"Sterlite ups Asarco bid by $500 m" and Asbestos Creditors have a put-option ("bet") in place

Mumbai, Aug 20

"...The revised bid will be $2.1 billion in cash. While there is an increase in the cash consideration, Sterlite will receive about 72.5 per cent interest in the Litigation Trust, to be set up by the ‘Debtors in Possession’ (Asarco), at the closing of the transaction consequent to a US court judgment against Americas Mining Corporation, the company said.   The nine-year copper price participation note of $207.9 million and a put option granted to the Asbestos creditors against their share of 27 per cent litigation interest remain unchanged.   The move follows Grupo Mexico announcement that it would raise its offer to $2.2 billion in cash, in addition to a $280 million note, an increase of about $500 million over its previous offer..."

http://www.thehindubusinessline.com/2009/08/21/stories/2009082152180100.htm

Possible striking workers

Google News Alert for: asarco

Grupo Mexico Says It Hasn't Prepared for Steelworkers Strike Bloomberg The United Steelworkers of America union had said it would order a strike if Grupo Mexico takes back control of Asarco LLC without first negotiating a new ... See all stories on this topic

---

Beryllium

Protection didn't work

"Protection didn't work. So 25 workers poisoned by beryllium now risk death. (

image) David Sanders, The Arizona Daily Star Two don protective clothing, ..."
www.azstarnet.com/beryllium/0509n14.html

"Panama Canal Project Gets Surety Bond"

This is the project that is going head-to-head with the Punta Colonet seaport project that Grupo Mexico (Carlyle owns 20%) wants to win-a-bid for --- Grupo Mexico wants to win a 50 year lease to run the seaport and also to run the freight along its Ferromex/UP rail line up through Santa Teresa less than 15 miles from the ASARCO El PASO Toxic waste site...

"by admin on August 19, 2009

In conjunction with the projects broker Marsh Zurichs Surety Credit and Political Risk group is providing a surety bond for the Panama Canal expansion project one of the largest projects ever bonded by Zurich More here: Panama Canal Project Gets Surety Bond http://institutionalpartners.com/2009/08/panama-canal-project-gets-surety-bond/"

SAIC - the company that did the EPA testing for ASARCO EL PASO TEXAS in the 1990's when the TCEQ said this kind of testing was "outside their [the TCEQ's] jurisdiction"

http://www.pr-inside.com/print1409455.htm

"2009-07-27 18:47:07 - An investigation on behalf of former and current employees, who participated in the company plan of SAIC, Inc in regards to a lawsuit by a former employee, later joined by the Department of Justice alleging SAIC rigged $3.2B contract – The contract was awarded to SAIC in April 2004 and Galloway's company Applied Enterprise Solutions became a subcontractor for SAIC, according to the suit. According to the government, in October 2006, after being notified of Department of Justice's investigation, Adamec put all of his office documents relating to the NCCIPS in burn bags and gave instructions to his staff to do the same. The government claims he also instructed Knesel to have the hard drive and all backup disks to his computer destroyed."

Industrial outgassing hurting our oceans

Harbinger Capital Group, Asarco, and the still-secret wastes illegally burned in El Paso TX and E. Helena MT

“The general unsecured creditors who would be paid in full include bondholders Harbinger Capital Partners Master Fund I Ltd. and government agencies charged with cleaning up pollution at Asarco’s mining sites. They have supported Sterlite’s previous plans The case is In re Asarco LLC, 05-21207, U.S. Bankruptcy Court, Southern District of Texas (Corpus Christi)." http://www.bloomberg.com/apps/news?pid=20601086&sid=ae_7kL3zfSRg

Soon after the NYTimes released the 1998-confidential-for-settlement-purposes-only-document from the EPA to the Federal DOJ about ASARCO in 2006, Harbinger threw 500 million dollars at the NYTimes in an effort to take over its Board of Directors.   Harbinger failed, and lost 75% of that money.    The richest man in Mexico then gave the NYTimes a loan (Carlos Slim).  The people who released that document have suffered non-renewal, firings, eviction and more.

The document details how ASARCO handled and burned unmanifested and secret toxic-wastes for profit for nearly a decade in the 1990's.   Rep. Reyes (Chair of the House Intelligence Committee) later commented that ASARCO had paid millions on the condition that the details of what it had done would NEVER become public. 

