ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING

MINUTES OF THE meeting

of the

ASSEMBLY Committee on Natural Resources, Agriculture, and Mining

Seventy-First Session

February 13, 2001

The Committee on Natural Resources, Agriculture, and Miningwas called to order at 1:18 p.m., on Tuesday, February 13, 2001. Chairman Marcia de Braga presided in Room 1214 of the Legislative Building, Carson City, Nevada. As there was no quorum present, Chairwoman de Braga convened the meeting as a sub-committee of Natural Resources, Agriculture and Mining, and Health and Human Services. Exhibit A is the Agenda. Exhibit B is the Guest List. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Mrs. Marcia de Braga, Chairman

Mr. Tom Collins, Vice Chairman

Mr. Douglas Bache

Mr. David Brown

Mr. John Carpenter

Mr. Jerry Claborn

Mr. David Humke

Mr. Harry Mortenson

Mr. Roy Neighbors

COMMITTEE MEMBERS ABSENT:

Mr. John J. Lee

Mr. John Marvel

Ms. Genie Ohrenschall

GUEST LEGISLATORS PRESENT:

Assemblywoman Sharon Angle, Assembly District 29

Assemblywoman Dawn Gibbons, Assembly District 25

Assemblywoman Ellen Koivisto, Assembly District 14

Assemblywoman Sheila Leslie, Assembly District 27

Assemblywoman Kathy McClain, Assembly District 15

Assemblywoman Bonnie Parnell, Assembly District 40

Assemblywoman Debbie Smith, Assembly District 30

STAFF MEMBERS PRESENT:

Linda Eissmann, Committee Policy Analyst

June Rigsby, Committee Secretary

OTHERS PRESENT:

Captain D. A. “Roy” Rogers, Commanding Officer, Naval Air Station Fallon

Charles Moses, Environmental Scientist, Nevada Department of Agriculture

Mike Wargo, District Manager, Churchill County Mosquito and Weed Abatement District

Ken Tedford, Mayor, City of Fallon

Mike Mackedon, City Attorney, Fallon

Dr. Donald D. Runnells, Senior Technical Advisor, Shepherd Miller, Inc.

H. Robert Meyer, Senior Scientist, Shepherd Miller, Inc.

Bjorn P. Selinder, County Manager, Churchill County

Norman Frey, Commissioner, Churchill County

Gwen Washburn, County Commissioner

Dr. Bonnie Eberhardt Bobb, representing the Western Shoshone Nation

Leuren Moret, representing Scientists for Indigenous People

Keith Weaver, a long-term resident of Fallon

This meeting continued the hearings from February 12, 2001, and was the second part in a three-part series. Chairwoman de Braga requested that committee members and agency representatives write down recommendations to be included in the final report to the Congressional committee hearings to be held at a future date. A work session was planned for February 21 during which no testimony would be taken unless an expert was available, but final recommendations for any legislation would be made.

Captain David Rogers, Commanding Officer of Naval Air Station (NAS), Fallon, Nevada, opened the hearing by reading a statement (Exhibit C) that gave an overview of the history and operations of the base since 1942, and issues which pertained to the investigation of the leukemia cluster.

Chairwoman de Braga asked Captain Rogers to explain a little about the pipeline that brought fuel to the base, the route it took, who owned it and who was responsible for monitoring it.

Captain Rogers explained that the pipeline was owned and monitored by Kinder Morgan Co. of Sparks, Nevada; specifically, it was tank 16. A 6-inch pipe ran 70 miles along I-80, then through Churchill County to the base. NAS assumed responsibility for the fuel when it was on the base. Captain Rogers stated that Kinder Morgan had an extensive monitoring program for leakage in the pipeline, which included pressure differential testing in the pipe and testing of the soils around the pipe. Kinder Morgan had not found any significant problems. Additionally, air and water sampling done on the base had not indicated any leakage problems.

Assemblywoman McClain asked if any planes came back to Fallon from “Desert Storm” and if there had been any way contaminants could have come back with them. She wondered if the cause of the leukemia problems could be airborne and asked if any investigations had been done to see if that was a possibility.

Captain Rogers replied the airplanes that participated in “Desert Storm” and “Desert Shield” action were not based at Fallon. There was probably a one-and-a-half to two-year time lag before any of those aircraft came to Fallon for training. The Navy had not investigated the possibility of contamination and submitted that it probably was not warranted.

Assemblywoman Smith inquired if the Navy was doing any follow-up with families that had been in Fallon during this time period to ascertain if they were included in this study.

According to Captain Rogers, the Navy medical community was investigating whether any families which were no longer based at NAS Fallon had cases of acute lymphocytic leukemia (ALL) occur since their departure. This investigation would be completed by the beginning of March. To date, the study was about 60 percent completed and none had been found.

Assemblywoman Smith asked if the fuel-handling procedures included the dumping of jet fuel, or if there had been a particular precautionary measure that was covered in the fuel handling.

In response, Captain Rogers declared, generally fuel handling had many aspects: refueling of aircraft, clean-up of fuel spills which happened either as the airplanes were refueling or if the fuel inadvertently was jettisoned overboard on the ground, and in-the-air fuel dumping above 6000 feet of ground level.

There was an extensive spill containment program; the amount that was spilled was handled in various ways based on the size of the spill. If on concrete, it was cleaned with absorbent materials that were disposed of in accordance with hazardous materials instructions. If the spill was on soil, the soil was excavated and burned. The total number of spills was insignificant in terms of the amount. Captain Rogers offered to provide those figures if they were requested.

