ST ATF
. \.U MISSOURI Jeremiah W. Qa y) Nixon, Governor • Sara P arker Pauley, Director 

# DEPA.RTMENT OF NATURAL RESOURCES

NOV 14 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 APC O

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 ofnew lead emission processes on certain parts ofthe 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 ofthe 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 ofplan completeness per 40 CFR Part 5 I, Appendix V. In order to comply with Attachment A ofthe "Regional Consistency for the Administrative Requirements ofState Implementation Plan Submittals and the Use of 'Letter Notices" memo dated April 6, 2011, a searchable pdfversion ofthis 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 ofthe 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. Ifyou have any questions regarding this submittal, please contact Wendy Vit, Missouri Department ofNatural 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 ofPlan Copy ofcommission signature page certifying Missouri Air Conservation Commission adoption Copy ofsigned Second Amendment to the 2007 Consent Judgment Copies ofpublic hearing newspaper notices Copy of public hearing transcript introductory statement Copy ofpublic 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 ofEnvironmental 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 ofthis 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 ofthe 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 ofthis 2007 Lead SIP revision is the 2007 Consent Judgment, an agreement between the Doe Run Company and the State ofMissouri. 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 ofconstruction ofthese control technology projects and the implementation ofthe 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 oflead 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 ofthese 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:**tt r:,** **wv,~ .dnr.mo.gov/env/apcp,stateplans.htm**  On October 15, 2008, EPA announced a strengthened Lead NAAQS. This new standard establishes a limit of0.15 J..Lg/m3 based on a three-month average. Missouri is currently developing a SIP revision to demonstrate attainment with this standard. In light ofthis 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 ofthe terms ofthis Consent Decree, Doe Run has agreed to cease smelting operations at its Herculaneum facility. This is described in Paragraph V.A.l4
. ofthe 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 ispursuing alternative technology forprocessing leadconcentrate, Doe Run has,for independent business reasons, elected topermanently cease smelting operations of the Herculaneum Lead Smelter in accordance with the schedule set forth in this Paragraph
.

2The 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 ofthis provision was to keep the footprint ofthe current lead smelting processes while increasing the public health buffer zone as the fenceline expanded. At the time ofthe writing ofthe Consent Judgment, no one envisioned the development ofthis new extremely low lead-emitting process at Herculaneum or that the existing lead smelter would close as proscribed in the Consent Decree. In light ofthe new much more protective NAAQS, the Consent Decree and the development ofthis 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 , orconstruct newpjrometallurgica/leadsmelting sintering orblast furnace emission sources in the area between the existing fence line and the new fence line. The entire text ofthe 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) ofa "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 ofany other requirements ofthe 2007 Consent Judgment or any previous SIP revisions. Attached below is the proposed 

### SecondAmendment 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 ofthe proposed agreement modification. Ifthis 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 ofJune, 2011.

# ------.4Jt~~~c...~~**· ~-------'** **Chairman ~@tJI!l/{j~**  , Vice Chairman

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

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

# (f

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

### ----**------- ----** **------ ----** **---- 'Member** 

____ _______ ___ __ __ ___ _____,Member

### IN THE t •. • •.**~ ~**  . ..... 

### , .'. 

### ·-· CIRCUIT COURT OF JEFFERSON COUNTY 1

-

### ~·- • 

### 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. ) ) ) ) ) 

### ) ) ) ) ) 

### ) ) )


### 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 ofthe Missouri Attorney General


### So ordered. Attorney for Defendant, The Doe Run Resources Corporation Attorney for Plaintiff , State ofMissouri



### 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, 

# ' ..... 

### :

.. .. ... )**:~.]**



### .. i**I~ ~!**  

### l 

### l.

v. ) ) ) ) ) ) ) ) ) ) ) ) ) 

### 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
. ofthe 

### Consent Judgment; and, WHEREAS, the parties agree to clarify 

### language in Condition 2
.B.l. ofthe 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. F ence 

### 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. IfDoe 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 ofits 

### 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 ofthis Judgment:

MISSOURI AIR CONS ATION COMMI N 

### By:.
__**~~~~~~---------­** 

### Marlc S. 

### Garnett, Chairman



## sDATE:

# --=--~-1-~.!...!..11+~-'-'-1 __ I I MISSOURI DEPARTMENT OF NATIJRAL RESOURCES



### Division ofEnvironmental Quality

6. e ·'- .. . 

