Appendix E 

Comments Received on the Proposed Lead 

Boundary Recommendation 

October 29, 2009 

Testimony before the Missouri Clean Air Commission by Jefferson County Executive 

Chuck Banks 

Ladies and Gentlemen, 

Thank you for the opportunity to speak this morning. I have come today to comment on 

the proposed non-attainment areas that are around the City of Herculaneum in the eastern 

half of Jefferson County. I fully understand the process, and the impact of the adoption of 

the new EPA standard for lead. 

There is no question that the source of any lead particulates that may be found in the City 

of Herculaneum is the Doe Run Primary Lead Smelter. The smelter has been in existence 

for over one hundred years and has been the source of lead contamination through out the 

eastern half of Jefferson County. Since the passage of the Clean Air Act in 1970, the 

operators of the smelter have been making pollution control improvements in an effort 

bring the smelter into compliance. Working with the State of Missouri, the St. Joe Lead 

Company was the first to use pollution control bonds sold by the EIERA for the purpose 

of installing bag houses to reduce the lead air emissions. The 2000 AOC and subsequent 

modifications resulted in the voluntary buyout of residents living near the smelter, and 

the virtual relocation of the old town of Herculaneum. The community was damaged, but 

the citizens were determined and new developments sprang up west of town. The air has 

been monitored for years and there is a substantial amount of data that has been collected. 

The data clearly shows that the exceedences in the lead standard occur immediately 

adjacent to the source. Lead by its nature is heavy and does not travel far from its source. 

As you move away from the smelter, the monitoring sites show a dramatic drop in the 

lead particulates. There are no monitoring sites outside of the City Limits of 

Herculaneum, nor are there any sites west of the US 61-67 within the City of 

Herculaneum. Some monitoring was done years ago by the company, but the levels were 

too low justify continued maintenance of the sites. There is no evidence that lead air 

particulates migrate west of US 61-67. To the contrary, the data shows that the air 

monitors that are within the corporate limits of Herculaneum yet most distant from the 

smelter are in compliance. The designation of areas outside the corporate limits of 

Herculaneum, and West of US 61-67, has no basis in fact and are inappropriate. 
The proposed areas of non-attainment that lie within the City limits of the Cities of 

Crystal City, Festus, and Pevely are areas currently under development for businesses and 

single family residential homes. To designate them as non-attainment areas for lead 

without the science to support it would place an unfair burden on the current home 

owners, and mislead potential home buyers into the erroneous belief that living inside a 

non-attainment area would place their families in jeopardy. This is wrong and would 

certainly damage the communities. 

As a responsible County Executive, it is my duty to protect the health and safety of my 

constituents from all dangers. I am committed to holding the Doe Run Corporations feet 

to the fire to eliminate all lead emissions and I believe that there is in fact new science 

that will enable that to happen. As responsible Commissioners it is your duty to see that 

your actions are appropriate to accomplish the goal of the Clean Air Act, and are not in 

excess of the required remedy. 

There is simply no data that suggests the proposed boundaries that include portions of the 

Cities of Crystal City, Festus and Pevely are appropriate. We must first collect the data, 

follow the science then, act accordingly. It is absolutely appropriate to establish 

monitoring sites outside of the designated non-attainment areas and if there are 

occurrences, then make further adjustments. 

I strongly recommend that the non-attainment boundaries for the Herculaneum nonattainment area be limited to the corporate city limits of Herculaneum that lie east of US 

61-67. 

Thank you for the opportunity to speak today. 
-
 Thomas V. Schilly, Mayor 

DEBBIE A.JOHNS, City Clerk/Collector CI1Y OF CRYSTAL CI1Y DELLA SELMON, First Ward KARRY FRIEDMEYER, Street Superintendent ERIC DOWNS, First Ward TIM WHALEY, Water Superintendent DAN PORTELL, Second Ward JEFF MCCREARY, Chief of Police 

TONY BOVA, Fire Chief CHARLIE DEBOOR, Second Ward 

DAVID KOZAL, Building Commissioner DEBBIE MCKENNA, Third Ward 

EDWARD PAGE, Municipal Judge JASON EISENBEIS, Third Ward 

RENE PERRY, Court Clerk DAVID PICARELLA, Fourth Ward 

THURMAN, HOWALD, WEBER, SENKEL & , TERRY LABURAY, Fourth Ward 

NORRICK, City Attorneys THOMAS TUCKER, City Treasurer ­

Andy Hixson, .......,
 City Administrator c::::> =-.,;0 1:")>­ .......,...." . November 2, 2009 	 % oS'3 ",..,; 0 

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On behalf of the Citizens of Crystal City I would like to request that Crystal City to not be placed 

in the nonattainment area for National Ambient Air Quality Standard for lead. While Crystal 

City can be negatively affected, we are powerless to change the amount of lead in the air. 

