Scroll to end: click web view. Heather Mcmurray 's research uncovering poisoning of 1000 square miles around El Paso by Asarco smelter through what the EPA & US DOJ said was illegal burning of illegal hazardous/radioactive wastes 1991 to 1998. We have never been told what actinides, forever chemicals, dioxins etc are present from illegal Asarco actions(see 73 page 1998 conf. for settlement purposes only DOJ EPA Asarco doc,10/06 nytimes) see "Asarco secret document"
Friday, July 20, 2007
FL: residential limit for arsenic in soil or fill is 2.1 milligrams per kilogram
"...But the lake's shrinkage has also left a monumental cleanup headache: a bathtub ring of toxic sludge from dumped wastewater and the objects hurled in by hurricanes and litterbugs. The slimy gray lining, if not a silver one, is that the drought has given water managers an opportunity to scoop out the muck and refresh the shoreline habitat for Okeechobee's flora and fauna. In little more than two months, contractors with the South Florida Water Management District have hauled away 2 million cubic yards of sludge — enough to fill nine football stadiums from the field to the nosebleed seats, said Tom Debold, water district supervisor on the muck-removal project. After the muck was scraped and temporarily stored in 20-foot-high mounds set back from the shore, scientists discovered that much of it contains excessive levels of arsenic from pesticides and fertilizers used until the 1960s. Water district and Army Corps of Engineers officials who maintain much of the lake's surrounding levee and its intricate network of canals, sluices and pumps had hoped to sell the excavated sludge to builders for landfill. But after analysis, they concluded that "it can't be used near any kind of housing facility," said Susan Gray, a biologist and deputy director of watershed management for the district. The residential limit for arsenic in soil or fill is 2.1 milligrams per kilogram; the Okeechobee muck had as much as 9 milligrams per kilogram, Gray said. The concentration of arsenic, which cannot be treated or neutralized, is intensifying as water evaporates from the sludge and the desiccated piles compress. Removal of the muck has allowed fresh shoots of bulrush and tape grass to sprout and will improve the habitat for the bass and crappie that draw thousands of anglers to the lake each year.... --http://www.latimes.com/news/nationworld/nation/la-na-lake19jul19,1,1305309.story?coll=la-headlines-nation from: Okeechobee's treasures and toxic muck Archeologists gather clues to South Florida history as water managers work to clean up the sludge left by drought. By Carol J. Williams, Times Staff Writer July 19, 2007
12.5 million instead of 200 million... @ 5% of estimated liability
"...Experts for Asarco estimated the company's liabilities would have been $14 million, far less than the U.S. estimate of more than $200 million. Under the settlement, the company will pay $12.5 million to Colorado and the United States. Shelby Jordan, a lawyer for Asarco with Jordan, Hyden, Womble, Culbreth & Holzer in Corpus Christi, didn't return a call for comment. U.S. Bankruptcy Judge Richard S. Schmidt in Corpus Christi is scheduled to hear Asarco's motion to approve the settlement next Friday...."
http://www.azstarnet.com/business/192586
http://www.azstarnet.com/business/192586
Wednesday, July 18, 2007
Reply from Carlos Rubinstein : Complaint remains unanswered and dismissed
To: Carlos Rubinstein
fr: Heather McMurray
sb: Requests not considered as a complaint
I am amazed, Mr. Rubinstein, that my complaint asking the TCEQ to sample and identify chemical compounds left here from the illegal sham-recycling by Asarco is not regarded as a complaint. After all, those chemicals were deposited here from nearly a decade of sham-recycling and the environmental regulatory agencies have not looked for these. I want the toxic waste that was deposited here by the illegal actions investigated. The chemical analyses I asked for would let us know what was smelted here - why would that a huge problem for our environmental regulatory officials? If you cannot accept requests for testing under "complaints" then why did you ignore the complaint's text stating that illegal sham-recycling was done here and there is unknown contamination that needs addressed? I am reporting contamination to TCEQ through the complaint option, because that contamination has not been measured/addressed in our community.
1) The consent decree required that the company run spectrometer analyses asap, because historically they hadn't.
2) TCEQ is allowed to request these; you claim that there aren't any.
3) You are telling me that TCEQ refuses to run scientific tests (spectrometer, for example) that would reveal what contamination is there ["These requests are not considered as a complaint according to TCEQ. >"] Instead, all the remediation analyses you refer to looked for metals that Asarco would have been able to smelt/sell.
4) The 100 year old central Pond at Asarco is historically known, and even featured on postcards. You are not familiar with this pond? It handled all the circulating wastewater recovered as part of their storm and waste-water handling and routed it to the brine concentrator that was rated to removed radioactive waste.
4) "released some stormwater..." It was not "some" It was over 200,000 gallons, it spilled into our drinking water and the incident was never sent to EPA to enter in their spill database so that NOAA could respond with an ORR which they are legally allowed to do since that spill also entered the Rio Grande.
5) As you pointed out, all the TCEQ records for Asarco are on file with the Regional Office and they tell us that they do not have Asarco El Paso's EMS (environmental management report). Why is that missing?
6) "US Ecology is required to know what type of waste they receive for disposal. The agency is not required to receive analytical data of ASARCO’s waste. " TCEQ is allowed by law to request the analysis on file with TX US Ecology. The manifests TCEQ sent me were general and did not characterize the hazardous wastes -- in order to determine that the shipment was not radioactive (whereupon TX US Ecology should ship it to its other facility in WA state) that test had to be run. It is missing.
7) "The TCEQ has previously responded to your Public Information Act requests on the same subject." TCEQ continues to evade and not answer the question: What is here in El Paso from the burning of toxic-waste for profit by Asarco. Since we know that toxic waste was illegally and deliberately burned here for profit and the TCEQ continues to evade PIA's, I am assuming that the TCEQ is not giving me all the information available under the PIA, and I wish to direct the OAG's office to this continuing dilemma.
8) I believe that I have a letter from the Regional Director telling me that they do not cap; yet you use that term to describe remediation for one of the ponds.
9) Mr. Rubinstein, I am concerned that you do not treat my request for a scraping of the main stack seriously. You wrote that this, "would not be representative of overall emissions from the site". I am not talking about overall emissions. I am asking that the TCEQ use all options, including that one, to determine what toxic wastes we have been contaminated with. Since TCEQ does not possess any stack samples at all from Asarco El Paso, this omission is glaring.
-------- Original Message --------
Subject: [Fwd: Re: Please explain no answer to either TCEQ filing: TCEQ failing to enforce identification and
Date: Wed, 18 Jul 2007 19:55:03 -0500
From: Carlos Rubinstein <CRubinst[at]tceq.state.tx.us>
July 18, 2007
VIA EMAIL[...] & CERTIFIED U.S. MAIL
Re: ASARCO-El Paso facility
Dear Ms. McMurray:
This letter is in response to your June 23, 2007 email to the Texas Commission on Environmental Quality’s (TCEQ) internet site that receives complaints from citizens across the state. Your email states that you were filing a formal complaint asking the agency to conduct very specific technical analyses at ASARCO.
First, you asked the TCEQ to run a full spectrometer analysis of the material dredged from the bottom of the 100 year old ASARCO pond and that was sent to TX US Ecology near Robstown for storage, with the purpose of identifying the chemical compounds left from the illegal sham recycling by ASARCO. Second, you asked TCEQ to conduct a full spectrometer analysis of the present bottom of the 100 year old pond and where the most runoff would have contacted soil during the September 4, 2006 collapse of the ASARCO rubber lake. Third, you asked staff to run an analysis from a scraping of the ASARCO primary smoke stack and from the ionics brine concentrator’s concentrate chambers. Finally, you stated that the analysis should include ash incineration technique to check for alpha and beta particles. These requests are not considered as a complaint according to TCEQ.
Nevertheless, your requests indicate that there is confusion as to the identification of various ponds, the removal and disposal of solid waste, and sampling requirements, analyses, and results at the ASARCO El Paso Smelter. Thus, we are providing additional information in an attempt to clarify the issues.
There are several ponds at ASARCO. Staff confirms that ASARCO has three ponds that the company has investigated (Pond 1, Pond 5, and Pond 6) at the El Paso smelter. The water in Pond 6 has been used primarily for general supply, stormwater collection, anode cooling and fire water supply. Pond 5 was used for boiler feed backup and some stormwater collection. Pond 1’s primary function is for stormwater collection.
ASARCO has investigated these three ponds and has performed remedial actions in relation to these ponds. The TCEQ Remediation Division staff has reviewed the characterization of ASARCO’s site and is currently monitoring ASARCO’s remediation activities. ASARCO’s analyses of sediments from these ponds can be found in ASARCO El Paso Copper Smelter Remedial Investigation Report Phases I (October 1998 Vol 1), Phase II (July 2000 Vol 1), and Phase III (November 2001 Vol 1). These reports will also contain plats which will have the location of these ponds so you can correctly identify the pond of concern. The sediments from these ponds are dried on-site and disposed of in an engineered repository (i.e. landfill). The repository is lined and will have a cap and subsequent groundwater monitoring when completed. This documentation is available for public viewing at our El Paso Regional Office.
