This Is a History of Pacific Steel Casting Company, the Industry’S Local and Regional Regulators, and the East Bay Community Their Actions Impact

ATTACHMENT 12 ZAB 01-14-10 West Berkeley Alliance for CleanPage Air and 1of Safe 17 Jobs

THE HISTORY This is a history of Pacific Steel Casting Company, the industry’s local and regional regulators, and the East Bay community their actions impact.

Pacific Steel Casting Company (PSC), the City of Berkeley, and the Bay Area Air Quality Management District (BAAQMD) have been at odds with neighbors for years. This is partially because of PSC’s uncooperativeness and foul emissions, partly because of the City of Berkeley’s lack of meaningful action, and partly because of BAAQMD’s impenetrable regulatory bureaucracy and nearly unusable complaint policy. Neighbors have long known that PSC’s burning pot handle/burning brake odor is attributed to phenol and formaldehyde, as well as various other particulates and gases. These substances include recognized and suspected carcinogens, suspected cardiovascular or blood toxicants, developmental toxicants, immunotoxicants, kidney toxicants, gastrointestinal or liver toxicants, neurotoxicants, reproductive toxicants, respiratory toxicants, and skin or sense organ toxicants. Although they have complained and organized to have the emissions filtered out of the air, the odors have been a recurring nightmare for residents in El Cerrito, Albany, Berkeley, and Kensington for the past 25 or more years. Neighbors won some partial victories, with PSC installing a carbon adsorption system on Plant #2 in 1985, and on Plant #1 in 1991. A carbon adsorption system in Plant #3 became operational in October of 2006. However, the problems were not fully addressed and the odor nuisance has continued. When they made complaints to BAAQMD, the neighbors were confronted with bureaucratic sluggishness, inspectors discouraging them from complaining about PSC, red tape, and policies overwhelmingly favoring industry. The complaint policy is a case in point. To make complaints, residents must first discover what agency to call about the stink. After inquiring at federal, state, and local government institutions, perusing the phone book, and searching the Internet, they may learn about BAAQMD. Then they must call the complaint number (1-800-334-6367) and describe the specific odor they smell. If the complaints are made between 9 AM and 5 PM, an inspector may come to complainants’ homes/workplaces to try to confirm the smell. This can take 30 minutes to one hour or more depending on where the inspector is and how busy the inspector is at the time the complaints are phoned in. The complainants must be present when the inspector arrives and tries to sniff out the smell. The complainants must still smell the odor. If the complainants and inspector are able to smell the odor, the inspector continues the process to confirm the complaint. The inspector must trace the odor, block by block, back to the source before it is officially considered a confirmed complaint. Five different households, or five people at a workplace, must have their complaints confirmed by an inspector within a 24-hour period before a notice of violation can be issued to the offending polluter. PSC’s emissions move in the ambient air. Depending on the wind direction, the odor can be smelled intermittently. The odor may drift elsewhere before an inspector shows up. If the complaint is called in after regular work hours at BAAQMD, it is recorded and registered the next day. No confirmation can be made at that time. If three people call in after core hours, an inspector could be dispatched after hours, and confirmed complaints then could be filed. A lawyer for PSC said that neighbors were concerned with the odor and the effect it might have on the value of their homes. Neighbors contend they are variously concerned about quality of life, the impact on local businesses and jobs (including those of PSC workers), the risk to children in nearby childcare centers and schools, pregnant women’s (and their babies’) safety, the health of elders and environmentally sensitive community members, and danger to the environment. A Berkeley activist called for publicly accessible, independent, comprehensive testing for health and environment effects of all of PSC’s emissions (odorous and odorless). The following account, culled primarily from oral histories and years’ worth of clippings from periodicals, chronicles strong resistance by PSC, the City of Berkeley, and the BAAQMD to a comprehensive, transparent and responsive air analysis and cleanup process.

WANT TO KNOW MORE? WANT CLEAN AIR? Call: 1-800-334-6367 [email protected] every time (24/7) that you smell http://westberkeleyalliance.org/ the odor!

1 v.2.1 January 2010 ATTACHMENT 12 Chronology ZAB 01-14-10 1934 Pacific Steel Casting Company (PSC) was founded in estW Berkeley. The company makesPage technology 2of 17 for pumps and valves, oil fields, construction equipment, trucks, military, industrial, and mining applications. 1960 Some foundries started to use synthetic resins, which PSC was prepared to use in its future expansions. 1974 PSC was granted permission to build Plant #2. The Plant was permitted to use synthetic resins without a requirement for devices to control odorous emissions. 1975 Neighbors began to reflect on the smell from PSC’s new foundry processes. 1980 Robert Humphreys, City of Berkeley zoning officer, determined an Environmental Impact Report (EIR) would not be required for the construction of PSC’s Plant #3. This was because PSC had assured him that the new operation would produce “no increase in odors.” 1981 Berkeley neighbors began to organize around a burning pot handle/burning brake smell that emanated from PSC in West Berkeley. Neighbors learned to call the Bay Area Air Quality Management District (BAAQMD) to make complaints about the odor nuisance from PSC. PSC received notices of violation from BAAQMD for creating an odor nuisance due to many confirmed complaints from residents of Berkeley. The grassroots neighborhood organization Neighbors for Clean Air (NCA) was formed. NCA approached BAAQMD, the Berkeley City Council, the State Department of Health, and the City Board of Adjustments to deal with the issues of odor nuisance and possible health risks from emissions at PSC. Hearings were held at different agencies but, due to postponements and cancellations of nine hearing dates, no immediate action took place. 1982 Due to continued community complaints, BAAQMD scheduled a test to determine the source of PSC’s emissions. PSC was issued numerous notices of violation from BAAQMD for odor nuisance. The Berkeley City Council and the Board of Adjustments held public hearings regarding PSC odors, but deferred to BAAQMD. After receiving 107 confirmed complaints, the BAAQMD air pollution control officer filed for a public hearing before the BAAQMD hearing board (the quasi-judicial branch of the air district). District inspectors and consultants gave expert testimony, and residents testified about PSC’s odor nuisance. Throughout the hearing, PSC denied it was responsible for the odor. The BAAQMD hearing board issued a conditional order of abatement against Pacific Steel Casting Company, listing steps PSC must take to end the pollution. PSC was to return to the board a month later with very specific plans and a schedule for ending the release of its emissions. 1983 In January, PSC hired a $500 per day expert on foundries, Richard Duffee, to address the odor problem. He advised the erection of an 85-foot stack on Plant two, and ducts in parts of Plant two and three to solve the odor nuisance. The noxious odor then spread as far as Grizzly Peak in the Berkeley Hills. In response to PSC’s prolonged foot-dragging, the hearing board prepared an unconditional order of abatement, the most serious type of order. PSC’s lawyer from Joseph Alioto’s law firm immediately filed a petition in Superior Court to have the order of abatement overturned. This attempt failed and PSC was compelled to install an extensive ventilation system as well as scrubbers. PSC’s hired expert then advised adding a condenser. 1984 Thus far, PSC had been fined $40,000 and been forced to pay none of it. The odor returned to Berkeley, Albany, Kensington and El Cerrito neighborhoods. More confirmed complaints were tallied against PSC. More hearings were held. PSC was ordered to install a carbon filtration system within eight months. After still more hearings, in December, the BAAQMD hearing board issued an unconditional order of abatement, which stated that PSC must cease and desist emitting odors from its Plants or face fines and possible closure. 1985 The unconditional order of abatement went into effect in January. BAAQMD took PSC to Alameda County Superior Court to force the industry to adhere to its unconditional order of abatement and stop polluting the air. PSC installed a carbon adsorption system on Plant #2. 1990 There were 630 complaints made against PSC in this year alone. 1991 There were 142 complaints against PSC. PSC installed a carbon adsorption system on Plant #1. 1998 PSC received two loans and bought and installed a Calcifire Thermal Sand Reclamation System to reuse the

