Documents

Lehigh Information
Lehigh Quarry and Cement Plant Memo from City Attorney - Very good summary of events regarding Lehigh Cement & Quarry - January 1, 2011
Letter from City Council to BAAQMD urging consideration to adopt EPA's proposed toxic emission limits and requiring Lehigh Cement Plant to install a single emissions stack. 5/4/2010

Santa Clara County

Lehigh Hanson Permanente Quarry Compliance Schedule
Lehigh's Vested Rights Documents
County Reply to question posed by members of No Toxic Air at Boar Meeting on Sep. 28, 2010
County Reply to question posed by members of No Toxic Air at Boar Meeting on Nov. 23, 2010
Environmental Impact Report (.pdf) - for Hanson Quarry Reclamation Plan Amendment
Facilities Detail Reports of Hanson/Lehigh Cement with links to other reports
Hanson Quarry Reclamation Plan -- File Number: 2250-13-66-07P-07EIR [.pdf) - EPA Nov. 20,2007
Lehigh FAQ (application) (.pdf) - SCC Q&A of Lehigh's application for new quarry pit and reclamation
Letter to Mayor Kris Wang - 9/14/2010
Noise Monitoring Report of Lehigh Cement (40 pages) - 3/19/2010
Notices of Violations:-
- Notice of Violation from Santa Clara County - 10/10/2006
- Notice of Violation from Santa Clara County - 6/20/2008
- A greement with Lehigh allowing Lehigh to continue dumping mining waste in the EMSA - 4/14/2009
Ordinance #345 Use Permit for Permanente Cement 1948
Santa Clara County Lehigh Southwest Reclamation Plan Amendment for Permanente Quarry State Mine ID # 91-43-0004, May 28, 2010 documents. (Full document set)
Surface Mining and Reclamation Act (SMARA) Program Update (see bottom page 3 for Lehigh Permanente) - Status of NOVs - 8/12/2010
Surface Mine and Reclamation Act (SMARA) Program Update (see page 3 for Lehgh Permanente) - Status of of NOVs - 8/20/2010
Response to question from community at Open Comment portion of BOS meeting - 11/23/2010
Violation History of Lehigh Cement with EPA

State Mining and Geological Board (SMGB)

SMARA Statute and Regulations - First established in 1975
SMARA Statutes
State Mining Board Review of the 45-day Notice to Correct Deficiencies Sent to Santa Clara County, Issued April 19, 2006 - Highlights of this very critical report about the County's lack of competency to adequately enforce SMARA - April 19, 2006
State Mining Board's Review of 45 day Notice to Santa Clara County to correct Deficiencies in the County's enforcement of SMARA - 7/13/2006
State Mining Board's Report about Issuance of 45 day Notice to Santa Clara County to correct Deficiencies - 9/13/2007
State Mining and Geological Board (SMGB) considers acceptance as lead agency for Vested Rights - 9/13/2007
State Mining Board as lead agency for Vested Rights - 2007
State Surface Mining and Reclamation Act and Associated Regulations (87 pages) - January 2007

US Department of Labor - Mine Safety and Health Administration (MSHA)

MSHA announces results of November impact inspections - 12/21/2010

US Environmental Protection Agency (EPA)

Compliance data including Violations for Lehigh Cement
Demographics of Population surrounding Lehigh Cement next to Cupertino
ECHO - Enforcement & Compliance History Online (EPA)
Enforcement and Compliance History for Lehigh Cement
Facilities Report for Hanson (Lehigh) Cement
Fact Sheet for new Standards: Summary of New Source Performance Standards and National Emissions Standards for Hazardous Air Pollutants - EPA 8/9/2010 [6 page document]
Fact Sheet: Proposed Amendments to National Air Toxics Emission Standards - EPA - 6/12/2009 [5 page document]
Federal Register Notices for Hazardous Air Pollutants (Title I, Section 112) - Proposed and Final Preambles and Rules - EPA
Lehigh Southwest Cement Company Notice and Finding of Violation (NOV) (2.4Mbyte .pdf) - March 10, 2010
- Marked up version highlighting important sections
Lehigh Letter to BAAQMD proposing what they will do to address EPA Proposed rules - December 2, 2009
National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry and Standards of Performance for Portland Cement Plants - EPA 8/6/2010, Final version released 9/9/2010 [97 pages long]
New Pollution Standard document - Actual detailed 461 page report, August 06, 2010
News Releases - Compliance and Enforcement - EPA
Plant Emissions Information for Lehigh
Proposed Amendments to National Air Toxics Emission Standards: Comment Period Extension and Public Hearings - EPA 8/9/2010
Proposed Pollution Standards - May 6, 2009
Regulatory Impact Analysis: Amendments to the National Emission Standards for Hazardous Air Pollutants and New Source Performance Standards (NSPS) for the Portland Cement Manufacturing Industry - Final Report (2.3 Mbytes) - August 2010
Release Facility Report for Mercury emissions in 2008 - Toxic Release Inventory Ranks mercury emitted from the top 100 cement plants in the nation.
Responds to Cupertino City Council Question at Special Study Session - June 3, 2010

