UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGIONS 1595 Wynkoop Street DENVER, CO 80202-1129 Phone 800-227-8917 http://www.epa.gov/region08

Ref: 8EPR-SA JUN ll anl

The Honorable John W. Hickenlooper Governor of Colorado 136 State Capitol Denver, Colorado 80203-1792

Dear Governor Hickenlooper:

The United States Environmental Protection Agency (EPA) is considering proposing the Colorado Smelter site in Pueblo, Colorado to the Superfund National Priorities List (NPL), pursuant to its authority under Section 105 ofthe Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), as amended, 42 U.S.C. Section 9605. The NPL contains a list ofhigh priority sites with releases ofhazardous substances, pollutants or contaminants that require long-term remedial evaluation and response. It is the EPA's policy to determine the state' s position on sites that the EPA is considering placing on the NPL. With this letter, the EPA is seeking the concurrence ofthe State of Colorado on adding the Colorado Smelter site to the NPL.

The Colorado Smelter site is located in Pueblo south ofthe Arkansas River at the south end of Santa Fe A venue. The former lead-silver smelter began operating in 1883 and by 1904 processed up to 252 tons ofore per day. The Colorado Smelter was merged into the American Smelting and Refining Company (ASARCO) in 1899 and closed in 1908. The smelter was constructed in a large ravine between Santa Fe A venue and the Denver & Rio Grande railroad tracks. At one time, there were two main chimneys, one 135 feet tall and another 200 feet tall. Smelter stack emissions are an additional source of lead and arsenic that have impacted nearby soils.

The site now consists ofbuilding remains and an approximate 700,000 square foot slag pile to which access is not restricted. The site is adjacent to the Bessemer and adjoining neighborhoods to the east and south ofthe site, which are within a recognized environmental justice community in South Pueblo. In June 2010, the Colorado Department of Public Health and Environment (CDPHE) sampled the site, nearby surface water and sediments from the Arkansas River, two background (reference) locations, and over 40 residential yards within the Bessemer neighborhood. Soil samples from the slag area contained concentrations ranging from 478 to 26,500 milligrams per kilogram (mg/kg) oflead and from 33 to 1,7 40 mglkg ofarsenic. An onsite seep also indicates the presence ofarsenic, cadmium, copper, lead, manganese and zinc; all metals typically associated with smelting.

Analytical results from several residential yard samples confirmed arsenic contamination ranging from 31.3 to 343 mg/kg, which is greater than three times the background levels, exceeds the EPA's Cancer Risk Screening Concentration and, in some locations, the Risk Dose Screening Concentration (non­ cancer screening level). Lead concentrations from yards ranged from 63.4 to 962 mg/kg, also exceeding three times the background levels and in some cases exceeding the EPA's 400 mg/kg national lead screening level for residential soils. Based on these results, the EPA and CDPHE are in agreement that listing the site on the NPL is the best option to comprehensively address both the residential yard contamination and residual slag, thereby reducing or removing threats to public health and the environment.

Prior to initiation ofa fund-fmanced remedial action, the EPA and the state will collaborate in the development of a Superfund state contract to provide the state assurances required by CERCLA, including, for example, the state's statutory cost share for the remedial action and assumption of operation and maintenance responsibilities.

The EPA is committed to working cooperatively with the state and local community throughout the listing and subsequent Superfund cleanup process and to ensuring that the EPA' s actions are condt,1cted in an open and transparent manner. We will continue to coordinate with CDPHE to actively engage the community and local stakeholders.

The EPA is requesting a written response to this letter from your office or from the Executive Director of the CDPHE by July 1, 2012. The EPA has set this date to allow adequate time to meet the September 2012 proposed rule publication schedule. Your response letter should indicate whether the state supports placement of the site on the NPL. If the state does not support listing, the state should describe the alternative approach to placement on the NPL that will ensure the identified high priority site and associated release(s) will be addressed. The EPA will be sharing information with the community regarding the state' s plans and position, including posting the information on the internet.

We will continue to work closely with and seek input from the state as the listing process proceeds. We appreciate your consideration ofthis matter. If additional information is needed, please contact me, or your staff may contact Martin Hestmark, Acting Assistant Regional Administrator, Ecosystems Protection and Remediation, at 303-312-6776.

Sincerely,

...... ---­

cc: Chris Kaufman, President Pueblo City ouncil

Sacndy Daff, District 4 Representative Pueblo City Council

Dr. Christine Nevin-Woods, Director Pueblo City-County Health Department

Dr. Christopher Urbina, Executive Director CDPHE

2 Martha E. Rudolph, Director CDPHE Environmental Programs

Gary Baughman, Director CDPHE Hazardous Materials and Waste Management Division

Martin Hestmark, Director Superfund Division

James Woolford, Director Office ofSuperfund Remediation and Technology Innovation

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