Contractor Attendees:

Cheryl Fox

Guest Attendees:

 

NO QUORUM FOR THE FIRST 40 MINUTES OF THE MEETING

 

Meeting began at approximately 7:00pm

Introductions:

1)      Treasurer’s Report:

a)      The Treasurer reported a current balance of $30,686.74

b)      Reimbursement #61 in the amount of $932.80 is pending payment

2)      Discussion followed regarding:

a)      Technical Advisor resolution – Gordon Sullivan requested to be copied on all emails between LATAG and EPA regarding the decision/issues for hiring Terry Spear as the Technical Advisor. Gordon feels EPA is “hamstring” LATAG in getting a technical advisor signed contract. Phillip Erquiaga commented that EPA is working as hard as possible to get approval.

i)        Continued discussion regarding past technical advisor activities, EPA’s review of Terry Spear’s activities, and the general dissatisfaction with EPA and the TA approval process.

b)      Newsletter – it was discussed that a regular newsletter from LATAG to the public is of high priority and should be done without a technical advisor input. Sufficient information exists to publish a newsletter (ACTION ITEM).

c)      OU1 “ROD” releasing the draft plan in February of 2009. Dr. Black is drafting a letter to Helen Dawson regarding the risk assessment.

i)        D.C. Orr commented that no qualitative ROD only a quantative risk assessment, with Gordon’s comment that the community should respond with a “NO” not with a “why”. Toxicology and dosage response needs to be addressed; the community needs to be adequately protected.

ii)       Ted Linnert commented that the risk assessment for OU4 is more important utilizing a qualitative RA for OU1 is acceptable. This needs to be better explained to the public.

iii)     Gordon commented that OU1 material buried at depth with institutional controls utilizing a cap on material that is less than 1% will not work.

 

8:40 LeRoy Thom joined the meeting making a quorum.

d)      Ongoing discussion with Gordon and Ted regarding OU1 continued while additional board members continued other discussions.

e)      Institutional controls for OU1 will set a precedence for OU1 (per Gordon).

f)       Mel Parker commented that with OU1 moving forward with no technical advisor to review the documents, it was asked if LATAG would support EPA or not. Response: Mike Noble responded that LATAG needs to see the document to provide public comment, county commissioners for their comments and CAG comments before he can make the decision to support EPA.

i)        Gordon commented that LATAG needs to educate the public regarding EPA’s plans for OU1.

ii)       Lerah Parker commented that more education is needed to understand quantitative vs. qualitative solutions. Her concerns is if this is the same material that is causing death in the community, how can EPA resolve the clean up using different methods? Nothing is being done to move forward to educate the public.

g)      No EPA representative was available to comment on the above issues.

i)        D.C. commented that the OU1 cleanup does not involve visible vermiculite as a trigger. EPA’s resolution to leave vermiculite at 18” of depth leaving the contamination in place for the city to “deal” with it. The governor needs to understand the O&M implications to this decision because the state of Montana will be the responsible party. EPA is currently in a containment mode vs. clean up mode.

ii)       Gordon commented that the community will be faced with institutional controls for a containment that EPA left behind.

iii)     D.C. commented that Paul Peronard in the year 2000 did not want containments or caps on the vermiculite due to institutional controls.

3)      Nominations for:

a)      Vice-Chairperson – LeRoy Thom was nominated.

b)      Treasurer – Previously JoElyn Brus was nominated.

c)      Ad-Hoc – previously Nancy Hogan was nominated.

 

4)      Mike Noble closed the meeting with a motion:

a)      Nancy Hogan motion to close the meeting, JoElyn Brus second the motion, motion unanimously passed.

 

The Regular scheduled LATAG meeting was opened.

1)      Meeting minutes/documents for review:

a)      Meeting minutes from the November 11^th, 2008 meeting were reviewed. JoElyn Brus made the motion to accept the meeting minutes as written, Phillip Erquiaga second the motion, motion unanimously passed.

i)        It was discussed that meeting “minutes” taken at a meeting without a quorum would be considered notes with action items (if applicable).

b)      Q3 Report was reviewed. JoElyn Brus made the motion to accept the quarterly report as written, Phillip Erquiaga second the motion, motion unanimously passed.

