OLSCAG

Omaha Lead SiteCommunity Advisory GroupP.O. Box 361Boys Town, NE 68010-0361

January 20, 2009

Mr. Bob FeildU.S. EPA, Region VII901 North 5th StreetKansas City, Kansas 66101-2907

RE: Omaha Lead Site Community Advisory Group Minutes from 12/10108

Dear Mr. Feild,

Attached are the minutes.from the Omaha Lead Site Community Advisory Group meetingthat took place on December 10, 2008. The Community Advisory Group approved theminutes on January 14,2009. Please enter the minutes into the Administrative Record forthe Omaha Lead Site.

If you have any questions, please contact me at (402) 344-7797.

Brenda CouncilFacilitator

Commun.ity Advisory Group (CAG)for the

Omaha Lead SiteMinutes for Meeting Held

Wednesday, December 10, 2008, 9:30 a.m.South Omaha Boys and Girls Club

5051 S. 22nd StreetOmaha, NE 68107

OLS CAG Members Present:Rebecca Barrientos-Patlan-Burlington Road Neighborhood AssociationDr. Richard Brown-Charles Drew Health CenterKara Eastman-Omaha Healthy Kids AllianceBob Feild-Environmental Protection AgencyDr. Adi Pour-Douglas County Health DepartmentVicki Quaites-Ferris-City ofOmaha Mayor's OfficeCrystal Rhoades-Neighborhood Center for Greater OmahaChris Rodgers-Douglas County Board ofCommissionersStacey Stricker-Nebraska Department ofEnvironmental QualityMarian Todd-City ofOmaha Planning Department

Others Present:Mary Castaneda-EPA Public Information CenterKaty Childers-Omaha Healthy Kids AllianceJim Dowding-Omaha City CouncilMaureen Faulconer-Inspection ExpertsMike Felix-Nebraska Department ofEnvironmental QualityTiffany Frezell-EPA Public Information Center.Laura Hardesty-Cadmus GroupLouise Latimer--8enator Ben Nelson's OfficeLelia Coyne-CitizenBrendan McEntegart-Conestoga-Rovers & AssociatesLaFonda McGee-Omaha Healthy Kids AllianceMorghan Price-Omaha Healthy Kids AllianceJennifer Rawley-Conestoga-Rovers & AssociatesDiane Luna-Burlington Road Neighborhood AssociationSteve Sanders-Environmental Protection AgencyChe Thompson-Omaha Healthy Kids AllianceClare Watson-Omaha Healthy Kids AllianceAnita Whitney-Omaha Healthy Kids Alliance

1. Discussion on Minutes from the November 12th Meetiug

Ms. Rawley asked for any corrections to the November minutes.

Ms. Barrientos-Patlan stated that her name shouid be added to the list ofmembers present.

Ms. Barrientos-Patlan stated that on page four: "Ms. Barrientos-Patlan stated that she receivedletters and emails regarding soil replacement and paint stabilization" should read, "Ms.Barrientos-Patlan stated that she received a letter and one email regarding soil replacement andpaint stabilization." Ms. Barrientos-Patlan slated that the sentence reading "Concern over theproximity of stockpiled contaminated soil to a local school" should read, "Concern over theproximity ofstockpiled contaminated soil to a local school at 29th and Taylor Streets." Ms.Barrientos-Patlan stated that the sentence: "Concern over the transportation and disposal ofcontaminated soil to an Iowa landfill" should read, "Concern over the transportation and disposalof contaminated soil to an Iowa landfill, and concern that this same soil is used as topsoil." Ms.Barrientos-Patlan stated that: "Ms. Barrientos-Patlan asked Mr. Feild to see if material beingstored near Druid Hill School is of concern" should read, "Ms. Barrientos-Patlan asked Mr. Feildto see if material being stored near Druid Hill School is of concern, and to investigate otherinstances in Iowa to see if these allegations are true."

