Resolution No. 2013-093RESOLUTION NO. 2013-93
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
VERNON RATIFYING THE SUBMISSION OF COMMENTS BY THE
MAYOR OF THE CITY OF VERNON TO THE SOUTH COAST AIR
QUALITY MANAGEMENT DISTRICT REGARDING THE PROPOSED
AMENDED RULE 1420.1
WHEREAS, the South Coast Air Quality Management District
(the "AQMD") proposed new, more stringent guidelines for large lead -
acid battery recycling facilities in its jurisdiction, of which "Exide
Technologies" in Vernon is one; and
WHEREAS, the proposed Amended Rule 1420.1, as stated in
AQMD's Preliminary Draft Staff Report for Proposed Amended Rule 1420.1,
"would further protect public health by addressing arsenic, benzene,
and 1,3-butadiene emissions" and "maintain existing lead requirements
to ensure National Ambient Air Quality Standards (NAAQS) for lead can
be achieved while including additional requirements for these other key
air toxics to ensure emissions from large lead -acid battery recycling
facilities are appropriately controlled"; and
WHEREAS, the City of Vernon is concerned for the health and
safety of the residents of Vernon, the more than 55,000 employees
working daily in Vernon, and residents of the nearby communities that
may be affected by the potentially harmful emissions generated by Exide
Technologies; and
WHEREAS, the City of Vernon supports efforts by the AQMD to
reduce potentially harmful emissions from lead -acid battery recycling
facilities; and
WHEREAS, on or about October 28, 2013, the Mayor of the City
of Vernon submitted a letter to the AQMD formally commenting on the
AQMD proposed amended Rule 1420.1; and
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WHEREAS, the City Council of the City of Vernon desires to
ratify and support the submission of these comments by the Mayor.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the above recitals are true and correct.
SECTION 2: The City Council of the City of Vernon finds
that this action is exempt under the California Environmental Quality
Act (CEQA), in accordance with Section 15061(b)(3), the general rule
that CEQA only applies to projects that may have_an effect on the
environment.
SECTION 3: The City Council of the City of Vernon hereby
ratifies the comments submitted to the AQMD by the Mayor of the City
of Vernon.
SECTION 4: The City Council of the City of Vernon asks AQMD
to strongly urge large lead -acid battery recycling facilities to
implement the best available technologies to reduce the amounts of
lead, arsenic, benzene and 1,3-butadiene emitted to acceptable levels.
SECTION 5: The City Council of the City of Vernon believes
the AQMD should employ the best available technologies to accurately
monitor and record emissions.
SECTION 6: The City Council of the City of Vernon believes
it is incumbent upon the AQMD to further amend Amended Rule 1420.1 to
require the immediate notification and disclosure of potentially
harmful emissions should they be detected.
SECTION 7: The City Council of the City of Vernon hereby
requests the AQMD to include public notification of incidents of any
emissions above the levels set forth in Amended Rule 1420.1 as a
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I
corporate public information requirement for all lead -acid battery
recycling facility operators within the AQMD, as a part of its rule
making authority with respect to Amended Rule 1420.1.
SECTION 8: The Interim City Clerk, or Deputy City Clerk, of
the City of Vernon shall certify to the passage, approval and adoption
of this resolution, and the Interim City Clerk, or Deputy City Clerk,
of the City of Vernon shall cause this resolution and the Interim City
Clerk's, or Deputy City Clerk's, certification to be entered in the
File of Resolutions of the Council of this City.
APPROVED AND ADOPTED this Sth day of November, 2013.
ATTEST:
Va Reed I
InterilCity Clerk / n
l ll
APPROVED AS TO FORM:
Zayna oussa, Deputy City Attorney
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W. Michael McCormick
Name:
Title: Mayor / M .., Die ^ �
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STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
I, Dana .Reed Interim City Clerk
the City of Vernon, do hereby certify that the foregoing Resolution,
being Resolution No. 2013-93, was duly passed, approved and adopted by
the City Council of the City of Vernon at a regular meeting of the City
Council duly held on Tuesday, November 5, 2013, and thereafter was duly
signed by the Mayor or Mayor Pro-Tem of the City of Vernon.
Executed this J- day of November, 2013, at Vernon, California.
(SEAL)
Dana Reed
Interim City Clerk
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CITY CLERK'S OFFICE
INTEROFFICE MEMORANDUM
DATE: November 7, 2013
TO: Leonard Grossberg, Director of Health & Environmental Control
Mark Whitworth, City Administrator n
FROM: Deborah Juarez, Records Management Assistant nY l
RE: Resolution No. 2013-93 — A Resolution of the City Council of the City of Vernon Ratifying
the Submission of Comments by the Mayor of the City of Vernon to the South Coast Air
Quality Management District Regarding the Proposed Amended Rule 1420.1
Transmitted herewith is a copy of Resolution No. 2013-93 referenced above, which was approved by City
Council on November 5, 2013.
Thank you.
Attachment
c: Resolution No. 2013-93
DATE: November 5, 2013
TO: Honorable Mayor and City Council
FROM: Leonard Grossberg, Director / Health Officer
RE: Ratification of the Mayor of the City of Vernon's Submission of
Comments to the South Coast Air Quality Management District (AQMD)
Regarding the Proposed Amended Rule 1420.1
Recommendation:
It is recommended that the City Council:
1. Find that approval of submission of comments is exempt under the California
Environmental Quality Act (CEQA) in accordance with CEQA Guidelines sections
[a] 15061(b) (3), the general rule that CEQA only applies to projects that may have
an effect on the environment.
