"THE ONLY THING NECESSARY FOR THE TRIUMPH OF EVIL IS FOR GOOD MEN TO DO NOTHING"
--Burke

Saturday, June 9, 2007

Thank you for your public information act request dated May 7, 2007 for a copy of a "paper read out" of spectrometer analysis of material excavated fr

texas commission on environmental quality Protecting Texas by Reducing and Preventing Pollution RECEIVED May 22, 2007 Senator Eliot Shapleigh, District Off; Senator Eliot Shapleigh 800 Wyoming Ave. Suite A El Paso, TX 79902 Staff Assigned:.
Action:
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Re: Public Information Request received May 8, 2007 Dear Senator Shapleigh: Thank you for your public information act request dated May 7, 2007 for a copy of a "paper read out" of spectrometer analysis of material excavated from ASARCO's "100 year-old pond". On behalf of Executive Director, Glenn Shankle, I am providing the following information: Spectrometer analysis (paper read-out) has not been located/identified in TCEQ records regarding waste analysis to determine an appropriate disposal method for excavated material that may have been shipped off-site. Furthermore the agency does not require the facility or the Company receiving the waste to submit that information to the agency. This is in compliance with 30 TAG 335 Subchapter R: Persons who generate industrial solid waste or municipal hazardous waste shall comply with the provisions of this subchapter....... Persons who generate wastes in Texas shall classify their own waste according to the standards set forth in this subchapter and may do so without any prior approval or communication with the agency other than notification of waste generation activities pursuant to §335.6 of this title (relating to Notification Requirements) and submittal of required documentation pursuant to §335.513 of this title (relating to Documentation Required). A reading of Section 335.313 includes cross references to Section 335.511. Section 335.511 requires a company to maintain a list of chemical constituents found in its waste but does not require specific documentation to support its results. Information regarding waste analysis of materials that have been deposited in approved on-site waste repositories as a result of on going on site remediation activities can be found in Phase I thru Phase IV of the "remedial investigation reports" previously provided to you. Sincerely, Archie Clouse, Regional Director TCEQ, El Paso Regional Office CC: OLS, ED/GS reply To: region 6 • 401 E. franklin ave., ste. 560 • el paso, texas 79901-1212 • 915-834-4949 • fax 915-834-4940

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