Law Firm Pursuing El Toro Injuries and Deaths

A Long Beach law firm is investigating injuries and deaths connected with former MCAS El Toro.

A Camp Lejeune lawsuit filed this week for injuries from exposure to trichloroethylene (TCE) and other organic solvents and a growing list of injuries linked to organic exposure from Marine Corps Air Station (MCAS) El Toro, California have one Long Beach law firm actively pursuing clients injured at El Toro.

Michael Gates, attorney with Carroll, Kelly, Trotter, Franzen & McKenna, 111 W. Ocean Boulevard, Long Beach, California, said his firm “has been actively investigating [El Toro] for a few months and are eager to hear from injured parties. We want everyone and anyone with serious injuries to contact us.”

The law firm’s interests includes El Toro Marine veterans, dependents, civilian workers and anyone who may have been injured by the organic solvents on the base and those living or working nearby.

Michael Gates can be contacted on email at megates@cktfmlaw.com or by phone at: (562) 432-5855. Facsimile: (562) 432-8785.

As reported yesterday by Tim King in the Salem-News, a lawsuit was filed in Federal District in North Carolina by a “Marine wife over exposure to toxic chemicals in the water at Camp Lejeune, a Marine Corps base in North Carolina. The suit was filed jointly by two law firms from Washington D.C. and Winston-Salem, North Carolina.” See: http://www.salem-news.com/articles/july082009/lejeune_suit_6-7-09.php)

A trichloroethylene (TCE) toxic plume was discovered in 1985 off of MCAS El Toro. The toxic plume has spread miles off the base into nearby Orange County.

El Toro was placed on the EPA Superfund list in 1990, closed in July 1999, and most of the land sold at a public auction in 2005. MWSG-37 (EPA Site 24) was the source of the toxic plume spreading off the base. Multiple contaminants were found on base near landfills, including radionuclides (Uranium 235, Radium 226 and Radium 228).

TCE was used at El Toro as a metal degreaser for aircraft parts for decades before sound environmental disposal practices were known.

Radium 226 was used in a Radium Paint Room in Hangar 296 at El Toro for a number of years. The Navy requests for unrestricted radiological use of the hangar from the California Department of Public Heath was filed in July 2002, but has not been approved by the state.

Besides the hangar, radiation was found in the groundwater in the immediate area of several base landfills.

EPA and the Navy estimated 8,000 pounds of TCE in the soil and groundwater under the base. A TCE plume spreads miles into Orange County, but both Navy and EPA contend that the toxic chemical poses no danger to the local water supply. The city of Irvine’s consultant estimated the amount closer to 700,000 pounds. The Navy disputes the higher amount.

El Toro’s Contaminants

EPA identified multiple contaminants of concern (COC) at El Toro. According to EPA, “These are the substances that are addressed by cleanup actions at the site. Identifying COCs is a process where the EPA identifies people and ecological resources that could be exposed to contamination found at the site, determines the amount and type of contaminants present, and identifies the possible negative human health or ecological effects that could result from contact with the contaminants.” (See: http://cfpub.epa.gov/supercpad/SiteProfiles/index.cfm?fuseaction=second.Contams&id=0902770)

EPA’s website has not updated to include radionuclides (Uranium 235, Radium 226 and Radium 228). However, Envirostor, the state’s website, shows radioactive isotopes as a potential contaminant of concern. (See: http://www.envirostor.dtsc.ca.gov/public/profile_report.asp?global_id=30970003)

EPA reported that TCE usage was discontinued at El Toro in the mid-1970s. Reports from Marine veterans dispute that claim.

An enlisted Marine wrote of usage of TCE in the 1980s long after the Navy and Marine claimed El Toro stopped using this solvent: “I was an enlisted ordnance man with VMA - 214 Black Sheep Squadron from 1985-88. I loaded heavy munitions on the A4-M Sky Hawk and when these aircraft would return after dropping the bombs, we were required to break down and clean either the "MER" or "TER" ejection racks. Part of this cleaning process consisted of "secretly" soaking certain parts in a solvent that came in 5 gallon green cans with yellow lettering stating that it was TCE. I was told that we were not to get caught using this solvent because it was not an authorized cleaning agent, only soap and water was to be used. The 5 gallon cans were always kept out of sight until I poured them into a 55 gallon drum that was cut in half, length ways and mounted in a welded frame. The parts would stay in the solvent for 24 hours then I had to remove them by hand and place them into 5 gallon buckets filled with soap and water, take them into the hangar and scrub them. I cannot count the times that I did that process but I spent many hours with my arms, elbow deep in that solvent. I remember being amazed at how quickly the solvent would evaporate off my arms when I brought them out of the soaking drum.”

The EPA website links each COC with the toxicological profile prepared by the Agency for Toxic Disease Registry (ATSDR). ATSDR is a Federal agency responsible for the performance of public health assessments of EPA Superfund sites like MCAS El Toro.

Organic solvents are capable of dissolving or dispersing one or more other substances. Many organic solvents are carcinogens. ATSDR identified the following diseases linked to exposure to organic solvents:

• aplastic anemia (benzene)bladder cancer (PCE)
• brain cancer (VC)
• breast cancer (PCE)
• cervical cancer (TCE, PCE)
• endometriosis (solvents)
• esophageal cancer (PCE)
• generalized skin disorders (TCE)
• Hodgkin’s disease (TCE)
• infertility (PCE, TCE, solvents)
• kidney cancers (TCE)
• kidney diseases (TCE, PCE)
• leukemias (TCE, benzene, PCE)
• liver cancer and liver disease (TCE, VC)
• lung cancer (PCE, VC)
• Lupus (TCE)
• motor neuron disease/ALS (solvents)
• multiple myeloma (TCE, benzene)
• multiple sclerosis (solvents)
• NHL (TCE, PCE, benzene)
• pancreatic cancer (PCE)
• Parkinson’s disease (TCE)
• scleroderma (TCE, PCE)
• soft tissue sarcoma (VC)
• spontaneous abortion (PCE, benzene)

An increasing number of reports of injuries and deaths from El Toro Marine veterans and dependents have been received by the Salem-News.com over the past year.

Marine Suggests ‘Cancer Cluster’

On Marine veteran of Marine Wing Service Group 37 reported that: “We were on the upper deck of the big hangar that, as I recall, was the 'eastern hangar' of the two big ones. Saw alot of TCE 'up-close-and-personal' as the aircraft strip down was done below us. At the TCE 'hose-down' stage, clouds of the stuff would waft on the wind - get into the upper level. As I recall, a single F9F could use up to a 1/3rd of a 55-gallon drum. Excess TCE simply drained into a sump outside the hangar door. If you were entering or exiting the hangar while this segment was underway you had to stand back and not let the stuff get on your uniform of the day. If you got spritized - goodbye your clothing - would eat away the cloth like a moth. Replacement, as I recall, was at your own expense . . .in the other big hangar, open tanks of TCE were used to accept the exhaust stacks from the R5D's - other recips undergoing overhaul or repair…a lot of these Marines are either dead or dying (family members included). You can see this by reading through the Marine Air Transport Association quarterly newspapers going back to 2000. The 'obits' would leave one to believe that dozens of these Marines - spanning literally decades of service - have died from conditions that fairly scream out "CLUSTER CANCER" with TCE fingerprints.

There may be more to this than just one man’s speculation. TCE is a known carcinogen. This Wednesday, the AP reported that studying the water at the Camp Lejeune, another Marine Corps base in North Carolina contaminated with organic solvents, were "startled" after learning that 11 men with breast cancer and ties to the North Carolina base were identified over the last two years. Over the course of the next week, 6 more men with breast cancer who were aboard Camp Lejeune were discovered. (See: http://www.salem-news.com/articles/july092009/lejeune_water_7-9-09.php)

Anecdotal Reports of Illnesses

The following are just a few of the email reports received by the Salem-News.com of Marines, dependents and teachers from the El Toro Marine Corps School who reported serious illnesses linked to exposure to organic solvents at El Toro:

One daughter wrote that: “My dad was a US Marine during the Vietnam War. He was stationed, among other places, at El Toro and Camp Lejeune. I've learned of the TCE contamination at both bases and know for sure that he was in the specific area that was contaminated at El Toro, and am looking into where he was at Lejeune. This is relevant to the reason I am writing because my dad is terminally ill with Glioblastoma, a rare cancer that has been linked to TCE exposure. I believe that it is directly a result of his time in the military.” We since learned that her father died from Glioblastoma. About 8 of every 100,000 people in the U.S. are diagnosed with primary malignant brain tumors. According to Salah Uddin, MD, Consulting Staff, Department of Internal Medicine, Carraway Methodist Medical Center, “Glioblastoma multiforme (GBM) is the most common and most aggressive of the primary brain tumors.” (See: http://emedicine.medscape.com/article/1156220-overview)

Another MWSG-37 Marine and Vietnam veteran reported that: “[He] Went to MWSG-37 in 1968 exposed to VOCs. I have had removal of my tongue due to cancer. Reconstruction of my oral cavity along with partial removal of neck contents bilaterally. Additional post operative radiation therapy. That was in 1999. In 2007 the cancer came back and I had two more operations.”