2 ATTACHMENT 12 5,500 tons of sand PSC uses in its casting process. Some observers called it an incinerator. No environmental impact report (EIR) process was conducted before the installation and no notice for public review was ZABgiven, 01-14-10violating the California Environmental Quality Act (CEQA). Page 3of 17 PSC (and the City of Berkeley) received an award from the California Association for Local Economic Development – announced in time for Earth Day – for installing the sand reclamation system. 1999 Between 1994 and 1999, the public had made 190 complaints, 27 of which were confirmed complaints. No notices of violation were issued. By the nineties, the bureaucratic complaint policies of BAAQMD had thoroughly frustrated longtime residents who had routinely called in complaints. Many stopped complaining by 1999. Many had moved out of the area. Residents new to the community did not know the source of the distinctive odor or whom to call about the smell. BAAQMD still had not effectively publicized the phone number for complaints. Some BAAQMD inspectors continued to discourage residents who tried to complain about or organize against PSC emissions. PSC requested that BAAQMD lift the unconditional order of abatement against it that had been in effect for fourteen years. 2000 In March a BAAQMD hearing was held to decide whether to lift the unconditional abatement order against Pacific Steel Casting Company. Public notice was only given via The Oakland Tribune. Residents who attended the hearing voiced concerns about the odor nuisance as well as public health and the environmental risks of the sand recycling unit. They were told the hearing board could only deal with the public nuisance issue (odor complaints). The hearing board took community members’ concerns into account. The board slammed the district’s complaint policies as well as the district’s method of determining a violation. Because such policy concerns are outside its jurisdiction, the hearing board was powerless to change BAAQMD policy. It was not powerless with regard to the abatement order. Only one member of the hearing board wrote a dissenting opinion against lifting the unconditional order of abatement. The order, which required that PSC cease and desist emission of its odor nuisance or face fines and possible closure, was lifted. 2001 There were 18 complaints made to BAAQMD against PSC. 2003 There were 49 complaints made. 2004 There were 112 complaints made. 2005 In April, seven odor complaints confirmed by a district inspector resulted in a notice of violation against PSC. BAAQMD transferred its inspector to a different beat. Pacific Steel Casting Company had topped BAAQMD’s complaint list in Berkeley every year since 2000. After the past 25 years of complaints, the emissions from the third unit at PSC were still unfiltered and about half of the emissions from the second unit were unfiltered. PSC’s environmental engineer said PSC would not act until BAAQMD found the source of the odor. The firm Aroner, Jewel & Ellis Partners (AJE) took over all public relations for PSC shortly thereafter. Also in April, Berkeley Mayor Tom Bates and City Councilmember Linda Maio’s aide held a town hall meeting. Over 70 people attended. The main topic was the continued community concern about PSC’s pollution. From the beginning of April to the end of June, 3 Notices of Violation were issued to PSC by BAAQMD. NCA came under the umbrella of a new group, The West Berkeley Alliance for Clean Air and Safe Jobs. The Alliance was founded as a network of neighbors, businesses, and environmental, social justice, and children’s groups in Berkeley, Albany, El Cerrito, and Kensington allied to preserve safe jobs while preventing noxious pollution. BAAQMD did not have the funds to conduct a Health Risk Assessment (HRA); it delegated this job to Pacific Steel. When the Alliance critiqued the conflict of interest inherent in an industry arranging and paying for its own evaluation, the City of Berkeley arranged public comment periods to take residents’ input about the planned HRA to BAAQMD and PSC. The initial HRA plan used emissions measurements from 15 years before, emissions estimates from a reference book, and projections of breathing rates for adult men rather than the trebled rate characteristic of children. The plan recommended few new source tests of PSC’s actual emissions. BAAQMD concluded this was adequate. The Alliance held a meeting in July to organize neighbors and train them in testing the air, independent from government and industry. In August, the City of Berkeley held a community meeting, agreeing to advocate on behalf of, and take input from, the community regarding the HRA and an imminent odor study of PSC, with the eventual goal of mitigating the pollution problem for good. In September and October, PSC submitted a Draft HRA Protocols and Modeling document, a Draft Source Test Plan and

3 ATTACHMENT 12 an Odor Control Plan to BAAQMD. PSC suggested it would install pollution controls in Plant #3. ZAB 01-14-10 In December the BAAQMD and PSC (excluding public participation) signed a settlement agreementPage due 4of to 9 17notices of violation in 2005. The agreement refered to Plant #3 and included installation of a carbon adsorption system, as well as PSC’s Odor Control Plan (new housekeeping procedures, use of an odor-neutralizer, enclosure of the cooling and pouring areas, etc.) The Alliance demanded that the flawed settlement agreement be renegotiated with public input. 2006 On April 10th, representatives of the Alliance, Berkeley City Councilmember Maio and the BAAQMD met to discuss community air monitoring. The BAAQMD canceled a scheduled follow-up meeting. In May, Communities for a Better Environment (CBE) declared its intent to file a suit against PSC, alleging violations of Clean Air Act recordkeeping requirements and permitted emissions limits. Also in May, the City of Berkeley Zoning Adjustments Board (ZAB) approved PSC’s permit to build the carbon adsorption system on Plant #3, without requiring environmental impact review and comprehensive toxics prevention (despite objections from community members such as the Alliance). A community member appealed the ZAB decision to the Berkeley City Council. At the end of May the City Council unanimously upheld the ZAB decision. City of Berkeley Mayor Bates was installed as a Director on the BAAQMD Board. At Mayor Bates’ request, Alliance members met with him to discuss Alliance requirements regarding PSC, the BAAQMD, and the City of Berkeley: placement of Continuous Emissions Monitoring devices (CEM’s) to calculate PSC’s emissions and offer easy public access to the emissions data, adoption of a Toxic Use Reduction (TUR) approach to cleanup, BAAQMD inspector response to complaints after hours, funds for independent community air testing, etc. In August, after Alliance members had repeatedly pressured the BAAQMD Board of Directors with public comments about PSC’s pollution, the BAAQMD filed suit against PSC for noncompliance with the settlement agreement. In September, PSC delivered a late, incomplete Emissions Inventory Report to the BAAQMD; PSC source test results for June and July were not included. PSC’s Carbon Adsorption filter on Plant #3 was installed by October 15th. In November, the Alliance released the results of independent community tests conducted to detect toxic dust/soot/ ash fallout in the neighborhoods around PSC. Many potentially harmful substances were detected, including unhealthy levels of lead. Also this month, the organization Neighborhood Solutions took PSC to small claims court on behalf of 25 community members. On November 11th, more than 250 community members attended a march and rally to protest PSC’s pollution. 2007 PSC mailed a “Neighborhood News” publication to 7500 Berkeley residents to begin the year. In February, Berkeley Mayor Bates and Berkeley City Council member Maio held a community meeting to discuss PSC. BAAQMD and PSC representatives were present, and an Alliance member spoke out to a standing ovation. Also in February, CBE and PSC reached a settlement. The agreement required PSC to dedicate $350,000 to reduce annual emissions by 2 tons within 3 years. The decision about how to spend the money was to be made by CBE, PSC and the GMP-164b union of PSC workers. The agreement allowed CBE to tour PSC’s facility and review records there multiple times per year. Lastly, PSC was required to inspect scrap shipments and only use scrap metal without mercury, plastic, lead, and other contaminants. PSC had been cited when the melting of scrap guns with ammunition and oil left in them blew a hole in one bag house and released smoke. Late in February, PSC’s Emissions Inventory Report was released by the BAAQMD to the community. The Alliance requested that material excluded from the report because PSC claimed it was trade secret be included. The uncensored version was made public by the BAAQMD after PSC did not take legal action to prevent this. In March, the Berkeley City Council heard its Community Environmental Advisory Commission (CEAC) recommendations for City actions regarding PSC’s pollution: test for lead and other heavy metals in the community, convene a public hearing about PSC’s pollution, enforce existing City codes and ordinances, and encourage PSC to adopt TUR measures. The City decided to delay the possibility of taking action on any CEAC recommendations until the release of the HRA; this meant that no funds to enact the CEAC recommendations could be approved in the City budget. In April, Alliance ally Global Community Monitor (GCM) got a $25,000 grant from the BAAQMD to conduct community air testing. The BAAQMD also said it would set up a mobile air monitoring station in West Berkeley and conduct tests for PSC’s emissions, but provided no start-up date. In May, PSC and the BAAQMD accepted a settlement agreement that stated PSC will pay a $150,000 fine and install a capture hood at Plant #3’s electric arc furnace. On July 23rd, PSC released its entire draft HRA to the BAAQMD. The HRA was to be released to the public at the end of July, but the BAAQMD returned the HRA to PSC for revisions. The release date of the HRA was postponed to September. In August, GCM presented the results of the first 25 community air tests. Very high manganese and nickel levels were

4 ATTACHMENT 12 found, as well as a number of other chemicals PSC reported emitting. GCM announced it planned to conduct 100 more tests by December. ZAB 01-14-10 Page 5of 17 In November, nine of the nineteen plaintiffs who filed a small claims case against Pacific Steel Casting (PSC) were awarded between $2,100 and $5,100 each. The judge found PSC created a private nuisance and a real, appreciable invasion of the plaintiffs’ interests. PSC said it would appeal the decision.

2008 In January, Mayor Bates and Councilmember Maio held a public meeting to review PSC’s Health Risk Assessment, allowing for public comments. The BAAQMD staff was present. Maio vowed she would force PSC to cut odors from its plants.

