Local entities finalize comments on OU1, OU2 cleanup plans
The Environmental Protection Agency is not using or does not yet have the proper science or data to impose final remedies on operable units 1 and 2, according to the County/City Health Board, Libby City Council and Libby Area Technical Advisory Group.
The groups have finalized their official comments to be presented to the EPA concerning the agency’s proposed remedy for OU1 – the former export plant site, and OU2 – the former screening plant. The public comment period ends Saturday, following two one-month extensions.
The health board and city council propose interim Records of Decision, which will permit the EPA to move forward with a cleanup remedy, while still allowing wiggle room to change the remedy when better science is available.
“An interim ROD allows us to still have the leverage in this community to make sure this job gets done right,” said county health officer Brad Black at last week’s health board meeting.
Environmental attorney Allen Payne, who has agreed to guide the health board and city council through the Superfund process, explained the advantage of an interim ROD during the health board meeting.
“You get two bites at the apple,” he said. “From my perspective, the cleanup they’re going to try to do on the operable units, it’s a step in the right direction. We just don’t know if it’s the final step. What the interim ROD process does is it requires the agency at some time to make a definitive decision, is this the final remedy or not?”
The EPA assures city and county officials that reviews are required at least every five years after issuing a ROD to determine if the remedy is still working. If new science eventually reveals better remedies, the EPA would, in theory, change the ROD.
Health board members are doubtful, however, that the EPA would voluntarily make changes to what is supposed to be a permanent solution.
“The interim ROD is the way to get them on that path to re-look at these things,” Payne said. “If they go the other way (issue a ROD) and say we’re done, there’s no requirement for them. The interim ROD requires them to eventually address whatever issue is causing it to be interim.”
Local government and TAG have many issues with the proposed remedies and the science that the EPA used to reach its conclusions. The main concerns relate to toxicity studies and how exposure levels are measured, and are as follows:
• The health risks of Libby amphibole asbestos are uncertain, especially concerning low exposure levels and childhood exposures.
• Current risk models do not even include non-cancer effects, such as asbestosis.
• The methods used to quantify the levels of LA asbestos in air, dust and soil are unacceptable, causing data concerning exposure pathways to be inaccurate.