Supplemental Items ZAB 01-14-10 Page 1 of 16 · Attached, for the benefit of the ZAB, is a timeline...

Supplemental Items ZAB 01-14-10 Page 1 of 16





September 9, 2009 Ms. Ms. Deborah Matthews Chair Zoning Adjustments Board Mr. Steven Ross Secretary [email protected] Dear Ms. Matthews and Mr. Ross: It was recently brought to my attention that the Zoning Adjustments Board (ZAB) is considering holding a public hearing on Pacific Steel Casting (PSC). On behalf of the Community Environmental Advisory Commission (CEAC), I would like to encourage the ZAB to do so. The CEAC has had members of the public concerned with PSC at each meeting for years. These residents are worried about noxious odors, toxic emissions (particularly Manganese and other heavy metals), particulate matter and violations of city codes. Several have complained of open doors during production and cooling of metals on the sidewalk. At our May meeting, the CEAC spoke to Chris Chan, Environmental Engineer, and Elizabeth Jewel, a PR consultant, from PSC and Dr. William Blaisdell from the Office of Environmental Health Hazard Assessment. Although some of our questions were answered, several remain. We have sent several recommendations to City Council, not all of which were acted upon. Although last year’s Health Risk Assessment and the Bay Area Air Quality Management’s (BAAQMD) monitoring data for the last approximately 18 months suggest no major health hazards, we are concerned that not all sources have been studied (such as exposure to Manganese in soils and ambient air conditions closer to PSC than the monitoring station – such as the live/work space the Tannery). The BAAQMD refused our request to monitor from other sites. I would be happy to speak with you about this further and to discuss CEAC’s history with this issue. You can reach me at 415.420.0227 or [email protected] or CEAC’s staff liaison, Nabil Al-Hadithy, at 510.981.7460 or [email protected]. Best regards, Greg Leventis Chair Community Environmental Advisory Commission


mailto:[email protected]

mailto:[email protected]

City of Berkeley Cc: CEAC Commissioners Nabil Al-Hadithy, Secretary


January 8, 2010 Zoning Adjustments Board City of Berkeley Dear ZAB Members, Following up on my letter from September (attached) regarding the permit of Pacific Steel Castings (PSC), I would like to provide a more detailed history of the Community Environmental Advisory Commission’s (CEAC) involvement with this issue. I am also including a copy of the Tetra Tech study done on PSC’s emissions. Please look at the conclusions in the study. Attached, for the benefit of the ZAB, is a timeline of CEAC’s history with regards to complaints about PSC. Please understand that this summary only dates back to the beginning of 2007; problems between PSC and the community have been ongoing for decades. CEAC has worked on this issue with the City Council, Pacific Steel Castings, the Bay Area Air Quality Management District (BAAQMD), Cal/EPA’s Office of Environmental Health Hazard Assessment (OEHHA) and a consultant, Tetra Tech. Of acute concern are the impacts to residents that live and/or work close to PSC: cumulative heavy metals in the soil at the Duck’s Nest Preschool on Fourth Street (approximately two blocks from PSC), emissions affecting the artist colony just across the railroad tracks from PSC and emissions reaching the Tannery live/work space across the street from PSC. CEAC has also received continual complaints about permit violations such as open doors and cooling on sidewalks, as well as odors. BAAQMD’s complaint process for odors is inefficient and probably results in an underestimation of complaints. Although the latest Health Risk Assessment (HRA) and further monitoring by BAAQMD show PSC’s emissions under Reference Exposure Levels (RELs) set by Cal/EPA’s Office of Health Hazard Assessment (OEHHA), we are concerned that not all sources have been studied. Manganese is of particular concern. During the Health Risk Assessment (HRA) process, the Cal/EPA’s Office of Health Hazard Assessment (OEHHA) increased their threshold Reference Exposure Level (REL) for Manganese. Under the previous regime, PSC’s emissions would have exceeded a Hazard Index (HI) of 1. A HI above 1 would have required BAAQMD to communicate a risk to people within a block of PSC. OEHHA’s toxicity values are higher than many national and international standards. An OEHHA representative told CEAC that their values are based on best available data. The CEAC has asked BAAQMD for monitoring to be done from more sites, closer to PSC (within 300 feet), because there is a lack of data on emissions impacts at 300 feet from the site (where many of the areas of concern are). However, we were flatly rejected. CEAC has little leverage with PSC and with BAAQMD and only serves in an advisory capacity to City Council. Therefore, ZAB’s authority over PSC’s permit puts it in a unique position to influence the care PSC takes with its emissions. You can reach me at 415.420.0227 or [email protected] or CEAC’s staff liaison, Nabil Al-Hadithy, at 510.981.7460 or [email protected]. Best regards, Greg Leventis Chair Community Environmental Advisory Commission


