RE: Region 6 response - Armando C. Quintanilla

[bonner.patricia <bonner.patricia@epa.gov>]

Again, I am posting a response to Mr. Quintanilla.  We will mail him a copy and also fax him this message.  For your convenience, Mr. Quintanilla's message follows the response. 

[Moderator's Note: Rather than duplicate text already in our online archives, I will simply provide the URL for his message:
http://www.info-ren.org/cgi-bin/network-democracy/show_mesg?seq=01021 ]

EPA Response
	
	Kelly Air Force Base (KAFB) has been the subject of numerous investigations under the  Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA).  These investigations have included the evaluation of multiple potential sources of contamination and risk assessments.   On June 12, 1998, the Texas Natural Resource Conservation Commission (TNRCC) issued KAFB a permit to perform closure and post closure care including RCRA corrective action measures.  This permit and corrective action plan were the result of extensive site investigations conducted by KAFB in conjunction with the TNRCC and the U.S. Environmental Protection Agency (EPA).    

Base Closure Decision	

	Kelly Air Force Base was targeted for closure in 1995 by the Defense Base Closure and Alignment Commission.  Section 102(h) (3) of CERCLA requires that EPA agree that "all remedial action necessary to protect human health and the environment" has been taken and that any required remedy is in place and operating successfully as a condition of transfer of Federal property by deed at closing bases.   Region 6 EPA is actively participating in the investigation process of those properties targeted for transfer and reuse, such as KAFB, and in the decision making process of final remedy selections.  The Region is a member of the Base Realignment and Cleanup Team and is active in the public participation process as a member of the community stakeholder's Restoration Advisory Board (RAB) and Technical Review Subcommittee. 

Administrative Modification to State Hazardous Waste Permit

	A May 2000 letter from the United States Air Force to the owners/residents surrounding Kelly Air Force base notified the owners/residents of an administrative modification to the hazardous waste permit the TNRCC issued to KAFB.  The administrative modification transfers ownership and operational control of the hazardous waste permit from the San Antonio Air Logistic Center (a.k.a. "active duty Air Force") to the Air Force Base Conversion Agency (a.k.a. "closing Air Force agency") through a Class 1 Permit Modification.  The remediation efforts and the closure requirements of the four RCRA-regulated units on Kelly Air Force Base (E-3, SD-1, SA-2, and S-8) are not affected.

Ground Water Plume

	Both EPA and the TNRCC are aware of the fact that ground water contamination extends beyond the boundaries of KAFB.   Both agencies are providing technical assistance to the Air Force in its investigation and evaluation of appropriate remedial alternatives to address all impacted media on and off of the base, including offsite ground water contamination.  Determining the appropriate mix of remediation methods at a site can be a complex process; consequently, all viable remedial approaches or technologies to address the contamination must be evaluated, including monitored natural attenuation.  In order to select alternatives, it must be demonstrated that the selected remedy will be protective of human health and the environment.  To date, neither EPA nor TNRCC has approved a remedy for any portion of the offsite ground water contamination.
	
Prioritizing Corrective Action Measures Under RCRA

	Kelly Air Force Base is a complex facility with  numerous sites requiring remediation as a condition of base closure.   The U.S. Air Force is addressing all sites concurrently and has committed fiscal resources to the successful closure of these sites.   These units will be "closed" as soon as restoration activities have been completed.   The time needed to complete restoration depends on the complexity of the unit.   

Deferring Federal Facilities to the Superfund Program

	There are three criteria listed in EPA's Interim Final Revisions to Policy For Listing Federal Facilities on the NPL (November 1997).   EPA uses the criteria to aid in determining whether or not to place a Federal facility on the NPL.

	?	The CERCLA site is currently being addressed by RCRA Subtitle C corrective action authorities under an existing enforceable order or permit containing corrective action measures.

		On June 12, 1998, the TNRCC issued KAFB a permit to perform closure and post closure care including RCRA corrective action.  The compliance plan encompasses both on-site units as well as any off-site contamination that has resulted from these units.  It also provides a schedule for compliance.

	?	The response under RCRA is progressing adequately.

		The EPA is working closely with the TNRCC and the U.S. Air Force to ensure that restoration activities at KAFB are progressing according to the compliance plan and to ensure that all remedial actions are protective of human health and the environment.  Currently, the Air Force is conducting a "Base Wide Risk Assessment" that will encompass the risk to nearby population from both on-site and off-site contamination. 

	?	The state and community support deferral of NPL listing.

