In 1999, the federal Environmental Protection Agency responded to concerns from residents, local government and the media regarding possible asbestos exposure from a vermiculite mine near Libby, Montana. The federal agency placed it on its Superfund list in 2002. Now, federal authorities are ready to hand over the cleanup to state authorities. However, more work is still needed.
History of Libby, Montana
Gold miners discovered the substance vermiculite in Libby, Montana in 1881. This material was used in building insulation and as a soil conditioner. The Zonolite Company was established and began a vermiculite mining operation in the 1920s seven miles from Libby. The mine is considered part of the longest-running, man-made environmental disaster in the nation’s history. W.R. Grace bought the mine in 1963 and continued to run it until 1990 when it was closed down.
Several employees at the mine developed lung conditions and several deaths were reported before W.R. Grace purchased the mine. As operations continued, more workers fell ill. However, W.R. Grace did not warn anyone of the dangers of continued exposure to the asbestos-contaminated and mining continued.
While in operation, the mine produced approximately 80% of the world’s vermiculite supply. However, the vermiculite was contaminated by tremolite asbestos. The EPA later determined that this contaminant was found in indoor and outdoor air, vermiculite insulation, indoor dust, soil, water, animal and fish tissue, bulk materials and other sources.
Mounds of rocks that contained asbestos were spread across the town. Children often played in areas with these risks, exposing them to asbestos. Residents of the town breathed in the deadly asbestos fibers that became airborne after asbestos was dislodged. They also breathed in toxic asbestos dust. Nearly all residents were subject to environmental exposure to asbestos.
Additionally, W.R. Grace distributed its leftover vermiculite that was used in various areas throughout Libby, Montana, including playgrounds, roads, backyards, gardens, baseball fields and other areas where children and residents frequently spent their time.
Citizens of Libby, Montana and workers at the mine were not the only ones affected by the contaminated vermiculite. Millions of tons of this product were shipped to plants across the United States and Canada, exposing workers at these facilities and the end consumers who used these products.
Asbestos Exposure in Libby, Montana
Estimates are that more than 80,000 people in Libby, Montana were exposed to asbestos. More than 400 people in the town have died from asbestos-related diseases, a statistically significant number for a small town. Thousands more have become sick and new cases are still reported to this day. Health officials predict that there will still be a steady stream of individuals who will continue to develop deadly diseases due to their exposure to asbestos in the town. It sometimes takes up to 50 years after exposure to asbestos for a person to be diagnosed with an asbestos-related disease.
In addition to mesothelioma, asbestosis and lung cancer that are commonly associated with asbestos exposure, health officials have found that exposure to the particular type of asbestos found in Libby, Montana can cause a different type of deadly disease.
800 residents of Libby Montana are screened each year at a nonprofit medical clinic in Libby. About 25% of them have been diagnosed with an asbestos-related health condition.
Cleanup Efforts
The EPA’s Removal Program began to investigate Libby, Montana in 1999. Cleanup efforts were slow to begin with as workers from the EPA identified sources of contamination and conducted a Superfund investigation. It spent the next two decades attempting to decontaminate the town, representing the longest-running asbestos cleanup project in the nation’s history.
Asbestos had to be removed from homes and businesses in Libby, along with addressing the issues related to the mine. The nearby town of Troy was also similarly affected. Natural resources were also contaminated.
The EPA declared a Public Health Emergency in the town, the first time it had ever taken this drastic action. This provided federal healthcare assistance for residents who suffered asbestos-related diseases.
W.R. Grace was ordered in 2008 to provide $250 million to cover cleanup costs for the future.
By November 2018, the EPA had cleaned up more than 2,600 properties in Libby and Troy. It had also investigated more than 7,600 properties within the Superfund site. It had removed more than a million cubic yards of asbestos-contaminated soil.
All cleanup has been completed at schools and parks, the former vermiculite processing plants and other public areas. Contaminated construction debris is taken to a landfill cell that is specifically designed for this purpose.
In 2014, the EPA conducted a rigorous scientific review of toxicity values. It completed a risk assessment in 2015. This assessment confirmed that indoor and outdoor cleanups have effectively managed risk from asbestos exposure. Current levels of asbestos in air samples are approximately 100,000 times lower than when the mine was still in operation.
More than $600 million in federal funds have been used to help clean up the town. There is still need for cleanup in the former mine and in forested areas in the town.
Change in Responsibility
After nearly 20 years of cleaning up the site, the federal EPA is handing the responsibility over to the Montana Department of Environmental Quality. It will be responsible for overseeing the Superfund site. The EPA has provided a guide to this agency to help maintain asbestos risk controls for homes, businesses and the ground. The state authorities will take over responsibility of the Superfund site in January 2020. The EPA will retain control of the cleanup of the former mine.
Current estimates are that the cleanup efforts will need to continue until the year 2030, but that depends on reported new instances of mesothelioma and other asbestos-related diseases.
State authorities will work closely with property owners as they will be responsible for handling future problems that might arise. The state has some of the responsibility while the Lincoln County Asbestos Resource Program will also be responsible for some of the responsibility. A database of properties that were not inspected as part of the cleanup efforts will need to be maintained and updated.
Officials report that they will work closely with property owners who are remodeling their residential or commercial properties that have asbestos in them to ensure that asbestos is properly handled and disposed of. Property owners must contact the county before excavating, landscaping or performing exterior or interior demolition.
Continued Review
The EPA will continue to review the cleanup efforts and compliance with the plan. Even though dramatic efforts have been made to cleanup asbestos in the town, some asbestos building materials remain in the walls of various properties and is underground.
Legal Help for People with Asbestos
Due to the rampant exposure caused by the mine and the town, thousands of residents in Libby and former workers at the W.R. Grace mine have filed lawsuits against the state based on failure to warn them of the dangerous levels of asbestos. In 2011, a $43 million settlement that had more than 1,300 named lawsuits was approved by a district court judge presiding over the case. In another case, more than 1,000 plaintiffs received a $25 million settlement based on similar legal claims. Despite the settlements, the state maintains that it was under no legal duty to warn residents of the dangers of the mine.
If you worked in a plant that received asbestos-contaminated vermiculite, you may be able to pursue your own legal claim for compensation for the medical expenses, lost income and pain and suffering you incurred as a result of exposure to these products. An experienced mesothelioma lawyer can discuss your rights and your legal options during a free, no-obligation consultation. Contact us today to schedule a confidential consultation with a knowledgeable mesothelioma lawyer.
