Sunday, October 15, 2017



CITIZENS Serve Notice to SUE the New York State DEC, the NAVY and NY STATE for    
           ENVIRONMENTAL VIOLATIONS and Radiation in Sole Source Aquifer

On September 8, 2017, attorneys for the non-profit water watchdog group, Long Island Pure Water Ltd. (the "Citizens") filed a required notice of intent to sue the New York State Department of Environmental Conservation (NYSDEC), the United States Department of the Navy and New York State for violations of CERCLA (the Comprehensive Environmental Response, Compensation and Liability Act) and RCRA (the Resource, Conservation and Recovery Act of 1976).

The Citizens contend that for over thirty years, the Navy, (at Northrop Grumman in Bethpage) the NYSDEC and New York State have knowingly allowed a groundwater plume to spread and migrate and created an imminent and substantial threat to the health and environment in Long Island's sole source aquifer and the drinking water supply of Bethpage, South Farmingdale, Massapequa and surrounding communities.

Environmental attorney's at Rigano, LLC of Melville served notice for their clients, Long Island Pure Water Ltd., of their intent to commence a Citizens lawsuit to "remediate the imminent and substantial dangers caused to the health and the environment caused by the gross and egregious failures of the NYSDEC and the Navy."

The plume, according to the notice has spread over time and inaction to three miles long by two miles wide and hundreds of feet deep and is continuing to grow.  "The plume impacts the drinking water supply and potentially indoor air, which places citizens at risk of exposure to contaminants, including recently discovered radioactive material existing in the plume."

Long Island Pure Water Ltd. will request among other things:

1:  A formal remedial investigation and feasibility study be conducted
2:  The remediation be conducted in a timely manner
3:  Due to the persistent and collective failures of the NYSDEC and the Navy, Long Island Pure Water Ltd. will demand citizens be at the forefront of the  investigation and remediation  process

The Navy's operations in Bethpage at Northrop Grumman (formerly Grumman Aerospace Corporation and Grumman Aircraft Engineering Corporation aka "Grumman" ) began in the 1940's and had numerous operations at the site that included radioactive and radiological substances both loose and contained, and the Navy was aware radium was discovered in the plume, according to their own records.  Despite evidence that the Navy and the DEC knew of the spreading radioactive contamination, due to extreme government delays and failure of proper remedial actions the plume has yet to be properly assessed and remediated as required by law, according to the Citizen's notice.

From the notice:

During the many decades of operation at the Bethpage site (originally 600 acres), chemical materials were used, spilled, leaked and or/otherwise discarded into the surrounding environment, including the soil and groundwater.  This widespread contamination resulted in a massive groundwater plume of pollutants in the Bethpage area emanating from the Bethpage Facilities.

In 1983, the Grumman Facility at Bethpage was listed as a Superfund Site, representing a significant threat to the health and environment, according to New York Environmental Law.

The plume travels with the groundwater and as it spreads it migrates to different and deeper portions of the Long Island sole source aquifer.

Despite the Navy and the NYSDEC having knowledge of this significant contamination for over thirty years, "the plume has not even been contained, let alone remediated.  More egregious, neither the NYSDEC, nor the Navy has conducted an investigation of radioactive material in the plume despite having knowledge that such radioactive materials exist therein.", according to the notice.

The plume has already impacted the water supply of Bethpage and South Farmingdale and threatens other community and private wells of the Nassau-Suffolk aquifer system.

The letter was sent to:

President Trump, Governor Cuomo, The Secretary of the Navy and The Commissioner of the NYSDEC, Basil Seggos.

It was cc'd to: the CEO of Northrop Grumman Corp., Jeff Sessions; U. S. Attorney General, Eric Schneiderman; The NY Attorney General, Scott Pruitt; USA EPA Administrator, Martin Brand; Deputy Commissioner of NYSDEC, James Mattis; Secretary of Defense and Catherine McCabe; Acting Regional Administrator, US EPA Region II.

         The Presence of Radionuclides Emanating From the Bethpage Facilities

In May 2013, the local water district of Bethpage,  shut down a water supply well due to the detection of elevated levels of radium.

Radium is a radioactive metal that exists in 34 known isotopes. All isotopes of radium are radioactive. Two of the most hazardous radium isotopes found in the environment are radium- 226 and radium-228. Radium-226 has a half life of 1600 years and radium-228 has a half life of 5.75 years. The state and federal maximum contaminant level (“MCL”) for combined radium- 226 and radium-228 (“Radium”) is 5 picoCuries per liter (pCi/L). According to a fact sheet issued by the United States Environmental Protection Agency, exposure to radium can result in an increased incidence of bone cancer, liver cancer, breast cancer, lymphoma, and hematopoietic diseases (e.g. leukemia and aplastic anemia). (from the Notice of Intent 9/8/17)

In June 2017, Bethpage School District reported the results of its own sampling of radioactive materials at Bethpage High School located about a half mile from the Bethpage Facilities.  Levels far exceeding the MCL (maximum contamination level) in three groundwater monitoring wells and levels of radon gas (a decay product of radium 226) in the indoor air of the school that were just slightly lower than the federal hazard threshold but levels much higher than typical levels for Long Island were detected.

In 2013 and again in 2016, the NYSDEC requested Grumman disclose information regarding Grumman's use and disposal of radioactive materials during its operations.

Finally, in 2016 Grumman sent a response letter that admitted to the extensive use of radioactive materials at the Bethpage Facilities while revealing that records before 1960 were non-existent and the expert that conducted the review did not conduct a full "cradle to grave" review.  According to the notice, the expert "...incredibly concluded that there is no reason to believe Grumman's activities at the site are the source of the radium detected in the groundwater in the area".

      Activities at Plant 26 and Building 10 Further Confirm:

                    Radioactive Materials at the Bethpage Facilities

In 2000, Phase I of an Environmental Site Assessment on Plant 26 was prepared by Arcadis Geraghty   Miller.  From a letter contained in the assessment, dated February 25, 1999 from Grumman to the NYSDOL (New York State Department of Labor):

"[s]ince loose radioactive materials are no longer being used anywhere in this building (nor anywhere else within this installation), the purpose of this decommissioning effort was to ensure that no residual radioactivity in excess of current guidelines exist in the building." 

