RE: joining dialogue by fax

[Armando C. Quintanilla <kahn.lisa@epa.gov>]

Involving the public more effectively in decisions at Superfund Sites:

	This is a very tall order.  EPA Region VI has never initiated partnership talks with people living in the contaminated neighborhoods of South San Antonio.  In fact, EPA Region VI comes to San Antonio meets with the polluters in closed BCT meetings, attends RAB meetings and rarely says hello to the people living in the contaminated area.  Let me explain further.

	The cleanup of our contaminated neighborhoods adjacent to Kelly AFB "have not progressed adequately" under RCRA.  In fact, there is no current approved plan to clean up our neighborhoods.  

	The people living above the contaminated places, (18,000 homes, 90% Hispanic) have been waiting since the 1980's for Kelly to submit a plan to EPA and TNRCC to remove the chemicals from under their streets, homes, schools and churches.  How can EPA Region VI say that the cleanup is progressing adequately?

	Under RCRA, EPA and TNRCC, Kelly AFB has developed plans and spent over 225 million dollars cleaning up the Kelly AFB golf course and inside the base.  I repeat, as of this date, there is no approved plan to remove the contaminants from under 18,000 homes caused by toxic spills from Kelly AFB.  Since the 1980's EPA Region VI and TNRCC have not cared enough to use their authority to take Kelly to court and clean up our neighborhoods.  

	Further, EPA Region VI in a letter dated February 7, 2001, to councilman stated, "The response under RCRA is progressing adequately."  This is not true.  It is very obvious to me that the cleanup of our neighborhoods "has not" progressed adequately under RCRA,  EPA and TNRCC regulators.  Our neighborhoods are still contaminated.

	The miserable, offensive and shameful contamination, caused by our government, is suffocating our spirit.  It makes living in these contaminated neighborhoods an intolerable health, social and economic burden.  No one wants to buy a home in a contaminated neighborhood.  Enhancing the homes through home improvements does not improve their value because of the contamination from Kelly AFB.  The non-cleanup of our neighborhoods under RCRA, EPA and TNRCC is a great environmental injustice.

	The reason for this injustice is that EPA has not complied with CERCLA.  Under CERCLA EPA is required to evaluate all federal facilities for inclusion on the National Priorities List (NPL).  Kelly received a Hazardous Ranking System (HRS) score of 68.16.  However EPA headquarters did not complete section 9 and appendix A and B of the NPL Data collection form dated Dec. 1995.  

	As a result, EPA Region VI deferred Kelly AFB as a Superfund Site without any public involvement or decision making opportunities.  In fact, EPA Region VI never asked the citizens involved, city officials or RAB members whether they approved or opposed the deferral of Kelly as an NPL Site.  By not doing this, EPA Region VI violated criteria 3 of EPA's deferral policy.

	Further, EPA Region VI has not produced letters from the State Governor or any other elected official that the community supported EPA's deferral of Kelly as a Superfund Site.  In view of the above, it is hard to believe that we can trust EPA Region VI as a partner.  However, if EPA headquarters is sincere about partnering, I will submit the following recommendations concerning the cleanup of the R&H; Refinery, a Superfund Site and Kelly AFB.  Both are located in San Antonio and are adjacent to each other.  

	That EPA headquarters communicate with the citizens impacted by the R&H; Refinery's and Kelly's toxic spills to establish a partnership and negotiate an agreement with the Center for Health and Environmental Justice (CHEJ), a 501(C3) organization.

The contact point for CHEJ will be: 
Armando C. Quintanilla
Secretary, CHEJ
70 Bristol Green
San Antonio, TX 78209-1899
Phone: 210-804-2126
Fax: 210-826-5763

The points of the memorandum of agreement to be negotiated are:
	The immediate planning, complete with time lines for the removal of all petroleum waste and other chemicals that have contaminated the soil and groundwater beneath and adjacent to the R&H; Refinery Site.

	The most aggressive and expedited removal (cleanup or remediation) of all the groundwater contaminants.  The contaminants threaten the drinking water of San Antonio.

	The immediate planning for the removal, complete with time lines of the dozens of 55 gallon drums containing combustible flammable liquids, acids, chlorinated solvents, and oil and water mixtures at this abandoned site.

	The immediate planning for the removal of all abandoned R&H; Refinery structures, complete with time lines.

	The immediate planning for the removal of all R&H; Refinery pumps, piping, oil and water separators, and earthen-sumps complete with time lines.

	The immediate planning for the removal of the 40 above ground storage tanks which range from 5,000 to 400,000 gallons in capacity complete with time lines.

	The immediate planning for the removal of all contaminated soils in the contaminated site, including sludge and tar-like oils, complete with time lines.

	The immediate establishment of a citizens Review Committee to provide residents with a forum to provide input and decision making in all phases of R&H; Refinery cleanup activities.  This includes budgets and contracts as required by 10 USC 2705 (c) and Executive Order 12580, Superfund Implementation.

	The immediate funding for technical advisors to interpret EPA or EPA contractor investigations, studies and proposed remedial actions of the R&H; Refinery Site, plus advisors for related health information from ATSDR and other governmental health agencies.

Agreement points for Kelly AFB only:
	That the preferred Air Force/EPA/TNRCC cleanup option of the ground water which is "Natural Attenuation" not be used.  The citizens in the Kelly contaminated neighborhoods should not have to shoulder 30 more years of contamination from Kelly AFB.

	That the most aggressive option for the cleanup of the Kelly contaminated ground water which consists of pumping, treatment and reinjection be required.  Currently the Air Force, TNRCC and EPA are wasting millions of gallons of groundwater and tax dollars, by pumping, treatment and dumping ground water into creeks.  This ground water is a potential drinking water source in case of severe drought.

	That EPA and TNRCC require Kelly AFB to install barriers to preclude the San Antonio River from being further contaminated by groundwater contamination from Kelly AFB.

	That EPA and TNRCC require Kelly AFB to cap all unused Edwards wells under the contaminated plumes.  This will preclude the Edwards Aquifer, San Antonio's drinking water source from being contaminated by the groundwater.

I will not participate in Thursday or Friday's agenda.
I already sent comments that EPA should not evaluate itself and its public involvement policy.  That is muy mal, not kosher.

The lesson I want EPA to take from this "Dialogue" is listen to the taxpayers, especially the underserved.  Reach out to them, serve them, protect their environment and health.

In closing I thank you for reaching out to me, for partnering with me, for helping me.  I now stand ready to partner with EPA on the cleanup of our San Antonio neighborhoods.  
Good luck

Armando C. Quintanilla
70 Bristol Green
San Antonio TX 78209-1899
phone: 210-804-2126
fax: 210-826-5763