Document B3bm8vLpjOB0qveZo4zXyJD8
Internal Advisory Document (not for distribution)
COMMUNICATIONS PLAN
Situation analysis Entek's Lebanon facility produces microporous plastic sheets used as lead acid and lithium ion battery
separators. The company uses trichloroethylene, commonly called TCE, as a solvent in its manufacturing
process. TCE is associated with cancer and non-cancer health effects. Recently, ~S'parU>ftheCleaner Air
OIiton regulatory overhaul, OHA and DEQ drafted new short.;term guideline concenfrations for air
Ri1s (SGCs).fAs part of this process, the agencies became aware ofrecent EPA and ATSOR guidance on
short-term health effects of TCE exposure -
including links to jleart malformation in tafaftts.:
-~
i,n.,.v-:-
., ':--
i1 l
EPA's National Air Toxics Assessment modeling data indicates Entek's trichloroethylene emissions ,
potentially exceed ~~prjffi:fijiaft\fil~elsfor.bea~Based on those findings, DEQ requested
refined modeling that shows potential exceedance bf short- and long-term risk levels. DEQ intends to
deploy air monitors to gain actual TCE concentration data.
DEQ will determine further steps based on the findings of that analysis. Additional factors: Entek is currently in compliance with its air permit.
Entek is not currently subject to any National Emission Standard to control trichloroethylene
emissions. Entek is voluntarily adding additional emission controls. E,ntek captures some trichloroethylene
emissions with a carbon bed control system arid has taken other steps to reduce fugitive emissions. Entek is in compliance with Oregon OSHA standards for TCE, which are not aligned with more recent EPA and ATSDR short-1erm reference guidance.
Goals: Explain possible health risks: Inform neighbors, Entek employees, local officials and members of the broader community, including nearby schools and a veterans home, about potential health effects of TCE emissions at Entek.
Demonstrate agency- Show how OHA and DEQ aretaing:attiae1pthet-infofmatio'n
about possible exposure and fealtt:a,t\f4)oteftlfrlski7WitbUh:it1f~nt~1 and $tale rules.
o AU..-:eo,._.,... at;outc.....atorylfps::ff~~fflroregontff!it}fatory
o~lffiiul in response to questions about gaps in current rules. Link timing to CAO rulemaking process. Build community trust and support through transparency: Provide transparent, timely and culturally competent information.
Strategies: Direct communication to people most affected:
o Communicate directly to employees and neighbors through letters and meetings.
1
17cv01906 Sierra Club v. EPA
ED_001523B_00000 109-00001
o Use "what we know, what we don't know, what we're doing about it" framework.
o Provide information in plain language. Identify and engage non-English speaking
communities.
Regular reporting/web site: Establish platform for timely, accurate and reliable information. Leverage earned media to educate public and demonstrate agency action: Proactively engage
local and regional media.
Close communication with focal elected officials and legislators: Keep state and local leaders informed at each stage of the process.
Tone: Factual, responsive, non-defensive.
Audiences:
Entek employees
Neighbors Entek management
Wider Lebanon community
Legislators/local officials AOI/OBA
Personal/family health
Jobs
Personal/family health Agencies are taking appropriate action Impact on local economy Impact on production Impact on cost/competitiveness
Liability
Reputation Personal/family health (esp.
ground water exposure)
Agencies are taking appropriate action Impact on local economy Constituent concerns Impact on economy Agencies are taking appropriate action Impact on business Agencies are taking appropriate action Precedent/CAO
Explain health risks Explain regulatory decisions
Explain health risks Explain agency actions
Understand health risks Promote cooperation Explain regulatory decisions
Explain health risks Explain agency actions
Explain regulatory decisions
Demonstrate responsiveness to
community and company Explain regulatory decisions Demonstrate collaboration with company (as appropriate)
Letters Meetings Email Local media Social media Letters Meetings Local media Social media Meetings Direct communication
Meetings Local media Social media
Meetings Direct communication Media Meetings Direct communication Media
Message Map 2
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00002
Core message:
State health experts and environmental regulators are taking action to assess possible health risks for neighbors and employees from TCE. TCE is a chemical used at Entek, a major regional employer, which is operating legally under permit. State health experts f(now that Qlf)ated lewis ofTCE ain p~e health risks to
people, especially for ptqnant women and newborn~. Health experts don't know if levels of emissions from Entek are putting people at risk but recent computer models show it lspo~slble. Regulators are testing the air
near Entek to find out. State agencies will ~ake action to reduce any rlsbtp Entek workers and neighbors.
