CC 09-05-2013, Exhibit A, Item 2 C C 9 - s-13 t �-U►.► N� . Z
r, Permit Activity
Since 2010
City of Cupertino Meeting Date Description Pollutants
July Lime Injection abatement stem Particulatehisible emissions&acid
2010 gases
September 5, 2013 May Activated carbon abatement system Mercury,organics
2011 Dust contr ols Particulate/visible emissions
Status of Lehigh Southwest Cement Company April Title V,Major Facility Review Not applicable
2012
Jim Karas P.E. Nov, Relocation of rock plant No increase
2012
Director of Engineering Aug, Selective non-catalvtic reduction Nitrogen oxides
Bay Area Air Quality Management District 2013
Aug, Title V permit amendment Not applicable
2013 (administrative)
ated Emission Reductions
F ons Limits/Monitoring
Reg. 9-13 Re uirements 2010 Emission Levels source Pollunot Monitor
%Reduction IKhi Ammona(xH,> Cnnannnns
Hydrochloric acid(HCI) Emissions
Mercury(Hg) Mooitonng Sys
Nitrogen Oxides(NOx) —d2"e Nitmgenoxidea(NOs) (CEMS)
Sulfur dioxide(SO2)
Particulate Matter(PM) —Woo Total Hyd-1sx,(THC)
Kan Dioxinvrurens(D,'F) temperature
Precursor Organics(POC) —90"o Kiln&Clinker Cooler Particulate M•acr(PM) Paramet a monilnn
Source Test
Hydrochloric Acid(HCI) —70% Kim&Clinker Cooler opacity Pamme-monitor
Mercury(Hg) —93°n All ether Senmea opacity Pammetde mnnimr
Benzene —90%
.purr:Jn, I"'If/lr.porr r.,1t I.I(_)11D Rrgulloon v-/r
.9-13 Toxic Hot spots Compliance Status
Requirement
Staff is working with Lehigh to update the 2011 modeling ➢ Investigate all complaints
. The update was based on:
➢ Weekly compliance inspections
• Maximum capacity
• singlestack ➢ No ongoing violations
➢ Notice of Violation
• 19 NOVs over last 3 years
• 15 were emissions-related-Visible emissions&fugitive dust
• All violations were corrected expeditiously
1
CC 9/5/2013 Item #2
California Water Board
0 CALI FOR NN 1A
Water Boards
..... ythif Y/•'EP Ff 5JJr1:ES G.... E PUA!li
Cupertino City Council special meeting on Lehigh
Quarry and CE-ment Plant
Existin g Lehi h Permits
g1
• Lehigh is regulated by three permits that require to
protect the surface water in Permanente Creek
• (Order No. R2-2oo8-oon)
• (Order No.R2-1994-0038)
• (Water Quality Order No. 97-03-D'vVQ NPDES General Permit No.
CAS00000l)
1
CC 9/5/2013 Item #2
New Pending Permit
9re
I
• An individual NPDES permit for Lehigh will be
released for public comment later this year
• The permit will recognize upgrades that Lehigh has
planned for its facility pursuant to the Consent Decree
with the Sierra Club
Other Regulatory Efforts
*Enforcement
Over the last two years,
Lehigh has paid
administrative civil
liability penalties of
$io,000 and $21,000 for
alleged discharges to
Permanente Creek
2
CC 9/5/2013 Item #2
Other Regulatory Efforts
g v
� -z • Permanente Creek
Restoration-The
Regional Water Board
issued a cleanup and
abatement order to
address sedimentation
and restore the natural
stream flow of
Permanente Creek
• Order No. R2-1992-ooi8
Other Regulatory Efforts
,� • Legacy Pollution
and Selenium-
,,, Lehigh is required to
submit technical reports
to the Regional Water
Board
• Order No. R2-2013-1005
3
CC 9/5/2013 Item #2
For More Information
• For any questions, or if someone would like to be
added to our distribution list for Lehigh matters,
please contact Brian Thompson at
brthompson(a-)waterboards.ca.gov or 1.510.622.2422
CALIFORNIA
Water Boards
4
Karen B. Guerin
From: Ken Smyth [kend_smyth @yahoo.ccam]
Sent: Monday, September 02, 2013 1:45 PM
To: Barry Chang; Rod Sinks; Bill Almon; Linda Sell
Subject: Fw: Lehigh Cement City Council Study Session
I've asked the Superintendent of CUSD to attend and express concern about the toxins being released from the Lehigh
facility.
