LAND USE RESTRICTIONS REPORT ASBESTOS RESOURCE PROGRAM FOR LIBBY AMPHIBOLE CITY OF LIBBY, CITY OF TROY, AND LINCOLN COUNTY, MONTANA.

LAND USE RESTRICTIONS REPORT ASBESTOS RESOURCE PROGRAM FOR LIBBY AMPHIBOLE CITY OF LIBBY, CITY OF TROY, AND LINCOLN COUNTY, MONTANA June 27, 2012 Project #: 20Z-001-001 SUBMITTED BY: Trihydro Corporation 2707 Broadwater Avenue, Helena, MT 59601

Table of Contents 1.0 INTRODUCTION... 1-1 2.0 EXPOSURE PATHWAYS AND SOURCES... 2-1 3.0 REVIEW OF EXISTING LURS... 3-1 3.1 Lincoln County Land Use Restrictions... 3-1 3.1.1 Subdivision Regulations... 3-1 3.1.1.1 Preliminary Investigation... 3-2 3.1.1.2 Pre-Application Meeting and Form... 3-2 3.1.1.3 Environmental and Community Assessment... 3-2 3.1.1.4 Fire Protection... 3-3 3.1.1.5 Water & Sanitation Report... 3-3 3.1.2 Control of Air Pollution... 3-3 3.1.2.1 Contingency Measures... 3-3 3.1.2.2 Solid Fuel Burning Devices... 3-4 3.1.2.3 Dust Control... 3-4 3.1.2.4 Outdoor Burning... 3-5 3.1.3 Wastewater Treatment and Disposal... 3-5 3.1.4 Solid Waste... 3-5 3.1.5 Community Decay... 3-6 3.1.6 Lincoln County Board of County Commissioners Resolution Related to Asbestos. 3-6 3.2 City of Libby and City of Troy Land Use Restrictions... 3-6 3.2.1 Building Permits... 3-6 3.2.2 City of Libby Subdivision Regulations... 3-7 3.2.3 Wells... 3-7 3.2.4 City Codes of Troy... 3-8 3.3 State and Federal Regulations... 3-8 3.3.1 Water Wells... 3-8 3.3.2 Montana Asbestos Control Act... 3-8 3.3.3 Montana Department of Transportation Highway Approach and Encroachment/Occupancy Permits... 3-9 3.3.4 Firewood Cutting and Christmas Tree Permits, U.S. Forest Service and Montana Department of Natural Resources and Conservation... 3-10 3.3.5 OSHA... 3-10 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

Table of Contents (cont.) 4.0 OTHER PROGRAMS / INSTITUTIONAL CONTROLS... 4-1 4.1 EPA Vermiculite Removal in Homes and Businesses... 4-1 4.2 Libby Legacy Project... 4-1 4.3 Property Status Databases... 4-1 4.4 Realtors... 4-1 4.5 Chamber of Commerce... 4-2 4.6 Ambient Air Monitoring in Troy and Libby... 4-2 4.7 Environmental Resource Specialist... 4-2 4.8 U-Dig... 4-2 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

List of Tables 1. LA Asbestos Exposure Sources and Related Regulations H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

List of Appendices A. LAWS, ORDINANCES, REGULATIONS, CODES, RESOLUTIONS, AND GUIDANCE A-1. LINCOLN COUNTY ORDINANCES A-2. LINCOLN COUNTY SUBDIVISION REGULATIONS, 2010 A-3. CITIZEN GUIDE, UPDATED 9-1-09 A-4. LINCOLN COUNTY NEW AIR ORDINANCE, REVISED 2008 A-5. GENERAL HEALTH REGULATIONS., CH. 2 A-6. LANDFILL FEES A-7. COMMUNITY DECAY ORDINANCE, CH. 4 A-8. LINCOLN COUNTY COMMISSIONERS ASBESTOS RESOLUTION 538, 2000 A-9. BOARD OF HEALTH WASTEWATER REGULATIONS, 1993 A-10. CITY OF LIBBY SUBDIVISION REGULATIONS, 2011 A-11. LIBBY CONTROL OF AIR POLLUTION TITLE 8, CH. 12 A-12. LIBBY GROUNDWATER ORDINANCE 1353 A-13. LIBBY BUILDING CODE ORDINANCES CH 14.02 A-14. LIBBY BUILDING PERMIT REQUIREMENTS AND APPLICATION A-15. CITY OF TROY CODES, GARBAGE AND REFUSE, CH. 3, 2011 A-16. MONTANA ASBESTOS RULES, CH. 74.3 A-17. A-18. A-19. MONTANA DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY ADDENDUM KOOTENAI NATIONAL FOREST, FOREST PRODUCTS PERMITS DEPARTMENT OF NATURAL RESOURCE, ABOUT US, FAQS, FOREST MANAGEMENT A-20. OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION, 29 CFR 1910.1001 AND 1926.1101 ASBESTOS STANDARD H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

