TCEQ Approves Renewal Of ASARCO Air Quality Permit

By Martin Bartlett

AUSTIN– Commissioners with the Texas Commission on Environmental Quality in Austin have approved a request by ASARCO, LLC to renew their air quality permit for purposes of operation in El Paso.

Members of the TCEQ reached their decision at about2 p.m. Protestors rushed the front of the meeting room, shouting at TCEQ staff members and ASARCO attorneys, others clearly became emotional.

At least 60 students, elected officials and community members crowded into the Texas Commission on Environmental Quality’s Board Room to watch the TCEQ consider ASARCO’s air quality premit renweal request.

Dozens more crowded into at least two over-flow rooms and watched the proceedings on closed circuit television. Still others protested loudly outside the commission’s hearing room.

Much of the city’s case against ASARCO focused on whether or not the TCEQ even has the legal right to rule on the matter. Attempting to say they did not, the city’s attorney pointed to a 2005 decision by the TCEQ to allow administrative law judges to examine parts of the ASARCO case.

They also said because the smelter has been mothballed for so long that — for more than nine years — that different standards should govern the facility’s re-start. The TCEQ decided to allow public comment at today’s meeting.

Sen. Eliot Shapleigh, D-El Paso, spoke out against the permit renewal request. He was joined by officals from the states of New Mexico and Chihuahua. The CEO of the ASARCO corporation was on hand along with several other top company leaders to petition the Commission to renew its permit.

To note, the permit that was granted to ASARCO is for a five-year term instead of the ten-year permit the company sought. ASARCO was instructed that they must install four additional lead monitors as well as other monitors within the smokestack specifically.

The TCEQ also stipulated that they must certify that ASARCO is not in violation of the Texas Clean Air Act at least 90 days before the smelter becomes operational again. The company also must submit a maintenance plan to the commission no later than July 1, 2008.

That company must also report bi-monthly the progress on the steps taken to accomplish the plan beginning September 1, 2008.

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In a statement released by the city, Mayor John Cook vowed to continue fighting the restarting of the copper smelter.

“This battle is far from over. The fight to create a clean, healthy El Paso that is free of deadly pollution will continue. Today’s decision to renew Asarco’s air permit is a disappointment, but it is not a defeat,” Cook said.

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Congressmen Silvestre Reyes released a statement on the TCEQ’s decision:

“I am severely disappointed by the commissioners’ decision,” said Congressman Reyes. “Voting in Austin , they ignored the clear will of El Pasoans. The reopening of Asarco is not consistent with the economic vision for our city laid out by myself and other local leaders. I look forward to working with the community to continue our opposition to Asarco starting up its stacks again.”

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ASARCO’s El Paso Plant Manager, Bob Litle said in a statement:

“Asarco appreciates the privilege of holding a Texas air quality permit and we remain proud to be a part of Texas’ diverse economy. We want to thank the Texas Commission on Environmental Quality for their professionalism and due diligence. We’re especially grateful to all of our supporters who have worked tirelessly and remained committed though this entire process. The company is emerging from bankruptcy stronger and better than ever. Our vision is to offer economic prosperity and environmental protection.”