Beginning in February, PSC laid off 60 workers and claimed the lay-offs were “due to the uncertainty of the company’s future” since Councilmember Maio had said she planned to introduce a City Council motion stating that PSC was a public nuisance. PSC alleged that this could have resulted in the revocation of its use permits. PSC said several clients cancelled orders after the public nuisance proposal was made public.

Maio and Bates took the public nuisance motion off of the Council agenda after receiving a letter from PSC saying it would negotiate.

Bates and Maio began backroom talks with PSC to discuss an Odor Control Plan. (There was no public involvement).

PSC issued the third edition of its Neighborhood News PR pamphlet in a mass mailing to West Berkeley residents, declaring it would reduce emissions, and implying that its efforts had lowered complaint numbers.

In April, PSC appealed the small claims court decision.

Lawyer Tim Rumberger filed a class action lawsuit against PSC on behalf of West Berkeley residents.

A community member made a public records request to the BAAQMD for a copy of PSC’s Odor Control Plan. The BAAQMD notified PSC of the request. PSC sued the BAAQMD to prevent the release of the Odor Control Plan because PSC said it contained trade secrets.

Tetra Tech EM, Inc., hired to analyze PSC’s HRA by the City of Berkeley, released its review of the HRA. The review found numerous shortcomings, omissions and questionable methodologies.

In July, the City of Berkeley and PSC made an agreement to improve Plant 1 and Plant 2 and thereby reduce emissions.

In December, the 2007 small claims court decision to award West Berkeley residents damages from PSC was overturned.

USA Today published a study of 127, 800 nationwide schools’ pollution levels using Environmental Protection Agency (EPA) Toxic Release Inventory (TRI) data. Three schools in West Berkeley were found to be in the first and worst percentile of polluted schools. Berkeley High School was ranked in the eighth worst percentile. City leaders, Berkeley Unified School District officials, private schools and community members were alarmed. The BAAQMDAPCO, Jack Broadbent, wrote a letter to debunk the EPA TRI data used and the results. EPA staff then apparently defended the way the TRI data were used in the USA Today study.

2009 On February 22nd, about 250 community members marched to PSC demanding cleaner air.

In April, the Healthy Air Coalition of neighbors sued the BAAQMD in an effort to obtain the release of PSC’s Odor Control Plan.

The BAAQMD released the West Berkeley Air Monitoring results for the previous year. No toxic emissions exceeded legal levels. The Alliance and community members questioned the BAAQMD’s comparison of large port cities to PSC’s area and critiqued the methodology of the air monitoring.

In early July, 75 more PSC workers were laid off due to the economic recession. Ignacio de la Fuente, Oakland City Councilmember and International Vice President of PSC’s union, claimed environmentalists and local residents had gone too far and caused financial damage to PSC, resulting in the layoffs.

By late July, half of PSC’s workforce was laid off. PSC’s PR firm stated the economy was the cause.

Environmental justice organizations, including the Alliance, met with the BAAQMD staff to discuss problems with the BAAQMD Complaint Guidelines. The environmental justice groups made a proposal to change the Complaint Guidelines.

In September, the City of Berkeley Zoning Adjustments Board (ZAB) questioned City staff’s performance review report on PSC’s Plant 3 use permit, and asked City staff to answer the ZAB’s questions in a follow-up report. Community members,

5 ATTACHMENT 12 including the Alliance, attended a meeting to urge the ZAB to add stringent conditions to PSC’s permit. ZAB 01-14-10 In October, Global Community Monitor received a grant from the Clarence E. Heller Charitable FoundationPage 6of to 17 conduct body burden blood testing of West Berkeley residents.

In November, the Alliance, environmental justice groups and other community members attended a second meeting with the BAAQMD staff to discuss the proposed Complaint Guideline changes. The BAAQMD staff agreed to respond to the proposed changes by early January 2010.

In November and December, member organizations of the Bay Area Environmental Health Collaborative (BAEHC), including the Alliance, attended the BAAQMD Board of Directors meetings to advocate that the Board adopt the BAEHC’s protocols. The protocols proposed banning new industry permits in highly impacted areas in the Bay Area and tightening regulations for existing industry in highly impacted areas.

2010 History in the making...

Sources . [Unknown Title]. The Berkeley Voice, August 31, 1983. . “Air District Files Suit Over Emissions.” The East Bay Daily News, August 16, 2006. . “Berkeley Air District Reaches Agreement about Odors.” Bay City News, May 2, 2007. . “Berkeley Business Briefs.” The Berkeley Voice, May 7, 1998. . “Berkeley Refinery Installing Filters to Curb Smell.”Associated Press, October 16, 2006. http://cbs5.com/business/local_story_275123023.html . “Berkeley’s Steel Deal.” The San Francisco Chronicle, May 4, 2007. . “Carcinogens In NW Berk Air.” Ecology Newsletter, November, 1984. . “Christmas Craft Corner: New Twists on Old Traditions for Fun with Family and Friends!” The Berkeley Daily Planet, December 5-7, 2006. . “Consultants – the New Anti-Labor Goons.” Grassroots, January 24, 1985. . “David vs. Goliath: Air Pollution Battle in Berkeley.” The Sierra Club Yodeler, December, 1984. . “Neighborhood News: from Pacific Steel Casting Company.” Pacific Steel Casting Company, No. 1, January, 2007 . “Neighborhood News: from Pacific Steel Casting Company.” Pacific Steel Casting Company, No.2, July, 2007. . “Neighborhood News: from Pacific Steel Casting Company.” Pacific Steel Casting Company, No.3, 2008. . “New Order to Stop West Berkeley Stink.” Grassroots, January 9, 1985. . “Pacific Steel Sues to Block Clean-Up Order.” The Berkeley Gazette, March 11, 1983. . “Pollution In N.W. Berkeley Protested.” Grassroots, October 10, 1984. . “Rulings/Regulations: Osha Fines Radial International Corp. for Safety and Health Violations.” Foundry Management and Technology Magazine, September, 2006. . “Steel Foundry Detailed Information: Pacific Steel Casting Company.” Steel Founders’ Society of America, 1995-2005. http//:www.sfsa.org/dir/lookup. php3?clink=269 . “The Cleaning of California’s Air”. [editorial] Media News, www.insidebayarea.com, December 18, 2008. . The Healthy Air Coalition. “Open Letter to the Workers Of Pacific Steel Casting”. [letter to the editor].The Daily Californian, February 24, 2009. Adler, Jeremy. “Steel Factory Finishes Report on Chemical Emissions.” The Daily Californian, August 2, 2007. Aimes, Raya. “Bates’ Charade Regarding Pacific Steel”. [commentary]. The Berkeley Daily Planet, November 13-19, 2008. Aimes, Raya. “Mayor Bates: Taking and Giving Nothing Back”. [commentary]. The Berkeley Daily Planet, November 6, 2008. Albert, Marc. “Activist Demands Scrutiny of Foundry.” The Berkeley Voice, May 27, 1999. Allen-Taylor, J. Douglas. “Neighbors Win One, Lose One in Legal Actions Against Pacific Steel”. The Berkeley Daily Planet, December 18-22, 2008. Artz, Matthew. “City, Pacific Steel Will Study Noxious West Berkeley Odor.” The Berkeley Daily Planet, August 5-8, 2005. Artz, Matthew. “Pacific Steel Cited for Noxious Odor After Neighbors Complain.” The Berkeley Daily Planet, April 1-4, 2005. Artz, Matthew. “Pacific Steel Proposes Solution for Foul Air Problem.” The Berkeley Daily Planet, October 21-24, 2005. Artz, Matthew. “Pacific Steel Reevaluates Response Policy After Gunpoint Robbery.” The Berkeley Daily Planet, October 4-6, 2005. Artz, Matthew. “West Berkeley Meeting Addresses Pacific Steel Odor.” The Berkeley Daily Planet, April 19-21, 2005. Avalos, George. “Eco Activists cloud jobs picture”. The Oakland Tribune, July 10, 2009. Balicki, Robert. “Nonprofit’s Data Shows Pollutants Near Foundry.” The Daily Californian, August 29, 2007. Barry, Sean. “Campaigning Minimal in Subdued Race for District 1.” The Daily Californian, October 17, 2006. Bender, Kristen. “Berkeley firm loses suit.” The Oakland Tribune, November 19, 2007. Bender, Kristen. “Clean-Air Group Keeps After Berkeley Steel Plant.” The Oakland Tribune, January 31, 2006. Bender, Kristen. “Community to Talk About Steel Factory.” The Oakland Tribune, February 15, 2006. Bender, Kristen. “Study: Steel Casting risk low.” The East Bay Daily News, October 16, 2007. Bender, Kristin and Oakley, Doug. “Berkeley schools atop bad-air list.” The Oakland Tribune, December 9, 2008. Bender, Kristin. “Another Suit for Pacific Steel.”The Oakland Tribune, August 16, 2006. Bender, Kristin. “Berkeley Residents Finally Fed Up with Pacific Steel.”The Oakland Tribune, November 1, 2006. Bender, Kristin. “Court Halts Environmental Group’s Bid to Close Berkeley Steel Foundry.” The Oakland Tribune, September 22, 2006. Bender, Kristin. “Foundry Will Reduce Emissions.” The Contra Costa Times, February 2, 2007. Bender, Kristin. “W. Berkeleyans Say Something’s Fouling Their Air.” The Oakland Tribune, August 10, 2005. Bhattacharjee, Riya. “Air District Releases Health Assessment of Pacific Steel.” The Berkeley Daily Planet, October 19-22, 2007. Bhattacharjee, Riya. “Berkeley Lawyer Files Class-Action Suit against Pacific Steel”. The Berkeley Daily Planet, April 25-30, 2008. Bhattacharjee, Riya. “Citizens Turn Up the Heat On Pacific Steel Again”.The Berkeley Daily Planet, February 19-25, 2009. Bhattacharjee, Riya. “Community Questions Berkeley Mayor About Pacific Steel Agreement”. The Berkeley Daily Planet, July 17-23, 2008. Bhattacharjee, Riya. “Court Denies Preliminary Injunction in CBE Lawsuit Against Pacific Steel.” The Berkeley Daily Planet, September 22-25, 2006. Bhattacharjee, Riya. “Developer Selects West Berkeley for New Housing Project”. The Berkeley Daily Planet, October 9-15, 2008. Bhattacharjee, Riya. “Environmentalists Protest Pacific Steel Emissions.” The Berkeley Daily Planet, November 14-16, 2006.