In addition, ASARCO has a large stormwater collection pond called the “rubber lake” a term that you use in your email. Since El Paso receives an average of 8 inches of rain a year, the rubber lake is dry most of the time. During the El Paso flood event of 2006, the rubber lake overtopped and released some stormwater. However, the liner for the rubber lake remained intact. The TCEQ El Paso Regional staff has oversight of the rubber lake and not agency Remediation staff. To date, the TCEQ staff have not received any sediment sample results from ASARCO of the rubber lake.
Next, you asked about waste sent to US Ecology from ASARCO. As you may recall, the TCEQ previously provided documents to you relating to a number of shipments that ASARCO sent to US Ecology, with accompanying waste manifests. These documents show that hazardous waste was sent off-site for permanent disposal. No analysis of this waste is provided to the TCEQ. This waste is from ASARCO’s process and includes the following: 1) wash down water, 2) cleanup activities, 3) sludges, and 4) brine waste from the wastewater treatment plant. ASARCO is responsible for characterizing their waste which is shipped offsite. US Ecology is required to know what type of waste they receive for disposal. The agency is not required to receive analytical data of ASARCO’s waste.
The waste analysis records do not contain spectrometer analysis per se because 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 TAC Chapter 335 Subchapter R:
Persons who generate industrial solid waste or municipal hazardous waste shall comply with the provisions of this subchapter. . . . Persons who generate waste 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 ongoing on site remediation activities can be found in Phase I through Phase IV of the “remedial investigation reports” available for review at the El Paso Regional Office. Spectrometer analysis (paper read-out) has not been located/identified in the TCEQ records regarding waste analysis to determine an appropriate disposal method for excavated material that may have been shipped off-site.
Regarding your request for analysis of scrapings of the ASARCO primary smoke stack and from the ionics brine concentrator’s concentrate chambers; this type of analysis is also not required in as much as the findings and results would not be representative of overall emissions from the site.
The TCEQ has previously responded to your Public Information Act requests on the same subject. Legal staff copied several boxes of files and sent them to the El Paso Office for your review. Please contact Ms. Sally Williams in our El Paso Regional Office at (915) 834-4949 when you are ready to review the information.
Sincerely,
Carlos Rubinstein, Area Director
Field Operations Division
Texas Commission on Environmental Quality
fr: Heather McMurray
sb: Requests not considered as a complaint
I am amazed, Mr. Rubinstein, that my complaint asking the TCEQ to sample and identify chemical compounds left here from the illegal sham-recycling by Asarco is not regarded as a complaint. After all, those chemicals were deposited here from nearly a decade of sham-recycling and the environmental regulatory agencies have not looked for these. I want the toxic waste that was deposited here by the illegal actions investigated. The chemical analyses I asked for would let us know what was smelted here - why would that a huge problem for our environmental regulatory officials? If you cannot accept requests for testing under "complaints" then why did you ignore the complaint's text stating that illegal sham-recycling was done here and there is unknown contamination that needs addressed? I am reporting contamination to TCEQ through the complaint option, because that contamination has not been measured/addressed in our community.
1) The consent decree required that the company run spectrometer analyses asap, because historically they hadn't.
2) TCEQ is allowed to request these; you claim that there aren't any.
3) You are telling me that TCEQ refuses to run scientific tests (spectrometer, for example) that would reveal what contamination is there ["These requests are not considered as a complaint according to TCEQ. >"] Instead, all the remediation analyses you refer to looked for metals that Asarco would have been able to smelt/sell.
4) The 100 year old central Pond at Asarco is historically known, and even featured on postcards. You are not familiar with this pond? It handled all the circulating wastewater recovered as part of their storm and waste-water handling and routed it to the brine concentrator that was rated to removed radioactive waste.
4) "released some stormwater..." It was not "some" It was over 200,000 gallons, it spilled into our drinking water and the incident was never sent to EPA to enter in their spill database so that NOAA could respond with an ORR which they are legally allowed to do since that spill also entered the Rio Grande.
5) As you pointed out, all the TCEQ records for Asarco are on file with the Regional Office and they tell us that they do not have Asarco El Paso's EMS (environmental management report). Why is that missing?
6) "US Ecology is required to know what type of waste they receive for disposal. The agency is not required to receive analytical data of ASARCO’s waste. " TCEQ is allowed by law to request the analysis on file with TX US Ecology. The manifests TCEQ sent me were general and did not characterize the hazardous wastes -- in order to determine that the shipment was not radioactive (whereupon TX US Ecology should ship it to its other facility in WA state) that test had to be run. It is missing.
7) "The TCEQ has previously responded to your Public Information Act requests on the same subject." TCEQ continues to evade and not answer the question: What is here in El Paso from the burning of toxic-waste for profit by Asarco. Since we know that toxic waste was illegally and deliberately burned here for profit and the TCEQ continues to evade PIA's, I am assuming that the TCEQ is not giving me all the information available under the PIA, and I wish to direct the OAG's office to this continuing dilemma.
8) I believe that I have a letter from the Regional Director telling me that they do not cap; yet you use that term to describe remediation for one of the ponds.
9) Mr. Rubinstein, I am concerned that you do not treat my request for a scraping of the main stack seriously. You wrote that this, "would not be representative of overall emissions from the site". I am not talking about overall emissions. I am asking that the TCEQ use all options, including that one, to determine what toxic wastes we have been contaminated with. Since TCEQ does not possess any stack samples at all from Asarco El Paso, this omission is glaring.
-------- Original Message --------
Subject: [Fwd: Re: Please explain no answer to either TCEQ filing: TCEQ failing to enforce identification and
Date: Wed, 18 Jul 2007 19:55:03 -0500
From: Carlos Rubinstein <CRubinst[at]tceq.state.tx.us>
July 18, 2007
VIA EMAIL[...] & CERTIFIED U.S. MAIL
Re: ASARCO-El Paso facility
Dear Ms. McMurray:
This letter is in response to your June 23, 2007 email to the Texas Commission on Environmental Quality’s (TCEQ) internet site that receives complaints from citizens across the state. Your email states that you were filing a formal complaint asking the agency to conduct very specific technical analyses at ASARCO.
First, you asked the TCEQ to run a full spectrometer analysis of the material dredged from the bottom of the 100 year old ASARCO pond and that was sent to TX US Ecology near Robstown for storage, with the purpose of identifying the chemical compounds left from the illegal sham recycling by ASARCO. Second, you asked TCEQ to conduct a full spectrometer analysis of the present bottom of the 100 year old pond and where the most runoff would have contacted soil during the September 4, 2006 collapse of the ASARCO rubber lake. Third, you asked staff to run an analysis from a scraping of the ASARCO primary smoke stack and from the ionics brine concentrator’s concentrate chambers. Finally, you stated that the analysis should include ash incineration technique to check for alpha and beta particles. These requests are not considered as a complaint according to TCEQ.
Nevertheless, your requests indicate that there is confusion as to the identification of various ponds, the removal and disposal of solid waste, and sampling requirements, analyses, and results at the ASARCO El Paso Smelter. Thus, we are providing additional information in an attempt to clarify the issues.
There are several ponds at ASARCO. Staff confirms that ASARCO has three ponds that the company has investigated (Pond 1, Pond 5, and Pond 6) at the El Paso smelter. The water in Pond 6 has been used primarily for general supply, stormwater collection, anode cooling and fire water supply. Pond 5 was used for boiler feed backup and some stormwater collection. Pond 1’s primary function is for stormwater collection.
ASARCO has investigated these three ponds and has performed remedial actions in relation to these ponds. The TCEQ Remediation Division staff has reviewed the characterization of ASARCO’s site and is currently monitoring ASARCO’s remediation activities. ASARCO’s analyses of sediments from these ponds can be found in ASARCO El Paso Copper Smelter Remedial Investigation Report Phases I (October 1998 Vol 1), Phase II (July 2000 Vol 1), and Phase III (November 2001 Vol 1). These reports will also contain plats which will have the location of these ponds so you can correctly identify the pond of concern. The sediments from these ponds are dried on-site and disposed of in an engineered repository (i.e. landfill). The repository is lined and will have a cap and subsequent groundwater monitoring when completed. This documentation is available for public viewing at our El Paso Regional Office.
In addition, ASARCO has a large stormwater collection pond called the “rubber lake” a term that you use in your email. Since El Paso receives an average of 8 inches of rain a year, the rubber lake is dry most of the time. During the El Paso flood event of 2006, the rubber lake overtopped and released some stormwater. However, the liner for the rubber lake remained intact. The TCEQ El Paso Regional staff has oversight of the rubber lake and not agency Remediation staff. To date, the TCEQ staff have not received any sediment sample results from ASARCO of the rubber lake.
