HomeMy WebLinkAbout10-07-2009 Supplemental Council AgendaCurrent Exhibit at CHC:
g ootk VV iiincd-s-
Scwat a/ ColnAmAAAILty a.itcLew.' 19 72 to
A ha n of the/ yu 'ui s'v t ri t cwt.& va,tu,Ya,L force'
The Saratoga Community Garden flourished as an educational demonstration garden for children
and the community providing an opportunity for all to connect with the ways of the garden and
sustainable farming, and to glean insights from nature. Envisioned by Saratoga kindergarten teacher
Betty Wesson Peck, with design by the late British horticulturalist Alan Chadwick, this special garden
utilized Biodynamic/ French Intensive practices, a combined method not widely known in the United
States at the time. The 10 -acre living classroom, with nature as instructor, inspired thousands of
children and adults over its fifteen -year life. Many students of the garden went forth to create
sustainable gardening programs around the United States and the world.
Our exhibit features an oral history interview of Betty Peck and Jackie Welch and many photos of the
garden. This exhibit will run through the school year and we plan to add information about other,
current community gardens and related issues.
CHC hours are Tuesday through Thursday, 9:30 a.m. to 12 Noon
and 1:00 p.m. to 4:00 p.m.
California History Center at De Anza College
21250 Stevens Creek Blvd.
Cupertino, CA 95014
For more information contact Tom Izu at (408) 864 -8986
From: Jade Bradbury [mailto:jadeartdesign @yahoo.com]
Sent: Wednesday, October 07, 2009 12:38 PM
To: 'BettyPeck @aol.com'
Subject: A Visit to the Creek
Dear Betty,
Last weekend I had my first opportunity to walk the Creek trail behind your property and was pleasantly
surprised to discover what a wealth of Saratoga's natural history can be experienced there. The creek itself
seems to have struggled valiantly to reconnect itself to the community whose name reflects its early heritage as
an Indian village. Sunlight and shade dapple the path, and diverse wildlife footprints mark its byways to the
creek.
Somehow it seems almost essential to preserve this lovely remaining area, with its trees and plants and animals,
as a symbolic and actual connective feature, binding together Saratoga's past, present and future. If my own
experience of it is any indication, children and adults of all ages will cherish and benefit from this natural
community treasure for generations to come.
Love,
Jade
1 of 1 10/7/2009 2:25 PM
CITY OF SARATOGA
CITY COUNCIL
TRAFFIC SAFETY COMMISSION
Joint Meeting Agenda
DATE: October 7, 2009
TIME: 6:00 PM
LOCATION: Administrative Conference Room
13777 Fruitvale Avenue, Saratoga, CA 95070
AGENDA
1. Review Commission Activities
2. Review resulting actions
3. Discuss potential policy implications of trends "Solution Creep"
4. Discuss HOA representation issues
5. Status of Oak Street Task Force and Herriman Task Force
Adjournment
Traffic Safety Commission Summary
IE
Request or Concern
Street
Action
Crosswalk Improvements
Saratoga Ave at Crestbrook
Traffic Engineer plan
Crosswalk Improvements
Prospect at Covina
Striping
Crosswalk Improvements
Village
Traffic Engineer Village Improvement plan
Crosswalk Improvements
Prospect at Titus
Seek grants for in- pavement lighting
Misc, (cars traveling in bike lane)
Saratoga Ave at Saratoga Glen PI.
Install sign and chatter bars
Misc. (audible signals)
Citywide
Traffic Engineer plan
Misc. (Blocked intersection)
Oak at Lomita
Install "Keep Clear” pavement legend
Misc. (keep cars in lane)
Montalvo
Install Bott dots
Misc. (Turn pocket)
Sara Sunnyvale at Kirkmont
No action
Misc. (Turn pocket)
Ranfre
Install turn pocket
Sign (Children at Play)
Manor Drive
No action
Sign (No Trucks)
El Quito North
Install No Truck" signs
Sight Distance
Crisp and Fruitvale
Trim landscaping
Speeding
Allendale
Install knockdown sign
Speeding
Brookglen
Use radar trailer and directed enforcement
Speeding
Komina
Speed bump
Speeding
Purdue
Striping plan
Speeding
Herriman
Traffic Engineer plan
Speeding
6th
Use radar trailer and directed enforcement
Speeding
Martha
Striping plan
Speeding
Glen Brae
Median choker
Speeding
Pierce at Foothill
No action
Speeding
Pierce at Surry
No action
Speeding
Pierce at Pike
No action
Speeding
Austin Way
Use radar trailer and directed enforcement
Speeding
Oak
Use radar trailer and directed enforcement
Speeding
Fredericksburg
Use radar trailer and directed enforcement
Speeding
Farwell
Use radar trailer and directed enforcement
Stop sign
BBW 4th St.
