UNITED STATES ENVIRONMENTAL PROTECTION AGENCYREGION 101200 Sixth Avenue, Suite 900Seattle, Washington 98101-3140REGIONAL ADMINISTRATORMAR 2 3 2010Colonel Reinhard W. KoenigDistrict CommanderU.S. Army Corp of EngineersP.O. Box 6898Elmendorf AFB, Alaska 99506-0898Dear Colonel Koenig:On September 24, 2009, Mathy Stanislaus, the Environmental Protection Agency (EPA)Assistant Administrator for the Office of Solid Waste and Emergency Response and other EPAstaff met with Tribal representatives from St. Lawrence Island, Alaska, and the AlaskaCommunity Action on Taxies (ACAT) to discuss their concerns about ongoing U.S. Army Corpsof Engineers (USACE) cleanup work at the Northeast Cape and Gambell "Formerly UsedDefense Sites" located on St. Lawrence Island. Mr. Stanislaus has delegated this matter to theEPA Region 10 office to take the lead in reviewing the issues raised by ACAT. The purpose ofthis letter is to request information from the USACE to determine whether the cleanup at the NECape and Gambell sites are consistent with EPA requirements and to determine EPA's futurerole at these sites.I understand that ACAT and Tribal representatives also met with the USACE inSeptember 2009 to discuss their concerns about the Northeast Cape and Gambell sites. ACATsent Mr. Stanislaus a letter on November 11, 2009 addressing the concerns they presented at theSeptember 24, 2009 meeting. Enclosed is a copy of that letter.ACAT specifically requested that EPA place the sites on the Superfund NationalPriorities List (NPL) and provide them with a copy of the current Hazard Ranking Systemevaluation. ACAT and the Tribal delegation also raised concerns about the adequacy of sitecharacterization, cleanup, and oversight. As you know, in 2002 EPA evaluated the NE Cape anddecided not to pursue an NPL listing because we believed that listing the site on the NPL wouldnot significantly improve conditions or cleanup progress at the site. Our decision took intoaccount the USACE's clean-up efforts.We are considering ACAT' s current request to re-evaluate the sites for NPL listing, aswell as our future role at this site. However, we want to ensure that we coordinate with theUSACE prior to responding to ACAT and that we base our decisions on the most currentinformation.F10AK069603_08.01_0082_aF10AK096903_08.01_0519_a200-1e0PffntMI on Recycled PaperIn order to be responsive to ACAT and Tribal concerns, EPA requests that the USACE:Provide a response to the 10 bulleted issues ACAT presents on page 3 of theirNovember 11, 2009 letter.Include a summary of site investigation and cleanup activities performed to date, aswell as your future plans.Include a list of any waste and contaminants that will remain on St. Lawrence Islandafter completion of remediation, and the plans for long term monitoring.Both the USACE and EPA have a trust responsibility for the two Tribes on St. LawrenceIsland. I ask that you detail the efforts you have made to honor the Government to Governmentconsultation duties we share. During the meeting with EPA, the Tribal delegation indicated theirdesire for greater inclusion of the Tribes in the decision-making process, including directconcurrence on the Record of Decision (bullet item #10).I request that you direct your response to Dan Opalski, Director, Office of EnvironmentalCleanup. It would be most helpful if you can provide a response within thirty days. If you haveany questions regarding our request, please contact Dan Opalski at (206) 553-1855. I appreciateyour consideration of this request and look forward to your response.Sincerely,~~~Regional AdministratorEnclosurecc:Steve BainbridgeAlaska Department of Environmental ConservationJennifer RobertsAlaska Department of Environmental ConservationJohn HalversonAlaska Department of Environmental ConservationCurtis DuncanAlaska Department of Environmental ConservationCarey CossaboomU.S. Corp of EngineersAlaska Community Action on Toxics505 West Northern Lights Boulevard, Suite 205Anchorage, Alaska 99503(907) 222-7714; (907) 222-7715 (FAX)www.akaction.orgNovember 11, 2009Mr. Mathy StanilausAssistant AdministratorOffice of Solid Waste and Emergency ResponseEPA West1301 Constitution Avenue NW, room 3146BWashington DC 20314-1000RE: THANK YOUDear Mr. Stanilaus:On behalf of the St. Lawrence Island Delegation and Alaska Community Action on Toxics(ACAT), thank you for meeting with members of our delegation on Thursday September 24,2009. We appreciated the time that you took with us to discuss the pressing needs of thepeople of St. Lawrence Island, including the toxic contamination of formerly used defensesites (FUDS), the need for proper site characterization and EPA oversight at Gambell andNortheast Cape FUDs, thorough and aggressive clean up, and the inclusion of NortheastCape on the National