Meta a.i. and other concerns with access to historic data

 ...try asking the meta a.i. for the url to this site, or its scribd link. Or, for the asarco secret document.  

Over the years it is getting buried by SEO $$$ (i wonder by whom? /S)

In another decade the toxins will still remain, but the data will not.  EPA has already erased the FOIAs, and actually claimed that for the last that WAS saved, that they had provided no response (they had).  Despite a phone conversation and verbal cooperation, the wa d.c. federal register foia attorney refuses to open the email containing photos of the response letter and its six dvds of searchable data.  The epa  database remains incorrect.  This is how they trash the data over time imho. 

In reply to recastingthesmelter statements that they are being transparent

 Posted

 https://www.recastingthesmelter.com/?p=1070&cpage=1#comments

5/2024

"The cleanup trustee and its attorney state that they have not hidden anything. Yet, they admitted that in reviewing all asarco invoices that they left out the invoices listed in the now public "1998 73-page u.s.

doj epa asarco confidential for settlement purposes only document " (withheld from public until 2006). The trustee and its attorney always refer to chemicals of concern, which do NOT include the illegal toxic wastes addressed in the 1998 document (above).  These invoices and the evidence they contain remain secret to this day. Rep Reyes told the el paso times (online edition) that asarco paid millions on the condition that the 1998 73-page us doj epa asarco confidential for settlement purposes only document would never see the light of day.  The clean up trustee and its attorney continue to ignore the contents of this" 1998 73-page us doj epa asarco confidential for settlement purposes only document" when answering ALL questions regarding the el paso asarco site. Moreover they insinuate that nothing toxic or illegal happened. BTW the epa publicly posted the beta radiation levels in el paso texas from beginning and end of 1998, declaring that these were the highest beta radiation levels in the usa that year, including oak ridge tn and hanford wa. It is mind boggling that the clean up trust denies this, when it was publicly posted information, and data from the very same year that the epa and us doj made the "1998 73-page us doj epa asarco confidential for settlement purposes only document" agreement to hide what asarco had been doing.  The community needs to know ,in all historical records, that these (secret)toxins would persist for many generations, many will offgas even thru asphalt (per a utep geologist) so that paving over site will not make it safe. People in community deserve the right to know, to have access to the still secret invoices (found in the 1998 73-page us doj epa asarco confidential for settlement purposes only document) so they may make best choices for their families.  "

About 2007 article claiming "feds-find-asarco-clean-on-hazmat-charges" 🤣 "

 Comment

https://www.elpasoinc.com/news/feds-find-asarco-clean-on-hazmat-charges/article_802ee13f-b8b7-5108-884c-36a51327977f.html

This article was written in 2007 shortly after Rep. Reyes asked the GAO to generally investigate military handling of wastes, with one example from asarco.  The GAO investigation was narrow and did not look at all the waste invoices (if any) listed in the "73 page confidential for settlement purposes only 1998 us doj epa asarco document".  Rep. Reyes was interviewed by the el paso times at that time and was quoted online as saying that "asarco paid millions of dollars on the condition that the [   "73 page confidential for settlement purposes only 1998 us doj epa asarco document"  ] would never see the light of day".  Asarco subsidiary encycle at corpus c risti (that railed materials to el paso and east helena mt) handled wastes from many other places than rocky flats (but the only example studied by GAO!).   This ep inc author trashes the "73 page confidential for settlement purposes only 1998 us doj epa asarco document". mcmurray uncovered in 2006 as being just "paperwork errors".  That is hilarious since the 1998 report lists pages of ***invoice numbers*** in the back of report, that neither ep inc or any other news source has published or investigated (except confidentially thru the us doj). We know the Toole UT nerve gas quench water came here. That hafnium containing materials (ie nuclear control rod material) also appears in higher dust concentrations the closer to asarco el paso stacks you get.  The epa itself published in 1998 that el paso tx had highest beta radiation levels in usa- higher than oakridge TN and Hanford WA!!  Yet this article written in 2007 choose to slant its reporting, trash the  "73 page confidential for settlement purposes only 1998 us doj epa asarco document". , and then ep inc author tried to reassure el paso that nothing had happened except clerical errors. Asarco could have written that news item, it was so positive.  Google (with quotes) "asarco secret document" and use the resulting internal search engine for more documentation. 

