(click on text to read full-size-text)

Asarco page for Environmental Mgt. Practices for the closed sites (i.e. El Paso)

http://www.asarco.com/closedsites.html

2005 old Newspapertree links to Asarco Filings and info.

Newspaper Tree presents a look back at filings in the case:

1. Original Petition, filed by Plaintiff (ASARCO INCORPORATED)

2. Original Answer of Defendant (Texas Commission on Environmental Quality, or "TCEQ")

3. Plaintiff's Initial Brief (Part one)

4. Plaintiff's Initial Brief (Part two)

5. Plaintiff's Initial Brief (Part three)

6. Brief of the City of El Paso, Intervenor (filed January 10, 2005)

7. Amicus Curiae Brief of the Latina/o Law Students Association, at the University of Wisconsin Law School

8. TCEQ Brief (Part One)

9. TCEQ Brief (Part Two)

10. The City of El Paso's Intervenor Brief

11. ASARCO Reply Brief (Part One)

12. ASARCO Reply Brief (Part Two)

13. ASARCO's Amended Original Petition

14. ASARCO's Motion to Strike the Amicus Curiae of the Latina/o Law Students Association

15. The Latina/o Law Students Association's Response to [ASARCO's] Motion to Strike Amicus Curiae Brief

16. The Court's Order of March 9, 2005

* * *

Previous ASARCO-related articles from NPT:

1. City Contract with Baron & Budd, P.C. (June 27, 2005)

2. Getting to the Bottom of the Superfund (June 13, 2005)

3. Two-fifths of a Paving Contract (May 28, 2005)

4. Sunset Heights ASARCO Controversy (May 12, 2005)

5. Demystifying the Open Records Process (April 27, 2005)

6. City Seeks to Enforce 1999 Asarco Penalty (March 30, 2005)

7. ASARCO Incorporated (ASARCO) v. Texas Commission on Environmental Quality (TCEQ) (March 15, 2005)

8. Briefs on ASARCO Case (February 14, 2005)

9. Background on ASARCO Case (February 1, 2005)

10. Notes on SOAH Preliminary Hearing (January 27, 2005)

11. Birch & Becker, LLP (January 17, 2005)

12. Clean up or Cover up? (Reprinted from the Texas Observer) (November 1, 2004)

* * *

Industry/Government/Community Links:

1. ASARCO, Inc. (El Paso)

2. EPA in El Paso

3. Texas Childhood Lead Poisoning Prevention Program

4. Get the Lead Out Coalition

5. El Paso Acorn

6. Sierra Club (El Paso Regional Group)

Health/Studies Links:

1. ATSDR study showing MS/lead risk for EP

2. SCERP Study

3. Encuentros Binational Community Lead Project

* * *
from July 11, 2005 newspapertree article
http://newspapertree.com/politics/641-asarco-links

Updated federal report finds greater hazard in arsenic

"Sat 27 Oct 2007 The Baltimore Sun
Closer look for cancer near park: Updated federal report finds greater hazard in arsenic from closed plant
By Tom Pelton
Oct. 27--Baltimore's health commissioner plans to study cancer deaths in the neighborhood around South Baltimore's Swann Park in light of a new federal finding that arsenic in the soil poses a greater health risk than previously reported.

The U.S. Department of Health said in June that there was "no public health hazard" to children who have played in Swann Park, unless they ate a tablespoon or more of dirt. But the federal agency revised that assessment yesterday, saying that "recent and historic exposure to Swann Park soil is considered a public health hazard."

"This means that there is a low but potentially real increase in cancer risk for people who have a significant exposure over years to the park," said the city's health commissioner, Dr. Joshua M. Sharfstein. "It justifies why we closed the park and why we need to clean it up."

The city closed the park in April after tests showed that its soil has high levels of arsenic, a known cancer-causing agent, from dust that blew from an adjacent Allied Chemical Co. pesticide factory that closed in 1976.

An EPA-funded study done in the 1970s by a Johns Hopkins scientist found lung cancer deaths more than three times the normal rate in the neighborhood around Swann Park. The deaths were linked to arsenic dust from the factory next to the park and from train cars carrying the carcinogen.

But until yesterday, city and federal health officials said there was almost no risk to the public from arsenic left in the soil after the factory shut down in 1976.

Now, federal officials are saying that children, coaches and grounds workers who used the park at least 182 days a year might have an increased cancer risk from inhaling dirt particles and touching their mouths after getting their hands grubby.

