Editorial: The WTC Settlement: The Pit and the Political Pendulum

THE HOUSE FAILS TO PASS HEALTH BILL FOR WTC FIRST RESPONDERS

More macabre than anything Master Poe might have conjured up, the failure of Congress to pass the Zadroga Health Care Bill could result in thousands more deaths in the coming years because of lack of funds for diagnosis and treatment of diseases and illnesses caused by exposure at the site after 9/11.

On September 11, 2001 and for months afterward our brave men and women; fathers and mothers, daughters and sons went to work in and around Ground Zero at what would be known by them as "The Pit" or "The Pile".  They went because their hearts told them to go.  They toiled because their bodies listened to their hearts.  They trusted because Christie Todd Whitman, then the Environmental Protection Agency (EPA) chief told them the air was safe to breathe.  She was wrong.  The EPA was wrong.  Now, over 800 First Responders are dead before their time and thousands more are sick.  These are our children and parents  the politicians have now chosen to use as political fodder.

This week a battle erupted between Congressmen Peter King (R-Seaford) and  Anthony Weiner (D-Brooklyn) and swung like a pendulum back and forth with both sides accusing the other of politics as usual for their party members.  Tempers flared over the House's failure to pass the "Zadroga Bill".  (named after James Zadroga, a deceased 9/11 First Responder)  The vote was 255-149 but did not pass because the vote was taken under  the "suspension calender" rules which required a two thirds majority to pass.  Usually a simple majority would have been enough; in this case 218 votes would have easily passed the measure.  Republican Peter King found himself swinging back and forth with Democrat Anthony Weiner even though both voted for and support passage of the bill.

For his part Rep. King insisted that the Democrats could have passed the bill if they had put it to a vote under normal rules and that the Democrats were "petrified" an amendment on illegal immigration would be added and they would be forced to vote on this issue which could hurt them in November.  Then he focused on the procedure issue, claiming "Everyone knows this would pass with a clear majority... under the regular procedure of the House."

Swinging back the other direction Rep. Weiner argued "You vote yes, if you believe yes. You vote in favor of something if you believe that it is the right thing.  If you believe it is the wrong thing you vote no."  Rep. Weiner argued sarcastically that to blame your vote on procedure after a vote has already been taken is "great courage".  He admonished Rep. King and the other Republicans in a shouting match with Rep. King yelling "It's a shame. A shame."  When Rep. King tried to interrupt him Weiner yelled even louder, refusing to surrender the floor to Rep. King adding, "The gentleman thinks if he gets up and yells loud enough he will intimidate people into thinking he's right.  He's wrong."

Some Republicans predicted in the press the nearly 8 billion dollars would be just another "slush fund" for people to take advantage of the taxpayers.  What a shame to think so little of the thousands of heroes that were and still are our First Responders to lump them in with a handful of people who tried to take advantage of the system set up to help real victims of 9/11.  New York aggressively sought out and prosecuted to the full extent of the law any one who received funds under false pretense in the early aftermath of the 9/11 tragedy.

The real truth is that the World Trade Center First Responders are heroes who need this bill to pass now.  The New York City lawsuit proposed settlement which needs a 95% acceptance rate by the WTC plaintiffs by September 30th to pass, is fated to be rejected.  Insiders claim not even 20% agree to the $713 million dollars offered by the City,  accepted by federal Judge Alvin Hellerstein and proffered for agreement to the claimants by Kenneth Feinberg, the special master in the case.  This makes passage of the federal bill even more imperative for these people.

This reporter spoke with the law clerk for Judge Alvin Hellerstein, the federal judge in the City lawsuit,  just after Judge Hellerstein initially insisted the City up the ante in the settlement, calling their first offer insulting and unacceptable.  Judge Hellerstein also insisted the lawyers for the plaintiff's reduce their fee from the standard 33% to a more reasonable 25%. This was a good decision by the judge. Especially because there is information that was recently published regarding the First Responders' exposure to toxic levels of Beryllium that was in the planes and the buildings.  When water was applied to the fire the Beryllium in "The Pit"  became deadly toxic.  Beryllium is deadly when breathed into the lungs even in small amounts when it is in a vapor, dust or particle form.

Focusing on the breathing problems exhibited by many who worked without the proper breathing apparatus and other necessary protection at the WTC site, the judge's clerk was told that thousands of WTC First Responders may have been misdiagnosed and may not know if they are sick for decades.

See Freelance Investigations:                                                                    Monday May 17, 2010
WERE THOUSANDS OF WORLD TRADE CENTER RESPONDERS MISDIAGNOSED?
IS SARCOIDOSIS DIAGNOSIS REALLY CHRONIC BERYLLIUM DISEASE?
http://freelance-documentdrivennews.blogspot.com/2010/05/were-thousands-of-world-trade-center.html

Judge Hellersteins' law clerk did not comment, but he did listen patiently and was asked to direct the judge to the information about Beryllium exposure contained in the May 17th  story.  The workers exposed to Beryllium in "The Pit" may not exhibit symptoms of the deadly and incurable Chronic Beryllium Disease for another ten years, as the disease for some, can take up to two decades to present the symptoms.  Once it does present however, it is always fatal.  Other symptoms besides breathing problems include eye ulcers and rashes and/or cuts that won't heal.  The National Institute for Occupational  Safety and Health, (NIOSH) which operates under the Department of Labor issued a Report to Congress containing documents that state if a person has been diagnosed with Sarcoidosis and they have ever been exposed to even a small amount of Beryllium, they are presumed to have Chronic Beryllium Disease....No equivocation.

