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									BPSOU Responsiveness Summary Comment Index
General Information:

    The "Index" tab contains an index of the individual comments submitted on the Butte Priority Soils Proposed Plan.
      Each submittal was assigned a number. Within each submittal, individual comments were identified and numbered.
            For example, submittal #101 was a letter from Joan Lynch and ten different comments were identified.
      These were assigned numbers from 101.1 through 101.10.
      The comments were identified on the letter itself (bracketing, underlining, etc.) and then each letter was scanned electronically
      A pdf file was made of each letter and assigned a filename according to their assigned number.
      These pdf files will accompany this comment index in the ROD.

       Identifying information was recorded (name, residence, sector, affilation, etc.), as well as the first sentence of the comment letter
       Each comment was then categorized by topics. The topics were given three tiers to describe the comment.
       Finally, a brief description of the comment was included in the spreadsheet
       Obviously, comments could have been categorized a number of different ways. But, they are all responded to in the responsiveness summary.

    The "Comment Card Index" tab contains a list of the pre-made comment cards created by different citizens groups
      There were four different kinds of cards, each with a slightly different set of comments
      The comment card index does not categorize comments by topics, it is intended to just provide a count
      If substantive additional comments were included on the comment card by the person who submitted it, these were added as a separate comment
          in the "Index" list and categorized accordingly.
BPSOU Responsiveness Summary Comment Index

Document                                                                                                                        Location/                                           Technical/
 ID No.     Date      Type                            Title/Opening Sentence                       Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                     Tier III Topic                               Brief Comment Description


                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                                                            Preferred Alternative does not have support of public, DEQ, or
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.1          Non-Technical       Issues                      Evaluation of NCP Criteria   Specific Comment                       NRDP
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.2          Non-Technical       Issues                      Evaluation of NCP Criteria   State Acceptance                       EPA is rejecting the state of Montana's position.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.3          Non-Technical       Issues                      Public involvement           EPA limits public comment              EPA has been impervious to public comment.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                                                            Public Input should influence decision making process and should
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.4          Non-Technical       Issues                      Evaluation of NCP Criteria   Community Acceptance                   be considered evenly on all alternatives.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.5          Non-Technical       Issues                      Redevelopment                Land Use                               Proposed Plan does not consider future land use
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.6          Non-Technical       Issues                      Evaluation of NCP Criteria   State Acceptance                       EPA did not recognize State's opposition to preferred alternative
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Solid Media/Waste Left in
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.7          Non-Technical       Place                       Reclamation                  Reclamation specifications             No innovative technologies considered for solid media
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.8          Non-Technical       Issues                      Evaluation of NCP Criteria   Community Acceptance                   EPA speculates on community acceptance of preferred alternative
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                     Reduction of Toxicity, Mobility and    Preferred Alternative does not recognize the NCP preference for
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte       1.9          Non-Technical       Site-Wide                   Evaluation of NCP Criteria   Volume                                 treatment and removal of waste.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Solid Media/Waste Left in
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.10          Non-Technical       Place                       Reclamation                  Reclamation specifications             No innovative technologies considered for solid media
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                     Reduction of Toxicity, Mobility and
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.11          Non-Technical       Site-Wide                   Evaluation of NCP Criteria   Volume                                 Remedy does not reduce toxicity, mobility or volume of waste

                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Cost for removal of Parrott tailings, a pro-active indoor dust
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            program, and removal of contaminant source areas is not grossly
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.12          Non-Technical       Site-Wide                   Evaluation of NCP Criteria   Evaluation/Weighing of Cost            excessive yet EPA eliminated these alternatives based on cost.
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            EPA fails to assess which components of the preferred alternative
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                                                            persons within the community support, have reservations about,
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.13          Non-Technical       Issues                      Evaluation of NCP Criteria   Community Acceptance                   or oppose.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                                                            EPA proceeded with preferred alternative without concurrence of
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.14          Non-Technical       Issues                      Evaluation of NCP Criteria   State Acceptance                       the State of Montana
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.15              Legal           Issues                      Evaluation of NCP Criteria   Compliance with ARARs                  EPA has ignored specific ARARs.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.16          Non-Technical       Issues                      Evaluation of NCP Criteria   Community Acceptance                   EPA has ignored public comment.
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Justification is not provided for why the preferred alternative
                                         proper EPA procedures and processes in developing                                                                                                                                                                     Reduction of Toxicity, Mobility and    deviates from the NCP preference for treat or removal over waste
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.17          Non-Technical       Site-wide                   Evaluation of NCP Criteria   Volume                                 left-in-place
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                     Reduction of Toxicity, Mobility and
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.18          Non-Technical       Site-wide                   Evaluation of NCP Criteria   Volume                                 Remedy does not treat waste. Toxic waste will be left in place.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                     Long-Term Effectiveness and            The EPA preferred alternative does not provide for a permanent
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.19          Non-Technical       Site-Wide                   Evaluation of NCP Criteria   Permanence                             remedy.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                     Long-Term Effectiveness and            EPA's preferred alternative relies on passive remedies such as
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.20          Non-Technical       Issues                      Evaluation of NCP Criteria   Permanence                             caps over waste-in-place and institutional controls.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            Mis-use of cost criteria with respect to preferred remedy for
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.21          Non-Technical       Parrott Tailings/MSD        Evaluation of NCP Criteria   Evaluation/Weighing of Cost            alluvial aquifer
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                     Long-Term Effectiveness and            The EPA preferred alternative relies on institutional controls and
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.22          Non-Technical       Issues                      Evaluation of NCP Criteria   Permanence                             containment rather than removal and treatment of wastes.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                                                            EPA mis-used the term cost effectiveness in evaluating potential
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.23          Non-Technical       Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost            remedial alternatives.
                                                                                                                                                                                                                                                                                                      In 1986, EPA identified PSOU as site because people were living
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            among sources of toxic mine waste but now the preferred
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            alternative does not speak to the level of toxicity in the remaining
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.24          Non-Technical       General Comment             Proposed Plan                Inconsistencies in the Proposed Plan   waste.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                                                            EPA pre-supposed the waste-left-in place remedy and did not
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.25          Non-Technical       Issues                      Evaluation of NCP Criteria   Community Acceptance                   appropriately considered.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                     Protectiveness of human health and     Leaving toxic mine wastes in-place is not protective of human
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.26          Non-Technical       Site-Wide                   Waste left in place          the environment                        health and the environment
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            EPA offers no proof the absence of a complete pathway for
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.27a         Non-Technical       Residential Metals          Attic and/or Interior Dust   Pathways                               exposure to arsenic and metals in attic dust
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            EPA neglects to consider that remodeling, storage, weathering,
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.27b         Non-Technical       Residential Metals          Attic and/or Interior Dust   Pathways                               renovation, etc., can lead to exposure to toxic attic dust.



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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                        Location/                                           Technical/
 ID No.     Date      Type                            Title/Opening Sentence                       Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                Tier II Topic                     Tier III Topic                                Brief Comment Description
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            The pathways argument is at variance with the Superfund
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            mandate that threats be cleaned up using treatment and/or
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.27c         Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               removal as a primary method.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            Large areas of people's homes will be perpetually off-limits,
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.27d         Non-Technical       Residential Metals         Attic and/or Interior Dust    Environmental Justice                  particularly for lower income residents.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            Large areas of the butte Hill will be permanently removed from
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.27e         Non-Technical       Site-Wide                  Redevelopment                 Land Use                               reuse and redevelopment.
                                                                                                                                                                                                                                                                                                      In 1986, EPA identified PSOU as site because people were living
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            among sources of toxic mine waste but now the preferred
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            alternative does not speak to the level of toxicity in the remaining
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.28a         Non-Technical       General Comment            Proposed Plan                 Inconsistencies in the Proposed Plan   waste.


                                                                                                                                                                                                                                                                                                      Flawed Risk Assessment does not accurately portray actual
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            health risks. Imagine Butte Health Study is ignored by EPA.
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            National health studies indicate that Butte has a higher incidence
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.28b         Non-Technical       Site-Wide                  Human Health Risk             Risk assessment flawed                 of illness related to heavy metal exposure.

                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Proposed Plan Indicates that ingestion of soils and dust is a
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            primary exposure pathway yet, in other parts of the proposed plan
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.29          Non-Technical       General Comment            Proposed Plan                 Inconsistencies in the Proposed Plan   (e.g., attic dust) maintain that there are no exposure pathways.
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            If arsenic in soils, indoor dust, and surface water have been
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            determined to pose a human health risk, why is EPA not cleaning
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.30          Non-Technical       General Comment            Proposed Plan                 Inconsistencies in the Proposed Plan   up contaminated soils and indoor dust?


                                                                                                                                                                                                                                                                                                      The Walkerville Attic survey determined that few residents use
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            attic space for living space and the argument is made then that
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            there is no exposure pathway. EPA is using a convoluted
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.31          Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               argument to support a passive approach to indoor contamination.
                                                                                                                                                                                                                                                                                                      Contrary to Superfund Law, Wastes will be left in place
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            unaddressed, untreated and unremediated. The use of caps and
                                         proper EPA procedures and processes in developing                                                                                                                                                                     Long-Term Effectiveness and            institutional controls have workability problems and are not
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.32          Non-Technical                                 Evaluation of NCP Criteria
                                                                                                                                                                                                      Superfund Procedural Issues                              Permanence                             permanent.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            Remedial objectives would be best met through removal and not
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.33          Non-Technical       Site-Wide                  Extent of Removal             For Removal                            leaving waste-in-place.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            The preferred remedy relies to heavily on institutional controls
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.34          Non-Technical       Site-Wide                  Institutional controls        Minimize IC's                          rather than removal.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                            Superfund Procedural                                                                            Specific comment: The discussion of the Criteria on page 35 of
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.35          Non-Technical       Issues                     Evaluation of NCP Criteria    Specific Comment                       the proposed plan is not accurate and is at variance with the law.
                                                                                                                                                                                                                                                                                                      Rather than utilize the multi-pathway approach to address
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            residential contamination, it would be more congruent with
                                         proper EPA procedures and processes in developing                                                                                                                                       Soils and/or Interior/Attic                                          Superfund law to simply identify areas contaminated with arsenic
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36a         Non-Technical       Residential Metals         Dust                          For Removal                            and remediate them
                                                                                                                                                                                                                                                                                                      The remedy for attic dust relies on renters or owners to initiate
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            cleanup. The approach relies on renters or owners being able to
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            predict use of their attics, putting the responsibilities for cleanup
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36b         Non-Technical       Residential Metals         Attic and/or Interior Dust    Environmental Justice                  on property owners.


                                                                                                                                                                                                                                                                                                      Contention that attic dust contamination in Butte homes does not
                                                                                                                                                                                                                                                                                                      pose a health risk because there is no pathway is speculative. If
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            dust gets in, it can get out. Pathway can be created or enhanced
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            through home remodeling, attic storage, weatherization, ceiling
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36c         Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               deterioration, fire, subsidence and cracking, cleaning.
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Absence of pathway rests on premise that remedy will keep
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            people from contamination rather than removing contamination
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36d         Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               from contact with people.

                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Pathway argument directly contradicts the Superfund requirement
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            for permanent solutions in human behavior patterns, residential
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36e         Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               use patterns, and general land use patterns change over time.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            There exists no law, rules, or regulations prohibiting a home owner
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36f         Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               or renter from using or disturbing their attic space.

                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Pathway argument is contrary to the principles of environmental
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            justice in that this approach means that low-income citizens will
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36g         Non-Technical       Residential Metals         Attic and/or Interior Dust    Environmental Justice                  continue to bear a disproportionate toxic burden.
                                                                                                                                                                                                                                                                                                      Pathway argument is contrary to the principles of Superfund
                                                                                                                                                                                                                                                                                                      Redevelopment Initiative and the Superfund Land Revitalization
                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Action Agenda in that it limits or precludes future productive land
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            uses and redevelopment of sites contaminated with toxic attic
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36h         Non-Technical       Residential Metals         Attic and/or Interior Dust    Economic Effects                       dust.

                                         Complaint alleging that MT EPA did not follow the                                                                                                                                                                                                            Pathway argument is contrary to the Principles of Pollution
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            Prevention and the Precautionary Principle, which are embraced
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36i         Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               by EPA policy, rules and regulations, and Montana State Law.
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            EPA removal actions in Libby, MT set precedent for residential
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36j         Non-Technical       Residential Metals         Attic and/or Interior Dust    Libby Precedent                        removal
                                         Complaint alleging that MT EPA did not follow the
                                         proper EPA procedures and processes in developing                                                                                                                                                                                                            Attics are not airtight and people go in attics for many reasons.
   1       9-Jan-05   email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36k         Non-Technical       Residential Metals         Attic and/or Interior Dust    Pathways                               The absence of an exposure pathway is faulty.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                         Location/                                           Technical/
 ID No.      Date      Type                             Title/Opening Sentence                      Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                     Tier II Topic                 Tier III Topic                               Brief Comment Description
                                          Complaint alleging that MT EPA did not follow the
                                          proper EPA procedures and processes in developing                                                                                                                                                                                                            The pathways argument rests on faulty premise of controlling
   1       9-Jan-05    email attachment   the proposed plan                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      1.36l         Non-Technical       Residential Metals          Attic and/or Interior Dust   Pathways                               human behavior rather than removing toxics.
                                                                                                                                                                                                                                                                                                       Dust that enters a building does not only enter the attic, it likely
                                                                                                                                                                                                                                                                                                       permeates the walls, floor, basement and living space as well.
                                                                                                                                                                                                                                                                                                       Even if you could keep people out of their attics, they would still be
   2       10-Jan-05   email letter       Assessment of Sticking Points in EPA Plan           Corbett           Robert        Butte, MT        Resident - Butte       2.1          Non-Technical       Residential Metals          Attic and/or Interior Dust   Pathways                               exposed to contaminated dust.

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                      Protectiveness of human health and     It fails to protect in an adequate manner human health and the
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.1           Non-technical      Site-Wide                   Waste left in place          the environment                        environment by leaving waste in place

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.2              Legal                                     Evaluation of NCP Criteria
                                                                                                                                                                                                       Superfund Procedural Issues                              Compliance with ARARs                  It fails to meet unwaived ARARs

                                          Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                              It fails to provide a permanent, long term effective cleanup…
                                          comments/documents/position papers are submitted                                                                                                                                                                      Long-Term Effectiveness and            because it relies on caps and ICs, it fails the long-term
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.3           Non-technical      Site-Wide                   Evaluation of NCP Criteria   Permanence                             effectiveness and permanence criterion

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                      Reduction of Toxicity, Mobility and    It fails to reduce the toxicity, mobility, and volume of contaminants,
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.4           Non-technical      Site-Wide                   Evaluation of NCP Criteria   Volume                                 it uses no innovative technologies, it uses no treatment

                                          Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                              It incorrectly applies the Superfund cost criteria… too much
                                          comments/documents/position papers are submitted                                                                                                             Superfund Procedural                                                                            weight to cost and too little to protecting human health and the
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.5           Non-technical      Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost            environment

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.6           Non-technical      Site-Wide                   General Comment              Commenter Opposes                      It provides an unworkable solution to the contaminant problem


                                                                                                                                                                                                                                                                                                       It fails to consider… public comments… EPA's own Citizens
                                          Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                              Working Group, MT Tech meeting in Dec 2003. Process of
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             considering public input was not conducted according to EPA
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.7           Non-technical                                Evaluation of NCP Criteria
                                                                                                                                                                                                       Superfund Procedural Issues                              Community Acceptance                   polices, procedures, acts, and guidance

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             It fails to give proper consideration to the positions of the DEQ and
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.8           Non-technical                                Evaluation of NCP Criteria
                                                                                                                                                                                                       Superfund Procedural Issues                              State Acceptance                       the NRDP regarding the Parrott Tailings

                                          Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                              it fails to consider issues related to future land uses and
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             revitalization per the Redevelopment initiative, Land Reuse
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte       3.9           Non-technical                                Redevelopment
                                                                                                                                                                                                       Superfund Procedural Issues                              Land Use                               Initiative, and Land Use Action Agenda

                                          Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                              Fails to provide consideration so issues related to environmental
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             justice… increase the toxics burden borne by low-income
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.10           Non-technical      Site-Wide                   Human Health Risk            Environmental Justice                  residents

                                          Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                              Fails to address the superfund liability issue because the liability
                                          comments/documents/position papers are submitted                                                                                                             Solid Media/Waste Left in                                                                       associated with waste in place will preclude future economic
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.11           Non-technical      Place                       Liability                    Economic Effects                       revitalization

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.12           Non-technical      Site-Wide                   Human Health Risk            Risk assessment flawed                 Relies too heavily on a flawed health risk assessment

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             Fails to address the issue of contaminated indoor/attic dust, rest
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.13           Non-technical      Residential Metals          Attic and/or Interior Dust   Pathways                               on a specious "Pathways of Exposure" Approach

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             Fails to apply the Pollution Prevention and the Precautionary
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.14          Non-technical       Site-Wide                   Extent of Removal            For Removal                            Principle - mandates removing contamination

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.15              Legal                                     Evaluation of NCP Criteria
                                                                                                                                                                                                       Superfund Procedural Issues                              Compliance with ARARs                  It is at variance with Montana State Law

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             Fails to reevaluate previous emergency response actions against
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.16           Non-technical                                RASD
                                                                                                                                                                                                       Superfund Procedural Issues                              Past Response Action Sites             the 9 NCP Criteria (RASD was not an adequate evaluation)

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                         Long-term Operations and                                            Relies too heavily on local government to implement the proposed
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.17           Non-technical      Site-Wide                   Maintenance                  BSB responsible for program or O&M     plan

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.18           Non-technical      Site-Wide                   General Comment              Commenter Opposes                      it is based on faulty, unproved assumptions

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                                                             Contains contradictory positions, assertions, and
   3a      4-Jan-05    letter             as official public comment on the proposed plan… Ray                  Dr. John W.   Butte, MT        Resident - Butte      3.19           Non-technical      General Comment             Proposed Plan                Inconsistencies in the Proposed Plan   recommendations




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                              Location/                                           Technical/
 ID No.     Date      Type                    Title/Opening Sentence                     Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                      Tier III Topic                               Brief Comment Description


                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            Specific Comment: Lack of State Concurrence - Greater weight
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           should have been given to MDEQ's position regarding the Parrott
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.20           Non-technical                                Evaluation of NCP Criteria
                                                                                                                                                                                            Superfund Procedural Issues                               State Acceptance                       Tailings

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            Specific Comment: Previous Response Actions: The reevaluation
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           of previous response actions was nothing more than a rewording
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.21           Non-technical                                RASD
                                                                                                                                                                                            Superfund Procedural Issues                               Past Response Action Sites             and wordsmithing of the Draft RASD

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           Specific Comment: Pathways Argument - No regulatory basis for
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.22           Non-technical      Residential Metals          Attic and/or Interior Dust    Pathways                               using the pathways of exposure argument as used by EPA
                                                                                                                                                                                                                                                                                             Specific Comment: Operation and Maintenance - The document
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            states, "…if materials are removed, there will require less O&M…
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           there will be no need for future programs to address contaminated
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.23           Non-technical      General Comment             Proposed Plan                 Inconsistencies in the Proposed Plan   solid media."

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            Specific Comment: Volume of Material Removed - the PP ignores
                                  comments/documents/position papers are submitted                                                                                                                                                                    Reduction of Toxicity, Mobility and    the mandate for treatment and removal by leaving waste in place
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.24           Non-technical      Site-Wide                   Evaluation of NCP Criteria    Volume                                 and relying on caps and institutional controls


                                                                                                                                                                                                                                                                                             Specific Comment: Evaluation of alternatives - the numerical
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            ranking used in this area is totally arbitrary and capricious - the
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           numerical ranking gives the appearance of scientific certainty in a
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.25           Non-technical      Site-Wide                   Evaluation of NCP Criteria    Specific Comment                       misplaced and deceptive manner

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           Specific Comment: Community Acceptance - The document
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.26           Non-technical                                Evaluation of NCP Criteria
                                                                                                                                                                                            Superfund Procedural Issues                               Community Acceptance                   ignores the input received from EPA Citizens group
                                                                                                                                                                                                                                                                                             Specific Comment - Solid Media Components - The ROD should
                                                                                                                                                                                                                                                                                             call for a comprehensive sampling of all residential areas and
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            cleanup of yards and indoor dust that exceed the action levels…
                                  comments/documents/position papers are submitted                                                                                                                                      Soils and/or Interior/Attic                                          should not depend on residents indicating plans to use the attic for
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.27           Non-technical      Residential Metals          Dust                          For Removal                            extended time periods


                                                                                                                                                                                                                                                                                             Specific Comment: Residential Areas: The ROD should stipulate
                                                                                                                                                                                                                                                                                             clearly and unambiguously that all residential properties should be
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            sampled and yards and indoor dusts above action levels should be
                                  comments/documents/position papers are submitted                                                                                                                                      Soils and/or Interior/Attic                                          remediated - the impetus for initiation of this process should not
   3b      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.28           Non-technical      Residential Metals          Dust                          For Removal                            be with the resident but with the agency
                                                                                                                                                                                                                                                                                             Leaving large amounts of waste in place will not effectively protect
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            human health, caps are not capable of sustaining woody
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                                                        vegetation, and require unrealistic IC's, covenants, and costly
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.29          Non-technical       Place                       Reclamation                   Reclamation specifications             repairs, forever
                                                                                                                                                                                                                                                                                             The citizen advisory group seek a reduction of toxics and a
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            minimum use of IC's and restrictive covenants, the remedy should
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           favor permanence over perpetual maintenance to the extent
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.30          Non-technical       Site-Wide                   Institutional controls        Minimize IC's                          possible

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                    Reduction of Toxicity, Mobility and    Emphasis should be placed on the removal and treatment of
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.31          Non-technical       Site-Wide                   Evaluation of NCP Criteria    Volume                                 waste…

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            Apply a proactive, preventative, comprehensive approach to
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           eliminate the source of contamination identified as contributing to
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.32          Non-technical       Site-Wide                   Human Health Risk             Protectiveness of human health         chronic and acute health problems

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           Removal of the Parrott Tailings and removal of mine wastes, mill
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.33          Non-technical       Parrott Tailings/MSD        Extent of Removal             For Removal                            tailings, and smelter slags from the MSD channel

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            A significant quantity of material was left behind at LAO and is not
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           covered by infrastructure or the slag walls and should be removed
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.34          Non-technical       Lower Area One              Extent of Removal             Removal of Accessible Wastes           to the maximum extent

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            Unreclaimed sites with contaminated soils should be cleaned up -
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                                                        remove large volumes of waste rock for development and
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.35          Non-technical       Place                       Reclamation                   Reclamation needed                     revegetation

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                            The original HH Risk Assessment is insufficient and remedy
                                  comments/documents/position papers are submitted                                                                                                                                      Soils and/or Interior/Attic                                          selection cannot be based on a fatally flawed human health risk
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.36          Non-technical       Residential Metals          Dust                          Risk assessment flawed                 assessment

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                           Calls for full implementation of the Superfund Redevelopment
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.37          Non-technical       Site-Wide                   Redevelopment                 Economic Effects                       Initiative and Superfund Land Revitalization Agenda

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                             Cost as secondary to protecting human health and the
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.38          Non-technical       Issues                      Evaluation of NCP Criteria    Evaluation/Weighing of Cost            environment

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                    EPA did not account for Environmental
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.39          Non-technical       Site-Wide                   Environmental Justice         Justice                               Promote environmental justice in the final remedy




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                              Location/                                           Technical/
 ID No.     Date      Type                    Title/Opening Sentence                     Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                                Brief Comment Description


                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                           Silver Bow Creek should be reconstructed along the historical
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          Silver Bow Creek Channel into a quality creek suitable for
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.40          Non-technical       Parrott Tailings/MSD        Extent of Removal            For Removal                            recreation and other human uses

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          Treatment and removal of contaminants rather than in place
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.41          Non-technical       Site-Wide                   Extent of Removal            For Removal                            capping and fencing should be the remedy of choice

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.42          Non-technical       Site-Wide                   Institutional controls       Minimize IC's                          Minimum use of institutional controls

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                           All sources of contamination in Priority soils should be addressed,
                                  comments/documents/position papers are submitted                                                                                                                                      Multipathway Lead                                                   including attic dust, and the multipathway approach should be
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.43          Non-technical       Residential Metals          Abatement Program            Supports Lead Program                  continued

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                           Previously conducted time critical response actions and
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                            emergency response actions should be reevaluated against the 9
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.44          Non-technical       Issues                      RASD                         Past Response Action Sites             superfund criteria

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          Remedy should emphasize productive future land use per the
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.45          Non-technical       Site-Wide                   Redevelopment                Land Use                               mandate of the superfund redevelopment initiative

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          NRDP, EPA, MDEQ, BSB should pursue joint planning for
   3c      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.46          Non-technical       Parrott Tailings/MSD        Aquifer Restoration/Cleanup Agency Coordination                     remediation and restoration of the creek

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          We should not wait for direct causal evidence of specific health
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.47          Non-technical       Site-Wide                   Human Health Risk            Protectiveness of human health         harms before we engage in an aggressive cleanup of the site

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          Superfund Law and the law of the state of MT mandate the
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.48           Non-technical      Site-Wide                   Extent of Removal            For Removal                            precautionary principle and pollution prevention

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          The Pollution Prevention Principle/Standard warrants remediating
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.49          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed           attic dust

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                                                       The Pollution Prevention Principle/Standard warrants removing
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.50          Non-technical       Place                       Extent of Removal            For Removal                            waste-in-place as part of the priority soils remedy.
                                                                                                                                                                                                                                                                                           Environmental Justice cannot be achieved at Priority Soils unless
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                          the Precautionary Principle is applied as part of the remedy and
                                  comments/documents/position papers are submitted                                                                                                                                                                   EPA did not account for Environmental unless the principle of pollution prevention is applied to the
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.51          Non-technical       Site-Wide                   Environmental Justice        Justice                               remedy.

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          The pollution prevention standard and the precautionary principle
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.52              Legal           Site-Wide                   Evaluation of NCP Criteria   Compliance with ARARs                  are ARARs based on the MT Supreme Court decision

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          These forgotten/neglected/ignored ARARs need to be considered
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.53              Legal           Site-Wide                   Evaluation of NCP Criteria   Compliance with ARARs                  in the RI/FS remedy selection process
                                                                                                                                                                                                                                                                                            Health risk assessment is a subjective, arbitrary, and
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                           discretionary political process, rather than an objective and
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          scientific activity. As such it cannot guarantee that the public
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.54          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                 health will be protected

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          A health risk assessment does not exclude the bias and prejudice
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.55          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                 of those doing the study.

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          A risk assessment does not guarantee that significant reduction of
   3d      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.56          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                 pollution will occur in the environment.

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                   Protectiveness of human health and     Reliance on capping will not remove these threats and is not
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.57          Non-technical       Site-Wide                   Waste left in place          the environment                        adequately protective of human health and the environment

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                           Reliance on institutional controls will not removed these threats
                                  comments/documents/position papers are submitted                                                                                                                                                                                                          and is not adequately protective of human health and the
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.58          Non-technical       Site-Wide                   Institutional controls       Implementability and Effectiveness     environment

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                           Reliance on lime abatement will not remove these threats, is not
                                  comments/documents/position papers are submitted                                                                                                                                                                   Protectiveness of human health and     protective of HH and the environment, and will create its own
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.59          Non-technical       Groundwater                 Capture and Treatment        the environment                        problems

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                  Protectiveness of human health and      In-situ treatment will not remove these threats and is not
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.60          Non-technical       Site-Wide                   Development of Alternatives the environment                         protective of HH and the environment




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                              Location/                                           Technical/
 ID No.     Date      Type                    Title/Opening Sentence                     Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                     Tier III Topic                              Brief Comment Description


                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                           The RI/FS is inadequate in its consideration of treatment
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.61          Non-technical       Issues                      Development of Alternatives No Innovative Technology               technologies for BPSOU contaminants

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                           The RI/FS process needs to give greater attention to the
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.62          Non-technical       Issues                      Redevelopment                Specific Comment                      provisions of the Superfund Redevelopment Initiative

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                Reduction of Toxicity, Mobility and   Caps do nothing to reduce the toxicity and mobility of
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.63          Non-technical       Place                       Reclamation                  Volume                                contaminants

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                Protectiveness of human health and
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.64          Non-technical       Place                       Reclamation                  the environment                       Caps do nothing to clean up a site

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                Long-Term Effectiveness and
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.65          Non-technical       Place                       Reclamation                  Permanence                            Caps would not provide a permanent remedy

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                Reduction of Toxicity, Mobility and   Caps violate the superfund mandate for treatment over
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.66          Non-technical       Place                       Reclamation                  Volume                                containment

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.67          Non-technical       Site-Wide                   Institutional controls       Implementability and Effectiveness    There is a tendency not to implement IC's as time passes

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         The effectiveness of IC's usually depends on the ability, personnel
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.68          Non-technical       Site-Wide                   Institutional controls       Implementability and Effectiveness    and resources of the local government to implement

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         The frequency of the 5-year review process may be insufficient to
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.69          Non-technical       Site-Wide                   Institutional controls       Implementability and Effectiveness    detect the failure of IC's

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.70          Non-technical       Site-Wide                   Institutional controls       Implementability and Effectiveness    Education and IC's - educational programs fail to materialize

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                          Substantial indirect costs associated with IC's due to limitations on
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         how a site may be used and it does not mesh with EPA's
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.71          Non-technical       Site-Wide                   Institutional controls       IC's hamper redevelopment             redevelopment initiative

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         Concern about lack of a long term IC plan (institutional memory
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.72          Non-technical       Site-Wide                   Institutional controls       Implementability and Effectiveness    loss)

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         Should weigh true costs of long term IC's and O&M against cost
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.73          Non-technical       Site-Wide                   Cost of Removal              Evaluation/Weighing of Cost           options that would remove the contaminants completely

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted
   3e      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.74          Non-technical       Site-Wide                   Institutional controls       Implementability and Effectiveness    Legal, social, and political pressures limit the effectiveness of IC's

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         The pollution prevention principle/precautionary principle warrants
   3f      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.75          Non-technical       Parrott Tailings/MSD        Extent of Removal            For Removal                           total removal of the Parrott Tailings

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         The pollution prevention principle/precautionary principle are
   3f      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.76              Legal           Parrott Tailings/MSD        Evaluation of NCP Criteria   Compliance with ARARs                 ARARs for the Parrott Tailings

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                                                                                                                         Low income citizens would bear a disproportionate toxic burden
   3h      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.77          Non-technical       Residential Metals          Attic and/or Interior Dust   Environmental Justice                 contrary to environmental justice

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                Protectiveness of human health and    Extensive use of caps would not be protective of human health
   3i      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.78          Non-technical       Place                       Reclamation                  the environment                       and the environment

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in
   3j      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.79          Non-technical       Place                       Redevelopment                Economic Effects                      Waste in place retards economic revitalization

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                           Priority Soils is getting an inferior cleanup under the RASD
   3j      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.80          Non-technical       Issues                      RASD                         Past Response Action Sites            process

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                          By allowing the previous response action sites to get a "no further
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                           action" designation will mean the low income citizens were
   3j      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.81          Non-technical       Issues                      Environmental Justice        Past Response Action Sites            environmental disenfranchised




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                              Location/                                           Technical/
 ID No.     Date      Type                    Title/Opening Sentence                     Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                     Tier II Topic                Tier III Topic                              Brief Comment Description


                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          On the EPA citizens work group, low income residents of the
   3j      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.82          Non-technical       Issues                      Environmental Justice        Public involvement                   priority soils area are grossly underrepresented

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          Montana EPA officials have unilaterally declared other issues off
   3k      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.83          Non-technical       Issues                      Public Involvement           EPA limits public comment            the table for efficacious public discussion

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         Metro Storm Drain project was never afforded the opportunity for
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          meaningful public involvement - it is irrelevant whether or not the
   3k      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.84          Non-technical       Issues                      Public Involvement           EPA limits public comment            French drain is a good or bad remedy

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          EPA wants to severely limit the scope of the Citizen's advisory
   3k      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.85          Non-technical       Issues                      Public Involvement           EPA limits public comment            group's input and activity
                                                                                                                                                                                                                                                                                          It is clear that before the RI/FS was completed, that EPA had de
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         facto decided on what will be the final remedy and are going
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          through public participation in order to comply with the law, but
   3k      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.86          Non-technical       Issues                      Public Involvement           EPA limits public comment            their minds are already made up

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         Agency personnel should not view the provision for meaningful
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          public involvement as a procedural hurdle that need only be
   3k      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.87          Non-technical       Issues                      Public Involvement           EPA limits public comment            formally addressed

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         So far in the RI/FS process there has been no explicit effort to
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          incorporate productive future land use considerations into the
   3l      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.88          Non-technical       Issues                      Redevelopment                Land Use                             remedy selection process.


                                                                                                                                                                                                                                                                                          The EPA document, "Promoting Redevelopment at the SBC/Butte
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         Area superfund Site" is not a reuse plan at all - it is definitely not
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          the comprehensive plan called for by the superfund
   3l      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.89          Non-technical       Issues                      Redevelopment                Land Use                             redevelopment initiative or land revitalization action agenda

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         The development of the Proposed Plan failed to provide for
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          meaningful and adequate public participation as required under
  3m       4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.90          Non-technical       Issues                      Public Involvement           EPA limits public comment            superfund law
                                                                                                                                                                                                                                                                                          If meeting ARAR's alone was sufficient, why were there eight
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         other superfund decision making criteria developed - compliance
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          with ARARs does not directly or indirectly address the other 8
   3n      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.91              Legal           Issues                      Evaluation of NCP Criteria   Compliance with ARARs                criteria

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural
   3n      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.92              Legal           Issues                      Evaluation of NCP Criteria   Compliance with ARARs                Why are not the most up to date ARARs used in the process?
                                                                                                                                                                                                                                                                                          The location specific requirements in the RASD are no substitute
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         for the more complete and comprehensive criteria that would be
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                     Federal Location-Specific            part of a full RI/FS investigation of the Past Response Action
   3n      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.93          Non-technical       Issues                      RASD                         Requirements                         sites.

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          Whatever terminology one wishes to use, the fact is that these
   3n      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.94          Non-technical       Issues                      RASD                         Past Response Action Sites           previous TCRA/ERA's do get a "free pass" into the final remedy
                                                                                                                                                                                                                                                                                          While using ARARs and PRGs and PRAOs may be well and good
                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         for a TCRA/ERA, they are insufficient to determine what should be
                                  comments/documents/position papers are submitted                                                                                                          Superfund Procedural                                                                          the final remedy for a site as large and as complex as Butte
   3n      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.95          Non-technical       Issues                      RASD                         Past Response Action Sites           Priority Soils

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                Protectiveness of human health and   Caps and revegetation do not meet the 9 superfund criteria and
   3n      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.96          Non-technical       Place                       Reclamation                  the environment                      are not protective of human health and the environment

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                                                     The superfund liability scheme applies to local government as well
   3p      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.97          Non-technical       Place                       Liability                    Local Government Liability           as to private entities

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         Waste in place will be a perpetual and permanent drag on
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                                                     economic development because of the liability issues relating to
   3p      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.98          Non-technical       Place                       Liability                    Economic Effects                     and adhering in a waste in place solution for priority soils

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in
   3p      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.99          Non-technical       Place                       Liability                    Property/Landowner Liability         Liability adheres to toxics, as long as toxics remain liability remains

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in
   3p      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.100         Non-technical       Place                       Liability                    Economic Effects                     Toxic liability precludes economic development

                                  Cover Statement - Comments BPSOU… The following
                                  comments/documents/position papers are submitted                                                                                                          Solid Media/Waste Left in                                                                     Toxic liability is minimized by maximum removal and treatment of
   3p      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.101         Non-technical       Place                       Liability                    Property/Landowner Liability         wastes

                                  Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                         The Proposed Plan does not adequately address the threats to
                                  comments/documents/position papers are submitted                                                                                                                                                                                                        human health associated with trivalent arsenic in indoor and attic
   3q      4-Jan-05   letter      as official public comment on the proposed plan… Ray               Dr. John W.   Butte, MT        Resident - Butte      3.102         Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed         dusts - should be removed




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                            Location/                                           Technical/
 ID No.      Date      Type                             Title/Opening Sentence                         Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic            Tier II Topic                    Tier III Topic                          Brief Comment Description


                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                                                     The health risk assessment for arsenic did not consider the health
   3q      4-Jan-05    letter             as official public comment on the proposed plan… Ray                     Dr. John W.   Butte, MT        Resident - Butte      3.103         Non-technical       Residential Metals     Attic and/or Interior Dust   Risk assessment flawed           risks posed by trivalent arsenic contaminated dust

                                          Cover Statement - Comments BPSOU… The following
                                          comments/documents/position papers are submitted                                                                                                                                                                                                     The Libby Cleanup precedent would warrant addressing
   3q      4-Jan-05    letter             as official public comment on the proposed plan… Ray                     Dr. John W.   Butte, MT        Resident - Butte      3.104         Non-technical       Residential Metals     Attic and/or Interior Dust   Libby Precedent                  contaminated attic dust in Butte

                                          Cover Statement - Comments BPSOU… The following                                                                                                                                                                                                      The citizen education approach advocated in ATSDR's health
                                          comments/documents/position papers are submitted                                                                                                                                                                                                     consultations documents, is inadequate - burden of avoiding
   3q      4-Jan-05    letter             as official public comment on the proposed plan… Ray                     Dr. John W.   Butte, MT        Resident - Butte      3.105         Non-technical       Residential Metals     Attic and/or Interior Dust   Environmental Justice            exposure on residents

                                          Attached is a document which I am submitting as                                                                                                                                                                                                      Selecting the no further action alternative for Past Response
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 Action sites in the BPSOU does not deliver on the EPA's promise
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.1          Non-technical       Issues                 RASD                         Past Response Action Sites       to evaluate them using the Nine Superfund Criteria.
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      Failing to use the Nine Superfund Criteria to evaluate the Past
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 Response Actions gives those sites a free pass into the final
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.2          Non-technical       Issues                 RASD                         Past Response Action Sites       remedy.
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 EPA just reworded its 2003 RASD to incorporate terminology
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.3          Non-technical       Issues                 RASD                         Past Response Action Sites       without using the substance of the Nine Evaluation Criteria.