Now the secret was out.   But Asarco, the court, the EPA, the DOJ, the TCEQ and the NMED then proceeded to act as if the document was still confidential, and that the illegal incineration of only-god-knows-what never happened.  They proceeded to keep the details from the public.

They are still acting this way.

But the document is PUBLIC, and we know that the EPA told the DOJ that Asarco had burned unmanifested wastes for years, for profit.  

How long do these conflicted officials and Asarco believe that they can continue to keep this "secret" secret?  They sent materials from Rocky Flats Plutonium site to El Paso for disposal, the grapevine to the EPA in CO tells us.   We know that they sent Rocky Mt. arsenal and Tooele UT wastes here.   We also know that the EPA reported that the Beta-Radiation levels in El Paso TX just before ASARCO shut down were the highest in the United States of America.  Just three months before that, the Texas Environmental Quality group suddenly decided to 'throw in the towel' and not establish a nuclear dump 100 miles from El Paso TX at Sierra Blanca Texas...  what were they afraid of?  Media/press attention to local nuclear and radiation issues was international at that time -- and had the media found out that ASARCO had released radiative material through its stacks the community outrage would have been intense.

What on God's earth did they expose us to, here?   Rare cancers appear rampant here - especially those of the brain, the throat and nasal cavity.  Children born to women who lived along the river in the 1990's had horrible teratogenic birth defects.   It is common to know a young mother with a child whose skull is completely fused.  Even the Federal State Dept. in 3/2005 said that Federal Workers next to the Asarco stack at the IBWC American dam site were sick, it was not their imagination and that they could not get independent medical review in the entire region.

The International La Paz Accord Joint Advisory Committee agreed in a resolution a year ago that chemical-background testing needs done.  Nothing has happened despite this group being chaired by the EPA.

Meanwhile we live next to the smelter, we remain sick, and after five years of research we are no closer to the facts and the truth of what dioxin, pcb, polonium, mercury and metals-isotopes are out there around the site than we were before.  The TCEQ and ASARCO recently *refused* to share split-samples with a long-standing and respected community group.

It is appalling and this Mexican-American Community deserves better.  When will our nation's top officials take honest action to help this community and to ensure honest oversight of the Asarco bankruptcy through its DOJ trustee??

Fraudulent concealment of the unmanifested toxic-wastes burned by ASARCO continues....

The bids roll in, and the bankruptcy court, the EPA and the DOJ continue to ignore the now-public EPA-DOJ Asarco confidential-for-settlement-purposes-only document (1998) that a DOJ Attorney released to the public in 2006:

Why is this allowed to happen in our Bankruptcy Court?  Why can't the new DOJ Administration do something about this?   The secret unmanifested toxic-wastes from both military and industrial sources burned by Asarco in El Paso TX and E. Helena MT for nearly ten years IS STILL BEING IGNORED by the bankruptcy proceedings.  

As Rep. Reyes said, ASARCO paid MILLIONS on the condition that details of what it had done would never become public.  Apparently the DOJ, the EPA and Asarco all want to pretend that someone honest in the DOJ never made that confidential-for-settlement-purposes-only document PUBLIC.

The Bankruptcy court is NOT considering the liabilities to Asarco from the years Asarco burned secret military wastes for profit.  And the EPA is not testing for the poisons that would remain here from those illegal activities.

But the bids for Asarco heat-up as the Bankruptcy winds to a close, and the bottom-line of Asarco is being "cleaned up".

Carlye Group owns 20% of Grupo Mexico (who controls Ferromex/UP railroad that will put a new international line through the port of entry just next door to the old ASARCO stacks) and Carlye owns CSX railroad along the USA 300-mile wide eastern seaboard.   Top executive(s) for the founder of Verde group now run Carlyle USA realty group.

What is coming down, here? 

