UPDATE; ASARCO Correction

UPDATE: In a story earlier this week about ASARCO’s air quality permit renewal, ABC-7incorrectly reported that in October 2005 two administrative judges ruled the plant poses a risk to air quality.

In that case – ASARCO acknowledged its smelter produced emissions, but argued its El Paso plant never contributed to a condition of air pollution in the city. The judges’ actual ruling stated ASARCO never proved that argument.ABC-7 also reported the City and County governments had asked the Texas Commission on Environmental Quality to hold a hearing in El Paso instead of Austin. Only representatives from the City made the request.

EL PASO, TX – Protestors from the Association of Community Organizations for Reform Now(ACORN) marched to the State Office building Downtown to demand the Texas Commission on Environmental Quality (TCEQ) make its decision on the renewal of ASARCO’s air permit in the Sun City instead of Austin.

The TCEQ is still debating whether or not to renew a license for ASARCO’s copper smelter in El Paso. In the meantime, the City government has officially asked TCEQ to make the decision locally instead of at the state capital, where the state agency has historically made decisions to renew air quality permits during scheduled meetings.

“ASARCO, get the hell out of town,” said one of the protesters with ACORN. Representatives from ACORN tell ABC-7 they want to be present when the agency makes the decision on the renewal. “It’s costing us tens of thousands of dollars every time we have to go to Austin for TCEQ meetings…this will be the third time we go,” said Jose Manuel Escobedo, with ACORN.

City Representative Susie Byrd tells ABC-7 the purpose of the march is to get the attention of state leaders and demonstrate the passion local residents have against a renewal. “We want to do that again and again to let them know, not only the reasons we’re opposed to ASARCO,” she said, “but that there is significant opposition.” Despite the large presence of ASARCO opponents, there were some people who supported the renewal of the plant’s air permit.

“My grandfather, before he passed away, gave 45 years to ASARCO and he lived good thanks to that company,” said one of the counter-protesters. Officials with the TCEQ said it does not matter where the meeting is held because there is no time dedicated for the general public to express their opinions at the meetings. However, commissioners do decide whether to let members of the public speak at the meetings on a case-by-case basis. The TCEQ’s next meeting is scheduled to be held in Austin early next month.

At the end of this month, officials with the agency might make a decision on whether the ASARCO matter will be on the agenda for that meeting. ASARCO suspended its smelting operations in El Paso nearly 10 years ago. In August of 2005, the company filed for Chapter Eleven bankruptcy. ASARCO acknowledged its smelter produced emissions, but argued its El Paso plant never contributed to a condition of air pollution in the city. In October of 2005, a judge ruled ASARCO didn’t prove that argument.

Following the ruling, the City passed a resolution in January 2006 opposing the renewal of the air permit for the copper smelter. A month later, TCEQ postponed the decision on the renewal because it believed officials misinterpreted state law and the plant needed to present more data before issuing a decision. In May of 2007, the TCEQ Executive Director issued a report concluding certain improvements needed to be made at the plant before its air permit could be renewed. Officials with ASARCO stated the plant is in the process of meeting all of the recommended standards.