Water results under wraps

The U.S. Army Corps of Engineers’ investigation into groundwater contamination around a former missile site on the West Plains is being directed by its attorneys and is therefore “privileged” information, the corps has told the EPA and U.S. Rep. Cathy McMorris.

A corps attorney said that although a report would not be released, her agency is working cooperatively with the U.S. Environmental Protection Agency in its investigation into the contamination near the Deep Creek area west of Spokane and north of Fairchild Air Force Base.

But EPA project manager Calvin Terada said the corps’ response to EPA questions was disappointing in both tone and substance.

“It was our hope that they would conduct an investigation as transparent as possible,” Terada said. “They haven’t even confirmed whether they will be answering our questions.”

The EPA believes that three toxic chemicals it has found in wells at Nike Battery 87 appear together only at former military installations where rocket engines have been manufactured or stored.

The corps, which is responsible for environmental cleanup at former defense sites, maintains that “a connection between the contamination and the Nike site has not been established.”

The EPA has collected groundwater samples from nearly 100 wells around the site. Trichloroethylene, TCE, was found above maximum contaminant levels in three wells. Perchlorate was found at low levels in nearly all the wells, and N-nitrosodimethylamine, NDMA, in about half the wells.

TCE, a solvent once commonly used by the military to degrease engine parts, is known to cause cancer. Perchlorate, most commonly used in rocket fuel, is believed to disrupt thyroid function and may be linked to some cancers. NDMA, a rocket fuel igniter, has also been linked to cancer.

The corps has said that there are civilian sources for all three chemicals, and it cannot be assumed the military is responsible simply because they were found near a former military installation.

“We are frustrated with the corps and their seeming unwillingness to take responsibility,” said McMorris spokeswoman Jill Strait.

This week the EPA began a new round of sampling. The test results from about 40 wells will be made available after the first of the year, Terada said.

In an Oct. 11 letter, the EPA asked the corps whether it was conducting an investigation into practices at the battery when it was in operation in the late 1950s and early 1960s. The EPA also wanted to know when the investigation would begin and end.

The agency submitted a list of 32 questions to the corps, including what type of missiles were stationed at Battery 87, what kind of fuel was used and how the fuel was disposed of.

The corps’ Dec. 6 response to the EPA’s letter was far terser.

“The historical investigation is being conducted under the direction of Seattle District’s Office of Counsel and as such is considered ‘privileged attorney work product,’ ” read the letter from corps official David E. Roden to EPA official Daniel D. Opalski, both of whom have offices in Seattle.

The letter went on to say that it was the corps’ intention to “work cooperatively to share known information and resources,” but that although it was willing to share information, a report resulting from its Deep Creek investigation would be “protected attorney work product.”

Strait said McMorris’ office received the same information in November but that she was not sure what the 5th District congresswoman’s response would be.

Anna Dudek, of the corps’ Seattle District Office of Counsel, said Friday that the investigation was “being conducted under my purview,” and that it was standard procedure for the Office of Counsel to prepare such reports “in anticipation of litigation.”

Dudek said it was not yet possible to know when the investigation might be completed.

“Are they too afraid to let it out in case we go after them?” said Rick Williams, whose family has abandoned its home after its well water was found to be contaminated with TCE.

Williams said that short of the Army coming to him and saying “We want to make it right,” litigation may be his only recourse.