Google News Alert for: asarco

Sterlite Matches Grupo Mexico Offer on Asarco Debts Bloomberg Under the plan, Sterlite would guarantee to pay unsecured debts of Asarco LLC that are ultimately considered legitimate by US Bankruptcy Judge Richard ... See all stories on this topic

Fraud at East Helena MT ASARCO

-------- Original Message --------

Subject:	Fraud at East Helena MT ASARCO
Date:	Tue, 18 Aug 2009 19:27:12 -0600
To:	wardell.john[at]epa.gov, jackson.lisa[at]epa.gov, AskDOJ[at]usdoj.gov, thornton.wood[at]oag.state.tx.us, Kevin McCalla <KMCCALLA[at]tceq.state.tx.us>

To:  John Wardell
Fr:   m.s. biological sciences
sb:   The ASARCO stack demolition (http://www.helenair.com/video/#vmix_media_id=5631232) and concealment of the toxic waste

How could the EPA calmly talk about the East Helena ASARCO stack demolition when frauding the community?   The EPA has ignored the unmanifested/secret toxic wastes that the EPA notified the DOJ (1998) in a confidential-for-settlement-only-document had been handled and burned at Asarco El Paso TX and East Helena (see http://archives.newspapertree.com/Asarco/asarco_1998_memo.pdf )

That DOJ document is no longer confidential -- it is a PUBLIC document, and the EPA should act as if this information is now public.

The video (http://www.helenair.com/video/#vmix_media_id=5631232) shows the massive dust-cloud raised by the ASARCO stacks-demolition.  The still-concealed and secret (unmanifested) toxic wastes would have been in that dust, and likely have been spread around the small town in nano-particulates (smaller than PM2.5's). 

The EPA is responsible for the protection of this community, and in my opinion has failed East Helena.

We suspect that Asarco El Paso handled Rocky Flats plutonium site wastes; and, we know for a fact that Asarco El Paso (and likely Helena) handled Rocky Mt. Arsenal materials.  The EPA-DOJ document (above) lists many more of the (known) sources -- a lot of it was unmanifested and secret.

The Beta-radiation levels in El Paso Texas right before ASARCO closed were the highest in the U.S.A.  

It was irresponsible to take down those stacks without disclosure of what ASARCO left in our communities from the nearly ten-years of secret toxic-waste burning.  Cleveland Wrecking executives were notified before the stacks came down, and still went through with this action.

Turning point: Asarco plant demolition ends an era Trading Markets (press release) They knew the plant was being dismantled, but the stacks coming down were an in-your-face reality check that Asarco is history. ... See all stories on this topic

---

Asarco attorney represented creditors against Lehman Brothers, including METLIFE (whose CEO now runs the bailed out AIG Insurance Company)

"Grupo Mexico sweetens its bid for Asarco

Tue, 08/11/2009 - 5:30pm

The parent of Asarco LLC has raised its bid yet again for the bankrupt copper mining company, this time to $2 billion, by increasing the amount of cash it contains to $1.72 billion. Under the plan proposed by two units of Grupo México SAB de CV, Asarco Inc. and Americas Mining Corp., the parent increased the cash portion of its bid $257.5 million to $1.72 billion from $1.4625 billion, according to Grupo México's attorney, Robert Jay Moore of Milbank, Tweed, Hadley & McCloy LLP. This is a free content preview."
http://www.cbspevc.com/site/aggregator/sources/2?page=2

Robert Jay Moore was "Proposed Counsel for Official Committee of Unsecured Creditors of Lehman Brothers Holdings Inc." (see http://amlawdaily.typepad.com/Milbank.pdf) ..."On September 17, 2008, the United States Trustee filed the Appointment of Committee of Unsecured Creditors (docket no. 62), and thereby appointed the Creditors’ Committee consisting of:
(i) Wilmington Trust Company, as Indenture Trustee;
(ii) The Bank of NY Mellon;
(iii) Shinsei Bank, Limited;
(iv) Mizuho Corporate Bank, Ltd., as Agent;
(v) The Royal Bank of Scotland, PLC;
(vi) Metlife; and
(vii) RR Donnelley & Sons.

On September 17, 2008, the Creditors’ Committee duly selected Milbank as counsel to represent it during the pendency of the Debtors’ chapter 11 cases. RR Donnelley & Sons and The Royal Bank of Scotland, plc subsequently resigned as members of the Committee and on October 3, 2008, the United States Trustee filed the First Amended Appointment of Committee of Unsecured Creditors (docket no. 592) appointing The Vanguard Group Inc. and Aegon USA Investment Management as additional members of the Committee."

