| Action Date |
Action |
Description |
DEC Staff |
| 12/22/1976 |
Update or Other Action |
Memorandum of Understanding among: TDX, TANAQ, and USDOC NOAA NMFS regarding Pribilof Islands Land Selections. Negotiations undertaken by the parties to resolve potential conflicts between village corporation and federal land selections on the Pribilof Islands under the ANSCA were successfully concluded during a third meeting held on St. George Island in June 1974. The Parties desired to record the items agreed upon during this meeting and during the two previous negotiating sessions held on St. Paul Island in April 1974 and in Seattle WA in February 1974.
The parties intend that this record of agreed items serve as a permanent background against which to compare and construe the land selection requests made by the parties to the BLM, Dept. of Interior, pursuant to the ANSCA.
Joint Use Areas. Areas not shown on Exhibits. Further areas not shown on the attached exhibits which are available for selection by the appropriate Village Corporation, but subject to joint management (category 3 of paragraph 1b above) are as follows: "Vehicle Boneyard" (Truck Dump)-St. George Sanitary Landfills and "Vehicle Boneyards" (truck dumps) which are subject to joint management may be used free of charge for their intended purposes by the non-owning party.
* Land and any improvements thereon to be retained in fee simple by the Federal Government as in **subparagraph (b)(1) above, but subject to joint management by the Pribilof Islands Joint Management Board pursuant to the agreement creating said Board.
**Section (b)(1) "Government Withdrawal" states: land and any improvements thereon to be retained in fee simple by the Federal Government as the smallest practicable tract enclosing land actually used in connection with the administration of a Federal installation, within the meaning of 3(e)(1) of the Alaska Native Claims Settlement Act, 43 USC 1602(e)(1); such property not presently considered by the parties to be subject to joint management by the Pribilof Islands Joint Management Board. |
Louis Howard |
| 10/31/1983 |
Update or Other Action |
Disposal of Federal property on Pribilof Islands (the Pribilofs)- (a) Submission to Congress of property transfer document - Any provision of law relating to the transfer & disposal of Federal property to the contrary notwithstanding, the Secretary, after consultation with the Secretary of the department in which the Coast Guard is operating, is authorized to bargain, grant, sell or otherwise convey, on such terms as he deems to be in the best interests of the United States (U.S.) & in furtherance of the purposes of this chapter, any & all right, title, & interest of the U.S. in & to the property, both real & personal, held by the Secretary on the Pribilofs: Provided, That such property is specified in a document entitled "Transfer of Property on the Pribilof Islands: Descriptions, Terms & Conditions," which is submitted to the Congress on or before October 31, 1983.
(b) Contents of property transfer document - shall include, but need not be limited to: (1) a description of each conveyance; (2) the terms to be imposed on each conveyance; (3) designation of the recipient of each conveyance; (4) a statement noting acceptance of each conveyance, including the terms, if any, under which it is accepted; & (5) an identification of all Federal property to be retained by the Federal Government on the Pribilofs to meet its responsibilities as described in this chapter & under the Convention.
(c) Report to Congress of fair market value of transferred property - Within 60 days of the transfer of real or personal property specified in the document described in subsection (a) of this section, the Committee on Merchant Marine & Fisheries of the House of Representatives & the Committee on Commerce, Science, & Transportation of the Senate shall be given a report prepared by the Secretary stating the fair market value at the time of the transfer of all real & personal property conveyed.
