Mr. Puga:
          Current research by M.D.'s (2009) show significant radon     contamination throughout El Paso - heavily associated with the dirt     outside of homes, and they recommend clean-up.  The levels are very     significant.  It is very interesting that you state "
El Paso County has low radon potential" when the medical         doctors are finding radon to be a huge problem here.  
         
         We already know from the EPA that El Paso TX had the highest         Beta Radiation levels in the nation just before Asarco El Paso         shut down in 2/99.  Mr. Bill Luthans asserted that this was         "naturally occurring radiation" (or "NORM"/"TENORM") and said it         was not a problem - but could not provide data to back-up his         statement that the radiation was not a problem.
            You are incorrect to state that "
Radon gas, which           is a naturally occurring substance, is not measured using XRF           methods".   Radon is an element that appears from radium         decay, and can be detected with many different methods.  It is         radioactive and hazardous to our health.             You did not provide any links or documents showing any XRF data from     ASARCO.  In fact, Asarco El Paso refused to allow XRF technology to     be tested on-site) to determine what chemicals have been left here     by the nearly ten years of illegal, untracked, incineration of both     military and industrial wastes for profit by Asarco El Paso.        
     I would like to know why Project Navigator continues to dodge the     question of the illegal chemical residues at the site.  I would like     Project Navigator to provide data showing the radon, radium and     radio-isotope levels at the site.       
       EPA has provided proof now that ASARCO handled radioactive       materials.           I would like to know who Mary Koks is (you copied her on your reply)     at 
<mkoks@munsch.com>; and, why you felt it necessary to also     copy the TCEQ attorney, Caroline Sweeney on your reply.  Are Radon     and NORM/TENORM at ASARCO something that Project Navigator is afraid     to discuss with the public?     
     Details about what chemicals have been left here by the nearly ten     years of illegal, untracked, incineration of both military and     industrial wastes for profit by Asarco El Paso continue to be kept     secret; but, such secrecy/gag is likely illegal now that the Federal     Dept. of Justice made the confidential-for-settlement-purposes-only     EPA-DOJ-Asarco agreement public domain.         
     Project Navigator should honor the intent of this     public-domain-release of information; and, also the La Paz Accord     JAC committee International Recommendation (to measure background     contamination levels).   To continue to withhold full disclosure     from the public about the poisons remaining around this site is     ethically and morally wrong; potentially places the elderly, the     young, the unborn and the ill in grave dangers that could be     averted; and potentially puts Project Navigator in the sad role of     making profits in a fake clean-up at the expense of our future     generations.     
     -------- Original Message --------                    
                                                                                           Hello  ---,
                
               Thank you again for your                     continuing                     interest in this project.  We offer the following                     responses to your questions:
                
                                - Laboratory-type X-ray                       fluorescence (XRF) methods were employed in the                       past by Asarco to measure metal concentrations in                       soils and slag. Any results relating to X-ray and                       other analysis reported to the various regulatory                       agencies are documented in the remedial                       investigation reports produced for the site. These                       reports are available in the public record from                       the TCEQ and on the Trust website.  
- Remedial contractors                       typically employ portable XRF screening tools for                       qualitative measurements during remediation of                       metal impacted sites.  The approved use of any                       analytical tools which may include XRF screening                       tools will be outlined in the appropriate work                       plans and procedures which will be posted on the                       Trust website. 
- Radon gas, which is a                       naturally occurring substance, is not measured                       using XRF methods, and in any case is not a                       constituent of concern at the site.  According to                       the Texas Department of State Health Services, El Paso                         County                       has low radon potential.  Outside ventilated,                       above-grade commercial buildings, which includes                       the plant office, (the only occupied building on                       the site) are generally not surveyed for radon.                        Since radon is not a constituent of concern and                       there is no indication of radon sources there is                       not a concern for radon accumulation.  Testing                       requirements for constituents in stormwater runoff                       are detailed in the site discharge permit, which                       does not include radon.
- The Trust has been                       extraordinarily transparent in all of its                       activities, and has posted requested information                       on its web-site.  The Trust will continue its                       policy as it completes its mission for the site.
- We advise every one of the                       potential hazards at the site, and our Health and                       Safety program mandates training, personnel                       protection and monitoring for workers that may                       come in contact with constituents of concern.
 
               Regards,
                
               Roberto Puga
               Trustee
                
                                                       
                     
                 From: 
                       Sent:                       Saturday, September 18, 2010 
                       To:                       Roberto Puga; Elizabeth                         Schell
                       Subject:                       Testing at Asarco: Has                       XRF been used and if not, why 
                                
               To:  Project                     Navigator
                     Fr:  ---
                     sb:  XRF technology
                     
                     Has XRF technology been used to test at the ASARCO                     El Paso site, and if not,                     then why not?
                     
                     If XRF technology has been used then please advise                     us to the results of that                     testing.
                     
                     XRF can detect Radon (element #86).  It is                     radioactive and is a known                     health hazard.  What were the results for Radon                     within the buildings and                     for the run-off/effluent water from ASARCO?
                     
                       Do I need to force further disclosure through a                       P.I.A. or FOIA?                      Please let me know. 
                     
                     Please also advise your potential contractors about                     the years of illegal                     toxic-waste burnings at Asarco; and, also advise                         any potential Project Navigator-UTEP interns of                         child-bearing-age of                     these chemicals.
                     
                     - ---