and evaluation of public comments, EPA will finalize the proposed baseline compliance decision for the Hanford CCP. EPA will notify DOE of our final decision via letter and post the final decision on our Web site. Dated: January 4, 2005. Jeffrey R. Holmstead, Assistant Administrator for Air and Radiation. [FR Doc. 05-618 Filed 1-11-05; 8:45 am] BILLING CODE 6560-50-P ***************************************************************** NOTE: In accordance with Title 17 U.S.C. section 107 this material is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: *****************************************************************