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"THE ONLY THING NECESSARY FOR THE TRIUMPH OF EVIL IS FOR GOOD MEN TO DO NOTHING"
--Burke

Tuesday, July 17, 2007

Pirates of Penzance Song, modified

[disclaimer:all resemblances to persons are purely coincidental]
[author: anonymous]

To be sung to the tune of the Gilbert and Sullivan
[Pirates of Penzance]
I am the very model of a modern Major-General

TITLE: I Am the Very Model of an Environmental Manager

I Am the Very Model of an Environmental Manager
I've information vegetable, animal, and mineral
I know the kings of Mining, and I quote the lies historical
-- From Arsenic to Cadmium, in order categorical!

I'm very well acquainted, too, with matters quite Political
I understand exaggeration, both the simple and hyperbole
About toxic waste now I'm teeming with a lot o' news
With many cheerful facts about how gardens grow now with its use!

[Chorus sings:]
With many cheerful facts about how gardens grow now with its use-
With many cheerful facts about how gardens grow now with its use-
With many cheerful facts about how gardens grow now with its use-
see:

I'm very good at integral and differential calculus
To show how toxic waste now could not possibly ever injure us -
In short, in matters vegetable, animal, and mineral
I Am the Very Model of an Environmental Manager
[Chorus]
In short, in matters vegetable, animal, and mineral
He is the Very Model of an Environmental Manager

Song

To be sung to tune of "Don't cry for me Argentina"

DON'T CRY FOR ME, DEAR EL PASO....

THE TRUTH IS, I'VE NEVER LEFT YOU:
I'M IN YOUR WATER
I'M IN YOUR BONES NOW
I'M IN YOUR HOUSES
I'M IN YOUR CHILDREN.....

2004 Memo with handwritten notes received from EPA Dallas FOIA (Terry Sykes office) showing Asarco contaminated Hueco Bolson

EPA sampling dilemma - the Smoking Gun Memo



[Fwd: Re: Please explain no answer to either TCEQ filing: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of

Dear TCEQ:

Not everyone and not all offices at the TCEQ are complicit in the cover-up. It is time that the honest people in the TCEQ (and in the EPA) removed the dishonest ones so that we can get to the bottom of the problem here in El Paso regarding contamination from Asarco.

We know that a cover-up was committed. We are in the process in El Paso of approaching several county and a district attorney regarding the criminal actions of Asarco in the burning of secret toxic wastes for profit (sham-recycling). Someone is responsible in the TCEQ and in my opinion your legal departments, instead of replying to me and committing further cover-up, should be investigating the responsible parties within the environmental regulatory agencies and removing them from their position(s).

Asarco is gearing up activity here. Sierra Blanca sludge-land has been purchased by the Texas G.L.O. and is slated to begin accepting sludge again, in the middle of endangered Chihuahuan desert and impoverished mexican-american peoples. Someone in the TCEQ and in the EPA has the knowledge to stop the lies and the ill-gained profits that happened here within Railroad District 8; and to stop using us as a test-case to remove environmental liabilities from a polluter who knowingly used us for toxic-waste disposal.

We need honest disclosure of what metal is present here that has been covered up-- it was knowingly smelted here against the La Paz accord. Your attorneys at one time were aware of what it was, since they argued over whether or not Asarco should pave surfaces for six years or simply let the toxins trickle down through the dirt. We are tired of being a dumping ground and tired of being poisoned. It is the TCEQ's responsibility to know what contaminants are here and let us know.

Thank you,
H.Mcmurray

-------- Original Message --------
Subject: Re: Please explain no answer to either TCEQ filing: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso
Date: Tue, 17 Jul 2007 15:54:49 -0500
From: WWW - CMPLAINT <cmplaint@tceq.state.tx.us>
To: <@earthlink.net>,<thornton.wood[at]oag.state.tx.us>, "WWW - OPA" <OPA[at]tceq.state.tx.us>, "Terry McMillan" <TMCMILLA[at]tceq.state.tx.us>
CC: <David.Edmonson[at]senate.state.tx.us>
Ms. M
We are coordinating a response to your questions with our Office of Legal Services. I am expecting a response to be forwarded to you by the end of this week. Let me know if that doesn't happen, and I'll check on it again. Thank you.
[no signature given from the TCEQ Complaint-email-address]
+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++
07/13/07 1:35 PM
I have not received a reply to this email and it has been over 12 business days.
Please explain the delay. thank you,
-------- Original Message --------
Subject: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso Date: Fri, 22 Jun 2007 23:41:06 -0600
To: TCEQ complaint Fr: Heather McMurray, El Paso TX

sb: TCEQ failing to enforce identification and cleanup of contamination from illegal burning of toxic waste by Asarco El Paso

