21a. BAAQMD letter to EPACity Hall
10300 Torre Avenue
Cupertino, CA 95014 -3255
(408) 777 -3212
FAX: (408) 777 -3366
CUPERTINO
PUBLIC AND ENVIRONMENTAL AFFAIRS
SUMMARY
Agenda Item No. a - Meeting Date: May 4, 2010
SUBJECT
Authorize sending of attached letter to BAAQMI) regarding implementation of the EPA's
Proposed Rule.
BACKGROUND
For many years, the City of Cupertino has advocated for the implementation and enforcement of
the highest possible legal standards for environmental protection.
The attached letter from the Legislative Committee asks the Board of Directors of the Bay Area
Air Quality Management District to require the Lehigh Cement Company to comply with the
EPA's rule as proposed. The BAAQMD has the authority to require the emission limits as
proposed, even if the proposed limits turn out to be stricter than the final rule.
National Emission Standards for Hazardous Air Pollutants From the Portland Cement
Manufacturing Industry [EPA -HQ- OAR -?002 -0051; FRL- 8898 -1], RIN 2060 -A015
Federal Register/Vol. 74, No. 861Wednesday, May 6, 2009/Proposed Rules, (p. 21140,
third column, mercury cap /million tons clinker)
LEGISLATIVE COMNIITTEE RECOMMENDATION
Based on phone communications received from Vice Mayor Wong and Councilmember
Mahoney in support, it is the recommendation of the Legislative Committee that the council
endorse the attached letter.
Submitted by:
Rick Kitson,
Public & Environmental Affairs Director
Approved for submission to the
City Council:
4
David W. Knapp,
City Manager
Attachment A: Draft Letter to BAAQMD Board Members
21a -1
Date
Brad Wagenknecht, Chairperson, Board of Directors, Bay Area Air Qu
bra d .wagenknecht @countyofnapa.or
Gayle B. Uilkema, Chairperson, Stationary Source Committee
gayle @bos.cccounty.us
Directors, Bay Area Air Quality Management District
939 Ellis Street
San Francisco, CA 94109
Re: Facility #A0017, Lehigh Southwest Cement Company
Directors Wagenknecht and Uilkema:
We would like to thank you for your active participation in the City Council Study Session on
the Lehigh Heidelberg facility here in Cupertino.
We wanted to share our view, and indeed our support, for a several matters that have been
raised either by you or others during the study session.
First, we would like to express our support for the proposed air monitoring system at
Monte Vista Recreation Center. We believe this would be a productive step towards
both gauging the air quality in our community and addressing the concerns of the
citizens.
Secondly, we would also like to express our support for the implementation of the currently
proposed rules promulgated by the U.S. Environmental Protection Agency (US EPA) upcoming
National Emissions Standards for Hazardous Air Pollutants (NESHAP). We hope that the
BAAQMD would require those rules even if the final EPA rules lead to a lower standard. We
would recommend that the BAAQMD appear at the City Council for a follow -up study session
when the new NESHAP rules are implemented to explain what the standards are and how
Lehigh Permanente is complying within the new rulemaking framework.
Finally, we were pleased to hear that the BAAQMD and Lehigh -- as well as our residents -- all
favor the possibility of a single stack at the Lehigh facility here in Cupertino. We would like to
suggest that both the BAAQMD and Lehigh look further into this possibility and the City
Council urges the BAAQMD to facilitate the timely processing of all permitting required for
the construction of a single stack.
Sincerely,
21a -2