No action
Stop sign
Marilyn at Ravenwood
Install Stop sign
Traffic light
Herriman at Saratoga Ave.
No action
2007
�,_e_h Ego
`G���._� °s 33• °3
Request or Concern
Street
Action
Red curbs
Saratoga at Sarapark Circle
Paint red curb
Red curbs
Montalvo
No action
Red curbs
Big Basin Way
No action
Red curbs
BBW at 5th
Paint red curb
Red curbs
Saratoga Ave
Paint red curb
Red curbs
Douglass
Paint red curb
Sign (Hidden Driveway)
Pierce
Install "Hidden driveway" sign
Speeding
Aloha
Use radar trailer and directed enforcement
Speeding
Aspesi
Install median island
Speeding
Ravenwood
Use radar trailer and directed enforcement
Speeding
Montalvo
Use radar trailer and directed enforcement
Speeding
Portos at Harleigh
Use radar trailer and directed enforcement
Request or Concern
Street
Action
Speeding
Regan
Use radar trailer and directed enforcement
Speeding
Brookglen
Install 2 median chokers
Speeding
Allendale
Use radar trailer and directed enforcement
Speeding
Sobey
Use radar trailer and directed enforcement
Speeding
Braemar
Use radar trailer and directed enforcement
Speeding
Cox Avenue
Install knockdown sign
Stop sign
Farr Ranch at Burnette
No action
Stop sign
Quito at McCoy
Traffic Eng. plan pedestrian refuge median
Stop sign
Winter and Chateau
Install 2 Yield signs
Stop sign
Tamworth
Install Stop sign
Stop sign
Hill Avenue
Install Stop sign
Stop sign
DeSanka at Knollwood
No action
2008x,
n a s�
Request or Concern
Street
Action
Crosswalk Improvements
Hwy 9 at P.O.
Repaint crosswalk
Crosswalk Improvements
Cox Avenue at Quito Mkt.
Traffic Engineer plan
Crosswalk Improvements
Allendale at Dolphin
No action
Misc, (Median on Hwy 9)
Oak PI and Oak Street
Traffic Engineer plan for striping
Red curb
Knollwood and DeSanka
Extend existing red curb 10 feet
Red curb
Kirkmont at Atruim
Paint red curbs
Red curb
Marshall Lane
Paint red curbs
Red curb
Stoneridge Drive
Paint red curbs
Red curb
Saratoga Hills Road
No action
Sign (Cross traffic does not stop)
Cumberland at Via Escuela
Install "2 way stop" on Cumberland
Speeding
Via Roncole, Arroyo de Arguello
Use radar trailer and directed enforcement
Speeding
Hill Avenue
Use radar trailer and directed enforcement
Speeding
Williams Road
Use radar trailer and directed enforcement
Speeding
Canyonview
Use radar trailer and directed enforcement
Speeding
Reid Lane
Use radar trailer and directed enforcement
Stop sign
Chateau at Shadow Mt.
Install Stop sign
Stop sign
Ravine at Bainter
Restriping plan
g 2009 aYEtt.,'
n.....
