CRC's review concluded that the FOSET would reduce the US Navy's liability for cleanup of hazardous material releases for which they are responsible under federal law. The FOSET would transfer responsibility for cleanup to the City of Alameda that lacks the capacity, expertise, and moral turpitude to carry out the proposed cleanup projects. The availability of federal funding for the City of Alameda to complete cleanup is also questionable. Based on previous statements, the Navy intends to defy the US Congress and the environmental liability provisions of federal law that Congress has enacted.

Furthermore, the FOSET does not comply with federal laws requiring the disclosure of hazardous materials stored and released at the FISC/Annex. Within the FOSET the Navy also misrepresents the source of contamination found within the fill and marsh crust. For these reasons, as elaborated below, I object to the early transfer of the FISC/Annex to the City of Alameda.

Based on the original Federal Facilities Site Restoration (FFSRA) schedule, the Navy has unreasonably delayed the cleanup of toxic waste release sites at the FISC/Annex. Cleanup delays have pushed back the date that the property would be transferred to the City of Alameda. The FOSET intends to cash in on the City of Alameda's growing impatience to redevelop the area with schools, parks and housing. The Navy released a FOSET that required the City of Alameda to pass an ordinance. The City dutifully complied. In the ordinance, the City of Alameda agreed with the US Navy that the University of California was the land owner when the toxic waste was released at the FISC/Annex site.

The City of Alameda does not have public works crews trained in accordance with state and federal health and safety laws to work at a hazardous waste release site. The City of Alameda does not have knowledgeable technical staff with expertise in environmental remediation. The City has demonstrated an inability to manage remediation contractors and environmental consultants without creating environmental disasters.

The City of Alameda has provided a recent example of their criminal incompetence in addressing environmental remediation. The city purchased a property at Singelton and Main Streets without realizing it contained non-compliant and leaking underground fuel tanks. During removal of the underground tanks, the city illegally discharged petroleum contaminated groundwater to a tributary of San Francisco Bay. For 60 days consecutive days and counting, the City of Alameda has failed to comply with the requirements of the City's stormwater pollution prevention ordinance at this site. The Regional Water Quality Control Board, Alameda County Environmental Health Department, California Department of Fish and Game, and the State Office of Emergency Services have all received complaints about this site during this time.

The site at Singelton and Main Street is within the boundaries of the Marsh Crust. The City has proposed a number of institutional controls and approved a marsh crust ordinance to codify these requirements. Despite recognizing that the mismanagement of marsh crust contamination could result in public health and environmental risks the City of Alameda did not institute the site controls listed within the ordinance.

The Navy's proposal to have the entity responsible for the ongoing impacts at this one acre leaking underground fuel tank site, cleanup contamination on behalf of the Navy on the 147 acre area included in the FOSET is a threat to human health and the environment. Unless the Navy can produce contradictory information concerning the City of Alameda's qualifications, expertise and performance on environmental remediation projects, the Navy can only conclude that the City of Alameda is incapable of safely carrying out the cleanup actions proposed for the FISC/Annex site.

I must express serious concerns about the availability of funding for yet to be discovered Navy contamination. First, the US Navy has consistently blamed contamination problems in the fill and marsh crust as pre-existing or historical, indicating that the contamination was caused by pre-World War II industries. In responding to comments I submitted on the Environmental Impact Statement for the disposal and reuse of the FISC/Annex, the US Navy expressed a commitment "...to cleanup all sites contaminated by the Navy during its occupancy of the property." The funding for cleanup of yet to be discovered contamination seems to require a determination that the release occurred during the US Navy's occupancy. Without this determination, no funding would be available to the City of Alameda to complete necessary cleanup actions.

Table 1 - Building List, Table 6 - Summary of Asbestos-Containing Materials, and Table 7 - Summary of Suspect Lead-Based Paint, does not contain Building 365, located on Parcel 29. Table 8, List of hazardous substances stored, released, or disposed at the transfer area, does not contain information related to Parcel 29. Parcel 29 is the area where environmental and corrective actions are most needed following the proposed early transfer. As reported in the environmental baseline survey, radioactive wastes were among the materials stored and released at Parcel 29.

As a point of clarification, Building 364 was not moved to its present location from Parcel 29. Building 364 was located east of Parcel 29 and extended into the current right-of-way of State Highway 61 (Webster Street), on what is now a Formerly Used Defense Site.

The FOSET contains the following statement:

"Because the College of Alameda has not been used for industrial operations and consists of parking lots and buildings with class rooms and offices, any soil contamination found at the College of Alameda is likely to be attributable to the historical fill material." (p. 10)

This statement is incorrect. First, an airplane hanger that was part of the San Francisco Bay Aerodrome was located at the College of Alameda Site. The Remedial Investigation Report the US Navy prepared for the FISC/Annex site states this. Second, among subjects taught in classrooms at the College of Alameda are diesel engine repair and automotive repair. These classrooms are the reason the College of Alameda appears on a list of Leaking Underground Tank sites in Alameda County. Third, a portion of the College of Alameda property was previously used by a gasoline station that was located in the current right-of-way of State Highway 61.

With the known sources of contamination at the College of Alameda, and the low frequency of PAH detections in samples from the college property, the college samples provide no support for the Navy's conclusion that historical fill was contaminated by PAHs.

The marsh crust contamination has only been characterized on 10 acres though it is speculated to exist on over 700 acres. The area of the marsh crust that was characterized centered on what is now the George Miller Elementary School playground. Past employees indicated that this area was used by the US Navy for salvage operations that included open burning using waste oils, waste fuels, and solvents. This practice led to the contamination of the marsh crust. The US Navy has repeatedly stated that the marsh crust contamination originated from a former Chevron Oil Refinery and a PG&E Gas Manufacturing plant.

The FISC/Annex FFSRA between DTSC and the US Navy included Marina Village Housing which is not within the property proposed for early transfer. I must express concern that the contamination under this housing has not been addressed as required by the FFSRA, and the institutional controls that were placed on the property are not enforced and have no long-term effectiveness. Any modification to the FFSRA that is contemplated to accommodate early transfer should ensure that contamination at Marina Village Family Housing is adequately addressed in accordance with state law and in accordance with the existing FFSRA.

The FOSET is an attempt to decrease Navy responsibility for environmental restoration of the FISC/Annex. The FOSET would result in an unqualified City of Alameda performing the cleanup work. Predictably, the FOSET would result in significant and on-going impacts to human health and the environment. It is in the public's best interest that the transfer of US Navy's lands to the City of Alameda be delayed until such time as the US Navy completes adequate site investigations and implements permanent cleanup plans.