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Warmhouse Beach Cleanup q ̓ idiq ̓ abit (‘Camping Place While Drying Fish’) Updates on the Warmhouse Beach Dump Superfund Site Cleanup March 2018 Welcome to q̓ idiq̓ abit, a newsletter to keep you up-to-date on activities at the Warmhouse Beach Dump Superfund Site! The Makah Tribe and the U.S. Environmental Protection Agency are excited to bring you this first issue. The newsletter is designed to let you know about what’s happening at the site, opportunities to get involved, and information resources. We welcome feedback on the newsletter and ideas for future topics. Please contact one of the staff on page 7. In this issue, we give a brief history of the site and how EPA became involved, and define “Superfund” and the “Superfund Process.” Site History The Warmhouse Beach Dump Superfund Site is within the Makah Indian Reservation, about three miles northwest of Neah Bay. The site includes an inactive dump about 7 acres in size, with wastes as deep as 20 feet in some areas. In the past, the dump was used by the Makah Air Force Station, Indian Health Services, U.S. Coast Guard, the Makah Tribe and tribal members, other local and non-local residents, and other entities such as the Cape Flattery School District. Municipal and household solid and hazardous wastes were disposed of at the dump from the 1970s until 2012. In 2012, the Makah Tribe began operating a solid waste transfer station on the reservation. Access to the dump is currently restricted by a locked gate. Signs have been placed to discourage the public from entering the dump. The dump is located on a ridge or “saddle” between the drainage area of two creeks: East Creek and West Creek. East Creek discharges to East Beach near Kydikabbit Point. West Creek discharges to Warmhouse Beach, an important cultural and natural resource for the Makah Tribe. Warmhouse Beach has been used as a summer fishing camp and for subsistence harvest of shellfish, seaweed and berries, and is currently used for camping, surfing, and other recreational activities. Both East and Warmhouse beaches are within the Olympic National Marine Sanctuary along the Strait of Juan de Fuca, which provides habitat for 29 species of marine mammals and 90 species of marine birds.

Qidiqabit: Updates on the Warmhouse Beach Dump Superfund ...A Hazard Ranking Systems Score was calculated in 2012. Based, in part, on information from the Hazard Ranking Systems Score,

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  • Warmhouse Beach Cleanup q̓idiq̓abit

    (‘Camping Place While Drying Fish’)

    Updates on the Warmhouse Beach Dump Superfund Site Cleanup

    March 2018

    Welcome to q̓idiq̓abit, a newsletter to keep you up-to-date on activities at the Warmhouse Beach Dump Superfund Site! The Makah Tribe and the U.S. Environmental Protection Agency are excited to bring you this first issue. The newsletter is designed to let you know about what’s happening at the site, opportunities to get involved, and information resources. We welcome feedback on the newsletter and ideas for future topics. Please contact one of the staff on page 7.

    In this issue, we give a brief history of the site and how EPA became involved, and define “Superfund” and the “Superfund Process.”

    Site History The Warmhouse Beach Dump Superfund Site is within the Makah Indian Reservation, about three miles northwest of Neah Bay. The site includes an inactive dump about 7 acres in size, with wastes as deep as 20 feet in some areas. In the past, the dump was used by the Makah Air Force Station, Indian Health Services, U.S. Coast Guard, the Makah Tribe and tribal members, other local and non-local residents, and other entities such as the Cape Flattery School District. Municipal and household solid and hazardous wastes were disposed of at the dump from the 1970s until 2012. In 2012, the Makah Tribe began operating a solid waste transfer station on the reservation. Access to the dump is currently restricted by a locked gate. Signs have been placed to discourage the public from entering the dump.

    The dump is located on a ridge or “saddle” between the drainage area of two creeks: East Creek and West Creek. East Creek discharges to East Beach near Kydikabbit Point. West Creek discharges to Warmhouse Beach, an important cultural and natural resource for the Makah Tribe. Warmhouse Beach has been used as a summer fishing camp and for subsistence harvest of shellfish, seaweed and berries, and is currently used for camping, surfing, and other recreational activities. Both East and Warmhouse beaches are within the Olympic National Marine Sanctuary along the Strait of Juan de Fuca, which provides habitat for 29 species of marine mammals and 90 species of marine birds.