Elevated levels of TCE can cause health effects.
Supporting message
g.v,QMna :t(;J.(mtlflc
,r4Jeiffh' tells us
thatiWVated
fiilf111iof ffE tar\
lJ-:liilifiH Nb
EPA and ATSOR: short-term exposure linked to fetal heart risks.
Long-term risk:
Kidney cancer.
Deflators:
How do we know Entek's TCE emissions pose health risks? Entek is well below OHSA standards. Why didn't agencies act sooner?
Entek is in compliance
- why are agencies
taking these actions?
State a1encles are taking action to reduce risks to
workers and neighbors.
State agencies wil.1 keep
workers and neighbors
informed every step of
the way.
Supporting message Computer modeling
shows Entek emissions
State agencies are deploying air monitors to determine if workers and neighbors have been exposed to ~nhQl!t}.Y
i,18\i1JS Qf !J'.CEi
Agencies are working with Entek to assess and address potential risks.
Supporting message
Attend community meeting.
We will post air monitoring results online,
We have established an information line to answer questions We will conduct a public health assessment if indicated by air monitoring results.
r,:r~:_._.}.. "?
Current rules are technology-based. They are not based on health standards, but Cleaner Air Oregon regulatory reforms will be
health-based, Supporting message
Entek is in
compliance with its permit and current OSHA standards.
Current rules are technology-based. They are not based on health standards.
Current rules do not address short-term exposures.
Through Cleaner Air Oregon, agencies are overhauling Oregon's air toxics regulations to better protect human health
Re~dies and EPA guidance point to 9-f[lpqs
!~nts from TCE exposure.1111\ifs
Jffettl ft,Qhl short-term ~ r e . We aretst~JlJput an abundance of caution to
ensure workers and neighbors are safe.
. .. \ ,
,:;
Mende$ are over.ha1.1lins oreson's atr toxtCS regulations to better protect human
health. As part of that
short-term risks from ..... ;"
pollutants such as TCE.
potential risk to Eotek neighbors.
Now we are deploying air monitors to get better information.
Agencies have a responsibllitv to take action to protect public health and worker - ..., . 1
safety. We are working with Entek to gain better data.
3
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00003
Agencies are monitoring in the community, but not
Inside the facility.
OSI-IA is working with Entek to strengthen protections for workers, including increased availability of voluntary protective devices.
Holding statement
The following message is to be used to respond to any potential questions from media prior to April 10:
State environmental quality regulators and health experts hove been reviewing health risk thresholds for hundreds of air toxics as part of the Cleaner Air Oregon regulatory reform. As part of this process, we reviewed computer models of emissions at Entek. The next step is to set up
air monitors to gather data from the vicinity of the facility. At this time, we do not know If there
ore elevated levels of emissions from the facility that would pose risks to people. We look forward to sharing information about monitoring plans and the air quality data we collect. State agencies and local public health officials will announce meetings with community members and Entek employees next week, as soon as logistics are finalized,
Tactics
At this stage, we expect a 3-phase process to resolve the questions about potential health risks for Lebanon residents due to TCE exposure. There may be additional phases, depending on what monitoring tells us. We do not know how long each of these phases may last.
Reducing risk and community concern
Ph 1: Inform Community
R_;saluti01t
Meeting with Entek
Inform company Discuss employee notification
Initial Meeting by April 6
DEQ (WR Qir Quality Program} OHA OSHA
4
17cv01906 Sierra Club v. EPA
ED_001523B_ 00000109-00004
PHASE ONE
PHASE TWO
Letter to Entek employees
Letter to residents
Outreach to businesses
Explain risks Explain steps agencies are taking Promote community meeting Explain risks El<plain steps agencies are taking Promote community meeting Fact sheet Talking points
April 10 April 10 April 10
Engage Samaritan and Fact sheet other health providers Physician guidance
April 10
News Release
Webpage
Notlfy legislators
Ill $hare news
r~Jase
llll Meetings Brief local elected officials
Announcing further steps/Informational meeting. Explain risks Explain steps agencies are taking Post;,!!loryltoring results Explain risks Explain steps agencies are taking
Explain risks Explain steps agencies are taking to gather data
Create G011Delf\'el'y Hst ~lite~rnafl subscrlptfon
1IJJttc,pnwidebpl!ates ft> ,fnlirated -pifttes.