Attorneys for the Citizens considered this a significant statement as it verified the use of radiological materials at the Bethpage Facilities was not limited to sealed areas or sources.

                                              "The Black Room"

Plant 26 housed the Van deGraff ion generator and a Kamn neutron generator, used for "radiation effects studies" in which varies types of substances were tested with different types of radiation.
The report identified a restricted a partial basement area and one room of Plant 26 where classified use and contents were conducted and contained.  According to the DOD (Department of Defense)
only those with high security clearances were granted access to the "Black Room".

In Building 10, a Neutron Generator Pit was filled and capped and the NYSDOL accepted the decommissioning report and released the building from radiological control in 1998.  According the the Citizen's notice, the expedited release of the building "...does not imply that a thorough and and appropriate subsurface investigation was performed with respect to the effect or impact of the radioactive materials used in Building 10."

According to the expert that was retained by Grumman, not a third party independent investigator, two of Grumman's Alnor Detectors were "misplaced in 1974, each containing a 6.5 microCurie radium-226 source (higher than the MCL)".  These detectors and their location still remain unknown to this day and although the sampling results show the radium excesses are south-easterly of the Bethpage Facilities and that coincides with the precise direction of groundwater flow demonstrating that the site is the likely source of contamination, Grumman's expert stated the exact opposite concluding there was no reason to believe Grumman's activities at the site are the source of the radium detected.


The Notice of Intent describes a major concern with the soil and groundwater contamination to be the potential for those contaminants to evaporate into the air spaces in the soil and move upwardly into overlying buildings and affect indoor air quality.  This process called soil vapor intrusion is particularly alarming in this case because: radium decays it creates the radioactive gas radon. According to a NYS Department of Health fact sheet, radon can also be dissolved in groundwater and be introduced into the indoor air through the aeration of well water during its use in washing machines, showers, and cooking. Radon is a colorless, tasteless and odorless gas that can only be measured through the use of proper test procedures. It is also a known carcinogen and is the second leading cause of lung cancer in the United States, resulting in an estimated 22,000 lung cancer deaths annually.

To date, neither the Navy nor the NYSDEC has conducted subslab or indoor air testing for radon at the Bethpage Facilities or throughout the surrounding residential areas. Only the Bethpage School District has conducted isolated radon sampling at Bethpage High School. While those results did not show exceedances of the United States Environmental Protection Agency’s recommended action level of 4.0 pCi/L, the results did reveal substantially elevated indoor air levels as high as 3.8 pCi/L and 3.9 pCi/L.
These elevated levels are indicative of a radium source, as opposed to naturally occurring background levels of radon, which are typically low on Long Island.

The elevated levels found at the school emphasize the need for a thorough investigation of the radionuclide contamination in the groundwater, soil and soil gas. Until such contamination is remediated, the citizens are at risk of exposure through water and the air in their homes, schools and businesses.

                             THE DEC FAILED TO PROTECT 

According to the Citizens' Notice of Intent, the DEC has failed for over thirty years to stop the spread of the plume and/or remediate the site.  They also delisted portions of the Bethpage Facilities without adequate investigation.  On June 1, 1995 the NYSDEC approved the delisting of Plant 26 from the registry of Inactive Hazardous Waste Sites without ever investigating the radionuclide contamination.
Despite delisting the Plant in 1995, the plant continued to be authorized by an active license to use loose and sealed radioactive materials at Plant 26.  Radioactive materials were not sampled prior to the delisting, according to the Notice and Plant 26 was not released from radiological control until nearly four years after it was delisted by the DEC.  "Thus, the NYSDEC permitted a building that served as a sanctuary for radioactive material to be delisted as a Superfund site without testing for radiological materials."

         The NYSDEC's Violations of New York State Superfund Statutes and Regulations

The letter of intent outlined various New York State Environmental Conservation Laws (ECL's) that were violated or ignored by the NYSDEC that substantially endangered the health and environment of the Citizens.  Every year the DEC is required by environmental law to adhere to a March 31st deadline to reassess the need for any action relating to any hazardous waste at such sites.  Despite being in possession of the 2000 Arcadis Report, which revealed the use of "loose radioactive materials" at the Bethpage Facilities, the DEC has not conducted proper testing and remediation.  The failure of the DEC to act upon this "new" information was itself a violation as it should have triggered the NYSDEC's reassessment of its investigatory and remedial strategy for the property, according to the Notice of Intent to sue.

The Citizens have thoroughly examined the NYSDEC’s response to the detection of radium in their source of drinking water and have eagerly awaited the NYSDEC to take action in accordance with the law. To date, the NYSDEC’s limited response actions in no way rise to the level that is required under the ECL and NYSDEC’s own regulations. In fact, the lack of response has only exacerbated the imminent and substantial endangerment to health and the environment. (from the Notice of Intent 9/8/17)

 Selecting Wellhead Treatment as the Remedial Alternative in 2001 was Grossly Improper

NYSDEC issued Records of Decision (“ROD”) for each Operable Unit (“OU”) of the Bethpage Superfund site. The 2001 OU2 ROD, which addresses onsite and offsite groundwater, selected a remedy focused on long term operation and maintenance of wellhead treatment systems combined with long term groundwater monitoring including monitored natural attenuation. There are several issues with the chosen remedies of this ROD.
Attorney's for the group outlined reasons why the chosen remedy was not only improper, it violated NYSDEC's preferred source removal and control measures set forth in State Law, that relegate wellhead treatment to "be considered a measure of last resort".  The DEC was supposed to remove and treat contamination to the greatest extent feasible and eliminate exposure to the greatest extent possible before resorting to wellhead treatment.

More importantly, they pointed to the fact that the wellhead treatments were designed to treat specific contaminants known by the DEC at the time.  Those contaminants do not include radionuclides or the emerging contaminants, therefor the treatment systems currently in place are ineffective.  In 2013, the local water district shut down a well found to have radium and even though a treatment system was installed, the system cannot remove the radium from the drinking water and so the well is no longer in use.

