WRITTEN TESTIMONY OF WILLIAM YELLOWTAIL,
REGIONAL ADMINISTRATOR OF US EPA REGION VIII,
ON THE LIBBY ASBESTOS SITE LIBBY, LINCOLN COUNTY, MONTANA
BEFORE THE ENVIRONMENT AND PUBLIC WORKS COMMITTEE
UNITED STATES SENATE
16 February 2000

I would like to thank the Senate Committee on Environment and Public Works for inviting me to offer testimony concerning the asbestos situation in Libby, Montana. This is a most serious matter. My staff end I have given it our utmost attention. EPA Region 8 will complete the investigation it is conducting in Libby with all due speed and thoroughness - as a top priority. After providing a brief background about the Site, I will discuss five topics:

1. The Agency's recent actions at the Site.
2. What we know of the extent of asbestos related health effects in Libby.
3. What we know of the current state of the environment in Libby.
4. The next step's to be taken by EPA and other Federal agencies at the Site.
5. Coordination of State, Local, and Federal efforts.

Background

Mr. Edward Alley began initial mining operations on a vermiculite ore body located approximately 7 miles northeast of Libby, Montana in the early 1 920's. Full scale operations began later that decade under the name of the Universal Zonolite Insulation Company (Zonolite). Scientists didn't know the health ramifications at the time, but it was known that this ore body contained amphibole asbestos of the tremolite-actinolite series. Unlike, the commercially exploited chrysotile asbestos, the tremolite-actinolite material has never been used commercially, and was considered a contaminant. Uses of vermiculite include a variety of insulation products and construction materials, as a carrier for fertilizer and other agricultural chemicals, and as a soil conditioner.

Operations at the mine were fairly simple. Miners strip-mined the ore using conventional equipment and then processed (beneficiated) it in an on-site dry mill to remove waste rock and overburden. After beneficiation, workers trucked the processed ore down Rainey Creek Road to a screening plant, which separated the milled ore into five size ranges for use in various products. From there, shippers sent the material across the country, predominantly by rail, for either direct inclusion in products, or for expansion (also known as exfoliation). Heating the ore in a dry kiln to approximately 2000 degrees F boiled the water trapped in the crystalline matrix of the vermiculite and expanded the material by a factor of 10 to 15 fold.

In Libby, operations handling the beneficiated material occurred at four main locations: the Mine and Mill located on Rainey Creek Road; the Screening Plant and Railroad Loading Station located astride the Kootenai River at the intersection of Rainey Creek Road and Highway 37; the

Expansion/Export Plant located off Highway 37 where it crosses the Kootenai River; and an Expansion/Export Plant located at the end of Lincoln Road, near 5th Street.

In 1963, the W.R. Grace Company bought the Zonolite Company and continued operations in a similar fashion. Grace added a wet milling process to the operation in 1975, which operated in tandem with the dry mill, until the dry mill was taken offline in 1985. Expansion Plant operations ceased in Libby sometime prior to 1981, although workers still used this area to bag and export milled ore until mining operations were stopped in 1990.

1. The Agency's Recent Actions

On Monday, November 22, 1999, I made the decision to send to Libby an On Scene Coordinator from my Emergency Response Program, along with a team of scientists, toxicologists, and a physician from the Public Health Service (PHS) to investigate the situation. They arrived in Libby on November 23, 1999.

The initial investigation consisted of the following: a brief inspection of the former mine and processing facilities; interviews with local officials and some members of impacted families; an interview with a pulmonologist in Spokane, Washington who specializes in the treatment of asbestos related diseases; and the collection of a small set of environmental samples.

This investigation confirmed two things. First, there is a large number of current and historic cases of asbestos related diseases centered around Libby, Montana. The pulmonologist in Spokane was currently treating over 200 cases of asbestos related diseases among folks who had either lived in Libby or worked at the mine, and had provided care to dozens more who had already died. Most disturbing of this physician's cases were 33 incidents of apparently non- occupational exposures. Of these 33, six had no family or other ties to anyone working at the mine. The interviews conducted by the Team identified additional people who were either sick or had died from asbestos related diseases. The Team also obtained a number of court documents stemming from the large number of asbestos related lawsuits in Libby which provided background information about the Site.