There is no way to know if the information about Beryllium exposure was ever passed along to the judge.  Recently, however, Judge Hellerstein accepted the new offer of $713 million by the City which would pay an average of $3,000 for a lung disease documented in a WTC worker and an average award to workers of less than $40,000 dollars.  Any money obtained in a New York settlement would work as an offset to any monies obtained if the Zadroga Bill passes.  The World Trade Center First Responders are incensed that this has become a political issue and rightly so.  Calling the settlement offer "flawed" but still "a good deal" at a recent Town Hall meeting on Staten Island, the judge recommended the plaintiffs take the settlement.

John Feal who started the FealGood Foundation; a 9/11 advocacy group, after he severely injured his foot working at "The Pit"-  called the failure of the House to pass the bill a failure on every level and characterized the First Responders as "pawns" in the political machinations that surround the November elections.

Glenn Klein, a 51 year old former NYPD officer who worked in the emergency services unit during 9/11 and lives in Centereach is disabled because of his exposure at "The Pit".  Klein took the setback of the failed vote in stride noting that they have worked tirelessly in the past to successfully educate the legislators and have been able to get some to change their votes and they will continue to do so until the measure is passed in the House.  Then he will look toward the fight in the Senate.

The health care bill is named for James Zadroga an NYPD detective who died on January 5, 2006.  In 2001, Mr. Zadroga was a healthy non-smoker, with no history of asthma who five years later died of a respiratory ailment.  Mr. Zadroga spent over 450 hours on the pile at "The Pit" and after a few months he first got what has come to be known among responders as the "World Trade Center Cough".  Then he experienced shortness of breath and eventually was unable to walk more than a few feet without gasping for air.  He was 34 years old when he died.

Several autopsies brought a variety of conclusions with the City Medical examiner putting the onus on Zadroga himself.  However, the latest autopsy, by world renowned forensic pathologist,  Dr. Michael Baden discounted the theory espoused by the City's examiner which Dr. Baden concluded was incorrectly stating actions by  Zadroga were responsible for his own illness and premature death.

The politicians who believe that this issue can be used as political capital in an election year do not deserve to be representing the people or the heroes.  The brave individuals who worked on the pile at that pit never asked or cared if the man or woman standing next to them was a Democrat or a Republican.  People came from every one of our fifty states to help New York during this crisis and worked as Americans and neighbors of ours.  To interject politics into saving their lives is not only unethical and inhumane...it flies in the face of everything these courageous people sacrificed and what America stands for.

Message to both houses of Congress...................Pass the damn bill.

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***********************************************

The following are synopses of the Zadroga Bill from both the House and the Senate companion bill.

Summary of H.R. 847,

The 9/11 Health and Compensation Act

Thousands of first responders and others exposed to the toxins of Ground Zero are now

sick and in need of treatment and compensation.  H.R. 847 would build on the current

WTC health programs to provide long-term, comprehensive health care and

compensation for those in need.  In order to bring the bill to the floor, the bill as amended

would cost $7.4 billion, which will be completely offset by closing a tax loophole on

foreign companies, which will raise $7.4 billion over 10 years.

Prepared by the Office of Congresswoman Carolyn B. Maloney

Last updated July 23, 2010

H.R. 847, the 9/11 Health and Compensation Act

What is the problem?

Thousands of first responders and others exposed to the toxins of Ground Zero are now

injured and need our help.  These include firefighters, rescue workers, responders, police

officers and EMTs, construction workers, cleanup workers, residents, area workers, and

school children, among others.  Their illnesses include a range of respiratory, gastrointestinal,

and mental health conditions.

Over 13,000 WTC responders are sick and receiving treatment.  Nearly 53,000 responders

are enrolled in medical monitoring.  71,000 individuals are enrolled in the WTC Health

Registry, indicating that they were exposed to the toxins.

*********************************************
*********************************************
The Senate Companion Version of this Bill
Sponsor:  Senator Kirsten Gillibrand  (D-NY)

Co-Sponsors:
Sen. Mark Begich [D, AK]
Sen. Roland Burris [D, IL]
Sen. Robert Casey [D, PA]
Sen. Christopher Dodd [D, CT]
Sen. Daniel Inouye [D, HI]
Sen. Frank Lautenberg [D, NJ]
Sen. Robert Menéndez [D, NJ]
Sen. Charles Schumer [D, NY]

At least 10,000 people came from around the country to help in the aftermath of the attacks.

They hail from every single state in the Union and nearly every Congressional District.

Many are sick and others are very concerned about their future health.

Those who have economic losses because of their WTC-related illnesses need and deserve

compensation, but have no alternative to the current litigation system.  The WTC Contractors

and the City of New York are being sued by over 11,000 people who are injured because of

Ground Zero toxins.  They face great financial loss because they were asked to help at

Ground Zero in the country’s time of need.

How H.R. 847 addresses the problem:

Provides medical monitoring and treatment to WTC responders and survivors (area workers,

residents, students) who were exposed to the toxins at Ground Zero.

Builds on the existing monitoring and treatment program by delivering expert medical

treatment for these unique exposures at Centers of Excellence.

Reopens the 9/11 Victim Compensation Fund (VCF) to provide compensation for economic

losses and harm as an alternative to the current litigation system.

Provides liability protections for the WTC Contractors and the City of New York.

Status of H.R. 847:

The bill is ready to go to the floor.  The Energy and Commerce Committee and the Judiciary Committee have reported out their sections of the bill.

The cost of the bill has been reduced from $10.5 billion to $7.7 billion to ensure that the bill

is completely paid for and PAY-GO neutral.

The offset targets “treaty shopping” where a foreign company in a country without a U.S.

treaty routes income through a third intermediary company with a treaty to take advantage of the intermediary company’s tax reductions.

Source:  opencongress.org/

         To view the House Bill in its' entirety click the link:

            http://www.opencongress.org/bill/111-h847/text

Freelance Investigations: Editorial OPINION: Hydraulic Fracturing Should be Banned in...

