Mercury Pollution in Our Air from the Neighboring Cement Plant

STOP Lehigh Southwest’s Cement Plant Expansion:

The approval of a NEW 20 year Permit

for a NEW 200 acre Open Pit Mine is Imminent Sponsored by NoToxicAir.org

Article Title:

Cement Industry Challenges Pollution Cuts That

Would Save Lives, Money

:“…Lobby group heads to court to fight mercury and other air pollution

cuts for over 100 cement kilnsNovember 8, 2010

Washington, D.C. —

The Portland Cement Association (PCA) has filed a lawsuit challenging the U.S. Environmental

Protection Agency’s decision to cut toxic air pollution from cement kilns. According to the EPA,

these cuts would avoid up to 2,500 premature deaths every year and result in up to $18 billion in

health benefits.

For years, the PCA has been fighting efforts to clean up pollution from the cement industry, some

of the nation’s dirtiest polluters. This industry trade association represents 41 of the biggest

cement companies in North America, including Lafarge North America, Inc.; Lehigh Cement

Company LLC; Essroc Cement Corporation; Ash Grove Cement Company, LLC; Holcim (US)

Inc.; Texas-Lehigh Cement Company; and Titan America LLC…‖

Article: http://www.earthjustice.org/news/press/2010/cement-industry-

challenges-pollution-cuts-that-would-save-lives-money

Assignment 7 ABC News Video Clips

About Lehigh Cement Pollution

• Cement plant braces for impact of new EPA rules02/26/2010 (0:04:45)

http://abclocal.go.com/kgo/story?section=news/assignment_7&id=7300437

.

The Local Cement Plant is the Nation’s 4th

Worst Mercury-Emitting Cement Plant in US

Mercury is a neurotoxin that may contribute to:

• Neural degeneration

Reference: How Mercury Causes Brain Neuron Degeneration

by Department of Physiology and Biophysics Faculty of Medicine

University of Calgary: http://commons.ucalgary.ca/mercury/

Or YouTube: http://www.youtube.com/watch?v=XU8nSn5Ezd8&feature

•Study: http://www.generationrescue.org/pdf/seed.pdf

http://www.epa.gov/cgi-

bin/broker?view=USFA&trilib=TRIQ0&sort=RE_TOLBY&sort_fmt=2&state=All+states&county=All+counties&chemical=007439976

&chemical=N458&industry=3273&year=2008&tab_rpt=1&fld=RELLBY&fld=TSFDSP&_service=oiaa&_program=xp_tri.sasmacr.trist

art.macro

“…[Cement Plants]…are a known source of potentially nerve-

damaging mercury pollution…” ABC7 News, Feb. 2010

Cement Processing Produces These Toxins which are

Released and could be in the Air that We Breathe.

The figures below are all self reported 2009 data to EPA from Lehigh.

Mercury 587 pounds per year1

NOx over 5072 tons of Nitrogen Oxide per year2,3

SO2 over 2106.8 tons of Sulfur Dioxide per year2,3

HCL 35,495 pounds of Hydrochloric Acid per year1

Chromium 21 pounds per year1

Lead 6 pounds per year1

other toxins

Green House Gases (GHG)

These Toxic Pollutants may cause health problems.Ref:

1. EPA Releases: Chemical Report(2009 data): http://www.epa.gov/tri/ and zip code 95014

2. EPA March 2010 Notice of Violation, full capacity potential to emit expected to exceed these limits (see page 27 slide)

3. ―… Based upon a comparison of pre-construction actual emissions to post-construction PTE , the physical or operational changes …,

resulted in net emissions increases from the Facility of NOx and S02. [and] constitute a PSD significant net emissions increase since the

increases were above 40 tpy ..[the 5072 tpy Nox and SO2 2106.8tpy limits]... f or NOx and S02 …‖ EPA Notice of Violation page 12 ,

Docket No.R9-10-02 http://www.barry4cupertino.com/notoxicair/doc/Lehigh%20NOV/20100310_Lehigh_NOV-EPA2.pdf

In 1939, there were only about 60,000 People

in Santa Clara County

Cupertino & Lehigh Cement in1946

Today there are over 1.78 Million People Large population Exposed to Toxic Pollution

Cupertino & Lehigh Cement in 2009

Lehigh Southwest Runs the

Local Cement Plant

Heidelberg Cement Group in Germany

owns the Lehigh Cement Plants in the

United States.

