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  • How do the changes in the 2006 Amendments apply to mobile refuelers?

    Mobile refuelers are now exempt from the following sized secondary containment provisions that still apply to all other bulk storage containers and mobile/portable bulk storage containers: • Sections 112.8(c)(2) and (11) for petroleum oils • Sections 112.12(c)(2) and (11) for animal fats and vegetable oils These provisions previously required sized…

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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 is the “reduced speed” near work areas? When will the speed limit return to normal?

    The reduced speed near work areas on Taggart Street is 15 miles per hour. Be aware that air monitoring vans drive at 10 miles per hour and no passing is permitted. Please obey reduced speed signage to ensure safety of workers and work vehicles. Speed restrictions will continue until final…

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  • What hours will truck traffic be present? About how frequent and how long are wait times expected to be?

    Most truck traffic on Taggart occurs from 6 a.m. to 6 p.m. Vac trucks and support vehicles will continue to use the street through overnight hours. During traffic interruptions, wait times will likely vary from 15 to 30 minutes and may occur often throughout the day.

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  • Are there health risks to driving through Taggart Street?

    There are no anticipated health risks along Taggart Street associated with project activities. As work proceeds, to ensure worker and community safety, the Unified Command will continue to evaluate site conditions for health and safety considerations. While traffic will be able to proceed through the work areas along Taggart Street…

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  • SPCC Rule schedules for inspections, tests, and evaluations

    The SPCC rule requires inspections, tests, and evaluations of above ground containers (40 CFR §112.8(c)(6)). Does the rule set schedules for how often these need to be conducted? The SPCC Rule does not prescribe a specific frequency or methodology for performing the required inspections, evaluations, and tests for aboveground containers…

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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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  • Can I get gas at Leake Oil on Taggart Street?

    No, Leake Oil is currently closed due to site activities. They have an alternate location on N. Market Street.

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  • Are mobile refuelers exempt from integrity testing requirements?

    Pursuant to 40 CFR §112.8(c)(2), mobile refuelers are exempt from the secondary containment requirements for bulk storage containers. Are mobile refuelers also exempt from the requirements for integrity testing in §112.8(c)(6)? Since mobile refuelers are mobile or portable bulk storage containers, the other provisions of §112.8(c) still apply. Therefore, mobile…

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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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  • Will air monitoring continue around Taggart Street?

    Stationary and mobile air monitoring continues around the community and within the derailment site. As the excavation work is completed and remaining waste removed, air monitoring will be reduced.

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  • Can I walk along Taggart Street?

    Pedestrians are discouraged from walking on Taggart Street for safety reasons. Heavy equipment and truck traffic are still present, and there are no sidewalks along some stretches of the street.

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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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