Next, you asked about waste sent to US Ecology from ASARCO. As you may recall, the TCEQ previously provided documents to you relating to a number of shipments that ASARCO sent to US Ecology, with accompanying waste manifests. These documents show that hazardous waste was sent off-site for permanent disposal. No analysis of this waste is provided to the TCEQ. This waste is from ASARCO’s process and includes the following: 1) wash down water, 2) cleanup activities, 3) sludges, and 4) brine waste from the wastewater treatment plant. ASARCO is responsible for characterizing their waste which is shipped offsite. US Ecology is required to know what type of waste they receive for disposal. The agency is not required to receive analytical data of ASARCO’s waste.
The waste analysis records do not contain spectrometer analysis per se because 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 TAC Chapter 335 Subchapter R:
Persons who generate industrial solid waste or municipal hazardous waste shall comply with the provisions of this subchapter. . . . Persons who generate waste 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 ongoing on site remediation activities can be found in Phase I through Phase IV of the “remedial investigation reports” available for review at the El Paso Regional Office. Spectrometer analysis (paper read-out) has not been located/identified in the TCEQ records regarding waste analysis to determine an appropriate disposal method for excavated material that may have been shipped off-site.
Regarding your request for analysis of scrapings of the ASARCO primary smoke stack and from the ionics brine concentrator’s concentrate chambers; this type of analysis is also not required in as much as the findings and results would not be representative of overall emissions from the site.
The TCEQ has previously responded to your Public Information Act requests on the same subject. Legal staff copied several boxes of files and sent them to the El Paso Office for your review. Please contact Ms. Sally Williams in our El Paso Regional Office at (915) 834-4949 when you are ready to review the information.
Sincerely,
Carlos Rubinstein, Area Director
Field Operations Division
Texas Commission on Environmental Quality
Tuesday, July 17, 2007
Pirates of Penzance Song, modified
[disclaimer:all resemblances to persons are purely coincidental]
[author: anonymous]
[author: anonymous]
To be sung to the tune of the Gilbert and Sullivan
[Pirates of Penzance]
I am the very model of a modern Major-General
TITLE: I Am the Very Model of an Environmental Manager
I Am the Very Model of an Environmental Manager
I've information vegetable, animal, and mineral
I know the kings of Mining, and I quote the lies historical
-- From Arsenic to Cadmium, in order categorical!
I'm very well acquainted, too, with matters quite Political
I understand exaggeration, both the simple and hyperbole
About toxic waste now I'm teeming with a lot o' news
With many cheerful facts about how gardens grow now with its use!
[Chorus sings:]
With many cheerful facts about how gardens grow now with its use-
With many cheerful facts about how gardens grow now with its use-
With many cheerful facts about how gardens grow now with its use-
see:
I'm very good at integral and differential calculus
To show how toxic waste now could not possibly ever injure us -
In short, in matters vegetable, animal, and mineral
I Am the Very Model of an Environmental Manager
[Chorus]
In short, in matters vegetable, animal, and mineral
He is the Very Model of an Environmental Manager
Song
To be sung to tune of "Don't cry for me Argentina"
DON'T CRY FOR ME, DEAR EL PASO....
THE TRUTH IS, I'VE NEVER LEFT YOU:
I'M IN YOUR WATER
I'M IN YOUR BONES NOW
I'M IN YOUR HOUSES
I'M IN YOUR CHILDREN.....
DON'T CRY FOR ME, DEAR EL PASO....
THE TRUTH IS, I'VE NEVER LEFT YOU:
I'M IN YOUR WATER
I'M IN YOUR BONES NOW
I'M IN YOUR HOUSES
I'M IN YOUR CHILDREN.....
[Fwd: Re: Please explain no answer to either TCEQ filing: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of
Dear TCEQ:
Not everyone and not all offices at the TCEQ are complicit in the cover-up. It is time that the honest people in the TCEQ (and in the EPA) removed the dishonest ones so that we can get to the bottom of the problem here in El Paso regarding contamination from Asarco.
We know that a cover-up was committed. We are in the process in El Paso of approaching several county and a district attorney regarding the criminal actions of Asarco in the burning of secret toxic wastes for profit (sham-recycling). Someone is responsible in the TCEQ and in my opinion your legal departments, instead of replying to me and committing further cover-up, should be investigating the responsible parties within the environmental regulatory agencies and removing them from their position(s).
Asarco is gearing up activity here. Sierra Blanca sludge-land has been purchased by the Texas G.L.O. and is slated to begin accepting sludge again, in the middle of endangered Chihuahuan desert and impoverished mexican-american peoples. Someone in the TCEQ and in the EPA has the knowledge to stop the lies and the ill-gained profits that happened here within Railroad District 8; and to stop using us as a test-case to remove environmental liabilities from a polluter who knowingly used us for toxic-waste disposal.
We need honest disclosure of what metal is present here that has been covered up-- it was knowingly smelted here against the La Paz accord. Your attorneys at one time were aware of what it was, since they argued over whether or not Asarco should pave surfaces for six years or simply let the toxins trickle down through the dirt. We are tired of being a dumping ground and tired of being poisoned. It is the TCEQ's responsibility to know what contaminants are here and let us know.
Thank you,
H.Mcmurray
-------- Original Message --------
Subject: Re: Please explain no answer to either TCEQ filing: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso
Date: Tue, 17 Jul 2007 15:54:49 -0500
From: WWW - CMPLAINT <cmplaint@tceq.state.tx.us>
To: <@earthlink.net>,<thornton.wood[at]oag.state.tx.us>, "WWW - OPA" <OPA[at]tceq.state.tx.us>, "Terry McMillan" <TMCMILLA[at]tceq.state.tx.us>
CC: <David.Edmonson[at]senate.state.tx.us>
Ms. M
We are coordinating a response to your questions with our Office of Legal Services. I am expecting a response to be forwarded to you by the end of this week. Let me know if that doesn't happen, and I'll check on it again. Thank you.
[no signature given from the TCEQ Complaint-email-address]
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
07/13/07 1:35 PM
I have not received a reply to this email and it has been over 12 business days.
Please explain the delay. thank you,
-------- Original Message --------
Subject: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso Date: Fri, 22 Jun 2007 23:41:06 -0600
To: TCEQ complaint Fr: Heather McMurray, El Paso TX
sb: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso
I am filing this as a formal complaint asking the _TCEQ_ to run a full spectrometer analysis of the material dredged from the bottom of the 100 year old Asarco pond and sent to TX US ecology for storage, with the purpose of identifying the chemical compounds left here from the illegal sham-recycling by Asarco. I also ask that a full spectrometer analysis be done of the present-bottom of that same pond at the Asarco site and where the most runoff would have contacted soil during the 9-4-06 collapse of Asarco rubber lake. Also, please run an analysis from a scraping of the Asarco primary smoke-stack; and from the Ionics brine concentrator's concentrate chambers. This analysis should include ash-incineration-technique to check for alpha and beta particles.
High level officials in the TCEQ and the EPA are violating honest services provision of the mail and wire fraud act by:
* failure to identify and enforce cleanup of the toxic poisons incinerated/stored by Asarco El Paso from its subsidiary in Corpus Christi, TX.
* _pretending to carry on a legitimate permitting process on the El Paso Asarco smelter while continuing to ignore that this site has NOT BEEN DECONTAMINATED from the burning of these wastes_
* failure to identify the wastes left here from this incineration/handling
* failure to explain the resulting health effects to the community
Public officials have known that these toxins are now in our water, the alluvial sediments and aquifer. The TCEQ is failing to continue metal testing of the river below Asarco saying it "isn't necessary any longer". The TCEQ is failing to identify the toxins left in our water supply from the decade of illegal Asarco sham-recycling.
Not everyone and not all offices at the TCEQ are complicit in the cover-up. It is time that the honest people in the TCEQ (and in the EPA) removed the dishonest ones so that we can get to the bottom of the problem here in El Paso regarding contamination from Asarco.
We know that a cover-up was committed. We are in the process in El Paso of approaching several county and a district attorney regarding the criminal actions of Asarco in the burning of secret toxic wastes for profit (sham-recycling). Someone is responsible in the TCEQ and in my opinion your legal departments, instead of replying to me and committing further cover-up, should be investigating the responsible parties within the environmental regulatory agencies and removing them from their position(s).
Asarco is gearing up activity here. Sierra Blanca sludge-land has been purchased by the Texas G.L.O. and is slated to begin accepting sludge again, in the middle of endangered Chihuahuan desert and impoverished mexican-american peoples. Someone in the TCEQ and in the EPA has the knowledge to stop the lies and the ill-gained profits that happened here within Railroad District 8; and to stop using us as a test-case to remove environmental liabilities from a polluter who knowingly used us for toxic-waste disposal.
