GOLDEN GATE UNIVERSITY School of Law
Environmental Law and Justice Clinic

February 27, 2006

Jack Broadbent Air Pollution Control Officer Bay Area Air Quality Management District 939 Ellis Street San Francisco, California 94109

Re: Pacific Steel Casting Co. (Facility Numbers A 0703, A1603, A 0187) Public Notice and Comment & Availability of Public Records

Dear Mr. Broadbent,

The Environmental Law and Justice Clinic ("ELJC") at Golden Gate University School of Law is a public interest legal clinic that provides legal services and education on environmental justice issues to San Francisco Bay Area residents, community groups and public interest organizations. I am writing on behalf of Berkeley Citizen regarding the Pacific Steel Castings Co. ("PSC") facility in West Berkeley, operated at the three plant numbers listed above.

First, given the broad public interest in PSC, we were pleased to hear at the public meeting on February 15 that the Bay Area Air Quality Management District ("District") intends to issue public notice and provide a public comment period for any new revised Synthetic Minor Operating Permit ("SMOP") proposed for issuance to PSC.

We are aware that PSC recently submitted two applications to revise its SMOP, both of which are still pending. We understand that in October 2005, PSC applied to increase its allowable emissions of precursor organic compounds ("POCs") from 90 to 95 tons per year for facility numbers A0703 and A1603 (also known as co-plants 2 and 3). Then in December 2005, PSC applied to add facility number AO 187 (also known as plant 1) to its SMOP, in accordance with the District's proper determination that the three plants in fact operate as one "facility."

Prior to approving a modification to a SMOP, the District is required to provide for public participation, including public notice of and comment on the proposed permit. According to SIP Rule 2-6-423.3, which was adopted and approved into the Bay Area State Implementation Plan ("SIP") in 1995, see 60 Fed. Reg. 32,606 (June 23, 1995), the District is required to comply with the following procedures for SMOPs:

2-6-423.3

Public Participation: Prior to any determination by the APCO that a facility may be issued a synthetic minor operating permit, the APCO shall notify the public in accordance with the following procedures:

3.1 The notice shall provide at least 30 days for public comment.

3.2 The APCO shall publish a notice in a major newspaper in the area where the facility is located.

3.3 The notice shall state that permit conditions for the facility will be modified to provide a facility wide emission limit in accordance with Section 2-6-310 and shall include information as to how the public may obtain copies of the permit conditions associated with the limit, any information regarding the modification submitted by the owner or operator of the facility, the APCO's analysis of this information, and of the effect, if any, of the modification on air quality.

Although this rule appears to have been deleted from the District's regulations on October 20, 1999, Rule 2-6-423.3 remains an enforceable part of the EPA-approved SIP. Given the public's concern about PSC, we are therefore pleased to hear of the District's intent to provide for full public participation for any SMOP revision proposed for issuance. We expect the District would also provide public notice to interested persons on the District's notification list for PSC.

Second, we are concerned about the lack of availability of certain documents related to PSC's operations. At the community meeting on January 31, 2005 and again at the meeting on February 15, District staff assured members of the public that specific documents regarding PSC's emissions were readily available upon request. However, after submitting several requests under the California Public Records Act ("PRA") and inspecting public records related to PSC on several recent occasions, we are still unable to obtain from the District any annual emissions data or reports for plant #A1603, for instance.

On November 2, 2005, we requested to inspect various types of emissions-related data for the three PSC plants, including all reports submitted by PSC to the District since November 2000, as required by applicable permit conditions. Our review of the plant files revealed no recent annual emissions reports for plant #A1603. PSC was issued Notice of Violation ("NOV") #A47502 on September 22, 2005 for failure to submit an annual POC emissions report for plant #A1603 and for incomplete record keeping (for Source 18), both of which are required by SMOP condition #20207. According to the District's resolved NOV. PSC submitted a copy of the annual POC emissions report by October 11, 2005. However, no such reports have been provided by the District in response to our requests for annual emissions reports for the facility. In addition, in response to our most recent PRA request of January 25, 2006 for "annual update forms" containing emissions data for plant #A1603, Susan Adams informed me that the District has been unable to locate and is currently searching for any forms PSC may have submitted with its annual permit renewal. (This letter is attached for your reference.)

Given the community's strong concerns about PSC's odorous and toxic emissions for over 20 years, it is astounding that critical public records related the facility's emissions can not be located. Under the circumstances, the District's public statements that such records are readily available are especially troubling. We request that the District promptly disclose records related to PSC's emissions to any interested member of the public, including immediate disclosure of any annual POC emissions reports and annual updates when they are located by District staff. If the District is unable to locate such records for whatever reason, we suggest that the District request copies of the documents from PSC. Please let us know when these records will be available to the public.

In the meantime, if you have any questions regarding this matter, please do not hesitate to contact me at 415.442.6656. Thank you.

Sincerely,

Amy S. Cohen

cc: Susan Adams, Assistant Counsel, BAAQMD Brian Bateman, Director of Engineering, BAAQMD Peter Hess, Deputy APCO, BAAQMD