(d) Memorandum of Understanding (MOU)- A MOU shall be entered into by the Secretary, a representative of the local governmental authority on each Island, the trustee or trustees, & the appropriate officer of the State of Alaska (the State) setting forth the respective responsibilities of the Federal Government, the Trust, & the State regarding - (1) application of Federal retirement benefits, severance pay, & insurance benefits with respect to Natives of the Pribilofs; (2) funding to be allocated by the State for the construction of boat harbors on St. Paul & St. George Islands; (3) assumption of the State of traditional State responsibilities for facilities & services on such islands in accordance with applicable laws & regulations; (4) preservation of wildlife resources within the Secretary's jurisdiction; (5) continued activities relating to the implementation of the Convention; (6) oversight of the operation of the Trust established by section 1166(a) of this title to further progress toward creation of a stable, diversified, & enduring economy not dependent up commercial fur sealing; (7) the cooperation of government agencies, rendered through existing programs, in assisting with an orderly transition from Federal management & the creation of a private enterprise economy on the Pribilofs as described in this chapter; & (8) such other matters as may be necessary & appropriate for carrying out the purposes of the chapter, including the assumption of responsibilities to ensure an orderly transition from Federal management of the Pribilofs. |
Louis Howard |
| 12/22/1986 |
Update or Other Action |
Covered by the Memorandum of Understanding among: TDX, TANAQ, and USDOC NOAA NMFS regarding Pribilof Islands Land Selections. Joint Use Areas: Further areas not shown on the attached Exhibits which are available for selection by the appropriate Village Corporation, but subject to joint management (*Category 3 of paragraph 1(b)).
*Not Withdrawn, subject to Joint Use Agreement, that is, land and any improvements thereon to be available for selection by the Village Corporation, but subject to joint management by the Pribilof Islands Joint Management Board pursuant to the agreement creating said Board. Sanitary Landfills and "Vehicle Boneyards" (truck dumps) which are subject to joint management may be used free of charge for their intended purposes by the non-owning party. |
Louis Howard |
| 2/28/1993 |
Update or Other Action |
Preliminary Assessment conducted by E&E, Inc. staff with the Corps of Engineers representative on October 5, through October 8, 1992 for Saint Paul and Saint George Islands. The PA did not present extensive or complete site characterization, contaminant fate determination, qualitative or quantitative risk assessment or discussion regarding sites' aesthetics. During each site visit, a photoionization detector (PID) was used to determine if potential source areas were emitting organic vapors (OV).
Boneyard C is located at the end of the landfill access road and contains 4 dump trucks, one water filled drum, 2 ASTs and an engine block. No signs of stained soil or stressed vegetation were noted at the time of the site visit at B or C boneyards. Recommendation: determine the nature of the POL, CERCLA and PCB contamination. |
Jennifer Roberts |
| 7/20/1994 |
Notice of Violation |
Notice of Violation (NOV) issued this date by Janice Adair to NOAA Ms. Sharon L. Lundin regarding Former National Marine Fisheries Service Facilities, Saint George Island. ADEC has reviewed the March 31, 1994 Phase 1B Environmental Assessment Report prepared for NOAA. ADEC has determined that NOAA, on behalf of the National Marine Fisheries Service, which owned, operated, and managed Saint George Island until 1984 is liable for environmental pollution resulting from past practices and is responsible for taking action to contain and cleanup all spills and releases as well as solid waste which are or were the result of federal activities and operations on Saint George Island. These pollution incidents are in violation of numerous provisions of Alaska Statutes including AS 46.04.020, AS 46.09.020, AS 46.03.100.
Alaska Statute 46.03.822 establishes who is liable in a pollution incident. Records available to ADEC indicate that NOAA meets the criteria.
1) owned or controlled the hazardous substance at the time of its release;
2) owned or operated the property from which the release occurred;
3) owned or operated property at which the hazardous substances came to be located.
The State is authorized, under Alaska Statute Title 46, to respond to this pollution incident if response actions are not satisfactory to the Department. In the event that State response actions are necessary, the responsible parties may be held financially liable for any response actions taken by the State. Recoverable costs include salaries of personnel, travel, contracts, legal fees, indirect costs and interest and other costs associated with the response.
Please respond in writing within thirty (30) days from the date of this letter addressing your intended actions with respect to the environmental pollution due to federal activities on Saint George Island. Please submit two (2) copies of information requested in this letter. |
Janice Adair |
| 8/11/1994 |
Update or Other Action |
ADEC S. Mawson sent letter to Sharon Lundin NOAA regarding the Former NMFS facilities on Saint George Island. ADEC traveled with NOAA, their consultant, Tanaq Corp. and City of Saint George and their consultant to jointly identify all of the known sites which must be evaluated for remediation in order for Department of Commerce, on behalf of the Federal Government, to comply with State of Alaska statutes and regulations. We also agreed in principal on a sampling protocol. NOAA staff appeared unaware that heating fuel spills associated with underground storage tanks (USTs) were the responsibility of the Federal Government in spite of the fact that the tanks were installed by the Federal Government. Additionally, the fuel used to fill the tanks was owned by the Federal Government and the Federal Government used the tanks during the course of the Federal Government managed fur seal harvest. Our regulations are clear about responsibility for fuel spills.