We need honest disclosure of what metal is present here that has been covered up-- it was knowingly smelted here against the La Paz accord. Your attorneys at one time were aware of what it was, since they argued over whether or not Asarco should pave surfaces for six years or simply let the toxins trickle down through the dirt. We are tired of being a dumping ground and tired of being poisoned. It is the TCEQ's responsibility to know what contaminants are here and let us know.
Thank you,
H.Mcmurray
-------- Original Message --------
Subject: Re: Please explain no answer to either TCEQ filing: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso
Date: Tue, 17 Jul 2007 15:54:49 -0500
From: WWW - CMPLAINT <cmplaint@tceq.state.tx.us>
To: <@earthlink.net>,<thornton.wood[at]oag.state.tx.us>, "WWW - OPA" <OPA[at]tceq.state.tx.us>, "Terry McMillan" <TMCMILLA[at]tceq.state.tx.us>
CC: <David.Edmonson[at]senate.state.tx.us>
Ms. M
We are coordinating a response to your questions with our Office of Legal Services. I am expecting a response to be forwarded to you by the end of this week. Let me know if that doesn't happen, and I'll check on it again. Thank you.
[no signature given from the TCEQ Complaint-email-address]
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
07/13/07 1:35 PM
I have not received a reply to this email and it has been over 12 business days.
Please explain the delay. thank you,
-------- Original Message --------
Subject: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso Date: Fri, 22 Jun 2007 23:41:06 -0600
To: TCEQ complaint Fr: Heather McMurray, El Paso TX
sb: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso
I am filing this as a formal complaint asking the _TCEQ_ to run a full spectrometer analysis of the material dredged from the bottom of the 100 year old Asarco pond and sent to TX US ecology for storage, with the purpose of identifying the chemical compounds left here from the illegal sham-recycling by Asarco. I also ask that a full spectrometer analysis be done of the present-bottom of that same pond at the Asarco site and where the most runoff would have contacted soil during the 9-4-06 collapse of Asarco rubber lake. Also, please run an analysis from a scraping of the Asarco primary smoke-stack; and from the Ionics brine concentrator's concentrate chambers. This analysis should include ash-incineration-technique to check for alpha and beta particles.
High level officials in the TCEQ and the EPA are violating honest services provision of the mail and wire fraud act by:
* failure to identify and enforce cleanup of the toxic poisons incinerated/stored by Asarco El Paso from its subsidiary in Corpus Christi, TX.
* _pretending to carry on a legitimate permitting process on the El Paso Asarco smelter while continuing to ignore that this site has NOT BEEN DECONTAMINATED from the burning of these wastes_
* failure to identify the wastes left here from this incineration/handling
* failure to explain the resulting health effects to the community
Public officials have known that these toxins are now in our water, the alluvial sediments and aquifer. The TCEQ is failing to continue metal testing of the river below Asarco saying it "isn't necessary any longer". The TCEQ is failing to identify the toxins left in our water supply from the decade of illegal Asarco sham-recycling.
Sunday, July 15, 2007
smelter-related lead exposure study
Title: Use of a geographic information system to track smelter-related
lead exposures in children: North Lake Macquarie, Australia, 1991–2002
Author: Willmore Alan ; Sladden Tim ; Bates Lucy ; Dalton Craig
Abstract:
lead exposures in children: North Lake Macquarie, Australia, 1991–2002
Author: Willmore Alan ; Sladden Tim ; Bates Lucy ; Dalton Craig
Abstract:
Abstract
Background
To determine patterns of childhood lead exposure in a community living
near a lead and zinc smelter in North Lake Macquarie, Australia between
1991 and 2002.
Methods
An analysis of serial blood lead levels (BLL) of children less than 13
years of age in North Lake Macquarie participating in voluntary blood
lead screening. Distance to the smelter and soil lead concentration of
the child's place of residence was calculated. Categorical analysis of
BLL by residential distance from smelter, residential soil lead
concentration, age and year of sample was calculated. Linear regression
models were fit for blood lead levels against residential distance from
smelter, the log of residential soil lead concentration, age and year of
BLL sample.
Results
Geometric mean BLLs were statistically significantly higher for
distances less than 1.5 kilometres from the smelter and for residential
soil lead concentrations greater than 300 ppm. Yearly BLLs since 1995
were statistically significantly lower than for preceding years, with an
average decrease of 0.575 μg/dL per year since 1991. BLLs are
statistically significantly higher for children whose age is 1 to 3
years old. Linear regression modelling of BLL predicted a statistically
significant decrease in BLL of 3.0831 μg/dL per kilometre from the
smelter and a statistically significant increase in BLL of 0.25 μg/dL
per log of lead in residential soil. The model explained 28.2% of the
variation in BLL.
Conclusion
Residential distance to the smelter, log of residential soil lead
concentration, child's age and year of BLL sample are statistically
significant factors for predicting elevated BLLs in children living near
a North Lake Macquarie lead smelter.
Journal: International Journal of Health Geographics
Issn: 1476072X
EIssn:
Year: 2006
Volume: 5
Issue: 1
pages/rec.No: 30
Building homes on smelter site
"...When it comes to talking about the land, prospective buyers are fully informed that Belmonte Heights sits on the former Asarco smelter site.
"We have full disclosure," Snyder said.
The area was home to a smelter that operated in the late 19th and early 20th centuries, spewing arsenic that polluted much of the soil. [arsenic is odorless and tasteless; any amount is thought to be harmful according to experts that study it on the cellular level...] That soil had to be cleaned up to Department of Ecology standards when the Everett Housing Authority bought the land from Asarco LLC, a subsidiary of Grupo Mexico SA, in 2004. The City of Everett helped with the cleanup and Dye bought the seven acres for $3.2 million.
Snyder said that some people are familiar with the history when they come to view the homes.
Belmonte Heights has welcomed people of all ages, including seniors who are buying down. Part of that draw could be the lower maintenance.
"It has a lot to do with the quality," Snyder said.
With wainscoting and tile standard in the homes and wide open spaces and views outside, first-time homebuyers looking for a roomy new home can find something from $263,990 to $334,990. The largest home is more than 2,100 square feet."
http://www.heraldnet.com/article/20070715/BIZ/707150325
"We have full disclosure," Snyder said.
The area was home to a smelter that operated in the late 19th and early 20th centuries, spewing arsenic that polluted much of the soil. [arsenic is odorless and tasteless; any amount is thought to be harmful according to experts that study it on the cellular level...] That soil had to be cleaned up to Department of Ecology standards when the Everett Housing Authority bought the land from Asarco LLC, a subsidiary of Grupo Mexico SA, in 2004. The City of Everett helped with the cleanup and Dye bought the seven acres for $3.2 million.
Snyder said that some people are familiar with the history when they come to view the homes.
Belmonte Heights has welcomed people of all ages, including seniors who are buying down. Part of that draw could be the lower maintenance.
"It has a lot to do with the quality," Snyder said.
With wainscoting and tile standard in the homes and wide open spaces and views outside, first-time homebuyers looking for a roomy new home can find something from $263,990 to $334,990. The largest home is more than 2,100 square feet."
http://www.heraldnet.com/article/20070715/BIZ/707150325
Saturday, July 7, 2007
Asarco El Paso crushed slag was used as ROOFING BALLAST
"Posted on July 6, 2007
Asarco Slags Off
In response to Sick ‘Em, City of El Paso: Going After Asarco, by Chris Cummings. [link]
Great article.
I think that it is interesting that we all look at the "reduced" pollution and repelling blight on the landscape; but, we ignore what is going into the ground. Years back, I was involved in a building renovation project where the existing roof ballast was crushed slag from ASARCO. The roof had leaked for a good while and the water seeped into the structural reinforced concrete roof deck. The acid from the rain and slag had completely corroded the steel reinforcing and the concrete was disintegrating.
How much longer will we allow this albatros to hang around the necks of those who are trying to sell El Paso to progressive, clean businesses. Maybe if we cleaned up our billboard blight, we could better get the full impact of the ASARCO view.
Thank you,
Mervin Moore"
http://www.newspapertree.com/opinion/1522-readers-responses
Friday, July 6, 2007
up to the end of 1996, Asarco's baghouse (Pugmill) had routed exhaust to the 308 ft stack NOT THE 828 FT STACK
.....
PROJECT OVERVIEW
ASARCO requested that they be allowed to reroute the baghouse stack exhaust from the pugmill from the present 308-foot stack to the 828-foot copper stack annulus. There will be no increase, or decrease, of emission rate from this facility.
REQUEST FOR COMMENTS
REGION: 6 Reviewed by: Archie Clouse
CITY:
.....