Captain Rogers continued, the only reason to jettison fuel over land would be during an emergency when the plane must be reduced to landing weight in order to land. The total number of times this had occurred was perhaps 3 times in the past 15 years. In all three cases, the fuel was jettisoned out to the east of the base. As evidenced in the monitoring, the contaminants moved to the east out of the base area.

Chairwoman de Braga stated that as she read the articles in the newspaper, she noted a comment that “they regularly see dumping” and asked what might have been seen.

Captain Rogers submitted that probably these were contrails, an action between the exhaust product from the airplane and the water vapor in the air which created a cloud that could appear like fuel. He acknowledged the exhaust from the aircraft smelled like fuel.

Chairwoman de Braga asked if something had changed in recent years regarding the dumping at 6,000 feet rather than the 6,000 meters minimum standard of the federal government.

Captain Rogers replied that the Department of Defense (DOD) regulation is 6,000 feet above ground, unless it was a true emergency.

Chairwoman de Braga, to clarify, stated perhaps it was not a requirement but that above 6,000 meters was estimated to be the proper range above which fuel dissipated or evaporated before it hit the ground.

Captain Rogers agreed but continued that there had been further study. Six thousand feet was the DOD standard until the introduction of JP8 jet fuel. JP8 did not disseminate as well as the JP4 and JP5 that were previously used by the Navy. The Navy and the Air Force were investigating a higher dump altitude. He affirmed that any fuel that did not dissipate in the air would do so on the ground within 18 to 20 hours.

Assemblywoman Gibbons asked, as 1,800 people lived on base and 6,400 personnel resided off the base, were the two military children diagnosed with ALL living on or off the base? And, was there data to compare a base similar to Fallon, and were there any acute lymphocytic leukemia cases on those bases?

Captain Rogers answered the first question by stating he was unaware of where the children lived. Regardless, the water came from the same aquifer. As for the second question, the Navy had done no comparison of ALL rates in Fallon and other military areas. The military medical community was “all over this one” and if there had been another area with this same rate, that would show up in the investigations.

Assemblywoman Gibbons asked how many of the 8,200 are children. Captain Rogers offered to get the exact number, but estimated it was around a thousand.

Assemblyman Neighbors said that he had seen much of the aluminum foil chaff that was dropped out of the aircraft in the desert and asked if everyone was comfortable that it was not a problem.

Captain Rogers defended that chaff was expended on the range considerably east of the town and any chaff migration would tend to drift further east with the prevailing wind. He explained that a select panel of research scientists from eight universities studied the harmful effects of chaff and concluded that there were none. Chaff was a litter issue, not a health issue. The total amount expended at Fallon equated to one quarter of one ounce per acre per year. This was an amount that the Navy was willing to use in the name of combat training. Captain Rogers further affirmed that the combat training done with chaff was essential because it was an end game maneuver that could save a pilot’s life if a missile was shot at him. Without that three-dimensional training, people would die in combat.

Assemblywoman Parnell assumed that NAS Fallon had material safety data sheets (MSDS) for toxic wastes and chemicals that they used, and asked if the Health Division had seen them.

Captain Rogers acknowledged the base had that information but was unaware if the Health Division had looked at it.

Ms. Parnell requested to know that the Health Division did have that information in their possession. Ms. Parnell pointed out that in her packet of information she had a 1999 article from the Las Vegas Sun regarding the citation of the U.S. Navy by the U.S. EPA for noncompliance and violations of hazardous chemicals that were noted two years prior to 1999. She requested to know the current status of compliance.

Captain Rogers claimed the article, as it appeared in the paper, was “not exactly factual.” He believed that Mr. Liebendorfer of the State Division of Environmental Protection was aware of the situation and testified on February 12 that the base was in compliance, and what was reported on was a difference of opinion between the state and the base regarding the interpretation of the regulation. That had been resolved.

Assemblywoman Leslie questioned whether the live or spent ordinance on bombing ranges Bravo 20 and Bravo 16 was swept up and discarded, and did this debris have any possible connection to the problem? This range scrap was extensive on the four ranges, Captain Rogers admitted. There were times during the year when it was swept into large piles until portions were removed. Scientists determined that contamination from range scrap piled on-site in these dry alkaline lakebeds was not an issue. Any migration of contaminants would tend to move eastwards.

Ms. Leslie asked if this was checked once or regularly every year. According to Captain Rogers, the DOD Inspector General prepared a report about this and regular testing of the environment was conducted.

Ms. Leslie’s second question regarded the reaction of the families of the military. She wished to know if they had asked the Navy for help which had not been touched on in this hearing. The Captain replied this was an emotional issue. The base had held town meetings. He affirmed that the Navy did not feel that Fallon was an unsafe place to live nor that this situation warranted moving families out of the area.

Ms. Leslie asked if the community accepted this or were some asking for transfers out of the area. Captain Rogers believed that the majority accepted this. Just a couple of people asked informally if they could transfer but the Navy would not entertain that until they had been convinced there was a problem. The San Diego-based Navy Environmental Health Command was intimately involved with the investigation and were as concerned as the local civilian community. The Navy was doing everything possible to determine a solution. He continued that if the DOD felt there was an immediate threat, “they would pull out.”

Assemblywoman Gibbons questioned whether he knew of any commonality between the two cases with military children and the other nine cases in the civilian community. The only answer Captain Rogers said he could offer was there was nothing that was a common trait. The lifestyles and activities were varied.

Assemblywoman de Braga returned to the pipeline issue asking if the Navy could detect small leakages on the base. Captain Rogers guessed that would depend on the definition of “small” leakages.

