Chronology of Pacific Steel Casting, Bay Area Air Quality Management District, and Neighbors for Clean Air History
1980 - 2005
By the Neighbors’ Historical Research Team
Pacific Steel Casting Company (PSC) 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, and partly because of BAAQMD’s impenetrable bureaucracy and nearly unusable complaints policy.
Neighbors have long known that PSC’s burning pot handle/burning brake odor is attributed to the known carcinogens Phenol and Formaldehyde, as well as various hydrocarbons, heavy metals, particulates, and other potentially dangerous substances. Although they have complained and organized to have the emissions filtered out of the air, the odors are a recurring nightmare for residents in El Cerrito, Albany, Berkeley, and Kensington for the past 25 or more years. Neighbors won some partial victories in the early 1990s forcing PSC to install some equipment to clean up the air, however the issues were not fully addressed and the odor nuisance continues.
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 complaints policy is a case in point. To make a complaint, 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 complaint is made between 9 a.m. and 5 p.m., an inspector may come to their homes/workplaces to try to confirm the smell. This can take 30 minutes to one hour or more depending on where the inspector is at the time the complaint is phoned in. The complainant must be present when the inspector arrives. They must still smell the odor when the inspector arrives and tries to sniff out the smell. If both complainant and inspector are able to smell the odor, the inspector confirms the complaint by linking the odor to its precise source in a specific process in a certain industrial plant. 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 company.
PSC’s emissions move in the ambient air. Depending upon 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 ten people call in, an inspector could be dispatched after hours, and confirmed complaints 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 susceptible 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). In the following account, culled primarily from oral histories and years worth of clippings from periodicals, we chronicle strong resistance by PSC and BAAQMD to a comprehensive, transparent and responsive air analysis and cleanup process.
Chronology: PSC, BAAQMD & NCA ~ 1980 – 2005
1934 Pacific Steel Casting Company (PSC) was founded in West Berkeley. The company makes technology for pumps and valves, oil fields, construction equipment, trucks, military, industrial, and mining applications.
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 third plant. 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 definite action took place.
1982 Due to continued citizen 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 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.
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 $40000 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.
1990 There were 630 complaints made against PSC in this year alone.
1991 There were 142 complaints against PSC.
1998 Meanwhile, PSC received two loans and bought and installed a Calcifire Thermal Sand Reclamation System to reuse the 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 given, violating the California Environmental Quality Act (CEQA).
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 citizens’ 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 the air district’s complaint list in Berkeley every year since 2000. After the past 25 years of neighbor 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.
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.
Sources
Albert, Marc. “Activist Demands Scrutiny of Foundry.” The Berkeley Voice, May 27, 1999.
Artz, Matthew. “Pacific Steel Cited for Noxious Odor After Neighbors Complain.” The Berkeley Daily Planet, April 1-4, 2005.
Artz, Matthew. “West Berkeley Meeting Addresses Pacific Steel Odor.” The Berkeley Daily Planet, April 19-21, 2005.
Buel, Stephen. “Steelcasting [sic] Firm Notified of Foul Odor.” The Berkeley Gazette, December 4, 1981.
Buel, Stephen. “Foundry Says it’s Cleaned up its Act.” The Berkeley Gazette, January, 1982.
Buel, Stephen. “Big Stink About Foundry Leads to Permit Hearing.” The Berkeley Gazette, February 11, 1982.
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.
Contini, Nora. “Workers and Neighbors.” Grassroots, February 24-March 9, 1982.
Contini, Nora. “West Berkeley Odor Hearing.” Grassroots, May, 1982.
Davis, Gerald. “Berkeley Foundry Ordered to Clean Up Act.” The Oakland Tribune, August 25, 1983.
Diringer, Elliot. “Berkeley Foundry Told to Stop Fumes.” The San Francisco Chronicle, December 31, 1984.
Ewell, Miranda. “Cry Foul.” The Montclarion, December 1, 1982.
Fu, Christine. “City Council Calls for Inquiry Into Local Steel Plant’s Emissions.” The Daily Californian, September 16, 1999.
Ginsburg, Marsha. “Residents Fume Over Foundry Odors.” The San Francisco Examiner, October 5, 1984.
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.
Holloway, Peter. “Bad Air in Berkeley?” The Berkeley Council of Neighborhood Associations, March, 1982.
Holloway, Peter J. [Letter to the editor]. The Berkeley Gazette, December, 1982.
Hughes, Charles V. [Letter to the editor]. The Berkeley Gazette, December, 1982.
Jones, Will. “Court Requested to Order Foundry to Stop Nasty Odor.” The Oakland Tribune, March 12, 1985.
MacClarin, Wanda. “Clean Air Group Objects to Odor from Foundry.” The Oakland Tribune, February 11, 1982.
Manning, Stephanie. [Letter to the editor]. The Berkeley Gazette, December, 1982.
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.
McGrath, Mike. “Foundry Still Stinks, Residents Tell Council.” The Berkeley Gazette, November 26, 1982.