I am filing this as a formal complaint asking the _TCEQ_ to run a full spectrometer analysis of the material dredged from the bottom of the 100 year old Asarco pond and sent to TX US ecology for storage, with the purpose of identifying the chemical compounds left here from the illegal sham-recycling by Asarco. I also ask that a full spectrometer analysis be done of the present-bottom of that same pond at the Asarco site and where the most runoff would have contacted soil during the 9-4-06 collapse of Asarco rubber lake. Also, please run an analysis from a scraping of the Asarco primary smoke-stack; and from the Ionics brine concentrator's concentrate chambers. This analysis should include ash-incineration-technique to check for alpha and beta particles.

High level officials in the TCEQ and the EPA are violating honest services provision of the mail and wire fraud act by:
* failure to identify and enforce cleanup of the toxic poisons incinerated/stored by Asarco El Paso from its subsidiary in Corpus Christi, TX.
* _pretending to carry on a legitimate permitting process on the El Paso Asarco smelter while continuing to ignore that this site has NOT BEEN DECONTAMINATED from the burning of these wastes_
* failure to identify the wastes left here from this incineration/handling
* failure to explain the resulting health effects to the community

Public officials have known that these toxins are now in our water, the alluvial sediments and aquifer. The TCEQ is failing to continue metal testing of the river below Asarco saying it "isn't necessary any longer". The TCEQ is failing to identify the toxins left in our water supply from the decade of illegal Asarco sham-recycling.

Asarco photostream in Flickr

http://www.flickr.com/photos/flicka23/80037695/in/photostream/

Sunday, July 15, 2007

smelter-related lead exposure study

Title: Use of a geographic information system to track smelter-related
lead exposures in children: North Lake Macquarie, Australia, 1991–2002
Author: Willmore Alan ; Sladden Tim ; Bates Lucy ; Dalton Craig
Abstract:

Abstract

Background

To determine patterns of childhood lead exposure in a community living
near a lead and zinc smelter in North Lake Macquarie, Australia between
1991 and 2002.

Methods

An analysis of serial blood lead levels (BLL) of children less than 13
years of age in North Lake Macquarie participating in voluntary blood
lead screening. Distance to the smelter and soil lead concentration of
the child's place of residence was calculated. Categorical analysis of
BLL by residential distance from smelter, residential soil lead
concentration, age and year of sample was calculated. Linear regression
models were fit for blood lead levels against residential distance from
smelter, the log of residential soil lead concentration, age and year of
BLL sample.

Results

Geometric mean BLLs were statistically significantly higher for
distances less than 1.5 kilometres from the smelter and for residential
soil lead concentrations greater than 300 ppm. Yearly BLLs since 1995
were statistically significantly lower than for preceding years, with an
average decrease of 0.575 μg/dL per year since 1991. BLLs are
statistically significantly higher for children whose age is 1 to 3
years old. Linear regression modelling of BLL predicted a statistically
significant decrease in BLL of 3.0831 μg/dL per kilometre from the
smelter and a statistically significant increase in BLL of 0.25 μg/dL
per log of lead in residential soil. The model explained 28.2% of the
variation in BLL.

Conclusion

Residential distance to the smelter, log of residential soil lead
concentration, child's age and year of BLL sample are statistically
significant factors for predicting elevated BLLs in children living near
a North Lake Macquarie lead smelter.
Journal: International Journal of Health Geographics
Issn: 1476072X
EIssn:
Year: 2006
Volume: 5
Issue: 1
pages/rec.No: 30

Building homes on smelter site

"...When it comes to talking about the land, prospective buyers are fully informed that Belmonte Heights sits on the former Asarco smelter site.

"We have full disclosure," Snyder said.

The area was home to a smelter that operated in the late 19th and early 20th centuries, spewing arsenic that polluted much of the soil. [arsenic is odorless and tasteless; any amount is thought to be harmful according to experts that study it on the cellular level...] That soil had to be cleaned up to Department of Ecology standards when the Everett Housing Authority bought the land from Asarco LLC, a subsidiary of Grupo Mexico SA, in 2004. The City of Everett helped with the cleanup and Dye bought the seven acres for $3.2 million.

