20060305 (a year ago)
BY: Fax (512) 239-3311 and FEDEX
RE: CONTESTED HEARING FOR ASARCO, LLC AIR QUALITY PERMIT NO. 4151 AUTHORIZING CONTINUED OPERATION OF THE
I request a Contested Case Hearing be held in
I file for Affected Party status for all people in this region who drink water originating from the old open-conduit American-canal. From mid-March through mid-October every year
Just a few hundred feet or less from this canal, the ore handling at Asarco emits ultra-fine particulates, PM 2.5’s, and coarse dusts next to our drinking supply. The prevailing winds at Asarco travel that direction (toward the canal, American Dam, and the
IBWC has thoroughly documented many Asarco problems impinging upon the canal. It is not possible for our City’s water system to test and remove many of these contaminants presently (i.e. arsenic). Potentially, these contaminants can disproportionately affect the young, the ill, the elderly, and the unborn. IBWC told TCEQ that the remediation of the Asarco-contaminants already beneath our leaking-canal will cost over 24 Million dollars. The renewal of this Asarco permit #4151 will worsen the problem by enabling dry deposition of dusts from ore handling, when we already face an expensive toxic burden.
Besides being among the City water users relying upon water originating from the old American canal, I live three miles from the Asarco smelter. When my swamp cooler runs, it can bring those same PM 2.5 particulates (which remain suspended for weeks/travel far) into my home, equalizing the dust-levels inside and out. Not even HEPA filters will remove PM 2.5’s (HEPA-filter have a 3 micron limit). I do not have the luxury of closing my windows to keep out this toxic material --- my evaporative swamp coolers are in essence open windows. And most folks in this arid region use this cooling method. All chemical exposure models which make the assumption that being indoors limits your exposure become invalid when homes use evaporative air cooling.
The renewal of Permit 4151 will violate the Treaty of
Residents in this region have been (and continue to be) denied due process of law guaranteed them by the Fifth and Fourteenth Amendments of the United States Constitution because individuals who participated in the decision-making process with respect to this permit application have potential conflicts of interest. Attached hereto and incorporated herein by reference is a copy of an internal EPA memorandum dated
ASARCO is not in compliance with federal, state and local environmental laws but no legitimate enforcement actions have been taken against the company because ASARCO has compromised employees of both the EPA and the TCEQ. We are therefore unable to comply with the requirement that we provide ASARCO’s compliance history.
NOTICE: THIS WILL DIRECT YOUR ATTENTION TO UNITED STATES V. PANARELLA, 277 F.3RD 678 AND UNITED STATES V. GRAY, NO. 95-50533,
M.S. Biological Sciences