Gov. Perry to appoint the 3rd person to the TCEQ Commission

http://www.elpasotimes.com/newupdated/ci_6727014

Asarco supporters, opponents await new TCEQ nomination

By Brandi Grissom / El Paso Times El Paso Times

Article Launched:

AUSTIN -- Asarco friends and foes in El Paso are watching closely as Gov. Rick Perry prepares to make an appointment that could determine whether the copper smelter gets a green light to restart operations. Perry will choose someone to replace Texas Commission on Environmental Quality Chairwoman Kathleen Hartnett White whose term expires at the end of August. Those who support Asarco hope the new commissioner will weigh the economic impact the smelter could have in El Paso. Opponents want someone who will consider environmental concerns about Asarco's operations above all others. "The governor is going to put someone on the board who recognizes that they have to hear the concerns of the local communities and balance that against the overall needs of our state," said Perry spokesman Robert Black. Asarco's smokestack on the edge of the city stopped working in 1999 when the price of copper tanked. With prices of the metal rising again in 2002, Asarco sought to renew its air quality permit with TCEQ, which would allow smelting to restart. More than five years later, the commission, which has never before denied such a permit, has still not decided whether to grant Asarco's request. At each step in the permitting process, El Pasoans and others in the region who oppose Asarco's reopening have been contesting the company's request. The vacant spot on the commission could delay a decision on Asarco's permit even further. TCEQ spokeswoman Andrea Morrow said the three-person commission can take votes with only two members present, but a split vote would result in postponement of the issue until a third commissioner was available. Mayors and other elected officials from El Paso, New Mexico and Juárez, have called on TCEQ to deny the permit. They argue the company has a history of polluting the ground and air and of sickening area residents. "We're looking for somebody at TCEQ who has the health and safety of the people of Texas foremost in their mind and particularly here in El Paso," said Jim Kelly, spokesman for Get the Lead Out Coalition. Kelly said he doesn't mind if the appointment of a new commissioner further delays a decision on Asarco's permit. "Right now, they are not authorized to operate, and I like that," he said. "I like the fresh, clean air we have now." Lairy Johnson, environmental manager at Asarco's El Paso plant, said the company could work with whomever Perry appoints. The company has contended its operations are clean and meet state environmental standards. "We have confidence in the process," he said. Jimmy Dominguez, a former Asarco employee anxious to see the plant open again so he can get his job back, said he would like to see a new commissioner appointed and a decision made soon. "For me, it is kind of gut-wrenching to wait and just wait, but there's nothing we can do," he said. Dominguez said Asarco's opponents exaggerate negative effects of the smelter's pollution. His father and uncles, he said, worked in the plant for years and remain healthy. Along with other Asarco backers, Dominguez points to the high-paying jobs the company would provide. A study by the Institute for Policy and Economic Development at the University of Texas at El Paso released in April estimated reopening Asarco would generate more than $1 billion in the local economy and create about 1,800 new jobs. "We just want to go back to work and live a life I had that opportunity to live," said Dominguez, who now works at a state prison making less than he did at Asarco. "I was making really good money; my kids, my wife were well taken care of." Perry spokesman Black said the governor has not yet decided whom he will appoint to the board. Perry would rather get it done right than get it done quickly, he said. But he said Perry would want a commissioner who could balance environmental responsibility with the state's economic needs and growing energy requirements. "The governor does not believe TCEQ should be an agency that is anti-industry, but by the same token, it cannot cater to the industry," Black said. Buddy Garcia, whom Perry appointed to the commission earlier this year and made chairman this week, said he could not comment specifically on the Asarco permit or when the board might vote on it. He said, though, that assuring the public that the commission is working to protect the environment is one of the agency's biggest challenges. "This is a trust issue for me," Garcia said, "and it's all about balance." Brandi Grissom may be reached at bgrissom@elpasotimes.com; (512) 479-6606.

Quote from the CCA-wood Arsenic poisoning newsletter

What we do for ourselves dies with us. What we do for others and the world remains and is immortal.

Albert Pine

(Asarco El Paso emitted Arsenic)

Peace of Mind

Knowing that ASARCO El Paso deliberately burned toxic-waste for profit is a terrible thing to realize. Years ago someone told me, when we suspected it - "We can't let the City know." And then she and another lady moved their families out of here ... "job changes"... most families raise their children to send them out of state to work somewhere else.

I look at the children whom I know, or the students I taught -- many sick. They can't pick up and move away. They can't work full-time and live their lives yet. They are children, and have their lives to live.

We can face it and gradually remove the poisons that economically will enslave them; or we can chose not to: that is our choice. And whichever choice we take requires a sacrifice.

"Merciful Father, I have squandered my days with plans of many things. This was not among them.....
For all we ought to have thought and have not thought;
All we ought to have said and have not said;
All we ought to have done and have not done:
I pray thee, God, for forgiveness.
—Ahmed Ibn Fahdlan, in the film The 13th Warrior (1999)"

Faces against Asarco

Asarco must Go (song)

Asarco must Go

Comments to EPA re: Ozone - Docket ID No. EPA-HQ-OAR-2005-0172

2007 Proposed Revisions to Ground-Level Ozone Standards
http://earth1.epa.gov/air/ozonepollution/naaqsrev2007.html

http://earth1.epa.gov/air/ozonepollution/naaqsrev2007.html#howto

How to Comment

* EPA will accept public comments until October 9, 2007.
* Comments should be identified by Docket ID No. EPA-HQ-OAR-2005-0172
and submitted by one of the following methods:
o Federal eRulemaking Portal (http://www.regulations.gov); o
e-mail <a-and-r-docket@epa.gov>
o Mail (EPA Docket Center, Environmental Protection Agency, Mail
code 6102T, 1200 Pennsylvania Avenue, NW, Washington, DC 20460);
or
o Hand delivery (EPA Docket Center, Environmental Protection
Agency, Room 3334, 1301 Constitution Avenue, NW, Washington,
DC).

Civics

"They that give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
 —Benjamin Franklin, 1759

great words

"Without justice, there can be no peace. He who passively accepts evil is as much involved in it as he who helps to perpetrate it…. Our lives begin to end the day we become silent about things that matter…"
- Martin Luther King

Lord Voldemort Lives.... shhh!!!!