Ms. de Braga restated her question to inquire if the pipeline could be leaking in such small amounts that it would not be detected anywhere along its route. Captain Rogers acknowledged that a minute amount of fuel would be detected in any water source. If fuel leaked from the pipeline, he said, the “very aggressive” water testing program would detect it. Ground testing was also done. The results of the testing were reported to him and to state and federal agencies that oversaw the base water quality program. He further explained that Kinder Morgan Co. was obligated to inform NAS Fallon if a problem was detected on the pipeline anywhere off base. The base received the results of their testing but Captain Rogers did not “know specifically if there’s a requirement for them to do that or not.” He would get that information for Chairwoman de Braga.

Ms. de Braga stated that she wanted to be certain that enough precautions were in place. She did not feel that there was “a lot” of ground testing being done, but there was quite a bit of water testing. She questioned again what the Navy was proactively doing differently to help in this effort; e.g., studies, tests, or other possible environmental causes.

Captain Rogers told the committee that the Navy was more sensitive to the environmental issues on base. NAS Fallon, he said, had much pride in the environmental programs he outlined previously (Exhibit C). He felt the Navy had a good relationship with the state and federal agencies which monitored the activities. Captain Rogers revealed that he had a task force on base that assisted with the investigation.

Ms. de Braga asked if the state had the authority to test on base. The DOD and the Navy would give permission if necessary, Captain Rogers replied.

Assemblywoman Koivisto asked Captain Rogers about the by-products in contrails that people were breathing. He responded that the exhaust of a jet airplane was similar to that of a motor vehicle. Contrails were essentially water vapor, not a hazardous substance.

Ms. Koivisto stated that since automobile emissions were controlled because of health effects on the population, she found it difficult to believe that a jet airplane did not have as much exhaust as automobiles. Captain Rogers replied that it had a similar composition and offered to get that information for her. He continued that obviously there is a larger amount than a car but state and federal regulations controlled their air permits.

The next speaker, Charles Moses, an Environmental Scientist of the Nevada Department of Agriculture (NDOA), stated that goals of the Environmental Compliance Section (ECS) were to protect health and the human environment from the adverse effects of pesticides and to assure that pesticides remained available as valuable tools in an integrated approach to pest management.

He stated that pesticides were used and regulated in a number of applications, not just associated with agriculture: in ornamental lawns and turf, golf fairways, household and domestic dwellings, fur- and wool-bearing animals, even pets, wood protection, swimming pools and hot tubs, airport landing fields, tennis courts, highway right-of-way, mosquito abatement districts, and many more.

The challenge of regulating pesticides existed, he said, basically because of the dual nature of the products. That is, they were a tremendous benefit for the production of agricultural products and for the protection of human health, but when they were used inappropriately or inconsistently with label directions, they had adverse affects.

Mr. Moses indicated that the state of Nevada had a cooperative agreement with the U.S. Environmental Protection Agency (EPA), that the state received funding and oversight from the agency to regulate pesticide use, manufacturing, sale, distribution and application.

Mr. Moses continued by giving an overview of the regulatory program that enforced the EPA provisions in the state. This defined a pesticide as any substance that made a claim of preventing, destroying or repelling a pest or a substance or mixture of substances used for plant regulators, defoliants and desiccants.

Since the creation of the EPA in 1972, it has been required that all pesticides must be registered. The law was revised in 1996 to eliminate the benefit factors on food crops and in areas where children would be exposed. All pesticides, new and existing, were required to conform to the standards.

Based on the data submitted for pesticide registration, the EPA developed a label that addressed the hazards of using the products. Mr. Moses emphasized that what set a pesticide label apart from other hazardous chemical labels was that this label was the law. An applicator must use this product in accordance with all information that was printed on the label. A signal word “CAUTION” was used on the label for the safest type product to give an indication of how acutely toxic the pesticide was. In other words, with a large dose over a small period of time, the “CAUTION” gave an indication of whether the victim would experience health effects. For this type of product, he claimed, it would take quite a bit to actually cause health effects. However, the signal word would not say how chronically hazardous this product was, used over an extended period of time.

Lastly, Mr. Moses continued, the EPA gave the state the responsibility of enforcing the pesticide law and the state had to show that it had similar state laws to regulate the sale, manufacturing and use of pesticides (Chapters 555 and 586 of the Nevada Revised Statutes). Commercial applicators and farmers were trained, tested and regulated. The NDOA required all applicators submit reports of customers, sites, products and quantities applied. These reports and data have been acquired since 1970.

Mr. Moses said that the NDOA, as part of the agreement with the EPA, did inspections on federal property and had been to the NAS Fallon airbase to inspect the pest control activities. In most cases, he stated, they found that the Navy contracted with private individuals and licensed companies to do the work. According to Mr. Moses, the Navy asked the contractors “to go above and beyond” what NDOA required, and concluded that they had been cooperative with the Nevada inspectors.

Next, Mr. Moses showed a sample of a sales report which showed who bought restricted-use products. All of this was public information and was available upon request.

Mr. Moses then shifted gears and explained the ground water monitoring program for pesticide residue. In 1988, the EPA found that pesticides existed in low levels in a lot of different areas and in some cases in public drinking supplies and shallow ground water wells. Since then, the EPA has required every state that had a cooperative agreement with them to have a regulatory program designed to protect ground water from becoming more contaminated or becoming contaminated from the applications and use of pesticides.

For a long time, Mr. Moses admitted, it was thought that pesticides could not seep down 150 to 200 feet to water wells. But even with proper application, he said, it had been found that pesticides had properties that may allow them to leach down into ground water. Mr. Moses showed that since the monitoring program was implemented, there had been more detections in urban areas than in rural areas in the ground water sampling.

