Proposed Change in the Cleanup For

EPA Region 5 Records Ctr.

249513 KARL VAN ROY STAT E R E P R E S E NTATIVE November 28, 2006

Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) US EPA Region 5 77 W. Jackson Blvd. Chicago, IL 60604-3590

Dear Ms. Pastor,

I am writing to express my strong support for the recent proposal by the U.S. Environmental Protection Agency Region 5 and the Wisconsin Department of Natural Resources to modify the plan to clean-up PCBs from the Lower Fox River.

As a state legislator, I represent the people in the Green Bay area, and I believe the new plan serves their best interests. The modified plan will clean-up the river in nearly half the time providing innumerable health benefits to everyone sooner. Furthermore, the proposed engineering changes will result in lower PCB levels at the completion of the project. We all long for the day when we can safely eat fish from the Fox once again. The plan will make better use of limited landfill space, an issue which has generated much controversy in the last year. The Green Bay area has been hard hit economically with many plant closings and down-sizing maneuvers. The substantial reduction in the costs offered by the modified plan will greatly help our local economy. The modified engineering plan is also easier and should eliminate potential cost-overruns due to unforeseen problems with the original plan which is technically more difficult to implement.

The clean-up on the Lower Fox River will be the largest project ever done in U.S. history. I am extremely pleased ai the level of cooperaiion there has been so fat between goveinment and industry in dealing with this problem. I believe it is paramount for the economic viability of our community that we do everything we can to further that cooperation and avoid a Superfund situation. The proposed modified plan seems like a win-win for everyone - better protection for human health and the environment, better short term and long-term effectiveness, easier and cheaper plan to implement, and has community support.

Thank you for taking the time to consider my support for the modified plan. I encourage you to move forward with it. The sooner we can clean up the Fox River, the better it is for everyone.

Sincerely,

Karl Van Roy

Cap/to/ Office: Post Office Box 8953 • Madison, Wl 53708-8953 (608) 266-0616 • Toll-Free: (888) 534-0090 • Fax: (608) 282-3690 • [email protected] Residence: 805 Riverview Drive • Green Bay, Wl 54303 • Phone: (920) 662-0804 KARL VAN ROY

Post Office Box 8953 Madison, Wl 53708-8953

Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) US EPA Region 5 77 W. Jackson Blvd. Chicago, IL 60604-3590

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December 27, 2006 Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) EPA Region 5 77 W. Jackson Blvd Chicago, IL 60604-3590 Re: EPA Proposed Changes to Lower Fox River PCB Cleanup Plan Dear Susan Pastor: I am writing in support of the United States Environmental Protection Agency and Wisconsin Department of Natural Resources' proposed modified PCB cleanup plan for operation units 2-5 of the lower Fox River (the Greater Green Bay Area). It is my understanding that the newly proposed plan optimizes sound environmental clean-up methods, allowing for a more tailor-made cleanup plan based on the unique characteristics of the lower Fox River. The revised plan continues to incorporate a significant amount of dredging, yet allows for other methods of cleanup based on newly determined dredging limitations. This will also facilitate greater protection of our riverbanks and structures along the shoreline. Most importantly, the plan will result in lower PCB concentrations after cleanup, which is imperative to the people and economy of the Greater Green Bay area. As you should be aware, the City is conducting major riverfront development, in addition to working with local communities, the State of Wisconsin, and federal agencies to reopen the Fox Locks along the entire rivervvay. These actions will re-invigorate the Fox River as a premier destination for nature lovers, recreational boaters, fishing and sports enthusiasts to enjoy our area's most prized resource. The optimized plan, if approved, will help play a crucial role in bringing our river to life. Once again, I support the optimized plan that results in lower PCB levels and helps revitalize our waterfront. Your thoughtful consideration is greatly appreciated.

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100 North Jefferson Street * Room 200 * Green Bay. Wl. 54301-5026 * 9204483005 * Fox 920 448 3081 •:• TDD 920 448 3001 www.green-bay.org T : T L F "i C W N USA Susan Pastor Community Involvement Coordinator Otflice of the Mayor Office of Public Affairs (P-19J) 100 North Jetlerson Street Room 200 54301-5026 EPA Region 5 77 W. Jackson Blvd Chicago, IL 60604-3590 CITY OF DE PERE 335 South Broadway DePere, WI54H5 Fax No.: 920/339-4049 Web: http://www.de-pere.org January 3, 2007 City Attorney's Office (920) 339-4042

Ms. Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) EPA Region 5 77 West Jackson Boulevard Chicago, IL 60604-3590

RE: Lower Fox River/Green Bay; EPA Changes to Current Clean-Up Plan

Dear Ms. Pastor:

Enclosed please find a certified copy of Resolution #07-04, adopted by the De Pere Common Council on January 2, 2007. This resolution offers support for the proposed modifications to the December 2002 Record of Decision in reference to the Lower Fox River/Green Bay Site Clean-Up Plan.

If you have any questions or seek additional information, please feel free to call me at the above number.

Very truly yours,

Judith Schmidt-Lehman City Attorney

JSL/cb cc: Mr. Greg Hill, Wisconsin DNR (WT-2) Mayor Michael J. Walsh Enc. H:\cblohow\Letters\2007\Pastor Ltr l-3-07.doc RESOLUTION #07-04

PROVIDING COMMENTS TO THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY REGARDING PROPOSED MODIFICATIONS TO FOX RIVER CLEAN-UP PLAN AND RECORD OF DECISION

WHEREAS, as a community on the Fox River, the City of De Pere is greatly impacted by and greatly interested in the clean-up plan for the Fox River as set forth by the Federal Environmental Protection Agency (EPA) and the Wisconsin Department of

Natural Resources (DNR); and

WHEREAS, the EPA and DNR have proposed to modify the Record of Decision of December 2002, concerning such Fox River clean-up plan; and

WHEREAS, the Common Council has reviewed information concerning such modifications and wishes to express its comments regarding those modifications as set forth below.

NOW THEREFORE, BE IT HEREBY RESOLVED:

That the Common Council of the City of De Pere submits the following comments to the EPA regarding its proposed modifications to the December 2002 Record of Decision issued for clean-up of the Fox River:

The proposed modifications to the December 2002 Record of Decision (ROD) are the result of a thorough and detailed analysis of PCB concentrations in the Fox River from the Little Rapids Dam upstream into the mouth of the Bay of Green Bay. Because of the significant analysis completed on the river, additional data has determined that the original ROD is not, in total, the most effective plan for reclaiming the health of the Fox River.

The Common Council is pleased to see that the proposed modifications will eliminate the need for a "pipeline" either in or along the Fox River Recreational Trail. The presence of this "pipeline" in the original ROD would have proven to be extremely detrimental to the City of De Pere and would have negatively impacted the public's ability to use the river and the trail.

The Common Council is also pleased to see that the proposed modifications will shorten the remediation time for this clean-up effort, with the projection being that utilizing the modifications will result in a RESOLUTION #07-04 Page 2 of 3 nine-year remediation effort as opposed to a fifteen-year. Having the clean-up time shortened so significantly will shorten the length of time fish advisories remain in effect. It will also lift the stigma associated with PCB contamination of the river which negatively affects the City of De Pere and surrounding communities.

The Common Council further notes that the action level under the proposed modifications remains at one part per million for PCB removal and that the clean-up goal will remain at .25 parts per million. The Common Council understands that these levels can be achieved even though the modifications to the ROD will result in removing 74% of the PCBs in the river bottom, as compared to the original plan, through the implementation of sand covers and engineered armor caps over areas identified as suitable for cappings.

Leaving quantities of PCBs in the Fox River bed under sand cover or armored cap does raise issues of the effectiveness of the remediation on a long-term basis. The Council is concerned of the permanence and effectiveness of sand covers and armored caps and wishes to voice its opinion that all areas of sand cover and armored caps, as approved under modifications to the ROD, should be monitored on a frequent and effective basis so that inadequacies of construction, effectiveness and durability are identified and corrective measures taken at the earliest opportunity.

In addition, the Common Council expects that the ROD modifications, if approved, will also contain adequate legal and/or financial obligations upon the responsible party paper mills to effectively maintain the sand covers and armored caps for generations to come. This legal and/or financial responsibility should also include the responsibility of the responsible party paper mills to undertake PCB removal in those areas of sand cover and armored caps which fail or are otherwise ineffective in the future.

An additional element of concern for the Common Council regarding the increased use of sand covers and armored caps in the proposed modifications is the impact of potential institutional controls on the City in the future as a result of the covers and caps. Presently, within the corporate limits of the City of De Pere, there are significant public and private infrastructure in the Fox River, including water mains, sanitary sewer lines, power and communication cabling, WPDES discharge outflows, bridge pilings, docks and piers, shoreline supports and other infrastructure. During the life of this remediation project, it is almost a certainty that future and additional infrastructure will need to be added to the river based upon community growth, expansion and needs, in addition to required maintenance of the current facilities. The imposition of institutional controls will substantially increase the cost of maintaining existing structures in the Fox River and substantially increase the cost of RESOLUTION #07-04 Page 3 of 3 installing future infrastructure. It is essential that there be negotiations between the municipal entities, the regulatory agencies and other stake holders to reach a satisfactory resolution regarding these instructional controls and future costs to municipal entities.

Finally, the Common Council realizes that the increased use of capping and sand covers in the proposed modifications may not be embraced by all stakeholders; however, the Common Council also realizes that in evaluating the proposed modifications, the effects of the proposed modifications need to be evaluated along with the effects and risks of the remedies provided in the original ROD. In evaluating the original ROD with the proposed modifications, the City of De Pere believes that the proposed modifications will benefit the City of De Pere, its residents and the greater community at large, and therefore supports the proposed modifications.

BE IT FURTHER RESOLVED:

That the City Attorney is authorized and directed to provide the EPA with a copy of this Resolution no later than January 11, 2007.

Adopted by the Common Council of the City of De Pere, Wisconsin, this 2nd

day of January, 2007.

APPROVED:

Michael J. \^fsh, Mayor

ATTEST:

HO. r Chaflene M. Peterson, Clerk-Treasurer

Ayes: 4

Navs: 3 Abstain: 1 n OF 1)E PERE CT.REEN BAY \ S South Broadway Pere. WI54115 O3 JAM 2OG7

Ms. Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) EPA Region 5 77 West Jackson Boulevard Chicago, IL 60604-3590 STATE OF WISCONSIN)

CITY OF DE PERE)

1, Charlene M. Peterson, City Clerk-Treasurer of the City of De Pere, do hereby certify that the attached resolution is a true and correct copy of the original resolution required by law to be in my custody and which was adopted by the Common Council of the City of De Pere at a meeting held on January 2. 2007. .

Set my hand and official seal this 3rd day of January , 200 7

Charlene M. Peterson, City Clerk-Treasurer EXECUTIVE / " County f ,

305 E. WALNUT STREET P.O. BOX 23600 GREEN BAY, Wl 54305-3600 CAROL KELSO

PHONE (920) 448-4001 FAX (920) 448-4003

January 5, 2007

Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) EPA Region 5 77 W. Jackson Blvd. Chicago, IL 60604-3590

Ms. Susan Pastor

As Brown County Executive, I would like to express my support for the proposed cleanup plan as modified by the U.S. Environmental Protection Agency (EPA) and the Wisconsin Department of Natural Resources (DNR). The modifications recommended by the EPA and DNR would result in reducing: (a) the amount of dredging required; (b) the amount of landfill space utilized; (c) the projected cleanup time; (d) the level of remaining PCB concentrations; and (d) the anticipated costs of the project. At the same time, the modified clean up plan would meet the same evaluation criteria as the current plan - including providing adequate ''overall protection of human health and the environment".

According to the "Technical Memorandum" prepared in November, 2006, the modified plan would reduce the amount of contaminated materials dredged from the river by 3.9 million cubic yards resulting in reduced use of landfill space, lower project costs ($190 million), and a quicker cleanup time. The modified plan also prevents damage to existing riverbanks and utilities while meeting the goal of keeping average PCB levels to no more than 25 ppm after cleanup. The combination of the dredging and capping just seems to make the most sense for northeastern Wisconsin. I would urge you to move forward on the cleanup plan as modified by the EPA and DNR.

After considerable review and analysis, 1 reel tins proposal is a sound compromise and is in the best interests of our community. I would like to personally thank both the DNR and the EPA for all their excellent work and diligent efforts in resolving this issue which has faced us for decades.

Thank you for your consideration,

Brown County Executive Carol Kelso EXECUTIVE County --?&!?& j---.-v.tr-—£ -

305 EAST WALNUT ... ' :•'A&Ht''*:*^ PO BOX 23600 - ' •*^~«-*.--:..-.--3aii GREEN BAY. WISCONSIN 54305-36r

Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) EPA Region 5 77 W. Jackson Blvd Chicago, IL 60604-3590 Neehah WISCONSIN Office of the Mayor 21 1 Walnut St. • P.O. Box 426 • Neenah Wl 54957-0426 Phone 920-886-6104 • Fax: 920-886-6109 • e-mail: [email protected] GEORGE D. SCHERCK Mayor

January 10, 2007

Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) EPA Region 5 77 W. Jackson Blvd. Chicago, IL 60604-3590

Re: Proposed Modification to December 2002 Record of Decision & Clean Up Plan For Lower Fox River and Green Bay

Dear Ms. Pastor:

I am pleased to provide comments on behalf of the City of Neenah in support of the revisions to the Record of Decision for Operable Units 2-5. The clean up of the Fox River System has a direct impact on the City of Neenah and progress on that clean up is of vital importance to our citizens.

We find the revised plan will benefit Neenah and the other communities bordering the Fox River system in the following ways:

• The revised ROD maintains strong protections of public health and the environment, and is based upon substantially more information, sampling and testing and the experience of remediation work already being conducted on the River. • The Action Level under the revised ROD will remain at 1 ppm. with the clean up goal at .25 ppm. • It will be completed earlier (9 years v. 15 years), thus, permitting recreational uses of the River and Bay significantly sooner. • It will lift the stigma associated with the PCB contamination to the River and our communities. • The revised cleanup plan will use half of the scarce landfill capacity as compared to the original plan while still resulting in the removal of 74% of the PCBs compared to the original plan. • It will reduce the re-suspension of PCBs in the water column as opposed to the original dredging portion of the plan. • It refines the original plan's capping contingency and provides for post-dredging sand cover with long-term monitoring and maintenance. • It will eliminate the "pipeline" in the River. CITY OF NEENAH Office of the Mayor Susan Pastor US EPA January 10, 2007-Page 2

• It will reduce the economic costs of the project at the same time that it will be as protective as the earlier ROD and completed sooner.

