Glencore facing state order for further CFAC investigation

The state of Montana has sent Glencore, the Swiss-based owner of the Columbia Falls Aluminum Co. smelter, a draft legal order detailing their obligations for the next phase of a possible Superfund-type cleanup at the closed plant.

The administrative order on consent for a remedial investigation was completed and sent out July 31. According to the cover letter, the Montana Department of Environmental Quality hopes to get Glencore’s initial reactions by Aug. 15 but expect specific comments by Sept. 1. The state’s goal is to finalize the consent order by Sept. 15.

Jenny Chambers, the division administrator for the Montana DEQ’s Remediation Division, said she and officials from the U.S. Environmental Protection Agency met with CFAC and Glencore representatives earlier in July.

Chambers said the company representatives appeared to be knowledgeable about environmental cleanup issues. She also said they brought up previous plant owner BP, which has acquired ARCO, but Chambers said the DEQ intends to work directly with the current owner about the cleanup.

Much of the 53-page draft order deals with legal issues, but it also includes three appendices that provide details on the scope of work required for a remedial investigation, risk assessment and feasibility study.

“We believe that providing this level of detail will allow us to come to a common understanding of whether the site can be addressed under state authorities, rather than federal authorities, fairly quickly,” Chambers said in her cover letter.

DEQ’s draft order cites recent sampling conducted by the EPA and the discovery of potentially hazardous materials in soil, sediment, groundwater and surface water at the plant site and cyanide contamination found in sediment in the Flathead River.

According to the draft order, Glencore must pay for sampling, testing, analysis and report writing and reimburse the state for any costs associated with the investigation. Failure to comply with the conditions of the draft order and meeting deadlines could result in penalties of $1,000 to as much as $10,000 per day. Glencore must also post a $5 million bond to ensure the remedial investigation work is completed.

The primary objective of a remedial investigation is to describe the extent of actual or potential releases of hazardous materials, to assess human health and ecological risks, develop site-specific cleanup levels, and evaluate alternative cleanup methods.

The remedial investigation is intended to build on existing data and fill in the gaps. It will include a complete history of operations, regulatory involvement and previous remedial actions; a description of natural features, including groundwater and surface water; and create a conceptual model identifying sources of hazardous materials and potential pathways.