The NYSDEC's response was not just in violation of environmental laws, according to the Notice of Intent to sue. but "...their selected remedy did not even comply with the minimum requirement, as it has not eliminated or mitigated the significant threats to public health or the environment."


In November 2016, the NYSDEC, in response to a citizen inquiry, definitively stated that only sealed sources of radioactive materials were used at the Bethpage Facilities. This despite the fact that they were in possession of the ArcadisPhase I Report on Plant 26  that discussed the prior use of both sealed and "loose radioactive materials"...

According to the Citizen's Notice, "It is unclear how the NYSDEC could disclaim knowledge of the use of "loose radioactive material" at the site when it was in possession of this information."

Thirteen years after the Navy was in possession of documents proving both sealed and loose radioactive materials were at the Grumman site, the NYSDEC finally requested documents from the Navy and this only after test results showed higher levels of radium than the allowable MCL in the sole source aquifer.  It took another three years to confirm those test results and it was again shown that the radium in the water samples was in excess of the allowable MCL (Maximum Contaminant Level).

Finally in September of 2016, Grumman admitted to the use and disposal of radioactive materials at the Bethpage/Grumman Facilities.   With the limited sampling of at least six additional wells testing for Radium, by Grumman, the Navy and the NYSDEC, more recent test results have not been made public.  Neither the Navy, nor the State DEC revealed to the public that those tests revealed concentrations over the recommended MCL's in more than one well.

As of the date of this notice, a formal investigation still has not been performed. These collective failures and unreasonable delays have violated the National Contingency Plan (“NCP”), the ECL and NYSDEC’s own regulations. (9/8/17)

In 2014, Governor Cuomo signed a bill requiring the NYSDEC to issue a report to the NYS Legislature outlining a plan to remediate the plume that was already migrating for decades at this point.  The law required strict provisions as to removal and protocols for safe remediation relating to the health of the aquifer, the saltwater environment and the health of the public.  It required them to stop the migration and clean it up.

In July 2016, the New York State DEC submitted a report as required by that law, but failed to mention the fact that radium and other radiological were even present or considered in their report of remediation plans.  This despite having that information of the "loose radiologicals" as well as contained in use at Grumman/Bethpage since getting the 2000 Arcadis Report.

The Notice outlined several other "deficiencies" of the DEC's 2016 report in their Notice of Intent to sue the State Agency including:

The Dec's failure to address the direct remediation of any areas already impacted by the plume in their use of hydraulic containment to prevent migration.  That was required by the 2014 Law, "to address state of the art remediation practices to remove the contaminants without using well head treatment to timely address the areas of the plume already affected."

Also since the 2014 Law required the job to be accomplished in a timely matter and according to the 2016 DEC Report, their process would take over 200 years, their idea of timely is questionable at the very least and in violation of the law as well, according to the Notice that points out the fact that
"Amazingly, the NYSDEC discussed these alternatives knowing that the radioactive material will likely remain in the groundwater and soil vapor during the 200 year remediation process.

As part of this proposed remedial process the DEC would pump 730 Billion gallons of "treated" groundwater from a sole source aquifer into surrounding tributaries and recharge basins, water that likely would be contaminated with radioactive material.  This would be in direct violation of the 2014 Law requirement that they "...protect natural resources, specifically the freshwater bodies, tributaries, wetlands and salt water natural resources of the Great South Bay from these contaminants."

Remarkably, the NYSDEC failed to consider that the groundwater may be contaminated with radium and pumping it into a neighboring surface water body or recharge basin would exponentially increase the risk of exposure of radioactivity to humans and wildlife. The 2016 NYSDEC Report does not address how to cause the Navy to pay for or reimburse the costs associated with this project as required by section 3 of the 2014 Law. (Notice of Intent to Sue 9/8/17)
On August 10, 2017 a press release was issued by the NYSDEC announcing that drilling operations had begun to assess options for the containment of the plume by the Navy.  No mention of any radiological contamination was contained in the press release.  Instead they issued the press release about the investigation of the "engineering design of how to contain the plume in accordance with the 2016 NYSDEC Report".  Again no mention of investigating the radium and other contaminants in the plume and how to properly deal with them.

As of this date, the DEC has no plan to remediate that even mentions the radioactive issues, let alone deals with them adequately.  According to sources familiar with the latest plans, they only consider stopping the plume at the Southern State Parkway and preventing it from going further south.
The people on the North side of the Southern State are probably not going to be thrilled to hear this.

   The NAVY Also Shirks Responsibility for Radioactive Plume

In June 2017, the Navy issued a Report to the United States Congress regarding the status of the groundwater contaminants that are at the Grumman site and leaving the site within a ten-mile radius.
Despite having prior knowledge of the radioactivity at the site and Radium in the groundwater as far back as 2013, ( and earlier) they neglected to mention this in their 2017 report in any context, forcing Senator Charles Schumer (D-NY) to demand documents from the Navy after Radium was detected in Long Island's sole source aquifer.

Defense Secretary Mattis was unable to explain to Senator Schumer, who followed up requesting an addendum to the 2017 Report, why this information was not included all along.  To this day, the plume is still traveling and potentially threatening more of the aquifer every day as the water flows underground.

The Navy responded admitting although their record are "limited" that those they had they provided to the NYSDEC go as far back as 2013.  The DEC never released this information to the public and only after Senator Schumer demanded answers and records from the Navy this year.  The Navy failed to produce any records prior to 2003 thereby leaving over seventy years of potential radiological use and pertinent records that are either missing or intentionally being withheld.  The Navy has advised that it has produced all records responsive to the DEC in 2003, however the Notice of Intent questions whether the Navy is in possession of additional documents as well as information they say is contained in one of the records already produced.

According to the Navy's 2003 Environmental Baseline Study of  (EBS) the Northrop Grumman site, the Navy did a thorough review of Grumman's records in 2003 and is presumed to still be in possession of them after conducting this review that included interviews of Grumman employees.  Documents dating back to 1997 show the Navy admitting radiologicals were on the property, but Grumman began operations in the 1930-40's leaving decades of records unaccounted for.

The Navy's failure to conduct a proper investigation has it in gross violation of CERCLA and as a Federal facility they are required to be in compliance with those regulations.


