Vapor Intrusion Update: Good Communication Strategies

Lisa A. FunderburgChief Environmental Health & Safety

Counsel, Energizer Holdings, Inc.

What are key strategies to help effectively manage a VI situation?

• Communication• Communication• Communication

Let’s look at an example:Manufacturing Facility

• Self audit Findings: Vapor Degreaser with questionable

secondary containment

Next Steps

• Sampling • Discovery of TCE and PCE-affected soil and

groundwater beneath floor slab • Findings communicated to State• Press release developed

• Conducted a multi-phase site investigation• Employee notifications made at each phase of

work

Vapor Intrusion becomes a Driver

• Investigation identifies impacts off site• State expresses concern about potential for vapor

intrusion into 12 neighboring residential properties

Off-Site Investigation

• Preparation begins for conducting off-site investigation – public roads, private properties – access agreements

• Communication efforts formalized• Senior Management• Communications Firm• Local officials• Media• Residents

Bennington Investigation

What were the key steps in this process for the lawyers?

1. Issue a Record Hold Notice– What is it? – Purpose?

Key steps for Lawyers

2. Establish a Privilege Communication Plan

– What is it? – Why?– “Front page” test.

What are the elements of a Privilege Communication Plan?

• Need-to-know basis • Communicate verbally if possible

• Avoid note taking at meetings. • Don’t generate new documents if you can

avoid it. • Email communication regarding the situation

should be effectively and thoughtfully managed.

Key Steps for Lawyers

3. Engage a Communications (PR) Firm

Really? Really.

There’s no such thing as bad publicity – really?

(The only thing worse than being talked about is not being talked about.)

Oscar Wilde

West Virginia Chemical Spill

Charleston, WV tap water

Managing Communications: Fundamental Strategies

1. Facilitate proactive dialogue between your company and the community

2. Create tools for broad use in support of community communications

3. Establish communications framework to support strategy4. Position company as a good corporate citizen that acts

responsibly.

Rules to Keep In Mind to Optimize Communications:

• Don’t confess.• Don’t lie.• Don’t volunteer too much information. • Dragnet rule -- just the facts.

Tactics

• Door-to-door outreach to affected neighbors– By plant manager, HSE manager

• Regular communication with other audiences– e.g., State, local officials, media

• Media training– Scenarios, role-playing

• Communication tools arsenal– Update/refine as developments warrant

Results

• Good working relationships– State, local officials, media

• No major issues– Affected neighbors, property owners

• Minimal media coverage– Generally neutral/favorable

Final Key Step?

4. Remember your Boy Scout roots:

“Be Prepared”. In fact, be OVER-prepared.