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Public CommentC L i ~l ~~I~ Draft Boazd of Directors' Regular Meeting of December 2, 2IX~9 Executive Officer/APCO Jack Broadbent reported that staff has received considerable comment regarding the plant's permit renewal; staff plans to provide a briefing at the February 2010 Stationary Source Committee meeting and does not plan to make a decision until early 2010. Regarding questions on the timeline of the EPA permit review and in response to the numerous comments from the public, he confirmed that staff is in conversation with the EPA and the clock has restarted which will provide additional time for filing petitions and/or comments. Director Kishimoto thanked staff for the update and confirmed with Mr. Broadbent that the Board has the ability to direct staff to prepare rules that go beyond federal requirements, and that staff wants to better understand the regulation developed by the E:PA, which is expected to be issued June 2010. Mr. Broadbent also clarified that additional regulation~> or revofits to the facility can be proposed and considered by the Board at any time during the 5-year Title V permitting process. Director Garner confirmed with Mr. Broadbent tha~: details of the plant's monitoring program will be presented at the Stationary Source Committee meeting. Com mendatious/Proclamatious/Awards The Board of Directors recognized outgoing Advisory Council Chairperson, Harold M. Brazil, for his outstanding leadership on the Advisory Council this past year. CONSENT CALENDAR (llama 1-5): (. Approval of Minutes of November 1 S, 2009 Regular Meeting (removed by Director Daly/; 2. Communications 3. Disvict Personnel Out-of-State Business TrFivel 4. Consider Revising the existing Job Classif.cation of Facilities Manager to be titled Strategic Facilities Planning Manager 5. Approve Proposed Amendments to the Air District's Administrative Code Division 1[1- Personnel Policies and Procedures-Section 3 adding a new subsection 3.12, entitled Fraud, Misconduct, and Dishonesty in the Workplace. Board Actiou: Director Brown made a motion to approve Consent Calendar Items 2, 3, 4, and 5; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. Approval of Minutes of November 18, 2004 Regular Meeting (removed); Director Daly referred to page 10, item 10 and requested it be amended to indicate that suppoR was voiced for the consideration of the tiered approach by those Directors present. Board AMioa: Director Daly made a motion to approve Consent Calendar Item 1, as amended; Vice Chairperson Wagenknecht seconded the motion; cz.rried unanimously without opposition. COMMITTEE REPORTS AND RECOMMENDATIONS: 2. Executive Committee Meeting November 19, 2009 Chair: P. Torliatt WEST V ~ t-t~Fi ~ G [ T I ~~~A1j s'ct ~_ ~d.~'f--~j'/ `~ o Yw ~-( ~ i~ W J c A~ .~ Draft Board of Directors' Regular Melling of December 2, 20119 Executive Officer/APCO Jack Broadbent reported that staff has received considerable comment regarding the plant's permit renewal; staff plans [o provide a briefing at the February 2010 Stationary Source Committee meeting and does not plan to make a decision until early 2010. Regarding questions on the timeline of the EPA permit review and in response to the numerous comments from the public, he confirmed that staff is in conversation with the EPA and the clock has restarted which wilt provide additional time for Piling petitions and/or comments- Director Kishimoto thanked staff for the update and confirmed with Mr_ Broadbent that the Board has the ability to direct staff to prepare rules that go beyond federal requirements, and that staff wants to better understand the regulation developed by the EPA, which is expected to be issued June 201 O. Mr. Broadbent also clarified that additional regulations or retrofits to the facility can be proposed and considered by the Board at any time dwing the 5-year Title V permitting process. Director Gamer confirmed with Mr. Broadbent that. details of the plant's monitoring program will be presented at the Stationary Source Committee meeting. Commendations/ProclamatioaslAwartls The Board of Directors recognized outgoing Advisory Council Chairperson, Harold M. Brazil, for his outstanding leadership on the Advisory Council this past year. CONSENT CALENDAR (Items 1-S): I . ` Approval of Minutes of November 1 8, 2009 Regular Meeting (removed by Director Dalyj,~ 2. Communications 3. District Personnel Out-of--State Business Travel 4. Consider Revising the existing Job Classification of Facilities Manager to be titled Strategic Facilities Planning Manager 5. Approve Proposed Amendments to the ?.ir District's Administrative Code Division ItI- Personnel Policies and Procedures-Section 3 adding a new subsection 3.12, entitled Fraud, Misconduct, and Dishonesty in the Workplace. Board Action: Director Brown made a motion to approve Consent Calendar Items 2, 3, 4, and 5; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. Approval of Minutes of November 18, 2009 Regular Meeting (removed),- Director Daly referred to page 10, item 10 and requested it be amended to indicate that support was voiced for the consideration of the tiered approach try those Directors present- Board Action: Director Daly made a motion to api~rove Consent Calendar Item 1, as amended; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. COMMITTEE REPORTS AND RECOMMENDATIONS: 2. Executive Committee Meetlog November 19, 2009 . Chair: P. Torliatt Draft Board of Directors' Regular Meeting of December 2, 2009 Executive Officer/APCO lack Broadbent reported. that staff has received considerable comment regarding the plant's permit renewal; staff plans to provide a briefing at the February 2010 Stationary Source Committee meeting and does not plan to make a decision until early 2010. Regarding questions on the timeline of the EPA permit review and in response to the numerous comments from the public, he confitirted that staff is in conversation with the EPA and the clock has restarted which will provide additional time for Fling petitions and/or comments. Director Kishimoto thanked staff for the update and confirmed with Mr. Broadbent [hat the Board has the ability to direct staff to prepare rules that go beyond federal requirements, and that staff wants to better understand the regulation developed by the E]'A, which is expected to be issued June 2010. Mr. Broadbent also clarified that additional regulations. or retrofits to the facility can be proposed and considered by the Board at any time during the 5-yeah Title V permitting process. Director Garner confirmed with Mt. Broadbent that details of the plant's monitoring program will be presented at the Stationary Source Committee meeting. Com mendaHon s/Proclamations/Awards The Board of Directors recognized outgoing Advisory Council Chairperson, Harold M. Brazil, for his outstanding leadership on the Advisory Council this past year. CONSENT CALENDAR (Items 1-5): 1 . Approval of Minutes of November 1 8, 2009 Regular Meeting (removed by Director Daly/; 2. Communications 3. District Personnel Out-of--State Business Travel 4. Consider Revising the existing Job Classification of Facilities Manager to be titled Strategic Facilities Planning Manager 5. Approve Proposed Amendments to the p.ir District's Administrative Code Division ill- Personnel Policies and Procedures-Section 3 adding a new subsection 3.72, entitled Fraud, Misconduct, and Dishonesty in the Workplace. Board Action: Director Brown made a motion to approve Consent Calendar Items 2, 3, 4, and 5; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. Approval of Minutes of November 18, 2009 Regular Meeting (removed), Director Daly referred to page 10, item ]O and requested it be amended to indicate that support was voiced for the consideration of the tiered approach by those Directors present. Board AMion: Director Daly made a motion to approve Consent Calendar Item 1, as amended; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. COMMITTEE REPORTS AND RF.COMMENICrATIONS: 2. Executive Committee Meeting November 19, 2009 Chair: P. Torliatt Draft Board of Directors' Regular Melling of December 2, 20C 9 Executive Officer/APCO Jack Broadbent reported that staff has received considerable comment regarding the plant's permit renewal; staff plans to Itrovide a briefing at the February 201 O Stationary Source Committee meeting and does not plan to make a decision until early 2010. Regarding questions on the timeline of the EPA permit review and in response to the numerous comments from the public, he confirmed that staff is in conversation with the EPA and the clock has restarted which will provide additional time for filing petitions and/or comments. Director Kishimoto thanked staff for the update and confirmed with Mr. Broadbent that the Board has the ability to direct staff to prepare rules that go beyond federal requirements, and that staff wants to better understand the regulation developed by the EPA, which is expected to be issued June 2010. Mr. Broadbent also clarified that additional regulation:: or retrofits to the facility can be proposed and considered by the Board at any time during the 5-year Title V permitting process. Director Garner confirmed with Mr. Broadbent that details of the plant's monitoring program will be presented at the Stationary Source Committee meeting. ('om mendations/Proclamations/Awards The Board of Directors recognized outgoing Advisory Council Chairperson, Harold M. Brazil, for his outstanding leadership on the Advisory Council this past year. CONSENT CALENDAR (Items 1-5): I . Approval of Minutes of November 1 8, 2009 Regular Meeting (removed by Director Daly); 2. Communications 3. District Personnel Out-of--State Business Travel 4. Consider Revising the existing Job Classification of Facilities Manager to be titled Strategic