CEAC RECENT HISTORY WITH PACIFIC STEEL CASTING: February 2007 – CEAC sends the following recommendations to City Council:

Approve funds to conduct a sampling program for lead and other heavy metals deposited on surfaces in the vicinity of Pacific Steel Casting (PSC) and in areas of north and west Berkeley; Sampling was not done and staff disagreed with the need to do it, citing a flawed study done by community members which showed high soil levels of lead but was measuring lead from paint and not from PSC.

Convene a public hearing by Council in March 2007 for the purpose of hearing from community members, public health experts, and others, on the impacts of PSC emissions and other practices on quality of life, health, enjoyment of property, and potential long-term health risks for children and other sensitive members of the community; Council did not do this, although CEAC has held two hearings noted below.

Direct staff to identify City codes that may be used to motivate and compel an immediate and significant reduction in polluting practices and reduced emissions of toxic air contaminants and other polluting substances from Pacific Steel Casting (PSC); Wendy Cosin of the Planning Department did an analysis that is included in the staff report to ZAB.

Under city authority, require that PSC use best management practices to achieve significant reduction in toxic substances and criteria air pollutants in its emissions; Councilmember Maio invited Dr. Michael Wilson, UC Berkeley Center for Occupational and Environmental Health and former CEAC commissioner, to work with PSC to employ Toxic Use Reduction but PSC did not allow Dr. Wilson to complete the effort.

February 2008 – Tetra Tech, consultant hired by the City using money provided by PSC, issues its report. Report accompanies this letter. May 2008 – CEAC holds a hearing with Mayor Bates, Councilmember Linda Maio and BAAQMD officials. Mayor Bates speaks about the report on the recently completed air monitoring done by BAAQMD, which show PSC emissions below state REL’s. He and Councilmember Maio talk about steps the City will take with regards to PSC. BAAQMD representatives answer public’s questions regarding the air monitoring. May 2008 – CEAC recommends to Council that the City of Berkeley enter as an Intervener in the lawsuit to have PSC’s full Odor Control Plan released to the public. The City Attorney accepts the recommendation and the City joins the lawsuit. July 2008 – CEAC holds a hearing with PSC Environmental Engineer Chris Chan, PSC Public Relations consultant Elisabeth Jewel and Office of Environmental Health Hazard Assessment Dr. William Blaisdell. PSC representatives defend their record saying they are open to the public’s requests and do not emit above state RELs. Dr. Blaisdell is insistent that the process used to decide the Manganese REL is valid using best available data.


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Jacob, Melinda

Subject: FW: Pacific Steel Casting nuisance violationsAttachments: PSC_ZAB_nuisance.pdf

-----Original Message----- From: Andrew Galpern [mailto:[email protected]]

Sent: Wednesday, January 13, 2010 2:40 PM To: [email protected]; Buckley, Steven

Subject: re: Pacific Steel Casting nuisance violations

Hi Steven, Thanks for your help.

Could you please submit this to the board for tomorrows meeting. There are some large files that are too big to email, and I hope you can advise them on

downloading and printing, etc.