The exhaust gasses from the holding furnace and converters, which are rich in SO2, are cleaned of particulate matter before they are conditioned and converted to SO3. The SO3 gas is then scrubbed with water to produce 98% sulfuric acid. The particulate matter captured from this gas stream is sent to the pugmill where it is mixed with a little moisture and loaded in rail cars for recycling. Some of this material is recycled at this facility.
A safety inspection has shown that the 308-foot stack is in need of repairs. The stack was originally built over 80 years ago. The company wants to reroute the pugmill baghouse exhaust stack to the taller copper stack annulus. The old stack will be removed. The taller stack will give better dispersion of the emissions.
SOURCES, CONTROLS AND BACT
The pugmill is controlled by the baghouse, which is BACT. In my opinion, BACT has been applied to this facility.
IMPACTS EVALUATION
1. Was modeling done? No Type? N/A
2. Will GLC of any air contaminant cause violation of NAAQS?
NO
3. Is this a sensitive location with respect to nuisance?
NO
4. Is the site within 3000 feet of any school?
NO
5. Toxics Evaluation: This is a change of representation for the pugmill baghouse stack to vent into a taller stack. This will help lower the off-property impacts.
COMPLIANCE HISTORY
1. Was a NOV issued for construction without a permit?
NO
2. Was the NOV resolved by issuance of permit?
N/A
Comments:
MISCELLANEOUS
1. Is applicant in agreement with special conditions?
Yes
Company representative(s)?
Contacted via?
Date of contact?
2. Did the franchise tax verify the applicant to be in good standing?
N/A
Permit Engineer Date Team Leader/Section Manager/Backup Date
C:\NSRFORMS\FM\TECHRVW.FM
Revised
1997 Encycle applied to handle a metal-bearing liquid from US Army RMA, Colorado
CHEMICAL DIVISION STANDARD EXEMPTION REGISTRATION REVIEW Company: Encycle /Texas Inc. Registration Number: 34843 Record Number: 49506 Contact Name: Roger Norman Phone: 512-289-0300 ex 243 Fax: 6713 Description of Overall Unit: The company requests to handle a metal bearing liquid from the US Army’s Rocky Mountain Arsenal. Permit HW-50221 applies. Description of Facilities/Processes Claimed in this Registration and Exemptions Claimed: The company claims that all Requirements of Exemption 118 are met. Sources, Emissions and Control Summary: This review is being conducted under standard exemption rules only. The company claims that the liquid (analysis attached) should have emissions of approximately zero. The liquid is mixed with sodium sulfite to precipitate metals. The liquids will have any emissions vented through a scrubber. The only emissions based upon the analysis would be from dissolved low concentrations of ammonia and bromine. Any very small emissions of ammonia or bromine that would volatilize out of the liquid will be soluble and very scrubbable. Emissions should be approximately zero. The distance to the nearest receptor is estimated at 600'. The emissions of ammonia and bromine would be under a limit of (E = 18/65 = 0.28 lbs/hr) and (E = 0.7/65 = 0.011 lbs/hr). Pollution Reduction - Source or Device(s) None VOC__ No__ Sox__ CO__ PM__ HAS__ P.D. or Nonattainment Netting Required? No Submitted? NSPS: No NESHAPS No All General and Specific Conditions are met? Yes Reviewed By: John Gott Team Leader: Date: 2/27/97 Date:
https://webmail.tceq.state.tx.us/servlet/webpub
Thursday, July 5, 2007
Thousands of Asbestos Claims Delay ASARCO Reorganization Plan
Thousands of Asbestos Claims Delay ASARCO Reorganization Plan
Copper-mining company ASARCO LLC has asked a U.S. Bankruptcy Court in Corpus Christi, Texas to grant them an extension for filing their reorganization plan, claiming that they are overwhelmed with asbestos injury claims and myriad environmental pollution lawsuits.
According to a Forbes article, the company claims it is justified in asking for an extension until December, noting that it’s case is complex. The mining company is currently facing 95,000 personal injury asbestos-related claims. The deadline for reorganization is currently set to expire on August 9th, 2007.
“While Asarco’s reorganization may not be the largest corporate reorganization in history based on assets alone, it certainly rivals any previous Chapter 11 case for complexity and breadth of the individual issues involved,” a statement issued by the company said.
ASARCO has already received six extensions since filing for bankruptcy in August 2005. A spokesperson for the company notes, however, that they have made “significant progress” in developing their restructuring plan and negotiating with creditors and expect to be able to meet the December date if the extension is granted.
According to the article, the company has also filed motions to obtain court-approved estimates of the tens of thousands of asbestos claims as well as 850 tort claims and its liability for environmental cleanup.
ASARCO is currently faced with environmental claims filed by the U.S. government, 16 states, two Indian tribes and private parties. Those claims total more than $10 billion, according to the company.
Lawyers for those individuals with asbestos claims against ASARCO have noted that the company’s asbestos liabilities are between $906 million and $2.66 billion.
Mexico: miners on strike (Grupo Mexico)
"Published: 07.05.2007
Mexico miners begin 24-hour walkout over safety concerns
MEXICO CITY - Mexican miners began a 24-hour nationwide walkout Thursday to press demands for labor authorities to address safety concerns.
Carlos Pavon, secretary of political affairs at the National Mining and Metal Workers Union, said the walkout began in the early morning, although the union didn't know yet how many workers had honored the strike call.
The walkout affects, among others, Grupo Mexico, a major copper producer, and Industrias Penoles, the world's top silver producer. The 250,000-member union also includes workers of steel plants owned by Arcelor Mittal in the Pacific port of Lazaro Cardenas.
An official at Grupo Mexico said that early reports showed its zinc mine in the northern state of Zacatecas was 30 percent affected by the walkout and that work was halted at a small mine in the city of Taxco, in the Pacific coast state of Guerrero. The official had no report yet from Cananea, the country's largest copper mine, in the northwestern state of Sonora.............."
http://www.tucsoncitizen.com/ss/business_headlines/56660
Tuesday, July 3, 2007
Improved early morning diet can help block some effects of lead
Bulletin of Environmental Contamination and Toxicology ; VOL. 56 ; ISSUE: 4 ; PBD: Apr 1996
Gulson, B.L. [Macquarie Univ., Sydney (Australia)]|[CSIRO/dEM, North Ryde (Australia)] ; Howarth, D. [CSIRO/dEM, North Ryde (Australia)] ; Mizon, K.J. [Lyell McEwin Health Service, Elizabeth Vale (Australia)][and others]
ABSTRACT: The goal of hazard abatement is the identification and systematic elimination of lead hazards in the community, which should ultimately result in lowering of blood lead (PbB), especially in children. Such a goal is a daunting task in mining or smelting communities such as Broken Hill in Australia where industrial activities operating for more than 100 years and natural weathering over millennia have resulted in widespread contamination.The single most important factor in managing of childhood lead poisoning is reducing the child`s exposure to lead. Luke reviewed the remediation programs in seven large smelter operations outside Australia using environmental and biological indices, before and after intervention, to gauge the success. He concluded that outcomes varied from temporary improvements in Kellog, Idaho to apparently more successful outcomes in El Paso and Dallas, Texas. At Port Pirie, Luke identified that the most significant predictor of a reduction in PbB levels was permanent relocation out of the high risk areas, whereas in a later assessment Maynard identified, in addition to permanent relocation, level of expenditure on house dedusting and refurbishment, improved dust hygiene practices, and improved early morning diet as likely to reduce PbB levels. The aim of this study was to evaluate the impact on PbB of relocation of two families from their source of lead, in this case from the Broken Hill mining community. To gauge the impact of relocation, the results are compared with twenty seven children who relocated within the Broken Hill community from high to low risk areas. 24 refs., 1 tab.
Gulson, B.L. [Macquarie Univ., Sydney (Australia)]|[CSIRO/dEM, North Ryde (Australia)] ; Howarth, D. [CSIRO/dEM, North Ryde (Australia)] ; Mizon, K.J. [Lyell McEwin Health Service, Elizabeth Vale (Australia)][and others]
ABSTRACT: The goal of hazard abatement is the identification and systematic elimination of lead hazards in the community, which should ultimately result in lowering of blood lead (PbB), especially in children. Such a goal is a daunting task in mining or smelting communities such as Broken Hill in Australia where industrial activities operating for more than 100 years and natural weathering over millennia have resulted in widespread contamination.The single most important factor in managing of childhood lead poisoning is reducing the child`s exposure to lead. Luke reviewed the remediation programs in seven large smelter operations outside Australia using environmental and biological indices, before and after intervention, to gauge the success. He concluded that outcomes varied from temporary improvements in Kellog, Idaho to apparently more successful outcomes in El Paso and Dallas, Texas. At Port Pirie, Luke identified that the most significant predictor of a reduction in PbB levels was permanent relocation out of the high risk areas, whereas in a later assessment Maynard identified, in addition to permanent relocation, level of expenditure on house dedusting and refurbishment, improved dust hygiene practices, and improved early morning diet as likely to reduce PbB levels. The aim of this study was to evaluate the impact on PbB of relocation of two families from their source of lead, in this case from the Broken Hill mining community. To gauge the impact of relocation, the results are compared with twenty seven children who relocated within the Broken Hill community from high to low risk areas. 24 refs., 1 tab.