Mr. Moses distributed a fact sheet (Exhibit D) done with the U.S. Geological Survey (USGS) that explained the monitoring program. In most cases, the wells were constructed by the NDOA to look at the shallowest aquifer they could find. If pesticides were to show up in the shallow wells, there would be time to implement regulatory measures before the pesticides leached to the deeper aquifer.

In Churchill County last year, Mr. Moses further explained, water samples from about 20 wells, many of which were put in by the USGS but some were irrigation wells, were examined for about 40 EPA-registered products. The NDOA did not look for products that the EPA cancelled due to health risks because there would be no regulatory measures that NDOA could take to try to keep the pesticide from getting worse because it was no longer being used. No contamination was found in Churchill County.

In one other item, Mr. Moses showed that the USGS did some studies “in that area” of ground water and surface water samples and did find pesticide residues. The chart he used showed the levels were far below what a health advisory would be for these products. Many of the products leached into the ground water were a result of right-of-way applications. These included Atrazine, Prometon and Simazine. He summarized that most of the cases of leached pesticides were not from agricultural products but from use around homes, lawns and right-of-ways. But they were still quite low, far below health advisory levels.

Lastly, Mr. Moses stated that he had information about studies that he had requested the EPA send him. He declared he would be glad to submit them to the committee because there had been some links to different types of uses where the mothers were working with the chemicals when their children developed leukemia.

Chairwoman de Braga agreed she would very much like to see that information because those gaps might lead the committee somewhere in this investigation. She felt it helped them to know the extent to which the NDOA went to protect people from chemicals. But, she questioned, what could go wrong? The bottom line was that there was not complete regulation because you could not know if a housewife mixed 409 and a non-recommended agent which had fine print on the bottle that nobody read. Maybe education would be the key to this. What she and the committee wanted to know is not what was being done but rather what was missed.

Mr. Moses agreed that one problem they had was assessing the use of pesticides by homeowners. There was data in some of the studies that suggested that there were links.

Mrs. de Braga added that even the people who aerial crop-sprayed, who sprayed your house for spiders or whatever, were they taking the proper precautions? And what about accidents? The problems might have been entirely different from house to house.

Assemblyman Neighbors asked about the ground water level of the 20 wells that were tested in the Churchill County. Mr. Moses believed that the monitoring wells averaged about 40 feet. Drinking water and irrigation wells were much deeper.

Mr. Neighbors stated that, as he recalled, Nevada law said you may put a well and a septic tank on one and a quarter acre. Correct? Mr. Moses was uncertain. Mr. Neighbors ask about the percolation rate and Mr. Moses replied that he did not know.

Ms. de Braga suggested that this was not really his area. Mr. Neighbors said it would be interesting to know because there were areas of Nevada where that had become a problem. Too many nitrates might be in the water. Mr. Moses believed that the Health Division had that data and it could easily be obtained from them.

Assemblywoman Gibbons mentioned that the members of the committee were given maps of the Fallon area that showed where the children with leukemia lived. She asked if there was a map that showed the areas where pesticides were used. Could the rainfall or drought years have had an effect on this? Mr. Moses answered that he could probably come up with a map of the agricultural areas but it would be tougher to do the residential usage areas. They did not know what homeowners were using nor how much.

Ms. de Braga inquired about the types of complaints Mr. Moses had received about pesticide use. They ranged from human health and vegetation damage to possible adverse effects to animals, Mr. Moses replied. He got from 10 to 50 of these serious investigations per year. At conclusion, Mr. Moses distributed a list of Available Resources for the Leukemia Task Force (Exhibit E).

The next speaker was Michael J. Wargo, District Manager, Churchill County Mosquito and Weed Abatement District (MWAD). He distributed a letter that outlined the activities of the Mosquito and Weed Abatement District (Exhibit F). With this he also distributed material safety data sheets for the pesticide used by the District (Exhibit G). Mr. Wargo stated that he was a biologist more so than a chemist with a degree in entomology, the study of insects.

Mr. Wargo briefly reviewed the information in the letter that addressed the history of the MWAD, the chemicals they used to control mosquitoes, and the weed activities. To control the mosquitoes, his staff considered the site, the size of the colony, the impact on the area and the population of the natural predators at the site. With the mosquitoes in an early stage of development, natural agents such as a bacteria or mosquito hormones were used for control. In a later stage, a light petroleum oil was used in the water to suffocate the pupae. If mosquitoes reached the flight stage, they were treated with pyrethrum, a compound made from chrysanthemums, or with Dibrom aerially applied over a large acreage. These latter two applications were not preferred because of the expense and the difficulty of application. Mr. Wargo added that most of the mosquito populations were not in Fallon but out in the rural surroundings.

Next Mr. Wargo spoke about the weed control activities that began in 1987. The chemicals used were listed on page three of his letter (Exhibit F). In 1999 and in 2000, Pendulum was used as a preemergent along the county roadsides. During the summer, Glyfos and Weedone were used. Arsenal was used to create a bare zone that protects a road base from emergent weeds that damaged asphalt. Roundup and 2-4-D were used as needed to eliminate emerging weeds.

Mr. Wargo concluded by saying that, from 1998 to 2000, Tall Whitetop control along the Carson River required the use of Weedar 64 and Rodeo. Some isolated patches of Tall Whitetop, Russian Knapweed and African Rue were sprayed with Tordon.

Chairwoman de Braga asked Mr. Wargo if there had been any substances used that were now considered unsafe.

Mr. Wargo replied that he was unaware of any. All the chemicals they used, he said, were approved and were used extensively throughout the United States by state and county health departments and by other mosquito abatement districts.

Ms. de Braga stated that in the history of the area much was done by aerial spraying, but if it were intended to kill insects, how could it not be harmful to humans who breathed it?