"Benmosche, a former MetLife Inc. chairman and CEO, was named president and CEO of AIG on Aug. 3 [2009]. He replaced CEO Edward Liddy, former CEO of Allstate Corp., who took over last fall after the government rescued the New York-based insurer."
http://www.newsmeat.com/news/meat.php?articleId=56902808&channelId=2951&buyerId=newsmeatcom&buid=3281

Grupo Mexico (20 % owned by the Carlyle Group -- and which controls Ferromex/UP railroad )

Google News Alert for: asarco

Grupo Mexico Raises Cash Offer for Asarco to $2.2B New York Times By AP DENVER (AP) -- A Mexican mining company raised its offer for Asarco LLC to $2.2 billion in cash Monday in an attempt to wrest control of the bankrupt ... See all stories on this topic

Investor who controls a Swiss Bank called ASARCO "facing foreclosure seeks protection from creditors"

http://www.chicagobusiness.com/cgi-bin/news.pl?id=34626

"Foreign investor Mikhail Katamanin, who in May was hit with a $12-million foreclosure lawsuit on his Highland Park mansion, filed a personal bankruptcy petition June 6 in U.S. Bankruptcy Court in Chicago. The little-known investor listed assets of $1 million to $10 million and liabilities of between $10 million and $50 million, according to the filing. His debts are described as “primarily consumer,” and the list of creditors includes Atlantis at Paradise Island Resort & Casino in the Bahamas, Caesars Palace Las Vegas Hotel & Casino and Trump Taj Mahal Casino Hotel in Atlantic City. Chicago lawyer Kori Bazanos, who represents Mr. Katamanin, declined to comment.

Related story: Lender asserts claim on lakefront mansion " (follows below)

"May 19, 2009

By Samantha Sleevi

Lender asserts claim on lakefront mansion

(Crain’s) — A Caribbean investment company has sued to collect on a $12-million loan to a little-known investor, asking the court to put a lien on a lakefront mansion in Highland Park.

Foreign investor Mikhail Katamanin took out the short-term loan in March 2008 from Plymouth Consultants Ltd., which is based in the British Virgin Islands, according to a complaint Plymouth filed May 1 in Lake County Circuit Court. The loan, which initially charged 15% interest, wasn’t paid off when it came due Jan. 7, Plymouth alleges.

Mr. Katamanin failed to put up as security a nearly 7,000-square-foot home at 975 Sheridan Road, as required by the loan, the complaint says. As a result, Plymouth is asking for a court-ordered lien on the two-story house, which has 4½ bathrooms, two fireplaces and a brick exterior, according to the Lake County Assessor.

The reason for the loan is not disclosed in the complaint. John F. Kennedy, a partner with Chicago firm Shefsky & Froelich Ltd., which represents Plymouth, declined to comment.

The property is held in trust by Swiss company Asarco A.G.[this BANK lists Asarco llc and Asarco SA under its nomiker], which Mr. Mikhail controls, according to the complaint and public records.

Mr. Katamanin lives next door, at 985 Sheridan Road, a 10,555-square-foot mansion with 5½ bathrooms, two fireplaces, a pool and a stucco exterior, according to the assessor.

Mr. Katamanin did not return calls requesting comment. Northbrook lawyer Irving Drobny, who represents Asarco, is out of the country until next week, according to employees at his office.[Irving Drobny also represents the Royal Family of Vietnam]

Mr. Katamanin has made two interest payments totaling about $1.67 million, according to the complaint.

The claim also is to be arbitrated in Switzerland, according to the complaint."

Greenfield environmental Trust Group is trustee for the East Helena site (also burned the secret-stuff)

In Montana (like here) Asarco is transferring the deed to the still secret-toxic-wastes to the PUBLIC.  (WAKE UP EL PASO!!!!!)   And they plan to sell off parcels (sound familiar?) and even talked about using the ground-up slag for sand-traps at their golf-course ...
http://www.missoulian.com/news/state-and-regional/article_fda17544-8aa5-11de-9003-001cc4c03286.html

"Wardell is optimistic of future redevelopment too, especially once the bankruptcy proceedings end and it's clear who owns Asarco. A legal agreement already has been reached - but won't be instituted until the bankruptcy is completed - that the Asarco-owned lands in Montana will be deeded to a custodial trust, owned by the public and managed by the Boston-based Greenfield Environmental Trust Group.

