Hayden Could Get Superfund Cleanup: Smelter Town Hears Pros, Cons of EPA Intervention
By Gabriela Rico, The Arizona Daily Star, Tucson
Aug. 28–HAYDEN — The Environmental Protection Agency is proposing designating the town of Hayden a Superfund site after tests indicated potentially toxic levels of arsenic exposure from the local copper smelter.
During a packed and emotionally charged hearing Monday night, residents expressed mistrust of both the federal government and Tucson-based copper producer Asarco LLC, which have each offered to conduct the cleanup.
“We take our environmental responsibility seriously,” said Doug McAllister, executive vice president and general counsel of Asarco. “We’re prepared to cooperate with the government.”
He called the proposed Superfund designation unnecessary and said the company can do the job “faster and cheaper.”
However, the EPA has asked Gov. Janet Napolitano to go along with the designation.
In a June letter to Napolitano, regional EPA Administrator Wayne Nastri said that since 2004, the EPA has conducted “extensive sampling” in the area, about 70 miles north of Tucson.
“The sampling has found widespread arsenic, lead and copper well above background and safe residential levels in the town of Hayden. Elevated levels of arsenic have also been found in the groundwater, which may impact drinking water supplies for Hayden and Winkelman.”
Officials with the Arizona Department of Environmental Quality attended Monday night’s hearing to collect feedback for Napolitano, who has said she will respond to the EPA’s request by Sept. 20.
A Superfund designation would mean that the EPA would oversee the cleanup and bill Asarco for the cost.
Asarco, which is seeking to emerge from bankruptcy, faces billions of dollars in environmental claims from the federal government, states and American Indian tribes as part of its bankruptcy case.
While some residents said allowing Asarco to clean up is “like the fox watching the henhouse,” others expressed concern about the stigma of being labeled a Superfund town. Residents at the hearing worried that the label could harm economic development and tourism.
Michael Montgomery, section chief of the EPA’s Region 9 Superfund division, told the more than 50 people at the hearing that the possible designation brings assurances to the community.
“The listing process, in this context, is like insurance,” he said. “How much confidence (in Asarco) is there?”
If the state rejects the Superfund listing and the cleanup is not done properly, there is no guarantee that the town could go back to the EPA and ask for assistance, he said.
Montgomery said Asarco could clean up “just enough” to disqualify Hayden as a Superfund site.
Asarco officials said they would be willing to enter a binding agreement with the state to conduct a cleanup and put provisions in place should the company be sold.
State Rep. Pete Rios, D-Hayden, warned the audience that if the town is not designated a Superfund site and Asarco doesn’t do the job, the state won’t necessarily pick up the slack.
“It’s going to be a cold day in hell before I get 88 other legislators to fund the cleanup of Hayden,” he said.
Gila County Supervisor Shirley Dawson, however, said the county needs to give serious thought to the consequences of federal control over its land.
“I’m not sure you want to give up your yard to the federal government,” she said. “The further away you get from home control, the worse. We need to use wisdom and be careful.”
Lifelong Hayden resident Betty Ambarano said her seven children have all tested positive for arsenic exposure, and it’s frustrating that talk of a cleanup is coming so late.
“This has been a dying community for decades,” she said. “It’s a very, very sad situation, and it’s a little bit too damn late.”
United Steelworkers representatives told the Hayden Town Council that they would like to see Asarco conduct the cleanup.
“Trying to make it a Superfund site will create a lot of problems,” Tony Meza said. “We’re going in a good direction. They serve this community well.”
On StarNet: Follow news about the environment and wildlife at azstarnet.com/environment
Asarco LLC, 1150 N. Seventh Ave., ranked 23rd among Southern Arizona’s largest employers this year, with 1,950 full-time-equivalent employees. It operates the Mission Mine, near Sahuarita; the Silver Bell Mine, west of Marana; and the Ray Mine, about 15 miles northwest of Hayden.
–Contact reporter and AzStarBiz.com editor Gabriela Rico at 573-4232 or grico@azstarnet.com.
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