The enclosures to the following letter are located at EPA's Region 8 office. Note 

that items 2 and 3 are in response to an earlier FOIA request, and are not related to 

the listing package. Please call Jim Stearns (303-312-6912) for further assistance. 
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
 

REGION 8
 

1595 Wynkoop Street 

DENVER, CO 80202-1129 

Phone 800-227-8917 

http://www.epa.govlregion08 

Ref: 8EPR-B 

APR 2 0 <.)0 William Duffy 

Davis Graham & Stubbs, LLP 

1550 Seventeenth Street, Suite 500 

Denver, CO 80202 

Re: ACM Smelting and Refining Site; Information Request 

Dear Mr. Duffy: 

This is in response to your request for information on behalf of your client, Atlantic 

Richfield, submitted bye-mail to Jim Stearns of our Legal Enforcement Office, dated April 12, 

20 I0, and subsequently forwarded to me, regarding the proposed NPL listing for the ACM 

Smelting and Refining Site, Great Falls, Montana. Your letter included three specific requests, 

which this letter repeats verbatim, followed by EPA's response, below: 

Request 1. START 2 Final Analytical Results Reportfor Expanded Site Jmpection (Tetra 

Tech EM, 2004). Atlantic Richfield requests verification that sediment samples AM-SE-04 and 

AM-SE-05 are from the same locations as soil samples AM-SO-04 and AM-SO-05 since they did 

not appear on the map. Also, Atlantic Richfield requests that EPA provide a more ~pecific

locationfor the background sample AM-SS-OJ at North Middle School in Black Eagle. The 

document description identifies the sample only as being collected in the school yard. 

EPA Response: EPA believes that the Expanded Site Inspection report, which you cited, 

speaks for itself and is sufficiently clear on these points. In response to your question, Table I 

from the cited report describes sample locations and rationale. As noted on Table I, several of 

the surface water samples (coded "SW") are co-located with sediment samples (coded "SE"). As 

Table I indicates, source samples (coded "SO") were not co-located. Sample AM-SW-04 is colocated with sample AM-SE-04 and sample AM-SW-05 is co-located with sample AM-SE-05. It 

is correct that the map referred to did not show the color-coded symbols for the two sediment 

samples referenced. However, the map did show the locations of the two co-located surface 

water samples, which would be the locations of the two sediment samples cited. The surface 

sample AM-SS-OI taken at the North Middle School, described in Table I of the document as an 

"Upwind sample," is located one kilometer from the proposed site, outside the areal extent of the 

map, thus is not shown on the map referenced in your request. 
Request 2. Field Investigations ofUncontrolled Hazardous Waste sites (Fred C. Hart 

and Assoc., 1982). The copy produced by EPA did not include a copy ofPlate 2, Anaconda 

Creat Falls Refinery Water and Sludge Sample Locations. Please provide a copy ofPlate 2. fA 

copy ofthe document cover which includes EPA # 472583 is attached.] 

EPA Response: This request follows your FOIA Request No. 08-RIN-0028 1-09, 

submitted by Steven Marlin, Davis Graham & Stubbs, on August 28, 2009. At that time, EPA 

provided the requested documents, including EPA # 472583, and explained the procedure of 

contacting EPA for obtaining oversized maps and other attachments that may be referenced in the 

documents. The document provided also included this notice, inserted in lieu of the large format 

Plate. The process involves pre-payment and arrangement with a designated local copying 

establishment. Nonetheless, in specific response to your request, EPA is enclosing with this 

letter copy of Plate 2 from the Fred C. Hart and Assoc., 1982 report. 

Request 3. Site Inspection and Hazardous Materials Inventory, Montana Silver Smelter 

Site, Creat Falls, Montana (Tetra Tech EM, 2002). The report references, but did not include, a 

"Sample Location Map" or "large format map" that would show the location ofsoil samples 

that were collected and reported in the text. Please produce a copy ofthe map. fa copy ofthe 

document cover which includes EPA # 503111 is attached. 

EPA Response: This request also follows your FOIA Request No. 08-RIN-0028 1-09, 

submitted by Steven Marlin, Davis Graham & Stubbs, on August 28,2009. At that time, EPA 

provided document EPA # 503111, as requested, which also included the notice, in lieu of the 

large format map, indicating the procedure for requesting a copy of the map. Nonetheless, in 

specific response to your request, EPA is enclosing with this letter copy ofthe Sample Location 

Map from the Tetra Tech EM, 2002 report. 

Please note that the search time, review time and copying did not result in any cost billable to 

you under FOIA. In addition, if you have any further comments or concerns related to the 

proposed rule to add the ACM Smelting and Refining Site to the NPL (75 FR 9843, dated March 

4, 20 I0), please raise such comments and concerns as per the instructions in the preamble to the 

proposed rule. EPA will consider all such comments received during the comment period, and 

will address significant comments in a support document that the Agency will publish 

concurrently with the final Federal Register document if, and when, the Site is listed on the NPL. 

Please use Docket 1D EPA-HQ-SFUND-20 I0-0072 for submittal of your comments. If you 

have any questions concerning this letter, please contact Jim Stearns, EPA enforcement attorney, 

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at 303-312-6912, or bye-mail at stearns.james@epa.gov, or e-mail me at 

christiansen.gwen@epa.gov. 

Sincerely, 

J.-:=:<~.c:-~2~~ Gwenelte R. Christiansen, NPL Coordinator 

Site Assessment and Brownfields Program 

Enclosures: 

I. Plate 2- Anaconda Great Falls Refinery Water and Sludge Sample Locations, EPA # 472583 

2. Sample Location Map, EPA # 503111 

cc:	 Pamela Kaye, Atlantic Richfield (w/o enclosures) 

Erik Swenson, EPA HQ aGC (w/o enclosures) 

Robert Myers, EPA HQ (w/o enclosures) 

Jim Stearns, 8ENF-L (w/o enclosures) 

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