In reply, Mr. Wargo referred to Mr. Moses’ previous comments that the EPA required tests to be done before the chemical was registered. The end user had no input into that process.

Right, Ms. de Braga agreed, then mentioned that the committee was back to not knowing what people were breathing in combination with this chemical and what deleterious effect this might cause. She asked if Mr. Wargo was aware of any use of jet fuel, or something with the same components as JP8, for weed killer. She stated she had received a report of this possibility in Churchill County. “No,” Mr. Wargo replied.

Ken Tedford, Mayor of the City of Fallon, spoke next. He began his testimony by stating that Fallon was a tight-knit community, taking seriously the good and the bad that happened there. As the investigation into the leukemia cases unfolded, more media attention was paid to the children. He assured the committee that his focus was not on the town’s image but rather to put the care and comfort of the children first while preserving their privacy. Mayor Tedford’s goal was to establish a single point of contact in the community, a place were the families could go if they had needs that were not met, and a place for those who wanted to give their time, money or talent to assist.

To avoid fear, rumor and lack of information, the city council prepared fact sheets and answers to frequently asked questions (Exhibit H) and other information for distribution throughout the community (Exhibit I). He thanked Governor Guinn, the State Health Division Administrator Yvonne Sylva, State Health Officer Dr. Mary Guinan and State Epidemiologist Dr. Randall Todd for their efforts. He declared that the city would continue to assist in the ongoing investigation.

Mayor Tedford then began to speak about the city water supply that provided services to approximately 2,900 connections from four city wells pumping water from the Basalt Aquifer. However, he clarified, not all of the affected families were on city water—some used private wells and some drank bottled water. He restated the belief that the city water supply was not the common link in these cases.

He acknowledged that arsenic was present in the water of Lahontan Valley. Many of the 4000 domestic wells, contained naturally-occurring arsenic, as did the water in the city and Navy wells. Fallon had known of this arsenic for a long time and had struggled to deal with it. But, there appeared to be no link between arsenic and leukemia, he held.

The city contracted with Shepherd Miller Inc. (SMI), an environmental and engineering consulting firm, to conduct tests and surveys for arsenic removal from the water. The public water system would need to comply with the new federal standards of ten parts per billion by the year 2006.

Mike Mackedon, Fallon City Attorney, next read from a brief memorandum (Exhibit J) that stated that the city had engaged Shepherd Miller, Inc. in April, 2000, to provide technical consultation. Within the binder (Exhibit K) were some of the water reports “in history” that the city had provided to the state as part of its regular reporting duties, under state or federal law. Additionally, there were numerous studies and analyses conducted by the city in excess of and different from those required under any reporting requirement, and some in direct response to the pattern of leukemia.

SMI had been asked to examine past data to determine the quality of the data to the extent possible. They were further instructed to survey the available or innovative technologies that would remove arsenic from drinking water and select a suitable bent-scale test method, to perform tests, to review and analyze the results, and evaluate the results; to perform pilot-scale testing on the selected treatment technology, evaluate those results, and recommend a final arsenic treatment technology. The bent-scale tests were completed and pilot-scale testing began on November 30, 2000.

Mr. Mackedon continued that SMI’s work was expanded in July of 2000 when the city learned of the childhood leukemia cases and that the pattern might have suggested an environmental cause. The mayor instructed Shepherd Miller to: review the available literature and research to confirm or not confirm a connection between arsenic and childhood leukemia, to review the available literature and research to confirm or not confirm a connection between the intake of radon and childhood leukemia, to re-review the historical analysis of the water chemistry of the city of Fallon, to proceed to develop a list of agents known or suspected to cause leukemia, and to perform tests of agents not previously analyzed.

Mr. Mackedon introduced SMI representatives Dr. Don Runnells, Senior Technical Advisor, and Dr. H. Robert Meyers, Senior Scientist.

Don Runnells spoke first, introducing the company, its history and himself, a water geochemist and professor at the University of Colorado. He reiterated that SMI was hired in April of 2000 to characterize the ground water supply and to provide recommendations on water treatment technology to address the arsenic issue. From September of 2000 through late January 2001, SMI reviewed and compiled data from historic groundwater analyses of samples from the city of Fallon water wells to determine if any regulated constituents were present in concentrations above the Nevada drinking water standards maximum contaminant limits (MCL).

With the exception of an elevated value of lead in 1989 and the arsenic in all samples, the water had tested below the primary drinking water standards. In the secondary standards, total dissolved solids in the water had exceeded the secondary standard of 500 milligrams per liter. It also exceeded the standard for PH that is 6.5 to 8.5, having been around 9.

Based on a very recent literature review for potential leukemia-causing chemicals, Shepherd Miller, Inc. developed a list of chemicals and analytes, some of which could potentially cause leukemia, for which there had been no previous testing in Fallon. They excluded from the list pharmaceuticals, analytes for which there were no analytical methods for testing, chemicals used as part of the water treatment system, and highly reactive chemicals that had a very short half-life and were gone quickly when added to water. Those remaining of possible concern included formaldehyde, lead-210, and radium 224. In early February of 2001, the city of Fallon wells were sampled for these additional chemicals. The results had not yet come in.

SMI also looked at the composition of fuels such as JP8 jet fuel, to determine if historic water analyses might contain components that could be related back to hydrocarbon fuels. No historic analyses showed a presence of volatile organic chemicals or synthetic organic compounds above detection limits. These were expected to be found if a fuel supply was, in fact, contaminating the ground water. Dr. Runnells remarked that the Fallon water was “remarkably clean” with the exception of the arsenic. The binder (Exhibit K) summarized the findings.