Freelance Investigations: Editorial OPINION: Hydraulic Fracturing Should be Banned in...: " Robert Catell, former chairman of National Grid, USA and currently Chairman of the Advanced Energy Center Advisory Board at Stony Br..."

OPINION: Hydraulic Fracturing Should be Banned in All States

  

   Robert Catell, former chairman of National Grid, USA and currently Chairman of the Advanced Energy Center Advisory Board at Stony Brook University weighed in today in an opinion piece in Newsday about his views on gas drilling using the method known as "hydraulic fracturing".  (Opinion; Newsday "Don't Reject Gas Drilling Out of Hand" July 30, 2010) He suggests the Marcellus Shale under New York and five other states could "fulfill the entire nation's natural gas needs for many years."  I suggest Mr. Catell watch Sundance Film Festival's Award Winning documentary on HBO called "Gasland" by Josh Fox, a Pennsylvania native who was offered $100,000 dollars for the rights to drill for gas on his property.  Instead of jumping at the money Mr. Fox opted on a journey across America to see the environmental consequences to what is now known as "fracking".

The documentary outlines the environmental devastation and irreversible destruction caused by this obscene method of drilling for gas in large sections of shale rock under the earth.

The process uses Volatile Organic Chemicals, (VOC's) which will never biodegrade and poison the land into which it is pumped.  The process which except for the "Halliburton Loophole" contained in the Bush-Cheney Energy Policy Act of 2005,  would be in violation of both the Safe Water Drinking Act and the Clean Air Act.  The loophole allows them to pump millions of gallons of VOC's into the ground without even having to identify the chemicals used.  The process wastes millions and millions of gallons of clean water and the water that is "created" is toxic and where is that going?  Much of it stays in the ground, leaches out and nearby homeowners have found their wells are now unsafe to drink.  Some are so contaminated, the tap water can light on fire with a match right out of the faucet.  The pictures are irrefutable evidence of the problem with the "new technology".

Mr. Catell calls these "highly isolated incidents of well-water contamination in some locations"  and continues that "there are questions about the safety of water management and disposal.  But the industry is well aware of these issues, and knows that they can be handled with proper design and management of water resources enforced by state regulations."  

These "issues" are making many people sick in more than five states, according to the documentary.  Healthy people find themselves with serious neurological and gastrointestinal problems soon after the wells were drilled nearby to their homes. The process is destroying the land forever with volatile organic compounds; shown in the documentary labelled with the skull and crossbones and necessary hazardous material warnings they deserve and must display on the tanks they are stored in.  The worst part is, Bush and Cheney leased our public lands in Colorado adjacent to Yellowstone where formerly animals would make their annual migrations.  Pictures of these frightened creatures looking up at these monstrous wells- a scene likened to a moonscape covered with hundreds of wells, where trees and forest used to be are startling and saddening.  How could this have been allowed to happen on federally owned land which was supposed to be being protected for generations to come for the people?

Mr. Catell wants state regulations to cure the problems?  There is an official from the United States Department of Environmental Protection Agency who spoke in the documentary as an individual citizen, because he is forbidden to speak as an EPA representative.  He said the workers and officials at the EPA were told to "do nothing" by the officials in the Bush-Cheney administration and until he is told he can now do his job again, his hands are tied.  The people who allowed this to happen should be in handcuffs and sent to prison.  This is un-American and to tell EPA officials to stand down and not to do their job is tantamount to treason.  We pay for the EPA officials to protect our environment.

The Marcellus Shale formation in which the gas companies have obtained leases to drill in Pennsylvania and New York sits underground directly adjacent to the upstate aquifers that represents the largest unfiltered clean water source in the world.  These aquifers supply drinking water to millions of people in the northeast region and it is insanity to even think about using this already proven toxic method of obtaining energy.  There is currently a moratorium on drilling in New York.  It is a temporary measure that must be made permanent.

Mr. Catell now touts the New York Energy Policy Institute at Stony Brook to do the assessment of the technology to determine if it's safe.  What a surprise he wants millions of dollars to do a study at his University....Stony Brook.   No bias or conflict there right?  The time for these studies was BEFORE they ravaged the people and land with this toxic technology Mr. Catell. (Mr. Catell is also the Energy Policy Advisor Council Chairman).  Why should we now waste millions to do an assessment of what we have already clearly seen to be a disaster in Colorado, Texas, Pennsylvania and several other mid-Atlantic states?  The emperor has no clothes and all you need to do is spend one hour and watch "GASLAND" on HBO to know this.  Stop wasting taxpayer dollars. The lawmakers need to make  "fracking" illegal and stop this insanity of putting technology and energy first no matter the costs to humanity and the environment.

For once let us look to other sources of energy like solar and wind which are  renewable  and do no harm to the land or people.

The moratorium on hydraulic drilling must be made into law permanently and on a federal level......
period.

By the way...Mr. Catell is also a member of the Association of Energy Engineers, National Petroleum Council (NPC) and the Society of Gas Lighting (SOGL

Mr. Catell is a past Chairman of the American Gas Association, the U.S. Energy Association (USEA). He is a Vice-Chairman of the National Petroleum Council's Natural Gas Committee and also a member of its' Finance Committee.  So, no bias there...right?

www.hbo.com/documentaries/gasland/synopsis.html

http://www.newsday.com/opinion/oped/opinion-don-t-reject-hydraulic-fracturing-out-of-hand-1.2153920

NEW DRAFT SOLID WASTE MANAGEMENT PLAN FOR NEW YORK STATE:

 

BEYOND WASTE...THE NEW PLAN

                                             Aggressive in Spirit…Limited by Funding

A new Draft Proposal Solid Waste Management Plan for New York titled;  Beyond Waste: A Sustainable Materials Management Strategy for New York, along with a supporting  Draft Generic Environmental Impact Statement (DGEIS) was outlined by representatives of  the New York State Department of Environmental Conservation, Division of Solid and Hazardous Materials, at a June 7^th  meeting held at Stony Brook University.