Ken
----- Forwarded Message -----
From: Ken Smyth <kend_smyth @yahoo.com>
To: "nishiharaJeremy @cusdk8.org" <nishiharaJeremy @cusdE;8.org>; "gudalewicz_wendy @cusdk8.org"
<gudalewicz_wendy @cusdk8.org>
Sent: Monday, September 2, 2013 1:23 PM
Subject: Lehigh Cement City Council Study Session
Wendy and Jeremy,
A Study Session will be held on Lehigh at the Cupertino City Council on Thursday, September 5 at 3:00 pm. The Lehigh facility emit
tons of toxic emissions into our community annually and it is important that residents and leaders in our education community
surrounding the Lehigh plant take this opportunity to educate the City Council about their health concerns of decades of toxins being
released in Cupertino and surrounding communities. Can you attend and voice a concern for reducing the impact of toxic emissions on
the students in our community. The goal is to realize air quality for our community that matches the quality of education in our
community.We have a long way to go. Help BACE make that a reality.
Regards,
Ken Smyth
x
1
BACE News]ette r
August 31. 201 3
The Smoking Gun?
In July 2013 the first national study linking mercury and diesel air pollution to the probability of children being
born with autism was published by Harvard University [11 .
"Women who were exposed to the highest levels of diesel or mercury in the air were twice as likely to have a
child with autism than women who lived in the cleanest parts of the sample."
Yes, other cities too are plagued with air pollution from automobiles, manufacturing and diesel traffic.A major
difference that sets us apart is the nearby Lehigh Cement Plant and Quarry, which releases an average of up to
200 pounds of mercury into the air each year, and sends a constant stream of diesel-fueled trucks down our
roads and freeways. Silicon Valley is the largest urban area in the nation that is in close proximity to a polluting
cement plant. It has been recognized for some time that the number of children born with autism in Silicon Valley
is disproportionately large, compared to other similar urban areas. Just one of several studies from the
University of Texas researchers is the 2011 published study which examined Santa Clara County California.
"...We demonstrate for Bexar County Texas and Santa Clara County California. the hypothesis that...The
relative nsk of autism is greater in the geographic areas of higher levels of ambient mercury. We find that the
higher levels of ambient mercury are geographically associated with point sources of mercury emission. such as
coal-fired powerplants and cement plants with coal-fired kilns..."[2]
These studies linked mercury pollution to autism. [3]U While these studies call for further research, the
evidence is piling up that air pollution may be the environmental "smoking gun"contributing to the rise in autism.
BACE Speaks Up
Thanks to our concerned donors, BACE is pursuing an appeal of the trial court's decision in February rejecting
our suit challenging the County's decision (against its own staffs recommendations)to grant vested rights to
Lehigh covering the entire quarry and surrounding parcels of land. n Vested rights should only be granted,
according to court precedents, to lands for which there has been an "objectively manifested intent"to mine the
parcel in question. There are several parcels where Lehigh not only did not engage in mining activities, but didn't
even set foot on prior to the County's establishing mining regulations. In fact, one parcel wasn't even owned by
Kaiser Cement Company (Lehigh's predecessor). Instead, it was owned by Kaiser Aluminum and Chemical Co.,
2
which built and operated an aluminum manufacturing plant on the site for many years! If the decision in favor of
sweeping vested rights stands, Lehigh can use the vested rights status to avoid restrictions and even further
expand its mining activities adjacent to our surrounding communities. The growing pile of waste known as the
East Materials Storage Area is a visible example of these lifted restrictions.