6 ATTACHMENT 12 Bhattacharjee, Riya. “EPA Will Not Test Berkeley Air Quality”. The Berkeley Daily Planet, April 9-15, 2009. Bhattacharjee, Riya. “Group to Announce Results of West Berkeley Air Quality Testing.” The Berkeley Daily Planet, AugustZAB 28-30, 01-14-10 2007. Bhattacharjee, Riya. “Groups Plan Protest Against Pacific Steel.” The Berkeley Daily Planet, November 10, 2006. Page 7of 17 Bhattacharjee, Riya. “Local Davids Battled Goliaths in 2006.” The Berkeley Daily Planet, January 9-11, 2007. Bhattacharjee, Riya. “Neighbors Win Nuisance Case Against Pacific Steel Casting.”The Berkeley Daily Planet, November 20-22, 2007. Bhattacharjee, Riya. “Pacific Steel Appeal of Court Decisions Begins”.The Berkeley Daily Planet, April 22-24, 2008. Bhattacharjee, Riya. “Pacific Steel Casting Final Emissions Report Released.” The Berkeley Daily Planet, March 6-8, 2007. Bhattacharjee, Riya. “Pacific Steel Emission Reports Turned Over to Air District.” The Berkeley Daily Planet, September 12-14, 2006. Bhattacharjee, Riya. “Pacific Steel Lays Off Half Its Workforce”. The Berkeley Daily Planet, July 16-22, 2009. Bhattacharjee, Riya. “Pacific Steel Prepares Health Risk Report.” The Berkeley Daily Planet, July 17-19, 2007. Bhattacharjee, Riya. “Pacific Steel Releases Health Assessment, Citizens Say Process Flawed.” The Berkeley Daily Planet, July 31-August 2, 2007. Bhattacharjee, Riya. “Pacific Steel Report on Health Risk from Emissions Past Due.” The Berkeley Daily Planet, August 22-24, 2006. Bhattacharjee, Riya. “Pacific Steel Settles with Air Quality District.”The Berkeley Daily Planet, May 4-7, 2007. Bhattacharjee, Riya. “Pacific Steel Suit Settlement Announced.”The Berkeley Daily Planet, February 2-5, 2007. Bhattacharjee, Riya. “Pacific Steel Workers Urge City to Defend Plant’s Presence in Berkeley.” The Berkeley Daily Planet, February 15, 2008. Bhattacharjee, Riya. “Residents to Release Report no Pacific Steel.” The Berkeley Daily Planet, January 29-31, 2008. Bhattacharjee, Riya. “Rosa Parks Welcomes New Families.” The Berkeley Daily Planet, September 1-4, 2006. Bhattacharjee, Riya. “State Regulators Sue Pacific Steel Casting.” The Berkeley Daily Planet, August 18-21, 2006. Bhattacharjee, Riya. “Top Berkeley Headlines of 2008”. The Berkeley Daily Planet, January 8-15, 2009. Bhattacharjee, Riya. “Watchdog Group Sues Air Dsitrict”. The Berkeley Daily Planet, April 16-22, 2009. Bhattacharjee, Riya. “Watchdogs Demand Release of Pacific Steel Report.” The Berkeley Daily Planet, August 4-7, 2006. Bhattacharjee, Riya. “West Berkeley Residents Monitor Pacific Steel Emissions.” The Berkeley Daily Planet, April 24-26, 2007. Bhattacharjee, Riya. “West Berkleey Air Monitoring Results Released”. The Berkeley Daily Planet, April 23-29, 2009. Bhattacharjee, Riya. “ZAB Takes on Pacific Steel”. The Berkeley Daily Planet, September 17-23, 2009. Bhattacharjee, Riya. “Zoning Board to Review Pacific Steel Use Permit”.The Berkeley Daily Planet, September 10-16, 2009. Bhattacharjee, Riya.”Council Considers Whether Pacific Steel Constitutes a ‘Nuisance’.”The Berkeley Daily Planet, February 12-14, 2008. Brenneman, Richard. “Flexibility Out, New Numbers Needed as West Berkeley Project Continues”. The Berkeley Daily Planet, June 19, 2008. Brenneman, Richard. “Kragen Site, Pacific Steel, Sisterna Top ZAB Agenda.” The Berkeley Daily Planet, April 25, 2006. Brenneman, Richard. “Pacific Steel Health Hearing Packs Center.” The Berkeley Daily Planet, January 11-14, 2008. Brenneman, Richard. “Trader Joe’s, Pacific Steel Casting on Crowded ZAB Agenda.” The Berkeley Daily Planet, May 9-11, 2006. Brenneman, Richard. “ZAB Approves Pacific Steel Casting Air Filter, Says No to Quiznos.”The Berkeley Daily Planet, May 16-18, 2006. Broadbent, Jack. “USA Today Article: Bad Data”. [letter to the editor]. The Berkeley Daily Planet, January 8-15, 2009. Brooks, Amy. “Civil Suit Brought Against Berkeley Steel Foundry”. The Daily Californian, April 29, 2008. Brown, Joelle. “Under Fire, Plant Installs New Carbon Filters, The Daily Californian, October 4, 2006. Brown, Keith. “Hot Debate at Meeting on Steel Plant.” The Daily Californian, February 8, 2007. Buel, Stephen. “Big Stink About Foundry Leads to Permit Hearing.” The Berkeley Gazette, February 11, 1982. Buel, Stephen. “Foundry Says it’s Cleaned up its Act.” The Berkeley Gazette, January, 1982. Buel, Stephen. “Steelcasting [sic] Firm Notified of Foul Odor.” The Berkeley Gazette, December 4, 1981. Burress, Charles. “Berkeley Factory Battle.” The San Francisco Examiner, November 28, 1982. Burress, Charles. “Steel Plant is Ordered to Eliminate ‘Burning Pot Handle’ Odors.” The San Francisco Examiner, August 26, 1983. Cameron, D. Ross. “Spare the Air.” The Oakland Tribune, October 4, 2006. Carrassi, Chris. “Economy Forces ‘Dramatic’ Layoffs at Steel Plant. The Daily Californian, July 23, 2009. Contini, Nora. “West Berkeley Odor Hearing.” Grassroots, May, 1982. Contini, Nora. “Workers and Neighbors.” Grassroots, February 24-March 9, 1982. Davies, John F. “Throwing the Baby Out with the Bath Water.” [commentary]. The Berkeley Daily Planet, November 24-27, 2006. Davis, Gerald. “Berkeley Foundry Ordered to Clean Up Act.” The Oakland Tribune, August 25, 1983. Denney, Carol. “Legacy In Good Hands’. [letter to the editor]. The Berkeley Daily Planet, October 9, 2008. Diringer, Elliot. “Berkeley Foundry Told to Stop Fumes.” The San Francisco Chronicle, December 31, 1984. Dodsworth, Fred. “Air Authority, Foundry Settle.” The East Bay Daily News, December 29, 2005. Dodsworth, Fred. “Factory Says Odors Resolved.” The East Bay Daily News, Volume 1, Number 114, October 19, 2005. Dodsworth, Fred. “Factory Stench Stirs Debate.” The East Bay Daily News, Volume 1, Number 65, August 10, 2005. Dodsworth, Fred. “Neighborhood Vents About Stink.” The East Bay Daily News, August 12, 2005. Dodsworth, Fred. “Neighbors Threaten to Sue Polluting Steel Plant.” The East Bay Daily News, February 2, 2006. Dodsworth, Fred. “Pollutants May Go Unmonitored.” The East Bay Daily News, November 7, 2005. Dodsworth, Fred. “Residents Find Protocols Vague.” The East Bay Daily News, September 1, 2005. Donaldson, Steven. “Seeing the Positive Reality of Change in West Berkeley”. [commentary]. The Berkeley Daily Planet, April 1-3, 2008. Ewell, Miranda. “Cry Foul.” The Montclarion, December 1, 1982. Fielding, Doug. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, October 17-20, 2006. Fitzpatrick, Kelly. “Compromise in Sight Between City and Pacific Steel Casting”.The Daily Californian, February 21, 2008. Fu, Christine. “City Council Calls for Inquiry into Local Steel Plant’s Emissions.” The Daily Californian, September 16, 1999. Galpern, Andrew. “Don’t Ask, Don’t Smell.” [letter to the editor]. The Berkeley Daily Planet, October 23, 2007. Galpern, Andrew. “More Questions to Ask Pacific Steel.” [commentary]. The Berkeley Daily Planet, September 15-18, 2006. Galpern, Andrew. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, February 24-26, 2006. Galpern, Andrew. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, November 20-22, 2007. Galpern, Andrew. “PSC Continues to Pollute.” [letter to the editor]. The Berkeley Daily Planet, February 2-5, 2007. Gammon, Robert. “Air Pollution Watchdogs Conspire With A Polluter”. The East Bay Express, April 22-25, 2009. Gardener, Herb. “Defecation in the Streets.” [letter to the editor]. The Berkeley Daily Planet, May 11-14, 2007. Geis, Ken. “Pacific Steel Layoffs”. [letter to the editor].The Berkeley Daily Planet, February 22-25, 2008. Ginsburg, Marsha. “Residents Fume Over Foundry Odors.” The San Francisco Examiner, October 5, 1984. Goettlich, Paul. “Blowing Smoke At US.” [commentary]. The Berkeley Daily Planet, March 14-16, 2006. Guerrero, Peter F. “Pacific Steel Needs to Do More About Pollution.”The Berkeley Daily Planet, November 22-24, 2005. Guerrero, Peter. “Berkeley Not So Green After All.” The Oakland Tribune, August 12, 2005. Hawkridge, John. “Noxious Odors.” [letter to the editor]. The Berkeley Daily Planet, April 30-May 3, 2004. Hawley, Robert. [letter to the editor]. The Berkeley Gazette, December 3, 1982. Heisler, Steve. “Contaminant Tests to Begin.” The East Bay Daily News, August 4, 2006.

