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News Releases

News Releases from Region 08

BNSF agrees to future operation and maintenance of remedy within railroad corridors for Libby Asbestos Superfund site

Consent Decree now available for public comment

Contact Information: 
Richard Mylott (

Libby, Montana  – Last week, the U.S. Environmental Protection Agency (EPA), the Montana Department of Environmental Quality (DEQ), the U.S. Department of Justice (DOJ) and the BNSF Railway Company (BNSF) lodged a proposed Consent Decree in which BNSF will agree to future Operation and Maintenance (O&M) and institutional controls associated with Operable Unit (OU) 6 of the Libby Asbestos Superfund site in Libby, Montana.

Under the proposed agreement, BNSF will develop institutional controls for the area to ensure the remedy remains protective and will implement best practices to reduce the potential for exposure. Protective measures include securing properties, limiting unauthorized entry and minimizing the potential for the disturbance of soils in the approximately 42 miles of right-of-way in OU6. OU6 is comprised of railroad rail line, right-of-way, and rail yards located in Libby and Troy, all property owned by BNSF. EPA does not anticipate any further cleanup requirements within OU6.

“This proposed agreement is a significant achievement,” said EPA Region 8 Administrator Gregory Sopkin. “It will ensure that BNSF maintains the long-term protectiveness of the remedy already in place for OU6 and reflects the progress made to protect community members and workers from exposure to Libby Amphibole asbestos.”

The U.S. Department of Justice has published a formal notice in the Federal Register and will accept public comment on the proposed Consent Decree for a period of thirty days from the date the notice is published. Under State law, Montana DEQ is also required to hold a public comment period ( on the Consent Decree, which will run concurrently.

To comment on the Consent Decree, please email:

For more information about the Libby Superfund site, visit: