Quality Science in the Courtroom: U.S. EPA Data Quality and Peer Review Policies and Procedures Compared to the Daubert Factors

Protection of the environment is critically dependent on the quality of data used in decision making. Whether the decisions are part of the scientific process or relate to application of the laws governing people and their living conditions, good quality data are required/needed by two disciplines with distinct differences. This paper examines some differences between science and the law, provides a brief history of science in law, discusses the effects of law on science, compares United States Environmental Protection Agency (U.S. EPA) guidance and U.S. Supreme Court credible science criteria. This paper further speculates on the future use of science data by the courts.     

Determination of U, Pu and Am isotopes in Irish Sea sediment by a combination of AMS and radiometric methods

Samples from a marine sediment core from the Irish Sea (54.416 N, 3.563 W) were analyzed for the isotopic composition of uranium, plutonium and americium by a combination of radiometric methods and AMS. The radiochemical procedure consisted of a Pu separation step by anion exchange, subsequent U separation by extraction chromatography using UTEVA^® and finally Am separation with TRU^® Resin.Additionally to radiometric determination of these isotopes by alpha spectrometry, the separated samples were also used for the determination of ²³⁶U/²³⁸U and plutonium isotope ratios by Accelerator Mass Spectrometry (AMS) at the VERA facility.     

Evaluating the best available social science for natural resource management decision-making

Increasing recognition of the human dimensions of natural resource management issues, and of social and ecological sustainability and resilience as being inter-related, highlights the importance of applying social science to natural resource management decision-making. Moreover, a number of laws and regulations require natural resource management agencies to consider the “best available science” (BAS) when making decisions, including social science. Yet rarely do these laws and regulations define or identify standards for BAS, and those who have tried to fill the gap have done so from the standpoint of best available natural science. This paper proposes evaluative criteria for best available social science (BASS), explaining why a broader set of criteria than those used for natural science is needed. Although the natural and social sciences share many of the same evaluative criteria for BAS, they also exhibit some differences, especially where qualitative social science is concerned. Thus we argue that the evaluative criteria for BAS should expand to include those associated with diverse social science disciplines, particularly the qualitative social sciences. We provide one example from the USA of how a federal agency − the U.S. Forest Service − has attempted to incorporate BASS in responding to its BAS mandate associated with the national forest planning process, drawing on different types of scientific information and in light of these criteria. Greater attention to including BASS in natural resource management decision-making can contribute to better, more equitable, and more defensible management decisions and policies.     

美国洛杉矶空气管理经验分析

过去35年间,洛杉矶的经济和人口持续增长、城市扩张,但是洛杉矶的空气污染水平得到了下降,在达到加利福利亚州和《清洁空气法》所规定的大气质量总体目标方面,有了长足的进步.期间起到重大作用的因素包括:①固定污染源和移动污染源气体污染物排放的控制技术和企业实践的巨大进步.②联邦、州和地区的清洁空气政策的发展.③强有力的专门负责清洁空气政策的监督和执行行政机构的设立.④公众压力.⑤从信任政府运用命令与控制手段到利用激励手段和市场手段完成许多政策目标(包括空气污染控制)的变革.同时,该地区的人口还在持续增长,经济继续繁荣扩张,意味着将产生更多的空气污染物,尤其是来自移动污染源的污染物.另外,在公众不太支持加强政府力量或增加税收的形势下,要求政策制定者解决空气污染的问题或大幅度改变洛杉矶居民的生活方式.     

Status of Aquatic Bioassessment in U.S. EPA Region IX

U.S. EPA Region IX is supporting bioassessment programs in Arizona, California, Hawaii and Nevada using biocriteria program and Regional Environmental Monitoring and Assessment Program (R-EMAP) resources. These programs are designed to improve the state, tribal and regional ability to determine the status of water quality. Biocriteria program funds were used to coordinate with Arizona, California and Hawaii which resulted in these states establishing reference conditions and in developing biological indices. U.S. EPA Region IX has initiated R-EMAP projects in California and Nevada. These U.S. EPA Region IX sponsored programs have provided an opportunity to interact with the States and provide them with technical and management support. In Arizona, several projects are being conducted to develop the State's bioassessment program. These include the development of a rotational random monitoring program; a regional reference approach for macroinvertebrate bioassessments; ecoregion approach to testing and adoption of an alternate regional classification system; and development of warm-water and cold-water indices of biological integrity. The indices are projected to be used in the Arizona Department of Environmental Quality (ADEQ) 2000 water quality assessment report. In California, an Index of Biological Integrity (IBI) has been developed for the Russian River Watershed using resources from U.S. EPA's Non-point Source (NPS) Program grants. A regional IBI is under development for certain water bodies in the San Diego Regional Water Quality Control Board. Resources from the U.S. EPA Biocriteria program are being used to support the California Aquatic Bioassessment Workgroup (CABW) in conjunction with the California Department of Fish & Game (CDFG), and to support the Hawaii Department of Health (DoH) Bioassessment Program to refine biological metrics. In Nevada, R-EMAP resources are being used to create a baseline of aquatic information for the Humboldt River watershed. U.S. EPA Region IX is presently working with the Nevada Division of Environmental Protection (NDEP) to establish a Nevada Aquatic Bioassessment Workgroup. Future R-EMAP studies will occur in the Calleguas Creek watershed in Southern California, and in the Muddy and Virgin River watersheds in southern Nevada, and the Walker River watershed in eastern California and west-central Nevada.     