April 10 April 10
~riro:
April 10 April 10
Social media po_sts
Sffanl~ -~tease cteite'"'1fi'ta'g:
~en:1(ttebanon
April 10 Ongoing
communify Meeting
Provide information to
public on ongoing efforts
April 13
~edia avallabiffty
Explain risks Explain steps agencies are taking to gather data
News release
Report monitoring results TSO
Report agency actions
OHA/OSHA/DEQ
OHNDEO/Linn PH
Linn Public Health
Linn Public Health/OHA
DEO/OHA/OSHA
DEO/OHA
DEO/OHA
Linn County PH OHA DEQ DEQ
(r--o )( J 17r r,. .,,,.,
7
f: '":
-( Cl'..)
,::;('
---~-:,~- -=::;;:::
WR Pi.ti>lf,=
shares from partner agencies DEQ/OHA/OSHA, Linn County Public Health DEQ/OHNOSHA Linn County PH
DEQ/OHA/OSHA
5
17cv01906 Sierra Club v. EPA
E D _0 0 1 5 2 3 B_ 0 0 0 0 0 1 0 9 - 0 0 0 0 5
Webpage
Post monitoring results
TBD
DEO/OHA
Notify legislators
Report monitoring results TBD Explain steps agencies are
taking to reduce risks
Brief local elected officials
Report monitoring results TBO
Explain steps agencies are
taking to reduce risks
Community meeting
Explain risks based on
actual data
Explain steps agencies are
taking to reduce possible
risks
Convene Public Health Engage community
TBD
Assessment Advisory
Committee
./.J
Linn County PH
CHA DEQ
OHA/OSHA/DEQ Linn County PH
CHA
Tools/artifacts
News release
Talking points for Entek meeting
Talking points for legislators/local leaders Talking points for community meeting Talking points for businesses
Physician guidance Fact sheet for community (including translation)
Fact sheet for Entek employees Web page for providing updates and reporting air monitoring results
Information line (need language support) Timeline
legal/program requirements
The facility's air permit is currently in the renewal process. DEQ will provide public comment. on that
permit and follow applicable legal and program requirements.
Agency roles The communications effort will need to involve multiple agencies and explain varying standards and risk levels:
As an environmental agency, DEQ regulates emissions from the facility
OHA is charged with protecting human health and uses health-based standards. OSHA regulates worker safety
6
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00006
OSHA regulatory levels are significantly higher the other regulatory health based standards.
Linn County Public Health Department is the local public health agency,
Direct communication !Regular reporting
Engage legislators/local officials
Reach Meeting participation Tone Engagement with social posts
Website visits P:>Jctiy~,coveras,:Jri local media: focus on agency actions
tMtlsage pull-through
Tone
No editorials
Posture/tone
17cv01906 Sierra Club v. EPA
7
ED_001523B_00000109-00007
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00008
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00009
4uring the ~ruslon procesS, th~se.&f.S~$ ,se:ape.as fu~itive
: ..:, !&P~~,:ilt,~:~1,e;i:ti\rA,ioo~~u~;_,
bY ~h, tP~,<ehlct1 1$ll~lyto be b~ght up .
. . ., ts i'.tslQ&tsnoftQ.Yetod by thls ha~. .
,' ',,,'
t:'' ,,,,'
' '
,,, ' '
'
,..
,,,,
plahto place eir monitors at th.
'
'''" "
u
,,
"
>' ' ' ' '
'' '
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-0001 0
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00011
17cv01906 Sierra Club v. EPA
ED_001523B_00000 109-00012
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00013
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00014
From: To: Cc: Subjct:
Oat:
VVbffitipJ! f.Lu.,t1~uJ
~mUUtiQ!.' 'GOY; AVNA(:Uaup GOV t!.QQ'i.i,~ .'...!.'i.t:L; l:!KiLUs:rs:; LE.1.0!.JtU,i::.~J,; ;t.tlIBl.EY..L.lhlJJhl"i; :.ids.tli.tl.Ltil!.lI:
Enter - Air Permit Renewal Friday, January 20, 2017 5:36:33 PM
Jason and Lauri: Every three years, EPA prepares a list of facilities and estimated emissions of air
toxics know as NATA (the National Air Toxics Assessment). The purpose of NATA is to serve as a high
level screening tool for state/tribal and local governments to prioritize their work on controlling pollutants and to identify locations of interest for further study. We are in the midst of the latest NATA update and EPA has recently shared some of its draft estimates with Oregon.