                                          Attached is a document which I am submitting as                                                                                                                                                                                                      EPA must show that its evaluation process used in the 2003
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 RASD is as protective of human health and the environment as a
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.4          Non-technical       Issues                 RASD                         Past Response Action Sites       full RI/FS using the Nine Superfund Criteria.
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      EPA should deliver on its unfulfilled promise to do a thorough and
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 complete reevaluation of the Past Response Action sites using the
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.5          Non-technical       Issues                 RASD                         Past Response Action Sites       Nine Evaluation Criteria.

                                          Attached is a document which I am submitting as                                                                                                                                                                                                      If the BPSOU is to be properly cleaned up as mandated by
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 CERCLA, the Past Response Action sites must be fully and
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.6          Non-technical       Issues                 RASD                         Past Response Action Sites       permanently protective of human health and the environment.
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      If the mission of Superfund is to be achieved, the Past Response
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 Action sites must be reevaluated using the Nine Superfund
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.7          Non-technical       Issues                 RASD                         Past Response Action Sites       Criteria.
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 How do we know if past response actions are permanently
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.8          Non-technical       Issues                 RASD                         Past Response Action Sites       protective of human health and the environment?
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 How do we know if past actions meet the Superfund mandate to
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte       4.9          Non-technical       Issues                 RASD                         Past Response Action Sites       "really clean up a site?"
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 Past emergency response actions cannot be assumed to meet the
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.10          Non-technical       Issues                 RASD                         Past Response Action Sites       Nine Superfund Evaluation Criteria.

                                          Attached is a document which I am submitting as                                                                                                                                                                                                      If compliance with ARARs was considered the sole determinant of
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 environmental and health protectiveness, why were other criteria
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.11              Legal           Issues                 Evaluation of NCP Criteria   Compliance with ARARs            added to the Superfund decision making process?
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 Compliance with ARARs does not directly or indirectly address the
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.12          Non-technical       Issues                 Evaluation of NCP Criteria   Compliance with ARARs            other eight Superfund criteria.
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.13              Legal           Issues                 Evaluation of NCP Criteria   Compliance with ARARs            Why are not the most up to date ARARs used in the process?
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                Federal Location-Specific        Do the Federal Location-Specific Requirements substitute as
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.14          Non-technical       Issues                 RASD                         Requirements                     criteria for the criteria used in a full RI/FS process for these sites?
                                                                                                                                                                                                                                                                                               The location specific requirements in the RASD are no substitute
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      for the more complete and comprehensive criteria that would be
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                Federal Location-Specific        part of a full RI/FS investigation of the Past Response Action
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.15          Non-technical       Issues                 RASD                         Requirements                     sites.
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      The criteria used to determine the effectiveness of the TCRA/ERA
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 remedies is not nearly as protective as those used in a full RI/FS
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.16          Non-technical       Issues                 RASD                         Past Response Action Sites       process.
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 Using ARARs, PRGs, and PRAOs may be good enough for
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.17          Non-technical       Issues                 RASD                         Past Response Action Sites       TCRA/ERAs, they are not good enough for the BPSOU.
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      To allow the Past Response Action sites into the final remedy
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 without having them go through the RI/FS is contrary to the intent
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.18          Non-technical       Issues                 RASD                         Past Response Action Sites       of CERCLA.
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      The public needs to be assured that the TCRA/ERAs are fully
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 protective of human health and the environment in accordance
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.19          Non-technical       Issues                 RASD                         Past Response Action Sites       with the Nine Superfund evaluation criteria.
                                          Attached is a document which I am submitting as
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 The RASD evaluation does not provide a full and complete study
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.20          Non-technical       Issues                 RASD                         Past Response Action Sites       of the previous actions.
                                          Attached is a document which I am submitting as                                                                                                                                                                                                      EPA promised a thorough, extensive, and complete review of the
                                          public comment on the Proposed Plan Butte Priority                                                                                                              Superfund Procedural                                                                 Past Response Actions, but never delivered on that promise to
   4       13-Jan-05   email attachment   Soils OU.                                             Ray                Dr. John W.   Butte, MT        Resident - Butte      4.21          Non-technical       Issues                 RASD                         Past Response Action Sites       Butte citizens.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.1          Non-technical       Site-Wide              General Comment              Public Trust Doctrine Violated   EPA must adhere to the Public Trust Doctrine.




    D:\Docstoc\Working\pdf\71c2fe51-6905-4843-af60-7c87099be168.xls                                                                                                                                                                                                                                                                                  Page 9
BPSOU Responsiveness Summary Comment Index

Document                                                                                                                            Location/                                           Technical/
 ID No.      Date      Type                             Title/Opening Sentence                         Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                     Tier II Topic                Tier III Topic                                Brief Comment Description

                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  The development of the Proposed Plan did not include the Public
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.2          Non-technical       Site-Wide                   General Comment              Public Trust Doctrine Violated        Trust Doctrine.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.3          Non-technical       Site-Wide                   General Comment              Public Trust Doctrine Violated        The BPSOU is at variance with the Public Trust Doctrine.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  Failing to follow the Public Trust Doctrine violates Environmental
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.4          Non-technical       Site-Wide                   Environmental Justice        Public Trust Doctrine Violated        Justice.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  The proposed plan for BPSOU should be declared null and void
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.5          Non-technical       Site-Wide                   General Comment              Public Trust Doctrine Violated        and redone.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  Past mining activities in the BPSOU breached the public trust and
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.6          Non-technical       Site-Wide                   General Comment              Public Trust Doctrine Violated        Superfund has as a goal restoring that trust.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                   Superfund Procedural                                                                           The EPA's approach to developing a preferred alternative has
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.7          Non-technical       Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost           made cost savings inordinately important.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  The proposed plan for the Parrott Tailings and Metro Storm Drain
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.8          Non-technical       Parrott Tailings/MSD        General Comment              Public Trust Doctrine Violated        violates the Public Trust Doctrine.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   The EPA has an obligation to make every attempt to restore the
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  water in Silver Bow Creek and the Metro Storm Drain to a
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte       5.9          Non-technical       Parrott Tailings/MSD        Extent of Removal            For Removal                           beneficial public use.
                                          Attached please find a new, formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   The plan to write off groundwater and the aquifer are contrary to
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  the public trust doctrine because it permanently alienates a public
   5       18-Jan-05   email attachment   Superfund site.                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      5.10          Non-technical       Groundwater                 General Comment              Public Trust Doctrine Violated        resource from public use and enjoyment.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  The EPA has an obligation under the public trust doctrine to make
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.11          Non-technical       Site-Wide                   Extent of Removal            For Removal                           every attempt to cleanup soil through treatment or remove it.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.12          Non-technical       Site-Wide                   General Comment              Public Trust Doctrine Violated        The plan to leave waste in place violates the public trust doctrine.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   The EPA's uncertainty argument surrounding the Metro Storm
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  Drain and the Parrott Tailings is contrary to the Public Trust
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.13          Non-technical       Parrott Tailings/MSD        General Comment              Public Trust Doctrine Violated        Doctrine.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   The EPA's "uncertainty" argument violates CERCLA, SARA,
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  Public Trust Doctrine as well as the legally mandated
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.14          Non-technical       Parrott Tailings/MSD        General Comment              Public Trust Doctrine Violated        Precautionary Principle.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  The EPA's lack of pathways of exposure argument is contrary to
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.15          Non-technical       Residential Metals          Attic and/or Interior Dust   Public Trust Doctrine Violated        the public trust doctrine.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   Nowhere in CERCLA is there a preference for leaving waste in
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                            Long-Term Effectiveness and           place untreated as called for by EPA's preferred alternative for
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.16          Non-technical       Site-Wide                   Evaluation of NCP Criteria   Permanence                            Priority Soils.


                                          Attached please find a new formal complaint regarding                                                                                                                                                                                                          The preferred alternative convolutes CERCLA and the Public
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   Trust Doctrine in that it would leave vast amounts of waste in
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  place untreated and unremediated, permanently threatening public
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.17          Non-technical       Site-Wide                   General Comment              Public Trust Doctrine Violated        health and the environment.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  By not adhering to the Public Trust Doctrine the EPA is denying
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.18          Non-technical       Site-Wide                   Environmental Justice        Public Trust Doctrine Violated        Environmental Justice to Butte
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   By leaving significant amounts of waste on the Butte Hill, the
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                  proposed plan makes worse the economic disparity between
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.19          Non-technical       Site-Wide                   Environmental Justice        Economic Effects                      those on the hill and those on the flats.
                                          Attached please find a new formal complaint regarding                                                                                                                                                                                                         Because there is a causal relationship between economic disparity
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                  and poor health, the proposed plan would worsen the health
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                 problems of the poor who generally live in the boundaries of the
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.20          Non-technical       Site-Wide                   Environmental Justice        Concerned about Health Effects/Risks BPSOU.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                   Given the CERCLA and SARA liability scheme, the proposed
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                   Solid Media/Waste Left in                                                                      waste in place remedy for BPSOU will preclude future economic
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.21          Non-technical       Place                       Liability                    Economic Effects                      revitalization of the area.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                   Solid Media/Waste Left in                                                                      As long as waste is left in place, liability will be left in place, which
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.22          Non-technical       Place                       Liability                    Economic Effects                      will hinder economic growth.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                           Location/                                           Technical/
 ID No.      Date      Type                             Title/Opening Sentence                        Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal         Tier I Topic           Tier II Topic                Tier III Topic                                Brief Comment Description

                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.23          Non-technical       Site-Wide            General Comment          Public Trust Doctrine Violated         Institutional controls violate the Public Trust Doctrine.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                        The institutional controls being considered limit productive land
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       uses and greatly compromise the property rights of the owners to
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.24          Non-technical       Site-Wide            Institutional Controls   IC's hamper redevelopment              use their land.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       Institutional controls are contrary to the Superfund mandate or
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.25          Non-technical       Site-Wide            Institutional Controls   Minimize IC's                          preference for treatment over restricted land use.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       EPA has admitted that institutional controls don't work, so it is
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.26          Non-technical       Site-Wide            Institutional Controls   Minimize IC's                          amazing they are being proposed for the BPSOU.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       Using the health risk assessment at the priority soils site violates
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.27          Non-technical       Site-Wide            Human Health Risk        Public Trust Doctrine Violated         the public trust doctrine.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       The BPSOU risk assessment looked at only one option for the
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.28          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 operable unit.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       The BPSOU risk assessment extensively used best judgment and
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.29          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 estimates instead of data to minimize the health risks.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       The conclusions of the risk assessment are arbitrary and
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.30          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 capricious.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       Peer review of the risk assessment said it was flawed, yet the
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.31          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 EPA rejected that peer review.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       The results of a risk assessment differ depending on who is doing
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.32          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 the assessment, making them arbitrary and capricious.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       The BPSOU risk assessment violated the federally mandated use
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.33          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 of the Precautionary Principle for Superfund decision making.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                        Contrary to the Public Trust Doctrine, the risk assessment placed
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       the burden of proving health harms on those affected by the
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.34          Non-technical       Site-Wide            Human Health Risk        Public Trust Doctrine Violated         contaminants at the site.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.35          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 The BPSOU substituted guesswork for real scientific knowledge.


                                                                                                                                                                                                                                                                                              The risk assessment does not adequately characterize risk
                                          Attached please find a new formal complaint regarding                                                                                                                                                                                               because it looked only at a single option, is based on inadequate
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                        data, fails to accommodate the unknowns, is based on subjective
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       assumptions and accepts the premise that a certain amount of
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.36          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 harm to the public trust is acceptable.
                                          Attached please find a new formal complaint regarding                                                                                                                                                                                               A health risk assessment is a subjective, arbitrary and
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                        discretionary political process rather than an objective and
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       scientific activity and does not guarantee that public health will be
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.37          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 protected.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       A health risk assessment does not exclude the bias and prejudice
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.38          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 of those doing the study.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       A risk assessment does not guarantee that significant reduction of
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.39          Non-technical       Site-Wide            Human Health Risk        Risk assessment flawed                 pollution will occur in the environment.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       How the risk assessment is used for priority soils violates the
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.40          Non-technical       Site-Wide            Human Health Risk        Public Trust Doctrine Violated         public trust doctrine.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       The Preferred alternative violates the CERCLA/Public Trust
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.41          Non-technical       Site-Wide            General Comment          Public Trust Doctrine Violated         Doctrine Mandate to follow the Precautionary Principle.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                        The Pollution Prevention Principle/Standard warrants remediating
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                       attic dust and removing waste-in-place as part of the priority soils
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.42          Non-technical       Site-Wide            Extent of Removal        For Removal                            remedy.
                                          Attached please find a new formal complaint regarding                                                                                                                                                                                              Environmental Justice cannot be achieved at Priority Soils unless
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                       the Precautionary Principle is applied as part of the remedy and
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                EPA did not account for Environmental unless the principle of pollution prevention is applied to the
   5       18-Jan-05   email attachment   Superfund site.                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      5.43          Non-technical       Site-Wide            Environmental Justice    Justice                               remedy.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                            Location/                                           Technical/
 ID No.      Date      Type                             Title/Opening Sentence                         Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                                 Brief Comment Description

                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                     Given the serious nature of the waste found in the BPSOU, the
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                    pollution prevention principle warrants removing as much as
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.44          Non-technical       Site-Wide                   Extent of Removal            For Removal                             possible.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                     The Precautionary Principle/Standard warrants remediating
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                    contaminated attic dust now and removing waste-in-place as part
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.45          Non-technical       Site-Wide                   Extent of Removal            For Removal                             of the remedy.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                    The Pollution Prevention Standard and the Precautionary
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.46              Legal           Site-Wide                   Evaluation of NCP Criteria   Compliance with ARARs                   Principle/Standard are ARARs for the Priority Soils.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                    Leaving waste in place really is leaving an unacceptable and
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.47          Non-technical       Site-Wide                   Extent of Removal            For Removal                             unwarranted threat in place.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a                                                                                                                                                                                                                     The Precautionary Principle and the Principle of Pollution
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                    Prevention demand that contaminated attic dust be removed and
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.48          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed            remediated as part of the priority soils remedy.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                    The Precautionary Principle and the Principle of Pollution need to
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.49              Legal           Site-Wide                   Evaluation of NCP Criteria   Compliance with ARARs                   be considered in the remedy selection process.
                                          Attached please find a new formal complaint regarding
                                          the Montana Office of EPA's development of a
                                          Proposed Plan for the Butte Priority Soils OU                                                                                                                                                                                                                    The preferred solution should be declared null and void and should
   5       18-Jan-05   email attachment   Superfund site.                                       Ray                Dr. John W.   Butte, MT        Resident - Butte      5.50          Non-technical       Site-Wide                   General Comment              Commenter Opposes                       be reworked in accordance with the applicable laws.


                                          Based on Wendy's comment below that emailed
                                          submitted comments on the Proposed Plan for Priority
                                          Soils "will be printed and added to the official
                                          comments," I would like for all of my submissions,
                                          whether concerned with the process or substance of
                                          the Proposed Plan for Priority Soils, be regarded as                                                                                                                                                                                                             Please consider the complaints submitted as complaints requiring
                                          public comment requiring a response in eh                                                                                                                       Superfund Procedural                                                                             adjudication and public comments on the BPSOU Proposed Plan
   6       21-Jan-05   email letter       responsiveness summary.                              Ray                 Dr. John W.   Butte, MT        Resident - Butte       6.1          Non-technical       Issues                      Public involvement           EPA disregards comments                 and Preferred Alternative.
                                          Attached please find additional public comment which I
                                          am submitting to you regarding the Proposed Plan for                                                                                                                                                                     EPA did not account for Environmental Environmental justice concerns must permeate all EPA decisions
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.1          Non-technical       Site-Wide                   Environmental Justice        Justice                               involving priority soils.
                                          Attached please find additional public comment which I
                                          am submitting to you regarding the Proposed Plan for                                                                                                                                                                     EPA did not account for Environmental Butte Priority Soils has a higher than normal incidence of low-
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.2          Non-technical       Site-Wide                   Environmental Justice        Justice                               income citizens.


                                                                                                                                                                                                                                                                                                         the Montana Office EPA's position on the "soils" portion of the
                                                                                                                                                                                                                                                                                                         Butte Priority Soils violates the principles of environmental justice
                                                                                                                                                                                                                                                                                                         because it places a disproportionate liability burden on the poor; it
                                                                                                                                                                                                                                                                                                         places a disproportionate land use burden on the poor; it places a
                                          Attached please find additional public comment which I                                                                                                                                                                                                         disproportionate health burden on the poor; and it has not provided
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                     EPA did not account for Environmental low-income citizens with meaningful opportunities for public
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.3          Non-technical       Issues                      Environmental Justice        Justice                               participation.
                                          Attached please find additional public comment which I                                                                                                                                                                                                           The proposed waste-in-place remedy will preclude future
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Solid Media/Waste Left in                                                                        economic development in the area and place an unfair
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.4          Non-technical       Place                       Environmental Justice        Economic Effects                        environmental regulation burden on the poor.
                                          Attached please find additional public comment which I                                                                                                                                                                                                           Leaving waste in place means that the associated liability remains,
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Solid Media/Waste Left in                                                                        so the more waste that is removed, the greater the opportunity for
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.5          Non-technical       Place                       Redevelopment                Economic Effects                        economic revitalization.


                                                                                                                                                                                                                                                                                                           The Priority Soils RI/FS and remedy development and selection
                                          Attached please find additional public comment which I                                                                                                                                                                                                           process for Butte Priority Soils has so far failed to consider the
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Solid Media/Waste Left in                                                                        mandates of the Superfund Redevelopment Initiative and the Land
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.6          Non-technical       Place                       Redevelopment                Economic Effects                        Revitalization Initiative Action Agenda.
                                          Attached please find additional public comment which I
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                             The Priority Soils remedy development and selection process has
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.7          Non-technical       Issues                      Redevelopment                Land Use                                so far failed to follow the mandates OSWER Directive 9355.7-04.
                                          Attached please find additional public comment which I                                                                                                                                                                                                           So far in the RI/FS process there has been no explicit effort to
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                             incorporate productive future land use considerations into the
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.8          Non-technical       Issues                      Redevelopment                Land Use                                remedy selection process.
                                          Attached please find additional public comment which I                                                                                                                                                                                                           Failure to consider future productive land uses is particularly acute
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                             with regard to the extensive previous response actions on the
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte       7.9          Non-technical       Issues                      Redevelopment                Land Use                                Butte Hill.
                                                                                                                                                                                                                                                                                                           The past response actions at the BPSOU, which have been
                                          Attached please find additional public comment which I                                                                                                                                                                                                           extensive, did not take into account or consideration future
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                             productive land uses. They were emergency actions to deal with a
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.10          Non-technical       Issues                      Redevelopment                Land Use                                time critical situation.
                                          Attached please find additional public comment which I
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.11          Non-technical       Issues                      RASD                         Land Use                                The RASD does not consider future productive land uses.
                                          Attached please find additional public comment which I
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                             Previous response action sites will never be considered for future
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.12          Non-technical       Issues                      Redevelopment                Land Use                                productive land uses.


                                                                                                                                                                                                                                                                                                           failure to consider future productive land uses violates the
                                          Attached please find additional public comment which I                                                                                                                                                                                                           provisions of the Superfund Redevelopment Initiative and the Land
                                          am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                             Revitalization Initiative/Action Agenda, which violates the
   7       21-Jan-05   email letter       Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.13          Non-technical       Issues                      Redevelopment                Land Use                                provisions of OSWER Directive 9355.07-04.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                        Location/                                           Technical/
 ID No.      Date      Type                         Title/Opening Sentence                         Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                                Brief Comment Description
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.14          Non-technical       Issues                      Redevelopment                Land Use                               A formal reuse assessment should be conducted for the BPSOU.


                                                                                                                                                                                                                                                                                                      Attic dust in Butte is contaminated with both trivalent arsenic and
                                      Attached please find additional public comment which I                                                                                                                                                                                                          other toxic heavy metals from the Anaconda Smelter and past
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            mining and smelting operations in Butte and under Superfund this
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.15          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed           contamination threat must be remediated.

                                      Attached please find additional public comment which I                                                                                                                                                                                                          The 1997 Health Risk Assessment for arsenic and subsequent
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            health studies for Butte Priority Soils does not specifically and
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.16          Non-technical       Residential Metals          Attic and/or Interior Dust   Risk assessment flawed                 directly consider trivalent arsenic found in Butte attics.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            The only real cleanup remedy for these toxics found in the BPSOU
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.17          Non-technical       Site-Wide                   Extent of Removal            For Removal                            is removal of contaminants.

                                      Attached please find additional public comment which I                                                                                                                                                                                                          the EPA contention that contaminants found in the attics of Butte
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            homes do not pose a health risk to Butte residents because there
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.18          Non-technical       Residential Metals          Attic and/or Interior Dust   Pathways                               are no pathways of contamination is specious.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          The EPA wants to place the cleanup burden on residents and
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            property owners in that it would be up to occupants to contact a
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.19          Non-technical       Residential Metals          Attic and/or Interior Dust   Environmental Justice                  government agency requesting remediation.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            The pathways of exposure argument sets a dangerous precedent
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.20          Non-technical       Residential Metals          Attic and/or Interior Dust   Pathways                               that as long as no one is using a site, we don't need to clean it up.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          there are no current laws, rules or regulations that prohibit the
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            owner of a home or the renter of a home from using or disturbing
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.21          Non-technical       Residential Metals          Attic and/or Interior Dust   Pathways                               the home's attic.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          The pathways of exposure argument is based on the false
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            premise that, overall, there will continue to be few pathways of
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.22          Non-technical       Residential Metals          Attic and/or Interior Dust   Pathways                               exposure to the contaminated attic dust.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          The lack of a definitive action level for contaminated dust would
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            mandate the use of the Precautionary Principle in approaching the
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.23          Non-technical       Residential Metals          Attic and/or Interior Dust   Action Levels                          problem.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            The pathway of exposure approach will be a permanent drag on
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.24          Non-technical       Residential Metals          Attic and/or Interior Dust   Economic Effects                       the economic revitalization of the Butte Hill.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            Accepting the pathways argument means that low income citizens
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.25          Non-technical       Residential Metals          Attic and/or Interior Dust   Environmental Justice                  will continue to bear a disproportionate toxic burden.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          The pathways argument limits or precludes future productive land
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            uses and low income residents who live in the area will be unfairly
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.26          Non-technical       Residential Metals          Attic and/or Interior Dust   Pathways                               affected.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            The poor in Butte would receive an inferior cleanup to those in
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.27          Non-technical       Residential Metals          Attic and/or Interior Dust   Libby Precedent                        Libby.

                                      Attached please find additional public comment which I                                                                                                                                                                                                          The citizen education approach advocated by EPA is contrary to
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            environmental justice because it places the burden of avoiding
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.28          Non-technical       Residential Metals          Attic and/or Interior Dust   Environmental Justice                  exposure to waste on the low-income residents of BPSOU.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          Health risk assessments are inherently uncertain and the 1997
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            BPSOU study has been called inadequate, so it should not be
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.29          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                 used as part of the priority soils remedy.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                          Attic dust needs to be specifically assessed as to its potential
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.30          Non-technical       Residential Metals          Attic and/or Interior Dust   Concerned about Health Effects/Risks health risk.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            A definitive determination needs to be made as to the
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.31            Technical         Residential Metals          Attic and/or Interior Dust   Characterization                       characteristics and constituents of the attic dust.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            EPA should determine if arsenic found in attic dust in BPSOU
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.32            Technical         Residential Metals          Attic and/or Interior Dust   Characterization                       came from Anaconda.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                                                                                                                            If contaminants in attic dust threaten human health, they should
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.33          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed           be removed as part of the BPSOU remedy.
                                                                                                                                                                                                                                                                                                      Low-income citizens have not been given meaningful opportunities
                                      Attached please find additional public comment which I                                                                                                                                                                                                          for public participation and there has been a failure to follow public
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            involvement mandates specifically applicable to low-income
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.34          Non-technical       Issues                      Environmental Justice        Public involvement                     citizens.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            There have been no proactive attempts to include low-income
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.35          Non-technical       Issues                      Environmental Justice        Public involvement                     citizens in the decision-making process.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          As proof that there has been no attempt to seek out low-income
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            citizens, note that only 5 percent of the Butte Citizens Advisory
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.36          Non-technical       Issues                      Environmental Justice        Public involvement                     Group are low-income people.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Solid Media/Waste Left in                                                                     There are has been no consideration of the effects of waste-in-
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.37          Non-technical       Place                       Environmental Justice        Concerned about Health Effects/Risks place on low-income citizens.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            Using the RASD will pose an institutional barrier to meaningful
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.38          Non-technical       Issues                      RASD                         Public involvement                     public involvement in the remedy selection process for BPSOU.

                                      Attached please find additional public comment which I                                                                                                                                                                                                          The EPA has declared attic dust and using native plants on caps
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            off the table for efficacious public discussion, which violates the
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.39          Non-technical       Issues                      Public involvement           EPA disregards comments                public involvement mandate of the agency.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                        Location/                                           Technical/
 ID No.      Date      Type                         Title/Opening Sentence                         Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                Tier II Topic                     Tier III Topic                                Brief Comment Description
                                      Attached please find additional public comment which I                                                                                                                                                                                                          The EPA wants to limit the Citizen Advisory Group's purpose to
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            simply refining the agency's defacto proposed Priority Soils' "soils"
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.40          Non-technical       Issues                      Public involvement           EPA limits public comment              solution.

                                      Attached please find additional public comment which I                                                                                                                                                                                                          The EPA wants the Citizens Advisory Group's discussions to be
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            conducted on the premise that the group has already accepted the
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.41          Non-technical       Issues                      Public involvement           EPA limits public comment              main ideas of what the EPA is proposing.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            The EPA decided before the BPSOU RI/FS was completed what it
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.42          Non-technical       Issues                      Evaluation of NCP Criteria   Community Acceptance                   intended to do with the soils portion of the OU.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            The RASD review process of previous actions in the BPSOU
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.43          Non-technical       Issues                      RASD                         Public involvement                     violates EPA's public involvement process.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          The EPA's declaration that certain topics are precluded from
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            efficacious public comment violates the agency's public
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.44          Non-technical       Issues                      Public involvement           EPA limits public comment              involvement process.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            The EPA's attempt to limit the role and the scope of the advisory
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.45          Non-technical       Issues                      Public involvement           EPA limits public comment              committee violates the agency's public involvement process.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            Selecting a final remedy for the soils prior to the public comment
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.46          Non-technical       Issues                      Public involvement           EPA limits public comment              period ending violates the agency's public involvement process.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            By circumventing its public involvement process rules, the EPA
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.47          Non-technical       Issues                      Public involvement           EPA limits public comment              has unfairly affected the low-income citizens of BPSOU.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          EPA should not view the provision for meaningful public
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            involvement as simply a procedural hurdle that need only be
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.48          Non-technical       Issues                      Public involvement           EPA disregards comments                formally addressed.


                                                                                                                                                                                                                                                                                                      The wanton corporate hubris displayed at a recent meeting on
                                      Attached please find additional public comment which I                                                                                                                                                                                                          priority soils where public input was characterized as the
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            articulation of "feelings" is a disservice and mischaracterization of
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.49          Non-technical       Issues                      Public involvement           EPA disregards comments                the value of the public participation process.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.50          Non-technical       Issues                      Public involvement           EPA disregards comments                Public participation should be considered more than histrionics.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.51          Non-technical       Site-Wide                   Extent of Removal            For Removal                            There must be maximum removal of toxic waste in the Butte area.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          There must be a full and vigorous implementation of the
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Solid Media/Waste Left in                                                                       Superfund Land Use Action Agenda and the Superfund
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.52          Non-technical       Place                       Redevelopment                Economic Effects                       Redevelopment Initiative.
                                      Attached please find additional public comment which I                                                                                                                                                                                                          A proactive campaign must be undertaken to include and provide
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            meaningful public participation, particularly for low-income
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.53          Non-technical       Issues                      Environmental Justice        Public involvement                     residents.
                                      Attached please find additional public comment which I
                                      am submitting to you regarding the Proposed Plan for                                                                                                            Superfund Procedural                                                                            The pathways of exposure approach to attic dust must be
   7       21-Jan-05   email letter   Butte Priority Soils OU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      7.54          Non-technical       Issues                      Environmental Justice        Public involvement                     abandoned.
                                      Attached is the text of a formal complaint which I am
                                      making protesting the Montana Office of EPA decision
                                      to limit comments, per person, at the January 27, 2005                                                                                                                                                                                                          A five minute limitation is excessively constraining to the possibility
                                      Public Hearing on Priority Soils to a maximum of five                                                                                                           Superfund Procedural                                                                            of effective public input for reasons documented in my
   8       22-Jan-05   email letter   minutes.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte       8.1          Non-technical       Issues                      Public Meeting               EPA limits public comment              attachment.
                                      Attached is the text of a formal complaint which I am
                                      making protesting the Montana Office of EPA decision
                                      to limit comments, per person, at the January 27, 2005
                                      Public Hearing on Priority Soils to a maximum of five                                                                                                           Superfund Procedural                                                                            The EPA needs to make sure that all are afforded full opportunity
   8       22-Jan-05   email letter   minutes.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte       8.2          Non-technical       Issues                      Public Meeting               EPA limits public comment              to present and defend their views.
                                      Attached is the text of a formal complaint which I am
                                      making protesting the Montana Office of EPA decision
                                      to limit comments, per person, at the January 27, 2005                                                                                                                                                                                                          There is no basis in the rules, regulation, policies, procedures or
                                      Public Hearing on Priority Soils to a maximum of five                                                                                                           Superfund Procedural                                                                            guidance documents governing public input and setting a five-
   8       22-Jan-05   email letter   minutes.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte       8.3          Non-technical       Issues                      Public Meeting               EPA limits public comment              minute time limit.
                                      Attached is the text of a formal complaint which I am
                                      making protesting the Montana Office of EPA decision
                                      to limit comments, per person, at the January 27, 2005
                                      Public Hearing on Priority Soils to a maximum of five                                                                                                           Superfund Procedural                                                                            Limiting public comment to five minutes is contrary to sound
   8       22-Jan-05   email letter   minutes.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte       8.4          Non-technical       Issues                      Public Meeting               EPA limits public comment              decision making and efficacious public participation.
                                      Attached is the text of a formal complaint which I am
                                      making protesting the Montana Office of EPA decision
                                      to limit comments, per person, at the January 27, 2005
                                      Public Hearing on Priority Soils to a maximum of five                                                                                                           Superfund Procedural
   8       22-Jan-05   email letter   minutes.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte       8.5          Non-technical       Issues                      Public Meeting               EPA limits public comment              Increase the time limit to at least 10 minutes per person.
                                      Attached is the text of a formal complaint which I am
                                      making protesting the Montana Office of EPA decision
                                      to limit comments, per person, at the January 27, 2005
                                      Public Hearing on Priority Soils to a maximum of five                                                                                                           Superfund Procedural                                                                            Keep the EPA "explanation" of the proposed plan and preferred
   8       22-Jan-05   email letter   minutes.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte       8.6          Non-technical       Issues                      Public Meeting               EPA limits public comment              alternative as brief as possible.
                                      Attached is the text of a formal complaint which I am
                                      making protesting the Montana Office of EPA decision
                                      to limit comments, per person, at the January 27, 2005                                                                                                                                                                                                          The five-minute time limit only serves to reinforce the view that the
                                      Public Hearing on Priority Soils to a maximum of five                                                                                                           Superfund Procedural                                                                            agency does not value public input and is only going through the
   8       22-Jan-05   email letter   minutes.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte       8.7          Non-technical       Issues                      Public Meeting               EPA limits public comment              motions.
                                      Attached please find a new environmental justice                                                                                                                                                                                                               The preferred alternative for BPSOU should be declared to be in
                                      complaint which I am submitting regarding the Butte                                                                                                                                                                      EPA did not account for Environmental violation of environmental justice and declared null and void as
   9       23-Jan-05   email letter   Priority Soils OU.                                    Ray                Dr. John W.   Butte, MT        Resident - Butte       9.1          Non-technical       Site-Wide                   Environmental Justice        Justice                               presently composed.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                          Location/                                           Technical/
 ID No.      Date      Type                          Title/Opening Sentence                          Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal         Tier I Topic            Tier II Topic                Tier III Topic                                Brief Comment Description

                                      Part of EPA's and Region 8's environmental justice
                                      program is to make sure that low-income citizens are                                                                                                                                                                                                    What special efforts were made by the EPA to notify low-income
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  residents of the priority soils area of the January 25th public
   10      24-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      10.1          Non-technical       Issues                 Public Meeting          Public involvement at Public Meeting   meeting about cleanup in the BPSOU?
                                      Part of EPA's and Region 8's environmental justice
                                      program is to make sure that low-income citizens are
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  What special efforts did the EPA make to encourage participation
   10      24-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      10.2          Non-technical       Issues                 Public Meeting          Public involvement at Public Meeting   by low-income residents in the Jan. 25th public meeting?
                                      Part of EPA's and Region 8's environmental justice
                                      program is to make sure that low-income citizens are
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  What special efforts has EPA made to involve the poor in cleanup
   10      24-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      10.3          Non-technical       Issues                 Environmental Justice   Public involvement                     decisions regarding BPSOU?
                                      Part of EPA's and Region 8's environmental justice
                                      program is to make sure that low-income citizens are                                                                                                                                                                                                    If no special efforts to involve the poor have been made, how does
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  this square with the EPA mandate to make an extraordinary effort
   10      24-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      10.4          Non-technical       Issues                 Environmental Justice   Public involvement                     to include low-income citizens?
                                      Part of EPA's and Region 8's environmental justice
                                      program to make sure that low-income citizens are                                                                                                                                                                                                       Notice of the Jan. 25 meeting was in the newspaper, but many
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  poor people can't afford the newspaper and it was very
   11      25-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      11.1          Non-technical       Issues                 Public Meeting          Public involvement at Public Meeting   bureaucratic, so it wasn't very appealing to the poor.
                                      Part of EPA's and Region 8's environmental justice
                                      program is to make sure that low-income citizens are
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  The Jan. 25th public meeting was held at a site and time that were
   11      25-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      11.2          Non-technical       Issues                 Public Meeting          Public involvement at Public Meeting   not convenient for the poor.
                                      Part of EPA's and Region 8's environmental justice
                                      program is to make sure that low-income citizens are
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  The Jan. 25th public meeting was in a format that may have
   11      25-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      11.3          Non-technical       Issues                 Public Meeting          Public involvement at Public Meeting   intimidated the poor.
                                      Part of EPA's and Region 8's environmental justice
                                      program is to make sure that low-income citizens are
                                      involved in the formulation and execution of Superfund                                                                                                            Superfund Procedural                                                                  The Jan. 25th public meeting was at variance with the EPA's
   11      25-Jan-05   email letter   rules and regulations.                                 Ray                 Dr. John W.   Butte, MT        Resident - Butte      11.4          Non-technical       Issues                 Environmental Justice   Public involvement                     environmental justice policy.


