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Butte-Silver Bow holds proposed comment letter on EPA priority soils plan for one week after discussion with state reclamation officials
Summary
The council held a revised comment letter on EPA’s proposed plan for the Butte priority soils operable unit in committee of the whole; the motion to hold passed 9-2. State Reclamation staff urged commissioners to compare the proposed plan side-by-side with the draft letter; public commenters urged stricter cleanup standards.
Butte-Silver Bow — The Butte-Silver Bow Council of Commissioners voted 9-2 on Jan. 29 to hold in committee of the whole a revised county comment letter on the U.S. Environmental Protection Agency's proposed plan to amend the remedial action for the Butte priority soils operable unit (BPSOU). The council intends to consider adoption during next week's regular meeting so the county can submit comments before the federal deadline.
Eric Hassler of the Montana Department of Environmental Quality Reclamation Division urged commissioners to compare the proposed plan and the county letter side-by-side before voting. Hassler told the council that some communications mix areas, values and approaches and that a side-by-side review will help commissioners see the basis for the letter's recommendations.
Resident Evan Barrett urged a stronger, more assertive county comment and recommended specific changes, including using updated independent science when setting lead action levels, resisting reliance on documents produced by potentially responsible corporations, and expanding the cleanup area to include the entire Summit Valley and areas affected by historic aerial emissions. Barrett emphasized that the national standard is 100 mg/kg (he contrasted that with the 175 mg/kg action level discussed in EPA documents) and urged cleanup on a single-digit-year timeline rather than decades.
Hassler clarified technical points during discussion: he said a PRG (preliminary remediation goal) value is not itself an action level but is used in modeling to derive an action level. He explained that EPA had used a more stringent PRG of 100 in modeling for Butte because it treated the site as having multiple lead sources, which influenced the resulting action level (175 mg/kg in the proposal). Hassler said he is not a toxicologist but explained the agency modeling process to the council.
Commissioners expressed appreciation for Hassler's office for responding to public comments and for revising the draft letter to address some concerns. Commissioner Anderson moved to hold the communication in committee of the whole and to segregate it for a vote at next week's regular meeting; the motion carried 9-2. Commissioners stated the hold will allow additional review and possible further input prior to the Feb. 14 comment deadline.
The meeting record shows the council debated whether edits could be made at the committee meeting; staff said changes could be proposed and must be put in writing for the council to vote on revised language. The chair noted that if no changes are submitted while the item is held, the council may see the same draft next week.
Votes at a glance (actions taken at the Jan. 29 meetings): - Interim coroner appointment (communication 2020Five-five7): approved 11-0 (special meeting). - Place on file: communication 2024-5709 (Angie Mullikin — animal shelter donation/public hearing request): placed on file (motion recorded; not later rescinded). - Place on file: communication 2025-13 (contract with Montana Department of Health and Human Services for crisis diversion efforts): 11-0. - Place on file: communication 2025-14 (one-time funds to supplement family planning clinic): 11-0. - Place on file: communication 2025-15 (related health department budget amendment): 11-0. - Place on file: communication 2025-40 (appointment of David Geary as director of community enrichment): 11-0. - Hold in committee of the whole: communication 2025-18 (county comment to EPA on BPSOU proposed plan): 9-2; item to be revisited at next week's regular meeting for final adoption and submission before Feb. 14 deadline.
The chair and members encouraged residents to contact the Department of Reclamation staff with questions; Hassler said his office would assist and answer questions about the proposed plan. Commissioners reiterated the importance of having a written county position to submit by the EPA deadline and urged public engagement.