While the revised plan does not directly impact the area of the River adjacent to the City of Neenah, we believe it beneficial to our citizens since the actual clean up that is accomplished maintains high standards for public health and safety in a quicker and less costly manner. It will further encourage the recreational use of the river system from Lake Winnebago to the Green Bay.

Please contact me if you have any questions

Very truly yours,

Georg<*T>. Scherck Mayor Neenah WISCONSIN Office of the Mayor St.. P.O. Box 426. Neenah. WI 54957-0426

Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-I9J) EPA Region 5 77 W.Jackson Blvd. Chicago, IL 60604-3590

il,,!!,,«,!,,lull,.1,1,,nil,,,111,1,,!,lu.11,,1 OFFICE OF THE MAYOR "...meeting community needs... enhancing quality of life." Timnthv M Hanna M 100 North Appleton Street Appleton, Wisconsin 54911-4799 (920) 832-6400 FAX (920) 832-5962 e-mail: [email protected]

January 10,2007

Ms. Susan Pastor Community Involvement Coordinator Otilce 01'Public Affairs ^F-ivJ") EPA Region 5 77 West Jackson Boulevard Chicago, IL 60604-3590

Dear Ms. Pastor:

This letter is in regard to the proposed modification to the ROD and Clean Up Plan for the Lower Fox River and Green Bay. While the proposed amendment does not directly impact the City of Appleton, any efforts to improve the condition of the Fox River will be a benefit to the River communities from Lake Winnebago to Green Bay. The City of Appleton is concerned that any decision on the clean up of the Fox River contain measures designed to protect the environment, the economy of the neighboring communities and the economies of the businesses located on the River.

In this regard, the City believes that the modified Plan will benefit these communities and interests in the following manner:

1. The plan will be protective of public health and the environment.

2. The action level will remain at 1 ppm. The clean up goal will be .25 ppm.

3. The clean up will be completed in a quicker time frame, thus permitting recreational uses of the River and Bay to occur significantly earlier. Additionally, the Plan will lift the stigma associated with the PCB contamination to the River and the surrounding communities.

4. It will result in the removal of 74% of the PCBs compared to the original plan. It will reduce the re-suspension of the PCBs in the water column as opposed to the original dredging portion of the Plan. Ms. Susan Pastor January 10, 2007 Page 2

5. It is based upon substantially more information, sampling and testing and the experience of remediation work already being conducted on the River.

6. It will reduce the increased economic costs of the project at the same time it will be as protective and completed sooner.

The City of Appleton hopes these goals can be accomplished through negotiation amongst the agencies, mills and the surrounding municipalities.

We believe that the new Plan, while not directly impacting the City of Appleton, supports the above-mentioned concerns. We look forward to working with all parties for a successful clean up of the Fox River. If you have any questions in this regard, please do not hesitate to contact me.

Sincerely,

TIMOTHY M. HANNA Mayor of Appleton

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P.O. Box 7882 • Madison, WI 53707-7882

January 10,2007

Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) US EPA Region 5 77 W. Jackson Blvd. Chicago, IL 60604^3590

Dear Ms.

We are writing to emphasize our support for the updated Wisconsin Department of Natural Resources (DNR) and Environmental Protection Agency (EPA) plan to clean-up the Fox River PCB hotspots. The new plan will expedite the PCB clean-up process, and ultimately reduce the PCB exposure levels in the Fox River sediment to the greatest extent possible.

The revised clean-up plan will use a combination of capping and dredging of PCB materials, and will result in the best environmental solution possible. The plan was developed with oversight from the DNR and EPA and the assistance of knowledgeable outside advisors.

We are pleased that the revised plan calls for site-specific engineered caps in areas where dredging cannot be done safely and effectively. This method of PCB remediation has been utilized successfully in the United States for more than 25 years. The post-remediation goal of 1 part per million (ppm) of PCB material can only be achieved with a combination of dredging and capping. The 1 ppm standard cannot be met with dredging alone.

For these reasons, we join with the Wisconsin Department of Natural Resources and the Environmental Protection Agency to support this PCB disposal plan.

Sincerely,

- / i// a s^/ Fhil Montgomery C/ State Representative 4th Assembly District 2na Senate District 069e-W)9091l •pA|g uospep 'AA LL g uojBay Vd3 SH d) SJIBJJV onqnd JOJBUJPJOOO 1U8LU9A|OAU| uesns

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OFFICE OF THE MAYOR "...meeting communiry needs...enhancing quality of life." Timothy M. Hanna 100 North Appleton Street Appleton, Wisconsin 54911-4799 (920) 832-6400 FAX (920) 832-5962 e-mail; [email protected]

To: Ms. Susan Pastor Fax No: 312-353-1155 Office of Public Affairs From: Mayor Timothy M, Hanna Phone No: 920-832-6400

Date: January 11,2007 Pages: 3 (including cover page)

COMMENTS:

Original letter will follow in the mail.