The group can sell the lands, including parcels that create a band of currently unusable property around East Helena that has stymied expansion of the community. Money from the sale would go back into the custodial trust, and used to pay for some remediation costs - including underground arsenic and selenium plumes - plus the cost of administering the trust.

In addition, the court-approved settlement calls for $5 million in compensatory fees to be put into a separate trust and used for things like wildlife improvement projects or acquisitions for recreational purposes in the East Helena area."

see
http://archives.newspapertree.com/Asarco/asarco_1998_memo.pdf

for more information about what they are all covering-up.... the details of what they did are still being covered-up and the public still needs to know what chemicals are involved

Helena Stack were demolished , and the Secret Toxic wastes remain secret

http://www.missoulian.com/news/state-and-regional/article_fda17544-8aa5-11de-9003-001cc4c03286.html


-------- Original Message --------

Subject:	East Helena Stack demolition -- important information for Cleveland Wrecking Co.
Date:	Tue, 11 Aug 2009 13:14:33 -0600
To:	Jim_Sheridan[at]urscorp.com
CC:	AskDOJ[at]usdoj.gov, thornton.wood[at]oag.state.tx.us, jackson.lisap[at]epa.gov, john.harrington[at]helenair.com, Diana Washington Valdez <dvaldez[at]elpasotimes.com>, dcrowder[at]epmediagroup.com, Piper.Bonnie[at]epamail.epa.gov, Bill_Torres[at]urscorp.com, Joe_LeClair[at]urscorp.com, Steve_Sheridan[at]urscorp.com

To:  Mr. Sheridan, President of Cleveland Wrecking Co.
Fr: 

Please look through this formerly-confidential-for-settlement-purposes-only EPA document to the Federal Dept. of Justice written in 1998 and kept secret until 2006:  http://archives.newspapertree.com/Asarco/asarco_1998_memo.pdf

This document will let you know that the EPA said ASARCO secretly burned illegal toxic wastes for profit for nearly ten years and that some of that went to the ASARCO Helena smelter. 

This settlement-document is now a public document; but, Asarco and the EPA/DOJ are continuing to act as if this document never was released, and that the illegal near-decade of unmanifested-waste-burning never happened.  Rep. Reyes (Chair, House intelligence committee) was quoted saying that Asarco paid millions of dollars on the condition that details of what it had done would never become public.

Your workers will be exposed to whatever chemicals have been left in that community from ASARCO's illegal activity -- and it could contain anything -- some of those sources you will see in that document are military, some are industrial.    The wastes Asarco secretly burned and handled were unmanifested and could have contained anything:  actinides (radioactive alpha particles or other particles), dioxins, pcb's, polonium, etc.   The EPA has never revealed what these chemical-values are for the community.

The stacks should not come down, in my opinion, until the EPA does independent-stack-sampling of the residues left inside the stacks from ASARCO's illegal activities; and, until all workers are equipped with white-haz-mat suits with independent-oxygen-support.    Even with that done, the demolition of the stacks will potentially expose the community to the secret chemical wastes, in the resulting dusts.   And, that demolition-waste should not go to any landfills without the EPA, ASARCO and the DOJ revealing to us what is in that waste.

I feel that your company should have been notified about this document, and that you should not demolish the stacks without the facts in front of you. 

Groundwater arsenic throughout ground/surface water at E Paso TX Asarco site

To: Lorinda Gardner [tceq regional director, El Paso TX]
Sb:  Response to Lorinda Gardner's three emails sent 2:36 pm 12-Aug-09

Ms. Gardner, you and Asarco have denied our community group's (SPGEG) request.   We asked for split samples.  We asked for funds to run the tests at a lab of our choice.

You (TCEQ) are denying this request unnecessarily in favor of the industry who the EPA let us know burned the secret toxic waste here for a decade.   I would like an explanation for why the TCEQ invented a road-block.   Your actions throw suspicion on any further testing that the TCEQ may claim to "independently" conduct at Asarco and suggest there may be conflicts-of-interest about coming-clean with the Paso del Norte community.  