Snyder said that some people are familiar with the history when they come to view the homes.

Belmonte Heights has welcomed people of all ages, including seniors who are buying down. Part of that draw could be the lower maintenance.

"It has a lot to do with the quality," Snyder said.

With wainscoting and tile standard in the homes and wide open spaces and views outside, first-time homebuyers looking for a roomy new home can find something from $263,990 to $334,990. The largest home is more than 2,100 square feet."
http://www.heraldnet.com/article/20070715/BIZ/707150325

Saturday, July 7, 2007

Asarco El Paso crushed slag was used as ROOFING BALLAST

"Posted on July 6, 2007

Asarco Slags Off
In response to Sick ‘Em, City of El Paso: Going After Asarco, by Chris Cummings. [link]

Great article.

I think that it is interesting that we all look at the "reduced" pollution and repelling blight on the landscape; but, we ignore what is going into the ground. Years back, I was involved in a building renovation project where the existing roof ballast was crushed slag from ASARCO. The roof had leaked for a good while and the water seeped into the structural reinforced concrete roof deck. The acid from the rain and slag had completely corroded the steel reinforcing and the concrete was disintegrating.

How much longer will we allow this albatros to hang around the necks of those who are trying to sell El Paso to progressive, clean businesses. Maybe if we cleaned up our billboard blight, we could better get the full impact of the ASARCO view.

Thank you,

Mervin Moore"
http://www.newspapertree.com/opinion/1522-readers-responses

Friday, July 6, 2007

up to the end of 1996, Asarco's baghouse (Pugmill) had routed exhaust to the 308 ft stack NOT THE 828 FT STACK

1996 Asarco El Paso ALTERATION TECHNICAL REVIEW   Permit No: 20345 Company: ASARCO Incorporated   Project Type: CRVN Facility Name: REROUTE CONVERTER   Record No: 46064  City: El Paso   Account No: EE-0007-G County: El Paso  
.....
PROJECT OVERVIEW
 
ASARCO requested that they be allowed to reroute the baghouse stack exhaust from the pugmill from the present 308-foot stack to the 828-foot copper stack annulus.  There will be no increase, or decrease, of emission rate from this facility.
 
REQUEST FOR COMMENTS  
REGION: 6 Reviewed by: Archie Clouse  
CITY: El Paso Reviewed by: Jesus Reynoso
 
.....
PROCESS DESCRIPTION
 
The exhaust gasses from the holding furnace and converters, which are rich in SO2,  are cleaned of particulate matter before they are conditioned and converted to SO3.  The SO3 gas is then scrubbed with water to produce 98% sulfuric acid.  The particulate matter captured from this gas stream is sent to the pugmill where it is mixed with a little moisture and loaded in rail cars for recycling.  Some of this material is recycled at this facility.
 
A safety inspection has shown that the 308-foot stack is in need of repairs.  The stack was originally built over  80 years ago.  The company wants to reroute the pugmill baghouse exhaust stack to the taller copper stack  annulus.  The old stack will be removed.  The taller stack will give better dispersion of the emissions.
 
SOURCES, CONTROLS AND BACT  
The pugmill is controlled by the baghouse, which is BACT.  In my opinion, BACT has been applied to this facility.
 
IMPACTS EVALUATION
1. Was modeling done? No  Type?  N/A
 
2. Will GLC of any air contaminant cause violation of NAAQS?
NO

 
3. Is this a sensitive location with respect to nuisance?  
NO
 
4. Is the site within 3000 feet of any school?  
NO

 
5. Toxics Evaluation: This is a change of representation for the pugmill baghouse stack to vent into a taller stack.  This will help lower the off-property impacts.
 
