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  • What is Vermiculite?

    Vermiculite is the mineralogical name given to hydrated laminar magnesium-aluminum-iron silicate that resembles mica in appearance. All vermiculite ores contain a range of other minerals that were formed along with the vermiculite in the rock. Vermiculite ores from some sources have been found to contain asbestos minerals but asbestos is…

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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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  • 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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  • What are some uses of Vermiculite?

    Vermiculite has been used in various industries for over 80 years. It is used in the construction, agricultural, horticultural and industrial markets. Examples of products that contain vermiculite include potting soil mixes, loose fill insulation, and packing material. For more information, visit the EPA webpage: Protect Your Family from Asbestos-Contaminated…

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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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  • 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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  • Does a home seller have to disclose to a potential buyer that a home contains asbestos? What about vermiculite?

    Federal law does not require the seller to disclose to a buyer that their home contains asbestos or vermiculite. State or local requirements may require disclosure. Contact your state about such requirements. Other Frequent Questions about Asbestos Learn About Asbestos Asbestos and School Buildings Information for Owners and Managers of…

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  • My attic has vermiculite insulation in it. Am I at risk? Should I take it out?

    If you have vermiculite insulation in your home, you should assume this material may be contaminated with asbestos and be aware of steps you can take to protect yourself and your family from exposure to asbestos. The EPA recommends that vermiculite insulation be left undisturbed. Airborne asbestos fibers present a…

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  • Is there guidance in the application pertaining to any QAPP (Quality Assurance Project Plan) requirements for the individual projects and associated subrecipients?

    Quality Assurance (QA) information is provided in the RFA document under Section VI.B. However, once awards are made, EPA will provide additional guidance and support to the principal recipient on QA and QAPP(s) as necessary.

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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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