STATF. \.U MISSOURI Jeremiah W. Qay) Nixon, Governor • Sara Parker Pauley, Director 

DEPA.RTMENT OF NATURAL RESOURCES 

NOV 1 4 2011 

Mr. Karl Brooks 

Regional Administrator 

U.S. EPA, Region VII 

901 North Fifth Street 

Kansas City, KS 66101 

Dear Mr. Brooks: 

WY.w.dnr.mo.gov 

.lEC'D 

i\OV 2 1 2011 

APCO 

The Missouri Air Conservation Commission has recently revised or promulgated the following 

air quality plan contained in the Missouri State Implementation Plan (SIP). The following is 

enclosed for your review and approval into the SIP: 

Revision to the Missouri State Implementation Plan for the Herculaneum Lead Nonattainment 

Area - Modification to the 2007 Consent Judgment 

This revision to the SIP for the Herculaneum Lead Nonattainment Area is to modify the 2007 

Consent Judgment. It clarifies that a prohibition to the construction of new lead emission 

processes on certain parts of the Doe Run Company's Herculaneum property inside the property 

fenceline applies only to current lead smelting or pyrometallurgical technology sintering and 

blast furnace operations and not the new, substantially less-emitting, hydrometallurgical 

technology. This new hydrometallurgical technology was not considered during the drafting of 

that provision in the 2007 Consent Judgment. 

The commission adopted the enclosed plan actions on June 30, 2011 after considering comments 

received at public hearing. The commission has full legal authority to develop the SIP pursuant 

to Section 643.050 of the Missouri Air Conservation Law. The state followed all applicable 

administrative procedures in proposing and adopting the plan action(s). Enclosed are the 

required SIP submittal elements for detennination of plan completeness per 40 CFR Part 5 I, 

Appendix V. 

In order to comply with Attachment A of the "Regional Consistency for the Administrative 

Requirements of State Implementation Plan Submittals and the Use of 'Letter Notices" memo 

dated April 6, 2011, a searchable pdf version of this document will be emailed to the EPA 

Regional Office and will be posted on our website at http://dnr.mo.gov/env/apcp/stateplans.htm. 

0 Recycled Paper 
Mr. Karl Brooks 

Page Two 

All parties to the 2007 Consent Judgment have signed the amendment to this agreement as 

outlined in this plan action. In addition, the amendment was signed by the Jefferson County 

Circuit Court Judge on October 19,2011 and entered into the Court record on October 21, 2011. 

A copy of the signed Consent Judgment amendment is also attached. 

The Missouri Department ofNatural Resources requests that the Environmental Protection 

Agency amend the SIP to incorporate this plan. 

Thank you for your attention to this matter. If you have any questions regarding this submittal, 

please contact Wendy Vit, Missouri Department of Natural Resources' Air Pollution Control 

Program at P.O. Box 176, Jefferson City, MO 65102 or by phone at (573) 751-4817. 

Sincerely, 

AIR POLLUTION CONTROL PROGRAM 

~~:t'-lh~ Kyra L. Moore 

Director 

KLM:jwc 

Enclosures: Copy of Plan 

Copy of commission signature page certifying Missouri Air Conservation 

Commission adoption 

Copy of signed Second Amendment to the 2007 Consent Judgment 

Copies of public hearing newspaper notices 

Copy of public hearing transcript introductory statement 

Copy of public comments and responses 

c: Missouri Air Conservation Commission 
Revision to· the 

Missouri State Implementation Plan 

for the 

Herculaneum Lead Nonattainment Area 

- Modification to the 

2007 Consent Judgment 

Prepared for the 

Missouri Air Conservation Commission 

Adoption: June 30, 2011 

Missouri Department of Natural Resources 

Division of Environmental Quality 

Air Pollution Control Program 

1659 E. Elm Street 

Jefferson City, MO 65102 

(573)751-4817 

Missouri State Implementation Plan (SIP) Revision for the Herculaneum Lead 

Nonattainment Area -

2007 Consent Judgment Modification - Doe Rim Fenceline Provisions 

The purpose of this revision to the Missouri State Implementation Plan (SIP) for the 

Herculaneum Lead Nonattainment Area is to modify the 2007 Consent Judgment to clarify that a 

prohibition to the construction of new lead emission processes on certain parts ofthe Doe Run 

Company's Herculaneum property inside the property fenceline applies to current lead smelting 

or pyrometallurgical technology sintering and blast furnace operations and not the new, 

substantially less-emitting, hydrometallurgical technology that was not anticipated during the 

development of the 2007 SIP revision. 

