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 ofthe 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 ofyour 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 ofthe 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 ofthe Montana DEQ, and his staff to meet our common goals. Sincerely,

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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 2ndAvenue North**~** Great Falls, MY5940I .' 1eI. (406) 454-6810

­ Fax: (406) 454-6945

# 5 commission@co.cascade.mt.us**~** www.co.cascade.mt.us

# t CASCADE COUNTY

August 18, 2009 

# RECEIVED

Governor Brian D. Schweitzer 

## A.UG 242009 Office ofthe Governor 

### DEQ P.O. Box 200801 Helena, MT 59620-0801**O;~~CTORtS** 

### OFFICE RE: RequesttoNominateBlackEagle/ARCO Refinery for EPA National Priority Listing DearGovernor Schweitzer: At ourTuesday August 11, 2009 public meetingwe adopted Resolution 09-79. It is ourformal request for you to write a letter ofsupporttonominate BlackEagle andthe site ofthe former ARCO refinery to the US Environmental Protection Agency'sNational Priorities List (NPL)

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.. 'Wemake thIS request afterconsUTfmgWithTheMonfiilla DepartfuentofEnvironmemal-QtlaltW---­ and at the suggestion ofUSEPA Region 8. Placing BlackEagle/ ARCO Refinery sites on EPA's National Priorities List will bring needed federal resources to address pollution. Itwill also bring a distant administrative layerto the process. Therefore, we believe it is vital for Cascade Countyto stay involved in the clean-up. We have already experiencednotification glitches when MDEQ and EPA conducted residential testing in Black Eagle without notifYing Cascade County Commissioners orthe Health Department. Please take into consideration ourrequest for an activerole for Cascade County in your nomination request process. We offerthe following considerations as a preludeto further discussions with your staff. Considerations: 1) Separatethe site into two different "Operable Units" to address the most serious residential soil contamination in Black Eagle first. 2) Workcloselywith the community so stakeholders can be informed and provide meaningful inputthrough outthe process. 3) Cascade County does nothave the resources orworkforce to coordinate efforts with EPA, and MDEQ. We therefore request reasonable assurances thatEPAwill allocate funding so that Cascade County includingthe County Health Departmentcan 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 ofhealth for theirproperty ifthe testing ofa property is ok or ifthe contaminated soils are removed and the property restored. 6) Millions oftons ofslag and wastes containing high levels ofmetals were dumped into the Missouri River during refinery operations. Please structure the NPL request to ensure the river sediments get addressed in apermanentmanner. Thank you for your careful consideration ofthis request. We are optimistic this project can move forward as an example ofwhat can be accomplished when working together cooperatively.

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### 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 BlackEagle Civic Club has writtento the Governor and askedthatwebeplaced on the Federal SuperFund listing. The communityjoinsthe County Commissioners andthe Board ofHealth and supportsthis listing. We would like to thank you for thetime and effortthat your staffhas putinto educatingresidents ofBlackEagle. Sandra Olsen was very instrumental in gettingthe attention ofthe community and offering support inthis matter. Sincerely, The Black Eagle Civic Club SecretaryJulie Jorgensen (406)799-8727

# RECEIVED**_---'~l__** __ 

### eeT 

## 16 2009 DEQ

# 16~1 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 ofthe Governor P.O. Box 200801 Helena, MT 59620-080] RE: Support for Nomination ofBlack Eagle/ARCO Refinery for EPANational Priority Listing Dear Governor Schweitzer: As the Health Officer for Cascade County I am concerned about the health and safety ofthe citizens of Black Eagle, Mt. Elevated levels oflead have been identified in many ofthe yards. When Idrive 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 ofexposure over a long period oftime. My concern is that a more comprehensive assessment ofthe extent ofthe contamination and potential risk needs to be done in order to truly know ifthe 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 ofBlack 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