The entity giving this notice, Long Island Pure Water Ltd. Long Island Pure Water Ltd. is a nonprofit, public benefit corporation organized under the laws of New York State. The specific purpose of Long Island Pure Water Ltd. is to promote pure water for the benefit of individuals who reside and visit Long Island through management, negotiations, legal proceedings and other activities as permissible under the law for a civic organization. The Citizens have two highly experienced hydro-geologists who are technical advisors and will advise the Citizens on proceeding with the investigation and remedial work.

Federal Law requires 90 days Notice to sue and the clock started when the Letter of Notice of Intent was delivered, but the attorneys asked for a response after thirty days.  Their remedy requests included but were not limited to:

1. Requiring an immediate and complete investigation and delineation of the radionuclide contamination for the purpose of enabling a comprehensive evaluation of the nature and extent of underlying contamination so that adequate remediation work may proceed. This would likely require, inter alia, access to Navy, Grumman and NYSDEC radioactive materials records and a thorough subsurface investigation;
2. Requiring, through a formal feasibility study, the development of a more effective remediation strategy designed to eliminate or significantly reduce the current threat to the environment and human health;
3. Requiring the NYSDEC to select an adequate and proper remedial alternative with substantial participation of the Citizens
4. Requiring the NYSDEC to issue a remedial decision or Record of Decision with substantial participation of the Citizens
5. Requiring the implementation of the necessary remedial actions based on the feasibility study and the remedial decision
6. Awarding Citizens the costs of litigation, including legal fees, expert witness fees and associated litigation costs, as authorized under RCRA and CERCLA.
In the event that the NYSDEC or the Navy choose to proceed with these items
independent of the Citizens, the Citizens would proceed, if necessary, with a court challenge, perhaps through Article 78, challenging the NYSDEC or Navy’s attempt to proceed with the work based on their past outrageous failure to address the radionuclide contamination of the sole source aquifer. (from the Notice of Intent 9/8/17)

Anyone who would like to join this group and therefore the Citizen's suit should live in Nassau or Suffolk Long Island and desire to have clean water, according to the group.

For more information about the group or to sign up for free membership go to: or
for membership questions contact:
All legal communications should be addressed to:
James P. Rigano, Esq. Rigano LLC
538 Broad Hollow Road, Suite 217 Melville, New York 11747
Tel. 631-756-5900

Calls and emails to recipients who received the Notice of Intent were not returned as of time of publication.

Friday, February 3, 2017


Hid Planned Exposure Levels 1,000s of Times Safe Drinking Water Act Limits

Originally posted on Dec 22, 2016

Washington, DC — In the last days of the Obama Administration, the U.S. Environmental Protection Agency is about to dramatically increase allowable public exposure to radioactivity to levels thousands of times above the maximum limits of the Safe Drinking Water Act, according to documents the agency surrendered in a federal lawsuit brought by Public Employees for Environmental Responsibility (PEER). These radical rollbacks cover the “intermediate period” following a radiation release and could last for up to several years. This plan is in its final stage of approval.

The documents indicate that the plan’s rationale is rooted in public relations, not public health. Following Japan’s Fukushima meltdown in 2011, EPA’s claims that no radioactivity could reach the U.S. at levels of concern were contradicted by its own rainwater measurements showing contamination from Fukushima throughout the U.S. well above Safe Drinking Water Act limits. In reaction, EPA prepared new limits 1000s of times higher than even the Fukushima rainwater because “EPA experienced major difficulties conveying to the public that the detected levels…were not of immediate concern for public health.”

When EPA published for public comment the proposed “Protective Action Guides,” it hid proposed new concentrations for all but four of the 110 radionuclides covered, and refused to reveal how much they were above Safe Drinking Water Act limits. It took a lawsuit to get EPA to release documents showing that –

The proposed PAGs for two radionuclides (Cobalt-60 and Calcium-45) are more than 10,000 times Safe Drinking Water Act limits. Others are hundreds or thousands of times higher.

According to EPA’s own internal analysis, some concentrations are high enough to deliver a lifetime permissible dose in a single day. Scores of other radionuclides would be allowed at levels that would produce a lifetime dose in a week or a month;

The levels proposed by the Obama EPA are higher than what the Bush EPA tried to adopt--also in its final days.

That plan was ultimately withdrawn; and the EPA hid the proposed increases from the public so as to “avoid confusion,” intending to release the higher concentrations only after the proposal was adopted. The documents also reveal that EPA’s radiation division even hid the new concentrations from other divisions of EPA that were critical of the proposal, requiring repeated efforts to get them to even be disclosed internally.

“To cover its embarrassment after being caught dissembling about Fukushima fallout on American soil, EPA is pursuing a justification for assuming a radioactive fetal position even in cases of ultra-high contamination,” stated PEER Executive Director Jeff Ruch, noting that New York Attorney General Eric Schneiderman has called for the PAGs to be withdrawn on both public health and legal grounds. “The Safe Drinking Water Act is a federal law; it cannot be nullified or neutered by regulatory ‘guidance.’”

Despite claims of transparency, EPA solicited public comment on its plan even as it hid the bulk of the plan’s effects. Nonetheless, more than 60,000 people filed comments in opposition.

“The Dr. Strangelove wing of EPA does not want this information shared with many of its own experts, let alone the public,” added Ruch, noting that PEER had to file a Freedom of Information Act lawsuit to force release of exposure limits. “This is a matter of public health that should be promulgated in broad daylight rather than slimed through in the witching hours of a departing administration.”


This article was originally released by and was reprinted with permission by:
PEER   Public Employees for Environmental Responsibility
Ph: (202) 265-PEER (7337) • Fax: (202) 265-4192
All content © 2017 Public Employees for Environmental Responsibility
962 Wayne Ave, Suite 610, Silver Spring, MD 20910

Sunday, November 27, 2016

Letters Regarding: Alerts for Drinking Water and Radiation Levels and Measurement Methods

Subject:  PAGs (Protective Action Guides) and US EPA Finished Drinking Water 900 Method (being used on raw untreated water suspected of containing radiation...)

US EPA Aministrator Gina McCarthy
Washington D.C.

Dear Ms. McCarthy,

Please kindly review the below comments.  They are based primarily upon your agency's own former top  radiation experts and other top US government radiation experts I have consulted with over the decades.