Ms. Barrientos-Patlan stated that she had requested at the November meeting that theaformentioned email and the letter be sent to all CAG members in next month's meeting packet.Ms. Barrientos-Patlan reiterated her request and asked that the information be included inJanuary's CAG meeting packet.

Mr. Feild stated that on page two: "Mr. Feild stated that this policy is because there is no real wayto keep an official record at the meeting" should read, "Mr. Feild stated that this policy is becauseEPA does not keep an official record at the meeting." Mr. Feild stated that on page five: "Mr.Feild stated that EPA tries to work with the all homeowners to resolve issues and complaints"should read, "Mr. Feild stated that EPA tries to work with all homeowners to resolve issues andcomplaints."

Ms. Eastman motioned to approve the November minutes with the above corrections. Ms. Toddseconded the motion. The motion failed due to a lack of quorum (7-0).

The motion was revisited later in the meeting when additional members joined the meeting. Ms.Eastman motioned to approve the minutes. Ms. Todd seconded the motion. The motion wasunanimously approved (passed 8-0).

2. EPA Update

Mr. Feild stated that soil remediation and paint stabilization efforts have been slowed by theweather. Mr. Feild slated that at this point it is too cold to paint and soil excavation is limited, butcontractors are still mobilized should there be a break in the weather. Mr. Feild provided ahandout with an update on 2008 excavation and paint stabilization progress.

Number ofProperty Owner Complaints and Percent ResolvedMr. Feild statedthat EPA contractors are the primary contact with property owners Mr. Feildstated that most owner concerns would be addressed directly with the contractor and that, for themost part, EPA would never hear about those complaints. Mr. Feild stated that the EPA PublicInformation Center receives many calls, and noted that EPA is in the phone book if someonewants to discnss an issue.

Mr. Feild stated that most calls are for information, with a small percentage calling to voicecomplaints. Mr. Feild stated that approximately five complaints come in per week, but that areliable percentage is not possible to quantify, as the contractor resolves most complaints. Mr.Feild stated that ail complaints are resolved, and that only when a contractor cannot resolve acomplaint does EPA will step in to address the matter. Mr. Feild stated that in some instancesproperty owners do not get everything they ask for, but the situation is resolved. Mr. Field statedthat EPA is unaware of any unresolved complaints.

Ms. Luna, referring to a letter previously discussed at the last CAG meeting, stated that herbrother owns the house where flakes of paint from the paint stabilization process were leftscattered on the porch. Ms. Luna reported that before the CAG meeting was out last month,someone was at the house taking care of the Problem.

Update on Proposed Plan Comment PeriodMr. Feild stated that EPA has extended the comment period through December 31,2008. Mr.Feild stated that comments will be presented and responded to in the responsiveness summary ofthe Final Record ofDecision.

Ms. Luna asked Mr. Feild about customer satisfaction surveys. She stated that EPA sent a surveyout to her brother after the paint stabilization. Ms. Luna asked Mr. Feild if a satisfaction survey isalso sent out after the soil replacement process. Mr. Feild stated that both paint stabilization andsoil replacement recipients are asked to fill out a survey.

Ms. Rawley asked Mr. Feild ifEPA has received any requests for an additional comment periodextension. Mr. Feild stated that EPA received a request from Union Pacific to extend thecomment period to February 15,2009. Ms. Latimer stated that Senator Nelson's office will alsobe requesting an additional extension.

Administrative OrdersMr. Feild stated that EPA has not issued any Administrative Orders as ofyet. Mr. Feild statedthat EPA had made plans to allow for an order issuance to gain property access for sampling ifnecessary. Ms. Barrientos-Patlan asked Mr. Feild if orders may be issued for paint stabilizationas well as soil replacement. Mr. Feild replied that orders may only be issued for soil replacement;paint stabilization is voluntary.