In the Harry Potter books, you can't say "Voldemort" (Lord Voldemort ? (shhh! Don't say that name). Here, you can't say "Asarco". I went to a Sunland Park City Council meeting where Dulan (now head of their border health) talked about his metals-testing for a long time. He never mentioned this "source" he was talking about. He said that the Mountain protected Sunland Park from "the source" (this isn't exactly true). So I asked him what the name of the source was. He said that he had been told not to name it. (shhhhh!!!)

Wow, 2001 UTEP Professor.... looking for Lead (Pb) in pottery and candy wrappers....

the trail continues today (2007) with Asarco and the EPA "suddenly" finding lead from the smelter in Anapra (they've known since 1982...).... now, what about the toxic waste? Eh? What toxic waste?.... that must come from cars and candy wrappers.




















(click on image to see a readable copy)

Science News reports that Bones regulate Blood Sugar -- new hormone discovered in bone building cells (osteoplasts)

Science News (8/11/07) reports that Bones regulate Blood Sugar via a new hormone discovered in bone building cells (osteoplasts) --- so anything that interferes with these bone cells functioning properly will also affect our blood sugar levels!!

The hormone is called Osteocalcin and good levels of it are needed to help produce the beta cells in the pancreas that produce extra insulin.

This is an amazing discovery because we have a tremendous amount of diabetes here in this region around Asarco. My own question is whether or not the heavy metals, chemicals and radioactive particles from the smelting could damage bones and affect blood sugar levels. We may never know because Industry has such a dampening effect on finding things like this -- kind of like how the chemical industry helped back the IEUBK lead exposure model that says your exposure to chemicals is less because you spend time inside -- but it never took into account swamp coolers (swamp coolers equalize dust inside and outside the house). Or how everyone talks about how Lead (Pb) around here comes from cars and lead-glazed mexican pottery and candy wrappers, but ignores the largest custom smelter in the world sitting right next to the University.

Exposure to alpha radiation linked to high levels of myelodysplastic syndrome (leukemia), cancers, and liver cancer

WHAT TOXIC WASTES DID ASARCO BURN HERE?

"We studied the alpha-radiation risks in patients who received injections of Thorotrast, an X-ray contrast medium used in Europe, Japan, and the United States from 1930 to 1955. Thorotrast was composed of thorium dioxide (ThO2) and Th-232, a naturally occurring radionuclide. Because the physical half-life of ThO2 is 14 billion years and Thorotrast is hardly eliminated from the body, tissues in which it was deposited are irradiated by alpha-radiation for the entire lifetime of the subject. ....Among blood neoplasms with a higher incidence of increase than the general population, erythroleukemia and myelodysplastic syndrome were remarkable. ...

J Environ Pathol Toxicol Oncol.2001;20(4):311-5.
Alpha-particle carcinogenesis in Thorotrast patients: epidemiology, dosimetry, pathology, and molecular analysis.
Ishikawa Y, Wada I, Fukumoto M. Department of Pathology, The Cancer Institute, Japanese Foundation for Cancer Research, Tokyo.

http://www.ncbi.nlm.nih.gov/sites/entrez?cmd=Retrieve&db=PubMed&list_uids=11797840&dopt=Citation

Saturday August 25 10 am (gather at 9 am!)

Acute Myelogenous Leukemia and Asarco

On September 8'th at 12:30 PM there will be a Benefit show (bands, car show, belly dancers) for Joel Nevarez (nickname "Hollywood") a lower-valley young man who needs a bone marrow transplant for AML (Acute Myelogenous Leukemia). Please think about going. He is about 25 years old. Joel would have been about 5 or 7 years old when Asarco El Paso began the illegal hidden toxic waste burning. He would have been 13 years old when the smelter was in full swing of the burning and the plume traveled down the lower valley. By the time the smelter closed in '99 and Joel was around 17 years old and his bones tried to grow, his tissues likely were loaded with the toxins. We can't be sure yet what causes this rare disease but now we have two cases of this here. Please let us know if you know of any more cases. He is awaiting a bone marrow transplant (the last stages of the disease) at the NIH in Bethesda, Maryland.

Asarco worker, Danny Arellano, a young father who worked at the Acid Plant during the Toxic Waste burning in the 1990's, suffers from myelodysplastic syndrome. Wikipedia describes this as "preleukemia" that has a varying risk of transformation to acute myelogenous leukemia."

(click on the image to enlarge it on a new screen!)

Nice to get the press for this blog and the toxic waste burning, but the 633-5412 phone is ACORN and that is a separate group from this blog (see the links to "takedownasarco"). We have a similar goal in that we want the smelter to stay closed.

Acorn, GTLO Aug-25'th event

Grupo Mexico and Carlyle Group

"Grupo Mexico’s board of directors now includes directors of Kimberly Clark Mexico (the family business of U.S. Congressman James Sensenbrenner, author of last year’s anti-immigrant bill HR 4437) and the Carlyle Group (whose board included former President George Bush Sr.) In the 1990s, Grupo Mexico’s mushrooming capital gave it the resources to buy one of the oldest and largest mining companies in the United States, American Smelting and Refining Co." (8/11/06)
http://www.berkeleydailyplanet.com/article.cfm?archiveDate=08-11-06&storyID=24842

Justice is always in Jeopardy... Walt Whitman

"...Judging from the main portions of the history of the world, so far, justice is always in Jeopardy, peace walks amid hourly pitfalls, and of slavery, misery, meanness, the craft of tyrants and the credulity of the populace, in some of their protean forms, no voice can at any time say. They are not. The clouds break a little, and the sun shines out -- but soon and certain the lowering darkness falls again, as if to last forever. Yet is there an immortal courage and prophecy in every sane soul that cannot, must not, under any circumstances, capitulate...."

from the words of the poet, Walt Whitman, written in 1888 -- the decade that Asarco first started smelting here on the Rio Grande pass where two nations and several states meet -- when the river ran clean, fish swam in the waters, orchards grew downriver and people built TB sanatoriums here to recover in the clean air.

Question: how many people, from how many states in the USA, are needed to change six inches of dirt in one contaminated Anapra yard?

Anapra Clean-up cont.