In approx. 2003, deeply concerned technical experts within your agency had personally warned me about the PAGs being proposed even back then.  I strongly believe they shared this with me because they were already acutely aware of the deeply troubling situation regarding radiation and testing at our Uniontown IEL Superfund site in Ohio.   In this same  time frame in the mid 2000s, after reviewing the US EPA's/corporations' data base on IEL, top independent university radiation experts indeed estimated the IEL toxic landfill may contain up to 1/2 ton of deadly Plutonium and other dangerous radiation isotopes, but may have been underestimated given outdated, questionable methods permitted by US EPA's NAREL.  However, apparently due to the perceived severe politics/pressures involved,  and thanks to US Region 5 bowing to the corporations' wishes, even the most basic clean up of mere institutional controls were killed off that your agency had promised the community would be implemented to  help mitigate the outward migration of toxins by isolating the hundreds of tons of waste perched just a few feet above the water table linked to the area's sole source aquifer system serving up to 600,000 Ohioans in several counties.  Instead this Superfund Site continues to freely flush to this day ..

Ms. McCarthy, I believe that those same US EPA experts   who had long ago shared their worries about the PAGs being implemented  all too well  understood  the "gaming" of the rad testing that had already been going on for years.  .... -  i.e,  so called  "compliance monitoring " - using the US EPA "Finished Drinking Water 900 Methods" - methods meant for finished, treated water systems and they said was never meant to be used on raw, untreated water sources found like at IEL.  Please see numerous letters documenting these  serious deviations away from what is considered to be  best available science in letters to EPA found on our group's website:  

Thus, the EPA scientists not simply expressed their fears of the PAGs being misused leaving Americans at risk to dangerous radiation,  but they likewise raised serious concerns to me about the  US EPA's unscientific usage of the "EPA Finished Drinking Water 900 Methods" on raw, untreated water sources suspected of containing radiation, which is what occurred at Uniontown IEL.

Therefore, I am writing you today to not only ask that you NOT sign off on the PAGs , but to please issue a change in policy immediately, before this Administration ceases, to once and for all prohibit the US EPA from allowing/prescribing/condoning the continued usage of the EPA Finished Drinking Water 900 Methods whenever raw, untreated water suspected of containing radiation is involved.

Important note :  While those same EPA whistle blowers had thought by 2000 they had at least stopped this practice of using the 900 on raw, untreated water after this was erroneously done to the Uniontown IEL Superfund Site,  we have outrageously come to learn in recent years in working on fracking issues that US EPA continues to apparently suggest/permit others consulting the EPA to use the Finished Drinking Water 900 Methods on raw fracking waste water, despite the scientific evidence going against this being allowed, if in fact, there is a desire to learn the true amounts of water soluble radium 226 present in the fracking wastes .  Experts consulted over the years advised me that they believed that while most people know that Plutonium is deadly, many do not understand that given the way the water soluble radium can be metabolized = bone seeking, even more in the body than Plutonium, which is somewhat excreted,  It is essential that EPA take these steps immediately to insure credible data is gathered given the  vast amounts of fracking wastes being discharged daily into our US communities in Ohio, PA., W. Virginia, New York and elsewhere, or many more IEL landfills will occur.


Chris Borello, President , Concerned Citizens of Lake Twp.
Uniontown IEL Superfund Site, Ohio

ON NOVEMBER 21st 2016 The following letter was sent from the Nuclear Information and Resource Service to alert and inform people of the serious threat of increased radiation levels to the water supplies across the nation...

NUCLEAR INFORMATION AND RESOURCE SERVICE • 6930 Carroll Ave., Ste. 340 • Takoma Park, MD, 20912 • (301) 270-6477 •

November 21, 2016

Dear Friend,

In July, thousands of us took action to stop dangerous new radiation guidance for drinking water. The EPA refused to listen, and now this guidance could be approved anytime--unless we act now!
Environmental Protection Agency (EPA) Administrator Gina McCarthy is on the verge of approving radiation levels hundreds and thousands of times higher than currently allowed in drinking water and at cleaned-up Superfund sites.

These mis-named “Protective” Action Guides for Drinking Water (Water PAGs)  dramatically INCREASE allowable radioactivity in water. Enormous levels of invisible but deadly radioactive contamination would be permitted in drinking water for weeks, months or even years after a nuclear accident or “incident.” The PAGs are not for the immediate phase after a radioactive release but the next phase--which could last for years--when local residents may return home to contaminated water and not know the danger.

Take action now: Protect drinking water from dangerous radiation levels!
There are two quick actions to take today:

Tell your EPA Regional Administrator (see map and list on the NIRS website) to ask EPA Administrator Gina McCarthy why she is raising radiation levels allowed in drinking water.

Send a message to Administrator McCarthy yourself asking her not to approve these dangerous radiation levels in drinking water.

We have stopped PAGs like these from being approved before--and we can do it again. EPA insiders attempted to push these dangerous guides through in the waning days of the Bush administration, and public pressure like this got the agency to pull them back. Now we have to do it again!

Thanks for all you do!

Diane D'Arrigo
Radioactive Waste Project Director

More Information

The PAGs protect the polluters from liability, not the public from radiation. CHECK out the NBC 4 News Story . (Available on the NIRS website)

These PAGs are a bad legacy . Approving them now is a deceptive way to circumvent the Safe Drinking Water Act, Superfund cleanup levels, and EPA’s history of limiting the allowable risk of cancer to 1 in a million people exposed (or at most 1 in 10,000 in worst-case scenarios).

The PAGs don't just affect water!

They markedly relax long-term cleanup standards.

They set very high and outdated radiation levels allowable in food.

They eliminate requirements to evacuate people vulnterable to high radiation doses to the thyroid and skin.

They eliminate limits on lifetime whole body radiation exposures.

And they recommend dumping radioactive waste in municipal garbage dumps not designed for such waste.

Outrageously, EPA is expanding the kinds of radioactive ‘incidents’ that would be allowed to give off these dangerously high levels and doses.