On April27, 2007~ the Missouri Air Conservation Commission (MACC) adopted a SIP revision 

for the Herculaneum Lead Nonattainment Area to demonstrate compliance with the 1978 

National Ambient Air Quality Standard (NAAQS) for Lead. Compliance with this standard is 

based on ambient monitoring data with concentrations less than a quarterly average of 1.5 

micrograms per cubic meter (J.lg/m3

). At the core of this 2007 Lead SIP revision is the 2007 

Consent Judgment, an agreement between the Doe Run Company and the State of Missouri. 

This Consent Judgment details numerous lead emission control technology projects, work 

practices, and strategies used to demonstrate attainment ofthe 1978 Lead NAAQS. Since the 

completion of construction of these control technology projects and the implementation of the 

new control techniques by Doe Run in April 2008, air quality monitoring in Herculaneum has 

continually demonstrated compliance with the 1978 standard with more than 11 quarters of 

compliance. The U.S. Environmental Protection Agency (EPA) proposed conditional approval of 

the 2007 SIP revision on October 8, 2008. In 2009, a supplement to this revision was developed 

tQ satisfy the outstanding conditions in the 2007 SIP revision by establishing ventilation rates 

that ensure the appropriate levels of lead particle capture, control and containment in the process 

buildings. This plan supplement was adopted by the MACC on July 29,2009. On August 27, 

2010, the EPA proposed final approval ofboth of these Lead SIP revisions [75 FR 52701]. 

For more information on these and other SIP revisions, please visit the Missouri Department of 

Natural Resources Air Pollution Control Program's State Plan website: 

ttr:, wv,~ .dnr.mo.gov/env/apcp,stateplans.htm 

On October 15, 2008, EPA announced a strengthened Lead NAAQS. This new standard 

establishes a limit of 0.15 J..Lg/m3 based on a three-month average. Missouri is currently 

developing a SIP revision to demonstrate attainment with this standard. In light of this new Lead 

standard and a recently promulgated new Sulfur Dioxide (S02) NAAQS, the Doe Run Company 

entered into a Consent Decree with the State ofMissouri and the EPA in October 2010. As part 

of the terms of this Consent Decree, Doe Run has agreed to cease smelting operations at its 

Herculaneum facility. This is described in Paragraph V.A.l4. of the Consent Decree: 

Rather than comply with required SOl best available control technology ("BACT") and lead lowest 

achievable emissions reduction ("LAER ") emission limits through the installation of emission control 

technologies, and because Doe Run is pursuing alternative technology for processing lead concentrate, 

Doe Run has, for independent business reasons, elected to permanently cease smelting operations of the 

Herculaneum Lead Smelter in accordance with the schedule set forth in this Paragraph. 

2 
The sinter plant will shut down by December 31, 2013 while the blast furnace operations will 

cease by April30, 2014. Doe Run has subsequently announced that it plans to implement this 

new alternative lead ore processing technology on Doe Run property next to the current 

Herculaneum Lead Smelter and inside the Doe Run fenceline. This "new lead metal technology" 

is a proprietary hydrometallurgical, not a smelting or pyrometallurgical process. 

In the 2007 Consent Judgment, paragraph 2.B.l. allows Doe Run to extend the fenceline to 

preclude public access. The provision did not allow Doe Run to expand their lead processes into 

the area between the old and any new fenceline. The intent of this provision was to keep the 

footprint of the current lead smelting processes while increasing the public health buffer zone as 

the fenceline expanded. At the time of the writing of the Consent Judgment, no one envisioned 

the development of this new extremely low lead-emitting process at Herculaneum or that the 

existing lead smelter would close as proscribed in the Consent Decree. In light of the new much 

more protective NAAQS, the Consent Decree and the development of this new technology, it is 

appropriate to clarify this provision. In this SIP revision we are proposing to amend a sentence 

within paragraph 2.B.l. as follows: 

Doe Run shall not relocate any existing [pHJeesses] pyrometallurgicallead smelting sintering or blast 

furnace unit operations, or construct new pjrometallurgica/lead smelting sintering or blast furnace 

emission sources in the area between the existing fence line and the new fence line. 