......

On Oct. 6, the city and Honeywell submitted a plan to the Maryland Department of the Environment to remove 3,200 cubic yards of contaminated dirt at the park, then cover the site with two feet of clean soil. Under the plan, the park would reopen in 2008......

tom.pelton@baltsun.com

http://www.baltimoresun.com/news/local/baltimore_city/bal-te.md.ci.arsenic27oct27,0,2067591.story"

from arsenic newsletter...

EMERGENCY NOTICE OF ASARCO BANKRUPTCY FRAUD sent by SPGEG to the US Trustee on October 16, 2007 (part 2)

EMERGENCY NOTICE OF ASARCO BANKRUPTCY FRAUD sent by SPGEG to the US Trustee on October 16, 2007 (part 1)

(click on image to read full-page)

Poem by Ella Wheeler Wilcox 1915

"PROTEST

To sit in silence when we should protest
Makes cowards out of men. The human race
Has climbed on protest. Had no voice been raised
Against injustice, ignorance and lust
The Inquisition yet would serve the law
And guillotines decide our least disputes.
The few who dare must speak and speak again
To right the wrongs of many. Speech, thank God,
No vested power in this great day and land
Can gag or throttle; Press and voice may cry
Loud disapproval of existing ills,
May criticise oppression and condemn
The lawlessness of wealth-protecting laws
That let the children and child-bearers toil
To purchase ease for idle millionaires,
Therefore do I protest against the boast
Of independence in this mighty land.
Call no chain strong which holds one rusted link,
Call no land free that holds one fettered slave
Until the manacled, slim wrists of babes
Are loosed to toss in childish sport and glee,
Until the Mother bears no burden save
The precious one beneath her heart; until
God's soil is rescued from the clutch of greed
And given back to labour, let no man
Call this the Land of Freedom."

The New Mexico State University College of Engineering received a gift of $1.5 million to establish the Freeport-McMoRan Copper & Gold Water Quality Laboratory. The gift was made by the Freeport-McMoRan Copper & Gold Foundation.

http://www.lcsun-news.com/portlet/article/html/fragments/print_article.jsp?articleId=7245183&siteId=557

Can anyone say, "Conflict ... of... Interest"?  [see Biological Sciences for Sophomores Dragonfly Book, the opening chapters for a good explanation of how to look for conflict of interest in scientific research ...]

"NMSU receives $1.5M for water quality lab
By New Mexico State University
Las Cruces Sun-News
Article Launched:10/22/2007 12:00:00 AM MDT

The New Mexico State University College of Engineering received a gift of $1.5 million to establish the Freeport-McMoRan Copper & Gold Water Quality Laboratory. The gift was made by the Freeport-McMoRan Copper & Gold Foundation.[Freeport-McMorRan is the company that purchased Phelps-Dodge, which ran smelters in and near El Paso during the years that Asarco was found to be illegally burning toxic waste.  Information released by FOIA inquiry states that Asarco contaminated the river and aquifer, i.e. the water.  Asking the industry to set up a water quality lab might be like asking a fox to guard a henhouse; or (in the words of a friend), "handing a burglar the keys to your home". ]

"We are very pleased to be a partner with NMSU to ensure that the academic and research needs of the state and region are met in an effective manner," said John Galassini, senior vice president, Freeport-McMoRan Americas. "The establishment of this new water quality lab represents new, cutting-edge research capability that does not currently exist within the state or the region. The lab will also be an important addition to the campuswide natural resources research cluster initiative, which supports the development and implementation of strategies that build sustainable water, energy and land resources." "

[??seems like the industry will run out of excuses for not telling us what Asarco toxic-waste-handling/burning released into our water??]

Bankruptcy court approves raise for Asarco CEO

"Bloomberg News Tucson, Arizona | Published: 10.22.2007 A judge ruled that Tucson-based copper producer Asarco LLC can raise the salary of CEO Joseph Lapinsky from $425,000 to $500,000, pay him an $85,000 bonus, and make him eligible for another performance bonus for as much as 75 percent of his salary payable at the discretion of the board, Bloomberg News reported...."
http://www.azstarnet.com/sn/allheadlines/207336.php

The people paying the cost - are the elderly, the ill, the children and the unborn of this region...

