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

As you and the staffat theregional office ofthe U.S. Environmental Protection Agency (EPA) know, Pueblo was once home to five ore smelters. Some ofthese smelters have resulted in a legacy ofresidual contamination. In 2009 and 2010, the Colorado Department ofPublic Health and Environment (CDPHE), in coordination with the EPA, perfonned Superfund site assessments ofthe fanner Blende and Colorado Smelter sites, respectively. Site assessment samplingresults revealed lead and arsenic present in residential soil in the vicinity ofboth smelters at concentrations in excess ofEPA and CDPHEhealth-protective benchmarks. We appreciate EPA'sresponse to CDPHE'sreferral oftheBlende Smelter site

.Using its Emergency Response authority, in 2011 EPA removed nearly 19,000 tons ofcontaminated soil from eleven residential properties within the footprint ofthe historic smelter.

The fanner Colorado Smelter site consists ofa large slagpile and encompasses portions ofa residential community

. The soil samplingresults indicate that a cleanup is necessaryto protect the health ofcun-ent and future residents. Based on the complexity and anticipated costs, the bestprogram to undertake the cleanup is the Comprehensive Enviromnental Response Compensation and Liability Act or Superfund. The City ofPueblo and Pueblo Countyhave requested that this sitebe added to the Superfund National Priorities List. We support this listing,
as long as certainprotections are put in placeto beresponsive to the concerns ofthe local community that would be affected the mostbydesignation ofa federal Superfund site.

We stress the importance ofEPA addressing the concems and expectations raised bythe Eiler Heights and Bessemer communityin 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 inthe December 31, 2013 letter (attached). Itis critical that EPA continue to work with the community and that you keep the cmmnunity appraised ofactions to be taken and progress made. The community desires a significant level ofinvolvement in the Superfund process, especiallywhere decisions are made that could impact them directly, such as soil remediation levels and Superfund liability.Page Two

The communityis concerned about a site remaining on the list for years without the cleanup being completed. Ifthe 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 effectivehealth education program to reduce potential human exposure while the investigation and cleanup are underway.

The communityis also concerned about associated costs to local governments, local businesses and residents. EPA should continue to assuage these concernsbyproviding infonnation about EPA liability guidance and policy. The Superfund cleanup can improve the historic Eiler and Bessemerneighborhoods and boost the local economy. Every effort should bemade to alert local businesses to contracting opportunities related to the Superfund investigation, design and remediation. We encourage EPA to use contracting methods and offerjob training grants that maximize the potential for local employment in the Superfund cleanup process.
The Superfund process provides for significant communityinvolvement. We expect the high level ofcommunityinvolvement 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 advisoryboard 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 efficientlywith minimum disruption ofthe local community. Thank you for your consideration ofthe concerns ofthe citizens ofColorado.

Enclosures

cc: Dave Balsick, President, BessemerAssociation for Neighborhood Development, Inc. Ed Brown, Pueblo City Council Representative, District 3 Gary Baughman, HMWMD Director, CDPHE SandyDaff, Pueblo City Council Representative, District4Terry 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 SteveNawrocki, Pueblo City Council Representative, President ChristineNevin-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 ChiefMedical Officer, CDPHE Tom Wrona, CDOT, Region 2, Regional Transportation Director