Ms. Barrientos-Patlan asked Mr. Feild about what if EPA is performing work in nearby CouncilBluffs,IA. Mr. Feild stated that when soil sampling was initiated in 1999, EPA collected soilsamples in Council Bluffs. Mr. Feild stated that out of dozens of properties sampled in CouncilBluffs, results did not show soil lead levels consistently above the 400 ppm screening level. Mr.Feild stated that when looking for reasons why the levels were lower than expected, it becameapparent that Council Bluffs is in an historic floodplain. Mr. Feild stated that prior to the 1940s,there was no form of flood control on the Missouri River. Mr. Feild stated that there were floodevents bank to bank, bluff to bluff, which would submerge Council Bluffs. Mr. Feild stated that

when the land was underwater there would be deposition and scouring on the land, and that therewould be a great deal ofmixing or removal of soil. Mr. Feild stated that most of the emissionsfrom the ASARCO smelting plant were released prior to or during the 1930s. Mr. Feild statedthat the flooding of Council Bluffs prior to the installation of flood control measures is why thereis no evidence oflead contamination in Council Bluffs. Ms. Barrientos-Patlan asked Mr. Feild ifhe would provide documentation on the sampling of Council Bluffs. Mr. Feild said that he wouldprovide that information.

3. Omaha Zoo Report Discussion

Ms. Rawley asked if anyone had comments after reviewing the zoo sampling report.

Ms. Barrientos-Patlan stated that the cover letter from zoo representative Mr. Darmy Morris toldthat Terracon only took four samples at the zoo. Ms. Barrientos-Patlan asked if EPA would doany of their own sampling of the zoo. Mr. Feild stated that commercial property is specificallyexcluded from the definition of the Omaha Lead Site, so no resources will be directed to samplingthe zoo. Mr. Feild stated that at this time EPA does not see a valid reason to pursue sampling atthe zoo. Mr. Feild stated that he toured the zoo with Mr. Morris and found that many of the highimpact areas have been disturbed to the point ofeliminating any concern about soil lead levels.

Ms. Barrientos-Patlan expressed concern that there too few samples were collect and that thesamples were not as comprehensive as sampling performed by EPA in residential areas. Mr.Feild reiterated that EPA does not sample commercial property. Mr. Feild stated that EPA wouldnot sample a large area like the zoo in the same marmer as a residential property. He stated thatEPA would sample a large area like the zoo much like EPA would sampled area parks.

Ms. Latimer agreed that it would seem likely that there would not be much lead contamination inzoo soils because of soil movement and paving.

Ms. Barrientos-Patlan stated that since the zoo is a high impact area in Omaha, and no lead levelis safe, that it would be worth it to know what exactly the lead levels in soil are at the zoo.

Mr. Feild reiterated that the zoo is not part of the site. He stated that the issue is not the cost; theissue is that EPA is not authorized to sample outside of the site. He added that it would have tobe a separate investigation. Mr. Feild stated that EPA would be willing to consider a request, butthat in his opinion, there is not much cause for sampling. Mr. Feild stated that commercialproperty is of much lower concern because there is no continuous exposure route.

Ms. Quaites-Ferris stated that the original concern was that there was no sampling done at the zooat all. Ms. Quaites-Ferris stated that she had asked Mr. Morris for the results of previous zoo soilsampling at picnic and family areas. She stated that the sampling indicates that there is a lowlevel of risk, and that the best effort is to make sure the zoo is aware that they should sampleareas before making any additional changes to the landscape.

Ms. Barrientos-Patlan stated that the sampling just does not seem sufficient to make a finaljudgment on the zoo's soil safety.

Ms. Barrientos-Patlan motioned for the CAG to request to Mr. Morris that the zoo conduct a morecomprehensive sampling of zoo soils.

()LS CAG Minutes

Ms. Eastman asked Ms. Barrientos-Patlan if she would like to talk about a plan to include the zooin some education efforts to help make an impact.

Ms. Barrientos-Patlan stated that even ifthe effort impacts one child, it is well worth a letter torequest additional sampling.

Ms. Rawley stated that a motion is on the floor to request a letter for sampling at the zoo andasked if the CAG would like to second the motion. The motioned was not seconded.

