HANDOUTS

• Agenda, April 24, 2003
• March 20, 2003, Community Liaison Council Meeting Minutes
• National Institutes of Health Community Liaison Council Member Roster (as of April 23, 2003)
• Copies of Clean Air Presentation Slides

WELCOME

Dr. Thomas Gallagher, Director of the Office of Community Liaison (OCL) and Community Liaison Council (CLC) Co-chair, welcomed CLC members. He asked members to review the minutes of the March meeting and to comment later if there were changes.

Dr. Gallagher said he appreciated the opportunity to attend the Whitehall Condominium Association meeting on April 23, 2003, at the invitation of Dr. Lucy Ozarin. He said he would be happy to attend meetings of other CLC member associations.

Dr. Gallagher provided an overview of the agenda and added that Lesley Hildebrand, CLC representative from Huntington Terrace Citizens Association, would speak about the results of a survey by her citizens' association. He introduced Kenny Floyd, Acting Director, Division of Environmental Protection, NIH, who invited Dave Mummert, Maryland Department of the Environment (MDE), to present information about Maryland's Title V Program and the Clean Air Act Permit under consideration for the NIH.

PRESENTATIONS

Maryland's Title V Program and the Clean Air Act Permit under Consideration for the National Institutes of Health
by Dave Mummert, Maryland Department of the Environment

Mr. Mummert said the MDE will issue a new air quality permit to the NIH. He noted that the Title V amendment to the 1990 Federal Clean Air Act focuses on air quality permits. There are three types of permits: permits to construct, issued prior to new construction; state permits to operate; and Part 70 operating permits. Mr. Mummert said Part 70 permits apply to post-construction follow-up, where in Maryland, the state sets up periodic monitoring, testing, and record keeping regarding emissions at NIH from boilers, generators, the cogeneration plant, and underground gasoline storage tanks. These items have applicable standards for fuel-burning equipment for sulfur, nitrous oxides, and visible emissions. Part 70 allows for public participation, Environmental Protection Agency, and (affected) state comments on operating permits. The process for commenting on permits in Maryland consists of an announcement made by the State followed by a hearing after 30 days. Mr. Mummert hoped to correct a major misunderstanding that, although Part 70 requires monitoring, the Title V amendment cannot be used to create new standards or limitations. Instead, he said these are created by consent order or regulatory practice.

Mr. Mummert said under Part 70, Section IV, that the NIH is to produce a plant-wide condition report every six months (most recently on April 1, 2003), which is used to determine compliance. In addition, he said there are two annual reports—a compliance certification report and an annual emissions certification report. Mr. Mummert said NIH signs that it has complied and submits this report to the MDE. The NIH report identifies each of its emission units, including boilers, generators, and underground storage tanks for vehicle fuel. NIH reports testing results, monitoring results, and record-keeping on each unit.

In reply to Edgewood Glenwood Citizens Association representative, Stephen Sawicki's question, Mr. Mummert said the emissions from NIH stacks of nitrous oxides is 60 to 90 tons per year, and also there are minor amounts of particulate sulfur oxide, carbon monoxide, and volatile organic components released. Mr. Sawicki asked what tonnage increase would this permit allow. Mr. Mummert said that there is a capped amount for emissions, and, he said, overall, NIH emissions have gone down. Mr. Mummert said the inspection performed by NIH focuses on having no visible emissions. He said Section V includes items with small emission points, including small boilers and furnaces, stationary internal combustion engines, and low-volatility fuel oils. Dr. Ozarin asked about vapor appearing intermittently near the cogeneration plant, and wondered what caused it. Mr. Mummert said mostly there is steam at that location, depending on atmospheric conditions, and there were no particulates in the vapor. In follow-up to another query by Mr. Sawicki, Mr. Mummert said toxics released at NIH are products of incomplete combustion and have little or no effect on the surrounding community. Mr. Mummert emphasized that the NIH is in compliance.

Mr. Mummert said that Maryland's program, which began in 1996, lost approval for a year's time, with full approval resuming in February, 2003. George Oberlander, Huntington Parkway Citizens Association, asked what entity completes the checks, and whether there is a cumulative assessment of emissions in the local area and adherence to national ambient air quality standards. Ralph Schofer, Maplewood Citizens' Association, asked about cumulative assessment for the region. Eleanor Rice, Locust Hill Civic Association, wondered where regional monitoring began, for instance at a set border. Mr. Mummert said monitoring takes place mostly at ground level, although he said there is some upper level monitoring. In addition, he noted that monitoring is both global and local. Ms. Rice also asked how scrubbers operate in stacks. Mr. Mummert said the gas vapor stream is exposed to water, which is recycled and eventually released into the sanitary sewer.