NOAA staffs were also unaware of their responsibility for waste debris. Some of that debris includes vehicles that were brought to Saint George from Amchitka Island, the site of an underground thermonuclear detonation in the 1970s. Our law are also clear about responsibility for these materials. That responsibility remains with the Federal Government.
One other outstanding issue was the condition of the drum dump that is buried in the elementary school playground. NOAA staff disputed the claims of residents that the site has been used for waste disposal and suggested that drums have been carefully placed for slope stability. Although the site had been covered forty years ago, one drum was uncovered (through 4 test holes) that was clearly labeled to have leaded gasoline and the owner's name was the U.S. Fish and Wildlife Service. There was evidence that some of the drums were laid out in an orderly manner, although disposal or use of the drums in this way by the Federal Government is unacceptable.
The last test hole at the elementary school, however, confirmed that refuse had indeed been buried at this site. Among other items excavated was a test tube, similar to those used for blood samples, indicating that medical waste may also have been disposed of in this dump. The presence of this buried refuse and the possible biohazards associated with it are particularly disturbing in an elementary school playground. ADEC is awaiting NOAA's formal response to the July 20, 1994 Notice of Violation letter and if that response conforms to the commitments made on Saint George, then it should be satisfactory. |
Simon Mawson |
| 8/19/1994 |
Update or Other Action |
Letter from NOAA WASC to Janice Adair regarding former National Marine Fisheries Service Facility, Saint George Island response to July 20, 1994 NOV Letter. 1) Name and Agency affiliation of the person answering. Sharon L. Lundin, Chief, Facilities and Logistics Division, Western Administrative Support Center (WASC), Seattle Washington. WASC is a field component of NOAA's Office of Administration, which provides administrative services to Department of Commerce offices located in 10 western states, Alaska, Hawaii, and the Trust Territories. This office is undertaking cleanup on the Pribilof Islands on behalf of NOAA's National Marine Fisheries Service (NMFS).
2) Copies of all written material describing known spills or releases, or stored hazardous substances or solid waste disposal areas at the site, and a description of corrective measures that were taken. Information on any suspected releases which may have occurred or are occurring. To NOAA's knowledge, there is no historical written material addressing these topics. Sharon Lundin and her staff have reviewed to date many thousands of pages of archived material on operations on Saint George Island, including daily logs of the Island Manager and have found nothing at all. All of these materials were written prior to 1984. We are continuing to search for additional records.
Current records, generated through this office, include February 1993 Preliminary Assessment (PA) covering both islands, Woodward-Clyde March 31, 1994 Phase 1B Environmental Assessment Report done after the drum cleanup work last year (1993), which ADEC indicated to have reviewed. NOAA enclosed an additional copy of the PA. It should be noted that few new sites, identified the first week of August by the village residents, are not reflected in these reports.
3) History of land uses on the property, nature of past present federal operations, any actions that may have caused a release or threat of release of hazardous substances. Describe the physical characteristics of current or former federal facilities including major structures, water wells, fuel or waste storage systems, drainage systems, and solid waste disposal areas.
Attachment A is a summary of Pribilof history and NMFS operations. A copy of the document nominating both Islands as a National Historical Preservation District is included, which gives information on the major structures. A map identifying water wells and solid waste disposal areas insofar as we know them is included in the PA. NOAA does not have the as-builts of any structures on Saint George, or of underground piping systems. It has recently come to NOAA's attention that Indian Health Service may have some additional information about the wells and landfill; we have not had the staff resources necessary to research this yet.