�s, .._n� E.NaeIG- _rivea•;
Request or Concern
Street
Action
Red curb
Bankmill at Stoneridge
Paint curb double yellow near intersection
Remove No Right Turn sign
Saratoga at McFarland
No action
Request Crosswalk
Kirkbrook
Paint one crosswalk at Kirkmont
Request Hidden Driveway sign
Springer
Install sign
Request knockdown sign
Cox
Add crosswalk sign at Glenbrae Seagull
Review CIP project
Aspesi
Move forward with median project
Review CIP project
Cox Avenue
Waiting for neighborhood input
Speeding
Reid Lane
Use radar trailer and directed enforcement
Speeding
Herriman
Wait until Herriman TF process complete
Speeding
Seagull
No action
Speeding
Springer
No action
Speeding
Braemar
Use radar trailer and directed enforcement
Increase visibility of center line
Chester
Add additional reflectors on yellow line
o.ifbr 000 9 PM
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Overwhelming public response could
delay Cupertino cement plant's permit
process
By Matt Wilson
Cupertino Courier
Posted: 09/28/2009 02:15:06 PM PDT
Updated 09 /28/2009 02:18:55 PM PDT
The Bay Area Air Quality Management District could delay until December
a decision about whether Lehigh Southwest Cement Plant should have its
permit renewed.
The possible delay would be a response to an overwhelming community
response to the renewal. At a meeting earlier this month, dozens of
Cupertino residents stepped up to the microphone to vent their frustration
with having the plant as a neighbor and asked that the plant not have its
Title V permit renewed.
The district had planned to decide whether to renew the permit by the end
of October, but might delay that until December so it has time to consider
all public comments. The Title V Permit is a compilation of all existing air
quality requirements including emissions limits and standards, monitoring,
record keeping, and reporting requirements and is required for the plant to
continue operations at the site. Permit renewal is required every five years.
Complaints about the plant centered around dust, noise, odors, limestone
dust on cars and fears about the potential long -term health issues for living
close to the facility.
Some residents pleaded with air district staff to consider postponing the
permit until new studies about the potentially harmful affects of some
pollutants are more clearly studied. A few residents who live near the
facility argued that they were better judges of facility compliance than state
and country regulators.
"I was awakened twice this summer
by a noxious odor in the wee
hours of the moming," said Ruth
Zabor, who lives one mile from
the facility. "I really think it has to
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A few residents, and some in the health profession, brought slideshow
presentations of lime dust in their neighborhood and photographs of what
they consider to be too much pollution coming from the facility.
"It's very encouraging to see a broader perspective of people at these
meetings," said resident Lyn Faust, who lives about a half -mile from
Lehigh. "I think it makes a very big impact. I hope the [air district] takes into
account the size of the audience and puts the permit on hold until we get
all the answers."
If a renewal is granted, it will be sent to the Environmental Protection
Agency and issued sometime in the fall or before the new year, according
to air district staff.
Lehigh has no ongoing violations or pattems of recurrent violations, district
officials said.
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Overwhelming public response could delay Cupertino cement plant's permit process San... Page 2 of 2
The former Hanson Permanente Cement plant is in unincorporated Santa
Clara County just beyond the westem border of Cupertino. Mining on the
site dates back to the 1880s and the cement plant has been operating
since 1939.
Nearby Stevens Creek Elementary School frequently has its air monitored.
As of Sept. 3, there were three samples taken which did not detect the
pollutant hexavalent chromium. A very small amount was detected in the
fourth through seventh samples. The district said these levels do not pose
significant health risks. The EPA and the air district will continue
monitoring in September.
The Bay Area Air Quality Management District is the regional govemment
agency that regulates stationary sources of air pollution in nine counties in
the Bay Area. Approximately 100 facilities in the Bay Area require Title V
permits.
For more information go to http: //www.baagmd.gov
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mhtml•file: /C:\Documents and Settings\Administrator\Local Settings \Temporary Internet 9/28/2009
QuarryNo!
www.quarryno.com
Thu Bui
Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Dear Ms. Bui,
September 29, 2009
QuarryNo, a community of Santa Clara County residents, hereby submits its
comments regarding the proposed renewal of Lehigh Southwest Cement Company's
(hereinafter "LSCC Title V Permit to operate its facility located at 24001
Stevens Creek Blvd., Cupertino CA, 95014, for the next 5 years.
