Public Comment

As the Montana DEQ still sorts through the public comments, most of which submitted over a month ago, the public is getting antsy about the future. To help out, I decided to go through the public comment and get a general feel for the attitudes. Of course, I did expect a big public cry for residential site specific clean-up levels, but I was surprised by the ratio of stake holders.

98% or 480 out of the 490 comments I evaluated did not support the current proposal and pleaded for a residential clean-up.

The other 10 comments were disbursed as follows: 6 were in support of the current proposal, 3 were comments relating directly to water quality, 1 was a neutral thank you.

2 Quick notes about public comment.............

1. I thought public comments were readily available to the public.....am I wrong? In order to access the 665 pages of public comment I had to contact  DEQ's Scott Graham, and he had to set up a file transfer account for me. Next, I had to register with the service and create a password. Later that day he transferred the file and I was able to upload it in the form of a PDF. This seems awfully inconvenient for a currently active public document.

2. The figures I came up with from the comments probably have human error of 0-15%. I just hand tallied the comments based on "in favor" or "not in favor and would like residential SSCL". The 10 comments that did not fit my format were described above.

In Favor of the Current Proposal

1. Hutigg - Obviously they would like to see the site be cleaned up as fiscally frugal as possible. The corporation submitted a very lengthy and unorganized comment that outlines ways to remediate the site "cost effectively". We'll see if the DEQ acts on any of Hutigg's suggestions.

2. & 3. Scott Street Partners & Zip Beverage - These guys just want something done as soon as possible. The investigation and mild remediation has been going on for over a decade and they are probably getting real sick of it. If the site specific clean-up level gets elevated by the DEQ to residential these guys will be involved for much longer than they want to. Also, this would probably mean continued restriction on the large vacant chunk of land owned by Scott Street Partners which they may be paying property taxes on without the power to use it.

4. Missoula Economic Partnership (MEP) - This group has no connection with any other stakeholders. I spoke with Melanie Brock, the Director of Strategic Initiatives for MEP. Melanie told me that MEP has no contact with any other stakeholders in support of DEQ's current proposal. She said that the comment was based on MEP's mission for business retention and expansion. She did say, however, that Zip Beverage was an investor with MEP.

5. An X White Pine Sash Employee - This man obviously has some sentiment for the work he did, and I respect that. I cannot speak for what he feels or knows about the mill.

6. A Commercial Real-Estate Sales Associate - This comment's foundation are pretty apparent. It's a prime spot for new industry to move in! Money, money, money!!

Water Concerns

There were three total comments pertaining to just water. The Clark Fork Coalition, Mountain Water Company, and the Missoula County Water Quality Advisory Committee more or less submitted the same comments. In fact, they were conceived by the same people. Chris Brick, Science Director for the Clark Fork Coalition told be that the comment were the result of a collaborative effort. Members  of both the Mountain Water Company and the Clark Fork Coalition are active in the Water Quality Advisory Committee. These experts got together and discussed the current proposal for White Pine Sash and settled on a comment which they each submitted individually. The comments did not pertain to a site specific clean-up level, but did plead for more aggressive excavation of contaminated soil and the removal of a settling well.

Of all the comments I read, this one has to make the most sense........

"If someone took a dump in your grandmother's living room, why would you have to debate about how much of it to clean up?"

Sugesstions for Moving Forward: White Pine Sash

The Montana DEQ will decide it final clean-up plan after all the public comment is considered.  As of right now, the Montana DEQs main goal for the clean-up of the White Pine Sash Site is one that protects both human health and the environment.

Soil vapor point installation (2012). White Pine Sash Superfund Site, Missoula, MT.
     

The Montana Department of Environmental Quality will make its final decision about the cleanup process and future use of the Missoula White Pine Sash site after it considers relevant public comment, determining if any revision are necessary to their proposed plan. With this said, the Montana DEQ’s final cleanup choice is one that protects the environmental and human health.  It is understood that this area is hazards to human health and the environment, therefore the MDEQ is listening to the voices of the public and other parties.  But in the in the end, the Montana DEQ will go with what it feels is best for cleaning up this Superfund site and properly disposing of the contaminated waste.

Change at the Missoula White Pine Sash site is going to happen, the question being exactly how much change will happen, and how much of that change will be what the public wants.  The MWPS is a serious issue that deals with a contaminated area that is has been affecting the surrounding environment and residents since the lumber mill and wood treating facility first opened.  Stakeholders from all angles are involved, and have been included since talk of cleaning up the site was first started over a decade ago.