The overall Plan intends to help minimize waste, increase the number of materials that can be used or recycled, reduce greenhouse gas emissions and increase the number of “green” jobs.

The strategy involves shifting from an “end of pipe” focus to reducing waste from the very start.  To implement this task, according to the Plan, everyone must work together in a coordinated effort between municipalities, businesses and individuals. The goal is to result in decreased reliance on waste disposal facilities in the future.

Calling the Plan “aspirational”,  but  “…clearly philosophically unsound…”David Tonjes, an Assistant Professor at Stony Brook, affiliated with the Waste Reduction Management Institute,  spoke during the comment period of the meeting stating that in his opinion “…this is a bad plan and an unacceptable environmental impact statement.”

Through increased recycling, composting and new preventative measures such as using less product packaging and maximizing re-use, according to NY State DEC Commissioner Peter Grannis

the DEC expects the Plan to reduce waste by 15% every two years from 14 million tons (2008) to the projection of 2 million tons in 2018.

According to Mr. Tonjes:

Composting, which reduces waste disposal, is strongly supported in the Plan although it requires energy use to be accomplished and causes net releases of greenhouse gases…The Plan emphasizes a need to reduce waste, because the process that led to the piece of waste causes much more pollution than managing waste does.  Eliminate waste and the chain of environmental harm is broken.  This logic is crooked.  It is like saying we can improve public health by regulating cemeteries.  We cannot change the American consumer culture nor alter fundamentals of use by banning landfills.

The DEC is making an attempt to adapt to a growing pressure to reduce demand for energy, dependence on disposal, minimize emissions of greenhouse gases and create jobs, according to the Plan.  To that end they will attempt to coordinate all levels of the production and supply chain, including; product manufacturers, distributors, retailers, consumers and government.

                     PRODUCT STEWARDSHIP:  INFLUENCE OF DESIGN

One method of accomplishing the goal of less waste is to promote “product stewardship”, according to Resa Dimino, special assistant in the DEC’s policy office, who presented the Draft Plan at the Stony Brook meeting.  “This is where the manufacturer takes responsibility for the recycling of that product and its' packaging.  This would be similar to the new Electronics Disposal Law recently signed by Governor David A. Patterson, which takes effect in April of 2011.” The law requires all manufacturers that sell electronics in New York State to have a cost free and clean method of recycling electronic waste set up for consumers" according to Ms. Dimino and it also makes it illegal for anyone to dispose of electronic waste in landfills after January, 2015.

Ms. Dimino said according to the Plan, the DEC would hope to institute similar programs for household hazardous waste i.e. pharmaceuticals, paint, mercury in thermometers, thermostats and other potentially toxic household items.

The focus of the DEC, according to Ms. Dimino is to set new goals and to accomplish these goals there is a need to acquire a “new revenue stream”, something she admitted was a real concern, considering the economic situation New York  and the nation currently finds itself in.

Increased DEC enforcement authority and a potential “pay as you throw” program were two ideas Ms. Dimino mentioned to help finance the new goals, admitting these would require legislative involvement.

The programmatic recommendations according to Ms. Dimino are that the State must lead by example, combat climate change, focus on public education, outreach and technical assistance and develop a comprehensive materials management planning system.  There must be better inter-agency communication and there is a real need to build a market for re-cycled glass.

The Plan though aggressive and well intentioned is based on full financial backing and an ability to realistically implement. This is something everyone at the meeting seemed to agree was the crux of the problem with the Plan.   David Blackman, Head of the DEC Solid Waste Management Plan, representing 350 municipal and private solid waste management facilities, said at the meeting, “A comprehensive assessment needs to be performed to determine the Environmental Impact and cost.  There is a need for funding sources.  We believe the proposed surcharge on Solid Waste “tipping fees” are taxed to the max and no more burdens can be added.  If we must add a fee it should only be to those who are not already recycling.”

Professor Tonjes said that “according to section 617.9 (b) (5) (v) of the SEQRA regulations an Environmental Impact Statement must address reasonable alternatives…The language of this regulation also seems to require a need to show the preferred alternative is feasible, considering the objectives and capabilities of the project sponsor.  I see no evidence that the Plan has been shown to be possible to implement.”

The public comment period has been extended to August 16, 2010.  The draft plan can be found on the Department's website at www.dec.state.gov or 

http://www.dec.ny.gov/chemical/41831.html.

Written statements must be received by close of business on August 16th  by mail, FAX or E-Mail:

Mail:  Mr. Ed Dassatti

          NY State Department of Environmental Conservation

          Division of Solid and Hazardous Materials

          625 Broadway- 9th Floor

          Albany, New York  12233-7250

FAX:  (518) 402-9024

E-Mail  nysswmp@gw.dec.state.ny.us

To obtain additional information of the Plan and DGEIS, please contact Resa Dimino at:
 (518) 402-9401 

 or use the above E-Mail address.

DEPARTMENT OF ENERGY TO CONGRESSMAN BISHOP: GRUMMAN WORKERS WERE NOT NOTIFIED OF BENEFITS

        "...it is unlikely that Northrop-Grumman informed it's employees about EEOICPA."
                                                                      Glenn Podonsky, DOE

In a recent article published by Freelance Investigations, it was reported that on March 24, 2010 a letter was sent from Congressman Timothy Bishop to the Department of Labor on behalf of one of his constituents; Dr. Carmine Vasile. 