2003 EPA Handbook recommended removing at least a foot of dirt... in Anapra they are removing 2 to 6 inches

"Based on Agency experience, it is strongly recommended that a minimum of twelve (12) inches of clean soil be used to establish an adequate barrier from contaminated soil in a residential yard for the protection of human health. Cover soil can either be placed after excavation as backfill or placed on top of the contaminated yard soil. The rationale for establishing a minimum cover thickness of 12 inches is that the top 12 inches of soil in a residential yard can be considered to be available for direct human contact. With the exception of gardening, the typical activities of children and adults in residential properties do not extend below a 12-inch depth. Thus, placement of a barrier of at least 12 inches of clean soil will generally prevent direct human contact and exposure to contaminated soil left at depth.....

Twenty-four (24) inches of clean soil cover is generally considered to be adequate for gardening areas; however, site specific conditions that may require more soil cover (e.g., presence of burrowing animals) should be considered. A 24-inch barrier normally is necessary to prevent contact of contaminated soil at depth with plant roots, root vegetables, and clean soil that is mixed via deep rototilling. Raised garden beds may be built to obtain 24 inches of clean soil, and may be more cost effective than excavating to 24 inches in depth, e.g., excavate 12 inches of contaminated soil, then add 24 inches of soil to create a 12" raised bed."

from: "Superfund Lead-Contaminated Residential Sites Handbook Final: August 2003 Prepared by the Environmental Protection Agency Lead Sites Workgroup (LSW) "

Soil removal in Colorado (soil removal is generally deeper in desert climates, since root zone is deeper)

"....soils remedy called for removal and replacement of the top 12 inches of soil, and
18 inches in vegetable garden soils, where metals concentrations exceed 73 parts per million
(ppm) cadmium, 500 ppm lead or 70 ppm arsenic. ...."

from:
Colorado Department of Public Health and Environment
Hazardous Materials and Waste Management Division
Five-Year Review Asarco Globe Site Denver, Colorado

Where's Waldo?

Looking for the EPA supervisors at the Anapra "clean up" site is like
looking for Waldo in the "Where's Waldo?" books....

How they cleaned up Lead (Pb) in Utah....

"Type of Cleanup Utilized: In July 1992, surface soil screening samples were collected to identify the perimeter
of the high lead contamination areas. This was known as Phase I. Between November 1992 and March 1993,
Phase II required the collection of soil samples, in addition to dust, tap water, and paint samples from the interior
of residences. Removal in 1994 occurred for all properties with surface soil lead concentrations greater than 4000
ppm. Contaminated soil was removed and taken to an industrial landfill or other acceptable disposal facilities.
Cleanup levels for this action consisted of excavating soil to a depth of eighteen inches or to depths where lead
contamination levels were less than 800 ppm. Some excavation included the demolition of small structures and
the removal of trees and shrubbery, which were then tested for residual lead contamination. The debris was then,
if applicable, disposed of in a construction or municipal landfill. Dust control and hazardous materials release
controls were established for stockpiles of contaminated materials during the removal, including air monitoring for
releases of hazardous substances during removal operations. Clean soil was brought in to replace the removed
soil, and the site was returned to its original grade. All areas which were excavated or regraded were contoured to
assist in drainage, which was directed away from the foundations of houses and buildings. Irrigation ditches were
replaced in the same configuration as they were originally found and constructed of compacted clay to prevent
erosion. Residential sprinkler systems were also replaced."
from: CERCLA IMMINENT HAZARD MINING AND MINERAL PROCESSING FACILITIES Office of Solid Waste U.S. Environmental Protection Agency February 1997

"clean-up" of Anapra (where are the EPA?)

Anapra "clean-up"?

Another telling of the Tale: The Emperor's new Clothes

(The emperor and his court tell us what to believe, and despite what we know, we play along and say, "there is no toxic waste"... and "doesn't our region look so cleaned-up?")

08.17.07
ASARCO cleaning up in Anapra

: ANAPRA, N.M. - Residents in the Anapra area are waking up to some cleaner yards because ASARCO has begun cleaning up lead and arsenic contamination. ....... As far as what is being cleaned up, ASARCO released this statement: "The clean up is being conducted under the direct supervision of the EPA. The material being removed and disposed of is not classified as hazardous waste and scientific studies show that there is not an imminent health impact to the community.".......

http://www.kvia.com/Global/story.asp?S=6947459

Utah Miners, and our smelter cemetery ... we must never forget

http://www.philly.com/philly/wires/ap/news/nation_world/20070819_ap_workatutahminegrim.html

Amarillo article about ASARCO refinery

Becoming refined
Process begins at city's Asarco plant
By Jim McBride

jim.mcbride@amarillo.com

Jingle a few coins in your pocket and pull out one of those fancy new state quarters from the U.S. Mint.

The copper inside probably came from Asarco's Amarillo copper refinery.

The refining process begins with anodes - 2-inch-thick slabs of nearly pure copper about 3 feet wide and 3½ feet tall - that are shipped from an Asarco smelter in Arizona. [suddenly there is plenty of copper and plenty of smelters to keep Amarillo at good-production. What happened to the reasons to close Asarco El Paso down? El Paso's closure was supposed to have meant that Amarillo couldn't get enough copper. Now, eight years after Amarillo, El Paso, Helena, TN and Corpus Christi were hit with the multi-media consent decree for their deliberate profit-making burning of untracked toxic wastes... suddenly Amarillo is back in full production. El Paso was supposed to only be closed 3 years. The streets in El Paso were supposed to be paved for six years. What happened here? WHY SHUT DOWN A SMELTER AFTER TOXIC WASTE WAS BURNED?

What have they not told us??!?]

http://www.amarillo.com/stories/081907/bus_8149794.shtml

TCEQ General Counsel for Commission moves deadline back for decision on Motion to overturn Asarco Stormwater Permit

The TCEQ General Counsel for Commission moved the deadline back for
decision on Motion to Overturn (MTO) Asarco Stormwater Permit to the end
of September (90 days from when the permit was mailed). Legally the
Commission does not have to act on the MTO.

UTAH Miners - three rescuers die in attempt to reach the trapped miners

"Future of Utah mine rescue effort uncertain after cave-in kills 3; miners' fate unknown (7:06 a.m.)