PLEASE CONTACT US IMMEDIATELY IF THIS 0, 10,43.

OFFICE OF THE MAYOR "...meeting community needs...enhancing quality of life." Timothy M Hanna 100 North Appleton Street Appleton, Wisconsin 54911-4799 (920) 832-6400 FAX (920) 832-5962 e-mail: [email protected]

January 10, 2007

Ms, Susan Pastor Community Involvement Coordinator Office of Public Affairs (P-19J) EPA Region 5 77 West Jackson Boulevard Chicago, IL 60604-3590

Dear Ms. Pastor:

In this regard, the City believes that the modified Plan will benefit these communities and interests in the following manner:

1. The plan will be protective of public health and the environment.

2. The action level will remain at I ppm. The clean up goal will be .25 ppm.

Ms. Susan Pastor January 10, 2007 Page 2

5. It is based upon substantially more information, sampling and testing and the experience of remediation work already being conducted on the River.

6. It will reduce the increased economic costs of the project at the same time it will be as protective and completed sooner.

The City of Appleton hopes these goals can be accomplished through negotiation amongst the agencies, mills and the surrounding municipalities.

Sincerely,

TIM0THY M. HANNA Mayor of Appleton

N:\WORD\NANCY\Lclicre\2007 LETTERS\FOX RIVER CLEANUP PLAN PROPOSED MODIFICATION LTROI1107.doc 01/11/2007 12:42 FAX 920 235 6994 TOW OF VINLAND

TOWNOFVINLAND 1VINNEBAGO COUNTY SHIRLEY BRAZEE, CLERK 6085 County Road T Oshkosh, WL 54904-9734 Phone 920-235-6953 ** Fax 920-235-6994

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() For your review () Per your request () Please comment

MESSAGE: . 01/11/2007 12:42 FAX 920 235 6994 TOWN OF VINLAND 0002 *>f 9tttt.fi TO 6085 COUNTY ROAD T • OSHKOSH, WI 54904 Phone(920) 235-6953 • Fax (920) 235-6994

Raymond T, BaiJey, Chairman Shirley M. Brazee, Clerk James C. Wollerman, Supervisor Georgia S. Jensen, Treasurer Charles M. Farrey, Supervisor

January 11,2007

Susan Pastor Office of Public Affairs USEPA Region 5 77 W. Jackson Blvd. Chicago, IL. 60604

Dear Ms. Pastor:

It is in the opinion of the Vinland Town Board, Winnebago County, and its residents, that the EPA and WDNR continue to ignore, for whatever reason and certainly not from a cost standpoint, the vitrification process for completely eliminating the hazard of the PCBs. The Minergy Corporation has the knowledge, know how and capacity to born The sediment and turn it into a useful product. Why is the EPA and WDNR not investigating this technology and working with private industry to solve these problems.

Capping, sanding, land filling are temporary solutions to a long term problem. Does it rot make sense to pipe sediment to Minergy than to truck to Chilton land fill or other land fills out of State. That cost alone has to be fully considered.

The Town of Vinland in its meetings with the DNR and EPA has proven vitrification to be economical and the proper solution to this problem. Please reconsider your decision.

Vinland Town Board Raymond T. Batley, Chairman James Wollerman, Supervisor Charles Farrey, Supervisor 1232 LONOWORTM STEVE KAGEN, M.D. WAIHMOTOM, D.C. 20515 WISCONSIN 8™ DISTRICT me: (202)225-5665 FAX: (202)225-5729

WISCONSIN OFFICES! AGRICULTURE COMMITTEE SUBCOMMITTEES: 700 f.. WALNUT Sneer LIVESTOCK, DAIRY & POULTRY GflCEN BAY, Wl 54301 DEPARTMENT OPERATIONS, OVERSIGHT, NUTRITION & FORESTBY (Empress of tlje ftmteft mi: (920)437-1954 CONSERVATION, CREDIT, ENERGY & RESEARCH $.$. ifouse of fiepresetttathtes FAX: (920)437-1978 TRANSPORTATION & PAPER VALLEY RADOSON Bflaalttngton, i<£ 20515 333 W. COLUM Avenue INFRASTRUCTURE COMMITTEE AWLETCN, Wl 54911 SUBCOMMITTEES: AVIATION www.kagen.house.gov TCU: (920) 380-0061 FAX: (920) 380-0051 WATER RESOURCES & ENVIRONMENT April 19, 2007 TOLL FREE IN WISCONSIN 800-773-8579 APKX4/UU/ Richard Karl Director, Superfund Division Superfund Division EPA Region 5 77 W. Jackson Blvd. Chicago, 1L 60604

Dear Mr. Karl,

I am writing to you in reference to the Final Basis of Design Report (BODR) you are now considering for the cleanup of contaminated sediment in the lower Fox River. It is my understanding that you will be making this decision in May. As you do so, I strongly urge you to reconsider the original Record of Decision (ROD) plan that was created by the Environmental Protection Agency (EPA) in 2003 and not simply approve the modified proposal for the Final BODR.