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.
Nakashima, Ellen. “Factory Must Stop Odors, Board Tells Berkeley Plant.” [Unknown Publication], December 19, 1984.
O’Toole, Kathy. “Berkeley Foundry Told to Stop Odor.” The Oakland Tribune, December 19, 1984.
Ross, Andrew. “Plant Has Fresh Plan to End Its Foul Fumes.” The San Francisco Examiner, November 28, 1984.
Scherr, Judith. “Neighbors Raise Stink Over Odors.” The Berkeley Daily Planet, June 13, 1999.
Scherr, Judith. “Odor Debate Lingers.” The Berkeley Daily Planet, July 13, 1999.
Scherr Judith. “Pacific Steel Casting Remains Under Scrutiny.” The Berkeley Daily Planet, September 21, 1999.
Scherr, Judith. “Emissions Debate Nears End.” The Berkeley Daily Planet, September 23, 1999.
Scherr, Judith. “Pacific Steel Castings [title partially destroyed].” The Berkeley Daily Planet, November 3, 1999.
Scherr, Judith. “Air Quality Board Considers Pacific Steel Castings’ Case.” The Berkeley Daily Planet, January 5, 2000.
Scherr, Judith. “Foundry Continues to Concern Neighbors.” The Berkeley Daily Planet, March 17, 2000.
Scherr, Judith. “Odorous Order: Air Quality Board Places New Conditions On Foundry.” The Berkeley Daily Planet, January 10, 2000.
Schroeder, Janice. “Neighbors Say Stop Stink” [letter to the editor]. Grassroots, January 12-25, 1983.
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Schroeder, Janice. “Do Not Pass Go” [letter to the editor]. The East Bay Express, July 8, 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. “Air of Victory” [letter to the editor]. The East Bay Express, September 16, 1983.
Steel Founders’ Society of America. “Steel Foundry Detailed Information: Pacific Steel Casting Company.” 1995-2005. http//:www.sfsa.org/dir/lookup.php3?clink=269
Thompson, Chris. “West Berkeley Development Woes.” The East Bay Express, May 7, 1999.
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. “Pacific Steel Sues to Block Clean-Up Order.” The Berkeley Gazette, March 11, 1983.
[Unknown Title]. The Berkeley Voice, August 31, 1983.
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. “David vs. Goliath: Air Pollution Battle in Berkeley.” The Sierra Club Yodeler, December, 1984.
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. “Berkeley Business Briefs.” The Berkeley Voice, May 7, 1998.
Wood, LA. “Shut Down Incinerator.” The Berkeley Voice, June 10, 1999.
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Wood, LA. “Berkeley’s Insidious Incinerator.” The Berkeley Daily Planet, April 19-21, 2005.
West Berkeley Alliance for Clean Air and Safe Jobs
(Mission and Identity Statement)
The Alliance is a newly forming network of neighbors; businesses; and environmental, social justice, and children’s organizations in Berkeley, Albany, El Cerrito, and Kensington allied to preserve safe jobs here in West Berkeley and the East Bay while preventing noxious pollution.
al·ly (e-li’) n. 1. a person, group, or state that is joined in an association with another or others for mutual help and support or for the achievement of a common purpose.
Industrial Responsibility
We believe that local industries are a vital part of our regional economy and want to keep industrial production and safe jobs in our community. We expect industry to act as good neighbors and do everything in their power to ensure that production processes do not negatively impact workers or residents. The burden of this responsibility should fall on the ownership and management of industry, not on workers, residents, or our common resources like air and water.
Agency Accountability
As local residents, businesses, and organizations we believe our government agencies, established to protect the community from abuses of our common resources, should perform their duty to the highest standard. We are committed to ensuring that they adequately respond to community concerns, proactively operate to protect the health and safety of residents and workers, and ethically refuse to bow to political and economic pressure against the interests of the greater community.
Community Organizing
We believe that community members, local business and agencies must work together to ensure that our public agencies and local industries perform their mission and act as good neighbors. Open community dialogue and sharing of information and resources are critical to our success.
“Keep It in My Back Yard” (KIIMBY)
We take a “Keep It In My Back Yard” approach to keep jobs local and the environmental and social responsibility for products we use close to home. We oppose the relocation of toxic industrial processes to another region or country, where other local communities will be impacted and good jobs will be lost in our community.
Protect Jobs and Health
We believe everyone in the community has the right to good health, a clean environment, and a safe workplace. We denounce the false dichotomy promoted by industry that we can either have jobs and economic development or we can have a safe and healthy environment. We demand all of these.
Current Activities
Our primary focus at the Alliance is identifying and eliminating the toxic and nuisance fugitive fumes from Pacific Steel Casting Company’s production processes, upholding the public’s (workers’ and community’s) Right-To-Know about chemical hazards they are exposed to, and ensuring the Bay Area Air Quality Management District fulfills its commitment to achieving clean air to protect the public’s health and the environment.