Relevance of radiation compensation litigation to compensation for toxic exposures

Several recent court decisions add to the growing body of law concerning the responsibility of Government in radiation matters and the quantum of proof needed to show causation between radiation exposures and certain types of cancer and leukemia. The courts have also been addressing a wide range of compensation claims for exposures to toxic chemicals with demonstration of causation being a particularly difficult task. Meanwhile, the Congress has been attempting to legislate a far reaching administrative and judicial framework for compensating toxic victims, including an easing of burden-of-proof requirements for demonstrating causation and a broadening of the basis for admissibility of scientific evidence. Drawing parallels between radiation and toxic exposure problems can be both instructive and misleading. Some of the technical issues are quite similar, including the importance of person-specific exposure estimates and of epidemiological studies. However, the uncertainties associated with toxic exposures are usually far greater, and the scientific data base for relating exposures and effects is much more uncertain.     

Characterization of microbial communities from coastal waters using microarrays

Molecular methods, including DNA probes, were used to identify and enumerate pathogenic Vibrio species in the Chesapeake Bay; our data indicated that Vibrio vulnificus exhibits seasonal fluctuations in number. Our work included a characterization of total microbial communities from the Bay; development of microarrays that identify and quantify the diversity of those communities; and observation of temporal changes in those communities. To identify members of the microbial community, we amplified the 16S rDNA gene from community DNA isolated from a biofilm sample collected from the Chesapeake Bay in February, 2000. The resultant 75 sequences were 95% or more similar to 7 species including two recently described Shewanella species, baltica and frigidimarina, that have not been previously isolated from the Chesapeake. When the genera of bacteria from biofilm after culturing are compared to those detected by subcloning amplified 16S fragments from community DNA, the cultured sample exhibited a strong bias. In oysters collected in February, the most common bacteria were previously unknown. Based on our 16S findings, we are developing microarrays to detect these and other microbial species in these estuarine communities. The microarrays will detect each species using four distinct loci, with the multiple loci serving as an internal control. The accuracy of the microarray will be measured using sentinel species such as Aeromonas species, Escherichia coli, and Vibrio vulnificus. Using microarrays, it should be possible to determine the annual fluctuations of bacterial species (culturable and non-culturable, pathogenic and non-pathogenic). The data may be applied to understanding patterns of environmental change; assessing the health of the Bay; and evaluating the risk of human illness associated with exposure to and ingestion of water and shellfish.     

The conversion of chicken manure to biooil by fast pyrolysis I. Analyses of chicken manure,biooils and char by 13C and 1H NMR and FTIR spectrophotometry

Fast pyrolysis of chicken manure produced two biooils (Fractions I and II) and a residual char. All four materials were analyzed by chemical methods, ¹³C and 1H Nuclear Magnetic Resonance Spectrometry (¹³C and 1H NMR), and Fourier Transform Infrared Spectrosphotometry (FTIR). The char showed the highest C content and the highest aromaticity. Of the two biooils Fraction II was higher in C, yield and calorific value but lower in N than Fraction I. The S and ash content of the two biooil fractions were low. The Cross Polarization Magic Angle Spinning (CP-MAS) ¹³C NMR spectrum of the initial chicken manure showed it to be rich in cellulose, which was a major component of sawdust used as bedding material. Nuclear Magnetic Resonance (NMR) spectra of the two biooils indicated that Fraction I was less aromatic than Fraction II. Among the aromatics in the two biooils, we were able to tentatively identify N-heterocyclics like indoles, pyridines, and pyrazines. FTIR spectra were generally in agreement with the NMR data. FTIR spectra of both biooils showed the presence of both primary and secondary amides and primary amines as well as N-heterocyclics such as pyridines, quinolines, and pyrimidines. The FTIR spectrum of the char resembled that of the initial chicken manure except that the concentration of carbohydrates was lower.     

