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Libby Community Advisory Group
Meeting Summary
November 13, 2003
| EPA Libby Home |
Introductions
Gerald Mueller and members of the Libby Community Advisory Group (CAG) introduced themselves. A list of the members and visitors in attendance is attached below as Appendix 1.
Agenda
The CAG agreed to the following agenda for this meeting:
- October 9 Meeting Summary Correction
- EPA Report
- CHC Information
- HNA Letter
- Rural Health Outreach Grant
- Colleen Lux
- Attorney General Letter
- Public Comment
October 9 Meeting Summary Correction
Laura Sedler reported via email an error in the October 9th CAG minutes in the Community Health Center report at the bottom of pg. #3. “People with incomes at or below 200% of federal poverty guidelines are charged only $5 per visit” is incorrect and should read: “people at below 100% of federal poverty guidelines...” She clarified further that those whose income falls between 100% and 200% of federal poverty guidelines are charged according to a sliding scale of fees, with lower income folks paying less than those with higher incomes. Over 200% of poverty pays full charges.
EPA Report
Jim Christiansen reported on the following topics on behalf of EPA.
Residential Cleanups - 172 residential cleanups have been completed, and 8 are underway. 200 should be finished by the end of the year.
Boat Ramp Cleanup - The cleanup is almost finished. The total cost will be $250-300 thousand. This amount had to be diverted from the residential cleanups.
EPA Libby Budget - For fiscal year 2003, Jim Christiansen requested a total of $21 million for cleanup work in Libby and Troy and at the mine. Because he received only $17 million, including $800 thousand from Region 8, he allocated all of the funding to the Libby cleanup and postponed work in Troy and at the mine. In July, Mr. Christiansen requested and received an additional $2 million for FY 2003. EPA headquarters has decided that this additional $2 million will be an advance on the FY 2004 funding which means that Mr. Christiansen will receive only $15 million for next year. This level of funding will result in a slower cleanup pace, 120 - 130 residences rather than the planned 200. It will also mean reduced flexibility to address unanticipated issues such as the boat ramp cleanup. Mr. Christiansen described this budget development as troubling. He stated that at the $15 million level, work will not be affected during this calendar year but will be in the spring.
Screening Plant Cleanup - All major work is finished, and the property will soon be turned over to the Parkers. A drainage issue remains that is being addressed with the Montana Department of Highways and the Parkers.
Export Plant Site - The main Millwork West building is being paved. Work at this site is being finished.
Cleanup Work Pace - The cleanup will slow in winter as work is limited to indoor only. A break will occur at Thanksgiving and for three weeks over the Christmas holiday.
New EPA Administrator - Mr. Christiansen has briefed former Utah Governor Mike Leavitt who was recently confirmed as the new EPA Administrator. Mr. Christiansen will try to arrange for Mr. Leavitt to visit Libby early next year.
Contractor Situation - Two contractors have been conducting cleanup operations in Libby, Environmental Restoration (ER) and SaLUT/MARCOR.. The ER contract is an emergency response contract and spending under it is reaching its planned limit. In January, three new cleanup contracts will be awarded with a spending capacity of $37 million over four years.
CAG Member Question - Is the $37 million contract amount in addition to the FY2004 budget amount of $15 million?
Answer - The $37 million is the most I can spend under the three new contracts which we plan to award early next year. The amount of money I actually receive next year to fund the cleanup work is a different issue.
CAG Member Question -There are 1,300 homes in Libby that need to be cleaned, correct?
Answer - Yes. This number, however, is based on visual inspections and may change as sampling is conducted. By the end of this year, about 200 of the residential cleanups will be completed.
CAG Member Question - At the reduced funding level for FY2004, it will take 8 or 9 years to complete the residential cleanups, correct?
Answer - Yes. At 225 residences per year which requires $19-21 million annually, cleanup would take about 5 more years.
CAG Member Question - If individuals wanted to write letters asking for the funding you have requested, to whom should they write?
Answer - I cannot advise you to lobby the Congress. If you choose to make such a request in support of additional funding, however, it would be stronger if it included the city, county and individuals.
Audience Member Question - So if you spend at current levels, five to ten more years will be needed to finish the cleanups?