1.0 INTRODUCTION The City-County Board of Health for Lincoln County, Montana (Board of Health) is developing an Asbestos Resource Program (ARP) to help prevent or reduce exposure to Libby Amphibole (LA) asbestos, and limit the potential for recontamination of previously cleaned areas within the Libby Asbestos Superfund Site (Site). The ARP may include Local Health Regulations (LHRs), providing resources for the public, and outreach efforts. The Board of Health intends to use the ARP as an interim measure until the Environmental Protection Agency (EPA) has completed a cumulative risk assessment, and final remedies are selected and implemented for the operable units at the Site. At that time, the Board of Health will consider adoption of Local Health Regulations (LHRs) to manage residual exposure to LA asbestos. In addition, the EPA may use the ARP as part of the interim and/or final institutional controls (ICs) for the site. Land Use Restrictions (LURs) are a common IC tool that may be adopted by the Board of Health in full or in revised versions as LHRs. LURs utilize a variety of enforceable regulatory mechanisms (e.g., laws, ordinances, regulations, codes, and permitting systems) to protect public health and the environment by reducing the risk of exposure. This report provides an overview of the existing LURs (e.g., city ordinances, county ordinances and regulations, and other measures) implemented by the City of Libby, the City of Troy, and Lincoln County that have the potential to prevent or reduce exposure to LA asbestos, and limit the potential for recontamination of previously cleaned areas of the site. This report also provides considerations for revising existing LURs to develop effective LHRs as part of the Board of Health s ARP. The laws, ordinances, regulations, codes, resolutions, and guidance reviewed for this report include the following, which are provided in electronic format on the compact disk attached to the inside back cover of this report: Lincoln County Ordinances (paper copy maintained by Lincoln County Clerk and Recorder s Office). Lincoln County Subdivision Regulations, amended January 20, 2010. Citizens Guide to Land Subdivision in Lincoln County, Lincoln County Planning Department, October 16, 2009. Lincoln County Air Quality Ordinance, Chapter 1, Revised October 8, 2008. Lincoln County General Health Regulations, Chapter 2. Lincoln County Landfill Fees, current. Lincoln County Community Decay Regulations, Chapter 4. Lincoln County Board of Commissioners Resolution Related to Asbestos, Resolution No. 538, March 7, 2000. H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 1-1

Lincoln County Board of Health Wastewater Treatment and Disposal Regulations No. 3, revised June 1, 1993. City of Libby Subdivision Regulations, adopted November 21, 2011. City of Libby Control of Air Pollution Ordinance, Chapter 8.12. City of Libby, Ordinance No. 1353, Providing for Placing Restrictions on the Use of Groundwater. City of Libby, Building Codes, Chapter 14.02. City of Libby, Building Permit Application Package. City Code of Troy, updated August 17, 2011. Montana Asbestos Control Act, Montana Department of Environmental Quality, Chapter 74, Subchapter 3. Montana Department of Transportation Highway Approach, Encroachment/Occupancy permits and addendum. United States Forest Service, Kootenai National Forest, Firewood Cutting and Christmas Tree Cutting Requirements. Department of Natural Resources and Conservation Firewood Cutting and Christmas Tree Cutting Permit Guide. Occupational Safety and Health Administration, Asbestos, 29 CFR 1910.1001 and 1926.1101. Section 2 of this report briefly describes the primary LA exposure pathways and sources. Section 3 of this report outlines the LURs in consideration of the noted exposure pathways and sources, and where applicable provides potential strategies for their use in the ARP. Section 4 of this report summarizes other programs and ICs that relate to LA asbestos, and provides considerations for using them to support the LURs. Table 1 summarizes the regulations related to LA exposure, whether the regulation addresses exposure, and considerations for revisions. 1-2 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

2.0 EXPOSURE PATHWAYS AND SOURCES LA asbestos is associated with the vermiculite that was mined in the Libby area from the early 1920 s until 1990. Inhalation of airborne LA asbestos fibers is assumed to be the primary exposure pathway. LA asbestos fibers may be released to the air by a variety of activities (e.g., excavation, deconstruction, fire) that disturb local sources which may contain LA asbestos fibers, including: Forest vegetation (including timber, duff, and brush) Vermiculite insulation Vermiculite and mine related waste materials in soil (e.g., soil conditioner in gardens/flowerbeds, and fill material around foundations, yards, and driveways) Although not all vermiculite contains LA asbestos fibers, the EPA recommends assuming that vermiculite encountered in Libby, Troy, and Lincoln County contains LA asbestos fibers. The EPA is conducting further evaluations of this issue. The EPA is currently in the process of investigating properties in Libby to identity, and where appropriate, remove LA asbestos. The Montana Department of Environmental Quality (DEQ) is conducting a similar investigation and removal program in Troy. In the interim, the EPA s Environmental Resource Specialist (ERS) is available to research and inspect properties on an emergency basis, and if necessary, coordinate removal of vermiculite. Cutting and burning local timber, and disturbing brush and duff is a potential source of LA asbestos fibers. The health risks associated with these activities are unknown at this time, but are being evaluated by the EPA. Public and private drinking water supplies are another potential source of LA asbestos fibers. The EPA has established a maximum contaminant limit (MCL) of 7 million fibers per liter for asbestos in drinking water. The MCL is based on a form of asbestos known as chrysotile, which is highly toxic but different from LA asbestos (http://water.epa.gov/drink/contaminants/basicinformation/asbestos.cfm). The EPA has no immediate plans to evaluate the specific toxicity of LA asbestos relative to the ingestion of drinking water. H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 2-1

