Libby Area Technical Assistance Group, Inc.
PO Box 53, Libby, MT 59923
November 11th, 2008 Regular Board Meeting Minutes
(Note: bold items within paragraphs are motions made and voted on as well as action items agreed upon.)
Board Member Attendees:
Mike Noble
JoElyn Brus
Eileen Carney
LeRoy Thom
Dr. Brad Black
Nancy Hogan
Phillip Erquiaga
Abe Troyer
Contractor Attendees:
Cheryl Fox
Guest Attendees:
Dee Warren
Kathryn Hernandez
Kathleen Atencio
Catherine LeCours
Chris Weis
Mike Cirian
Ted Linnert
D.C. Orr
Gordon Sullivan
Paul Lammers
Meeting began at approximately 7:05pm
Introductions:
1) Meeting minutes/documents for review and approval:
a) October 7th, 2008 Regular meeting minutes were reviewed. Nancy Hogan made the motion to accept the minutes as written, JoElyn Brus second the motion, motion unanimously passed.
b) Q1 2008 report was reviewed. JoElyn Brus made the motion to accept the quarterly report as written, Eileen Carney second the motion, motion unanimously passed.
c) Q2 2008 report was reviewed. Nancy Hogan made the motion to accept the quarterly report as written, JoElyn Brus second the motion, motion unanimously passed.
d) The Technical Advisor’s contract was reviewed. JoElyn Brus made the motion to accept the contract as written and forward to Dr. Terry Spear for his review. Nancy Hogan second the motion, motion unanimously passed.
i) Dr. Brad Black made the comment to wait until Terry has had an opportunity to review the contract before it is forwarded to EPA Region 8 for their review.
e) The Grant Administrator’s contract was reviewed. JoElyn Brus made the motion to accept the contract as written for six months and forward to EPA Region 8 for their review. LeRoy Thom second the motion, motion unanimously passed.
i) JoElyn Brus commented that it was not appropriate that the LATAG made a motion to deny the GA’s resignation letter at the last LATAG meeting.
2) Treasurer’s Report:
a) The Treasurer reported a current balance of $31,340.75
b) Reimbursement #60 in the amount of $654.01 is pending payment
3) Old Business:
a) Q3 2008 report needs to be completed and forwarded to LATAG Board for their review (ACTION ITEM).
b) November newsletter will be drafted for LATAG Board review by Phillip Erquiaga (ACTION ITEM).
c) Previous TA documents reviewed listing needs to be returned by Dr. Black to the Grant Administrator for public request. If the list is not available, it needs to be recreated. (ACTION ITEM).
d) Nominations for the Vice President position was asked – no nominations.
4) EPA Report – Kathy Atencio
a) It was reported that the Libby OU4 ambient air study results will soon be available.
b) Activity base sampling study results will be available early 2009.
c) OU1 is current in draft with RA/RI completed.
d) The golf course is scheduled for 2009 clean-up and design work.
e) Dr. Black asked for an update on the toxicology studies. Kathy responded that the scientists presented their studies in September and offered to have the presentation repeated. Dr. Black commented that there are continued dosing issues and issues with comparative studies. Phillip Erquiaga requested an update as well. Kathy replied she would get it (ACTION ITEM).
f) Dr. Black commented that the epidemiology studies are unclear as to where they were going and clarity is required regarding the toxicology assessment with the epidemiology studies. Kathy responded that Wendy would be willing to come to Libby and talk about these issues.
g) Dr. Black commented that the health risk assessment, i.e. health affects data would be available regarding exposure characterization. He commented that low level exposures, non-cancer end points are not being done, leaving out the Libby health studies entirely. Chris Weis replied that these studies are not being left out but they are working with the University of Cincinnati, and they do have low dose exposures. This was created very carefully from low exposures with workers. They are taking the Marysville data set and using quantitatively analysis to capture non-lethal information. Dr. Black commented that a wealth of data is available and it needs to be included in the studies. This data includes PFT’s and radiological studies and not just mortality studies. Chris replied that they are looking at more than must mortality data. Dr. Black responded that the Marysville study is just a piece of the study and it is not as important as other information available. Worker studies is not a good data set for low level exposures, worker exposures are not accurate for quantative low level exposure studies. Chris responded that EPA wants to see all the data; they don’t want to leave anything out. The RA process will continue going on if old RA studies are “broken” we [EPA] will change it with the new data. Dr. Black commented that he is not seeing the Libby health studies in the RA.
h) OU1: Former Export Plant Update – Kathryn Hernandez
i) The clean up of OU1 is a qualitative “clean” not quantative. EPA is complimenting the City of Libby during the construction phase of work progressing in this area and they are working together. Chris Weis reported this process is mandated by the clean-up to get OU1 cleaned. It was reported that EPA knows what the RA says, and they know Libby amphibole is buried there, they don’t know where, but they know it is bad. The history of exposures with epidemiology studies justifies the clean-up of this small area. EPA can’t apply a simple remedy to other sites as they can for OU1.
(1) EPA will provide a fixed cap at a fixed depth for the city owned property. The city will maintain the cap.