By The Associated Press

Article Launched: 08/17/2007 07:10:26 AM MDT

By The Associated Press

HUNTINGTON, Utah — The search for six miners missing deep underground was abruptly halted after a second cave-in killed three rescue workers and injured at least six others who were trying to tunnel through rubble to reach them.

It was a devastating turn for the families of the six men trapped in the Aug. 6 collapse at the Crandall Canyon mine and for the relatives of those trying to rescue them. It's not known if the trapped miners are alive...."
http://www.lcsun-news.com/latest/ci_6648396

THE ASARCO COVER-UP CONTINUES.....

Asarco begins cleanup in Anapra (4:30 p.m.)
Sun News Report
Las Cruces Sun-News
http://www.lcsun-news.com/latest/ci_6641360

ANAPRA, N.M. (AP) — A copper company has begun cleaning up lead and arsenic contamination in the soil around the community of Anapra on the New Mexico-Texas border at the request of the state Environmental Department.

The department said soil was contaminated by the Asarco copper smelter mill in nearby El Paso, Texas.

The $200,000 project, expected to be completed by the end of August, involves removing up to two feet of contaminated soils from yards, backfilling the yards with clean dirt, then landscaping.

The U.S. Environmental Protection Agency is overseeing the cleanup, and the state agency has asked that contaminated soil be taken to an El Paso landfill [Clint Landfill] instead of at the Camino Real landfill in New Mexico.....

new Brackish Groundwater National Desalination Research Facility at Alamogordo

Domenici to Help Commission Tularosa Desalination Facility

from the Office of Senator Pete V. Domenici

Tuesday, August 14, 2007

WASHINGTON – U.S. Senator Pete Domenici today announced that he will join Bureau of Reclamation officials in hosting a ribbon cutting ceremony and tour of the new Brackish Groundwater National Desalination Research Facility at Alamogordo later this week......
http://domenici.senate.gov/news/record.cfm?id=280823

Rep. Reyes to speak Saturday Morning Aug. 18 (will take questions)

"Channel 15 Time Warner Cable Sundays at 7PM also available at http://www.elpasotimes.com/election "...

....  "U.S. Representative Silvestre Reyes will be our guest speaker this Saturday.  He will speak concerning the Border Security Conference....  Forums are every Saturday from 8-9am at the Pearson Law Firm 214 W Franklin.  (across from City Hall)  They are free and open to the public and media....  joe oliva"

City of El Paso moves environmental monitoring to Dept. managing Dumps

On Monday, August 13, 2007, in a special meeting at the County Courthouse, the City and County voted to turn Health services over to the City and to have the City move the Environmental monitoring from Health Services to the Dept. that handles the City Dump. 

Cities who have MD's/Health Dept. covering environmental monitoring (instead of the SOLID WASTE managers handling it):
Dallas
New York City
LA (a whole separate environmental monitoring division) solid waste reports TO the EMD in L.A...
Houston
Norfolk VA
Albuquerque

Flushing away our future: wastewater putting frogs on endangered list

Sat 04 Aug 2007

Page: E1 / FRONT Section: Weekend Extra Byline: Kenyon Wallace Source: The StarPhoenix "There's a recognized worldwide decline in frogs," says Vance Trudeau, a University of Ottawa biologist who has been investigating the phenomenon for decades. "Common pharmaceuticals, habitat destruction, and increased UV exposure because of ozone depletion -- that's what we're looking at." ...... Trudeau believes the chemicals we flush down our toilets and drains are wreaking havoc on our ecosystems......." [the frogs that lived on the eastern side of the Franklin mts are no longer there...]

Asarco Creditors File Suit Execs

"Associated Press
Asarco Creditors File Suit Execs
Associated Press 08.09.07, 6:09 PM ET
WASHINGTON -
Creditors of mining company Asarco LLC have sued 13 insiders of parent Grupo Mexico, including its chief executive....

The creditors are seeking at least $100 million in damages plus additional punitive damages. They're accusing the executives of breach of fiduciary duty, corporate waste and unjust enrichment, among other charges.

The lawsuit names 13 officials - 12 Mexicans and one Arizona resident - who led Asarco after its acquisition by Grupo Mexico in 1999 [Asarco burned the illegal toxic waste in El Paso until at least 1998]. The group consists of several top Grupo Mexico officials, including the mining company's chief executive, German Larrea Mota-Velasco, who was also Asarco's chief executive....."
http://www.forbes.com/feeds/ap/2007/08/09/ap4006174.html

Utah Miners

Last news was that the drilling had hit a pocket of air and that the
miners may be alive. The rescuers don't know yet, as there hasn't been
sound from the trapped miners. Many prayers for the miners and their
families. It is good news that they have tried so hard to reach them.

Asarco Bankruptcy decision delayed until November 12, 2007

Asarco extension to file reorganization plan

Published on Friday, August 03, 2007

Bankrupt copper miner Asarco has been given an extension until Nov. 12 to finish resolving environmental issues dating back to 1983 and file a reorganization plan.

"The extension of exclusivity will allow Asarco time to complete its remaining restructuring efforts and continue what has thus far been constructive discussions with its constituent groups about various alternatives for emergence from Chapter 11," Joseph Lapinsky, CEO of Asarco, said in a statement.

Asarco is headquartered at 1150 N. Seventh Ave. It filed for bankruptcy protection in Corpus Christi, Texas, in 2005.
http://www.azbiz.com/articles/2007/08/03/news/breaking_news/doc46b38bfad3a7a676122560.txt

Pearson Forum morning of Aug-4: Superintent Garcia, EPISD

ask why EPISD hired Asarco's P.R. contact, Montoya, to do EPISD media? 

The Ray Pearson Forum

El Paso ’s Longest Running Forum

214 W Franklin

El Paso , TX  79924

 

Channel 15 Time Warner Cable

Sundays at 7PM also available at

http://www.elpasotimes.com/election 

 

Saludos,

This week the Superintendent for the EPISD Dr. Lorenzo Garcia will be our special

guest.   Come prepared with questions or e-mail them to me ahead of time and I will be happy to ask them for  you. 

