### 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 yourrequest for information onbehalfofyour client, Atlantic Richfield, submitted bye-mail to Jim Stearns ofourLegal Enforcement Office, dated April 12, 20I0, 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. START2 FinalAnalyticalResults ReportforExpandedSite Jmpection (Tetra Tech EM, 2004). Atlantic Richfieldrequests verification that sediment samplesAM-SE-04 and AM-SE-05 arefrom the same locations as soilsamplesAM-SO-04 andAM-SO-05 since they did not appear on the map. Also, Atlantic Richfieldrequests that EPAprovide a more**~pecific** locationfor the backgroundsampleAM-SS-OJ atNorth Middle School in BlackEagle. The document description identifies the sample only as being collectedin the schoolyard.

EPA Response: EPA believes that the Expanded Site Inspection report, which you cited, speaks for itselfand 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 showthe color-coded symbols for the two sediment samples referenced. However, the map did showthe locations ofthe two co-located surface water samples, which would be the locations ofthe two sediment samples cited. The surface sample AM-SS-OI taken at the North Middle School, described in Table I ofthe document as an "Upwind sample," is located one kilometer from the proposed site, outside the areal extent ofthe map, thus is not shown on the map referenced in yourrequest.

### Request 2. FieldInvestigations ofUncontrolledHazardous Waste sites (Fred 

### C. Hart andAssoc., 

### 1982). The copyproducedby EPA didnot include a copy of Plate 

### 2, Anaconda Creat Falls Refinery Water andSludge Sample Locations. Pleaseprovide a copy of Plate 2. fA copy of the document cover which includes EPA 

### #472583 is attached.]



### EPA Response: This request follows your FOIA RequestNo. 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 ofthe 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 ofPlate 2from the Fred C. 

### Hart and Assoc., 1982 report.
Request 3. Site Inspection andHazardous Materials Inventory, Montana Silver Smelter Site, Creat Falls, Montana (Tetra Tech EM, 2002). The report references, butdidnot include, a "Sample Location Map" or "largeformat map" that wouldshow the location of soil samples that were collectedandreportedin the text. Pleaseproduce a copy of the map. fa copy of the document coverwhich includes EPA 

### #503111 is attached.



### EPA Response: This request also follows your FOIA RequestNo. 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 ofthe large format map, indicating the procedure for requesting a copy ofthe 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, ifyou have any furthercomments or concerns related to the proposed rule to add the ACM Smelting and Refining Site to the NPL (75 FR 9843, dated March 4, 20I0), 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 commentperiod, 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-20I0-0072 for submittal ofyour comments. Ifyou have any questions concerning this letter, please contact Jim Stearns, EPA enforcement attorney,



### 2

### 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)



### 3