(2) With a qualitative clean there is no ROD required. Kathryn reported that is needed as part of the remedial process.
(a) Gordon Sullivan commented that the city wants to use the property and this cleanup is rushed. The Stimson property will be rushed into a ROD for economic purposes and that the OU1 clean up will be a template for other operating units. This is being driven by the City of Libby for public use. Mike Cirian commented that it is templated not by a ROD but by I.C.’s
(b) Kathryn commented that to eliminate all pathways of exposure at OU1 is not financially feasible. D.C. Orr commented that EPA is pushing a ROD and they are going to do the same with the Stimson property. Gordon replied that EPA is setting precedence for future actions. Kathryn replied that 17 acres versus 4 acres is financial feasible to provide a cap and maintain it. EPA can’t define where the fiber is, and with the low level exposures it complicates cleaning this area.
(i) Dr. Black inquired if visible vermiculite is still a trigger to clean up. Mike Cirian responded that EPA doesn’t need another “trigger” for cleanup. If vermiculites is less than 1% and considering this area isn’t defined as a “specific use area”, and with a definition of less than 1% visible there is no mandated to clean up. It will be five more years before EPA addresses visible vermiculite clean up areas. Gordon Sullivan commented that the public is not getting accountable information from EPA, that we need good solid documentation from EPA on this site.
(ii) Kathryn commented that there will be a public comment period for OU1 and recommends getting the public involved.
(iii) At this time, JoElyn Brus made the motion for LATAG to generate a letter to EPA regarding their concerns with EPA.
(c) At this time, EPA conducted the presentation for OU1 (see attached presentation).
(i) Kathryn reported that OU1 will be cleaned according to the RA as qualitative not quantative using a simple solution like capping the property. The proposed plan will involve a public comment period and it will be ready February 2009. Comments will be memorialized in the ROD. Implementation and remedial action construction will be detailed and maintained through city ordinances.
(ii) Chris Weis summarized the action plan as OU1 being opposed to quantative due to time constraints and insufficient data allowing other alternatives. Activity base sampling (including the Search/Rescue building) was done and it is available to the public (there were fiber exposure “hits” in this area). Gordon Sullivan commented that the general public is not informed and they are not educated enough to take advantage of the public comment period. He commented that LATAG should inform the community. Phillip Erquiaga asked where the proposed plan was for review.
1. It was responded that at the O&M meetings these discussions were followed. The city planner, city streets, county sanitation and EPA employees attend the meetings but very rarely does the community sit on these meetings. These meetings are conducted in the mornings where most individuals have employment obligations.
2. It was commented that the administration of records used to support the ROD are all accessible to the public. Mike Cirian commented that LATAG has an O&M rotation which should be taken advantage of every month. Libby is lucky to have O&M involved this early in the process. It was asked if the O&M meeting was held in the evening if there would be more public attendance. Gordon Sullivan commented that more communications needs to go to the public to get their involvement.
3. Kathryn commented that the O&M proposed plan was distributed a few weeks ago.
i) EPA Announcements: They have hired a team leader Victor Ketellapper who might begin as soon as early December 2008. Rus LeCleare will be the Unit Chief.
5) Technical Advisor Status
a) (See below)
6) DEQ Report – Catherine LeCours
a) No Report
7) Sub-Committee Report
a) Communications Committee – Phillip Erquiaga (chairperson)
i) Q1, Q2 and Q3 report has been completed regarding the Environmental Results. Q1 and Q2 reports needs to be forwarded to EPA (ACTION ITEM).
ii) November newsletter is forthcoming.
iii) Quarterly reports need to be email to Phillip for web posting (ACTION ITEM).
b) Health/Safety Committee – on hold
c) Nominations Committee – _______________ (open chairperson) – on hold
d) O&M Attendance – Mike Noble/Leroy Thom (co-chairs)
i) No Report
e) Technical Advisor Committee – Dr. Brad Black (chairperson)
i) The committee is moving forward with a contract with Terry Spear as the Technical Advisor.
ii) Dr. Black will be presenting information at the next LATAG meeting regarding low level exposure information (ACTION ITEM).
iii) Gordon Sullivan requested a copy of documents that Dr. Gerry Henningsen has reviewed (ACTION ITEM).
8) New Business
a) Mike Noble announced that the central school system has offered LATAG the use of their boardroom for the regularly scheduled monthly meetings.
b) Gordon Sullivan wants more public comment period for OU1.
c) Helen Dodson (T.A. Unit Chief) is overseeing the toxicology studies.
REMINDER: - MOTION IS ON THE TABLE (refer to paragraph 4), h), (2), (b), (iii)
JoElyn Brus [has] made the motion for LATAG to generate a letter to EPA regarding LATAG’s concerns . . . specifically regarding toxicology studies for the baseline RA involving OU1, Phillip Erquiaga second the motion, motion unanimously passed.
9) Next Regularly Scheduled LATAG meeting December 9th, 2008.
10) Adjourn
a) JoElyn Brus made the motion to adjourn, Nancy Hogan second the motion. Motion unanimously passed.