Facilities Planning Manager 5. Approve Proposed Amendments to the F.ir District's Administrative Code Division III- Personnel Policies and Procedures-Section 3 adding a new subsection 3.12, entitled Fraud, Misconduct, and Dishonesty in the Workplace. Board Action: Director Brown made a motion to approve Consent Calendar Items 2, 3, 4, and 5; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. Approval of Minutes of November 18, 2009 Regular Meeting (removed), Director Daly referred to page 10, item 10 and requested it be amended to indicate that support was voiced for the consideration of the tiered approach 1>y those Directors present. Board Action: Director Daly made a motion to approve Consent Calendar Item 1, as amended; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. c'OMMITTEE REPORTS AND RECOMMENItATIONS: 2. Execntive Committee Meeting November l9, 2009 Chair: P. Torlia[t Draft Board of Directors' Regular Mccting of December 2, 2003 Executive Officer/APCO lack Broadbent reported that staff has received considerable comment regarding the plant's permit renewal; staff plans to provide a briefing at the February 2010 Stationary Source Committee meeting and does not plan to make a decision until early 2010. Regarding questions on the timeline of the EPA permit review and in response io the numerous comments from the public, he confirmed that staff is in conversation with the EPA and the clock has restarted which will provide additional time for tiling petitions and/or comments. Director Kishimoto thanked staff for the update and confirmed with Mr_ Broadbent that the Board has the ability to direct staff to prepare rules that go beyond federal requirements, and that staff wants to better understand the regulation developed by the EF'A, which is expected to be issued June 2010. Mr. Broadbent also clarified that additional regulations or retrofits to the facility can be proposed and considered by the Board at any time during the 5-year Title V permitting process. Director Gamer confirmed with Mr. Broadbent that details of the plant's monitoring program will be presented at the Stationary Source Committee meeting. C'o m mendations/Proctamations/Awards The Board of Directors recognized outgoing Advisory Council Chairperson, Harotd M. Brazil, for his outstanding leadership on the Advisory Council this past year. CONSENT CALENDAR (Items 1-Sl: 1 . Approval of Minutes of November 18, 2009 Regular Meeting (removed by Director Da[yJ; 2. Communications 3. District Personnel Out-of--State Business Travel 4. Consider Revising the existing Job Classi£~;ation of Facilities Manager to be titled Strategic Facilities Planning Manager 5. Approve Proposed Amendments to the Air District's Administrative Code Division I[I- Personnel Policies and Procedures-Section 3 adding a new subsection 3.12, entitled Fraud, Misconduct, and Dishonesty in the Workplace. Board Action: Director Brown made a motion to approve Consent Calendar Items 2, 3, 4, and 5; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. Approval of Minutes of November 18, 2009 Regular Meeting (removed): Director Daly referred to page 10, item 10 and requested it be amended to indicate that support was voiced for the consideration of the tiered approach >:y those Directors present. Board Action: Director Daly made a motion to approve Consent Calendar Item 1, as amended; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. COMMITTEE REPORTS AND RECOMMENDATIONS: 2. Executive Committee Meeting November 19, 2009 Chair: P. Torliatt ~U`/~ M G~ ~ ~ 1~ =`7~ V7`~1--E-~y c- ~`TZ 2-€~Vs ,r~ cR i-t1~'7`~=f-/ Draft Board of Directors' Regular Mcccing of December 2, 2W~~ Executive Officer/APCO Jack Broadbent reported that staff' has received considerable comment regarding the plant's permit renewal; stetT plans to provide a briefing at the February 2070 Stationary Source Committee meeting and does not plan to make a decision until early 2010. Regarding questions on the timeline of the EPA permit review and in response to the numerous comments from the public, he confirmed that statT is in convenatior~ with the EPA and the clock has restarted which ~'.~ will provide additional time for filing petitions and/or comments. \\ ~ Director Kishimoto thanked staff for the update and confirmed with Mr. Broadbent that the Board has r~~ the ability to direct statT to prepare rules that go be}pond federal requirements, and that staff wants to better understand the regulation developed by the EF'A, which is expected to be issued June 2010. Mr. Broadbent also clarified that additional regulations or retrofits to the facility can be proposed and considered by the Board at any time during the 5-yet~r Title V permitting process. Director Gamer confirmed with Mr. Broadbent that details of the plant's monitoring program will be presented at the Stationary Source Committee meeting. Com meadatioaa/Proclamatioaa/Awards The Board of