  • 2 –

    q̓idiq̓abit Updates on the Warmhouse Beach Dump Superfund Site Cleanup March 2018

    How Did EPA Become Involved at the Site? The Makah Tribe has been monitoring surface water, sediment, and groundwater around the dump since 2001. In 2009, the tribe petitioned EPA, pursuant to the Superfund law and the United States’ trust responsibility to the tribe, to conduct environmental assessments of the Warmhouse Beach Open Dump due to increasing concerns about hazardous substances leaching from the dump. In 2010, EPA completed a study of the dump called a “Final Preliminary Site Assessment.”

    A Hazard Ranking Systems Score was calculated in 2012. Based, in part, on information from the Hazard Ranking Systems Score, EPA added the Warmhouse Beach Dump Site to the Superfund National Priorities list in December 2013. This is the list of the nation’s hazardous waste sites eligible for cleanup under the federal Superfund program. The tribe considers cleanup of the dump its highest environmental priority. What is Superfund? In 1980, the U.S. Congress passed the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), commonly called Superfund. This law was passed in response to growing public concern about health and environmental threats from hazardous waste sites. Superfund requires EPA to deal with abandoned, accidentally spilled, or illegally dumped hazardous substances from the past. Other types of pollution are handled by other environmental laws. Putting a site on the Superfund National Priorities List triggers an extensive assessment of the site. This is called the Remedial Investigation. If the RI determines there is a likelihood of risk to human health or the environment, additional actions may be taken. EPA can take three types of actions, known as response actions, to deal with abandoned hazardous waste sites: emergency responses, early actions, and long-term actions. Depending on the size and complexity of a site, cleanup can happen quickly, or it can take many years.

    What is “Fund-Lead?” Superfund law says EPA can make the people or organizations responsible for contamination pay for site studies and cleanup. These people or organizations are called Potentially Responsible Parties (PRPs). EPA negotiates with PRPs to reach agreements on what studies and cleanup actions are appropriate. This type of site is called a PRP-lead site. Sometimes, EPA pays for studies and cleanups from monies appropriated by Congress because no PRPs have been identified. This is referred to as a Superfund-lead or “fund-lead” site, for short. If PRPs are later identified, EPA will work to make PRPs pay back the costs. To date, no PRPs have been identified for the Warmhouse Beach Dump Superfund site. We have not finished our PRP search. Therefore, EPA is using monies appropriated by Congress to pay for site activities. This is why the site is referred to as a “fund-lead” site.

  • –3

    q̓idiq̓abit Updates on the Warmhouse Beach Dump Superfund Site Cleanup March 2018

    The Superfund Process for a Fund-lead Site Site Discovery: The first step in the Superfund process, Site Discovery refers to the number of ways that EPA becomes aware of the need to consider a site for cleanup.

    Preliminary Assessment/Site Investigation (PA/SI): During the PA, EPA reviews any existing information, including earlier sampling results. The PA is followed by the SI, which includes a site visit and additional sampling.

    National Priorities List (NPL): The NPL is the national Superfund list of priorities among known or threatened releases of contaminants, hazardous substances, or pollutants. This list guides EPA in determining which sites warrant further investigation.

    Remedial Investigation & Feasibility Study (RI/FS): Following NPL listing, EPA designs a thorough study of the site. This includes sampling soils, surface water, groundwater, and other media identified. Many times there are a number of sampling events. During the RI, EPA performs risk assessments to determine whether the unique contaminants and pathways of exposure at a site pose threats to people’s health or the environment. During the FS, EPA develops possible ways, called cleanup alternatives, to address unacceptable risks.

    Proposed Plan (PP): The Proposed Plan announces a formal minimum 30-day public comment period. It summarizes RI/FS findings, compares cleanup alternatives, identifies EPA’s preferred alternative, and explains how to provide public comments. EPA issues a plain language fact sheet to the public, summarizing the Proposed Plan. A public meeting is held during the public comment period to present the cleanup alternative, and take verbal and written comments.

    Record of Decision (ROD): The ROD describes the cleanup method EPA selected for the site, and the rationale for the selection. The ROD includes a Responsiveness Summary that addresses public comments from the Proposed Plan comment period.

    Remedial Design (RD): RD is the development of engineering drawings and specifications for site cleanup. It defines how the cleanup will be done.

    Remedial Action (RA): RA means carrying out the cleanup. It could mean building treatment facilities, removing waste piles, containing contamination, or any other aspect to put the cleanup decision into action.

    Place site on Superfund National

    Priorities List.

    Remedial Investigation (RI):

    • Find out nature and extent of contamination.

    • Assess risks to people and environment.