The TCEQ and its attorneys are quite aware of the formerly-confidential-for-settlement-purposes-only EPA document to the Federal DOJ (http://archives.newspapertree.com/Asarco/asarco_1998_memo.pdf) in which the EPA said Asarco burned unmanifested toxic wastes for profit for nearly a decade.  Rep. Reyes (Chair of the House Intelligence Committee) stated on record that Asarco paid millions on condition that details of what it had done would not become public.   However, this document is now a public document, and the secret of the terrible chemical contamination of our community and watershed is out.

NOTICE: THIS WILL DIRECT YOUR ATTENTION TO UNITED STATES V. PANARELLA, 277 F.3^RD 678 AND UNITED STATES V. GRAY, NO. 95-50533, SEPTEMBER 18, 1996.  IT IS REQUESTED THAT NO PERSON WHO EITHER KNOWS, OR SHOULD KNOW, THAT ANY ASARCO CONTAMINATION OF CORPUS CHRISTI OR PASO DEL NORTE REGION IS BEING CONCEALED PARTICIPATE IN ANY FURTHER ACTION IN THIS MATTER.  THIS REQUEST INCLUDES, BUT IS NOT LIMITED TO THE ATTORNEYS AND OTHER REPRESENTATIVES OF ASARCO.

TCEQ "overlooks" open-records-request about selection of ASARCO trustee

Michael,
This is the first time (and in over 5 years of many PIA requests) that the TCEQ has lost a PIA from me.   You lost it until *after* the bankruptcy hearing.   Now, the TCEQ wants to charge me for copying?   Not only are fees waived (you are incorrect) but I am a member of a long-standing group [...] and the TCEQ could EASILY waive fees because of that if they wanted to.

"In response to another request, all submittals for the trustee position are available for review in the regional office."  Why did it take so long for anyone at TCEQ to tell me that??  I asked not only in June - but my previous trustee PIA was received by the TCEQ in Feb/March!!!!

You can likely understand that I am incredulous at your response.  I appreciate the information you attached and look forward to receiving copies (free) of the remainder. 

-------- Original Message --------

Subject:	Open Records Request for TCEQ ASARCO El Paso
Date:	Mon, 10 Aug 2009 09:01:58 -0500
From:	Michael Chamberlain <MICHAMBE@tceq.state.tx.us>

I have been working with our PIA staff in looking into this request. Evidently, it was inadvertently mixed in with another request on receipt and was overlooked.  While you are correct in that untimely action on the part of TCEQ can waive some confidentiality, it does not waive copying charges.  That said, in this instance, you may be able to work out an accommodation with your regional office as to the documents held in that office.

 

In response to another request, all submittals for the trustee position are available for review in the regional office.  However, to keep negotiations with a proposed trustee competitive, these do not include fee information.  If you would like the fee information, I would be happy to forward that to the regional office as well, we just ask that you do not distribute it to keep negotiations competitive.  I have also attached several documents that may be responsive, including ones that would usually be held back as drafts.

 

Please let me know if you have any questions.

 

Michael S. Chamberlain, J.D.

Legal Assistant

Texas Commission on Environmental Quality
Office of Legal Services
General Law Division, MC-173
P.O. Box 13087
Austin, Texas  78711-3087
512-239-0478
Fax: 512-239-0606
michambe@tceq.state.tx.us

***CONFIDENTIAL CLIENT/AGENCY COMMUNICATION***

REP Please consider our environment before printing this e-mail or any attachments.

>>> > 7/22/2009 10:08 AM >>>
Thanks, Lorinda,
Would you get the records officer to send me a reply from their office?

What they have done by not replying, and by over-extending the legal deadline, I believe, is make all information available to me even what they might have been withholding (confidential information) about the additional trustees.  Also, it means that all fees are waived.  

Would you send me a copy of the documents if this is correct and the fees are waived?  I don't have money for xeroxing and if I need copies would have to bring a small xerox machine into the office and copy one page at a time. 

thank you,

-------- Original Message --------

Subject:	Re: [Fwd: Open Records Request for TCEQ ASARCO El Paso]
Date:	Wed, 22 Jul 2009 08:04:49 -0500
From:	Lorinda Gardner <LGARDNER@tceq.state.tx.us>

 

The records arrived in my office this week.  They are available for viewing.  I will get you an estimate for copies and electronic copies today.

