PCBs in Lake Cochituate FishUS Army Proposes "No Cleanup" of PCBs in Natick.Comments regarding the final draft of Christine Williams Dear Ms. Williams: I am sufficiently concerned about the US Army Natick SSC, 9 December 2004 Sediment Risk Management Memorandum to forward the following comments: As Restoration Advisory Board Community Co-chair since the inception of this RAB almost a decade ago I have had the opportunity to review the data produced for this and many other site-related environmental risk assessments. I have grave concerns that this particular review is not protective of human health and the environment, and that the assessment is being unwisely used to justify a "no further action" outcome. I would also add that as a longtime Natick resident and user of the lake I have significant personal familiarity with both who uses the lake for fishing, and in what fashion harvested fish are put to use. I include in this personal experience a longtime and close relationship with the Tribe of Natick and Ponkapoag Indians. Comment 1 The level of PCBs detected in Lake Cochituate fish greatly exceeds both the average and maximum level of PCBs in all other Massachusetts lakes and ponds tested. On this basis alone, any risk assessment (RA) should be performed at the highest level of site specificity and with the utmost diligence. This RA fails to uphold these standards based upon a) the limited number of fish used in the analytical portion of this study; b) the failure to capture, monitor or analyze the fish species which are actually caught in the lake; c) the failure to use fish harvesting studies which are current; d) the failure to include minority users of the lake based upon the failure to survey individuals for whom English is not there primary language; e) cultural biases in determining patterns of fish harvesting including cultural variations in users, species collecting, and food preparation methods. Comment 2 Based upon federal regulations promulgated by the Food and Drug Administration all fish containing more than 2 ppm of PCBs are prohibited from interstate commerce for the purposes of human consumption. Despite the detection of multiple lake fish in the course of the RA which greatly exceed this cutoff level, the RA and the likely "no further action" decision of the US Army based on the RA allows the continued harvest and transport of fish by all persons and does not in any way prevent the violation of FDA regulations based upon PCB content. For example lacking any data whatsoever on the actual users of the fishing resource, there is no determination of whether day trippers to or from Rhode Island are harvesting fish from the lake. Comment 3 Harvesting data is inadequate to allow for any confident decision-making based upon this RA. In addition to those issues detailed above in comment 1, there is no data whatsoever collected regarding summer users of the lake, who dramatically outnumber the winter users surveyed in the incomplete, outdated, and racially biased survey used in the RA. Comment 4 The survey data employed in the RA is racially biased because it was restricted to English-speakers only. As an older study, it includes no data from the fast-growing Brazilian community which represents an important local demographic group which was not present in the community at the time of the original creel survey. This is particularly so in Framingham, Massachusetts, a community which essentially abuts the State Park. There is also no differentiation of consumption patterns for Native American Indian users of the lake, who camp annually in the State Park at the invitation of the Tribe of Natick and Ponkapoag Indians. In plain terms, as a matter of Environmental Justice this RA is a do-over. Comment 5 The assumption by the US Army that fish consumption is unusually low compared to previous studies by the Commonwealth of Massachusetts and the USEPA is purely speculative and is not based upon any actual unbiased data. Comment 6 Despite the inadequacies of the data and assumptions employed in the RA the cancer risk levels predicted exceed even the highest identifiable maximum acceptable federal risk levels. While it will be necessary to repeat the RA upon acquisition of higher quality data, even as the RA stands the levels of PCBs in lake fish exceed even the most lax known standards. By itself the Dec. 9, 2004 RA requires that the US Army must begin a feasibility study to select a remedial remedy which will reduce the levels of PCBs in lake Cochituate fish; and "no further action" may not legally be included as an option. Comment 7 This RA is clearly intended to justify a significant deterioration of natural resources, namely the permanent or at least very long term destruction of fisheries resources. I wish to be completely clear that in presenting these comments, I in no fashion suggest that anyone waive any rights to recover damages related to the destruction of natural resources based upon the failure of the US Army to control its releases of PCBs to the environment, nor do I intend to waive any rights granted under CERCLA regulations. Very truly yours, Marco Kaltofen |