DOUG JONES sue steaze pe Ree cose ae nited States Senate August 13, 2018 The Honorable Andrew Wheeler Acting Administrator Environmental Protection Agency 1200 Pennsylvania Avenue NW ‘Washington DC, 20460 Dear Administrator Wheeler, I write to urge you to review and reconsider EPA’s previous decision not to place the North Birmingham Alabama 35" Avenue Superfund site on the National Priority List (NPL). ‘As you know, after years of study and analysis, in September 2014, the EPA made a preliminary recommendation to include the North Birmingham Alabama 35 Avenue Superfund site on the NPL. This initial determination was buttressed by soil sampling in the impacted area that scored 50 on the Hazard Ranking System (HRS), well above the 28.5 minimum HRS score ‘traditionally used by the EPA to determine eligibility for placement on the NPL. However, subsequent to a public comment process — which surfaced strong opposition from citizen groups, as well as local, state, and federal officials ~ the EPA chose not to place this site on the NPL. While the EPA’s decision not to place the North Birmingham Alabama 35" Avenue Superfund site on the NPL was disappointing to many in the community, it was perhaps understandable given the strong vocal opposition within the state. However, it is now abundantly clear, as evidenced by the July 19, 2018 convictions of a former state legislator, a local business exceutive and an attorney on a number of federal charges including, conspiracy, wire fraud and bribery, that the EPA’s initial public review process was undermined by an illegal misinformation scheme to prevent the North Birmingham site from being added to the NPL. ‘Therefore, the EPA can now play an important part in rectifying this injustice and improving the lives of the residents of this community, by reviewing and reconsidering its prior decision not to place the North Birmingham 35" Avenue Superfund site on the National Priority List, an action that the EPA would likely have taken years ago if not for this criminal activity. Residents of this community deserve better from their local, state, and federal governments. Like residents of any other community in our state and country, they deserve to live in ‘communities free of soil, water, and air contamination. By all accounts, the EPA has taken steps in the past to do the right thing to protect this vulnerable community, This community needs your Agency’s continued help and assistance. Your action will give all parties, including thelocal business community, an opportunity to work for the betterment of this community. I stand with many community leaders in offering whatever assistance I can offer in this process. ‘Thank you for your prompt attention to this request. Sincerel} Doug Ipfes United States Senator CC; Trey Glenn, EPA Region 4 Administrator