We find dust on the ground, we understandably fear Mercury and Chromium
in the air and we lack confidence in the clearly outdated Health Risk Assessment
(hereinafter "H.R.A. the BAAQMD has used to justify its approval. We look to
the BAAQMD to "protect and improve public health, air quality, and the global
climate as called out in its mission statement. In particular, we look to Jack
Broadbent, as Chief Executive Officer and Air Pollution Control Officer, to weigh
these comments in considering the proposed renewal of LSCCs 5 Year Permit. We
appreciate the BAAQMD time spent in reviewing our following comments.
A Clear Nuisance: LSCCs Incessant Airborne Limestone Emissions.
Throughout the BAAQMD Statement for Basis of Renewal, it proffers that
the Cement Plant complies with existing regulations and in particular Regulation 6-
305, which mandates that no visible particulates fall on adjacent property in such
quantities as to be a nuisance. Without question, this representation is untrue.
From August 11 through September 1, 2009, we observed and recorded
numerous pictures of highly visible particulate emissions corning from LSCCs
Cement Plant. A sampling of these pictures are attached and identified below as
Pictures 1 -17. The particulate emissions occurred on a daily basis, generally in the
1
afternoon, and settled on the ground as thick dust that blanketed cars, patios,
skylights and residents. Notwithstanding the documented emissions, according to
the BAAQMD Statement of Basis for Renewa /there were supposedly only 4 such
emissions at LSCC in all of 2009. We believe these pictures to be "credible
evidence" that Regulation 6 -305 is violated daily.
As you can see, the "dust" falling from the sky is literally everywhere as
demonstrated further in photographs attached and identified below as Pictures
18 -25. Since this dust contains limestone its presence constitutes far more than
simply a visible nuisance, as it cannot be removed with a water spray alone, but
requires an acidic wash to remove it. Yet, an acidic wash voids the exterior
warranty on any automobile. Repainting a car costs a minimum of $2,000.00, and
based on the impacted locations, as reported by numerous residents, we believe
approximately 9,000 cars have been adversely affected by LSCCs "dust This
quantifiable impact on residents is in excess of $18,000,000.00, and not counting
damage to skylights, air filters, etc. LSCC's emissions are well beyond the nuisance
level and require prompt corrective action.
Pictures 1 -25 also directly contradict the annual compliance statement by
LSCC's Compliance Officer that there are no such emissions. The photos clearly
demonstrate dust levels in residential areas at such a high level of visibility as to
be undeniably noticeable. Despite this proverbial elephant sitting on neighborhood
cars, patios, skylights and residents, we are led to the incredible conclusion that no
one from LSCC or the BAAQMD, with its 10PM particulate monitoring station, has
detected the dust. Calls to complain have.been ineffective as the Inspector must
be notified prior to 3:OOPM, while shortly thereafter the emissions, generally,
begin. As a consequence, discouraged residents have simply given up calling, which
has resulted in the acknowledging only 4 reported violations, although
LSCCs emissions occur almost daily.
This present situation is profoundly disturbing as it allows BAAQMb's
Statement of Basis for Renewal to be based upon the obviously incorrect
assumption of no violations" and relied upon by the EPA and the BAAQMD to
justify less regulation, when ,just the opposite is the case. For example, on page 44
of the Statement of Basis for Renewal, it states the "District has determined the
operation is not out of compliance and hence no Title V permit compliance schedule
is required On page 49, it states further that the "annual source test
2
requirement is adequate because previous source tests have consistently
demonstrated compliance
Yet, this has been proven untrue time and again. It should not be up to
residents alone to monitor the particulate emanating from LSCC. In considering the
numerous discrepancies between what has been reported by LSCC and what the
residents have observed, there should be daily checks at random hours by the
BAAQMD to ensure compliance and protect the health of the community.
Inadequate And Unreliable Air Quality Testing And Monitoring At LSCC.