At the same time, the science on the health risks (cancer and non-cancer) from air portutants is continuing to be refined. One area in particular where refinement has occurred is with regard to the volatile organic compound TCE {trichloroethylene). TCE is used as a solvent (historically in many dry cleaning operations) in degreasing metal. More recent federal agency actions have lowered levels for recommended exposure limits.
Entek is a manufacturer of components for batteries, including lithium-ion batteries. From the outset, DEQ has included conditions in Entek's air permits addressing TCE emissions, and the company has worked to reduce emissions over time. Entek's air permit is up for renewal and at the same time EPA's preliminary NATA data have raised some concerns that levels ofTCE emissions may pose health risks.
DEQ and OHA are working together to: (1) refine our information about actual (as opposed to estimated) emissions of TCE; and (2) refine our information about locations around the facility where people may have a risk of exposure to TCE at levels exceeding those recommended by EPA and ATSDR. We are evaluating whether this situation warrants the placement of an air monitor, and (if so} where a monitor would best be placed to confirm exposures. At this time, we do not have information that demonstrates any imminent or substantial risk to public health, but the agencies are making it a priority to further evaluate the situation. In any event, this concern will be fully addressed in the context of Entek's air permit renewal. In the meantime, if you have questions or concerns, please do not hesitate to contact me or Lynne.
17cv01906 Sierra Club v. EPA
ED_001523B_00000 109-00015
From: To:
'.i~~.C!D~
wtvt:rruw R,c11,wJ
Cc: SubJct:
~l;il;lEl~.i.Q::t
Re: Ent@r Air Permit Renewal
Daw:
Sunday, January 22, 2017 6:44:19 AM
- - - - -.---------,~~~------------"
Thank you Richard - I have shared this with Jeremy, the Governor's Health Policy Advisor.
We will want to keep him in the loop as well.
Sent from my iPad
On Jan 20, 2017, at 5:36 PM, WHITMAN Richard <d,.:liarJ, ,., l111man 1./stak,pr.u::> wrote:
Jason and Lauri: Every three years, EPA prepares a list of facdities and estimated emissions of air toxics know as NATA (the National Air Toxics Assessment). The
purpose of NATA is to serve as a high level screening tool for state/tribal and local governments to prioritize their work on controlling pollutants and to identify locations of interest for further study. We are in the midst of the latest NATA update and EPA
has recently shared some of its draft estimates with Oregon.
At the same time, the science on the health risks (cancer and non-cancer} from air
pollutants is continuing to be refined. One area in particular where refinement has
occurred is with regard to the volatile organic compound TCE (trich!oroethylene). TCE is used as a solvent (historically tn many dry cleaning operations} in degreasing metal. More recent federal agency actions have lowered levels for recommended exposure limits.
Entek is a manufacturer of components for batteries, including lithium ion batteries. From the outset, DEQ has included conditions in Entek's air permits addressing TCE emissions, and the company has worked to reduce emissions over time. Entek's air
permit is up for renewal and at the same time EPA's preliminary NA.TA data have raised
some concerns that levels of TCE emissions may pose health risks.
DEQ and OHA are working together to: (l) refine our information about actual {as opposed to estimated} emissions of TCE; and (2) refine our information about locations
around the facility where people may have a risk of exposure to TCE at levels exceeding
those recommended by EPA and ATSDR. We are evaluating whether this situation warrants the placement of an air monitor, and (if so) where a monitor would best be placed to confirm exposures. At this time, we do not have information that demonstrates any imminent or substantial risk to public health, but the agencies are making it a priority to further evaluate the situation. In any event, this concern will be fully addressed in the context of Entek's air permit renewal. In the meantime, if you have questions or concerns, please do not hesitate to contact me or Lynne.
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00016
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00017
From:
To:
Subject Date:
'.i~N.OrufYJ!!rf!!l't..'. . .Gm'. ~tilllS.Y.J!lQlliL;,...GOV FW: Enter Air Permit Rtnewal
Monday, January 231 2017 9:16:08 PM
fyi
From: Saxton Lynne [lynne.saxton@state.or.us] Sent: Sunday, January 22, 2017 6:44 AM To: WHITMAN Richard Cc: VANDEHEY Jeremy * GOV Subject: Re: Enter Air Permit Renewal
Thank you Richard - I have shared this with Jeremy, the Governor's Health Policy Advisor.
We will want to keep him in the loop as well.