 

Stay well and I hope to see you there,

joe oliva

7th Annual El Paso Pride Environmental Summit

from  Charlie Wakeem , forwarded from Sen. Shapleigh's offices, is the:
7^th Annual El Paso Pride Environmental Summit
September 7^th, 2007             8:00 am to 3:30 pm
Ysleta Cultural Center

9600 Sims   
 Get involved!        Be part of the Solution!    

Learn about:  Community Clean Ups

Environmental Crimes Training

Graffiti Tracking

Better uses for Tires and

Construction debris 

 

Come on, El Paso…  Keep It Clean!

Make Us Proud!

 

Continental Breakfast and luncheon provided

RSVP to Grace @ 834-4970


[Grace is with the TCEQ....h.m.]

Seating is limited!

Asarco investors appeal judge's ruling

Arizona Daily Star

Tucson, Arizona Published: 08.02.2007

Two investors in bankrupt copper producer Asarco LLC are taking an appeal to the U.S. district court on a ruling in July by the bankruptcy judge giving Tucson-based Asarco another 90 days when no one else may file a reorganization plan, Bloomberg News reported.
Saying they hold two-thirds of unsecured bonds and debentures issued by Asarco, Harbinger Capital Partners Master Fund I and Citigroup Global Markets Inc. also are appealing rulings by U.S. Bankruptcy Judge Richard Schmidt preventing them from conducting financial research without signing a confidentiality agreement they said was too restrictive.
A trial is set for September to estimate the amount of asbestos claims that pushed Asarco into bankruptcy.
http://www.azstarnet.com/allheadlines/194583

El Paso ASARCO: a Model for how Industry can shed environmental liabilities

Yes, folks, Asarco (El Paso) is being eagerly watched over the world --- will it succeed in getting rid of its environmental liabilities?  Will it succeed in cleansing itself through the bankruptcy process from the environmental liabilities that it never declared on its tax-books?  Can other industries use the model it is creating to shed their own debts? 

In the 1990's all companies were suppose to be honest and declare on their tax books what evironmental liabilities (clean up costs, hazardous waste dumps etc) they had.   Many didn't.   It is a huge criminal liability and a huge problem for many corporations.

Asarco made a secret agreement in 1998 with our government in the Department of Justice to hide its decade of sham recycling/the burning of toxic wastes -- many from military sites--- that poisoned Mexico and New Mexico, mostly poor mexican-american peoples.  It contaminated our water and an international aquifer.  They are still hiding stuff.

Asarco did not declare (and has not declared to this day) its environmental liabilities. The TCEQ and EPA are compromised.  Our government in the highest offices are allowing Asarco to dump these toxic costs.

Asarco was bought by Grupo Mexico (the Carlyle group) and also Glencore -- see: Metal Men: Marc Rich and the 10 Billion Dollar Scam, by A. Craig Copetas... also, see http://www.foxnews.com/story/0,2933,122,00.html   Grupo Mexico owns over half the freight railroad right-of-way in Mexico.

You and me the taxpayers are getting taken.  We not only are getting the toxic waste dumped on us, but are being asked to take on the debt to deal with the mess. 

The Border region is getting dumped on, violating the La Paz accord (agreement) between nations.  People have been exposed to terrible toxic waste and not told what it is.

The above is the story of the Anapra, Mexico; Anapra and Sunland Park New Mexico people.   And no maneuvering or dodging from the responsible parties can change the irrevocable facts of how it happened and what Asarco and our regulatory officials did.

My thanks to the Sunland Park Environmental Group for this information



 

ROBSTOWN US ECOLOGY --- WHERE ASARCO EL PASO SENT ITS POND DIRT LAST YEAR !!!!

http://www.americanecology.com/downloads/robstown_forms/USET_Audit_Handbook.pdf

Ask what NORM WASTE is!!!!!
(hint: google "NORM WASTE")

Downtown Bridge Blues by Sito Negron// link to the EPgtlo blog

note:
If these are the east-west rail lines that are serviced by the crossings (mentioned by Rep. Reyes below) then this issue has something in common with ASARCO.

The rail lines run right through the ASARCO site and over the toxic land. ASARCO is owned by Grupo Mexico (an investor is CARLYLE GROUP), who owns 1/2 the freight right-of-way in Mexico. ASARCO sits in Railroad district 8, whose headquarters is in MIDLAND TEXAS, home of the Bush Family who are principle investors in the CARLYLE group. All the nuclear dump sites proposed in the last 16 years here, were sited in Railroad District 8..... the sludge dumps -- here.... the toxic burning at ASARCO... here. Everyone made money on burning and dumping waste here. Now we have the Andrews County (railroad district 8) nuclear dump; they are reopening the MERCO sludge dump; they want to restart the toxic-waste-burning ASARCO ConTop furnaces. And, the federal government is putting money into making our downtown rail crossing safer. DO YOU FEEL SAFER YET?????

DO YOU THINK THAT REP.REYES REALLY WILL PUSH THE GAO TO INVESTIGATE THE TOXIC WASTE AT THE ASARCO SITE WHEN THIS ALSO IMPACTS RAILROAD DISTRICT 8 rail lines?

Downtown Bridge Blues by Sito Negron

"The merchants who already were upset about the work being done at the city’s international bridges are fairly apoplectic about a proposal to raise bridge fees. And the upcoming move to shift pedestrians from the current El Paso Street entrance to temporary inspection that will empty to Oregon isn’'t helping the mood. The International Bridge Commission will discuss the issue next week. ....
Posted on July 13, 2007

The federal project is overseen by the General Services Administration, and involves the Department of Homeland Security because of the inspection issues involved at the international border.

“The construction will be inconvenient and I understand the frustration of business owners in the
area,” said Congressman Silvestre Reyes. “I encourage
customers to continue visiting the affected businesses
during the construction period. The safety of our railroad crossings, though, is extremely important, and the long-term public safety benefits of this construction will serve our entire community.”"

August 2005 Rally at the Border Against Asarco

The Onslaught of Pro-Asarco News begins ...

$$$ Since July 16.... $$$  $$$ The Onslaught begins $$$


July 26:
Reclaman en El Paso gasto por campaña vs Asarco

July 21:
Asarco: ‘¿El texto como pretexto?’