I am deeply concerned about the extensive changes that have been made in the proposed Final BODR since deliberations on this project began. Consultation with scientists, business owners, families, and others with an interest in the Fox River's health and potential reflect widespread concern that these changes will keep a significant amount of contaminated sediment in the river and will jeopardize the long-term economic viability of the navigation channel.

While I am aware of the design challenges posed by efforts to clean up the Fox River, namely the wide and uneven distribution of PCBs and the structural characteristics of the river, I believe that the proposed Final BODR does not provide the best solution for the lower Fox River and takes shortcuts, rather than dealing comprehensively with these challenges.

The best solution to the PCB problem plaguing our river is to remove as much of the contaminated sediment as possible, to dispose of it permanently, and to restrict the use of so- called capping to an absolute minimum. The proposed changes would remove only 3.6 million cubic yards of contaminated sediment, compared to the 7.6 million cubic yards suggested in the original ROD. With the extensive use of capping recommended in the Final BODR, and by removing fewer PCBs, we are leaving behind a danger to human health. Capping, or covering

PAPER PRINTED ON PAPER MADE OF RECYCLED FIBERS Page 2 up, PCBs is not a permanent solution1, and future generations will inherit this problem. Is the long-term cost of monitoring and maintaining the caps, ensuring their success, fixing their potential failures, and endangering the health of our great-grandchildren worth such small savings today2? Over the long run, this proposed modified plan will cost Wisconsin families a great deal more.

My other concern is the impact the proposed Final BODR will have on the navigational channel in Operable Unit (OU) 4. The change in depth in the navigation channel suggested in the Final BODR will essentially prevent any future barge or large cargo ship traffic through the Fox River. The long-term viability of the Fox River for future commercial traffic is critical to economic prosperity for our communities and surrounding businesses. I believe that serious consideration to reassess the depth of the channel of OU 4 must be taken. It is essential that any plan to clean up the Fox River not jeopardize the navigability of our waterway. The Fox River Navigational System Authority has also expressed serious concerns over the potential loss of the navigation channel.

Lastly, I am concerned that vitrification of PCB wastes is once again being excluded in the Final BODR. It has been demonstrated that vitrification offers a permanent, efficient, and cost- effective solution for remediation. It is my hope that you will reconsider including this successful technology as part of your final decision.

I was very pleased about the recent decision of the Wisconsin Department of Natural Resources (DNR) and the EPA for an expedited cleanup of the DePere Dam area. It is my hope that the EPA and the DNR will give weight to the positive results from this cleanup, as well as a favorable reaction from the community regarding this decision, while considering the Final BODR for the lower Fox River.

I ask that you give strong consideration to the concerns I have raised. If you have any questions, please feel free to contact me at any time. I look forward to working with you to achieve long term health and economic prosperity for the Fox River. Sincere y.

teve Kagen, M.D. Member of Congress

cc: Mary A. Gade, Regional Administrator, EPA Region 5 Steve Johnson, Administrator, U.S. EPA

A January 26, 2004 report by the EPA concluded that capping was not a long-term solution for PCB pollution problem. 2 The 1-10 Year average annual operation and maintenance (O&M) costs of the Current Plan vs. the Proposed Plan would be $467, 819 vs. $602, 007 respectively. "Lower Fox River/Green Bay Site, Technical Memorandum, Current Plan Proposed Plan." Environmental Protection Agency, November 2006. 1232 L STEVE KAGEN, M.D. WASWHOTON, D.C. 20515 •WISCONSIN TELE: (202) 225-5665 81" DISTRICT FU: (202) 225-5729

WISCONSIN OFFICES: AGRICULTURE COMMITTEE SUBCOMMITTEES' 700 E. WAUWT Srntrr LIVESTOCK. OAIRV & POULTRY GREEN BAT, Wl 54301 DEPARTMENT OPERATIONS. OVERSIGHT, NUTRITION & FORESTRY of tlje United States TELE: (920)437-1954 CONSERVATION. CREDIT. ENERGY & RESEARCH . Ijnuge of fiepreaentatuies FAX: (920)437-1978 TRANSPORTATION & PAPER VALLEY RADISSON INFRASTRUCTURE COMMITTEE Washington, B<£ 20515 333 W. COLLEGE AVENUE APPLETOH, Wl 54911 SUBCOMMITTEES. AviftflON www.kagen.house.gov TELE: (920)380-0061 WATER RESOURCES & ENVIRONMENT FAX: (920) 380-0051