                                      After following the development of the local
                                      government's position on Priority Soils over the past
                                      months, I still have some major concerns which were                                                                                                                                                                                                     This commentary is directed toward Butte-Silver Bow's position on
   12      26-Jan-05   email letter   not put to rest by this evening's presentation.          Ray               Dr. John W.   Butte, MT        Resident - Butte      12.1          Non-technical       General Comment        Unrelated Topic         Out of scope                           the proposed plan and not to EPA's proposed plan.
                                      After last evening's EPA public hearing, I sent the
                                      following environmental justice complaint to the                                                                                                                  Superfund Procedural
   13      26-Jan-05   email letter   national and region 8 offices of the EPA.                Ray               Dr. John W.   Butte, MT        Resident - Butte      13.1          Non-technical       Issues                 Public Meeting          Public involvement at Public Meeting   This commentary was addressed in document 11.
                                      The following complaint (see following emails) calls for                                                                                                          Superfund Procedural                                                                  This is a repeat of document 13, which was a repeat of document
   14      26-Jan-05   email letter   ameliorative action now.                                 Ray               Dr. John W.   Butte, MT        Resident - Butte      14.1          Non-technical       Issues                 Public Meeting          Public involvement at Public Meeting   11.
                                      Attached please find a new environmental justice
                                      complain I am submitting regarding the Butter Priority                                                                                                                                                                                                  The health risk assessments actually conducted for the BPSOU
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.1          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  violate the EPA mandate to promote environmental justice.
                                      Attached please find a new environmental justice                                                                                                                                                                                                        Distorted health risk assessments preclude the possibility that low-
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  income citizens will receive equal protection from the harms of
   15      29-Jan-05   email letter   Soils Operable Unit.                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      15.2          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  pollution as a result of cleanup.
                                      Attached please find a new environmental justice                                                                                                                                                                                                        The health risk assessments will lead to a remedy that will not
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  rectify the disparate toxics burden that the poor living in the
   15      29-Jan-05   email letter   Soils Operable Unit.                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      15.3          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  BPSOU endure.
                                      Attached please find a new environmental justice
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  The health risk assessments actually increase the disparate toxic
   15      29-Jan-05   email letter   Soils Operable Unit.                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      15.4          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  burden of low-income citizens in the BPSOU.


                                                                                                                                                                                                                                                                                              Since environmental justice concerns must permeate all of EPA's
                                                                                                                                                                                                                                                                                              activities and processes, this failure to promote and encompass
                                      Attached please find a new environmental justice                                                                                                                                                                                                        environmental justice in the development of the proposed plan and
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  preferred alternative warrants the discarding of the entire
   15      29-Jan-05   email letter   Soils Operable Unit.                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      15.5          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  Proposed Plan for Priority Soils.
                                      Attached please find a new environmental justice
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  The BPSOU Health Risk Assessments were inherently and
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.6          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  structurally biased against the poor.
                                                                                                                                                                                                                                                                                              The Health Risk Assessment process used specifically for
                                      Attached please find a new environmental justice                                                                                                                                                                                                        BPSOU failed to account for the disproportionate health risks
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  borne by the low-income citizens who live within the priority soils
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.7          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  site.


                                                                                                                                                                                                                                                                                              The risk assessments did not consider dangers associated with
                                      Attached please find a new environmental justice                                                                                                                                                                                                        multiple exposures; dangers associated with mixtures of the
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  toxics; dangers associated with above-average exposures; and
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.8          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  dangers associated with long-term, low-dose exposures.
                                      Attached please find a new environmental justice                                                                                                                                                                                                        The Health Risk Assessment failed to look at susceptibility to the
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  harms of exposure to the substances of concern at the site in
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.9          Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  terms of income.
                                      Attached please find a new environmental justice                                                                                                                                                                                                        The Health Risk Assessment failed to evaluate low-birth weight,
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  reduced intelligence, asthma, and numerous other environmentally
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.10         Non-technical       Site-Wide              Human Health Risk       Risk assessment flawed                 caused diseases.
                                      Attached please find a new environmental justice                                                                                                                                                                                                        Since the proposed plan and preferred alternative were based on a
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  risk assessment process that discriminated against the poor, they
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.11         Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  violated environmental justice.
                                      Attached please find a new environmental justice
                                      complaint I am submitting regarding the Butte Priority                                                                                                                                                                                                  The proposed plan and preferred remedy should be declared null
   15      29-Jan-05   email letter   Soils Superfund OU.                                      Ray               Dr. John W.   Butte, MT        Resident - Butte      15.12         Non-technical       Site-Wide              Human Health Risk       Environmental Justice                  and void.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                           Location/                                           Technical/
 ID No.      Date      Type                          Title/Opening Sentence                           Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal         Tier I Topic            Tier II Topic                Tier III Topic                                 Brief Comment Description

                                                                                                                                                                                                                                                                                               Wardell has a limited and discriminatory view of who constitutes
                                      The following is a complaint respectfully submitted and                                                                                                                                                                                                  the public in EPA's public involvement policies and procedures.
                                      directed against the Montana Office of EPA Director                                                                                                                Superfund Procedural                                                                  This makes achieving environmental justice for low-income
   16      31-Jan-05   email letter   John Wardell.                                           Ray                 Dr. John W.   Butte, MT        Resident - Butte      16.1          Non-technical       Issues                 Public Involvement      EPA limits public comment              citizens difficult.


                                                                                                                                                                                                                                                                                               Wardell said in a Jan 19 meeting that he considers input of local
                                      The following is a complaint respectfully submitted and                                                                                                                                                                                                  government to be the main indicator of public concerns and main
                                      directed against the Montana Office of EPA Director                                                                                                                Superfund Procedural                                                                  source of public input into decision-making process. This is not
   16      31-Jan-05   email letter   John Wardell.                                           Ray                 Dr. John W.   Butte, MT        Resident - Butte      16.2          Non-technical       Issues                 Public Involvement      EPA limits public comment              supported by Superfund Law.
                                                                                                                                                                                                                                                                                               EPA policy calls for early, continuous, and meaningful public
                                      The following is a complaint respectfully submitted and                                                                                                                                                                                                  involvement (numerous citations given). I ask that Mr. Wardell be
                                      directed against the Montana Office of EPA Director                                                                                                                Superfund Procedural                                                                  asked to follow EPA policy and use EPA's broad definition of what
   16      31-Jan-05   email letter   John Wardell.                                           Ray                 Dr. John W.   Butte, MT        Resident - Butte      16.3          Non-technical       Issues                 Public Involvement      EPA limits public comment              constitutes the public.


                                      I have been reading as assessment of the Superfund                                                                                                                                                                                                       OTA report assesses whether we are cleaning up Superfund
                                      Program by the US OTA, which was conducted at the                                                                                                                                                                                                        sites. The preferred alternative is not permanent and does not
                                      behest of the US congress, entitled: "Are we cleaning                                                                                                                                                                                                    reduce toxicity, mobility, or volume of waste. It will not revitalize
   17      3-Feb-05    email letter   up?"                                                  Ray                   Dr. John W.   Butte, MT        Resident - Butte      17.1          Non-technical       Site-Wide              General Comment         Commenter Opposes                      Butte Hill or protect human health.



                                      I have been reading as assessment of the Superfund                                                                                                                                                                                                       OTA conclusions apply to Butte: most RODS are ineffective, use
                                      Program by the US OTA, which was conducted at the                                                                                                                                                                                                        of caps does not provide permanent protection, EPA consistently
                                      behest of the US congress, entitled: "Are we cleaning                                                                                                                                                                                                    misapplies cost effectiveness criteria, EPA fails to use treatment
   17      31-Jan-05   email letter   up?"                                                  Ray                   Dr. John W.   Butte, MT        Resident - Butte      17.2          Non-technical       Site-Wide              General Comment         Commenter Opposes                      technologies that reduce toxicity, mobility, or volume of wastes.
                                      I have been reading as assessment of the Superfund
                                      Program by the US OTA, which was conducted at the                                                                                                                                                                                                        The conclusions of the OTA should lead EPA to abandon it's
                                      behest of the US congress, entitled: "Are we cleaning                                                                                                                                                                                                    waste left in place plan. EPA should clean up attic dust and
   17      31-Jan-05   email letter   up?"                                                  Ray                   Dr. John W.   Butte, MT        Resident - Butte      17.3          Non-technical       Site-Wide              General Comment         Commenter Opposes                      properly apply the cost criteria.

                                      The following is an addition to my environmental                                                                                                                                                                                                         Engineers and technical people find it difficult communicating with
                                      justice complaint against the Montana office of EPA                                                                                                                                                               Public Education/Technical             the general public, let alone low-income people who tend to suffer
   18      7-Feb-05    email letter   regarding Priority Soils.                                 Ray               Dr. John W.   Butte, MT        Resident - Butte      18.1          Non-technical       General Comment        Environmental Justice   Communication                          educationally compared to the rest of the population.
                                                                                                                                                                                                                                                                                               Public involvement was conducted by engineers and technically
                                                                                                                                                                                                                                                                                               trained people. Low income citizens of Butte would have been
                                      The following is an addition to my environmental                                                                                                                                                                                                         disparately and discriminatorily treated in terms of information
                                      justice complaint against the Montana office of EPA                                                                                                                                                               Public Education/Technical             dispersement and in terms of credibility assigned by EPA to their
   18      7-Feb-05    email letter   regarding Priority Soils.                                 Ray               Dr. John W.   Butte, MT        Resident - Butte      18.2          Non-technical       General Comment        Environmental Justice   Communication                          comments.
                                                                                                                                                                                                                                                                                               Public involvement activities (fact sheets, newspaper articles,
                                      The following is an addition to my environmental                                                                                                                                                                                                         interviews, meetings, citizen's work group) discriminated against
                                      justice complaint against the Montana office of EPA                                                                                                                                                               Public Education/Technical             the poor which is a violation of EPA's environmental Justice
   18      7-Feb-05    email letter   regarding Priority Soils.                                 Ray               Dr. John W.   Butte, MT        Resident - Butte      18.3          Non-technical       General Comment        Environmental Justice   Communication                          mandate.
                                                                                                                                                                                                                                                                                               EPA mandates that the public is involved in the Superfund
                                                                                                                                                                                                                                                                                               process through early, continuous, meaningful, and efficacious
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  involvement. The public's role is far beyond just hearing and
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.1          Non-technical       Issues                 Environmental Justice   Public involvement                     listening to public input.


                                                                                                                                                                                                                                                                                               Let us consider the meaning of these words (list of words he
                                                                                                                                                                                                                                                                                               defines first with Webster's and then with Blacks) because the
                                                                                                                                                                                                                                                                                               words used in Superfund should mean what they say. They are
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  used to describe and delineate the purview of public participation
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.2          Non-technical       Issues                 Environmental Justice   Public involvement                     in Superfund decision-making.
                                                                                                                                                                                                                                                                                               Neither the public nor the poor were involved or considered in the
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  development and execution of TCRA and emergency response
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.3          Non-technical       Issues                 Environmental Justice   Public involvement                     actions.
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  Public input has been ignored in the development of the Proposed
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.4          Non-technical       Issues                 Public Involvement      EPA disregards comments                Plan for Priority Soils.
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  Low-income citizens had no role in the RI/FS process or in the
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.5          Non-technical       Issues                 Environmental Justice   Public involvement                     development of the Proposed Plan.
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  EPA's failure to follow proper public participation procedures
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.6          Non-technical       Issues                 Environmental Justice   Public involvement                     denies environmental justice to the poor.
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  The poor have been substantively discriminated against by the
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.7          Non-technical       Issues                 Environmental Justice   Public involvement                     actions of the Montana Office of EPA.
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  The Montana Office of EPA uses an incorrect conceptualization of
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.8          Non-technical       Issues                 Environmental Justice   Public involvement                     the meaning of the term public.


                                                                                                                                                                                                                                                                                               The proposed Plan and Preferred Remedy for Butte Priority Soils
                                                                                                                                                                                                                                                                                               should be thrown out and a new Proposed Plan conducted in
                                      Procedural justice, public participation, environmental                                                                                                            Superfund Procedural                                                                  accordance with EPA's rules for public participation and
   19      13-Feb-05   email letter   justice and Priority Soils                                Ray               Dr. John W.   Butte, MT        Resident - Butte      19.9          Non-technical       Issues                 Environmental Justice   EPA disregards comments                environmental justice should be developed.


                                                                                                                                                                                                                                                                                               Not only has the development of the Proposed Plan for the Priority
                                                                                                                                                                                                                                                                                               Soils in Butte, Montana discriminated against the low-income
                                      Not only has the development of the Proposed Plan for                                                                                                                                                                                                    citizens who live within the site from a procedural/process
                                      the Priority Soils in Butte, Montana discriminated                                                                                                                 Superfund Procedural                                                                  perspective, but is substantially discriminates against low-income
   20      14-Feb-05   email letter   against the low-income citizens ….                    Ray                   Dr. John W.   Butte, MT        Resident - Butte      20.1          Non-technical       Issues                 Environmental Justice   Public involvement                     citizens living within Priority Soils.


                                      Not only has the development of the Proposed Plan for
                                      the Priority Soils in Butte, Montana discriminated
                                      against the low-income citizens who live within the site                                                                                                                                                                                                We can conclude that the Preferred Alternative for BPSOU
                                      from a procedural/process perspective, but is                                                                                                                                                                                                           violates the EPA mandate to promote environmental justice. In a
                                      substantially discriminates against low-income citizens                                                                                                                                                           EPA did not account for Environmental substantive sense the Preferred Alternative discriminated against
   20      14-Feb-05   email letter   living within Priority Soils.                            Ray                Dr. John W.   Butte, MT        Resident - Butte      20.2          Non-technical       Site-Wide              Environmental Justice   Justice                               the low-income citizens living at the site.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                                 Location/                                           Technical/
 ID No.      Date      Type                               Title/Opening Sentence                            Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                Tier II Topic                      Tier III Topic                                Brief Comment Description


                                          Not only has the development of the Proposed Plan for
                                          the Priority Soils in Butte, Montana discriminated
                                          against the low-income citizens who live within the site
                                          from a procedural/process perspective, but is
                                          substantially discriminates against low-income citizens                                                                                                                                                                                                            Health is directly related to income for a number of reasons
   20      14-Feb-05   email letter       living within Priority Soils.                            Ray                  Dr. John W.   Butte, MT        Resident - Butte      20.3          Non-technical       General Comment             Environmental Justice        Concerned about Health Effects/Risks (given).

                                          Not only has the development of the Proposed Plan for
                                          the Priority Soils in Butte, Montana discriminated                                                                                                                                                                                                                 These income related health problems are particularly evident in
   20      14-Feb-05   email letter       against the low-income citizens ….                    Ray                     Dr. John W.   Butte, MT        Resident - Butte      20.4          Non-technical       General Comment             Environmental Justice        Concerned about Health Effects/Risks children (studies cited).

                                          Not only has the development of the Proposed Plan for                                                                                                                                                                                                              It is clear that low-income residents living within the Butte Priority
                                          the Priority Soils in Butte, Montana discriminated                                                                                                                                                                                                                 Soils site experience severe health problems in comparison to the
   20      14-Feb-05   email letter       against the low-income citizens ….                    Ray                     Dr. John W.   Butte, MT        Resident - Butte      20.5          Non-technical       Site-Wide                   Environmental Justice        Concerned about Health Effects/Risks non-poor (studies cited).

                                          Not only has the development of the Proposed Plan for
                                          the Priority Soils in Butte, Montana discriminated                                                                                                                                                                                                                 Many of the Harmful Effects of Heavy Metals occur at Low-dose
   20      14-Feb-05   email letter       against the low-income citizens ….                    Ray                     Dr. John W.   Butte, MT        Resident - Butte      20.6          Non-technical       Site-Wide                   Environmental Justice        Concerned about Health Effects/Risks Levels (studies cited).
                                                                                                                                                                                                                                                                                                                The health risk assessments conducted at BPSOU failed to
                                          Not only has the development of the Proposed Plan for                                                                                                                                                                                                                 consider the health problems of the poor and failed to consider the
                                          the Priority Soils in Butte, Montana discriminated                                                                                                                                                                                                                    causal link between these health problems and exposure to toxic
   20      14-Feb-05   email letter       against the low-income citizens ….                    Ray                     Dr. John W.   Butte, MT        Resident - Butte      20.7          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                  metals.


                                                                                                                                                                                                                                                                                                                The principles of Pollution Prevention and the Precautionary
                                                                                                                                                                                                                                                                                                                Principle/Rule (citations given) were incorrectly ignored as ARARs
                                          Many of the ARARs for Priority Soils, as is the case at                                                                                                                                                                                                               by the Preferred Remedy. This is a serious failure which warrants
   21      15-Feb-05   email letter       most Superfund Sites, are state ARARs.                  Ray                   Dr. John W.   Butte, MT        Resident - Butte      21.1              Legal           Site-Wide                   Evaluation of NCP Criteria   Compliance with ARARs                   declaring the Proposed Plan null and void.
                                                                                                                                                                                                                                                                                                                Wastes should not be left in place, but EPA will not agree to this,
                                          Attached please find my suggested revisions to the                                                                                                                                                                                                                    so has proposed changes to existing plan that EPA should agree
   22      20-Feb-05   email attachment   Proposed Plan for ….                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      22.1          Non-technical       Site-Wide                   General Comment              Suggested Changes to PP                 to.


                                                                                                                                                                                                                                                                                                                1. A comprehensive, aggressive, and proactive remediation
                                                                                                                                                                                                                                                                                                                program for residential soil and indoor dust contamination. It
                                                                                                                                                                                                                                                                                                                includes: removal of major sources; programmatic and non-
                                                                                                                                                                                                                                                                                                                programmatic lead; sampling of all yards, living spaces, and attics;
                                                                                                                                                                                                                                                                                                                definition of pathway of exposure; no identification of source;
                                          Attached please find my suggested revisions to the                                                                                                                                                                                                                    public education; citizen committees; peer review; comparable
   22      20-Feb-05   email attachment   Proposed Plan for ….                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      22.2          Non-technical       Residential Metals          General Comment              Suggested Changes to PP                 action levels; and fast time frame.


                                                                                                                                                                                                                                                                                                                2. Proactive and aggressive remediation program for any and all
                                                                                                                                                                                                                                                                                                                sources of contamination such as waste dumps. It includes:
                                                                                                                                                                                                                                                                                                                caps; BRES; one cap repair only; encapsulation if repair fails;
                                          Attached please find my suggested revisions to the                                                                                                                   Solid Media/Waste Left in                                                                        innovative treatment for wastes in place; mine waste to depository,
   22      20-Feb-05   email attachment   Proposed Plan for ….                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      22.3          Non-technical       Place                       General Comment              Suggested Changes to PP                 IC's supporting EPA's Return to Use policy.


                                                                                                                                                                                                                                                                                                                Initial implementation of PA. Extensive investigation of unknowns;
                                                                                                                                                                                                                                                                                                                peer review if there is disagreement; reasonable time frame;
                                                                                                                                                                                                                                                                                                                extraction wells if standards not achieved in 18 months, followed
                                          Attached please find my suggested revisions to the                                                                                                                                                                                                                    by trenches and/or removal of wastes, if standards still not met;
   22      20-Feb-05   email attachment   Proposed Plan for ….                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      22.4          Non-technical       Parrott Tailings/MSD        General Comment              Suggested Changes to PP                 and automatic triggers.
                                          Attached please find my suggested revisions to the                                                                                                                   Surface Water - Storm                                                                            Reword page 45 to reflect progressive use of source controls.
   22      20-Feb-05   email attachment   Proposed Plan for ….                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      22.5          Non-technical       Water                       General Comment              Suggested Changes to PP                 Removal if controls are ineffective.
                                                                                                                                                                                                                                                                                                                Engage in long-range, formal planning; develop vision, goals,
                                                                                                                                                                                                                                                                                                                objectives, and activities to complete restoration/reclamation;
                                          Attached please find my suggested revisions to the                                                                                                                                                                                                                    choose removal unless there is compelling evidence to do
   22      20-Feb-05   email attachment   Proposed Plan for ….                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      22.6          Non-technical       Site-Wide                   General Comment              Suggested Changes to PP                 otherwise.


                                                                                                                                                                                                                                                                                                                The revisions have many advantages, including: increased
                                                                                                                                                                                                                                                                                                                protectiveness, automatic triggers, true cost-effectiveness, indoor
                                                                                                                                                                                                                                                                                                                dust addressed, environmental justice, faster implementation,
                                          Attached please find my suggested revisions to the                                                                                                                                                                                                                    preventative approach, permanence, incorporates Return to Use
   22      20-Feb-05   email attachment   Proposed Plan for ….                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      22.7          Non-technical       Site-Wide                   General Comment              Suggested Changes to PP                 and Precautionary Principles. etc.
                                                                                                                                                                                                                                                                                                                Because of the problems with the study (6 are cited in letter), it's
                                                                                                                                                                                                                                                                                                                conclusions regarding bioavailability should be discarded and the
                                          It seems that the Health Assessments for Butte                                                                                                                                                                                                                        assumption made that the lead, arsenic, and mercury is
                                          Priority Soils based their bioavailability projections on                                                                                                                                                                                                             bioavailable and remediation levels should reflect this
   23      5-Mar-05    email letter       the "Pig Study."                                            Ray               Dr. John W.   Butte, MT        Resident - Butte      23.1          Non-technical       Site-Wide                   Human Health Risk            Bioavailability Studies                 bioavailability.
                                          I would like to provide some additional information
                                          regarding the problems which I see regarding the                                                                                                                                                                                                                      The poor are at greater risk from pollution due to both
   24      7-Mar-05    email letter       HRA….                                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      24.1          Non-technical       Site-Wide                   Human Health Risk            Environmental Justice                   physiological and socio-economic factors.
                                          I would like to provide some additional information                                                                                                                                                                                                                   The HRA failed to consider the compromised health of the poor
                                          regarding the problems which I see regarding the                                                                                                                                                                                                                      and the effect of metals on them and the cumulative and
   24      7-Mar-05    email letter       HRA….                                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      24.2          Non-technical       Site-Wide                   Human Health Risk            Environmental Justice                   synergistic effect of metals on the poor.
                                          I would like to provide some additional information
                                          regarding the problems which I see regarding the                                                                                                                                                                                                                      The HRA were not "Community Based Health Risk Assessments"
   24      7-Mar-05    email letter       HRA….                                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      24.3          Non-technical       Site-Wide                   Human Health Risk            Environmental Justice                   as defined and mandated by EPA.
                                          I would like to provide some additional information
                                          regarding the problems which I see regarding the                                                                                                                                                                                                                      HRA is inherently linked to the application of the cost criterion of
   24      7-Mar-05    email letter       HRA….                                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      24.4          Non-technical       Site-Wide                   Human Health Risk            Environmental Justice                   Superfund which disparately affects the poor.
                                          I would like to provide some additional information                                                                                                                                                                                                                   The HRA based their bioavailability projections on the "Pig Study".
                                          regarding the problems which I see regarding the                                                                                                                                                                                                                      The Pig Study does not adequately assess bioavailability (six
   24      7-Mar-05    email letter       HRA….                                                       Ray               Dr. John W.   Butte, MT        Resident - Butte      24.5          Non-technical       Site-Wide                   Human Health Risk            Bioavailability Studies                 reasons cited).
                                          Attached please find a document which articulates
                                          additional arguments in favor of my proposed
                                          modifications to the Proposed plan … which I                                                                                                                                                                                                                          See comment 22. This builds on that submittal. Lists 44 reasons
   25      9-Mar-05    email attachment   submitted in February 2005.                                 Ray               Dr. John W.   Butte, MT        Resident - Butte      25.1          Non-technical       Site-Wide                   General Comment              Suggested Changes to PP                 why his approach is better.



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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                             Location/                                           Technical/
 ID No.      Date      Type                             Title/Opening Sentence                          Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal         Tier I Topic            Tier II Topic                     Tier III Topic                                Brief Comment Description


                                          Attached please find additional public comment….                                                                                                                                                                                                            This conclusively proves that the HRAs conducted at BPSOU
                                          Additional environmental justice Arguments as well as                                                                                                                                                                                                       were unsound and inaccurate using an unsupportable scientific
                                          Process Arguments/Complaints Regarding the HRAs                                                                                                                                                                                                             process. They cannot be used to justify or warrant action levels.
   26      10-Mar-05   email attachment   used at BPSOU                                         Ray                 Dr. John W.   Butte, MT        Resident - Butte      26.1          Non-technical       Site-Wide              Human Health Risk            Risk assessment flawed                 Also, they violated EPA's mandate to promote Envir. justice.


                                                                                                                                                                                                                                                                                                      Lists eight sources of scientific uncertainty as they apply to
                                                                                                                                                                                                                                                                                                      BPSOU: 1. HRAs should use epidemiological data, 2. a number
                                                                                                                                                                                                                                                                                                      of factors may introduce variance up to six orders of magnitude, 3.
                                                                                                                                                                                                                                                                                                      synergistic and antagonistic effects are underestimated, 4.
                                          Attached please find additional public comment….                                                                                                                                                                                                            maximum likelihood vs. upper confidence limits, 5. imprecise dose
                                          Additional environmental justice Arguments as well as                                                                                                                                                                                                       scaling, 6. mathematical modeling was imprecise, 7. multiplicative
                                          Process Arguments/Complaints Regarding the HRAs                                                                                                                                                                                                             errors from assumptions, and 8. inherent uncertainty allows bias
   26      10-Mar-05   email attachment   used at BPSOU                                         Ray                 Dr. John W.   Butte, MT        Resident - Butte      26.2          Non-technical       Site-Wide              Human Health Risk            Risk assessment flawed                 to permeate the process.
                                                                                                                                                                                                                                                                                                      Uncertainty and biases would mandate EPA use of the
                                          Attached please find additional public comment….                                                                                                                                                                                                            precautionary approach and Precautionary Principle in setting
                                          Additional environmental justice Arguments as well as                                                                                                                                                                                                       exposure standards. Uncertainty has lead (sic) to a lack of
                                          Process Arguments/Complaints Regarding the HRAs                                                                                                                                                                                                             standardization of assumptions in calculating health risks. HRA
   26      10-Mar-05   email attachment   used at BPSOU                                         Ray                 Dr. John W.   Butte, MT        Resident - Butte      26.3          Non-technical       Site-Wide              Human Health Risk            Risk assessment flawed                 should be standardized.


                                          Attached please find additional public comment….                                                                                                                                                                                                           Because of these inherent problems, the most protective
                                          Additional environmental justice Arguments as well as                                                                                                                                                                                                      standards should be used, rather than the most permissive. By
                                          Process Arguments/Complaints Regarding the HRAs                                                                                                                                                                      EPA did not account for Environmental using permissive standards, EPA is discriminating against the low-
   26      10-Mar-05   email attachment   used at BPSOU                                         Ray                 Dr. John W.   Butte, MT        Resident - Butte      26.4          Non-technical       Site-Wide              Environmental Justice        Justice                               income citizens and is violating the environmental justice mandate.



                                                                                                                                                                                                                                                                                                     Compares actions taken by Montana EPA with statutory authority
                                                                                                                                                                                                                                                                                                     available to and mandated by statutes and rules/regulations
                                                                                                                                                                                                                                                                                                     governing the implementation of environmental justice into EPA
                                                                                                                                                                                                                                                                                                     programs. Lists 15 points which show how EPA failed to consider
                                          Attached please find a new statutory based                                                                                                                                                                           EPA did not account for Environmental the environmental justice issues or incorporate environmental
   27      11-Mar-05   email attachment   environmental justice complaint regarding BPSOU.       Ray                Dr. John W.   Butte, MT        Resident - Butte      27.1          Non-technical       Site-Wide              Environmental Justice        Justice                               justice concerns. Many are similar and are grouped below.


                                                                                                                                                                                                                                                                                                      Failed to consider the cumulative and/or synergistic impacts on
                                                                                                                                                                                                                                                                                                      low-income residents, especially since they often suffer from poor
                                                                                                                                                                                                                                                                                                      health anyway. No attempt was made to assess the health of this
                                          Attached please find a new statutory based                                                                                                                                                                                                                  population. EPA rejected health info that spoke of these health
   27      11-Mar-05   email attachment   environmental justice complaint regarding BPSOU.       Ray                Dr. John W.   Butte, MT        Resident - Butte      27.2          Non-technical       Site-Wide              Human Health Risk            Risk assessment flawed                 effects. No consideration of bioaccumulation.
                                                                                                                                                                                                                                                                                                     Uncertainty about the site should have warranted consideration of
                                          Attached please find a new statutory based                                                                                                                                                                           EPA did not account for Environmental the Precautionary Principle and the Principle of Pollution
   27      11-Mar-05   email attachment   environmental justice complaint regarding BPSOU.       Ray                Dr. John W.   Butte, MT        Resident - Butte      27.3          Non-technical       Site-Wide              Environmental Justice        Justice                               Prevention.

                                          Attached please find a new statutory based                                                                                                                       Superfund Procedural                                                                       Low-income citizens had no input into the development of the
   27      11-Mar-05   email attachment   environmental justice complaint regarding BPSOU.       Ray                Dr. John W.   Butte, MT        Resident - Butte      27.4          Non-technical       Issues                 Environmental Justice        Public involvement                     Proposed Plan. There was no pro-active engagement.
                                                                                                                                                                                                                                                                                                      There are long-term efficacy and effectiveness problems
                                          Attached please find a new statutory based                                                                                                                                                                           Long-Term Effectiveness and            associated with the preferred alternatives due to waste left in
   27      11-Mar-05   email attachment   environmental justice complaint regarding BPSOU.       Ray                Dr. John W.   Butte, MT        Resident - Butte      27.5          Non-technical       Site-Wide              Evaluation of NCP Criteria   Permanence                             place.

                                          Attached please find a new statutory based                                                                                                                       Superfund Procedural
   27      11-Mar-05   email attachment   environmental justice complaint regarding BPSOU.       Ray                Dr. John W.   Butte, MT        Resident - Butte      27.6              Legal           Issues                 Environmental Justice        Compliance with ARARs                  Montana EPA ignored environmental justice as an ARAR.
                                          Attached please find a document wherein I compare
                                          the Proposed Remedy with the criteria for a just public                                                                                                                                                              EPA did not account for Environmental The attached document provides thirteen counts of indictment
   28      16-Mar-05   email attachment   decision.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte      28.1          Non-technical       Site-Wide              Environmental Justice        Justice                               against the Preferred Alternative for Priority Soils.


                                                                                                                                                                                                                                                                                                     Justice is a complex concept with many meanings (followed by 14
                                                                                                                                                                                                                                                                                                     "meanings", most of which have been included in other comments
                                          Attached please find a document wherein I compare                                                                                                                                                                                                          from this commenter, including: Black's Law Dictionary definition,
                                          the Proposed Remedy with the criteria for a just public                                                                                                                                                              EPA did not account for Environmental Aristotle's definition, Kant's formulation, The Golden Rule, the
   28      16-Mar-05   email attachment   decision.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte      28.2          Non-technical       Site-Wide              Environmental Justice        Justice                               Categorical Imperative, etc.



                                                                                                                                                                                                                                                                                                     As with all law, Superfund law was created to bring justice to
                                                                                                                                                                                                                                                                                                     society. The EPA obligation to promote Environmental Justice
                                                                                                                                                                                                                                                                                                     adds a moral and ethical dimension to agency decision-making.
                                                                                                                                                                                                                                                                                                     EPA has many positions it has to justify (13 questions cited - all
                                                                                                                                                                                                                                                                                                     included in previous submissions by this commenter), including:
                                                                                                                                                                                                                                                                                                     protectiveness of waste in place, flawed HRAs, exclusion of the
                                                                                                                                                                                                                                                                                                     poor from decision-making process, disparate and
                                          Attached please find a document wherein I compare                                                                                                                                                                                                          disproportionate toxics burden on poor, failure to consider
                                          the Proposed Remedy with the criteria for a just public                                                                                                                                                              EPA did not account for Environmental Precautionary Principle and Pollution Prevention, inadequate
   28      16-Mar-05   email attachment   decision.                                               Ray               Dr. John W.   Butte, MT        Resident - Butte      28.3          Non-technical       Site-Wide              Environmental Justice        Justice                               exposure standards, and use of cost-benefit analysis.


                                                                                                                                                                                                                                                                                                     The only people speaking for waste in place are ARCO, ARCO's
                                          Public Participation, Corporations, Corporate PRP                                                                                                                                                                                                          consultants, or people who work for ARCO. This testimony
                                          Liability, Perpetual Treatment and O&M, Waste-in-                                                                                                                                                                    EPA did not account for Environmental should be suspect, as the job of corporations is to save their
   29      17-Mar-05   email letter       Place and the Remedy for Butte Priority Soils.         Ray                Dr. John W.   Butte, MT        Resident - Butte      29.1          Non-technical       Site-Wide              Environmental Justice        Justice                               shareholders money and waste in place saves money.


                                                                                                                                                                                                                                                                                                      12-page discussion of the nature of the common good,
                                                                                                                                                                                                                                                                                                      corporations, the role of government, causes of the problem, the
                                                                                                                                                                                                                                                                                                      power of US corporations, relationship of economic power to
                                                                                                                                                                                                                                                                                                      political power, corporate liability, bankruptcy (including Montana
                                          Public Participation, Corporations, Corporate PRP                                                                                                                                                                                                           examples), rationale for limiting corporate ability to escape liability
                                          Liability, Perpetual Treatment and O&M, Waste-in-                                                                                                                                                                                                           through bankruptcy, and environmental liability inadequacies of the
   29      17-Mar-05   email letter       Place and the Remedy for Butte Priority Soils.         Ray                Dr. John W.   Butte, MT        Resident - Butte      29.2          Non-technical       Site-Wide              General Comment              Bankruptcy Risk                        current bankruptcy law.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                                 Location/                                           Technical/
 ID No.      Date      Type                              Title/Opening Sentence                             Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                     Tier II Topic                 Tier III Topic                              Brief Comment Description


                                          Public Participation, Corporations, Corporate PRP                                                                                                                                                                                                                   The best clean up is to remove the wastes now and not rely on
                                          Liability, Perpetual Treatment and O&M, Waste-in-                                                                                                                                                                                                                   ARCO to do long-term monitoring & maintenance. IT is too risky,
   29      17-Mar-05   email letter       Place and the Remedy for Butte Priority Soils.              Ray               Dr. John W.   Butte, MT        Resident - Butte      29.3          Non-technical       Site-Wide                   General Comment              Bankruptcy Risk                       given the incentive for bankruptcy.