Assemblywoman Koivisto asked for clarification as to why so much emphasis was placed on the water supply when the children who contracted the leukemia did not all use the same water source. Dr. Runnells affirmed that Ms. Koivisto’s observation was correct. SMI was brought in originally specifically for the arsenic issue. Subsequently, with the community awareness of the leukemia cluster, the mayor and the city council directed them to expand the scope of their work to include a review of what was known about the relationship between arsenic and leukemia and also to identify other chemicals that might be related to leukemia. Dr. Runnells avowed that SMI did not believe that the city water supply was the problem.

Assemblywoman Parnell stated that it appeared that most experts agreed that the most direct link to childhood leukemia would be that of radiation. She asked if it was possible to look for a radiation link in the water supply or somewhere else.

Dr. Runnells affirmed that SMI was looking at the water specifically for radionuclides. In the binder (Exhibit K), Table 4 listed the radionuclides and gave the values they found and the MCL. Gross beta could be composed of a number of radionuclides. Therefore, SMI also analyzed for lead-210 because it contributed to gross beta and had a high risk factor.

Ms. Parnell asked whether anything on Table 4 alarmed Dr. Runnells, especially the gross alpha of Wells 2 and 4. He deferred that answer to Dr. Meyer as that was his field of specialty.

Assemblyman Mortenson asked if the lead-210 was a more energetic beta to which Dr. Runnells replied that it was attracted to the surface of the bone and therefore had a high risk factor. Mr. Mortenson also asked about the short half-life of radium 224 and whether there were products in the decay chain that were stable enough to analyze and then infer back to the quantity of radium 224.

Dr. Runnells replied that radium 224 was a decay product of thorium that normally was not found in the ground in a natural situation. But SMI was analyzing specifically for radium 224 to be certain something with a short half-life was not overlooked. The half-life of radium 224 is about 48 hours.

Mr. Mortenson asked if lead-210 was not a product in the decay chain of radium 224. Dr. Runnells believed that lead-210 came from uranium decay chain not the thorium decay chain.

Assemblyman Claborn requested to know if any studies were conducted on small aquatic animals (frogs, fish, even birds). Dr. Runnells responded that he did not have that knowledge but that perhaps someone from the city or county knew. Mr. Claborn continued that generally when something happened [in the environment] it was noticed lower down in the chain of life. Dr. Runnells agreed stating he made an excellent point.

Robert Meyer, a Senior Scientist (radiation biologist) with Shepherd Miller, Inc. testified next. He summarized the materials in the handout (Exhibit K). In late July of 2000, SMI began studies on the potential causes of childhood leukemia. They arranged for Dr. Glyn Caldwell, an epidemiologist, to participate in the health risk reviews.

Mr. Meyer reiterated that SMI reached the conclusion that no obvious link existed between the Fallon water supply and the leukemia cases identified in the area, but the issue was not closed. The literature review summaries were provided in the binder (Exhibit K). A clear link between arsenic and leukemia was not revealed in the literature. As it had always been present in the water supply, arsenic did not seem to explain the recent appearance of childhood leukemia. One factor could be other sources of radiation, a known cause of leukemia.

There were a number of possible sources of radiation to which everyone was exposed. Levels of radiation seen in communities were low with respect to the recognized standards for radiation protection. He explained there were different types of radiation that could impact a human. One would be an external source of radiation, such as cosmic radiation, gamma rays and other radiation sources from outer space, and from natural deposits of radioactive materials of the sort analyzed in the Fallon water supply. These natural deposits were also present, typically in low levels, in surface soils and rocks. Exposure from these sources included direct exposure and wind-blown exposure.

Mr. Meyer went on to say that the “Nevada experience is unique, of course, given the presence of the test site and the test that was conducted much closer to the city of Fallon.” He had not studied the results of the test nor the weather patterns at the time, but he knew there were cases in which the circulation of radioactive materials was in other directions.

There were also other possible sources of radioactivity in the environment that could have influenced this situation. It was not clear, he acknowledged, how an exposure from the 1950s or 1960s could impact a cancer that was rapidly developing. It would be good idea to examine the possibility of other sources of radiation in the area.

Chairwoman de Braga asked if Mr. Meyers and SMI had compared their studies with those done at the base vis-à-vis the water system. Mr. Meyer replied that they were aware of the findings on the base but had not made comparisons.

Assemblywoman Koivisto asked if the historic levels of arsenic remained the same or were there spikes and, were there studies of the effects of arsenic on children rather than just adults? Dr. Runnells answered that the concentrations of arsenic have been remarkably constant. Mr. Meyer stated that he was not aware of toxicological models that might extrapolate from adult leukemogenesis to childhood leukemogenesis.

Assemblyman Mortenson related to Mr. Meyer that he recalled reading that minor earthquakes could produce fissures. As thorium was all over Nevada, he queried, could a minor tremor release a pulse of radon-224 into the water. Mr. Meyer submitted that radon-222 and radon-220 were produced as a natural decay of uranium and thorium. He had read, too, that one of the ways to identify the potential for an earthquake occurrence would be to measure radon. The release of radon gas then was possible. The total exposure over a period of time would be a major factor in whether or not cancer might result. He speculated that the release of this gas prior to or during an earthquake might be quite brief, yet the damage done to a human body normally accrued over a period of time. A short low-level exposure would be unlikely to increase risk. Risk was proportional to dose.

Mr. Mortenson apologized that he had meant to say radium-224 to which Mr. Meyer stated that he was unaware of particulate materials released during moderate earthquakes.