3.0 REVIEW OF EXISTING LURS Relevant LURs currently being implemented by Lincoln County, the City of Libby, and the City of Troy are summarized below. Where appropriate, potential strategies are provided to enhance their use as part of the ARP. Table 1 categorizes existing ordinances and regulations by primary LA asbestos source type (i.e., soil, dust, or firerelated), summarizes the current effect of the regulation on LA exposure, and identifies potential strategies for enhancing their use as part of the ARP. Electronic copies of the LURs discussed below are provided in the Appendix on the compact disk attached to the inside back cover of this report. Web addresses are also provided for those LURs that are available online. 3.1 LINCOLN COUNTY LAND USE RESTRICTIONS Paper copies of the Lincoln County ordinances were obtained from the Lincoln County Clerk and Recorder s Office on April 11, 2012. The documents are bound in a loose-leaf binder, but it is not known whether the binder contains a complete set of current documents. The documents are identified with a consistent numbering system. The documents were assembled into the binder in about 1993, but it is unknown if subsequent revisions have been incorporated into the binder (Lincoln County Clerk, personal communication, April 10, 2012). Electronic versions of various Lincoln County regulations and associated forms are available on Lincoln County s web site (www.lincolncountymt.us). Regulations that are relevant to potential LA asbestos exposure are summarized below. 3.1.1 SUBDIVISION REGULATIONS Lincoln County s subdivision regulations (amended January 20, 2010) are administered by the Planning Department, and were prepared to comply with the Montana Subdivision and Platting Act. The County reviews the regulations from time to time, and revises them to reflect changes in state law and circumstances specific to Lincoln County. The current subdivision guidance, regulations and associated forms are available at http://www.lincolncountymt.us/planning/subdiv_regs.html. Review of current subdivision guidance, regulations, and forms indicates that they do not contain provisions specific to LA asbestos. The County regulations do require mitigation of adverse impacts and prohibit subdividing land deemed hazardous. These provisions may be applied to LA asbestos hazards. Specific subdivision guidance, regulations, and forms that are relevant to LA asbestos issues are summarized below, and potential strategies for enhancing their effectiveness as part of the ARP are provided. H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 3-1

3.1.1.1 PRELIMINARY INVESTIGATION The Citizen s Guide to Land Subdivision in Lincoln County (updated October 16, 2009) indicates that the first step in the process to develop a subdivision requires the developer to complete due diligence. Due diligence is initiated by contacting the County Clerk and Recorders Office, and determining if there are any covenants in place. Currently, the noted guidance does not specifically include consideration of LA asbestos issues. Consideration may be given to expanding the scope of the due diligence process to specifically include identification of potential presence of LA asbestos that may trigger additional application requirements. 3.1.1.2 PRE-APPLICATION MEETING AND FORM Upon completion of the due diligence process, the subdivision regulations require a pre-application meeting (ref. Section III-A). Prior to the pre-application meeting, the developer is required to compile preliminary information on the proposed subdivision. At the pre-application meeting, the subdivider and the Lincoln County planning staff review the preliminary information, and discuss the subdivision application requirements. Currently, the noted regulations and form do not specifically include consideration of LA asbestos issues. Consideration may be given to expanding the scope of the preliminary application information, form, and pre-application meeting to specifically include potential LA asbestos issues. Such measures would provide a mechanism for identifying relevant issues and associated subdivision application requirements. 3.1.1.3 ENVIRONMENTAL AND COMMUNITY ASSESSMENT The preliminary plat submittal regulations require a questionnaire (Environmental and Community Assessment) and report which address impacts and proposed mitigation for a number of criteria, including public health (ref. Section IV-D). Currently, the noted regulations do not specifically address potential LA asbestos issues that may be triggered by various activities such as clearing and grubbing, grading, stormwater drainage, installation of water and wastewater systems, and building construction. Consideration may be given to expanding the scope of the questionnaire and report to include specific measures for mitigating the potential exposure and release of LA asbestos during the initial subdivision development, as well as subsequent lot development activities. The expanded requirements could be contingent on the identification of LA asbestos during the preliminary investigation and/or pre-application meeting. Contingencies for requiring identification, reporting, and mitigation of LA asbestos may be appropriate in the event that previously unidentified deposits of vermiculite are identified in the course of the subdivision development. 3-2 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

3.1.1.4 FIRE PROTECTION The fire protection regulations require subdivisions to be planned, designed, constructed, and maintained to reduce the risk of fire (ref. Section VI-P). By reducing the risk of fire in general, the fire protection regulations also reduce the risk of exposure to LA asbestos in smoke and ash. No considerations for revisions are proposed. 3.1.1.5 WATER & SANITATION REPORT The preliminary plat submittal regulations require a Water & Sanitation Report, including information regarding the proposed water supply systems (ref. Section IV-D). Currently, the noted regulations do not specifically address potential LA asbestos issues associated with drinking water. Since there is no other regulation of individual systems, consideration may be given to requiring the report to include discussion of the potential to expose LA asbestos during initial construction, subsequent taps, repairs, and maintenance activities. 3.1.2 CONTROL OF AIR POLLUTION Chapter 1 of the Lincoln County Health and Environment Regulations (revised October 8, 2008) provides for the Control of Air Pollution, and are available at http://www.lincolncountymt.us/environmentalhealth/docs/newairordinancefinal.pdf. With the exception of the numbering system, Title 8 Chapter 8.12 of the Libby Code of Ordinances are similar to the Lincoln County regulations for the control of air pollution, and are available at http://library.municode.com/index.aspx?clientid=16450&stateid=26&statename=montana. For the purposes of this report, the numbering system used in Chapter 1 of the Lincoln County Health and Environment Regulations are referenced. Review of current air pollution regulations indicates that only the outdoor burning provisions specifically address asbestos and asbestos containing materials. Other provisions pertaining to contingency measures, solid fuel burning devices, and dust control, do not contain provisions specific to LA asbestos, although some sections could be interpreted as relevant. Specific air pollution ordinances that are relevant to LA asbestos issues are summarized below, and potential strategies for enhancing their effectiveness as part of the ARP are provided. 3.1.2.1 CONTINGENCY MEASURES Subchapter 1 (ref. Section 75.1.104) applies whenever the Air Pollution Control District cannot attain Montana Ambient Air Quality Standards/National Ambient Air Quality Standards (MAAQS/NAAQS), or cannot make reasonable further progress in reducing emissions. Subchapter 1 provides for control of specific sources and for a comprehensive review if the contributing source cannot be identified. Interim contingency measures are implemented H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 3-3