A retired El Toro Marine reported disputed the Navy’s report that TCE usage was discontinued at El Toro in the 1970s, “You say that these chemicals were only used until the mid 1970's but I know for a fact that they were used up until the early 1990's. How do I know because we used them OFTEN. As you said they were a degreaser and an outstanding one at that. They were also used for hydraulic contamination testing and keeping hydraulic components and equipment clean. When I was with VMA(AW)-121 and MALS-11 we would use the stuff daily (1-5 gallons). I think the hangers that you are referring to are the KC-130 hangers on the west end of the base. I do know of a Marine that spent most of his career in that hanger and died of cancer soon after retiring (months), the VA/USMC claimed not military related. We took up a big collection in the squadron/KC-130 community to help his family pay for medical bills.”

A wife reported that: “My ex-husband was stationed on El Toro from 1993-1995 and then in SC. Shortly after leaving CA, I found out I had 11 tumors, I suspected that the base was illegally dumping in to the ground but I don't know which one.”

A female Marine at El Toro in the 1990s wrote, “I am a female who served in the Marine Corps from 1990-1995. I spent the last 2 years of my enlistment at El Toro ...I worked directly on the airplanes. I washed them, fueled them, repaired them, etc. Now I have breast cancer. I have 2 cancerous lumps that just happen to be 2 different types of cancer. This is rare. There is only a 1-5% chance of this happening. I also have positive lymph nodes in my armpit, am undergoing chemotherapy and will be getting a mastectomy later this year.”

A wife reported the death of her husband, “When my Marine veteran husband developed brain cancer, his neurosurgeon asked if he had ever been exposed to toxic chemicals. He was stationed at El Toro and Camp Lejeune in the 1960's but we knew nothing of the TCE/PCE exposure. My husband died March 24, 2008.”

Teacher from the El Toro Marine School (grades 1-6) reported, “I was a teacher at El Toro Marine for five years. Many of the veteran teachers who had worked on the base over the years had been chronically sick and some had various types of cancer. I am not sick now that I am aware of, but I fear what I may have been exposed to.”

A brother and sister both El Toro Marines who now live in Southern California reported, “My brother and I were stationed at El Toro between 1964 through 1967. We both have many physical problems. My brother developed cancer of the throat two years ago and was actually dead for 45 seconds and I have COPD and need a breathing device to sleep at night.”

For more stories on both El Toro and Lejeune, please see www.Salem-News.com. Click on the banner, “Are Marines Getting the Shaft in America?”

NEXUS STATEMENT

The nexus letter is the key to winning a VA compensation claim. Nexus is defined as "the means of connection between things linked in series".

A veteran needs to seek an expert physician who will review your complete medical records and write a letter stating that it is his or her opinion that your injury (condition) today is related to the military service.

The nexus letter should follow a similar format to all letters that you use to communicate to VA. It may be addressed directly to you or in a "To Whom It May Concern" style. If the physician is willing to provide you with a current curriculum vitae (a resume) that will support the physician's expertise.

The nexus letter should follow the standard business format we always use when writing to the VA. This template below may be used as a beginning for your letter.

Date


VIA Certified Mail, Return Receipt


Reference: Your full name

Your reference numbers, SSN, etc.


To whom it may concern;

I am a (specialty) physician (Medical Doctor).

I have reviewed the Service Medical Record of Veteran ______________as well as his/her more contemporary medical records and history.

(If a physical examination has occurred, discuss that and report the findings now.)

(Describe rationale. For example; This veteran has no known history of exposure to risk factors that may pose a risk for __________________. There is no known history of this condition in his/her family history.)

I have concluded and it is my opinion that it is as least as likely as not that the veteran's current condition of (name the condition, illness, injury) was caused by exposure to trichloroethylene (TCE) and/or tetrachloroethylene (PCE) while on active duty at Marine Corps Air Station (MCAS), El Toro, California. [1]


(Signed)


Address, etc.


Enclosure: Curriculum Vitae


[1] Reasonably Medically Certain: Often used by attorneys in instructions to physicians in medical malpractice cases and sometimes incorrectly used by VA leadership in instructions to physicians in VA benefit cases, but the correct threshold standard for VA cases as per the Code of Federal Regulations (CFR) and Congress for granting benefits is the “as likely as not” concept (50-50) which means that the medical evidence/medical principles for and against the association is at least evenly divided. This is a different standard than the one used in clinical medical for evidence, which is set at the 95% confidence level because the VA regulations have been liberally and generously established by our citizens who recognize the risks and value of service to out country.


"is due to" (100% sure)

"more likely than not" (greater than 50%)

"at least as likely as not" (equal to or greater than 50%)

"not at least as likely as not" (less than 50%)

"is not due to" (0%)

Ref: VA’s Clinician’s Guide for Disability Examination;

EPA Superfunds: Veterans at Risk

Veterans and their dependents of the risk of exposure to contaminants and health effects for bases on the EPA National Priority List (Superfund). Veteran Service Organizations (VSOs) have not notified their memberships, even though the information is on an EPA website.

(Somerdale, NJ) - The Pentagon owns 133 Superfund sites, the most of any organization.

Veterans and dependents were exposed to contaminants at these sites, including carcinogens like TCE, PCE, benzene and radiation.

The Defense Authorization Bill for 2008 required the Pentagon to notify Camp Lejeune veterans, but only after the death of children from TCE contaminated wells.

Except for Camp Lejeune, there's no legal requirement to notify veterans of the other 132 Superfund sites.

Camp Lejeune’s Water Contamination

Former Senator Elizabeth Dole was instrumental in requiring the Navy and Marine Corps to notify residents who may have been exposed to contaminated water at the Camp Lejeune.

An estimated on million people at Camp Lejeune may have been exposed to contaminated drinking water.

“Senator Elizabeth Dole, along with four of her colleagues, today introduced legislation to help protect our most susceptible populations, such as pregnant women, infants and children, against the negative health impacts of drinking water contaminated with trichloroethylene (TCE), a chemical commonly used in degreasing agents, paint and spot removers and adhesives,” according to a press release of August 1, 2007.

The amendment introduced by Dole and signed into law in the 2007 Defense Authorization Act required the Secretary of the Navy to notify those who may have been affected by the contaminated wells starting in 1958.

On May 13, 2009, the Camp Lejeune story took another twist when Senators Kay Hagan and Richard Burr of North Carolina requested a meeting with the Acting Secretary of the Navy the Assistant Secretary of the Navy for Installations and Environment.

According the Senators Hagan and Burr, “new information [that] has surfaced regarding human exposure to volatile organic compounds in Camp Lejeune’s drinking water. This information calls into serious question the validity of the 1997 Public Health Assessment (PHA)…one of our constituents and his advocacy group found progress reports undertaken by a Department of the Navy (DON)-hired contractor in 1984 that showed high levels of benzene in an operating well…this finding was not previously made public not provided to ATSDR. We note that ATSDR omitted benzene from its 1997 PHA…this finding is one of the reasons ATSDR retracted the water contamination portion of its 1997 PHA…it has also come to our attention that the DON and the United States Marine Corps did not provide certain documents to ATSDR or the public until 2007.”

Other Military Sites

It’s unlikely that Congress will require DOD to take special steps to notify veterans and their dependents of the contaminants and health effects at other military sites on the EPA Superfund list.

Public service announcements of the contaminants and the health effects would be a relatively inexpensive way to communicate to veterans. However, don’t bet on DOD undertaking this type of effort.

In fact, EPA has an internet website which shows all of the contaminants and heath effects for all military bases and sites on the EPA National Priority List (Superfund).

Part of the mission of Veteran Service Organization (VSOs) is to keep their membership informed of issues important to them and their families. Nothing could be more important than you and your family’s ill.

The American Legion, the VFW, the Marine Corps League and other VSOs have the resources to notify their memberships of the contaminants and health effects of military base on the EPA Superfund list. There’s no indications of an organized attempt by VSOs to spread the word to their membership. The result is that veterans and their dependents are on their own.

Imagine for a moment that you are one of the thousands of veterans who served at bases now on the EPA Superfund list.

Unlike someone injured on the job, there is no workman compensation for a veteran to cover his or her medical expenses or even the possibility of filing a tort lawsuit for injuries. The Supreme Court’s FERES doctrine prevents any veteran from filing a tort suit, even when an injury occurs from government negligence.

VA disability compensation is available, if you “connect the dots” of illness to military service. Even when the “dots are connected,” the veteran will be required to obtain a nexus statement from a physician linking the medical condition to military service. The veteran’s physician may be hesitant to sign a nexus statement and unsure about the correct legal terminology to use.

Independent Medical Evaluations (IMEs) are available, but can be expensive. A telephone call to a California doctor showed that the cost of a VA nexus opinion started at $3,000 and could go higher, depending upon the amount of documentation to review.

EPA has identified the Contaminants of Concern at each Superfund site. According to EPA, “The chemical substances (i.e., hazardous substances, pollutants, or contaminants) listed below were identified as contaminants of concern (COC) for the site. COCs are the chemical substances found at the site that the EPA has determined pose an unacceptable risk to human health or the environment. These are the substances that are addressed by cleanup actions at the site.”

“Identifying COCs is a process where the EPA identifies people and ecological resources that could be exposed to contamination found at the site, determines the amount and type of contaminants present, and identifies the possible negative human health or ecological effects that could result from contact with the contaminants” according to the EPA website.

Military sites on the EPA Superfund list are shown below. Click on the base name to follow the link to EPA website. Once on the EPA site, the Contaminants of Concern (COCs) and their health effects can be found by clicking on “View Contaminants of Concern” at the bottom of the first page. The next screen will show each COC and a link to the Agency of Toxic Substance Disease Registry (ATSDR) where the health effects can be viewed.

US Air Force

Air Force Plant #4 (General Dynamics)
Fort Worth
TX

Air Force Plant 85
Columbus
OH

Air Force Plant PJKS
Littleton
CO

American Lake Gardens/McChord AFB
Tacoma
WA

Andersen Air Force Base
Yigo
GU

Andrews Air Force Base
Andrews Air Force Base
MD

Arnold Engineering Development Center (USAF)
Tullahoma/Manchester
TN

Brandywine DRMO
Brandywine
MD

Castle Air Force Base (6 Areas)
Merced
CA

Chanute Air Force Base
Rantoul
IL

Dover Air Force Base
Dover
DE

Edwards Air Force Base
Edwards AFB
CA

Eielson Air Force Base
Fairbanks
AK

Ellsworth Air Force Base
Ellsworth AFB
SD

Elmendorf Air Force Base
Anchorage
AK

F.E. Warren Air Force Base
Cheyenne
WY

Fairchild Air Force Base (4 Waste Areas)
Spokane
WA

George Air Force Base
Victorville
CA

Griffiss Air Force Base (11 Areas)
Rome
NY

Hanscom Field/Hanscom Air Force Base
Bedford
MA

Hill Air Force Base
Hill AFB
UT

Homestead Air Force Base
Homestead Air Force Base
FL

Loring Air Force Base
Limestone
ME

Luke Air Force Base
Glendale
AZ

March Air Force Base
Riverside
CA

Mather Air Force Base (AC&W Disposal Site)
Mather
CA

McChord Air Force Base (Wash Rack/Treatment Area)
Tacoma
WA

McClellan Air Force Base (Ground Water Contamination)
McClellan AFB
CA

McGuire Air Force Base #1
Wrightstown
NJ

Mountain Home Air Force Base
Mountain Home
ID

Norton Air Force Base (Lndfll #2)
San Bernardino
CA

Pease Air Force Base
Portsmouth/Newington
NH

Plattsburgh Air Force Base
Plattsburgh
NY

Rickenbacker Air National Guard (USAF)
Lockbourne
OH

Robins Air Force Base (Landfill #4/Sludge Lagoon)
Houston County
GA

Tinker Air Force Base (Soldier Creek/Building 3001)
Oklahoma City
OK

Travis Air Force Base
Travis AFB
CA

Twin Cities Air Force Reserve Base (Small Arms Range Landfill)
Minneapolis
MN

Tyndall Air Force Base
Panama City
FL

Williams Air Force Base
Chandler
AZ

Wright-Patterson Air Force Base
Dayton
OH

Wurtsmith Air Force Base
Oscoda
MI


US Army

Aberdeen Proving Ground (Edgewood Area)
Edgewood
MD

Aberdeen Proving Ground (Michaelsville Landfill)
Aberdeen
MD

Alabama Army Ammunition Plant
Childersburg
AL

Anniston Army Depot (Southeast Industrial Area)
Anniston
AL

Cornhusker Army Ammunition Plant
Hall County
NE

Fort Devens
Fort Devens
MA

Fort Devens-Sudbury Training Annex
Sudbury
MA

Fort Dix (Landfill Site)
Pemberton Township
NJ

Fort Eustis (US Army)
Newport News
VA

Fort George G. Meade
Odenton
MD

Fort Lewis (Landfill No. 5)
Tacoma
WA

Fort Lewis Logistics Center
Tillicum
WA

Fort Ord
Marina
CA

Fort Richardson (USARMY)
Anchorage
AK

Fort Riley
Junction City
KS

Fort Wainwright
Fort Wainwright
AK

Iowa Army Ammunition Plant
Middletown
IA

Joliet Army Ammunition Plant (Load-Assembly-Packing Area)
Joliet
IL

Joliet Army Ammunition Plant (Manufacturing Area)
Joliet
IL

Lake City Army Ammunition Plant (Northwest Lagoon)
Independence
MO

Letterkenny Army Depot (PDO Area)
Franklin County
PA

Letterkenny Army Depot (SE Area)
Chambersburg
PA

Lone Star Army Ammunition Plant
Texarkana
TX

Longhorn Army Ammunition Plant
Karnack
TX

Louisiana Army Ammunition Plant
Doyline
LA

Materials Technology Laboratory (USARMY)
Watertown
MA

Milan Army Ammunition Plant
Milan
TN

Natick Laboratory Army Research, Development, and Engineering Center
Natick
MA

New Brighton/Arden Hills/TCAAP (USARMY)
New Brighton
MN

Picatinny Arsenal (USARMY)
Rockaway Township
NJ

Riverbank Army Ammunition Plant
Riverbank
CA

Rocky Mountain Arsenal (USARMY)
Adams County
CO

Sacramento Army Depot
Sacramento
CA

Savanna Army Depot Activity
Savanna
IL

Schofield Barracks (USARMY)
Schofield
HI

Seneca Army Depot
Romulus
NY

Sharpe Army Depot
Lathrop
CA

Sunflower Army Ammunition Plant
Desoto
KS

Tobyhanna Army Depot
Tobyhanna
PA

Tooele Army Depot (North Area)
Tooele
UT

Tracy Defense Depot (USARMY)
Tracy
CA

Umatilla Army Depot (Lagoons)
Hermiston
OR

US Army/NASA Redstone Arsenal
Huntsville
AL

Weldon Spring Former Army Ordnance Works
St. Charles County
MO

West Virginia Ordnance (USARMY)
Point Pleasant
WV

US Coast Guard

Curtis Bay Coast Guard Yard
Baltimore
MD



US Navy


Adak Naval Air Station
Adak
AK

Alameda Naval Air Station
Alameda
CA

Allegany Ballistics Laboratory (USNAVY)
Mineral County
WV

Bangor Naval Submarine Base
Silverdale
WA

Bangor Ordnance Disposal (USNAVY)
Bremerton
WA

Barstow Marine Corps Logistics Base
Barstow
CA

Brunswick Naval Air Station
Brunswick
ME

Camp Lejeune Military Res. (USNAVY)
Onslow County
NC

Camp Pendleton Marine Corps Base
Camp Pendleton
CA

Cherry Point Marine Corps Air Station
Havelock
NC

Concord Naval Weapons Station
Concord
CA

Davisville Naval Construction Battalion Center
North Kingstown
RI

El Toro Marine Corps Air Station
El Toro
CA

Indian Head Naval Surface Warfare Center
Indian Head
MD

Jackson Park Housing Complex (USNAVY)
Kitsap County
WA

Jacksonville Naval Air Station
Jacksonville
FL

Marine Corps Combat Development Command
Quantico
VA

Marine Corps Logistics Base
Albany
GA

Moffett Naval Air Station
Moffett Field
CA

Naval Air Development Center (8 Waste Areas)
Warminster Township
PA

Naval Air Engineering Center
Lakehurst
NJ

Naval Air Station, Whidbey Island (Ault Field)
Whidbey Island
WA

Naval Air Station, Whidbey Island (Seaplane Base)
Whidbey Island
WA

Naval Amphibious Base Little Creek
Virginia Beach
VA

Naval Computer and Telecommunications Area Master Station Eastern Pacific
Wahiawa
HI

Naval Industrial Reserve Ordnance Plant
Fridley
MN

Naval Security Group Activity
Sabana Seca
PR

Naval Surface Warfare Center - Dahlgren
Dahlgren
VA

Naval Undersea Warfare Engineering Station (4 Waste Areas)
Keyport
WA

Naval Weapons Industrial Reserve Plant
Bedford
MA

Naval Weapons Station - Yorktown
Yorktown
VA

Naval Weapons Station Earle (Site A)
Colts Neck
NJ

Navy Ships Parts Control Center
Mechanicsburg
PA

New London Submarine Base
New London
CT

Newport Naval Education & Training Center
Newport
RI

Norfolk Naval Base (Sewells Point Naval Complex)
Norfolk
VA

Norfolk Naval Shipyard
Portsmouth
VA

NWS Yorktown - Cheatham Annex
Yorktown
VA

Parris Island Marine Corps Recruit Depot
Parris Island
SC

Patuxent River Naval Air Station
Patuxent River
MD

Pearl Harbor Naval Complex
Pearl Harbor
HI

Pensacola Naval Air Station
Pensacola
FL

Port Hadlock Detachment (USNAVY)
Indian Island
WA

Portsmouth Naval Shipyard
Kittery
ME

Puget Sound Naval Shipyard Complex
Bremerton
WA

South Weymouth Naval Air Station
Weymouth
MA

St. Juliens Creek Annex (U.S. Navy)
Chesapeake
VA

Treasure Island Naval Station-Hunters Point Annex
San Francisco
CA

USN Air Station Cecil Field
Jacksonville
FL

Washington Navy Yard
Washington
DC

Whiting Field Naval Air Station
Milton
FL

Willow Grove Naval Air and Air Reserve Station
Horsham
PA

Yuma Marine Corps Air Station
Yuma
AZ

TCE/PCE Petition Drive Needs Veterans’ Support

The Veterans for Change (VFC), a proactive veteran service organization, drafted a petition to Congress in February 2009 for legislation to include exposure to trichloroethylene (TCE) and tetrachloroethylene (PCE) for military bases contaminated with these toxic chemicals under the VA's Presumptive Disability category.

According to Jim Davis, founder of VFC, the organization’s mission is to promote positive changes in the treatment and rights of all veterans and their families, especially relating to benefits claims, medical treatment, VA facilities, PTSD, Agent Orange, POW/MIA recoveries, and related issues. (See: http://groups.yahoo.com/group/VETERANS-FOR-CHANGE/)

Davis said more signatures are needed to push for the reintroduction of The TCE Reduction Act, which never reached the 110th Congress for a vote.

According to Davis, this legislation will not only benefit veterans, but all Americans since TCE/PCE are two toxic chemicals contaminating many water supply systems throughout the country.

Congressional Testimony

Congressional testimony from Dr. Thomas Sinks, Deputy Director, Agency for Toxic Disease Registry (ASTDR) on June 12, 2007, to the Committee on Energy and Commerce, Subcommittee on Oversight and Investigations, United States House of Representatives confirms the toxicity of these two chemicals: “TCE is a colorless liquid which is used as a solvent for cleaning metal parts. Occupational exposure to TCE may cause nervous system effects, kidney, liver and lung damage, abnormal heartbeat, coma, and possibly death. Occupational exposure to TCE also has been associated with adult cancers such as kidney cancer, liver and biliary cancer, and non-Hodgkin’s lymphoma. TCEin drinking water has been associated with childhood leukemia in two studies and with specific birth defects such as neural tube defects and oral clefts in one study.”

Dr. Sinks commented that: “PCE is a manufactured chemical used for dry cleaning and metal degreasing. Occupational exposure to PCE can cause dizziness, headaches, sleepiness, confusion, nausea, difficulty in speaking and walking, unconsciousness, and death. Exposure to PCE-contaminated drinking water has been linked with adult cancers such as non-Hodgkin’s lymphoma, leukemia, bladder cancer, and breast cancer.”

Chemicals Widely Used
Both chemicals were used by industry and the military for many years without regard to sound environmental disposal practices. For example, dumping TCE waste into sanitary sewers and sometimes the bare ground, for example, led to the contamination of groundwater and drinking water throughout the United States.

An unknown number of veterans have been exposed to TCE. In 2003 the Air Force reported 1,400 military sites contaminated with TCE.

The Marine Corps Times reported 22 military bases with contaminated TCE water in June 2007. (See: http://www.marinecorpstimes.com/news/2007/06/marine_water_list_070625/)

TCE Reduction Act

Senator Hillary Clinton led an unsuccessful attempt to reduce exposure to TCE in the U.S. Senate in 2007.

The TCE Reduction Act of 2008 (or the Toxic Chemical Exposure Reduction Act of 2008) was introduced in the US Senate by then Senator Hillary Clinton on August 1, 2007 and co-sponsored by Sen. Amy Klobuchar [D-MN], Sen. Barbara Boxer [D-CA], Sen. John Kerry [D-MA], Sen. Elizabeth Dole [R-NC], Sen. Joseph Lieberman [I-CT]. Sen. Bill Nelson [D-FL] and Sen. Frank Lautenberg [D-NJ].

The TCE Reduction Act of 2008 (S. 1911) never became law. Congressional sessions last two years, and at the end of each session all proposed bills like S. 1911 that haven't passed are cleared from the books. Never reaching the floor for a vote, S. 1911 expired at the end of the Congressional session.

VFC Proposed Draft Legislation
The VFC’s petition to reintroduce the legislation as the TCE/PCE Reduction Act includes a provision to make honorable discharged veterans who served at any military base on the EPA Superfund list (133 bases as of the latest count) eligible for the Department of Veterans Affairs’ “Presumptive Disability” umbrella when applying for VA disability compensation from exposure to TCE/PCE.

The draft legislation requires the Administrator of the Environmental Protection Agency and the Secretary of the Department of Veterans Affairs to establish, by not later than 180 days after the date of enactment of this Act:

• A health advisory, including cancer risks, for trichloroethylene and tetrachloroethylene in drinking water that fully protects susceptible populations (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure to trichloroethylene;

• An integrated risk information system reference concentration of trichloroethylene and tetrachloroethylene that is protective of the susceptible populations from vapor intrusion, taking into consideration the factors described in that subparagraph;

• To promptly establish a national primary drinking water regulation for TCE and PCE that fully protects susceptible populations (including pregnant women, infants, and children), taking into consideration body weight, exposure patterns, and all routes of exposure; and

• To include honorably discharged veterans eligible for VA presumptive disability for illnesses linked to exposure to TCE or PCE whenever these contaminants are listed as Contaminants of Concern by the Environmental Protection Agency for a military base placed on the EPA National Priority List.

Presumptive Disability Needed

The VA denies claims of veterans without substantial supporting documentation, including an opinion from a medical doctor that the illness was “at least as likely as not” due to exposure to TCE/PCE in the military. For many veterans this is a “catch twenty-two situation.”

The military base they were stationed at has high levels of TCE/PCE. Their illness is one that can be caused by exposure to TCE/PCE. They can’t work because of their disability. The VA requires “proof” that their disability including a medical opinion or nexus statement that links the illness to military service.

A disabled and unemployed veteran is unlikely to have the means to pay for a medical opinion and nexus statement from an expert medical specialist. For example, a telephone call to a Southern California medical doctor and toxicologist showed that a short opinion letter (one typed page) would cost approximately $3,000. In this economy, this is not a small amount of change, especially to a disabled veteran.

The VA’s Presumptive Disability entitlement eliminates the need for an expensive medical nexus statement.

How does "presumptive entitlement" work? If one of the medical conditions linked to TCE/PCE exposure is diagnosed in a veteran and the veteran served in a location contaminated with TCE/PCE, the VA presumes that the circumstances of his/her service caused the condition, and disability compensation could be awarded.

The VA currently has four groups of veterans under the Presumptive Disability category. These include former POWs, Vietnam veterans (exposed to Agent Orange); atomic veterans (exposed to ionizing radiation); and Gulf War veterans.

There’s medical support of the heath affects of TCE/PCE exposure (including the EPA and the National Academy of Sciences). TCE/PCE were widely used chemicals by the military and industry for decades, many bases have documented TCE/PCE contamination, and many veterans were exposed to these carcinogens and suffer the effects of exposure.

For MCB Camp Lejeune and MCAS El Toro Marine veterans the introduction and passage of this legislation will have special meaning.

Despite the years of data documenting the contamination of Lejeune's base wells and a number of deaths linked to the base wells, Jerome Ensminger, a retired Camp Lejeune Marine who witnessed the death of his 9 year old daughter to leukemia from contaminated base water, cautioned that Lejeune veterans can still expect their VA disability compensation claims to be denied but will win on appeal. However, veterans should know that the VA disability compensation appeal process can be lengthy and exhausting with no guarantees.

El Toro Marines can expect VA denials for exposure to TCE/PCE in the base's drinking water, despite the thousands of pounds of TCE/PCE cutting a path through the base wells.

El Toro appears to be a bigger uphill fight for veterans. While Lejeune has lots of evidence of support for contamination of base wells and remains an active Marine Corps base, El Toro was officially closed in July 1999 and the missing documentation raises a number red flags and lots of unanswered questions.

With serious and unanswered questions about the base’s water distribution system and the possible contamination of base wells, an El Toro Marine veteran even with a disease linked to TCE/PCE exposure can expect an uphill fight to win a VA disability compensation claim. Sadly, despite the best motivation, an El Toro Marine veteran with stage 4 bladder cancer is unlikely to have the time or health to win the battle.

Presumptive disability for diseases linked to TCE/PCE contamination is the fairest way to honor the service of veterans. According to Davis, unless the proposed TCE/PCE Reduction Act is passed with the presumptive disability provision, an unknown number of veterans will be denied medical benefits and compensation. Davis urges all veterans and Americans to get support this effort by signing the petition to Congress.

For more information on the VFC petition, email Jim Davis at jdavis92840@sbcglobal.net.

Navy Hypes "El Toro Story"

El Toro's base wells were sealed by the Navy without inspection for well screen intervals after one screen was found in the contaminated aquifer. An international epidemiologist and radiation expert recommends the Navy do blood tests on Marines for radiation exposure in one hangar on the former base.

The Navy failed to inspect base wells for location of well screens before sealing them, ignoring evidence that a former MCAS El Toro’s base well was contaminated with trichloroethylene (TCE), a known carcinogen.

Contamination from Radium 226 once used as a fluorescent paint on aircraft instruments and gauges at El Toro was found in one hangar. Groundwater near several base landfills had elevated levels of radiation.

The Navy, responsible for El Toro cleanup, has not disclosed the failure to inspect all base wells for the well screen interval before their destruction nor made public report on radiation at the former base.

The Navy has released at least three “fact sheets” on El Toro as part of the effort to inform the public. Nothing was said about faulty well destruction process or the radiological studies on the base.

We obtained a copy of the Radiological Report on two huge maintenance hangars under the Freedom of Information Act (FOIA). A area of one hangar where the radium paint room was located was found contaminated with radium.

The report is almost seven years old. The California Department of Public Health has not approved the hangar for unrestricted use, citing concerns over the Navy’s radiological survey.

MCAS El Toro was once the premier Marine Corps Air Station. After trichloroethylene (TCE) was discovered off base in 1985, El Toro was placed on the EPA Superfund list and eventually closed in July 1999. The Navy sealed the base wells from 1998 to 2006. Thousands of men and woman served at El Toro over 56 years. The human cost from exposure to carcinogens like TCE and Radium 226 is incalculable.

No veteran, dependent or civilian worker at El Toro was informed of the health effects of their possible exposure to toxic chemicals and Radium 226.

This is not unusual since there is no regulatory requirement to notify veterans and others at any military base on the EPA Superfund list of what EPA calls the “Chemicals of Concern.”

TCE was used as a degreaser on aircraft at El Toro for decades before safe environmental practices were implemented. The Navy traced the source of the TCE to the highly industrialized southwest quadrant of the base, the home of the Marine Wing Service Group-37. The clean-up continues today and will not be completed for years.

For the Navy, the hundred of millions spend on El Toro remediation and the transfer of the former base to local authority is a success story.

The Navy sold much of the former base to a joint venture headed by Lennar Corporation in 2005 for $650 million. For those who served at El Toro or worked as civilians on the base and now are seriously ill, the story is anything but a success.

TCE and Radiation

In 1985 the Orange County Water District discovered TCE near El Toro. The source of the toxic chemical was traced to the base, resulting in its placement on the EPA Superfund list.

El Toro kept no TCE usage records. The Navy estimated 8,000 pounds of TCE in the soil and groundwater under the base. The city of Irvine consultants estimated the amount at 700,000 pounds.

There is no disagreement that the TCE plume cut its path right through the base wells.

A Navy groundwater monitoring report from 2000 estimated that the TCE in the groundwater in the immediate area of the base wells ranged from 50 ug/L to 500 ug/L or from 10 to 100 times the EPA Maximum Contaminant Level (MCL).

In fact, Navy and EPA reports show that the shallow groundwater unit (SGU) is contaminated with TCE and other Volatile Organic Compounds (VOCs) like tetrachloroethylene (PCE).

Both the Navy and EPA insist that the base wells were safe from contamination.

The Navy reported that an impenetrable clay barrier from 70 to 140 feet thick named the Intermediate Zone stopped the toxic chemicals from contaminating the base wells.

In fact, our review of Navy well destruction reports obtained from the Orange County Health Agency showed that inspection by a Navy contractor on the first well selected for destruction in 1998 the found well screen at 210 feet below the ground surface or about 50 feet above the clay barrier in the SGU. TCE was found in this well. The report was never made public by the Navy.

The remaining base wells were destroyed without inspecting them for the location of the well screen intervals.

Navy Gets Facts Wrong

In August 2008, the Navy published an attractive, slick blue and gold colored fact sheet on the internet describing the groundwater cleanup activities at former Marine Corps Air Station (MCAS) El Toro. See: www.bracpmo.navy.mil.

The purpose of the fact sheet was “to provide the community with an update of groundwater cleanup activities” for Site 18 (the Principal
Aquifer or PA) and Site 24 (the Shallow Groundwater Unit or SGU).

The information on the SGU was apparently intended for veterans and their dependents and civilian workers who lived and worked on the base prior to its closure and had concerns about the base wells.

The Navy reported that six base Navy wells were constructed during WW II at total depths from 440 to 645 feet below the ground surface; the combined flow from these six wells was 900 gallons/minute in August 1945; and the depths and pumping rates were consistent with the current and historic supply and irrigation wells in the greater Irvine Subbasin.

All of this is reassuring information to the Marines, dependents and civilian workers—the consumers of water from the base wells. However, the information was just not accurate.

We found that the Navy production reports showed only four of the six wells were ever in production at any one time and the combined maximum output of these was 41,071,400 gallons in August 1949, not August 1945 as reported.

Navy Well #3 was a dry hole while Navy Well #4 was in production for only five months during this period.

Contrary to the Navy report, not all of the wells were constructed by the Navy in WW II. We found that Navy Well #1 was originally Irvine Company Well #57. As of May 1943, Well #57 had become Navy Well #1.

More important to the community of veterans, dependents and workers, the Navy failed to disclose the location of the well screens, only the depths of the wells.

To the uninformed reader, the depth of the wells provided protection since the contaminated SGU was separated from the principal aquifer by 70 to 140 feet thick layer of impenetrable clay.

The Navy failed to mention that the original construction drawings with the well screen locations were lost or that the well screen interval and not the depth of the wells determined the first point that water and contaminants entered the well.

A review of the well destruction reports on file at the Orange County Health Agency in Santa Ana showed that the Navy inspected only one well prior to sealing them and never looked for another well screen after the consultant reported the well screen interval started in the contaminated SGU.

In March 1998, the Navy contracted with OHM Services Corporation, Irvine to scrub the well casing, locate the well screen and video tape the well casing on Navy Well #4. OHM reported that the well screen was a series of vertical slots hand cut by torch from 210 feet to 494 feet below the ground surface (bgs).

Since the shallow groundwater unit went to 260 feet below the ground surface, about 50 feet of the screen was in the contaminated SGU. OHM reported chemical analysis of the well taken in August 1995 by another contractor found 12 ug/L of TCE. The EPA Maximum Contaminant Level for TCE is 5 ug/L.

Instead of inspecting the other wells before their destruction, the Navy ignored the findings from Navy Well #4 and sealed the wells without knowing the location of the well screen intervals.

The TCE plume spreading into Orange County cut a path right through the base wells. The TCE plume put the wells at risk for contamination.

The Intermediate Zone of clay provided an effective barrier to contamination only if the well screens were not located in the contaminated SGU.

The Navy’s decision not to inspect other wells for the well screen intervals before sealing them is unconscionable. Marines and others on the base drank and showered in this water.

If the other well screens were in the SGU like Navy Well #4, then the base water supply was at risk for contamination with toxic chemicals.

Municipal Water

The Navy fact sheet reported the purchase of municipal water from the Metropolitan Water District in February 1951, which was succeeded by the Irvine Ranch Water District in July 1969.

Did El Toro abandon the base wells as early as February 1951? The Navy reported there were no pumping records for the wells after December 1950.

However, we found evidence that the base wells were in use long after the MWD contract.

Despite no reports of water shortages in the aquifer under the base, the Navy reported the construction of an 18-inch water supply pipeline in the 1950s, followed by the award of municipal water services contracts with the Metropolitan Water District in February 1951 and with the Irvine Ranch Water District in July 1969.

FOIA requests were made to the Navy for copies of the supporting documentation for both contracts. Supporting documents may have been destroyed and are no longer available.

The possibility that the Navy may have abandoned the base wells in 1951 by purchasing municipal water defies common sense.

It doesn’t make sense for the Navy to abandon productive wells that were less than 10 years old.
Based on our review of El Toro engineering drawings, it’s clear that the base wells were abandoned on or before 1986. We were unable to find any information on the actual dates the base wells were abandoned. The Navy could only confirm that well pumping records abruptly stopped as of December 1950.

We did find that Navy's 4 wells were good producers and with Well #4 back in service, they had 5 of the 6 wells available for water for the entire base.

There were no tests for TCE in 1950 so this was not a factor in the decision to purchase municipal water.

It takes quite an imagination to believe that the Navy woke up one day and simply decided to purchase municipal water from the Metropolitan Water District. Water is not an inexpensive commodity in Southern California.

Navy procurement regulation for negotiated contracts with MWD and IRWD required technical justification to support purchase. The problem is the supporting documentation is with the official government contract files now apparently destroyed.

Total Dissolved Solids ("Salts")

Evidence supports that the levels of total dissolved solids (“salts”) from the SGU caused service disruptions to the base wells and may have been behind the decision for the Navy to construct the 18-inch pipeline and purchase municipal water.

The Navy production records showed service disruptions in Navy Wells #4, #5, and #6. We also found an early El Toro Public Works Department engineering drawing from 1948 “Repairs to Wells and Pumping Equipment.”

Based on information from the Navy obtained by FOIA, the MWD contract provided for the delivery of one cubic foot/second of “softened water” for El Toro and the nearby Santa Ana Air Facility.

To most of us that’s a lot of water, but based on our calculations not enough to support the water needs of El Toro and the nearby Santa Ana Air Facility.

The United States Geological Survey defines cubic foot per second (cfs) as "the flow rate or discharge equal to one cubic foot of water per second or about 7.5 gallons per second." Converting the one cubic foot per second into gallons equals about 648,000 gallons/day for both installations (7.5 x 60 x 60 x 24).

Even if all of the water went to El Toro and none to the Air Facility, the supply of water from MWD was only 50% of the maximum output of 4 Navy wells (900 gal/minute x 60 minutes x 24 hours or 1,296,000 gallons/day).

Based on these facts, it’s obvious that the MWD municipal water contract was not intended to replace the base wells but, more likely than not, intended to supplement the “hardened water” well water with softened water, helping to extent the useful life of the wells and pumps.

It’s obvious the intent of the Navy fact sheet is to dismiss the base wells as an issue as early as February 1951.

You would have to believe in the tooth fairy to be convinced that the Navy and Marine Corps walked away from Navy wells that early without good cause.

The Navy never stated the base wells were abandoned in 1951, but their Fact Sheet strongly suggest it. However, in this instance, the data just doesn’t support this conclusion.

What about the follow-on municipal water services contract with the Irvine Ranch Water District? We obtained a copy of the July 1969 contract from IRWD.

This contract estimated daily demand of 1,730,000 gallons/day for El Toro. However, the government was not obligated to purchase this quantity. This daily estimated daily demand in 1969 exceeded the maximum daily output from the 4 Navy wells (1,296,000 gallons/day).

When Where the Navy Wells Abandoned?

TCE tests in drinking water were not available until the 1980s. However, the Navy’s Bureau of Medicine and Surgery Instruction 6240.3C, dated August 25, 1972, set a standard for chlorinated hydrocarbons at 3 to 100 ppb in 1972. The Bureau of Medicine and Surgery required that any drinking water exceeding the chlorinated hydrocarbon standard be rejected

Chlorinated hydrocarbons are a group of chemicals composed of carbon, chlorine and hydrogen. TCE is a chlorinated hydrocarbon. As early August 1972, the Navy had the means to test for chlorinated hydrocarbons in the drinking water.

There are no laboratory analysis reports available for El Toro’s base wells so unless someone with inside information comes forward, it’s impossible to confirm whether any chlorinated hydrocarbons were found in El Toro base wells.

Since TCE was found in Navy Well #4 in 1995, it’s possible as early as 1972, the Navy and Marine Corps may have been aware that this well if not abandoned by then and possibly others exceeded the Navy’s drinking water standard for chlorinated hydrocarbons.

Ordinarily, you would expect the Navy and Marine Corps to continue to use the base wells until the water was found to be contaminated or the mounting repair costs and service disruptions forced the abandonment of the wells.

The fact sheet does not address any of these issues nor does it provide any explanation of the missing El Toro water distribution engineering drawings. These drawings would provide evidence of the use of the base wells.

Using FOIA, we requested copies of El Toro’s water distribution drawings. We found a kind of “Bermuda Triangle” between 1954 and 1986. Between these 32 years, there are no engineering drawings on El Toro’s water distribution system. A 1954 engineering drawing clearly showed 5 Navy wells as part of the water distribution system (including Navy Well #4). By 1986, all of the Navy wells are gone and only the Irvine Company Well #55 remains (this well was on the property as early as 1942).

Our conclusion is that between 1954 and 1986, the Navy and Marine Corps abandoned the Navy wells at El Toro. It’s possible that someone who worked in the El Toro’s Public Works Department knows the actual dates, but so far, no one has volunteered any information.

There’s no spin anyone can put on the decision not to locate all well screen intervals. Given that the TCE plume cut a path through the base wells and the known toxicity of ingestion of TCE contaminated water, the decision not to inspect all wells for the screen interval prior to sealing them is at best irresponsible and at worst a deliberate cover-up.

Radium Contamination Reported

As part of the base closure process, the Navy contracted with Roy F. Weston, Inc. to perform a Historical Radiological Assessment (HRA) of El Toro. A copy of Weston’s May 2000 HRA was obtained via FOIA from the Navy.

Aircraft containing radioactive equipment and safety devices had been stationed and worked on at El Toro. Based on interviews, review of documents, and informal surveys, Weston recommended radiological surveys of a number of sites on El Toro for further investigation.

Among these sites were the Original Landfill, the Perimeter Road Landfill, Magazine Road Landfill, Communication Station Landfill, and several hangars, including Hangar 296, the site of a Radium Paint Room.

Radium 226 and 228 were found in the groundwater in the landfills while areas in the north mezzanine of Hangar 296 were reported contaminated with Radium 226.

In Hangar 296, Weston found elevated radioactive levels within the “former radium room, paint room, and ventilation ducting over the north mezzanine.” Portions of the concrete floor title, ventilation ducting and sewage piping were found contaminated, removed and deposited off-station. The Navy reported the area fully remediated and ready for release for unrestricted use.

In July 2002, Weston prepared “Final Radiological Release Report for Hangars 296 and 297.” The Navy forwarded the report to the California Environmental Protection Agency’s Department of Toxic Substances Control recommending that that these two hangars be released for unrestricted use.

Hangar 297 was released for unrestricted use, but Hangar 296 was not. Follow-up with CDPH showed that CDPH had “concerns” over the radiological survey in Hangar 296. No additional details were available from the state.

Based on the Navy’s Weston report of Hangar 296 and state unexplained concerns over the radiological survey, it appears the Marines who worked in the north mezzanine of the hangar are at risk for exposure to radiation.

Blood Test for Radiation Exposure

Information from Dr. Rosalie Bertell, Ph.D, an international renowned epidemiologist and acknowledged expert in radiation, indicated that the Navy could perform a blood test to determine whether anyone at El Toro was exposed to radiation.

Dr. Bertell in an April 14th email stated that: “The Navy could perform a chromosome breakage test. Radiation exposure causes a second break of the DNA before the first has time to be repaired, producing signature Rings and Dicentrics. This is usually visible for years after exposure. It requires only a blood sample, and they have good estimates of normal occurrence of these types of breaks due to background radiation. It would not take much effort to undertake this type of testing, and it could be easily analyzed at Oakridge. Probably you should have split samples and send one sample to a non-government agency to be sure. The Cytogenetics Laboratory at Roswell Park Cancer Research center in Buffalo NY would be able to do it. There might also be a center near to where you live. If you have already had radiation therapy for the cancer, this would falsify the test.”

“The military has been careless with toxic and radioactive materials. I think it is part of the mind set which allows them to handle these things!”

A petition to the Navy Public Health Center to evaluate the risk of occupational exposure to radiation and toxic chemicals at El Toro, including a chromosome breakage blood test for those interested is on the interest.
(See: http://www.gopetition.com/petitions/cdr-melissa-mohon-usn.html)

Human Impact

The following personal accounts are anecdotal but demand evaluation and investigation by appropriate authority. These comments are from Marine veterans, dependents, and civilian workers who were stationed or worked at former MCAS El Toro.

One MWSG-37 Marine recalls using an overhead crane to hoist 55 gallon drums of TCE, which were then, emptied into a large vat in one of MWSG-37’s huge maintenance hangars. The tank was heated and a metal basket with parts to be cleaned was lowered into the vat. Very effective. Within seconds the parts were cleaned. You can guess where the waste ended up.”

Another Marine in the same group reported that he “saw a lot of TCE ‘up close-and-personal’ as the aircraft strip was done just below us [Bldg. 296]. At the TCE ‘hose-down’ stage, clouds of the stuff would waft on the wind—get into the upper level [of the hangar]. As I recall, a single F9F could use up to a 1/3rd of a 55 gallon drum. Excess TCE simply drained into a sump outside the hangar door. If you were entering or exiting the hangar while this segment was underway, you had to stand back and not let the stuff get on your uniform of the day. If you got spritized—goodbye your clothing—would eat away the cloth like a moth…a lot of Marines are either dead or dying (family members included). You can see this by reading the Marine Air Transport Association quarterly newspapers going back to 2000. The ‘obits’ would leave one to believe that dozens of these Marines—spanning literally decades of service—have died from conditions that fairly scream out ‘CLUSTER CANCER’ with TCE fingerprints.”

Susan, wife of an El Toro Marine, wrote that: “When my Marine husband developed brain cancer, his neurosurgeon asked if he had ever been exposed to toxic chemicals. He was stationed at El Toro and Camp Lejeune [both TCE contaminated bases] in the 1960s but we knew nothing of the TCE/PCE exposure. My husband died March 24, 2008.”

Susan’s note really caught my attention. I had a seizure before a prostate operation in July 1987. On follow-up, a neurologist asked if I had ever been exposed to chemicals. I had not and asked him why the question. He replied that my symptoms were typical of someone who had been exposed to chemicals. In 2005, I survived stage 2/3 bladder cancer, which is linked to exposure to TCE and possibly Radium 226 at El Toro. I worked and slept on duty watch in Hangar 296, right above the former Radium Paint Room.

Elmer, an El Toro Marine, wrote: “I have Crohn’s disease and have had it for about 40 years. I spent two years at El Toro.”

Richard, another El Toro Marine, wrote: “I served at El Toro in 1965. I now have multiple physical and other problems. I am on disability and always thought I was too young to have the problems I have.”

This one caught my eye. So far we have been unable to track down Lorraine and her brother in California. Both were at El Toro the same time as me. I didn’t know personally. Lorraine wrote: “My brother and I were stationed at El Toro between 1964 and 1967. We both have many physical problems. My brother developed cancer of the throat two years ago and was actually dead for 45 seconds. I have COPD and need a breathing device to sleep at night.”

A retired Marine Corps Gunnery Sergeant wrote: “You say that these chemicals were only used until the mid 1970's but I know for a fact that they were used up until the early 1990's. How do I know because we used them OFTEN. As you said they were a degreaser and an outstanding one at that. They were also used for hydraulic contamination testing and keeping hydraulic components and equipment clean. When I was with VMA (AW)-121 and MALS-11 we would use the stuff daily (1-5 gallons). I think the hangers that you are referring to are the KC-130 hangers on the west end of the base. I do know of a Marine that spent most of his career in that hanger and died of cancer soon after retiring (months), the VA/USMC claimed not military related. We took up a big collection in the squadron/KC-130 community to help his family pay for medical bills.”

This note from a mother set off alarm bells: “I am adding my daughter Sarah Ann to the list as she developed ALL (Acute Lymphocytic Leukemia) in 1991 at the age of 12 while living in base housing at El Toro Marine base and attending school at the El Toro Marine School.” At Camp Lejeune, the government confirmed the death of 16 children from exposure to TCE in contaminated base wells.

What’s Next for the El Toro Story?

Government spin should never be a substitute for the truth. We live in an imperfect world. Mistakes are made. People get injured.

It’s apparent to me from the almost total lack of concern over the impact of exposure and the health effects to the community of Marines, their dependents, and civilian workers that action needs to be taken by the Navy Marine Corps Public Health Center to evaluate the risk of exposure to VOCs and radiation and to offer the chromosome breakage blood test to confirm exposure to radiation.

At this point, the jury is out: Will the Navy do the right thing? Only time will tell.

.

El Toro’s Radium Contaminated Hangar ‘in Limbo’

A huge maintenance hangar at former MCAS El Toro remains “radiological restricted” over California Department of Public Health concerns about a Navy radiological survey.

The California Department of Public Health (CDPH) has not approved an MCAS El Toro hangar contaminated with Radium-226, despite a July 2002 Navy report recommending unrestricted use. The Navy recommended that Hangar 296 and 297 be “radiologically released” from unrestricted use in July 2002. The Radium 226 was found only in Hangar 296. CDPH did release Hangar 297 for unrestricted use, but not its twin, Hangar 296.

Both maintenance hangars have been identified as sources of the trichloroethylene (TCE) plume spreading into Orange County’s principal aquifer. Follow-up by the Salem-News.com with CDPH indicated that the state had concerns about the Navy’s radiological survey of the hangar. CDPH did not respond to requests for additional information on the specific concerns preventing unrestricted use.

Based on an agreement with the U.S. Nuclear Regulatory Commission, CDPH “has been designated as the agency responsible for administering programs to protect the citizens of California from unnecessary exposure to radioactive materials. Although the NRC has responsibility for monitoring facilities under Federal jurisdiction, DHS becomes involved when a Federal facility, such as MCAS El Toro, is undergoing closure in a plan to revert to State control.”

Radium 226 (Ra-226) at high levels is a known human carcinogen. Navy monitoring wells on base reported elevated levels of alpha radiation from Ra-226 in groundwater confined to an area near several landfills, but there does not appear to be any risk of exposure to local residents. However, no efforts were made to contact Marine veterans who worked in the area and may have been exposed to radiation.

For some Marine veterans of El Toro, the news of Ra-226 contamination in this hangar must seem like a “double whammy.” Hangars 296 and 297 had been identified by EPA as primary sources of the trichloroethylene (TCE) plume, spreading into Orange County for over twenty years. No El Toro Marine veterans were ever notified by the Navy or Marine Corps of their possible exposure to TCE and its health effects and it appears unlikely that any veterans who worked in Hangar 296 will be informed of their possible exposure to Ra-226 and its health effects.

El Toro closed in July 1999 with much of the former base sold at a public auction in July 2005. Many El Toro veterans are now geographically dispersed throughout the country. Even if the Defense Department was required to notify these veterans, it would not be an easy task. For example, there is no database for the Navy or Marine Corps to readily identify El Toro veterans. EPA, responsible for oversight of Superfund sites like El Toro, has not even listed Ra-226 as a contaminant of concern so anyone accessing EPA’s El Toro Superfund site would be unaware of their possible exposure to Ra-226.

Hangar 296, constructed in 1944 is over 200,000 square feet in area. It is the second of two huge maintenance hangars in the highly industrialized section of El Toro. The hangar was the site of the base’s radium paint room, located in the lower north mezzanine of the building. According to the Navy, the radium paint room operated from the 1940s until the mid-1960s. Marines used radium luminescent paint on military aircraft’s instruments and gauges to allow pilots to fly at night without detection. The use of Ra-226 for this process was discontinued by the Navy and Marine Corps in the 1960s.

A radium paint room was a common feature on many military airfields. Discovered by Marie and Pierre Curie in 1893, radium salts were first mixed with zinc sulfide during WW I to make a luminous paint. The luminous paint was used on various military instruments and gauges. Alpha particles from the radium collided with zinc sulfide molecules emitting a light over the painted surface. It served as an effective means of illuminating watches and even gun sights to allow the user to view the item at night.

One major problem with Ra-226 is that it has a half-life of 1,600 years. According to McGraw-Hill’s Encyclopedia of Science and Technology, “half life is the average time interval required for one-half of any quantity of identical radioactive atoms to undergo radioactive decay.” When radium decays, it divides into two parts. Radiation is one part and the second part or daughter is like radium unstable and divides into radiation and another daughter until a stable, nonradioactive daughter is formed. During this lengthy decay process, alpha, beta, and gamma radiations are released. For example, if there were 2 grams of Ra-226 in the year 409, then 1 gram would still remain in 2009. It’s obvious that any Ra-226 contaminants will be around a long time.

Radiological Survey

Roy Weston, a Navy consultant, reported in July 2002 that engineering drawings and a base radiological assessment “showed the existence of a radium room and supporting rooms in the north mezzanine of Hangar 296. Records have been found to substantiate that refinishing of radio-luminescent dials was authorized from March 1949 to October 1950. In addition, other areas of Hangars 296 and 297 stored and used aircraft equipment containing radioactive strontium and krypton until closure in 1999.”

Based on a review of Weston’s report, the Navy contractor reported that “all areas [in the hangar] “were considered impacted and were surveyed. Impacted areas were further divided into one of three classifications:

Class 1 Areas: Areas that have, or had, a potential for radioactive contamination
based on site history, or known contamination above established release limits.

Class 2 Areas: Areas that have, or had, a potential for radioactive contamination
based on site history, but are not expected to exceed established release limits.

Class 3 Areas: Areas that are not expected to contain any residual radioactivity.
These areas have a very low potential for residual radioactive contamination, but

insufficient information exists to justify a non-impacted classification.

Roy Weston’s radiological survey results showed that most of the lower North mezzanine Hangar and a section of the upper North mezzanine (administrative work space) were classified as either Class 1 or Class 2 areas.

The Navy completed remediation activity in the hangar, including dismantling the entire portion of the ventilation system from the radium room and removing it from the area, resurfacing the hangar roof, removing plumbing system components, and removal of some floor tiles.

An unanswered question is what’s holding up the state’s approval of unrestricted use of this hangar?

California Law Firm Seeks Injured El Toro Veterans & Workers

A legal review and evaluation of possible injuries and deaths related to exposure to TCE/PCE at former MCAS El Toro is underway by a Southern California law firm. There is no cost for the review or commitment for legal representation. Veterans, dependents, and civilian workers are encouraged to contact the law firm.

A trichloroethylene (TCE) toxic plume was discovered in 1985 off of Marine Corps Air Station (MCAS) El Toro, California. El Toro was placed on the EPA Superfund list in 1990, closed in July 1999, and most of the land sold at a public auction in 2005.

Once the Marine Corps’ premier air station, the former base sits deserted, a number of building torn down, part of the former base leased to Cal State Fullerton for classes, buildings demolished, most of the runways, taxiways and aprons still in tack, while according to the OC Register, Lennar has spent the “the last few months demolishing and removing existing El Toro structures to make way for grading.” (See: http://collegelife.freedomblogging.com/2009/02/04/csuf-campus-in-south-county-is-moving/2680/)

Two huge maintenance hangars in the industrial portion of the base were found to be the source of the toxic plume spreading off the base. Multiple contaminants were found on base near landfills, including radionuclides (Uranium 235, Radium 226 and Radium 228).

A radium 226 paint room and administrative office space in Hangar 296 were contaminated with radium. The radium 226 paint room was used decades ago to make a fluorescent paint for aircraft gauges and instruments. Some of the radium waste wound up in base landfills. The administrative space above the radium paint room was once occupied by the 3rd Marine Aircraft Wing’s Supply Support Division. The California Department of Public Health, citing concerns over the radiological survey conducted by the Navy, has not released this hangar for unrestricted use, even though the Navy completed a “final” radiological report in 2002.

As is the case with the other 132 military bases on the EPA Superfund list, no veteran, dependent or civilian employee has been notified of their possible exposure to contaminants and the health effects.

El Toro’s Laundry List of Contaminants
EPA lists multiple Contaminants of Concern for El Toro on their internet site. According to EPA: “COCs are the chemical substances found at the site that the EPA has determined pose an unacceptable risk to human health or the environment. These are the substances that are addressed by cleanup actions at the site. Identifying COCs is a process where the EPA identifies people and ecological resources that could be exposed to contamination found at the site, determines the amount and type of contaminants present, and identifies the possible negative human health or ecological effects that could result from contact with the contaminants.” (See:

http://cfpub.epa.gov/supercpad/cursites/csitinfo.cfm?id=0902770

For each COC, the EPA internet site links the reader to the health effects identified by the Agency for Toxic Substances Registry (ATSDR). ATSDR under the Department of Health and Human Services, is responsible for performing for performing public health assessments of EPA Superfund sites.

Trichloroethylene (TCE) and tetrachloroethylene (PCE) are two toxic chemicals found in the base’s the soil and groundwater. TCE and PCE are both excellent cleaning solvents. TCE was used at El Toro for decades to degrease aircraft parts and for other applications. PCE was used as a metal degreaser and dry cleaning solvent in the base drying cleaning facility in the industrial portion of the base, now repository of the administrative records supporting the Navy’s clean-up activities.

What are the health effects of TCE/PCE exposure?
ATSDR reported a number of health problems in children who were exposed in the womb from their mother drinking water contaminated with TCE and/or PCE include:
Leukemia
Small for gestational age
Low birth weight
Fetal death
Major heart defects
Neural tube defects
Oral cleft defects (including cleft lip)
Chonal atresia (nasal passages blocked with bone or tissue)
Eye defects
Miscarriage
Major malformations

ATSDR reported health problems in people of all ages from drinking water contaminated with TCE and/or PCE include:

Non-Hodgkins lymphoma
Bladder cancer
Breast cancer
Lung cancer

ATSDR reported health problems in people of all ages from working with TCE and/or PCE include:
Hodgkins disease
Non-Hodgkins lymphoma
Cervical cancer
Kidney cancer
Liver/biliary cancer
Ovarian cancer
Prostate cancer
Neurological effects (delayed reaction times problems with short-term memory, visual perception, attention, and color vision)

Radium 226 Health Effects
ATSDR reported that: “Radium has been shown to cause effects on the blood (anemia) and eyes (cataracts). It also has been shown to affect the teeth, causing an increase in broken teeth and cavities. Patients who were injected with radium in Germany, from 1946 to 1950, for the treatment of certain diseases including tuberculosis were significantly shorter as adults than people who were not treated.”

How likely is radium to cause cancer?
ATSDR noted that: “Exposure to high levels of radium results in an increased incidence of bone, liver, and breast cancer. The EPA and the National Academy of Sciences, Committee on Biological Effects of Ionizing Radiation, has stated that radium is a known human carcinogen.” (See: http://www.atsdr.cdc.gov/tfacts144.html)

No Cost or Commitment for Legal Review
El Toro veterans, dependents, and civilian workers with injuries possibly related to exposure to TCE/PCE, radium and other contaminants at former MCAS El Toro can contact Mr. Michael E. Gates, Carroll, Kelly, Trotter, Franzen and McKenna, 111 W. Ocean Boulevard, 14th Floor, Long Beach, California 90802-4646, Telephone: (562) 432-5855. Facsimile: (562) 432-8785. megates@cktfmlaw.com.

Mr. Gates told me that there is no cost to this legal review. However, there is a need for information from injured parties: “Now that we are moving forward on this, I will need names and contact info, although I do not necessarily need to be contacted personally. I will also need retainers signed by everyone individually, but I will send out a standard PDF version that can be printed, signed, and sent back to me. This retainer will just say that the injured party agrees to have us represent them and also binds us with confidentiality.”

Mr. Gates emphasized that: “Until a retainer is signed by the injured party, NO LEGAL REPRESENTATION HAS COMMENCED, and the "review" is merely exploratory. However, any and ALL communication is strictly confidential.”

With exception of Marine Corps Base Camp Lejeune, no veteran, dependent or civilian employee of El Toro and the other 131 military bases on the EPA Superfund list has been notified of their possible exposure to contaminants and the health effects. The Navy and Marine Corps are attempting to notify Camp Lejeune veterans and civilians but only after Congressional legislation and the tragic deaths of children from the TCE contaminated wells on base.

One positive outcome of any legal review is that depending on the number of injured El Toro parties, the government may be forced to notify veterans and civilian workers of El Toro of their possible exposure to contaminants and the health effects. There’s no question that this is the right thing to do for those who served our county honorably.


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