In the Montana DEQs proposed plan is an in-depth look at the final cleanup options for the MWPS site.  There main areas of focus are cleaning up the groundwater and soil at the site, properly disposing of the contaminated waste.  Their plan includes doing nothing, cleaning up these areas of the is the site to light commercial/industrial standards that have not already been cleaned up to these standards, or cleaning up the area to residential standards.

I contacted Moriah Bucy a representatives with the Montana DEQ who is one of the people responsible in overseeing the cleanup of the Missoula White Pine Sash Superfund Site.  She told me in her interview that the Montana DEQs proposed plan, their preferred remedy for cleanup of the MWPS is meeting the sever CECRA criteria, cleaning up the site to meet substantial and long-term risk reduction, provides measures to prevent future exposures to contaminated groundwater and soil vapor, attains that highest level of risk reduction compared to cost, and provides for long-term reliability.

Industrial-Commercial Standards...

An inside scoop with the Montana DEQ

I was able to have a few words with Montana DEQ project officer Scott L. Graham.

Here's what he had to say:

Q: Have any changes been made to the DEQ plan since the public meeting? If so, did the verbal questions and or mailed comments lead to any of these potential changes?

Scott: “No, no real changes or decisions have been made on anything yet.” “Not to say they will or will not, the DEQ is still sorting through the comments.” Scott added they received between 650-700 pages of comments in total.

Q: Did the voice of city council members carry weight amongst DEQ decision makers and in your eyes, fellow stakeholders?

Scott: “Yes, city council has had a couple meetings with various stakeholders such as the water quality district.”

-Scott highlighted the City Council’s main involvement which backs the request of the residential stakeholders.

“They submitted a resolution to clean the site to residential zoning standards.”

Q: From the perspective of the DEQ, which stakeholders have made a point to become involved? Who has had a strong voice?

Scott: “Certainly the residents. Since the public meeting the town has really come alive.”

Scott also mentioned Bob Oaks, “A bright guy who has been a leader and really has rallied the troops.”  

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White Pine Sash Mill History and Environmental Factors

 Missoula Lumber formerly operated on the site that is now considered the White Pine Sash Mill Superfund cleanup site.  Missoula Lumber was a sub-affiliate with Largey Lumber, based out of Butte, Montana. Missoula Lumber operated through the late 19th century and in 1917 became what we today consider the White Pine and Sash mill. The facility operated as White Pine and Sash from 1917 until 1996. The mill primarily manufactured wooden windows during its operational era.

Up until the late 1980's, the mill was a primary local employer for both men and women of Missoula's North and Westside residents. In the late 80's, the logging industry began to slow relative to previous decades and eventually closed in 1996.

At the time of the mills closure in 1996, the mill was owned by Huttig Building Products. According to Bob Oaks, a North Missoula Community Development Corporation (NMCDC) member, Huttig B.P. is self proclaimed "the nation's largest distributor of building products and mill work with 36 branches covering 44 states." Oaks also added, that "Huttig B.P. is a subsidiary of the multinational Crane Co."

The companies influence extends beyond regional soils and lumber use. The proclaimed "... nation's largest distributor..." according to Oaks as a means to remove an underground fuel tank acquired $450,000 from, "Montana Petroleum Release and Compensation Fund, which is funded by a state fuel tax..."

According to the Huttig B.P. annual 2013 financial report, within its "Legal Proceedings" section, "We are involved in various claims and litigation arising principally in the ordinary course of business. We believe that the disposition of these matters will not have a material adverse effect on our business or our financial condition."

In Huttig B.P.'s 2013 financial report opening letter addressed to their shareholders, the company reported a, "net income from continuing operations of $3.6 million in 2013..." The document added, "For the year ended December 31, 2013, we generated net sales of $561.5 million."

In the "Legal Proceedings" portion of the document which addresses the current state of legal action on the Missoula, Montana White Pine Sash Superfund site, Huttig B.P. acknowledges spending less than $0.5 million each year since 2011. The statement continues, "...we have accrued $0.6 million for future costs of remediating this site, which management believes represents a reasonable estimate based on current facts and circumstances and the currently expected costs of remediation."  The document acknowledges, until the Montana Department of Environmental Quality (DEQ) settles on a final cleanup level, "management cannot estimate the top of the range of loss or cost to Huttig of the final remediation order."   

