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Wednesday, August 17, 2011

EPA Final Analytical Report and Data From ENCYCLE ASARCO TX area

New Addition to the TCEQ Dona Park web page
The EPA sample data including split sample data for the organics screening of Encycle has been posted to the Dona Park project Web Page which include :


El Paso TX SIP Revision to Incorporate a Revised MOA with the City of El Paso

On August 17, 2011, the commission approved proposal of the El Paso SIP Revision to incorporate a revised Memorandum of Agreement (MOA) with the City of El Paso into the El Paso SIP for particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM10) (Project No. 2011-010-SIP-NR). This SIP revision would incorporate the changes to 30 Texas Administrative Code (TAC) §111.147 proposed in a concurrent rulemaking (Rule Project No. 2010-046-111-EN) and the revised MOA between the City of El Paso and the Texas Commission on Environmental Quality (TCEQ) (Project No. 2011-026-MIS-NR) into the El Paso PM10 SIP. The 2001 MOA with the City of El Paso is being revised to reflect the alternative control measures proposed in the revisions to 30 TAC §111.147 and the respective responsibilities of the City of El Paso and the TCEQ under the SIP.

The public comment period for this proposed SIP revision, proposed rule revision, and MOA will open on September 2, 2011, and close on October 3, 2011. The public hearing on this proposal will be held in El Paso, Texas, on September 27, 2011, at 2:00 p.m., at the El Paso State Office Building, 401 E. Franklin Ave., Room 570.

For the complete SIP package, including appendices, please visit the TCEQ's El Paso: Particulate Matter, Latest Planning Activities Web page.

PCB's found at Asarco sites in Corpus Christi and El Paso TX

Aroclor 1268 (heaviest PCB, found mainly at a GA EPA superfund site) was
found at an Encycle Asarco lagoon in Corpus Christi TX.

PCB's have been found also at the Asarco El Paso TX site. Authorities
have not publicly released the name(s) of the PCB's.

Tuesday, August 16, 2011

August 16 2011 "Fifth Circuit on Tuesday affirmed a bankruptcy court ruling ... bidders for mining company Asarco LLC's major asset be reimbursed"

"5th Circ. Backs Payment Of Asarco Auction Costs

Law360, New York (August 16, 2011) -- The Fifth Circuit on Tuesday affirmed a bankruptcy court ruling that allowed bidders for mining company Asarco LLC's major asset — a $1.4 billion judgment related to a wrongful stock transfer — to be reimbursed for the legal costs required to analyze the transaction.

The appeals court said the bankruptcy court correctly authorized the reimbursement to auction bidders, finding that there was no clear error in its decision.

The judgment, Asarco's most substantial asset, was the result of an adversary proceeding over the wrongful transfer of..."

"Grupo Unit Appeals $1.4B Ruling In Asarco Case" 20090722

"Grupo Unit Appeals $1.4B Ruling In Asarco Case

Law360, New York (July 22, 2009) -- A unit of mining giant Grupo Mexico SAB is appealing a ruling that it is on the hook for $1.38 billion in cash and a stake in lucrative Peruvian copper operations to Asarco LLC, in a case alleging Grupo fraudulently shifted the shares, tipping Asarco into bankruptcy.

Grupo subsidiary Americas Mining Corp. on Monday filed notice in the U.S. District Court for the Southern District of Texas that it was appealing the case's final judgment to the U.S. Court of Appeals for the Fifth Circuit, the..."

Sunday, August 14, 2011

"Report of PCBs at ASARCO disputed" The Asarco dilemma makes the news in Encycle-Asarco Corpus Christi TX and at Asarco site in El Paso TX

In El Paso TX:
Report of PCBs at Asarco disputed
Commodity futures news: Report of PCBs at Asarco disputed, updated 2011-08-13 05:26:15. Watch for more news articles, provided throughout the day courtesy ..."

Additional Information:

  • Aroclor 1268 (heaviest of the PCB's) was also recently found at ENCYCLE-Asarco in Corpus Christi, TX.  This is not a common PCB and is a signature PCB for the Linden Chemicals and Plastics (LCP) EPA-Superfund-site in Brunswick, Georgia.  Aroclor 1268 " is a recognized developmental toxicant and exposure to it has the potential to negatively affect a developing baby." (see symptoms of Developmental toxicity -- Aroclor 1268 )
  • EPA and the Federal Dept. of Justice admitted in a 1998-confidential-for-settlement-purposes only 73 page document (uncovered/released to public domain by a schoolteacher and then covered 10/2006 by  NYTIMES) that Asarco had been running an unpermitted illegal (and secret) multi-state hazardous waste disposal operation for profit from at least 1992 through 1998 --- that the wastes first went to ENCYCLE-Asarco in Corpus Christi TX and then were shipped on to at least Asarco's smelters in El Paso TX and E. Helena, MT.  God only knows what terrible chemicals remain on those sites.  The communities have been demanding full disclosure from the EPA for years.
  • The Asarco Bankruptcy Court did not hold Asarco accountable for *any* of the illegal/secret haz-wastes disposed of between 1992 and 1998 even though the Sunland Park Grassroots Environmental Group (SPGEG) legally notified the DOJ Bankruptcy Trustee during the hearings that Asarco had handled massive amounts of these undisclosed chemicals and would have liability from such. Rep. Reyes said to the El Paso Times in 2006 that "Asarco had paid millions of dollars on the condition that the details of what it had done would never become public".