COMPLIANCE HISTORY
 
1. Was a NOV issued for construction without a permit?  
NO
 
2. Was the NOV resolved by issuance of permit?
N/A

 
Comments:
 
MISCELLANEOUS
 
1. Is applicant in agreement with special conditions?  
Yes
 
Company representative(s)? Tom Martin
 
Contacted via? Fax
 
Date of contact?
9-24-96

 
2. Did the franchise tax verify the applicant to be in good standing?
N/A
 
Permit Engineer     Date  Team Leader/Section Manager/Backup  Date
 
C:\NSRFORMS\FM\TECHRVW.FM
 
Revised 06-11-96

1997 Encycle applied to handle a metal-bearing liquid from US Army RMA, Colorado

CHEMICAL DIVISION
STANDARD EXEMPTION REGISTRATION REVIEW
Company: Encycle /Texas Inc.                   
Registration Number: 34843      Record Number: 49506
Contact Name: Roger Norman                      
Phone: 512-289-0300 ex 243     Fax: 6713       
Description of Overall Unit:   The company requests to handle  a metal bearing liquid from the US Army’s Rocky Mountain Arsenal.   Permit HW-50221 applies.                         
Description of Facilities/Processes Claimed in this Registration and Exemptions Claimed: The company claims that  all Requirements of Exemption 118 are met.             
Sources, Emissions and Control Summary: This review is being conducted under standard exemption rules only.  The company claims that the liquid (analysis attached) should have emissions of approximately zero.  The liquid is mixed with sodium sulfite to precipitate metals.  The liquids will have any emissions vented through a scrubber.  The only emissions based upon the analysis would be from dissolved low concentrations of ammonia and bromine.  Any very small emissions of ammonia or bromine that would volatilize out of the liquid will be soluble and very scrubbable.  Emissions should be approximately zero.  The distance to the nearest receptor is estimated at 600'.  The emissions of ammonia and bromine would be under a limit of  (E = 18/65 = 0.28 lbs/hr) and  (E = 0.7/65 = 0.011 lbs/hr).  
Pollution Reduction - Source or Device(s) None
VOC__ No__ Sox__ CO__ PM__ HAS__
P.D. or Nonattainment Netting Required?  No   Submitted?     NSPS: No      NESHAPS No  
All General and Specific Conditions are met?  Yes  
Reviewed By:   John Gott   Team Leader:                  
Date: 2/27/97           Date:                       
https://webmail.tceq.state.tx.us/servlet/webpub

Thursday, July 5, 2007

Thousands of Asbestos Claims Delay ASARCO Reorganization Plan

Thousands of Asbestos Claims Delay ASARCO Reorganization Plan

Copper-mining company ASARCO LLC has asked a U.S. Bankruptcy Court in Corpus Christi, Texas to grant them an extension for filing their reorganization plan, claiming that they are overwhelmed with asbestos injury claims and myriad environmental pollution lawsuits.

According to a Forbes article, the company claims it is justified in asking for an extension until December, noting that it’s case is complex. The mining company is currently facing 95,000 personal injury asbestos-related claims. The deadline for reorganization is currently set to expire on August 9th, 2007.

“While Asarco’s reorganization may not be the largest corporate reorganization in history based on assets alone, it certainly rivals any previous Chapter 11 case for complexity and breadth of the individual issues involved,” a statement issued by the company said.

ASARCO has already received six extensions since filing for bankruptcy in August 2005. A spokesperson for the company notes, however, that they have made “significant progress” in developing their restructuring plan and negotiating with creditors and expect to be able to meet the December date if the extension is granted.

According to the article, the company has also filed motions to obtain court-approved estimates of the tens of thousands of asbestos claims as well as 850 tort claims and its liability for environmental cleanup.

ASARCO is currently faced with environmental claims filed by the U.S. government, 16 states, two Indian tribes and private parties. Those claims total more than $10 billion, according to the company.

Lawyers for those individuals with asbestos claims against ASARCO have noted that the company’s asbestos liabilities are between $906 million and $2.66 billion.

Mexico: miners on strike (Grupo Mexico)

"Published: 07.05.2007

Mexico miners begin 24-hour walkout over safety concerns

The Associated Press
MEXICO CITY - Mexican miners began a 24-hour nationwide walkout Thursday to press demands for labor authorities to address safety concerns.
Carlos Pavon, secretary of political affairs at the National Mining and Metal Workers Union, said the walkout began in the early morning, although the union didn't know yet how many workers had honored the strike call.
The walkout affects, among others, Grupo Mexico, a major copper producer, and Industrias Penoles, the world's top silver producer. The 250,000-member union also includes workers of steel plants owned by Arcelor Mittal in the Pacific port of Lazaro Cardenas.
An official at Grupo Mexico said that early reports showed its zinc mine in the northern state of Zacatecas was 30 percent affected by the walkout and that work was halted at a small mine in the city of Taxco, in the Pacific coast state of Guerrero. The official had no report yet from Cananea, the country's largest copper mine, in the northwestern state of Sonora.............."
http://www.tucsoncitizen.com/ss/business_headlines/56660