### --"f.'W**·~**



### DATE: 

### Of 

# Ifq 

# II ' CHRIS KOSTER, MISSOURI A1TORNEY 

## GENERAL·

# ~~4\l~ Print 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

8IT 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, 

# anewspaper 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 

# }2t;(, 

# !£i.

- Fee: $228.50 

## 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 bill i on measured over one hour. Release of this standard started a ti me 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'lnolc gi** **ill** process. but continue to**rli&tri ~l**  the construction · of tradltior .al pyrometallurgical lead processes w ithin this area. Ooeuments for the above ltem{s) will be available tor review at the Missouri Department of Natural Re
sources , 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**~!abl e** **a~** !ft'l t 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 atte r. 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 writ i ng two weeks in advance cif the meeting to: Missouri Department of Natura'

. Resources, Air Conservation

.Commission Secretary, P.O. Box 176, Jeffer
son City, MO !)5102

. Heari ng Impaired persons may contact the program through Relay Missouri , (800) 735-2966. The comm i ssion 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 Re
sources, A i r Poll

. ution Control Pro
gram, P.O. Box 176, Jefferson City, Missour i 6S102-o176 , or telephone {573) 526-4679. The Department requests persons intending to give verbal presentations also provide a written copy of their testi mony 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, 20111 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 CONSERVATI ON COMJUSSION 9 

### PUBLIC HEARI NG 

## to TRANSCRIPT OF PROCEEDTNGS 11 

### April 28, 20 11 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: 314.644.1334TRANSCRIPT 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** shm 1 the f o llo• :Jing commissioners are 4 present . Mark Garn e ttr Gary Pendergrass, Ron Boye r , 5 Jack Baker and David Zi mmerm a n. The Air Conservat i o n 

### 6 Commission of the Stat e of Missouri has c alled this 7 public hearing, pursuant to Section 643.070, Revised 8 Statutes of Mi s souri , EPA promulgated rule 40 CFR ') 51.102, · for the purp o s e o f hearing testimony relating 

### 10 to: 2010 One-Hour Sulfur Dioxide Boundary De s ignation
. 11 f1issouri State Impl e ine ntation Plan l\1odification, r:o 12 Consent ,Tudgmenl for L ho. Do e Run Herculaneum Fa c1 1 i t y. 13 And, Missouri State Implementation Plan, Re designat i on 1 4 Demonstration and Ma i ntenance Plan for the M i ss o uri 15 Portion of the St
. Lo u i s Nonattainment Area for the 1 997 

### 16 Fine Particular Matter Nati o nal Amb ient Air Qual i t y 17 Standard. The**hea~ing** r ec ord will close at 5:00 p . m. 18**lia~,** 5th, 2 011. An y 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 th e 21 do o r. 22 Section 643. 100 o f the Missouri Stat utes provides I I 2 3 that all oral testimo n y would be given under oath. 24 ficcordingly, when you' r e cal l ed to testify, pl e ase 2 5 pr e 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: 314.644.1334TRANSCRIPT 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** 1 n Kansas 5 City on**~pril** 12th. 6 In summar:r, we discussed the new sulfur di0xide 7 standard, the f o ur Missouri monitnrs currently in 8 violation and the three corresponding areas proposed for 9 nonattainment status. We briefly discussed several 

### 1 0 rec e nt, or pendi n 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 1 5 E;(ecutive Summary a nd the TP.chnica l Support Document for 16 the 2010 one-hour Su lfur Dioxi de 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 

### M R. 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: 314.644.1334TRANSCRIPT 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.iuti on 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 1 15 of ycur briefing 8 document and includes th e 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 certa in 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~** 

### s1nteri ng and blast furnace operati o ns, 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 h e core 

### of L hls STP 24 

### revision is the 2007 

### Consent Judgment, an enforceable 25 agreement betwe en the Do e Run Company and the State of

www .midwestlitigation.com MIDWEST LITIGATION SERVICES Phone: 1.800.280.3376 Fax: 314.644.1334I

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 ofthe 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 ofthis revision is to modify this statement to allow for the construction ofa new lead technological process, but continue to restrict the construction oftraditional 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 ofNatural 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 ofNatural 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.