Exhibit CC 10-6-15 Item #Oral Communications10/3/2015 09/2212015: U.S. EPA requires Cupertino cement company to report toxic chemicals, commit to environmental projects
http://yosemite.epa.gov/opa/admpress.nsf/2dd7f669225439b78525735900400c31/b8b1665fa705da1a85257ec8006cf367!opendocument
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News Releases from Region 9
U.S. EPA requires Cupertino cement company to report toxic chemicals,
commit to environmental projects
Release Date: 09/22/2015
Contact Information: Monica Lee, 415-972-3165, lee.monica@epa.gov
SAN FRANCISCO-The U.S. Environmental Protection Agency announced a settlement with Lehigh Southwest Cement
Company for falling to properly report releases of toxic chemicals at its Cupertino, Calif. plant. The company is required to
pay a $47,600 penalty and spend $144,250 to fund projects that support local emergency response and limit future
releases from the plant.
Under the federal Emergency Planning and Community Right-to-Know Act (EPCRA), Lehigh was requireo to submit to
EPA and the State of California an accurate Toxics Release Inventory (TRI) Reporting Form R for every toxic chemical
manufactured or processed in quantities above the established thresholds. An EPA inspection found that for the years
2009 and 2010, Lehigh manufactured or processed nickel, thallium, lead and mercury compounds atthe Cupertino plant
in amounts that exceeded the thresholds, yet Lehigh failed to submit or submitted inaccurate Form Rs for those chemicals.
"The citizens of Cupertino play an important role in holding polluters accountable, and they rely on data from the
Community Right-to-Know law." said Jared Blumenfeld, EPA's Regional Administrator for the Pacific Southwest. "It is
critical for Lehigh to comply with federal laws that ensure the safety of neighboring communities and protect the local
environment."
The settlement requires the company to donate emergency response equipment, including 12 hazmat suits, to the Santa
Clara County Fire Department within 90 days. The purchase of this equipment will enhance the fire department's ability to
respond to and prepare for chemical release emergencies at the area around the Cupertino facility.
Lehigh has also committed to fully enclose a raw materials conveyor belt to include new covers, sealed inspection ports,
and specialized dust/debris collectors within a year of the settlement. This will help prevent fine-grained material
conveyed on the belt from escaping, reducing potential environmental and public health impacts from the dust.
The Lehigh cement plant was subjectto a jointfederal and state Clean Water Act settlement announced in April 2015 that
required the facility to reduce toxic discharges of selenium and other metals to Permanente Creek, a tributary of San
Francisco Bay.
EPCRA was enacted to encourage and support emergency planning efforts at the state and local level, and to provide the
public with information concerning the amounts, location and potential effects of chemical hazards present in their
community. To accomplish this, EPCRA created TRI, a publicly available EPA database that contains Information on toxic
chemical releases and other waste management activities reported annually by certain industries and federal facilities.
For more information about the Emergency Planning and Community Right-to-Know Act and to get TRI factsheets for your
community, please visit: http://www2.epa.gov/epcra
For more infonnafion about the Toxics Release Inventory Program, please visit:
http://www2.epa.gov/toxics-release-inyentory-tri-program/tri-reportjng-forms-and-jnstructions
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http://yosemite.epa.gov/opa/admpress.nsf/2dd7f669225439b78525735900400c31/b8b1665fa705da1 a85257ec8006cf367!opendocument 1/1
Lehigh Southwest Cement Company Permanente Plant
Report: Compliance Inspection Investigation Dates March 5, 2013 through March 6, 2013
United States Environmental Protection Agency
TRI -RY 2008, 2009 & 2010 ERG-NOTE: LEHIGH REFUSED TO ALLOW EPA TO DISCLOSE THE ACUTAL
AMOUNT IN POUNDS EACH YEAR THAT IT DISCHARGES TO RECEIVING STREAMS OR WATER BODIES A
VIOLATION.
The facility manufactured, processed or otherwise used CHROMIUM compounds (TRI Chemical Category
No. N090). Exceeds the respective 10,000 pound threshold and discharged to receiving streams or water
bodies. NOTE: LEHIGH REFUSED TO ALLOW EPA TO DISCLOSE THE ACTUAL AMOUNT (Page 5 of 7 page
report)
The facility manufactured, LEAD compounds exceeding the respective 100 pound threshold and
underreported ERG estimate of pounds. NOTE: LEHIGH REFUSEDED TO ALLOW EPA TO DISCLOSE THE
ACTUAL AMOUNT (Page 5 of 7 page report)
The Facility manufactured MERCURY compounds exceeding the respective 10 pound threshold and
underreported ERG estimate of pounds. NOTE: LEHIGH REFUSED TO ALLOW EPA TO DISCLOSE THE
ACTUAL AMOUNT (Page 6 of 7)
The Facility manufactured NICKEL compounds pounds exceeds the 25,000 pound threshold (N495)
NOTE: LEHIGH REFUSED TO ALLOW EPA TO DISCLOSE ACTUAL AMOUNT
The Facility manufactured THALLIUM compounds pounds exceeds 25,000 pound threshold (N760)
NOTE: LEHIGH REFUSED TO ALLOW EPA TO DISCLOSE ACTUAL AMOUNT
There is other pollution not mentioned here.
PLEASE READ REPORT IN FULL
Cathy Helgerson 10/6/2015
cc 10/6 Ir s-
a f2-if!_
Cupertino City Council Score Card
September 15, 2015
Meetittg
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