Lehigh Documents

Lehigh Cement Information Updates for December 2010
Lehigh Cement Health Risk Assessment by AMEC sent to BAAQMD Final 3/30/2011 (194 pages)
Lehigh Cement Health Risk Assessment by AMEC sent to BAAQMD Draft 9/10/2010 (136 pages)
- Draft revision showing dramatically higher mercury outputs by Lehigh, Table 4, near end of document 12/6/2010
Lehigh Cement Plant Reclamation Plan Resulting from NOV
- Lehigh Cement Quarry Reclamation Plan Amendment for the East Materials Storage Area, 4/14/2010
- Lehigh Cement Quarry Reclamation Plan Compliance Schedule Modification to above
- Lehigh Cement Company Notice of Violation from California Regional Water Quality Control Board, 3/26/2010
- Lehigh Cement Company Notice and Finding of Violation from EPA, 3/10/2010
- Inspection Report of Lehigh Southwest Cement Co. by EPA consultant, 2/10/2010 (with photos at end of document)
- Lehigh Cement Company Notice of Violation from Santa Clara County 10/10/2006
- Lehigh Cement Company Notice of Violation from Santa Clara County 1/20/2008

Notices of Violations to Lehigh from various Government Agencies

BAAQMD Notice Of Violation History for Lehigh Cement
California Regional Water Quality Control Board - San Francisco Bay Region:- Notice of Violation Letter - March 26, 2010
- Notice to Lehigh Cement Company requesting Requirement for Technical Report to Document Non-Storm Water Discharge(s) Nov. 29, 2010
County of Santa Clara - Department of Planning and Development:-
- Notice of Violation from Santa Clara County - 10/10/2006
- Notice of Violation from Santa Clara County - 6/20/2008
EPA:- Lehigh Southwest Cement Company Notice and Finding of Violation (2.4Mbyte .pdf) - March 10, 2010
Highlighted portions of key sections of various NOV's
Mine Safety and Health Administration announces results of November impact inspections - 12/21/2010

Vested Rights (Lehigh) Documents:

County Notice of Public Hearing regarding Vested Rights to be held on February 8, 2011
Documents Related to Vested Rights and East Material Storage used by County to evaluate these issues - 2010-2011
Letter from Lehigh's Lawyers to County regarding Vested Rights Hearing on February 8, 2011 - 1/4/2011
Staff Report: "Permanente Quarry Legal-Nonconforming Use Analysis" for February 8, 2011 Hearing - 1/18/2011
Letters sent in to the County regarding the February 8, 2011 Hearing on Vested Rights:
- Documents Submitted by No Toxic Air
  - Letter submitted by No Toxic Air, Inc. and ReedSmith Law Firm: Comments Concerning Lehigh Southwest Cement Company's Request for Vested Right Determination - 2/7/2010
    - No Toxic Air memorandum: Factual Analysis Supporting Decision to Limit or Revoke Vested Rights Potentially Held by Lehigh Southwest Cement Co. in Connection with Permanente Facility in Cupertino, California - 2/4/2011
    - Exhibits to the above document (7 Mbytes)
  - Letter submitted by No Toxic Air, Inc. and Shute, Mihaly & Weinbeger Law Firm: February 8, 2011 Hearing to Consider Permanente/Lehigh Southwest Cement Company's Vested Rights Claim - 2/4/2011
    - Exhibits to the above document (25 Mbytes)
- Letter submitted by West Valley Citizens Air Watch (WVCAW) to SC County BOS regarding Vested Rights Hearing plus supporting documents - Large 48 page file - 1/18/2011
- Letter submitted by the Santa Clara County Medical Association - 2/1/2011
- Permanente Quarry/Lehigh Southwest Cement Company Legal Non-Conforming Use Determination: No Vested Rights
  This document augments the comprehensive report by the Santa Clara County Planning Department and demonstrates that the Permanente Quarry does not have a vested right to the Morris, Crocker, or “EMSA” parcels using the claimant’s information and other factual data. - Rhoda Fry
- Correspondence (Miscellaneous) Letter from City of Cupertino, with letters from Shirley Leisses, The Forum, Carole Ryan/Robert Cullenbine
- Additional Correspondence (Miscellaneous) Letter from Cupertino resident Cathy Helgerson
- Supp. Info 1 - Additional Correspondence dated 2/2/11 (Miscellaneous) Letter from QuarryNo
- Letter submitted by Lehigh to County in response to QuarryNo's letter to the County regarding EMSA vested rights - 2/4/2011
- Supp. Info 2 - Correspondence and Exhibits from Diepenbrock-Harrison, 11-5-2010 (Miscellaneous)
- Supp. Info 3 - Correspondence and Exhibits from Diepenbrock-Harrison, 01-04-2011 (Miscellaneous)
- Supp. Info 4 - Letter and Exhibits from Diepenbrock-Harrison Dated 2/2/11 (Miscellaneous)
- Supp. Info 5 - Memo and Exhibits from Lehigh Dated 2/2/11 (Miscellaneous)
- Extensive Santa Clara County Vested Rights Documents