2)      Old Business:

a)      Newsletters needs to be completed even without technical advisor input (ACTION ITEM).

b)      LATAG letter to EPA regarding studies (ACTION ITEM).

c)      Previous TA documents listing to Gordon (completed).

d)      Dr. Black presentation on low level exposures moved to March (ACTION ITEM).

i)        “Someone” from “out east” to be in attendance with EPA Regional Administration or Carol Rushin. Dr. Black and Victor to possibly combine with CAG/LATAG meeting.

ii)      Phillip Erquiaga made the motion to schedule Victor at the Little Theater with LATAG cosponsoring the meeting with CAG. The meeting is to be held on February 3^rd at 7:00pm. JoElyn Brus second the motion, motion unanimously passed.

e)      Update on toxicology studies from Kathie Atencio, moved to Victor, grant administrator to contact Victor to define “soon” (ACTION ITEM).

 

3)      EPA Report – Ted Linnert

a)      The greenhouse at the high school will involve a cleanup.

b)      ERS has two clean up to be completed; the design work will be for next season.

4)      W.R. Grace Report – Bob Marriam

a)      No Report

5)      DEQ Report – Katherine LeCours

a)      No Report

 

6)      Gordon Sullivan – Community Member

a)      Gordon distributed a letter from Susan Parker Bodine, Assistant Administrator with EPA addressed to Mr. Bill Patton of the CAG.

b)      Gordon discussed EPA’s response to the Libby declaration for a health emergency and the continued need for medical care and financial resources needed by the community for medical care. Gordon spoke about EPA’s continuous rhetoric in 2003 and 2004 regarding written concerns to EPA without any response. Gordon spoke about the need to start searching where to go to protect our rights as a community. Gordon would like to approach community members to file a formal complaint with EPA and he requests as many signatures on the complaint as possible. Gordon spoke about the Libby clean up site was never about containment and the management of hazardous materials without any toxicology understanding. He felt the first issue of concern is a complaint regarding EPA’s move toward containment, the second issue regarding no risk assessment and what it means to the community. Issues need to be addressed surrounding the unknown toxicity of the material and the reoccurring request from community members for a declaration of a health emergency. Gordon would like to put together a group to compose a letter for the Inspector General to investigate EPA on these concerns. He reported that he has sent Senator Baucus and Tester a letter requiring the Inspector General (not EPA) to investigate these concerns. We [the community] need to find financial resources to hire legal assistance to defend ourselves against EPA. Gordon asked for LATAG’s support in these efforts. Mike Noble asked when Gordon expects LATAG’s response? Gordon responded that he is reaching out to the community and he will deliver to LATAG EPA documents from 1980 through 1992 regarding the Libby clean up. Mike Noble responded that LATAG needed to see the document/letter generated before he can speak about LATAG’s support.

7)      Nominations for:

a)      Vice-Chairperson – LeRoy Thom was nominated.

b)      Treasurer – no additional nominations.

c)      Ad-Hoc – no additional nominations.

8)      Voting on the following positions:

a)      Vice-Chair vote – unanimous vote in favor of LeRoy Thom.

b)      Treasure vote – unanimous vote in favor of JoElyn Brus

c)      Ad-Hoc – unanimous vote in favor of Nancy Hogan

9)      Technical Advisor Status

a)      No Report – no status from EPA, Region 8

10)   DEQ Report – Catherine LeCours

a)      No Report

 

11)   Sub-Committee Report(s)

a)      Communications Committee – Phillip Erquiaga (chairperson)

i)        No Report

b)      Health/Safety Committee – on hold

i)        No Report

c)      Nominations Committee – _______________ (open chairperson) – on hold

i)        No Report

d)      O&M Attendance – Mike Noble/Leroy Thom (co-chairs)

i)        No Report

e)      Technical Advisor Committee – Dr. Brad Black (chairperson)

i)        No Report

 

12)   New Business

a)      An EBoard meeting has been scheduled for Friday, January 9^th 2009 at 8:00am at the school administrative offices.

b)      Phillip Erquiaga requested the Grant Administrator review documents posted on the web and provide additional meeting minutes and quarterly reports for posting (ACTION ITEM).

 

13)   Next Regularly Scheduled LATAG meeting February 10^th, 2009.

 

14)   Adjourn

a)      JoElyn Brus made the motion to adjourn, LeRoy Thom second the motion. Motion unanimously passed.

Meeting adjourned at approximately 9:05pm.