OLYMPIC ENVIRONMENTAL COUNCIL
3632 O'BRIEN ROAD
PORT ANGELES WA 98362
360-417-0855
24 March 1999
Chuck Clarke, Administrator
Region 10 EPA
1200 6th Avenue
Seattle WA 98101
FAX: 206-553-1809
RE: Rayonier Superfund Listing
Dear Chuck:
We want you to understand how thoroughly outraged we are over the behavior of Region 10 regarding the listing of the Rayonier mill site on the NPL. First, you personally sent a letter to the Governor that clearly expressed EPA's view that the site qualified for NPL listing and that EPA intended to list the site. Then you and senior Region 10 officials held a subsequent meeting with the Tribe and DOE to tell the Tribe Region 10 had no intention of listing the site and wanted to defer cleanup to the state, and you urged the Tribe to work out a deal with the state and Rayonier.
Clearly one intent of that meeting was to remove a political problem for the Governor, namely to prevent the Tribe from openly disagreeing with a decision by the Governor to oppose NPL listing. It seems the EPA's intent was to make it easy for the Governor to oppose NPL listing, allowing you to quickly grant the Governor's request to defer the site to the state. All of this will serve the financial interests of Rayonier, but will not assure maximum protection of human health and environment, which is your primary legal and moral responsibility.
This reprehensible Region 10 behavior is like a sad good cop-bad cop routine. You write a letter to calm down the many petitioners who compelled Region 10 to spend large sums of money for an Expanded Site Inspection that produced enough data to qualify the Rayonier site for the NPL. Then you hold the February meeting and tell the Tribe in no uncertain terms that Region 10 has no intention of listing the site. With this behavior Region 10 has sent a clear message to concerned citizens in general and the Petitioners in particular that it can not be trusted, AND that saving Rayonier money is far more important than both the health and welfare of the population living and recreating in Rayonier's pollution and the public's trust in EPA.
Moreover, it also seems clear that Region 10 totally and intentionally deceived the Tribe in leading them to believe that they did not have some important rights under CERCLA. If Region 10 intended to deceive the Tribe and trick them into making a deal with the state, which would however produce a much smaller, less effective cleanup, then Region 10 has done something to seriously worsen federal-Tribe relations. We urge you immediately correct the erroneous and misleading information given by EPA to the Tribe because you have treated them with disrespect. We remind you that we thoroughly oppose granting DOE the right to control the cleanup of the Rayonier site. We have clear evidence that such a cleanup will not be comprehensive and will not thoroughly address the cleanup needs for Port Angeles Harbor-Straitof Juan de Fuca, including Tribe environmental assets and contaminated residential areas. You have determined that the Rayonier mill site is bad enough to qualify for the NPL and we expect EPA to list the site, despite what the state and Rayonier want. We will not allow otherwise.
We urge you to have the integrity to take every measure necessary and to use all of your legal authorities to propose the Rayonier site for the NPL. EPA has documented Rayonier as one of Washington State's worst polluters. EPA also ranks Rayonier's Port Angeles mill along with their Jessup GA and Fernandina FL mills in the nation's top 20% for major chemical releases or waste generation.
You have not, nor could you have any demonstration that DOE is capable, able or trustworthy to enforce their regulations against Rayonier to insure a quality cleanup. Rather, you have every indication to the contrary. The proof is the sad state of hazardous waste DOE allowed Rayonier to pile up affecting our local, state and national resources and our health. This massive pollution and contamination and DOE's previous handling of the site is why you responded positively to the Petitioners request for a Superfund Assessment and why you voted to recommend the site for the NPL.
Rayonier can be compelled to fulfill its responsibilities under CERCLA without using federal funds. EPA has no responsibility to help Rayonier reduce its cleanup costs by permitting it to negotiate a sweetheart deal with the state, including foregoing having to cover EPA's Superfund Assessment costs. EPA's bowing to state's deciding which sites get listed and failure to collect overhead costs from polluters is exactly what the GAO has criticized EPA for.
It continues to amaze and sadden us that EPA so often dispenses of their responsibilities and chooses to work against benefitting our natural resources and health, choosing to fight citizens rather than polluters. Port Angeles, the state and the nation all have cause to benefit or lose by Region 10's action in this Rayonier matter. Citizens can not afford to let this present agreement stand.
Darlene Schanfald
cc: Carol Browner, EPA Director
Robert J. Martin, Ombudsman