Montana Department of Environmental Quality About Us Permitting & Operator Assistance Public Participation

Federal Superfund | CFAC Consent Decree | Columbia Falls | Comment Period Ends August 10, 2026

  • July 09 2026

Public Notice for the lodging of the proposed Anaconda Aluminum Company Columbia Falls Reduction Plant National Priorities List Site (also known as the Columbia Falls Aluminum Company, or CFAC) Consent Decree.

On July 2, 2026, the United States Department of Justice (U.S. DOJ) lodged a proposed Consent Decree with the United States District Court for the District of Montana in the lawsuit entitled United States and State of Montana v. Columbia Falls Aluminum Company, LLC, Civil Action No. 9:26-cv-00099-KLD.

The Consent Decree would resolve the United States’ and State of Montana’s claims against the Columbia Falls Aluminum Company, LLC (CFAC) under Section 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9607(a), and the Montana Comprehensive Environmental Cleanup and Responsibility Act, §§ 75-10-701, et seq., for the recovery of costs related to the release of hazardous substances at the Anaconda Aluminum Company Columbia Falls Reduction Plant National Priorities List Site (also known as the Columbia Falls Aluminum Company, or CFAC) (the “Site”) in Flathead County, Montana. The Consent Decree would require CFAC to reimburse the U.S. Environmental Protection Agency (EPA) for $1,800,000 in past response costs, as well as agree to pay future response costs that have will be incurred in responding to contamination at the Site. CFAC also agrees to reimburse any independent State future response costs incurred by the Montana Department of Environmental Quality (DEQ).  Finally, CFAC will complete all cleanup actions required under the Records of Decision issued by EPA for the Site. 

The estimated cost of the work required of CFAC under the Consent Decree is $57,634,528. This includes future long-term operation and maintenance activities to assure the protectiveness of the Site remedies. CFAC will provide financial assurance to cover these estimated costs.

The 30-day public comment period starts July 10, 2026, and ends August 10, 2026. Written comments must be received by 11:59 p.m., August 10, 2026. Public comments may be submitted to: DEQFSCB@mt.gov or mailed to Attn: Federal Superfund Public Comment, MT DEQ/WMRD P.O. Box 200901, Helena, MT 59620. DEQ will hold a public meeting upon written request to DEQ by 10 or more persons, a group of 10 or more persons (but not including a liable person) or the governing body of Flathead County or Columbia Falls.

For thirty (30) days following the date of publication of this document, the DEQ will receive written comments relating to the agreement. The DEQ will consider all comments received and may modify or withdraw its consent to the agreement if comments received disclose facts or considerations that indicate that the agreement is inappropriate, improper, or inadequate.

The Consent Decree and other information related to the CFAC Site are posted on the U.S. DOJ website.  

Concurrently, the EPA and the U.S. DOJ are publishing notice of lodging of the proposed Consent Decree in the Federal Register.

Associated Material:

 Comment Period Ends: August 10, 2026

 Send/Submit Comments to:

DEQ
Attn: Federal Superfund Comment
PO BOX 200901
Helena, MT 59620

Or electronically to: DEQFSB@mt.gov

Accommodation statement: 

DEQ will make reasonable accommodations for persons with disabilities who wish to participate in this public participation process or need an alternative accessible format of this notice. If you require an accommodation, contact the department no later than 5:00 P.M. on July 31, 2026, to advise us of the nature of the accommodation that you need. Please contact the Department of Environmental Quality at P.O. Box 200901, Helena, Montana 59620-0901; phone (406)444-6469; or e-mail Nolan.Lister@mt.gov.


Tags: Cleanup and Public Comment