Sent from my iPad
On Jan 20, 2017, at 5:36 PM, WHITMAN Richard <ri~hiJ.J.:!.Jy,Jlilm.i.!ll.(l.:,t,;ih\.ELt,b> wrote:
Jason and Lauri: Every three years, EPA prepares a list of facilities and estimated
emissions of air toxics know as NATA (the National Air Toxics Assessment). The
purpose of NATA is to serve as a high level screening tool for state/tribal and local
governments to prioritize their work on controlling pollutants and to identify !ocations of interest for further study. We are in the midst of the latest NATA update and EPA has recently shared sorne of its draft estimates with Oregon.
At the same time, the science on the health risks (cancer and non-cancer) from air pollutants is continuing to be refined. One area in particular where refinement has
occurred is with regard to the volatile organic compound TCE (trichloroethy!ene). TCE is used as a solvent {historically in many dry cleaning operations) in degreasing metal. More recent federal agency actions have lowered levels for recommended exposure
limits.
Entek is a manufacturer of components for batteries, including lithium-ion batteries. From the outset, DEQ has included conditions in Entek's air permits addressing TCE emissions, and the company has worked to reduce emissions over time. Entek's air permit is up for renewal and at the same time EPA's preliminary NATA data have raised some concerns that levels of TCE emissions may pose health risks.
DEQ and OHA are working together to: (1) refine our information about actual (as opposed to estimated) emissions of TCE; and (2) refine our information about locations
around the facHity where people may have a risk of exposure to TCE at levels exceeding those recommended by EPA and ATSDR. We are evaluating whether this situation
warrants the placement of an air monitor, and (if so) where a monitor would best be placed to confirm exposures. At this time, we do not have information that demonstrates any imminent or substantial risk to public health, but the agencies are making it a priority to further evaluate the situation. In any event, this concern will be
17cv01906 Sierra Club v. EPA
ED_001523B_00000 109-00018
fuHy addressed in the context of Entek's air perrnit renewal. In the meantime, if you have questions or concerns, please do not hesitate to contact me or Lynne.
17cv01906 Sierra Club v. EPA
E D _001523B _ 00000109-00019
17cv01906 Sierra Club v. EPA
ED_001523B_00000 109-00020
ED_001523B_00000109-00021
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00022
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00023
ED_001523B_00000109-00024
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00025
From:
To: Subject: Date:
1:lll:;hillt:ltd11cti.e__~_.G01i L,fti.I,S;BE;Rf{Y.llliQ.n...~.Ji.QY; tlUNMU..amL.: .GQ'/_
ENTEK Emissions
Friday, April 07, 2017 11:25:07 AM
Just an FYI -
In case you hear about it in the media thls weekend:
ENTEK of Lebanon manufactures and sells lead-acid separators, lithium-ion separators, extruders, etc. Mary Camarata filled me in this moming that DEQ has detected high levels of TCE, tetra chloro ethylene emissions. She believes media knows and that we'll be hearing about it soon. DEO is working with the company .
.h1di te J1f1kali>111s
Sc1u1h \'alley /\ltd< \a!>l Rt't!ional Sl1lu11on:- ( nordina1v,r
( )l'f'tcl! of ( il1\ ernor Kali.: Brpwn
50.~.-:,..:~l-(,X7l (11111hi/i.')
1"7 1 !r;.wkl111 BIid
I ug,:n,i. OR 97 w:: l'h.'
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00026
From:
To:
Subject: Date:
NJtlA-~.:..1-Q'i t:11Mt.QI:il5.Jai;.!ue...:_G.QY.; LJ.!li'.l~:!il!s..~.1l~~'.I'.; (-l1NER.1J~!~J;l.Y. RE: ENTEK Emissions
Friday, April 07, 2017 11 :37:48 AM
Tt1<mks - looping 1n Jason M
1 /\t;nA1't
from: MIKALONIS Jackie * GOV
Sent: Friday, April 07, 2017 11:25 AM To: LEWIS-BERRY Jason GOV <Jason.LEWIS-BERRY@oregon.gov>; AU NAN Lauri* GOV <Lauri.AUNAN@oregon.gov> Subject: ENTEK Emissions
Just an FYI-
In case you hear about it in the media this weekend:
ENTEK of Lebanon manufactures and sells lead-acid separators, lithium-ion separators, extruders, etc. Mary Camarata filled me in this morning that DEQ has detected high levels of TCE, tetra chloro ethylene emissions. She believes media knows and that we'll be hearing about it soon, OEQ is working with the company .
.Jt,1/'l.:.ie :~t1kafoni'i
S,1ufh Valky. \1itH.'o;,ist l<qpnnal S(1lutiP11s Cnordin.i!or Offii:1.: of' (io\ c-rnor Kate Brm, !l
so:;..:-o{J-<,X7I (wo/,i/.')
171: lt,rnktin Bhd
17cv01906 Sierra Club v. EPA
E D _0 0 1 5 2 3 B _ 0 0 0 0 0 1 0 9 - 0 0 0 2 7
,rom: To: Subject: Dte:
l':ll~Uu~c..:..(,if.1'.\! AlJ.H/llt!.J.Jll,(O_' .WY'.; U:iil~.!2L::BBJ...!.il~J:L'. G~ t::!l!~.Kla:;i;;n .: SiJY RE: ENTEK Emissions
Friday, April 07, 2017 11:51:29 AM
Thanks.
Jackir .:ti.ltA'.afollls
Snuth Valky Mid-( uast Reg1nnal S(1lutio1i:-. Coordin:.lt(lr ( HTi..:l' of< in\ enmr Katl' Bt'tm n
17 1:, l1.Jnl,,li1, Bhcl I tl_~.\!lW. ( )j{ ,,:Jq_;.] ,.),;_;
From: AUNAN Lauri * GOV
Sent: Friday, April 07, 2017 11:38 AM To: MIKALONIS Jackie GOV <Jackie.MIKALONIS@oregon.gov>; LEWIS-BERRY Jason GOV <Jason.LEWIS-BERRY@oregon.gov>; MINER Jason GOV <Jason.MINER@oregon.gov> Subject: RE: ENTEK Emissions
Thanks .... looping in Ja1:;on M
From: MIKALONIS Jackie* GOV Sent: Friday, April 07, 2017 ll:25 AM To: LEWIS-BERRY Jason * GOV '-----.. ,.._,__.__"~----"---- ................. _.....,............,.,~~
AUNAN Lauri * GOV
Subject: ENTEK Emissions
Just an FYI -
In case you hear about it in the media this weekend:
ENTEK of Lebanon manufactures and sells lead-acid separators, lithium-ion separators, extruders, etc. Mary Camarata filled me in this morning that OEQ has detected high levels of TCE, tetra chloro ethylene emissions. She believes media knows and that we'll be hearing about it soon. DEQ is working with the company.
17cv01906 Sierra Club v. EPA
E D _0 0 1 5 2 3 B_ 0 0 0 0 0 1 0 9 - 0 0 0 2 8
h1dJ t1' 'f\l 1ka/~)J1 ts Sr,uth \'al! 1.:') tvli.J..c,.:.i:,t R1:c!it11al S11lution,- ( nnrdi11..1t\lr <)lJk,.:, 1f ( i1wenH1r K,H\..' Bi 1)\'1 ll '\{J1./,:,'\ I ~X7 J (1110/,i/<)
1 t5 r1,mkllll [,hd
I uiJe11,:. OI?. w:,,w_,.. ,c1,,,
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00029
From: To:
Subject:
Date:
E.l.:l'.!:H..knruf!>.r t!{J:(:M.0..AY...acclIL.'..ill'L FW: Media Contact: Entek and records request
Mond;,y, April 10, 2017 5:08:42 PM
Date and Time Contacted: 4/10/17
Publication/Station: The Oregonian Reporter's Name and Phone Number: Rob Davis, 503.294.7657
Topic Discussed:
Rob Davis sent the following email:
"Richard, Jennifer - writing on deadline about the injunction vs DEQ on the Entek case in Linn County. Wanted to give you all a chance to weigh in if you want to. Also want to be sure that the injunction is still in place and that the court took no action in the hearing that was scheduled this a.m. Please let me know soonest - thanks."
He wrote back and said he got what he needed and did not need to talk to us. We aren't able to speak about this matter right now.
He contacted OHA as well.
Via OHA, Rob Davis requested a log of all public records requests received by OHA or the Cleaner Air Oregon program since 1/1/17. We'll ask Rob to submit the request electronically. We'll likely give him the entire log of requests since 1/1/17.
When I called Rob back about his PRR. He asked me, in general if the agency has ever received a TRO in its history. He didn't specify a company. I told him I've only been here a short time and wasn't aware of a history TROs.
