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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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  • What sources make up the Tier 1 categories used in the emissions trends?

    Tier 1 categories are assigned by source classification codes (SCCs) that are the most specific processes available in the NEI. The latest SCC list with the Tier 1 assignments can be downloaded from the EPA SCC website in Comma Separate Values (CSV) format.

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  • What is the cause of the large decrease in electric utility emissions, particularly sulfur dioxide, starting in 1995?

    SO2 emissions reductions from utilities during this time are primarily attributed to the impacts of the acid rain program. As described on EPA’s Acid Rain Program web page, Phase 1 of this program began in 1995 and affected 263 units at 110 most coal-burning electric utility plants in 21 eastern…

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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 do I have to do in preparation for the cleaning?

    Cleaning crews will not move any of your personal belongings, including furniture or appliances. To ensure the most thorough cleaning of your home or place of business, please clear countertops and other surfaces, and limit excess clutter. Norfolk Southern will provide a few boxes if needed to allow for easy…

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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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  • 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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  • Will someone explain the process to me so that I can decide if I want cleaning?

    During your pre-cleaning interview, representatives from EPA and Norfolk Southern will explain the cleaning process, assess time and resource needs, answer questions, and if desired schedule a cleaning date.

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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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  • Why do mobile source NOx emissions jump higher between 2001 and 2002 on the emissions trends?

    The emissions model used for mobile sources changed from MOBILE6.2 to MOVES 2010 in December 2009. This change included a notable increase in NOx emissions. The EPA adjusted data back to 2002 to reflect the change in models. The higher emissions in 2002 are because of this method change and…

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  • How will a cleaning date be scheduled?

    A scheduling specialist will contact you to find a date and time for a pre-cleaning interview at your home or place of business.

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  • Why do the PM2.5 emissions for the electric utilities source category jump up between 1998 and 1999?

    The estimation method for PM emissions from fuel combustion sources was enhanced beginning with the 1999 National Emissions Inventory. Prior to 1999, the emissions measurement data methodology only included the filterable portion (which means the solid particle matter at elevated stack temperatures). Beginning with the 1999 NEI, both the filterable…

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