STATE OF COLORADO 


John W. Hickenlooper 


Governor 


OFFICE OF THE GOVERNOR 

136 State Capitol 

Denver, Colorado 80203 

Phone (303 ) 866-2471 

Fax (303) 866-2003 

January 21,2014 

Mr. Shaun McGrath 

Regional Administrator 

United States Enviromnental Protection Agency, Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Dear Mr. McGrath: 

We are writing to express our conditional support, per the Superfund law, of designating a 

smelter site in Pueblo, Colorado, as a Superfund site eligible for cleanup and assistance. 

As you and the staff at the regional office of the U.S. Environmental Protection Agency (EPA) 

know, Pueblo was once home to five ore smelters. Some of these smelters have resulted in a 

legacy ofresidual contamination. In 2009 and 201 0, the Colorado Department of Public Health 

and Environment (CDPHE), in coordination with the EPA, perfonned Superfund site 

assessments of the fanner Blende and Colorado Smelter sites, respectively. Site assessment 

sampling results revealed lead and arsenic present in residential soil in the vicinity of both 

smelters at concentrations in excess ofEPA and CDPHE health-protective benchmarks. We 

appreciate EPA's response to CDPHE's referral ofthe Blende Smelter site. Using its Emergency 

Response authority, in 2011 EPA removed nearly 19,000 tons of contaminated soil from eleven 

residential properties within the footprint of the historic smelter. 

The fanner Colorado Smelter site consists of a large slag pile and encompasses portions of a 

residential community. The soil sampling results indicate that a cleanup is necessary to protect 

the health of cun-ent and future residents. Based on the complexity and anticipated costs, the 

best program to undertake the cleanup is the Comprehensive Enviromnental Response 

Compensation and Liability Act or Superfund. The City of Pueblo and Pueblo County have 

requested that this site be added to the Superfund National Priorities List. We support this listing, 

as long as certain protections are put in place to be responsive to the concerns of the local 

community that would be affected the most by designation of a federal Superfund site. 

We stress the importance of EPA addressing the concems and expectations raised by the Eiler 

Heights and Bessemer community in the January 9, 2014 letter (attached) and the included 

Guidelines for the Superfund Designation developed at the January 6, 2014 neighborhood 

association meeting. We also share for your consideration the handwritten comments from 

residents and business owners. In addition, we urge EPA to address the concems raised by 

elected officials in the December 31, 2013 letter (attached). It is critical that EPA continue to 

work with the community and that you keep the cmmnunity appraised of actions to be taken and 

progress made. The community desires a significant level ofinvolvement in the Superfund 

process, especially where decisions are made that could impact them directly, such as soil 

remediation levels and Superfund liability. 
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The community is concerned about a site remaining on the list for years without the cleanup 

being completed. If the site is listed, it is imperative to fund the project through completion 

without interruption to avoid any delays. We support tackling the highest risk areas first and 

delivering an effective health education program to reduce potential human exposure while the 

investigation and cleanup are underway. 

The community is also concerned about associated costs to local governments, local businesses 

and residents. EPA should continue to assuage these concerns by providing infonnation about 

EPA liability guidance and policy. The Superfund cleanup can improve the historic Eiler and 

Bessemer neighborhoods and boost the local economy. Every effort should be made to alert 

local businesses to contracting opportunities related to the Superfund investigation, design and 

remediation. We encourage EPA to use contracting methods and offer job training grants that 

maximize the potential for local employment in the Superfund cleanup process. 

The Superfund process provides for significant community involvement. We expect the high 

level of community involvement efforts to continue, and for EPA to coordinate with the state, 

elected officials and the local health department. The EPA should proceed with fanning a 

community advisory board as soon as practical. 

CDPHE has been directed to provide assistance to the EPA in addressing community concerns 

and implementing the investigation, design and cleanup. The Colorado Department of 

Transportation has also been directed to coordinate with EPA and CDPHE to maximize 

efficiency. 

In response to the city and county's request, we support listing the Colorado Smelter site on the 

National Priorities List, provided that the EPA incorporates the concerns identified above, and 

agrees to conduct the cleanup in a timely, effective and collaborative fashion. With close 

coordination and careful consideration and response to local concerns, cleanup ofthe Colorado 

Smelter site should be accomplished efficiently with minimum disruption of the local 

community. Thank you for your consideration of the concerns of the citizens of Colorado. 

Enclosures 

cc: 	 Dave Balsick, President, Bessemer Association for Neighborhood Development, Inc. 

Ed Brown, Pueblo City Council Representative, District 3 

Gary Baughman, HMWMD Director, CDPHE 

Sandy Daff, Pueblo City Council Representative, District 4 
Terry Hart, Pueblo County Commissioner, District 1 

Jane Hann, Environmental Programs Branch Manager, CDOT 

Don Hunt, Executive Director, CDOT 

Chris Kaufman, Pueblo City Council Representative, At Large 

Pam Kocman, President, Eiler Heights Neighborhood Association 

Liane "Buffie" McFadyen, Pueblo County Commissioner, District 2 

Eva Montoya, Pueblo City Council Representative, District 2 

Ami Nawrocki, Pueblo City Council Representative, District 1 

Steve Nawrocki, Pueblo City Council Representative, President 

Christine Nevin-Woods, DO, MPH, Executive Director, PCCHD 

Chris Nicoll, Pueblo City Council Representative, Vice President 

Sal Pace, Pueblo County Commissioner, District 3 

Martha Rudolph, Director ofEnviromnental Programs, CDPHE 

Larry Wolk, MD, MSPH, Executive Director and Chief Medical Officer, CDPHE 

Tom Wrona, CDOT, Region 2, Regional Transportation Director