    Feasibility Study (FS):

    Describe and compare possible

    cleanup alternatives using EPA’s 9

    evaluation criteria.

    Proposed Plan:• Present EPA’s

    preferred cleanup option.

    • Formal public comment period.

    Record of Decision:

    Issue cleanup decision.

    Remedial Design:

    Define how cleanup will be

    done.

    Remedial Action:

    Carry out site cleanup.

    EPA’s Superfund Process

    We AreHERE

    Continued

  • 4 –

    q̓idiq̓abit Updates on the Warmhouse Beach Dump Superfund Site Cleanup March 2018

    The Superfund Process for a Fund-lead Site ContinuedDelisting: When a site has met its cleanup objectives, it can be removed from the Superfund National Priorities List.

    Reuse/Redevelopment: The EPA may work with community members and other partners to return remediated hazardous waste sites to safe and productive use, without adversely affecting the cleanup.

    Glossary of Some Key Superfund Terms: CERCLA: A law passed in 1980 designed to fund the cleanup of sites contaminated with hazardous substances and pollutants. It is commonly known as Superfund.

    Code of Federal Regulations (CFR): Publication containing federal regulations. EPA regulations are in Title 40 (40 CFR). These can be found at law libraries and some public libraries.

    Comment Period: An official time period during which the public can review and comment on various documents and EPA actions.

    Early Action: This type of response action is used at a site that poses a threat in the near future. Examples are providing clean drinking water to a community with a contaminated drinking water supply, removing hazardous materials from a site, or preventing contaminants from spreading. Early actions may last a few days for up to five years.

    Emergency Response: This type of response takes place at a site that requires immediate action to eliminate serious risks to people’s health and the environment. An example is a chemical spill in a community.

    Environmental Justice (EJ): Environmental Justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

    Feasibility Study (FS): During the FS, EPA uses the findings from the Remedial Investigation to develop possible ways, called cleanup alternatives, to address unacceptable risks.

    Hazard Ranking System (HRS): A scoring system EPA uses to give a site a number, or score, according to the risk it poses to people’s health and the environment. Risk is a way of saying how likely it is that someone will be exposed to a hazardous substance, and the chance s/he will be harmed by that exposure. Environmental risk estimates how likely it is that a hazardous substance will harm the environment (water, plants, animals, air, and so forth). A site’s HRS score is the primary factor for placing it on the Superfund National Priorities List.

    Long-Term Action: This is used at a site where cleanup may take many years, even decades. Often, both early and long-term actions take place at the same time. Leaking drums can be removed in an early action, while contaminated groundwater is treated under a long-term action.

    National Priorities List (NPL): The list of the nation’s hazardous waste sites eligible for cleanup under the federal Superfund program.

    Potentially Responsible Party (PRP): Individuals or entities responsible for, in whole or in part, the presence of hazardous substances at a site.

    Remedial Investigation (RI): Following NPL listing, EPA designs a thorough study of the site. This includes sampling soils, surface water, groundwater, and other media identified. Many times there are a number of sampling events. During the RI, EPA performs risk assessments to determine whether the unique contaminants and pathways of exposure at a site pose threats to people’s health or the environment.

    Remediation: Cleanup method at a hazardous waste site.

  • –5

    q̓idiq̓abit Updates on the Warmhouse Beach Dump Superfund Site Cleanup March 2018

    Sampling and MonitoringA number of sampling events have been conducted in and around the Warmhouse Beach Dump, as part of the “Remedial Investigation” of this Superfund Site. These events included the sampling of:

    ● Surface water and sediment from nearby creeks; ● Soil within and next to the dump; and,● Surface water, soil and sediment from areas thought not to be impacted by the dump, called

    “background” areas. The data from the 2016 and 2017 sampling events were made available to the Makah Tribe and others in early December 2017. The data will now be evaluated over the next several months and used to decide whether more sampling is needed to better understand the type and areas of contamination, and what risks to people, animals, and the environment exist.

    A number of sampling events have been conducted in and around the Warmhouse Beach Dump, as part of the “Remedial In-vestigation” of this Superfund Site. These events included the sampling of: ● Surface water and sediment from

    nearby creeks; ● Soil within and next to the dump; and, ● Surface water, soil and sediment from

    areas thought not to be impacted by the dump, called “background” areas.

    The data from the 2016 and 2017 sampling events were made available to the Makah Tribe and others in early December 2017.