during the review. Currently, the noted ordinances refer to national standards, and do not specifically address LA asbestos contingency measures. Consideration may be given to incorporating air standards for asbestos that are based on the draft EPA inhalation toxicity values for the Site. 3.1.2.2 SOLID FUEL BURNING DEVICES Subchapter 2 (ref. Section 75.1.205) requires a permit to install or operate any type of solid fuel burning device (e.g., wood-burning stoves and fireplaces). Emission limits do not include any specific limits on asbestos fibers, but the types of fuel that may be burned are restricted, and most material that could contain asbestos fibers is prohibited. However, untreated wood can be burned, including standard firewood from local trees. Depending on the findings of the pending EPA study regarding exposure and risk associated with cutting and burning trees that contain LA asbestos, additional ordinances regarding burning local wood and managing the associated ashes may be warranted. 3.1.2.3 DUST CONTROL Subchapter 3 (ref. Sections 75.1.301 through 751.307) applies to activities within the Regulated Road Sanding and Sweeping District, which encompasses the greater Libby area. Various measures are required to reduce dust generated from road sanding. In addition, vehicles cannot be operated on parking lots and roads that are not paved or otherwise treated to prevent carry-on and wind-borne entrainment of dust. Although this subchapter does not address asbestos specifically, the ordinances should help reduce the spread of, and exposure to, LA asbestos fibers entrained in dust. Subchapter 3 (ref. Section 75.1.308) does not regulate activities outside of the regulated district, but it strongly encourages the reduction of sanding materials applied, and provides five specific recommendations, as follows: Each person or government or private entity is strongly encouraged to reduce the amount of sanding materials applied, taking into consideration public safety and air quality. Outlying areas and low traffic volume roads should have a low priority. Residential areas may receive less sanding material because of lower speeds. Adding salt compounds to conventional sanding materials reduces the total amount of sand applied. Vehicles used for winter driving should be equipped with winter tires or traction devices. For areas outside the current regulated district, consideration may be given to recommending the existing ordinances for dust control as best management practices, or imposing them as regulations. 3-4 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

3.1.2.4 OUTDOOR BURNING Subchapter 4 (ref. Sections 75.1.401 through 75.1.409) requires permits for open burning within the Air Pollution Control District and Impact Zone L. Although the current regulations prohibit open burning of asbestos and asbestos containing materials, LA asbestos entrained in trees or by-products is not visible, and only testing can determine if LA is present. The EPA is evaluating exposure and risk associated with cutting and burning trees and by-products that contain LA asbestos. Depending on the findings of the pending EPA study, additional regulations regarding outdoor burning may be warranted. 3.1.3 WASTEWATER TREATMENT AND DISPOSAL Wastewater Treatment and Disposal Regulations No. 3 (revised June 1, 1993) are implemented by the Lincoln County Board of Health, and are available at http://www.lincolncountymt.us/environmentalhealth/docs/wastewaterregs.pdf. The wastewater regulations require a valid permit from the County Sanitarian for the installation, construction, alteration, or extension of a wastewater treatment and disposal system, and require licensing of contractors who install systems. Currently, the noted regulations do not specifically address LA asbestos issues. Consideration may be given to requiring U-Dig be contacted prior to excavations, training of licensed installers, and providing information to permit applicants to address potential LA asbestos issues. 3.1.4 SOLID WASTE Chapter 2, Subsection 5 (ref. Section 75.2.501 through 75.2.507) of the General Health Regulations (August 1, 1986) includes regulations for the storage, handling, and disposal of solid wastes. There are no asbestos-specific provisions in these regulations. However, the Libby Landfill has reportedly adopted rules relating to the acceptance and disposal of wastes containing asbestos. Contractors must inspect and sample construction debris for the presence of asbestos containing material prior to transport and disposal (Libby/Troy City Building Inspector, Personal Communication, April 11, 2012). Of the four landfills in Lincoln County, the Libby Landfill is the only landfill that accepts asbestos and asbestos containing material. Consideration may be given to providing educational materials and/or recommending best management practices to property owners that may generate, transport, or dispose asbestos or asbestos containing materials at a local landfill. Section 75.2.506 of the solid waste regulations allows burying solid waste on a case-by-case basis (i.e., not at a permitted landfill) with the approval of the County Health Officer. Consideration may be given to revising this regulation to either exclude the disposal of asbestos containing materials, or impose requirements to control potential emissions and document the location of asbestos containing materials. H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 3-5

