Board hears warnings on EPA lead standard and lost fees as Smuggler Superfund fund dwindles

Pitkin County environmental health staff told the Board of Health on Oct. 10 that a recent U.S. Environmental Protection Agency change to its lead‑in‑soil standard and a temporary state action removing a landfill fee threaten the county’s Smuggler Superfund funding stream and could increase future workload if the new standard is applied to existing sites.

"The EPA changed their lead standard lead in soil standard and lowered it," Kurt, the department’s environmental health lead, told the board, noting the potential for a more stringent cleanup threshold. Kurt said new EPA guidance is still being applied case‑by‑case to existing sites, but if Smuggler were required to meet the lower standard — now roughly 200 parts per million compared with a prior working level near 1,000 ppm — the county could face substantial additional sampling, mapping and possible remediation work.

Compounding the issue, Kurt said the state suspended collection of the Hazardous Substance Recovery Fund (HSRF) fee that had supplied a small local revenue stream. County staff said they typically receive about $8,000 a year from the fee (based on a 4¢ per‑ton landfill surcharge retained locally); the state’s action means the county is not collecting that amount this year. With lower revenues and ongoing Superfund response staffing needs, the Smuggler fund balance could drop sharply over the next several years unless the state restores the fee or the county adjusts local charges. Staff provided a projection showing a year‑end Smuggler fund balance around $348,000 today falling to roughly $25,000 by 2029 if no income resumes.

Kurt told the board the EPA will decide how to handle the new standard on a site‑by‑site basis for locations that have already completed remediation work. "We just don't know yet if that's going to happen, but it it's an important piece to point out because we could have a lot more work coming," he said.

Board members raised questions about whether blood‑lead screening data exist that would help demonstrate current community risk. Staff said they do not have a comprehensive dataset of blood‑lead levels for all local children in the Smuggler area and that prior studies did not show widespread elevated blood lead; they also noted that WIC client testing provides only partial coverage of the child population.

Kurt and other staff said they plan to meet with the EPA contact soon for clarification on how the agency will treat existing sites under the new standard, and they flagged two possible local responses if the state does not restore funding: (1) request county discussion with CDPHE and EPA about standards and funding; or (2) consider raising the local landfill fee above 4¢ per ton. The county could also seek state funding or apply for other grants to help with sampling and blood‑lead testing.

The board approved the Smuggler Superfund fund budget as presented, while several members said they remain concerned about long‑term funding and possible new responsibilities if the EPA enforces the lower standard for Smuggler and other local properties.