Some of the documents provided by the city are several hundred pages long, and I don't know how you handle such documents.

I will bring copies of my original documents and images.

Thanks!

Andrew

The message is pasted below and attached as a word file.

January 13, 2010

Dear ZAB Board Members,

I am writing to you today about the decades long problems with Pacific Steel Castings

operations in Berkeley and how it negatively affects thousands of people every day they operate for the last 75 years.

This is a long letter, but it contains valuable information, details you may have not seen

before and references many original documents and images that are available only online because of their size. I hope you will take the time to go through it carefully, and I would

be glad to provide the references and copy of any of the documents or files. I recommend you download these files in advance so you have them available on computer.

The records provided by the city are too large to email, but are located here:

http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=13642

additional documents here:

http://www.westberkeleyalliance.org/index/researchlibrary/archives/alliance.htm


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scans of original documents and images here:

http://www.fileswap.com/share/c773b6babf537da3d5f6bbafab4a4826/PSCNuisanceEvidence.doc.html

I am a graduate student at Berkeley, a former teacher in the Berkeley public schools, a former resident of west Berkeley (7 blocks from PSC), and I currently rent a storage and

workspace at that same address where I used to live. As a person with a disability and a student, I have far less housing options than most people. Today, I live about a mile

downwind of Pacific Steel. Some people in the neighborhood have even less options. They don't want to have to move.

I am concerned about the toxic emissions and nuisance odors caused by Pacific Steel in every neighborhood that is downwind of PSC including those in Berkeley, Albany, and El Cerrito. And

I am terribly afraid of the harm their emissions have already caused and continue to cause, especially those with other health problems or disabilities, and especially those at

increased risk like the very old and the very young.

There is no doubt that Pacific Steel emissions cause harm. Anyone who denies that has ignored the evidence and PSCs record. In fact, much of the evidence of harm comes directly from from

PSC itself and the communities first hand experience with the problems caused by Pacific Steel. The only question is HOW MUCH harm have they caused and at what point will someone say

stop, you can't do that anymore. What follows (and I have made copies for you) are several pages of documents, excerpts, and

images from the public record. All available online to anyone. The page numbers refer to the PSCNuisanceEvidence.doc document.

Below is a list of the toxic emissions reported by PSC. Its important to note that the

production volume at PSC has increased dramatically since that time and has only recently decreased do to the economy. (page 1) This means that the toxic emissions are UNDER-reported

for the several years, especially when PSC was allowed to expand their operations, increase production volume and their emissions, and as well as the additional emissions from their

incinerator. PSCs record of emissions, the amount of particulate matter they generate, the list of toxics

they've reported, the THOUSANDS of air quality complaints including over 600 CONFIRMED directly attributed to Pacific Steel (page 2), the notices of violation the company has

received becaue of their lack of compliance, (page 2) the community testing approved by BAAQMD, and even the companies own biased stack testing results all point to the same

conclusion: PSC causes harm. The only question is how much harm? And who will make them stop?

I am worried for myself, having lived there for 5 years and smelled their emissions on hundreds of days. Will those cummulative effects cause cancer somewhere downt the line maybe

5 or 10 years from now. I am worried for my neighbors and friends who have lived their for many years and still breathe the emissions from PSC. I am worried for the kids who play in the yard at the day center at 9th and Camelia, across the street from the garage I rent, the

older people in the neighborhood who just want a quiet clean place to live, the folks who go to church around the corner, and other workers and visitors to the neighborhood. All of them

are exposed to these toxic emissions, many of them don't even know it. There is no doubt, PSC causes harm. The only question is how much harm?

Pacific Steel has operated since the 1930s, as many of you know, and for most of that time,

they have had little to no abatement of their emissions. They like to claim they are a family business, which is very nice sounding, but all that means is that the profits the company makes, all go to one family...profits that are built on the back of workers and the

neighborhood. Every dollar PSC doesn't spend on cleaning up, is another dollar for that family, a family that doesn't even live in the community.