Dr. Vasile had expressed outrage and concern that his former employer, Northrop-Grumman, a sub-contractor of the Brookhaven National Laboratory (BNL), never notified him and other employees that they were eligible for medical and financial benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).

In a response letter to Congressman Bishop from Glenn S. Podonsky, Chief Health, Safety and Security Officer for the Office of Health, Safety and Security, Dated June 4, 2010 Mr. Podonsky stated:

“On May 24, 2010, BNL informed us that in the past 18 years BNL has done very little business with Northrop-Grumman; perhaps only three relatively small contracts.  Therefore it is unlikely that Northrop-Grumman  informed it’s employees about EEOICPA.”

A simple Google search using Northrop-Grumman/BNL DOE Contracts ----however, yielded many projects between the two facilities.

For example:

BNL-72167-2004-CP

Successful Partnership Between Brookhaven

National Laboratory and Northrop Grumman

Corp. for Construction of RHIC

Superconducting Magnets+

Doug Fisher*, Mike Anerella, and Peter Wanderer

And also:

Advanced Energy Systems, Inc.File Format: PDF/Adobe Acrobat - Quick View

by EB Accelerators

BNL. Most recently, AES was the only US company to manufacture a 5-cell, 700 MHz ... The clean room will see its first use in support of a DOE contract to design , fabricate, ... Northrop Grumman Corp., and state-of–the-art space-based ...

epaper.kek.jp/p01/EXHIBIT/AESINFO.PDF

And also:

US Department of Energy Photovoltaic Energy Program Contract ...File Format: PDF/Adobe Acrobat

by T Surek - 2001 - Related articles

DOE/GO-102001-1198. FY 2000 Photovoltaic Energy Program Contract Summary ...... project with Dr. Godfrey Augustine of the Northrop Grumman Science and Technology ...... Approach/Background: The BNL Center conducts the following types of ...

www.nrel.gov/docs/fy01osti/29124.pdf - Similar

And…

Design of a harmonic generation FEL experiment at BNL - ElsevierThe harmonic generation experiment is proposed for the BNL accelerator test facility (ATF) ..... This work is performed under the auspices of the U.S. Department of Energy under contract number DE-AC02-76-CH0016 and the Grumman Corp. ...

linkinghub.elsevier.com/retrieve/pii/0168-9002(92)91052-B

In fact there were 11,000 responses in .028 seconds for the Google search Grumman/BNL D.O.E. Contracts.

Today, Freelance Investigations asked Peter Genzer, the media spokesperson for Brookhaven National Laboratory why BNL wrote to the Department of Energy that they could only identify 3 small contracts with Grumman.  Mr. Genzer had not seen the Bishop letter so it was E-Mailed to him and he sent this reply:

Brookhaven National Laboratory's retention policy is to keep subcontractor procurement records for a maximum of six-and-a-half years after completion before they are destroyed. According to our contracts and procurement staff, our existing records only show a handful of small contracts (none over $1,200) with Northrop Grumman. These date back to 2004, and were for analysis of biodiesel, oil, and sulphur samples. We no longer have records of contracts that may have existed prior to the early 2000s.

                                                                                           Peter Genzer/Media Liason for BNL

NEW BROOKHAVEN NATIONAL LABORATORY WORKERS' SCREENING FACILITY PLANNED AT QUEENS COLLEGE

The NSSP Screening Facility proposed by DOE for BNL was denied approval by Stony Brook years ago. No one will say why.
The Department of Energy (DOE) is responsible for the National Supplemental Screening Program  (NSSP) which provides worker population medical screenings for those men and women exposed to environmental hazards in the course of their employment for the DOE or their contractors and subcontractors.


Dr. Steven Markowitz works at Queens College running the Center for the Biology of Natural Systems and manages a group of these sites across the country. According to him his sites all follow the national protocol for testing and people can use the results for any purpose including applying for benefits under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).

This act provides for free medical screenings and financial compensation for medical maladies linked to exposure and for deaths related to employee exposure on the job site to hazardous chemicals, radiation, Beryllium and other toxins.

Several years ago the DOE submitted an application to Stony Brook University, which manages Brookhaven National Laboratories (BNL) to set up a screening center at Queens College to be funded entirely by the DOE. This would have allowed any and all employees of BNL to go to Queens College and get free hands on examinations and testing including the BLpt test for Beryllium exposure, x-rays, medical and occupational examinations, breathing tests, general blood chemistry, urinalysis and other tests, according to Dr. Markowitz.

Dr. Markowitz runs similar programs in Paducah, Kentucky, Portsmouth, Oregon and seven other sites and all have been approved using the exact same protocols as the Queens College application submitted a few years ago to Stony Brook.  

But the Institutional Review Board at Stony Brook said no, and denied the application. In January 2010 the DOE formed a new IRB of 10-20 people including scientists and workers' reps etc. and Dr. Markowitz has resubmitted the original application Stony Brook declined to approve- to them.  Dr. Markowitz says he expects it to pass easily and hopes to have the program under way in a few weeks.

Last week Freelance Investigations called Stony Brook and spoke to Lauren Sheprow in the office of media relations. I asked her why Stony Brook denied the application several years ago.  She said she did not know what the NSSP Program was and would I please put my questions in writing and send them in an E-Mail.  This was the E-Mail that was sent:

          Lauren:

First a little background since you seemed to have little or no information regarding this issue when I first called. I hope this helps to narrow things down for you.  I have asked Dr. Markowitz for the numbers you requested, but just got his machine and am still waiting for his call back.  In the meantime, maybe this will help.