Why Would a Las Crucen Care About Asarco?
"Many of us in the City of the Crosses follow El Paso politics closely. Perhaps we can learn a lesson from our Big Sister in Texas: how to shut down a major polluter that doesn’t have the citizens’ best interests in mind.
Posted on July 3, 2007
I won’t speak for other Las Crucens, but I am one resident of the City of the Crosses who adamantly opposes Asarco reopening in El Paso....."
see the following link for the story....
http://www.newspapertree.com/opinion/1514-why-would-a-las-crucen-care-about-asarco
Monday, July 2, 2007
Sunday, July 1, 2007
KTSM Channel 9 breaking news: TCEQ Public Interest Counsel accuses Asarco of breaking state code...
"ASARCO Battle Continues
New allegations against ASARCO have surfaced after a report was released by a state agency created to represent the interest of citizens.
New allegations against ASARCO have surfaced after a report was released by a state agency created to represent the interest of citizens.
Saturday, June 30, 2007 - The Office of Public Interest Council is among those who oppose ASARCO's reopening.
The agency claims the Texas Commission on Environmental Quality, or TCEQ, violated a state code when it gave the copper smelter a second chance to renew its air quality permit....."
http://www.ktsm.com/news/local/8266732.html
Asarco smelted wastewater sludges from mine drainage clean-up
Heavy-metal sludges as smelter feedstock. (Asarco Inc.) : How Asarco Cleans Mine Discharge Water and Scores Economic Benefits As Well
http://www.rst2.edu/ties/LEAD/university/resources/experts/new/sludge.htm
http://www.rst2.edu/ties/LEAD/university/resources/experts/new/sludge.htm
also read:
http://www.communityrights.org/Newsroom/crcInTheNews/DW4-7-05.asp
("Grazin' Hell by Prendergast, about Montana DOJ environmental politics)
Asarco would take us back to a polluted past
Writers on the Range - Writers on the Range - May 14, 2007
Robert Rowley
I remember the first time I tasted the air near the Asarco copper smelter in El Paso, Texas. It was 1990, and my wife and I had just moved there from Tucson, Ariz., to start teaching jobs in the English Department at the campus of the University of Texas-El Paso. I soon met two professors who shared my love of hiking, and the three of us were returning home from an all-day trip to Guadalupe Mountains National Park, when we saw a dense cloud hanging over the freeway near the university.......
http://www.hcn.org/servlets/hcn.WOTRArticle?article_id=17045
Saturday, June 30, 2007
Secret trade agreement delayed, Peru asked to comply with environmental (and other) standards
How will this affect Grupo Mexico, their Southern Peru Copper mine and Asarco's wish to push a re-opening in El Paso by August, next month? Could it be that the Bush Administration (whose Carlyle group owns much of Grupo Mexico) might have to acknowledge what happened here in El Paso and Corpus Christi and clean up -- rather than continuing to make money dumping environmental liabilities on the taxpayers here, and taking away profits?
"Democratic leaders in Congress put off a vote on trade agreements with Peru and Panama until those countries revamp their laws to comply with new labor and environment standards in the accords. The demand is a blow to the Bush administration, which pressed the Democratic majority in Congress to have the Peru agreement approved next month."
http://www.chron.com/disp/story.mpl/business/4933661.html
"Democratic leaders in Congress put off a vote on trade agreements with Peru and Panama until those countries revamp their laws to comply with new labor and environment standards in the accords. The demand is a blow to the Bush administration, which pressed the Democratic majority in Congress to have the Peru agreement approved next month."
http://www.chron.com/disp/story.mpl/business/4933661.html
How will this affect Grupo Mexico, the Southern Peru Copper mine and Asarco's wish to push a re-opening in El Paso by August, next month?
"
"Democratic leaders in Congress put off a vote on trade agreements with Peru and Panama until those countries revamp their laws to comply with new labor and environment standards in the accords. The demand is a blow to the Bush administration, which pressed the Democratic majority in Congress to have the Peru agreement approved next month."
"
"Democratic leaders in Congress put off a vote on trade agreements with Peru and Panama until those countries revamp their laws to comply with new labor and environment standards in the accords. The demand is a blow to the Bush administration, which pressed the Democratic majority in Congress to have the Peru agreement approved next month."
Congress has ordered the EPA to restore its libraries
Victory for Librarians, EPA Library Funding
After considerable pressure by librarians, researchers and the public,
American Library Association
Washington Office Newsline
ALAWON
Volume 16, Number 075
June 29, 2007
Victory for Librarians, EPA Library Funding
After considerable pressure by librarians, researchers and the public, Congress has ordered the Environmental Protection Agency (EPA) to restore its library network. In the fiscal year (FY) 2008 Interior Appropriations bill, the Senate Appropriations Committee orders EPA to reopen the closed libraries. Last year, EPA closed its Headquarters Library in Washington, DC, to visitors and walk-in patrons. EPA also closed several regional libraries, the toxics and pesticides library and the Ft. Meade Environmental Science Center Library.
The language reads
“$2,000,000 shall be used to restore the network of EPA libraries recently closed or consolidated by the administration. While the Committee approves of efforts to make environmental data collections available electronically, the Committee does not agree to further library closures or consolidations without evidence of how the public would be served by these changes. Therefore, the Committee expects the EPA to restore publicly available library facilities in each region. EPA is directed to submit a plan on how it will use this funding increase to reopen facilities and maintain a robust collection of environmental data and resources in each region by December 31, 2007.”
The bill is now headed to the full Senate for consideration. The House-passed FY 2008 Interior Appropriations bill doesn’t contain the EPA library language.
In the fiscal year (FY) 2008 Interior Appropriations bill, the Senate Appropriations Committee orders EPA to reopen the closed libraries. Last year, EPA closed its Headquarters Library in Washington, DC, to visitors and walk-in patrons. EPA also closed several regional libraries, the toxics and pesticides library and the Ft. Meade Environmental Science Center Library.
The language reads
“$2,000,000 shall be used to restore the network of EPA libraries recently closed or consolidated by the administration. While the Committee approves of efforts to make environmental data collections available electronically, the Committee does not agree to further library closures or consolidations without evidence of how the public would be served by these changes. Therefore, the Committee expects the EPA to restore publicly available library facilities in each region. EPA is directed to submit a plan on how it will use this funding increase to reopen facilities and maintain a robust collection of environmental data and resources in each region by December 31, 2007.”
The bill is now headed to the full Senate for consideration. The House-passed FY 2008 Interior Appropriations bill doesn’t contain the EPA library language.
After considerable pressure by librarians, researchers and the public,
American Library Association
Washington Office Newsline
ALAWON
Volume 16, Number 075
June 29, 2007
Victory for Librarians, EPA Library Funding
After considerable pressure by librarians, researchers and the public, Congress has ordered the Environmental Protection Agency (EPA) to restore its library network. In the fiscal year (FY) 2008 Interior Appropriations bill, the Senate Appropriations Committee orders EPA to reopen the closed libraries. Last year, EPA closed its Headquarters Library in Washington, DC, to visitors and walk-in patrons. EPA also closed several regional libraries, the toxics and pesticides library and the Ft. Meade Environmental Science Center Library.
The language reads
“$2,000,000 shall be used to restore the network of EPA libraries recently closed or consolidated by the administration. While the Committee approves of efforts to make environmental data collections available electronically, the Committee does not agree to further library closures or consolidations without evidence of how the public would be served by these changes. Therefore, the Committee expects the EPA to restore publicly available library facilities in each region. EPA is directed to submit a plan on how it will use this funding increase to reopen facilities and maintain a robust collection of environmental data and resources in each region by December 31, 2007.”
The bill is now headed to the full Senate for consideration. The House-passed FY 2008 Interior Appropriations bill doesn’t contain the EPA library language.
In the fiscal year (FY) 2008 Interior Appropriations bill, the Senate Appropriations Committee orders EPA to reopen the closed libraries. Last year, EPA closed its Headquarters Library in Washington, DC, to visitors and walk-in patrons. EPA also closed several regional libraries, the toxics and pesticides library and the Ft. Meade Environmental Science Center Library.
