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Saturday, December 30, 2023

Asarco comment see #3

 Asarco comments 3 and 10


PUBLIC SCOPING MEETING #2 COMMENT AND RESPONSE REPORT

Loop 375 Border Highway West Extension Project

December 8, 2011

Page 1 of 19

The following are the six questions asked in the Comment Form (please see Appendix E to view the full form).

1. For each of the recommended reasonable alternative segments listed below, please indicate your preference by checking a box and stating any specific comments.

2. Do you own/lease property within the study area?

3. Are you aware of any areas that we should be avoid that are not shown on any of the exhibits? (i.e. cemeteries, hazmat sites, historic structures, etc.)

4. Do you have any comments on the Need and Purpose for this project?

5. Do you have any comments on the Project Coordination Plan?

6. Use this space to provide any additional input or concerns. Be sure to identify if your comment is related to a specific alternative.

# Name Verbal/ Written Comments TxDOT Response

1 Michael O.

Herrera,

CNU‐A

The only statement that I have is that I want to make sure that all

consideration is being given to transit to avail itself of the loop

that is going to be created This will help us to move the

population expeditiously and be able to keep them off the road

so therefore improving the function of the highway that’s going

to be developed, helping congestion by moving people through

mass transit.

Comment noted. The transit alternative solution was

considered in the previous major investment study conducted

in 1999 and was not recommended as the appropriate

solution to handle the need for a controlled‐access facility and

parallel alternate to I‐10 to alleviate current congestion.

Transit has been carried forward by others such as the city of

El Paso as separate projects.

2 Osvaldo Velez Well, my comment is that to do a side street on 375 coming in

from the – from the east and opening the – if it’s possible, Coles

Street and –we, Park Street is already open but leaving Park

Street, Campbell, Kansas, Mesa, Oregon and Santa Fe open so we

can have access to Segundo Barrio and we can have access going


3 Heather

McMurray

I've been researching ASARCO for seven years now. I have a

master's in biology, I'm a certified high school science teacher. I

was a member of Get the Lead Out when we went to the air

hearing for ASARCO's permit in 2005, and kept researching

ASARCO working with the group in Sunland Park called the

Sunland Park Grassroots Environmental Group.

We discovered that people weren't being told everything about

Verbal/ Written Comments TxDOT Response

the contamination at ASARCO. And in 2006 I was able to get a 73‐

page confidential for settlement purposes only EPA/federal

Department of Justice/ASARCO document from the ‐‐ someone in

the Department of Justice under a Texas Public Information Act

request.

The document told us that in no uncertain terms that ASARCO

had been running a multistate illegal, unpermitted hazardous

waste incinerator for almost ten years, maybe longer. We know

that they ran it between 1991 pre‐ConTop  ‐‐  the ConTop

furnaces, spelled C‐0‐N‐T‐0‐P. They had the world's two largest

ConTop furnaces from ‐‐ so from 1991 to 1998.

Representative Reyes went on record with the El Paso Times

after I got this document in 2006. He said that ASARCO had paid

millions on the condition that the details of what it had done

would never become public. We've been after the details now

since I got that document in 2006. It's been five years. We've

dealt with two different EPA administrations, the recent one for

two years, and we still don't have the details of what they did.

We are still asking for the manifests that were listed by number ‐‐ 

ID number in that confidential 1998 document.

If TxDOT, the EPA, TCEQ and other companies and agencies ‐‐ for

instance, Grupo Mexico who bought ASARCO in 1999  ‐‐  if all of

them had to deal with the facts publicly, the details of what

ASARCO had done, none of this would be possible. None of this

highway development by or through ASARCO could happen

without the proper cleanup. In other words, they're getting away

with ignoring some pretty toxic material, and this happened

because the federal Department of Justice allowed the ASARCO

bankruptcy court to skip, go  ‐‐  to skip or ignore the ASARCO

liability from the materials it handled between 1991 and 1998.

They were never discussed during the bankruptcy, never brought

up in the bankruptcy and they were never assigned any damage,

you know, the payment that they had to make to remediate

these materials.

It was, as Representative Reyes said, that they had made a deal

to keep the details secret. And we believe that it's because we

now know ASARCO was disposing of Department of Energy

wastes and so were several of the companies caught sending

materials here to El Paso for illegal incineration. So every time

they move dirt in this area, every time anyone works in this area,

anytime anyone drinks water taken from this area we run a risk

of encountering one of those hazardous wastes that nobody

wants to talk about and that they refuse to test for.

What's happening is that they want this land development so bad

and they want the port of entries developed so badly and the

railroads to go through and all this development to happen that

everyone is willing to just ignore the fact that ASARCO burned

the stuff for nearly ten years, it's here and that ignoring it isn't

going to make it go away. And if they want to construct these

highways properly, if the EPA wants to deliver honest science,

then they will tell us what these materials are instead of

spending over‐‐  almost $500,000 on testing and not finding

anything is what's happening with the cleanup. They would

spend 20,000 to get a complete list of the metals present at the

site like at least one resident has done here, and they haven't

done it.