 

Thanks

Lorinda D Gardner

Texas Commission on Environmental Quality

El Paso Regional Director

lgardner@tceq.state.tx.us

915.834.4951

>>>  7/21/2009 11:34 PM >>>
Hi,
I have not gotten a reply to this public info. request.  Would you send me an estimate of the time it will take you to reply?  It has been quite a while.

thank you,


-------- Original Message --------

Subject:	Open Records Request for TCEQ ASARCO El Paso
Date:	Mon, 22 Jun 2009 23:24:41 -0600

Hello, P.I.A. Officer:

Would you please send me the update for this open-records request below, about the custodial trust information and let me know if the cost exceeds 25$ for this information.  I understand that since I made the original request that the list of possible trustees has expanded from ten to twenty-five.  

Also, please make sure that I am sent updates on this subject --- because I am on the list for all TCEQ updates, and still did not get this updated information or notification it was available to me at the local office ("Under the TX Public Information Act, I would like to be placed on a mailing list for all updates to the upcoming funding and formation of the custodial trust for demolition of the ASARCO El Paso plant, and remediation of the site; and, be able to see any public-information on this from 3-1-08 through the current date through my regional office.")

I am a long-term member of several community groups active on the Asarco issue for years, and respectfully ask that any fees be waived because this is for the public interest and not for personal gain.

thank you,




-------- Original Message --------

Subject:	Open Records Request for TCEQ ASARCO El Paso
Date:	Sat, 14 Feb 2009 22:38:08 -0700

To:  Public Records Officer

sb:  ASARCO El Paso

A recent news article in El Paso TX stated that:

“ASARCO is working with the state of Texas to fund a custodial trust for the demolition of the plant and remediation of the site. Any custodial trust must be approved by the bankruptcy court that is overseeing ASARCOâ€Ts reorganization effort.

“We will not comment further on any specific details that are part of the bankruptcy process.”

Under the TX Public Information Act, I would like to be placed on a mailing list for all updates to the upcoming funding and formation of the custodial trust for demolition of the ASARCO El Paso plant, and remediation of the site; and, be able to see any public-information on this from 3-1-08 through the current date through my regional office.  

Also, I would like to know why, when I was on a list for notification to changes to ANY Asarco El paso permits, that I have received no notice from the TCEQ that any ASARCO permits have been revoked but read it in the newspaper last week.   I would appreciate an update on the ASARCO water permit and ore handling permit (#4151), in particular.  Are these permits still in effect? 

In addition, I would like a digital (cdrom or dvrom) copy of all of Mr. Brad Wilkinson's emails and correspondence and phone logs in any reference to the ASARCO El Paso toxic-waste pyramid (and its contents) that was recently covered with asphalt after being capped with clay, plastic and more clay.  This was formerly the ASARCO pond that handled overflow from the Asarco plant - including its electric plant; and the same pond that was dredged and its dirt shipped back to Corpus Christi TX for disposal at the TX US Ecology waste site.

Finally, I would like a digital (cdrom or dvrom) copy of all of Mr. Brad Wilkinson's emails and correspondence and phone logs from 10/1/2006 to current date regarding mention to any of the following nine metals/chemicals in relation to the ASARCO El Paso site (see list below).   These metals/chemicals might be referenced within the email etc. by their chemical symbols and/or chemical names, too.   This is not an idle request- some of these have been reported in huge amounts from the overflow of the ASARCO storm ponds.

If any of the information cannot be released to me in whole or in part because of confidentiality, please list those documents in question.

I ask that you notify me should the charges exceed 25$.
thank you,


List of chemicals (9)
Beryllium
Barium
Cesium
Hafnium
Mercury
Strontium
Thallium
Uranium
Vanadium

The other principal bond-holder for ASARCO...

"...Plainfield Asset Management LLC was founded in February 2005 by Max Holmes [the ASARCO El Paso air hearing was held around 5/2005].  The firm manages investment capital for institutions and high net worth individuals based in the United States and abroad.  Plainfield currently employs over 130 people among its three offices in Greenwich, Connecticut, Summit, New Jersey and London, England.

Plainfield Asset Management LLC is a registered investment adviser with the United States Securities and Exchange Commission.  Plainfield Asset Management LLP is authorized and regulated by the Financial Services Authority in the United Kingdom.  Plainfield is a QPAM for ERISA fiduciaries.  The firm's accountants are PricewaterhouseCoopers LLP.  The firm's prime brokers are Goldman Sachs & Co., Deutsche Bank Securities Inc., JPMorgan Prime Services and Citigroup.  The firm's principal lawyers are Seward & Kissel LLP."