Priorities List. The Yupik people of St. Lawrence Island havedisproportionate health problems that may be associated with exposures to chemicalcontamination from the formerly used defense sites and long-range transport, includingcancers, diabetes, reproductive problems, thyroid disease, nervous and immune systemdisorders, and learning disabilities. Actions are needed to protect the health and well-being ofpresent and future generations, the lands, waters, and traditional subsistence way of life of theYupik people. Climate warming exacerbates the mobilization and transport of persistentorganic pollutants (POPs) from local and distant sources in the Arctic. Synergistic effectsof climate warming and increasing levels of contaminants in the Arctic threaten foodsecurity and the survival of the Yupik people.As we discussed, we are concerned about the contamination and environmental health issuesassociated with the formerly used defense sites on St. Lawrence Island at Northeast Cape andGambell. The island's military installations and residents served important strategic rolesduring the Cold War. However, when the bases were shut down, large quantities ofhazardous wastes and debris were left behind. At Northeast Cape, massive fuel spills, PCBs,pesticides, heavy metals, asbestos, and solvents were dumped on the surface or buried inunlined landfills that are leaching to the Suqitughneq (Suqi) River and coastal waters. Thevillage at Northeast Cape was displaced after the military contaminated the area and cannotbe re-established until effective remedial measures are implemented and finalized.At Gambell, the wastes, including fuels, solvents, unexploded ordnance, and metal debriswere buried in the unconsolidated gravel which forms the foundation of the village. AtGambell, we are concerned about the vulnerability of the shallow (about 10 feet) aquifer thatserves as the community water source. We are also concerned that the school and residentialareas are located on areas overlying military contamination. The toxic waste dumps on St.Lawrence Island have devastated the lands and waters, and have continued to affect thetraditional food gathering and health for more than 50 years.In addition to the military contamination, the Yupik people of St. Lawrence Island are alsosuffering from the contamination that arrives on wind and ocean currents into our region vialong-range transport. As you know, the Arctic has become a hemispheric sink for POPsthat travel hundreds and thousands of miles northward on wind and ocean currents, wherethey accumulate in the bodies of wildlife and people of the north. This contaminationharms our traditional foods and the health of our people. Arctic Indigenous peoples carrysome of the highest levels of these contaminants in their bodies. The chemicals includelegacy chemicals such as PCBs and DDT, as well as currently used industrial chemicals andpesticides such as brominated flame retardants, fluorinated substances, and endosulfan. Weask for your support in preventing the production and release of these chemicals throughreform of our federal laws, the Toxic Substances Control Act (TSCA) and the FederalInsecticide, Fungicide, and Rodenticide Act (FIFRA). We al~o ask for U.S. participation andleadership internationally through the Stockholm Convention on Persistent OrganicPollutants (POPs). It is only through national and international actions that we can protect thehealth of the peoples of the Arctic.U.S. leadership is critical to the success of international efforts to eliminate the world'smost dangerous substances. We are eager to work with the Environmental ProtectionAgency, Department of State, and Congress to enact legislation that reflects theprecautionary spirit and scientific rigor of the Stockholm Convention and enable swjftaction by the U.S. on POPs chemicals. We are committed to ensure ratification of astrong, protective treaty.The Preamble Qf the Convention recognizes the special vulnerability of Arctic IndigenousPeoples and states: "Acknowledging that the Arctic ecosystems and indigenouscommunities are particularly at risk because ofbiomagniffcations ofpersistent organicpollutants and that contamination of their traditional foods is a public health issue."Some Arctic Indigenous populations have shown "levels of contaminants in blood andbreast milk [that are] higher than those found anywhere else on the Earth." Thisrecognition inspired the negotiation of the Stockholm Convention, as noted in thepreamble, and must now motivate the Convention's strong implementation. This is not anabstract issue for the Yupik people and other Arctic Indigenous peoples-it affects theirdaily lives and the health of future generations. They depend on traditional foods fromthe land and sea for their physical, cultural, and