PAGs originally applied to huge nuclear disasters like the nuclear power meltdowns at Fukushima or a dirty bomb BUT NOW they could ALSO apply to less dramatic releases from nuclear power reactors or radio-pharmaceutical spills, nuclear transport accidents, fires or any radioactive “incident” that “warrant[s] consideration of protective action.”


Region 1 Administrator Curt Spalding
(617) 918-1010

Region 2 Administrator Judith Enck
(212) 637-5000

Region 3 Administrator Cecil Rodrigues
(215) 814-2683

Region 4 Administrator Heather McTeer Toney
(404) 562-9900

Region 5 Acting Administrator Robert A. Kaplan
(312) 886-3000

Region 6 Administrator Ron Curry
(214) 665-2100

Region 7 Administrator Mark Hague
(913) 551-7006

Region 8 Administrator Shaun McGrath
(303) 312-6532

Region 9 Acting Administrator Alexis Strauss
(415) 947-8000

Region 10 Administrator Dennis McLerran
(206) 553-1234 

For more info, contact Diane D'Arrigo at NIRS: or 301-270-6477
Please note: NIRS never sells, rents, trades, or otherwise makes our e-mail lists available to other organizations or individuals for any reason.

Friday, September 23, 2016

Caumsett Culling Called "Park Maintenance"

Lloyd Harbor resident Jeff Bartels, a self described "Town Birddog"  can't believe his own words, but he called Huntington Town officials last week to complain that there would be NO DEER CULLING in October, November or December this year.  Every year prior, Mr. Bartels, whose Fiddler's Green property is very near to Caumsett State Park, has complained because the fall culling went on in the middle of the night and the shotgun blasts woke him up.

Thanks to George Gorman, deputy director of New York State Parks for Long Island,  the hunters, who are sharpshooters, now use silencers, so Mr. Bartels can sleep through the night.  But recently, Mr. Bartels noticed a sign on the Caumsett State Park gate that read that the park was closed for “Park Maintenance”.  He said he knew that was not the case, so he called New York State Parks Department.

Mr. Bartels spoke with George Gorman, last week and Mr. Gorman admitted that the sign was misleading and of course it meant they were culling.  Mr. Gorman said the responsibility for changing the schedule at Caumsett lies with the New York State Department of Environmental Conservation, the DEC.  He agreed to ask for a meeting about the issue.  Since now that there is no hunting allowed in Caumsett State Park in October, November and December this year, that means the culling will go on in January and the spring when the does are in foal.

Mr. Bartels objects to their “killing two deer with one bullet, the doe and her unborn fetus.”  The culling is also going on at the Catholic Seminary of The Immaculate Conception in Lloyd Harbor, but according to Mr. Gorman, the State is not paying for the culling at the seminary.

Mr. Gorman agreed to ask the DEC for a meeting to discuss their changing of the culling schedule that happened about three years ago, according to him.  The last meeting on the issue was over ten years ago he said.

Freelance contacted Huntington Town press liaison A.J. Carter, to find out if as Mr. Gorman said,  the Town might be paying for the culling at the Seminary.  According to Mr. Carter, "The Seminary is in the Incorporated Village of Lloyd Harbor, so the Town has no jurisdiction or involvement in what is or is not happening on that property. The Town also has no direct knowledge of what the village is doing. "

An Email to the Village officials in Lloyd Harbor asking if they pay for the culling on the Seminary property, remains unanswered at time of press.

Freelance also awaits any response from the Seminary regarding who is paying for the culling on their property and if the Seminary has a problem with killing does and their unborn fetuses in the spring culling.

The DEC was sent a list of question regarding the issue:

Will there be a meeting regarding this issue?
Why is the culling schedule for Caumsett different than for the rest of the state?
Was it changed three or for years ago?  If so, why and at whose request?
Does the DEC purposely cull in the spring knowing the bullet will kill both the doe and potentially her unborn fetus as well?  Is this considered a humane procedure?

At time of press the media liason has not responded to the questions.

Tuesday, February 2, 2016

Long Island Resident Shares His Cancer Story With Vice President Biden

                                THE CANCER MOONSHOT INITIATIVE

Today, cancer is the leading cause of death worldwide. It's personal for the Vice President — and for nearly every American and millions of people around the world who personally, or through a family or friend, are affected by it.

The Vice President is leading a "Cancer Moonshot Initiative" to seize this moment and accelerate our efforts towards a cure. That means aiming to turn this deadly disease into a manageable chronic condition — and to unleash new discoveries and breakthroughs for other deadly diseases.

Cancer touches each of us. Share your story with the Vice President.

If this is personal for you — if your life or the life of someone you know has been touched by cancer, share your story with the Vice President at

Below is a story by a Long Island resident;   Dr. Carmine Vasile,  that he posted to the Vice Presidents' website about the Moonshot Initiative.  Dr. Vasile is an Electrophysicist who was Grumman Inventor of the Year, when he worked at the Bethpage facility.

Dr. Vasile asked:  "Please work together to prevent "America's Water Cartel" from defeating Biden's Cancer Moonshot Initiative, the way they defeated President Nixon's 1971 War on Cancer."

                       ***************Dr. Vasile's  Story***********************

    In his 1971 State of the Union address President Nixon declared war on cancer as follows "I will also ask for an appropriation of an extra $100 million to launch an intensive campaign to find a cure for cancer, and I will ask later for whatever additional funds can effectively be used. The time has come in America when the same kind of concentrated effort that split the atom and took man to the moon should be turned toward conquering this dread disease. Let us make a total national commitment to achieve this goal." (National Cancer Act of 1971

    Nixon neglected to mention the “concentrated effort that split the atom” was the cause of America’s cancer pandemic. The award-winning film, “The Atomic States of America” indicates we lost Nixon’s war on cancer, in part, because EPA officials retaliated by excluding radionuclides from the Safe Drinking Water Act of 1974 (SDWA) --- the year my son was treated for his first of many brain cancers that his Huntington, NY doctors blamed on pesticides. References [1] to [10] contain proof of EPA and FDA corruption.