The second thing our investigation confirmed was the high likelihood that significant amounts of asbestos contaminated vermiculite still remain in and around Libby. High concentrations of tremolite-actinolite asbestos remain in the ore body, tailings pile, and tailings pond at the former mine itself. In addition, visible piles of unexpanded vermiculite remain at the former screening plant/ railroad loading station, and the base material of Rainey Creek Road appears to contain tailings and sands from the mine. Residents stated that piles of expanded and unexpanded vermiculite used to sit at the former Expansion/Export Plant, next to two former youth baseball fields. They indicated that children regularly played in and around these piles, including the current Governor of Montana. Local residents commonly used both expanded and unexpanded vermiculite from waste piles around the mining operations in their yards and gardens as a soil conditioner, and the expanded vermiculite was used as wall and attic insulation in many homes. Descriptions of historic operations of the mine, mill, and processing centers indicate that large amounts of dust and other fugitive emissions were released into the environment when these operations were still running.

These findings led EPA to initiate a larger scale investigation with three overall goals:

1. Determine the current distribution of asbestos contamination in Libby.

2. More accurately determine (in conjunction with the Agency for Toxic Substance and Disease Registry (ATSDR), the Montana Departments of Environmental Quality (MDEQ) and Public Health and Human Services, and PHS) the extent of asbestos related health impacts in Libby.

3. Distinguish the effects from past asbestos exposures from any that might be on-going currently, or may occur in the future.

In December 1999 EPA collected samples of air and dust from inside 32 homes and 2 businesses around Libby, and collected samples from yards, gardens, insulation, and driveways at these same locations. In addition, air and soil samples were collected from the former screening plant and railroad loading station, as well as at the former expansion/export plant. Samples were also collected from along Rainey Creek Road. To date, EPA has collected over 600 samples. Seasonal sampling of ambient air around Libby and the former mine Site began in January, and will continue through this Fall.

In December, EPA contacted the ATSDR to begin planning a wide scale Community Medical Testing and Exposure Assessment. This effort will make chest x-rays, and where indicated, follow-up pulmonary evaluations available to residents and former residents of the Libby area, as well as to former mine workers and their families. This effort should help determine the full scope of the asbestos- related medical impacts in Libby and, in conjunction with the on-going environmental sampling, help distinguish between past and current sources of exposure. The medical testing is planned for start-up this Spring.

2. What We Know About Asbestos Related Health Effects in Libby

It is very apparent that the asbestos-related health effects associated with the vermiculite mining and processing operations in Libby have been significant. Although we will likely never be able to confirm the exact number of cases, it is probable that the number of cases and deaths reported in the media are in the right range. The vast majority, well over 80% of cases that EPA and PHS have reviewed, appear to be occupational in nature. The next largest group appears to be family members of those involved in the mining operations. Beyond the occupational and secondary exposures (em, exposure to workers' families), it is difficult to identify the sources for other asbestos-related diseases, and whether they still exist today. It is probable that people who played in the piles or lived near the former expansion/export plant when it was in operation are at greater risk, but this has not yet been confirmed by a rigorous investigation. EPA has not yet concluded whether or to what extent having this vermiculite in a home garden, in a yard, or as wall or attic insulation correlates to an increased incidence of asbestos related disease. It is these latter two questions which form the crux of the on-going investigations.

3. What We know About the State of the Environment In Libby Today

It is clear that, relative to the levels of asbestos contamination, conditions in Libby today are much better than when the mine was in business. The piles of vermiculite around the export/expansion plant are gone, air emissions from the mill and processing operations no longer exist, and ambient air conditions in Libby have greatly improved over the last decade. However, conditions that need to be investigated and remedied still exist in Libby. The results from the air samples collected by EPA in December indicate that unsafe levels of asbestos fibers still exist in some areas of the former screening plant/railroad loading station and the export/expansion plant.

