OFFICE OF THE GOVERNOR 

STATE OF MOl':TANA 

BRIAN SCHWEITZER JOHN BOIlLlNGER 

GOVERNOR LT. GOVERNOR 

November 24, 2009 

Carol Rushin, Acting Regional Administrator 

US Environmental Protection Agency 

Region 8 

1595 Wynkoop Street 

Denver, CO 80202-1129 

Re: NPL listing of the AMC Smelter and Refinery 

Dear Ms. Rushin: 

Historic refining waste on Atlantic Richfield Company's (ARCo) Anaconda Mineral 

Company (AMC) Smelter and Refinery properties and rail grade, as well as aerial 

deposition from smokestack emissions in the vicinity, have resulted in contamination of 

various properties in the community of Black Eagle. I appreciate the Environmental 

Protection Agency's (EPA) efforts to date to identify contamination and to determine 

whether contaminants are occurring at levels that create a long-term risk to human health 

and the environment. 

These contaminated areas, collectively known as the AMC Smelter and Refinery site, and 

similar names, continue to pose a long-term risk to the health of Montanans in the area. 

There is widespread support from citizens in the community of Black Eagle, the county and 

the county Board of Health for listing of the site on EPA's National Priority List (NPL). 

I believe it is imperative to address contamination that poses a risk to our citizens in a 

timely, coordinated, and cost-effective fashion. Therefore, I, too, support the listing of this 

site on the NPL. As Governor, I stress the importance of EPA addressing the concerns 

raised by Cascade County in its August 18, 2009, letter (attached) and to keep the 

community informed of your progress. In addition, I encourage you to address the 

concerns raised by the community of Black Eagle in the Black Eagle Civic Club letter of 

November 20, 2009, (attached), and to keep the residents informed of your plans and 

progress. In particular, I encourage you to ensure the responsible parties initiate 

investigation and cleanup on residential properties as expeditiously as possible in order to 

minimize exposure to the contaminants and reduce the disruption that cleanup activities 

generate to the residents. 

On behalf of the state, I want to stress the need for comprehensive and thorol1gh 

identification of contaminated properties, including but not limited to the ARCo refinery 

properties and associated surface and ground waters affecting the Missouri River. I 

encourage EPA to ensure it utilizes contracting opportunities that maximize the potential 

for local employment in the cleanup process. 

STATE CAPITOL • P.O. Box 200801 • HELENA, MONTANA 59620-0801 


TELEPHONE: 406-444-3111 • FAX: 406-444-5529 • WEBSITE: WWW.MT.GOV 

--

Carol Rushin 

November 23, 2009 

Page Two 

EPA must be committed to timely funding of cleanup-related activities for the whole site. As 

EPA and my Department of Environmental Quality (DEQ) work through the activities necessary 

to clean up this site, we urge EPA to apply state cleanup levels to contaminants and to involve 

DEQ in the contractor selection and management process. 

I have directed DEQ to provide assistance to the EPA in addressing community concerns. 

have also directed them to work in cooperation with EPA to conduct coordinated actions and to 

find a local repository site necessary to achieve cleanup of residential properties. 

Please work with Richard Opper, Director of the Montana DEQ, and his staff to meet our 

common goals. 

Sincerely, 

-~.~..•..... 

'."--­

'" 

Cc: 	 Cascade County Commissioners 

Black Eagle Civic Group 

Richard Opper, DEQ 

Gwen Christiansen, EPA 

Julie Dalsoglio, EPA 

Attachments 

PDF of Cascade County Letter 

PDF of Black Eagle Civic Club Letter 

PDF of City County Health Department 
_7J...1-L 

BOARD OF COMMISSIONERS 

325 2nd Avenue North ~ 

Great Falls, MY 5940 I .' 

1eI. (406) 454-6810 ­

Fax: (406) 454-6945 5 

commission@co.cascade.mt.us ~ 

CASCADE COUNTY www.co.cascade.mt.us t

August 18, 2009 	 RECEIVED 

Governor Brian D. Schweitzer 	 A.UG 242009 

Office of the Governor 

P.O. Box 200801 DEQ

Helena, MT 59620-0801 O;~~CTORtS OFFICE 

RE: Request to Nominate Black Eagle/ARCO Refinery for EPA National Priority Listing 

Dear Governor Schweitzer: 

At our Tuesday August 11, 2009 public meeting we adopted Resolution 09-79. It is our formal 


request for you to write a letter ofsupport to nominate Black Eagle and the site ofthe former 


ARCO refinery to the US Environmental Protection Agency's National Priorities List (NPL) . 