Directors recognized outgoing Adviscry Council Chairperson, Harold M. Brazil, for his outstanding leadership on the Advisory Council this past year. CONSENT CALENDAR flltema 1-Sl: 1 . Approval of Minutes of November 18, 2009 Regular Meeting (removed by Director DatyJ; 2. Communications 3. District Personnel Out-of-State Business Travel 4. Consider Revising the existing Job Classifi~~ation of Facilities Manager to be titled Strategic Facilities Planning Manager 5. Approve Proposed Amendments to the P.ir District's Administrative Code Division III- Personnel Policies and Procedures-Section 3 adding a new subsection 3.12, entitled Fraud, Misconduct, and Dishonesty in the Workplace. Board Actioa: Director Brown made a motion to .approve Consent Calendar Items 2, 3, 4, and 5; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. Approval of Minutes of November 18, 2009 Regular Meeting (removedJ,~ Director Daly referred to page 10, item 10 and requested it be amended to indicate that support was voiced for the consideration of the tiered approach try those Directors present. Board AMfoa: Dicector Dalymade a motion to approve Consent Calendar Item 1, as amended; Vice Chairperson Wagenknecht seconded the motion; carried unanimously without opposition. COMMITTEE.REPt2R7'C AND F.COMMF.NIC~ATIONS: 2. Executive Commiittee Meeting November 19, 2009 Chair: P. Torliatt z lL'o~ ~.ti~L~7 TABLE 1 C~ Il ~~l'b SUMMARY OF SANTA CLARA COUNTY'S PERFORMANCE AS A LEAD AGENCY UNDER SMARA V ~F,.ZBCfltl9t' D~CEf~S SurMce Mlne Slte Acres Adequacy of Issues Identlfled Outatanding Issues Adequacy of Adequacy of Summery (State ID Number) Inapectlon (Vlolatlon to be (No Vlolatlon Noted) Flnanclal Adminlstretlve Issued) Asaurence Process Curtner Products 129 Inadequate; Over steepened Three violations were Inadequate: Inadequate: No adequate (CA ID ar91.43-0001) No quantification of observations slopes; issued. No violation was Revised FA of Interim FA amended RP provided; no information Unstable fill and cut issued for potential $785,862 remains should be or FA in provided regarding land slopes; adverse impact to inadequate as implemented place. No reclaimed to date; no reference Inadequate adjacent watershed; noted by inspector. while RP is effective to performance coterie, COA or revegetation efforts; inadequate topsoil being enforcement permit requirements; no FA inadequate topsoil management practices, amended; NOV to date. calculations attached. management and need for amended issued in Sept. practices; and RP uncertain due to 2006; OTC potential adverse impact of unstable slope issued on impact to adjacent mitigation. August 8, 2007 watershed In addition, COA and for submittal of permit conditions not amended RP. ful addressed. Serpa Quarry 51,8 Inadequate; Precipitous over Four violations should Inadequate: Inadequate: No adequate (CA ID #913-0002) Inadequate quantificetion of steepened cut have been noted but Revised FA of No NOVs amended RP observations provided; no slopes; Unstable none were. In addition, $288,821 remains issued. or FA in information provided regarding slopes; fill slopes COA and permit inadequate as place. No land mrlaimed to date: no unstable; conditions not fully noted by inspector, effective reterence to performance revegetation addressed. enforcement coteda, COA or permit incomplete; potential to date. requirements, adverse impact to adjacent property; recycled glass used as soil media on slope. Azevedo Quary 255 Inadequate; Over steepened Two violations should Inadequate: Inadequate; No adequate (CA ID #91.43-0003) No quantification of observations slopes; potentialty have been noted but Revised FA of No NOVs amended RP provided; no information unstable slopes; none were, although an $249,980 remains issued. or FA in provided egading land unstable berm -soil amendment to the RP inadequate as place. No reclaimed fo date; no reference erosion control was noted. In addition, noted by inspector. effective to performance coteoa, COA or inadequate. COA and permit enforcement permit requirements. cond8ions not (ulty to date. addressed. PertneneMe Ouarry 532.4 Inadequate; Encroaclnrrerrh over Onty two violations were Inadequate: Inadequate: No adequate (CA ID #9t~3-0004) Inadequate quantification of steepened sopes; noted. No violation for Revised FA of Inappropoate amended observations provided; uratable sbpea; stream protection or $1,200,000 remains and ineffective No eflecUve inadequate infortnalion provided unengineered fiU; impact to adjacent inadequate as combined NOV. re ardin land reclaimed to i tot 8 watershed issued. In noted b ins actor. NOVIOTC No ode uate Agenda Item No. 2 -Santa Clara County 45-Notice of Deficiencies September 13, 2007 Page 8 of 29 date; no reference to management; addition, COA and Revised FA of issued in amended RP performance criteria, COA or inadequate soU permit conditions not $7,570,047 under October 2006 - or FA in permit