7 ATTACHMENT 12 Heisler, Steve. “Residents to Sniff Our Pollution.” The East Bay Daily News, July 29, 2006. Hill, Justin. “Air Board Sues Steel Firm Over Odorous Emissions.” The Contra Costa Times, August 16, 2006. ZAB 01-14-10 Holloway, Peter J. [letter to the editor]. The Berkeley Gazette, December, 1982. Page 8of 17 Holloway, Peter. “Bad Air in Berkeley?” The Berkeley Council of Neighborhood Associations, March, 1982. Huang, Philip. “Inaccuracy.” [letter to the editor]. The Berkeley Daily Planet, August 3-6, 2007. Hughes, Charles V. [letter to the editor]. The Berkeley Gazette, December, 1982. Johnson, Jason B. “Steel Mill to Install $2 Million Filter.” The San Francisco Chronicle, December 29, 2005. Jones, Carolyn. “Artist-Industrial Enclave in West Berkeley Feeling Growth Pressure.” The San Francisco Chronicle, August 19, 2007. Jones, Carolyn. “Council Weighs Rumsfeld Lawsuit.” The San Francisco Chronicle, March 14, 2007. Jones, Carolyn. “Critics Say Steel Plant Still Spewing Toxics.” The San Francisco Chronicle, August 29, 2007. Jones, Carolyn. “Dozens protest steel foundry fumes”. The San Francisco Chronicle, February 22, 2009. Jones, Carolyn. “It Won’t Be Easy Being Green.” The San Francisco Chronicle, May 24, 2007. Jones, Carolyn. “New Stink Over Steel Foundry.” The San Francisco Chronicle, March 12, 2007. Jones, Carolyn. “Pacific Steel Agrees to Fine, Pollution Controls.”The San Francisco Chronicle, May 2, 2007. Jones, Carolyn. “Pacific Steel to Reduce Toxic Emissions.”The San Francisco Chronicle, February 2, 2007. Jones, Carolyn. “Steel Foundry to Try Filtering Smelly Effluent.”The San Francisco Chronicle, October 2, 2006. Jones, Will. “Court Requested to Order Foundry to Stop Nasty Odor.” The Oakland Tribune, March 12, 1985. Kay, Michael. “Berkeley Steel Plant Can Stay Open While Awaiting Trial.” The Daily Californian, September 25, 2006. Kay, Michael. “Residents Push for Further City Action on Foundry.” The Daily Californian, March 13, 2007. Kim, Esther. “Steel Foundry Workers Rally Amidst Fears of Layoffs.” The Daily Californian, February 8, 2008. Kroll, Chris, Janice Schroeder, and Davis Schroeder. “Zoning Board Ignored PSC Health Hazards.” The Berkeley Daily Planet, May 19-22, 2006. La Barre, Suzanne. “Appeal Filed Against Pacific Steel Odor Reduction Permit.”The Berkeley Daily Planet, June 2-5, 2006. La Barre, Suzanne. “Environmentalists Speak Out Against Pacific Steel.” The Berkeley Daily Planet, March 17-20, 2006. La Barre, Suzanne. “Group Takes Pacific Steel to Court Over Emissions.” The Berkeley Daily Planet, July 11-13, 2006. La Barre, Suzanne. “Newcomer Takes on Pacific Steel Casting Pollution.”The Berkeley Daily Planet, March 3-6, 2006. La Barre, Suzanne. “Organizer Leads Suit Against Pacific Steel.” The Berkeley Daily Planet, May 16-18, 2006. La Barre, Suzanne. “Pacific Steel Faces New Lawsuit From Environmental Group.”The Berkeley Daily Planet, May 19-22, 2006. La Barre, Suzanne. “Suit Served Against Pacific Steel.” The Berkeley Daily Planet, July 21-24, 2006. La Barre, Suzanne. “Watchdog Group Will Sue Pacific Steel.”The Berkeley Daily Planet, February 3-6, 2006. Landon, David. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, June 30-July 3, 2006. Lerza, Catherine. “District 1.” [letter to the editor]. The Berkeley Daily Planet, September 8-11, 2006. Liftik, Maggie. “Maio, Broadbent Deny City Air Pollution”. [commentary]. The Berkeley Daily Planet, January 22-28, 2009. Lopez, Alan. “Air Quality District Reaches Settlement With Pacific Steel.” The West County Times, December 29, 2005. Lopez, Alan. “Pacific Steel Settles With Air District.” The Berkeley Voice, December 30, 2005. MacClarin, Wanda. “Clean Air Group Objects to Odor from Foundry.” The Oakland Tribune, February 11, 1982. Maio, Linda. “Berkeley Air Quality”. [letter to the editor]. The Berkeley Daily Planet, January 8-14, 2009. Manning, Stephanie. [letter to the editor]. The Berkeley Gazette, December, 1982. Marasovic, Carole. “Job Losses”. [letter to the editor]. The Berkeley Daily Planet, July 16-22, 2009. Matthews, Karen. “Pacific Steel Must Clean Up Plant Odors.”The Berkeley Gazette, August 25, 1983. Matthews, Karen. “Tentative Truce On Odors.” The Berkeley Gazette, August 27, 1983. Mc Donald, Courtney. “West Berkeley Health”. [letter to the editor]. The Berkeley Daily Planet, October 29 – November 4, 2009. McFarland, Kristin. “Berkeley Schools Top Bad Air Quality List”. The Berkeley Daily Planet, December 18-22, 2008. McGrath, Mike. “Foundry Still Stinks, Residents Tell Council.” The Berkeley Gazette, November 26, 1982. McGuire, Tom. “Pacific Steel.” [letter to the editor]The Berkeley Daily Planet, August 9-11, 2005. Michaels, Pear. “Backwards Sensitivity To Pacific Steel Neighbors”. [commentary]. The Berkeley Daily Planet, November 13-19, 2008. Morrison, Blake and Heath, Brad and Jervis, Rick. “Young Students Often Most Vulnerable To Toxic Air”. USA TODAY, December 21, 2008. Nakashima, Ellen. “Factory Must Stop Odors, Board Tells Berkeley Plant.” [Unknown Publication], December 19, 1984. Nakashima, Ellen. “Hearings Begin Over Foul West Berkeley Odor.” The Daily Californian, October 3, 1984. Nakashima, Ellen. “West Berkeley Odor May Be Eliminated.” The Daily Californian, November 30, 1984. O’Toole, Kathy. “Berkeley Foundry Told to Stop Odor.” The Oakland Tribune, December 19, 1984. Oakley, Doug. “Air Advocates Test Pacific Steel Site.” The East Bay Daily News, April 25, 2007. Oakley, Doug. “Berkeley steel plant agrees to reduce odors”. The West County Times, February 16, 2008. Oakley, Doug. “Council on Green Crusade.” The East Bay Daily News, March 15, 2007. Oakley, Doug. “Foundry could be declared public nuisance.” The East Bay Daily News, February 8, 2008. Oakley, Doug. “Foundry to Reduce Emissions.” The East Bay Daily News, February 2, 2007. Oakley, Doug. “Pacific Steel Feels the Heat.”The East Bay Daily News, October 13, 2006. Oakley, Doug. “Pacific Steel Initiates Discussion with Neighbors.”The East Bay Daily News, January 23, 2007. Oakley, Doug. “Pacific Steel Settles Air Lawsuit.”The Oakland Tribune, May 3, 2007. Oakley, Doug. “Pacific Steel Settles Pollution Lawsuit.”The West County Times, May 4, 2007. Oakley, Doug. “Pacific Steel strikes deal with city of Berkeley”.The San Jose Mercury News, February 14, 2008. Oakley, Doug. “Pacific Steel to reduce odors”.The East Bay Daily News, February 15, 2008. Oakley, Doug. “Steel Plant Case Causes a Stink.” The East Bay Daily News, September 21, 2006. Oakley, Doug. “Steel Plant in Court Over Emissions.” The West County Times, September 22, 2006. Oakley, Doug. “Steel Plant Readies for Odor Filter.” The East Bay Daily News, September 26, 2006. Oakley, Doug. “Steel Plant Still Smells, Some Say.” The East Bay Daily News, November 4, 2006. Oakley, Doug. “What’s that smell? Class action seeks answer”. The Contra Costa Times, April 30, 2008. Orenstein, Peggy. “The Way We Live Now: The Toxic Paradox”. The New York Edition, February 8, 2009. Ovadia, Tomer. “Healthy Air Coalition Sues for Disclosure of Emission Plan”. The Daily Californian, April 14, 2009. Paul, Willi. “Fighting for Clean Air.” [commentary]. The Berkeley Daily Planet, February 24-26, 2006. Paul, Willi. “Out With Maio.” [letter to the editor]. The Berkeley Daily Planet, July 14-17, 2006. Paul, Willi. “Pacific Steel Emissions.” [letter to the editor].The Berkeley Daily Planet, August 31- September 3, 2007. Paul, Willi. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, February 7, 2006. Paul, Willi. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, October 13-16, 2006. Paul, Willi. “Really Being Green, Not Just Whistling Yourself Green.” [commentary]. The Berkeley Daily Planet, August 29-31, 2006. Paul, Willi. “Seven Blocks, Green Mule.” [letter to the editor]. The Berkeley Daily Planet, March 24-27, 2006.