Answer - Assuming we continue to spend the same amount per cleanup, you are correct. It is in everyone’s interest to finish the job as quickly and efficiently as possible.
CAG Member Comment - If we have five to seven years of inflation, the cost will be 30% higher.
Response - Yes. Also, the cost of staff and the mobile laboratory is fixed. Not using staff and the lab at their capacities reduces the cleanup cost efficiency.
CAG Member Question - Have you asked EPA for $50 million annually?
Answer - Paul Peronard did. I have asked for $21 million annually, the amount that I believe is appropriate given our capacity to get cleanup work done. Additional amounts have diminishing returns, i.e. the amount of cleanup benefit drops with additional increments of spending.
CAG Member Question - If you received $25-30 million would you not have to make what you have previously described as tough decisions such as leaving vermiculite in crawl spaces?
Answer - With additional funding, I would do some things differently, but there are some things I would not change. For example, even with more money, I would not change our approach to walls. The cost of cleaning walls would 3 to 5 times higher, and the total cleanup cost per house would rise to $100 thousand. Since I am not going to receive $30 million annually, I have not dwelt on what I would do with this amount of money.
Audience Member Question - How is money spent in the Superfund Program?
Answer - Superfund money goes into two pots. One is for investigations and the other is for cleanups. Funding used to come in from the Superfund tax which was not renewed. Money now comes from Congressional appropriations. Within EPA, moneys are allocated first to ongoing, long-term cleanups and then to investigations and new cleanups. This year there were 9 or 10 new cleanup starts.
CAG Member Comment - This past summer, Mike Cook, Director of the EPA Office of Emergency and Remedial Response, made a commitment to us about the cleanup here.
Response - You are correct. Mr. Cook committed to cleaning Libby’s residences in 5-6 years.
CAG Member Comment - While I am supportive of environmental needs, protecting human health should have a higher priority than fish and grizzly bears.
Response - I am not sure what drives the cleanups at other sites. I don’t believe that any of them have the human health concerns present here in Libby. Libby continues to be EPA’s highest cleanup priority. Libby is receiving much more money than other sites. EPA’s priority is cleaning the worst first.
CAG Member Comment - People in Libby will die because of asbestos exposure now and in the future. People in high places make commitments which go away when they leave.
Response - It is reasonable to remind people of past commitments. We continue to be concerned about human health, but we are meeting our obligations with limited funds.
CAG Member Question - Would more money for EPA guarantee more money for Libby?
Answer - I don’t know for certain. The Congress has appropriated money specifically for other sites. The best scenario is for increased funding for EPA and specific funding for Libby.
CAG Member Question - W.R. Grace had to make money at our expense while the state looked the other way. In 1980, EPA let us fall through the cracks. The lack of funding for the cleanup is killing people today. This can’t go on. Jim Christiansen must have the money he needs for the cleanup. The numbers of our dead and diseased people are apparently not serious enough to get the needed funding. We should draft a letter reminding EPA of its commitment to complete the cleanup in a five year time frame and email it to the city and county for their support.
Response - You are not likely to be heard if letters come just from the CAG and the county. Organizations and individuals writing letters from their unique perspectives including health and economic concerns at the same time sends a powerful message.
CAG Member Comment - We should request an additional $6 million to get funding to Mr. Christiansen’s $21 million level.
Response - Don’t fixate too much on specific numbers. It is better to think in terms of what the EPA Libby team needs to do to complete the cleanup
Audience Member Comment - Individual letters are powerful. Don’t use form letters or pre-printed post cards. We have to work with our neighbors, the PTA, church groups, coffee clubs, and service groups such as Kiwanis and Rotary.
CAG Member Comment - Letters from school kids would also be effective.
Response from Kirby Maki - We can look at this, but we don’t want to put pressure on the school kids.
CAG Member Comment - We should reach homeowners awaiting cleanup and people affected by asbestos-related disease. We should also encourage the medical community to write that exposure is still occurring and the chamber of commerce to say that businesses still need cleanups.
CAG Member Comment - We need help from the Governor who used her “silver bullet” to put Libby on the Superfund list.
