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After months of grappling, Pacific Steel Casting Co. (PSC) and non-profit Communities for a Better Environment (CBE) entered into a consent decree in Federal Court on Monday that would bring about specified emissions reductions, create a scrap metal inspection program, and establish a joint consultation committee to recommend and oversee ongoing pollution reduction efforts. 

CBE had first sued PSC in July 2006 alleging that the West Berkeley-based steel foundry violated the air district’s permit with respect to the amount of emissions from the steel foundry in Berkeley. 

Although CBE’s preliminary injunction was denied by a Federal Court in San Francisco, Adrienne Bloch, staff attorney for CBE, told the Planet the organization would have won the lawsuit. 

“If the judge had ruled in favor of CBE, then Pacific Steel would have paid money to the U.S. Treasury. The settlement allows PSC to put funds into its entire facility for improvement instead,” Bloch said. 

She added that the decree allowed the community to have a voice and build a dialogue between PSC laborers and area residents. 

As a result of the agreement, the Joint Consultation Committee—comprised of members from CBE, PSC and the Glass, Molders, Pottery International Union (GMP)—will meet quarterly to recommend expenditures from the reserve fund to reduce emissions. 

Elisabeth Jewel, of Aroner, Jewel & Ellis Partners, the public relations firm for Pacific Steel, told the Planet that a reserve fund of $350,000 would be created for selected projects to achieve reduction in emissions levels at the facility.  

“The prolonged litigation was not in anybody’s best interest,” said Jewel. “The fact that the court denied the preliminary injunction proves that the merits of the case were questionable to begin with. The reserve fund which resulted from the settlement would help to reduce emissions and conditions at the plant.” 

A minimum of two tons in particulate matter, hazardous air pollutants or volatile organic componds would be reduced as a result of the emissions reduction projects. 

Jewel said that this was in addition to the reduction of emissions from the carbon filter absorption system on Plant 3. 

Bloch said that CBE was especially pleased because the agreement made it mandatory for PSC to select and inspect the scrap metals it bought to be melted and formed into castings. 

The deal came as a surprise to some environmentalists and community members working on the campaign to clean up Pacific Steel. 

Andrew Galpern, a west Berkeley neighbor who complained about the emissions, called the decree terrible. 

“There is no mention of funding or plan for comprehensive community air testing in the neighborhood,” Galpern said.  

“Moreover, there is no funding or plan for a health effects survey to learn what harm has already been caused to workers and residents. The air still stinks in the neighborhood. Why should anyone celebrate an agreement that allows PSC to continue polluting the East Bay?” he asked. 

Denny Larson, director, Global Community Monitor, said that the settlement came out of the blue. 

“While it may be welcome, it is unclear how neighbors will be able to monitor whether pollution levels really decrease under the settlement. The settlement does not contain a basic demand to have more air monitoring at the source and in the impacted community," Larson said.  

Beck Cowles of the Ecology Center told the Planet that while her organization viewed the decree as progress, PSC's pollution issues went beyond what was covered in the agreement.  

“Rather than make improvements only as a result of public outcry, we'd like to see PSC take the initiative and become better neighbors by adopting toxic use reduction practices that would eliminate all toxic emissions, such as using existing pollution control devices properly and at all times and preventing fugitive emissions from escaping their plant,” Cowles said.  

“We believe they should also provide for adequate monitoring of their operations rather than place this burden on the community.” 

The agreement between PSC and CBE ends in three years or sooner when the $350,000 runs out.  

A Community Meeting on Pacific Steel Casting will be held Wednesday at the West Berkeley Senior Center, 1900 6th St., 7pm. For details, call (415) 248-5010.