During an August 2-4, 1994 site visit, NOAA, City of Saint George, ADEC came to a consensus on a comprehensive sampling plan for all sites on the Island including a few new sites recently identified by residents. As soon as it is finalized and approved by ADEC, NOAA will do the sampling in mid-late September 1994. One of the new sites identified was PCB-filled transformers located next to the schoolyard. NOAA will be removing them and disposing of the wastes in the same time period that sampling is conducted, when NOAA has staff on the island. |
Janice Adair |
| 12/9/1994 |
Update or Other Action |
AG Letter dated to 12/7/1994 to NOAA re: legal issues raised in 11/17/1994 meeting with NOAA. NOAA has noted its position that 1) the solid waste debris areas on Saint George Island are not NOAA's responsibility and 2) that state regulations should not guide cleanup of these sites. The federal government is liable under a number of federal and state laws for resolving solid waste, hazardous waste and other environmental contamination on the Pribilof Islands that resulted from federal operations.
Solid waste debris: NOAA has taken the position that it is not responsible for the proper disposal of debris abandoned by the federal government on the Island, including vehicles, construction equipment, transformers, old fuel storage tanks and other debris. Solid waste is defined in federal and state law as any discarded material, including solid, liquid, semisolid, containing any gaseous material resulting from industrial, commercial, mining, and agriculture activities, and from community activities 42 USC 6903 (27). Abandoned vessels, vehicles, construction equipment, scrap, transformers, old tank systems, and other debris fall into this definition. |
Ray Dronenburg |
| 12/19/1994 |
Update or Other Action |
Simon Mawson ADEC Letter to NOAA dated December 19, 1994 to Kelly Sandy-Re: outstanding issues regarding the substantial endangerment as it applies to the school yard dump and whether or not the State of Alaska solid waste disposal regulations require excavation of and removal of the solid waste in old dumps for closure purposes.
NOAA's letter 12/8/1994 from Kathleen Chorestecki seems to limit NOAA's concern to subsidence at the old dump and safety issues that may be associated with subsidence. Her letter indicates that this matter seems to be "driving factual element" behind the substantial endangerment argument and that "rumors" of subsidence cannot be substantiated. ADEC does not agree that subsidence is the only concern or even the primary concern. For many years the island of Saint George was operated by NOAA. There is no indication it was NOAA's practice to export waste materials from the island. To the contrary, the presence of three dumps (*note to file-see TPA 4 STG Active landfill, TPA 5 STG Open Dump Site, TPA 7 Ballfield and Former landfill on STG) tend to support the argument that these wastes materials were routinely disposed of on the island.
These wastes would be those typical of operation of a small municipality and fur seal harvesting operation. NOAA leased houses to the island residents and operated all of the utilities in support of the community. All fuel, solvents, medical supplies and equipment were shipped to the island primarily by barge. Wastes were disposed of by generally accepted practice at the time of operation which was in the dumps. Additionally, residue from spills typical of bulk fuel storage operations at the time were also not cleaned up. It is the disposition of these materials that gives ADEC primary concern for risk to residents of the islands, not just subsidence of the approximately 3,000 drums that were disposed of in the schoolyard dump.
18 AAC 60 Article 4 is the regulation that describes actions that must be taken for closure of solid waste disposal facilities. These regulations do not require that solid waste materials be excavated and removed for proper disposal from illegal dumps. Rather they describe some specific criteria and performance measures that must be met when dumps are closed out. These regulations do not preclude excavation and proper disposal of waste materials and based on the evaluation of alternatives and costs associated with each alternative as well as location of the illegal dump, excavation and removal of these materials may be the preferred and required alternative. Several requirements of 18 AAC 60 should be considered, 18 AAC 60.401(b)(4) "ensuring that the cap is revegetated or otherwise treated in a manner appropriate to the long term use of the facility" as well as the long term monitoring requirements. |
Simon Mawson |
| 2/1/1995 |
Update or Other Action |
Breck Tostevin letter to NOAA Office of General Counsel Kathleen Chorostecki. AGO File Number 661-95-0126. The January 3, 1995 NOAA letter in response to AG's letter of December 7, 1994 to NOAA. NOAA letter does not address NOAA's obligations under federal environmental statutes (CERCLA, RCRA, TSCA, and the open dump provisions of RCRA. 40 C.F.R. Part 257). NOAA's analysis of the waivers of federal sovereign immunity in the federal statutes is premised on two (2) fundamental legal misconceptions. The first is that a state must have a "delegated federal program" in order for its laws to be considered "requirements" within the meaning of the waivers in the Clean Water Act or the Solid Waste Disposal Act. This conclusion is contrary to the plain terms of the two acts. The waiver sections speak of state and local "requirements" respecting "water pollution" and "solid and hazardous wastes". 33 U.S.C. 1323, 42 U.S.C. 6961. Nothing in the waiver sections limit these state and local requirements to those that are part of a federal program delegation. Rather, delegation of a federal program allows a state to enforce its program "in lieu of the federal program". See e.g. 42 U.S.C. 6926(b). If a state program is not delegated, EPA retains the right to enforce the federal program. The fact that a state has not received authorization to implement the federal program does not deprive state law of effect.