2. Ratify the submission of a comment letter by the Mayor of Vernon, to the South
Coast Air Quality Management District (AQMD) regarding its Proposed "Amended
Rule 1420.1".
Backaround:
The South Coast Air Quality Management District (AQMD) has proposed new, more
stringent air emission standards for large lead -acid battery recycling facilities, of which
Exide Technologies in Vernon is one. As AQMD's Preliminary Draft Staff Report for
Proposed Amended Rule (PAR) 1420.1 states, "PAR 1420.1 would further protect public
health by addressing arsenic, benzene, and 1,3-butadiene emissions which are the
primary contributors to the elevated health risks. PAR 1420.1 maintains existing lead
requirements to ensure National Ambient Air Quality Standards (NAAQS) for lead can be
achieved while including additional requirements for these other key air toxics to ensure
emissions from large lead -acid battery recycling facilities are appropriately controlled."
At the request of the Mayor of the City of Vernon, Health and Environmental Control
Department staff drafted a letter on his behalf, expressing concern for the health and
safety of the residents of Vernon, the more than 55,000 employees working daily in
Vernon, and the residents of nearby communities who may be affected by potentially
harmful emissions generated by Exide Technologies (attachment).
The Mayor's October 28, 2013 comment letter supports the efforts of the AQMD in
reducing potentially harmful emissions from large lead -acid battery recycling facilities, and
asks the AQMD to strongly urge large lead -acid battery recycling facilities to implement the
best available technologies to reduce the amounts of lead, arsenic, benzene, and 1,3
butadiene emitted to acceptable levels. In addition, the letter requests that the AQMD
employ the best available technology to accurately monitor and record emissions. The
comment letter further requested that immediate notification and disclosure of potentially
harmful emissions be included as a corporate public information requirement for all lead -
acid battery recycling facility operators, in order to ensure that the City and other interested
parties receive prompt notice of any such emissions.
As such, I am recommending that the City Council ratify the October 28, 2013 comments
submitted to the AQMD by the Mayor of the City of Vernon.
Attachment
9cLG:MyDocs/Z/Health Dept/Staff Reports/Memo to Council Rule 1420.1 comments.doc
r�
4305 Santa Fe Avenue, Veeiion, California 90058
Telopho-ne (323) 583-8811
October 28, 2013
Mr, Ed Eckerle
Planning,. Rule and Area Sources
South Coast Air Quality Management District (AQMD)
21865 Copley Drive
Diamond Bar, CA 91765
Subject: Proposed Amended Rule 1420.1
Dear Mr, Eckerle.:
As mayor of the City of Vernon, I would like to formally submit comments, on. the subject
of South Coast Air Quality Management District's (AQMD) proposed amended Rule
1420,1, "Emission Standards for Lead .and Other Toxic Air Contaminants From Large
Lead -Acid Battery Recycling Facilities".
I appreciate the time your agency has taken to draft this proposed rule and for giving me
the opportunity — on behalf of the residents, and public and private sector employees of
my city — to express my concerns about the proposed amended rule.
As stated in your Preliminary Draft Staff Report for Proposed Amended Rule 1420.1
dated, September 2013, only two facilities would, currently be subject to the new rule:
Exide Technologies based in Vernon and Quemetco, Inc., based in the City of Industry.
As Mayor of the City of Vernon, I want, to ensure- that everything possible is being done
by your agency to protect the health and safety of our residents; the more than 55,000
employees, working daily in the City of Vernon'; and any nearby communities potentially
affected by harmful emissions of lead, arsenic, benzene or 1,3-butadiene. To that end, I
strongly support the improved emission reduction requirements contained in proposed
amended Rule 1,420A.
Considering the ' tens of thousands of people who have been exposed to harmful
emissions from Exide Technologies based on your agency's studies- and emissions
monitoring during this past year,] would ask that AQMD strongly urge Large Lead -Acid
Battery Recycling Facilities to implement the best available technologies to reduce the
amounts of lead, arsenic, benzene and 1,-3-butadiehe emitted to acceptable levels. This
Would ensure that these types of facilities aredoing everything possible to reduoe the
E,XcrusiveC Industh.af
October 28, 2013
Page 2
emission levels of these harmful chemicals. As illustrated in your presentation at the
.October 9, 2013 Rule 1420.1 Working Group Meeting, Quemetco Inc. has already met
the proposed point source emission limits written into the Proposed Amended Rule
1420.1 and have achieved these limits by a significant margin.
I believe we must do everything we can to protect the health and safety of our city's
residents and workers who've grown increasingly alarmed' by the potential health risks
they may face by their continued exposure to harmful emissions. Your agency has a
great opportunity to set, monitor, and enforce stringent standards for facilities of this
type to protect our community and improve the environment.
I further believe that AQMD should employ the best available technology to accurately
monitor and record emissions. Immediate public notification and disclosure of
potentially harmful emissions should be included as a corporate public information
requirement for lead acid battery recycling facility operators. A concerned public should
not have to wait for news organizations to report on incidents of potentially harmful
emissions. The companies that own and operate these recycling facilities should be
ordered to inform the public, forthwith, whenever they exceed any regulatory limits in
regard to lead, arsenic and other harmful chemical compounds.
I strongly urge you to take my comments into consideration when you prepare your final
rule.
Respectfully,
,ox-alP--�
W. Michael McCormick
Mayor
City of Vernon, 4305 Santa Fe Avenue, Vernon, California 90058 - Telephone (323) 583-8811