Reporter's Deadline: n/a
ED_001523B_00000109-00030
__ __ - -~----------- ___ ___ ___ Front:
~
Io:
&l~
----- IMte:
Monday, Ap-i to, 2017 10: 18:23 PH
...... , , _ , , . . ,
.,
. .\\, ...
-... ....
___.,,_~_ ___ ....._,., , ,.
....
Gag order keeps Oregon from telling publlc about cancer-causing pollutant
ED_001523B_00000109-00031
Fro.n: lo:
SubJe,ct1 Oat~:
&JlWj llW * u!:lx'.
~ ~ ! J i a i ;I l l ~~ ~ ~-YR<llf~wai;Z~WKGi:i1 ~
Amel&
Moodi,y, Aprl rn, 2017 10:21:04 PM
Assume you bave seen but if not, fotwardiug
LauriAunan Policy Advisor Office of Governor Kate Browu
503-373-1680
Gag order keeps Oregon from teltlng
public about cancer-causing pollutant
ED_001523B_00000109-00032
Froro: To: Dau-:
~ ~
Mond.,y, April 10, 2017 to:22:15 PM
Gag order keeps Oregon from telltng
public about cancer.causing pollutant
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00033
This il!S an intttmi!I communication and may be confidential. Portions of this document are advisory in nstU1t1 and mey be exempt from public disclosure pursuant to ORS 192.502(1).
Kate Brown
Governor
Briefing Memo Attorney Client privileged and confidential
Subject:
Briefing by OHA, DEQ, and OSHA on Lebanon air quality and health risk assessment
Date:
4/5/17 for 4:00 PM briefing in GCR.
This Memo Prepared By: Jason Miner
Preparer's Cell:
503-580-2228
Copies:
GKB, Ben Soude, Elana Pirtle-Guiney, Victoria Demchak, Gina Zejdlik
At 4:00 you will be briefed by DEQ, OHA, and Oregon OSHA on an emerging air quality and health risk. The briefing will include the technical infonnation, a timeline for
action, and a public communication/engagement plan.
Tomorrow, on Thursday April 6th DEQ, OHA, and Oregon OSHA will meet with Entek in Lebanon to discuss health risks. Entek's Lebanon facility produces microporous plastic sheets used as lead acid and lithium ion battery separators. The company uses trichloroethylene, commonly called TCE, as a solvent in its manufacturing process. TCE is associated with cancer and noncancer health effects. Recently, as part of the Cleaner Air Oregon regulatory overhaul, OHA and DEQ reviewed health exposure data and reference guidance for TCE from EPA and ATSDR. As part of this process, the agencies became aware of evolving science related to health effects ofTCE exposure including links to heart malfotmation in infants.
EPA's preliminary human exposure modeling data indicates Entek's trichloroethylene emissions potentially exceed 12-month health levels for health risk. Based on those findings, DEQ requested refined modeling that shows potential exceedance of short- and long-tenn risk levels.
ED_001523B_00000109-00034
This is sn intemel communication and may be co11fidential. Porlioms of this documflnt are advisory in nature and may bt!I exempt from public disclosure pursuent to ORS 192. 502( 1).
OHA works collaborativeJy with county health departments and briefed Linn County's
health department this week. On Monday April I0th, the agencies intend to issue an invitation to a public meeting on April 13th to discuss these risks.
DEQ intends to deploy air monitors to gain actual TCE concentration data and will be briefing the company about the additional air monitors on April 6th. DEQ will detennine further steps based on the findings of that analysis.
Though there are presumed and modeled health risks, Entek is currently in compliance
with its air pennit and it is not cmTently subject to any National Emission Standard to
control trichloroethylene emissions. In addition, Entck is in compliance with Oregon OSHA standards for TCE, which are not aligned with more recent EPA and Agency for Toxic Substances and Disease Registry short-tenn reference guidance. The company has been working with DEQ and OHA and is voluntarily adding additional emission controls.
The agencies have established the following statement as well as communication goaJs and strategies.
Agency Statement:
State environmental quality regulators and health experts have been reviewing health risk thresholdsfi;r hundreds <?lair toxics as part ~lthe Cleaner Air Oregon regulatory reform. As p'1rl ofthis process, we revieHed human health datafi-o,n EPA and computer models vf TCE emissions at Entek. 171e next step is to set up air monitors to gather data fiom the vicini(Y olthefucility. At this time, we do not know ifthere are elevated levels of emissions from the facility that wvuld pose risks to people. We lookfonrnrd to sharing il!formation about monitoring plans and the air quality data we collect. State agencies and local public health officials will announce meetings with community memhers and
Entek employees next week, as soon as logistics are finalized.