NOAA's reliance on U.S. v. State of Colorado, 990 F.2d 1565, 1569 (10th Cir. 1993) is misplaced in that it does not stand for the proposition that "only under an EPA-authorized program may a state impose upon a federal agency state law requirements concerning activities "under RCRA.” The site at issue in Colorado was Basin F of the Rocky Mountain Arsenal which EPA in 1989 placed on the Superfund National Priorities List (NPL). The U.S. Army sought to block Colorado's enforcement of its delegated hazardous waste program at the site on the grounds that CERCLA barred inconsistent state remedies. The 10th Circuit held that Colorado's administrative order under its delegated hazardous waste laws was not a "challenge" to CERCLA response action within the meaning of 113(h) of CERCLA.
Since the Pribilofs are NOT on the NPL, section 113(h) of CERCLA does NOT apply at all to the case at hand. With or without RCRA delegation, the State of Alaska can enforce its solid and hazardous waste laws. Rather than restricting the rights of states to enforce their environmental laws, the Colorado case was important in its recognition of the important role states have in ensuring federal compliance with our nation's laws. Should CERCLA removal or remedial actions be pursued to address hazardous substances at any of the Pribilof Island sites, those actions would have to comply with Alaska laws under the ARARs provisions of CERCLA? See 42 U.S.C. 9621, 40 CFR 300.430.
The second legal misconception is that Alaska's statutes and regulations "lack sufficient specificity" to waive sovereign immunity. A careful examination of Alaska's water quality regulations (18 AAC 70) and its solid waste regulations (18 AAC 60) demonstrate that these provisions set for the concise, objective standards, including numerical pollutant concentrations. Even with respect to narrative standards, the United States Supreme Court has concluded that such provisions are enforceable as "requirements" Washington Department of Ecology, 114 S. CT. 1900, 1910-11 (1994) (recognizing that criteria "are often expressed in broad, narrative terms, such as 'there shall be no discharge of toxic pollutants in toxic amounts.'"). Similarly, in a CERCLA ARARs case, the Sixth Circuit Court of Appeals concluded that "general requirements containing no specific numerical standards, or any implementing regulations, can be enforceable ARARs" U.S. v. Akzo Coating, 946 F.2d 1409 142 (6th Cir. 1991). |
Ray Dronenburg |
| 6/1/1995 |
Site Added to Database |
RRO. |
Ray Dronenburg |
| 6/1/1995 |
Update or Other Action |
(Old R:Base Action Code = SA1R - Phase I SA Review (CS/LUST)). Expanded site investigation. |
Ray Dronenburg |
| 5/6/1996 |
Site Ranked Using the AHRM |
Initial ranking by Shannon and Wilson. |
S&W |
| 1/17/1997 |
Update or Other Action |
Letter to Minh Trinh NOAA PPO PM, UST comments to be covered under separate comment letter relating to any and all activities relating to removal of USTs. Comments mainly for portion of the plan that deals with debris removal and stockpiling of contaminated soils.
a) The stockpile plan identified in section seven (7) is approved as written.
Debris Removal (vehicles). The Department does not assume nor will the contractor "assume" that vehicles identified as debris under the TPA are free from hydrocarbons. In fact, the Department will require that all vehicles be checked for fluids before being compacted and stockpiles for shipment off island.