July 20:
Generaría Asarco 21 mdd en impuestos: informe

July 19:
Emitió el incendio en basurero 44 ton de contaminantes
Apertura bajaría impuestos a la propiedad: regidor paseño

July 18:
Calculan impacto de reapertura en 1,000 mdd al año
Amenazan con tomar las instalaciones de la planta
Acuerda Cabildo de EP contratar empresa para aclarar desinformación

July 17:
Cartas: opina sobre Asarco
Sin pruebas, impacto ambiental
Protección al ambiente, el argumento

July 16:
Asarco... lucha de intereses
Quién es el Grupo México
Sepulta modernización a una vieja planta
Crece el frente opositor
Historia de Asarco
Proceso de la compañía por obtener el permiso de emisiones número 20345 ante la TCEQ
Eximen estudios a la fundidora
Verdad sin prejuicios

see http://www.diario.com.mx/search.php

(for online translation, to get the gist of the articles for English-only-readers, please go to:
http://world.altavista.com/

Number of environmental cops decreasing

Number of environmental cops decreasing
http://www.onelocalnews.com/duntonsprings/stories/index.php?action=fullnews&id=137607
Staff and agencies
26 July, 2007

By RITA BEAMISH, Associated Press Writer 14 minutes ago
Fewer U.S. environmental cops are tracking criminal polluters these days, their numbers steadily dropping below levels ordered by Congress. They are pursuing fewer environmental crimes in a strategy by the Bush administration to target bigger polluters.
An internal memorandum from one of the agency‘s top lawyers, obtained by The Associated Press, said the EPA is violating the U.S. Pollution Prosecution Act of 1990, which requires the agency to employ at least 200 criminal investigators.
In the legal memo, criminal office counsel Michael Fisher said Congress intended to increase criminal prosecutions under pollution laws by setting minimum staffing levels. Fisher wrote the memo to Assistant Administrator Granta Nakayama. Fisher did not return telephone calls and e-mails from The Associated Press over two days.
Schaeffer heads an advocacy group, Environmental Integrity Project, that compared five-year averages of the Bush and Clinton administrations and found a significant decrease in the numbers of criminal pollution investigations and civil lawsuits and the amounts of fines assessed under President Bush.

Ant Bait (a Parable about toxic waste)

A Tale

Once upon a time there were many tiny ants that were hungry and looking for food. They were very busy and were looking in so many places that the housewife put out peanut butter, with sugar in it, and boric acid. The ants didn't know that the poison was there: it kept the ants busy, working hard.

The ants were so excited that they swarmed the peanut butter. More and more ants came, and slowly took the food away.

And the hidden poison in the peanut butter and sugars that the ants couldn't taste, eventually killed them.

The END

WHAT ABOUT THE TOXIC WASTES (NO ONE HAS TESTED FOR THE TOXIC WASTES)

http://www.eldiariodechihuahua.com/notas.php?IDNOTA=71983&IDSECCION=El%20Estado&IDREPORTERO=Gabriela%20Minjares
(web page translated by Babelfish)

It restrains to Asarco the interests

Without scientific bases, competing groups to the reapertura of the fundidora have delayed the beginning [WHAT ABOUT THE TOXIC WASTES?]