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Has PSC been a good neighbor? The only reasonable answer is no.

1. Every attempt to clean up their toxic emissions has been brought about by commmunity

complaints, lawsuits, or regulatory pressures. I am not aware of a single effort that was initiated by the company to lower emissions. Not one.

2. They claim to have lowered emissions, and their recent equipment is very effective, but

there is a very dangerous side to this claim. If PSC is to be believed, it suggests and confirms their PAST emissions were far worse than current emissions, so the cancer burden and

other health damage they have already caused is vastly under estimated and is significantly worse than the current danger. Considering cumulative effects, additional sources of pollution, and the most vulnerable populations (children, older folks, and anyone with

compromised health), the damage they have already caused is significant. How many cases of cancer were caused by Pacific Steel? How many cases of childhood asthma were caused by

Pacific Steel?

3. The company's relationship to the community is built on half truths and slick communication through their PR firm AJE Associates, and that is why the community doesn't

trust the company and why you shouldn't either.

Some example of half-truths (along with the real story) We're a family owned business (that sounds sweet and folksy but the family has made millions,

according to court accounting documents, a family that doesn't even live in the our community, in fact they have homes in some of the nicest and cleanest cities like Windsor,

Alameda, Piedmont, Lafayette and Corte Madera that are unaffected by pollution from Pacific Steel. Sadly, Mr Delsol who was CEO and a resident of Windsor Caliofornia passed away in

2008, and the family asked that donations be sent to the American Cancer Society, the hypocrisy and irony in that should be evident to everyone here). (page 3)

PSC likes to claim that most of our workers live within 15 miles of the facility (that would

include cities like San Francisco, Orinda, Kensington, Moraga, Richmond and Oakland to name a few. All cities unaffected by Pacific Steels toxic emissions.....How many workers live in the neighborhood? Answer:very few.) (page 4)

But what about the money? We pay nearly a million dollars in fees, assessments and taxes to

the city and county (but what is the cost of childhood asthma, emergency room visits, cancer, and disease in the neighborhood residents that appears 5 and 10 years from now?) (page 4)

Air complaints are down (which is a "I only kick my dog half the time now" kind of argument,

even after reporting in their own newsletter the severity of the problem with over 2000 air quality complaints and over 600 CONFIRMED complaints that were traced to PSC, and more than

20 notices of violation) (page 2) If PSC were a bar or a liquor store, they would have been closed a long time ago for being such a nuisance. If PSC were an individual, they would be in prison for so many repeated offenses.

But we employ a couple hundred workers with union jobs (since when is a job more important

and valuable than the health of thousands of residents, workers, students who live and work in the community?)

We release CLEANED air back into the environment! (their "cleaned" air is the source of all

the complaints, health problems, and nuisance odor)(page 5) PSCs PR firm, AJE Partners, headed by Dion Aroner, with obvious personal and political

connection to Tom Bates and the city council doesn't even include PSC as a client on their website, because its embarrasing and shameful.(page 6) Is it a crime for PSC and AJE to not


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tell the public the whole truth? Unfortunately, no. PSC and AJE Partners are allowed to get away with it. If they acted this way in court, they would be found guilty of perjury and

contempt.

Could the ugly history and dirty reputation of Pacific Steel sink even lower? Has PSC been a nuisance? The only reasonable answer is "yes" and for over 30 years.

According to Berkeley's own municiple code, noxious smells or fumes are considered a nuisance

(page 7) PSC has continued as a major source of air quality complaints. (page 2) PSC continues to

receive Notices of Violation. (page 2)

PSCs permit conditions prohibited odor nuisance. Problems and comments about odor nuisances have appeared throughout their record in countless documents, permit applications, staff

summaries and documented complaints about odor. (examples on pages 8-26)

If the continual odor nuisance wasn't more than enough, PSC continues to misuse and abuse the public right away by leaving equipment and materials on the sidewalk, blocking access,

creating a hazard, and violating the American's with Disabilities Act, all with the city's historic approval.

