1.       Meeting began at approximately 7:05pm

2.       Introductions

3.       Meeting minutes to be reviewed:

a.       Meeting minutes from the February 12^th, 2008 regular board meeting were reviewed.

                          i.      Phillip Erquiaga made the motion to accept the meeting minutes as written. JoElyn Brus second the motion. Motion unanimously passed.

 

4.       Treasurer’s report – JoElyn Brus

a.       Reimbursement #52 is still pending receipt from EPA.

b.       Current grant balance reported is $36,307.10

5.       Old Business (review of old action items).

a.       Reports and invoices from the technical advisor are still outstanding.

b.       Web site update – Helen Andries - Communications Chairperson reported (through Mike Noble) that submission of the new website contract was declined.

                           i.      Discussion followed regarding the priority of LATAG’s website to be released and the options available. D.C. Orr (guest) commented that he was frustrated with the lack of information being released from LATAG and he felt that LATAG wasn’t doing what needs to be done. Gordon Sullivan (guest) commented that releasing a website involves a lot of technical information including information outside of Libby; information from EPA to the community needs to be available to the public. Gordon also commented that it is a conduit of information from EPA to LATAG that this is not happening or never has happened. There is no technical discussion happening in Libby.

 

                         ii.      Phillip responded that many different levels of information can be made available to the public. It was recommended to use Phillip’s own website to release LATAG information, this was declined. D.C. commented that he doesn’t want to see this discussion years from now. Mike Noble reminded him that he learned of the declined contract this afternoon (March 11^th, 2008). Phillip commented that he would look at it (ACTION ITEM).

c.       Summary report for ABS first round finding will be presented at the next regular LATAG meeting April 8^th, 2008.

d.       ERS Report will be presented at the May LATAG meeting.

 

6.       EPA Report (work in progress)

a.       Ted Linnert made the announcement from the Department of Justice that W.R. Grace has agreed to pay $250 million to the EPA regarding the costs of the Libby Asbestos Site Superfund (see attached).  This is a settlement in a civil suit which does not include the mine site. The settlement will take away any W.R. Grace liability.

                           i.      The settlement also includes O&M costs of $11 million into a separate account and would not be needed until 2017. At that time, it is expected that $30 million would be available (interest bearing account).

                         ii.      Discussion followed regarding the press release, the following is a dialog regarding this discussion:

Gordon Sullivan: How was it determined if this would be enough funds?

Ted Linnert: Response - It is unknown if this will be enough funds.

Phillip Erquiaga: Will there be adequate funds with the 11 acres by the river, the recent school contamination that was found and the resolved carpet in homes?

Catherine LeCours: Response – There is no ROD yet and seed money will be negotiated at the time of the ROD. These calculations will be included in the state negotiations at the time of the ROD. The state will push for more clean up.

Phillip: $30 million will not be adequate for the O&M, 20 years “down the line” something will come up.

Catherine: We (the state) has some issues but without the ROD there is an unknown dollar amount needed.

Gordon: Are the terms of the negotiations available [regarding State of Montana and W.R. Grace]?

Catherine: Not at this time, there has been no federal registry filing yet.

Mike Cirian: There will be a 30-day comment period with terms filed when the federal registry is filed.

Ted: How are the terms of the settlement accessed?

Response: It is unknown but probably off the web.

Catherine: It needs to be filed with the federal registry before the settlement terms will become available.

LeRoy Thom: Who negotiated with DOJ for EPA?

Response: Region 8

Bob Medler: There will be a 30 day comment period after court approval.

Bob: This settlement does not cover the criminal case or the mine site.

Ted: DOJ may be contacted by the telephone number at the top of the press release, information is available at the EPA Info Center, or contact Andrew Ames at his email: andrew.ames@doj.gov.

Bob: The state has a separate claim with W.R. Grace for their portion of the clean up.

JoElyn Brus: The press release states they are recovering past and future expenses.

Ted: Approximately $163 million has been spent so far on the cleanup, there will be $11 million set aside for O&M, this leaves $76 million remaining for the clean up. Details of money allocation will be provided in the statement terms.

Gordon: EPA will be first “in line” for their reimbursement.

Bob: Again, this will be in the terms of the settlement. There will be a lot of attention focused on this situation.

Kathryn Hernandez: EPA will push hard to keep the money in Libby for the Superfund clean up.

Catherine: The 30 day comment period is a critical time for the people of Libby – this is a great opportunity to voice your opinion.

Gordon: This is a high priority.

Phillip: We have to deal with this $250 as a total not $163 million from EPA; interest should pay the O&M for the clean up.

Bob: This money is earmarked for Libby Superfund.

Carol Holoboff: LATAG is here to help the public understand EPA and their actions; this is a great opportunity for LATAG to provide some answers. LATAG should have a meeting to facilitate this (ACTION ITEM).

Gordon: Recommends extending the 30 day public comment period. He will send in a recommendation for a 90+ day comment period.

Kathryn: The sooner the settlement is finalized the better it will be for Libby.

Gordon: Discussion followed regarding the financial obligation of the superfund cleanup between EPA, W.R. Grace, public homeowners and O&M.

Alvin: If homeowners are trying to get a “fight going” between DOJ and EPA regarding the financial responsibility of private properties this won’t work.

Catherine: It will be a challenge to LATAG to get comments to DOJ within 30 days.

Alvin: Where is the money to go?

LeRoy: The $163 million needs to stay in Libby.

Gordon: Terms of the settlement are needed to understand the agreement, especially for O&M activities.

Catherine: It is not the intent of the state to burden property owners with O&M costs. Remedial actions needs to be defined separately from O&M activities.