3.1.5 COMMUNITY DECAY Chapter 4 of the Lincoln County Health and Environment Regulations addresses Community Decay and prohibits the accumulation of rubble, debris, junk, or refuse in conditions that are injurious to health, indecent, offensive to the senses or obstructive of the free use of property so as to interfere with the comfortable enjoyment of life or property in Lincoln County. The referenced regulations do not address LA asbestos. Consideration may be given to expanding the list of prohibitions in Section 75.4.103 to include the storage, disposition, or accumulation of asbestos and asbestos containing materials, as well as abandonment of decaying structures that contain such materials. 3.1.6 LINCOLN COUNTY BOARD OF COUNTY COMMISSIONERS RESOLUTION RELATED TO ASBESTOS The County Commissioners have passed a resolution relating to asbestos. Resolution No. 538 (March 7, 2000) resolves to investigate the nature and extent of adverse impacts of asbestos, the need for governmental action, and the available financial resources to respond to any endangerment. Although resolutions are generally non-binding and do not impose regulatory requirements, they provide a mechanism for communicating the governing body s commitment to a particular issue. As the ARP evolves, consideration may be given to updating this resolution. 3.2 CITY OF LIBBY AND CITY OF TROY LAND USE RESTRICTIONS The following information is provided to summarize existing LURs specific to the City of Libby and the City of Troy. 3.2.1 BUILDING PERMITS The building permit requirements for the City of Libby and the City of Troy are comparable, and the cities share a common building inspector. Since the building permit application packages in the two cities are identical except for the name of the city, only the building permit application package for the City of Libby is included in the appendix. Although asbestos-specific issues are not addressed in the building permit requirements, the permitting process does provide an opportunity for information to be provided to the permit applicant. An ERS program flyer is currently included in the building permit package, and includes a recommendation that the ERS be contacted prior to any grading, excavation, or remodeling. Applicants also receive general information prepared by the Montana DEQ regarding asbestos regulations and best management practices. Consideration may be given to revising the building permit requirements to require contacting the ERS prior to grading or excavation. The current building permit requirements do not extend beyond the city limits of Libby and Troy. Approximately 2,600 people reside in Libby, and approximately 1,000 people reside in Troy. Lincoln County has a population of approximately 18,800 people. Approximately 11,000 people reside within a 4-mile radius of the City of Libby (Libby 3-6 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

Chamber of Commerce website: www.libbychamber.org/relocation.html). Within the constraints of Montana law, consideration may be given to extending the application of current or revised building requirements beyond the city limits. 3.2.2 CITY OF LIBBY SUBDIVISION REGULATIONS Libby s subdivision regulations (adopted November 21, 2011), which are administered by the Lincoln County Planning Department, were prepared to comply with the Montana Subdivision and Platting Act. The City reviews the regulations from time to time, and revises them to reflect changes in state law and circumstances specific to the City of Libby. The current subdivision guidance, regulations and associated forms are available at http://cityoflibby.com/wpcontent/uploads/cityoflibbysubregs2011_final.pdf The City of Libby s subdivision regulations are the same as the Lincoln County subdivision regulations with a few exceptions, one of which may relate to asbestos exposure. That exception is the water supply regulations. While the county regulations allow wells for water supply, the City of Libby prohibits drilling new wells in the city for domestic purposes, as described in Section 3.2.3, Wells. The other exceptions reflect the fact that Libby is a city and relate mainly to roads, sidewalks, and other similar improvements. In Libby, some of those features must meet different standards than those established in Lincoln County. For example, the Libby subdivision regulations require all roads to be paved, while the Lincoln County regulations allow some low-use roads to be gravel surfaced. Thus, the Libby road regulations result in better control of dust. Like the Lincoln County subdivision regulations, the City of Libby subdivision regulations require a pre-application meeting and form, an environmental and community assessment, fire protection, and a water and sanitation report. Due to the similarities between the Lincoln County and City of Libby Subdivision regulations, the same considerations previously listed in Sections 3.1.1.1 through 3.1.1.5 for the Lincoln County subdivision regulations also apply to the City of Libby subdivision regulations. 3.2.3 WELLS Libby City Ordinance No. 5333 prohibits drilling new wells in the City of Libby for domestic or irrigation purposes. The noted ordinance effectively prevents exposure to LA asbestos during well drilling and groundwater production. Wells for other uses require a permit and annual inspections by the City. The well ordinance has been codified in the Libby Code of Ordinances in Chapter 13.68 Restrictions on Use of Groundwater. No considerations for revisions are proposed. H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 3-7

3.2.4 CITY CODES OF TROY The City Codes of Troy are available from Sterling Codifiers at http://www.sterlingcodifiers.com/codebook/index.php?book_id=949. Title 4 Health and Sanitation, Chapter 3 Garbage and Refuse, Section 4-3-2, paragraph D states that no burning of forest material, refuse, garbage or debris shall occur on the City dump grounds between May 1 to September 30. Depending on the results of the pending EPA study regarding the cutting and burning of trees and by-products that contain asbestos or asbestos containing materials, consideration may be given to further restrictions in the noted city codes. 3.3 STATE AND FEDERAL REGULATIONS The following information is provided to summarize existing LURs specific to the State of Montana and Federal Agencies. 3.3.1 WATER WELLS Water wells in Montana must be installed by a water well driller licensed by the Department of Natural Resources and Conservation (DNRC). In order to obtain a water right for a well, a Notice of Completion must be filed with the DNRC. Wells for community systems are required to be installed and maintained in accordance with DEQ standards. The process of drilling a water well has the potential to disturb soils impacted by LA asbestos, and disperse soil and dust at the surface. Additionally, water produced from a water well has the potential to expose users to LA asbestos. Existing state regulations do not address the potential disturbance or dispersion of LA asbestos. Consideration may be given to encouraging the DNRC to include information on LA asbestos as part of the water well driller licensing program. Depending on the findings of the pending EPA study regarding exposure and risk associated with LA asbestos fibers in drinking water, consideration may also be given to encouraging the DEQ to provide relevant information to private well owners. 3.3.2 MONTANA ASBESTOS CONTROL ACT The Montana Asbestos Control Act (MACA) regulates all facilities other than single-family homes occupied by the home owner. Rental units, up to four units, may also be exempt, depending on the circumstances. Such units owned by someone who owns several rental units are not exempt. The MACA includes the following definitions/provisions: An asbestos containing material (ACM) is any material that contains more than 1% asbestos. 3-8 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