Now, somehow, when you try to search google in general for words asarco secret document (that used to pull up this documentation) this 2007 article pops up near the top of the SEO search engine optimization🤣. 

Now you have to put QUOTES around the phrase ' "asarco secret document" ' to find what you used to get google to pull up, for years.  Would like to add that Rep.Reyes' GAO investigation was NOT just an investigation of asarco, but just looked at several examples of how military handled toxic wastes.  The rocky flats example was one that asarco itself revealed at the 10/2006  international press conference.

Note: press conf. was one I organized at base of Asarco (press conf was backed by the kids's/mr moore esq. Sunland park environmental group & my Epgtlo group that began meeting when sen shapleigh's get the lead out group stopped gathering for long time) to cover the release of the  formerly secret 1998 73-page document

note: the invoices in "73 page confidential for settlement purposes only 1998 us doj epa asarco document".  STILL remain confidential...no news agency or clean up trustee EVER went after those. 

Note:  that former sen Shapleigh's publication covering asarco does not refer to the entire 73 page version of the asarco secret document, but truncated it, so I always refer to its page count.  

 

Asarco secret document being ignored, but toxins still here

 Reposted 5/2024 from:

THURSDAY, MARCH 22, 2018

From: "h m" <x.heather[at]gmail.com>

Date: Sep 12, 2015 10:20 PM

Subject: ATTN: Asarco Trustee; Rep. Beto O'Rourke; Reporter from El Paso Inc.

To: "Roberto Puga" <rpuga@projectnavigator.com>, <dcrowder@elpasoinc.com>, "Gaytan, Alejandra" <Alejandra.Gaytan@mail.house.gov>, <rgray@elpasoinc.com>

Cc: 

To: Attention of the Honorable Rep. Beto O'Rourke (c/o Alejandra Gaytan)

      Asarco El Paso Clean Up Trustee, Roberto Puga

      El Paso Inc.

Fr:  Heather McMurray, m.s. biological sciences

sb:  Sale of the remaining ASARCO El Paso smelter land (estimated current worth nearly 1/2 billion dollars)

Dear Sirs:

Please provide me with U.S. Mail Addresses to all the above so that I may send a copy of this letter to each of you through registered mail.

Below is a copy of a statement dictated to the Hon. Rep. Beto O'Rourke's staff last year. Please forward a copy to all bidders on the ASARCO land:  IT CANNOT BE CLEANED UP.  Even the chemicals of concern that are discussed publicly (Cd, Pb, As etc) have only cosmetically been sealed up. 

Statement made [to staff over phone] 2/21/2014 at 3PM EST for Honorable Rep. O’Rourke’s Attention

My Background:

Masters in Science 

Fully endorsed by Nobel team winner Dr. Devra Davis, author of “Secret history of Cancer”

Attended Rachel Carson's College – she wrote "Silent Spring" a key book  about the dangers of both toxic chemicals and radiation

Trained under the last PHD student for Nobel Medical Prize Winner Dr. Niko Tinbergen

Fully certified designated highly qualified Science teacher grades 8-12, also, certified to teach gifted students (UTEP, 2010)

Bachelors of Science at the Ohio State University 

Endorsed by Father of semiotics, Dr. Thomas Sebeok (on file OSU), who participated in WA D.C. panel on how to label nuclear waste sites to warn off future generations

Researcher who uncovered the US DOJ EPA ASARCO 1998 73 page confidential for settlement purposes only document that was front page NYTimes news 10/2006  [added 9/15]