OHKA Update

Ms. Eastman provided an update on OHKA activities.

Ms. Eastman stated that, as a part of OHKA's EPA grant, OHKA has hired a grant coordinator.

Ms. Eastman stated that she attended a Housing and Urban Development (BUD) committee inWashington, D.C. She stated that she met with other BUD grant receivers, which was insightful.Ms. Eastman learned at the conference that a healthy homes representative will be regionallyavailable.

Ms. Eastman announced that OHKA received $5,000 from the William and Ruth ScottFoundation.

Ms. Eastman stated that Mr. Dave Pantos was named executive director for Legal Aid ofNebraska. Mr. Pantos recently helped the UNL Extension apply for a BUD grant.

Ms. Eastman stated that the Ad Council is considering a national campaign for lead' awareness.She stated that the Ad Council will be in control, but that OHKA will provide input, if possible.Ms. Eastman stated that she will provide updates as more information is released.

Education Committee UpdateMs. Eastman provided an update on Education Committee activities.

Ms. Eastman reported that the committee is discussing hosting a healthy homes summit andformed a subcommittee to further explore the idea.

Ms. Eastman stated that Hallmark provides a card that the State sends to new mothers. The cardincludes a helpful calendar of events for tracking shots and checkups. The committee isdiscussing how to include lead information in the mailing.

Ms. Eastman stated that the Education Committee discussed providing LeadCare instruments toWomen Infants and Children (WIC) clinics.

Housing Committee UpdateMs. Todd stated that the nuisance ordinance has been introduced to the City Council. Ms. Toddstated that the Housing Committee recommends sending a letter to the City Council in support ofthe proposed ordinance. Ms. Todd stated that the ordinance was introduced yesterday, thehearing is Tuesday, December 16th

, and the vote will be Tuesday, December 23'd. Ms. Toddstated that the CAG needs to vote on the letter today.

nr.r:: r An MimJfp..~

Ms. Todd stated that the ordinance adds deteriorating lead-based paint as a hazard to the City'snuisance code. Ms. Todd stated that this is a complaint-driven ordinance.

Mr. Steinkraus motioned to send a letter of support to the City Council. Ms. Eastman secondedthe motion. The motion unanimously passed (8-0).

Ms. Todd stated that the Housing Committee is working toward creating a lead-safe housingregistry in coordination with Oill(A's gold star program.

Ms. Todd stated that two task forces have been set up, one headed by Ms. Thompson and Mr.Lukash looking at development of the lead-safe housing registry. The other is legislation-focusedas one ofOffi(A's grants provides funds for looking at legislative tools. Ms. Eastman will bechairing that task force to look for legislative opportunities at state and local levels.

Ms. Todd stated that the Housing Committee will meet in February.

4. City Update

Ms. Todd reported that the City has stabilized paint on 2S7 properties.

Ms. Todd stated that at the last meeting there was a question regarding soil piles at 2Sth and LakeStreets. Ms. Todd stated that she has learned that this soil is from a sewer stabilization projectand not from EPA's soil excavation work. She also stated that when excess material is removedfrom a site, the contractor has to provide information about where the material will be depositedto the City. Ms. Todd stated that the contractor keeps a log, and informs the City about whereand how much soil is moved.

Ms. Todd stated that regarding the City's lead-based paint hazard control grant, there are 20Sunits at some stage in the process out of a goal of 21 0, with lSI complete.

Ms. Todd stated that the City has another English language Lead-Safe Work Practices trainingscheduled for January 30, 2009. Ms. Todd stated that the instructor doing Spanish languagetraining classes will develop a schedule, with the expectation of one course every 2-3 months.

5. Douglas County Health Department Update

Mr. Steinkraus reported that in the past 12 weeks three groups of four Creighton nursing studentscompleted rotations in the lead department. Mr. Steinkraus stated that the students did some casemanagement, home visits, and Medicaid database work.

6. Other Group or Agency Updates

None.

