June 22, 2008
Nitro dioxin report flawed
Levels at day-care center could be 'unacceptable'
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Federal and state officials used flawed calculations in a 2005 report that assured Nitro residents that dioxin levels in school buildings and a community center do not pose a health risk, according to government records recently made public.

The corrected figures - which were not made public at the time - would have made the risks appear slightly worse, especially for children at a day-care center in the Nitro Community Center, the records show.

State and federal officials said last week they stand by their earlier assurances to the public, and an April 2007 study that also found no significant risks.

However, lawyers who are suing Monsanto Co. over the alleged contamination of Nitro-area residents and area streams say government agents greatly underestimated the hazards and then covered up flaws in their studies.

"You had to have known that an unacceptable cancer risk existed for schoolchildren using a 'worst-case scenario' analysis," Charleston lawyer Stuart Calwell said in a June 11 letter to state and federal agencies. "Did you withhold such information from the public on purpose? Sadly, that is what the evidence seems to suggest."

Calwell is litigating two class-action lawsuits over dioxin pollution from the former Monsanto plant in Nitro, which for more than 50 years churned out herbicides, rubber products and other chemicals.

The plant's production of the powerful Vietnam-era herbicide Agent Orange created dioxin as a dangerous toxic chemical byproduct. Dioxin has been linked to cancer, birth defects, learning disabilities, endometriosis, infertility and suppressed immune functions. The chemical builds up in tissue over time, meaning that even small exposures can accumulate to dangerous levels.

In one of the cases, thousands of current and former Nitro residents allege that Monsanto polluted the entire town with dangerous amounts of dioxin. Last month, the state Supreme Court rejected Monsanto's effort to overturn Putnam Circuit Judge O.C. Spaulding's decision to certify both cases as class actions.

Calwell has been fighting Monsanto over dioxin pollution since the mid-1980s, when he mostly lost a suit against the company over alleged poisoning of Nitro plant workers.

Three years ago, Calwell caused a stir when he encouraged the Kanawha County Board of Education to test Nitro school buildings for dioxin. Tests funded by Calwell's law firm had already found high levels of dioxin in Nitro homes, and results showing dioxin in the school buildings and the local day care briefly caused a public stir just before the 2005-2006 school year was set to begin.

During an Aug. 4, 2005, meeting with school managers, officials from the U.S. Environmental Protection Agency, the federal Agency for Toxic Substances and Disease Registry, and the state Bureau for Public Health all insisted that any risks from the dioxin in the buildings fell within levels the government considers acceptable.

"They didn't see that there was any substantial health threat from exposure at those levels," said Jim Withrow, the school board's lawyer.

Steve Dearwent, an ATSDR scientist, agreed, to a point.

Dearwent said the dioxin levels did not pose "an immediate or imminent threat," but also fell within levels that needed more evaluation.

In notes from the meeting, ATSDR regional representative Lora Werner recalled that the state's calculation of a key figure - called the Toxic Equivalency Quotient, or TEQ - was lower than the school board contractor's calculation. "This issue needs to be resolved by further examining supporting documentation from the contractor," Werner wrote in the notes, made public Friday morning.

About a month later, on Sept. 6, 2005, the EPA released a further evaluation, in the form of short memo dated Aug. 30.

Levels of dioxin in the schools and the community center were acceptable, that memo said. But levels in the day-care center are "close" to the level that would require a cleanup.

The EPA said that, of the dioxin samples it studied, "the greatest potential risk is to young children in the day care." For day-care kids, the additional cancer risk from the dioxin is 0.91 in 10,000 - very close to the 1 in 10,000 risk that would be considered unacceptable, the EPA report said.

The memo again noted that the TEQ calculations by government officials - this time the EPA - and the school board contractor had differed. The "likely explanation," the memo said, was that the contractor used older figures than the EPA.

Two months later, the state's lead investigator on the issue, Barbara Smith, sent a memo to the EPA and ATSDR officials.

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Posted By: consumersunite (7:07pm 09-15-2008)
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My concern is with the scientists who conducted the research. Were any of them ever associated with Monsanto? Were the studies funded by the company? If so, they are worthless. Independent studies are needed to know the truth. EPA and Monsanto Company have a revolving door, so you cannot trust anything EPA says about anything Monsanto does (Same with FDA and USDA). The regulatory offices do not work for the people, they work for the corporations, so why even bother with them? These organizations have been bought and sold. You can claim "scientific tests and research" all you want, but because of the revolving door, no one is buying it. We need new regulatory offices that work for the people, not the corporations!

Posted By: dcollaborator (9:48am 06-23-2008)
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i can't help but wonder if the comments below that imply it's a bad thing to warn the families of nitro that they and their children may be in danger come from parents who have children who live and go to school in nitro. i'd be willing to bet they do not.

Posted By: blueyedgal24 (9:53pm 06-22-2008)
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I am very disturbed about these findings in this area. They have known for years about this and just covering things up to keep themselves out of respondsibility. I have a 5 year old grandaughter that has to go to the Nitro school, and I am very worried about what is being ingested into her little body and may cause something very serious in later years. I think this company should let anyone be checked out physically to see if they have been exposed to this and if so have to take care of compensating people thet have destroyed something most precious to all in the area,,THEIR LIFE !!! Something needs to be done quick and no hiding information under the rug anymore,,,Make them liable for their bad doings !!!!!

Posted By: big b (4:07pm 06-22-2008)
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i dont think anybody in nitro will know the true levels of dioxin which is ludacris but what can you do everybody in nitro has already been so exposed to the dioxin that there is no turning back now and i think everyone that is in nitro or has lived in nitro should be reinburst for the shortened lives they may live because of monsantos negligance to report correctly and for dumping there chemicals everywhere for the people to breath what i am getting at is the people should ban together and sue the people that did this crap and go after the agencys that covered it up they say flawed they really mean covered up but what can you do right well wrong stand up and let your voices be heard im out peace out

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