We understand that the DNR is here to protect our health first and foremost, lowering the air 

quality standard will not lower the amount of lead in the air; it will however lower property 

values. We understand that this is still in the proposal stage and that we are several steps away 

form being placed in the nonattainment area, but it would greatly benefit Crystal City to not be in 

the nonattainment area. 

Any consideration towards our proposal would be greatly appreciated. 

Sincerely, 

" i /I 


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Andy Hixson 


City Administrator 


130 Mississippi Ave. 

Crystal City, Missouri 63019 

. (636)-937-4614 

FAX (636)-931-4634 

L 
- Phone: (636) 937-4694 Fax: (636) 937-2140

November 4, 2009 

Department ofNatural Resources 

P.O. Box 176 

Jefferson City, MO 65102-0176 

Attn: Katy Holmer - Environmental Specialist 

Subject: Proposed Lead Nonattainment Recommendation - Herculaneum Site 

Dear Ms. HolmerlDNR Staff, 

We are aware that you are considering a proposed nonattainment area which by modeling done 

at DNR could include parts of north Festus. This change may include a significantly higher 

regulatory standard. 

We wish to convey that such a change including Festus city limits has negative impacts to the 

homeowners without good cause. Testing/sampling on our site would at least confirm the 

existence of, or confirm that there is no problem. 

We therefore must state for the record objection to the imposition of a nonattainment designation 

for this Festus area. 

Thank you for the opportunity to comment on this action. Feel free to contact our City 

Administrator for any questions you may have. 

,-r·· Sincerely, ,- ""­­ ~-o~ rnc) 

w 

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~~ 

Mayor- City ofFestus 

711 West Main Festus, Missouri 63028-1719 

www.cityoffestus.org 
October 30, 2009 

Air Pollution Control Program 

169A E. Elm St. 

Jefferson City, MO 65102 

Re: Doe Run Nonattainment Area Expansion 

Dear Gentlemen: 

I have reviewed the information, attended the public meetings, and have had contact with 

employees of the Missouri Department of Natural Resources Air Pollution Team and wish to 

submit my testimony regarding the extension of the Herculaneum nonattainment area. 

With the reduction of the allowable lead level for the Doe Run Lead Facility, the outline to 

expand the nonattainment area further from the city limits of Herculaneum will not accomplish 

any goal except to draw Pevely into an issue that we have no need to be included. Nothing can 

be gained by adding sections of Pevely except to drop property values, cause unnecessary alarm 

among residents, and create a discomfort with our city that is not warranted. 

We are working with the MoDNR in setting up field monitoring stations if required, but would 

ask the commission to rescind their contemplation of including the greater area of Pevely. 

If you have any questions please give me a call. 

Respectfully, 

John Knobloch 

Mayor 
Washington University in St. Louis, Campus Box 1120, 1 Brookings Drive, St. Louis, Missouri 63130-4899 

(314) 935-7238; FAX: (314) 935-5171; www.wustl.edu 

November 5, 2009 

Chief, Air Quality Planning Section 

Missouri Department of Natural Resources 

Air Pollution Control Program 

P.O. Box 176 

Jefferson City, MO 65102-0176 

Submitted via email to apcpsppn@dnr.mo.gov 

Re: Comments on Lead Designation and Boundary Recommendation 

To whom it may concern: 

On behalf of the Missouri Coalition for the Environment (MCE), the Interdisciplinary 

Environmental Clinic at Washington University in St. Louis submits the following comments on 

the September 2009 Lead Designation and Boundary Recommendation. The comments 

specifically address the proposed boundary for the lead nonattainment area in Herculaneum, MO. 

MCE supports the department’s recommendation to expand the Herculaneum nonattainment area 

in light of EPA’s 2008 revision to the National Ambient Air Quality Standard (NAAQS) for 

lead. The expansion of the Herculaneum nonattainment area is necessary to protect the 

communities surrounding the Doe Run primary lead smelter from the harmful effects of lead 

exposure. 

