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  • What is a farm for purposes of the SPCC Rule?

    In the December 2006 amendments to the SPCC Rule, EPA defined a farm as "a facility on a tract of land devoted to the production of crops or raising of animals, including fish, which produced and sold, or normally would have produced and sold, 1,000 or more of agricultural products…

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  • Examples of an agent of a Professional Engineer

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) or an agent of the PE must visit and examine the facility before the PE certifies an SPCC Plan (40 CFR §112.3(d)). What are some examples of an agent of a PE? An agent of a…

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  • What is considered bulk oil storage capacity?

    The revised rule recognizes that oil is sometimes stored in bulk and sometimes used operationally. A bulk storage container is any container storing oil at a facility. Bulk oil storage containers may include, but are not limited to tanks, containers, drums, and mobile or portable totes. Operational use includes oil-filled…

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  • Mobile fuel tanker as a facility

    Is a non-transportation related mobile fuel tanker with more than 55 gallons located near a 55 gallon drum storage area considered a facility? Perhaps. "Facility" is defined in Part 112 to mean "any mobile or fixed, onshore or offshore building, structure, installation, equipment, pipe, or pipeline (other than a vessel…

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  • Do settlement communications, such as past “agreements in principle,” impact the implementation of the final Consent Decrees?

    The parties are bound by the terms of the various final, publicly available consent decrees. These consent decrees were made available for public comment before they were finalized and entered by the Court. Past settlement communications and documents created in the course of settlement discussions have been incorporated (or not)…

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  • What is the Confidentiality Order?

    The Confidentiality Order (Order) is a court order entered by the Federal District Court for the District of Montana (Court) on August 8, 2002, and amended by the Court on December 31, 2003, that applies to Superfund settlement negotiations in the Clark Fork River Basin, including the following sites: Silver…

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  • How does EPA ensure that the potentially responsible parties complete their work?

    All cleanup activities performed by the PRPs are subject to enforcement instruments (i.e., consent decrees or administrative orders) that provide for EPA approval of all deliverables and oversight of all work performed by the PRPs.

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  • How can residents communicate with EPA about activities at the Norwood Landfill site?

    This EPA website ( www.epa.gov/norwood ) is dedicated to the investigations in the Norwood community. We encourage you to use the site and submit any questions you might have through the form that appears on the website. We also welcome any feedback you might have on the webpage.

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  • Where can residents get the most accurate and up-to-date information on the Norwood Landfill site?

    The www.epa.gov/norwood website is the site with the most accurate and up-to-date information regarding EPA’s investigations in the Norwood community.

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  • What is a field-constructed container?

    What are the types of containers or equipment containing oil reservoirs that would be considered field-constructed containers and thus subject to the brittle fracture evaluation of 40 CFR §112.7(i)? As found in the Preamble language provided on page 47112 of the July 17, 2002 SPCC final rule, EPA provides a…

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  • What is oil-filled operational equipment?

    Oil-filled operational equipment is equipment that includes an oil storage container (or multiple containers and associated piping intrinsic to the operation of the equipment) in which the oil is present solely to support the function of the apparatus or the device. It is not considered a bulk storage container, and…

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  • Can you explain who has authority over the active mine vs the Superfund site?

    The Montana Department of Environmental Quality has regulatory authority over the active mine. EPA is the lead agency for the Silver Bow Creek/Butte Area Superfund Site and works in consultation with MDEQ to ensure the cleanup of the Site.

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  • Where can I go to learn more?

    PitWatch.org is the online home of the Berkeley Pit Public Education Committee. This volunteer committee educates residents, students, and the public about the environmental management of the Berkeley Pit.  Information includes the geology, hydrology, current events, and ongoing academic research associated with the Berkeley Pit. This committee frequently shares their…

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  • When will construction begin in the Silver-Bow Creek Corridor?

    Construction in the Silver Bow Creek corridor began in 2024 with the Grove Gulch Project.

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  • Why is the Confidentiality Order important?

    The Confidentiality Order (Order) has been, and continues to be, effective in assisting the parties in reaching settlements under the framework established by the Court in US v. ARCO and still pending in court – six consent decrees to date have been entered since the Order was issued. There are…

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