Validation of the Digital Opacity Compliance System under Regulatory Enforcement Conditions

Abstract

U.S. Environmental Protection Agency (EPA) Emission Measurement Center in conjunction with EPA Regions VI and VIII, the state of Utah, and the U.S. Department of Defense have conducted a series of long-term pilot and field tests to determine the accuracy and reliability of a visible opacity monitoring system consisting of a conventional digital camera and a separate computer software application for plume opacity determination. This technology, known as the Digital Opacity Compliance System (DOCS), has been successfully demonstrated at EPA-sponsored Method-9 “smoke schools,” as well as at a number of government and commercially operated industrial facilities.

Results from the current DOCS regulatory pilot study demonstrated that, under regulatory enforcement conditions, the average difference in opacity measurement between the DOCS technology and EPA Reference Method 9 (Method 9) was 1.12%. This opacity difference, which was computed from the evaluation of 241 regulated air sources, was found to be statistically significant at the 99% confidence level. In evaluating only those sources for which a nonzero visible opacity level was recorded, the average difference in opacity measurement between the DOCS technology and Method 9 was 1.20%. These results suggest that the two opacity measurement methods are essentially equivalent when measuring the opacity of visible emissions.

Given the costs and technical limitations associated with use of Method 9, there is a recognized need to develop accurate, reproducible, and scientifically defensible alternatives to the use of human observers. The use of digital imaging/processing brings current technology to bear on this important regulatory issue. Digital technology offers increased accuracy, a permanent record of measurement events, lower costs, and a scientifically defensible approach for opacity determination.     

Reconstructions of Soil Moisture for the Upper Colorado River Basin Using Tree‐Ring Chronologies1

Anderson, SallyRose, Glenn Tootle, and Henri Grissino‐Mayer, 2012. Reconstructions of Soil Moisture for the Upper Colorado River Basin Using Tree‐Ring Chronologies. Journal of the American Water Resources Association (JAWRA) 48(4): 849‐858. DOI: 10.1111/j.1752‐1688.2012.00651.x Abstract: Soil moisture is an important factor in the global hydrologic cycle, but existing reconstructions of historic soil moisture are limited. We used tree‐ring chronologies to reconstruct annual soil moisture in the Upper Colorado River Basin (UCRB). Gridded soil moisture data were spatially regionalized using principal components analysis and k‐nearest neighbor techniques. We correlated moisture sensitive tree‐ring chronologies in and adjacent to the UCRB with regional soil moisture and tested the relationships for temporal stability. Chronologies that were positively correlated and stable for the calibration period were retained. We used stepwise linear regression to identify the best predictor combinations for each soil moisture region. The regressions explained 42‐78% of the variability in soil moisture data. We performed reconstructions for individual soil moisture grid cells to enhance understanding of the disparity in reconstructive skill across the regions. Reconstructions that used chronologies based on ponderosa pines (Pinus ponderosa) and pinyon pines (Pinus edulis) explained more variance in the datasets. Reconstructed soil moisture data was standardized and compared with standardized reconstructed streamflow and snow water equivalent data from the same region. Soil moisture and other hydrologic variables were highly correlated, indicating reconstructions of soil moisture in the UCRB using tree‐ring chronologies successfully represent hydrologic trends.     

A Question of Boundaries: The Importance of “Revenuesheds” for Watershed Protection1