We are speaking before the city councils of Los Altos, Los Altos Hills and Cupertino to urge them to sign an
amicus brief with our appeal to preserve the ability to impose restrictions.
We are not alone. The article from Earth Justice[61 shows that other communities around the country near
cement plants are speaking out to their local officials and the EPA.
YOU CAN SPEAK UP TOO!
A Study Session will be held on Lehigh at the Cupertino City Council on Thursday, September 5 at 100 pm. It is
important that residents surrounding the Lehigh plant take this opportunity to educate the City Council about their
concerns. Lehigh has shown its lack of consideration for the health of nearby residents by using the legal system
to avoid compliance with pollution restrictions M , and it is up to the people to convince our own local officials to
do all they can to protect our right to a clean environment.
LEHIGH CEMENT CUPERTINO CITY COUNCIL STUDY SESSION
Date: Thursday, September 5
Time: 3 pm -5 pm
Location: 10350 Torre Avenue, Cupertino Community Hall Council Chamber (building next to the Cupertino
Library)
http//www cupertino orq/?page=18&recordid=4882&returriURL=%2findex.aspx
To view the City Council study session current agenda and live webcast visit.
Please forward this email to your friends, family, and neighbors.
Regards,
—The Bay Area for Clean Environment Team
www.BayAreaCleanEnvironment.org
Facebook
Link to Donate to Bay Area for Clean Environment
x I -= x —
3
R�l,crena_ s:
[1] Title: Autism, Air Pollution Link Confirmed By First National Study
Huffington Post-June 18, 2013
lute; 20 1,,Mi I` mii,m qir-hollutimi tudv it i443 I8.lhtml
[2] Citation Information: Reviews on Environmental Health. Volume 26, Issue 2, Pages 111-118,
ISSN (Online) 2191-0308, ISSN (Print) 0048-7554, DOI: 10.1515/reveh.2011.015, May 2011
http://www.degruyter.com/view/i/reveh.2011.26.issue-2/reveh.2011 015/reveh 2011 015 xml
[3] Title: Study links autism risk to distance from power plants, other mercury-releasing
sources
News Release UT Health Science Center San Antonio-April 24, 2008
hup:_ _732
�ti�cG�_uthus,f.cdu htcnc��'�inal�loruu�t2 a� 'nc��lU
[4] Title: Autism, Power Plants, Mercury
The Chemical Edge- February 5 2011
hits thwhmirkL li d ,c cum ?UI 1_02/0�/autism (N�-r-plants-mcrcut.\'
[5] Title: Lawsuits emerge over Lehigh operations: Cement plant sues air quality
management district; Regional
Los Altos Patch- February 10, 2011
IntnJ�: !cu�ertin �ttch.com article quartN-\ote-favors-ccmpnl-pl ant-ri�,hts-and-portends-more-citizen_acti on
[6] Title: Communities Ask Court for Protection from Toxic Air Pollution
Earthlustice-April 17 2013
h jL).. earthiustice.ora;ncv�s;press/2013/communitic�-ask-court-toir-protection-6-ont-toxic-air-pollution
[7] Title: Lehigh at the Center of Two Lawsuits
Cupertino Patch -November 29, 2012
http:i,'cupertino.patch.coin/article5'Iehigh-at-the-center-of-two-lawsuits
4
Copyright G 2013 Bay Area for Clean Environment Inc., All rights reserved, --..----
x
You are concerned about pollution from the neighboring cement plant s,;you
volunteered to stay informed.
Our mailing address is:
Hay Hrea for Clean Environrrrent, Inc.
2310 Homestead Road,Suite Cl.#224
Los Afros.California 94024
Add us to your address book
unsuh,,rribe frorn this list; update ubsa'ptiun_frefc.re_i es
5
Cc,
Karen B. Guerin
From: piazzesi @gmail.com on behalf of Monika Piazzesi [piazzesi @stanford.edu]
Sent: Tuesday, September 03, 2013 12:33 PM
To: City Council
Subject: Lehigh Cement Plant
Dear City Council,
I am writing regarding the study session on Thursday, Sept: .5, about Lehigh Cement. Unfortunately, I will not be
able to attend the session, since I work during the afternoon.