8 ATTACHMENT 12 Riftik, Maggie. “Berkeley Needs to Protect its Air and Children”. [commentary]. The Berkeley Daily Planet, January 8-15, 2009. Ross, Andrew. “Plant Has Fresh Plan to End Its Foul Fumes.” The San Francisco Examiner, November 28, 1984. ZAB 01-14-10 Scanlon, Mavis. “Berkeley’s Pacific Steel Casting Sued Over Clean Air Act Violations.”The East Bay Business Times, JulyPage 14, 2006. 9of 17 Scanlon, Mavis. “Odors from Pacific Steel Casting Still Burning Noses – and empers.”T The East Bay Business Times, January 19, 2007. Scanlon, Mavis. “Pacific Steel Casting Sued Over Foul Odors.”The East Bay Business Times, July 21, 2006. Scanlon, Mavis. “Pacific Steel Makes Move to Quell Smell.”The East Bay Business Times, February 23, 2007. Scherr Judith. “Pacific Steel Casting Remains Under Scrutiny.” The Berkeley Daily Planet, September 21, 1999. Scherr, Judith. “Air Quality Board Considers Pacific Steel Castings’ Case.” The Berkeley Daily Planet, January 5, 2000. Scherr, Judith. “Audience Demands to Be Heard at PSC Meeting.” The Berkeley Daily Planet, February 9-12, 2007. Scherr, Judith. “City Council Agrees to Limit Commissioner Terms.” The Berkeley Daily Planet, March 16-19, 2007. Scherr, Judith. “City Council Considers Public Commons Services.” The Berkeley Daily Planet, February 12-14, 2008. Scherr, Judith. “Community Meeting Addresses Steel Plant Issues.” The Berkeley Daily Planet, February 17-20, 2006. Scherr, Judith. “Community Meeting Addresses Steel Plant Issues.” The Berkeley Daily Planet, February 17-20, 2006. Scherr, Judith. “Council Looks at Budget, Approves Garbage Hikes.” The Berkeley Daily Planet, June 23-26, 2006. Scherr, Judith. “Emissions Debate Nears End.” The Berkeley Daily Planet, September 23, 1999. Scherr, Judith. “Emissions, Commissions, Behavior, War on Council Agenda.” The Berkeley Daily Planet, March 13-15, 2007. Scherr, Judith. “Foundry Continues to Concern Neighbors.” The Berkeley Daily Planet, March 17, 2000. Scherr, Judith. “Maio Faces Mitchell in District 1 Race.” The Berkeley Daily Planet, August 25-28, 2006. Scherr, Judith. “Mitchell and Maio Battle for Future of District 1.” The Berkeley Daily Planet, October 20-23, 2006. Scherr, Judith. “Neighbors Raise Stink Over Odors.” The Berkeley Daily Planet, June 13, 1999. Scherr, Judith. “Nexus Evictions, LPO Revisions, Fee Hikes on Council Agenda.” The Berkeley Daily Planet, June 20-22, 2006. Scherr, Judith. “Odor Debate Lingers.” The Berkeley Daily Planet, July 13, 1999. Scherr, Judith. “Odorous Order: Air Quality Board Places New Conditions On Foundry.” The Berkeley Daily Planet, January 10, 2000. Scherr, Judith. “Pacific Steel Castings [title partially destroyed].”The Berkeley Daily Planet, November 3, 1999. Schimmel, Nancy. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, July 31, 2007. Schroeder, David. “Eco Activists for more green jobs”. [letter to the editor]. The Berkeley Voice, July 17, 2009. Schroeder, David. “For Green Jobs”. [letter to the editor]. The West County Times, July 22, 2009. Schroeder, David. “Pacific Steel Layoffs”. [letter to the editor].The Berkeley Daily Planet, July16-22, 2009. Schroeder, David. “Toxics.” [letter to the editor]. The Berkeley Daily Planet, July 6-9, 2007. Schroeder, David. “West Berkeley Odors Mandate Comprehensive Tests.” The Berkeley Daily Planet, August 16-18, 2005. Schroeder, David. “Working Together”. [letter to the editor]. The Oakland Tribune, July 17, 2009. Schroeder, Janice and David. “We Love the ZAB”. [commentary]. The Berkeley Daily Planet, September 17-23, 2009. Schroeder, Janice. “Air of Victory” [letter to the editor]. The East Bay Express, September 16, 1983. Schroeder, Janice. “Do Not Pass Go” [letter to the editor]. The East Bay Express, July 8, 1983. Schroeder, Janice. “Neighbors Say Stop Stink” [letter to the editor]. Grassroots, January 12-25, 1983. Schroeder, Janice. “Oceanview Neighbors Win Big: Pacific Steel Ordered to Clean Up Their Act” [letter to the editor]. Grassroots, September 14-27, 1983. Schroeder, Janice. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, July 14-16, 2006. Schroeder, Janice. “Response to Steel Firm’s Suit” [letter to the editor]. The Berkeley Gazette, March 24, 1983. Siegal, Meryl. “Greening Berkeley.” [letter to the editor]. The Berkeley Daily Planet, May 25-28, 2007. Simonet-Reid, Sarah. “Air Quality II” [letter to the editor]. The Berkeley Daily Planet, December 2-5, 2005. Snapp, Martin. “Berkeley City Council Supports Rumsfeld Trial.” The Contra Costa Times, March 15, 2007. Snapp, Martin. “Neighborhood Intensifies Feud with Company.” The Contra Costa Times, July 22, 2006. Staley, Heather. “Casting Doubt: West Berkeley Residents Have Reasons to Be Cynical – and Worried.” Terrain, Summer 2005. Stelmach, Patrick. “Pacific Steel’s Emissions Present Very Real Problem”. The Daily Californian, May 8, 2009. Thompson, Chris. “West Berkeley Development Woes.” The East Bay Express, May 7, 1999. Toczynski, Terry. “Factory Smell Annoys W. Berkeley Residents.” The Daily Californian, February 10, 1982. Traynor, Patrick. “Spare the Air Day.” [letter to the editor]. The Berkeley Daily Planet, June 23-26, 2006. Traynor, Patrick. “Spare the Air.” [letter to the editor]. The Berkeley Daily Planet, June 27-29, 2006. Traynor, Patrick. “The Stench of Politics.” The Berkeley Daily Planet, March 24-27, 2006. Traynor, Patrick. “West Berkeley Blight”. [letter to the editor]. The Berkeley Daily Planet, January 8-15, 2009. Traynor, Patrick. “West Berkeley.” [letter to the editor]. The Berkeley Daily Planet, June 8-11, 2007. Trice, Jr., Billy. “De La Fuente”. [letter to the editor]. The Berkeley Daily Planet, July 30-August 5, 2009. Ture, Martha E. “The Environment 1984.” The East Bay Express, December 21, 1984. Ture, Martha E. “The Pollution Game” The East Bay Express, Volume 5, Number 35, June 24, 1983. Turner, Arielle. “Protestors Call For Cleaner Air Near Schools”. The Daily Californian, February 23, 2009. Vriend, Dorothy. “Group Keeps Pressure on Foundry.” The Berkeley Voice, November 11, 2005. Wafer, Jonathan. “Ten Questions for Councilmember Linda Maio.” The Berkeley Daily Planet, April 24-26, 2007. Ward, Nancy. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, August 22-24, 2006. Weltener, Grace Pegan. “Local Group Deals Clean Air Suit to Steel Maker.” The Daily Californian, July 27, 2006. Whitley, Brian. “Locals March Against Steel Foundry’s Emissions.” The Daily Californian, November 13, 2006. Wolfsy, Barry. “Wilma Chan To the Rescue”. The Berkeley Daily Planet, February 21, 2008. Wood, LA. “A Cancer Risk in West Berkeley.” [commentary]. The Berkeley Daily Planet, January 29-31, 2008. Wood, LA. “Air Quality Battle in Oceanview.” The Berkeley Voice, September 9, 1999. Wood, LA. “Berkeley’s Insidious Incinerator.” The Berkeley Daily Planet, April 19-21, 2005. Wood, LA. “Berkeley’s Odious Burnt Pot Handle Smell.” The Berkeley Daily Planet, March 28-31, 2005. Wood, LA. “Berkeley’s Skate Park: Backslide on the Chrome-6”. [commentary]. The Berkeley Daily Planet, May 1-7, 2008. Wood, LA. “Body Burden Study for Northwest Berkeley”. [commentary]. The Berkeley Daily Planet, October 29-November 4, 2009. Wood, LA. “Corrections.” [letter to the editor]. The Berkeley Daily Planet, August 31-September 3, 2007. Wood, LA. “Enterprise Over Health”. [letter to the editor]. The Berkeley Daily Planet, October 1-7, 2009. Wood, LA. “Pacific Steel Casting: At What Cost?” [commentary].The Berkeley Daily Planet, June 20-22, 2006. Wood, LA. “Pacific Steel Casting: ZAB ‘em!” [commentary].The Berkeley Daily Planet, May 9, 2006. Wood, LA. “Shut Down Incinerator.” The Berkeley Voice, June 10, 1999. Wood, LA. “West Berkeley Air Quality; Don’t Ask, Don’t Tell.” [commentary]. The Berkeley Daily Planet, August 28-30, 2007. Wood, Phil. “Pacific Steel.” [letter to the editor].The Berkeley Daily Planet, June 27-29, 2006.