An asbestos project is the encapsulation, enclosure, removal, repair, renovation, placement in new construction, demolition of asbestos in a building, or the transportation or disposal of asbestos-containing waste. An asbestos project involves impacting three or more square or linear feet of ACM. A Montana Accredited Asbestos Inspector must inspect building renovations and demolitions for ACM prior to renovation or demolition activities. ACM that will be impacted by renovation or demolition activities must be removed before demolition or renovation activities begin. The Asbestos Control Program must be notified 10 working days prior to an asbestos project and demolition activities. Asbestos projects require a project permit from the Asbestos Control Program and must be done by persons with a Montana Contractor/Supervisor or Worker accreditation. Notification of the Asbestos Control Act is provided by the building inspector for Libby and Troy whenever a building permit is sought. The MACA provides measures for controlling asbestos exposure at many facilities. Since January 1, 2000, 66 MACA permits have been issued in Lincoln County. The building inspector provides relevant information to building permit applicants. Because the MACA does not apply to all facilities, consideration should be given to providing relevant information to owners of small rental units and single-family homes through local contractors, equipment rental providers, building material suppliers, and local government agencies. 3.3.3 MONTANA DEPARTMENT OF TRANSPORTATION HIGHWAY APPROACH AND ENCROACHMENT/OCCUPANCY PERMITS The Montana Department of Transportation (MDT) requires an approach or encroachment/occupancy permit prior to performing work within a State highway right-of-way. Regulated work includes excavations for utility installations/maintenance to occupy within or encroach upon the highway right-of-way, or for a driveway approach to connect to a state highway. The MDT has adopted a special provision for such permits along Highway 37 from the Kootenai River Bridge to Rainy Creek. The special provisions for the noted section of Highway 37 notifies applicants of the hazard of exposure to LA asbestos, and advises them to take appropriate precautions. The current permit system provides basic notification of the potential hazard, but consideration may be given to requiring a mitigation plan in the event that LA asbestos is suspected of being present. H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 3-9

3.3.4 FIREWOOD CUTTING AND CHRISTMAS TREE PERMITS, U.S. FOREST SERVICE AND MONTANA DEPARTMENT OF NATURAL RESOURCES AND CONSERVATION Both forest management agencies issue permits for cutting firewood and Christmas trees on their respective lands. Depending on the results of the pending EPA study regarding the cutting and burning of trees and by-products that contain asbestos or asbestos containing materials, consideration may be given to distributing appropriate information and/or recommend best management practices in conjunction with the permit process used by these agencies. 3.3.5 OSHA Occupational Safety and Health Act (OSHA) regulations provide protection against asbestos exposure to workers, but do not apply to other activities. OSHA s Permissible Exposure Limit (PEL) to asbestos is 0.1 fiber per cubic centimeter averaged over an 8-hour shift and a 40-hour work week. The Board of Health has no jurisdiction regarding federal OSHA regulations. However, consideration may be given to utilizing the OSHA standards and LA asbestos toxicity values as a starting point to develop LA asbestos exposure standards for the public, or as a regulatory action level when an activity or material handling process generates airborne concentrations that exceed this standard. 3-10 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

4.0 OTHER PROGRAMS / INSTITUTIONAL CONTROLS Other programs and institutional controls that enhance the effectiveness of existing LURs and help reduce exposure to LA asbestos are described in the following sections. 4.1 EPA VERMICULITE REMOVAL IN HOMES AND BUSINESSES EPA is currently replacing contaminated soil and vermiculite insulation in residential and commercial properties. Soil is removed to a depth of 1-foot unless a moderate or higher level of vermiculite is still observed at this depth or if soil testing results indicate LA asbestos is present at levels of 1% or greater. In this case, more soil is removed to a depth of up to 3-feet. If a significant amount of vermiculite is still observed, or if LA asbestos is detected at levels of 1% or greater at a depth of 3-feet, an orange marker barrier is placed over the contaminated soil. All excavated areas are then backfilled with clean soil. Vermiculite insulation is removed from all accessible open/areas within the residence or business (e.g., attics, areas where vermiculite insulation is leaking into living/working areas, areas exposed during renovation, etc.). Air sampling is conducted during and after the removal to insure that hazardous levels of asbestos are not released during the cleanup actions. 4.2 LIBBY LEGACY PROJECT The Libby Legacy Project is an educational program. Classroom materials are being developed that describe the legacy of asbestos mining in the Libby area to local students. Assistance from the EPA, other experts, and educators may be encouraged to support the success of the project. 4.3 PROPERTY STATUS DATABASES EPA has developed a property status database for the Libby area, and DEQ has developed a similar database for the Troy area (TOAD). These databases describe items relating to asbestos issues for each parcel of land, such as whether the parcel has asbestos in the soil and buildings, and removal actions performed on the property. Consideration may be given to modifying the database for the Libby area to facilitate searches by street addresses. Consideration may also be given to providing the property status report from the EPA and TOAD databases for property transactions or other property modification activities. 4.4 REALTORS Realtors are often the primary source of information to potential buyers and sellers regarding LA asbestos risks in Lincoln County for newcomers. A Lincoln County official or contractor could attend forums for realtors to answer H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx 4-1