Gabriela Minjares The opposition that exists for the reapertura of the fundidora Asarco on the part of several sectors of the border Juárez-El Paso-Sunland Park lacks scientific arguments and solid bases to demonstrate that an environmental damage in the region has been caused.[this is not correct - see the link in the beginning of this blog to the EPA SECRET DOCUMENT TO THE DEPT.OF.JUSTICE about the illegal and secret burning of toxic waste by Asarco in El Paso] The producing copper plant, located in the Surponiente of the Passage from 1887, closed its operations in 1999 before the fall of the international prices of this metal. When in 2002 the company tried to reinitiate its workings and managed the renovation of its permissions of emissions (that had won), was with this ample competing front that has prevented the reapertura to consider that the plant will contaminate the medioambiente of this border region.[Asarco's new ConTop furnaces did reduce sulfur dioxides in the air - but, Asarco did not tell the community that the ConTop was designed to burn Toxic Waste AND the El Paso plant was not ever given a permit to officially/legally burn toxic waste].[WHAT ABOUT THE TOXIC WASTES?] Nevertheless, in agreement with an ample investigation made by the Newspaper, many of the arguments of the groups that are against the reapertura of the fundidora are based on presumptions and disinformation, investigated situations that to the being left in the open I interest other people's to the environmental cause. [Who supplied the data for this story?][WHAT ABOUT THE TOXIC WASTES?] None of the environmental studies - independent officials and made by several agencies, Mexican and American dependencies and organizations have determined that Asarco is the main source of contamination in this border[both Weston Solutions and the Sierra Club in separate studies showed the link between Asarco and the lead contamination] That conclusion one reaches after making a revision to the diverse studies that the competing groups have used like foundation to sustain their opposition to that the permission of reapertura to Asarco is granted, of all which the Newspaper has copy in their power.[WE NEED TO TEST FOR, MEASURE AND TALK ABOUT THE ILLEGAL TOXIC WASTES BURNED BY ASARCO] Although some of those studies conclude that when the fundidora used lead in its process he was partially responsible for the contamination of the border ground, the data used in those reports correspond to information of three decades ago, every time the company let use the lead in 1980. In addition, it eliminated the fundidora of lead in 1985. In addition, most of these reports they do not take into account the technological changes made by Asarco in the decade to the 90,[umm are we talking about ConTop here? ] as well as they do not establish either that now the plant is prepared to fuse copper, that completely eliminated the lead use and that the company not even is the same one[Asarco's own 4151 Ore handling permit and emissions state that the ores will contain and that it will emit lead (Pb)] The American Smelting and Refining Company (Asarco) was a North American company until in 1999 it sold in his totality the Mexico Group, Mexican mining company that from 1965 had the 49 percent of the actions.[Asarco is now owned by Grupo Mexico, who owns over 50% of the Freight Railroad right-of-way in Mexico; and whose investors include the CARLYLE GROUP] The commercial relation of the Group Mexico and Asarco goes back at the beginning of 1900, when they established mining operations in Mexico and they developed to the mine Santa Eulalia and the smelting of Chihuahua, through a denominated subsidiary Mining Company Asarco. In 1965, as a result of a change in the Mexican legislation that imposed restrictions to the foreign participation in the share capital of Mexican mining societies, the company was reorganized and several Mexican investors acquired most of the share capital of the society. With the passage of time, the Mexico Group grouped several companies until becoming at world-wide level the second bigger company of copper reserves, the third copper producer and the fourth producer of silver. [THEN THEY CAN AFFORD TO CLEAN UP THEIR TOXIC WASTES LEFT IN THE PASO DEL NORTE REGION?!] To the group Germa'n Larrea presides over at the present time Speck Velasco, one of the richer Mexican industralists of the world, that simultaneously is advisor of Banamex and the Television Group. Between its directors they appear Valentin Diaz Morodo, ex- vice-president of the Group Modelo; Claudius X. González, president of Kimberly Clark of Mexico and director of General Electric [note: Carbon Dioxide, SO2, NO2 and other emissions-amounts are TRADEABLE ON THE OPEN COMMODITIES MARKETS], Kellogs, Home Depot, Carso Group and Television Group; Striking Juan Thurlow, member of the Sugar Group Mexico; and Juan Rebolledo Gout, who was private secretary of Carlos of Gortari and Saline undersecretary of Outer Relations in the administration of Ernesto Zedillo. The studies made by the Agency of Environmental Protection - dependency of the Government of the United States who is in charge to direct the environmental policies; EPA, by its abbreviations in English -, they reflect that Asarco is not the main source of contamination of the air in the Step. [but no one has tested for the Toxic Waste --- so, WHAT ABOUT THE TOXIC WASTE?] The emissions to the air that Asarco registered in 1999, their last year of operations, were not greater to the emissions than they had other nine companies in 2000, which they are at the moment in operation in the Step, nor exceed the limits established by the State of Texas, indicate the reports of the EPA. The Study of the Released Toxic Inventory (TRI, in English) emitted by the EPA in 2002 informs that companies established in the Step, such as the manufacturer of floors of loseta Dal Tile Corporation, the refineries Western and Chevron, Fort Bliss and four companies more, emitted more polluting particles than the registered ones by Asarco in 1999, three years before. [wiw, how about that. WHAT ABOUT THE TOXIC WASTE?] The companies mentioned in this report declined to comment out on the matter and, as the EPA has not returned to evaluate the emissions in the community, the present levels are not known [TRUE THE LEVELS OF TOXIC WASTE CHEMICALS ARE UNKNOWN]. "the opening of Asarco is not a threat to the medio.ambiente. From the implementation of ConTop, the things have changed ",[YES, CONTOP ALLOWS THE BURNING OF TOXIC SLUDGES AND OTHER WASTES] assures Lairy Johnson, manager of medio.ambiente of the fundidora in the Step. The ConTop technology (Continuous Top-Feed Oxigen Process), is a system that allows to fuse copper to one more a higher temperature, reason why the process is faster and the emissions are reduced in a 90 percent to the atmosphere. [WHAT ABOUT THE TOXIC WASTES?] Nevertheless, the technological advances implemented by the company are not considered by the ample front of opposition that has been integrated against the reapertura of the plant. Integrated by several officials government, like the mayors of City Juárez, Héctor Murguía; of the Step, John Cook; and of Sunland Park, Safe Rubén; as well as environmental and civil legislators and associations of both sides of the border, the opposition front affirms that Asarco represents a great danger for the region. One of the main opponents to the reapertura of the plant is the government of the Step, reason why it has launched a campaign in which it has invested almost million dollars (around 11 million weights, according to the type of present change) of the contributors in legal expenses and advertising announcements to act and to pronounce themselves against the fundidora. "We do not love an industry that sends 80 thousand tons of polluting agents every year. We do not think that he is right for the medio.ambiente since is a threat for the health of people and the economic development ", says John Cook, mayor of the Step. Cook affirms that their arguments are based on the request of permission that put under Asarco before the Commission for the Quality of the Medio.ambiente of Texas (TCEQ by its abbreviations in English) to obtain from new account the authorization and to reinitiate operations, but the document that the mayor paseño mentions does not contain the data that refer, since the same be in possession of the Newspaper. However, Cook mayor has not only continued with his campaign but that in addition for sale offered lands of Asarco to developer of diverse branches without the fundidora acceded to carry out these negotiations.[WHAT ABOUT THE TOXIC WASTES?] "They - the Town hall of the Step wants the land more than another thing. We have been blocked by the government, does not fit doubt; a great campaign against Asarco exists ", affirms the manager of the fundidora.[WHAT ABOUT THE TOXIC WASTES?] Johnson is not mistaken when she indicates that a "great campaign" against the company exists, since from the beginning of the proceeding of reapertura in 2002 a binational network formed to fight against the same one.[WHAT ABOUT THE TOXIC WASTES?] Headed by the international organization environmentalist Mountain range Club and with the endorsement of American senator Eliot Shapleigh, the front has extended to Mexico and has had greater resonance in Juárez through civil organizations who have summoned the same neighbors of the plant, that to legislators and authorities of the three levels of government. "We are an international organization that we have contact with countries as Mexico and our interest to maintain closed Asarco is by social and taken care of justice to the medio.ambiente", asserts Mariana Chew, leader of Mountain range Club in the Step. Nevertheless, the speech of opposition of this front is based on studies with untimely data, that do not consider the technological changes made by the plant [CONTOP][WHAT ABOUT THE TOXIC WASTES?] and reject the conclusions of governmental agencies like the TCEQ, that determined that Asarco is within the normal standards of emissions and can to authorize the operation leave. [THE SMOKING GUN MEMO LETS US KNOW THAT THE TCEQ IS HIDING THE TOXIC WASTE] A new turn far from the ecological question The battle joined by Asarco and the diverse blocks of opposition by the reapertura of the fundidora plant have acquired a new moved away turn of the ecological question. The land in which is the company has taken a great importance in the litigation.[THE EMISSIONS ARE WORTH MONEY INTERNATIONALLY] The lot property of Mexico Group is located in the 2301 the West of the street Of the same country in the Step and have an extension of more than 161 hectares of which 50 correspond the structure of the fundidora of copper. According to paseño Alexandro exposes the regidor Lozano, the land property of Asarco has enviable characteristics due to its logistic location and. It indicates that the land in which account with wagon infrastructure is located the fundidora plant and geographic position that allows connections with other towns and, mainly, with Juárez City, reason why are an ideal place for the development of very diverse projects.[WHAT ABOUT THE TOXIC WASTES?] Official documents indicate that the government of the Step met with eight developers in order to analyze the possibilities of creating new projects in the land in which is the fundidora of Asarco copper. "a conflict of interests on the part of the City Exists. They want the land ", assures the manager the plant.[WHAT ABOUT THE TOXIC WASTES? DOES THE CITY AND DO THE TAXPAYERS REALLY WANT TO TAKE ON THE UNCLEANED UP, UNMEASURED, UNDECLARED CONTAMINATION/POISON?] In order to prove this suspicion, the Asarco asked for by means of the Law of Access to the Information of the United States (FOIA, by its abbreviations in English) the documents that they establish that the government of the Step met with eight developers of several branches. In these documents, of which the Newspaper has in its power a copy, one settles down that Chuck Hendrix and Rick Goff, of the park of diversions Six Flags; Jason Leinehan, of The Place; Mac McClure, of the Main group Investment; Brad Snow and Katy Kier, of Reliable multicast Transport; Travis Gilbert, of Koontz-Mc Comb; the Cabelás company and personnel of the Foundation Brownfield Stewardship, met with civil employees of the Municipality in answer to the call of the City. Only which they visited the plant was the representatives of Six Flags, route who did at the beginning of this year by means of a request made by the government of the Passage through the lawyer who takes the case of bankruptcy of the company, indicates the director of Asarco, Lairy Johnson. The civil employee of the fundidora explains that they agreed in which the representatives of Six Flags visited the plant [WOW DID THEY WEAR HAZMAT SUITS ... WHY DID THE EPA WEAR HAZMAT SUITS TO TAKE SOIL SAMPLES IN THIS REGION?] [WHAT ABOUT THE TOXIC WASTES?]like part of the obligations that establishes the bankruptcy procedure, to maintain a policy of open doors and to offer visits guided the people interested in the operations of the company. "the request made by the city of the Step made us ask for the public opening of documents in last March. The documents that we received do not detach all the content or the intentions of the city to put themselves in contact with developer and to look for valuations of our land ", add. On the matter, Cook mayor explains that the city of the Step only offered alternatives to Asarco to do something with its property in case that the permission of emissions did not renew to them. "When Asarco signed the bankruptcy process, we wanted to know the terms in which are the lands and how much it would cost to again clean them in order to be developed", it adds. The regidor Lozano says that the position of the City is a weapon of double edge since, to occur the reapertura, Asarco it could demand them. It refers as antecedent the closing of the nocturnal center Foxy's in the Step, that it demanded to the City by a million dollars after which outside the local government the one who requested his closing. "In exchange for not paying that number, one remembered that we (the municipal government) would not have authority on them. The same it could happen with Asarco, but this time we would be speaking of one (demand by one) much greater number ". Lairy Johnson mentions that Asarco takes a file with the documents that guarantee the actions of the government of the Step and which they try to give his version of the facts whenever it occurs to know information erroneous. [WHAT ABOUT THE TOXIC WASTES?]