The Lead Designation and Boundary Recommendation and Technical Support Document clearly 

indicate that the existing Herculaneum nonattainment boundary, based on the 1978 lead standard, 

is insufficient to define the nonattainment area for the 2008 lead standard. This determination is 

well supported by air dispersion modeling performed by the department. The existing lead 

nonattainment boundary for this area is the Herculaneum city limits. Modeled concentration 

values above 0.15 μg/m3

, the level of the 2008 lead standard, extend well beyond the 

Herculaneum city limits and into the city limits of Crystal City, Festus, and Pevely. These areas 

have been appropriately included in the department’s recommended nonattainment boundary. 
The proper designation of Missouri’s lead nonattainment boundaries is essential to improve air 

quality in the state and protect children and other susceptible population from harmful air 

pollutants. This is particularly the case in the Herculaneum area, where communities have been 

and continue to be exposed to ambient air lead levels above the lead NAAQS. We appreciate the 

department’s work on this important issue and thank you for the opportunity to comment. 

Sincerely, 

Robert Kuehn, Co-Director 

Katherine Pawasarat, Engineering and Science Fellow 

Interdisciplinary Environmental Clinic 

Washington University School of Law 

One Brookings Drive – Campus Box 1120 

St. Louis, MO 63130 

314-935-5706 (phone); 314-935-5171 (fax) 

rkuehn@wulaw.wustl.edu

Attorney for the Missouri Coalition for the Environment 
From: "Cheryl Radosh" <radoshc@yahoo.com> 

Date: 11/03/2009 11:20 AM 

Subject: 2008 Lead Standard Boundary Recommendation 

11/3/09 

Subject: 2008 Lead Standard Boundary Recommendation 

Missouri Air Conservation Commissioners, 

I own the home at 105 Holdinghausen, Crystal City, Mo 63019, at which my daughter, Candace 

Collins, her husband Dan Collins and their 2 year old daughter Alyssa Collins live. Absolutely, 

my greatest concern is related to ensuring safe lead levels for my family, especially my 2 year 

old granddaughter Alyssa. I am very pleased to see the new standard for airborne lead of 0.15 

micrograms per cubic meter, but my concerns reside with the proposed boundaries identified. 

My daughter Candace and I attended the Missouri Air Conservation Commission meeting, in 

Springfield, Mo on Oct 29th. and listened to the presentation by Katy Holmer, and the public 

comments made by Jefferson County Executive, Chuck Banks. I concur with Chuck Banks 

comments. I feel by imposing the boundaries identified in the Kathy Holmer's presentation, this 

would lead to reduced property values that have already been impacted by the current recession, 

making this an increased hardship on families that are already struggling. 

The Missouri Department of Natural Resources is required to give non attainment designation to 

all areas that do not meet the EPA standard for lead levels, and it is my understanding that the 

proposed non attainment boundary, reviewed at the Missouri Air Conservation Commission 

meeting, is based on models and not based on hard monitoring data, therefore there is no solid 

proof that the lead levels are in excess of the new standards, in the entire currently proposed area. 

I strongly believe that this recommended boundary is not prudent and would unfairly impact 

residents. I urge you to designate areas of non attainment to areas based on hard data, and not 

conjecture. I do not see what would be gained by taking this proposed action. I would welcome 

monitoring stations to be installed at any / all areas that the Missouri Air Conservation 

Commission feel need more investigation and confirmation, and if the data identifies areas over 

the limit, then and only then should the non attainment designation be implemented. 

Thank you for the opportunity to express my views, 

Sincerely, 

Brad Radosh 

4930 Waringford Dr 

St. Louis, Mo. 63128 

home phone: 314-894-8245 

cell phone: 314-504-0161 
From: Theresa <theresa@freezetastic.com> 

Date: 11/03/2009 08:06 AM 

Subject: Lead NAAQS Boundary Comments 

I am very concerned that Doe Run has been contaminating the soil, air and water for 

many years. I believe their contamination is beyond the boundaries of Herculaneum. I 

believe that homes beyond the boundaries of Herculaneum should be tested 

immediately and people should be warned of the possible dangers AND their 

yards/homes should be remedied as soon as possible at Doe Run’s expense. I am 

concerned and disappointed that MDNR and the EPA have let this go and have not 

protected and/or warned people of the potential hazards and/or health risks and 

have instead, sided with corporations, with a mere fine and/or written warning. 

 

Theresa Adams 

P.O. Box 692 

Festus, MO 63028 

Phone or Fax: 636.931.0407 

theresa@freezetastic.com 

www.freezetastic.com