7. Questions and Answers

Ms. Barrientos-Patlan asked EPA how to find out results of emissions monitoring of boilers,waste incinerators, cement manufacturing, or other possible polluters. Mr. Feild stated that thatinformation is coordinated between the city and health departments. Mr. Feild stated that he willtry to find a program contact and provide an email.

Ms. Eastman stated that starting in January, Ms. Council's time will be limited because ofhernew position as a State Senator. Ms. Eastman stated that Ms. Council asked the CAG to thinkabout moving the meetings to every other month and afternoons.

Ms. Barrientos-Patlan asked Mr. Feild about the investigation of soil being staged near aGlenwood, Iowa school. Mr. Feild stated that the only soil deposited in Iowa is used as dailycover at a landfill. Mr. Feild stated that there is a staging area in Omaha at about 28th and SpragueStreets.

Ms. Thompson asked Ms. Hardesty about a the Lead Safe Omaha Coalition's TechnicalAssistance Grant. Ms. Thompson asked if the Lead Safe Omaha Coalition will be providing areport on the results of the grant to the public. Ms. Hardesty replied that Ms. Cheryl Westonwould have to respond to any questions about the grant, and that she would forward the request toMs. Weston.

Handouts:

Draft CAG MeetingMinutes from 11/12/08

Final CAG Meeting Minutesfrom 10/08/08

CAG Requestfor Extension ofComment Periodfor Documents Released in October 2008

RequestforSeventy Five-Day Extension ofthe Omaha Lead Site Public Comment Period(Provided by UPRR)

Requestfor 30-Day Extension ofthe Proposed Plan and Associated Documents(Provided by Mayor Fahey)

CAG Comments on EPA's October 2008 Proposed Planfor the Omaha Lead Site

Community Report Card 2008: Douglas County, Nebraska (Provided by Dr. Adi Pour)

Fact Sheet: Final Revisions to the National Ambient Air Quality Standards for Lead(Provided by CRA)

Children's Environmental Health 2008 Highlights (Provided by CRA)

Milwaukee Loses Appeal in Lead Paint Lawsuit (Provided by CRA)

Public Invited to Saginaw Meeting on Lead Poisoning (Provided by CRA)

Tests Show Excess Lead in Bay Area Drinking Water (Provided by CRA)

Study: Bullet Fragments Spread Lead in Venison (Provided by CRA)

Omaha Lead SiteCommunity Advisory Group Meeting

DecemberlO,2008

2008 Excavation Progress (through 12/05/08)

• 2008 Prudent Technologies, Inc. (2007 EPA contract)• 387 properties excavated (+70).. 384 properties backfilled (+73).. 352 properties sodded (+101)2008 Coastal Environmental Group, Inc. (2007 EPA contract).. 378 propelties excavated (+94)co 378 properties backfilled (+100)II> 369 properties sodded (+114)Total Site Progress to date:II> 4,580 properties excavated (+164) ... 4,577 properties backfilled (+173)

2008 Paint Stabilization (through 12/08/08)II> 2008 Prudent Technologies

II> 660 properties stabilizedII> 2008 Professional Environmental Engineers

II> 204 properties stabilized

Soil Sampling Status (through 12/8/08).. 3,932 properties sampled in 2008 (+420).. Soil sampling performed at 36,571 properties to date

Exterior Household Lead-Based Paint Assessments (through. 12/8/08).. 1,231 LBP assessments performed in 2008 (+319).. 2,871 LBP assessments perfonned to date

Previous years.. 257 properties excavated/restored by Corps of Engineers from 1999"2002.. 32properties excavated/restored by EPA in 2002.. 112 properties excavated/restored by EPA in 2003.. 2004 EPA/Corps totals: 310 properties excavated/restored, 309 properties sodded.. 2005 EPA/Corps totals: 1,060 properties excavatedlbackfilled/sodded.. 2006 EPA/Corps totals: 1,044 properties excavated/backfilled/sodded.. 2007 EPA/Corps totals: 1,000 properties excavated/backfilled/sodded