requirements; no FA eroabn end dreinege sully addressed. review. inconsistent place. No calculations attached. measures-adjacent wlthSMAftA, effective watershed impacted. enforcement to date. Polak Quarry 64.9 Inadequate; Unstable stockpiles No violations were noted Inadequate: Inadequate; no No adequate (CA ID #91.43-0005) Inadequate quantification of which present although a violation for Revised FA of NOVs issued. amended RP observations provided; no potential safety bath over steepened $100,397 remains or FA in information provided egading hazaM; potential slopes and safety inadequate as place. No land reclaimed to date; na safety issues cancems should have noted by inspector. effective reference to performance adjacent to seasonal been noted. Impact on enforcement criteria, COA or permlt wetlands; over slte once slopes are to date. requirements; na FA steepened slopes. mitigated was not calculations attached, addressed. In addtion, COA and permit conditions not firlty addressed. Lexington Quarry 47.6 Inadequate; Over steepened Three violations were Inadequate: Inadequate: No adequate (CA ID #91.43-0006) No quantification of observations slopes; unstable noted. No violations Revised FA ai Inappropriate amended RP provided; no information slopes; were noted for $793,470 remains and ineffective or FA in provided regarding land encroachment; encroachment, inadequate as combined place. Na reclaimed to date: no reference inadequate revepetation, and noted by inspector. NOVIOTC effective to performance cdteria, COA or revegetalion efforts; potential adverse impact County claims no issued in enforcement permit requirements. inadequate drainage to groundwater. In need fo increase FA October 2006 • to date. and soil erasion addition, COA and since area is inconsistent efforts; inadequate permit condtions not already disturbed. with SMARA, topsoil management firlty addressed. efforts, Groundwater issue being adequatety addressed is uncedain. Stevens Creek Quarry 123 Inadequate; Over steepened Two violations were Inadequate: Inadequate: No adequate (AID #91.43-0007) No quantification ci observations slopes; unstable noted. No violations Revised FA of Inappropriate amended RP provided; no inionnation slopes; were issued for $829,435 remains and ineffective or FA in provided regarding land encroachment; encroachment and inadequate as combined place. No reclaimed to date; No reference inadequate drainage inadequate drainage and noted by inspector. NOVIOTC effective to performance cdteria, COA or and soil erosion soil erasion conhol issued in enforcement permit requirements, measures; measures, and impact ai October 2006 - to date. inadequate unstable slope mitigation inconsistent revegetation efforts. on perimeter boundaries. with SMARA. In addition, COA and permit condtions not PoI addressed. ~ecutive Off cer's 4~port 4~e~o.,.t Hagh s~~0°s 1 .,,' ' :, School Site Cowzcil Meeting Agenda Wed~aceday. January 13. 20110 • Sz00-8s30 pm • Eloom 8 1 . Call to Order 2. Approval of Minutes 3. School Activities Update 4. School Site Plan • Review Draft Plan 5. Adjournment Haley Cross Tariq Anees/Lori Riehl Haley Cross James Maxwell Haley Cross 2009-2010 Meeting Schedule (Ai/ meetings are Wednesdays from 5: 00 - E~:30 pm in Room 8.) April ? • May 5 Notes 8 Action Items: illy I~ ~ Environmental Protection Agency (EPA) Role in Regulating Lehigh Southwest Cement Presented at the Cupertino City Council Study Session Shaheerah Kelly, Environmental Engineer January 12, 2010 J~~~EO STq~S C0 ~ ~> p ~ V = P Fqr c1a ql PPOIE Regulatory Mechanisms • Air Permits • National Rules • CompliancelEnforcement • Other (includes non-regulatory) J~~tEO s4rs m C ~ YW 1~ `"i ~° r5l PAOtE~ Air Permits -Title V • Applies to operation of existing (already built) ~A 'I,L~AA • BAAQMD is the lead permitting authority • Program approved in 2001 • EPA oversees program implementation (permit reviews and program evaluations) ~tED 6tq~ J f <m ~ ,> F ~ W 0 f 2~, 2 ~til CO ql i60~E Air Permits - Title V Permit Review • Public participation - Comment period for the draft permit at least 30 days - BAAQMD may schedule a public hearing - EPA may submit comments during the comment period • EPA objection period - EPA has 45 days to object to the proposed permit - Anyone can petition EPA to object to the permit 60 days after the 45-day period ends if EPA has not objected to the permit - Petitions must be based issues raised during the public comment period • Lehigh title V permit - Review process will restart when BAAQMD re-proposes the ~~,,EOS,,,~s permit = 0 'y~ a p ~~W L ~ 02 ~~r,l PPO,E~ Air Permits - NSRIPSD • New Source Review (NSR) and Prevention of Sianificant Deterioration (PSD) construction permits • Applies to construction of new and modified major sources • BAAQMD is the lead permitting authority • EPA is currently reviewing an applicability determination for Lehigh ,a~tED S1gIPS im ~ ru < ///fff s 0 ~ D Z Y ~ D2 F~rgl PS01ED1 EPA's National Rules • New Source Performance Standard (NSPS) for Portland Cement Plants • National Emission Standard for Hazardous Air Pollutants (NESHAP) for Podland Cement Plants • Greenhouse Gas (GHG) Regulations J~~tE03Tq~8 i~ ~ 'rU ~ ~ w 0 ~ 7 0? ~irgl FAOIEC4 NSPS for Cement Plants • 40 CFR Part 60, Subpart F • Current rule establishes emission standards for particulate matter (PM) from cement kilns and associated systems (applies to Lehigh) • EPA is revising the current rule NSPS to regulate additional pollutants from affected units (e.g., cement kilns) constructed, modified, or reconstructed after June 16, 2008 • Comment period on proposed rule ended in Sept 2008 • The rule is expected to be finalized around the same time as the NESHAP J~~tED SiglFf _ ~ ,~U < w 0 ~ 0 2 Y b 2 Ph ~0 rql PSO~E~ NESHAP for Cement Plants ~ 40 CFR Pad 63, Subpad LLL • EPA is revising the current rule • Comment period on proposed rule ended in Sept 2009 • Final rule expected in June 2010 o~~tEO st4~d 2m ~ 'r0 ~ ~ 2 0 ~ 2 ~H 4 Jql AAOtE~ NESHAP-Proposed Limits • Set nation's first limits on mercury emissions from existing Kilns ana strengtnens ~~«i~« iur view K~~~~S • Set emission limits for hydrocarbons, particulate matter, and sulfur dioxide for kilns of all sizes, and reduces hydrochloric acid emissions from large kilns • Require continuous emissions monitoring for mercury from kiln stack J~1'ED SIgIF~ 2~ ~ 'rJ ~ w G ~ 0 2 3 ~ ~~l G10 ql PHOtE NESHAP -Projected Reductions ~ When fully implemented in 2013, EPA estimates this rule would reduce annual emissions nationwide by at least: Mercury 11,600 -16,250 pounds 81%-93% reduction Total Hydrocarbons 11,700 tons 75% reduction Hydrochloric Acid 2,800 tons 94% reduction Sulfur Dioxide 160,000 tons 90% reduction Particulate Matter 10,500 tons 96% reduction Ja~(EU 9Tq~ A im ~ ,'u 5 ~ W 0 ~ t pq ~0 rql CNO~EG NESHAP -Potential Requirements for Lehigh • Mercury reductions Installation of controls for mercury reductions • Monitoring • Compliance maybe required in 3 years after the final rule becomes effective J~`~ED 5~q~~ 2~ ~ ,y0 ~ s c _Iv u t a 3 a Fti 1P l4l PPO~ED GHG Rules • GHG Mandatory Reporting Rule - EPA published final rule on Oct 30, 2009 - Requires reporting of GHG emissions from facilities emitting over 25,000 tons of greenhouse gases a year - Cement plants are subject to this rule • NSRITitle V GHG Permitting Rule - EPA proposed rule on Sept 30, 2009 - Focused on six GHG pollutants at large facilities emitting over 25,000 tons of GHGs a year - Final rule expected in March 2010 • More information can be found at: http:Ilwww.epa.govlclimatechangelinitiativesl J~~ZED Siq~s ~ ^~///fff •'w 0 ~ D t Or ~itq! PAO(E~4` Compl iancelEnforcement • EPA currently has a national enforcement initiative fnr ~omont nl~ntc ivi vv. ~ ~~~ ~~ N~u~ ~~~ • Initiative is focused on NSRIPSD • More information can be found at: http:llwww.e .aovloecaerthlcivillcaalcementl • EPA has an ongoing investigation at Lehigh OH~~EO SIg1FJ` T '~~ < w p ~ ~ 2 Y 3 ~ eti! L10 ql PB01E Federal Clean Water Act • Standards - States must adopt and implement water quality standards for priority toxic pollutants - EPA must approve any proposed standard • Permits - NPDES permits required for sources that discharge into waters of the U.S. - States issue; EPA can object • TMDL (Total Maximum Daily Load) for Impaired Waters - States adopt, EPA must approve - TMDL for mercury: • San Francisco Bay: State has adopted and EPA has approved • Guadalupe River Watershed: - Regional Board has adopted, State is reviewing J~,,EOgq,~~ - Once State has adopted, EPA will review and act pm o Q F~l G4 q( V801E Air Toxics Monitoring Stevens Creek Elementary School • EPA Initiative to monitor air toxics at select schools across the country • Monitored hexavalent chromium • 13 samples taken over 3 month period last summer • Hexavalent chromium in samples were well below levels of concern • EPA is analyzing results, wind data, and source operations • Report will be issued later this year • BAAQMD is continuing monitoring for a year J~1EED S1g1fS <~ 0 ~_ o~~ z ~ 0? ~gJSI PPOtE~~\ AIRQUALITY MANAGEMENT DISTRICT Cupe il1~I~o/~ y ~ AIR(~UALITY MANAGEMENT California Air Pollution Control Agencies DISTRICT Air Districts Primary regulatory jurisdiction over stationary sources of air pollution.,. • Industrial, commercial, and public facilities such as various manufacturing facilities, landfills, gas stations, dry cleaners, auto body shops, printers Each air district adopts, implements and enforces its own ~ationary source rules and regulations Both GARB and U.S.