Mr. Oberlander asked if the Environmental Protection Agency (EPA) can override decisions about permits. Mr. Mummert said that EPA's role is oversight, because it has few resources. Mr. Mummert emphasized that the MDE focus is on maintaining or improving current standards. He said the DC/Maryland region is in compliance except for ozone, and that the State of Maryland is developing a strategy to become compliant in that area. Ginny Miller, Co-chair CLC and representative from Wyngate Citizens Association, said that Maryland and the metro area are doing poorly meeting EPA requirements for vehicle emissions and the Federal government repeatedly threatens to take away transportation funding. If Maryland does not meet requirements, Mr. Mummert said the State must develop new plans. He noted Part 70 only discusses the stationary sources at the NIH.

For CLC members' review, Mr. Mummert brought copies of Part 70, a State-prepared fact sheet, and the docket, which includes the application and permit. He said these materials would be placed in the Chevy Chase Library. Mr. Oberlander requested the CLC receive notification when MDE announces the public hearing, rather than members having to continuously look for this in the news. Mr. Floyd added the NIH Environmental Reading Room and the OCL would have copies of the permit to review. Mr. Mummert left his business card for contacting him with further questions.

Updates on Campus Projects
by Stella Serras-Fiotes, OFP, ORS, NIH

Medical Center Metro Canopy
Stella Serras-Fiotes, Director, Division of Facilities Planning, NIH, said Metro canopy construction will begin on May 5, 2003, and should be completed by July 9, 2003. The area will be screened appropriately during construction, although she said there will be a crane positioned next to the Metro station. A crew of about 10 workers will move materials and work from midnight to 5 a.m. During the day, work will proceed with proper shielding when Metro escalators are in use by passengers.

Building 33 Risk Assessment Steering Committee
Ms. Serras-Fiotes said the Committee has received the CLC's questions and input. Within a few weeks' time, the contractor will develop scenarios and then present a hazard assessment to the Building 33 Risk Assessment Steering Committee.

Gas Pipeline
A contractor has been selected to construct the gas pipeline. At this time, Ms. Serras-Fiotes said the contract is undergoing review and negotiation, after which the contractor will hire a consultant to conduct an environmental assessment for NIH to evaluate proposed routes.

Marilyn Clemens, Maryland-National Capital Park and Planning Commission (M-NCPPC), said most of the time there is mandatory environmental assessment for all agencies under the National Environmental Policy Act (NEPA). In this case, she thought environmental assessment would be referred because there would be an impact on Bethesda traffic circulation. Ms. Serras-Fiotes thought it might be brought to M-NCPPC by Washington Gas. Because Washington Gas is not a Federal entity, Mr. Oberlander wondered if there might be legal issues involved, and asked if NIH general counsel had determined that NIH's request for a gas line is or is not a Federal undertaking. Ms. Serras-Fiotes said NIH would pay for the project, and it must comply with NEPA. She said she would confer with NIH general counsel about the legal concerns.

Security-related Projects
Ms. Serras-Fiotes said work on the security fence is proceeding and would continue approximately through July. Areas under construction are South Drive at Old Georgetown Road; West Drive at Cedar Lane; Wilson Drive at Rockville Pike; and Center Drive at Rockville Pike. Following this initial effort, she said there will be three phases toward completion of the vehicle entrances.

Ms. Serras-Fiotes reported the steel pickets for the perimeter fence are on order. Construction will begin on the south side of Campus, proceed north on the east and west sides, and then across the north side of Campus. She said the project is scheduled for completion late in 2003 or early in 2004. Mr. Sawicki observed that the mock-up fence had pickets that were easily bent. Ms. Serras-Fiotes said the purpose of the mock-up was to test the materials and those pickets had been found unsuitable and others ordered. Mr. Sawicki wondered if the cost of the fence would be affected by the change in materials, and Ms. Serras-Fiotes said the cost falls within the budget guidelines.

Visitor Center and Commercial Vehicle Inspection Area
Ms. Serras-Fiotes said that a contract had been awarded to an architectural engineering firm, which would complete the design of the Visitor Center in 9 to 12 months' time. The firm would begin with a concept study. Ms. Miller commented that anyone coming from Metro can easily gain access to Campus. Although the Center will not be completed by December, Ms. Serras-Fiotes said by then people exiting from Metro would be passing through a pedestrian gate to gain access to Campus. Ms. Rice commented on how difficult it is for buses to maneuver turns at the Metro entrance and wondered if this might be improved in the current concept. Ms. Serras-Fiotes said that the study would include the entire site and not be limited to the Visitor Center.

