December 2006 the TX US Ecology Attorney's response when I tried to get the chemical analysis of material sent to their facility from our Asarco El Paso 100 year old pond

Date:	Mon, 18 Dec 2006 13:42:20 -0700
From:	Wayne Ipsen <WIPSEN[at]americanecology.com>
CC:	Ken Knibbs <kknibb[at]usecology.com>

You have requested that our subsidiary US Ecology Texas, LP provide directly to you a specific Waste Product Questionnaire, identifying analysis and any applicable Material Safety Data Sheet(s) related to an ASARCO waste stream.  As Mr. Knibbs has state previously, in the interest of our customers, our general policy prohibits release of customer information to third parties absent the customer’s authorization. You have sought this information under a Public Information Act Request submitted to the Texas Commission on Environmental Quality (TCEQ).  Absent (i) a written request from the TCEQ for USET to provide this information to its office or (ii) a subpoena by the appropriate authority to release this information directly to you, we are prohibited from making this information available.   

Regards,

 

Wayne R. Ipsen

Corporate Counsel

American Ecology Corporation

Phone 208.331.8400

Fax 208.331.7900

wipsen[at]americanecology.com

 

Sent: Sunday, December 17, 2006 4:07 PM
To: Ken Knibbs; bbrydson[at]tceq.state.tx.us; WWW - OPA; thornton.wood[at]oag.state.tx.us; Martinez, Javier; David Edmonson; Loretta Akers; SIlo[at]tceq.state.tx.us; WWW - OPENRECS

 

Dear Mr. Knibbs,
I have not gotten a reply from you since 12-12-06 and wondered if there was a problem.  All this back and forth communication is a waste of time when TCEQ should have requested this information from you directly in the first place.   I consider this a bad faith action since my original request to TCEQ was on 19-Nov-06;  and, I would like the chemical analysis released asap.

This is the same chemical analysis that I approached my elected official(s) about, many months back.  Surely someone has access to this analysis/analyses under under public-information-law without "clearing it" with the "client". 

If your company wants to show that it operates legally/above-board, then release the analyses to my regulatory officials and elected officials asap (which you indicated did not require the permission of the "client") so that I may get a copy via open records law.

Thank you

Thank you for your public information act request dated May 7, 2007 for a copy of a "paper read out" of spectrometer analysis of material excavated fr

texas commission on environmental quality Protecting Texas by Reducing and Preventing Pollution RECEIVED May 22, 2007 _{Senator Eliot} Shapleigh, District Off; Senator Eliot Shapleigh 800 Wyoming Ave. Suite A El Paso, TX 79902 Staff Assigned:.
Action:______

Re: Public Information Request received May 8, 2007 Dear Senator Shapleigh: Thank you for your public information act request dated May 7, 2007 for a copy of a "paper read out" of spectrometer analysis of material excavated from ASARCO's "100 year-old pond". On behalf of Executive Director, Glenn Shankle, I am providing the following information: Spectrometer analysis (paper read-out) has not been located/identified in TCEQ records regarding waste analysis to determine an appropriate disposal method for excavated material that may have been shipped off-site. Furthermore 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 TAG 335 Subchapter R: Persons who generate industrial solid waste or municipal hazardous waste shall comply with the provisions of this subchapter....... Persons who generate wastes 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 on going on site remediation activities can be found in Phase I thru Phase IV of the "remedial investigation reports" previously provided to you. Sincerely, Archie Clouse, Regional Director TCEQ, El Paso Regional Office CC: OLS, ED/GS reply To: region 6 • 401 E. franklin ave., ste. 560 • el paso, texas 79901-1212 • 915-834-4949 • fax 915-834-4940