The language reads
“$2,000,000 shall be used to restore the network of EPA libraries recently closed or consolidated by the administration. While the Committee approves of efforts to make environmental data collections available electronically, the Committee does not agree to further library closures or consolidations without evidence of how the public would be served by these changes. Therefore, the Committee expects the EPA to restore publicly available library facilities in each region. EPA is directed to submit a plan on how it will use this funding increase to reopen facilities and maintain a robust collection of environmental data and resources in each region by December 31, 2007.”
The bill is now headed to the full Senate for consideration. The House-passed FY 2008 Interior Appropriations bill doesn’t contain the EPA library language.
Friday, June 29, 2007
May 1999 BHP smelter in AZ idled
BHP Billiton have altered the status of their copper smelting and refining plant at San Manuel,[AZ] USA from care and maintenance to permanent closure. [Used Pierce converters and flash furnace]
The plant has been idle since May 1999 when it entered into care an maintenance mode. Since then they have looked at numerous strategies to bring the plant back online, but none proved economically viable.The remaining staff will be focus on safety and environmental issues, while the decommissioning and reclamation of the site will be completed over the next 5 to 7 years.
The closure brings to an end 50 years of operation for the San Manuel smelter....
Posted October 27th, 2003
http://www.azom.com/details.asp?newsID=864
"1997: After next year's major rebuild, the San Manuel [BHP] smelter will operate for another 10 years on mini-shutdowns. This strategy will save BHP roughly $200 million over the next 10 years before the next major rebuild, resulting in more cash flow and value for BHP
Craig Steinke is Group General Manager and Senior Vice President of Metals in San Francisco and Pj Cannon, an Assistant Editor for On Cu.
This article is reprinted with permission from the publication,
On CU, April – June, 1997,Vol. 1, No. 3."
Asarco Noose Tightens, But Who Will Hang?
"Asarco Noose Tightens, But Who Will Hang?
It’s possible the issue could be decided by August, although because the process already has taken many twists, various elements could slow it down. That includes a potential change on the Commission that will decide the issue. Meanwhile, the TCEQ is reviewing the comments filed June 18.
Posted on June 29, 2007
The Asarco saga will come to a head this summer. Or not. But the noose is tightening …........................................"
[complete story is on page
http://www.newspapertree.com/politics/1504-asarco-noose-tightens-but-who-will-hang]
"But Asarco’s history also is an issue raised by permit opponents. The single largest issue is the question of hazardous waste illegally disposed at Asarco – how much, and what type? That question was raised in an agreed order in 1999, in which Asarco agreed to pay a fine but did not admit to wrongdoing. However, an EPA memo indicated that the agency wanted to take legal action. [Read the background for that story.]
As a result of that order, Asarco agreed to pay the city for paving alleys. [story]
For a primer on the Asarco issue, please see
Asarco Links.
Back to the most recent: Newspaper Tree presents seven documents filed June 18, 2007, outlining the issues now being argued by permit opponents and by Asarco.
Asarco [link]
New Mexico Department of Environmental Quality [link]
Office of Public Interest Counsel [link]
City of El Paso [link]
State Sen. Eliot Shapleigh [link]
Sierra Club [link]
Sunset Heights Acorn [link]"
Thursday, June 28, 2007
Constellation Copper Corporation to Proceed with
Bankable Feasibility Study on the Terrazas Copper-Zinc
Oxide
DENVER, COLORADO--(CCNMatthews - Apr 26, 2004) - Constellation Copper Corporation is pleased to nnounce it will proceed with a bankable feasibility study on the Terrazas copper-zinc oxide open pit heap leach project,[the Phelps Dodge Mining Company, for example, at its Morenci, AZ mine, has completely disassembled its smelter and has converted the mine to a mine-for-leach operation. It takes fewer employees and is more cost effective.] located in
analytical work.....
http://www.ccnmatthews.com/news/releases/show_print.jsp?action=toolbox&showText=all&amp;actionFor=427099&industry=false
Asarco acted as the Atomic Energy Commission uranium ore-buyer in 1948
"Contracts for Atomic Energy Commission (AEC) procurement of these precipitates were extended in 1948. Furthermore, the AEC initiated plans to put three idle vanadium mills back to work, with production of uranium as their primary purpose. Toward this end, it purchased the plant at Monticello, Utah, in June 1948, from the War Assets Administration. The ore-purchasing agent is the American Smelting & Refining Co. By the end of the year negotiations were nearly complete for rehabilitation and operation of the plants at Durango and Uravan, Cob., by private companies. All five mills were expected to be operating before the end of 1949."
Confirmation of buried barrels of waste at Asarco’s Troy mine comes to the surface
Digging deep
Confirmation of buried barrels of waste at Asarco’s Troy mine comes to the surface
Written by MICHAEL MOORE and MICHAEL JAMISON Photographed by MICHAEL GALLACHER of the Missoulian
TROY – For more than half a year, attorneys for the companies involved in the Troy mine’s past and future have denied an environmental group’s claim that barrels of waste are buried in the mine’s tailings impoundment.
The mining attorneys asked a federal judge in Missoula to dismiss that claim, made in December 2002 in a lawsuit brought by the Cabinet Resource Group, at the most fundamental level – they simply said it never happened.
“Neither the state nor any of the defendants are aware of, nor can they find any evidence of, any such violations,” attorneys for Asarco and the Sterling Mining Co. of Montana wrote in a March brief seeking dismissal of the case.
Then a strange thing happened. Tim Bechtold, one of CRG’s attorneys, filed a notice alerting the company attorneys that he planned to depose Lee McKinney, a former mill manager at the Troy mine.
On Oct. 14, Bechtold had a telephone call from Asarco attorney John Davis, who said the company would now admit that at least some waste had been “deposited” in the 400-acre impoundment, which stores waste rock from the mining process:
“On the basis of information obtained from a former employee of Defendant ASARCO, Mr. Lee McKinney, Defendant ASARCO admits that a quantity of barrels containing flocculant and absorbent material were deposited into the tailings impoundment at the Troy mine in approximately 1988,”http://www.missoulian.com/specials/troy/troy01.html
Asarco finally admitted to having buried 55 gallon drums of hazardous waste....
"But as to the company’s recent reversal of position – in which Asarco now admits to having buried some barrels – Arrigo said he is “quite surprised.” He said he’s now looking forward to seeing what CRG’s lawsuit and ground work uncovers.
“I’ll be real interested to find out what’s down there,” Arrigo said."
(Asarco Troy mine, 2003)
" Specifically, Meyer said Asarco’s tailings impoundment, which captures waste from the mining operation, was leaking into nearby Lake Creek.
He also said the company bypassed part of its wastewater treatment plant, sending sewage and other waste directly into the tailings impoundment. And, perhaps most surprising, Meyer claimed Asarco was burying 55-gallon drums of hazardous waste in what he termed “midnight burials.”
All of those claims have been disputed by the company, and the matter has recently found its way into federal court. But long before the first motions were filed, some eight years ago, to be exact, Jim Meyer blew his whistle in the Troy woods, expecting state regulators to hear his alarm."
http://www.missoulian.com/specials/troy/troy03.html
Environmental Radiation Data Report 96 (EPA RADNET) October - December 1998
See "environmental radiation data" http://www.epa.gov/narel/radnet/aboutus.html
Wednesday, June 27, 2007
A giant burial mound in Ruston holds the ruins of Asarco's copper smelter...
The Herald - Everett, Wash. - www.HeraldNet.com
Published: Sunday, March 19, 2006
TACOMA - A giant burial mound in Ruston holds the ruins of Asarco's copper smelter: bricks, mortar and soil so saturated with arsenic and lead that the crypt they are buried in will have to be monitored indefinitely to prevent leaks.
Asarco is poised to sell its waterfront property to a Lacey developer, including the tomb and the responsibility for the hazardous waste in it.
An estimated $45 million in cleanup work remains to be done. But the developer, MC Construction, is expected to assume responsibility only for half, depending on how negotiations with federal regulators go.
Still untouched are as many as 500 contaminated residential yards, adjacent industrial properties and nearby aquatic lands.
The former Fortune 500 company filed for Chapter 11 bankruptcy protection in 2005, and might be able to walk away from some of the nation's most vexing and expensive environmental cleanups.
That would burden taxpayers with more than $1 billion in obligations. And some regulators say that estimate is low.
The remaining cleanup in Ruston and Tacoma is just a fraction of Asarco's heritage nationwide. Asarco has told a federal bankruptcy judge that state and federal officials blame the company for contamination at 94 sites in 21 states.
Creditors fighting over the remains of the company could raid a small trust fund established to pay for cleaning up some of the worst pollution problems, officials said. But because trust fund distributions are prioritized based on human health risks, cleanup efforts in the Pacific Northwest could take a back seat to such places as:
* Omaha, Neb., home of the largest residential lead cleanup in the United States.