9 ATTACHMENT 12 ZAB 01-14-10 Page 10of 17

Zoning Adjustments Board City of Berkeley

January 2, 2010

Dear ZAB members,

The pollution neighbors and workers breathe is legally permissible until you stop it; please help! The West Berkeley Alliance for Clean Air and Safe Jobs has updated its history of Pacific Steel Casting from 1934 to 2009, attached. Please carefully read this authoritative document. With the right information, you can see how to achieve a green solution that simultaneously protects the jobs of workers at Pacific Steel Casting Company (PSC) while it defends environmental health and justice.

Because of the cumulative and synergistic impacts of all emissions from PSC, along with other sources in West Berkeley, the Alliance advises the ZAB to consider and regulate all of PSC's emissions and use permits for each plant at PSC. The Alliance urges the ZAB to add the following conditions to PSC's use permit for 1421 Second St.(plant 3), as well as to the use permits for plant 1 and plant 2:

1. PSC must be required to work with the Bay Area Air Quality Management District (BAAQMD) and the City of Berkeley to set up continuous mobile monitoring units at PSC's fence line at each of PSC's three plants, all of which must provide timely, publicly accessible raw data.

2. PSC must begin a comprehensive toxic use reduction (TUR) approach (in which non- toxic chemicals are substituted in place of toxic ones, pollution controls are used at PSC that prevent human exposure, there is full public participation in all emissions abatement decisions, and there is complete transparency by PSC to prove the air is clean).

3. PSC must allow ZAB members, or their designees, to tour PSC unannounced anytime and bring along independent environmental scientists not selected by PSC.

For too long, the people of West Berkeley have experienced nuisance odors and health impacts downwind from PSC’s emissions. Please exercise your powers to substantively reduce this noxious pollution and ensure that Berkeley becomes a greener city. Thank you in advance for your consideration and action.

Sincerely,

Janice Schroeder Volunteer West Berkeley Alliance for Clean Air and Safe Jobs www.westberkeleyalliance.org ATTACHMENT 12 ZAB 01-14-10 Page 11of 17

January 7, 2010

Zoning Adjustments Board c/o Debbie Sanderson Planning and Development Department City of Berkeley

Re: January 14, 2010 Zoning Adjustments Board Hearing on Pacific Steel Casting

Dear Board Members:

Background

I appreciate your holding this public hearing to inform the community about what has been done and what additional actions might be taken to address the community’s concerns regarding Pacific Steel Casting. I write as an environmental expert who has worked in the environmental regulatory field for 20 years, as an individual with a Masters Degree in urban planning and familiarity with zoning and land use issues, as an affected party — having made dozens of complaints to the Bay Area Air Quality Management District (Air District), many of which have been confirmed by Air Board investigators, and as a concerned citizen who has watched West Berkeley transition to a neighborhood of young families with children. It is particularly my concern for the health of our children that I am taking the time to provide information that I hope you will find useful as you deliberate what to do about this matter.

What’s Known

Pacific Steel has been emitting increasing amounts of toxic pollutants: UC Berkeley’s Center for Occupational and Environmental Health looked at publicly available data and concluded the following:

--these substances are known to be toxic — among other things, they are carcinogens, neurotoxins, and respiratory toxicants; children are particularly vulnerable;

--even at low levels they pose a hazard to health because they persist in the environment and accumulate in our bodies;

--over a recent four year period, Pacific Steel’s manganese emissions were up over 50%, it formaldehyde and lead emissions were up almost 130%, and its benzene emissions were up 160%.

Further analysis of California Air Resources Board data showed that Pacific Steel was the only industrial source of lead, manganese, phenols, zinc, cresol and copper in West Berkeley, and was by far the ATTACHMENT 12 ZAB 01-14-10 Page 12of 17

major industrial source for benzene, formaldehyde, nickel and small particles implicated in illness and premature deaths from cardiovascular and respiratory causes. In contrast, most West Berkeley businesses reported releasing little or no toxic air pollutants. Furthermore, the unique and unmistakable odor of Pacific Steel’s emissions is due to its unique pollutant mix that no other company releases (attachment 1).

Community Air Monitoring found that two-thirds of tested locations in West Berkeley contained toxic metals exceeding health levels (attachment 2). This project was funded by an Air District grant to an environmental group, Global Community Monitor, which conducts these kinds of tests world- wide. Standard operating practices and quality control procedures were used, including: discarding samples not meeting quality control criteria, using chain of custody controls for the samples, and having an EPA-approved lab analyze them. These findings suggested that Pacific Steel’s recent efforts to control emissions were insufficient:

--nearly half of the unsafe samples were taken after a date when Pacific Steel was required by the Air Board to install additional pollution controls;

--upwind monitoring was done to eliminate the possibility that other sources were responsible for these emissions;

--and, monitoring involved taking multiple, 24-hour samples over a period of months, suggesting these samples were representative of exposure experience by residents, workers, and children in nearby schools and day care centers.