Open Burning. The department has promulgated new regulations regarding open burning. The document dated January 18, 1997 has been provided by the contractor. |
Ray Dronenburg |
| 5/20/1998 |
Update or Other Action |
Laura Ogar Solid Waste Program re: Expectations for Remaining Work and Regulatory Compliance for Solid Waste Projects Pribilof Islands. Of primary importance to the Department will be NOAA's assessments of the source areas (SA) to identify the extent of solid waste and any solid waste impacts at each site. Specific expectations for the SAs include:
Documentation at SAs containing buried waste must include and estimation of the footprint area and depth of the waste material and include the site longitude and latitude to accurately identify the waste disposal area. Information on groundwater (depth to, gradient, etc,) must also be provided.
Information must be provided on the depth to groundwater as a potential receptor for contamination if buried waste is present and/or suspected surface contamination is sufficient to warrant concerns for leaching. Where surface debris has been removed, the Site Investigation will be required to include evidence to support a conclusion that surface contamination does not exist.
Any surface debris removal must be fully documented to include a description of the volumes and types of wastes removed, and identify the approved final disposal location of any wastes removed from a SA through tipping fees, shipping records, etc.
Locations where buried waste will remain in the ground, solid waste landfill closure standards of 18 AAC 60 must be met. Typical landfill closure standards include the placement of final cover over the buried waste footprint to minimize infiltration and erosion. The applicable closure standards for the individual sites should be discussed with the SW Program staff prior to the development of a closure plan being developed. A closure plan must be submitted to the SW Program for review and approval prior to work being performed.
Permanent markers or survey monuments must be established from which the exact location of a facility can be determined. A notation must be recorded on the deed of the property containing the waste disposal site stating that the land has been used as a landfill and future use of the land may be restricted in order to protect and maintain the final cover and any monitoring devices in place.
Post closure monitoring for a period of five (5) years following the placement of final cover and landfill closure. Post closure monitoring will include but may not be limited to annual visual monitoring of the sites and required looking for signs of damage settlement or erosion. Surface and or ground water monitoring may be required if the department finds that pollution from the facility is likely to endanger public health or cause a violation of the water quality standards in 18 AAC 70. |
Ray Dronenburg |
| 10/26/1998 |
Update or Other Action |
Letter to Minh Trinh NOAA project manager. The Department has spent some time attempting to resolve the contention that debris remaining on St. Paul and St. George Islands are the property of military versus NOAA versus National Marine Fisheries Service. Records that are available in the National Archives Facilities in Anchorage, Alaska reveal that ALL goods (both permanent and renewable) came on the island at the direction of NOAA and for the purpose of NOAA. All supplies came by "Cool Barge". Cool Barge was a military operation originating in Oakland California (Navy Supply Depot) and which carried supplies, all of which were marked with Federal Stock Numbers.
The exception to this was under the exclusive use of the Army during the period by 1942 to 1946. However, records again available in the National Archives, indicate that materials abandoned on the Pribilofs by the military and after occupation were utilized by the NOAA for the purpose of NOAA. ADEC strongly suggests that NOAA retain the services of a person or persons to review this historical data which ADEC believes will provide information to support the contention that debris left on the Islands is the responsibility of the Federal Government. |
Ray Dronenburg |
| 11/12/1998 |
Update or Other Action |
Status of Two-Party Agreement (TPA) Site Number 16 OU 1. Preliminary site assessments and drum/debris removal actions completed during 1993 Phase 1B Environmental Assessment and 1994 NOAA removal project. Additional site assessment conducted during Phase I CA 1997. Renegotiated. Phase I Final Debris Removal report due February 1999. Phase II Draft work plan due March 29, 1999. Final work plan due April 26, 1999. Phase II site work will require determination of petroleum contamination extent, remediation of any PCS, confirmation sampling and analysis, site assessment, and site restoration. Monthly progress report to be submitted to ADEC after project award until site closure.