According to the Montana DEQ, Huttig B.P. is responsible for cleanup costs. As of now the DEQ, given its goal of complying with the Comprehensive Environmental Cleanup and Responsibility Act (CECRA), has estimated the total cost for "preferred remedy" to cost $7,937,487. This figure is based on site cleanup standards, which meet the needs for the site's current zoning of commercial/industrial. The DEQ has estimated costs for residential standards to approach $20 million.

The cause for the cleanup at the White Pine Sash Mill is attributed to the mill's prior use of various contaminants. These contaminants include pentachlorophenol, dioxins, petroleum, methane and metals. Pentachlorophenol is considered the greatest contributor among contaminants. Its use began during the 1930's. According to Oaks, "window sashes and doors were dipped into a vat or tank containing a penta solution to reduce the potential for mold and other fungal infestations."

The primary concerns are groundwater, surface/subsurface soil, and soil vapor (air) contamination.

Below the soils surface the Missoula aquifer steadily flows between 45-60 deep. Above the aquifer sits multiple "perched aquifers". These are stagnant water tables believed to house the majority of the pentachlorphenol contaminated ground water. The DEQ has proposed injecting an oxidant which destroys all matter it comes in contact with, hazardous or not.

The DEQ has in regards to surface and subsurface soils intents to preform excavation and Ex-site bio-remediation. This entails soil excavation to a depth of 15 feet. Ex-site treatment suggests placement in a land treatment unit (LTU) until chemical levels are deemed safe. No explanation has been assuredly provided for the placement of soils post decontamination.

In regards to soil vapor, construction workers during excavation practices are thought to be at greatest risk. Use of hazardous chemical indicators will be used during all excavation to ensure safety of physical cleanup crew members. Upon excavation, it is thought the dangers of soil vapors will leave with the transportation of excavated soils.

Beyond physical decontamination, short and long-term monitoring practices are planned. Timeline for monitoring is dependent of monitoring results.

Remedial design is said to be finalized and begin winter 2014.    

Zip Beverage

A picture of the park with the Zip beverage distribution warehouse in the background. Zip beverage is one of the current tenants on the land.

The Central Conflict of the White Pine Sash Mill Cleanup

The most prevalent debate regarding the White Pine Sash Mill Cleanup is a matter of standards.  The Montana Department of Environmental Quality (DEQ) has determined that the site should be cleaned to standards that would allow commercial and industrial development of the area.  However, some interested parties would like to see the site cleaned to a higher standard that would allow residential development of the area as well.
In determining the standard to which a site should be cleaned, the DEQ considers a number of factors.  They consider the ordinances of the area, such as the zoning regulations, the way the site was used in the past and the way it is expected to be used in the future, the patterns of development in the area, and how the owners of the site and the area planning officials intend to use the site.  Based on their analysis of these factors, the DEQ determined that the White Pine Sash Mill site could be expected to see commercial and industrial future use, and therefore should be cleaned to a standard that would allow that kind of use.  Some of the stakeholders that support cleaning the site to this level are Huttig Building Products, Scott Street Partners, and the Missoula Economic Partnership.
However, many community members and interested parties would like to see the site cleaned to a higher standard.  I spoke with Bryan Von Lossberg, a city councilor whose ward includes the White Pine Sash Mill Site.  Among other things, he is the co-author of a resolution put forth by the city council encouraging the DEQ to clean the site to residential standards (which can be viewed in an earlier post).  Von Lossberg emphasized that he did not want the site to be cleaned to residential standards just to force residential development, but rather to enable the highest use of the site without constraints.  In fact, he foresaw a mix of residential and light industrial use for the site in the future.  Von Lossberg also felt that determining the future use of the site based on the past use of the site hampers the development of the surrounding community.  In addition, Von Lossberg feels that there is a responsibility to clean the site to the highest possible standard, and felt it would be hard to explain why the site would not be cleaned to the highest standard.  Von Lossberg is not alone in his convictions.  Also in favor of cleaning the White Pine Sash Mill to a residential standard are the Missoula Housing Authority, the Missoula County Health Board, and the Missoula Office of Planning and Grants. For more information about the debate over standards, please see:
Missoula Neighborhood Pushes DEQ to Strengthen Cleanup Order for Northside