* El Paso, Texas, where contamination from a mothballed smelter and its 800-foot smokestack extends into Mexico and New Mexico.
see:
http://heraldnet.com/stories/06/03/19/100loc_a1asarco001.cfm
Monday, June 25, 2007
Guess What? Something that ASARCO didn't tell you
Unbeknownst to many in El Paso and the State of Texas, The El Paso Independent School District (EPISD), currently has pending litigation against ASARCO “In The United States Bankruptcy Court For The Southern District Of Texas, Corpus Christi Division,” Case No. 05-21207, Chapter 11. This to be “Jointly Administered” hearing is set for August 6-10, 2007 at 10:00am.
The creditor in the case (EPISD) claims that the debtor, (ASARCO) American Smelting and Refining Company LLC, et al., is liable for the claim amount of $5,685,169.39 for the “Removal and Disposal of Contaminated Soil at 4 EPISD Schools [which were] tested and shown to have elevated lead and arsenic in the December 2001 report, Removal Assessment Report for El Paso County Metals, El Paso County, Texas, by Roy Weston, Inc.”[1]
The creditor (EPISD) claims that the debtor (ASARCO) “has known, or through the exercise of reasonable care should have known at all relevant times that pollutants have been escaping from its facility, exposing [EPISD] to a foreseeable risk of harm, but have failed to warn [EPISD] of the hazards caused by such pollution…”[2]
EPISD claims that “ASARCO “has at all relevant time owed the [EPISD] a duty to implement in a timely manner all reasonable measures to eliminate harmful and unpleasant pollutants from emissions that enter the areas where the [EPISD] owns property and schools; d) eliminate all unreasonable risks to property and schools owned by [EPISD] posed by the operation of the plant…”[3]
EPISD claims, “ASARCO has exposed [EPISD] to harmful pollution through reckless and wanton disregard for the consequences to [EPISD] and others similarly situated.”[4] The latter being made up of student and neighborhood constituents.
EPISD claims “[e]missions from [Debtor] ASARCO’s facilities have periodically exposed properties and schools owned by [EPISD] to levels of pollutants that have interfered with the quiet enjoyment of its private property interests and with its enjoyment of public properties in affected areas.”[5]
EPISD claims that “ASARCO has caused noxious and potentially harmful fumes, particles, vapors and smoke to enter onto properties in which [EPISD] has an interest…The entry of pollution caused by [Debtor] ASARCO onto [EPISD] properties continues and will continue to harm [EPISD] unless abated by injunctive and declaratory relief.”[6]
Although the particulars are extensive, the issue is not as complex as it may seem. The EPISD and a group of affected parties filed a civil suit in El Paso County Court At Law Number Seven (Cause No. 2001-2478); When ASARCO filed for Chapter 11 status in 2005, EPISD, in pursuance of the cleanup costs incurred by the citizenry of El Paso
As we have seen, ASARCO’s emissions of lead and arsenic have been detrimental to El Paso El Paso
EPISD is concerned about the health and welfare of its student populations and is obligated by law to provide an education in a safe and secure environment. Exposing our children to the emissions from the operations of ASARCO undermines the principles of goodwill and faith in mankind.
It is in this and other pertinent factors that the people of El Paso
Respectfully,
[1] U.S. Bankruptcy Court, The Southern District Of Texas Corpus Christi Division: El Paso Independent School District’s Update Of Claim Amount And Designation Of Experts And Witnesses And Designation Of Documents Supporting Export Reports And Exhibits For Hearing Relating To Docket No. 3675 Estimation of ASARCO LLC’s Environmental Liabilities, 24 May 2007 ( Case 05-21207, Document 4803), p. 1.
[2] El Paso County Court At Law Number Seven, El Paso County , Texas , Plaintiff Intervener El Paso Independent School District
[3] Ibid. p. 5.
[4] Ibid. p. 7.
[5] Ibid. p. 7.
[6] Ibid. p. 8.
Sick 'Em, City of El Paso!: Going After Asarco,,by Chris Cummings
Posted on June 21, 2007
If (a big “IF”) anyone could remediate the wasteland around the Asarco plant one day (see Asarco bankruptcy and the multi-millions they already owe to dozens of states around the country), or even today, what role will Asarco play in the clean up? They’ll leave a tip on the table and say ‘Thanks, we had a nice meal here for a hundred years, but we are finished.’ They won’t ask for the tab. They will dine and dash. But as a courtesy, as a nod to the working men and women (whom they will one day employ…and abandon), whom they now have working for them, spinning the benefits of the reopening because their union has worked out a deal (see United Steel Workers [USW] Union’s full page ad(s) in the El Paso Times over the past few months), for you my friends, they will eventually leave unemployment and heartache (I’m not even going to get into the health consequences.)..........http://newspapertree.com/opinion/1490-sick-em-city-of-el-paso-going-after-asarco
Asarco Rubber Lake breaking on 9/4/06 pouring 200,000 gallons of concentrated poisons and storm-water into the old american canal. The canal is our drinking water- it is pulled into a 48" pipe into the Canal St. Water Treatment plant and then the plant pumps the water up the mountain to distribute it throughout El Paso.
Letter to the Editor, El Paso Inc. sent 2/12/07 to Editor and EPWU Attorney Andron
Thank you for the article and photo about the repair of the old upper American canal's broken panel, showing the Jobe Concrete truck pouring cement for the new panel, near the American Dam (established by International Treaty for the delivery of waters to Mexico and the USA). http://www.elpasoinc.com/showArticle.asp?articleId=971
We know from the IBWC's reports that 24 million dollars worth of hazardous waste is in the soil beneath those panels right there. Some of it is odorless and tasteless. We know from the EPWU's water reports above and below that buckled-panel that it is leaking into that water still flowing past the feet of those men, who are now exposed to it. Those men are not wearing masks, most are not wearing gloves -- no one is wearing white environmental suits. Some of those men will wash their clothes at home or in commercial laundromats, and family members (maybe pregnant wives or growing kids) will handle the contaminated clothing.
We know that between mid-March and mid-October that El Paso will get its drinking water from this canal; and, that contamination still leaks
through the old-joints and the weep-holes into the canal where ground-water touches the liner. The contamination will pass along over 70 miles of agricultural irrigation canal. The farmland below Asarco has been called an "arsenic time-bomb" in at least one research paper.
Our community knows that Asarco burned illegal hazardous waste for nearly a decade just a stone's throw away from this liner. Smeltertown, in the background of this photo on the EP Inc., had 18 inches of soil removed nearly 40 years ago, for just the Pb (lead) content alone.
The panels in that old canal were made over 70 years ago of 3 inches of concrete laid over re-bar, just like in that photo - and layered in two directions. They should be made of 4 inches of reinforced concrete. This is a patch-job it appears, and the rest of the 3 miles and 400 or so panels are still in danger of failing. The panels' failure was predicted years ago.
The State Department in spring of '05 reviewed the various IBWC sites and said that the employees at American Dam next to old-smeltertown were sick, and that they were not getting independent medical review from this region.
How long will our regulatory agencies responsible for our well-being continue to conceal its conflicts of interests from this community and pass along the responsibilities to the next generation--- "pass-the-buck", in cancers, lead exposure, arsenic trioxides and actinide exposures?
Heather McMurray
El Paso, TX
Radioactive metal smelting plant
Metal smelting plant was taken at its word
Part of: Leningrad NPP
Although Sosnovy Bor authorities have withdrawn a suit banning the import of radioactive metal waste into the town, Ekomet-S, the importer of that waste, has agreed on its own to cease such imports for the time being, though the company says it doesn't want to hold off forever.
On July 31st, St Petersburg's Court of Arbitration will be again considering the suit filed by the authorities of Sosnovy Bor against Ekomet-S.
At the previous arbitration session, which was the second, Sosnovy Bor authorities withdrew one of their suits.
Ekomet-S
The radioactive metal smelting plant Ekomet-S is situated on the premises of the Leningrad Nuclear Power plant (LAES), only few hundred meters away from the shore of the Baltic Sea shore and four kilometres from Sosnovy Bor's 60,000 inhabitants. The closed nuclear town itself is located 80km from St Petersburg.
The plant was built secretly and without an environmental impact study, which is required by Russian legislation.
The facility, which is devoted to the smelting and decontamination of radioactive metals for resale on the open market, was built by the Ministry for Nuclear Energy — the notorious Minatom — and fissile fuel monopolists hoping to cash in on the smelting of radioactive metal waste from nuclear power plants across Russia. Gazprom-bank invested $10m in the project.
The very fact that a private plant is located at the territory of the state-run LAES may be considered a violation of the current legislation. In late 2001, a group of LAES security guards published an open letter in which they claimed that since the opening of the smelting plant, they had been exposed to radiation. Their contracts, they noted, had not stipulated they would be working in conditions that exposed them to radiation hazards.............
http://www.bellona.org/english_import_area/international/russia/npps/leningrad/24950
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