It has come to my attention that development is planned for a 200+ acres of land on the other side of TX Interstate I-10, part of the original Asarco properties a stone’s throw away from the site of the Asarco stacks. The plans for this site are to create family homes. Under smart code development requirements they are required to build an elementary school and playground. We know per Dr. Goodell (UTEP) statement to Channel 7 KVIA that paving the Asarco site will not make the area safe for people. We know that slag gives off gases (called "off-gassing") for nearly 100 years. Some of these gases are toxic (I.e Arsenic) and cannot be smelled or tasted. We know from the Mesita School Health Study (Peer reviewed) that children growing up attending that school close to the Asarco site have a greater chance in their lifetime of getting MS. 

• Honorable Rep. Beto O’Rourke has a greater chance of getting MS from attending the Mesita School.

• Males who have MS have greater chance of passing MS to their children. 

• According to smart code Dover Kohl diagram an elementary school will be placed on top of Asarco old lead dump, which is quite large. The grading permits are in place. 

• This lead dump was created during the 1940s and 1950s and has remained undisturbed throughout the cleanup. 

• During the 1940s the UTEP (formerly College of mines, next to Asarco site) grads were at the center of the largest uranium strikes found in the Western United States.

• Asarco during those years was a custom smelter. It would smelt anything.  It had a lead smelter.

• Lead smelter during those years (1940s-1950s) were used to separate out Uranium from their parent ores (i.e. Wulfenite).

• The waste material (ores) would’ve been put in the old lead dump and likely are radioactive tailings.

• Under the bankruptcy agreement, the trustee for the cleanup is not required to address radioactive waste.

• Despite 8 years of research, all government agencies (EPA, USDA, DoD, DOJ, etc) have refused any information regarding "regulated" radioactive materials going through our El Paso Asarco site. They claim no knowledge and refuse to release key invoices listed in the 73 page US DOJ EPA Asarco confidential for settlement purposes only document (now in public domain, see NYTimes 10/2006)

• The old Atomic Energy Act still protects Asarco and all involved from disclosure and liability.

• Engelhard, Dupont, Asarco were listed in the aforementioned 1998 confidential for settlement purposes only document sludges, incinerator ashes and only God knows what else through the two El Paso Asarco con-top furnaces (that metal curled stack was shorter than the others so its smoke stayed more local – likely a 30 mile radius including Juarez Mexico, Southern New Mexico and Texas).

• I uncovered a document from Idaho National Laboratory Library detailing how Asarco, Dupont, Engelhard were official U.S. DOE high level radioactive waste disposal contractors from places like Oakridge TN and Hanford WA during the years Asarco was burning illegal, secret hazardous waste (1998 73 page USDOJ EPA Asarco formerly confidential for settlement purposes only document)(New York Times, front page story, October 2006).

• The community has not been told all the details about what has been burned all those years and is still not being told. 

• We have data showing that the chemical element Hafnium is found in greater quantities amount near the stack location. Hafnium is unusual. Hafnium is commonly found in nuclear control rods. 

• In 1998 an EPA publicly announced that El Paso had the highest Beta radiation levels in the nation. Higher than Oakridge, Higher than Hanford. In October 1998, Texas suddenly decided to deny the license of the Sierra Blanca Nuclear Dump site. During that time, the media coverage on that issue of the dump was so high that thousands of people were marching at the Capitol of Mexico against the dump. Media coverage was huge. 

• By December 1998, Asarco said in the El Paso Times it was thinking about "idling" the Asarco Smelter, and it did beginning of February 1999. The plant never re-opened.  All the staff who worked at the site's steam plant are dead now, from unusual diseases, according to an unnamed supervisor. 

• I asked all the environmental agencies representatives to give me a sample of slag from the Asarco water distillation unit (it went up in flames during clean-up) rated to remove radioactive waste from the plant's process water. They refused. 

