U.S. Minerals, Inc., Negligent Release of Inorganic Arsenic, Montana 2022

Anaconda, MT – U.S. Minerals, Inc. has been sentenced to five years of probation and ordered to pay $393,200 in fines after admitting to negligently releasing hazardous levels of inorganic arsenic into the air, exposing its employees to serious health risks. The company manufactured silicate abrasive, utilizing raw materials sourced from a waste copper slag pile within the already contaminated Anaconda Superfund site. The case, prosecuted under the Clean Air Act, highlights ongoing concerns about industrial pollution and worker safety in Montana.

Between July 2015 and February 2019, the processing of slag at the U.S. Minerals facility generated significant dust, releasing inorganic arsenic – a known carcinogen – into the atmosphere. Investigators found the company failed to adequately control the emissions, leading to prolonged exposure for its workforce. Exposure to arsenic is linked to a range of severe health problems, including lung and skin diseases, cardiovascular issues, and an increased risk of various cancers.

The Environmental Protection Agency’s (EPA) investigation was spurred by prior findings from both the National Institute for Occupational Safety and Health (NIOSH) and the Occupational Safety and Health Administration (OSHA). In 2015, OSHA issued $106,800 in penalties following inspections that revealed numerous health and safety violations. Further alarm was raised in 2018 when the Montana Department of Public Health and Human Services identified health issues among U.S. Minerals employees, confirming “apparent inhalation hazards” from the dust. Despite a subsequent inspection and a temporary shutdown in February 2019, arsenic and lead levels remained dangerously high when operations resumed in March of that same year.

The plea agreement reached with federal prosecutors mandated the maximum probationary term and financial penalties. The $393,200 criminal fine is in addition to the previously levied $106,800 in civil penalties from OSHA, bringing the total financial burden on U.S. Minerals to $500,000. The Anaconda plant has since ceased operations in June of 2022.

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Legal Ramifications

U.S. Minerals violated 42 U.S.C. 7413(c)(4) of the Clean Air Act, specifically regarding the negligent release of hazardous air pollutants. The company’s actions demonstrate a disregard for both environmental regulations and the well-being of its employees. The sentence serves as a warning to other industries operating near Superfund sites to prioritize safety and compliance.

Key Facts

Defendant: U.S. Minerals, Inc.
Location: Anaconda, Montana
Crime: Negligent release of inorganic arsenic, violating the Clean Air Act.
Years of Violation: July 2015 – February 2019
Penalties: $393,200 criminal fine + $106,800 OSHA civil penalties (Total: $500,000)
Remedial Actions: Five-year probation, medical monitoring for affected employees, nationwide environmental health and safety plan for all five U.S. Minerals plants (IL, WI, KS, TX, LA).

The EPA’s enforcement action underscores the agency’s commitment to holding companies accountable for environmental crimes that endanger public health. While the Anaconda plant is now closed, U.S. Minerals is required to implement a comprehensive environmental health and safety plan across its remaining facilities in Illinois, Wisconsin, Kansas, Texas, and Louisiana, aiming to prevent similar incidents in the future. GrimyTimes will continue to follow this case and report on any further developments.

Source: EPA ECHO Enforcement Case Database

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