Response - I was called tonight to come to Helena to talk with her about EPA funding level.
CAG Member Comment - We need a fact sheet plus names and addresses to whom it should be sent.
CAG Member Comment - Someone should go to the City Council and County Commission. We should select a week and do a media blitz and put posters in stores.
CAG Member Question - Has the TAG considered participating in this effort?
Answer by George Keck - Pursuant to our grant requirements, the TAG cannot lobby.
Audience Member Comment - We should set up a committee of ten or so people and assign to each a segment of the community to contact. We should also draft a sample letter that individuals and groups might use to help draft their own letter.
CAG Member Comment - We should present a basket of letters to Administrator Leavitt when he visits here.
Audience Member Comment - The letters should include pictures of children and real life stories.
Comment by Jim Christiansen - I have found the division in Libby among people interested in the asbestos issues and economic development to be troubling. I believe both groups want the same thing. Everyone wins by getting the cleanup done. This issue presents a good opportunity for both interests to work together.
CAG Action - The CAG agreed to two sets of activities. First, Kirby Maki and Gayla Benefield will draft a fact sheet explaining the need to support additional funding for the Libby team to conduct the cleanup. Second, Gordon Sullivan will head a committee including Gayla Benefield, Helen Clark, Mike Crill, Carol Holoboff, and Norita Skramstad that will develop a plan for involving the community in the letter writing effort in support of the additional funding. Mr. Maki and Mr Gordon will report on the their activities at the next CAG meeting in December.
Comment by Clinton - I wrote the following letter when Mike Cook, Director of the EPA Office of Emergency and Remedial Response, visited us this past summer. I did not send it then because, after hearing Mr. Cook’s commitment to do all that he could to make sure that the needed funding would come to Libby, I did not think that I needed to. He read aloud the letter included in Appendix 2 (600 KB, PDF file).
Audience Member Comment - This is a good letter. You should just change the date and the person to which it was addressed and send it.
CHC Information
In response to questions at the October 9 CAG meeting, Kimberly Rowse, director of the Community Health Center (CHC), sent to Gerald Mueller the email enclosed below in Appendix 3 (600 KB, PDF file) and asked that it be distributed at this meeting. Mr. Mueller passed out copies of the material from Ms. Rowse.
HNA Letter
Gerald Mueller passed out a letter from Stephen A. Kardos, J. Jay Flynn, and Vi Kaufman of Health Network America (HNA) dated November 12, 2003. Mr. Mueller received the letter via email on November 12, and forwarded it to those CAG members with email. A copy of the letter is also available at the EPA Information Center in Libby. The letter is in response to the CAG’s letter to W.R. Grace and Company dated October 9, 2003. Regarding the letter, Mr. Mueller also read the following email he received from Rick Palagi on November 12, 2003:
Hello. Just to let you know, we have been in communication with Dr. Flynn and Alan (Stringer) on this issue since the last meeting. We think this will be a solution for the patients and our facility. I will of course let you all know if we run into other snags. Thank you as always for your support of St. John’s. We pledge our best efforts to you and all who use our services.
CAG Member Question - What about plan participants that had an unpaid balance prior to the agreement between HNA and St. John’s Hospital?
Answer by Alan Stringer - I am not aware of any balance billing due to asbestos-related disease.
CAG Member Question - All members of the Grace Medical Plan should be made aware of this letter. Would you please check into publishing it in our local newspaper?
Answer by David Latham - I will run it in the Montanian if space is available.
CAG Member Question - Would W.R. Grace please pay for space in the newspaper?
Answer by Alan Stringer - I will check.
Audience Member Comment - W.R. Grace has done the right thing in a timely, professional manner. Thank you to W.R. Grace.
Rural Health Outreach Grant
Gayla Benefield and Carol Spas reported that under the Rural Health Outreach Grant, funds are available for people with asbestos-related disease (ARD) for home assistance. Assistance can be provided for light house keeping, personal hygiene, transportation, and help filling out forms. People with ARD needing such assistance, can contact Ms. Benefield, Ms. Spas, or the County Health Department. The office set up to administer this Grant is located next to the CARD Clinic. Young people including students, Boy Scouts, and church youth groups are also being sought to volunteers to provide these services.