Flow chart attached for confirmation sampling and applicable to all TPA sites. Definition of a site assessment attached also and is applicable to all TPA sites. Site restoration is defined as one or more of the following actions dependent on each TPA site, existing site use, and intended post restoration use: Recontouring, regrading, soil or scoria addition or removal, wind/water erosion control, and revegetation. |
Ray Dronenburg |
| 2/22/1999 |
Update or Other Action |
This is the first week that stipulated penalties against NOAA are invoked by ADEC. Pribilof Islands Environmental Restoration Agreement: Paragraph 70 page 17 Stipulated penalties states: If determined by ADEC to be appropriate, NOAA shall pay to ADEC a stipulated penalty of two thousand dollars ($2,000) for the first week (or portion thereof) and three thousand dollars ($3,000) for each additional week (or portion thereof) in the event NOAA fails to meet any deadline related to a regulated UST or solid waste unit owned by NOAA and included in Attachment A. Interpretation remains whether or not the penalties are for each site in Attachment A per deliverable not received by ADEC or per week for both islands. |
Ray Dronenburg |
| 5/11/1999 |
Update or Other Action |
ADEC (L. Dietrick) Director of SPAR sent a letter to Mr. John Lindsay Pribilof Project Manager NOAA, OR&R, Bldg. 4 7600 Sand Point Way, N.E. Seattle, Washington 98115: As required by paragraph 42 of the Two-Party Agreement you are advised that Mr. Louis Howard is hereby designated as Interim Pribilof Project Manager for the Department of Environmental Conservation. Please consider this modification to the agreement as effective May 15, 1999. As required by the agreement please direct all official communications regarding the agreement through Mr. Howard. |
Larry Dietrick |
| 9/10/1999 |
Update or Other Action |
Letter from Jennifer Roberts which states that ADEC is halting further accrual of stipulated penalties against NOAA for failure to fulfill and meet the requirements of the Pribilof Islands Environmental Restoration Agreement in 1998 and part of calendar year 1999. |
Jennifer Roberts |
| 12/10/1999 |
Update or Other Action |
Revised site schedules received to prevent recurring stipulated penalties. Site characterization plan to be reviewed and commented on by ADEC on 2/15/2000. Contractor to mobilize in field in July 2000. |
Louis Howard |
| 4/11/2001 |
Update or Other Action |
Staff sent NOAA comment letter on TPA 2001 proposed schedules. These proposed revisions to Attachment B of the Pribilof Islands Environmental Restoration Agreement (TPA) are being reviewed under the Modification clause (section 82) of the TPA. Section 82 provides “Modifications, extensions, and/or actions taken pursuant to 6-13 (Review and Comment on Documents); 14-17 (Subsequent Modification); 41 (Briefings and Progress Reports); 50-53 (Sampling and Data/Document Availability); 63-65 (Extensions/Force Majeure) and Attachment B may be effected by the agreement of the Project Managers.”
ADEC approves the new schedule with two exceptions: 1) the schedule for the sites which NOAA has identified as “formerly used defense sites” (FUDS) and, 2) the schedule does not include projected work for many of the sites in calendar year 2002 and beyond.
1) FUDS. With respect to the sites that NOAA has identified as FUDS sites, ADEC does not have sufficient information at this time to make a determination of whether the schedule for these sites should be extended under the force majeure provisions of section 66 of the TPA because of a lack of funding to NOAA due to the appropriation restrictions in Public Law 106-52 (Pribilof Island Transition Act). In order make this determination, ADEC requests that NOAA submit reports and associated supporting data from the investigation and other work performed at the TPA sites or the portions of those sites NOAA is identifying as FUDS sites. ADEC requests that NOAA also submit maps and location descriptions of those TPA sites or portions thereof that NOAA believes are FUDS sites. ADEC will then seek a determination by the U.S. Army Corps of Engineers whether it concurs that theses are FUDS sites and whether the Corps will reopen the sites based upon the new information prepared by NOAA.
2) Long-term schedule beyond calendar year 2001. NOAA’s cover letter accompanying the Project Schedules states that “while a limited number of the schedules go into calendar year 2002, most are not projected beyond 2001 because of the near constant shifting of priorities and the project’s dependence on future appropriations which make such projections meaningless at this time.” While ADEC understands the need to readjust priorities given new information, it is important to establish reasonable long-term schedules for needed work based upon current information. Given that the TPA is premised upon NOAA’s obligation to seek adequate future appropriations to accomplish needed work under the agreement (section 66) it is important that NOAA develop for ADEC’s concurrence a long-term schedule. As you know under section 81, we can adjust the long-term schedule in light of the results of future site investigation and clean-up work. Accordingly, ADEC requests that NOAA develop a long-term schedule for the work contemplated by the TPA given current information at the sites. |
Louis Howard |
| 9/9/2004 |
Update or Other Action |
Formal Request for NFRAP Boneyard C TPA Site no. 16 NOAA Site no. 16. Location: St. George Island, Alaska is approximately 800 miles southwest of Anchorage in the Bering Sea. Boneyard C is located on the island southeast of the city of St. George landfill on a spur road that veers west from the landfill road (latitude 56° 34’ 31.47” N, longitude 169° 35’ 3.00” W.