STILL NO ONE TALKING about the now public DOCUMENT in which the EPA told the Federal DOJ that ASARCO had burned secret toxic-waste for nearly 10 years.....

SO WHY ISN'T THE DOJ AND THE COURT LOOKING at the liabilities from this secret toxic-waste????

"

Objections Pour In Over Grupo Mexico's Asarco Plan Bankruptcy Law 360 (subscription) Law360, New York (August 06, 2009) -- A flood of objections have come in against the parent company of Asarco LLC, which filed one of three competing ... See all stories on this topic

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 This as-it-happens Google Alert is brought to you by Google."

"Law360, New York (August 06, 2009) -- A flood of objections has come in against the parent company of Asarco LLC, which filed one of three competing reorganization plans for the bankrupt copper mining company.

The deadline for filing objections to the plan was Wednesday..."

[Fwd: Re: El Paso Times article and question]

-------- Original Message --------

Subject:	Re: El Paso Times article and question
Date:	Thu, 06 Aug 2009 17:33:34 -0500
From:	Lorinda Gardner <LGARDNER[at]tceq.state.tx.us>

Attached please find groundwater semi-annual sample results for the ASARCO El Paso site which were recently obtained from ASARCO.  The results cover the years 2005-2008 (the 2009 results are not yet completed).  Please note that the attachment includes data as received from ASARCO and data that has been adjusted by my staff to make the charts readable (tabs 2005, 2006, 2007).  None of the data has been changed other than to adjust the format.

 

You asked "WHAT TCEQ tests on the "smelter's impact on groundwater" have been
completed.  And do these tests include hexavalent chromium?"  You have access to data on the Agency's ASARCO web site and the attached groundwater samples.  These data sets do not include hexavalent chromium.  The Agency's regional staff are currently conducting a split sampling event at the ASARCO El Paso site.  Hexavalent Chromium tests are planned for this sampling event.

 

You also asked "I would also like an explanation why the TCEQ never mentioned these
tests when many of us were just there talking with the TCEQ?  How much
more information is being left out?"  There was never an intention to leave information out of conversations either written or verbal.  The data is essentially considered as a set and all of it was used by ASARCO in the assessment of the site.  In the interests of transparency, we will post the data to the website as soon as possible.

 

Additionally, I've attached surface water sampling results as well.  You may have seen these before as they were included in Jim Sher's expert report for the bankruptcy litigation.  Note that there are exceedances for arsenic in the Rio Grande and the American Canal.  The TCEQ's planned remedy for the site addresses contamination reaching these water bodies from the ASARCO site.  Prior to the implementation of that remedy, we do not think these exceedances pose a problem for El Paso's drinking water for two reasons: 1) the closest drinking water intake is located approximately 2 miles from the site; and 2) El Paso treats water to drinking water standards prior to delivery to customers.

 

 

Thanks

Lorinda D Gardner

Texas Commission on Environmental Quality

El Paso Regional Director

lgardner[at]tceq.state.tx.us

>>> <> 7/17/2009 9:41 AM >>>
Hi, Lorinda,

Please explain the following to our community.  According to the El Paso
Times yesterday, "In addition, tests in El Paso to determine the
smelter's impact on groundwater have been completed. The Texas
Commission on Environmental Quality is reviewing a proposed treatment
plan to deal with contamination caused by the smelter."

WHAT TCEQ tests on the "smelter's impact on groundwater" have been
completed.  And do these tests include hexavalent chromium?

I would like a copy of the tests and test results (please let me know if
costs will exceed 25$).

I would also like an explanation why the TCEQ never mentioned these
tests when many of us were just there talking with the TCEQ?  How much
more information is being left out?

USW also fails to talk about the secret Toxic Waste!!!

"Google News Alert for: asarco

(AMM) USW objects to Grupo Mexico's Asarco bid Metalbulletin.com (subscription) ... as promised, with the US Bankruptcy Court in Corpus Christi, Texas, against Grupo Mexico SA de CV's bid for bankrupt copper miner Asarco LLC. ... See all stories on this topic

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