# Appendix E

Comments Received on the Proposed Lead Boundary Recommendation

### October 29, 2009

Testimony before the Missouri Clean Ai r 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 arou nd 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 so urce 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 contro l 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 th e voluntary buyout of residents living near the smelter, and the virtual relocation of the old town of Herculaneum. Th e 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 substa ntial amount of data th at 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 m onitoring 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 w ithin the City of Herculaneum. Some monitori ng was done years ago by the company, but the levels were too low justify continued maintenance of the si tes. 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 li e 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 designa te 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 fam ilies in jeopardy. This is wrong and would certainly damage the communities.

As a responsible County Executive, it is my dut y to protect the health and safety of my constituents from all dangers. I am committe d to holding the Doe R un Corporations feet to the fire to eliminate all lead emissions a nd I believe that there is in fact new science that will enable that to happen. As responsib le 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 pr oposed 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 outsid e of the designated non-attain ment areas and if there are occurrences, then make further adjustments.

I strongly recommend that the non-attai nment 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 BOV A, 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 LABURA Y, Fourth Ward

NORRICK, City Attorneys THOMAS TUCKER, City Treasurer

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# .. Z U1 U1 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,

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Andy Hixson City Administrator

130 Mississippi Ave. Crystal City, Missouri 63019

. (636)-937-4614 FAX (636)-931-4634 L

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

November 4, 2009

Department of Natural 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.

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Mayor- City of Festus



### 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 Natura l Resources Air Pollution Team and wish to submit my testimony regarding the extensi on 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 th at we have no need to be included. Nothing can be gained by adding sections of Pevely excep t to drop property values , cause unnecessary alarm among residents, and create a discomfort w ith our city that is not warranted.

We are working with the MoDNR in setting up fi eld monitoring stations if required, but would ask the commission to rescind their contemplat ion of including the greater area of Pevely.

If you have any questions please give me a call.

Respectfully,

John Knobloch MayorWashington 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 th e Environment (MCE), the Interdisciplinary
Environmental Clinic at Washi ngton 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 Nationa l Ambient Air Quality Standard (NAAQS) for lead. The expansion of the Herculaneum nonatta inment 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 Recommendati on and Technical Suppor t Document clearly indicate that the existing Herculaneum nonattain ment boundary, based on the 1978 lead standard,
is insufficient to define the nonattainment area fo r the 2008 lead standard. This determination is well supported by air dispersion modeling performe d by the department. The existing lead nonattainment boundary for this area is the Herc ulaneum city limits. Modeled concentration values above 0.15 μg/m 3 

### , the level of the 2008 lead st andard, extend well beyond the Herculaneum city limits and into the city limits of Crystal City, Festus, and Pevely. These areas have been appropriately incl uded in the department’s reco mmended nonattainment boundary.

### The proper designation of Missour i’s lead nonattainment boundaries is essential to improve air quality in the state and protect children a nd 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 a nd thank you for the opportun ity 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 EnvironmentFrom: "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 Missou ri Air Conservation Commission meeting, in Springfield, Mo on Oct 29th. and listened to th e 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 identif ied 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 a ttainment designation to all areas that do not meet the EPA standard for le ad 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, ther efore 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 pr udent and would unfairly impact residents. I urge you to designate areas of non attainment to ar eas 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 inst alled at any / all areas that the Missouri Air Conservation Commission feel need more inves tigation and confirmati on, and if the data id entifies areas over the limit, then and only then should the non attainment designa tion 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: 314-504-0161From: 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 boundarie s 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 Ru n’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 po tential 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