They have made 2nd Street their own, and have made it clear they don't want to share the streets or sidewalks with anyone.

In fact, in the photos below, available to anyone via Google maps, you can see cars are

parked illegally all around Pacific Steel, including right in front of their offices, that interfere with access to the sidewalk, curb cuts, and fire hydrants...all next to a foundry

that deals with molten steel. (page 10) This has been going on from 2000 when I first moved to the neighborhood, and continues today.

Pacific Steel Casting is a historic and current nuisance. They pollute and disturb a neighborhood with odors and toxic emissions. They don't comply with their use permits (that

have provisions about odor nuisances as far back as 1974) and they continue to refuse to provide even the most basic information regarding their operation schedule, current

production volume, internal emissions testing, and data regarding their incinerator, especially temperature and and so-called "excursions"so that residents can attempt to protect

their families from harm.

They have demonsrated that they are a bad neighbor and that their focus is to make money, limit costs, and to become as large and as profitable as possible for the family that owns

them. In fact you can trace a 40 year history from the 70s right until today...a history of

misinformation and carefully crafted language that attempts to portray the company as clean and green, from their claims of "Complete fume and dust collection is provided" in 1974, to

the materials they publish today in their folksy neighborhood newsletter, that talks about the "cleaned" air being returned to the environment.

What the community is asking for is help. Plain and simple. Please recommend to the Berkeley city council that Pacific Steel Casting's use permits be reconsidered, that a full public

hearing process, and that strict and specific additional conditions be attached to the permits that prohibit Pacific Steels Casting from causing any nuisance to the community. Please recommend the severest monetary and operational penalties allowed by law, and an

effective means for accountability.


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Our community cannot afford another case of cancer, another premature death, another case of childhood asthma. We need your help. Please do all that you can.

Thank you,

Andrew Galpern


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Jacob, Melinda

Subject: FW: regarding PSC permits

From: meryl siegal [mailto:[email protected]]

Sent: Wednesday, January 13, 2010 4:59 PM

To: Jacob, Melinda Subject: regarding PSC permits

Dear ZAB, I bought a house on Cedar Street in 2003 and began an urban garden. Little did I know of the bad pollution problem from Pacific Steel Casting. It is now, 2009, and the odors are STILL coming from the plant. And, if you read reports by local community activists, it is more than odors. We are being poisoned. I urge you to do everything in your power to reduce the amount of pollution that Berkeley citizens have to deal with. Best regards, Meryl Siegal 1144 Cedar Street


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Jacob, Melinda

Subject: FW: Concerns regarding Pacific Steel

-----Original Message-----

From: Tim Silk [mailto:[email protected]] Sent: Thursday, January 14, 2010 4:29 PM

To: Jacob, Melinda Subject: Concerns regarding Pacific Steel

To Whom It May Concern:

My family and I are residents of Northwest Berkeley. We live about 2 miles due east (the direction of the prevailing winds) of Pacific Steel. Our 8 year old son attends Rosa Parks,

which is about a mile from the plant. We are very concerned about possible health effects from the factory's emissions.

A story from our family which I'd like to share with the board: my wife suffers from regular

migraine headaches. In researching possible causes, she had body tested for heavy metals, and found she was high in manganese. Our understanding is that Pacific Steel emissions are the likely source of this toxin in her body.

We would like to see Pacific Steel emissions dealt with. Suggestions include: greater

limits placed (and enforced) on the types and amounts of toxins Pacific Steel is allowed to emit, and moving the plant to a location that is farther from residential areas.

Thank you,

Tim Silk --

THE POWER OF COMMUNITY Timothy W. Silk Realtor

Marvin Gardens Real Estate 510.882.5748 cell

www.marvingardens.com


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Supplemental Items ZAB 01-14-10 Page 1 of 16 · Attached, for the benefit of the ZAB, is a timeline...

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