    For example, Radon-222 (Rn-222) is a water soluble radioactive gas that cannot be removed by even the most expensive filtration systems without aeration and/or distillation. A 1985 study indicated drinking water in Maine had a mean value of 22,000 pCi/L for Rn-222 in water, with a maximum value over 1,000,000 pCi/L in one the sample. [1, pg. 2]

    The graphs I uploaded last year to indicate a million pCi/L of Rn-222 will emit over 5 million pCi/L of total radiation; about 3 million in Alpha radiation from Rn-222, Polonium-218/218/210 & 2 million of gross Beta & Gamma radiation from Lead-214/210 & Bismuth-214/210.

    Yet the EPA failed to set an MCL for Rn-222 in 1991 in contempt of Congress’ mandate to set a Radon-MCL by 1991 in order to prevent 80 cancer fatalities per year. The FDA was ordered by Congress to apply the Radionuclides Rule to bottled water, yet neither EPA nor FDA officials have been prosecuted for contempt of Congress.

    Consequently, millions of people continue to be poisoned each day by Radon-222, Polonium-210, 214 and 218 and other radioactive elements in tap and bottled water.

   My son’s doctors lied in 1974 to conceal the fact that our drinking water was (and continues to be) contaminated by Rn-222, Po-214,  and Po-218 isotopes in concentrations far above the 15 pCi/L Gross Alpha MCL set in 1976 -- the year corrupt EPA officials added the Radionuclides Rule to the SDWA, but excluded Rn-222, the parent of Po-210, 214 and 218.  

     New York State also has enormous levels of Rn-222, yet Governor Cuomo continues to ignore my February 20, 2015 Polonium Petition @

Additionally, contains a response to my Polonium Petition in which the NYS Health Department estimated tap water feeding homes @ 21, 22, 23, 24, 25, 26, 27, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 43, 45, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63 and 65 Herbert Circle, Patchogue, NY 11772, has over 1,120 pCi/L of total Alpha radioactivity; about 75 times the Gross Alpha MCL. Yet Governor Cuomo continues to ignore this clear health hazard.

   Unless Vice President Biden can overcome such endemic corruption by EPA and FDA officials, as well as corrupt State Governors like  Cuomo, his Cancer Moonshot Initiative will fail as did President Nixon’s 1971 War on Cancer.

Yours truly,

Dr. Carmine F. Vasile
Patchogue, NY


1.     "Measurement of Radon-222 and Lead-210 in Bottled Spring Water", by Timothy A. DeVol, John P. Clements and Lara D. Hughes, Environmental Engineering and Science Department, Clemson University @

2.     "OCCURRENCE OF RADON IN FLORIDA’S PUBLIC WATER SUPPLIES", Florida Department of Environmental Protection, Division of Water Resource Management, Bureau of Water Facilities Regulation, Drinking Water Section (Mail Station 3520), 2600 Blair Stone Road, Twin Towers Office Building, Tallahassee, Florida 32399-2400, (850) 487-1762; January 2000. []

3.     Quote from

4.     EPA Project Summary: "Radon Removal by POE GAC Systems: Design, Perf ormance, and Cost", EPA/600/S2-90/049 Jan. 1991. [It’s been uploaded with comments to:]

5.     According to the EPA, "Reverse osmosis does not remove gaseous contaminants such as carbon dioxide and radon." (Quote from

6.     Report to Congress: Radon in Drinking Water Regulations, by the Office of Water (4607M) EPA 815-R-12-002 (May 2012) @

7.     REPORT OF STATEWIDE SURVEILLANCE FOR RADON IN SELECTED COMMUNITY WATER SYSTEMS, NEW YORK STATE 1989 – 1990; September 1990, by David Axelrod, M.D., New York State Department of Health Commissioner and Kenneth E. Slade, P.E., Bureau of Public Water Supply Protection Contaminant Studies Section. []

8.     RADON IN DRINKING WATER, March 1988, by David Harris, M.D., M.P.H., Commissioner Suffolk County Department of Health Services (SCDHS), and Aldo Andreoli, P.E., Director, Division of Environmental Health. []

9.     “For many years, under the Federal Food, Drug, and Cosmetic Act (FFDCA), FDA was supposed to adopt and apply to bottled water all EPA tap water standards within 180 days after EPA issued those standards. [107] FDA was authorized to refuse to apply the EPA tap water standards to bottled water in certain circumstances where it determined and published reasons explaining why they were inappropriate for bottled water. [108] What happened, however, was that rather than affirmatively making such determinations, FDA just could not seem to be able to get around to issuing bottled water standards or making determinations at all.” Quote from: “Chapter 4, Gaping Holes in Government Bottled Water Regulation” NRDC @


Sunday, December 6, 2015

Urgent Red Alert/Help Prohibit ALL types of Shale Fracking in New York/LPG Fracking Decision Could Be Imminent


Please sign arguably our most important coalition letter yet.  I cannot overemphasize how critical this letter is:

Read a formatted alert:


Since last December 17th, New Yorkers have been told over and over that shale fracking is banned in our state.  As I will document herein, that is definitely not true.  On the contrary, Marcellus Shale fracking could begin any day.

The Problem

Based on a huge trove of previously secret documents that I just obtained through Freedom of Information, it is now painfully clear that Governor Cuomo has not banned all forms of shale fracking in New York.  The reality is that the high-volume hydraulic fracturing (HVHF) prohibition has been deliberately drafted with more holes than Swiss cheese.  

The Department of Environmental Conservation specifically exempted "gelled propane" or Liquefied Petroleum Gas (LPG) and all other non-water "environmentally-friendly" fracking methods from the definition of HVHF adopted by the Findings Statement issued on June 29, 2015.  This was not an oversight.

Unbeknownst to the public, DEC received a "gelled propane" permit application for Tioga County on April 24, 2015, two months before the Findings Statement was issued.  That means DEC knew its HVHF definition could open the door to LPG fracking.

This was done even though the Findings Statement concluded that LPG and other "environmentally friendly" fracking methods, ""all fail to limit unavoidable adverse environmental impacts and fail to address the risks and uncertainties of high-volume hydraulic fracturing."

Even worse, the HVHF definition has a second and potentially bigger loophole.  The HVHF prohibition only applies to "the stimulation of a well using 300,000 or more gallons of water as the base fluid for hydraulic fracturing for all stages in a well completion (emphasis added)"  

This raises the extremely troubling concern that HVHF might be permissible if only one stage in a well completion uses less than 300,000 gallons of water-based fracking fluid.