		Since 1996, it has been EPA's policy to obtain concurrence from the Governor of the State or his designee prior to proposing a site to the NPL.  The TNRCC is the designated RCRA authority and has issued a permit and compliance plan to KAFB and the restoration is adequately progressing under their authority.   Since the restoration is progressing adequately under the States authority, it is unlikely that the State would support NPL inclusion of KAFB.  In addition, the Interim Final Revisions specify that it is the responsibility of the Federal facility and the State to inform the community of the deferral and recommends that the Federal facility establish a Restoration Advisory Board (RAB) to facilitate community concerns.  The RAB at Kelly was established in November 1994 and is a key component for public participation under the current base closure process.  EPA officials regularly attend these meetings and are available to answer questions regarding the ongoing restoration activities at KAFB.  The implementation of the RAB complies with the public information requirements of the Interim Final Revisions.


Conclusion

	In an April 20, 2001, in response to a March 27, 2001, letter from the Honorable Ciro D. Rodriguez, House of Representatives, the EPA addressed his March letter concerning the cleanup of pollution from Kelly Air Force Base in San Antonio, Texas.  Several of his constituents had expressed concern about their health and property values and questioned whether the EPA had taken sufficient action to expedite the United States Air Force's cleanup of the pollution.

	Congressman Rodriguez posed several questions concerning the Superfund Hazard Ranking Score for the site as well as questions related to the RCRA cleanup being conducted under the oversight of the Texas Natural Resource Conservation Commission.  We sent him a fact sheet which answered the questions individually.  

	In an April 20, 2001, response to a February 22, 2001, letter from Mr. Gene W. Lene, Community Co-Chair, Kelly AFB Restoration Advisory Board, the EPA addressed his February  letter concerning the cleanup of pollution from Kelly Air Force Base.  Mr. Lene had forwarded questions raised by Mr. Armando Quintanilla about the decision to allow the environmental restoration at Kelly to take place under RCRA rather than the Comprehensive Environmental Response, Compensation and Liability Act, also known as Superfund.  The EPA sent a fact sheet to Mr. Lene answering the questions Mr. Quintanilla posed.  

	EPA is confident that the criteria have been met at KAFB and that the basis for the Agency's decision to defer taking Superfund action at this facility is appropriate.  In addition, EPA believes the State's RCRA actions will adequately address the concerns to which Superfund would respond and will be protective of public health and the environment near the facility as well as the Edwards Aquifer.  

	Copies of the two related fact sheets are attached.

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	KELLY AIR FORCE BASE
	QUESTIONS POSED BY CONGRESSMAN CIRO RODRIGUEZ
	
4.	Has the EPA completed the hazardous ranking score for the Kelly Air Force Base (Kelly AFB) pollution, both on and off base?  If not, when will the ranking be completed?

	An HRS score was completed for Kelly AFB and this information has been provided to the public through the Freedom of Information Act.  We evaluated both off-site and on-site sources and areas known to be contaminated.  It is important to note, however, that a site ranking score developed under Superfund's Hazard Ranking System is only one of many factors that the U.S. Environmental Protection Agency (EPA) uses to determine if a site is eligible for inclusion on the National Priorities List (NPL).  Other factors considered in the decision can include concurrence by the governor of the state, state priorities, further site investigation, and other response alternatives.   The decision to place a site on the NPL is a discretionary one by the Agency, based on many factors, and made on a site-by-site basis.  In the case of Kelly AFB, the Texas Natural Resource Conservation Commission (TNRCC), as the designated Resource Conservation and Recovery Act (RCRA) authority, had issued a permit and compliance plan to Kelly AFB.  The EPA and the TNRCC have determined that the restoration is progressing adequately under State authority.  In addition, EPA believes the State's RCRA actions will adequately address the concerns to which Superfund would respond and will be protective of public health and the environment.
		
5.	Has the EPA sought deferral of listing the Kelly  AFB pollution on the National Priority List (NPL)?  If yes, what process was followed for the deferral request and which local residents and state and local officials were contacted to seek approval of the NPL listing deferral?

	The EPA evaluated the site for potential inclusion on the NPL but determined that the site was being addressed adequately under the RCRA program.  Public notice is not required as part of this process.   The Restoration Advisory Board, established in 1994, provides a mechanism to address community concerns related to the RCRA cleanup at the base.

6.	If deferral has not been granted, is the EPA planning to seek a deferral and what process must be followed, including consent from local residents and officials?

	The EPA has determined that the site is being adequately addressed under the RCRA program. 

7.	Given the extent of pollution from Kelly AFB, why hasn't EPA taken a stronger role in forcing the Air Force to clean up the off base pollution in an expedited manner.  If all goes as planned the Air Force's proposed cleanup of off-base pollution will not start for at least 12 to 18 months.  The actual cleanup may even take longer due to construction delays.