Subsequent monitoring by the Air District looked at a larger number of pollutants. While this monitoring found Berkeley air to be both cleaner and dirtier (depending on the pollutant) than other measured areas in the state, it did find that particle levels exceeded annual average state standards, a finding consistent with West Berkeley having one of California’s highest rates of hospital admissions for asthma in children. A variety of sources in West Berkeley likely account for these high particle emissions: Pacific Steel, Cemex, Berkeley Asphalt, the freeway, and the City’s own solid waste transfer station (attachment 1).

The Air District required Pacific Steel to do a risk assessment. Based on ATTACHMENT 12 ZAB 01-14-10 Page 13of 17

modeling employing both monitoring data and a variety of assumptions, this study failed to reassure concerned citizens for a number of reasons:

--health risk assessments can be useful tools in identifying problems but they are only as good as the assumptions and data used in the assessment (for example, if assumptions are made that there are no fugitive emissions and that existing pollution controls are nearly 100% effective, community exposure levels will be lower than if these assumptions were reversed);

--the Air Board used action levels that were 10 times less protective than those used in other jurisdictions, in effect allowing for a higher incidence of cancers and other illnesses;

--finally, and most telling, the Air District could not cite an example of when it used the results of a risk assessment to require an industrial source to reduce its toxic emissions.

Relying on the Air District to address this issue has been an exercise in frustration for citizens:

--the complaint process is cumbersome and antiquated, resulting in many complaints not being verified despite hundreds of complaints being made over the last several years alone;

--there is no public involvement in the permit process, denying citizens the opportunity to recommend the adoption of controls that could help remedy the problem;

--and, as discussed earlier, risk assessment regulatory tools are insufficiently protective of public health and years behind more forwarding looking pollution prevention and toxic reduction strategies adopted by other states and the European Union.

Using the City’s Zoning Powers

The City of Berkeley has an obligation to protect the health and well being of its citizens by using its zoning authority to address this matter. A variety of common-sense steps can be taken:

ATTACHMENT 12 ZAB 01-14-10 Page 14of 17

--Seasonal and nighttime weather patterns allow harmful levels of pollutants to concentrate from both industrial and individual sources (e.g., wood stoves and fireplaces). Limitations on Pacific Steel’s working hours during these times should be considered.

--Despite the installation of pollution controls, odors have continued suggesting fugitive sources are partly responsible. Eliminating fugitive sources is relatively easy: keeping doors closed during operations and prohibiting outdoor manufacturing processes, including the cooling of materials in open yards and on sidewalks.

--Reassessing the wisdom of allowing live/work, retail, schools and child care facilities to be located nearby if the city and regulatory agencies are unable to comprehensively address the adverse effects of multiple pollution sources in West Berkeley.

--Requiring daily vacuum sweeping of sidewalks and streets to prevent toxic pollutants from entering the storm drains and polluting the Bay.

--Enforcing parking regulations to ensure citizens full and safe access to city streets and sidewalks.

--Regular review of Pacific Steel’s use permit to allow for citizens to comment on whether these steps and others have been effective.

I appreciate this opportunity to comment and would be happy to be of further help with this matter.

Sincerely,

Peter F. Guerrero 1340 Curtis St. Berkeley, CA 94702

West Berkeley Pollution from Industrial Sources Facility1 Part. 10 2.5 Benzene Cu Cresol Form. Pb Mn Ni Phenol Zn Adv. Heli-Welders2 0 0 0 .3 0 0 0 0 0 0 0 0 Ag. Research Ser. 0.1 0.1 0.1 .5 0 0 5.3 0 0 0 0 0 American Soil 0 0 0 0 0 0 0 0 0 0 0 0 Asphalt Products 0.4 0.4 0.4 0 0 0 0.1 0 0 0 0 0 Bayer Corp. 0 0 0 0 0 0 0 0 0 0 0 0 Bayer Healthcare3 0.4 0.4 0.4 2.2 0 0 30.2 0 0 0.1 0 0 Berkeley Asphalt4 5.1 3 1.4 443.6 0 0 104.5 0 0 0 0 0 Berkeley Crossing One 0 0 0 0 0 0 0.1 0 0 0 0 0 Berkeley Forge & Tool 0.5 0.4 0.4 0.1 0 0 0.5 0 0 0 0 0 Berkeley Marine5 0 0 0 0 0 0 0 0 0 0 0 0 Berkeley Ready Mix 0 0 0 0 0 0 0 0 0 0 0 0 Cemex 3.2 2.7 1.7 0 0 0 0 0 0 0 0 0 City of Berkeley 5 1.5 1 0 0 0 0 0 0 0 0 0 Davlin Coatings6 0 0 0 0 0 0 0 0 0 0 0 0 EBMUD 0 0 0 0.9 0 0 5.7 0 0 0 0 0 Electro-coatings of CA 0 0 0 0 0 0 0 0 0 0 0 0 Fifth & Potter St. Assoc. 0.1 0.1 0.1 3.2 0 0 19.9 0 0 0.1 0 0

1 Source: California Air Resources Board 2005 data for industrial facilities in zip code 94710 (West Berkeley). Facility particulate emissions, including pm 10 and pm 2.5, are in tons/yr; all other toxic air emissions are in lbs/yr. 2 Adv. Heli-Welders also releases 4.4 lbs/yr of Xylenes. 3 Bayer Healthcare also releases 1,285.5 lbs/yr of Isopropyl Alcohol. 4 Berkeley Asphalt also releases 218.8 lbs/yr of Toluene, 522.6 lbs/yr. of Xylenes, 77.8 lbs/yr of Acetaldehyde, and 4.9 lbs/yr of Page ZAB ATTACHMENT Naphthalene.

5 01-14-10

Berkeley Marine also releases 2.3 lbs/yr of EGBE, 33.7 lbs/yr of Styrene, and 153 lbs/yr of Xylenes. 15of 6 Davlin Coatings also releases 1 lb/yr of Xylenes. 17 12 Facility Part. 10 2.5 Benzene Cu Cresol Form. Pb Mn Ni Phenol Zn Hawkins Hawkins Co. 0 0 0 0 0 0 0 0 0 0 0 0 Inlite Corporation7 0 0 0 0 0 0 0 0 0 0 0 0 Kavanaugh Coffee 0.1 0 0 0 0 0 0 0 0 0 0 0 Lithonia Lighting 0 0 0 0.1 0 0 0.7 0 0 0 0 0 National Starch 0.2 0.2 0.2 0 0 0 0.5 0 0 0 0 0 Pacific Steel 14.1 11.9 10 787.6 13.1 635.8 730 30.4 691.3 55.8 2,849.4 56.7 Precision Coating 1.3 1.2 1.1 0 0 0 0 0 0 0 0 0 Scharffen Berger 0.8 0.2 0 0 0 0 0 0 0 0 0 0 Seventh Street Prop. 0 0 0 0 0 0 0 0 0 0 0 0 Takara Sake 0 0 0 0.1 0 0 0.7 0 0 0 0 0 The Painters Place8 0 0 0 0 0 0 0 0 0 0 0 0 The Wooden Duck 0 0 0 0 0 0 0 0 0 0 0 0 Uncommon Grounds9 0.2 0.1 0.1 0 0 0 3.8 0 0 0 0 0 Western Forge & Flange 0.1 0.1 0 0.1 0 0 2.8 0 0 0 0 0 West. Roto Engravers10 0 0 0 0 0 0 0 0 0 0 0 0 Xoma 0 0 0 0.1 0 0 0.6 0 0 0 0 0 Percent of total 87% 86% 83% 99% 92% emissions by West Berkeley industry attributable to four major sources located within 1/4 mile of PSC Percent attributable to 45% 53% 59% 64% 100% 100% 81% 100% 100% 99% 100% 100% PSC alone

7 Inlite Corporation also releases 34.3 lbs/yr of EGBE, 24.1 lbs/yr of MEK, and 1.8 lbs/yr of Toluene. Page ZAB ATTACHMENT 8 The Painters Place also releases 18 lbs/yr of EGBE and 145 lbs/yr of Methanol.

9 01-14-10

Uncommon Grounds also releases 1.1 lbs/yr of Acetaldehyde. 16of 10 Western Roto Engravers also releases 151.2 lbs/yr of Isopropyl Alcohol. 17 12 ATTACHMENT 12 ZAB 01-14-10 Page 17of 17