                                                                                                                                                                                                                                                                                                              Remediation plan currently in place along railroad does not
                                                                                                                                                                                                               Solid Media/Waste Left in                                                                      adequately clean up existing contamination. Contaminated
   30      16-Mar-05   email letter       I have two concerns about the BPSOU Proposed Plan. Stickney                   Mike          Butte, MT        Resident - Butte      30.1            Technical         Place                       Railroad Beds                Reclamation needed                    materials is visible and is being spread by wind and storm water.
                                                                                                                                                                                                                                                                                                              Hydrogeologic data from new wells appear to refute conclusions
                                                                                                                                                                                                                                                                                                              made by EPA, yet it appears that the decision to not remove the
   30      16-Mar-05   email letter       I have two concerns about the BPSOU Proposed Plan.          Stickney          Mike          Butte, MT        Resident - Butte      30.2            Technical         Parrott Tailings/MSD        Characterization             Inadequate characterization           tailings has already been made.
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment did not consider multiple COCs and relied on
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.1          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                animal testing
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider latency from exposure to
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.2          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                effects
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider environmental factors
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.3          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                including physiochemical, biological, and socioeconomic
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider stochastic and non-stochastic
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.4          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                effects
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider the state and characteristics of
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.5          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                arsenic
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider data presented in the Imagine
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.6          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                Butte Health study
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk Assessment failed to consider metal synergism or metal
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.7          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                antagonism
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider interaction of cadmium with
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.8          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                zinc, selenium, calcium, and vitamin D
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessments did not consider low-income status as a
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.9          Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                variable
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider sub-clinical effects of heavy
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.10         Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                metals
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment gave insufficient attention to effects of low doses
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.11         Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                on fetuses and infants
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to adequately characterize the effects of
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.12         Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                low doses on human health
                                          Health Risks, Uncertainty, Casualty, Toxics and
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.13         Non-technical       Site-Wide                   Human Health Risk            Bioavailability Studies               Bioavailability values relied on animal testing
                                          Health Risks, Uncertainty, Casualty, Toxics and                                                                                                                                                                                                                     Risk assessment failed to consider exposure scenario of low-
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.14         Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                income citizens
                                          Health Risks, Uncertainty, Casualty, Toxics and
   31      18-Mar-05   email attachment   Priority Soils                                              Ray               Dr. John W.   Butte, MT        Resident - Butte      31.15         Non-technical       Site-Wide                   Human Health Risk            Risk assessment flawed                RA failed to consider Precautionary Principle
                                          Butte Priority Soils Preferred Alternative is at variance                                                                                                                                                                     Reduction of Toxicity, Mobility and   NCP: cannot have remedy that does not reduce
   32      18-Mar-05   email letter       with and contrary to NCP                                    Ray               Dr. John W.   Butte, MT        Resident - Butte      32.1          Non-technical       Site-Wide                   Evaluation of NCP Criteria   Volume                                toxicity/mobility/volume of contaminants
                                          Butte Priority Soils Preferred Alternative is at variance                                                                                                                                                                                                           NCP: Cost criterion was improperly applied when selecting the
   32      18-Mar-05   email letter       with and contrary to NCP                                    Ray               Dr. John W.   Butte, MT        Resident - Butte      32.2          Non-technical       Site-Wide                   Evaluation of NCP Criteria   Evaluation/Weighing of Cost           remedy
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.1          Non-Technical       Place                       Redevelopment                Economic Effects                      Waste left in place will be an impairment to economic revitalization
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Superfund Procedural
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.2          Non-Technical       Issues                      Redevelopment                Land Use                              EPA did not follow guidance on land reuse
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Superfund Procedural
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.3          Non-Technical       Issues                      Redevelopment                Land Use                              EPA did not follow guidance on land reuse
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Superfund Procedural
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.4          Non-Technical       Issues                      RASD                         Land Use                              Previous actions and RASD did not follow land reuse guidance
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Superfund Procedural
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.5          Non-Technical       Issues                      Redevelopment                Land Use                              Proposed plan does not follow land reuse guidance
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.6          Non-Technical       Place                       Redevelopment                Economic Effects                      Waste left in place will hinder economic redevelopment
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.7          Non-Technical       Place                       Redevelopment                Economic Effects                      Waste left in place will negatively affect housing values
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in                                                                      Low-income residents live in BPSOU and are therefore economic
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.8          Non-Technical       Place                       Environmental Justice        Economic Effects                      effects discriminate against low-income
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Superfund Procedural
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.9          Non-Technical       Issues                      Redevelopment                Economic Effects                      Remedy needs to follow reuse/revitalization guidance
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.10         Non-Technical       Place                       Redevelopment                Economic Effects                      Waste left in place will hinder economic redevelopment
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.11         Non-Technical       Place                       Redevelopment                Economic Effects                      Waste left in place will hinder economic redevelopment
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Surface Water - Storm
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.12             Legal           Water                       Liability                    Local Government Liability            Local government is PRP for storm water
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.13         Non-Technical       Site-Wide                   Extent of Removal            For Removal                           Support maximum removal
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in                                                                      Past, current, and future landowners will be liable for waste left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.14             Legal           Place                       Liability                    Property/Landowner Liability          place
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.15             Legal           Place                       Liability                    Property/Landowner Liability          CERCLA is in effect a lien on property
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.16             Legal           Place                       Liability                    Property/Landowner Liability          CERCLA liability
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.17             Legal           Place                       Liability                    Property/Landowner Liability          CERCLA liability
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.18             Legal           Place                       Liability                    Property/Landowner Liability          CERCLA liability
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.19             Legal           Place                       Liability                    Property/Landowner Liability          CERCLA liability
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.20             Legal           Place                       Liability                    Property/Landowner Liability          CERCLA liability
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                                  Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                     Ray               Dr. John W.   Butte, MT        Resident - Butte      33.21             Legal           Place                       Liability                    Property/Landowner Liability          CERCLA liability



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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                              Location/                                           Technical/
 ID No.      Date      Type                              Title/Opening Sentence                          Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                     Tier II Topic                 Tier III Topic                                Brief Comment Description
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in                                                                                                               Solid Media/Waste Left in
   33      19-Mar-05   email attachment   Place….                                                  Ray               Dr. John W.   Butte, MT        Resident - Butte      33.22             Legal           Place                       Liability                    Property/Landowner Liability            CERCLA liability
                                          Anaconda Montana (B-Mart pullout), Leaving Waste in
   33      19-Mar-05   email attachment   Place….                                                  Ray               Dr. John W.   Butte, MT        Resident - Butte      33.23         Non-technical       Site-Wide                   Extent of Removal            For Removal                             Advocates maximum removal of wastes
                                          Superfund, Land Re-Use, Anaconda, MT and Butte
   34      19-Mar-05   email letter       MT and the Montana Office of EPA                         Ray               Dr. John W.   Butte, MT        Resident - Butte      34.1          Non-Technical       General Comment             Unrelated Topic              Out of scope                            Comment is about Anaconda
                                          Superfund, Land Re-Use, Anaconda, MT and Butte                                                                                                                    Solid Media/Waste Left in
   34      19-Mar-05   email letter       MT and the Montana Office of EPA                         Ray               Dr. John W.   Butte, MT        Resident - Butte      34.2          Non-Technical       Place                       Redevelopment                Economic Effects                        Implications of Anaconda/Bimart situation on Butte
                                          Superfund, Land Re-Use, Anaconda, MT and Butte                                                                                                                    Superfund Procedural
   34      19-Mar-05   email letter       MT and the Montana Office of EPA                         Ray               Dr. John W.   Butte, MT        Resident - Butte      34.3          Non-Technical       Issues                      Redevelopment                Economic Effects                        Remedy needs to follow reuse/revitalization guidance
                                                                                                                                                                                                                                                                                                           The Montana EPA office has misconstrued and misapplied the
                                                                                                                                                                                                                                                                                                           cost effectiveness criterion by confusing cost effectiveness with
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                   Superfund Procedural                                                                           cost benefit analysis and by improperly applying the cost
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.1          Non-Technical       Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost           effectiveness criteria
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                   Superfund Procedural                                     EPA did not account for Environmental The cost effectiveness issue affects whether or not citizens of
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.2          Non-Technical       Issues                      Environmental Justice        Justice                               Butte will be afforded environmental justice
                                                                                                                                                                                                                                                                                                             The use of cost-benefit analysis (instead of cost effectiveness)
                                                                                                                                                                                                                                                                                                             gives more weight to cost because it is quantifiable, rather than
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                   Superfund Procedural                                                                             benefits such as public health that is impossible to quantify in
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.3          Non-Technical       Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost             dollar amounts
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                   Superfund Procedural                                                                             Cost as secondary to protecting human health and the
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.4          Non-Technical       Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost             environment
                                                                                                                                                                                                                                                                                                             Feels that the waste in place/capping remedy is a short-term,
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                   Superfund Procedural                                                                             inexpensive, and impermanent remedy and that EPA selected it
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.5          Non-Technical       Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost             because it was cheaper

                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                   Superfund Procedural                                                                             The human health risk assessment was used as a foundation for
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.6          Non-Technical       Issues                      Evaluation of NCP Criteria   Evaluation/Weighing of Cost             the cost/benefit analysis - disagrees with EPA's analysis
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                   Superfund Procedural                                     EPA did not account for Environmental   Montana EPA made no effort to reach out and include the poor in
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.7          Non-Technical       Issues                      Environmental Justice        Justice                                 decision making - violates environmental justice
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                                                                            Public Education/Technical
   35      20-Mar-05   email attachment   Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.8          Non-Technical       General Comment             Public involvement           Communication                           Engineers/scientists are not good at talking to the general public
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                                                                            Protectiveness of human health and      Definition of "health" as a state of being, sound, whole in body,
   35      20-Mar-05   email letter       Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.9          Non-technical       Site-Wide                   Waste left in place          the environment                         mind, soul, and that EPA does not protect "health"
                                          Cost Effectiveness Analysis versus Cost Benefit                                                                                                                                                                                                                    Maximum removal should take place to maximize the attainment of
   35      20-Mar-05   email letter       Analysis at BPSOU                                        Ray               Dr. John W.   Butte, MT        Resident - Butte      35.10         Non-technical       Site-Wide                   Extent of Removal            For Removal                             public health and environmental protection
                                          Issue paper on the bioavailability and bioaccumulation
   36      21-Mar-05   email attachment   of metals                                                Ray               Dr. John W.   Butte, MT        Resident - Butte      36.1            Technical         Site-Wide                   Human Health Risk            Bioavailability Studies                 Bioavailability and bioaccumulation not accounted for in the HHRA
                                          Environmental Racism and Biased Methods of Risk
   37      21-Mar-05   email attachment   Assessment                                               Ray               Dr. John W.   Butte, MT        Resident - Butte      37.1          Non-Technical       Site-Wide                   Environmental Justice        General Comment                         Attached document only. No comment to address

   38      21-Mar-05   email attachment   Preventing child exposure to Environmental hazards       Ray               Dr. John W.   Butte, MT        Resident - Butte      38.1          Non-Technical       Site-Wide                   Human Health Risk            Risk assessment flawed                  HHRA did not adequately assess risk to children
                                          Waste Management and Risk Assessment:
   39      21-Mar-05   email attachment   Environmental Discrimination through Regulation          Ray               Dr. John W.   Butte, MT        Resident - Butte      39.1          Non-Technical       Site-Wide                   Environmental Justice        General Comment                         Attached document only. No comment to address

   40      21-Mar-05   email attachment   Civic Environmentalism, continued                        Ray               Dr. John W.   Butte, MT        Resident - Butte      40.1          Non-Technical       Site-Wide                   Environmental Justice        General Comment                         Attached document only. No comment to address

   41      21-Mar-05   email attachment   Children in Harm's Way                                   Ray               Dr. John W.   Butte, MT        Resident - Butte      41.1          Non-Technical       Site-Wide                   Human Health Risk            Risk assessment flawed                  HHRA did not adequately assess risk to children

   42      21-Mar-05   email attachment   Chapter 8: risk Reduction and Environmental Justice      Ray               Dr. John W.   Butte, MT        Resident - Butte      42.1          Non-Technical       Site-Wide                   Environmental Justice        General Comment                         Attached document only. No comment to address

   43      21-Mar-05   email attachment   Environmental Health Criteria 18 - Arsenic               Ray               Dr. John W.   Butte, MT        Resident - Butte      41.1          Non-Technical       Site-Wide                   Human Health Risk            Risk assessment flawed                  Attached document only. No comment to address
                                          Attached is a document which clearly shows the
   44      21-Mar-05   email attachment   uncertainties of risk assessment                         Ray               Dr. John W.   Butte, MT        Resident - Butte      44.1            Technical         Site-Wide                   Human Health Risk            Risk assessment flawed                  Risk assessments are not certain.
                                          Please consider as public comment the attached
                                          document regarding the serious health effects of                                                                                                                                                                                                                   There are serious health effects associated with mercury
   45      21-Mar-05   email attachment   mercury exposure at BPSOU.                               Ray               Dr. John W.   Butte, MT        Resident - Butte      45.1            Technical         Site-Wide                   Human Health Risk            mercury                                 exposure in the BPSOU.
                                          Please consider the attached document detailing the
                                          toxic effects of arsenic such as that found at Butte                                                                                                                                                                                                               Being exposed to arsenic such as that found at Butte Priority Soils
   46      21-Mar-05   email attachment   Priority Soils.                                          Ray               Dr. John W.   Butte, MT        Resident - Butte      46.1            Technical         Site-Wide                   Human Health Risk            Arsenic                                 can have a toxic effect.
                                          Please consider the attached document as public
                                          comment regarding the health effects of cadmium
   47      21-Mar-05   email attachment   present at Butte Priority Soils.                         Ray               Dr. John W.   Butte, MT        Resident - Butte      47.1            Technical         Site-Wide                   Human Health Risk            cadmium                                 Cadmium at the Butte Priority Soils has health effects.

                                          Please consider the attached as public comment
   48      21-Mar-05   email attachment   regarding the arsenic present at BPSOU.                  Ray               Dr. John W.   Butte, MT        Resident - Butte      48.1            Technical         Site-Wide                   Human Health Risk            Arsenic                                 General description of arsenic trioxide.
                                          Please consider the attached as public comment
   49      21-Mar-05   email attachment   regarding the lead found at BPSOU.                       Ray               Dr. John W.   Butte, MT        Resident - Butte      49.1            Technical         Site-Wide                   Human Health Risk            lead                                    General description of lead found at BPSOU.

                                          Please consider the attached as public comment                                                                                                                                                                                                                  Analysis paper: Impact of Lead-Contaminated Soil on Public
   50      21-Mar-05   email attachment   regarding the lead found in soils within the BPSOU.      Ray               Dr. John W.   Butte, MT        Resident - Butte      50.1            Technical         Site-Wide                   Human Health Risk            lead                                 Health.
                                          Attached document is submitted as public comment                                                                                                                                                                                                                Health Effects of the 20 Most Dangerous Substances Found at
   51      21-Mar-05   email attachment   on health effects of toxics at BPSOU.)                   Ray               Dr. John W.   Butte, MT        Resident - Butte      51.1            Technical         Site-Wide                   Human Health Risk            Concerned about Health Effects/Risks Superfund Sites.

                                          Attached please find documents attesting to the
   52      21-Mar-05   email attachment   serious health effects of the contaminants at BPSOU.     Ray               Dr. John W.   Butte, MT        Resident - Butte      52.1            Technical         Site-Wide                   Human Health Risk            Arsenic                                 ATSDR - Public Health Statement Arsenic.

                                          Attached please find documents attesting to the
   52      21-Mar-05   email attachment   serious health effects of the contaminants at BPSOU.     Ray               Dr. John W.   Butte, MT        Resident - Butte      52.2            Technical         Site-Wide                   Human Health Risk            cadmium                                 ATSDR - Public Health Statement Cadmium.

                                          Attached please find documents attesting to the
   52      21-Mar-05   email attachment   serious health effects of the contaminants at BPSOU.     Ray               Dr. John W.   Butte, MT        Resident - Butte      52.3            Technical         Site-Wide                   Human Health Risk            lead                                    ATSDR - Public Health Statement Lead.

                                          Attached please find documents attesting to the
   52      21-Mar-05   email attachment   serious health effects of the contaminants at BPSOU.     Ray               Dr. John W.   Butte, MT        Resident - Butte      52.4            Technical         Site-Wide                   Human Health Risk            mercury                                 ATSDR - Public Health Statement Mercury.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                                Location/                                           Technical/
 ID No.      Date      Type                              Title/Opening Sentence                            Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                     Tier III Topic                                Brief Comment Description


                                          Attached please find a document I would like to submit                                                                                                                                                                                                              Environmental justice laws were not used to develop the Proposed
                                          under public comment to the EPA regarding                                                                                                                                                                                     EPA did not account for Environmental Plan, violating the EPA mandate to foster and promote
   53      21-Mar-05   email attachment   environmental justice and Butte Priority Soils.        Ray                   Dr. John W.   Butte, MT        Resident - Butte      53.1          Non-technical       Site-Wide                   Environmental Justice         Justice                               environmental justice.

                                          Attached please find a document I would like to submit                                                                                                                                                                                                              Asks that the responsiveness summary address why federal laws
                                          under public comment to the EPA regarding                                                                                                                                                                                     EPA did not account for Environmental about environmental justice were not used to ensure
   53      21-Mar-05   email attachment   environmental justice and Butte Priority Soils.        Ray                   Dr. John W.   Butte, MT        Resident - Butte      53.2          Non-technical       Site-Wide                   Environmental Justice         Justice                               environmental justice at BPSOU.

                                          Attached please find a document I would like to submit                                                                                                                                                                                                              Environmental Law Institute Research Report: Opportunities for
                                          under public comment to the EPA regarding                                                                                                                                                                                     EPA did not account for Environmental Advancing Environmental Justice: An Analysis of U.S. EPA
   53      21-Mar-05   email attachment   environmental justice and Butte Priority Soils.        Ray                   Dr. John W.   Butte, MT        Resident - Butte      53.3          Non-technical       Site-Wide                   Environmental Justice         Justice                               Statutory Authorities.
                                                                                                                                                                                                                                                                                                               Asks that the recommendations in "Protecting Public Health at
                                          The attached document is being submitted as part of                                                                                                                                                                                                                  Superfund Sites: Can Institutional Controls Meet the Challenge?"
   54      21-Mar-05   email attachment   the public comment period for BPSOU.                      Ray                Dr. John W.   Butte, MT        Resident - Butte      54.1          Non-technical       Site-Wide                   Institutional controls        Implementability and Effectiveness     be adopted.
                                          The attached document is being submitted as part of                                                                                                                                                                                                                  "Protecting Public Health at Superfund Sites: Can Institutional
   54      21-Mar-05   email attachment   the public comment period for BPSOU.                      Ray                Dr. John W.   Butte, MT        Resident - Butte      54.2          Non-technical       Site-Wide                   Institutional controls        Implementability and Effectiveness     Controls Meet the Challenge?"
                                                                                                                                                                                                                                                                                                              Suggests that provisions of the federal laws cited in the attached
                                          Attached please find a report which I am submitting                                                                                                                                                                           EPA did not account for Environmental article be used to promote environmental justice as part of the
   55      21-Mar-05   email attachment   under the public comment provisions for BPSOU.            Ray                Dr. John W.   Butte, MT        Resident - Butte      55.1          Non-technical       Site-Wide                   Environmental Justice         Justice                               ROD for BPSOU.

                                          Attached please find a report which I am submitting                                                                                                                                                                           EPA did not account for Environmental "A Citizen's Guide to Using Federal Environmental Laws to Secure
   55      21-Mar-05   email attachment   under the public comment provisions for BPSOU.            Ray                Dr. John W.   Butte, MT        Resident - Butte      55.2          Non-technical       Site-Wide                   Environmental Justice         Justice                               Environmental Justice."

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                         Soils and/or Interior/Attic                                        When they bought their house 10 years ago they weren't aware
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.1          Non-technical       Residential Metals          Dust                          Concerned about Health Effects/Risks they would be exposed to heavy metals.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                                                            Disturbed to learn incidences of cancer in Butte are higher than
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.2          Non-technical       Site-Wide                   Human Health Risk             Concerned about Health Effects/Risks the state and national average and is growing rather than slowing.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                       Public Education/Technical             Information and science involved are confusing, which causes
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.3          Non-technical       Site-Wide                   General Comment               Communication                          worry.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                                                              What does EPA know about arsenic and other heavy metals and
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.4          Non-technical       Site-Wide                   Human Health Risk             Arsenic                                how they affect people who have heavy, long term exposure?

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                                                              Why is action level for arsenic higher in Montana than in the rest
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.5          Non-technical       Site-Wide                   Human Health Risk             Action Levels                          of the country?

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.6          Non-technical       Site-Wide                   Human Health Risk             Arsenic                                Does EPA really know what level of exposure to arsenic is safe?

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                                                              Does anyone know what normal background levels of arsenic in
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.7          Non-technical       Site-Wide                   Human Health Risk             Arsenic                                the area are?

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.8          Non-technical       Site-Wide                   Human Health Risk             Arsenic                                Has information about normal levels of arsenic been published?

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.9          Non-technical       Site-Wide                   General Comment               General Comment                        Butte deserves best possible cleanup.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.10         Non-technical       Site-Wide                   General Comment               General Comment                        Cleanup should be done now.
                                                                                                                                                                                                                                                                                                               EPA needs to start a comprehensive education program about
                                          I am writing to inform you of my comments regarding                                                                                                                                                                                                                  lead abatement and how to reduce exposure to mine waste. The
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                       Public Education/Technical             program should include a air quality program and cleanup of
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.11         Non-technical       Site-Wide                   Public involvement            Communication                          homes.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                                                              The Parrott tailings and tailings around railroad beds that are still
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.12           Technical         Parrott Tailings/MSD        Extent of Removal             For Removal                            exposed should be completely removed.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                                                              There is a pond at Lower Area One that doesn't seem to be
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.13           Technical         Lower Area One              Treatment Lagoons             Performance - general                  functioning properly, so it should be fixed.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                             Solid Media/Waste Left in                                                                        All mine waste - capped or otherwise - on the hill should be
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.14         Non-technical       Place                       Reclamation                   Reclamation specifications             removed to a point that trees can grow on the dumps.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                             Granite Mountain Memorial                                                                        The road to the memorial should be paved and the area should be
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.15         Non-technical       Area                      Reclamation                     Reclamation needed                     cleaned up so that it doesn't resemble a moonscape.

                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                         Long-term Operations and                                             There should be enough funding and controls to make sure
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.16         Non-technical       Site-Wide                   Maintenance                   Funding                                cleanup lasts forever.



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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                                Location/                                           Technical/
 ID No.      Date      Type                              Title/Opening Sentence                            Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                     Tier III Topic                               Brief Comment Description


                                          I am writing to inform you of my comments regarding
                                          the Butte Priority Soils cleanup, or the cleanup of our                                                                                                                                                                                                             EPA should take advantage of opportunity to create jobs and
   56      19-Mar-05   email attachment   town and neighborhoods as I see it.                       Link               Carol         Butte, MT        Resident - Butte      56.17         Non-technical       Site-Wide                   Redevelopment                 Economic Effects                      educational programs through the cleanup.
                                          Why waste the time of the people of Butte on your                                                                                                                   Superfund Procedural                                                                            The cleanup plan was crafted in secret and is a done deal, making
   57      15-Mar-05   letter             cleanup plans?                                            Myers              Serge         Anaconda, MT     Non-Resident          57.1          Non-technical       Issues                      Public involvement            EPA disregards comments               public input meaningless.
                                          Why waste the time of the people of Butte on your
   57      15-Mar-05   letter             cleanup plans?                                            Myers              Serge         Anaconda, MT     Non-Resident          57.2          Non-technical       Site-Wide                   General Comment               Commenter Opposes                     Don't let outside interests determine reclamation.
                                                                                                                                                                                                                                                                                                              Plan will affect residents forever, so EPA must take into account
                                          Why waste the time of the people of Butte on your                                                                                                                                                                                                                   what citizens' want. In Opportunity residents' input about mine
   57      15-Mar-05   letter             cleanup plans?                                            Myers              Serge         Anaconda, MT     Non-Resident          57.3          Non-technical       Site-Wide                   Evaluation of NCP Criteria    Community Acceptance                  waste was meaningless.
                                          Why waste the time of the people of Butte on your
   57      15-Mar-05   letter             cleanup plans?                                            Myers              Serge         Anaconda, MT     Non-Resident          57.4          Non-technical       Site-Wide                   General Comment               Timeframe                             Do not take 100 years to do this cleanup.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully                                                                                                                                                                                                                        The plan to build a water treatment facility and only address water
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.1          Non-technical       Lower Area One              Capture and Treatment         General Comment                       contamination is not adequate.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.2          Non-technical       Site-Wide                   Extent of Removal             For Removal                           Tailings and other sources of pollution should not be left in place.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully                                                                                                                                                                                                                        Citizens' health and economic well-being adversely affected by
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.3          Non-technical       Site-Wide                   General Comment               Commenter Opposes                     failure to completely cleanup the toxins.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.4          Non-technical       Site-Wide                   Environmental Justice         Concerned about Health Effects/Risks Low-income residents are especially negatively affected.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully                                                                                                                                                                                  Meeting WQB-7 standards in Silver     Water quality in area river systems also at risk if tailings are not
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.5            Technical         Surface Water - General     Extent of Removal             Bow Creek                             completely removed.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully                                                                                                                                                                                                                        Low-income residents cannot relocate and are forced to suffer the
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.6          Non-technical       Site-Wide                   Environmental Justice         Economic Effects                      consequences of poor health and an afflicted economy.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully                                                                                                                                                                                                                        Community suffers stigma that lasts forever if pollutants are not
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.7          Non-technical       Site-Wide                   Waste left in place           Economic Effects                      completely removed.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully                                                                                                                                                    Soils and/or Interior/Attic
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.8          Non-technical       Residential Metals          Dust                          For Removal                           Inside dust should be removed and lawns should be replaced.
                                          The current plan to build a water treatment facility and
                                          only address water contamination is woefully                                                                                                                                                                                                                        Current plan needs to call for complete cleanup and not allow any
   58      2-Dec-04    letter             inadequate.                                              Murtagh             Charles       Bozeman, MT      Non-Resident          58.9          Non-technical       Site-Wide                   Extent of Removal             For Removal                           waste to be left in place.

                                          I keep hearing the same rhetoric that their (sic) is a
                                          limited amount of money for Butte Priority Soils and                                                                                                                                                                                                                Failing to completely remove Parrott Tailings and completely treat
   59      20-Mar-05   email letter       that we must make do with what we have.                   Stierle            Andrea        Butte, MT        Resident - Butte      59.1          Non-technical       Site-Wide                   Extent of Removal             For Removal                           attic dust ensures there will be problems in Butte forever.

                                          I keep hearing the same rhetoric that their (sic) is a
                                          limited amount of money for Butte Priority Soils and                                                                                                                                                                                                                The law says EPA must find a remedy that protects human health
   59      20-Mar-05   email letter       that we must make do with what we have.                   Stierle            Andrea        Butte, MT        Resident - Butte      59.2          Non-technical       Site-Wide                   Evaluation of NCP Criteria    Evaluation/Weighing of Cost           and the environment and then consider cost.

                                          I keep hearing the same rhetoric that their (sic) is a
                                          limited amount of money for Butte Priority Soils and                                                                                                                                                                                                                EPA should make sure that it protects the health of the residents
   59      20-Mar-05   email letter       that we must make do with what we have.                   Stierle            Andrea        Butte, MT        Resident - Butte      59.3          Non-technical       Site-Wide                   Human Health Risk             Protectiveness of human health        of Butte and ensure the community has a bright economic future.


                                          I have attended countless meetings on the Butte
                                          Priority Soils Operable Unit over the years and always
                                          looked forward to the day when a ROD would be                                                                                                                                                                                                                       Butte citizens are being coerced to accept a compromised
   60      20-Mar-05   email letter       developed and the cleanup moved forward.                  Curran             Larry         Butte, MT        Resident - Butte      60.1          Non-technical       Site-Wide                   General Comment               Commenter Opposes                     cleanup.


                                          I have attended countless meetings on the Butte
                                          Priority Soils Operable Unit over the years and always                                                                                                                                                                                                              The experts are divided on key issues and the plan is so
                                          looked forward to the day when a ROD would be                                                                                                                                                                                                                       convoluted that no one can determine if it is an appropriate
   60      20-Mar-05   email letter       developed and the cleanup moved forward.                  Curran             Larry         Butte, MT        Resident - Butte      60.2          Non-technical       Site-Wide                   General Comment               Commenter needs more information      cleanup.


                                          I have attended countless meetings on the Butte
                                          Priority Soils Operable Unit over the years and always
                                          looked forward to the day when a ROD would be                                                                                                                       Solid Media/Waste Left in                                                                       Some caps should be made deeper and recontoured so they will
   60      20-Mar-05   email letter       developed and the cleanup moved forward.                  Curran             Larry         Butte, MT        Resident - Butte      60.3          Non-technical       Place                       Reclamation                   Reclamation specifications            look nicer and support trees.


                                          I have attended countless meetings on the Butte
                                          Priority Soils Operable Unit over the years and always
                                          looked forward to the day when a ROD would be                                                                                                                                                                                                                       There needs to be greater consensus among the experts about
   60      20-Mar-05   email letter       developed and the cleanup moved forward.                  Curran             Larry         Butte, MT        Resident - Butte      60.4          Non-technical       Site-Wide                   General Comment               Commenter needs more information      whether the plan provides permanent solutions.

                                          I have attended several meetings with your group and                                                                                                                Solid Media/Waste Left in
   61      20-Mar-05   email letter       other groups concerning the cleanup of the Butte Hill.    Worley             Bob           Butte, MT        Resident - Butte      61.1          Non-technical       Place                       Reclamation                   Reclamation specifications            Caps put on some of the areas are probably going to fail.

                                          I have attended several meetings with your group and                                                                                                                                                                                                                Doesn't want to see businesses leave Butte because a
   61      20-Mar-05   email letter       other groups concerning the cleanup of the Butte Hill.    Worley             Bob           Butte, MT        Resident - Butte      61.2          Non-technical       Site-Wide                   Redevelopment                 Economic Effects                      contaminated site is found after the clean up is final.

                                          I have attended several meetings with your group and                                                                                                                                                                                                                Ensuring a complete cleanup in Butte could ease concerns for
   61      20-Mar-05   email letter       other groups concerning the cleanup of the Butte Hill.    Worley             Bob           Butte, MT        Resident - Butte      61.3          Non-technical       Site-Wide                   General Comment               Economic Effects                      those wanting to build or expand a business.

                                          I have attended several meetings with your group and                                                                                                                                                                                                                Please consider all options since there will only be one chance to
   61      20-Mar-05   email letter       other groups concerning the cleanup of the Butte Hill.    Worley             Bob           Butte, MT        Resident - Butte      61.4          Non-technical       Site-Wide                   General Comment               General Comment                       cleanup the Hill.

                                          I have hesitated in commenting on the Butte Priority                                                                                                                                                                                                                Characterization of the Parrott Tailings was not sound science or
   62      21-Mar-05   email letter       Soils Proposal out of utter disbelief and frustration.    Carstarphen        Camela        Butte, MT        Resident - Butte      62.1            Technical         Parrott Tailings/MSD        Characterization              Inadequate characterization           thorough and is appalling and unconscionable.



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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                           Location/                                            Technical/
 ID No.      Date      Type                          Title/Opening Sentence                         Last Name      First Name      Affiliation        Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                               Brief Comment Description


                                      I have hesitated in commenting on the Butte Priority                                                                                                                                                                                                              The EPA and DEQ response to new Parrott characterization by
   62      21-Mar-05   email letter   Soils Proposal out of utter disbelief and frustration.   Carstarphen        Camela        Butte, MT         Resident - Butte      62.2          Non-technical       Parrott Tailings/MSD        Characterization             Inadequate characterization          the Bureau of Mines is criminal.
                                                                                                                                                                                                                                                                                                        Fundamental work to document the extent of attic dust needs to
                                      I have hesitated in commenting on the Butte Priority                                                                                                                                                                                                              be completed to understand its distribution and variability before
   62      21-Mar-05   email letter   Soils Proposal out of utter disbelief and frustration.   Carstarphen        Camela        Butte, MT         Resident - Butte      62.3            Technical         Residential Metals          Attic and/or Interior Dust   Characterization                     any health risk study is completed.

                                      A motion was passed by the Butte-Silver Bow                                                                                                                                                                                                                       The chamber strong supports the Settlement Agreement between
                                      Chamber of Commerce Board of Directors that reads                                                                                                                                                                                                                 ARCO and the Butte-Silver Bow government. Comment is not
   63      15-Mar-05   letter         as follows:                                              Sando              John          Butte, MT         Business Group        63.1          Non-technical       Site-Wide                   ARCO/BSB Agreement           General Comment                      directed specifically at EPA's proposed plan
                                      RE: ARCO transporting tailings across
   64      17-Feb-05   letter         Anaconda/Opportunity state lands.                        L.                 Mae           Opportunity, MT   Non-Resident          64.1          Non-technical       General Comment             Unrelated Topic              Out of scope                         Comments not relevant to Butte Priority Soils Operable Unit.
                                                                                               George Grant                                                                                                                                                        Clark Fork River
                                                                                               Chapter of Trout                                                                                                                                                    Headwaters/Downstream
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.1          Non-Technical       Surface Water - General     Water Quality                Recontamination                      Believes Silver Bow Creek will remain contaminated
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                    Protectiveness of human health and
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.2          Non-Technical       Site-Wide                   Waste left in place          the environment                      Notes that waste will be left in place throughout town
                                                                                               George Grant
                                                                                               Chapter of Trout
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.3          Non-Technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed         Notes that attic dust will be left in place
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Notes that waste will be left in place in downtown (i.e. MSD) - infer
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.4          Non-Technical       Parrott Tailings/MSD        Extent of Removal            For Removal                          they are for removal
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                           Surface Water - Storm                                                                         Waste left in place will contaminate Silver Bow Creek - refers to
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.5          Non-Technical       Water                       BMPs                         Design Criteria                      snowmelt and rainfall - i.e. runoff - if not protected

                                                                                               George Grant                                                                                                                                                                                             Concerned about the use of treatment lagoons and conventional
                                                                                               Chapter of Trout                                                                                                                                                                                         lime treatment that they won't be able to meet water quality
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.6            Technical         Lower Area One              Treatment Lagoons            Performance - general                standards based on comparison to the Warm Springs Ponds
                                                                                               George Grant
                                                                                               Chapter of Trout
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.7          Non-Technical       Groundwater                 Capture and Treatment        Capture Effectiveness                Questions efficacy of ground water capture systems
                                                                                               George Grant                                                                                                                                                                                             Opposes the use of treatment in perpetuity at a facility that will
                                                                                               Chapter of Trout                                                                                                                                                                                         continue to pollute the headwaters of the Clark Fork in lieu of
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.8          Non-Technical       Groundwater                 Extent of Removal            For Removal                          waste removal
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                           Surface Water - Storm                                                                         Suggests that no baseline data were collected on storm water
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.9            Technical         Water                       Characterization             Perceived Data Gap                   runoff
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Suggests that no baseline data were collected from existing
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.10           Technical         Lower Area One              Treatment Lagoons            Perceived Data Gap                   lagoon effluent
                                                                                               George Grant
                                                                                               Chapter of Trout
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.11         Non-Technical       Parrott Tailings/MSD        Evaluation of NCP Criteria   State Acceptance                     EPA ignored MBMG and MDEQ
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         EPA ignored MBMG study on Parrott tailings; relied on CDM
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.12           Technical         Parrott Tailings/MSD        General Comment              EPA disregards comments              study; ignored EPA review.
                                                                                               George Grant
                                                                                               Chapter of Trout
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.13           Technical         Parrott Tailings/MSD        Cost of Removal              Cost Overestimated                   Disagrees with EPA costs estimate for removal of Parrott tailings.
                                                                                               George Grant                                                                                                                                                        Clark Fork River
                                                                                               Chapter of Trout                                                                                                                                                    Headwaters/Downstream
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.14         Non-Technical       Surface Water - General     Water Quality                Recontamination                      Believes Silver Bow Creek will remain permanently impaired
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Plan should include removal of environmental hazards that impair
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.15         Non-Technical       Site-Wide                   Ecological Risk              For Removal                          ecological functions
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Copper levels in Silver Bow Creek will be too high for Westslope
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.16           Technical         Surface Water - General     Water Quality                Restoration of Fishery               Cutthroat trout.
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                    Meeting WQB-7 standards in Silver    Questions the ability of lime treatment to meet surface water
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.17           Technical         Groundwater                 Capture and Treatment        Bow Creek                            ARARs
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Extensive removal of wastes is necessary for long-term control of
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.18         Non-Technical       Surface Water - General     Water Quality                For Removal                          COCs
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Caps over waste left in place are unacceptable in the flood plain
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.19           Technical         Site-Wide                   Extent of Removal            Waste in contact with Groundwater    and aquifer
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Need more characterization of the Parrott tailings to confirm/refute
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.20           Technical         Parrott Tailings/MSD        Characterization             Inadequate characterization          MBMG findings
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Need more characterization of the Copper Mountain Ball Fields to
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.21           Technical         Groundwater                 Characterization             Need Monitoring                      determine if ground water is contaminated
                                                                                               George Grant                                                                                                                                                                                             Ground water collection and treatment should be based on a
                                                                                               Chapter of Trout                                                                                                                                                                                         thorough understanding of the aquifer and state-of-the-art
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.22           Technical         Parrott Tailings/MSD        Capture and Treatment        Capture Effectiveness                technologies
                                                                                               George Grant
                                                                                               Chapter of Trout                                                                                                                                                                                         Advocates testing and, if appropriate, removal of dust from attics
   65      3-Feb-05    letter         EPA Proposed Remedy for Butte Priority Soils             Unlimited                        Trout Unlimited   Citizen Group         65.23         Non-Technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed         and walls

                                      This letter provides comments to [EPA] regarding the
                                      20 December 2004 Superfund [Proposed Plan] for the                                                                                                                  Solid Media/Waste Left in                                                                     Railroad Group considers Lower Railroad Yard Site 1 to be the
   66      16-Mar-05   letter         [BPSOU] of the [SBC/BA]                              Soule                  Charles H.    Railroad Group    PRP                   66.1            Technical         Place                       Railroad Beds                Lower Railroad Yard Site 1           "slicken" at the base of the grade in the MSD/SBC floodplain




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                         Location/                                     Technical/
 ID No.      Date      Type                         Title/Opening Sentence                          Last Name    First Name      Affiliation       Sector   Comment ID.   Non-Technical/ Legal          Tier I Topic                Tier II Topic                Tier III Topic                            Brief Comment Description


                                      This letter provides comments to [EPA] regarding the
                                      20 December 2004 Superfund [Proposed Plan] for the                                                                                                         Solid Media/Waste Left in                                                              Railroad Group supports remediation of floodplain sediments near
   66      16-Mar-05   letter         [BPSOU] of the [SBC/BA]                              Soule                Charles H.    Railroad Group   PRP             66.2            Technical         Place                       Railroad Beds           Lower Railroad Yard Site 1         the MSD/SBC confluence

                                      This letter provides comments to [EPA] regarding the
                                      20 December 2004 Superfund [Proposed Plan] for the                                                                                                         Solid Media/Waste Left in                                                              Remediation design in this area needs to consider railroad
   66      16-Mar-05   letter         [BPSOU] of the [SBC/BA]                              Soule                Charles H.    Railroad Group   PRP             66.3            Technical         Place                       Railroad Beds           Lower Railroad Yard Site 1         embankment stability
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.1            Technical         Lower Area One              Treatment Lagoons       Performance - general              In general, CTTL can meet water quality standards consistently
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 MSD water should be similar enough to LAO water that they
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.2            Technical         Groundwater                 Capture and Treatment   Performance - general              should be easy to treat together
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            Minor treatment upsets after addition of MSD water to LAO water
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 should be expected initially, but are expected to be manageable in
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.3            Technical         Groundwater                 Capture and Treatment   Performance - general              time
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 With high residence time, lime usage should be efficient which
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.4            Technical         Lower Area One              Treatment Lagoons       Sludge Volume/Removal/Handling     results in less sludge produced
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 Long residence time allows pH to drop to acceptable levels with no
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.5            Technical         Lower Area One              Treatment Lagoons       Performance - general              dedicated pH reduction system prior to discharge
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 Both long term and O&M costs of the treatment lagoons are
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.6            Technical         Lower Area One              Treatment Lagoons       Cost Overestimated                 expected to be lower than for conventional treatment

                                      The purpose of this email is to provide public comment                                                                                                                                                                                            FS did not include effluent monitoring and monitoring report
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 preparation in O&M costs for the treatment lagoons, but did
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.7            Technical         Lower Area One              Treatment Lagoons       Cost Underestimated                include them for the conventional lime treatment plant
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 Treatment lagoons are capable of dealing with treatment upsets
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.8            Technical         Lower Area One              Treatment Lagoons       Performance - general              (lime addition, feed composition)
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 Increases in lime dosage may be required when "retreating" water
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.9            Technical         Lower Area One              Treatment Lagoons       Performance - general              to compensate for decreased residence time
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            Commenter notes concerns over the reliability of the current lime
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 dosage system which is based on manual pH checking and lime
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.10           Technical         Lower Area One              Treatment Lagoons       Performance - general              slurry strength
                                                                                                                                                                                                                                                                                        Commenter notes that there is a delicate balance/little margin for
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            error between achieving metals removal and allowing enough
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 residence time for the pH to drop to less than 9.5 (notes recent
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.11           Technical         Lower Area One              Treatment Lagoons       Performance - general              exceedances of 9.5 in effluent pH)

                                      The purpose of this email is to provide public comment                                                                                                                                                                                            Untested during extended cold weather - a truly cold winter has
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 not occurred since the system began operation - shorten retention
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.12           Technical         Lower Area One              Treatment Lagoons       Performance - cold weather         time, damage silt curtains, etc.