	The EPA is actively involved in the ongoing RCRA Corrective Action process at Kelly AFB.  The EPA recently received the RCRA Facility Investigation Report which documents the results of the investigations into the soil and groundwater contamination in and around the east side of Kelly AFB, including the off-site groundwater contamination plume.  According to information provided to EPA by Kelly AFB, the Corrective Measures Study (CMS) identifying the various alternatives and their evaluation to address the soil and groundwater contamination in and around the east side of Kelly AFB is to be submitted to EPA and TNRCC in April 2001.  Unfortunately, the groundwater contamination plume is the result of many years of contaminant releases to the soil and to the groundwater on Kelly AFB.  Therefore, the remedy(ies) to address the on-site and off-site groundwater contamination plume will, too, take some time.  Because of Kelly AFB's ongoing obligation and liability under the RCRA statute to address releases to the environment and the resulting contamination, it is in Kelly AFB's best interest to propose and implement the most effective and most efficient remedy(ies) available. 

8.	Will the EPA require the Air Force to clean up the shallow ground water beneath Kelly AFB and the surrounding area to drinking water standards?  According to the Edwards Aquifer Authority, the Kelly AFB pollution poses a serious risk of contamination to the Edwards Aquifer, the main source of water for hundreds of thousands of residents in the greater San Antonio metropolitan area.

	Because the State of Texas, through TNRCC, has been delegated RCRA corrective action authority by EPA, TNRCC will be establishing the final clean up standards for the shallow groundwater beneath Kelly AFB and the surrounding area.  It is EPA's current understanding, however, that TNRCC will require Kelly AFB to clean up the groundwater to drinking water standards.  Groundwater contamination from Kelly AFB is present in the shallow sediment layer which extends approximately 30 to 40 feet below the ground surface.  The geologic units below the shallow groundwater zone make up the Navarro Formation.  These impermeable units consist of clay, marl, limestone, chalk, and shale and form an aquitard that is greater than 1,000 feet thick.  The Navarro Formation lies above the Edwards Aquifer.  The Navarro Formation effectively prevents vertical movement and contaminants from the shallow groundwater zone to the Edwards Aquifer.

	At this time, there is no evidence of risk to the 18,000 citizens living above the ground water plume because they are served by the municipal water system and do not utilize the shallow groundwater found in the Navarro Formation as a source of drinking water.

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	FACT SHEET
	KELLY AIR FORCE BASE
	Questions Posed by Mr. Armando Quintanilla to the 
	Kelly Air Force Base Restoration Advisory Board

9.	With regard to the Hazard Ranking System (HRS) Score

	1.	Why was it not finished?

		An HRS score was completed for Kelly Air Force Base and my staff provided that information to Mr. Armando Quintanilla in response to his Freedom of Information request.  It is important to note, however, that a site ranking score developed under Superfund's Hazard Ranking System is only one of many factors that the U.S. Environmental Protection Agency (EPA) uses to determine if a site is eligible for inclusion on the National Priorities List (NPL).  Other factors considered in the decision can include concurrence by the governor of the state (to place the site on the NPL), state priorities, further site investigation, and other response alternatives.   The decision to place a site on the NPL is a discretionary one by the Agency, based on many factors, and made on a site-by-site basis.  In the case of Kelly Air Force Base, the Texas Natural Resource Conservation Commission (TNRCC), as the designated Resource Conservation and Recovery Act (RCRA) authority, had issued a permit and compliance plan to Kelly Air Force Base.  The EPA and the TNRCC have determined that the restoration is progressing adequately under State authority.  In addition, EPA believes the State's RCRA actions will adequately address the concerns to which Superfund would respond and will be protective of public health and the environment.

	2.	What is EPA's duty to the community to finalize the scoring?

		The United States Congress authorized EPA to take measures under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) to remediate uncontrolled or abandoned hazardous waste sites which threaten public health or the environment.  The CERCLA does not require that an HRS score be finalized if public health or the environment can be protected through other means.   The NPL was developed to aid EPA in identifying and prioritizing sites for remedial actions, and the HRS is a tool that EPA uses to help identify sites that may be eligible for NPL inclusion.  One of the factors the Agency considers is whether there are other response alternatives or actions under other laws.  Kelly Air Force Base was targeted for closure in 1995 by the Defense Base Closure and Alignment Commission, and Section of 102(h)(3) of CERCLA requires that EPA agree that "all remedial action necessary to protect human health and the environment" has been taken and that any required remedy is in place and operating successfully as a condition of transfer of Federal property by deed at closing bases.  The EPA believes that the State's RCRA actions will adequately address the concerns to which Superfund would respond and will be protective of public health and the environment.

