Monday, May 10, 2004 - Dow Community Advisory Panel Minutes

The Dow Community Advisory Panel met on Monday, May 10, 2004 at 6:00 p.m. at the Dow Conference Center. Those in attendance included the following:

After the facilitator welcomed those present, the panel approved the minutes of the April 12, 2004 meeting.

DEQ Ozone Presentation
Mr. Maurice Oubre, a 34+ year Dow retiree who has been with DEQ for the past 4 years, stated that NOX and volatile organic compounds (VOC) combine with heat and sunlight to make ozone. The Baton Rouge area was reclassified as "severe" because it did not reach ozone attainment in 1999. There are 10 monitors in the 5-parish area of East Baton Rouge, Iberville, West Baton Rouge, Ascension, and Livingston. A 1-hour exceedance is a reading of over 125 ppb, and usually occurs when the wind is still, and between the months of May and August. Each monitor can have 3 1-hour exceedances over a 3-year period. The Capitol and LSU locations have already exceeded their limits and are out of attainment for 2004. If they are not in attainment by 2005, penalties will be levied on industry in the area. On March 20, 2004, there was a one-hour average ozone exceedance at the Baker monitor.

Exceedances of the 8-hour standard are those over 85 ppb in an 8-hour time period. Between 2001 and 2003, the Baton Rouge area had readings just barely over 85 ppb. It is expected that the LSU station will exceed the limit during 2004.

Mr. Oubre stated that analyzes for ozone, NOx, wind direction and UV light, are conducted at all 10 monitors. As NOx is produced when there is combustion, DEQ is looking for sources of NOx by sampling 8 3-hour samples. Additionally, the monitors at LSU and the Capitol have been upgraded to continuously catch samples.

Industry will be asked to review their environmental management systems as part of the action plan for Summer 2004.

Answers to Questions Included the Following:

1. The Houston area has 52 monitors. New Orleans has only 1, which is located at City Park.
2. The use of reformulated gasoline (RFG) will not do much to ease the ozone problem in the Baton Rouge area.
3. Once an area is required to begin using RFG, it can never return to using non-reformulated gas.
4. RFG is made with the compound (MTBE), which is harmful to groundwater. Area refineries will use ethanol instead of MTBE in the production of the RFG.
5. The state requires that gas pumps with gasoline that is 10% ethanol be marked indicating that that is the case.
6. The purpose of RFG is to reduce the amount of VOCs and will produce a very slight advantage. Approximately .01 ppb reduction in ozone is expected in the Baton Rouge area.
7. DEQ has instituted a rule to reduce NOx at industrial sites by requiring these facilities to install equipment to reduce NOx to 30%. By May 1, 2005 all industry in the 5-parish area must be in compliance with this rule. The cost to industry to install this equipment will amount to $100 million. Dow's NOx emissions should be reduced by 25% by 2005.
8. There are 30+ DEQ employees who work on the area's ozone problem.
9. DEQ has impromptu inspections of industry. Emissions are checked, processes are reviewed, and the flanges are monitored for leaks. Exit meetings with environmental leaders and plant managers are held after the inspections are complete.
10. Bob Hannah, Technical Advisory to the DEQ Secretary, is responsible for ozone management at the agency.
11. The LSU monitor is located at Kirby Smith Hall and the Capitol monitor is located near the Governor's Mansion. Ms. Baldridge will provide the CAP with the location of the Bayou Plaquemine monitor at the next meeting.
12. The Clean Air Act determines which areas are in ozone nonattainment. The City of Baton Rouge is suing the EPA on the basis of the absurdity clause within the Clean Air Act.
13. Although flaring is not currently coordinated with other area plants, discussions will be held with the Iberville Chemical Council to determine if this is a possibility.
14. The overall ozone level is lower now than in the 1970's.

Ms. Baldridge stated that DEQ's presentation was made to Dow management and management has been asked to look for projects to help reduce emissions. Two boilers were shut down at the Power II plant after the NOx rules were reviewed. Dow is also shutting down its older boilers and gas turbines. Under Dow's ozone action plan, which was activated on May 1, 2004, power plant operations will review power generation in loading and shutdowns, and report to DEQ. Management will talk with employees to seek their help as citizens of the area.

In response to a question by the facilitator, some panel members stated that the perception is that industry is a major contributor to the problem. If industry says that it is not entirely their fault, area residents will feel like they are being punished anyway. A panel member stated that the 5-parish area must accept responsibility for the problem and parish governments need to communicate to the area what is happening.

Mr. Trusty stated that big improvements have been made in air quality. He did not think that RFG will make much difference in the area's ozone level, and thanked CAP members for their feedback on the topic.

Responsible Care Updates
Ms. Williams provided the panel with Responsible Care Updates for April 13-May 10, 2004 (attachment). She stated that the Cell Service area had attained 6 years without an OSHA injury. A contractor in the area broke his finger while lifting a device with broken handles. There have been 6 Site OSHA injuries thus far in 2004. There were no agency reportables for this time period. Dow has recorded 9 agency reportables to this point in 2004.

"Dow in the News"
Ms. Babin provided the CAP members with a copy of "Dow in the New - Louisiana Recap of April 2004" (attachment). She then provided information on Dow's community updates (attachment) stating that $20,000 will be donated to 10 schools (6 in Iberville Parish, 6 in West Baton Rouge Parish, and 2 in Assumption Parish). Kids Fest will be held on June 12 at the Baton Rouge Centroplex. Free tickets will be mailed to area residents (including CAP members).

Around the Table
In response to a question by a panel member, Mr. Trusty stated that job cuts at Dow will be primarily at the top. Dow is in the process of hiring 23 operators and 9 engineers at the Plaquemine site.

Next Meeting
The next Dow CAP meeting will be held on Monday, June 14, 2004 at 6:00 p.m. at the Dow Conference Center. The agenda will include a plant tour and/or an explanation of plant processes. A photograph of CAP members will be taken on the tour. If CAP members prefer not to be included in the photograph, they should contact Ms. Babin. Ms. Babin advised CAP members to wear closed toe, hard-soled shoes and pants on the plant tour.