spiritual well-being-foods that arecontaminated with POPs chemicals. Our own community-based research has found highlevels of such POPs chemicals as PCBs and other "legacy" chemicals in the traditionalfoods and blood serum of the Yupik people. The most recent Arctic Monitoring andAssessment Programme report also raises concerns about increasing levels of "new"POPs chemicals in the Arctic such as the polybrominated diphenyl ethers (PBDEs) andperfluorinated substances. With the rapid decline of sea ice, scientists predict greateratmospheric loading of such chemicals as endosulfan into the marine environment. Wemust take swift national and international actions to eliminate the production and use ofthese chemicals that threaten the integrity of ecosystems and public health in the Arcticand around the globe.The people of St. Lawrence Island need your help to move forward and to renew their way oflife. We want to ensure that Northeast Cape is safe and healthy for the restoration of the SuqiRiver watershed and re-establishment of the village. ·Our research in the Suqi Riverwatershed indicates the presence of PCBs, pesticides, polycyclic aromatic hydrocarbonsassociated with past fuel spills, polybrominated diphenyl ethers (PBDEs), and heavy metals.In Gambell, we must also ensure protection of the drinking water source, the school, andresidential areas.We request your support to ensure proper regulatory oversight, enforcement, and funding forcharacterization and responsible cleanup of the formerly used defense sites. This includesprovisions for use of innovative clean-up technologies relevant to the Arctic, accountabilityto the leadership of the communities of Savoonga and Gambell, government-to-governmentconsultation with Tribes, and citizen participation in remedial decisions. Tribes, as sovereigngovernments, must have the right to determine clean-up standards and serve as official partiesto the Records of Decision. We also request your support to achieve restoration and removalof the contamination rather than premature closures, partial excavations, natural attenuation,and/or land use controls. We request the following actions to address and prevent furtherhealth and environmental effects of military contamination on St. Lawrence Island.Specifically, the matters of primary urgency for your attention and action include:••••••••••Complete removal of the solid and hazardous waste materials at the NortheastCape Site 7 landfill;Removal and treatment of the White Alice site soils and groundwater toeffectively remove associated contaminants;Removal/remediation of contaminants in the Northeast Cape Main Complex soilsand groundwater, as well as on-going monitoring to ensure safe drinking watersupplies;Effective remediation and long term monitoring of the Suqi River drainage basinsediments and surface water (fuels and PCB contamination);Complete removal or destruction of the contaminants identified at the formervillage site at Northeast Cape;Restoration of the Suqi River watershed and shallow groundwater resourceswithin the area of the Main Complex and up-gradient regions of the MainComplex to ensure adequate and safe drinking water at Northeast Cape;Removal of contaminant sources at the village in Gambell including those upgradient from the municipal water supplies and those beneath the residentialareas, the school and community buildings;Long term, bi-annual monitoring of contaminants of concern within the municipalwater supply areas;Establishment of a safe drinking water source at Gambell that is up-gradient ofthe contaminated sites; andInstitute the tribes as official signatories/Parties to any Records of Decision(RODs).••Protect the health of children and other vulnerable populations in Alaska andelsewhere through reform of the Toxic Substances Control Act (TSCA) and thefederal pesticide law (FIFRA). Include provisions to: 1) phase. out persistent,bioaccumulative toxics (PBTs), and chemicals that harm health; 2) require safesubstitutes and solutions; 3) give the public and workers the full right-to-knowand participate; and 4) require prior, comprehensive safety data for all chemicals.Take swift, bold measures to substantially reduce the greenhouse gases to protectcommunities of the Arctic from climate change impacts.U.S. participation and leadership is critical to the success of international effortsto eliminate the world's most dangerous substances that threaten the north/Arctic.Ensure passage of strong, effective implementation legislation for the ratificationof the Stockholm Convention, the international, legally-binding treaty on POPs.Again, we very much appreciate your time in meeting with the delegation. ACA T is a nonprofit organization that empowers individuals and tribes throughout Alaska who are seekingassistance with toxic contamination issues that affect the health of people and theenvironment. We look forward to working with you to address the concerns of the Yupikpeople of St. Lawrence Island.If you have any questions or need additional information, please do not hesitate to contact usdirectly or to reach us through our Washington D.C. representative-The Raben Group(contact: Ellie Collinson at (202) 587-4935 or ecollinson@rabengroup.com)].Sincerely,Vi WaghiyiEnvironmental Health and JusticeProgram DirectorccSenator Lisa MarkowskiSenator Mark BegichPamela K. MillerExecutive DirectorREPLY TOATTENTION OF:DEPARTMENT OF THE ARMYU.S. ARMY ENGINEER DISTRICT, ALASKAP.O. BOX 6898ELMENDORF AFB, ALASKA 99506-0898APR9 2010Programs and Project Management DivisionEnvironmental Special ProjectsMr. Dan Opalski, DirectorOffice of Environmental CleanupEnvironmental Protection Agency, Region 101200 Sixth Avenue, Suite 900Seattle, WA 98101-3140Dear Mr. Opalski:We received a letter from the EPA Regional Administrator, Dennis J. McLerran, dated March23, 2010. Mr. McLerran requested that we respond to you on three specific points regarding theUSACE Formerly Used Defense Sites (FUDS) on St. Lawrence Island, Alaska.The Alaska Community Action on Toxics (ACAT) group has been involved for many yearswith FUDS projects on St. Lawrence Island, specifically our Gambell and Northeast CapeProjects. ACAT has consulted with the two Tribal IRA Councils in Gambell and Savoonga, andthey appear to have a great deal of influence with the Tribal leaders.We understand the need to be responsive to Tribal concerns. We recognize the trustresponsibility we have for the Tribes and the open dialogue we must maintain with their chosenadvisors. We welcome your inquiries and are pleased to provide the information requested inEPA's March 23 letter.The following paragraphs are the USACE Alaska District's responses to the 10 bulleted issuesACAT presented in their November 11,2009, letter to the EPA. These are the same issues thatACAT sent by letter November 4, 2010, to USACE Headquarters (Mr. Stacey Hirata) inWashington, D.C.• Complete removal of the solid and hazardous waste materials at the Northeast Cape Site 7landfillWe believe that the excavations and capping of the Site 7 landfill accomplished during thesummer of 2009 removed the contamination sources from this site. Previous investigationsindicated that little if any leachate migrates from the landfill, and the groundwater results were2essentially clean. The effort completed this past summer exceeded our expectations. Drumremoval was extremely thorough, batteries and PCB-ballasts were completely removed, and 50tons of visibly-stained soils were removed. Based on the completed cleanup efforts and new cap,we are confident Site 7 meets protective health-based standards.• Removal and treatment of the White Alice site soils and groundwater to effectively removeassociated contaminantsRemoval of remaining PCB-contaminated soils at the White Alice Site is planned for 2010.The groundwater near the fom1er White Alice site is not contaminated.• Removal/remediation of contaminants in the Northeast Cape Main Complex soils andgroundwater, as well as on-going monitoring to ensure safe drinldng water suppliesRemoval ofPCB-contaminated soils at the Main Operations Complex is scheduled for 2010.Cleanup of the petroleum-contaminated soils at the Main Operations Complex is planned for2011. We tested chemical oxidation techniques for both soil and groundwater in 2009 (at theadvice of the Restoration Advisory Board (RAB) meetings). However, it does not appear that theoxidation techniques will be effective in the peat-rich soils that are petroleum contaminated at thenorthern edge of the Main Operations 'Complex. Since chemical oxidation processes were notsuccessful, the contingency approach of soil excavation will be implemented. Our remediationobjective remains the same: cleanup of petroleum contaminated soils (maximum depth of 15feet, as required for future unrestricted use), to meet the site-specific, risk-based cleanup levelsapproved by the Alaska Department of Environmental Conservation and specified in ourapproved Decision Document. After source removal is completed, monitored natural attenuationof the groundwater will be implemented. The Main Operations Complex should not beconsidered a good source for drinking water in the near future. A restriction on installing adrinking water source within the contaminated zone of the Main Complex should be made unlessfuture data confirms cleanup levels are achieved. Clean sources of groundwater for a futurecommunity exist up gradient from the Main Operations Complex.