                                      The purpose of this email is to provide public comment                                                                                                                                                                                            A potential long term problem could be leaching of arsenic from
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 the sediment as currently happens at the Warm Springs Ponds,
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.13           Technical         Lower Area One              Treatment Lagoons       Performance - arsenic              except the sludge will be periodically removed
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            Treatment lagoons will interact with local groundwater - both good
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 (infiltration of clean water) and bad (exfiltration of contaminated
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.14           Technical         Lower Area One              Treatment Lagoons       Performance - general              water into treated water cells)
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.15           Technical         Lower Area One              Treatment Lagoons       Sludge Volume/Removal/Handling     Details of sludge removal and handling have not been well-defined
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            Taking one of the lagoon systems offline for maintenance will
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 require careful operation to ensure adequate treatment in the
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.16           Technical         Lower Area One              Treatment Lagoons       Performance - during maintenance   shortened retention time
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            Sludge will not simply dewater over a few days, meaning more
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 dewatering time will be required or wetter sludge will need to be
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.17           Technical         Lower Area One              Treatment Lagoons       Sludge Volume/Removal/Handling     handled

                                      The purpose of this email is to provide public comment                                                                                                                                                                                            A total of 2500-7000 cubic yards of sludge will need to be
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 transported every 2-5 years, assuming 10 cubic yards per truck,
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.18           Technical         Lower Area One              Treatment Lagoons       Sludge Volume/Removal/Handling     this is 250-200 loads to be transported which is a significant effort
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            Removing sludge from the lagoon may result in an inadvertent
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 exposure of tailings beneath the lagoon, potentially interfering with
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.19           Technical         Lower Area One              Treatment Lagoons       Performance - during maintenance   water treatment (temporarily)
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                      Conventional Lime
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.20           Technical         Lower Area One              Treatment               Sludge Volume/Removal/Handling     Conventional treatment is not affected by sludge removal
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                      Conventional Lime                                          Dewatering of sludge is controllable and predictable using
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.21           Technical         Lower Area One              Treatment               Sludge Volume/Removal/Handling     conventional treatment
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                      Conventional Lime                                          High density solids conventional treatment plant would produce
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.22           Technical         Lower Area One              Treatment               Sludge Volume/Removal/Handling     considerably less volume than the treatment lagoons

                                      The purpose of this email is to provide public comment                                                                                                                                                                                            The feasibility study did not compare sludge dewatering and
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 handling processes for the treatment lagoons and the conventional
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.23           Technical         Lower Area One              Capture and Treatment   Sludge Volume/Removal/Handling     treatment plant, indicating no cost advantage either way
                                      The purpose of this email is to provide public comment                                                                                                                                                                                            The treatment lagoons are portrayed as a low cost, low
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                                 maintenance system, but anecdotal evidence indicates the system
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE              Consultant      67.24           Technical         Lower Area One              Treatment Lagoons       Operations and Maintenance         is not maintenance free




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                        Location/                                     Technical/
 ID No.      Date      Type                         Title/Opening Sentence                          Last Name    First Name     Affiliation       Sector   Comment ID.   Non-Technical/ Legal          Tier I Topic                Tier II Topic                 Tier III Topic                         Brief Comment Description
                                      The purpose of this email is to provide public comment                                                                                                                                                                                         Neither treatment lagoons or conventional treatment would be
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              aesthetically pleasing - the industrial nature of the area may not
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.25         Non-technical       Lower Area One              Capture and Treatment   Aesthetics                       justify aesthetic enhancements
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              Butte-Silver Bow operators do not want to operate and maintain
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.26         Non-technical       Lower Area One              Treatment Lagoons       Operations and Maintenance       the system because of unknowns
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              BSB personnel do not have personnel and equipment to perform
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.27         Non-technical       Lower Area One              Treatment Lagoons       Operations and Maintenance       regular unscheduled maintenance
                                      The purpose of this email is to provide public comment                                                                                                                                                                                         BSB has not seen any design for the system and are not
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              comfortable with trusting Atlantic Richfield that the design is
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.28           Technical         Lower Area One              Treatment Lagoons       Design Criteria                  adequate
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.29           Technical         Lower Area One              Treatment Lagoons       Operations and Maintenance       BSB has not seen any O&M plans for the system
                                      The purpose of this email is to provide public comment                                                                                                                                                                                         BSB is concerned that the lagoons will have arsenic exceedances
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              similar to Warm Springs Ponds and that they will be held liable for
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.30           Technical         Lower Area One              Treatment Lagoons       Performance - arsenic            the discharge violations
                                      The purpose of this email is to provide public comment                                                                                                                                                                                         BSB is concerned that MSD water will have a sufficiently different
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              composition than the current waters and there is no guarantee
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.31           Technical         Groundwater                 Capture and Treatment   Performance - general            that the treatment lagoons can handle it
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.32           Technical         Lower Area One              Treatment Lagoons       Sludge Volume/Removal/Handling   Details of sludge removal and handling have not been well-defined
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.33           Technical         Lower Area One              Treatment Lagoons       Performance - general            Insufficient surge capacity for water from a significant storm event
                                      The purpose of this email is to provide public comment                                                                                                                                                                                         BSB is concerned that the lagoons will require some sort of
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              unforeseen maintenance over and above the amount paid to them
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.34         Non-technical       Lower Area One              Treatment Lagoons       Operations and Maintenance       by Atlantic Richfield to operate the system
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              Estimated sludge production rates may be underestimated by
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.35           Technical         Lower Area One              Treatment Lagoons       Sludge Volume/Removal/Handling   about 1/2 based on a calcium mass balance
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              Sludge volume highly dependent on water content, making
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.36           Technical         Lower Area One              Treatment Lagoons       Sludge Volume/Removal/Handling   estimation extremely difficult
                                      The purpose of this email is to provide public comment
                                      on the Proposed Plan for the Butte Priority Soils                                                                                                                                                                                              Suggest developing a dynamic model of the lagoon system to be
   67      18-Mar-05   email letter   Operable Unit - MSE                                    Park               Brian         MSE             Consultant      67.37           Technical         Lower Area One              Treatment Lagoons       Operations and Maintenance       an integral tool for actually operating the system

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed                                                                                                                                       Conventional Lime                                        NRDP supports EPA's selection of conventional lime treatment
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.1            Technical         Lower Area One              Treatment               Commenter Supports               over treatment lagoons in the proposed plan

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed                                                                                                                                       Conventional Lime                                        Conventional treatment can adjust to variations in influent water
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.2            Technical         Lower Area One              Treatment               Performance - general            conditions

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed                                                                                                                                       Conventional Lime                                        Conventional treatment can accomplish changes in effluent quality
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.3            Technical         Lower Area One              Treatment               Performance - general            in a short period of time

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed                                                                                                                                       Conventional Lime
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.4            Technical         Lower Area One              Treatment               Sludge Volume/Removal/Handling   Sludge handling can be incorporated into the treatment plant

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed                                                                                                                                                               Long-Term Effectiveness and
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.5          Non-technical       Site-Wide                   General Comment         Permanence                       EPA should focus on permanent solutions

                                      The Natural Resource Damage Program submits the                                                                                                                                                               Clark Fork River
                                      following comments regarding the EPA's proposed                                                                                                                                                               Headwaters/Downstream            Butte is at the headwaters of the Clark Fork River and need to
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.6          Non-technical       Site-Wide                   General Comment         Recontamination                  clean up Butte to not recontaminate downgradient areas

                                      The Natural Resource Damage Program submits the                                                                                                                                                               Clark Fork River
                                      following comments regarding the EPA's proposed                                                                                                                                                               Headwaters/Downstream            Reconstructed SBC channel downstream of Butte has shown
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.7            Technical         Surface Water - General     Water Quality           Recontamination                  recontamination of sediments - 7000 ppm copper

                                      The Natural Resource Damage Program submits the                                                                                                                                                               Clark Fork River
                                      following comments regarding the EPA's proposed                                                                                                                                                               Headwaters/Downstream
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.8            Technical         Surface Water - General     Water Quality           Recontamination                  Prevent recontamination of SBC downstream of Butte

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed                                                                                                           Solid Media/Waste Left in                                                            Vegetative caps should have an 18-22 inch cover to support a
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.9            Technical         Place                       Reclamation             Reclamation specifications       dense cover of native plants and no weeds

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed                                                                                                           Solid Media/Waste Left in
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.10           Technical         Place                       Reclamation             Reclamation specifications       Many reclaimed caps do not meet minimal standards

                                      The Natural Resource Damage Program submits the                                                                                                                                                                                                Making sure that reclamation is adequate will ensure storm water
                                      following comments regarding the EPA's proposed                                                                                                           Surface Water - Storm                                                                treatment is not needed and should be less expensive than
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.11           Technical         Water                       Reclamation             Storm Water Treatment            treatment of storm water

                                      The Natural Resource Damage Program submits the
                                      following comments regarding the EPA's proposed
   68      21-Mar-05   letter         plan for the Butte Priority Soils Operable Unit       Mullen              Gregory       NRDP            Agency          68.12         Non-technical       Parrott Tailings/MSD        Extent of Removal       Removal of Accessible Wastes     Supports Alternative 5b



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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                  Location/                                      Technical/
 ID No.      Date      Type                       Title/Opening Sentence                     Last Name    First Name      Affiliation        Sector   Comment ID.   Non-Technical/ Legal          Tier I Topic             Tier II Topic                     Tier III Topic                               Brief Comment Description


                                    The Natural Resource Damage Program submits the
                                    following comments regarding the EPA's proposed                                                                                                                                                                                                     Additional data collection needed due to debate over contaminant
   68      21-Mar-05   letter       plan for the Butte Priority Soils Operable Unit      Mullen          Gregory       NRDP               Agency         68.13           Technical         Parrott Tailings/MSD     Characterization             Inadequate characterization            transport

                                    The Natural Resource Damage Program submits the                                                                                                                                                                                                     Removal of Parrott Tailings cost overestimated due to higher unit
                                    following comments regarding the EPA's proposed                                                                                                                                                                                                     costs used in the FFS compared to the state's unit costs for
   68      21-Mar-05   letter       plan for the Butte Priority Soils Operable Unit      Mullen          Gregory       NRDP               Agency         68.14           Technical         Parrott Tailings/MSD     Cost of Removal              Cost Overestimated                     streamside tailings

                                    The Natural Resource Damage Program submits the
                                    following comments regarding the EPA's proposed                                                                                                                                                                                                     MSD FFS did not consider alternative repositories such as the
   68      21-Mar-05   letter       plan for the Butte Priority Soils Operable Unit      Mullen          Gregory       NRDP               Agency         68.15           Technical         Parrott Tailings/MSD     Cost of Removal              Cost Overestimated                     Opportunity Ponds

                                    The Natural Resource Damage Program submits the
                                    following comments regarding the EPA's proposed                                                                                                                                                                                                     MSD FFS did not consider alternative routes to the Butte waste
   68      21-Mar-05   letter       plan for the Butte Priority Soils Operable Unit      Mullen          Gregory       NRDP               Agency         68.16           Technical         Parrott Tailings/MSD     Cost of Removal              Cost Overestimated                     repository
                                                                                                                                                                                                                                                                                        The Proposed remedial action does not comply with state
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.1              Legal           Parrott Tailings/MSD     Aquifer Restoration/Cleanup Compliance with ARARs                   groundwater ARARs
                                                                                                                                                                                                                                                                                          DEQ does not agree with EPA's conclusion that waiver of
                                                                                                                                                                                                                                                                                          groundwater ARARs is necessary or appropriate for the BPSOU
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.2            Technical         Parrott Tailings/MSD     Aquifer Restoration/Cleanup Feasibility or Technical Impracticability alluvial aquifer underlying the MSD

   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.3              Legal           Parrott Tailings/MSD     Evaluation of NCP Criteria   Compliance with ARARs                  EPA's analysis of the ARARs issue is inconsistent with the NCP
                                                                                                                                                                                                                                                                                        The proposed TI waiver is not evaluated or selected in accordance
                                                                                                                                                                                                                                                                                        with EPA's guidance for evaluating the TI of groundwater
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.4            Technical         Groundwater              Consistency with Guidance Feasibility or Technical Impracticability restoration
                                                                                                                                                                                                                                                                                        DEQ does not concur with the proposed remedy at the present
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.5            Technical         Parrott Tailings/MSD     General Comment           State Acceptance                          time


                                                                                                                                                                                                                                                                                        EPA's conclusion that there are no remaining principal threat
                                                                                                                                                                                                                                                                                        wastes within the OU and decision not to take any action to
                                                                                                                                                                                                                                                                                        reduce the mobility of these source materials through engineered
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.6            Technical         Site-Wide                Evaluation of NCP Criteria   Principal threat wastes                containment is inconsistent with the NCP

                                                                                                                                                                                                                                                                                        The preferred alternative does not comply with solid waste ARARs
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.7              Legal           Site-Wide                Waste left in place          Compliance with ARARs                  or provide a basis for waiving these requirements
                                                                                                                                                                                                                                                                                        EPA's need to waive groundwater standards is directly
                                                                                                                                                                                                                                                                                        contradicted by the August 1997 EPA Region VIII memorandum
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.8              Legal           Groundwater              Consistency with Guidance Feasibility or Technical Impracticability that a TI waiver is not needed

   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.9            Technical         Parrott Tailings/MSD     Characterization             Inadequate characterization            EPA's decision is based on a debatable interpretation of site data
                                                                                                                                                                                                                                                                                        EPA did not remove or treat contamination sources to the extent
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.10           Technical         Parrott Tailings/MSD     Extent of Removal            Removal of Accessible Wastes           practicable

                                                                                                                                                                                                                                                                                        EPA did not use an incremental approach to selection and
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.11           Technical         Parrott Tailings/MSD     Characterization             Inadequate characterization            implementation of the remedy as a method of reducing uncertainty
                                                                                                                                                                                                                                                                                        EPA did not implement and monitor pilot or full scale aquifer
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.12           Technical         Parrott Tailings/MSD     Aquifer Restoration/Cleanup Performance - general                   remediation systems
                                                                                                                                                                                                                                                                                        EPA did not take any steps to control or contain migration of
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.13           Technical         Parrott Tailings/MSD     Capture and Treatment        Contaminant Transport                  contamination in the aquifer


                                                                                                                                                                                                                                                                                        EPA's TI determination is based primarily on a prediction of
                                                                                                                                                                                                                                                                                        contaminant transport times based on site characterization data
                                                                                                                                                                                                                                                                                        and modest changes in data input for gradients, porosity, etc. can
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.14           Technical         Parrott Tailings/MSD     Characterization             Contaminant Transport                  yield huge differences in travel times
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.15           Technical         Parrott Tailings/MSD     Cost of Removal              Cost Overestimated                     Cost is to be subordinate to ensuring protectiveness

                                                                                                                                                                                                                                                                                        The agencies don't have enough information to adequately predict
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.16           Technical         Parrott Tailings/MSD     Characterization             Contaminant Transport                  the restoration potential of the alluvial aquifer
                                                                                                                                                                                                                                                                                        Removal costs were overestimated and cost effectiveness should
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.17           Technical         Parrott Tailings/MSD     Cost of Removal              Cost Overestimated                     be reevaluated
                                                                                                                                                                                                                                                                                        One hundred percent backfill in the upper MSD is most likely not
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.18           Technical         Parrott Tailings/MSD     Cost of Removal              Cost Overestimated                     necessary (would reduce costs)
                                                                                                                                                                                                                                                                                        EPA should assess removal of additional accessible wastes at
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.19           Technical         Lower Area One           Extent of Removal            Removal of Accessible Wastes           Lower Area One
                                                                                                                                                                                                                                                                                        EPA should consider reclamation of potential sediment source
                                                                                                                                                                                           Granite Mountain Memorial                                                                    areas in the Granite Mountain Memorial Area (south slopes of the
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.20           Technical         Area                      Reclamation                 Reclamation needed                     Mountain Con and Kelley)
                                                                                                                                                                                                                                                                                        DEQ asks that EPA select a remedy that includes the removal
   69      18-Mar-05   letter       DEQ's public comments on EPA's proposed plan         Olsen           Sandi         DEQ                Agency         69.21           Technical         Parrott Tailings/MSD     Extent of Removal            Removal of Accessible Wastes           options described in MSD alternative 5b
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                 Chief Executive,                                                    Superfund Procedural                                                                         EPA should schedule a second meeting and the citizen's of Butte
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb            Paul          BSB                PRP            70.1          Non-technical       Issues                   Public Meeting               Public involvement at Public Meeting   should speak up.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                 Chief Executive,                                                                                                                                                 We urge EPA to reconsider our position paper, submitted last
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb            Paul          BSB                PRP            70.2            Technical         Site-Wide                ARCO/BSB Agreement           General Comment                        October on the cleanup of BPSOU.


                                                                                                                                                                                                                                                                                        We thank ARCO for their support and strongly urge continued
                                                                                                                                                                                                                                                                                        support of the programmatic, multi-pathway and remediation of all
                                                                                                                                                                                                                                                                                        yards, homes, and attics found to exceed arsenic, lead, and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                 Chief Executive,                                                                             Multipathway Lead                                                   mercury levels over a 30-year period. BSB Health Department is
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb            Paul          BSB                PRP            70.3            Technical         Residential Metals       Abatement Program            Supports Lead Program                  ready to help with implementation.

                                                                                                                                                                                                                                                                                        BMPs are only part of the solution. Seeking funding from ARCO
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                 Chief Executive,                                                    Surface Water - Storm                                                                        for a long-term capital improvement system to repair and replace
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb            Paul          BSB                PRP            70.4            Technical         Water                    BMPs                         Commenter Opposes                      the municipal storm water systems in the OU.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                     Location/                                             Technical/
 ID No.      Date      Type                       Title/Opening Sentence                       Last Name     First Name      Affiliation         Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                               Brief Comment Description


                                                                                                                                                                                                                                                                                                    Five criteria provided earlier to EPA must be met, including
                                                                                                                                                                                                                                                                                                    establishment of a trust fund to operate, maintain, and monitor
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Chief Executive,                                                                                                                                                          the facilities as long as required. Lagoon system may meet the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb              Paul           BSB                PRP                   70.5            Technical         Lower Area One              Treatment Lagoons            Community Acceptance                  five criteria, but ARCO needs to prove it to the county.
                                                                                                                                                                                                                                                                                                    Six criteria for EPA to meet were provided earlier by the county.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Chief Executive,                                                                                                                                                          This includes a trust fund for operation, maintenance, and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb              Paul           BSB                PRP                   70.6            Technical         Parrott Tailings/MSD        Extent of Removal            Community Acceptance                  management of remedies.

                                                                                                                                                                                                                                                                                                    The county supports the waste-in-place remedy because we are
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Chief Executive,                                                                                                                                                          confident that we can secure a meaningful redevelopment trust
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb              Paul           BSB                PRP                   70.7            Technical         Site-Wide                   Waste left in place          Commenter Supports                    fund through our negotiations with ARCO
                                                                                                                                                                                                                                                                                                    The county requests that any resource damages which occurred
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Chief Executive,                                                                                                                                                          in Butte be specifically earmarked for restoration projects in Butte
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Babb              Paul           BSB                PRP                   70.8          Non-technical       Site-Wide                   NRDP                         Funding                               and Butte alone.


                                                                                                                                                                                                                                                                                                    Elected leaders should embrace his recommendations and keep in
                                                                                                                                                                                                                                                                                                    mind distinction between Remedy (Superfund Cleanup) and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              Restoration (above and beyond Superfund). NRD funds will not
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington        Jerry          Butte, MT          Resident - Butte      70.9          Non-technical       Site-Wide                   NRDP                         Funding                               last if Superfund does not cleanup adequately.


                                                                                                                                                                                                                                                                                                    EPA view is flawed from cost perspective. Tailings are worst
                                                                                                                                                                                                                                                                                                    source of contamination and most can and should be removed.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              MBMG projects beneficial use standards would be attained within
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington        Jerry          Butte, MT          Resident - Butte      70.10         Non-technical       Parrott Tailings/MSD        Extent of Removal            For Removal                           several decades, instead of never under current plan.


                                                                                                                                                                                                                                                                                                    Ditch is very ugly and impediment to economic development. It is
                                                                                                                                                                                                                                                                                                    also too small to handle flows and threatens downstream reaches.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                               Surface Water - Storm                                                                          Upstream sites should be cleaned to a level that will allow
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington        Jerry          Butte, MT          Resident - Butte      70.11           Technical         Water                       Storm Water Conveyances Design Criteria                            elimination of the ditch.
                                                                                                                                                                                                                                                                                                    Re: Missoula Gulch - Storm events above 10-yr threshold will
                                                                                                                                                                                                                                                                                                    undermine and destroy ditch integrity. Remedy should include
                                                                                                                                                                                                                                                                                                    planting bottom with aspens, alder, cottonwood, and willow and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                               Surface Water - Storm                                                                          constructing channel as a more natural streambed (rocks,
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington        Jerry          Butte, MT          Resident - Butte      70.12           Technical         Water                       Storm Water Conveyances Design Criteria                            deadfall, etc.)


                                                                                                                                                                                                                                                                                                    Butte Hill is especially in need of cleanup because it is in the midst
                                                                                                                                                                                                                                                                                                    of urban population and a substantial infrastructure connected to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              the region. Economic future depends on eliminating the stigma
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington        Jerry          Butte, MT          Resident - Butte      70.13         Non-technical       Site-Wide                   Redevelopment                Economic Effects                      and lingering myths about Superfund and Butte.
                                                                                                                                                                                                                                                                                                    A bad process produces a bad outcome and this has been a bad
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              process. The outcome is harmful to the interest of Butte and the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Ray               Dr. John W.    Butte, MT          Resident - Butte      70.14         Non-technical       Site-Wide                   General Comment              Commenter Opposes                     surrounding areas.
                                                                                                                                                                                                                                                                                                    EPA failed to meaningfully involve the public and ignored
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                               Superfund Procedural                                                                           recommendations from the Citizen's Working Group and from an
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Ray               Dr. John W.    Butte, MT          Resident - Butte      70.15         Non-technical       Issues                      Public Involvement           EPA limits public comment             ad hoc committee that met at Tech.
                                                                                                                                                                                                                                                                                                    EPA was supposed to do a complete, thorough, and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                               Superfund Procedural                                                                           comprehensive review of past actions. They did not do a review
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Ray               Dr. John W.    Butte, MT          Resident - Butte      70.16         Non-technical       Issues                      RASD                         Past Response Action Sites            or evaluation.
                                                                                                                                                                                                                                                                                                    EPA was supposed to consider productive land uses and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                               Superfund Procedural                                                                           economic revitalization in developing the proposed remedy. They
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Ray               Dr. John W.    Butte, MT          Resident - Butte      70.17         Non-technical       Issues                      Redevelopment                Land Use                              did not do this.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                        EPA did not account for Environmental
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Ray               Dr. John W.    Butte, MT          Resident - Butte      70.18         Non-technical       Site-Wide                   Environmental Justice        Justice                               There is no consideration of environmental justice in this plan.
                                                                                                                                                                                                                                                                                                    MSE reviewed the plan and finds that there is not sufficient data to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              support the claims made relative to the flows and natural flushing
   70      25-Jan-05   transcript   for the BPSOU Cleanup - MSE                          Ruffner           Jeff           MSE                Consultant            70.19           Technical         Parrott Tailings/MSD        Characterization             Groundwater flow rates                as claimed by ARCO.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              Lagoon treatment was a valid treatment option if specific
   70      25-Jan-05   transcript   for the BPSOU Cleanup - MSE                          Ruffner           Jeff           MSE                Consultant            70.20           Technical         Lower Area One              Treatment Lagoons            Operations and Maintenance            operational and maintenance issues could be addressed.

                                                                                                                                                                                                                                                                                                    We are commenting on proposed actions with only half the
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              information needed to solve the problems. Even the experts can't
   70      25-Jan-05   transcript   for the BPSOU Cleanup - MSE                          Ruffner           Jeff           MSE                Consultant            70.21         Non-technical       Site-Wide                   General Comment              Commenter needs more information      identify all the long-term issues in the time frame.


                                                                                                                                                                                                                                                                                                    I am willing to accept waste-in-place as a solution, provided there
                                                                                                                                                                                                                                                                                                    is fair compensation to BSB for accepting the damaged resource.
                                                                                                                                                                                                                                                                                                    Fair compensation to: enhance the appearance of damaged areas,
                                                                                                                                                                                                                                                                                                    enhance business opportunity, support O&M, and build
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              infrastructure. More effort needs to go into determining the value
   70      25-Jan-05   transcript   for the BPSOU Cleanup - MSE                          Ruffner           Jeff           MSE                Consultant            70.22           Technical         Site-Wide                   Waste left in place          Commenter Supports                    of the lost resource.
                                                                                                                                                                                                                                                                                                    What are the number and kind of institutional controls proposed to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              keep the caps from being broken and recontamination from
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Kimball           Dianne         Butte, MT          Resident - Butte      70.23           Technical         Site-Wide                   Institutional Controls       Implementability and Effectiveness    occurring?

                                                                                                                                                                                                                                                                                                    All homes should be sampled for attic dust and those above
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              average should be cleaned up, regardless of whether there
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Kimball           Dianne         Butte, MT          Resident - Butte      70.24           Technical         Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          appears to be an exposure pathway. Pathways can develop later.
                                                                                                                                                                                                                                                                                                    He built the caps, starting with Dept of State Lands. When EPA
                                                                                                                                                                                                                                                                                                    and ARCO got involved, the caps were much better (18 inches of
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                               Solid Media/Waste Left in                                                                      good growth media) and control of runoff. They are a permanent
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Jordan            Joe            Butte, MT          Resident - Butte      70.25           Technical         Place                       Reclamation                  Reclamation specifications            fix.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              The groundwater from the storm drain is being captured and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Jordan            Joe            Butte, MT          Resident - Butte      70.26           Technical         Parrott Tailings/MSD        Capture and Treatment        General Comment                       pumped to the LAO for treatment.
                                                                                                                                                                                                                                                                                                    We should be thankful for the money spent and work done to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              date. It has been done properly, under engineering oversight, and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Jordan            Joe            Butte, MT          Resident - Butte      70.27         Non-technical       Site-Wide                   General Comment              Much Work Already Done                is a permanent fix.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                      Location/                                            Technical/
 ID No.      Date      Type                       Title/Opening Sentence                      Last Name       First Name      Affiliation        Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                     Tier III Topic                              Brief Comment Description
                                                                                                                                                                                                                                                                                                    EPA should protect the environment today and in the distant
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              future. Soil slumping and earthquakes can destroy the caps put
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                MacDonald, sister   Mary Jo       Butte, MT         Resident - Butte      70.28           Technical         Site-Wide                   General Comment              Commenter Opposes                     on the wastes.

                                                                                                                                                                                                                                                                                                   Illnesses have resulted from this contamination. When they
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                             happen to the poor, who are not insured, they overload the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                MacDonald, sister   Mary Jo       Butte, MT         Resident - Butte      70.29         Non-technical       Site-Wide                   Environmental Justice        Concerned about Health Effects/Risks hospital system. Charity volume is astronomical in Butte.
                                                                                                                                                                                                                                                                                                    I challenge everyone to organize and go door to door to help
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              people start a "remodeling" process so that their attics will qualify
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                MacDonald, sister   Mary Jo       Butte, MT         Resident - Butte      70.30         Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          for cleanup.

                                                                                                                                                                                                                                                                                                    We must do the very best cleanup we can, not the minimum.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              Look up the Earth Charter Document on the internet. We need to
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                MacDonald, sister   Mary Jo       Butte, MT         Resident - Butte      70.31         Non-technical       Site-Wide                   General Comment              General Comment                       guarantee the future of this community.

                                                                                                                                                                                                                                                                                                    EPA's plans will best serve the community of Butte. ARCO has
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              shown their commitment verbally and in writing and has spent in
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Hafer               Carl          Butte, MT         Resident - Butte      70.32         Non-technical       Site-Wide                   General Comment              Commenter Supports                    excess of $300 M. EPA has also given their written commitment.


                                                                                                                                                                                                                                                                                                    EPA, as a government agency regulated by law, is the best one to
                                                                                                                                                                                                                                                                                                    do this. The plan has substance. I think a good job has been
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              done and that work will continue to be done in a good manner. My
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Hafer               Carl          Butte, MT         Resident - Butte      70.33         Non-technical       Site-Wide                   General Comment              Commenter Supports                    feelings are based on past experience.
                                                                                                                                                                                                                                                                                                    Lime treatment plant that is proposed will not reduce cadmium
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              levels to acceptable standards. The lagoon treatment system
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Deeney              Craig         TREC              Consultant            70.34           Technical         Lower Area One              Treatment Lagoons            Performance - general                 does achieve the standard.
                                                                                                                                                                                                                                                                                                    Lagoons are bigger and allow more retention time and more time
                                                                                                                                                                                                                                                                                                    for metals to settle out. This gives the system robustness or
                                                                                                                                                                                                                                                                                                    sturdiness. They can still function, even when lime delivery
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              problems occur - something conventional lime treatment can not
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Deeney              Craig         TREC              Consultant            70.35           Technical         Lower Area One              Treatment Lagoons            Performance - general                 say.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              Lagoons may use two or three times less lime than the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Deeney              Craig         TREC              Consultant            70.36           Technical         Lower Area One              Treatment Lagoons            Sludge Volume/Removal/Handling        conventional system, mainly because of extended mixing time.

                                                                                                                                                                                                                                                                                                    Lagoons will also have much less sludge to deal with. TREC
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              looks forward to comparing the two technologies in the future and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Deeney              Craig         TREC              Consultant            70.37           Technical         Lower Area One              Treatment Lagoons            Sludge Volume/Removal/Handling        demonstrating the effectiveness and O&M benefits.


                                                                                                                                                                                                                                                                                                    The lagoons are much more aesthetically pleasing than the
                                                                                                                                                                                                                                                                                                    conventional system of tanks and metal buildings would be. This
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              is important, given their location. They are visible from the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Deeney              Craig         TREC              Consultant            70.38         Non-technical       Lower Area One              Treatment Lagoons            Aesthetics                            interstate, trails, and from Centennial Ave.
                                                                                                                                                                                                                                                                                                    The lagoons are already in place and using them would save
                                                                                                                                                                                                                                                                                                    millions of dollars over installing and operating a conventional lime
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              treatment system. EPA should identify lime treatment via a lagoon
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Deeney              Craig         TREC              Consultant            70.39           Technical         Lower Area One              Treatment Lagoons            Commenter Supports                    system in the ROD.

                                                                                                                                                                                                                                                                                                    Experienced first-hand the lead testing and abatement. Yard and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                       Resident -                                                                                                                                             basement have been remediated. She encourages EPA to support
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Sheehan             Marci         Walkerville, MT   Walkerville           70.4          Non-technical       Site-Wide                   General Comment              Much Work Already Done                ARCO's multi-pathway approach.

                                                                                                                                                                                                                                                                                                    Short-term risks from waste removal outweigh the long-term risks
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                               Solid Media/Waste Left in                                                                      of leaving waste in place. Leaving wastes in place will also help
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Jones               Gary          Butte, MT         Resident - Butte      70.41           Technical         Place                       Extent of Removal            Against Removal                       with future use and redevelopment of Butte.