We live in 24898 Olive Tree Lane, Los Altos Hills, CA 94024. Over the past years, the white dust that crosses
over from the cement plant to our house has increased dramatically. We can see it most clearly on our cars.
When we moved into our house five years ago, we were able to leave our cars outside the garage. These days, it
is hard if not impossible to see through our windshield if we leave our cars outside over night. Moreover, the
dust is sticky -- a regular car wash won't get rid of it.
While the dust on our cars is a nuisance, I think we should be highly worried about how the dust is affecting our
overall health.
As a professional economist, I am shocked by the city's cost-benefit analysis involving Lehigh Cement. The city
is endangering the health of its own citizens to gain what exactly? Cheap cement? Tax revenue and
employment from the operations at Lehigh Cement? I believe that if we will look back to these decisions in the
future, we will conclude that the cement plant was a huge :mistake.
Best regards
Monika Piazzesi
Monika Piazzesi
Joan Kenney Professor of Economics
Department of Economics
Stanford University
579 Serra Mall
Stanford CA 94305
piazzesi a,stanford.edu
i
-5- 13 'T7 lUo
Karen B. Guerin
From: Ken Smyth [kend_smyth @yahoo.com]
Sent: Wednesday, September 04, 2013 12:12 PM
To: Rick Kitson; Orrin Mahoney
Subject: Re: Lehigh Study Session
Hi Rick and Mayor Mahoney,
I've been working on contacting interested parties to participate in the Lehigh Study Session tomorrow afternoon but a lot
of people are working and unable to attend. Below is one of a few responses I've received from management at CUSD
who are interested in the Lehigh issue given the level of toxic emissions coming from the facility. I recommend
consideration for future such meetings to be held after work hours so more of the community can participate.
Regards,
Ken Smyth
---------------------------------------------------------------------
From: Nishihara Jeremy <nishihara ieremy(o-),cusdk8.org>
To: Ken Smyth <kend smythCcDyahoo.com>; Gudalewicz Wendy <qudalewicz wendy(o)_cusdk8.org>
Sent: Tuesday, September 3, 2013 8:59 AM
Subject: Re: Lehigh Cement City Council Study Session
Ken:
Both of us are unable to attend this meeting...please keep us posted regarding the outcome of this meeting.
Sincerely,
Jeremy Nishihara
Jeremy Nishihara
Chief Information Officer
Cupertino Union School District
Phone: (408) 252-3000, Ext. 323
Fax: (408) 253-8119
Email: nishihara ieremy(a-),cusdk8.org
From: Rick Kitson <RickK(o)cupertino.org>
To: Ken Smyth <kend smyth(a--)yahoo.com>
Sent: Tuesday, July 30, 2013 11:01 AM
Subject: Lehigh Study Session
Mr. Smyth,
I wanted to get back to you to let you know what was happening with the Lehigh study session.
As with the previous session in 2010, the agendized presentations will be from the regulatory agencies. We know there
will be other groups and individuals that will also be making comments.
Currently.the study session is still scheduled for Thursday, September 5. from 3 to 5pm at the Cupeilino CommunitN
Hall, 10350 Torre Ave.
Once the agenda is finalized it will be sent out with announcements.
1
Best re,ards.
Rick Kitson I Public Affairs Director
City of Cupertino
10300 Torre Avenue I Cupertino,CA 95014-3255
w: 408.777.3262 1 f: 408.777.3366
rickkgcupertino.org I www.cupertino.org
2 System C.)))(((-
UPS TI NO Alert
• , 1 "!MIC 0!,
From: Ken Smyth [mailto:kend smythgyahoo.com]
Sent: Tuesday,June 18,2013 8:03 PM
To: Rick Kitson
Subject: Cupertino September Meeting
Rick,
I was referred to you regarding an upcoming meeting on September 5 from 4-6pm to discuss environmental
issues in Cupertino. Will this include the Lehigh Permane' nte facility? Has an agenda been formulated yet?