questions and keep up on concerns and issues that the realtors become familiar with. The realtors should also be kept up to date on the latest research results and government activities regarding the LA asbestos risks. 4.5 CHAMBER OF COMMERCE Like the realtors, Chamber members are on the front lines with the public, and get questions and concerns that are unlikely to come up in other forums. A Lincoln County official or contractor could attend selected meetings of the Chamber of Commerce to answer questions and concerns, and provide information on the latest research results and government activities regarding the LA asbestos risks. 4.6 AMBIENT AIR MONITORING IN TROY AND LIBBY An ambient air monitoring program has been underway in Troy and Libby for over 5 years. Existing data for Libby and Troy indicate relatively low fiber concentrations, and concentrations in Libby are generally lower than concentrations in Troy. Consideration may be given to maintaining this program at least until pending EPA activities are completed, and potentially longer. Additional monitoring locations in rural locations may be considered to provide additional data and support decisions regarding future LURs that apply to rural properties. 4.7 ENVIRONMENTAL RESOURCE SPECIALIST An EPA-funded Environmental Resource Specialist (ERS) currently provides technical recommendations and coordinates removal actions when vermiculite is encountered. The ERS is notified of U-Dig locate requests in the Libby and Troy areas, and is available to provide consultation for proposed excavation or grading activities. Consideration may be given to maintaining this position over the long-term. Opportunities to disseminate information regarding the types of services provided by the ERS may also be considered, including attendance at the subdivision pre-application meetings for subdivisions with suspected asbestos issues. 4.8 U-DIG The U-Dig utility locating service notifies the ERS when a request for a location of underground utilities is received. Although home owners and contractors are already required by state law to contact U-Dig prior to initiating grading and excavation activities, consideration may be given to including this notification as a regulatory requirement for permitting processes for subdivisions, wastewater systems, and water wells. 4-2 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\1_Text\201206_FinalLURReport_RPT.docx

TABLE

TABLE 1. LA ASBESTOS EXPOSURE SOURCES AND RELATED REGULATIONS LINCOLN COUNTY, MONTANA Source Soil Applicable Regulation Subdivision Regulation*, Preliminary Investigation Subdivision Regulation*, Pre- Application Meeting and Form Subdivision Regulation*, Environmental and Community Assessment Subdivision Regulation*, Fire Protection Subdivision Regulation*, Water and Sanitation Report Wastewater Treatment and Disposal Regulation; Regulation No. 3 County Health Regulations, Solid Waste Regulations Effect of Regulation on LA Asbestos Exposure LA asbestos is not addressed. Requires developer to perform due diligence with County Clerk and Recorders Office and Department of Environmental Health. LA asbestos is not addressed. Requires developer to have a preapplication meeting with the Planning Department. LA asbestos is not addressed. Requires a questionnaire (Environmental and Community Assessment) and report which address impacts and proposed mitigation for a number of criteria, including public health Require subdivisions to be planned, designed, constructed, and maintained to reduce the risk of fire. LA asbestos is not addressed. Requires a Water & Sanitation Report, including information regarding the proposed water supply systems. LA asbestos is not addressed. Requires permits for all systems and licenses for installers. LA asbestos is not addressed; however, the Libby landfill accepts asbestos containing materials. Some solid waste may be buried in other locations and used as fill material. Considerations Consider expanding the scope of the due diligence process to specifically include identification of potential presence of LA asbestos that may trigger additional application requirements. The developer could be directed to the property status database developed by the EPA for Libby, the TOAD for Troy, or the ERS program if outside the coverage of these databases. Consider expanding the scope of the preliminary application information, form, and pre-application meeting to specifically include potential LA asbestos issues. Consider expanding the scope of the questionnaire and report to include specific measures for mitigating the potential exposure and release of LA asbestos during the initial subdivision development, as well as subsequent lot development activities. No considerations for revisions are proposed. Subdivisions on public water systems are protected. Consideration may be given to regulating individual wells. Consider educational opportunities, best management practices, or regulations. Potential subject areas may include occurrence, identification, and hazards of LA asbestos; installation and repair of wastewater systems in areas containing LA asbestos; and operation and maintenance of wastewater systems in areas containing LA asbestos. Consider revising the regulation allowing burial of solid waste on a case-by-case basis to either exclude the disposal of asbestos containing materials, or impose requirements to control potential emissions and document the location of asbestos containing materials. H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\2_Tables\201206_FinalLURReport_TBL.docx 1 of 2