                                                                                                                                                                                                                                                                                                    MERDI has worked with EPA and ARCO on redevelopment
                                                                                                                                                                                                                                                                                                    projects like East Mercury Street, Belmont head frame, and the
                                                                                                                                                                                                                                                                                                    new central activities facility. If we all continue to work together,
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              we can redevelop these areas. The equitable tradeoff for
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Jones               Gary          Butte, MT         Resident - Butte      70.42         Non-technical       Site-Wide                   Redevelopment                Commenter Supports                    resources lost needs to be used to plan for the future.
                                                                                                                                                                                                                                                                                                    ARCO is appreciative of EPA's tremendous collaborative effort
                                                                                                                                                                                                                                                                                                    over the past 20 years in Butte. ARCO has spent over $300M in
                                                                                                                                                                                                                                                                                                    BSB county, including over $75M in BPSOU alone. ARCO has
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              spent more money in Butte than in any other community in the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally              Gavin         ARCO              PRP                   70.43         Non-technical       Site-Wide                   General Comment              Much Work Already Done                CFR Basin.

                                                                                                                                                                                                                                                                                                    There has been a tremendous amount of scientific study and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              remediation to address the human health issues on an expedited
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally              Gavin         ARCO              PRP                   70.44         Non-technical       Site-Wide                   Human Health Risk            Much Work Already Done                basis. ARCO looks forward to continuing that work.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              ARCO agrees that the aquifer beneath the MSD cannot be
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally              Gavin         ARCO              PRP                   70.45           Technical         Parrott Tailings/MSD        Aquifer Restoration/Cleanup Commenter Supports                     restored within a reasonable time frame even with a total removal.
                                                                                                                                                                                                                                                                                                    ARCO believes that it is important to keep remediation and
                                                                                                                                                                                                                                                                                                    restoration distinct. Remediation is intended to address human
                                                                                                                                                                                                                                                                                                    health and the environment. The NRD program is a litigation-
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                              based program that seeks monetary damages for supposed injury
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally              Gavin         ARCO              PRP                   70.46           Technical         Site-Wide                   NRDP                         Remediation vs. restoration           to natural resources.
                                                                                                                                                                                                                                                                                                    EPA's plan to leave waste-in-place is consistent with their
                                                                                                                                                                                                                                                                                                    remedies across the rest of the CFR Basin. ARCO has gone
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                        Consistency with other Clark Fork     above and beyond this my removing wastes material within the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally              Gavin         ARCO              PRP                   70.47           Technical         Site-Wide                   Waste left in place          River Sites or similar NPL sites      MSD channel during construction.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                   Location/                                            Technical/
 ID No.      Date      Type                       Title/Opening Sentence                      Last Name    First Name      Affiliation        Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                              Brief Comment Description


                                                                                                                                                                                                                                                                                               ARCO acknowledges that groundwater treatment will be needed
                                                                                                                                                                                                                                                                                               for a long time, and they have built a treatment system at the
                                                                                                                                                                                                                                                                                               Berkeley Pit. This system would be needed, even if wastes were
                                                                                                                                                                                                                                                                                               removed. ARCO wants to spend money in Butte on revitalization
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         and economic development, rather than on moving wastes from
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally           Gavin         ARCO              PRP                   70.48           Technical         Groundwater                 Capture and Treatment        General Comment                     one location in the community to another.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         ARCO believes the lagoon system does and can meet the cleanup
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally           Gavin         ARCO              PRP                   70.49           Technical         Lower Area One              Treatment Lagoons            Commenter Supports                  levels of Superfund.
                                                                                                                                                                                                                                                                                               ARCO is supportive of the multi-pathway approach for cleanup of
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                        Multipathway Lead                                                resident property. The program is nationally recognized and is a
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally           Gavin         ARCO              PRP                   70.50           Technical         Residential Metals          Abatement Program            Supports Lead Program               model for other cleanups.
                                                                                                                                                                                                                                                                                               It's been proven that we can perform a successful cleanup to
                                                                                                                                                                                                                                                                                               protect the human health and the environment while also providing
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         for economic revitalization, historic preservation, and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally           Gavin         ARCO              PRP                   70.51         Non-technical       Site-Wide                   General Comment              Commenter Supports                  redevelopment of Butte.


                                                                                                                                                                                                                                                                                               Plan is protective of human health and the environment and is
                                                                                                                                                                                                                                                                                               more comprehensive than any remedial plan I have seen or heard
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         of in my previous experience in this area. Leaving wastes in place
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally           Gavin         Butte, MT         Resident - Butte      70.52           Technical         Site-Wide                   General Comment              Commenter Supports                  in common place through many areas of the world and is sensible.

                                                                                                                                                                                                                                                                                               History demonstrates that the community can work together to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         clean up and revitalize areas that were impacted at one point in
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Scally           Gavin         ARCO              PRP                   70.53         Non-technical       Site-Wide                   General Comment              Commenter Supports                  time. I am sure we will complete the cleanup we've started.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         Would vote for Site-wide Alternative 3 and Metro Storm Drain
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.54         Non-technical       Site-Wide                   General Comment              Commenter needs more information    Alternative 5B.


                                                                                                                                                                                                                                                                                               Would like a Summary for the Protection of Human Health and the
                                                                                                                                                                                                                                                                                               Environment - Past, Present, and Future. Show the progress that
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         has been made and give an estimate for the future (SBC was
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.55           Technical         Site-Wide                   General Comment              Commenter needs more information    dead and now has muskrat and suckers).

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         Has concerns about COCs, but many have improved, The Lead
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.56         Non-technical       Site-Wide                   Human Health Risk            Much Work Already Done              Abatement Program has made wonderful progress.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         Attic dust needs to be addressed. Something simple like a roof
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.57           Technical         Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed        repair can send clouds of dust into the community.
                                                                                                                                                                                                                                                                                               The standards (for arsenic) have dropped and will probably
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         continue to do so. How will EPA handle that in the future? It
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.58           Technical         Site-Wide                   Human Health Risk            Action Levels                       needs to be addressed.
                                                                                                                                                                                                                                                                                               Rode on tailings as a kid. They were fun but toxic. Glad they are
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Solid Media/Waste Left in                                                                    gone. No more clouds of dust from tailings in community. People
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.59         Non-technical       Place                       Reclamation                  Much Work Already Done              need to see these improvements.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         What are the risks from active mining? Everyday inversions and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.60           Technical         Site-Wide                   Human Health Risk            Out of scope                        big wind storms move contaminants into the community.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         Would like to see data on level of cadmium in local food and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.61           Technical         Site-Wide                   Human Health Risk            cadmium and mercury                 bioaccumulation of mercury in the local food chain.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         Progress in Silver Bow Creek has been wonderful. Document it
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.62           Technical         Surface Water - General     Water Quality                Water quality improvements          for us in the Summary report.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Solid Media/Waste Left in                                                                    BRES is a wonderful plan for make sure the caps and their
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.63           Technical         Place                       BRES                         Supports BRES program               integrity hold.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         Need more inside and outside monitoring of contaminants of
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.64           Technical         Air Quality                 Air Monitoring               Characterization                    concern, both daily and big wind events.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Surface Water - Storm                                                                        Continue the monitoring and add another station, a point of
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Appleman         Rick          Butte, MT         Resident - Butte      70.65           Technical         Water                       Characterization             Need Monitoring                     compliance station upstream near Montana Street.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                         Thanks to NRD people for supporting clean water and working for
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Munday           Pat           Trout Unlimited   Citizen Group         70.66         Non-technical       Groundwater                 General Comment              Restoration                         us on a better remedy that what's been proposed by the EPA.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                     Meeting WQB-7 standards in Silver   Parrot Tailings must be removed in order to see trout restored
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Munday           Pat           Trout Unlimited   Citizen Group         70.67           Technical         Parrott Tailings/MSD        Extent of Removal            Bow Creek                           throughout Silver Bow Creek

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                                                                                                                           Conventional lime treatment and lagoons are nineteenth century
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Munday           Pat           Walkerville, MT   Walkerville           70.68         Non-technical       Lower Area One              Development of Alternatives No Innovative Technology             technologies that don't work. We need to find something better.


                                                                                                                                                                                                                                                                                               Owns house next door and has been remodeling and released lots
                                                                                                                                                                                                                                                                                               of dust. Test the attics. Results should go in deed, otherwise
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                                                                                       Property Resale - Disclosure of     potential buyers will never know if it is safe. Has taken local dogs
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Munday           Pat           Walkerville, MT   Walkerville           70.69           Technical         Residential Metals          Attic and/or Interior Dust   Contamination/Remediation           to have their hair tested by Dr. Peterson for exposure.
                                                                                                                                                                                                                                                                                               BMPs should be "Bad Management Practices". Let's just dig the
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                              Surface Water - Storm                                                                        stuff up, not monitor it for the rest of our children's lives and on to
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Munday           Pat           Walkerville, MT   Walkerville           70.70           Technical         Water                       BMPs                         Commenter Opposes                   our grandchildren's lives, as well.
                                                                                                                                                                                                                                                           Clark Fork River                    Call it the headwaters of Silver Bow Creek - that's what it is. It's
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                                                                                       Headwaters/Downstream               not an open sewer or a storm drain. Calling it that implies that it is
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Munday           Pat           Walkerville, MT   Walkerville           70.71         Non-technical       Parrott Tailings/MSD        General Comment              Recontamination                     okay to leave it polluted.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                              Solid Media/Waste Left in                                                                    ICs mean fences. An 18-inch cap will not stand up to a tree. The
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Munday           Pat           Walkerville, MT   Walkerville           70.72         Non-technical       Place                       Extent of Removal            For Removal                         roots go too deep. Clean it up, don't cover it up.
                                                                                                                                                                                                                                                                                               The plan stinks, especially when the main PRP agrees with it.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                                                                                                                           EPA is protecting the economic health and environment, ARCO,
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington       Bernie        Walkerville, MT   Walkerville           70.73         Non-technical       Site-Wide                   General Comment              Commenter Opposes                   themselves, and their contractors.

                                                                                                                                                                                                                                                                                               ICs are a farce and are nothing but a cover up for EPA failing to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                              Solid Media/Waste Left in                                                                    do their job. EPA made two "temporary repositories" upgradient of
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington       Bernie        Walkerville, MT   Walkerville           70.74         Non-technical       Place                       Institutional Controls       General Comment                     houses in Walkerville permanent.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                    Resident -                                              Superfund Procedural                                                                         EPA says it listens to the public, but I have been involved with this
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Harrington       Bernie        Walkerville, MT   Walkerville           70.75         Non-technical       Issues                      Public Involvement           EPA disregards comments             since 1987 and you never listen to anyone.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                      Location/                                           Technical/
 ID No.      Date      Type                       Title/Opening Sentence                        Last Name    First Name       Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                      Tier III Topic                               Brief Comment Description


                                                                                                                                                                                                                                                                                                     There is doubt as to whether removing the wastes would equal
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               achieving groundwater standards. Even if groundwater standards
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Archibald          Brad          Butte, MT         Resident - Butte      70.76           Technical         Parrott Tailings/MSD        Extent of Removal             Against Removal                        were achieved, the surface water would still have to be treated.

                                                                                                                                                                                                                                                                                                     Removal of tailings would end up being much more extensive that
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               estimated before digging begins. That is always what happens. It
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Archibald          Brad          Butte, MT         Resident - Butte      70.77           Technical         Parrott Tailings/MSD        Extent of Removal             Against Removal                        would be a major problem for people in Butte.
                                                                                                                                                                                                                                                                                                     There is no exposure pathway for the wastes in the MSD, so there
                                                                                                                                                                                                                                                                                                     is no risk. If there is no risk, there should be no removal. Short-
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               term risks from a removal action far outweigh any potential
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Archibald          Brad          Butte, MT         Resident - Butte      70.78           Technical         Parrott Tailings/MSD        Extent of Removal             Against Removal                        benefits.

                                                                                                                                                                                                                                                                                                     I find it disappointing that in 17 years, adequate data to determine
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               what is happening in that aquifer downstream from the Parrott
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Deal               Ed            Butte, MT         Resident - Butte      70.79         Non-technical       Parrott Tailings/MSD        Characterization              Inadequate characterization            Tailings has not been collected. I think it is a failed investigation.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                              Solid Media/Waste Left in                                                                        Over 180 acres and 400 sites have been cleaned up. I am
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Yovich             Matt          TREC              Consultant            70.80         Non-technical       Place                       Reclamation                   Much Work Already Done                 confident of the long-term protection of the reclaimed areas.
                                                                                                                                                                                                                                                                                                     There has been much redevelopment work done. Such as
                                                                                                                                                                                                                                                                                                     Copper Mt Sports complex, Belmont Area, uptown Rails to Trails.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               The projects are good for the community and are examples of
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Yovich             Matt          TREC              Consultant            70.81         Non-technical       Site-Wide                   Redevelopment                 Commenter Supports                     what can be done in the future.
                                                                                                                                                                                                                                                                                                     Commends EPA for their recognition in the Proposed Plan of
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                              Granite Mountain Memorial                                                                        ARCO and BSB's cleanup plan for the Granite Mountain Memorial
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Yovich             Matt          TREC              Consultant            70.82         Non-technical       Area                      Redevelopment                   Commenter Supports                     Interpretive Area.

                                                                                                                                                                                                                                                                                                     Programmatic approach to lead abatement in Butte has been
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                          Multipathway Lead                                                    recognized nationally. EPA's changes to that program in the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Yovich             Matt          TREC              Consultant            70.83           Technical         Residential Metals          Abatement Program             Against Non-Targeted Sampling          Proposed Plan are not consistent nor appropriate.

                                                                                                                                                                                                                                                                                                   attic dust is related to yard contamination is related to Berkeley
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                             Pit, Lower Area One, etc. I don't see where you look at all of this
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Greb               Lee           Butte, MT         Resident - Butte      70.84         Non-technical       Site-Wide                   General Comment               Concerned about Health Effects/Risks as combined and what's going to happen. That concerns me.
                                                                                                                                                                                                                                                                                                     Why are you not going to go in and make a survey of all Butte's
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               attics and whatever would collect dust? We live in the dust day
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Greb               Lee           Butte, MT         Resident - Butte      70.85           Technical         Residential Metals          Attic and/or Interior Dust    Characterization                       after day.
                                                                                                                                                                                                                                                                                                     I know it is going to cost more than $66M - I know the
                                                                                                                                                                                                                                                                                                     government. What really worries me is that you do not prove your
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               point. You are supposed to be scientists, but you just say "this is
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Greb               Lee           Butte, MT         Resident - Butte      70.86         Non-technical       Site-Wide                   General Comment               Cost Underestimated                    what we think should be done."


                                                                                                                                                                                                                                                                                                     I am the safety consultant for Jordan Construction. I am
                                                                                                                                                                                                                                                                                                     concerned about the exposure and accident risks to the public if
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               the decision is made to remove the tailings. It will take a long time
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Storey             Darrel        Butte, MT         Resident - Butte      70.87           Technical         Parrott Tailings/MSD        Extent of Removal             Against Removal                        and there is a potential for accidents and other problems.


                                                                                                                                                                                                                                                                                                     Redevelopment is hampered by the ugliness of the mining legacy.
                                                                                                                                                                                                                                                                                                     We have a huge opportunity to dramatically improve the
                                                                                                                                                                                                                                                                                                     aesthetics of our community. We have a tough time selling the
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               community to prospective businesses because of the aesthetics.
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Smithham           Jim           Butte, MT         Resident - Butte      70.88         Non-technical       Site-Wide                   Redevelopment                 Aesthetics                             Keep aesthetics in mind.


                                                                                                                                                                                                                                                                                                   We have been working, since 1994, to improve the housing
                                                                                                                                                                                                                                                                                                   conditions in Butte and SW Montana. Since we have learned
                                                                                                                                                                                                                                                                                                   about the dangers of attic dust, we have been struggling to identify
                                                                                                                                                                                                                                                                                                   a response that protects volunteers. Owner/builders, and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Habitat for                                                                                                                                                              contractors from the hazards of working around and living with the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller             Barbara       Humanity          Citizen Group         70.89           Technical         Residential Metals          Attic and/or Interior Dust    Concerned about Health Effects/Risks smelter dust.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Habitat for                                                                                                                                                              We support the BSB notion of a redevelopment trust fund to cover
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller             Barbara       Humanity          Citizen Group         70.90         Non-technical       Site-Wide                   Redevelopment                 Funding                              unknown companion costs.


                                                                                                                                                                                                                                                                                                     EPA has underestimated the costs of attic dust cleanups. It
                                                                                                                                                                                                                                                                                                     would cost $12K to $30K per property. Under EPA's plan there
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Habitat for                                                                                                                                                                would not be enough money and homeowners would be doomed
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller             Barbara       Humanity          Citizen Group         70.91           Technical         Residential Metals          Attic and/or Interior Dust    Funding                                to paying themselves or going without cleanup.


                                                                                                                                                                                                                                                                                                     We support the push to get action levels reduced to a safe level
                                                                                                                                                                                                                                                                                                     while urging the development of a comprehensive indoor air quality
                                                                                                                                                                                                                                                                                                     component of the multi-pathway program when the cleanup
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Habitat for                                                                                           Soils and/or Interior/Attic                                          remedy is fully fleshed out. We also urge EPA to clean up highly
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller             Barbara       Humanity          Citizen Group         70.92           Technical         Residential Metals          Dust                          For Removal                            contaminated lots where children may be exposed.


                                                                                                                                                                                                                                                                                                     We should thank ARCO, BSB, and EPA for their many years of
                                                                                                                                                                                                                                                                                                     work on this cleanup and we agree much progress has been
                                                                                                                                                                                                                                                                                                     made, but we urge EPA to continue to work with local government
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Habitat for                                                                                                                                                                to respond to the needs for a much more aggressive cleanup
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller             Barbara       Humanity          Citizen Group         70.93         Non-technical       Site-Wide                   General Comment               Much Work Already Done                 along the lines BSB officials recommended.


                                                                                                                                                                                                                                                                                                     I have had to learn for myself about dust remediation during my
                                                                                                                                                                                                                                                                                                     own remodeling (presents bag of dust from wall). Dust is not just
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               in attics, it is in walls. The dust was tested and the one from the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller             Barbara       Butte, MT         Resident - Butte      70.94           Technical         Residential Metals          Attic and/or Interior Dust    Attic Dust should be removed           attic had arsenic of 313 ppm and lead of 5,490 ppm.
                                                                                                                                                                                                                                                                                                     Based on the results, the city came and vacuumed out the dust
                                                                                                                                                                                                                                                                                                     from the attic and put in the cost of replacing the insulation. We
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                               decided to have the walls vacuumed, too. We are two thirds done
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller             Barbara       Butte, MT         Resident - Butte      70.95           Technical         Residential Metals          Attic and/or Interior Dust    Attic Dust should be removed           and it has cost $21K.



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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                    Location/                                           Technical/
 ID No.      Date      Type                       Title/Opening Sentence                      Last Name     First Name      Affiliation        Sector        Comment ID.   Non-Technical/ Legal           Tier I Topic            Tier II Topic                     Tier III Topic                               Brief Comment Description


                                                                                                                                                                                                                                                                                              This type of investment might be worth it if the cost of the home is
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        $60K+, or if health or depression problems plague the household.
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller           Barbara        Butte, MT        Resident - Butte      70.96           Technical         Residential Metals      Attic and/or Interior Dust    Funding                               If done right, there should be some energy savings, too.
                                                                                                                                                                                                                                                                                              The current plan only covers attics, but there is fine dust in every
                                                                                                                                                                                                                                                                                              joint, crack, seam, hole, vent. The partial plan is not safe. Arsenic
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        in smelter dust is much more toxic than naturally occurring
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller           Barbara        Butte, MT        Resident - Butte      70.97           Technical         Residential Metals      Attic and/or Interior Dust    Attic Dust should be removed          arsenic.

                                                                                                                                                                                                                                                                                              Redevelopment trust fund is critical element to help with loan
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        guarantees and matching funds for homeowners. We are
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Miller           Barbara        Butte, MT        Resident - Butte      70.98         Non-technical       Site-Wide               Redevelopment                 Funding                               frustrated saying that we cannot support the plan as it is now.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        EPA's plan seems to be a compromise between citizen health and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Parwana          Noorjahan      Butte, MT        Resident - Butte      70.99         Non-technical       Residential Metals      Attic and/or Interior Dust    Attic Dust should be removed          ARCO's pocketbook. I think that is just a sell out.


                                                                                                                                                                                                                                                                                              I unknowingly pulled down my ceiling and was covered with attic
                                                                                                                                                                                                                                                                                              dust. For a recent remodeling project, EPA told me to go to the
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        health department. Their solution was to lend me a vacuum
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Parwana          Noorjahan      Butte, MT        Resident - Butte     70.100           Technical         Residential Metals      Attic and/or Interior Dust    Attic Dust should be removed          cleaner that didn't have any attachments.
                                                                                                                                                                                                                                                                                              I had my house resided this summer. There was black
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        everywhere. I had a window replaced and black dust came
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Parwana          Noorjahan      Butte, MT        Resident - Butte     70.101           Technical         Residential Metals      Attic and/or Interior Dust    Attic Dust should be removed          filtering out.


                                                                                                                                                                                                                                                                                              I don't have children, so I can't get my yard cleaned up, but there
                                                                                                                                                                                                                                                                                              is high lead. There is also lead on the hill behind me where
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                    Soils and/or Interior/Attic                                         children sled and in the alley, where they play in the dirt (because
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Parwana          Noorjahan      Butte, MT        Resident - Butte     70.102           Technical         Residential Metals      Dust                          Reclamation needed                    there is no grassy place to play). This should be taken care of.
                                                                                                                                                                                                                                                                                              BMP and SMC laws come about through a compromise between
                                                                                                                                                                                                                                                                                              people who are concerned for the environment and corporations
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Surface Water - Storm                                                                       who want to make sure their bottom dollar is protected. They are
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Parwana          Noorjahan      Butte, MT        Resident - Butte     70.103           Technical         Water                   BMPs                          Commenter Opposes                     not adequate.


                                                                                                                                                                                                                                                                                              EPA's past behavior gives no confidence that the input of citizens
                                                                                                                                                                                                                                                                                              is really wanted. In previous RODs (Warm Springs, Berkeley Pit)
                                                                                                                                                                                                                                                                                              EPA did not listen to public comment. EPA ignored thousands of
                                                                                                                                                                                                                                                                                              public comments in the responsiveness summaries for those
                                                                                                                                                                                                                                                                                              sites. EPA would not allow any public comment on the TCRAs for
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Superfund Procedural                                                                        the BPSOU. Promised review and relevant public involvement are
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Craig            Mary Kay       Butte, MT        Resident - Butte     70.104         Non-technical       Issues                  Public Involvement            EPA limits public comment             not allowed in the BPSOU proposed plan.
                                                                                                                                                                                                                                                                                              Technical assistance groups, like TAGs, are a requirement. EPA
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Superfund Procedural                                                                        has made CTEC toothless by threatening to pull their grant if they
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Craig            Mary Kay       Butte, MT        Resident - Butte     70.105         Non-technical       Issues                  Public Involvement            EPA limits public comment             get out of hand.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        We have previously requested air quality studies and have been
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Craig            Mary Kay       Butte, MT        Resident - Butte     70.106           Technical         Air Quality             Air Monitoring                Characterization                      ignored.


                                                                                                                                                                                                                                                                                              We hear a different opinion from those who work on the cleanup
                                                                                                                                                                                                                                                                                              than from ordinary citizens. Citizens who are unpaid to deal with
                                                                                                                                                                                                                                                                                              these issues are most important. EPA's responsiveness summary
                                                                                                                                                                                                                                                                                              needs to separate these people out. Pea continues to reverence
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Superfund Procedural                                                                        the corporate PRP, ARCO, over the dignity of the human persons
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Craig            Mary Kay       Butte, MT        Resident - Butte     70.107         Non-technical       Issues                  Public Involvement            EPA limits public comment             who live here and who you work for.
                                                                                                                                                                                                                                                                                             Of utmost concern to me are the human health issues that have
                                                                                                                                                                                                                                                                                             been uncovered by the Imagine Butte Community Needs Survey.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                       The data show that something is going on with respect to indoor
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett          Bob            Butte, MT        Resident - Butte     70.108           Technical         Site-Wide               Human Health Risk             Concerned about Health Effects/Risks air quality in Butte.
                                                                                                                                                                                                                                                                                              EPA clearly does not understand the infiltration characteristics of
                                                                                                                                                                                                                                                                                              old buildings. Dust is everywhere in these buildings and there IS
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        an exposure pathway for indoor air. It is bad science to say
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett          Bob            Butte, MT        Resident - Butte     70.109           Technical         Residential Metals      Attic and/or Interior Dust    Pathways                              otherwise.

                                                                                                                                                                                                                                                                                              Buildings are influenced by a number of factors, some natural and
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        some occupant controlled, which affect the way and the rate that
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett          Bob            Butte, MT        Resident - Butte     70.110           Technical         Residential Metals      Attic and/or Interior Dust    Pathways                              indoor air is replaced by outdoor air.

                                                                                                                                                                                                                                                                                              To assume that deposited dust does not move is folly. The
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        heating system creates a stack effect that can move dust around
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett          Bob            Butte, MT        Resident - Butte     70.111           Technical         Residential Metals      Attic and/or Interior Dust    Pathways                              within a residence. If it is toxic dust, there is a problem.


                                                                                                                                                                                                                                                                                              Human nature will thwart any ICs that are planned. People will
                                                                                                                                                                                                                                                                                              accidentally themselves out of ignorance or purposely expose
                                                                                                                                                                                                                                                                                              themselves doing repairs because they are afraid telling someone
                                                                                                                                                                                                                                                                                              will cost them money. Also, poor people are much more likely to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        use attics or basements for sleeping space. People will not apply
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett          Bob            Butte, MT        Resident - Butte     70.112         Non-technical       Residential Metals      Attic and/or Interior Dust    Pathways                              for building permits.


                                                                                                                                                                                                                                                                                              Even if you could keep people out of their attics, they would still be
                                                                                                                                                                                                                                                                                              exposed to contaminants coming from the building envelope. Your
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                        plan would essentially abandon these people to their own
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett          Bob            Butte, MT        Resident - Butte     70.113         Non-technical       Residential Metals      Attic and/or Interior Dust    Pathways                              resources. Butte deserves better.

                                                                                                                                                                                                                                                                                              I support EPA's preferred plan. It is a good, solid plan. It may not
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                   Pioneer Technical                                                                                                                                                    be perfect, but I am very confident that whatever problems may
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Bullock          Bill           Services          Consultant          70.114         Non-technical       Site-Wide               General Comment               Commenter Supports                    crop up, or will crop up as we finish cleanup, will be solved.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                     Location/                                           Technical/
 ID No.      Date      Type                       Title/Opening Sentence                       Last Name     First Name      Affiliation        Sector        Comment ID.   Non-Technical/ Legal          Tier I Topic            Tier II Topic                  Tier III Topic                          Brief Comment Description


                                                                                                                                                                                                                                                                                      I know from experience that the extent of tailings in the Parrott
                                                                                                                                                                                                                                                                                      Tailings area is much greater than assessed in studies. If you
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Pioneer Technical                                                                                                                                           want to remove the tailings to clean groundwater, you will have to
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Bullock           Bill           Services          Consultant          70.115           Technical         Parrott Tailings/MSD    Extent of Removal       Against Removal                    remove the Civic Center, too.


                                                                                                                                                                                                                                                                                      There has to be a cost/benefit ratio. We can tear up all of the
                                                                                                                                                                                                                                                                                      upper Harrison Avenue business district and maybe not get all of
                                                                                                                                                                                                                                                                                      the source material. What is the benefit? It is likely that there will
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Pioneer Technical                                                                                                                                           be enough waste left in place that ARCO will STILL have to do
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Bullock           Bill           Services          Consultant          70.116           Technical         Parrott Tailings/MSD    Extent of Removal       Against Removal                    groundwater treatment in perpetuity.
                                                                                                                                                                                                                                                                                      I do not know whether it is better to remove the tailings or leave
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                them in place because we do not have enough information to
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Zaluski           Marek          MSE              Consultant           70.117           Technical         Parrott Tailings/MSD    Extent of Removal       Commenter needs more information   make such a multimillion dollar decision.


                                                                                                                                                                                                                                                                                      The site characterization in the FS is inadequate to understand
                                                                                                                                                                                                                                                                                      how the groundwater regime behaves, how the contaminant
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                transport happens, and how large how deep is the extent of
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Zaluski           Marek          MSE              Consultant           70.118           Technical         Parrott Tailings/MSD    Characterization        Inadequate characterization        contamination. More information is needed.


                                                                                                                                                                                                                                                                                      Methods used for characterization of the groundwater are 50
                                                                                                                                                                                                                                                                                      years old. Modern tools exist, like groundwater modeling,
                                                                                                                                                                                                                                                                                      transport modeling, geochemical modeling, etc. EPA's GW tech
                                                                                                                                                                                                                                                                                      center focused on the lack of data in their review. They did not
                                                                                                                                                                                                                                                                                      criticize the technical tools used because they did not want to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                embarrass the HQ office or others that sent the CDM report as a
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Zaluski           Marek          MSE              Consultant           70.119           Technical         Parrott Tailings/MSD    Characterization        Inadequate characterization        sufficient source to make the multi-million-dollar decision.


                                                                                                                                                                                                                                                                                      MSE and MERDI have been involved in redevelopment of mining
                                                                                                                                                                                                                                                                                      properties for a number of years. We are the prime mover for
                                                                                                                                                                                                                                                                                      redevelopment of over 30 acres of Brownfield areas east of As
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                street. The redeveloped property will benefit the entire community
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Peoples           Don            MERDI            Business Group       70.120         Non-technical       Site-Wide               Redevelopment           Brownfields                        - particularly the uptown area.


                                                                                                                                                                                                                                                                                      Taking on the abandoned property was a wise decision. It is only
                                                                                                                                                                                                                                                                                      the beginning of a larger development that will improve the entire
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                area east of AZ street to Continental Drive. This will be attractive
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Peoples           Don            MERDI            Business Group       70.121         Non-technical       Site-Wide               Redevelopment           Brownfields                        and will be an economically viable interest to Butte's uptown area.


                                                                                                                                                                                                                                                                                      MSE and MERDI initially supported the proposed plan with three
                                                                                                                                                                                                                                                                                      conditions: protection of public health and safety, ARCO would
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                establish O&M fund, and redevelopment fund would be
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Peoples           Don            MERDI            Business Group       70.122         Non-technical       Site-Wide               General Comment         Commenter Supports                 established by ARCO to serve as fair compensation.


                                                                                                                                                                                                                                                                                      MSE and MERDI now has reservations about supporting the plan
                                                                                                                                                                                                                                                                                      because EPA is restricted by its own regulations to consider
                                                                                                                                                                                                                                                                                      restoration and redevelopment and the plan does not contain
                                                                                                                                                                                                                                                                                      elements of funding and integration for the future of restoration
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                and redevelopment. We still believe the parties involved can get
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Peoples           Don            MERDI            Business Group       70.123         Non-technical       Site-Wide               Redevelopment           Economic Effects                   together and work out a win/win result for Butte.
                                                                                                                                                                                                                                                                                      We definitely support most of what the proposed plan says for the
                                                                                                                                                                                                                                                                                      solid media elements. We will work with EPA and the county to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                finish up the reclaimed areas and to address the unreclaimed
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Stillwell         Chuck          ARCO             PRP                  70.124           Technical         Site-Wide               Waste left in place     Commenter Supports                 mine sites.


                                                                                                                                                                                                                                                                                      The BMP process has been done and is a tried and true process
                                                                                                                                                                                                                                                                                      of cleaning up where you don't have an "end of pipe" discharge.
                                                                                                                                                                                                                                                                                      It's hard to understand the system dynamics when you have
                                                                                                                                                                                                                                                                                      waste coming in from all over town - so it takes time. Monitoring
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                             Surface Water - Storm                                                              data show that our approach is working and EPA is simply saying
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Stillwell         Chuck          ARCO             PRP                  70.125           Technical         Water                   BMPs                    Supports BMP program               that the process will continue.

                                                                                                                                                                                                                                                                                      What we don't agree with is that, when it is all said and done, if
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                             Surface Water - Storm                                                              the BMP process doesn't work, we build a treatment plant to do
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Stillwell         Chuck          ARCO             PRP                  70.126           Technical         Water                   Storm Water Treatment   Commenter Opposes                  the final work. The BMP process is going to work.

                                                                                                                                                                                                                                                                                      We believe a lagoon system of treatment is what is needed - not a
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                     Conventional Lime                                          conventional lime treatment system. Give us a few years to prove
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett           Bob            Butte, MT        Resident - Butte     70.127           Technical         Lower Area One          Treatment               Commenter Opposes                  that the newly expanded system will work.


                                                                                                                                                                                                                                                                                      The science is clear and the decision is consistent with other
                                                                                                                                                                                                                                                                                      communities. We already have a need to treat groundwater when
                                                                                                                                                                                                                                                                                      it surfaces in this area, so it doesn't make sense to do a whole lot
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                                more removal in the area. The strongest opponents of this are the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Corbett           Bob            Butte, MT        Resident - Butte     70.128           Technical         Parrott Tailings/MSD    Extent of Removal       Against Removal                    State of Montana and they are driven by their NRD position.
                                                                                                                                                                                                                                                                                      Data are inadequate, but a decision must be made. CFC
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Clark Fork                                                                                                                                                  supports removal of accessible wastes from channel. Treatment
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Brick             Chris          Coalition        Citizen Group        70.129           Technical         Parrott Tailings/MSD    Extent of Removal       Removal of Accessible Wastes       of GW will still be needed, but will be lessened.


                                                                                                                                                                                                                                                                                      Glad to hear about multi-pathway approach for lead, arsenic, and
                                                                                                                                                                                                                                                                                      mercury vapors. This is excellent way to build current abatement
                                                                                                                                                                                                                                                                                      program. When you are testing for the multi-pathway approach,
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                    Clark Fork                                                                                       Multipathway Lead                                          you could also reevaluate for potential migration pathways of dust
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Brick             Chris          Coalition        Citizen Group        70.130           Technical         Residential Metals      Abatement Program       Supports Lead Program              from wall spaces and from attics.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                  Location/                                             Technical/
 ID No.      Date      Type                       Title/Opening Sentence                     Last Name    First Name      Affiliation         Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic            Tier II Topic                     Tier III Topic                       Brief Comment Description


                                                                                                                                                                                                                                                                                     It is clear that money is needed for redevelopment. I hope it is not
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                 Clark Fork                                                                                                                                                    held hostage as a tradeoff between having a really comprehensive
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Brick           Chris         Coalition          Citizen Group        70.131         Non-technical       Site-Wide              Redevelopment                Funding                        cleanup and having this redevelopment money. Butte needs both.
                                                                                                                                                                                                                                                                                     This is a complex site and it is hard for the average citizen to
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                Public Education/Technical     understand. People should call CTEC for and impartial and
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.132         Non-technical       Site-Wide              Public Involvement           Communication                  objective idea of what's going on.


                                                                                                                                                                                                                                                                                     A lot of good things have happened with the cleanup. People's
                                                                                                                                                                                                                                                                                     exposure from waste piles and storm water runoff has been
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               lessened. We are here to keep things moving in a positive
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.133         Non-technical       Site-Wide              General Comment              Much Work Already Done         direction and bring about the best end to this process.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               CTEC believes that there is a proven exposure pathway and that
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.134           Technical         Residential Metals     Attic and/or Interior Dust   Attic Dust should be removed   the dust should be cleaned up in all areas of people's houses.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               Action levels are too high. 1 in 20 Butte kids is too high to have
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.135           Technical         Site-Wide              Human Health Risk            Action Levels                  elevated lead levels. 1 in 10,000 is too high for the cancer rate.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               The funding was only been costed out for 100 years. It needs to
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.136           Technical         Site-Wide              General Comment              Cost Underestimated            be forever.
                                                                                                                                                                                                                                                                                     CTEC believes that the Parrot tailings should be removed,
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               because there is not enough data to prove that they should be left
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.137           Technical         Parrott Tailings/MSD   Extent of Removal            For Removal                    in place.