April 16,2007 TOLL FREE W WISCONSIN 800-773-8579

James Hahnenberg Phil Hoffman Remedial Project Manager Congressional Liaison Superfund Division EPA Region 5 EPA Region 5 77 West Jackson Boulevard 77 West Jackson Boulevard Chicago, IL 60604 Chicago, IL 60604

Lawrence Schmitt Josh Epstein Chief Attorney Advisor Superfund Remedial Response Section Office of Enforcement Compliance Assurance EPA Region 5 U.S. EPA 77 West Jackson Boulevard 1200 Pennsylvania Avenue, NW Chicago, IL 60604 Washington, DC 20460-0001

Richard Murawski Associate Regional Counsel EPA Region 5 77 West Jackson Boulevard Chicago, IL 60604

Dear Mr. Hahnenberg, Schmitt, Murawski, Hoffman, and Epstein,

Thank you all very much for participating in this morning's telephone discussion regarding the removal of the PCB contaminated sediments from the Fox River. I very much appreciate all of you taking time out of your busy schedules to review the project with me as you prepare to write the Final Basis of Design Report (BODR).

As we are all aware, there are several issues that make this project unique. First, the size of the clean up - this is the largest removal of PCB contaminated sediment in the nation. Second, there is no reliable long- term data available to review regarding the "capping" process within a navigable river. The capping approach, or covering up, is brand new in a navigable river and has not been attempted anywhere else in America. Thus, the precedent set by the EPA during this project will be far reaching.

These facts make it critically important to do it right the first time. All of us must work together to set a new, higher standard for the nation on how best to reduce, and/or eliminate, the risks posed by PCB exposures, because everyone knows, the safest level of human exposure to PCBs is zero.

I was pleased to hear that we have the same goals. First, to simultaneously protect both human health and our environment, and econd, to continue to be the very best stewards possible for our natural resources - while at the same time allowing our Wisconsin industries to prosper.

PAPER PRINTED ON PAPER MADE OF RECVCLED FIBERS Page 2

Everyone I have been listening to about the Fox River clean up during the past several decades - as a physician, as a medical scientist, and a more recently as a Congressman - is saying the same thing: we would like all of the toxic PCB carcinogens removed. Unfortunately, there is no easy way to do it.

There is still much skepticism in the community, and across the nation, regarding the safety and long-term viability of "caps" - especially within a navigable river. We must build the highest degree of confidence into this decision and we certainly have time to accomplish our mutually stated goals the right way. After all, it is never too late to do it right, especially when many experts believe that the word "permanent" does not apply to capping measures.

Based on our conversations, it is my understanding the EPA is planning to release a Final BODR in May 2007. As we discussed, the legislative provision required to change the depth of the navigational channel, which only affects a small portion of the Final BODR, is in the Senate version of the Water Resources and Development Act. This bill is not likely to pass the House and the Senate in its final version earlier than June of this year, which means there is still time to evaluate alternative options and further involve and inform the community. Eliminating a portion of our navigation channel for all time is unwise, even if it is only for a short distance. No one can anticipate future economic demands for this channel and creating a solution that guarantees the channel depth and human safety can be achieved.

I believe there is a better way of doing things. By working together, we will find it.

Also during our conversation, which was very informative, you mentioned that a pilot vitrification project was successful in destroying PCB contaminated sediments. Many people were, therefore, surprised that further consideration of this methodology has not been more aggressively pursued, especially when far more PCB contamination was discovered, as related in the Shaw report.

As you know, vitrification offers the only real solution to permanently eliminate all risks to human health posed by PCBs. It also offers a solution for space issues within landfills, as mentioned during the pre- design research. Indeed, information available suggests that vitrification can be more cost-effective in the long run and will simultaneously provide a permanent solution by destroying the PCB's. If the PCBs are destroyed, then we do not need to worry if they will escape a landfill.

Plainly stated, vitrification appears to be the only permanent fix available. Moving PCBs from a riverbed to a landfill does not offer greater advantages than destroying them altogether.

Finally, I have attached a summary analysis of the Fox River pollution problem from Dr. Roger Kuhns, a recognized expert in hydrology and environmental remediation which will assist you in your deliberations.

Thank you again for your significant efforts to establish a new, higher standard in America for the removal of PCB contaminated riverbed sediments. I look forward to working with you, along with local officials, the Wisconsin DNR and others on this critically important project.

Siflcerely yours,

Kagen, M.D. fy^ Member of Congress 04/24/2007 16:07 FAX

MEMORANDUM

TO: Steve Kagen, M.D. Member of Congress

FROM: Dr. Roger Kuhns

DATE: 12 April, 2007

SUBJECT: PCB Remediation on the Fox River

DISCUSSION:

The assessment of Fox River sediment types and transport, river levels, flow rates, flooding, anthropogenic impacts, and impacts from seiche events in Green Bay Illustrate that under known conditions based on 5 years up to 100 years of records, the dynamics of the river is somewhat quantifiable. However, somewhat quantifiable is not, in my opinion, a strong enough argument to cap rather than remove PCB contaminated sediment.