Mr. Mortenson continued that he had read recently that with volatile organic compounds in drinking water, the “body burden” was via three methods: drinking the water, bathing with it, and through inhalation (steam of showers or cooking). Even though someone might have consumed bottled water, that was a fraction of the way the body absorbed water.

Mayor Tedford of Fallon again testified the city began looking at the water first (Exhibit L) because it was something they had control over. The city had also begun looking at their landfills, utilities, airport and other lands that they own. He closed by saying that he hoped the committee would be vigilant in supporting the executive branch that had made this investigation a priority. Funds and staff were important to complete the mission. He thanked the committee for the opportunity to speak.

Assemblywoman Leslie thanked the mayor for his testimony and asked him to briefly describe the plans for the resource center. She hoped that the Fallon Family Resource Center would be included. Mayor Tedford said this was to be a clearinghouse for assistance that would allow the families to maintain some anonymity. The hospital would assist and the Family Resource Center was a good idea.

Bjorn Selinder, Churchill County Manager, with Gwen Washburn, Churchill County Commission Chairman, and Norm Frey, Churchill County Commissioner, read the following statement from Commissioner Washburn (Exhibit M):

The Churchill County officials are very concerned about the welfare of the citizens. We want to explore all possible avenues that may attribute to the cause of leukemia but none of us is willing to point to any one cause. We are leaving that to the health experts.

Ask ten people on the street and we’ll get ten different opinions as to the cause of the cluster. I will attempt to address what the county is doing about some of the causes.

In Churchill County, the first thought is always water. We have been very concerned about how the reallocation of irrigation water that historically came into the valley is affecting the quality of the water being pumped from domestic wells, especially since the passage of Public Law 106-18 known as the Negotiated Settlement.

Churchill County began cooperating with the USGS on a groundwater monitoring project in 1994. In 1999, the data collection network included water level measurements at 19 wells monthly, 39 wells quarterly, and annually at 18 wells. Quality sampling and testing on five wells was done twice during the year, once during the irrigation season and once during the winter. The water was sampled for major ions, arsenic and nutrients. In the year 2000, four more wells were installed in an area slated for development where septic tanks would be used for sewage disposal to provide background data on the effect of development on water quantity and quality. Also in the year 2000, one isotope sample was obtained and analyzed at each of the five water quality wells. There’s an attachment that describes some of that activity.

Realizing the potential for growth and the need to supply the community with a safe and assured water supply in the future, we have for the last several years been in the process of developing a plan for a community-wide water system. The plan is very tentative at this point and the economic feasibility study is not yet complete. We are looking at every possible source to supply this system, including Dixie Valley and the Stillwater Mountain Range. In cooperation with USGS and Carson Water Subconservancy District, an injection and recovery experiment storing water for municipal and industrial use from Lahontan Reservoir in the Dead Camel Mountain alluvial fan will begin soon. Every aspect of the proposed water system is in the planning and study stage at this time. For all practical purposes, the water system is many years away. At this point, the cost to install the system, well over $200 million, is prohibitive for a small community. Obviously, funding is the huge hurdle for the county even after the water source is identified and developed.

In the interim we are faced with the problems here and now. Churchill Economic Development Authority, known as CEDA, is in the process of developing a vision for Fallon and Churchill County. In this process, CEDA has held three public workshops and one meeting of a committee made up of citizens from all business sectors. Water quantity and quality have been identified in every session as the top priority issue.

There is little that Churchill County can do at this juncture to improve the quantity and the quality of the water but [what] we can do, and are prepared to do, is to educate citizens about how they can help themselves. It has been suggested that we, the county, test the well water. That is not something that we can do. At our best estimate there are over 4,000 domestic wells in the county and it would be not only cost prohibitive and time prohibitive, but there are private property issues involved as well. What we are doing is telling private well owners how they can have their water tested.

We are actively encouraging the University of Nevada Extension Service to reinstate the Guard Our Local Drinking Water program known as Nevada GOLD. This is a group of volunteers dedicated to educating homeowners about their water supply. It is funded through the agricultural extension budget but has been inactive since the local water specialist became ill more than three years ago. At this point it is imperative that the University Extension Service reactivate this water education program. Many people move into the area and purchase their “dream” country home and they have no idea that the water comes from their own private well and they have the sole responsibility for that well. We will begin dispensing information about water safety and possible health related issues and testing labs at the local library, extension office, county administrative office, planning office, doctors’ offices, and so forth.

Operations of certain businesses and industries have been blamed. Businesses and industries including agriculture, pesticide operators and dairies that locate in the area must have Churchill County business licenses and meet all the local zoning criteria as well the Nevada Bureau of Health requirements, and have all necessary permits from the Nevada Department of Environmental Protection. We are looking at ways to make the issuance of a business license contingent upon the company showing current permits from the state of Nevada.

Naval Air Station and jet fuel in particular are suspect. Even though we have a good relationship with the Navy, we have no control over the federal facility and depend upon the Navy to protect its personnel and its neighbors from any harmful effects of their operation. We must leave investigations of the operations of the Navy in Churchill County to the experts.

The Churchill County commissioners are as concerned as any one about this leukemia cluster and will work closely with the local hospital to assist the health care professionals in the investigation to best of our ability.

Now, I would like to comment as an individual. I know that many people are quick to point to the water and water quality in the Lahontan Valley as the culprit in the present leukemia scare. I am not an expert on the water nor in the medical field, so I will not say that water is or is not the cause. I just would like to point out that I began using bottled water service at my home in 1995. This is because I felt that there was a definite deterioration in the quantity, quality and taste of my well water that like most in the valley comes from the shallow aquifer. I subscribed to the water service feeling that it was an inexpensive health insurance. At the time, I was more concerned about water-borne bacteria than heavy metals or minerals. Now, under the changing conditions in the valley, my concern about the quality of my well water encompasses more than just bacteria. At this time I can honestly say that I do not advocate anyone in the valley drinking water from their domestic well unless they have had that well tested recently and that it tested as safe to use.