I have been told that a few years ago the DOE put in an application to the Stony Brook IRB for a DOE fully funded NSSP Screening Facility for BNL workers to be set up on site at Queens College for the purpose of testing for medical problems experienced by the men and women who were exposed to Beryllium, Radiation, and other chemical toxins while working at BNL which is a DOE Facility.  DOE workers, their contractors or subcontractors are covered under the EEOICPA and Beryllium and Radiation exposure are handled specifically by NIOSH.  When you go to the NSSP website it says that workers from various DOE contaminated sites are handled at other facilities across the country. All are handled through Queens College by Dr. Steven Markowitz of the Center for the Biology of Natural Systems.  Dr. Markowitz told me that a few years ago that he submitted the application for a DOE funded NSSP (National Supplemental Screening Program) test site at Queens College for BNL workers and submitted the application to Stony Brook and their Institutional Review Board (IRB). This application contained the exact same protocols that were and continue to be in effect in seven other NSSP testing sites across the country.  These protocols include but are not limited to:

(All Free)      Hands on medical and occupational hazards examinations

           X-Rays
           Breathing Test

           BLpt tests for Beryllium exposure
           General blood chemistry and urinalysis tests

According to Dr. Markowitz, Stony Brook IRB denied the DOE application and the site was never opened.

Dr. Markowitz declined to comment on why the application was denied by Stony Brook except to say he thought the IRB's principal issue back then was "confidential and personally identifiable information".  

In January 2010 the DOE formed a new IRB of 10-20 people including scientists and workers' reps etc. and Dr. Markowitz has resubmitted the original application Stony Brook declined to approve- to them.  Dr. Markowitz says he expects it to pass easily and hopes to have the program under way in a few weeks.

 QUESTIONS:

Who specifically was on the committee that denied the original application...when did this actually occur (if at all) and why was the application denied...(if it was)?

Does Stony Brook have any comment about the DOE's need to make an end run around their IRB denial to develop a new DOE IRB to establish the center to get help for the BNL workers?  Will they cooperate in the new project if and when it is up and running at Queens College?  Will they encourage BNL current and former employees to go to the center for free screenings?  If so, if and how will they handle notification to current and former BNL workers?

Where do you refer exposed BNL workers to now for screenings?  

Are any of the members of the IRB in contact with Dr. Markowitz directly regarding this issue?  If so who, when and what was the upshot of the interaction?

If they did deny approval of the application for the free screening site, do the members of the Stony Brook IRB have anything to say to the sick workers, who missed getting screened on time or the families of those gone already from diseases related to their exposure as to why Stony Brook said no to the Queens College NSSP Medical Testing Center application years ago?

            Thank you for your very valuable time...                 

            Colleen Callan

               Freelance Investigative Reporter and Producer


The REPLY:

Dear Colleen,

In response to your inquiry, the IRB's role is to review proposals involving human subjects according to criteria specified by federal regulation. If the criteria are not met, the proposal may not be approved.  

I hope this helps.

Best,

Lauren

Lauren M. Sheprow

Office of Media Relations

Stony Brook University

631-632-4965 / 631-444-7880

www.stonybrook.edu

www.stonybrookmedicalcenter.com

To which I replied:

   Lauren: 

I already knew what the IRB's role is.     That was never one of my questions.  You are not answering any of the questions I did ask and you are answering ones I didn't ask.  Interesting.

I wanted to know specifically, why this Queen's College proposal did not meet Stony Brooks' criteria.

Since according to Dr. Markowitz, it was exactly the same as seven other Federally approved sites...what specifically made Stony Brook say no?

That's really what I asked and still need to know and you are not willing to answer.

You are obviously ducking all the questions from the E-Mail you insisted I send you. 

I will give you one more opportunity to answer them.  If not...they will be put into the article exactly as written and your exact responses along with them.    3 PM Deadline.

                       Colleen

Dr. Markowitz originally said in a recent interview, to the best of his recollection Stony Brook did not approve the initial proposal based on “confidential and personally identifiable information”. 

At the time, when asked to explain the statement he could not say what it meant.

When pressed today regarding the real reason Stony Brook said "No"- Dr. Markowitz admitted he knew the real reason, had it in his files, but would not reveal the answer, despite agreeing several weeks ago to look for the information and to release it when he found it.

Why are both Stony Brook and Dr. Markowitz not willing to answer the simple question of why Stony Brook denied the application a few years ago?  What’s the big secret here?

Why the change of heart by Dr. Markowitz regarding the answer?  No one will even give the exact year of the denial, even though they obviously know the answer to at least that question. Why?

Asked the same question asked to Stony Brook IRB members, what he would say to the BNL workers who were not screened and may be in a later stage of a disease than they might have been if they had been screened when the Queens College program was first proposed and denied, he replied, “We don’t screen for cancers.” and according to Dr. Markowitz the screenings “Are not so much life saving because for many we don’t have the medicine to cure these diseases anyway”.  

I called Lauren Sheprow again and asked her if she intended to actually answer any of the written questions she requested and she said the E-Mail answer was the "on the record response" and the only answers she and Stony Brook intended to give. I asked her to at least tell me where Stony Brook currently refers BNL workers to now for screenings?  She declined to answer.
  

Dr. Markowitz said today he hopes to have the Queens College program up and running in the very near future. 

To Contact Dr. Markowitz regarding the program call:

718 670-4184

To Contact Lauren Sheprow to see if she will give you an answer to why Stony Brook said No to the NSSP Screening Program for BNL workers at Queens College several years ago call:

631 632-4965 or E-Mail her at: lsheprow@notes.cc.sunysb.edu 

WERE THOUSANDS OF WORLD TRADE CENTER RESPONDERS MISDIAGNOSED?

IS SARCOIDOSIS DIAGNOSIS REALLY CHRONIC BERYLLIUM DISEASE?

Thousands of firemen, policemen and other first responders who worked on “the pile” or "the pit" at the World Trade Center after 9/11 even for short amounts of time were potentially exposed to toxic levels of Beryllium which could result in a fatal disease known as Chronic Beryllium Disease.

