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Draft Statewide Public Involvement Plan for Formerly Used Defense Sites in New Mexico

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Draft Statewide Public Involvement Plan for Formerly Used Defense Sites in New Mexico DRAFT STATEWIDE PUBLIC INVOLVEMENT PLAN FOR FORMERLY USED DEFENSE SITES IN NEW MEXICO Prepared for U.S. Army Corps of Engineers Albuquerque District Contract No. W9128F-04-D-0005 U.S. Army Corps of Engineers—Privileged and Confidential Attorney/Client Work Product—Privileged March 2006 DRAFT STATEWIDE PUBLIC INVOLVEMENT PLAN FOR FORMERLY USED DEFENSE SITES IN NEW MEXICO Prepared for U.S. Army Corps of Engineers, Albuquerque District 4101 Jefferson Plaza Northeast Albuquerque, New Mexico 87109 Prepared by HydroGeoLogic, Inc. 1155 Herndon Parkway, Suite 900 Herndon, Virginia 20170 March 2006 The findings, opinions, and conclusions contained in this report are solely those of HydroGeoLogic, Inc. These findings, opinions, and conclusions do not necessarily reflect the position of the United States of America, or any of its departments or agencies. TABLE OF CONTENTS Page 1.0 INTRODUCTION .......................................................1 1.1 Background .......................................................1 1.2 Goals of Community Relations and Public Outreach Programs ..................2 1.3 FUDS and Risk Communication ........................................4 2.0 NEW MEXICO COMMUNITY PROFILE ...................................11 2.1 State History .....................................................11 2.1.1 Native American Pueblos ......................................11 2.1.2 Spanish Colonization .........................................11 2.1.3 Mexican Province ...........................................12 2.1.4 American Territory ...........................................13 2.1.5 Statehood .................................................14 2.2 Government Structure ..............................................15 2.3 Demographics ....................................................15 2.3.1 Ethnicity ...................................................15 2.3.2 Economics/Labor ............................................17 3.0 APPLICABLE REGULATIONS ...........................................21 3.1 FEDERAL HAZARDOUS SITE CLEANUP LAWS AND REGULATIONS ...............................................................21 3.1.1 CERCLA and SARA .........................................21 3.1.2 Resource Conservation and Recovery Act (RCRA) ..................23 3.1.3 Endangered Species Act ......................................26 3.1.4 Historic Preservation Act ......................................27 3.2 Tribal Regulations ..................................................27 3.3 NEW MEXICO STATE LAWS AND REGULATIONS ...................28 3.3.1 Open Meetings Act ..........................................30 3.3.2 Inspection of Public Records Act ................................31 4.0 EXTERNAL COMMUNICATION .........................................33 4.1 RISK COMMUNICATION THEORY ................................33 4.2 FUDS-SPECIFIC COMMUNITY RELATIONS ACTIVITIES ..............35 4.3 ADDRESSING TECHNICAL AND NON-TECHNICAL CONCERNS .......37 4.3.1 Non-Technical Public Concerns .................................38 4.3.2 Explaining Technical Issues .....................................39 4.3.3 Dealing with the Media ........................................40 4.4 TECHNIQUES FOR PRESENTING INFORMATION ....................45 4.4.1 The Presentation ............................................46 4.4.2 Risk Comparisons ...........................................47 4.4.3 Avoiding Pitfalls .............................................48 5.0 LESSONS LEARNED ...................................................51 5.1 Former Walker Air Force Base–FUDS .................................51 U.S. Army Corps of Engineers—Privileged and Confidential Attorney/Client Work Product—Privileged R02-06 556.wpd i HGL 3/9/06 TABLE OF CONTENTS (continued) Page 5.2 Fort Wingate Army Depot–BRAC/Native American ........................52 5.3 Cannon Air Force Base–AFCEE ......................................53 5.4 Holloman Air Force Base–AFCEE .....................................53 5.5 Kirtland Air Force Base–AFCEE ......................................54 APPENDIX A - Parties to Be Contacted as Part of Community Relations Activities APPENDIX B - Endangered Species List for New Mexico APPENDIX C - Community Relations Templates U.S. Army Corps of Engineers—Privileged and Confidential Attorney/Client Work Product—Privileged R02-06 556.wpd ii HGL 3/9/06 LIST OF TABLES Page Table 1 FUDS in New Mexico ....................................................5 Table 2 Federally Recognized Tribes, Pueblos, and Nations in New Mexico .................16 Table 3 Community Relations Activities for Remedial Responses ..........................24 Table 4 