.. 'We make thIS request after consUTfmgWithTheMonfiilla DepartfuentofEnvironmemal-QtlaltW---­

and at the suggestion of US EPA Region 8. 

Placing Black Eagle/ ARCO Refinery sites on EPA's National Priorities List will bring needed 


federal resources to address pollution. It will also bring a distant administrative layer to the 


process. Therefore, we believe it is vital for Cascade County to stay involved in the clean-up. 


We have already experienced notification glitches when MDEQ and EPA conducted residential 


testing in Black Eagle without notifYing Cascade County Commissioners or the Health 


Department. 


Please take into consideration our request for an active role for Cascade County in your 


nomination request process. We offer the following considerations as a prelude to further 


discussions with your staff. 


Considerations: 

1) 	Separate the site into two different "Operable Units" to address the most serious residential 


soil contamination in Black Eagle first. 


2) Work closely with the community so stakeholders can be informed and provide meaningful 


input through out the process. 


3) Cascade County does not have the resources or workforce to coordinate efforts with EPA, and 


MDEQ. We therefore request reasonable assurances that EPA will allocate funding so that 


Cascade County including the County Health Department can meaningfully coordinate efforts 


between the residents and EPA. 

4) 	We also request assurances that the EPA will ensure funding for repairs for any damages 

to County streets caused from the heavy equipment traveling on the streets during the 

cleanup. 

5) 	Cascade County requests that each participating property owner will receive a letter of 

clean bill of health for their property if the testing of a property is ok or if the 

contaminated soils are removed and the property restored. 

6) 	Millions of tons of slag and wastes containing high levels of metals were dumped into the 

Missouri River during refinery operations. Please structure the NPL request to ensure the river 

sediments get addressed in a permanent manner. 

Thank you for your careful consideration of this request. We are optimistic this project can 

move forward as an example of what can be accomplished when working together 

cooperatively. 

..... ~--~-- ..... ~.-.~--.--~-~.-.~.--

Bill Salina, Commissioner 

cc: 	 Richard H. Opper, Director 

Department ofEnvironmental Quality 

P.O. Box 200901 

Helena, MT 59620-0901 

-..-.--•... -~.---... 
November 20, 2009 

REt ~VED 

DepartmentofEnvironmental Quality 

PO Box 200901 NOV 2$ 2009 

Helena, MT 50620-0901 D(Q 

DIRECTOR'S OFfgC~ 

To whom it may concern, 

The Black Eagle Civic Club has written to the Governor and asked that we be placed on 

the Federal Super Fund listing. The community joins the County Commissioners and the 

Board ofHealth and supports this listing. We would like to thank you for the time and 

effort that your staff has put into educating residents of Black Eagle. Sandra Olsen was 

very instrumental in getting the attention ofthe community and offering support in this 

matter. 

Sincerely, 

The Black Eagle Civic Club 

Secretary Julie Jorgensen 

(406)799-8727 
RECEIVED _---'~l____ 

eeT 1 6 2009 

16~1 DEQ

DIRIECfOR'S OFFICE 

CITY-COUNTY HEALTH DEPARTMENT 

111--------_._.__._-_._....__... _.• 


115 4th Street South. Great Falls, Montana 59401 • (406) 454-6950 


October 15, 2009 

Governor Brian D. Schweitzer 

Office of the Governor 

P.O. Box 200801 

Helena, MT 59620-080] 

RE: Support for Nomination of Black Eagle/ARCO Refinery for EPA National Priority Listing 

Dear Governor Schweitzer: 

As the Health Officer for Cascade County I am concerned about the health and safety of the citizens of 

Black Eagle, Mt. Elevated levels of lead have been identified in many of the yards. When I drive 

through Black Eagle I see children playing in those yards and I wonder what impact elevated lead levels 

are having on them. Long term exposure to high lead levels can cause debilitating health problems and in 

children it can cause learning problems. 

Most lead poisoning comes from low levels of exposure over a long period of time. My concern is that a 

more comprehensive assessment of the extent of the contamination and potential risk needs to be done in 

order to truly know if the Black Eagle resident's health is being affected by lead exposure. 

Placing Black Eagle/ARCO Refinery sites on EPA's National Priorities List will bring needed federal 

resources to move the risk assessment process forward. 

I support the nomination of Black Eagle/ARCO Refinery for EPA National Priority Listing and 

encourage you to do so. 

Sincerely, 

Alicia M. Thompson, MSW 

Health Officer/Executive Director 

Cascade City County Health Depaliment & Community Health Care Center 

CC. 	 Richard H. Opper, Director 

Department of environmental Quality 

P.O. Box 200901 

Helena, MT 59620-0901