What is the problem?
The Lehigh Southwest Cement Permanente Plant, west of Cupertino and south of Los Altos, is one of the dirtiest cement plants in the nation. According to EPA, it is the 4th highest mercury polluting cement plant in the US 1 and the facility accounted for 29% of the 2007 total estimated mercury emissions in the San Francisco Bay Area air basin. 2
Next to the cement plant is an open pit mine (quarry) that supplies the limestone used in cement production at the plant. The limestone in this quarry, which is owned and operated by the same company as the plant, is particularly high in mercury.
Why should we care?
According to EPA Director Lisa Jackson, "mercury and other emissions [from plants like Lehigh's] damage the nervous systems of fetuses and children, aggravate asthma and cause lifelong health damage for hundreds of thousands of Americans." 3
Mercury: Cement plants are major sources of mercury pollution, released into the air during cement production, from the burning of limestone. "Mercury is a dangerous neurotoxin that interferes with the brain and nervous systems, resulting in birth defects, loss of IQ and developmental problems."4 Studies from the University of Texas Health Science Center found that for every 1,000 pounds of environmentally released mercury, there is a 61% increase in the rate of autism and significant correlation with the distance within at least 20 miles from the source. 5 A Lucille Packard Foundation report shows that Santa Clara County has the highest autism rate among school-age children in the Bay Area.6
Carcinogens: The cement process also emits several cancer-causing chemicals.7 According to the Lehigh's Health Risk Assessment 8, carcinogens emitted by the plant include benzene, hexavalent chromium, arsenic, and others. Studies show cement dust exposure increases the risk of laryngeal cancer9, gastric cancer 10 and the incidence of chromosomal damage. 11
The Lehigh Health Risk Assessment defines an 8-mile area around the plant as the zone of impact for increased cancer risk, but probably significantly understates the true zone of impact, as it models the risk using 68% of the actual 2005 production rate. This zone includes large, densely populated residential neighborhoods. 8
Other pollutants: "Particulate matter causes decreased lung function, aggravated asthma, irritation of the airways, coughing or difficulty in breathing. Hydrogen chloride also causes respiratory problems such as coughing, irritated nose and throat, and heart problems." 4
Cement plants are also a major source of smog-creating particulate matter and greenhouse gases. The EPA's August, 2010, Regulatory Impact Analysis documents substantial health costs - including premature deaths, ER visits, lost work days and other health problems - caused by pollution from cement plants like the Lehigh facility. 12
In 2010, the EPA issued a set of new rules that would, for the first time, limit the amount of pollutants emitted by cement plants. In the first year of full implementation (2013), the net benefits of these rules are approximately $6.5 billion to $17 billion. 12 Unfortunately, the cement industry association, of which Lehigh is an important member, has filed a lawsuit to block implementation of these new rules. 13
Why is the Lehigh plant a special problem?
High mercury content in Lehigh limestone: The limestone mined at the Lehigh quarry contains unusually high levels of mercury, which is released into the air by the cement plant. 14 A scientific study conducted by the San Francisco Estuary Institute shows mercury deposition is particularly high in areas near the plant. 15
Proximity to large population: Lehigh is the only cement plant, of the top polluting plants in the U.S., that is located directly adjacent to a major population center. It is within a 5-mile radius of Los Altos Hills, Los Altos, Cupertino, Mountain View, Sunnyvale and Saratoga. 16 Pollution from the plant is carried by the prevailing winds throughout Silicon Valley and enters the water in the San Francisco Bay and reservoirs through the creeks. Once mercury enters the environment, it is there permanently.
Difficult to monitor emissions: To make matters worse, Lehigh is the only cement plant in operation in the U.S. that does not have a central stack for emissions control and monitoring. It uses 32 low smokestacks that make it difficult if not impossible to accurately monitor its emissions. 17
Can't we count on regulators to protect us?
NO! The sad truth is that Lehigh has been operating in violation of state mining laws for more than a decade and has numerous labor safety, air and water violations going back as far as 1996.
Air and water violations: The EPA says Lehigh has been operating without a valid Title V Permit (Federal Clean Air permit) since 1996. According to the California Regional Water Quality Control Board, "The Lehigh Southwest Cement quarry ...is possibly discharging millions of gallons of un-permitted water containing sediment and toxins into Permanente Creek and San Francisco Bay." 18 Los Altos Mayor Ron Packard has said that regulatory agencies described Lehigh as "not an ideal corporate citizen. They will cut corners when they can." 19
Land use violations: The County of Santa Clara is the "lead agency" responsible for regulating Lehigh's land use and its mining activities, but has failed to enforce either its own laws or state mining laws in the face of long-term serious violations. 20 The State Mining and Geology Board says that Lehigh has been operating in violation of its Reclamation Plan (a state requirement) since 2002. "Compliance projection is 10 years after violations were brought to County's attention. Does not qualify to be included on AB3098 List..." 21 Quarries on the list are in good standing with the state. Quarries not on the list cannot sell cement or aggregate to government funded projects. 22 Lehigh should have been taken off the list in 2002, but to this day remains on it, taking contracts away from quarries in compliance. 23
Now Lehigh wants to open a NEW 200-acre open pit mine in our community that will supply limestone to the cement plant for the next 100 years. The County appears to support the plan, despite Lehigh's abysmal compliance record.
