State to hold public meeting on possible Libby asbestos settlement

The Montana Department of Environmental Quality (DEQ) and the Montana Natural Resource Damage Program (NRDP) have extended the public comment period and will hold a public meeting on a proposed settlement agreement related to the Libby Asbestos Superfund Site in Lincoln County.

The two agencies will hold a public meeting at the Libby City Hall Ponderosa Room at 6 p.m. Monday, March 6.

In addition, the public comment period has been extended, through March 15, 2023.

Filed January 10, 2023, the proposed settlement would require W.R. Grace & Co. (Grace) to pay $18.5 million to resolve the State’s natural resource damage claims.

The damage program, on behalf of Gov. Greg Gianforte, would receive that amount plus interest over 10 years, with the first $5 million due within six months of entry of the settlement agreement.

The funds would be used to restore, replace or rehabilitate injured natural resources in the Lincoln County area and related costs.

Under the settlement, Grace would also provide the state with financial assurance for the operation and maintenance of the Kootenai Development Impoundment Dam for the next 100 years.

This settlement would not affect Grace’s obligations under the Montana Dam Safety Act or the Montana Department of Natural Resources and Conservation’s regulatory powers.

The Libby Asbestos Superfund Site was added to the Environmental Protection Agency’s National Priorities list in 2002 due to asbestos contamination that resulted from the vermiculite mine and mill operated by Grace.

The proposed settlement would resolve Grace’s liabilities to DEQ regarding hazardous or harmful substances, with certain limited exceptions, but would not affect Grace’s requirements to continue to perform superfund work, subject to EPA oversight with DEQ consultation.

The state has reserved the right to withdraw or withhold its consent to the settlement agreement if comments received disclose facts or considerations that indicate the settlement agreement is inappropriate, improper or inadequate.

Comments can be submitted electronically or by mail. To view the settlement agreement, learn more about how to submit comments or to find details on the upcoming public meeting, please visit https://dojmt.gov/lands/notices-of-public-comment.