UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

REGION 2
290 BROADWAY
NEW YORK, NY 10007-1866

JUN 1 7 2015

Colonel Alan M. Dodd

District Commander
Department of the Army - Jacksonville District Corps of Engineers
PO Box 4970
Jacksonville, FL 32232-0019

Re: DERP-FUDS Site I02PR006800

Culebra, Puerto Rico

Dear Col. Dodd:

I am writing to express my serious concerns regarding the extent of the work being performed by the
U.S. Army Corps of Engineers (USACE) on the island of Culebra, Puerto Rico under the Formerly
Utilized Defense Sites (FUDS) program. This work is to define the nature and extent of munitions and
explosives of concern resulting from the former use ofthe island and its surrounding 'cayos' for military
practice maneuvers, including activities related to bombardment practice. The island, and underwater
areas around the island, were used for military training from the early 1900's through 1972.

As you may be aware, Culebra was proposed for inclusion on the National Priorities List in August of
2004. While this proposed inclusion has not been finalized, the EPA remains actively engaged on
Culebra as the work performed there by the USACE is of a significant nature in terms of reducing
potential explosive risk to the public. As such, the EPA has devoted resources over the past several
years to the oversight of this effort. Through this oversight effort, the EPA has become increasingly
concerned with the fragmentary nature and funding levels of the current investigations and remediation
efforts performed by the USACE.

Unexploded ordnance items are frequently found in and around public beach areas on Culebra. The
limited nature of the USACE investigation and the lack of proper removal of military items means that
the public may be exposed to potential explosive hazards. For example, in May 2015, a munition item
was found at Zoni beach by a member of the public. These items continue to be found by members of the
public, even in areas previously investigated by the USACE, such as Flamenco Beach. Furthermore, the
emergency protocol which has been established to address found military items has not been effectively
communicated to the various stakeholders, and as a result crucial information often does not get
conveyed to all the stakeholder agencies.

The USACE is using its authorities under the Comprehensive Emergency Response, Compensation, and
Liability Act (CERCLA) to conduct its work on Culebra. To be consistent with CERCLA principles, the
remedial investigation should be designed in such a manner that reveals and defines the nature and
extent of contamination. This is critical to understanding the extent of the problem and developing the
appropriate remedial strategy to achieve permanent solutions, to the maximum extent practicable. Of
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particular concern is that the area that was used for military training is not being fully investigated
notwithstanding the fact that the Archive Search Reports of 1991 and 1995 indicate that it is eligible to
be addressed under the FUDS program. Based on this report, approximately 92,500 acres were eligible
for inclusion in the FUDS program (85,000 acres of which are underwater areas).

At present, the USACE is focusing its efforts on investigation ofthe waters surrounding Culebra,
however fewer than 2,500 acres of the area used for military training are currently being assessed. These
efforts are being undertaken within boundaries established in accordance with the Army's Regulation
No. 200-3-1 which indicates that "properties where military munitions are more than 100 yards seaward
of the mean high-tide point are not eligible" for inclusion in the FUDS program. Although some minor
modifications have been made to this limit in response to a request made by the Commonwealth of
Puerto Rico in 2005, the vast majority of the underwater areas are not being included in the
investigation. The arbitrary nature of these boundaries means that the modeling done to investigate the
smaller area did not fully consider historical target areas and the associated safety arcs and fans. This is
especially important as the project team is using a model that is still under review in terms of applying it
to underwater environments. Given these limitations and the potential for data gaps, the EPA is
concerned that the data obtained could be insufficient to support decision making critical to this project.

It is our view that the investigation and response activities at Culebra under the FUDS program would
significantly benefit from a more comprehensive approach that will help ensure all areas of potential
impact are properly evaluated. Therefore, the EPA recommends that the USACE develop a
comprehensive strategy/plan, in consultation with Commonwealth and federal stakeholders, that will
provide for the full delineation of the nature and extent of the contamination and associated risk. Such
an approach would also provide for a more transparent process and more effective community
involvement.

The EPA urges the USACE to devote additional resources to the management of this project because of
its high potential for explosive hazards. We stand ready to provide our support of your efforts to ensure
its success. Please feel free to contact me at (212) 637-5050 to discuss the above, or have your staff
contact Angela Carpenter at (212) 637-4435.

Your attention to this important matter is greatly appreciated.

Sincerely,

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Judith A. Enck
'f!/Y'I~

Regional Administrator

cc: Weldin Ortiz, Chairman, Puerto Rico Environmental Quality Board

Carmen Guerrero, Secretary, Puerto Rico Department of Natural and Environmental Resources
Susan Silander, Project Leader, US Fish and Wildlife Service