Missoula Independent

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Missoula Independent

Page 8 May 7–May 14, 2009

Inside Letters Briefs Up Front Ochenski Range Agenda News Quirks

Too little, too late EPA releases Libby’s long-sought “Rumple Report” by Matthew Frank

“It’s a three-year-old report now, but infrequent or for short durations, they The government last week released a damning memorandum detailing the nothing has really changed,” says Dr. will not likely significantly increase your Environmental Protection Agency’s (EPA) Gerry Henningsen, former EPA senior tox- risk of health effects, especially if cominadequate cleanup of asbestos in Libby, icologist and technical advisor to the mon-sense precautions are taken.” Rumple found a criminal investigathree years after the Independent first sub- agency’s Technical Advisory Group. mitted a Freedom of Information Act “That’s the important thing. They have the tion unwarranted, instead suggesting an settlement for money, but they have no assessment by the Office of Program (FOIA) request for the document. The memo, written by Special Agent meaningful additional data on the science Evaluation. But OIG began a 21-month Cory Rumple in 2006 and known as the of the relative toxicity of this material and criminal investigation anyway, which “Rumple Report,” summarizes the find- an exposure assessment of this material.” ended with federal prosecutors deciding Rumple’s investigation was trig- not to take up the case. The probe inexings of an Office of Inspector General (OIG) investigation into the EPA’s gered by allegations that EPA contrac- plicably neglected the scientific studies Rumple suggested, says PEER cleanup. The memo made OIG— Executive Director Jeff Ruch. but no one else—aware of infight“Infighting, pettiness, turf ing within the EPA, a disconnect wars—none of that stuff is crimibetween scientific evidence and nal,” says Ruch, “even though it cleanup procedures, and “unconmay have monstrous consescionable” documents distributed quences in terms of people getting to Libby residents that assured sick and dying…That opportunity safe levels of asbestos exposure. was pissed away, and the criminal At least 200 deaths and thouinvestigation resulted in nothing.” sands of illnesses have been related Perhaps the most significant to exposure to asbestos unearthed implication of the memo being from the vermiculite mine that concealed, according to operated in Libby for decades. The Henningsen, is that the critical EPA came to Libby nearly 10 years Photo courtesy of Paul Peters information contained in it could ago to begin cleanup. “The purpose in writing it was The government finally released a report writ- not influence last year’s $250 milten in 2006 by Special Agent Cory Rumple that so that another OIG authority, details the EPA’s inadequate cleanup in Libby. lion settlement with W.R. Grace, the company that operated the which I thought would be the Office of Program Evaluation, could tors improperly cleaned Libby homes mine between 1963 and 1990. (Three pick up where I left off and possibly by wetting down carpets, ensuring former Grace executives are currently report the situation to the Agency quick- monitors would find temporarily safe on trial in Missoula for allegations they ly,” Rumple wrote in an explanation of levels of asbestos. “This in turn would knowingly exposed Libby residents to his memo. “I believed time was of the allow the contractors to move on to asbestos.) Henningsen calls the 2008 essence, as the Agency appeared to be the next house, and allow them to be monetary settlement, which largely heading down the same road it did with paid for a house deemed ‘clean’ of reimbursed the government for past cleanup costs, “grossly inadequate.” the 9/11 fallout. I felt the memo would asbestos fibers,” he wrote. “In a criminal court I think this Rumple found isolated wet carpet start a non-criminal review which might slow down what I perceived to be a incidents, but uncovered other prob- would be the same as one side withholding key evidence and not disclosrush to a Record of Decision and possi- lems in his report. “When I went to Libby, MT, to speak ing all information before you go to ble future illnesses and deaths in Libby.” OIG buried the Rumple Report, first with individuals about this situation,” he trial and make a decision,” Henningsen telling the Independent in August 2006 wrote, “they wanted to talk about the says. “That would be grounds for nullithat it did not exist, and later stating it documents that EPA had disseminated fying and voiding that settlement, or at was FOIA-exempt. Former Independent during the cleanup and the lack of a risk least opening up negotiations to revisit, reporter Paul Peters confirmed the assessment associated with the cleanup.” perhaps, a new amended settlement.” How that can happen, though, is Two documents handed out by the report’s existence by interviewing EPA scientists also interviewed during EPA—“Living with Vermiculite” and unclear. “I’m not sure how that would be another referred to by Libby residents Rumple’s investigation. The document’s April 28 release as the “comfort letter”—were described reopened,” says Ruch. “Certainly W.R. came a week after Public Employees for by EPA scientists interviewed by Grace would contend that a deal is a deal. Environmental Responsibility (PEER) Rumple as “exceptionally deceiving,” And it did not sound from the Rumple filed a lawsuit to obtain it. OIG chose “unconscionable,” “premature,” “total- Report like the company misled EPA. If not to contest the suit because of the ly disingenuous” and containing “dou- anything, EPA deluded itself, which is no new “presumption of openness” FOIA ble speak.” One toxicologist described grounds for rescinding the contract. “I think the ball is in the court of the guidelines handed down by the Obama the “Living with Vermiculite” docuadministration and formalized by ment as “a misrepresentation of the Montana congressional delegation,” Ruch Attorney General Eric Holder in March. current scientific knowledge surround- adds. “Certainly the question of what is the status of the cleanup now after all this The Rumple Report paints a clear ing Libby-amphibole asbestos.” The vermiculite document read, in time and money, and whether or not picture of the deficiencies of the Libby cleanup, specifically the lack of toxicity part: “Even though contacting or work- more money is needed, is going to be a studies needed to establish safe and ing near vermiculite or other asbestos- question for Congress.” acceptable levels of exposure—which, containing materials can release asbestos mfrank@missoulanews.com to this day, still haven’t been completed. fibers into the air, if such exposures are


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