                                                                                                                                                                                                                                                                                     We think the plan is too rigid. There are good and bad aspects of
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               the plan and the public should be allowed to vote on individual
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.138         Non-technical       Site-Wide              General Comment              Commenter Opposes              components and create a better overall plan.
                                                                                                                                                                                                                                                                                     We hope the final decision pursues a cleanup remedy which
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               fosters redevelopment beyond an 18-inch cap with fences around
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.139         Non-technical       Site-Wide              Redevelopment                Land Use                       it.
                                                                                                                                                                                                                                                                                     The public believes that EPA will not listen to them. This is EPA's
                                                                                                                                                                                                                                                                                     chance to prove otherwise. Have more public meetings. One
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                            Superfund Procedural                                                               meeting doesn't do justice to 20 years of bringing about a
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Magruder        Ian           CTEC               Citizen Group        70.140         Non-technical       Issues                 Public Involvement           EPA limits public comment      Proposed Plan.

                                                                                                                                                                                                                                                                                     No rationale for EPA's selection of conventional lime treatment.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                   Conventional Lime                                           The lagoons are better for many reasons, and we have long-term
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                McCarthy        Dave          ARCO               PRP                  70.141           Technical         Lower Area One         Treatment                    Commenter Opposes              O&M data to prove it. We can share the data with anyone
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                   Conventional Lime                                           The lagoon system will have less sludge to deal with than the
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                McCarthy        Dave          ARCO               PRP                  70.142           Technical         Lower Area One         Treatment                    Commenter Opposes              conventional lime treatment system.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               The lagoon system will be much more aesthetically pleasing than
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                McCarthy        Dave          ARCO               PRP                  70.143         Non-technical       Lower Area One         Treatment Lagoons            Aesthetics                     a conventional lime treatment system
                                                                                                                                                                                                                                                                                     The lagoon system will meet the most stringent standards for
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                   Conventional Lime                                           arsenic, cadmium, copper, lead, and zinc. Conventional treatment
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                McCarthy        Dave          ARCO               PRP                  70.144           Technical         Lower Area One         Treatment                    Commenter Opposes              may not

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                   Conventional Lime                                           The lagoon system uses less lime and will not need flocculants or
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                McCarthy        Dave          ARCO               PRP                  70.145           Technical         Lower Area One         Treatment                    Commenter Opposes              other chemicals needed by the conventional system.

                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                   Conventional Lime                                           The lagoon system is better able to deal with upsets than
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                McCarthy        Dave          ARCO               PRP                  70.146           Technical         Lower Area One         Treatment                    Commenter Opposes              conventional treatment, given the large size and retention time.
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                   Conventional Lime
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                McCarthy        Dave          ARCO               PRP                  70.147           Technical         Lower Area One         Treatment                    Commenter Opposes              The lagoon system is less expensive than conventional treatment.
                                                                                                                                                                                                                                                                                     I run a 90-year old business on Harrison Ave, next to the Storm
                                                                                                                                                                                                                                                                                     Drain. There are tailings under the building, under the parking lot,
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               and under the streets around us. They do not bother us. We are
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Bruner          Lee           Butte, MT          Resident - Butte     70.148         Non-technical       Parrott Tailings/MSD   Extent of Removal            Against Removal                separated by asphalt or concrete.


                                                                                                                                                                                                                                                                                     Removal of the tailings would be a major disruption to our
                                                                                                                                                                                                                                                                                     business. All for some hypothetical ideas that things might get
                       public mtg   Before the EPA Public Meeting on the Proposed Plan                                                                                                                                                                                               better. We don't want our business torn up and disrupted just on
   70      25-Jan-05   transcript   for the BPSOU Cleanup                                Bruner          Lee           Butte, MT          Resident - Butte     70.149         Non-technical       Parrott Tailings/MSD   Extent of Removal            Against Removal                the chance that things might get better way out in the future.


                                                                                                                                                                                                                                                                                     BSB took a positive, proactive approach and prepared its own
                                                                                                                                                                                                                                                                                     version of what we wanted to see in EPA's preferred remedy. It
                       public mtg   Before the EPA - Second Public Meeting for the                                     Chief Executive,                                                                                                                                              was laid out in great detail and approved by the council of
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup                  Babb            Paul          BSB                PRP                   71.1          Non-technical       Site-Wide              ARCO/BSB Agreement           General Comment                commissioners in October 2004.
                                                                                                                                                                                                                                                                                     BSB entered into preliminary negotiations with ARCO to achieve a
                                                                                                                                                                                                                                                                                     preliminary understanding of our roles under the ROD. We
                                                                                                                                                                                                                                                                                     presented a proposed settlement sheet to the council of
                                                                                                                                                                                                                                                                                     commissioners (they will vote on March 23). It is our intention that
                       public mtg   Before the EPA - Second Public Meeting for the                                     Chief Executive,                                                                                                                                              the alternative assurances from ARCO will complement EPA's
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup                  Babb            Paul          BSB                PRP                   71.2          Non-technical       Site-Wide              ARCO/BSB Agreement           General Comment                remedy.


                                                                                                                                                                                                                                                                                     Three critical programs were obtained in these negotiations:
                                                                                                                                                                                                                                                                                     continuation of the lead poisoning prevention program (including
                                                                                                                                                                                                                                                                                     attic dust), long-term capitol improvement program to
                                                                                                                                                                                                                                                                                     repair/replace all municipal storm water systems in the BPSOU,
                       public mtg   Before the EPA - Second Public Meeting for the                                     Chief Executive,                                                                                                                                              and a significant redevelopment trust fund to assist with the
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup                  Babb            Paul          BSB                PRP                   71.3            Technical         Site-Wide              ARCO/BSB Agreement           General Comment                impacts of leaving waste in place.
                                                                                                                                                                                                                                                                                     Overall BSB believes EPA's preferred remedy is a positive step in
                                                                                                                                                                                                                                                                                     many right directions and is consistent in many ways with the
                       public mtg   Before the EPA - Second Public Meeting for the                                     Chief Executive,                                                                                                                                              BSB position. We urge EPA to consider, and reconsider, the
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup                  Babb            Paul          BSB                PRP                   71.4            Technical         Site-Wide              ARCO/BSB Agreement           General Comment                details of our proposal.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                Location/                                             Technical/
 ID No.      Date      Type                       Title/Opening Sentence                   Last Name    First Name      Affiliation         Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic             Tier II Topic                      Tier III Topic                               Brief Comment Description


                                                                                                                                                                                                                                                                                             BSB believes continuation of the multi-pathway lead program is
                                                                                                                                                                                                                                                                                             critical and is ready, willing, and able to implement any multi-
                                                                                                                                                                                                                                                                                             pathway programmatic approach required by the ROD to address
                       public mtg   Before the EPA - Second Public Meeting for the                                   Chief Executive,                                                                                   Multipathway Lead                                                    lead, arsenic, and mercury. These contaminants need to be
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Babb              Paul          BSB                PRP                   71.5            Technical         Residential Metals      Abatement Program            BSB responsible for program or O&M      addressed in outside yards and indoor living areas.

                                                                                                                                                                                                                                                                                             BMPs are only part of the solution. Seeking funding from ARCO
                       public mtg   Before the EPA - Second Public Meeting for the                                   Chief Executive,                                                           Surface Water - Storm                                                                        for a long-term capital improvement system to repair and replace
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Babb              Paul          BSB                PRP                   71.6            Technical         Water                   BMPs                         Commenter Opposes                       the municipal storm water systems in the OU.


                                                                                                                                                                                                                                                                                             Five criteria provided earlier to EPA must be met, including
                                                                                                                                                                                                                                                                                             establishment of a trust fund to operate, maintain, and monitor
                       public mtg   Before the EPA - Second Public Meeting for the                                   Chief Executive,                                                                                                                                                        the facilities as long as required. Lagoon system may meet the
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Babb              Paul          BSB                PRP                   71.7            Technical         Lower Area One          Treatment Lagoons            Community Acceptance                    five criteria, but ARCO needs to prove it to the county.
                                                                                                                                                                                                                                                                                             Six criteria for EPA to meet were provided earlier by the county.
                       public mtg   Before the EPA - Second Public Meeting for the                                   Chief Executive,                                                                                                                                                        This includes a trust fund for operation, maintenance, and
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Babb              Paul          BSB                PRP                   71.8            Technical         Parrott Tailings/MSD    Extent of Removal            Community Acceptance                    management of remedies.

                                                                                                                                                                                                                                                                                             The county supports the waste-in-place remedy because we are
                       public mtg   Before the EPA - Second Public Meeting for the                                   Chief Executive,                                                                                                                                                        confident that we can secure a meaningful redevelopment trust
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Babb              Paul          BSB                PRP                   71.9            Technical         Site-Wide               Waste left in place          Commenter Supports                      fund through our negotiations with ARCO
                                                                                                                                                                                                                                                                                             The county requests that EPA establish in the ROD a high
                       public mtg   Before the EPA - Second Public Meeting for the                                   Chief Executive,                                                                                                                                                        priority form Brownfields grants and permanently station a
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Babb              Paul          BSB                PRP                   71.10           Technical         Site-Wide               Redevelopment                Brownfields                             Brownfields expert in the Butte EPA office.
                                                                                                                                                                                                                                                                                             The county requests that any resource damages which occurred
                       public mtg   Before the EPA - Second Public Meeting for the                                   Chief Executive,                                                                                                                                                        in Butte be specifically earmarked for restoration projects in Butte
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Babb              Paul          BSB                PRP                   71.11         Non-technical       Site-Wide               NRDP                         Funding                                 and Butte alone.
                                                                                                                                                                                                                                                                                           EPA has nine criteria for evaluating a remedy, but there is a higher
                                                                                                                                                                                                                                                                                           criterion that assumes these nine. Because the purpose of
                                                                                                                                                                                                                                                                                           government is to achieve justice in society, justice, then, is the
                                                                                                                                                                                                                                                                                           overriding criterion. Government exists to take care of the poor
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                   EPA did not account for Environmental and injured. The rich and strong can better take care of
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Ray               Dr. John W.   Butte, MT          Resident - Butte      71.12         Non-technical       Site-Wide               Environmental Justice        Justice                               themselves.
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                   EPA did not account for Environmental
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Ray               Dr. John W.   Butte, MT          Resident - Butte      71.13         Non-technical       Site-Wide               Environmental Justice        Justice                               Various definitions of the word "justice" provided.
                                                                                                                                                                                                                                                                                           People have a right to a clean and healthy environment because it
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                   EPA did not account for Environmental is part of human dignity. One cannot have dignity in a degraded,
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Ray               Dr. John W.   Butte, MT          Resident - Butte      71.14         Non-technical       Site-Wide               Environmental Justice        Justice                               polluted environment.

                                                                                                                                                                                                                                                                                           A clean and healthy natural environment is guaranteed in the
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                   EPA did not account for Environmental Montana Constitution. It is not in the National Constitution, but is
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Ray               Dr. John W.   Butte, MT          Resident - Butte      71.15         Non-technical       Site-Wide               Environmental Justice        Justice                               assumed by many acts. Without it, we do not have justice.

                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                   EPA did not account for Environmental The poorest citizens live in the BPSOU. As long as they bear a
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Ray               Dr. John W.   Butte, MT          Resident - Butte      71.16         Non-technical       Site-Wide               Environmental Justice        Justice                               disproportionate toxic burden, no remedy can be accepted.


                                                                                                                                                                                                                                                                                           Because there are toxics present and illnesses that could have
                                                                                                                                                                                                                                                                                           been caused by the toxics, EPA should use the precautionary
                                                                                                                                                                                                                                                                                           principle to address them. EPA has done this in the past - when
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                   EPA did not account for Environmental lead was banned from gasoline. The poor are the least able to
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Ray               Dr. John W.   Butte, MT          Resident - Butte      71.17         Non-technical       Site-wide               Environmental Justice        Justice                               tolerate these toxics and justice demands that they are protected.
                                                                                                                                                                                                                                                                                           The whole notion of attic dust is a misnomer. It should be indoor
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                   EPA did not account for Environmental dust. It is everywhere inside the homes. It is very bioavailable
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Ray               Dr. John W.   Butte, MT          Resident - Butte      71.18         Non-technical       Site-wide               Environmental Justice        Justice                               and affects the poor greatly.
                                                                                                                                                                                                                                                                                             Atlantic Richfield is pleased to support the proposed plan. It's
                                                                                                                                                                                                                                                                                             time to move forward and complete our obligations that we've had
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                           established here and set forth for so long. We do have two
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Bullock           Robin         ARCO               PRP                   71.19         Non-technical       Site-Wide               General Comment              Commenter Supports                      exceptions to our support of the plan.
                                                                                                                                                                                                                                                                                             The first exception is the wetlands lagoon system, which we
                                                                                                                                                                                                                                                                                             believe is a better system than the conventional lime treatment
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                           specified in the plan. It is better from a management and
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Bullock           Robin         ARCO               PRP                   71.20           Technical         Lower Area One          Treatment Lagoons            Commenter Supports                      aesthetics standpoint.

                                                                                                                                                                                                                                                                                             The second exception is that we support the multi-pathway
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                      Multipathway Lead                                                    approach over a reasonable period of time. A long-term approach
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Bullock           Robin         ARCO               PRP                   71.21           Technical         Residential Metals      Abatement Program            Supports Lead Program                   is a mutual benefit which is realized to the citizens of Butte.
                                                                                                                                                                                                                                                                                             The basic premise of the outstanding NRD claim is very
                                                                                                                                                                                                                                                                                             consistent with what the Proposed Plan lays out. It is stated that
                                                                                                                                                                                                                                                                                             they hoped that the PP would keep the Parrott Tailings in place,
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                           and that's what caused the residual claim to be what it was as far
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Bullock           Robin         ARCO               PRP                   71.22           Technical         Parrott Tailings/MSD    NRDP                         Technical record                        as restoration activities.
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                           We believe the PP is consistent with other remedies in the Basin,
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Bullock           Robin         ARCO               PRP                   71.23         Non-technical       Site-Wide               General Comment              Commenter Supports                      and with the BSB/Atlantic Richfield term sheet.


                                                                                                                                                                                                                                                                                             CTEC has prepared a paper that details an approach to
                                                                                                                                                                                                                                                                                             abatement. It includes some elements in BSB's plan as well as
                                                                                                                                                                                                                                                                                             some new ones. CTEC believes it is imperative to remove attic
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                           dust, both from a health perspective and because of the stigma
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Magruder          Ian           CTEC               Citizen Group         71.24           Technical         Residential Metals      Attic and/or Interior Dust   Attic Dust should be removed            that will be associated with uncleaned houses.
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                           Not enough information. In the absence of further information,
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Magruder          Ian           CTEC               Citizen Group         71.25           Technical         Parrott Tailings/MSD    Extent of Removal            Commenter needs more information        CTEC would like the tailings to be removed.
                                                                                                                                                                                                                                                                                             Lead remedial goals need to be evaluated to incorporate the local
                                                                                                                                                                                                                                                                                             presence of lead-based paint, higher levels than the national
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                           average in drinking water, and the presence of attic dust and other
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Magruder          Ian           CTEC               Citizen Group         71.26           Technical         Site-Wide               Human Health Risk            Action Levels                           indoor contaminated dust.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                               Location/                                           Technical/
 ID No.      Date      Type                       Title/Opening Sentence                 Last Name     First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic            Tier II Topic                    Tier III Topic                                 Brief Comment Description
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       CTEC believes that the arsenic action levels need to be
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Magruder        Ian            CTEC             Citizen Group         71.27           Technical         Site-Wide              Human Health Risk            Action Levels                           reevaluated. The current remedial goal is too high.


                                                                                                                                                                                                                                                                                         EPA, DEQ, and NRD have failed the citizens of Butte (as well as
                                                                                                                                                                                                                                                                                         the entire Pacific Northwest Region). Their cleanup approach is a
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       band aid and aspirin approach when what we need is a major
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Daley           Fritz          Butte, MT        Resident - Butte      71.28         Non-technical       Site-Wide              General Comment              Commenter Opposes                       reconstructive surgery approach.


                                                                                                                                                                                                                                                                                         My main focus has always been the cleanup of Butte's portion of
                                                                                                                                                                                                                                                                                         Silver Bow Creek. EPA's decision will eventually lead to
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       recontamination of the creek and will results in fish kills in the
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Daley           Fritz          Butte, MT        Resident - Butte      71.29           Technical         Parrott Tailings/MSD   Extent of Removal            For Removal                             Clark Fork and millions of dollars of cleanup in the future.
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                  Conventional Lime                                                    A conventional lime treatment plant is preferable to the current
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Daley           Fritz          Butte, MT        Resident - Butte      71.30           Technical         Lower Area One         Treatment                    Commenter Supports                      treatment lagoons.


                                                                                                                                                                                                                                                                                         I find it unbelievable that EPA would propose cleaning our creek to
                                                                                                                                                                                                                                                                                         a lower standard than the rest of the creek. That's wrong. You
                                                                                                                                                                                                                                                                                         find it essential to remove the tailings from Milltown Dam, yet you
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       are not going to remove them from Butte. They are the same
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Daley           Fritz          Butte, MT        Resident - Butte      71.31         Non-technical       Parrott Tailings/MSD   Extent of Removal            For Removal                             tailings. If they are toxic in Missoula, they are toxic in Butte.


                                                                                                                                                                                                                                                                                         I'd like to see the water that used to be in Silver Bow Creek, and
                                                                                                                                                                                                                                                                                         that's in Dixie Creek and that's in Yankee Doodle Creek, diverted
                                                                                                                                                                                                                                                 Clark Fork River                        in a pipeline and placed into Silver Bow Creek. It's not the Metro
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                               Headwaters/Downstream                   Storm Drain - call it what you want, but it's the Silver Bow Creek
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Daley           Fritz          Butte, MT        Resident - Butte      71.32           Technical         Parrott Tailings/MSD   General Comment              Recontamination                         and it should be reestablished as it should be.
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                               EPA did not account for Environmental
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Corbett         Bob            Butte, MT        Resident - Butte      71.33           Technical         Site-Wide              Environmental Justice        Justice                                 How is environmental justice embodied in the plan?
                                                                                                                                                                                                                                                                                         Why did EPA not do more to involve the citizens of Butte when it
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                           Superfund Procedural                                                                        became clear they were not participating in the comment and
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Corbett         Bob            Butte, MT        Resident - Butte      71.34           Technical         Issues                 Public Involvement           EPA limits public comment               review process?

                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       Who should bear the cost of cleanup in the homeowner decides to
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Corbett         Bob            Butte, MT        Resident - Butte      71.35         Non-technical       Residential Metals     Attic and/or Interior Dust   Funding                                 remodel or sell his home to someone who wished to remodel?
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       What are the institutional controls you would impose on
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Corbett         Bob            Butte, MT        Resident - Butte      71.36         Non-technical       Residential Metals     Institutional controls       General Comment                         homeowners?
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       Why is an action level of 250 mg/kg clean enough when it is
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Corbett         Bob            Butte, MT        Resident - Butte      71.37           Technical         Site-Wide              Human Health Risk            Action Levels                           higher at other sites?
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       Why did the original Anaconda Stack Plume OU not extend
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Corbett         Bob            Butte, MT        Resident - Butte      71.38           Technical         Site-Wide              General Comment              Out of scope                            further to include at least the BPSOU?
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       Why is Region 8's historical record of arsenic action levels so
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Corbett         Bob            Butte, MT        Resident - Butte      71.39           Technical         Site-Wide              Human Health Risk            Action Levels                           much higher than in other parts of the country?
                                                                                                                                                                                                                                                                                         I am sorry there are not more people here tonight. I know that
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                           Superfund Procedural                                                                        EPA did a lot of advertising and I appreciate that. I think it is
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              McDonald        Mary Jo        Butte, MT        Resident - Butte      71.40         Non-technical       Issues                 Public Meeting               Public involvement at Public Meeting    wonderful on your part that you did that.
                                                                                                                                                                                                                                                                                      It is sad that after 25 years of investigation, EPA admits that we
                                                                                                                                                                                                                                                                                      don't know if toxics left my mining and smelting in this community
                                                                                                                                                                                                                                                                                      are making people ill. Why hasn't the community health
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                    department done the studies already? I am tired of hearing that we
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              McDonald        Mary Jo        Butte, MT        Resident - Butte      71.41         Non-technical       Site-Wide              Human Health Risk            Concerned about Health Effects/Risks didn't have the money.


                                                                                                                                                                                                                                                                                         We have done less than what the EPA mission states. How many
                                                                                                                                                                                                                                                                                         people here think that 30 years is a reasonable time frame for
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       cleaning up indoor dust and yards? That's not an aggressive
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              McDonald        Mary Jo        Butte, MT        Resident - Butte      71.42         Non-technical       Residential Metals     Attic and/or Interior Dust   Timeframe                               remedy to protect people in this community.
                                                                                                                                                                                                                                                                                       Companies have reaped great rewards on the backs of the people
                                                                                                                                                                                                                                                                                       of Butte and it's time that these same companies and the
                                                                                                                                                                                                                                                                                       government of our city step up to the plate and say "We will do
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                               EPA did not account for Environmental better for the community". It should happen in much less time
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              McDonald        Mary Jo        Butte, MT        Resident - Butte      71.43         Non-technical       Site-Wide              Environmental Justice        Justice                               than 30 years.
                                                                                                                                                                                                                                                                                         If one person contracts a disease because of toxics left in place
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       and dies from that, isn't that one too many? Think about your own
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              McDonald        Mary Jo        Butte, MT        Resident - Butte      71.44         Non-technical       Site-Wide              General Comment              Commenter Opposes                       family…
                                                                                                                                                                                                                                                                                         It is the Butte-Silver Bow Creek, not the Metro Storm Drain, and
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       the citizens of Butte need to reclaim it as our Silver Bow Creek
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              McDonald        Mary Jo        Butte, MT        Resident - Butte      71.45         Non-technical       Parrott Tailings/MSD   Extent of Removal            For Removal                             (implies for removal)
                                                                                                                                                                                                                                                                                         Are any members of the Butte-Silver Bow /ARCO committee here
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                           Superfund Procedural                                                                        tonight? And if so, I'd like to have them make a comment and be
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Casick          Matt           Butte, MT        Resident - Butte      71.46         Non-technical       Issues                 Public Meeting               Public involvement at Public Meeting    subject to some questioning.
                                                                                                                                                                                                                                                                                         The proposed plan does not give me confidence that it is both
                                                                                                                                                                                                                                                                                         proactive and thorough and that people would feel comfortable
                                                                                                                                                                                                                                                                                         raising their children. The results of the cleanup will affect the
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       technical, economic, medical, and social life of this area for a long
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Maxwell         Lawrence       Butte, MT        Resident - Butte      71.47         Non-technical       Site-Wide              General Comment              Commenter Opposes                       time.
                                                                                                                                                                                                                                                                                      The majority of our schools are in this cleanup area, and I have
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                    yet to hear anybody talk about the environmental concerns
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Lindh           Janet          Butte, MT        Resident - Butte      71.48           Technical         Site-Wide              Human Health Risk            Concerned about Health Effects/Risks affecting these children.
                                                                                                                                                                                                                                                                                         Butte deserves the same attention and effort given to cleanups in
                                                                                                                                                                                                                                                                                         other parts of the state. We are counting on EPA to treat us fairly,
                                                                                                                                                                                                                                                                                         to work with the other industries, and to restore positive things for
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                       us so that we can attract more business so that our future will be
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Lindh           Janet          Butte, MT        Resident - Butte      71.49           Technical         Site-Wide              General Comment              Commenter Opposes                       better.

                                                                                                                                                                                                                                                                                      I recently had my old home rewired and insulated. Neither I nor
                       public mtg   Before the EPA - Second Public Meeting for the                                                                                                                                                                                                    my contractor had any idea that the dust was hazardous. This is
   71      15-Mar-05   transcript   Proposed Plan for the BPSOU Cleanup              Maxwell         Bill           Butte, MT        Resident - Butte      71.50           Technical         Residential Metals     Attic and/or Interior Dust   Concerned about Health Effects/Risks inexcusable. It would have been easy to fix.




    D:\Docstoc\Working\pdf\71c2fe51-6905-4843-af60-7c87099be168.xls                                                                                                                                                                                                                                                                         Page 35
BPSOU Responsiveness Summary Comment Index

Document                                                                                                                           Location/                                             Technical/
 ID No.      Date      Type                            Title/Opening Sentence                         Last Name    First Name      Affiliation         Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                     Tier III Topic                               Brief Comment Description


                                                                                                                                                                                                                                                                                                          Worked for Anaconda Environmental Eng Dept for 11 years and
                                                                                                                                                                                                                                                                                                          environmental consultant for 15 years (some with EPA). Very
                       Blue, 2-comment                                                                                                                                                                                                                                                                    familiar with issues facing Butte. Human health issues arising
   73      15-Feb-05   postcard          Extra comment on Blue, 2-comment postcard             Corbett            David         Fayetteville, NY   Non-Resident          73.8          Non-technical       Residential Metals          Attic and/or Interior Dust    Concerned about Health Effects/Risks from attic dust have not been addressed. Consider it carefully.
                                                                                                                                                                                                                                                                                                          Just relocated to Butte with 10-year old son. Live in very old
                       Blue, 2-comment                                                                                                                                                                                                                                                                    house with floor furnace that is very dusty. Worried about health
   73      1-Feb-05    postcard          Extra comment on Blue, 2-comment postcard             Breen              Lucy          Butte, MT          Resident - Butte      73.10         Non-technical       Residential Metals          Attic and/or Interior Dust    Concerned about Health Effects/Risks effects from dust.

                                                                                                                                                                                                                                                                                                          Born and raised in Butte. Believe that large amounts of toxic
                                         When my (birth) family moved to Butte approximately                                                                                                                                                                                                              waste are a direct threat to human health. Mother died of cancer
   74      21-Mar-05   email letter      50 years ago…                                         Dockter            Anna          Butte, MT          Resident - Butte      74.1           non-technical      Site-wide                   Human Health Risk             Concerned about Health Effects/Risks and husband has cancer. Other illnesses are very prevalent.

                                                                                                                                                                                                                                                                                                          Caps are only a band aid solution. Butte needs a permanent
                                         When my (birth) family moved to Butte approximately                                                                                                               Solid Media/Waste Left in                                 Protectiveness of human health and   remedy. Human health is overriding concern but businesses
   74      21-Mar-05   email letter      50 years ago…                                         Dockter            Anna          Butte, MT          Resident - Butte      74.2            Technical         Place                       Reclamation                   the environment                      suffer from people not wanting to relocate.
                                         When my (birth) family moved to Butte approximately                                                                                                                                                                                                              Also concerned about mercury seeping into streets, arsenic in
   74      21-Mar-05   email letter      50 years ago…                                         Dockter            Anna          Butte, MT          Resident - Butte      74.3          Non-technical       Site-wide                   General Comment               Concerned about Health Effects/Risks attics, and the Berkeley Pit.
                       Blue, 4-comment                                                                                                             Resident -
   75      22-Mar-05   large postcard    Extra comment on Blue, 4-comment postcard             Angel              Ellen         Walkerville, MT    Walkerville           75.97         Non-technical       Residential Metals          Attic and/or Interior Dust    Concerned about Health Effects/Risks "Concerned about attic dust!"
                       Blue, 4-comment                                                                                                                                                                     Solid Media/Waste Left in
   75      22-Mar-05   large postcard    Extra comment on Blue, 4-comment postcard             Arnold             Carol         Deer Lodge, MT     Non-Resident         75.102         Non-technical       Place                       Reclamation                   Operations and Maintenance            "Have a provision established for ongoing weed control."
                       Blue, 4-comment
   75      21-Mar-05   large postcard    Extra comment on Blue, 4-comment postcard             Guidi              Mary          Butte, MT          Resident - Butte     75.118         Non-technical       Residential Metals          Attic and/or Interior Dust    Out of scope                          "We had zonolite in attic whose responsible"
                       Blue, 4-comment
   75      21-Mar-05   large postcard    Extra comment on Blue, 4-comment postcard             Guidi              Albert        Butte, MT          Resident - Butte     75.120         Non-technical       Residential Metals          Attic and/or Interior Dust    Out of scope                          "Zone-lite in our attic! Is the company that makes it responsible."

                                                                                                                                                                                                                                                                                                           "I live in Butte. People making these decisions don't. Please listen
                       Blue, 4-comment                                                                                                                                                                                                                                                                     and give more attention to removing the Parrott Tailings and attic
   75      15-Mar-05   large postcard    Extra comment on Blue, 4-comment postcard             Lindh              Janet         Butte, MT          Resident - Butte     75.139         Non-technical       Site-wide                   Extent of Removal             For Removal                           dust. Make Butte cleaner and safer for the future. Thanx"
                       Blue, 4-comment                                                                                                                                                                     Solid Media/Waste Left in                                                                       "To immediately fence contaminated areas to keep vehicles from
   75      28-Jan-05   large postcard    Extra comment on Blue, 4-comment postcard             Ballenger?         Glenn         Butte, MT          Resident - Butte     75.120         Non-technical       Place                       Reclamation                   Operations and Maintenance            stirring up dust"


                                                                                                                                                                                                                                                                                                           "Listen to the technical review committee. They are a public voice
                                                                                                                                                                                                                                                                                                           on this issue that has the residential know how needed to offer
                       Blue, 4-comment                                                                                                                                                                                                                                                                     alternatives. I feel I attended meetings only to have the EPA
   75      31-Jan-05   large postcard    Extra comment on Blue, 4-comment postcard             Maxwell            Lawrence?     Butte, MT          Resident - Butte     75.121         Non-technical       Site-wide                   Public Involvement            EPA limits public comment             marginalize our public Input. This must change."
                       Blue, 4-comment
   75      10-Feb-05   large postcard    Extra comment on Blue, 4-comment postcard             Rawlings?          Orval         Butte, MT          Resident - Butte     75.138         Non-technical       Air Quality                 General Comment               Out of scope                          "The dust pollution from the crusher and concentrator in Butte"
                       Blue, 4-comment                                                                                                                                                                     Solid Media/Waste Left in                                 Long-Term Effectiveness and
   75      10-Feb-05   large postcard    Extra comment on Blue, 4-comment postcard             Waring             George        Butte, MT          Resident - Butte     75.142         Non-technical       Place                       Reclamation                   Permanence                            "Revisit the so-called "caps" these are insufficient"
                       Blue, 4-comment                                                                                                                                                                                                 Soils and/or Interior/Attic                                         "Clean up all the houses - not just the ones that have children
   75      17-Feb-05   large postcard    Extra comment on Blue, 4-comment postcard             Minich?            I?            Butte, MT          Resident - Butte     75.166         Non-technical       Residential Metals          Dust                          For Removal                           living there."
                                                                                                                                                                                                                                                                                                           "Butte needs a coon Clean up especially with all that waste that
                       Blue, 4-comment                                                                                                                                                                                                                                                                     was dumped at one time in the Butte Silverbow Creek from
   75      17-Feb-05   large postcard    Extra comment on Blue, 4-comment postcard             Costello           Angeline      Butte, MT          Resident - Butte     75.168         Non-technical       Site-wide                   Extent of Removal             For Removal                           mine/mills of smelters.
                       Blue, 4-comment
   75      28-Feb-05   large postcard    Extra comment on Blue, 4-comment postcard             Barth              Michael       Butte, MT          Resident - Butte     75.178         Non-technical       Site-wide                   Extent of Removal             For Removal                           "Remove Parrot Tailings and attic dust"
                       Blue, 4-comment                                                                                                                                                                     Solid Media/Waste Left in
   75      28-Feb-05   large postcard    Extra comment on Blue, 4-comment postcard             Stillings?         Nadine        Butte, MT          Resident - Butte     75.179         Non-technical       Place                       Reclamation                   Reclamation specifications            "Reclamation caps more natural, not hay fields, trees, and rocks"
                       Blue, 4-comment                                                                                                                                                                                                                                                                     "Butte should get a 10 year clean up like Missoula is getting at
   75      2-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Mazurek            Byron         Butte, MT          Resident - Butte     75.183         Non-technical       Site-wide                   General Comment               Timeframe                             Milltown Dam"
                       Blue, 4-comment
   75      3-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Phinkll?           Kare?         Butte, MT          Resident - Butte     75.186         Non-technical       Site-wide                   General Comment               Timeframe                             "within 10 years for cleanup"
                       Blue, 4-comment
   75      3-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Scown              Johanna       Butte, MT          Resident - Butte     75.187         Non-technical       Site-wide                   General Comment               Timeframe                             "within 10 years for cleanup"
                       Blue, 4-comment
   75      3-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Jensen             Marian        Butte, MT          Resident - Butte     75.189         Non-technical       Parrott Tailings/MSD        Extent of Removal             For Removal                           "removal of the Parrot tailings"
                       Blue, 4-comment
   75      3-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Scown              James         Butte, MT          Resident - Butte     75.191         Non-technical       Site-wide                   General Comment               Timeframe                             "within 10 years for cleanup"
                       Blue, 4-comment
   75      3-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Scown              Patricia      Butte, MT          Resident - Butte     75.192         Non-technical       Site-wide                   General Comment               Timeframe                             "10 years, not 30 for clean up"
                       Blue, 4-comment                                                                                                                                                                                                                                                                     "Butte should not suffer the consequences of negligent
   75      4-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Mazurek            Susan         Butte, MT          Resident - Butte     75.197         Non-technical       Site-wide                   General Comment               General Comment                       environmental protection."
                       Blue, 4-comment
   75      4-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Reamer             Ruth          Butte, MT          Resident - Butte     75.198         Non-technical       Site-wide                   General Comment               Timeframe                             "30 years in toooo long"
                       Blue, 4-comment
   75      4-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Reamer             Thomas        Butte, MT          Resident - Butte     75.199         Non-technical       Site-wide                   General Comment               Timeframe                             "30 years in toooo long"
                       Blue, 4-comment
   75      4-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             McDonough          R.M.          Butte, MT          Resident - Butte     75.200         Non-technical       Site-wide                   Unrelated Topic               Out of scope                          "Remove hot mix plant (BSB) clean area on So. Mont. St."
                       Blue, 4-comment
   75      7-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Royes              Lisa          Butte, MT          Resident - Butte     75.204         Non-technical       Site-wide                   General Comment               Timeframe                             "within 10 years for cleanup"
                       Blue, 4-comment                                                                                                                                                                                                                                                                     "Dust particles, diesel fumes S.G. Berkeley & vapor from pit
   75      7-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Beavis             Al            Butte, MT          Resident - Butte     75.206         Non-technical       Site-wide                   General Comment               Out of scope                          water"
                       Blue, 4-comment
   75      7-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Wolf               Theodore      Butte, MT          Resident - Butte     75.211         Non-technical       Site-wide                   General Comment               Timeframe                             "I will be dead in 30 years - please make it quicker"
                       Blue, 4-comment
   75      7-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Johnson            Clara         Butte, MT          Resident - Butte     75.215         Non-technical       Site-wide                   General Comment               Timeframe                            "30 years is too long a period to spread the cleanup over"
                       Blue, 4-comment                                                                                                                                                                                                 Soils and/or Interior/Attic                                        "I do not feel the houses in my area have been taken care of
   75      9-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Rawens?            Connie        Butte, MT          Resident - Butte     75.218         Non-technical       Residential Metals          Dust                          Concerned about Health Effects/Risks properly."
                       Blue, 4-comment
   75      9-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             Opie?              Beverly       Butte, MT          Resident - Butte     75.220         Non-technical       Residential Metals          Attic and/or Interior Dust    Libby Precedent                       "Do we have another Libby in Butte"
                       Blue, 4-comment
   75      9-Mar-05    large postcard    Extra comment on Blue, 4-comment postcard             McDonald           Jim           Butte, MT          Resident - Butte     75.221         Non-technical       Parrott Tailings/MSD        Extent of Removal             For Removal                           "Remove the Parrott Tailings"
                       Blue, 4-comment
   75      10-Mar-05   large postcard    Extra comment on Blue, 4-comment postcard             Dennehey           Laure         Butte, MT          Resident - Butte     75.222         Non-technical       Site-wide                   General Comment               Timeframe                             "30 years is too long"




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                                        Location/                                           Technical/
 ID No.      Date      Type                             Title/Opening Sentence                           Last Name             First Name       Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic             Tier II Topic                    Tier III Topic                               Brief Comment Description
                       Blue, 4-comment
   75      10-Mar-05   large postcard    Extra comment on Blue, 4-comment postcard                  Johnston               Carol            Butte, MT         Resident - Butte     75.224         Non-technical       Site-wide               General Comment              Timeframe                             "30 years is way too long"
                       Blue, 4-comment                                                                                                                                                                                                                                                                           "the soil pollution in the area, and the acid lake clean-up that is
   75      14-Apr-05   large postcard    Extra comment on Blue, 4-comment postcard                  Malausky               A                Butte, MT         Resident - Butte     75.233         Non-technical       Site-wide               Extent of Removal            For Removal                           needed"

                       White, 4-comment
                       postcard, postage Extra comment on white, 4-comment postcard,                                                                                                                                                                                                                             "We have arsenic-laden dust in attics in houses here in
   75      12-Feb-05   paid              postage paid                                               Stevenson              Kalman           Anaconda, MT      Non-Resident          75.15         Non-technical       Site-wide               General Comment              Out of scope                          Anaconda. These also should be decontaminated

                       White, 4-comment
                       postcard, postage Extra comment on white, 4-comment postcard,
   75      19-Feb-05   paid              postage paid                                               Viceri                 D.L.             Butte, MT         Resident - Butte      75.62         Non-technical       Residential Metals      Attic and/or Interior Dust   Concerned about Health Effects/Risks "Contaminated dust in areas houses - not just Walkerville"

                                                                                                    Habitat for Humanity
                                                                                                    of Southwest                            Habitat for                                                                                                                                                          Wants funding for testing equipment to be able to identify
   76      20-Mar-05   email letter      Habitat Letter Comment on Priority Soils                   Montana                                 Humanity          Citizen Group         76.1          Non-Technical       Site-Wide               Characterization             Funding                               contamination.