In the Top 5 Mercury Polluters from

Cement Plants in the U.S. Lehigh runs 3 of

them.

These 3 are ranked #2, # 4, and #5.

Top 10 Mercury Producing

Cement Plants in the Nationout of over 100 cement plants nationwide (2008)

CLICK

64 Lehigh SouthwestCement Co.

(Cupertino, CA)

587 < 1 mi 53,293 4903 / sq mi 6

Ash Grove Cement Co. (Durkee, OR)#1 Mercury Producer (654 people/sq.mi.)

Lehigh Southwest Cement Co. (Tehachapi, CA)2nd Highest Producer of Mercury (1225 people/sq.mi.)

Cemex Inc. Lyons Cement Plant (Lyons, CO)3rd Highest Producer of Mercury (1635 people/sq.mi.)

Lehigh Southwest Cement Co. (Cupertino, CA)4th Highest Producer of Mercury (4903 people/sq.mi.)

Lehigh Cement Co. (Union Bridge, MD)5th Highest Producer of Mercury (1226 people/sq.mi.)

http://www.mde.state.md.us/programs/PressRoom/Pages/1215.aspx

“…Department of the Environment Takes Action To Reduce Air And Mercury Pollution At Lehigh Cement In Union Bridge

Lehigh Cement to Voluntarily Reduce Mercury Emissions ahead of Federal Deadline; MDE and Lehigh Resolve Enforcement

Action for Particulate Matter Violations…”

Immediate South Bay Areas of Effect

(Distances to City Center)

Mile Markers3 mi

4 mi

5 mi5 mi

5 mi

5 mi

8 mi

8 mi

9 mi

9 mi

11 mi

13 mi

Distances of Neighboring Communities

to Lehigh

City Name Distance from Lehigh

Cupertino <3

Sunnyvale 4

Mountain View 5

Los Altos 5

Los Altos Hills 5

Saratoga 5

Campbell 8

Santa Clara 8

Los Gatos 9

Palo Alto 9

San Jose 11

Flyover of Cupertino Cement Kiln

Stunning Video production of a flyover Lehigh’s

Cement Plant next to Cupertino using Google Earth.

by Earth Justice

YouTube: http://www.youtube.com/watch?v=2c3m4b51Lkg&feature=player_embedded

Or

On Earth Justice : http://www.earthjustice.org/features/cement-kiln-flyovers#cupertinomap

Notices of violations issued to the Local

Cement Plant from the following Agencies:

The Environmental Protection Agency (EPA)

EPA: In March 2010, the EPA notified Lehigh that it is in violation of

the Clean Air Act and operating without a valid Title V Permit since

1996.

CA Regional Water Quality Control Board (11 violations)

Bay Area Air Quality Management District (has issued 25 past violations

since July 2004. Some these are still in pending penalty phase.)

Santa Clara County (at least 2 violations which are serious violations

regarding dumping and mining outside permitted boundaries.)

References: www.barry4cupertino.com/notoxicair/html/lehigh_nov.html

Highlights of City Council Lehigh

Special Study Session 7/20/2010

• Is Lehigh in Compliance? (0:02:00)

http://www.youtube.com/watch?v=rNkqph9G8GM&feature

• Dumping of mining materials in East Side Storage Area. (0:01:40)

http://www.youtube.com/watch?v=8hbE6m5XEg4&feature

• County allows acts that initiated the Violations to

continue for years with No Fines Issued. (0:02:56)

http://www.youtube.com/watch?v=kUz-cxVssn8&feature

These videos are on YouTube – Refer to NoToxicAir.org

UNITED SSTATES ENVIRONMENTAL PROTECTION AGENCY

REGION IX

MAR 1 0 2010

CERTIFIED MAIL

David Vickers

President

Lehigh Southwest Cement Company

Lehigh Southwest Cement Company Notice and Finding of Violation

NOTICE OF VIOLATION/FINDING OF VIOLATION

UNITED STATES

ENVIRONMENTAL PROTECTION AGENCY

REGION IX

LEHIGH SOUTHWEST CEMENT COMPANY

(“Lehigh”) for violations of the Clean Air Act (“CAA” or the

As a result, Lehigh obtained a deficient Title V permit, i.e.,

one that did not include all applicable requirements, and

therefore is operating the Facility without a valid Title V

permit in violation of 42 U.S.C. §§7661a, 7661b, and 766c; 40

C.F.R. §§ 70.1, 70.5, 70.6; and BAAQMD Regulation 2 Rule 6,

34, either individually or in the aggregate, constitute a PSD

significant net emissions increase since the increases were above

40 tpy for Nox and SO2.