Employee reactivity and adaptation to observation on the job

In the course of studying police dispatchers, five observers recorded the reactions of the employees (N = 37) to their presence throughout the work shift on three separate occasions. Four major research questions were considered: (a) extent of reaction, (b) relationship between interactions with the observer and changes in employees' work activities, (c) independence of verbal and nonverbal behavioral reactions, and (d) adaptation. On average, subjects or other employees initiated 10 interactions per hour with observers. These interactions were classified as subject-initiated (a) verbal, content related to research procedures; (b) verbal, non-research-related in content; (c) nonverbal only or (d) other employee-initiated verbal comment. Interaction with the observer was not related to the amount of work the subject did. Subjects' nonverbal and verbal responses were unrelated to each other as well as to the verbal responses of other employees. A priori expectations concerning adaptation to observation were tested with a 3 × 3 (segment by day) repeated-measures factorial design. Significant adaptation (P < 0·01) occurred within and between days in subjects' comments about research procedures and all comments from other employees. However, other behaviors showed with no evidence of adaptation or actual increases. The implications of these findings for measuring reactivity and deciding when adaptation has occurred are discussed.     

An investigation on biological stability of product water generated by lab-scale and pilot-scale distillation systems

Material Disposal Area G is the primary low-levelradioactive waste disposal site at Los Alamos NationalLaboratory, New Mexico, and is adjacent to Pueblo of SanIldefonso lands. Pueblo residents and Los Alamos scientists areconcerned about radiological doses resulting from uptake of AreaG radionuclides by mule deer (Odocoileus hemionus) andRocky Mountain elk (Cervus elaphus), then consumption ofdeer and elk meat by humans. Tissue samples were collected fromdeer and elk accidentally killed near Area G and were analyzedfor ³H, ⁹⁰Sr, total U, ²³⁸Pu, ^{239, 240}Pu,²⁴¹Am, and ¹³⁷Cs. These data were used to estimatehuman doses based on meat consumption of 23 kg y^-1. Humandoses were also modeled using RESRAD, and dose rates to deer andelk were estimated with a screening model. Dose estimates tohumans from tissue consumption were 2.9 × 10^-3 mSv y^-1and 1.6 × 10^-3 mSv y^-1 from deer and elk, respectively,and RESRAD dose estimates were of the same order of magnitude. Estimated dose rates to deer and elk were 2.1 × 10^-4 mGyd^-1 and 4.7 × 10^-4 mGy d^-1, respectively. Allestimated doses were significantly less than established exposurelimits or guidelines.     

Incidence of stress in benthic communities along the U.S. Atlantic and Gulf of Mexico coasts within different ranges of sediment contamination from chemical mixtures

Synoptic data on concentrations of sediment-associated chemical contaminants and benthic macroinfaunal community structure were collected from 1,389 stations in estuaries along the U.S. Atlantic and Gulf of Mexico coasts as part of the nationwide Environmental Monitoring and Assessment Program (EMAP). These data were used to develop an empirical framework for evaluating risks of benthic community-level effects within different ranges of sediment contamination from mixtures of multiple chemicals present at varying concentrations. Sediment contamination was expressed as the mean ratio of individual chemical concentrations relative to corresponding sediment quality guidelines (SQGs), including Effects Range-Median (ERM) and Probable Effects Level (PEL) values. Benthic condition was assessed using diagnostic, multi-metric indices developed for each of three EMAP provinces (Virginian, Carolinian, and Louisianian). Cumulative percentages of stations with a degraded benthic community were plotted against ascending values of the mean ERM and PEL quotients. Based on the observed relationships, mean SQG quotients were divided into four ranges corresponding to either a low, moderate, high, or very high incidence of degraded benthic condition. Results showed that condition of the ambient benthic community provides a reliable and sensitive indicator for evaluating the biological significance of sediment-associated stressors. Mean SQG quotients marking the beginning of the contaminant range associated with the highest incidence of benthic impacts (73–100% of samples, depending on the province and type of SQG) were well below those linked to high risks of sediment toxicity as determined by short-term toxicity tests with single species. Measures of the ambient benthic community reflect the sensitivities of multiple species and life stages to persistent exposures under actual field conditions. Similar results were obtained with preliminary data from the west coast (Puget Sound).     

高精度热电离质谱定年及其对第四纪环境研究的意义

用高精度、高灵敏度不平衡铀系热电离质谱 (TIMS)法测定第四纪地质年龄 ,并已在古气候、古环境、古海洋、考古学以及近代活动火山作用的研究中取得了一系列重要成果。本文介绍了我们用MAT -2 62质谱仪对石笋、珊瑚进行测试并取得比较满意结果的情况。