                                                                                                    Habitat for Humanity
                                                                                                    of Southwest                            Habitat for
   76      20-Mar-05   email letter      Habitat Letter Comment on Priority Soils                   Montana                                 Humanity          Citizen Group         76.2          Non-Technical       Residential Metals      Attic and/or Interior Dust   Concerned about Health Effects/Risks Concerned about protection of workers and residents from dust.

   77      4-Feb-05    letter            I am writing regarding Butte Priority Soils area.          Parwana                Noorjahan        Butte, MT         Resident - Butte      77.1          Non-Technical       Residential Metals      Attic and/or Interior Dust   Action Levels                         The dust cleanup levels are too high

   77      4-Feb-05    letter            I am writing regarding Butte Priority Soils area.          Parwana                Noorjahan        Butte, MT         Resident - Butte      77.2          Non-Technical       Parrott Tailings/MSD    Extent of Removal            For Removal                           Supports removal of tailings at the highest level possible.

   77      4-Feb-05    letter            I am writing regarding Butte Priority Soils area.          Parwana                Noorjahan        Butte, MT         Resident - Butte      77.3          Non-Technical       Site-Wide               Evaluation of NCP Criteria   State Acceptance                      EPA ignored MBMG and MDEQ

   77      4-Feb-05    letter            I am writing regarding Butte Priority Soils area.          Parwana                Noorjahan        Butte, MT         Resident - Butte      77.4          Non-Technical       Site-Wide               General Comment              Commenter Opposes                     EPA chose options to please ARCO
                                         It is my understanding that I could write to you with my
   78      18-Jan-05   email letter      comments…                                                  McCormick              Jack             Butte, MT         Resident - Butte      78.1          Non-Technical       Site-Wide               General Comment              Commenter Opposes                     The plan is poor
                                         It is my understanding that I could write to you with my
   78      18-Jan-05   email letter      comments…                                                  McCormick              Jack             Butte, MT         Resident - Butte      78.2          Non-Technical       Site-Wide               Extent of Removal            For Removal                           All waste should be removed from the hill
                                         It is my understanding that I could write to you with my
   78      18-Jan-05   email letter      comments…                                                  McCormick              Jack             Butte, MT         Resident - Butte      78.3          Non-Technical       Site-Wide               General Comment              Commenter Opposes                     Has right to have the pollution cleaned up
                                         I am writing this letter to request that the Butte                                                                                                                                                                                                                      Plan hurts low income families; should provide funding for the
   79      4-Jan-05    letter            Superfund site…                                            Bagen                  Maggie           Butte, MT         Resident - Butte      79.1          Non-Technical       Site-Wide               Environmental Justice        Economic Effects                      cleanup
                                                                                                                                                                                                                                                                                                                 Area of concern should be actively leached. Leaching can be
                                                                                                                                                                                                                                                                                                                 accelerated by in-situ oxidation and acid leaching. Pilot testing
   80      23-Jan-05   letter            1. With reference to the Parrot Tailings, et al:           Kujawa, Ph.D., P.E.    Stephan          Butte, MT         Resident - Butte      80.1            Technical         Parrott Tailings/MSD    General Comment              General Comment                       could prove viability of techniques.


                                                                                                                                                                                                                                                                                                                 Double size of Horseshoe Bend plant and dewater to at least 3900
                                                                                                                                                                                                                                                                                                                 foot level of the Kelley, and preferably, to bottom of Mt Con. Pit is
                                                                                                                                                                                                                                                                                                                 better dry. Mining could begin again. Sludge could be stockpiled
   80      23-Jan-05   letter            1. With reference to the Parrot Tailings, et al:           Kujawa, Ph.D., P.E.    Stephan          Butte, MT         Resident - Butte      80.2            Technical         General Comment         Unrelated Topic              Out of scope                          and sold as ferrite source or for wrought iron manufacture.


                                                                                                                                                                                                                                                                                                                 Elected leaders should embrace his recommendations and keep in
                                         I appreciate the opportunity to comment on EPA's                                                                                                                                                                                                                        mind distinction between Remedy (Superfund Cleanup) and
                                         Proposed Plan for remediation of the BPSOU - the                                                                                                                                                                                                                        Restoration (above and beyond Superfund). NRD funds will not
   81      25-Jan-05   letter            Butte Hill.                                                Harrington             Jerry            Butte, MT         Resident - Butte      81.1          Non-technical       Site-Wide               NRDP                         Funding                               last if Superfund does not cleanup adequately.


                                                                                                                                                                                                                                                                                                                 EPA view is flawed from cost perspective. Tailings are worst
                                         I appreciate the opportunity to comment on EPA's                                                                                                                                                                                                                        source of contamination and most can and should be removed.
                                         Proposed Plan for remediation of the BPSOU - the                                                                                                                                                                                                                        MBMG projects beneficial use standards would be attained within
   81      25-Jan-05   letter            Butte Hill.                                                Harrington             Jerry            Butte, MT         Resident - Butte      81.2          Non-technical       Parrott Tailings/MSD    Extent of Removal            For Removal                           several decades, instead of never under current plan.


                                                                                                                                                                                                                                                                                                                 Ditch is very ugly and impediment to economic development. It is
                                         I appreciate the opportunity to comment on EPA's                                                                                                                                                                                                                        also too small to handle flows and threatens downstream reaches.
                                         Proposed Plan for remediation of the BPSOU - the                                                                                                                             Surface Water - Storm                                                                      Upstream sites should be cleaned to a level that will allow
   81      25-Jan-05   letter            Butte Hill.                                                Harrington             Jerry            Butte, MT         Resident - Butte      81.3            Technical         Water                   Storm Water Conveyances Design Criteria                            elimination of the ditch.
                                                                                                                                                                                                                                                                                                                 Re: Missoula Gulch - Storm events above 10-yr threshold will
                                                                                                                                                                                                                                                                                                                 undermine and destroy ditch integrity. Remedy should include
                                         I appreciate the opportunity to comment on EPA's                                                                                                                                                                                                                        planting bottom with aspens, alder, cottonwood, and willow and
                                         Proposed Plan for remediation of the BPSOU - the                                                                                                                             Surface Water - Storm                                                                      constructing channel as a more natural streambed (rocks,
   81      25-Jan-05   letter            Butte Hill.                                                Harrington             Jerry            Butte, MT         Resident - Butte      81.4            Technical         Water                   Storm Water Conveyances Design Criteria                            deadfall, etc.)


                                                                                                                                                                                                                                                                                                                 Butte Hill is especially in need of cleanup because it is in the midst
                                         I appreciate the opportunity to comment on EPA's                                                                                                                                                                                                                        of urban population and a substantial infrastructure connected to
                                         Proposed Plan for remediation of the BPSOU - the                                                                                                                                                                                                                        the region. Economic future depends on eliminating the stigma
   81      25-Jan-05   letter            Butte Hill.                                                Harrington             Jerry            Butte, MT         Resident - Butte      81.5          Non-technical       Site-Wide               General Comment              Economic Effects                      and lingering myths about Superfund and Butte.


                                         This letter is to comment on your Superfund Program                                                                                                                                                                                                                     Very concerned about human health issues in homes. EPA is
                                         Cleanup Proposal for the Butte Priority Soils Operable                                                                                                                                                                                                                  wrong in saying that there is not a complete exposure pathway for
                                         Unit of the Silver Bow Creek/Butte Area Superfund                                                                                                                                                                                                                       contaminants in Butte homes. The stack effect (see diagram)
   82      25-Jan-05   letter            Site.                                                  Corbett                    Bob              Butte, MT         Resident - Butte      82.1            Technical         Residential Metals      Attic and/or Interior Dust   Pathways                              moves contaminants into and throughout the home.


                                                                                                                                                                                                                                                                                                                 EPA cannot keep people out of their basements or attics for a
                                         This letter is to comment on your Superfund Program                                                                                                                                                                                                                     variety of reasons, including disbelief, mistrust, and poverty. Even
                                         Cleanup Proposal for the Butte Priority Soils Operable                                                                                                                                                                                                                  if you could, they would still be exposed to toxics in and coming
                                         Unit of the Silver Bow Creek/Butte Area Superfund                                                                                                                                                                                                                       from the building envelope itself. This plan abandons the poorest
   82      25-Jan-05   letter            Site.                                                  Corbett                    Bob              Butte, MT         Resident - Butte      82.2            Technical         Residential Metals      Attic and/or Interior Dust   Environmental Justice                 people who are exposed to the worst contamination.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                        Location/                                           Technical/
 ID No.      Date      Type                         Title/Opening Sentence                         Last Name    First Name      Affiliation       Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                      Tier III Topic                            Brief Comment Description


                                                                                                                                                                                                                                                                                                    ARCO's only goal is to spend the minimum possible to avoid fines
                                                                                                                                                                                                                                                                                                    and penalties an to get as much relief from future liabilities as
                                                                                                                                                                                                                                                                                                    possible. The only supporters of the proposed approach are those
                                      Having moved to Butte some nine years ago, I have                                                                                                                                                                                                             who will benefit monetarily. Everyone else is hoping EPA will take
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         the lead to protect them. It is time for EPA to take a leadership
                                      watched the intrigue, deal making, work and                                                                                                                                                                              Long-Term Effectiveness and          role and develop and implement a long lasting and acceptable
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.1          Non-technical       Site-Wide                   General Comment              Permanence                           approach.


                                      Having moved to Butte some nine years ago, I have                                                                                                                                                                                                             Program has been flawed for the beginning with the lack of
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         specific defined requirements and standards, established design
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   criteria, or engineering and construction implemented to provide a
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.2            Technical         Site-Wide                   General Comment              Design Criteria                      reasonable assurance of cleanup.
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         "The engineering design needs to be based on a PMP and PMF
                                      watched the intrigue, deal making, work and                                                                                                                     Surface Water - Storm                                                                         criteria, or other specific event but no less than the 100 yr design
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.3            Technical         Water                       BMPs                         Design Criteria                      event in regard to the basis of engineering approach"
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         "In the absence of and/or in addition to specific engineering design
                                      watched the intrigue, deal making, work and                                                                                                                     Solid Media/Waste Left in                                                                     standards, performance based standards need to be identified and
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.4            Technical         Place                       Reclamation                  Reclamation specifications           implemented."
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   "All contaminated groundwater needs to be actively restored to the
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.5          Non-technical       Groundwater                 General Comment              Restoration                          best technical level possible."
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         "The evaluation, investigation and alternative analysis needs to be
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   completed to a professional high standard on all contaminated
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.6            Technical         Parrott Tailings/MSD        Characterization             Inadequate characterization          groundwater."
                                      Having moved to Butte some nine years ago, I have                                                                                                                                                                                                             "All mill tailings (as defined separately from mine waste) need to
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         be placed in an engineered containment, whose design is based
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   on good engineering standards and for whose performance in
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.7            Technical         Site-Wide                   Extent of Removal            For Removal                          monitored."
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         "All mine tailings need to be covered with an engineered cap
                                      watched the intrigue, deal making, work and                                                                                                                     Solid Media/Waste Left in                                                                     specific and unique to the site utilizing a minimum 100 year design
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.8            Technical         Place                       Reclamation                  Reclamation specifications           life."
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   "All mill tailings and mine waste need to be removed from contact
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.9            Technical         Site-Wide                   Extent of Removal            Waste in contact with Groundwater    with surface and ground water."
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         "All known contaminated houses need to be cleaned up
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   immediately. All expected contaminated houses need to be
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.10           Technical         Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed         evaluated immediately."
                                      Having moved to Butte some nine years ago, I have
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         "Butte/Silver Bow needs to develop and implement institutional
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   controls through their construction permitting process in regard to
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.11         Non-technical       Site-Wide                   Institutional Controls       Implementability and Effectiveness   homes, structures, and property on all permits."
                                      Having moved to Butte some nine years ago, I have                                                                                                                                                                                                             Butte/Silver Bow needs to develop and implement local
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         government reclamation standards and regulations that include
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   and pertain to historic, current, and future mining, milling, and
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.12         Non-technical       Site-Wide                   Redevelopment                Land Use                             ancillary property."


                                                                                                                                                                                                                                                                                                    "The Butte/Silver Bow/ARCO agreement needs to be modified to
                                      Having moved to Butte some nine years ago, I have                                                                                                                                                                                                             exclude the first five years after future reclamation and cleanup of
                                      followed the Butte Superfund cleanup very closely and                                                                                                                                                                                                         a site, or date of agreement, with ARCO being liable and fully
                                      watched the intrigue, deal making, work and                                                                                                                                                                                                                   responsible for immediate and near term fixes, i.e. they can't buy
   83      15-Mar-05   email letter   accomplishments first hand.                           Tonc               Vincent       Butte, MT        Resident - Butte      83.13           Technical         Site-Wide                   ARCO/BSB Agreement           General Comment                      their way out of poor design and past work.
                                      The purpose of this letter is to convey to you what I
                                      had originally intended to state in my oral testimony on                                                                                                                                                                                                      I support the EPA plan along with Butte Silver Bow's position
   84      27-Jan-05   letter         January 25 ….                                            Kambich         James         MERDI            Business Group        84.1          Non-technical       Site-Wide                   General Comment              Commenter Supports                   paper.
                                                                                                                                                                                                                                                                                                    Waste in place is not new. So long as the Parrot tailings are in
                                      The purpose of this letter is to convey to you what I                                                                                                                                                                                                         place and not a public health risk, it makes sense to leave them in
                                      had originally intended to state in my oral testimony on                                                                                                                                                                                                      place. Risks of moving the wastes to a new spot are extremely
   84      27-Jan-05   letter         January 25 ….                                            Kambich         James         MERDI            Business Group        84.2            Technical         Parrott Tailings/MSD        Extent of Removal            Against Removal                      high.

                                      The purpose of this letter is to convey to you what I                                                                                                                                                                                                         As far as the lagoons and treatment position at LAO; if lagoons
                                      had originally intended to state in my oral testimony on                                                                                                                                                                                                      prove out and as long as we can make it as lush as possible and
   84      27-Jan-05   letter         January 25 ….                                            Kambich         James         MERDI            Business Group        84.3            Technical         Lower Area One              Treatment Lagoons            Commenter Supports                   be maintained properly, let's move forward.
                                      The purpose of this letter is to convey to you what I                                                                                                                                                                                                         I support a redevelopment trust fund to be administered by the
                                      had originally intended to state in my oral testimony on                                                                                                                                                                                                      citizens of Butte-Silver Bow for storm draining improvements and
   84      27-Jan-05   letter         January 25 ….                                            Kambich         James         MERDI            Business Group        84.4          Non-technical       Site-Wide                   Redevelopment                Funding                              the lead and attic programs.
                                      The purpose of this letter is to convey to you what I                                                                                                                                                                                                         With EPA (especially Sara Sparks), MERDI has made real
                                      had originally intended to state in my oral testimony on                                                                                                                                                                                                      progress on redevelopment in Butte using private dollars - no help
   84      27-Jan-05   letter         January 25 ….                                            Kambich         James         MERDI            Business Group        84.5          Non-technical       Site-Wide                   Redevelopment                Specific Comment                     from NRD.
                                                                                                                                                                                                                                                                                                    A conventional lime treatment plant is preferable to the current
                                      The Clark Fork Coalition, representing over a thousand                                                                                                                                                                                                        treatment lagoons. Long-term performance of lagoons is
                                      members within the Clark Fork watershed, presents                                      Clark Fork                                                                                           Conventional Lime                                                 unproven, and there is a potential for failure during extended cold
   85      14-Mar-05   letter         these comments ….                                      Brick             Christine     Coalition        Citizen Group         85.1            Technical         Lower Area One              Treatment                    Commenter Supports                   weather and major runoff events.
                                                                                                                                                                                                                                                                                                    We support the use of BRES, but think vegetation should be
                                                                                                                                                                                                                                                                                                    upgraded to be more diverse. Focus should be on non-invasive
                                      The Clark Fork Coalition, representing over a thousand                                                                                                                                                                                                        species with binding root mass. Provision for localized areas with
                                      members within the Clark Fork watershed, presents                                      Clark Fork                                                               Solid Media/Waste Left in                                                                     more fill depth. In areas where caps erode, option should exist for
   85      14-Mar-05   letter         these comments ….                                      Brick             Christine     Coalition        Citizen Group         85.2            Technical         Place                       BRES                         Supports BRES program                waste removal.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                         Location/                                             Technical/
 ID No.      Date      Type                         Title/Opening Sentence                          Last Name    First Name      Affiliation         Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                               Brief Comment Description
                                      The Clark Fork Coalition, representing over a thousand                                                                                                                                                                                                           BMPs and source control should be implemented ASAP, but
                                      members within the Clark Fork watershed, presents                                       Clark Fork                                                                 Surface Water - Storm                                                                         emphasis should be on removal. Any structures for routing must
   85      14-Mar-05   letter         these comments ….                                      Brick              Christine     Coalition          Citizen Group         85.3            Technical         Water                       Storm Water Conveyances Design Criteria                           be built to 100-yr specs.
                                      The Clark Fork Coalition, representing over a thousand                                                                                                                                                                                                           Clean water from Silver Lake should not be used to dilute
                                      members within the Clark Fork watershed, presents                                       Clark Fork                                                                                             In-Stream Flow                                                    contaminated surface water. This does nothing to reduce the
   85      14-Mar-05   letter         these comments ….                                      Brick              Christine     Coalition          Citizen Group         85.4            Technical         Surface Water - General     Augmentation                 Commenter Opposes                    TMDL.


                                                                                                                                                                                                                                                                                                       Plan is not protective. Extent of problem has not been fully
                                                                                                                                                                                                                                                                                                       investigated and risks are unknown. Trigger level is too low, given
                                      The Clark Fork Coalition, representing over a thousand                                                                                                                                                                                                           that site is in urban area. Exposure pathway may be seriously
                                      members within the Clark Fork watershed, presents                                       Clark Fork                                                                                                                                                               underestimated, due to older, leaky homes. Cleanup should
   85      14-Mar-05   letter         these comments ….                                      Brick              Christine     Coalition          Citizen Group         85.5            Technical         Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed         happen in 5-10 years - not 30 as proposed.


                                                                                                                                                                                                                                                                                                       Plan is inadequate for long-term protectiveness, permanence, and
                                                                                                                                                                                                                                                                                                       reduction of toxicity, mobility, or volume of waste. Too many
                                                                                                                                                                                                                                                                                                       uncertainties to conclude that the aquifer cannot be remediated in
                                                                                                                                                                                                                                                                                                       a reasonable time frame. Delineation of the flow regime and
                                                                                                                                                                                                                                                                                                       transport of contaminants is inadequate for selecting a permanent
                                                                                                                                                                                                                                                                                                       remedy. Based on assumptions. Estimate of travel times is
                                      The Clark Fork Coalition, representing over a thousand                                                                                                                                                                                                           simplistic. Obtaining adequate additional data would not be overly
                                      members within the Clark Fork watershed, presents                                       Clark Fork                                                                                                                                                               challenging or costly. Without that data, we recommend removing
   85      14-Mar-05   letter         these comments ….                                      Brick              Christine     Coalition          Citizen Group         85.6            Technical         Groundwater                 General Comment              Commenter Opposes                    as much waste as possible.


                                                                                                                                                                                                                                                                                                       I support the Proposed Plan because I understand it requires the
                                                                                                                                                                                                                                                                                                       final cleanup actions that leave our community safe for people. I
                                      As a member of Butte's business community I am                                                                                                                                                                                                                   approve of the past cleanups, especially those that have involved
                                      writing you to provide my view of the EPA Proposed                                                                                                                                                                                                               redevelopment. I appreciate EPA encouraging redevelopment and
   86      25-Mar-05   letter         Plan for ….                                            Thames (?)         none          Butte, MT          Resident - Butte      86.1          Non-technical       Site-Wide                   General Comment              Commenter Supports                   historic preservation where they can.


                                                                                                                                                                                                                                                                                                       I know the agreement is not perfect, but the time is now to
                                                                                                                                                                                                                                                                                                       complete a settlement that compliments the EPA remedy in a
                                      As a member of Butte's business community I am                                                                                                                                                                                                                   manner that provides funding and benefits. Those include
                                      writing you to provide my view of the EPA Proposed                                                                                                                                                                                                               redevelopment, historic preservation, and a multi-pathway lead
   86      25-Mar-05   letter         Plan for ….                                            Thames (?)         none          Butte, MT          Resident - Butte      86.2          Non-technical       Site-Wide                   ARCO/BSB Agreement           General Comment                      and arsenic program for homes in uptown Butte.


                                                                                                                                                                                                                                                                                                       I feel this proposal is reasonable to resolve this problem that has
                                      I am writing to express my support for EPA's cleanup                                                                                                                                                                                                             overshadowed Butte for too long. Additional study or delay seems
                                      proposal for the Butte Priority Soils Operable Unit,                                                                                                                                                                                                             inappropriate after the years that have already been devoted by all
                                      please include this letter with EPA's public comment                                                                                                                                                                                                             parties involved. It is time to move forward with actions and allow
   87      21-Mar-05   letter         record.                                                Harrington         Gary          Butte, MT          Resident - Butte      87.1          Non-technical       Site-Wide                   General Comment              Commenter Supports                   the community to devote its time and energy to the future.


                                                                                                                                                                                                                                                                                                       Only the Step 1 (Wetland Delineation and Functional Evaluation)
                                                                                                                                                                                                                                                                                                       of the 4-step plan has been completed. ARCO needs to evaluate
                                      The U.S. Fish and Wildlife Service has reviewed the                                                                                                                                                                                                              remedy-related impacts. The analysis of wetland impacts and a
                                      Superfund Program Cleanup Proposal, Butte Priority                                                                                                                                                                                                               more refined wetland mapping effort should be conducted in a
                                      Soils Operable Unit of the Silver Bow Creek/Butte Area                                                                                                                                                                                                           combined Step 2/3, during remedial design, prior to remedy
                                      Superfund site and I am providing the following                                         U.S. Fish and                                                                                                                                                            implementation. Confirmation of impacts would be done after
   88      15-Mar-05   letter         technical assistance comments.                         Wilson             Mark          Wildlife Service   Agency                88.1            Technical         Site-Wide                   Characterization             Wetlands                             completion.
                                      For as long as I have been involved in Silber Bow
                                      County, nearly 13 years, "waste in place" has been the
                                      EPA/ARCO mantra with respect to the Superfund                                           Northern Rockies                                                                                                                    Protectiveness of human health and   Policy has never made sense in a urban area, but has been
   89      21-Mar-05   email letter   cleanup on the Butte Hill.                             Keck               Tom           Soil and Water   Consultant              89.1          Non-technical       Site-Wide                   Waste left in place          the environment                      entrenched so opposing it seems futile.
                                      For as long as I have been involved in Silber Bow
                                      County, nearly 13 years, "waste in place" has been the                                                                                                                                                                                                           Past practice of using coarse granitic sand on unstable slopes is
                                      EPA/ARCO mantra with respect to the Superfund                                           Northern Rockies                                                           Solid Media/Waste Left in                                                                     like sugar sitting on the hill. It will fail. Current practice of using
   89      21-Mar-05   email letter   cleanup on the Butte Hill.                             Keck               Tom           Soil and Water   Consultant              89.2            Technical         Place                       Reclamation                  Reclamation specifications           Tertiary fill as cover soil appears to be a big improvement.
                                      For as long as I have been involved in Silber Bow
                                      County, nearly 13 years, "waste in place" has been the                                                                                                                                                                                                           Reclamation goal should be stable-diverse-native based
                                      EPA/ARCO mantra with respect to the Superfund                                           Northern Rockies                                                           Solid Media/Waste Left in                                                                     reclamation, not the unstable monoculture of non-native plant
   89      21-Mar-05   email letter   cleanup on the Butte Hill.                             Keck               Tom           Soil and Water   Consultant              89.3            Technical         Place                       Reclamation                  Reclamation specifications           species seen on the Hill.
                                      For as long as I have been involved in Silber Bow
                                      County, nearly 13 years, "waste in place" has been the                                                                                                                                                                                                           Final solution must provide substantial funding for Butte to cover
                                      EPA/ARCO mantra with respect to the Superfund                                           Northern Rockies                                                           Solid Media/Waste Left in   Long-term Operations and                                          the tremendous future liability costs of maintaining and ultimately
   89      21-Mar-05   email letter   cleanup on the Butte Hill.                             Keck               Tom           Soil and Water   Consultant              89.4          Non-technical       Place                       Maintenance                  Funding                              replacing failed reclamation caps.
                                      For as long as I have been involved in Silber Bow
                                      County, nearly 13 years, "waste in place" has been the
                                      EPA/ARCO mantra with respect to the Superfund                                           Northern Rockies                                                           Solid Media/Waste Left in   Long-term Operations and
   89      21-Mar-05   email letter   cleanup on the Butte Hill.                             Keck               Tom           Soil and Water   Consultant              89.5          Non-technical       Place                       Maintenance                  BSB responsible for program or O&M   Final solution must ensure local control
                                      For as long as I have been involved in Silber Bow
                                      County, nearly 13 years, "waste in place" has been the                                                                                                                                                                                                           Follow recommendations set forth by Imagine Butte: lower action
                                      EPA/ARCO mantra with respect to the Superfund                                           Northern Rockies                                                                                                                                                         levels, faster cleanup time frame, indoor air quality program, fully-
   89      21-Mar-05   email letter   cleanup on the Butte Hill.                             Keck               Tom           Soil and Water   Consultant              89.6            Technical         Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed         funded role for local government.


                                      The Butte-Silver Bow County Council of                                                                                                                                                                                                                           EPA must not massage its cleanup decision to reflect a deal
                                      Commissioners appears poised to approve the                                                                                                                                                                                                                      negotiated between the county and ARCO, but must stay with the
                                      Settlement Term Sheet negotiated by county staff with                                                                                                                                                                                                            integrity of making a cleanup occur that will be in the best
   90      20-Mar-05   email letter   Atlantic Richfield                                    Craig               Mary Kay      Butte, MT          Resident - Butte      90.1          Non-technical       Site-Wide                   Environmental Justice        Evaluation/Weighing of Cost          interests of the poor who live within the Superfund site.
                                                                                                                                                                                                                                                                                                       Environmental justice issues cannot be met by a stretched out
                                      The Butte-Silver Bow County Council of                                                                                                                                                                                                                           cleanup of the attics of affected homes. Redevelopment monies
                                      Commissioners appears poised to approve the                                                                                                                                                                                                                      come to the site in lieu of a prompt cleanup of poisons that
                                      Settlement Term Sheet negotiated by county staff with                                                                                                                                                                                                            threaten health, especially that of youngsters from low income
   90      20-Mar-05   email letter   Atlantic Richfield                                    Craig               Mary Kay      Butte, MT          Resident - Butte      90.2          Non-technical       Site-Wide                   Environmental Justice        Attic Dust should be removed         families.




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BPSOU Responsiveness Summary Comment Index

Document                                                                                                                            Location/                                            Technical/
 ID No.      Date      Type                               Title/Opening Sentence                       Last Name    First Name      Affiliation        Sector         Comment ID.   Non-Technical/ Legal          Tier I Topic                 Tier II Topic                    Tier III Topic                               Brief Comment Description


                                                                                                                                                                                                                                                                                                          Many areas were dealt with in a closed process as TCRAs. The
                                                                                                                                                                                                                                                                                                          public was told there would be a review and they would have an
                                          The Butte-Silver Bow County Council of                                                                                                                                                                                                                          opportunity to comment prior to the ROD being issued. Now the
                                          Commissioners appears poised to approve the                                                                                                                                                                                                                     review is not going to happen. New residents will never know the
                                          Settlement Term Sheet negotiated by county staff with                                                                                                            Superfund Procedural                                                                           extent of the TCRA decisions. Give people the chance to say
   90      20-Mar-05   email letter       Atlantic Richfield                                    Craig              Mary Kay      Butte, MT         Resident - Butte      90.3          Non-technical       Issues                      RASD                         Public involvement                    whether or not they agree.
                                          The Butte-Silver Bow County Council of
                                          Commissioners appears poised to approve the                                                                                                                                                                                                                     The SE end of the Ansemlo Mine yard is where timbers were
                                          Settlement Term Sheet negotiated by county staff with                                                                                                            Solid Media/Waste Left in                                                                      treated with a very deadly type of arsenic and the area has not
   90      20-Mar-05   email letter       Atlantic Richfield                                    Craig              Mary Kay      Butte, MT         Resident - Butte      90.4            Technical         Place                       Reclamation                  Reclamation needed                    been adequately cleaned up.
                                          The Butte-Silver Bow County Council of
                                          Commissioners appears poised to approve the                                                                                                                                                                                                                    1976 Time magazine article said that Butte was a cancer hot spot.
                                          Settlement Term Sheet negotiated by county staff with                                                                                                                                                                                                          Research I did also shows that MS and Lou Gherig's disease are
   90      20-Mar-05   email letter       Atlantic Richfield                                    Craig              Mary Kay      Butte, MT         Resident - Butte      90.5            Technical         Site-Wide                   Human Health Risk            Concerned about Health Effects/Risks four times the national average.
                                          The Butte-Silver Bow County Council of
                                          Commissioners appears poised to approve the                                                                                                                                                                                                                    The four COCs have not been adequately researched for adverse
                                          Settlement Term Sheet negotiated by county staff with                                                                                                                                                                                                          synergism, even though an EPA epidemiologist said they had
   90      20-Mar-05   email letter       Atlantic Richfield                                    Craig              Mary Kay      Butte, MT         Resident - Butte      90.6            Technical         Site-Wide                   Human Health Risk            Concerned about Health Effects/Risks been.
                                          The Butte-Silver Bow County Council of
                                          Commissioners appears poised to approve the                                                                                                                                                                                                                     EPA should have listed crystalline silica as the fifth COC at the
                                          Settlement Term Sheet negotiated by county staff with                                                                                                                                                                                                           OU. The IARC says it is a 1A carcinogen. Butte's levels in
   90      20-Mar-05   email letter       Atlantic Richfield                                    Craig              Mary Kay      Butte, MT         Resident - Butte      90.7            Technical         Site-Wide                   Human Health Risk            Out of scope                          ambient air are seven times those seen in Vermont.
                                          The Butte-Silver Bow County Council of
                                          Commissioners appears poised to approve the                                                                                                                                                                                                                     EPA used to talk about permanence of cleanup, but now waters it
                                          Settlement Term Sheet negotiated by county staff with                                                                                                                                                                     Long-Term Effectiveness and           down to "long-term effectiveness". EPA should honor the intent of
   90      20-Mar-05   email letter       Atlantic Richfield                                    Craig              Mary Kay      Butte, MT         Resident - Butte      90.8          Non-technical       Site-Wide                   Evaluation of NCP Criteria   Permanence                            Congress or explain why in the Responsiveness Summary.


                                          The Butte-Silver Bow County Council of                                                                                                                                                                                                                         EPA has done a poor job on investigating human health issues at
                                          Commissioners appears poised to approve the                                                                                                                                                                                                                    the OU. Citizen volunteers have had their questions batted away.
                                          Settlement Term Sheet negotiated by county staff with                                                                                                                                                                                                          EPA should address those issues now and protect human health
   90      20-Mar-05   email letter       Atlantic Richfield                                    Craig              Mary Kay      Butte, MT         Resident - Butte      90.9          Non-technical       Site-Wide                   Human Health Risk            Concerned about Health Effects/Risks and the environment.
                                                                                                                                                                                                                                                                                                          EPA sent a team of professional to my two homes to test the
                                                                                                                                                                                                                                                                                                          attics and living area. One attic was contaminated and the living
                                          My comments concern the attic contamination on the                                                       Resident -                                                                                                                                             areas were clean. EPA told me they would not remediate because
   91      21-Mar-05   letter             Butte Hill.                                          Lynch               Joan          Walkerville, MT   Walkerville           91.1          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          living area was clean.
                                                                                                                                                                                                                                                                                                          Why was the testing done, if cleanup was not going to happen? If
                                          My comments concern the attic contamination on the                                                       Resident -                                                                                                                                             living areas were the trigger, why test attics? I am suspicious of
   91      21-Mar-05   letter             Butte Hill.                                          Lynch               Joan          Walkerville, MT   Walkerville           91.2          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          the cost benefit of this testing.
                                          My comments concern the attic contamination on the                                                       Resident -                                                                                                                                             My attic is accessible to the LR and to children, It cannot be
   91      21-Mar-05   letter             Butte Hill.                                          Lynch               Joan          Walkerville, MT   Walkerville           91.3          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          sealed off. What about electrical work, etc.?

                                                                                                                                                                                                                                                                                                          I am a senior and will need to sell in the foreseeable future. Since I
                                          My comments concern the attic contamination on the                                                       Resident -                                                                                                                                             know the results, I will have to disclose. Also, it would be immoral
   91      21-Mar-05   letter             Butte Hill.                                          Lynch               Joan          Walkerville, MT   Walkerville           91.4          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          to sell to a family with young children (the likely buyer).
                                                                                                                                                                                                                                                                                                          Clean up my attic and those of other Walkerville residents that are
                                          My comments concern the attic contamination on the                                                       Resident -                                                                                                                                             contaminated. Do it in a timely manner so we can sell and not
   91      21-Mar-05   letter             Butte Hill.                                          Lynch               Joan          Walkerville, MT   Walkerville           91.5          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          jeopardize children.
                                                                                                                                                                                                                                                                                                          Put a statement in the deed that reads "All areas of this property
                                                                                                                                                                                                                                                                                                          that were found contaminated by testing have been cleaned. This
                                          My comments concern the attic contamination on the                                                       Resident -                                                                                                                                             property is hazardous material safe to sell to families with
   91      21-Mar-05   letter             Butte Hill.                                          Lynch               Joan          Walkerville, MT   Walkerville           91.6          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          children."


                                                                                                                                                                                                                                                                                                          I don't underestimate the difficulty of your job. I do appreciate the
                                                                                                                                                                                                                                                                                                          work that has been done. Remember, you work for a government
                                                                                                                                                                                                                                                                                                          that has the "moral values" label. Apply those values to the
                                          My comments concern the attic contamination on the                                                       Resident -                                                                                                                                             homes you tested for unhealthy attics. Best wishes and thanks
   91      21-Mar-05   letter             Butte Hill.                                          Lynch               Joan          Walkerville, MT   Walkerville           91.7          Non-technical       Residential Metals          Attic and/or Interior Dust   Attic Dust should be removed          for the good work you do.
                                          Submission concerning BPSOU during the open                                            County
   92      21-Mar-05   email letter       comment period                                       Coleman             David         Commissioner      BSB County            92.1          Non-Technical       Site-Wide                   ARCO/BSB Agreement           General Comment                       Supports agreement between ARCO and Butte-Silver Bow
                                          Submission concerning BPSOU during the open                                            County
   92      21-Mar-05   email letter       comment period                                       Coleman             David         Commissioner      BSB County            92.2          Non-Technical       Parrott Tailings/MSD        Extent of Removal            Removal of Accessible Wastes          Supports removal of accessible wastes; opposes total removal.
                                          Submission concerning BPSOU during the open