TABLE 1. LA ASBESTOS EXPOSURE SOURCES AND RELATED REGULATIONS LINCOLN COUNTY, MONTANA Source Soil Dust Fire- Related Applicable Regulation Libby and Troy Building Permits Control of Air Pollution Ordinance, Contingency Measures Control of Air Pollution Ordinance, Dust Control - Regulated Road Sanding and Sweeping District Montana Asbestos Control Act OSHA Requirements Libby and Troy Building Permits Control of Air Pollution Ordinance, Solid Fuel Burning Devices Control of Air Pollution Ordinance, Outdoor Burning Effect of Regulation on LA Asbestos Exposure LA asbestos is not addressed. Permit applicants receive information on ERS and the MT Asbestos Control Act, and are advised to contact ERS before digging. LA asbestos is not addressed. The ordinance provides for control of specific sources and for a comprehensive review if the contributing source cannot be identified. LA asbestos is not addressed, but should reduce spread and exposure. Requires various measures to reduce dust generated from road sanding. The Act provides measures for controlling asbestos exposure at many facilities. Controls use, transportation, and disposal of asbestos containing material. OSHA regulates asbestos exposure in the workplace. LA asbestos is not addressed. Permit applicants receive information on ERS and the MT Asbestos Control Act, and are advised to contact ERS before digging. LA asbestos is not addressed. Emission limits do not include any specific limits on asbestos fibers. Requires a permit to install or operate any type of solid fuel burning device. The types of fuel that may be burned are restricted, and most material that could contain asbestos fibers is prohibited. Could interpret LA asbestos as foreign material but may not be sufficient to effectively limit LA exposure. Requires permits for all open burning. Limits material that can be burned to those unlikely to be significant sources of LA asbestos. Considerations Consider revising the requirements to require contacting ERS prior to digging or remodeling projects. Also consider extending the application of current or revised building requirements beyond the city limits. Consider incorporating air standards for LA asbestos that are based on the draft EPA inhalation toxicity values for the Site. For areas outside the current regulated district, consider recommending the existing ordinances for dust control as best management practices, or imposing them as regulations. Consider providing relevant information to owners of small rental units and single-family homes through local contractors, equipment rental providers, building material suppliers, and local government agencies. Consider using OSHA standards as a starting point to develop LA exposure standards for the public. Consider revising the requirements to require contacting ERS prior to digging or remodeling projects. Also consider extending the application of current or revised building requirements beyond the city limits. Consider additional ordinances regarding burning local wood and managing the associated ashes may be warranted, but will depend on the findings of the pending EPA study regarding exposure and risk associated with cutting and burning trees that contain LA asbestos. Depending on the findings of the pending EPA study regarding exposure and risk associated with cutting and burning trees and byproducts that contain LA asbestos, additional regulations regarding outdoor burning may be warranted. Notes: * Considerations apply to both the Lincoln County Subdivision Regulations and City of Libby Subdivision Regulations. 2 of 2 H:\Projects\LincolnCtyHealthDpt\ProjectDocuments\MT\LibbyInstitutionalControls\Reports\01_LUR_Report\201206_Final_LUR-Report\2_Tables\201206_FinalLURReport_TBL.docx

APPENDIX A (PLEASE SEE ATTACHED CD) LAWS, ORDINANCES, REGULATIONS, CODES, RESOLUTIONS, AND GUIDANCE A-1. LINCOLN COUNTY ORDINANCES (LINCOLNCOUNTYORDINANCES.PDF) A-2. LINCOLN COUNTY SUBDIVISION REGULATIONS (LINCOLNCOUNTYSUBDIVISIONREGULATIONS2010.PDF) A-3. CITIZEN GUIDE, UPDATED 9-1-09 (CITIZENGUIDE_UPDATED9-1-09.PDF) A-4. LINCOLN COUNTY NEW AIR ORDINANCE, FINAL (LINCOLNCOUNTYNEWAIRORDINANCEFINAL.PDF) A-5. GENERAL HEALTH REGULATIONS (GENERALHEALTHREGULATIONS.PDF) A-6. LAND FILL FEES (LANDFILLFEES.PDF) A-7. COMMUNITY DECAY ORDINANCE (COMMUNITYDECAYORDINANCE.PDF) A-8. LINCOLN COUNTY COMMISSIONERS ASBESTOS RESOLUTION 538 (LINCOLNCOUNTYCOMMISSIONERASBESTOSRESOLUTION538.PDF) A-9. BOARD OF HEALTH WASTEWATER REGULATIONS (BOARDOFHEALTHWASTEWATERREGULATIONS.PDF) A-10. CITY OF LIBBY SUBDIVISION REGULATIONS (CITYOFLIBBYSUBDIVISIONREGULATIONS.PDF) A-11. LIBBY CONTROL OF AIR POLLUTION, TITLE 8, CHAPTER 12 (LIBBYCONTROLOFAIRPOLLUTION_TITLE8CH812.PDF) A-12. LIBBY GROUNDWATER ORDINANCE 1353 (LIBBYGROUNDWATERORDINANCE1353.PDF) A-13. LIBBY BUILDING CODE ORDINANCES, CHAPTER 14.02 (LIBBYBUILDINGCODEORDINANCES_CH14_02.PDF) A-14. LIBBY BUILDING PERMIT REQUIREMENTS AND APPLICATION (LIBBYBUILDINGPERMITREQUIREMENTS&APP.PDF) A-15. CITY OF TROY BUILDING CODES, CHAPTER 3, GARBAGE AND REFUSE (CITYOFTROYCODES-CH3_GARBAGE&REFUSE.PDF) A-16. MONTANA ASBESTOS RULES, CHAPTER 74.3 (MONTANAASBESTOSRULES_CH74-03.PDF) A-17. MONTANA DEPARTMENT OF TRANSPORTATION, RIGHT OF WAY ADDENDUM (MDT_RIGHTOFWAY_ADDENDUM.PDF) A-18. KOOTENAI NATIONAL FOREST, FOREST PRODUCTS PERMITS (KOOTENAINATIONALFOREST-FORESTPRODUCTSPERMITS.PDF) A-19. DEPARTMENT OF NATURAL RESOURCE, ABOUT US, FAQ, FOREST MANAGEMENT (DNRCABOUTUSFAQSFORESTMANAGEMENT.PDF) A-20. OCCUPATIONAL HEALTH AND SAFETY ADMINISTRATION, 29 CFR 1910.1001 AND 1926.1101, ASBESTOS STANDARD (OSHA_1910&1926-ASBESTOSSTANDARD.PDF)