News Releases from Region 08

BNSF agreement to ensure long-term protectiveness within railroad corridors for Libby Asbestos Superfund site finalized

BNSF to implement institutional controls and maintain remedy for corridors

Lincoln County, Montana – On November 30, 2020, the United States District Court for the District of Montana approved and entered a Consent Decree for remedial action between the U.S. Department of Justice, the State of Montana (MDEQ), and BNSF Railway Company (BNSF) addressing Operable Unit 6 (OU6) of the Libby Asbestos Superfund site.

The Consent Decree requires that BNSF implement institutional controls, perform long-term operations and maintenance, and pay future response costs at OU6. OU6 includes BNSF-owned and operated railyards in the towns of Libby and Troy and approximately 42 miles of railroad right-of-way. BNSF previously completed removal actions and a remedial investigation at OU6 under an administrative agreement, and a later Record of Decision, signed in 2016, which called for additional institutional controls. This settlement memorializes BNSF’s commitment to manage the remedy into the future in order to ensure long-term protectiveness.

The Consent Decree was lodged in September and has now been approved by the court and entered. MDEQ and the United States conducted a 30-day public comment period for the Consent Decree from September 1through September 30, 2020. No comments were received.  For more information about the Libby Superfund site and to access the Consent Decree, visit: https://19january2021snapshot.epa.gov/superfund/libby-asbestos