"...Teresa Montoya [Asarco Media Firm] is about the only money I can say EPISD is spending correctly [Montoya now also gets paid by EPISD for media]. There's clearly no conflict, but working for ASARCO or supporting ASARCO could end up being a punishable offense in this town soon! -- David K [El Paso radio host]"   [EPISD has a one million dollar contaminated schools cleanup legal claim against ASARCO (anon)]


City Refuses Asarco Demand to Take Down Video
Asarco should never ever be allowed to re-open in MY city. I have been here since 1978 and know the entire history, their bankruptcy to get out of paying for a clean-up, and their continued distortion of what exactly will be leaking into our skies, and our soils.

What I want to know is who is paying for the slick [Asarco] propaganda brochures which have been mailed to my address 3 times now, and their TV ads????
Whose paying for all that? -- Miki Cutler
http://newspapertree.com/opinion/1742-readers-respond-10-19-07

[The people paying for all of that are the elderly, the ill, the children and the unborn of this region]

New El Paso Asarco Environmental Manager studied Hueco Bolson Aquifer (UTEP)

"A gravimetric study of the thickness of the unconsolidated materials in the Hueco Bolson Aquifer, Juarez Area, Chihuahua, Mexico"
Arturo Burgos, University of Texas at El Paso

Bob Litle worked at East Helena MT Asarco smelter from the beginning of the ENCYCLE Recycling years (1998) to 1996...

"Mr. Litle, 47, has been serving as manager of the East Helena Plant since 1992... was named operations manager at East Helena in 1988."
http://www.thefreelibrary.com/Litle,+Shaw,+Castor+named+to+new+posts+at+ASARCO-a018037636

Litle: 2004 contact for GLOBE Asarco Smelter Colorado Dept. of Public Health and Environment Covenant (agreement)

Asarco Globe Plant Site Environmental Covenant Summary
Covenant ID: HMCOV00014
Covenant Information:
Covenant Date: October 4, 2004
Self Reporting: No
Media of Concern: Surface Water: No Groundwater: Yes Air: No Soil: Yes Other: No
Contaminants of Concern: arsenic, cadmium, lead
Property Restrictions:
1. Prohibits use of property - no residential or raising of crops or livestock
2. No child or animal daycare facilities allowed
3. No use of groundwater
4. No excavation or disturbing of soil cap unless previously approved by the Department
5. No excavation of or building on the Former Neutralization Pond

Site Information:
ID: 007063530Name: Asarco Globe Plant SiteAddress: 495 E. 51st AvenueCity: DenverState: COZip Code: 80216Legal Description: County: Adams, Denver
Site Contact Information:
Asarco Globe Plant Site
Name: Bob Litle
Address: 495 E 51st AvenueCity: DenverState: CO Zip Code: 80216
http://www.cdphe.state.co.us/

Upper Arkansas River Natural Resource ...

In 1999, Bob Litle was a designated ASARCO representative serving on the Public Participation Work Group for the Upper Arkansas River Natural Resource Damages ... Public Participation Plan (Plan). [It was] intended to outline the process for public involvement set forth in the Memorandum of Understanding (MOU) entered into by the United States, the State of Colorado, ASARCO Incorporated, Newmont Mining Corporation, Resurrection Mining Company, and the Res-ASARCO Joint Venture (collectively, the "MOU Parties") dated and effective April 15, 1999."
http://www.fws.gov/mountain-prairie/nrda/Reports/Finalppp.pdf

Bob Litle co-authored paper on Lead exposure for Asarco CA Gulch Site

"Addressing Multiple Sources of Lead Exposure with a Community-Based Environmental Health Program
Kathy Tegtmeyer, MFG, Inc., 4900 Pearl East Circle, Suite 300W, Boulder, CO  80301, Tel: 303-447-1823, Fax: 303-447-1836
Amy Morrison, MFG, Inc., 130 W. 9th St., Leadville, CO  80461, Tel: 719-486-3538, Fax: 719-486-3556
Bob Litle, Asarco Incorporated, 495 E. 51st Ave., Denver, CO  80216, Tel: 303-296-5115, Fax: 303-298-7869 
An integrated environmental remediation and community health program, known as the Lake County Community Health Program, was selected as the remedial action for residential areas within the California Gulch CERCLA Site (Colorado)."
http://www.umasssoils.com/posters2002/heavymetals.htm#Addressing%20Multiple%20Sources%20of%20Lead%20Exposure%20with%20a%20Community-Based%20Environmental%20Health%20Program

Bob Litle co-authored a paper in 2001 attributing Denver Arsenic soil aberations to Pesticide use, not the Asarco smelter

(click on abstract above to read it full-page) for the full article see:

http://www.envirogroup.com/publications/environmental_forensics_article.pdf

Bob Litle was the Unit Manager for the Asarco Omaha Plant in 1997, before the multimedia consent decree was levied against five Asarco locations...

http://oaspub.epa.gov/enviro/tri_formr_partone.get_details?rpt_year=1997&fac_id=68102SRCNC500DO&ban_flag=Y

Is the new Asarco El Paso manager coming here to do environmental "damage control"? (he is a former spokesperson for environmental damages at Leadville, Omaha, Denver...)