Communications Goab: Explain possible health risks: Infonn neighbors, Entek employees, local officials and members of the broader community, including nearby schools and a veterans home, about potential health effects of TCE emissions at Entek. Demonstrate agency actions: Show how OHA and DEQ are taking action to gather information about possible exposure and reduce any potential risks, within current federal and state rules. o Address concerns about regulatory gaps: Discuss Cleaner Air Oregon regulatory overhaul in response to questions about gaps in cu1Tent rules. Build community trust and support through transparency: Provide transparent, timely and culturally competent information.
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00035
Thi& i:. an internal communication and may be confidl!lntial. Portions of this document are advisory in nature and may be exempt from public disclosure pursuant to ORS 192.502(1).
Communications Strategies: Direct communication to people most affected: Communicate directly to employees and neighbors through letters and meetings. Provide infoimation in plain language. Identify and engage non-English speaking communities.
Regular reporting/web site: Establish platfonn for timely, accurate and reliable
information. Leverage earned media to educate public and demonstrate agency action:
Proactively engage local and regional media. Close communication with local elected officials and legislators: Keep state
and local leaders informed at each stage of the process.
17cv01906 Sierra Club v. EPA
ED_001523B_00000 109-00036
This is an int1tml!ll communication and may be confidential. Portions of this doculTlflnt N9 adviMry in naturo tJnd may be exempt from public disclosure p/Jf3ull/1t to ORS 192.502(1).
Kate Brown Governor
Briefing Memo
Subject:
Lebanon
Date:
4/6/17
This Memo Prepared By: Jason Miner
Preparer's Cell:
503-580-2228
Copies:
Ben Soude, Gina Zejdlik
On 4/3/17 DEQ's Deputy Director conveyed a request from the Chair of the Linn County Commission to meet with the Governor and agency directors about an emerging air quality and human health risk assessment issue in Lebanon, OR. The purpose of the meeting request was unclear and in order to better understand the issue, an initial briefing
for the Governor's office was scheduled for 4/5/17. My understanding of the purpose of
the County Chair's meeting request is as follows.
DEQ, OHA, and OSHA briefed the Governor's office on recent history of modelling and monitoring data associated with a company in Lebanon that uses Trichloroethylene (TCE) in its manufacturing process. The company (Entek) is one of two battery separating companies in the United States.
In January, the DEQ had received from the EPA preliminary modelling information from routinely gathered air quality data that indicated there might be levels ofTCE that pose a risk to human health. DEQ conducted refined modelling in February and March that continued to raise concerns about TCE levels. In order to assess the validity of the modeHing, DEQ proposed putting air quality monitors in a variety of locations around the facility. DEQ, OHA, and OSHA scheduled a meeting with the company for April 6th in part to discuss this.
On March 31 Jt, OHA met with their local partner, the Linn County health department, to brief them on the issue. The Oregon Health Authority and county health agencies public health partners have an IGA by which public health is delivered locally. It is part of
17cv01906 Sierra Club v. EPA
ED_001523B_00000109-00037
This i:s tin internal communication and may be confidential, Portions of this document are advisory in nature and may be exempt from public disc/osur9 pursuant to ORS 192,502(1).
standard protocol to engage county health partners when there are health issues in their jurisdiction.
From that briefing, the local health administrator rep011ed the desire to place air monitors to the County Administrator. The County Administrator spoke with the Chair ofthe Board of Commissioners, and the County Chair made a request through the County Administrator to meet with the Governor and agency directors. The agencies offered to have the Public Health Director and DEQ Deputy Director, who would be meeting with the Company on April 6th, meet with the Board of Commissioners immediately after the meeting with the company, but the County Chair. That offer was declined and the County Chair indicated he wanted to meet with the Governor and agency directors.
The County also conveyed that the Board of Commissioners would meet in executive
session on the morning of Thursday April 6th to discuss DEQ, OHA, and ASHA health
monitoring. Members of the media are often present in County Commission executive sessions.
In order to be aware of both the meeting request by the Linn County Chair, and in order to be aware of any media arising from the County Commission meeting or the Agency meeting with the Company on April 61h, I felt it was important you have this information.
11111 I
11
I I 111-111 I
ED_001523B_00000109-00038
