EPA newsletter raises concerns

In a meeting of the Libby Technical Assistance Group (TAG) and Community Advisory Group (CAG), a newsletter from the Environmental Protection Agency was distributed that points toward the potential end of active clean-up operations in Libby and the creation of institutional controls as a long-term management program.

The newsletter, dated September 2014, indicates that EPA intends to issue a proposed remediation plan early next year. It also states that “once the public has had the opportunity to read and comment on the proposed plan, EPA will review the comments, make any modifications necessary, select a final remedy and issue a record of decision in consultation with the Montana Department of Environmental Quality. The (record of decision) will document the decisions about how the site will be cleaned up and how the remedy will be maintained to protect human health and the environment over the long-term.”

In June, The Western News reported the EPA was on a path to wind down active operations in Libby within three years. Lincoln County Commissioner-elect Mark Peck and Lincoln County Asbestos Resource Program manager Nick Raines, both of whom were present at the Thursday meeting, expressed similar assessments. Based upon an average clean-up rate of 70 sites per year and an estimated 200 sites remaining to be cleaned and accounting for possible delays, they estimate active clean-up should be completed within three to five years.

EPA has been in Libby for nearly 15 years, and as of yet no toxicology values have been assigned to Libby Amphibole Asbestos, nor has any type of risk assessment been published. Now, EPA is saying they will have a proposed plan ready for public comment by early 2015 and have begun preparing the community to discuss institutional controls for long-term management of contamination left behind after the active clean-up phase is completed.

That pace, Raines said, is exactly what has him concerned. “We need to be in front of this, as a community,” Raines said. Referring to who will make decisions about long-term management and costs after the active clean up, Raines said the EPA will if the Libby community does not.

Peck shared his concerns about the long-term project, focusing on the fiscal impacts of the management. EPA has set aside $11 million for long-term operations and maintenance, but “that isn’t going to go very far,” Peck said. He feels it is vital for the County Commission to be involved in any long-term planning, not just as a stakeholder, but to “be an active participant and have a seat at the table.”

Montana Department of Environmental Quality attorney Katherine Haque-Hausrath said the DEQ feels EPA will be actively involved in operations in Libby for longer than the estimated three to five years, even though it is anticipated that the $250 million settlement fund will run out before the end of 2015. She also said the state is actively engaged in discussions with EPA about who will end up with financial responsibility for the long-term operation and maintenance of the clean-up.

She said, “DEQ is working in a consultative role with EPA, trying to get them to do as much as possible” before closing the active phase and turning it over to long-term maintenance.

Residents in attendance at the meeting expressed concerns about the types of institutional controls that could be left in place in Libby, especially deed restrictions that might adversely impact both use of property and property values in the area. 

“Once EPA leaves, we have to live with what’s left,” Peck said. “We need to do it right from both the standpoint of public health and property rights.”

That, Raines said, is why community involvement is so important to the process. The community has the opportunity to weigh in on EPA’s proposed plan and have input in the final remedy.