Superfund site handoff going well, officials say

Just over nine months since oversight of residential and commercial properties in the Libby Asbestos Superfund Site shifted from federal to state hands, officials say all is going according to plan.

Virginia Kocieda, director of the county Asbestos Resource program, said the organization has received 595 requests regarding asbestos oversight in Troy and Libby during this period. During a March 10 meeting between local and federal officials, Kocieda said the requests resulted in roughly 70 site visits.

Since July, ARP has partnered with the Montana Department of Environmental Quality, and Weston, a DEQ contractor, on three investigative sampling projects that resulted in or confirmed status changes on properties.

The program saw four abatement projects, two of which were self-performed by residents, one that is being completed by a contractor and one that was drafted but not assigned to a contractor. At the time of the meeting, Kocieda said one abatement and two sampling projects were being drafted.

Mike Cirian, U.S. EPA remedial project manager for the Libby site, said Kocieda’s report showed the ARP was functioning primarily as an informative program as organizers had hoped it would.

“When you’re looking at that many calls and you got that few actions, that shows that we’ve done the due diligence,” he said.

Last July, EPA officials transitioned oversight of residential and commercial properties in Troy and Libby to DEQ. ARP’s new funding stream from the state agency was delayed until December. In the interim, the county footed the program’s bill. DEQ has since reimbursed the county for the costs.

ARP is now working on informational outreach that targets real estate buyers. People looking to purchase land, Kocieda said, are sometimes unaware of regulations and don’t know to ask for comfort letters, which detail the statuses of properties within the superfund site.

In one case, a buyer unwittingly purchased real estate listed as a refusal property, or land on which the owner denied access to EPA workers seeking to investigate or remediate asbestos. ARP and DEQ are still investigating the sale.

Kocieda is focusing on emailing information to all registered dealers with properties for sale within Libby or Troy. ARP officials are also updating their list of refusal properties with more information and notices to contact the program. The organization will distribute the list to the real estate community, the area title company and local banks. Kocieda said that in 2019 there were 226 properties in Troy and Libby that had EPA notices.

As part of ARP’s ongoing project list, Kocieda said the program is working with two landowners who are hoping to get notices removed from their properties before going to market.

Beth Archer, EPA community involvement coordinator, said the agency is considering holding a public meeting this summer or fall to discuss the status of the former vermiculite mine site. Officials have broken up the area, known as Operable Unit 3 of the Superfund site, into two sections. Phase one concerns forested land surrounding the mine. Phase two addresses the mine itself and nearby waterways.

Archer said EPA has made headway in phase one by coordinating the U.S. Forest Service, DEQ and W.R. Grace to screen for alternatives. The agency is looking into the geotechnical processes in phase two and is still working to screen alternatives for this section of the unit.

Dania Zinner, who is working alongside Cirian as the EPA remedial project manager, said DEQ and the Lincoln County Port Authority are negotiating an environmental covenant for Operable Unit 5, which covers the former Stimson lumber mill. This document will define what can and can’t be done on the site in the future.

EPA officials are planning to open a public comment period on the Institutional Control and Assurance Plan for the former mill site. The agency also will share a notice for the explanation of significant differences in the plan. Officials are working to partially delete the unit, which means it will no longer be considered part of a Superfund site and will be removed from the national priority list of contaminated sites. EPA officials will still return to the partially deleted sites to test for contamination every five years.

Until April 9, EPA officials are seeking public comment on the ICIAP for Operable Unit 6, which covers the BNSF rail corridor. Archer said officials hope to partially delete this unit next year.

Archer said EPA has collected the paperwork needed to partially delete Operable Unit 8 which covers roads, highways and transportation corridors in the Superfund site. Officials hope to have the proposal available to the public in May.

EPA officials have delisted Operable Units 1 and 2, which cover Riverfront Park and the former screening plant, from the national priority list.

In addition to overseeing operations and maintenance of Libby and Troy residential properties, DEQ is managing units 1, 2, 5 and 8.