They refuse to let us get samples of a distillation unit that

handled the water for the entire plant that was removing low

level radioactive waste from the plant's process water. And then

when they demolished it, got rid of it, sold off the metal,

whatever, then they said to us, Tell us where to test to find this

stuff. So what they're doing is getting rid of the stuff and making


it harder for the average citizen to ever be able to prove the stuff

is floating around down there.

And we rely on our government to deliver honest services, to

provide honest science, to disclose what hazardous materials are

present, and I was really sad to see on one of these charts that

some of the options going through or near the ASARCO site claim

that there weren't hazardous materials present. And I'm like,

How can they say that? Everything within nine miles of the

smelter is contaminated.

And if you look at the ASARCO Tacoma, Washington, smelter,

their contamination went out 30 miles. So it's a bad situation. We

do need transportation options, but we should be planning these

with the knowledge of what we're actually dealing with, not just

ignoring the problem that is there.

They're going to end up putting these roads in that they've

shown here, they've discussed it with city council. Representative

Pickett said that he would hold ASARCO's feet to the fire and he

never did. They claim that voters get to vote on these options,

they claim that this is a public hearing when it's a series of charts

and you get to make comments and the comments are never

really ‐‐ never really make any impact on these designs. They' do

what they want to do.

The area along Executive drive, west of Executive drive, has

already been platted and building has started there. All that the

city will recognize it's contaminated with is lead and it goes on

like that. I don't see how they can build here and protect the

workers building the highway and protect the residents' children

who will move into the area and protect the drivers driving

through from being exposed to this stuff for the next hundred

years unless they spend the money that they want to spend

making this highway on remediation of the site instead.

I heard that it will cost over 600 million to build all this. Well, why

aren't they spending the 600 million to clean up the ASARCO site

correctly and to protect our river from the plume that's

underneath ASARCO that's impinging upon the canal in the Rio

Grande as we speak? Why aren't they spending the money that

way? Why are they bringing more people in, creating a traffic jam

at this spot by building all these other parts of the outer circle

around El Paso and leaving this to last so that people  ‐‐ there's

this  ‐‐  going to be a traffic jam. And people will want it built

simply out of desperation because they can't get anywhere.

I think that the engineers involved aren't chemical engineers. I

think that the people in our government who have worked for

previous administrations and now this one don't care and I think

that it's wrong to build roads through this, disturb it, have

railroads going through it, have people living on it. And some day,

it may take a hundred years but ‐‐ you know, it's wrong to disturb

it. It should be left alone and made into a no man's land until it

has proper cleanup.

The EPA wants it demolished  ‐‐  ASARCO demolished as fast as

possible, to have it paved over to reduce the chances of our

exposure, but they won't say exposure to what. They're being

gagged by what Representative Reyes described, the millions that

ASARCO paid on that deal to keep the details secret. And yet

we're being exposed to this stuff and the people who build this

highway are too and the workers presently cleaning up ASARCO

are also. And it's a real shame. Why can't we down here along

the border get the same kind of expertise, the same kind of

access to science, the same kind of access to well thought out

projects that consider all their actual information, not just what

contractors want us to hear? Why on the border is it always this

way?

It's extremely frustrating to me. This is an environmental sacrifice

zone, environmental justice zone. It is being ignored by the EPA,

it's being ignored by the TCEQ and now it's being ignored by

TxDOT, and it's not being ignored by the community. Some day

someone's going to be accountable for the children who grow up

here who will be able to say they've only lived here and they're

neighbor only lived here and they grew up and they have all

these horrible things happening to them. And it  ‐‐  it's just a

legacy that we don't deserve down here. We don't  ‐‐  we

shouldn't have to live with.

They should be getting this  ‐‐ the kind  ‐‐ they should be getting

public comment before they start to design all this intricate stuff,

and they're not. It's all about people making money instead of

spending the money on our future generations, wisely growing

children who are healthy and removing the costs that we have to

deal with for children who have behavioral disorders, learning

disabilities, the social costs that go with that. It's wrong to pass

those costs on to families just so that contractors can make more

money planning all this.


10 Heather Mcmurray


No‐Build Alternative: Yes. Google ASARCO secret document.

Why doesn’t Texas spend the more than ½ billion dollars on

correct‐remediation of ASARCO site (see 73 page 1998‐Federal

DOJ Confidential for settlement purposes only ASARCO

document NY Times 10/06).

3) ASARCO and Trust not disclosing all HAZMAT materials.

4) The need and purpose are being created by building more

roads up to this project areas and ignoring the hazmat materials.

5) Not enough public input.

6) TxDOT EIS contractor testing for hazmat materials should 1)

Run a full metals panel (over 100 metals) and test pond sludge (at

ponding areas) down at least 3 ft with a core (not an auger), attic

dusts and/or slag (from 1991‐1998)

Protect workers with Hazmat gear.

-------------------

*****Comments noted.

a) To the extent the project would affect the ASARCO site,

TxDOT will investigate and document in the EIS any

relevant issues related to contamination. TxDOT has not

concealed and will not conceal any relevant information

regarding contamination that it may discover. TxDOT has

been proactive in engaging the public on relevant issues

related to the ASARCO site. A second Public Scoping******



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