The entire text of the 2007 Consent Judgment may be viewed at: 

i. .p:/r'~VVI\V.dr.r.nl'!.:ZOVl_~. !.lv/ap~p/d -:·c~/ m!S ~i'i !JQ!Ul.illi ;.JDi 

This minor modification will allow Doe Run to proceed with the development and construction 

(once appropriately permitted) of a "new lead metal technology," or hydrometallurgical,lead ore 

concentrate processing plant on their current fenced-in grounds within the city limits of 

Herculaneum but will not affect the enforceability of any other requirements of the 2007 Consent 

Judgment or any previous SIP revisions. 

Attached below is the proposed Second Amendment to Consent Judgment. The Missouri 

Department ofNatural Resourc·es, The Missouri Attorney General's Office, and the Doe Run 

Company all coordinated on the development of the proposed agreement modification. If this 

proposed SIP revision is adopted by the MACC, the parties have agreed to sign this amendment 

to the 2007 Consent Judgment thereby modifying it accordingly as provided for in the original 

document. 

3 
Pursuant to 643.055 RSMo, the Missouri Air Conservation Commission has 

determined that this action is needed to have a U.S. Environmental Protection 

Agency approved State Implementation Plan. 

Doe Run Herculaneum, Modification to Consent Judgement is hereby adopted by 

the Missouri Air Conservation Commission this 30th day of June, 2011. 

------.4Jt~~~c...~~ · ~-------' Chairman 

~@tJI!l/{j~ , Vice Chairman 

F----V-~--'----'[~~ r&~#~-~-' Member 

_Q...;;:--b.llc;l......::~-tC ...::... ~~___:)........,~8___.~-=-...!....- -- ' Member 

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~:J'-h&u~"""J~....,-JJ~~~L======----' Member 

-----------------------------'Member 

__________________________ ,Member 

IN THE t •. • •. 

~ ~ ...... , .'. ·-· CIRCUIT COURT OF JEFFERSON COUNTY1

- ~·- • 

STATE OF MISSOURI 

STATE OF MISSOURI ex reL 

DEPARTMENT OF NATURAL 

RESOURCES and THE MISSOURI 

AIR CONSERVATION COMMISSION, 

Plaintifft 

THE DOE RUN RESOURCES 

CORPORATION, 

Defendant. 

) 

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MEMORANDUM 

Case No. 07JECCOOSS2 

.. 

Attached hereto is the Second Amendment to Consent Judgment in the above-captioned 

case. The parties mutually agreed to this Second Amendment to Consent Judgment and hereby 

request the Court enter the Second Amendment to Consent Judgment. 

Submitted by: 

Stacy Stotts, 

Stinson Morrison Hecker 

Kara Valentine, 

Office of the Missouri Attorney General 

So ordered. 

Attorney for Defendant, 

The Doe Run Resources Corporation 

Attorney for Plaintiff, 

State of Missouri 

Date 
IN THE 

CIRCUIT COURT OF JEFFERSON COUNTY 

STATE OF MISSOURI 

STATE OF MISSOURI n: reL 

DEPARTMENT OF NATURAL 

RESOURCES and THE MISSOURI 

AIR CONSERVATION COMMISSION, 

Plaintiff, 

' 

..... : .. .. ... 

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.. 

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v. 

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Case No. 07JECC00552 

THE DOE RUN RESOURCES 

CORPORATION, 

Defendant. 

SECOND AMENDMENT TO CONSENT JVDGMENT 

WHEREAS, Plaintiff, State ofMissouri, the Missouri Department ofNatural Resources 

(hereafter MDNR), the Missouri Air Conservation Commission (hereafter Commission), 

Plaintiffs, and The Doe Run Resources Corporation (hereafter Doe Run), Defendant, state as 

follows: 

',· f1 . ; t....' .. , i 

WHEREAS, on May 21, 2007, this Court entered a Consent Judgment (hereafter 2007 

Consent Judgment) that required Doe Run to implement control strategies to attain the Clean Air 

Act National Ambient Air Quality Standard for lead in effect at that time. 

WHEREAS, on July 29, 2009, the Commission adopted an Amendment to the 2007 

Consent Judgment as specified in Paragraph 2.A.20. of the Consent Judgment; and, 

WHEREAS, the parties agree to clarify language in Condition 2.B.l. of the 2007 Consent 

Judgment. 

