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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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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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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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Is the volume of renewable fuels a fixed number of gallons? How does this affect an obligated party's requirements?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . The volume of renewable fuel used as the basis for calculating the percentage renewable fuel standards is fixed by CCA 211(o)(2)(B) for certain years (through 2012 for biomass-based diesel and 2022 for other renewable fuels), with volumes after…
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Why were the consent decree negotiations under a confidentiality order?
The confidentiality order was issued by the federal district court in 2002 to encourage and facilitate settlement negotiations. The court determined that the confidentially order was appropriate to ensure that the parties were afforded the opportunity to engage in frank, open discussion so that litigation could be settled promptly and…
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What projects has EPA been involved with in Butte related to the Superfund site?
A variety of actions and activities have been implemented to address the contamination in Butte, including: Assessments of risk have been conducted to quantify actual and potential human health risks due to potential exposure to tailings, waste rock, yard soils, indoor dust, attic dust, mercury vapor, surface water, and ground…
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Can 2009 Cellulosic Biomass ethanol RINs (with a D code of 1) be used to satisfy an obligated party?s Cellulosic Biofuel and/or Advanced Biofuel RVO in 2010? Is there a 20% rollover cap on this type of RIN being used to satisfy the Cellulosic and/or Advan
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . 2009 cellulosic biomass ethanol RINs with a D code of 1 that are not used for compliance purposes in 2009 can be used to meet the cellulosic biofuel, advanced biofuel, and total renewable fuel RVOs in 2010. The…
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What does the Confidentiality Order not cover?
The Order does not apply to technical documents, discussions, and meetings concerning the implementation of the consent decrees that occur after the Court entered the consent decrees.
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What work are the potentially responsible parties required to complete at Butte Priority Soils Operable Unit?
EPA will conduct oversight in consultation with the Montana Department of Environmental Quality (MDEQ) on all work to be implemented by Atlantic Richfield and Butte-Silver Bow County. Atlantic Richfield will perform work in the Butte Reduction Works, Northside Tailings, Diggings East, Buffalo Gulch, East Buffalo Gulch, and Grove Gulch areas…
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I understand under CAA Section 211(o), compliance can be deferred for a year as long as the obligated party complies the next year. How does one petition for a one-year deferral? What criteria are considered?
See More Frequent Questions about Fuels Registration, Reporting, and Compliance Help . According to §80.1427(b), an obligated party may carry a deficit from one compliance year to the next under certain conditions. No petition for a deficit carryover is required. An obligated party will be presumed to be carrying over…
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Is the Confidentiality Order still in effect?
Yes. The Order states that all settlement discussions and documents “shall be kept confidential both during and after the negotiations and not disclosed to third persons.” (Order at 1-2).
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What does the Confidentiality Order cover?
The Confidentiality Order applies to: All settlement discussions among and between the parties and any third parties. . .in settlement negotiations conducted pursuant to the Streamside Tailings Consent Decree settlement framework, as well as all documents prepared for settlement purposes or exchanged by the participants in such negotiations, shall be…
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Who is covered by the Confidentiality Order?
Atlantic Richfield Company, Butte-Silver Bow County, the United States, the State of Montana, (including the Department of Environmental Quality and the Natural Resource Damage Program), and any third parties who join them in settlement negotiations.
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