Gila Resources Information Project
Promoting healthy communities by protecting our environment
April 17, 2006
Docket ID No. EPA-HQ-OAR-2001-0017
Docket ID NO. EPA-HQ-OAR-2004-0018
U.S. Environmental Protection Agency
Mailcode 6102T
1200 Pennsylvania Avenue, NW
Washington, DC 20460
RE: Public Comments on Proposed Rule for Particulate Matter National Ambient Air
Quality Standards (Docket ID No. EPA-HQ-OAR-2001-0017) and Proposed Revisions to
Ambient Air Monitoring Regulations (Docket ID NO. EPA-HQ-OAR-2004-0018)
To Whom It May Concern:
On behalf of the Gila Resources Information Project (GRIP), I would like to submit commits on
the proposed revisions to the Particulate Matter National Ambient Air Quality Standards
(NAAQS) and proposed revisions to the ambient monitoring regulations. GRIP is a communitybased, non-profit organization located in Silver City, New Mexico that works to promote
community health by protecting the environment and natural resources in southwestern New
Mexico. Phelps Dodge Corporation operates three copper mines in our rural county (Grant Co.)
of approximately 30,000 people. Mining activities have historically contributed to air, land and
surface and groundwater contamination since the early 1900’s and continue to do so. In our
region of southwestern New Mexico, fugitive dust emissions from other sources, such as
unpaved roads, construction, and agriculture, can also cause high particulate matter
concentrations.
We are very concerned with both the proposed revisions to the PM NAAQS and the ambient
monitoring regulations as they will result in 1) a lack of health protection from particulate air
pollution for Grant County and most or perhaps all New Mexicans and 2) no particulate matter
air quality monitoring information for the people of Grant Co. and other rural communities in
New Mexico. Our specific comments follow:
Remove the explicit exemption from the standards for mining and agricultural sources
The explicit exemption of mining and agricultural activities as well as rural windblown dust
would mean no health protection from exposure to PM air pollution for citizens of our county.
These exemptions were not recommended by EPA’s Clean Air Scientific Advisory Committee,
are inconsistent with the findings of scientific studies that show causality between exposure to
coarse particles and adverse health effects and contrary to the purpose of the Clean Air Act.
As part of the Administrative Order on Consent (AOC) between the New Mexico Environment
Department and Phelps Dodge that addresses contamination caused by historical mining activity
grip@gilaresources.info
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(505) 538-8078 (voice/fax)
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www.gilaresources.info
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305A N. Cooper St., Silver City, NM 88061
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around the Chino mine, data have been collected to assess potential human health risk posed by
resuspension of soil impacted by the Hurley smelter, Chino tailing ponds and other areas of the
mine site. Wind erosion of dry tailings and waste rock and leach stockpiles have occurred since
1910 when mining began at Chino through to the present. Inactive and active tailings ponds
cover approximately 3,703 acres (Stratus Consulting, p.2-9). Hazardous substances such as
arsenic, beryllium, cadmium, chromium, copper, lead, manganese, mercury, nickel, selenium and
zinc measured in tailings impoundments can be released to the ambient air through windblown
dust off of these piles (Stratus Consulting, p. 2-12).
The ecological risk assessment conducted as part of the Chino AOC demonstrates that soils have
been exposed to hazardous substances through aerial transport from the Chino mine site:
“…surface soils (0-6 inches deep) were collected in the area of the Hurley smelter and
the tailings piles from uncovered soils and from soils underneath boulders at least 1 foot
in diameter. This sampling was designed to compare soils that had received aerial
deposition (uncovered soils) from soils that had been protected from aerial deposition
(covered soils). Results from these samples demonstrated that uncovered soils had
substantially higher concentrations of the hazardous substances cadmium, copper, lead,
and zinc, compared to covered soils that had been protected from deposition. For
example, cadmium was up to 4.8 times higher, copper was up to 17.9 times higher, lead
was up to 2.1 times higher and zinc was up to 1.5 times higher for an uncovered sample
that received deposition versus a nearby protected sample.” (Stratus Consulting, p. 3-13)
Evidence from the Chino mine shows that particulate matter emissions from mining activities
contain hazardous substances and therefore should not be exempted from the PM NAAQS.
Environmental justice issues raised by proposed revisions
Moreover, exempting mining from the PM NAAQS raises environmental justice issues in our
county. The Chino mine and its Hurley smelter are located in low-income, predominantly
Hispanic communities. In combination with the exemption of monitoring in the vicinity of large
emission sources, not only would these residents be denied health protection from PM air
pollution, but they wouldn’t have access to monitoring information to know if ambient air
quality could affect their health.
Retain the existing standard for annual average dust concentration in order to protect
against long-term exposure to high dust levels in rural areas and set the annual fine
particulate standard at 13 – 14 ug/m3 as recommended by the CASAC.
By eliminating the annual average PM10 standard, rural communities have no protection against
long-term exposure to high dust concentrations. EPA should listen to the advice of its own
CASAC and set the annual fine particle standard at 13 – 14 ug/m3 and protect the health of an
additional 23 – 43 percent more Americans relative to EPA’s proposal of 15 ug/m3 as estimated
by the Northeast States for Coordinated Air Use Management.
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Require monitoring in all areas regardless of whether the area is rural or urban, has a
small population, or in areas whose air quality is dominated by concentrations of dust from
agriculture, mining, unpaved roads or other sources of rural windblown dust
All Americans deserve to breathe clean air regardless of where they live. Rural communities
with low population density are in just as much need of health protection from particulate air
pollution as people in heavily populated urban areas. EPA’s proposed monitoring requirements
set up a “double standard”, with rural areas losing out on health protection and access to PM air
quality information. This is contrary to the intent of the Clean Air Act and should be
reconsidered.
GRIP recommends that EPA re-examine its revisions to the PM NAAQS and monitoring
requirements to ensure that all Americans receive equal health protection under the Clean Air
Act. Thank you for your consideration of our comments.
Sincerely,
Allyson Siwik
Executive Director
References:
Stratus Consulting. “Preassessment Screen for the Chino, Tyrone and Morenci Mine Sites, Grant
County, New Mexico and Morenci, Arizona.” Prepared for the U.S. Fish and Wildlife Service.
June 18, 2003.
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