NOW TIIEREFORE, IT' IS ORDERED, ADJUDGED AND DECREED that Condition 

2.B.l. of May 2007 Consent Judgment be amended as follows: 

4 
1. Fence line to Preclude Public Access. A map showing the existing fence line and 

a proposed new fence line is provided in the Work Practices Manual. Doe Run shall 

maintain the existing fence around its facility so that it is sufficient to preclude general 

public access, until-such time as a new fence line outside the existing fence line is fully 

installed. If Doe Run moves the fence to the proposed fence line or another location 

outside the existing fence line, it must install and maintain the new fence so that it is 

sufficient to preclude general public access. Doe Run shall notify MDNR of its intent to 

move the fence line to the proposed fence line or another location outside the existing 

fence line at least 90 days prior to commencement of construction. Doe Run shall not 

relocate any existing pyrometallurgicallead smelting sintering or blast furnace unit 

operations, or construct new pyrometallurgicallead smelting sintering or blast furnace 

emission sources in the area between the existing fence line and the new fence line. 

'WE HEREBY CONSENT to the entry of this Judgment: 

MISSOURI AIR CONS ATION 

COMMI N 

By:. __ ~~~~~~---------­

Marlc S. Garnett, Chairman 

s 
DATE: --=--~-1-~.!...!..11+~-'-'-1 __ I I 

MISSOURI DEPARTMENT OF NATIJRAL 

RESOURCES 

Division of Environmental Quality 

6 
. e ·'- .. . --"f.'W 

·~ 

DATE: Of If q II ' CHRIS KOSTER, MISSOURI A1TORNEY 

GENERAL· 

Print 

~~4\l~ Name: ~ o..v- a.. L · \1 o!!i \-E~A....\1 ...._ -f 

T'Jtle: R?si st~ Itt-~,, Cx~<- ~ I 

7 
DATE: _s-__ 7f_tA.._L_l_\ THE DOE RUN RESOURCES 

CORPORATION 

8 
IT IS SO ORDERED. 

DATE: 

9 
' . 

I certify and attest that the above is a true copy of the original record of the Court in case 

number O? .. JE:<c.COS~ as it appears on file in my office. 

Issued I D r-d_ 1-{ 1 

Howard Wagner., Circuit Clerk 

Jefferson County Circuit Court 

By~~ Deputy Clerk 
PUBLISHE~'S· AFFIDAVIT 

STATE OF MISSOURI,) 

)ss. 

COUNTY OF COLE) 

Mike Vivion being duly sworn, according to law, says he ·is Vice President. of Central 

Missouri Newspapers, Inc., Publisher of. the News Tribune, a newspaper printed and 

published in the County of Cole, and State ·aforesaid; that said newspaper has been 

published continuously for more than three years; and that the notice hereto attached was 

published in said paper in compliance with the provisions of Section 493.050 

R.S. of Mo. For 2000 as amended for ___ 1 ___ ti_m_e __ ...... as follows: 

1st insertion,. No. ___,..--~ __ 2_9t_h __ day of ___ · ....... M_a~_ch_. _ __..._, 20 __ 1_1 __ 

2nd insertion, No.---~.;.... ____ day ·of 20 ___ _ 

3rd insertion, No. day of 20 ___ _ 

4th insertion, No. ___ _, _____ day of , 20 ___ __ 

5th insertion, No. · day of . · , 20 

Fee: $228.50 }2t;(, !£i. - Subscribed and sworn to before me this 30th 

day of ____ M_a_r_ch ____ :, 20· 11 

/JJJrJ:wu1 ~i!t[!tf,.l{ 7 ' •• , . 

~ ... ,· ' _: ' : : . . : ... : (>._: .. ~--:~ · •. : ... _-.,~ ... · .. \ 

My term as Notary Public expires-----------
Mll:"';Ol'?i AJ;..; CONSEAVATIO~ 

COMMISSION 

WILL HOLD PUBL!C J-I.,~RIJII~ · 

JEFFERSON CnY, MC - The Missouri Air Con.:ervati«:-n Commission 

will hold a pubflc hearing on the 2010 

1-Hour Sulfur Dioxide Boundary 

Designation, Maintenance Plan · for 

the Annual Fine Particulate · Matter 

(PM2.5) National Ambient Air Quality . 

Standard (NAAQS), and Doe Run 

Herculaneum Facility-Modification to 

Consent Judgement on Thursday, 

April 28, 2011. The . Public Hearing 

wHI begin at 9 am. at the Holiday Inn 

Hotel and Suites, Rainie{ Room, 2720 

North Glenstone, Springfield, Missouri. The commission will hear 

testimony related to the following 

ltem(s). 