Have speakers been solidified? Is there an opportunity to invite speakers on the topic? Thanks for an update.
Regards,
Ken Smyth
Cupertino Resident
2
CC 9-5-13 Item No. 2
EOMUND G. BROWN JP.
00
s)`KI oEPNON
OALIIOO OI• MGH[ilnHV RODPiOUEl
Water Boards NV R()NME NIAI vV CIiON
San Francisco Bay Regional Water Quality Control Board
August 30, 2013
WDID: 2 4310062677
Place ID: 273205
City of Cupertino
Attn: Mr. Rick Kitson
Environmental Affairs Director
10300 Torre Avenue
Cupertino, CA 95014
Sent via email: rickk cupertino.org
Subject: Letter for the Cupertino City Council Meeting on September 5, 2013
Dear Mr. Kitson,
Thank you for the invitation to attend a Cupertino City Council special meeting on the Lehigh
Quarry and Cement Plant (Lehigh). Unfortunately we cannot attend. Please feel free to share this
summary of our current regulatory efforts to protect water quality and the beneficial uses of
Permanente Creek, San Francisco Bay, and local groundwater.
Existing Lehigh Permits
Lehigh is regulated by three permits that have requirements to protect surface water in
Permanente Creek.The Regional Water Board permits Lehigh's mining operations (Order No.
112-2008-0011) and its use of a wastewater treatment facility(Order No. R2-1994-0038), and is
subject to the requirements of a statewide general permit for industrial stormwater discharges
(Water Quality Order No. 97-03-DWQ NPDES General Permit No. CAS000001).
New Pending Permit
An individual NPDES permit for Lehigh will be released for public comment later this year.This
permit will consolidate requirements in existing permits and specify effluent limits for Lehigh's
discharges to Permanente Creek, including its discharge of quarry water.The permit will
recognize upgrades that Lehigh has planned for its facility pursuant to the Consent Decree with
the Sierra Club (filed in the U.S. District Court in San Jose, Case No.: 5:11-cv-06392-HRL).
Other Regulatory Efforts
Enforcement—Over the last two years, Lehigh has paid administrative civil liability penalties of
$10,000(Order R2-2012-0039) and $21,000 (112-2011-0097) for alleged discharges to
Permanente Creek.
Permanente Creek Restoration—The Regional Water Board issued a cleanup and abatement
order to address sedimentation and restore the natural stream flow of Permanente Creek
JOHN MULLER,CHAIR I BRUC[' H. WOLFE, EXECUTIVE OFFICER
1515 Clay St.,Suite 1400,Oakland.CA 9461< www.waterboards.ca.gov/sanfranciscobay
L*,--C ,Ii,FAHFN
(Order No. 112-1999-0018). Restoration will be continuing as part of the Consent Decree with
Sierra Club. The Regional Board will need to issue permits for this work and will be reviewing all
proposals as part of the permitting process.
Legacy Pollution and Selenium— Lehigh is required to submit technical reports to the Regional
Water Board (Order No. 112-2013-1005 amended to R2-2013-1005-A1)that will, among other
things, help to advance the cleanup efforts that may be required to address legacy pollution
from historic operations and mining waste and to evaluate the fate and transport of selenium in
Permanente Creek.
For More Information
We encourage anyone who wants more information or would like to follow how we are
regulating Lehigh to use the following resources:
• http://www.waterboards.ca.gov/sanfranciscobay/water issues/hot topics/lehigh.shtml
Access to current and pertinent documents associated with Lehigh.
• http://www.waterboards.ca.gov/resources/d;3ta databases/
Databases used to store information about Lehigh: CIWQS (surface water), SMARTS
(stormwater), and GeoTracker(groundwater).
• http://www.waterboards.ca.gov/resources/eiTlail subscriptions/reg2 subscribe.shtml
Subscribe to group email lists used for specific: programs or topics.