    The data will now be evaluated over the next several months and used to decide whether more sampling is needed to better understand the type and areas of contamination, and what risks to people, animals, and the environment exist. Taking soil sample near a creek.

    Where are We Now in the Superfund Process? The EPA is at the early stage of the Superfund process, called the “Remedial Investigation/Feasibility Study” or “RI/FS.” During this stage, EPA consolidates data previously collected from the site, determines if there are any data gaps, and collects any missing data.

    During the Remedial Investigation, EPA looks at all this information to assess how the waste from the dump might affect people or the environment. What are the risks that could be caused by the waste? What are the impacts to the environment? These studies determine if people, animals, and plants are exposed to site-related contamination above the EPA’s acceptable risk level. Next, during the “Feasibility Study,” EPA will use the findings from the RI to develop a number of cleanup alternatives.

  • 6 –

    q̓idiq̓abit Updates on the Warmhouse Beach Dump Superfund Site Cleanup March 2018

    Memorandum of Understanding Sets Framework for Coordination

    A Memorandum of Understanding, or MOU, has been established between EPA and the Makah Tribal Council. The MOU supports tribal participation in the Superfund process. It details how the Tribe and EPA shall coordinate on a government-to-government basis in meeting responsibilities under Superfund, and other applicable federal or tribal law, to address releases or threatened releases of hazardous substances associated with the site.

    The Role of Community Engagement Community participation is an important part of a Superfund cleanup. EPA is committed to a robust community engagement program as we work through the Superfund process at the Warmhouse Beach Dump site. EPA intends for its community engagement program to be transparent, constructive, give timely information, and address local needs. EPA will continue to work with the Makah Tribe’s Project Lead and Tribal Council to schedule outreach opportunities that work for the community. These may include community dinner presentations, public informational meetings, workshops, open houses, exhibits at the annual Makah Days event, and other opportunities as identified.

  • –7

    q̓idiq̓abit Updates on the Warmhouse Beach Dump Superfund Site Cleanup March 2018

    Community Involvement Plan Available In 2016, EPA and its contractor, Triangle Associates, finalized the site’s Community Involvement Plan (CIP). The plan is based on interviews with community members and key stakeholders. It identifies the community’s concerns and interests in the cleanup, and records the most effective ways to distribute information and get input about ongoing cleanup studies and activities. The plan reflects comments from the community, the Makah Tribal Council, the EPA, and the Agency for Toxics Substances and Diseases Registry. To get your copy of the plan, please visit Patricia Barros, the tribe’s Warmhouse Beach Dump Site Project Lead, at the Makah Tribal Center, Environmental Division, 101 Resort Drive.

    Who Can I Contact For More Information? EPA: REMEDIAL PROJECT MANAGER (RPM )Claire Hong (206) 553-1813 [email protected]

    COMMUNITY INVOLVEMENT COORDINATOR (CIC) Debra Sherbina (206) 553-0247 [email protected]

    Makah Tribe: PROJECT LEAD, Makah Environmental Health Patricia Barros (360) 645-3278 [email protected]

    On the Web: www.epa.gov/superfund/warmhouse-beach

    Alternative formats are available. For reasonable accommodation, please call Debra Sherbina at 206-553-0247.

    � TTY users, please call the Federal Relay Service at 800-877-8339 and ask for Debra Sherbina at (206) 553-0247.

    mailto:[email protected]:[email protected]:[email protected]://www.epa.gov/superfund/warmhouse-beach

  • Public Affairs and Community Engagement 1200 Sixth Avenue, Suite 900, RAD-202-3 Seattle, Washington 98101-3140 March 2018

    Region 10

    Inside… h The Superfund Process for a Fund-Lead Site h Where are we now in the Superfund Process? h Sampling and Monitoring h The Role of Community Engagement h Much More!

    q̓idiq̓abitUpdates on the Warmhouse Beach Dump Superfund Site Cleanup

    Learn More About the Warmhouse Beach Dump Cleanup on the Web

    https://go.usa.gov/xnt5k

    https://go.usa.gov/xnt5k

    Site History How Did EPA Become Involved at the Site? What is Superfund? What is “Fund-Lead?” The Superfund Process for a Fund-lead Site Glossary of Some Key Superfund Terms: Where are We Now in the Superfund Process?

    Sampling and monitoring Memorandum of Understanding Sets Framework for CoordinationThe Role of Community Engagement Community Involvement Plan Available

    Who Can I Contact For More Information? EPAMakah Tribe: On the Web: Alternative formats are available.