Tuesday, July 3, 2007

Improved early morning diet can help block some effects of lead

Bulletin of Environmental Contamination and Toxicology ; VOL. 56 ; ISSUE: 4 ; PBD: Apr 1996
Gulson, B.L. [Macquarie Univ., Sydney (Australia)]|[CSIRO/dEM, North Ryde (Australia)] ; Howarth, D. [CSIRO/dEM, North Ryde (Australia)] ; Mizon, K.J. [Lyell McEwin Health Service, Elizabeth Vale (Australia)][and others]
ABSTRACT: The goal of hazard abatement is the identification and systematic elimination of lead hazards in the community, which should ultimately result in lowering of blood lead (PbB), especially in children. Such a goal is a daunting task in mining or smelting communities such as Broken Hill in Australia where industrial activities operating for more than 100 years and natural weathering over millennia have resulted in widespread contamination.The single most important factor in managing of childhood lead poisoning is reducing the child`s exposure to lead. Luke reviewed the remediation programs in seven large smelter operations outside Australia using environmental and biological indices, before and after intervention, to gauge the success. He concluded that outcomes varied from temporary improvements in Kellog, Idaho to apparently more successful outcomes in El Paso and Dallas, Texas. At Port Pirie, Luke identified that the most significant predictor of a reduction in PbB levels was permanent relocation out of the high risk areas, whereas in a later assessment Maynard identified, in addition to permanent relocation, level of expenditure on house dedusting and refurbishment, improved dust hygiene practices, and improved early morning diet as likely to reduce PbB levels. The aim of this study was to evaluate the impact on PbB of relocation of two families from their source of lead, in this case from the Broken Hill mining community. To gauge the impact of relocation, the results are compared with twenty seven children who relocated within the Broken Hill community from high to low risk areas. 24 refs., 1 tab.

Why Would a Las Crucen Care About Asarco?







Robert Rowley

"Many of us in the City of the Crosses follow El Paso politics closely. Perhaps we can learn a lesson from our Big Sister in Texas: how to shut down a major polluter that doesn’t have the citizens’ best interests in mind.

Posted on July 3, 2007
I won’t speak for other Las Crucens, but I am one resident of the City of the Crosses who adamantly opposes Asarco reopening in El Paso....."
see the following link for the story....
http://www.newspapertree.com/opinion/1514-why-would-a-las-crucen-care-about-asarco


Sunday, July 1, 2007

Slide Show of idled old smelter



Asarco El Paso (idled closed old smelter)

KTSM Channel 9 breaking news: TCEQ Public Interest Counsel accuses Asarco of breaking state code...

"ASARCO Battle Continues
New allegations against ASARCO have surfaced after a report was released by a state agency created to represent the interest of citizens.

Saturday, June 30, 2007 - The Office of Public Interest Council is among those who oppose ASARCO's reopening.

The agency claims the Texas Commission on Environmental Quality, or TCEQ, violated a state code when it gave the copper smelter a second chance to renew its air quality permit....."
http://www.ktsm.com/news/local/8266732.html

Asarco smelted wastewater sludges from mine drainage clean-up

Heavy-metal sludges as smelter feedstock. (Asarco Inc.) : How Asarco Cleans Mine Discharge Water and Scores Economic Benefits As Well
http://www.rst2.edu/ties/LEAD/university/resources/experts/new/sludge.htm

also read:
http://www.communityrights.org/Newsroom/crcInTheNews/DW4-7-05.asp
("Grazin' Hell by Prendergast, about Montana DOJ environmental politics)

Asarco would take us back to a polluted past

Robert Rowley

Robert Rowley

I remember the first time I tasted the air near the Asarco copper smelter in El Paso, Texas. It was 1990, and my wife and I had just moved there from Tucson, Ariz., to start teaching jobs in the English Department at the campus of the University of Texas-El Paso. I soon met two professors who shared my love of hiking, and the three of us were returning home from an all-day trip to Guadalupe Mountains National Park, when we saw a dense cloud hanging over the freeway near the university.......

http://www.hcn.org/servlets/hcn.WOTRArticle?article_id=17045