• Effective remediation and long term monitoring of the Suqi River drainage basin sedimentsand surface water (fuels and PCB contamination)Testing conducted by USACE has demonstrated that the Suqi River drainage basin does notexhibit significant levels of contamination in sediments, except near the Main OperationsComplex. The approved Decision Document includes a plan to excavate the contaminatedsediments immediately adjacent to the Main Complex and a portion of the narrow down-gradientchannel.• Complete removal or destruction of the contaminants identified at the former village site atNortheast Cape3The former village site at Northeast Cape was not a DoD facility and is, therefore, not eligibleunder the FUDS program. The DoD has shown a willingness to assess conditions at the formervillage site under the Native American Lands Environmental Mitigation Program (NALEMP}.• Restoration of the Suqi River watershed and shallow groundwater resources within thearea of the Main Complex and upgradient regions of the Main Complex to ensure adequateand safe drinking water at Northeast CapeCleanup of contamination sources at the Main Operations Complex and the sediments in thenearby Drainage Basin will significantly improve the overall Suqi River watershed. We believethat our remediation efforts will improve the shallow groundwater at Northeast Cape, but weacknowledge that groundwater in the Main Operations Complex will not be suitable as potablewater in the near future. However, the groundwater just up gradient of the Main OperationsComplex is not contaminated and would be a suitable place for a potable water well that couldserve a future community.• Removal of contaminant sources at the Village in Gambell including those up-gradientfrom the municipal water supplies and those beneath the residential areas, the school andcommunity buildingsUSACE conducted active investigation and cleanup efforts in Gambell between 1994 and2006. All known, eligible military sources of contaminants were removed. The State of AlaskaDepartment of Environmental Conservation approved the investigation and cleanup reports andconcurred that no further action is necessary at the site. Debris was cleared from beneath theschool during its construction and moved to Site 8C near the city landfill. The NALEMP projectremoved the military debris material during the summers of 2008-09. We have heard reports thatsome houses were built on top of scrap wastes. Based on previous debris removal efforts, wehave found that only rarely does buried debris in Gambell contain contamination. The NALEMPcrew will address concerns about debris beneath residential areas as close as practical, but wecannot justify moving buildings to access debris that is not a source of contamination. Theremaining buried debris does not constitute a health hazard or endangerment and is therefore noteligible under the FUDS program. The DoD continues to work with the Native Village ofGambell through NALEMP to assess conditions and cleanup additional military impacts ordebris. This NALEMP project is run by the Tribe, and as such, they are responsible for mitigatingenvironmental hazards associated with this buried debris.• Long term, bi-annual monitoring of contaminants of concern within the municipal watersupply areasTo our knowledge, the drinking water source in Gambell has never been compromised byactivities attributed to the Department of Defense. One monitoring well cross-gradient from thecommunity well showed fuel contamination in the past, but subsequent investigationsdemonstrated no significant contamination remains. To our knowledge, the community well inGambell has never been contaminated except for one act of juvenile vandalism.4• Establishment of a safe drinking water source at Gambell that is up-gradient of thecontaminated sitesThe drinking water source in Gambell has not been compromised by activities attributed tothe Department of Defense. Therefore, the DoD is not responsible for creating a new watersource in Gambell.• Institute the tribes as official signatories/Parties to any Records ofDecision (RODs)The Corps cannot seek tribal signatures on Records of Decision because the tribe does nothave jurisdiction over the land itself CERCLA (Comprehensive Environmental Response,Compensation and Liability Act of 1980) regulations (see 40 CFR 300.515) require that Indiantribes have jurisdiction over the site in order to be afforded substantially the same treatment asstates. However, the State of Alaska maintains jurisdictional authority over territory other thanNative allotments or other lands set aside under the superintendence ofthe federal government.Therefore, it would not be appropriate to request Tribal signatures on Decision Documents.According to FUDS Program Policy (ER 200-3-1, May 2004), the Department of the Army,Assistant Chief of Staff for Installation Management (ACSIM) is the approval authority for