* 201 0 1-Hour Sulfur Dioxide 

Boundary Designation Recommendation 

In June 2010, the U.S. Environmental 

Protection Agency {EPA) issued arevision to the National Ambient Air 

Quality Standard for sulfur dioxide 

(802) of 75 parts per billion 

measured over one hour. Release of 

this standard started a time clock 

with a deadline of June 2011 for the 

govemor of the State of Missouri tO 

submit a recommendaflon to EPA as· to whJCh areas of the state should be 

designated as nonattainment for the· 

new S02 standard. Portions of 

Greene, Jackson, and Jefferson 

counties are' recommended as nonattainment for this Standard • 

. * Redesignation Demonsttalion and 

Maintenance Plan for the Missouri 

Portion of the St. Louis Area for the 

1997 Annual Fine Particulate Matte( 

(PM2.5) National Ambient Air Quality 

Standard·(NAAQS) 

The Missouri counties. of Franklin, 

Jefferson, St. Chalfes, and St. Louis 

along with the City of St. Louis are 

part of a nonattainment area for the 

1997 annual PM2.5 NAAQS. 

Monitors located in this area have re- , corded three years ot complete, ' 

qu~:lity assured ambient ·air ·quality 

monitoring data for 2007-2009, 

demonstrating . attainment with the 

1997 annual PM2.5 NAAQS. Now 

that the area has attained the 

standard, a maintenance plan for the 

St Louis area Is being submitted to 

EPA 88 part of a request to redeaagna,te the affected area to attain-. i 

ment for this NAAQS. I 

* Mis&ouri State Implementation Plan 

- The Doe Run Company Herculaneum Facility -- M~lflcation to 

Consent Judgment 

As part of the C011sent Judgment 

entered Into by Missouri Department 

of Natural Rftsources and The Doe 

Run Company (Doe Run), the provision enlitled 'Fence line to Preclude 

Public Access• lnciLJdes a statemen: 

that Doe Run wili not construct any 

new lead emissl;)n soureos between 

the existing fence line and any new tsnce line. The purpose at this revision is to modify this statement to 

allow for the constructlori of a new 

teat~ t~Y.:f'lnolcgi ill process. but 

continue to rli&tri ~l the construction · 

of tradltior .al pyrometallurgical lead 

processes within this area. 

Ooeuments for the above ltem{s) will 

be available tor review at the Missouri Department of Natural Resources, Air Pollution Control Program, 1659 Elm Street, Jefferson 

City, (573) 751-4817 and In .the Public 

Notices section of the program web 

site www.dnr.mo.gov';;nv/apcp/index.html. Thls information will be 

~!able a~ !ft'lt 111 li:'yf> pnor ~o the 

'.'il:.tll;c li~ ;·~ .f.Jl~ ~ . · 

l!lilii•ii>t:s ~'':N!lU!Rtief r~ir.ng 

's~c al seiV~' or ~ommodatlor.ts to atter.d the meeting can make 

arrtu'lgsments by calling the Department directly at (573) 526-46'79, the 

Department'& toll tree number at 

(800) 334-6948, or by writing two 

weeks in advance cif the meeting to: 

Missouri Department of Natura'. Resources, Air Conservation .Commission Secretary, P.O. Box 176, Jefferson City, MO !)5102. Hearing 

Impaired persons may contact the 

program through Relay Missouri, 

(800) 735-2966. 

The commission holds public 

hearings under the provisions of 

ch&pter 643, RSMo. Citizens wishing 

to speak at the public hearing should 

notify. the secretary to the· Missouri 

Air Conservation Commission, Missouri Department of Natural Resources, Air Poll.ution Control Program, P.O. Box 176, Jefferson City, 

Missouri 6S102-o176, or telephone 

{573) 526-4679. The Department requests persons intending to give 

verbal presentations also provide a written copy of their testimony to th.e 

cdlnm~Mton secretary at the time of 

ttil' public hearing. The . Department 

also win accept written or email comments tor the record until 5 p.m. on 

May 5, 201'1; please send written 

comments to Chief, Air Quality 

Planning Section, Air -Poilutlon 

Control Program, P.O. Box 176, 

Jefferson City, MO 65102·0176. 