- EPA also adopt stationary source rules that are implemented and enforced by the air districts • State Airborne Toxic Control .Measures (ATCM) • National Emission Standards.for Hazardous Air Pollutants (NESHAP) • New Source Performance Standards (NSPS) California Air Resources Board (GARB) Primary regulatory jurisdiction over mobile sources of air pollution • On-and off road sources such as passenger cars, trucks, buses, construction equipment, marine vessels, small utility engines Slide #2 AIRQUALITY MANAGEMENT DISTRICT Sources of Air Emissions at Lehigh. Facility - Quarry operations ^ .Emit dust and. diesel particulate matter (PM) Cement manufacturing operations ^ Prepare kiln feed. material (i,e., crushing, .grinding, blending,: drying, conveying of raw materials) Emit dust ^ Fire raw mix: in .kiln to produce clinker • Emit criteria air pollutants (e,g., nitrogen oxides, sulfur dioxide),. toxic air contaminants (e.g., benzene, mercury, hydrogen chloride), and greenhouse gases {e.g,, carbon dioxide): ^ .Grind clinker, blend with gypsum, store andload cement Emit dust - Transportation ofmaterials to/from site (rail and trucks) ^ Emit dust and diesel PM Slide #3 g.: AIRQUALITY Air Pollution Re ulator Re uirements ~ g Y q MANAGEMENT DISTRICT for the Lehigh Facility - Approximately .100 stationary. sources of air pollution, and 95 emission control devices, have Air District permits at the facility ^ Most control devices are baghouses (fabric filters) ^ Applicable regulatory requirements Include:. `District Regulation 6, PM and Visible Emissions, District Regulation 9, Rule l: Sulfur Dioxide, District New Source Review rules NESHAP NSPS ^ Facility is subject to approximately 1500 source-specificair pollution limits or standards ^ Each applicable limit or standard has compliance requirements (e.g., monitoring, recordkeeping, and reporting) ^ Title V Permit lists all applicable requirements ^ Air Toxcs Hot Spots Program Health Risk Assessment (HRA) Slide #4 AIR(lUALITY Upcoming Regulatory Requirements MANAGFNINi V D I S i A I CT for the Lehigh Facility -Title V permit renewal -Amendments to the NESHAP ^ Focus on mercury, hydrogen chloride, etc. -Ar District Clean Air Plan control measure Focus onnitrogen and sulfur oxides -AB-32 Greenhouse Gas Cap-and-Trade program Carbon dioxide Slide #5 AIRQUAIITY Concerns Expressed ~,' M"""~EMENT b Members of the Public DISTRICT Y • Health risks from toxic air contaminants • Mercury • Hexavalent chromium • Arsenic in soil • Dust emissions/fallout • Kiln visible emissions • Nitrogen and sulfur oxide. emissions Multiple stack issue..... • Truck emissions • Moving the quarry • Need. for more air monitoring Slide #6 AIR(~UAIITY MANAGEMENT ~I$TflICT For Additional Information... Brian Bateman Bay Area Air Quality Management .District (415)149-4653 bbateman~a,baagmd.~ov www. baagmdgov Slide #7 ilia lip ~ Questions? Shin-Roei Lee ~~Ia~ID ~ CALIFORNIA's SURFACE MINING & RECLAMATION ACT ISMAf~4-i by Jim Pompy Office of Mine Reclamato tt~:. ~~~, ~.~ a~ ~~ ~ `~~~ x' MARA INTENT x It is the intent of the Legislature to create and maintain an effective and comprehensive surface mining and reclamation policy with regulation of surface mining operations so as to assure t~'~~~~ `i~~' + (a) Adverse environmental effects are prevented or minimized and that mined 1a~+d are reclaimed to a usable conditi~ ~wh~c~i reap f r It rnative larirc~~ ~se~ di1 Ada table o a e Y p ~ ~ ,g, MARA INTENT - LATIN ED + (b) The production and conservation of m are encouraged, while giving considers ' values relating to recreation, waterst wildlife, range and forage, and aeste enjoyment. ° ~~~~~' + (c) Residual hazards to the p~~1 safety are eliminated. ~'r; fi 46 i' ~. a.~. ~ ~ ~, k. u ? ff ~ ~ a ~ ~ h ~ M ~ a~ ~ ~~ '~ 1 t` w~y y 5 ~i A ~ A° PLIE ~~^ ~~~ x Anyone, including government agencies, engaged in surface mining operations, which includes, but is nat limited to, + prospecting & exploratory activities A as + dredging & quarrying ~ ~ ; streambed skimming ~ ~ ~~ _~~ MARA - KEY ELEME x Reclamation plan x Annual inspections x Enforcement/penalties x Financial assurances x State oversight fr~ VESTED RI~HT~ x Lead agency determination + If, prior to January 1,1976 a person x Relied upon a permit or other authorization. (if re~~i~d x Dili entl commenced minin and incurred substantial g Y g liabilities j } . 9 # f ~ x ~Ue~ted ri hts determination re uire ~ x ~ ~- g q ~oasonable notice ~ ~ ~; ~ ~~~c ~ bearing ~~~~~ r t~ri~s ~©r~ytrn~ WH ADMINI TER MARA x Lead Agencies x Department of Conservation + Uttice ot~ Mine Keclamation + State Mining and Geology B + California Geological Surv N ~ ~.~ ~~~ t+~ A'. 4 s x t ~ ' ~~ f Y g ; y ~ q }} ~ 4 ~ ~ ~ ~~1 1 ~ ,~ ~r w ."~ E ~ ~h: BEAD A~EN~Y RE$PQN~IBI~ITI~S x Adopt Mining Ordinance x Issue Permit to Mine x vested ri hts determination g x A rove declamation Plans ~ t ~ °k ; + ~ ~, ~p ~ E + Approve Amendments and IMPs }~ A rove Financial Assurances 7 ~~ Y . { 6' r v ,~ t ~& ~ -~ , ~v~ety annually ~~.'