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  • Determining frequency of coordination activities

    The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). Are stationary sources responsible for determining if coordination activities should occur more often than annually? Ultimate responsibility…

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  • Do settlement communications, such as past “agreements in principle,” impact the implementation of the final Consent Decrees?

    The parties are bound by the terms of the various final, publicly available consent decrees. These consent decrees were made available for public comment before they were finalized and entered by the Court. Past settlement communications and documents created in the course of settlement discussions have been incorporated (or not)…

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  • What is the Confidentiality Order?

    The Confidentiality Order (Order) is a court order entered by the Federal District Court for the District of Montana (Court) on August 8, 2002, and amended by the Court on December 31, 2003, that applies to Superfund settlement negotiations in the Clark Fork River Basin, including the following sites: Silver…

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  • How does EPA ensure that the potentially responsible parties complete their work?

    All cleanup activities performed by the PRPs are subject to enforcement instruments (i.e., consent decrees or administrative orders) that provide for EPA approval of all deliverables and oversight of all work performed by the PRPs.

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  • Who Must Develop an Emergency Response Program?

    The risk management program regulations require the owner or operator of a covered stationary source to develop and implement an emergency response program as described in 40 CFR §68.95, which must include an emergency response plan, emergency response equipment procedures, employee training, and procedures to ensure the program is up-to-date…

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  • Why is the Confidentiality Order important?

    The Confidentiality Order (Order) has been, and continues to be, effective in assisting the parties in reaching settlements under the framework established by the Court in US v. ARCO and still pending in court – six consent decrees to date have been entered since the Order was issued. There are…

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  • What projects has EPA been involved with in Butte related to the Superfund site?

    A variety of actions and activities have been implemented to address the contamination in Butte, including: Assessments of risk have been conducted to quantify actual and potential human health risks due to potential exposure to tailings, waste rock, yard soils, indoor dust, attic dust, mercury vapor, surface water, and ground…

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  • Why were the consent decree negotiations under a confidentiality order?

    The confidentiality order was issued by the federal district court in 2002 to encourage and facilitate settlement negotiations. The court determined that the confidentially order was appropriate to ensure that the parties were afforded the opportunity to engage in frank, open discussion so that litigation could be settled promptly and…

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  • Remote coordination with local authorities

    The Risk Management Program regulations require owners and operators of stationary sources to coordinate their response needs annually, or more frequently if necessary, with local emergency planning and response organizations (40 CFR §68.93(a)). If a stationary source is in a remote location and in-person annual coordination is deemed impractical, can…

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  • What does the Confidentiality Order not cover?

    The Order does not apply to technical documents, discussions, and meetings concerning the implementation of the consent decrees that occur after the Court entered the consent decrees.

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  • What work are the potentially responsible parties required to complete at Butte Priority Soils Operable Unit?

    EPA will conduct oversight in consultation with the Montana Department of Environmental Quality (MDEQ) on all work to be implemented by Atlantic Richfield and Butte-Silver Bow County. Atlantic Richfield will perform work in the Butte Reduction Works, Northside Tailings, Diggings East, Buffalo Gulch, East Buffalo Gulch, and Grove Gulch areas…

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  • Emergency Response Coordination Activities Effective Date

    The RMP Amendments finalized on January 13, 2017 included a requirement for owners or operators of a stationary source to engage in emergency response coordination activities (40 CFR §68.93). The regulatory text in 40 CFR §68.10(b) states that compliance with these activities must be completed by March 14, 2018. Because…

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  • Are exercises required as a part of the emergency response program requirements under 40 CFR Part 68, Subpart E?

    Yes. At least once each calendar year, the owner or operator of a stationary source with any Program 2 or Program 3 process must conduct an exercise of the stationary source's emergency response notification mechanisms per 40 CFR 68.90(b)(3) or 68.95(a)(1)(i), as appropriate, before December 19, 2024, and annually thereafter…

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  • Is the Confidentiality Order still in effect?

    Yes. The Order states that all settlement discussions and documents “shall be kept confidential both during and after the negotiations and not disclosed to third persons.” (Order at 1-2).

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  • What does the Confidentiality Order cover?

    The Confidentiality Order applies to: All settlement discussions among and between the parties and any third parties. . .in settlement negotiations conducted pursuant to the Streamside Tailings Consent Decree settlement framework, as well as all documents prepared for settlement purposes or exchanged by the participants in such negotiations, shall be…

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