"10/10/2004...
The Denver Coliseum, near Brighton Boulevard and I-70, now sits on land where the smelter once was located, said Robert Litle, environmental services manager for Asarco, a Phoenix-based metals and mining company.
The EPA agreed to scrape and replace dirt from about 850 properties near the old smelter, Litle said; to date, the government has cleaned 389.
Last week's agreement between the EPA and Asarco calls for the company to cover the cost of cleaning 100 of the remaining properties, Litle said.
He estimated that it will cost between $10,000 and $20,000 to remove and replace the soil from each contaminated property.
Asarco has experience doing such cleanups at another nearby location - its former Globe smelter site near East 51st Avenue and Washington Street.
Litle said Asarco cleaned up the yards of about 850 homes near the Globe facility, where smelting operations to remove impurities from gold, silver, lead and copper began in 1886."
http://www.zoominfo.com/people/Litle_Bob_141358057.aspx

see also:
Leadville
http://www.leadvillechronicle.com/home.php?content=article&article=1310&PHPSESSID=7a512db65358e5671b8ff227f5c3e503
Published on: 9/12/2004... Bob Litle, of Asarco, said the treatment of the new water might take some "trial and error" because the water from the Black Cloud is expected to have a somewhat different chemistry.

see also:
www.omaha.com/index.php?u_np=0  ...
Published on: 10/28/2002  
Bob Litle, an Asarco spokesman, also acknowledged that the company owes the city a total of about $325,000 for two other items.
The company also faces potential responsibility for toxic cleanups in cities throughout the country, especially in Western states.

Asarco LLC announced today that a new management team for their El Paso Plant is in place

"El Paso, Texas - October 18, 2007 .....

Bob Litle, new Plant Manager, has an extensive background in managing Asarco’s core businesses and operations that includes non-ferrous metals, specialty chemicals, environmental operations, and regulatory compliance. A native of Bozeman, Montana, Mr. Litle received a Bachelor of Science degree in chemical engineering from Montana State University

Art Burgos, new Environmental Manager, has critical experience managing environmental programs to ensure compliance with local, state and federal environmental regulations. Mr. Burgos is well-educated, including a bachelor of science in Geological Engineering from the University of Sonora Mexico and a Diplôme d’Etudes Supérieures Spécialisées (DESS) (focusing in Mining/Hydrogeology) from the School of Mines of Paris, France. In addition, Mr. Burgos has earned a masters of science in Environmental Geology with a focus on Hydrogeology and Environmental Engineering and Science from The University of Texas at El Paso."
http://www.newspapertree.com/press_releases/195-asarco-announces-new-management-at-el-paso-plant

Arizona Copper smelter FLUE Dust contains elevated amounts of radioactive material from unknown source(s)

" The ADEQ detected elevated levels of TENORM [technologically enhanced naturally occurring radioactive material] in the smelter flue dust at the Magma Copper Company's smelter and concentrator operations in San Manual Arizona. The exact source of the radiation is unclear, and it may originate from the ore concentrates, or the natural gas used in the smelter, or it may come from some other source."

"When the Arizona Department of Environmental Quality shared data with EPA on TENORM emanating from copper mines in mid 1992, the Agency began a study of the occurrence and distribution of TENORM at mines in the southwestern copper belt of Arizona. The following report is the result of that study. TENORM in SW Copper Belt of Arizona (PDF) (124 pp, 2,470 Kb) [EPA 402-R-99-002]"

"Soils and rock in copper mining areas may contain naturally-occurring radioactive materials (NORM):uranium, thorium, radium"

see:
http://www.epa.gov/rpdweb00/tenorm/copper.html

[the Ionics Brine concentrator (distillation unit) at Asarco El Paso was rated to handle LLRW (low level radioactive waste) - we are not told if that feature was needed at Asarco El Paso or not...  Ionics has since been purchased by G.E. and the description of that unit is not available online]