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  • Visit and examination requirements for SPCC self-certification

    Pursuant to 40 CFR §112.6, the owner or operator of a facility that meets the criteria in §112.3(g) for either a Tier I or Tier II qualified facility may self-certify the facility's SPCC Plan. As part of the self-certification, the owner or operator must certify that he or she has…

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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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  • Will boiling my water help?

    No. Boiling water will NOT reduce nitrate levels. In fact, it will make the level of nitrate worse because some of the water will evaporate but the nitrate will not. This increases the concentration of nitrate in water.

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  • Availability of electronic SPCC Plan template

    Part 112, Appendix G to prepare an SPCC Plan. Is the Tier I qualified facility SPCC Plan template available in an electronic version? EPA has made available electronic versions of the Tier I qualified facility Plan template to help the owner or operator of a Tier I qualified facility develop…

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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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  • Is it safe to shower or bathe in water if it is over the nitrate MCL of 10 mg/L?

    Nitrate is only a concern for ingestion (eating and drinking). It is not absorbed through your skin. People who install filter systems for nitrate often install them just for their kitchen sink faucet, and they use that faucet for their cooking and drinking water.

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  • What is EPA doing?

    EPA is working with its governmental partners and other stakeholders to investigate and address the issue. Most recently, EPA issued a letter to the state of Minnesota requesting a plan of action to address nitrate contamination in drinking water.

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  • What should I do if my water has elevated nitrates and/or exceeds the MCL?

    If nitrate exceeds the MCL of 10 mg/L, you should find a safe alternative drinking water supply. The quickest thing to do is to begin using bottled water for drinking. Another option is to install a treatment that will remove nitrate from your water such as reverse osmosis or a…

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  • Why is nitrate contamination a concern?

    Nitrate is an acute contaminant, meaning that health effects can occur immediately (I.e. within hours or days) of short-term exposure. Too much nitrate in your body makes it harder for red blood cells to carry oxygen. While most people recover quickly, this can be very dangerous for infants and some…

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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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