Patterson, Lauren A., Jeffrey Hughes, Glenn Barnes, and Stacey I. Berahzer, 2012. A Question of Boundaries: The Importance of “Revenuesheds” for Watershed Protection. Journal of the American Water Resources Association (JAWRA) 48(4): 838‐848. DOI: 10.1111/j.1752‐1688.2012.00655.x Abstract: Watersheds transcend jurisdictional boundaries; raising important questions of who should pay for watershed protection, and how can watershed governance be funded? The responsibility and cost for watershed protection has progressively devolved to local governments, resulting in additional negative externalities and financing challenges. Watershed governance structures have formed at the scale of the watershed, but they often lack the financing mechanisms needed to achieve policy goals. Financing mechanisms via local governments provide a reliable source of revenue and the flexibility to address watershed specific issues. We develop a “revenueshed” approach to access the initial challenges local governments face when seeking to finance trans‐jurisdictional watershed governance. The revenueshed approach engages local governments into discussion and implementation of financial strategies for collaborative watershed governance. Legislation places water quality regulations primarily on local governments inside the watershed. The revenueshed approach extends the financial and stewardship discussion to include local governments outside the watershed that benefit from the watershed. We applied the revenueshed approach to the Mills River and Upper Neuse watersheds in North Carolina. Mills River had a partnership governance seeking revenue for specific projects, whereas the Upper Neuse sought long‐term financial stability to meet new water quality legislation.     

Life cycle cost evaluation of the digital opacity compliance system

The US Environmental Protection Agency (EPA) has established EPA Reference Method 9 (Method 9) as the preferred enforcement approach for verifying compliance with federal visible opacity standards. While Method 9 has an extensive history of successful employment, reliance on human observers to quantify visible emissions is inherently subjective, a characteristic that exposes Method 9 results to claims of inaccuracy, bias and, in some cases, outright fraud.The Digital Opacity Compliance System (DOCS), which employs commercial-off-the-shelf digital photography coupled with simple computer processing, is a new approach for quantifying visible opacity. The DOCS technology has been previously demonstrated to meet and, in many cases, surpass the Method 9 accuracy and reliability standards (McFarland et al., 2006). Beyond its performance relative to Method 9, DOCS provides a permanent visual record of opacity, a vital feature in legal compliance challenges.In recent DOCS field testing, the opacity analysis of two hundred and forty one (241) regulated air emissions from the following industrial processes: 1) industrial scrubbers, 2) emergency generators, 3) asphalt paving, 4) steel production and 5) incineration indicated that Method 9 and DOCS were statistically equivalent at the 99% confidence level. However, a life cycle cost analysis demonstrated that implementation of DOCS could potentially save a facility $15,732 per trained opacity observer compared to utilization of Method 9.     

Hamburgers and the Rainforest – a Review of Issues and Evidence

This paper examines the relationship between North American beef consumption and deforestation in South and Central America. Some writers have argued that consumption of hamburgers in North America, particularly hamburgers consumed in fast food restaurants, contributes to the depletion of the rainforest in South and Central America. We survey the published policy literature on the causes of rainforest depletion in the region. We also review the published estimates of the rate and extent of clearing of rainforest that has occurred in South and Central America since 1970. Finally, we review the data on beef imports and consumption in Canada and the United States in a effort to assess the importance of South and Central America as suppliers of beef to the North American market. We conclude that the relationship between beef consumption in North America should not be considered an important cause of forest depletion in South and Central America. Domestic policies and market forces in the countries where rainforests are located are the leading causes of rainforest depletion in this region. This lesson seems to have been lost on some popular and even some textbook writers on this subject. This revised version was published online in August 2006 with corrections to the Cover Date.     

Treatment of risk in environmental impact assessment

Risk assessment and environmental impact assessment have developed as separate traditions. While environmental impact assessment is a broad field that includes all activities that attempt to analyze and evaluate the effects of human and related actions on the environment, risk assessment has been concerned with the relatively well-defined regulatory problems and employs formal quantitative analysis of the probability of specific undesired events, such as cancer. Risk analytic approaches, particularly the explicit treatment of uncertainty, can significantly contribute to environmental assessments. This article discusses the type and sources of uncertainty in environmental assessments, techniques for their quantification, and ways to use uncertainty estimates to calculate probabilities of effects or probabilities of exceeding environmental standards and to determine the need for mitigation or additional research.This article was presented at the International Institute of Applied Systems Analysis, Task Force Meeting on Risk and Policy Analysis under Conditions of Uncertainty, Laxenburg, Austria, November 1985.