Ms. Serras-Fiotes said the other priority on the east side of Campus is the commercial vehicle inspection area. She mentioned that the first priorities being addressed are vehicle and pedestrian access, because NIH recognizes these as a vulnerability. Mr. Schofer asked for the phone number of Tom Hayden, OFP, NIH, who is working with police monitoring traffic at the high vehicle-use approaches at Cedar Lane and Rockville Pike. Ms. Serras-Fiotes said the police are monitoring the traffic impact onsite, and suggestions from both employees and neighbors are welcome.

Ms. Serras-Fiotes said that commercial vehicles would not be queuing on Rockville Pike, but instead would pull off onto the Campus while waiting to be inspected. She said the firm would be presenting a concept for the design after its study of the allotted area.

Metro/Pedestrian Survey
by Lesley Hildebrand, Huntington Terrace Citizens Association

Dr. Gallagher introduced Ms. Hildebrand, whose neighborhood citizens participated in a poll, during summer of 2002, about their use of the Medical Center Metro Station. Ms. Hildebrand said residents of her community were skeptical of the poll conducted by the NIH that had only 60 pedestrians counted entering Campus on their way to the Metro. She commented that these two studies differ in that NIH conducted its study in a 2-hour survey period and the Association's survey covered a 4-hour period.

Ms. Hildebrand reported that on March 18, 2003, from 6 a.m. to 10 a.m., 501 cyclists and walkers using Metro were counted by eight volunteers, who were at two vantage points. One location was the shuttle bus stop near the Metro Station, and the other was the southern approach to Campus near the stairs leading from Natcher Center (Building 45). She said the count excluded NIH employees and those walking up and down adjacent to and past the Campus and Metro. This survey found 55 pedestrians entered Metro from 6 to 7 a.m.; from 7 to 8 a.m., 112 pedestrians entered Metro; from 8 to 9 a.m., 102 pedestrians entered Metro; and from 9 to 10 a.m., 102 pedestrians entered Metro.

Ms. Hildebrand criticized the NIH survey because it did not establish the universe of pedestrians. In view of this survey by the Huntington Terrace Citizens Association, Ms. Hildebrand asked NIH no longer to use its own survey count to determine impact on residents getting to Metro. Ms Hildebrand said this alternate survey of pedestrians indicated how important access to the Metro is to close-in residents. She asked that NIH work with these residents to allow passage after the fence is constructed. In addition, Ms. Hildebrand mentioned that the NIH, in fact, allows a number of non-employees on Campus on a regular basis: patients and their visitors, construction workers, and cleaning crews.

Mr. Schofer supported a reexamination of this issue, because he believes the NIH report is flawed. Citing the issue of handling non-respondents, he expressed skepticism that NIH obtained Office of Management and Budget (OMB) permission to use this survey. In addition, he thought the limited two-hour period to conduct the NIH survey might not provide an accurate count of those crossing the Campus, noting that there are a number of types of business users coming through at times other than the 2 hours cited in the NIH study.

Ms. Debra Liverpool, YMCA-Bethesda, asked Ms. Hildebrand for clarification in the time frame between the two studies. Ms. Hildebrand said her study was conducted in March of this year. The NIH count was conducted from January to April of 2002.

Dr. Gallagher said he too thought the NIH study could be unreliable, particularly because non- respondents were omitted in the universe count, and this would skew the results. Alternately, he noted that survey research is the least reliable [method]. However, expressing faith in Ms. Hildebrand's numbers, he believes he has a strong position to take to the NIH that the number of pedestrians crossing campus to the Metro may be significantly larger than previously thought.

Mr. Sawicki commented about due diligence on the part of the NIH regarding the price of scanning devices. NIH previously cited a cost of $600,000 for a card-scanning system to gain entrance to the Campus, whereas Mr. Sawicki's research found the price to be $25,000. Dr. Gallagher said there may have been a misunderstanding about the price of scanners and the total cost of using a scanning system, which would require security background checks on non-employees obtaining such a card. Dr. Gallagher said there were cost-offsets between purchasing scannable cards, enabling employees' access to Campus and certain buildings, and reducing the number of security personnel checking identification badges at each NIH building. Mr. Oberlander felt that NIH could not absorb the cost of providing a $125 card (cost estimate per year) for non-employees. Mr. Sawicki said 30,000 people could be provided a card for $25,000. Mr. Oberlander said regardless of the number and cost, he believed the NIH would not give access to the neighbors or those over whom they had no control.

Ms. Miller thought the matter of residents using scannable cards to enter Campus would no longer be negotiable, but said if the matter is not closed the CLC would need to know if there is room to negotiate. Ms. Hildebrand wondered who is the ultimate decision-maker. Dr. Gallagher remarked that NIH may want to reaffirm the numbers. He framed his reply by asking how these data affect the plan that's already on the table, referring to the shuttle bus around the Campus' perimeter. Ms. Hildebrand added that the current NIH shuttle plan could not handle the 501 people counted in the survey. Mr. Schofer also wondered if one shuttle bus each hour would meet passenger demand.

Mr. Oberlander suggested a vote asking that the NIH reconsider its decision about the use of scanners by non-employee residents. Dr. Gallagher thought that he has a stronger position, and the CLC need not vote. Jack Costello, Bethesda Parkview Citizens Association, asked Dr. Gallagher why he thought his position would not be enhanced by an expression of support from the CLC. Dr. Gallagher said he believes that the NIH-CLC dynamic was founded in an adverserial mode, and he would rather avoid a "win/lose" setting in this matter. He offered to share with the NIH that everyone in the room agrees the issue should be reexamined. Mr. Schofer remarked there are multiple objectives and that a single solution acceptable to all parties probably would not be the result. He said even if the solution does not meet every objective, an optimal solution should be the goal. Dr. Gallagher concurred.

Marilyn Mazuzan, Town of Oakmont, remarked that a win/lose situation does describe where the CLC members are coming from. Ms. Miller said residents represented by CLC members are not at the CLC meetings, and CLC members must bring information back to their communities. She said residents want to know if they may walk across Campus to get to the Metro station. She said because NIH is big, neighbors feel they haven't got a chance against it and feel like they are, in fact, losing.

Ms. Liverpool noted a point of order regarding a motion made by Mr. Oberlander. This motion was seconded by Ms. Rice.

Motion:
"On the basis of the Huntington Terrace Citizens Association survey, showing over 500 persons between the hours of 6 and 10 a.m. entering the Metro from various neighborhoods surrounding the NIH, reconsideration should be given to the concept of allowing certain residents to be able to get through the gates in some fashion."

This motion received unanimous agreement by the CLC members.

Other items

Ms. Miller, a member from the general public appointed to the NIH Biosafety Committee, reported attending a meeting to consider an infectious influenza research project, proposed by a researcher from the Centers for Disease Control and Prevention (CDC), to be conducted at the Bethesda NIH Campus. She said there is a requirement that if Level 3 research is proposed in Building 40, the community is to be notified. The issue Ms. Miller objected to is the transporting of associated research materials between two different locations on Campus as the research progresses. In this meeting, according to Ms. Miller, the NIH said there are limitations on existing space and there is no appropriate laboratory space available in a single location. For safety purposes, this research requires a shower, and Building 40 has a shower right outside of the labs. However, the next stage of research requires animal testing. Therefore, in order to complete the research, the research materials need to be moved to another building.

Ms. Miller said she did not believe this to be in the best interests of the community. Her recommendation to the research committee was to make room for this project so it could be completed in one appropriate laboratory space. Dr. Gallagher said there are no other Level 3 spaces available on Campus, and there is no way to build a shower in Building 41A in order for both stages of the research to be completed in that location. Ms. Miller said there is a shower system in Building 41A. Dr. Gallagher and Ms. Miller said the committee gave the reason this research could not be conducted in one space in Building 40 is that it would be too crowded. Fifteen Committee members approved the project with Ms. Miller being the only one opposing the plan. Her suggestion is to use space in the existing BL-4 Building.

Ms. Mazuzan questioned if BL-3 research does not require a shower (and BL-4 research does), why does this Level 3 research require a shower? Ms. Miller said this is Level 3 "plus" research. Dr. Gallagher said that the NIH plan has always been to put them into a higher level laboratory if the research fits in between [levels]. Ms. Rice asked for the name of this group, which was characterized as a safety group. Dr. Gallagher answered that Dr. Deborah Wilson, Chief, Occupational Safety and Health Branch, ORS, called for the NIH Biosafety Committee to meet. Mr. Oberlander asked if CLC members could get a copy of this information for the neighbors or whether this had already appeared in the newspapers. Dr. Gallagher said he had just received a report, and he will ask further questions and put together information to provide to the CLC.

Bethesda Firehouse Issues
Ms. Miller wanted to alert the CLC to budget matters under consideration by the Montgomery County Council's Public Safety Committee concerning Bethesda area fire stations. She brought a newspaper article on this to pass around the table.

Ms. Miller said for the first year, a proposal has been recommended concerning a service fee for ambulance use. Ms. Miller said that the proposal was for an increase from $350 to $650 to be charged to an individual's insurance. Although this again has been put off by the Department, she warned that the proposal again would be brought forth, and she urged local residents to resist this fee increase.