For purposes of clarity, Title V calls for a re- examination of all monitoring
and compliance, however, this has not been done at the LSCC due to the erroneous
assumption of no violations at LSCC. The only, ongoing, source monitoring at LSCC
has been for NOX and SOX'emissions. There has been no source monitoring for
other known Toxic Air Contaminants (hereinafter "TACS Though the annual
"source tests" suggests so, the words are misleading as they are not based upon
fact but rather modeling. The "source tests" apparently involve only third -party
input- output analysis which attempts to predict what LSCCs emissions,
theoretically, may contain. In essence, predictive models are constructed using a
compilation of data including, but not limited to, average values, average
temperatures, and best practices rather than actual source measurements. Such
modeling appears to be the only TACS monitoring conducted by LSCC and the
BAAQMD over the last 10 years. Unfortunately, this flawed and obviously
incomplete level of monitoring is allowed to continue with the new permit, even
though Title V calls for a re- examination of all such monitoring. We believe that
this real problem must be addressed with real data, not simply hypothetical
modeling.
We also believe a re- examination would reveal the inadequacy of prior
"source test" monitoring at LSCC, as LSCC as been let off the hook for years. In
2001, the "source test" conducted by a contractor picked by LSCC set the average
Hexavalent Chromium emission at 0.457 lbs. per year. LSCC "supposedly met this
limit for Hexavalent Chromium emissions from 2002 to 2007, when a new "source
test "was conducted. This test, disturbingly, suggested the emissions were much
higher and LSCC officially then reported the Hexavavalent Chromium emissions had
been understated for 7 years. The actual emissions are unknown as there were no
actual measurements made apparently. The number was determined by modeling
3
with variable assumptions such as coke or coal for fuel and whether the mill was on
or off. In the absence of a real number the LSCC and the BAAQMD agreed to a
doubling of Hexavalent Chromium emissions (1.059 lbs. per year). This number was
very convenient as it, on paper, allowed all to say that there were no health risks.
Instead of garnering additional scrutiny, the prior lower number was categorized
as a "miscalculation" and LSCC's new permit has been adjusted to double the
amount of Hexavalent Chromium it is allowed to emit. This very significant
adjustment occurred even though Hexavalent Chromium is a deadly carcinogenic.
We believe any permitted increase, much less a doubling, must be thoroughly
analyzed and carefully considered prior to any issuance. The inadequacy of "source
tests" was further illustrated when the same miscalculation occurred with
Beryllium and Lead and lasted also for 7 years before being revealed.
According to LSCC, it contends that it never exceeded or violated the lower
Hexavalent Chromium level between 2002 2009. Yet, there have been no public
announcements or recordings by LSCC of its Hexavalent Chromium emissions
beyond the 0.457 lb limit until now with the official statement they had been
understated. According to the BAAQMD, LSCC has allegedly been in full
compliance with a "low likelihood" of committing a violation despite the official
recognition of understatement. The understatement was not defined as a violation
but as a miscalculation by a vendor. However it does require doubling the amount of
Hexavalent Chromium allowed to be emitted while at the same time saying there
were no violations but on the other hand whatever was emitted was understated.
Since there were no actual measurements no one apparently knows what level of
Hexavalent Chromium fell on the residents. Simply put, since there were no
violations LSCC has demonstrated the ability to meet the current permit level of
0.457 Ibs.per year. Consequently we believe there should be no increase in
allowable Hexavalent Chromium emissions included in the new Permit.
We also find the absence of meaningful monitoring of LSCC, and substantial
deferral to LSCC by the BAAQMD, quite troubling. LSCC has been allowed to
propose its own predictive Toxic emission levels, which the BAAQMD appears to
readily accept after checking the data provided, but without any real monitoring to
independently validate or confirm any of the data LSCC chooses to provide. It
appears that every few years LSCC hires a third -party to revalidate its emissions
levels which the BAAQMD reviews, and readily approves, without further inquiry.
The obvious problem with this methodology is that LSCC appears to remain in
4
compliance, the BAAQMD is credited for "monitoring" and, if there is a violation, it
really is only a miscalculation by a third party.
It is instructive to compare BAAQMD's seemingly "hands off" approach
regarding its monitoring of LSCC's Hexavalent Chromium emissions with that of the
South Coast Air Quality Management District (hereinafter "SCAQM Proactively,
SCAQM mounted an independent study of air toxins and installed monitoring
stations throughout its District. These stations went beyond predictive modeling
studies and were designed and specifically implemented to provide SCAQM with
real data. As detailed on its website, SCAQM's testing detected elevated levels of
Chromium 6 in the air and traced it to a cement plant almost 3 miles away.
