# TOWN OF HAYDEN

P

. O. Box B • 520 Velasco Avenue> Hayden, Arizona 85235· (520) 356-7801 • Fax (520) 356-6334

CSIMILE AND ELECTRONIC MAIL Air Docket Attention Docket ID No. EPA-HQ-OAR-2009-0443 Environmental Protection Agency Mail Code: 6l02T 1200 Pennsylvania Ave., NW Washington , D.C. 20460 Email: a-and-r-docket@epa.gov [Attn: Docket ID No. EPA-HQ-OAR-2009-0443] Fax: 202-566-9744 [Attn: Attention Docket ID No. EPA-HQ-OAR-2009-0443] Re: EPA's Lead NAAQS Nonattainment Proposal for Hayden Area, AZ Docket ID No. EPA-HQ-OAR-2009-0443 To Whom It May Concern: On July 8 , 2010 , the United States Environmental Protection Agency ("EPA " ) published in the Federal Register a notice of availability and public comment period concerning the EPA ' s responses to State and Tribal 2008 lead National Ambient Air Quality Standard ( " NAAOS") attainment status designation recommendations. In the notice , the EP A invited the public to comment on the responses. The Town of Hayden hereby provides its comments concerning the EPA's proposal to designate the Hayden area in Arizona as being in nonattainment of the NAAQS for lead. The EPA's proposal is available at: http: //www .epa . gov /leaddesignations/ 2008standards/ rec/region9R.html. For the reasons explained below , the Town of Hayden believes the Hayden area lead nonattainment proposal is unwarranted. We are in receipt of the Zephyr Environmental Corporation (Zephyr) report dated August 10, 2010 commissioned by ASARCO LLC (As arco) to review documents relevant to EPA's nonattainment designation proposal and are in the process of conducting our own review of the report. Based on the Town of Hayden's preliminary review of the Zephyr report, it is clear the ambient air quality data that are the foundation of the EPA's nonattainment designation proposal were not collected in accordance with applicable quality assurance and quality control ("OA lOC "

) requirements of regulations that implement the Clean Air Act. These rules do not allow data that have not been collected in accordance with applicable QA/QC regulations to be used to support a nonattainment designation To the extent necessary to preserve the Town of Hayden's remedies in any future proceeding regarding the nonattainment proposal, the Town of Hayden incorporates herein by reference the August 10,2010 Zephyr report (being submitted separately as part of Asarco's comments), which discusses the QA/QC concerns related to the air monitoring data, and adopts the report' s comments as the Town of Hayden's own.

# r TOWN OF HAYDEN

P.O. Box B' 520 Velasco Avenue' Hayden, Arizona 85235' (520) 356-7801· Fax (520) 356-6334

The Town of Hayden is sending this letter with the public health and public welfare of our citizens foremost in mind. We note: (a) The nonattainment proposal is based on a reported 0.17 ug/nr' " design value ," which exceeds the lead NAAQS of 0.15 ug/ rrr' by only 0.02 ug/

rrr'; (b) According to the EP A, the reported exceedance occurred only once, during the July through September 2008 three-month averaging period ; (c) According to the EP A , there have been no reported exceedances of the lead NAAQS since the July through September 2008 period; and (d) The documents from the record indicate the reported exceedance is based on data that were generated via the collection and analysis of ambient air samples in a manner that did not satisfy QA/QC regulations that, at the time , governed the collection and analysis of the samples. The above indicates the data are not a valid representation of the air quality of the Hayden area. Therefore , aside from the regulations that preclude such data from being used to support a nonattainment designation, it appears the data do not represent a ri sk to the public health. Conversely, the economic consequences of an unwarranted NAAQS nonattainment designation could potentially be significant for the Town of Hayden, in terms of cost to businesses required to comply with a nonattainment designation, employment and local and state tax receipts. Based on the foregoing , the Town of Hayden believes the only appropriate course of action with respect to the lead NAAQS attainment status of the Hayden area would be for the EP A to designate the area unclassifiable pending the collection of ambient air quality data that satisfy the applicable quality assurance requirements. Sincerely , 

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Maria Munoz ; Vice Mayor Monica Badillo , Mayor

cc (next page) cc (f ax): Jared Blumenf eld, Regional Administrator U

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. Environmental Protection Agency , Region IX 75 Hawthorne Street San Francisco, California 94105-3901 Fax: 415-947-3579