	3.	Where is the documentation for the process?

		The CERCLA, the National Contingency Plan, and RCRA provide detailed information on the processes being utilized at Kelly Air Force Base.  In addition, all documents regarding the Hazard Ranking Score have been made public, and copies were provided to Mr. Quintanilla.  Additional copies of these documents can be obtained by addressing a  Freedom of Information Act request to the U.S. Environmental Protection Agency, 1445 Ross Avenue, Dallas, Texas 75202.

B.	With regard to the decision to defer placing Kelly Air Force Base under CERCLA

	1.	What public notice was given?

		The EPA evaluated the site for potential inclusion on the NPL but determined that the site was being adequately addressed under the RCRA program.  Public notice is not required as part of this process.  In the case of Kelly Air Force Base, the Restoration Advisory Board, established in 1994, provides a mechanism to address community concerns related to the RCRA cleanup at the base.
	
	2.	What are the steps in the process?

	There are three criteria listed in EPA's Interim Final Revisions to Policy For Listing Federal Facilities on the NPL (November 1997).   The EPA uses the criteria to aid in determining whether or not to place a Federal facility on the NPL.

	?	The CERCLA site is currently being addressed by RCRA Subtitle C corrective action authorities under an existing enforceable order or permit containing corrective action measures.

		On June 12, 1998, the TNRCC issued Kelly Air Force Base a permit to perform closure and post closure care including RCRA corrective action.  The compliance plan encompasses both on-site units as well as any off-site contamination that has resulted from these units.  It also provides a schedule for compliance.

	?	The response under RCRA is progressing adequately.

		The EPA is working closely with the TNRCC and the U.S. Air Force to ensure that restoration activities at Kelly Air Force Base are progressing according to the compliance plan and to ensure that all remedial actions are protective of human health and the environment.  Currently, the Air Force is conducting a "Base Wide Risk Assessment" that will encompass the risk to nearby population from both on-site and off-site contamination. 

	?	The state and community support deferral of NPL listing.

		Since 1996, it has been EPA's policy to obtain concurrence from the Governor of the State or his designee prior to proposing a site to the NPL.  The TNRCC is the designated RCRA authority and has issued a permit and compliance plan to Kelly Air Force Base and the restoration is adequately progressing under their authority.   Since the restoration is progressing adequately under the States authority, it is unlikely that the State would support NPL inclusion of Kelly Air Force Base.  In addition, the Interim Final Revisions specify that it is the responsibility of the Federal facility and the State to inform the community of the deferral and recommends that the Federal facility establish a Restoration Advisory Board (RAB) to facilitate community concerns.  The RAB at Kelly Air Force Base was established in November 1994 and is a key component for public participation under the current base closure process.  EPA officials regularly attend these meetings and are available to answer questions regarding the ongoing restoration activities at Kelly Air Force Base.  The implementation of the RAB complies with the public information requirements of the Interim Final Revisions.

	?	Why was the process not completed?

		Kelly Air Force Base has been regulated under RCRA since its inception.  The EPA evaluated Kelly Air Force Base for CERCLA consideration and concluded that the facility is being adequately addressed under RCRA.  The RCRA cleanup continues under State oversight.

	?	What are the important differences between RCRA and CERCLA?

		The Resource Conservation and Recovery Act (RCRA) was enacted in 1976 to handle and dispose of hazardous wastes generated by operating industrial-type facilities.  The RCRA created comprehensive, "cradle-to-grave" controls on owners and operators of facilities which treat, s tore, or dispose of hazardous waste.  The owners of such facilities are required to take specific corrective actions to clean up hazardous wastes released from waste management units, and to close waste management units in accordance with the requirements of the facility permit and/or compliance plan.  Because the regulatory agency overseeing the cleanup is the one which was previously involved in issuing facility permits and monitoring waste management practices under the regulatory authority of RCRA during facility operations, the environmental investigation and response can proceed uninterrupted.

		The Comprehensive Environmental Response, Compensation and Liability Act (CERCLA or Superfund) was passed by Congress in December 1980 to address releases of hazardous substances.  The CERCLA originally established a fund (the Hazardous Substance Trust Fund or Superfund) from taxes levied on industry for use by the Federal Government, primarily EPA and the U.S. Coast Guard.  The CERCLA mandates that actions taken to abate the release of hazardous substances should be protective of human health and the environment, but draws specific cleanup requirements from regulatory statutes such as RCRA.  Although the process of how investigations and remedies are implemented is somewhat different, RCRA and CERCLA have identical endpoints, i.e., protection of human health and the environment.
	
C.	Where is the environmental justice for our communities?
 
	The EPA is confident the actions being taken at Kelly Air Force Base under the RCRA program will protect public health for all citizens living near the base.