alldecision documents that have a selected remedy with a present worth cost estimate of more than$10 million. Lt General Robert Wilson approved the overall cleanup plans (Decision Document)for the Northeast Cape Air Force Station FUDS on 3 September 2009.The EPA March 23 letter requested us to provide a summary of site investigation and cleanupactivities perfonned to date as well as future plans. We have enclosed two Project CloseoutReports (HTRW and CON/HTRW) for our Gambell Project and two Decision Documents forour Northeast Cape Project to summarize work completed on these projects.As mentioned earlier, environmental remediation efforts under the FUDS program atGambell have been completed. However, environmental mitigation efforts continue in Gambellunder the DoD-funded NALEMP. NALEMP eligibility requirements are more liberal than FUDScriteria; buried debris in Gambell can be excavated even though it doesn't present an immediatehazard. The NALEMP Strategic Project Implementation Plan (SPIP) is being updated by theNative Village of Gambell's environmental contractor. The SPIP briefly covers the NALEMPhistory in Gambell from 2003 to present.The remedial actions outlined in the Northeast Cape Site 7 Cargo Beach Road Landfill CONHTRW Decision Document at Northeast Cape were completed in 2009. The final ConstructionCompletion Report is pending. Our contractor went above and beyond the stated scope and dugthrough the entire landfill, removing all drums and stained soils, before placing a new cap on theSite 7 Landfill.The remedial actions outlined within the Northeast Cape HTRW Decision Doc~ment wereinitiated in 2009 with the chemical oxidation pilot study for the petroleum-contaminated soils atthe Main Operations Complex. Unfortunately, layers of peat at this location rendered chem-ox5treatment ineffective. Our Decision Document included a contingency scenario identified as theexcavation of soils and monitored natural attenuation of groundwater. The remedial actionsoutlined in the Decision Document will be implemented starting this field season and continue.'over the next several years as funding is available. Long-term monitoring and 5 years reviewswill extend beyond 2012.Another point the EPA March 23 letter requested that we address was to include a list of anywaste and contaminants that will remain on St. Lawrence Island after completion of remediation,and the plans for long term monitoring. The following paragraphs address those areas.Wastes and/or contaminants that are likely to remain behind in Gambell after completion ofNALEMP remediation efforts include:••••Some debris, largely consisting of scrap metal, that exists under the city water tankEmpty former latrine drums beneath the city snow fenceDebris that is speculated to be beneath the new city housing areaScattered .30-caliber ammunition rounds at the bottom of Troutman LakeNo long term monitoring is slated for Gambell.Wastes and/or contaminants that are likely to remain behind at Northeast Cape aftercompletion of remediation efforts include:• Petroleum-contaminated soils deeper than 15 feet at the Main Operations Complex• Petroleum-contaminated groundwater at the Main Operations Complex• Small residual pockets of petroleum-contaminated soil/sediment within the wetlanddrainage basin below the Main Operations Complex• DRO-contaminated soils in wetlands at Site 8 (monitored natural attenuation)• Non-hazardous solid waste debris beneath the two newly-capped disposal areas(Site 7 and Site 9)Long-term monitoring will occur at the Main Operations Complex, Site 8, and the Site 7 andSite 9 landfills.The last area that the EPA March 23 letter requested that we address was to detail our effortsto honor the Government to Government consultation duties. To honor the Government toGovernment consultation with the Triballeaderships on St. Lawrence Island, we routinely haveom Project Manager meet separately with the Tribal President and IRA Council Members priorto scheduled Restoration Advisory Board (RAB) Meetings. In addition, several former AlaskaDistrict Commanders have met with Tribal Leaders in the past, both on St. Lawrence Island andhere on Elmendorf Air Force Base. The most recent meetings took place in January 2007 (Col.Wilson traveled to Gambell), April 2006 (Col. Gallagher traveled to Savoonga), and July 2002(Lt. Col Gingras here at Elmendorf AFB). I also intend to visit St. Lawrence Island this smnmer.6If you have any remaining questions or concerns, please contact our St. Lawrence IslandProject Manager, Mr. Carey Cossaboom, at (907) 753-2689, or by e-mail atcarey.c.cossaboom@usace.army.mil.Sincerely,~~Reinhard W. KoenigColonel, Corps of EngineersDistrict CommanderEnclosurescc: S. Bainbridge, ADECJ. Roberts, ADECJ. Halverson, ADECC. Dunkin, ADECD. McLerran, EPA