Given all this information, we know Asarco ran U.S. DOE high level radioactive waste materials through the El Paso Asarco smelter and it is likely that the old lead dump contained radioactive material. That whole area would be contaminated by Arsenic for years to come. If the powers that be still continue with development of the Asarco site as detailed recently in an El Paso Inc article by David Crowder, I plead, deeply plead, with Honorable Representative Beto O’Rourke, given his own experience attending Mesita Elementary School a mile from Asarco, that they do not allow children to grow up on any of the Asarco land. That they do not build play grounds. That they do not build an elementary school there. He of all people should understand having attended Mesita the risks that that all these children will undergo if they allow the school and playground to be built. As a certified teacher and a Christian, it deeply grieves me. It hurts my heart to watch this happen. 

Sincerely,

Heather McMurray

City of Hammond, Indiana and the City of Whiting, Indiana

 Law.com

"Hammond City of et al v. Asarco Master Inc

COURT

U.S., Northern District of Indiana

SUMMARY

Gregory Hinojosa Evans and Joseph S. Sheerin of McGuireWoods have entered appearances for smelting company ASARCO Master in a pending environmental lawsuit. The suit, filed March 12 in Indiana Northern District Court by Taft Stettinius & Hollister on behalf of the City of Hammond, Indiana and the City of Whiting, Indiana, seeks to recover clean-up and remediation costs based on alleged soil and groundwater contamination at a smelting facility in Hammond. The case, assigned to U.S. District Judge Philip P. Simon, is 2:24-cv-00096, Hammond City of et al v. Asarco Master Inc.

05/09/2024"

Recasting the smelter 17-nov-2010 letter to trustee and responses

 NOVEMBER 17, 2010

Site Trustee Responds to Emailed Questions from Heather McMurray

Trustee responses are in bold.

Dear Ms. McMurray,

Thank you once again for your continuing interest in this very challenging project. We have been researching and compiling responses to your previous questions. Your questions and our responses are below; your questions appear in black font and our responses are in bold.

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.

Response: As we pointed out in our previous response and as described in the paper referenced, radon is naturally occurring. Radon is a recognized concern in homes in some areas of the country. The Asarco plant area is a commercial / industrial site and since no residences are present on the property, radon is simply not a constituent of concern to be measured. The paper you are referring to which is by Dr. Irina Cech and others from the University of Texas titled: Factors Contributing to Elevated Indoor Radon in the Paso Del Norte Region of the Texas-Mexico Border: Information for Physicians published in the in the Southern Medical Journal, July 2009 – Volume 102 – Issue 7 – pp 701-706 discusses the issue. Notwithstanding the discussion in the paper relating soil radon to levels in homes, the fact is that both EPA and the State of Texas rate El Paso County as having low overall radon potential. While the paper gives cause to consider the matter in a broader public health forum, plainly stated, there is simply no linkage between natural radon levels discussed the paper and the smelter operations that warrant additional investigation.

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.

Response: We are unaware of any information regarding high beta radiation levels in El Paso during the 1998-1999 time period that you refer to. The EPA maintains a series of monitoring stations which record radiation levels in air, water and precipitation throughout the country and radiation monitors in El Paso have operated continuously between 1981 and 2010. EPA data for the time period between June 1998 and June 1999 show no anomalous gross beta radiation readings. The only significant beta readings in El Paso as well as in other locations in the US occur between March and June of 1986 which corresponds to the Chernobyl nuclear accident in Russia.

To the extent we can comment on Mr. Luthans response, we do not believe that any sort of beta radiation can be attributed to the El Paso smelter given the nature of the mineral concentrates sent to the plant for smelting. To clarify, NORM is essentially natural uranium, thorium and potassium that is present in trace amounts in all rock, soil, water and air. These elements are present from the time the Earth was created and over time, decay and change into “daughter” products, some of which are radioactive (i.e. radon), others of which are stable or non-radioactive. Processing can “Technologically Enhance” NORM and create “TENORM” under certain chemical conditions. We know TENORM occurs in copper mining and leaching operations in Arizona and given this fact, we carefully reviewed the study by EPA produced in 1999 on this subject and reviewed additional data sheets from mining companies producing concentrates. Beta radiation issues are not reported in this study. To the extent of our information, given the nature of the smelter feed and the level of documentation on the subject, we do not believe that the concentrates processed at the plant could result in elevated beta radiation, TENORM or other radioactive materials above any regulatory limits. For further information on natural radioactivity see this link (http://www.physics.isu.edu/radinf/natural.htm).