EPA has already initiated discussions with W.R. Grace about conducting and/or paying for these clean-up actions. One of the 32 homes sampled in Libby also showed unsafe levels of tremolite-actinolite fibers. EPA is currently trying to determine the source of these fibers. EPA will then take steps to reduce these levels. We expect to have the results from the remainder of the samples collected in December by mid-March, and will announce our findings at that time. In summary, while it appears that conditions are better in Libby today than in the past, there are apparently existing local source areas that need to be eliminated. It is still an open question as to the significance of vermiculite in people's homes, yards, and gardens.

4. The Next Steps to Be Taken by the Federal Agencies Involved

The next big step to be undertaken in Libby is the implementation of the Community Medical Testing and Exposure Assessment that EPA and ATSDR will jointly conduct with assistance from the PHS. The outreach and education effort for this will begin in March 2000, with the actual medical evaluations scheduled to begin in April 2000. This is the key piece of the investigation to date, and it is urgent that the Federal Agencies involved see to its proper implementation. EPA and ATSDR have both committed to conduct this action under the above mentioned time-frames. If done successfully, this evaluation should also serve to help develop the local medical infrastructure in Libby, so that residents can receive proper diagnosis, treatment, and care locally.

EPA, along with MDEQ, will continue to conduct its sampling investigations in and around Libby, and will begin clean up actions at the two former processing centers this Spring. As more information is gathered and more data becomes available, EPA will announce and discuss its findings publicly and take action accordingly. It is EPA's intent to identify all areas where unacceptable exposure to tremolite-actinolite asbestos are occurring and remediate them. EPA plans to test an additional 75 to 100 homes starting in late February. Ambient air sampling will continue through next Fall. Investigations as to the present physical condition of the mine and area surrounding the mine will be started as soon as the snow melts this Spring.

5. Coordination of Local, State, and Federal Efforts

Given the critical nature of the situation in Libby today it is imperative that the efforts of all the agencies involved be well coordinated. I can and will take steps to ensure that the agencies work together in a coordinated manner.

EPA and MDEQ have conducted several briefings and interviews with officials from the City of Libby and Lincoln County. In addition, EPA, ATSDR, MDEQ, the Montana Department of Public Health and Human Services, and PHS have met extensively with the County Medical Officer, hospital officials, and local physicians to exchange information about the investigations. Local medical resources will be used to a great extent in conducting the Community Medical Screening and Exposure Assessment, and have participated in the development of this project.

EPA and the other agencies involved will continue to communicate with local officials and medical personnel as the investigations progress.

EPA and MDEQ have helped to facilitate the formation of a Community Advisor Group (CAG), a citizen based group designed to better transmit, receive, and evaluate the information collected during these investigations. The group will serve to act as a forum to discuss and debate publicly many of the controversial issues surrounding the investigations.

The MDEQ has been participating jointly with EPA in this investigation since it was begun last November. MDEQ personnel have been involved with the investigation design and implementation, and will participate with EPA when clean up actions begin. The Montana Department of Public Health and Human Services has been integrally involved in the collection of current medical information, and has participated.in the design of the Community Medical Testing and Exposure Assessment. This relationship will continue as this project evolves.

Coordination among the Federal Agencies involved is also paramount to the success of this project. The PHS has provided EPA a full-time physician to support our efforts, and has also provided other medical expertise. Because of the overlap in authorities, and to eliminate any duplication of efforts, ATSDR and EPA are jointly conducting their investigations in Libby when appropriate. To this end the two Agencies are now in the process of finalizing an Agreement on how the work will be conducted, and ensuring a sharing of information and resources. As a result, EPA has agreed to fully fund the Community Medical Testing and Exposure Assessment while relying on ATSDR's expertise in its design and implementation. In addition, the agencies have agreed to coordinate their enforcement and cost recovery actions concerning W.R. Grace.

This concludes my testimony on the matter today. I want to assure you that I have personally charged my On Scene Coordinator with the directions discussed above, and he and I will stand fully accountable for the success of their implementation. Thank you for your time and consideration.