The deterioration of our water quantity and quality has been significant since water right buy-out began. The safety of our water supply must remain the top priority of the community.

Personally and professionally, I thank you members of the Assembly for adding your support to our community at this especially difficult time.

This concluded the reading of Ms. Washburn’s statement (Exhibit M).

Norman Frey, Churchill County Commissioner, spoke next, and was very concerned about the negative press that the investigation was generating and stressed that the study must be kept to a scientific and professional level. He felt that the general public had not separated the presence of arsenic in the water and the leukemia cluster.

Mr. Frey stated the government must deal with the people’s perceptions in order to ease their tensions. He claimed the county might need assistance from the state to make well testing easier and more affordable for some 4,500 well owners. The county might need to set up low interest loans to purchase approved types of filtration systems for individual homes. He concluded by stressing that Churchill County is a very healthy place to live. Thousands had grown up and grown old there free of hideous disease.

Chairwoman de Braga stated that she and the committee would do whatever they could to reinstate the Nevada GOLD program at the Agricultural Extension Service. She also requested that the commissioners would present the committee with recommendations for educating the public, especially those in the Soda Lake area, where the arsenic rates were very much higher.

Assemblyman Neighbors requested to know the size of the area that contained the 4,500 wells. About 95 percent of the total population of Churchill County resided in the Lahontan Valley, which constituted Basin 101, the largest groundwater basin in the state.

Mr. Neighbors inquired, what was the current cost of testing a well? The cost appeared to be roughly $15 per item for each item on the test, less than $100 per resident. Each property sale required a complete test that cost $120.

In response to Mr. Claborn’s question about increased abnormalities in animals in the county, Mr. Selinder responded that a veterinarian who had practiced in the county for many years had seen none.

Testimony came next from Dr. Bonnie Eberhardt Bobb and Leuren Moret, representing Scientists for Indigenous People. Ms. Moret revealed that she had worked at the Lawrence Livermore Laboratory in California (Exhibit N) and had done research on the Yucca Mountain project (Exhibit O) and ran the sampling lab for the superfund project. She felt these hearings had been good but that air pathways and sampling of the upper dust layer in Fallon had been overlooked. She stated other items to investigate included: the incineration of out-dated munitions (some depleted uranium) at Honey Lake Depot that had sent a smoke plume over Nevada; planes returned to NAS from the Gulf War which might have had radioactive metal; the increased toxicity of highly complex and mixed compounds such as radionuclides mixed with hydrocarbons; and, burns in the fallout areas of Nevada (from the testing of the 1950’s) which remobilized the radionuclides in the upper dust levels thus recontaminating some populations. Constant exposure to low-level radiation, she testified, was more dangerous than a flash exposure such as was at Hiroshima. She concluded by stating that the water in Fallon had not been tested for tritium (radioactive hydrogen), and that the city should test surface ditches and drainage for airborne radionuclides.

Dr. Bonnie Eberhardt Bobb, a psycho-biologist, answered Assemblywoman Gibbons’ earlier question saying yes, there was at least one Shoshone child who was quite young and has contracted leukemia.

Dr. Bobb related a story of gathering pine nuts with the Shoshone last fall in an area indicated to be “experimental tree plots” and in which the trees had been dying from the top down. After some research, Dr. Bobb found that the BLM had planned to burn 870,000 acres of pinion trees in Nevada. The chemical that killed the trees, she claimed, was probably tebuthiuron, a ground sterilizing agent.

Another chemical, picloram, also known as Agent White, was one of the defoliants used in Vietnam and was now used by the U. S. government in the war against drugs in Columbia. Picloram was used to make Tordon which when mixed equally with 2-4-D plus 245T (Weedar) was Agent Orange. She concluded that, in effect, “we” are making Agent Orange again, except perhaps with the dioxins removed. Furthermore, in the Ely district where there were fires, the fields were sprayed with Garlon, which when burned “mimics estrogens and hormones of women and it ruins the reproductive system.”

Dr. Bobb continued her testimony and described the level of picloram in Nevada’s water and wondered what the reaction was when this chemical was mixed with others and used for weed or insect control. She expressed her concern for: the burning of parts of Nevada that would release radionuclides into the air; tritium that was in the tree cellulose and was released into the air from a burning tree; and plutonium that would be released into the air when burning occurred. Dr. Bobb gave the committee a letter she wrote to the Bureau of Land Management (Exhibit P).

Ms. Moret added that the smoke plume from the burning at the Fallon Naval Air Station should be investigated as well.

Dr. Bobb ended her testimony by reading a statement from Corbin Harney, Shoshone Nation, which emphasized the importance of cleaning the earth.

Keith Weaver, a long term Fallon resident and a member of the de Braga family, delivered the final testimony (Exhibit Q and Exhibit R). Mr. Weaver felt that the link between arsenic and leukemia should not be eliminated from examination at this point, based on a recent article he had read in the Journal of Epidemiology. Chairwoman de Braga agreed that the committee did not wish to rule out anything at this point.

Material from the previous day’s testimony on the Shoal Project was submitted to the committee (Exhibit S).

The hearing closed at 5:23 p.m. to be resumed February 15 at 1 p.m.

RESPECTFULLY SUBMITTED:

June Rigsby

Committee Secretary

APPROVED BY:

Assemblywoman Marcia de Braga, Chairman

DATE: