A subsidiary of London-based oil giant BP agreed to finish its cleanup of a 300-square mile site in Montana that's contaminated with arsenic and other pollutants from decades of copper smelting, and to repay the U.S. government $48 million in response costs.
Under a legal decree filed Friday in U.S. District Court, the Atlantic Richfield Company committed to finishing cleanup work in residential yards in the towns of Anaconda and Opportunity. It also will clean up soils in the surrounding hills and address the remaining piles of contaminated waste at the site.
Arsenic and toxic metals spewed from a 585-foot-tall smokestack in Anaconda for nearly a century and the pollution settled into the ground for miles around. It’s the toxic legacy of southwestern Montana’s mining days, when copper ore processed in Anaconda was used to electrify the United States.
Opportunity resident and former smelter worker Serge Myers, 77, said any additional cleanup work done under Friday's agreement would be beneficial. But he remained disappointed the remediation plan being used won’t clean residential yards unless they contain more than 250 parts per million of arsenic — a level that Myers and other residents have said is arbitrary and still unsafe.
“There’s hot spots in some areas. Everybody knows that. I wish things had turned out differently where we really had more cleanup work than we had done,” said Myers, who worked at the smelter for 17 years.
The “Copper King” Marcus Daly and the Anaconda Copper Mining Co. began smelting copper ore from Butte in 1884. In 1977, ARCO purchased the Anaconda Co. and inherited vast lands polluted with arsenic, lead, copper, cadmium and zinc from ore-processing operations and stack emissions. Later, under the federal Superfund law, ARCO became retroactively liable for that contamination.
Three years after Atlantic Richfield shut down the Anaconda smelter in 1980, the U.S. Environmental Protection Agency designated it as a Superfund site because of the risk to human health and the environment. The major concern was high concentrations of arsenic in the soil and water, a contaminant that can cause cancer and a range of other diseases.
Myers and others worried about health problems from the pollution had long complained that the EPA had botched the cleanup. A tentative deal to finish the work was first announced more than four years ago.
In 2020, the U.S. Supreme Court blocked an effort by homeowners near the smelter to do cleanup work without permission from the EPA. The homeowners wanted to force Atlantic Richfield to pay for the removal of more arsenic-tainted soil beyond what the EPA had ordered.
Atlantic Richfield previously said it had spent $470 million to clean the site under multiple federal orders. The remaining work is estimated to cost $83.1 million.
Montana U.S. Attorney Jesse Laslovich, who was born in Anaconda, said the towering smokestack at the site remains a symbol both of the hard work that built the community and contamination that lingered too long.
“Our water will be cleaner, our soils will be purer, our slag will be covered, and our future will be brighter because of this historic agreement,” Laslovich said in a statement.
The smokestack is now a state park that nobody can visit because of the pollution.
In 2021, Atlantic Richfield quietly settled a civil lawsuit filed in 2008 by 98 people in Opportunity and the community of Crackerville. They wanted restoration damages to pay for a more thorough cleanup than what was planned by ARCO under the federal Superfund law. Details of that agreement were not disclosed.
Friday's agreement must be approved by a federal judge and also is subject to a 30-day public comment period. It was signed by representatives of Atlantic Richfield, the EPA, the U.S. Justice Department and Montana Gov. Greg Gianforte.
John Davis, a lawyer who has represented ARCO, did not immediately respond to a request for comment about the agreement, nor did representatives of BP.
The following was sent out by the Montana Department of Justice:
The Atlantic Richfield Company (AR) has agreed to complete its cleanup of the Anaconda Smelter Superfund Site (Site) in Deer Lodge County, Montana, the Department of Justice and the Environmental Protection Agency announced today. The state of Montana, on behalf of the Department of Environmental Quality, is also a signatory to the consent decree that was lodged today in the U.S. District Court in Butte, Montana.
Decades of copper smelting activity at the town of Anaconda polluted the soils in yards, commercial and industrial areas, pastures and open spaces throughout the 300-square-mile Anaconda Site. This pollution has in turn contributed to the contamination of creeks and other surface waters at the Site, as well as of alluvial and bedrock ground water. The closure of smelting operations in 1980 left large volumes of smelter slag, flue dust and hazardous rock tailings that have had to be secured through a variety of remediation methods.
Under the settlement, AR — a subsidiary of British Petroleum — will complete numerous remedial activities that it has undertaken at the Anaconda Site pursuant to EPA administrative orders since the 1990s. Among other actions, AR will finish remediating residential yards in the towns of Anaconda and Opportunity, clean up soils in upland areas above Anaconda and eventually effect the closure of remaining slag piles at the Site. The estimated cost of the remaining Site work, including operation and maintenance activities intended to protect remediated lands over the long term, is $83.1 million. AR will pay $48 million to reimburse the EPA Superfund Program for EPA and Department of Justice response costs, and will pay approximately $185,000 to the U.S. Forest Service for oversight of future remedial activities on Forest Service-administered lands at the Site.
“We are pleased that Atlantic Richfield has agreed to finalize its long-term cleanup of the Anaconda Site,” said Assistant Attorney General Todd Kim of Justice Department’s Environment and Natural Resources Division. “Today’s consent decree follows other important settlements with Atlantic Richfield over the past two decades that have substantially improved the environment and restored valuable natural resources in the Upper Clark Fork basin. This settlement is also the product of a successful federal-state partnership to secure cleanup of a major hazardous waste site.”
“I was born in Anaconda the same year the smelter closed and while I never saw smoke coming out of the Smokestack that still stands over Anaconda, I know what it represents,” said U.S. Attorney Jesse Laslovich for the District of Montana. “It is a symbol representing the hard work of many Anacondans, including members of my family, that built our town. But it’s also a symbol of a Superfund site that has existed for far too long. If the Smokestack represents our past, this consent decree represents our future. Many people, some who are no longer with us, worked diligently to get us to this point and I’m grateful beyond words for all of their work. Our water will be cleaner, our soils will be purer, our slag will be covered, and our future will be brighter because of this historic agreement.”
“This settlement highlights the Agency’s vigorous enforcement to ensure the complete cleanup of the Anaconda Smelter Superfund site,” said EPA Acting Assistant Administrator for Enforcement and Compliance Assurance Larry Starfield. “The work performed under this settlement will further protect the environment and the health of the people who live, work, and play in this community.”
“I am very pleased to announce the release of the proposed 2022 Sitewide consent decree for the Anaconda Smelter NPL Site,” said EPA Regional Administrator KC Becker. “Over the last several decades, EPA and MDEQ have made great strides in ensuring the cleanup of open space, residential areas, creeks and groundwater by Atlantic Richfield throughout Anaconda-Deer Lodge County. This cleanup of contaminated soils that impact surface waters and remediation of the largest slag piles at Anaconda builds on that progress.”
“This is an important milestone for the people of Anaconda and Montana. A lot of great cleanup work has already been done, and this consent decree will ensure that remaining remediation needs are funded and completed,” said Amy Steinmetz, Montana Department of Environmental Quality Waste Management and Remediation Division administrator.
The consent decree filed today in U.S. District Court in Butte, Mont., is subject to a 30-day public comment period and approval by the federal court. A copy of the consent decree is available on the Department of Justice Web site at: https://www.justice.gov/enrd/consent-decrees.
Under Montana state law, the Department of Environmental Quality is separately required to put the Consent Decree out for public comment. The state’s public comment period will run concurrently with the federal public comment period. The consent decree will be available on DEQ’s website at: https://deq.mt.gov/News/publiccomment-folder/Anaconda-CD-9-22.
The consent decree and other information related to the Anaconda Site are available on EPA’s Site page at: www.epa.gov/superfund/anaconda-co-smelter.