Monday, October 11, 2004 - Dow Community Advisory Panel Minutes

The Dow Community Advisory Panel met on October 11, 2004 at 6:00 p.m. at the Dow Conference Center in Plaquemine, Louisiana.

After the facilitator welcomed those present, the September 13, 2004 CAP meeting minutes were approved by the panel.

Responsible Care Performance Measurements
Mr. Davis provided the CAP with Responsible Care Performance Measurements for the reporting period of September 14-October 11, 2004 (attachment) stating that the site has had 18 site OSHA injuries thus far in 2004. There were no injuries, outside complaints, spills or incidents affecting the community, agency audits, public notices, or serious transportation incidents reported during this time period. Sixty-two days have passed since the last recordable injury at the site -- the best performance in the past 1-1/2 years. For the same reporting period, there were 23 agency reportables thus far this year. On September 20, 14 pounds of chloroform were released from an emergency relief valve. On September 28, 170 pounds of ethylene dichloride was released from a pipe leak. There was no offsite impact from either of these releases -- both Category A releases (only affecting that particular plant block).

In response to a question by a panel member regarding the recent news stories about ozone levels in the 5 parish area, Mr. Trusty stated that there are 16-18 facilities in the area that handle ethylene and propylene (VOCs). Almost all the exceedences are on the east side of the Mississippi River. Six plants in North Baton Rouge area will be requested to perform a more detailed study. Governor Blanco and DEQ issued an Administrative Order today which will require all the facilities which handle VOCs to have fenceline monitoring. Dow will also do this.

Regarding the Myrtle Grove issue, Mr. Trusty stated that LDEQ and EPA have asked Dow to join them in focusing resources toward solutions that will benefit the community's continued protection of the Plaquemine water supply. The company has agreed to do so. When the contamination was first reported in March 2001, Dow committed that regardless of the source or sources of contamination, the company would lend its resources in the investigation, with the ultimate goal of helping the community find solutions for this issue. Dow's recent announcement is consistent with that commitment. Specifically, Dow has offered to perform a study of the Plaquemine water treatment system and the Plaquemine Aquifer. Dow has agreed to assume monitoring of groundwater wells that are currently being jointly monitored by Dow, LDEQ and EPA. The company feels this is an important and necessary next step in helping the community move forward to resolve this issue.

Additionally, EPA and LDEQ released the results of a "Groundwater Flow Direction and Contaminant Source Area Evaluation for the Plaquemine Aquifer" on October 7, 2004. Dow agrees with the report's evaluation of water flow direction: that water flow in the Aquifer is generally to the west, which indicates the sources of contamination stemmed from an area east of the trailer park. This is consistent with the data Dow has collected and shared with the community.

However, we were very disappointed with the report's findings, and strongly disagree with the report's speculation that areas around Dow are 'source areas.' We have no sound, scientific data to support the agencies' assertions, and neither do they. In fact, the report admits the theories are only speculations, and that the issue needs more studying.

Answers to Questions and Comments Included the Following:

1. A panel member thanked Dow for the personal contact of CAP members regarding the subject.
2. Perchlorethylene can break down to make vinyl chloride. The EPA estimates it took 20-40 years for the vinyl chloride to travel to the Myrtle Grove area. EPA's date is inconsistent.
3. There are a number of possible sources.
4. Bayou Plaquemine has been closed since 1961, so that water will not affect the flow from the aquifer.
5. Dow will continue to challenge any findings that are not based on sound science. And the company will continue to be fully engaged in this issue.
6. The contamination could not have come from the Light House Road area because of the water flow direction. Chlorinated solvents potentially disposed of at the area could have broken down into VCM, but would still be unable to reach Myrtle Grove because of the water flow. The Light House Road area was never a storage facility or landfill.
7. Injection wells were never located at the Light House Road site. One was drilled at a different location, but was abandoned before it was used.
8. A CAP member asked that CAP members be involved when doing press releases about environmental issues in the area.
9. Consistent with Louisiana Dept. of Health guidelines, only public drinking water supplies were sampled prior to 1997.
10. Groundwater flow generally flows from the east to the west with the exception of when the river is dropping rapidly (which would be inconsequential).
11. Old wells could be potential conduits if they were not properly plugged.
12. There are 16-19 wells in the north Plaquemine area; 3 belong to Dow. These will be tested under the agreement with EPA/DEQ. Additionally, there are 10+ wells that Dow will continue to monitor on its property each quarter.
13. A panel member stated that since people are aware of the VCM contamination in the Myrtle Grove community, everything that is done will bring up this issue.

Responses to the question, "If the CAP were to advise Dow from a public relations standpoint, what advice would be given?" were as follows:

1. The perception that Dow is responsible for the contamination is already there. Dow needs to reaffirm the east/west direction of the flow of the contaminated water to prove that Dow is not responsible for the contamination.
2. Dow should drill test wells.
3. Information about the findings should be posted on Dow's website.
4. Dow should write its own article about the study.
5. Dow should make it know to the community that an independent contractor was hired to perform well tests.
6. Dow should not provide a technical explanation to the community. Word the explanation so that it doesn't look as though Dow is attempting to hide something.
7. Dow should keep stressing that there is no scientific proof linking Dow to the contamination.
8. Dow should explain to the community that it has agreed to continue to monitor and study the problem.
9. Communication should be non-technical, and in a brief, bullet format.
10. A map should be included with the explanation.

New CAP Members Nominations/Voting
After the facilitator provided the CAP with a list of 53 nominees for membership on the panel, he explained that the panel would be responsible for replacing 12 members -- 2 who had resigned, and 10 with expired terms. Current members on the panel include 7 Iberville Parish residents, 5 West Baton Rouge Parish residents, 8 men and 4 women, 6 African-Americans, and 6 whites. He asked panel members to vote for 14 new CAP members remembering to vote based on insuring diversity on the panel. The top 12 will be invited to serve on the panel; the remaining 2 will be alternates. New members will be invited to attend the November CAP meeting.

Set Agenda for Next Meeting
The November CAP meeting will be held on Monday, November 8, 2004 at the Dow Conference Center. The agenda will include a presentation on the economic impact of Dow on the community. The CAP will be invited to the Dow Open House in December, and the January 2005 meeting will include a presentation on security. Current panel members will be invited to serve on the panel through the January, 2005 meeting. New CAP members will begin serving in February.