EPA initiating early 'last call'

The United States Environmental Protection Agency last week sent a mailer to south Lincoln County residents providing updates about the agency’s plans to complete remediation efforts on the Libby Asbestos Superfund site. In the mailer the agency cautioned residents about a pending ‘last call,’ scheduled for 2016.

“Now that we have a final cleanup decision in Libby and Troy, EPA needs to complete investigations at remaining properties where asbestos could still remain,” the mailer read. “We’ve made numerous attempts to contact property owners who have not yet participated, including letters, phone calls and home visits. 2016 will be the ‘last call’ for property owners to take advantage of free investigations.”

Lincoln County Asbestos Resource Program Manager Nick Raines said the exact details of the last call have yet to be determined, but he expects the program to be finalized within the next few weeks. Raines confirmed that one of the points of discussion regarding the last call is centered on property owners’ financial responsibility for inspection and cleanup if they choose not to participate before the yet-to-be-determined deadline. One of the bigger issues being debated is who is ultimately responsible for clean-up in the years after EPA leaves?

The agency has noted several properties where known asbestos contamination exists, but opted to not clean those areas as they were determined to be “sealed” behind walls or ceilings or buried under concrete or sufficient layers of soil. Buildings, however, don’t stand forever and landscape changes happen. Asbestos that is sealed today will not remain so indefinitely, so what responsibility falls on property owners if they choose to participate but contamination is left on their property? What about property owners who choose not to participate, but contamination is later found? 

In addition to the potential future financial consequences of not participating, Raines said other issues could develop later for those who decide to go it alone. Those issues, he said, include possibly being unable to sell or rent the property later due to contamination, or having diminished market value due to the uncertainty. Another potential problem he said could arise is that of creating a public health issue and the potential liabilty that could arise from such. He said everyone has the right to detemine what happens on their own properties and what risks they’re willing to assume for themselves, but if those risks extend to the general public there could be serious consequences.

Raines said the agency has estimated there are roughly 700 properties within the Superfund boundaries that have yet to be inspected. Those properties are in either deferred or refused status, meaning the property owners have either not responded to requests for permission or have denied access outright. Some of those properties, he said, have been inspected and contamination has been detected, but access for clean-up purposes was denied by the owners.

Raines said it is important for people to have their properties inspected so they can make informed decisions.

“We’re encouraging everyone to participate,” he said. “At least in the investigation process. If they do that they will have the information to make informed decisions about their properties.”