~ ~ . , Annual Ins ections p ~~,~ ~' ~~ LEADAC~EN~Y RE$PQNSIBILITIE~S - ~QNT, x Forward Reclamation Plan to State for 30 d review + Certify that Plan Compli -~ Submit all Information at One Time. , : ~ ~ ~~~' ~~ x Forward Financial Assurance to Stt~~ . a ~~ ` ~~~~~ W ARE LAMATI N PLAN ? x Plan Submitted by Operator § ~ ~~ ? {.. t` ~ $ x rmi A li ati n onditions of A ~ ~ ~ ~ t ~ 1 use Pe t pp c o, C p~ ~r~ ~~~~~~ t ~: ~ ~ ~ ;~ ~ ~~ ~x ,Associated Geotechnical ~ drolo~ l~a~ ~~~ Y ~ ~ ~~ ~_ ~~~~~i~a~~~ ical Re ores ~~ ~ ~ p } ~~ ~~ ~~ dF ~ 3 tt ~ I ~ ~ # { F' k ~ ~ x CEQA Documentation, Mitigation ~ i ~ ~ h ~i RECLAMATION is the process by whit adverse impacts of mining are minimized so that mined lands can:be used for a beneficial land use, ~~ ~~:~ y key cQ~r of recta in~lt~c~ stabi~ ~ ` ~# F~~ r ~.. e ~ ~. ~~r~ M~ x~~,. ~~ x Name and Address ofOperator/Agent x Quantity and Type of Minerals to be x Initiation and Termination Date j size x~ F ~ ~: j ;. ~~t ,~ asp ~~a ~. ~ ~ # s~. r qq u; i aw Ir rd ~, ~ ~, °,~ z _ ._ _ ~ _ A n~.l.n~. Section C: Mlninu Grades sM P b ID W Berl MNntenmce Aocesa Route Herbaceous GraWand ~hydroseedl >s m Section D; Mining Gredea s«~ a ~0 A b ~~ ~~~I ,~I, .... ~, WYr lrrol • H. ee e~ e. Memtenence Aaess Rwh Rparian Wotland naNrN cobn¢atlon Not Emergent Merall '~ nNUrN cdankatlon in _._. .. __. no a los u GnY - - lao a __ eummx WM Lral • N• ea ~ I111a/YY I I Secton C: Revepation '-`~ saw .~'~ 0 re N b y~J~~ .NI~I~1 ~C 3ectlons Distance Varies ~F Vanes tg' 2g' ND 15' 2g' mn U~ z~ DMence ~- 2'to3' ,% i I Nd DiNurbed Herbaceous GreeNend Rromen WeleM (nabtrN cdanize5anl Emergem Marsh na n~ url vl ~._.._~..111. J.I .e el__I w..I..1~.J ~...JI~I... Cross Sections e ~. ' ~ 9 ., ,. - L!alND ® n.ww u. an ww.rM.w.w w~.dti~~a way ~ w.,w.l.~e ea« -- UIMlr~nl -- UMYw ti Yna.1..N Hn• RE~LAMATIQIV PLAN REQ~Ifj~~I~IJT~ x Impact of Reclamation on Future Minin g t.~ x Public Health and Safet : ~. y n~A~~~~~ x Desl nated Areas for rJ ul ment and~~~ ~ ~ ~ r . g q p ~~. r.~ ~~ ~_ { ~r ~~ ~ a~ 3 x Structures and Equipment Dismantl~d,~# - ~~ 4 ~"~~,~ :' ~~ ~ ~~~~ x Drill Holes, Wells Properly Closed { ~ ~ } ~ ~ ~ ~ , : ~ ~ ~~ ~. ~ ~a x Tailing and k ~~ ¢~ ~ .. ~ . ~ .~ u ~. ~ x y i ~`^ ~' RE ~~~ T~ x Geotechnical analysis: cut slopes stable, fill slopes not exceed 2:1 x Drainage, diversion structures, and w x Stream rotection, includin surface p g ..round water i ~y ~~ Wetlands avoided or mitigated d Erosion Control~Plan ~ d= } ~. E ~S ! ~ ~ { ~ ~ t ~ ~ $ ' .. ~ ~ ~ L 2 LAMATI N P LAN RE I R T RE x Environmental studies to id sensitive species and habits :: Elid vise x Topsoil salvage, maint x Revegetation plan tify i ~~~ ~~~a FAR ~MRE INF~RMATI~N, VISIT R WEB ITE ~~~ flk Ed Ynw Faraaes Toils deb ©~` ~ ©~ [~ (~ '~ ' r Search ~' Fmnraes ~ ~ • `~ ~ ~ '~' (~ ®(~ Address ~' Nta~linswr.mrevvatbn.te.govfanJPagesJhdex.aspx _ _.. State of California Department of Conservation `Y a i e r r, ~' s` `f 3 i p s u ~ e A ~, ~; ~" . Oulck Nlb a AB 3098 List _ ~ Raped Suapedad Illegal Mining Activdies ~ Bond Farms.__.__ __.... a Lead Agency Contact List ~ Publicalions.___.._._••••. ~ SMAR4 Update Newsletter .......................... trciMs ran i., Content I footer I Accessibility i . Search Califomie 0 This Sfte _ _ __ 2M9 -Iine Reclaua~tiou -Howe ..,~''Y The OAlce of Mhre Reclamation (OMw Created in 1991 to administer the Sudace Mining end Reclamation Act o(1975 (SMAAA). Established to meet the Act's requiremerd, OMR proddes assistance to cfties, ' ' coumias, state agencies and mine operators (or reclamation planning and promotes cost•eflectiva reclamation. OMR stmres to reclaim mined lands to a beneficial end• use through the implementation of SMARA, prevent or minimize the adrerse errdronmeMal effects of mining by proading assistance to lead agencies and miners in the renew of reclamaion plans, and minimize residual hazards to public heakh and safety through the Abandoned Mine Lands program. Reclamation UnN A skilled team of professional geologists and botanists assist mine operators to ensure that their mined land will be returned to a useable farm. Reporting and Compllence UnN Professional geologists mondor mining operations for compliance wfth the Sudace Mining and Reclamation Act. Abandoned Mlne Londe UnN A small team of professional geologists, ermronmerdal scientists and geographic irdonnation systems (OISJ specialists compile a stalevdde database of abandoned mines. Working whh local, regional, state and federal padners, the AMLU remediates public safety hazards posed by abandoned mines. In addition, the AMLU hosts the California Abandoned Mine Lands Fomm. Report Sutpeded Illegal Mlning You can now repod suspected illegal mining at the Depadment of Conservation, Office o(Mine Reclamation websde. OMA has added a new link on our main page for repoding suspected illegal mine operations. This link is located in the'Ouick Nhs' section on the left hand side ofthe main page. The Depadment ie cunardly developing an online repoding form far future use. Look farthis krm in eady 20DB. For more information, click YYhat'a happening In Reclemetiont e ~ e ~' Ofl~aal Notices ~ Pubbcations