Community Relations Activities for Removal Responses ...........................25 Table 5 Channels of Communication ...............................................35 LIST OF FIGURES Page Figure 1 Stakeholders ..........................................................3 Figure 2 Four Economic Regions of New Mexico .....................................18 Figure 3 Federally Recognized Tribal Lands in New Mexico .............................29 Figure 4 Factors Affecting Risk Perception ..........................................38 U.S. Army Corps of Engineers—Privileged and Confidential Attorney/Client Work Product—Privileged R02-06 556.wpd iii HGL 3/9/06 LIST OF ACRONYMS/ABBREVIATIONS AFB Air Force Base AFCEE Air Force Center for Environmental Excellence BRA Brownfields Revitalization Act CERCLA Comprehensive Environmental Response, Compensation and Liability Act DERP Defense Environmental Restoration Program DOD U.S. Department of Defense EIS Environmental Impact Statement EPA U.S. Environmental Protection Agency ERP Environmental Restoration Program FUDS Formerly Used Defense Sites GSA General Services Administration HGL HydroGeoLogic, Inc. HSWA Federal Hazardous and Solid Waste Amendments IAD Indian Affairs Department IPRA Inspection of Public Records Act LANL Los Alamos National Laboratory NEPA National Environmental Policy Act NMED New Mexico Environment Department NPL National Priorities List OIA Office of Indian Affairs OMA Open Meetings Act PA Preliminary Assessment PIP Public Involvement Plan RAB Restoration Advisory Board RCRA Resource Conservation and Recovery Act RI/FS Remedial Investigation/Feasibility Study SAC Strategic Air Command SARA Superfund Amendment and Reauthorization Act SNL Sandia National Laboratories U.S. Army Corps of Engineers—Privileged and Confidential Attorney/Client Work Product—Privileged R02-06 556.wpd iv HGL 3/9/06 LIST OF ACRONYMS/ABBREVIATIONS (continued) USACE U.S. Army Corps of Engineers VRP Voluntary Remediation Program U.S. Army Corps of Engineers—Privileged and Confidential Attorney/Client Work Product—Privileged R02-06 556.wpd v HGL 3/9/06 DRAFT STATEWIDE PUBLIC INVOLVEMENT PLAN FOR FORMERLY USED DEFENSE SITES IN NEW MEXICO 1.0 INTRODUCTION The U.S. Army Corps of Engineers (USACE)-Albuquerque District requested the assistance of HydroGeoLogic, Inc. (HGL) to develop and implement community outreach activities at formerly used defense sites (FUDS) located in New Mexico. As part of this project, the USACE- Albuquerque District developed a Statewide or General Public Involvement Plan (PIP) to serve as a “road map” for the USACE-Albuquerque District when planning outreach at FUDS in New Mexico, to encourage communication between the community surrounding FUDS property and the USACE-Albuquerque District, and to invite community input as decisions are made regarding a particular investigation at FUDS property. This General PIP will assist the USACE-Albuquerque District in planning, conducting, and structuring community outreach activities such as public information meetings for FUDS located in New Mexico. The remainder of Section 1.0 presents background information on community outreach and discusses the overall goals associated with the community outreach program. Community demographic information for New Mexico is discussed in Section 2.0. Section 3.0 presents information about the other statutes that may be encountered when conducting FUDS activities. Specific community outreach activities as defined in guidance documents, along with techniques for these activities, are presented in Section 4.0. Section 5.0 provides a brief discussion of community outreach activities at military property in New Mexico. Appendices A, B, and C include respectively a list of parties that should be contacted in conducting community outreach activities, information about endangered species in New Mexico, and basic templates for some of the required community relations documents. 1.1 Background Community outreach for environmental investigations is based on the community right-to-know and public involvement provisions that were incorporated into the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), passed by Congress in 1980. In 1986, Congress amended CERCLA with the Superfund Amendment and Reauthorization Act (SARA), which also authorized the creation of the Defense Environmental Restoration Program (DERP). The FUDS component of DERP is managed and executed by the USACE under authority delegated by the Department of Defense (DOD) through the Department of the Army. SARA called for increased public participation during all phases of response actions and required the establishment of information repositories and administrative records for each FUDS project. President Clinton expanded this requirement by Executive Order 12898, which required that “all federal agencies” address environmental justice
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