Prevention of Significant Deterioration

ENFORCEMENT

not more than $25,000 per day for each violation that occurs on

or before January 30, 1997, not more than $27,500 per day for

each violation that occurs after January 30, 1997, not more than

$32,500 per day for each violation that occurs after March 14,

2004; and not more than $37,500 per day for each violation that

occurs after January 12, 2009. 42 U.S.C. § 7413(a)(1); Federal

County of Santa Clara

Hanson Permanente Cement, Inc.

ORDER TO COMPLY/NOTICE OF VIOLATON

(Pub. Res. Code §2774.1)

October 10, 2006

Comply to Hanson’s Permanente Quarry for mining-related disturbance outside

The approved reclamation plan with the exception fo the cement plant. At this

~ ~

11/30/07-

12/30/07

Public Hearing on application for amended reclamation plan and

Financial assurances.

County of Santa Clara

June 20, 2008

NOTICRE OF VIOLATION (PRC §2774.1)

on notice that work outside the reclamation plan boundary is not authorized. For this

Reason, the County views this additional stockpiling as an intensification of an existing

Violation.

receive such material, you are hereby required to accomplish the following:

(1) cease depositing the material in the location described above, and

So what happened to Lehigh’s

―Single Exhaust Stack‖???

CLICK

Original 1939: Single Exhaust Stacks

Present: Baghouse with 32 Exhaust Vents

1962 Photo: Dual Exhaust Stacks

Santa Clara County is home to the Lehigh Southwest cement plant in Cupertino, CA,

one of the nation’s largest emitters of mercury and other hazardous air pollutants. We

related morbidity and mortality. This regulation is estimated to result in 620-1600

avoided deaths per year, with a cost savings between $4.4 to $11 billion.

In addition, the Lehigh plant in our county is one of a handful of cement plants that does not have a central stack, making monitoring of emissions difficult, if not impossible. We support the requirement of a central stack to ensure proper monitoring

Plumes of Pollution from Baghouse

Behind Precalciner Tower

Lehigh Applying for Permit to

Expand Quarry Operations

Lehigh Cement has applied for a 20 year permit

for a New 200 acre quarry to be located South

of current 210 acre quarry.

NEW Proposed 200

acre Open Pit Mine

Central Material

Storage Area

East Side

Material Storage

Area

West Side

Material Storage

Area

Current 210 acre

Open Pit Mine

Proposed New

200 acre Open Pit Mine

Green: Additional Mining Operation

East Materials Storage Area

Blue: Additional Mining

Operation Central

Materials Storage Area

Exhibit from Lehigh Southwest Cement Co. Application to

Santa Clara County for New 200 acre Open Pit Mine.

Homestead High School

[View of the New open pit mine]

Take Action

We strongly oppose the proposal for the new 200 acre open pit

mine in our densely populated community due to the health risk to

the over 1.78 million people that live and work in Silicon Valley.

In 2006 with citizen pleads, the county issued a notice of violation to stop

dumping in the EMSA. However, dumping in EMSA persists to this day with no

financial penalty.

According to the EPA, the local Lehigh cement plant is in violation of the

Clean Air Act and operating without a valid Title V Permit since 1996.

Although the EPA states that the new regulations limits that take effect in 2013

for mercury emissions and other toxic emissions could result in up to 2,500

premature deaths avoided each year and save $6.7 billion to $18 billion annually

in health costs, Lehigh along with other plant operators in November 2010 has

filed suit to block the new EPA regulations.

Actions Needed NOW!

Express Your Concerns to Our Elected Officials and

the Supervising Agencies: Sign-up to

Write letters.

Attend meetings and make public comments.

Spread the word to your friends and neighbors.

Sign the online Petition at

http://www.ipetitions.com/petition/bace/

Read more information at www.NoToxicAir.org

Thank You for Your Support.