• http://www.waterboards.ca.gov/sanfranciscobay/public notices/
Follow announcements about pending decisions and opportunities for public participation
For any questions, or if someone would like to be added to our distribution list for Lehigh
matters, please contact Brian Thompson at brthonipson@waterboards.ca.gov or 510 622-2422.
Sincerely,
Dyan C. Whyte
Assistant Executive Officer
Copy to: Lehigh interested Parties List
Cc -5- /3 -=feM tJo.
Karen B. Guerin
From: Frank Geefay[fgeefay @yahoo.com]
Sent: Tuesday, September 03, 2013 6:38 PM
To: Orrin Mahoney; City Council
Cc: 'Gary Latshaw'; Barry Chang; Rod Sinks; Rick Kitson
Subject: Re: Lehigh Special Study Session
Dear Mayor Mahoney,
Thanks you very much for your consideration of my request for more time for community
organizations to speak at the Lehigh Special Study session. I greatly appreciate your
fairness in this matter.
Best Regards,
Frank Geefay
From: Orrin Mahoney <orrinmahoney(a)comcast.net>
To: 'Frank Geefay' <fgeefay(a)yahoo.com>; 'City Council' <City:,ouncil a(�.cupertino.org>
Cc: 'Gary Latshaw' <glatshaw(a),gmail.com>; 'Barry Chang' <councilbarry(o)gmail.com>; 'Rod Sinks'
<rodsinks(d.)gmail.com>; Rick Kitson <rickk(a)cupertino.org>
Sent: Tuesday, September 3, 2013 11:33 AM
Subject: RE: Lehigh Special Study Session
Frank,
We will allow 10 minutes for organizations. Let us know when whoever presents,that they are speaking for the
organization.
Regards,
Orrin
From: Frank Geefay [mailto:fgeefav yahoo.com]
Sent: Friday, August 30, 2013 11:43 AM
To: 'City Council'
Cc: 'Gary Latshaw'; Barry Chang; Rod Sinks
Subject: Lehigh Special Study Session
Once again City Council is holding a Special Study Session on the Lehigh Cement Plant due to concerns from
the community and allowing select regulatory agencies to give lengthy presentations yet only allowing citizens
3 min. per person to comment. It seems to me that if the community is concerned enough about this issue to
prompt the City to hold a Special Study Session then a representative of the community should also be given an
opportunity to express the community's concerns. After all it is their concerns that have prompted the special
study so shouldn't those concerns be part of the formal presentation to Council?
If it is the intent of the City not to allow citizens adequate; time to present a thorough and cohesive case, as has
been the case in past Special Study Sessions, then all the City is doing is wasting everyone's time and effort
going through the motions but not truly allowing the community to express the extent of their concerns and
fears. Not allowing citizens the right and ability to properly present their case is not a valid Study Session of
the subject as it does not address the reason for having this meeting. This in essence should be the community's
1
meeting and should address their concerns which presently they are allowed only 3 minutes per citizen to
express. Let the Regulatory agencies present their cases in 3 min. each and see how well they can make their
case to Council and the community. If regulatory agencies cannot each make their case in 3 min. how
reasonable is it that citizens can?
All I am asking is that the City hear the concerns of citizens. Since Bay Area for a Clean Environment is the
primary organization representing the citizens of Cupertino in this case they should be allowed equal time and
opportunity as are Regulatory Agencies to make their case for the community to Council. Let us hear the
community's concerns and facts so that the City has adequate information on which to make an informed
decisions and take appropriate actions in the best interest of the City and its citizens. Otherwise this is just
another waste of time and money. Isn't this supposed to be the American and democratic way to do things?
Aren't citizens supposed to express their fears and concerns in a cohesive and complete manner before Council
so Council may know the pain and concerns of the residents for whom they are supposed to represent? Not
allowing the citizens of Cupertino to adequately make their case seems a travesty of fairness and defeats the
purpose of such meetings.
Best Regards,
Frank
2