May 12, 2002

Curt Gandy CERTIFIED MAIL #

Executive Director

US Army, Fort Ord BRAC Office

Attn: Gail Youngblood, Remedial Project Manager

PO Box 5004

Presidio of Monterey, CA 93944

Subject: Comments on the Proposed Plan -- IA for Vegetation Clearance, Ordnance & Explosives Remedial Action and Ordnance & Explosives Detonation, Ranges 43-46, Range 30A and Site OE-16; and Supporting Documents

Ms. Youngblood:

Monterey Bay Toxics Projects has a Technical Assistance Grant (TAG) from the US Environmental Protection Agency (US EPA) which enables us to review Army documents and provide comments on Fort Ord Superfund cleanup and restoration. Presented here are our comments on the Army’s plan to employ prescribed burning in an attempt to remediate former Fort Ord firing ranges.

MBTP has tasked three (3) of our TAG Advisors (TAs) to review and comment on the above referenced Interim Action – "Proposed Plan" for vegetation clearance and the subsequent open burning/open detonation of ordnance & explosives on the above referenced Fort Ord firing ranges. I am submitting all three MBTP TAs comments (attached) under this cover letter. These comments are to be considered, and responded to as a single document. The attached TA’s reports are the comments of the Monterey Bay Toxics Projects for the Administrative Record.

As you know, waste military munitions, including unexploded ordnance (UXO), are by definition a hazardous waste. The Donovan Blast Chamber and "tent and foam" technologies are alternative safe modes of treatment for UXO. Yet, in this Proposed Plan, the Army continues to proceed with Open Burn/Open Detonation (OB/OD) of UXO. It is thereby treating hazardous wastes in violation of California environmental law (of 22 CCR section 66265.382). I am dismayed to find that by proposing this IA plan, the Army intends to continue violating California laws and regulations at Fort Ord. (see attachment, MBTP letter, 6-13-01)

Our review of the Army’s IA Proposed Plan is disturbing in its shallowness of assumptions regarding the impacts on human health and environment, in both the long and short term. Army failed to include its as yet incomplete "Relocation Plan" in the legally required "Proposed Plan." No individual evaluation of human health effects due to vegetation burning or OB/OD of explosives have been documented, nor has any epidemiological study been done for those effected by the Fort Ord Superfund site. Has a reliable Human Health Risk assessment has been done at all?

The Army assumes a Human Health Risk with out supporting data. Where is the HHR assessment? An ATSDR letter (10-3-01) to the Monterey Air Pollution Control Board and Monterey County Health Department states, " … data provided to ATSDR was not sufficient to evaluate public health exposure to the community surrounding Fort Ord for the fire of July 1999", nor any other Fort Ord fire, I might add.

Equally disturbing is the lack of accurate and verifiable data supporting the assertions and assumptions made by the Army, regarding the type and quantity of UXO present. This raises serious questions as to the creditability of the Army’s rational for selecting the prescribed burn approach. The Army’s conclusions are obviously biased to suit a desired decision, and not factually supported.

The Army fails to recognize that smoke created by burning vegetation, which may in itself be toxic (poison oak, urushiol), will produce carbonaceous material (nuclei) with an excellent surface area, capable of transporting unknown compounds (likely toxic), in unknown quantities, unknown distances, for an unknown period of time.

Furthermore, the Army has no credible method or model to measure their air pollution event if it is initiated. The Army cannot predict accurately, where the smoke plume will come down to the surface, as was established in litigation at Sierra Army Depot (see attached, 5-8-02).

Finally, the Army presents insufficient evidence of high risk and imminent danger, which is supposed to be the basis for the IA Proposed Plan. In any case, simply increasing surveillance and site security can easily abate the threat to the public due to trespassing on Fort Ord ranges. Over all, this conservative and realistic approach will be more protective of human health and the environment than the proposed IA. It will be more economical and cost effective for the Army and the taxpayers. And by comparison, the intrusive and adverse impacts on local residents and the public will be almost nonexistent.

Thank you for the opportunity to review the IA Proposed Plan. I hope these comments are helpful to you. Please contact me if you have any questions. I may be reached at (831) 375-9464.

Sincerely,

Curt Gandy

Cc: Gray Davis, Governor CA Fort Ord BCT

Fred Keeley, Assemblyman Gail Youngblood, Army BEC

Keith Takata, US-EPA John Chesnutt, US-EPA

Ed Lowry, CA-EPA, DTSC Rizgar Ghazi, CA-EPA, DTSC

MBTP Board of Directors Grant Himebaugh, CRWQCB

Scott Allen, Esq., Cox & Moyer

Attachments: 5

Ed Lowry, Director Keith Takata, Chief

California Environmental Protection Agency US Environmental Protection Agency -

Department of Toxic Substances Control Superfund Division, Region 9

400 P Street, Fourth Floor 75 Hawthorne Street

Sacramento, CA 95812-0806 San Francisco, CA 94105

The Honorable Gray Davis John Chesnutt, Remedial Project Mgr.

Governor of California US Environmental Protection Agency, Reg. 9

1st Floor State Capital Mail Code: SFD-?-?

Sacramento, California 95814 75 Hawthorne St.

San Francisco, CA 94105

Honorable Fred Keeley Viola Cooper, Community Involvement Coordinator

Assemblyman US Environmental Protection Agency, Reg. 9

100 Campus Center, Bldg.58 Mail Code: SFD-3

Seaside, CA 93955 75 Hawthorne St.

San Francisco, CA 94105

Rizgar Ghazi, Remedial Project Mgr. Grant Himebaugh, Remedial Project Mgr.

Cal-EPA DTSC CRWQCB, Central Coast Region

10151 Croydon Way, Suite 3 81 Higura Street, Suite 200

Sacramento, CA 95827 San Louis Obispo, CA 93401-5414

US Army Scott J. Allen, Esq.

Gail Youngblood, Remedial Project Manager Cox & Moyer

PO Box 5004 703 Market Street, Suite 1800

Presidio of Monterey, CA 93944 San Francisco, CA 94103