Videos/Media

Los Altos City Council Meeting Jan. 25, 2011 Discussion about Lehigh's NOVs & Pollution- video (Advance to minute 37 for discussion about Lehigh.)
Cement - A Dirty Business (Audio Recording) on QUEST on KQED Public Media original Air Date: Friday, Apr 4, 2008
Slide Show photos to Accompany this Audio
Cupertino City Council Member Barry Chang questioning representatives of regional agencies at Cupertino Special Study Session - July 20, 2010
Cement plant braces for impact of new EPA rules - ABC Assignment 7 Friday, February 26, 2010
EPA threatens action against Cupertino cement plant - ABC Assignment 7 Tuesday, April 13, 2010
Flyover of Cupertino Cement Kiln - Flyover view of Lehigh Cement next to Cupertino by Earth Justice April 20, 2009 on YouTube
How Mercury Causes Brain Neuron Degeneration - YouTube by U of Calgary (or get directly higher resolution downloads from the University of Calgary web site) Scientific explanation of how small amounts of mercury can cause brain cells to degenerate
Mercury in the Bay - Part 1 QUEST on KQED Public Media original Air Date: Friday, Apr 18, 2008
Mercury in the Bay - Part 2 QUEST on KQED Public Media original Air Date: Tuesday, Oct 6, 2009
Mercury Poisoning. short videos on this topic - YouTube
Mercury Poisoning: Interview with Dr. Jane Hightower (Audio Recording) on QUEST on KQED Public Media original Air Date: Thursday, Apr 24, 2008
Mercury Pollution short videos on this topic - YouTube
Pollution Disaster At Heidelberg Cement Plant In Georgia Filmed near Rustavi in Georgia, on Friday Sept. 26. This chimne belongs to plant operated by Heidelberg Cement, one of the biggest cement producers in the world and owner of Lehigh Cement. - YouTube
Residents speak up against cement plant expansion plans - ABC 7 News of citizens expressing their frustration about toxic pollution from Lehigh Cement to Cupertino City Council on Tuesday, December 21, 2010
Channel notoxicair

Others

The South Bay Quarry Library - The site is provided as a public service as a central repository of documents that are relevant to the Lehigh Hanson Permanente Quarry.
Resolution whereby Lehigh agrees to comply with all terms by Maryland Department of the Environment to reduce mercury emissions [.pdf] - 8/11/2009
TioCem® – High Tech Cement for the reduction of air pollutants - Brochure produced by Heidelberg Cement (Parent company of Lehigh- why done they employ new technology in US?)
Emissions Limit Values: Cement Industry in EU and USA - References to other articles about emissions in Europe and US.
Formation and Release of POPs in the Cement Industry - Detailed technical discussion of European emissions and standards
World Bank Group: Environmental Health and Safety Guidelines for Cement and Lime Manufacturing - a technical reference with general and industry specific example of Good International Industry Practices (GIIP).