The following observations are made after examining the document "EPA Proposes Changes to Current Cleanup Plan (EPA, Nov. 2006 newsletter); and Shaw Environmental, LLC, 2006, Final Basis of Design Report (BODR); Brown, Outagamie, and Winnebago Counties, Wisconsin, Volume I (June 16, 2006): Submitted to WDNR and USEPA."

1. The sediment and river analyses are good science, but do not (to my satisfaction) demonstrate the BODR's confidence levels of non-erodable capping material. The reason for this is base on two poorly constrained variables in the BODR's analysis: a. Time, and b. Changes in sediment transport patterns and erosion.

The first variable, time, is a daunting problem for any modeling of a geologic process, such as sedimentation over a long period of time in a river system. The data just does not exist to adequately predict what will happen to the channel and bed of the Fox River over the lifetime of PCB contaminants. Further more, models become increasingly less accurate with longer time frames (as in weather prediction, sediment transport, and other natural system models).

The second variable, the variability of sediment transport, deposition and erosion, is extremely difficult to predict over the long-term. The current deposrtional site of PCB contaminated sediments means that sedimentation, transport, and shifting of certain aspects of the Fox River channel have allowed PCB-containing sediment migration, deposition, erosion and re-deposition over a period of 30 or more years (since PCB deposition). The contaminated sediment is residing in 04/24/2007 16:08 FAI ®003

areas formerly occupied by non-contaminated sediment at some time in the past (that is an unknown quantity, and not addressed in the BODR analysis). Sediment scour, transport, deposition, erosion and continued transport are on- going fundamental characteristics of river dynamics. The fundamentals of these parameters are examined in the report, but do not adequately model or predict long-term sedimentation trends. The certainty is just not there.

2. Two references of concern lend uncertainty to the suggested "permanence" of a capping sediment within the BODR's analysis, and include:

a. In the cap design model "no net sedimentation was assumed on the surface of the cap, even though net sedimentation rates ranging from 1 to 2 cm/yr are typical of the prospective capping areas," (p. 185). This statement is in conflict with the sense of permanence predicted in the BODR.

b. Sediment stability models and understanding are based on very short time frames (p.216 and Section 5.1.4 looked at scouring of the river bed between 1995 and 2000; also see p. 173). It was recognized that "discrete areas of OU4 might experience scour of up to 3 feet under prevailing hydrodynamic conditions..." (p. 174). This data is combined with other information and modeling, but in reality does not represent a long enough time line to truly characterize the river.

3. The capping of PCB contaminated sediment will keep the PCBs in the Fox River environment. The ROD Remedy dredge plan removes approximately 92% of the near-surface mass within the remedial action area, and 83% to 89% of the total mass of PCBs in the area of the 7.6 million cubic yards. The Optimized Remedy removes 62% to 66% of the total mass of PCBs (or 74% of the ROD Remedy). Because of these statistical differences, and the longevity of PCBs in the natural environment removal is supported as the only safe and long-lasting option.

4. The BODR proposes the use of a 13-inch sand/gravel cap for areas of <10 ppm PCBs, 16-Inch cap for area 10-50 ppm PCBs, and 33-inch cap for areas 10 - 100ppm PCBs. The suggested longevity of a sand/rock cap and the BODR's implied high degree of confidence that the cap will survive as a "permanent" feature in the river. This premise is not demonstrated to my satisfaction, based on the above comments.

5. The BODR does anticipate cap maintenance and monitoring programs that would have to be an on-going (indefinite) activity (as described on p. 216; p. 245, etc.). Such a program will ultimately be time consuming and costly, and is not adequately weighed against the full cost of sediment removal remediation. @]00 4 04/24/2007 18:08 FAX

CONCLUSION:

It \s appreciated that the dredging methodology has some limitations at this time. It is also appreciated that the dredge prism defined by the study is 7.6 million cubic yards, and is 1 million cubic yards greater than the ROD contemplated volume.

It is also recognized that BOOR claim that the engineered caps "provide protective and reliable chemical isolation that prevents erosion of the underlying sediment even in the face of major erosion events (e.g. floods, propeller wash, ice scour, and wind-waves)...", is probably true in select instances. It is also appreciated that the ROD Remedy requires 15+ years (cost $580 million), the Optimized Remedy requires 9 years (cost: $390 million).

But the veracity of RGBs in the environment and their long-term threat to human health and the natural environment identifies these contaminants as requiring extraordinary efforts to remediate.

frbrr^thq Fox River system as^he only sure metfiotiplogy < prot people^ health and t% environment

ABOUT THE AUTHOR: Dr. Roger Kuhns is a geologist with over 27 years experience in geology, ecology, natural resources, hydrology, sediment analysis and river systems, mining, dredging, and tailings capping. He worts for Applied Ecological Services, Inc.