Hundreds of World Trade Center responders have been diagnosed with Sarcoidosis disease, according to John Feal the founder and president of the non-profit Fealgood Foundation, an organization dedicated to the health and well being of 9/11 first responders.            

According to The American Lung Association:

Sarcoidosis is a disease caused by small areas of inflammation. It can affect any part of the body but is most common in the lungs—called pulmonary sarcoidosis. In pulmonary sarcoidosis, small patches of inflamed cells can appear on the lungs' small air sacs (alveoli), breathing tubes (bronchioles) or lymph nodes. The lungs can become stiff and may not be able to hold as much air as healthy lungs. In serious cases, sarcoidosis can cause scar tissue in the lungs, which can affect the lungs' ability to move oxygen into the bloodstream.

No one knows what causes sarcoidosis. The good news is that is it usually temporary. In half the cases, sarcoidosis heals naturally—without any treatment. In serious cases, healthcare providers may treat a patient's symptoms to help improve how well the lungs and other organs are working.

According to the National Institute of Occupational Safety and Health (NIOSH) anyone who has been diagnosed with Sarcoidosis who had ever been exposed to Beryllium is automatically presumed to have Chronic Beryllium Disease.

On September 4, 2008, DEEOIC issued Circular No. 08-07 which states:

A diagnosis of sarcoidosis is not medically appropriate if there is a documented history of    Beryllium exposure. Rather, in these situations, the claims examiner is to consider the diagnosis of Sarcoidosis to be a diagnosis of Chronic Beryllium Disease.                                    

                              (EEOICPA OmbudsmenReport to Congress 2008)

The American Lung Association's Website's "List of Lung Diseases"  does not have any information or listing for Chronic Beryllium Disease.

Beryllium is the most toxic metal known to man.

Beryllium was in the American Airlines-Boeing made planes that were flown into the buildings that day.  When the firemen added water to the pit, a deadly toxic vapor was created that can cause  Chronic Beryllium Disease. The disease can take many years to present its’ symptoms, lying dormant sometimes for decades, but when it does present, it can be deadly as the scar tissue shuts down the lungs and there is no cure.

The fires at The World Trade Center should never have been fought with water and everyone who breathed in the vapor, dust and smoke that day and for months to follow were potentially exposed to toxic Beryllium and could be in danger of getting the fatal disease.  Even regular airplane fires should not be fought with water.

                                THE PREMATURE DEATH OF HEROES

According to John Feal who spoke with Freelance Investigations today, there is no question that Beryllium was in the pit.  "Everyone knows that Beryllium was there.  I've got eight and a half years of 9/11 "U" behind me and I consider myself intelligent enough to know that this has led to the premature death of heroes who risked their lives without prejudice a few years ago."  Mr. Feal spoke of the "toxic soup" in the pit:  "I believe the Beryllium added with all the other toxins like the Jet Fuel, Benzene, Mercury, pulverized cement and other contaminants all led to a toxic soup that we inhaled.  No one can deny that these toxins have caused serious injury and death.  When mixed all together, no one can say what the exposure could do."

In a video on the Fealgood Foundation website, John Fealgood said "The government has let us down... If we have money to kill we should have money to save lives."

Mr. Feal has a vested interest in the issues of 9/11 first responders and works tirelessly on their behalf.
On September 17, 2001 8,000 lbs. of steel fell on Mr. Feal's foot while he was working at the pit causing him to spend 10-11 weeks in the hospital with gangrene and sepsis. Eventually he underwent dozens of surgeries.  Despite his own physical issues- on August 14, 2007 John Feal donated a kidney to a perfect stranger.  Mr. Feal said he did it "To show America that people that basically have nothing can still help others.  People who have seen the bottom can rise to the top and continue to help others."


  HOW MUCH BERYLLIUM WAS IN “THE PIT”AT THE WORLD TRADE CENTER?

It is difficult to ascertain the amount of Beryllium that was contained in the pit at the World Trade Center.  Mr. Feal said this issue of Beryllium at the site needs to be investigated further, "Because this is human life we are talking about right now."

Calls to Boeing by Freelance Investigations to determine the total amount of Beryllium contained in both the plane and the jet fuel were never returned.

The media representative for American Airlines who refused to give their name gave this quote when asked how much Beryllium was in the 757 and 767 planes that flew into the towers and ended up in the pit:  " We don't respond to 9/11 requests for information." 

Beryllium is used for the airline seats, luggage, clothing, golf clubs, cell phones, computers, landing gear, radar, brakes, the shell of the body of the plane, the turbine blades of the jet engines, electronics and also in the jet fuel and engine oil.   When Beryllium burns and water is poured onto the fire, it creates a toxic brew of dust, particles and Beryllium vapor that even when inhaled in small amounts can be deadly toxic. 

Pictures of the firemen fighting the fire at the Pentagon, show they were all wearing protective SCBA (Self Contained Breathing Apparatus) and Haz-Mat suits while fighting the fire.  Perhaps this was because the military has known for decades that you do not pour water on a Beryllium Fire and you wear proper equipment when fighting one.

According to a study published recently in the New England Journal of Medicine, a seven year study with members of the New York City Fire Department;  rescuers who had significant declines in lung function a year after the attack had still not recovered, and the recorded drop in lung function was about 12 times the rate seen in normal aging. Since Sarcoidosis usually can heal and Chronic Beryllium Disease gets worse, why aren't World Trade Center responders and clean up crews being tested for Chronic Beryllium Disease?

Since Beryllium is now being used in so many non-military or civilian applications shouldn’t all fires be treated as if the possibility of Beryllium is being burned and shouldn't all firefighters have the proper equipment (SCBA gear and Haz-Mat suits) to keep themselves safe from toxic Beryllium vapors?