Zone of Impact for Increased Cancer Risk
(from 2010 Health Risk Assessment)
1 EPA Toxic Release Inventory ( http://iaspub.epa.gov/triexplorer/release_fac?p_view=USFA&trilib=TRIQ1&sort=RE_TOLBY&sort_fmt=2 &state=All+states&county=All+counties&chemical=007439976&chemical=N458&industry=32731 &year=2010&tab_rpt=1&fld=RELLBY)
2 S. Rothenberg, et al., Wet deposition of mercury within the vicinity of a cement plant before and during cement plant maintenance, Atmospheric Environment, Vol. 44, Issue 10, March 2010, pp. 1255-62.
3 J Broder, E.P.A. Proposes New Emission Standards for Power Plants, New York Times, March 16, 2011, www.nytimes.com/2011/03/17/science/earth/17epa.html
4 EPA Adopts Strong Protections Against Air Pollution from Cement Kilns, Earthjustice, Press Release, August 9, 2010, http://earthjustice.org/news/press/2010/epa-adopts-strong-protections-against-air-pollution-from-cement-kilns
5 Palmer, et al., Environmental mercury release, special education rates, and autism disorder: an ecological study of Texas. Health & Place,
Study: http://www.notoxicair.org/doc/Palmer_UT_et al_Proximity to Point Sources_proofs.pdf,
Palmer et al. , Proximity to point sources of environmental mercury release as a predictor of autism prevalence.
6 Autism Diagnoses on the Rise, Lucile Packard Foundation for Children's Health, May 2008.
7 USEPA's Portland Cement Emission Standards, 75 Fed. Reg. 54970.
Health Risk Assessment for Lehigh Southwest Cement Company, BAAQMD,
November 2008 (www.sccgov.org/SCC/docs/Planning,%20Office%20of%20%28DEP%29/attachments/Environmental%20Documents/2250%20
9 A. Dietz, et al., "Exposure to cement dust, related occupational groups and laryngeal cancer risk: results of a population based case-control study," Int'l Journal of Cancer, Vol. 108, March 2004, pp. 907-11.
10 K. Sjödahl, et al., "Airborne exposures and risk of gastric cancer: a prospective cohort study," Int'l Journal of Cancer, Vol. 120, Jan. 2007, pp. 2013-18.
11 S. Fatima, et al., "Analysis of chromosomal aberrations in men occupationally exposed to cement dust," Mutation Research/Genetic Toxicology and Environmental Mutagenesis, Vol. 490, Feb. 2001, pp. 179-86.
12 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. EPA, August 2010, pp.75-119 (www.epa.gov/ttn/atw/pcem/ria_cement.doc )
13 Cement Industry Challenges Pollution Cuts That Would Save Lives, Money," Earthjustice, November 8, 2010 www.earthjustice.org/news/press/2010/cement-industry-challenges-pollution-cuts-that-would-save-lives-money
14 Cupertino City Council Meeting, December 21, 2010 http://cupertino.granicus.com/MediaPlayer.php?view_id=14&clip_id=1053
15 Sarah E. Rothenberg, Lester McKee, Alicia Gilbreath, Donald Yee, Mike Connor and Xuewu Fu, Mercury Measurements Near the Lehigh Hanson Cement Plant Lehigh Hanson Cement Plant, A study conducted by : San Francisco Estuary Institute, www.youtube.com/watch?v=sbdGULPQT3o
Statement from Dr. Neil Carman, West Valley Citizens Air Watch (WVCAW)
submitted comments, September 4, 2009, http://www.baaqmd.gov/~/media/Files/Engineering/Title%20V%20Permits/A0017/letters_rcv_after_100109/10-02-09_Eden_Joyce_
Office of Mine Reclamation Staff Report 2-10-2011 http://www.southbayquarrylibrary.org/Catalog/OMR%20Staff%202011-02-10%20Report%20on%20Lehigh%20to%20State%20
24 www.BayAreaCleanEnvironment.org, Bay Area for Clean Environment, Inc. is a 501(c)(3) nonprofit public charitable organization. Your donation is a charitable contribution and is eligible as a Federal income tax deduction as defined by current IRS regulations..