Our Backs Are Now Up Against the Wall

Our July coalition letter which requested that Governor Cuomo prohibit LPG fracking pending an environmental impact assessment pursuant to the State Environmental Quality Review Act (SEQRA) did not receive a favorable reply.  Similar requests also were not fulfilled.  There can be no question that our backs are now up against the wall on this issue.

All summer long, the firms proposing to frack Marcellus Shale with LPG in Tioga County have been super busy trying to gain approval for their project.  You will be shocked by the amount of effort underway:

The Solution: Require a Supplemental Findings Statement

We do not have a moment to lose.  A decision on LPG fracking could happen any day.

We must require the HVHF definition to be expanded to prohibit all types of shale fracking in New York.  This can be achieved by requiring DEC to issue a Supplemental Findings Statement.  A Supplemental Findings Statement is permissible by law.  A Supplemental Findings Statement was issued for the 1992 Generic Environmental Impact Statement.

The HVHF definition must be amended in two ways.  First, it must apply to the use of "water or any other substances" as the base fluid for hydraulic fracking.  Second, the "high-volume" definition hydraulic fracking must be reduced from 300,000 or more gallons for all stages of a well completion to 5,000 or more gallons for any stage of a well completion.

Given those concerns, New York's far stronger definition of HVHF should be:

"High-volume hydraulic fracturing is defined as the stimulation of a well using 5,000 [300,000] or more gallons of water or any other substances as the base
fluid for hydraulic fracturing for any [all] stage[s]in a well completion, regardless of whether the well is vertical or directional, including horizontal, in Marcellus Shale and other low-permeability gas reservoirs.  The 5,000 [300,000]-gallon threshold is the sum of all water or any other substances, fresh and recycled, used for any [all] stage[s] in a well completion.  Well stimulation requiring less than 5,000 [300,000] gallons of water or any other substances as the base fluid for hydraulic fracturing for any [all] stage[s] in a well completion is not considered high-volume, and will continue to be reviewed and permitted pursuant to the 1992 GEIS, and 1992 and 1993 Findings Statements, but not for Marcellus Shale and other low-permeability gas reservoirs."

Normal Question:  What You Can Do?

Sign the New Coalition Letter TODAY.  Get everyone you know to become signatories:

Persuade as many groups as possible to become signatories.  DO NOT TAKE NO FOR AN ANSWER!!!

Call Governor Cuomo during business hours at 518 474 8390 to request that DEC issue a Supplemental Findings Statement to prohibit all types of shale fracking in New York.

Hold the Governor to his promise that: DEC " will not establish a high-volume hydraulic fracturing permitting program; that no individual or site-specific permit applications for wells using high-volume hydraulic fracturing will be processed; and that high-volume hydraulic fracturing will be prohibited in New York State."


Many pundits earlier declared that gelled propane fracking in Tioga County is only a "publicity stunt."  It is now perfectly clear that a lot of money is being spent, a serious law firm is working hard to gain permit approvals and administrative events are moving full-steam ahead.

Other pundits declared that no firms could make money fracking for gas in New York State, so we had nothing to worry about.  Obviously some firms disagree.

Pundits also noted that the firm which proposed to do the LPG fracking was bankrupt.  That firm has now been bought and is back in business.  The new owner reportedly said, "Companies seem interested in rekindling waterless fracking efforts elsewhere."  Like New York?

I implore you to take nothing for granted.  Please take further focused action to prohibit all types of shale fracking in New York before it is too late.

Thanks so much for your assistance.


Walter (Hang)

Sunday, November 1, 2015

FealGood Foundation & 9/11 Responders are Appalled

CONTACT: John Feal 631 724 3320, 516 901 7427

FealGood Foundation & 9/11 Responders are Appalled & Denounce the Underfunded 9/11 Bill from the House Judiciary Chairman Congressman Bob Goodlatte from Virginia

New York - On a day when Republicans voted for a new Speaker of the House, and promised they are turning over a new leaf, the House Judiciary Congressman Bob Goodlatte recklessly and without regard for the actual needs of 9/11 responders introduced his own version of the James Zadroga Health & Compensation Act. This bizarre act of unilateral action was ironically done the same day the James Zadroga Health & Compensation Act crossed the 60-vote threshold to make the bill filibuster proof.  Even more bizarre, Chairman Goodlatte didn’t consult with the bill House bill sponsors even though that bill has 237 bipartisan cosponsors in the House.

Not only is this a slap in the face to everyone affected by 9/11/01 and its aftermath. It is proof that Chairman did not think this through, or he is truly misinformed and does not appreciate the magnitude and devastation that 9/11/01 and its aftermath is still causing. The Chairman has refused to speak to advocates for a permanent program, and never followed protocol in holding a hearing like Chairman Upton in the Energy & Commerce Committee to actually find out how much money would be needed to compensate the responders who continue to suffer and perish in huge numbers. Introducing his own 5 year bill does not even come close to providing what is needed to help the 12,000 people eligible for compensation.

If Chairman Goodlattee actually cared about the tens of thousands who suffer and 470 people in his state that suffer as well, he would have made a mature & responsible choice and held a hearing and held discussions with 9/11 advocates.  Instead, he has taken the lazy route and just offered the same thing that we got in 2010.   We all know now that those amounts have fallen short and that the responders still need help.

The 9/11 Community and its advocates strongly oppose this ridiculous and insulting piece of legislation set forth by Chairman Goodlatte, and we will not settle nor be insulted anymore by House members who cannot wrap their arms around 14 years of anguish and pain that still haunts thousands of heroes every waking day.

On Tuesday, November 17th 9/11 Responders again will be in DC meeting with members of Congress to extend a permanent bill and make sure Chairman Goodlattes bill is exposed for its politics, its weaknesses and its lack of substance to guarantee proper funding for yesterday's heroes.

Please call Congressman Bob Goodlatte Chairman of the House Judiciary Committee  202 225 5431 or Judiciary Committee 202 225 3951 and tell him his version of our Bill is an insult, under funded and a half ass attempt to appease the 9/11 community.