According to the National Jewish Health Reference Laboratories (NJHCRL) it can sometimes be difficult to diagnose Chronic Beryllium Disease (CBD).  A normal blood test result (where all values are equal or below the cutoff value of 2.5 in response to antigens) still does not exclude the diagnosis of Chronic Beryllium Disease.  They recommend a Beryllium lymphocyte transformation test using bronchoalveolar lavage lymphocytes.  Other doctors interviewed said that a tissue sample from the lung is the only real definitive test for Chronic Beryllium Disease.  Exposure to even a small amount of Beryllium in a vapor dust or particle form can be deadly toxic depending on the individual, according to the National Jewish Health website.

When misdiagnosed as Sarcoidosis and treated for that disease in error, irreparable harm can be done if the person really has Chronic Beryllium Disease.  

Freelance Investigations spoke to the law clerk in the chambers of Judge Alvin Hellerstein to ask if any of the attorneys or doctors trying to hash out a settlement had ever considered beryllium exposure to explain many unexplained symptoms that the workers have exhibited.  The law clerk declined to comment.  No one at the WTC site has been tested for the disease even though the symptoms match some of the sick workers.

Chronic Beryllium Disease and Beryllium Sensitivity Disease symptoms include but are not limited to:  rashes, dermatitis, conjunctivitis and eye ulcers, enlarged heart, kidney problems and chronic sinusitis.  If Beryllium in dust, vapor or particle form is introduced through the skin by a cut or puncture, non-healing ulcers may develop with target organs being; lungs, mucous membranes eyes and skin .

                                                    ( Genium Publishing Corporation-Beryllium Metal/Powder)

Beryllium production was halted by Brush Wellman, the nation’s largest producer of Beryllium, in 2000 primarily due to economic and occupational and health reasons according to William Greenwalt, the Deputy Under Secretary of Defense (Industrial Policy) for the United States.

Beryllium use in Europe is strictly limited and regulated by CERN, their nuclear regulatory agency which was already limiting future use and production for safety and health reasons as far back as 1985.

Beryllium production in the United States will continue unimpeded however.  Thanks to the need by the Department of Defense for the military and aerospace applications, a brand new facility was scheduled to open in Elmore, Ohio last month.

In testimony before the U.S.- China Economic and Security Review Commission regarding China’s Proliferation and the Impact of Trade Policy on Defense Industries in the United States and China dated July 13, 2007,  Greenwalt noted:

When absolutely necessary, the Department of Defense can intervene directly in the marketplace to create or expand domestic production capabilities as necessary to meet military requirements.  The department is doing so now to ensure it will continue to have access to high purity Beryllium metal.  Because of its’ unique properties (including high stiffness and strength to weight ratios, thermal conductivity and reflectivity to infrared wavelength) high purity Beryllium metal and its primary high Beryllium content alloy (Aluminum-Beryllium metal matrix composite or AlBeMet) have wide ranging defense applications including in sensors, structures and components in missiles, satellites, fighter and rotary aircraft and nuclear weapons.  Brush Wellman is the only Beryllium metal producer worldwide that can meet the Beryllium quality requirements of the highest purity defense and essential civilian applications. However, Brush Wellman mothballed its 40 year-old primary Beryllium metal production facility in October 2000 for economic and occupational health reasons.   Since then, Brush Wellman has relied on Beryllium cast ingot from the inventories of the National Defense Stockpile at the Defense Logistics Agency for the highest purity Beryllium material applications; and on less pure Beryllium metal acquired from Kazakhstan for production of AlBeMet.  To rectify this situation, the Department initiated a Defense Production Act Title III project jointly funded with Brush Wellman the design and construction of a new Beryllium metal production facility, scheduled for completion in 2010.

People who worked at Department of Energy facilities from the 1940’s to the present who were exposed to Beryllium, like Brookhaven National Laboratory and the former Hicksville-Sylvania Corning Plant are eligible for free medical care, testing and possible compensation (up to $400 thousand dollars per person) under the Energy Employees Occupational Illness Compensation Program Act. (EEOICPA)

            DOE EMPLOYEES COVERED:  DOD EMPLOYEES ARE NOT...WHY NOT?

One big problem is that a person who stood next to the DOE employee at the same job, who was actually a Department of Defense worker, that person is not covered by the EEOICPA.  Why does the same level of toxic exposure have different levels of help for American workers?  Why are DOE workers covered for toxic exposure to Beryllium and not DOD workers at the same spot doing the same job?  One answer might be the astronomical costs associated with covering everyone.  So far the EEOICPA has paid out over 5.5 Billion dollars to EEOICPA claimants since 2001 when the law was enacted by President Clinton, that despite that fact that the Department of Labor has done a limited job of notification to DOE employees.  The Department of Labor claims they notified the employers and depended upon them to provide lists of employees to notify of benefits available to those exposed.  Many companies refused to supply the lists and to this day thousands of workers who could and should receive medical testing and care don’t have any idea it is available for them.

Sean Riordan, the attorney for the Fealgood Foundation declined to answer when asked if the first responders may have been misdiagnosed with Sarcoidosis noting he does not  have medical credentials.   He did say "I really want the bottom line truth and if Beryllium is the cause, then we should treat them for what it is. I want all the elements investigated and if it is Beryllium exposure then lets find out and not treat them for Sarcoidosis if that is not the cause."

If the World Trade Center first responders were exposed to Beryllium then shouldn't they be eligible under NIOSH for free screenings and medical treatment?  If the World Trade Center is considered a Department of Energy Facility or a subcontractor of a DOE Facility, then wouldn't any and all first responders fall under this federal financial umbrella?   This remains to be seen.