Gordon: “Intent” is not good enough . . . discussion followed regarding maintenance of homes versus O&M versus renovations of homes.

D.C. Orr: Publication of this news needs to be in newspapers to make people aware of the impact.

Alvin: Recommends having LeRoy Thom and Ted Linnert be interviewed by the radio station.

Gordon: LATAG needs to let the community know about this settlement.

Phillip: Recommends continued research and have a meeting in two weeks.

Gordon: Recommends weekly information sessions, CAG (Thursday’s meeting won’t meet until too late), recommends LATAG advise and education the community, Gordon will volunteer for this work.

Catherine: The State of Montana will not be involved but they will participate.

Phil: The state could provide comment.

Catherine: The state will not provide comment but they will attend if invited. The $11 million will be for O&M after the ROD is in place. They need to help define what is remedial versus O&M activities. This is not a locked in amount, but an amount to be negotiated at the time of the ROD.

 

EPA tabled the remainder of their report due to time constraints.

 

b.       ERS Position – Mike Cirian

                           i.      No report.

c.       DEQ (Troy Area) – Catherine LeCours

                           i.      No report.

7.       Technical Advisor Report – Dr. Gerry Henningsen

a.       No report

 

8.       Sub-Committee Reports

a.       Communications – Helen Andries (chairperson)

                           i.      Mike Noble reported for Helen. Helen would like to step down as Communications Chairperson and recommended Phillip Erquiaga as Communications Chairperson, Phillip accepted.

b.       Health/Safely Committee - _______________ (open chairperson)

                           i.      Abe Troyer (former Health/Safety Chairperson) reported (through Mike Noble) that he would be unable to attend the next six months of meetings. He wants to stay in communication with the group and their activities. It was recommended that Alvin Benitz take on the chairperson position, Alvin accepted with Nancy Hogan joining the committee and co-chair.

c.       Nomination – Helen Andries (chairperson)

                           i.      No Report

d.       O&M – Mike Noble/LeRoy Thom (co-chairpersons)

                           i.      No Report – no attendance from LATAG at the last meeting.

e.       Technical Advisory – Dr. Brad Black (chairperson)

                           i.      Dr. Black has not heard from Denver regarding the toxicology report with Linda Birnbaum. A summary report was to be generated

                         ii.      Epidemiological work is being done regarding the database in development. It will take a good part of this year to compile then data sets need to be generated. Proposed studies will be determined after the data sets are generated.

                        iii.      Completing toxicology studies is difficult due to dosing of the fibers.

9.       Special Presentation – Tanis Hernandez, CARD Clinic – “Voices of Libby” Survey

a.       Dr. Rebecca Cline in 2003 conducted a study in the Libby area. She is conducting another study “Voices of Libby” which is a random sample survey assessment. The survey was sent to homes within the zip code of 59923, 1,200 were sent out, with approximately 100 returned as undeliverable. Of the 1,100 sent out 100 were from CARD patients.

                           i.            Currently 47% response rate from the community

                         ii.            77% response rate from CARD patients.

                        iii.            Survey is 22 pages which takes over one hour to complete.

                       iv.            Incentives are provided at week one, two, three and week four. These incentives range from $40 to $100 Rosauers gift cards.

                         v.            The research project funded all expenses and incentives.

1.Gordon asked now many people total in the community have been involved with ATSDR (original screening), CARD and/or diagnosed with ARD. Response: This total number is unavailable, but Dr. Cline will follow up with her report regarding the quantity of people contacted (probably including percentages), her goal is to find the needs of the community regarding education of health care for ARD.

10.   New Business:

a.       Next Tuesday, March 18^th, FVCC 7:00 Public meeting

                           i.      Need information to announce this meeting in Friday’s paper.

                         ii.      Gordon Sullivan plans on contacting DOJ requesting 90 days comment period extension.

                        iii.      Information to be announced on the cable channel.

                       iv.      Catherine LeCours asked what is needed from DEQ.

                         v.      Ted Linnert offered to provide advertising for the Western News.

b.       LeRoy Thom announced Region 8 National Summit Meeting. There is a deadline of March 12^th for the September event for any presentations from Libby. The meeting will be held in Butte. This needs to be mentioned at the CAG meeting.

                           i.      Catherine mentioned that it is a “big deal” to get the meeting moved to Butte.

                         ii.      LeRoy would like to see the community participate with panel speakers on health, education, psychosocial and community perceptions of the Libby situation.

1.      It was mentioned this can be done through CAG, but they need to know the attendance and time slot for presenting. Paul Lammers offered to volunteer to help with the panel.

c.       EPA follow-up:

                           i.      ABS reports for the third round on 46 properties are done and 36 properties are still to be finished.

                         ii.      ABS fourth round (indoor) begin on April 10^th, 2008.

                        iii.      ABS second round (outdoor) begin April 10^th, 2008.

                       iv.      Construction will begin April 7^th, 2008.

d.       Gordon Sullivan asked for a status on the golf course, Mike Cirian responded that it was in “limbo”. The design work hasn’t stopped, but when financing will be available is unknown. Once financing is available work will begin. Without money there is no status.

e.       Phillip Erquiaga asked for a status on the creek cleanup – Mike Cirian responded that “tomorrow a visit is scheduled for determining some creek cleanup status. Some creeks (Callahan) etc. need more testing.

 

11.   Review and agreement on action items

a.       See attached (no time allowed to review these during the meeting).

12.   Next Regularly Scheduled LATAG meeting April 8^th, 2008.

 

13.   Adjourned

 

Meeting adjourned at approximately 9:05pm.