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.

Response: It is correct that radon can be measured a number of different ways. However, as we stated previously, radon gas is not measured using XRF methods. Methods to measure radon under field and laboratory conditions which are documented by EPA may be found at the EPA’s website. http://www.epa.gov/radon/pubs/device_protocols.html. XRF methods are not included in this list.

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.

Response: The Asarco site has been extensively investigated and the results from the various site investigations which include the analytical results for metals done by XRF methods may be found at the TCEQ website. These results are included in the attachments and appendices to the investigation reports. See the following website: http://www.tceq.state.tx.us/remediation/sites/asarco/downloads

The metal results in previous site investigations appear to be laboratory XRF results. We should point out that XRF methods are primarily screening tools for detecting metals at semi-quantitative levels and are not used to measure organic chemicals. We cannot comment on Asarco’s use of these instruments since their activities ceased long before the Trust took possession of the property. From a compliance perspective, we rely on laboratory analytical results which are much more accurate and sensitive than analytical field methods such as XRF.

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.

Response: As we have stated previously, both the EPA and GAO have reviewed and reported on the Asarco and Encycle matter which addressed the issue of improper waste handling. Enforcement action was taken against Asarco and the matter was settled in 1999. The GAO report and subsequent EPA documents are clear in their findings and conclusions regarding the issue.

As we discussed above, Asarco, as a large integrated metal producer and refiner obviously handled a wide variety materials including radioactive materials. Given the scrutiny of the site from both state and federal authorities, we do not expect man-made radioisotopes, TENORM, byproducts or residues at levels above their respective natural levels. Our focus is on the identified constituents which include lead, arsenic and cadmium.

A review of the available records found a December of 1995 letter where ENCYCLE informed the TNRCC that it had received a lead sulfide waste; containing naturally occurring radioactive material (NORM). This letter stated that the NORM was present at quantities less than the regulated level; but it did not indicate the quantity of material or if the material was shipped to the Asarco El Paso smelter.

We reviewed the letter described and it only states that Encycle received some type of lead sulfide material containing NORM. There is no other information we have found which shows where the material went or the quantity.

I would like to know who Mary Koks is (you copied her on your reply) at ; 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?

Response: Mary Koks is the attorney for Texas Custodial Trust and is part of the project team. As part of the project team she is copied on correspondence and reviews product produced by the Trust. Since Trust operates at the direction of the TCEQ, they are copied on correspondence relating to the site submitted by the public. We have been completely up-front with our information regarding issues of contamination at the site including radon as discussed above.

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.

Heather Mcmurray

Response: As we have stated previously, the Trust has been completely transparent in its discussions regarding the constituents of concern at the site and made available to the public all material it has and there is nothing kept “secret” by the Trust. Any other documents not in our possession are available from TCEQ or EPA. For the current cleanup program, the Trust has posted on its website all documents it produces in the form of plans, specifications, presentations and reports. The allegation that the Trust, which is charged with cleaning up the Asarco site, is somehow withholding information or failing to pursue issues relevant to health and safety of the community is simply false and unsupported by its actions.

The Trust operates under the direction of TCEQ and EPA, however, cross-border matters as they relate to the La Paz Accord are not within the scope of the Trust’s charge. These matters are managed EPA.

Project Navigator will continue to review information related the Asarco El Paso smelter as appropriate and we will seek the guidance of the regulatory agencies as new information becomes available.

We believe we have responded to your, and the El Paso community’s, questions openly and honestly. We will continue to do so during the course of our activities at the site.

Best Regards,

Roberto Puga

Trustee