Legal Property Description: Boneyard C is within Township 42 South, Range 130 West, of the Seward Meridian, Section 1.
Type of Release: Disposal of vehicles, aboveground storage tanks (ASTs), an abandoned steel drum, and miscellaneous metal debris
History:Boneyard C was used primarily for the disposal of abandoned vehicles.
Summary of Site Investigations:A preliminary assessment of Boneyard C performed in 1992 found the site contained four dump trucks, one waterfilled drum, two ASTs (approximately 1040 gallons each), and an engine block (Ecology & Environment 1993, Harding Lawson Associates 1993; Figure 3). Neither staining nor stressed vegetation were noted at the time.
That same year, a phase 1A environmental assessment was conducted (Harding Lawson Associates 1993). Vehicle fluids were drained and bulked, and tanks were inventoried. The two ASTs present were positioned upside down; thus, their interiors were not inspected but both appeared empty. In 1993, a phase 1B environmental assessment involving drum inventory and removal and limited debris removal was conducted (Woodward-Clyde 1994). One drum was removed from the site. The abandoned vehicles at Boneyard C were reinspected for the presence of automotive fluids and found not to contain any.
Summary of Cleanup Actions: Debris removal and site assessment activities were conducted between November 1996 and August of 1997 (Polarconsult Alaska, Inc. 1997a and 1997b). Two dump trucks and two ASTs were removed for off-island disposal. A visual inspection of the tundra was conducted in an effort to identify discoloration or stains that could have indicated a fuel release. Because no such indications were found, collection of soil samples was not deemed necessary. Two of the four dump trucks previously noted by Ecology & Environment (1993) and Harding Lawson Associates (1993) were not specifically accounted for in the debris removal report. The fate of these two vehicles is unknown, however, they are no longer located at the Boneyard C site.
Recommended Action: In accordance with paragraph 59 of the Two Party Agreement (NOAA 1996), NOAA requests written confirmation that NOAA completed all appropriate corrective action at Boneyard C, TPA Site 16/NOAA Site 16 in accordance with the Agreement and that ADEC requires no further remedial action plan from NOAA. |
Louis Howard |
| 9/14/2004 |
Site Closure Approved |
NOAA request for closure approved. No contamination is present above cleanup levels identified in 18 AAC 75 regulations. |
Louis Howard |
| 9/20/2008 |
Update or Other Action |
The U.S. Department of Commerce, National Oceanic and Atmospheric Administration (NOAA) Pribilof Project Office is responsible for site characterization and restoration on St. George Island, Alaska. Although NOAA has attempted to meet State of Alaska soil cleanup levels and has removed contaminated soil to the maximum extent practicable, residual contamination remains at some St. George Island sites. This report documents the nature of known or potential residual soil and groundwater contamination at NOAA-remediated sites and presents the rationale for leaving the contamination in place.
Vehicles, empty ASTs, and miscellaneous metal debris were disposed of at Site 16. Site assessments performed in 1992 inventoried the debris and noted that neither soil staining nor stressed vegetation were evident at the site. In 1993, 1996, 1997 vehicle fluids were drained and bulked, and all debris removed from the site. Additional visual inspections of the site did not identify any areas where potential soil contamination had occurred; therefore, collection of soil samples was deemed unnecessary. |
Louis Howard |
| 9/26/2008 |
Update or Other Action |
Summary of Residual Soil Contamination and Buried Solid Wastes at NOAA Cleanup Sites on St. George Island. NOAA Site No. 16/TPA Site No. 16, Boneyard C: drums, surface debris.
Site status as of September 26, 2008: NFRAP 09/14/2004. Property Owners: Tanaq/TAC. |
Louis Howard |
