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  • Criteria for oil production facilities to be qualified facilities

    Qualified facilities are eligible for streamlined regulatory requirements in 40 CFR §112.6, which include self-certification of SPCC Plans. What criteria do oil production facilities have to meet in order to be considered qualified facilities? Oil production facilities, like all other facilities, must meet the criteria in §112.3(g)(1) or (2) to…

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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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  • What sources make up the Tier 1 categories used in the emissions trends?

    Tier 1 categories are assigned by source classification codes (SCCs) that are the most specific processes available in the NEI. The latest SCC list with the Tier 1 assignments can be downloaded from the EPA SCC website in Comma Separate Values (CSV) format.

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  • What is the cause of the large decrease in electric utility emissions, particularly sulfur dioxide, starting in 1995?

    SO2 emissions reductions from utilities during this time are primarily attributed to the impacts of the acid rain program. As described on EPA’s Acid Rain Program web page, Phase 1 of this program began in 1995 and affected 263 units at 110 most coal-burning electric utility plants in 21 eastern…

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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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  • SPCC compliance dates for farms

    What are the Spill Prevention, Control, and Countermeasure (SPCC) compliance dates for farms? On November 22, 2011, EPA amended the date by which certain farms must prepare, or amend, and implement their SPCC Plans to May 10, 2013 to comply with SPCC rule amendments promulgated since July 2002 ( 76…

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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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  • 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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  • PE certification and applying PE's seal

    Except as provided in 40 CFR §112.6 for qualified facilities, a Professional Engineer (PE) must certify a facility’s SPCC Plan. In order to certify an SPCC plan, must a PE apply his seal to the plan, or is the PE’s signature on a certification statement sufficient for SPCC purposes? For…

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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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  • Why do mobile source NOx emissions jump higher between 2001 and 2002 on the emissions trends?

    The emissions model used for mobile sources changed from MOBILE6.2 to MOVES 2010 in December 2009. This change included a notable increase in NOx emissions. The EPA adjusted data back to 2002 to reflect the change in models. The higher emissions in 2002 are because of this method change and…

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  • Why do the PM2.5 emissions for the electric utilities source category jump up between 1998 and 1999?

    The estimation method for PM emissions from fuel combustion sources was enhanced beginning with the 1999 National Emissions Inventory. Prior to 1999, the emissions measurement data methodology only included the filterable portion (which means the solid particle matter at elevated stack temperatures). Beginning with the 1999 NEI, both the filterable…

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