Email . comments regarding rule ao- tlons shall be sent to 

apcprulespn@dnr.mo.gov and email 

comments regarding plan actions 

shall be sent to 

apcpsppn@dnr.mo.gov. All written . 

and email comments and public 

hearing testimony will be equally 

considered. 

Public hearing Items may be adopted 

by 'the Missouri Air ·Conservation 

Commission as provided for under 

authority of 643.050, RSMo. For 

more information or a complete 

mGeting .agenda, Including items 

being presented tor adoption, 

contact the Missouri Department of 

Natural· Resources' Air Pollution 

Control Program at (573) 751-4817. 

N.T. March 29, 2011 
1 

2 

3 

4 

5 

G 

TRANSCRIPT OF PROCEEDINGS 4/28/2011 

Page I 

7 STATE OF UISSOURI DEPARTMENT OF NATURAl RESOURCF.!S 

8 l1ISSOURI AIR CONSERVATION COMJUSSION 

9 PUBLIC HEARING 

to 

TRANSCRIPT OF PROCEEDTNGS 

11 

April 28, 2011 

12 

Springfield, MO 

1 3 

14 

15 

REPORTED BY: 

1 6 ERIKA SCHAFFER, CCR 

MIDWEST LITIGATION SERVICES 

17 1911 SOUTH NATIONAL, SUITE 402 

SPRINGFIELD, MO 65804 

18 TEL : 417-877- 9700 

19 

20 

21 

22 

23 

24 

25 

FAX: 417-877 -970 4 

MIDWEST LITIGATION SERVICES 

www.midwestlitigation.com Phone: 1.800.280.3376 Fax: 314.644.1334 

TRANSCRIPT OF PROCEEDINGS 4/28/2011 

Page3 

1 Public Hearing start time: 9:29 a.m. 

2 MR. GARNETT: The h earing uill come to orqer . 

3 Let the reco~d shm1 the f o llo•:Jing commissioners are 

4 present . Mark Garne ttr Gary Pendergrass, Ron Boye r , 

5 Jack Baker and David Zi mmerma n. The Air Conservat i on 

6 Commission of the Stat e of Missouri has c alled this 

7 public hearing, pursuant to Section 643.070, Revised 

8 Statutes of Mis souri , EPA promulgated rule 40 CFR 

') 51.102, ·for the purpo s e o f hearing testimony relating 

10 to: 2010 One-Hour Sulfur Dioxide Boundary Des ignation . 

11 f1issouri State Imple ine ntation Plan l\1odification, r:o 

12 Consent ,Tudgmenl for L ho. Doe Run Herculaneum Fa c1 1 i t y. 

13 And, Missouri State Implementation Plan, Re designati on 

1 4 Demonstration and Ma i ntenance Plan for the Mi ssouri 

15 Portion of the St . Lo u i s Nonattainment Area for the 1 997 

16 Fine Particular Matter National Ambient Air Quali t y 

17 Standard. The hea~ing r ecord will close at 5:00 p . m. 

18 lia~, 5th, 2 011. Any one v1ho has not been scheduled to 

II 

19 appear/ but wishes to be heard, should indicate that you 1

, 

20 wish to speak on the sign in sheets a''ailabl e at the 

21 door. 

22 Section 643. 100 o f the Missouri Stat utes provides 

II 

2 3 that all oral testimony would be given under oath. 

24 ficcordingly, when you' r e call ed to testify, ple ase 

2 5 pre sent yourself to the c ourt reporter first, to b e 1.1 

..._---:::;::- -- - __ _;,:_ -_ ··-: 

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 

TRANSCRIPT OF PROCEEDINGS 4/28/2011 

Page 19 

1 elected officials, EPA, local air ag~ncies and 

2 consultants. We also made presentations at the REGFORM 

3 seminar in Columbia March 30th and at the Mid- mP.r ica 

4 Regional Councils ~ir Qualit~ forum mee~Lng 1n Kansas 

5 City on ~pril 12th. 

6 In summar:r, we discussed the new sulfur di0xide 

7 standard, the f our Missouri monitnrs currently in 

8 violation and the three corresponding areas proposed for 

9 nonattainment status. We briefly discussed several 

10 rece nt, or pendin g federal rules, offering sulfur 

11 dioxide emission reductions and the tirnelines for t he 

12 process as we move forward towards the August 2017 

13 attainment date for all areas. 