Monday, 16 of Julio of 2007

Blank FOIA request & Instructions

ConTop engine

Please use this URL to get nice concise list of EPgtlo posts

http://blogsearch.google.com/blogsearch?hl=en&tab=wb&ie=UTF-8&q=asarco+blogurl:http://epgtlo.blogspot.com/&scoring=d

Just a Little Rain

by Malvina Reynolds

---

Just a little rain falling all around
The grass lifts its head to the heavenly sound
Just a little rain, just a little rain
What have they done to the rain?

Just a little boy standing in the rain
The gentle rain that falls for years
And the grass is gone and the boy disappears
And the rain keeps falling like helpless tears
And what have they done to the rain?

Just a little breeze out of the sky
The leaves nod their heads as the breeze blows by
Just a little breeze with some smoke in its eye
And what have they done to the rain?

Full Committee Hearing - Water Technology Related Legislation
Thursday, October 20, 2005

Mr. Edmund Archuleta El Paso Water Utilities -- on water reuse, including stormwater [which means treating that stormwater to remove bad things so that it can be reused]

"My utility in El Paso must work with multiple jurisdictions including the United States and Mexico, Texas and New Mexico, and multiple counties, all of which face the challenge of providing water resources to a growing population in an arid region of our country. This experience, and my service as Chairman of the AwwaRF Board of Trustees and as a Board Member of the Water Reuse Foundation has convinced me that it is essential for our nation to identify and develop new technologies to treat new sources of water, including brackish groundwater, and to do so in the most energy efficient manner possible." [the utility will eventually treat storm water - and no one has talked about ASARCO's liability for the clean-up and removal of what it dumped here that we, the taxpayers, will ultimately bear the costs for clean-up --- this means, our stormwater]
" WaterReuse members use advanced treatment processes and monitoring to produce water of sufficient quality for the intended purpose from treated municipal and industrial effluent, storm water, agricultural drainage, and sources with high salinity such as seawater and brackish water. "

http://energy.senate.gov/public/index.cfm?FuseAction=Hearings.Testimony&Hearing_ID=1508&Witness_ID=2828


Municipal Separate Storm Sewer System Annual Report;City of El Paso and TxDOT El Paso District -- TPDES Permit No. WQ0004527000 March 26, 2007
"BMP A4-5: Use Retention Basins for Storm Water Treatment-- Currently, 271 storm water retention basins are in place throughout the City to accept and retain storm water run-off for flood control. Twelve small retention basins were incorporated into the City through new development during the 2006 reporting period." (these become mini-toxic-waste-dumps with wind and run-off deposition accumulating among other things, Asarco's ENCYCLE wastes)
http://www.elpasotexas.gov/environmental_services/_stormwater/2006%20Annual%20Report.pdf


"...the City immediately re-prioritized capital projects and was able to utilize the general operating fund to initiate the redesign and reconstruction. Additionally, the City Manager has recommended to Council the creation of a Stormwater Management & Utility District, under the possible auspices of the El Paso Water Utilities to fund such future infrastructure needs."
https://www.elpasotexas.gov/omb/_documents/fy2007_budget/BUDGET_BOOK_2007.pdf