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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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  • What is the timeline for posting the responses? Will we receive an email with notification on the answers or shall I monitor the website for the posting?

    EPA will respond to the individual email 1 - 2 days after receipt and will post the questions and answers to the RFA website very soon thereafter.

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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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  • 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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  • How will waste from the Further Remedial Elements project (Silver Bow Creek Corridor) areas be handled?

    Each Further Remedial Element project area has its own specific requirements regarding waste. For example, at Northside Tailings and Diggings East, all materials within the project area that exceed the Waste Identification Criteria will be disposed of offsite in a repository. At Buffalo Gulch all materials below the basin(s) that…

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  • How can I get involved?

    EPA encourages the public to review our Community Involvement Plan (pdf) (66pp, 6MB) that lays out our specific community involvement activities, and how to become involved at the Site. You can also contact our Community Involvement Coordinator, Mackenzie Meter ( [email protected] ), for site updates and to be added to…

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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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