14 This slide includes VJP.bsites to access the 

15 E;(ecutive Summary a nd the TP.chnical Support Document for 

16 the 2010 one-hour Su lfur Dioxide Boundary 

17 Recorrunendation. Comments are accepted through Uay 5 th, 

18 2011. This concludes our testimony. Does the 

19 Commission have any questions or comments? 

20 MR. GARNETT: Boh, Vern, thanks. Thank you. Joe 

21 ltlitakleman. 

2 2 JOE WINKLEf.1AN I 

23 of lawful age, h~ ing been produced and sworn, testified 

24 as follows: 

25 MR. WINKLEt.1h.N: Chairman, Members of the 

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 

TRANSCRIPT OF PROCEEDINGS 4/28/2011 

Page 20 

cormnission, m~ name is ,Joe L!"lkl~~tan. I m employed as 

2 an Environmental Engine:er •.-.•ith t.he f.\i.r Pol.iution Control 

3 Frogram located at 1659 East Elm Street, Jefferson City, 

4 l1i ssour i . I 'm here today to present l:!es t imony for .:~. 

5 pn~rx:-sed revision r o the 2007 State Implementation Plc1n, 

6 or SIP, for the Herculaneum Lead Nonattainment ~rea. 

7 ThP plan revision sta1·ts on page 115 of ycur briefing 

8 document and includes the proposed Second .i-ill\endment to 

9 the 2007 consent J udgment . 

10 The purpose of this revision is to modify the 

11 2007 Consent Judgment to clarify that a prohibition to 

12 the construction of new lead emissic.Jl l processes on 

13 certain parts of the Doe Run Company's Herculaneum 

14 property, inside the property fenc2 line, applies to 

15 currenc lead smelting or pyrometallurgical technology, 

1~ s1ntering and blast furnace operations, and not the new , 

RubsLantially less-emitting, hydrometallurgical 

18 technology that was not anticipated durlng th<? 

19 development of the 2007 SIP revision. 

20 I n 2007, Missouri adopted a SIP revision for ~: e 

2 1 Herculaneum Lead Nonattainment Area to demonstrate 

22 compliance with the 1978 National Amb)ent .~r Quality 

23 Standard, or NAAQS, for lead. At t he core of Lhls STP 

24 revision is the 2007 Consent Judgment, an enforceable 

25 agreement between the Doe Run Company and the State of 

www .midwestlitigation.com 

MIDWEST LITIGATION SERVICES 

Phone: 1.800.280.3376 Fax: 314.644.1334 

I 

I 

COMMENTS AND RESPONSES 

AND· 

RECOMMENDATION FOR ADOPTION 

ON PROPOSED REVISION TO 

THE MISSOURI STATE IMPLEMENTATION PLAN 

FOR THE 

HERCULANEUM LEAD NONATTAINMENT AREA 

MODIFICATION TO THE 2007 CONSENT JUDGMENT 

On April 28, 2011 the Missouri Air Conservation Commission held a public hearing concerning 

the proposed revision to the 2007 State Implementation Plan (SIP) for the Herculaneum Lead 

Nonattainment Area in regards to the Second Amendment to the 2007 Consent Judgment. As 

part of the Consent Judgment entered into by Missouri Department ofNatural Resources and The 

Doe Run Company (Doe Run), the provision entitled "Fence line to Preclude Public Access" 

includes a statement that Doe Run will not construct any new lead emission sources between the 

existing fence line and any new fence line. The purpose of this revision is to modify this 

statement to allow for the construction of a new lead technological process, but continue to 

restrict the construction of traditional pyrometallurgical lead processes within this area. No 

written or verbal comments were received concerning this proposed revision during the public 

comment period. 

The document has not been reprinted in the briefing document as no changes were made from 

the proposal. The entire document is available for review at the Missouri Department of Natural 

Resources', Air Pollution Control Program, 1659 East Elm Street, Jefferson City, Missouri, 

65101, (573)751-4817. It is also available online at 

hri.n://dnr.mo.gov/em'i~p pis'i:a cP.lan:.-~visiJns.h!m 

The Missouri Department of Natural Resources' Air Pollution Control Program recommends the 

commission adopt the plan action as proposed. If the commission adopts this plan action, it will 

be the department's intention to submit this plan to the U.S. Environmental Protection 

Agency for inclusion in the Missouri State Implementation Plan. 

SUMMARY OF COMMENTS: No written or verbal comments were received concerning this 

proposed SIP revision.