(SCAQMD Website). In unfortunate contrast, and in the same time period,
BAAQMD did nothing until it was ordered by the EPA in March 2009; to test for
and measure the presence of Hexavalent Chromium at the Stevens Creek Grade
School. Here, the school is located just 2 ominous miles from LSCC
In what appears to be an effort to avert community scrutiny, the BAAQMD
Statement of Basis for Renewal, continually recites Regulation 2 -1 -412. The
Regulation allows LSCC to not have to alert residents because its cement plant is
located more than 1,000 feet from a public school. It appears that whenever an air
quality threat appears at LSCC, the BAAQMD seeks the path of least resistance,
though that has led to additional emissions.
Apparently with Mercury that path of least resistance is to issue the LSCC
TitleV Permit as soon as possible before the new EPA Mercury restrictions (40CFR
parts 60 63) become effective. The EPA has concluded that the risks for
Mercury emissions from Cement Plants are far higher than originally expected. The
LSCC Cement Plant and Quarry has been one of the worse cement kilns for
Mercury pollution in the country (EPA Toxic Release Inventory). According to LSCC
the new regulations will require major changes and even then emissions may not be
acceptable (Mercury Register, June 25,2009). Only now is the debilitating nature
of Mercury poisoning becoming known. We understand that studies are ongoing
linking Cement Plants directly with Autism cases in Texas.
We sincerely hope that before the BAAQMD decides to renew LSCCs
permit that it exercises regulatory prudence and fulfills its charge to be at the
forefront of air quality improvement and act to ensure that all Bay Area residents
enjoy their right to breathe clean air.
5
LSCC's Application For Renewal Of Its Permit Is Based Upon An
Unreliable, Outdated And An Incomplete Health Risk Assessment.
We are not dealing with theoretical calculations, unknown substances and
unrecorded violations common in 19 Century industrializing nations. Here, the
underlying issues deal with the health of a large community and its exposure to
known carcinogens. Notably, the Health Risk Assessment incorporated into the
BAAQMb Statement of Basis for Renewal is almost a year old and, while stating
concerns, declares that LSCC meets health protective risk standards. The concern
stated is that they are still awaiting a Toxic Emissions Report even though the
BAAQMb Fact Sheet june 24, 2009 says it was received March 30, 2009 prior to
the release of the Statement of Basis for Renewal again raising question as to the
accuracy and completeness of the H.R.A. Furthermore, on Page 3 of the Fact
Sheet, it states risk levels are rising which suggests the H.R.A. is no longer
reliable.
We are also dismayed that while the BAAQMb Health Risk Assessment is
almost a year old, it is based on even older emission data from 2007, which, again,
are only estimates and not actual measurements of LSCC's substantial emissions.
These "estimates" are then combined along with additional assumptions to
construct a model which supposedly predicts the impact on the local "receptor or
more commonly known as the resident. Surprisingly, the prediction is that no
adverse health effects are expected to occur even for sensitive members of the
population like children and the elderly. The Health Risk Assessment ominously
concludes with an admonition that an updated Health Risk Assessment may be
necessary. We believe an updated Health Risk Assessment is not only necessary
but should be mandatory prior to the renewal of LSCC's Permit.
In considering all the inadequacies discussed herein, it is very difficult for
the community to have faith in the current Health Risk Assessment assurance that
"all is well given the dependence solely on LSCC data, the numerous documented
emission limit errors since 2001, the absence of any direct monitoring of LSCCs
emissions, the substantial evidence of dangerous Chromium and Mercury emissions
at other cement plants, and the apparent willingness of the BAAQMD to go along
with it all. Consequently, we do not believe a new 5 year permit, allowing LSCC to
continue down this harmful path, should be issued at this time
6
Again, the mission of the BAAQMb is to protect our health. Based upon
what has transpired at LSCC we do not believe that the BAAQMb is fulfilling its
duty. However, there is still time to reverse what has been allowed to take place at
LSCC for far too long. We thank you for taking the time to consider the contents
of this letter and hope that our comments and concerns are taken under
consideration prior to the renewal of LSCCs permit.
Bill Almon, on behalf of the Members of QuarryNo.
7