Colleen Lux
Colleen Lux addressed the CAG. She said that she is a University of Montana graduate student completing her masters degree in environmental studies focusing on the CAG. Ms. Lux had previously addressed the CAG explaining her project. She will defend her thesis on December 5. People from Libby are invited to attend. Copies of her thesis will be available at the local library and the EPA Information Center. Ms. Lux also stated that she will be traveling to Australia to talk about the CAG with people who have suffered asbestos exposure and disease.
Audience Member Question - What is the “take home message” of your masters thesis?
Answer - The problems you have had as a community in addressing the main issues arising from the asbestos exposure are not unique to Libby. Other communities that have struggled with contamination have also had problems coming together. Those communities that have been successful at getting cleaned up and healthy are the ones who can work together and speak with one voice. People here do want the same thing. You just need to find a way to come together. You need to continue to be loud to get your needs addressed.
Attorney General Letter
Clinton Maynard stated that when the CAG last discussed ATSDR Administrator Dr. Gerberding’s letter declining to declare a public health emergency in Libby, someone suggested writing a letter to Montana’s Attorney General Mike McGrath. Mr. Maynard has drafted a letter which he asked the CAG to consider. The draft letter is attached below as Appendix 5 (600 KB, PDF file).
CAG Action - The CAG agreed that the draft letter should be included with the summary of this meeting. People should review the letter and be prepared to discuss it at the next meeting in December. Mr. Mueller should also circulate any comments he receives on the draft to CAG members prior to the December meeting.
Public Comment
Audience Member Comment - Haliburton, the company formerly headed Vice President Cheney, will pay $3.77 billion into the federal fund for compensating asbestos victims. W.R. Grace will pay a much smaller amount.
CAG Member Response - People in Libby will not qualify to receive payments from this fund as it is presently designed.
Audience Member Comment - The CAG should make a greater effort to hear from the public. The public were not served well at the last CAG meeting. Ms. Parker was not treated well. She said she would not return to any more meetings.
CAG Member Response - People in the audience at these meetings are very important to the CAG process. We need you.
Audience Member Comment - An example of how the pubic can help is the industrial park. From day one I have been raising the issue that there has been no sampling or cleanup. Now with the boat ramp cleanup, Mr. Christiansen said tonight that $250-300 thousand has had to be diverted from other cleanup activity.
Audience Member Comment - I am concerned about walls. The walls in my house are leaking. We are remodeling our home. We are finding vermiculite on the floor and are tracking it around. I was told today that if I want additional cleanup, I will have to hire an abatement contractor to do the work. I have asked the TAG to look at my place. I am scared of this stuff. I have not yet received a letter saying my cleanup is completed. I would like to have some monitoring.
Response by Jim Christiansen - You have a right to be concerned. We will come out and sample. We don’t have a perfect answer. We know that when walls are disturbed the vermiculite insulation will come out. We are providing a HEPA vacuum and guidance. We will being going back to houses that we have cleaned to do sampling.
CAG Member Comment - EPA has cleaned our house, and they did a good job inside and out.
Audience Member Comment - In one sense the federal government has done us a favor by short-funding the cleanup. We have a chance to take advantage of the fact that science is developing faster than the cleanup, so that the cleanups can be improved.
CAG Member Comment - At the next CAG meeting, please include on the agenda EPA’s fact sheet on living with vermiculite.
Next Meeting
The next regular CAG meeting is scheduled for 7:00 to 9:00 p.m. on Thursday, December 11, 2003 in the Ponderosa Room of Libby City Hall.
CAG Member & Guest Attendance List
November 13, 2003
Members Group/Organization Represented
George Keck Technical Advisory Group (TAG)
W.K. Maki Libby Schools
Clinton Maynard Area Asbestos Research Group
David F. Latham The Montanian Newspaper
Ken Hays Senior Citizens
Wendy Thomi EPA Community Involvement
Jim Christiansen EPA Project Manager
Gayla Benefield LCAORO/ARD Network
Norita Skramstad Asbestos
Eileen Carney State Representative
Gary D. Swanson LVFD
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