Ms. Miller reported that for 4 to 6 years attempts have been made to take a ladder truck from the fire station at Cedar Lane and Old Georgetown Road, owned by the Bethesda community. Ms. Miller said Democracy Boulevard's fire station had a ladder truck removed 6 years ago, and the ladder truck from Station 20 has been proposed to be moved to Silver Spring (but it would be returned). She noted the Bethesda community owns 3 fire stations, including those on Democracy Boulevard, Cedar Lane/ Old Georgetown Road, and Bradley Lane at Wisconsin Avenue. (She said the station at Bradley, including the land and the station is worth $2.6 million.)

In addition, Ms. Miller said that of a $120 million dollar budget, the $12 million increase from last year's budget goes to workmen's compensation and benefits only. Yet, she reported that the County wants to replace 21 fire administration personnel with just 11 personnel to share time among the 21 stations. Ms. Miller remarked that one administrator in Bethesda already handles 3 stations. In addition, she noted that this would hamper the work of the volunteers. She said an estimated value of the services these volunteers provide is $30 to $40 million per year. Ms. Miller urges the CLC members to call County Council Member Michael Subin's office and ask for his support to not cut the fire and rescue budget.

Neighborhood Map Showing Member Citizens Association Boundaries
Dr. Gallagher said he now has a wall-sized map showing the neighborhoods within a 2-mile radius of the NIH. He said Mr. Oberlander has offered to work on identifying and drawing each neighborhood's boundaries as reported by CLC member. Dr. Gallagher and some members reported they already had been contacted by Ms. Otero, an intern who works in the OCL. Dr. Gallagher asked those who hadn't done so to send their neighborhood boundaries to the OCL. Mr. Oberlander said while the map showed some boundaries, the CLC citizen organizations are not represented.

Member Resigning from the CLC
Ms. Bel Ceja announced that she would no longer be the NIH Alumni Association's alternate representative, and that she would bring her replacement to the next CLC meeting.

The meeting was adjourned.

ACTION ITEMS

• Mr. Oberlander requested the CLC be notified by the MDE when it announces the public hearing.
• Ms. Serras-Fiotes will consult with NIH general counsel on legal issues associated with the pipeline about whether it is a Federal undertaking.
• Ms. Hildebrand will provide survey information to Dr. Gallagher.
• Dr. Gallagher agreed to present the Huntington Terrace Citizens Association survey to NIH and to convey the motion agreed to by CLC members about supporting NIH's reconsideration of Campus access by certain residents.
• Dr. Gallagher will put together information about the laboratory space needed for the infectious influenza project to provide to the CLC.
• CLC members are asked to contact the OCL and provide information about the boundaries of the neighborhood area each represents.

ATTENDEES

CLC Members

• Tom Gallagher, Ph.D., Director, OCL, Office of the Director, NIH
• Lorraine Bell, Palladian Partners, Inc.
• Jeanne Billings, Ph.D., Wisconsin Avenue Condominium Association
• Bel Ceja, NIH Alumni Association
• Marilyn Clemens, Maryland-National Capital Park and Planning Commission
• Anthony Clifford, Division of Engineering Services, ORS, NIH
• Jack Costello, Bethesda Parkview Citizens Association
• Jule Crider, Chevy Chase View Association
• Morton Goldman, Sc.D., Luxmanor Citizens Association
• Lesley Hildebrand, Huntington Terrace Citizens Association
• Debra Liverpool, YMCA-Bethesda
• Marilyn Mazuzan, Town of Oakmont
• Ginny Miller, Wyngate Citizens Association
• George Oberlander, Huntington Parkway Citizens Association
• Lucy Ozarin, M.D., Whitehall Condominium Association
• Eleanor Rice, Locust Hill Civic Association
• Stephen Sawicki, Edgewood Glenwood Citizens Association
• Ralph Schofer, Maplewood Citizens Association
• Stella Serras-Fiotes, OFP, ORS, NIH
• Deborah Snead, Bethesda-Chevy Chase Services Center
• J. Paul Van Nevel, NIH Alumni Association

Guests

• Kenneth Floyd, Environmental Protection Branch, OFP, ORS, NIH
• Marcia Golden, Luxmanor Citizens Association
• Gene Keller, National Capital Planning Commission
• Joan Kleinman for Representative to Congress, Chris Van Hollen
• Dave Mummert, Maryland Department of the Environment
• Walter Mitton, National Institute on Drug Abuse
• Ron Wilson, OFP, ORS, NIH