TCEQ begs the question of the secret toxic waste

To:  Michael Chamberlain, TCEQ Legal Assistant
Fr:  Heather McMurray

If the TCEQ is "required to produce portions of documents that do not fall under an exemption even if other portions of the document fall under an exemption."  then why hasn't TCEQ done so?  

The TCEQ's actions appear as a deliberate evasion of open-government and access to the information I requested.  You have completely ignored my request, when I stated: "However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his [Mr. Brad Wilkinson's] possession."  

My only conclusion can be that the TCEQ does not want the Paso del Norte Community to know what poisons have been left here from what the EPA/DOJ 1998 confidential-for-settlement-purposes-only-document told us was deliberate incineration of unmanifested toxic-wastes for profit over years.

"I continue to point out that it is inherently incredulous that Mr. Wilkinson claims he has no communications (email, phone, electronic-mail from the phone, correspondence) about mercury (or strontium or the other chemicals I listed).   However, this time you and/or he QUALIFIED that statement by adding the words  "IN HIS POSSESSION".   Please tell me in whose possession this data is in, if not in his possession.  It is inherently impossible for the TCEQ primary remediation contact to have no communications on record regarding these contaminates of concern."

"It is inherently incredulous that the main contact (B. Wilkinson) for all ASARCO El Paso remediation work for the last decade has no emails, wireless or otherwise (or phone logs, or correspondence) responsive to my request.  This is bordering on a deliberate withholding of information from the public.

In regards to having to submit a request for documents through the TCEQ public information - I had already done this, and these email communications were a result of Mr. Wilkinson refusing to admit he has any information responsive to my request.   Please note that I stated "If any of the information cannot be released to me in whole or in part because of confidentiality, please list those documents in question."  The latter was not done.

You will note the following records request.  Your offices have consistently failed to reply to my message stating that it is impossible for Mr. Wilkinson to not have Asarco El Paso Mercury data (for example) from the TCEQ when the TCEQ itself has sent me ASARCO mercury data.  There is no one else who oversees the remediation at the TCEQ.  He is the sole contact."

Toxic Hudson River Sediment Could Poison Texas Aquifer

And what do they do with the Toxic Rio Grande Sediment containing only gods-know-what from the old ASARCO Plant site?  Can we ship it to New York State for disposal?

Google News Alert for: toxic waste

"Toxic Hudson River Sediment Could Poison Texas Aquifer Environment News Service - USA The train cars will have plastic covers that would do nothing to hold the toxic waste in the event of a derailment. These train cars should be properly ... PCBs leaked from the GE Hudson Falls Plant site into the Hudson River (Photo courtesy U.S. EPA)"

Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement

-------- Original Message --------

Subject:	Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement
Date:	Mon, 18 May 2009 13:31:01 -0600
To:	Lorinda Gardner <LGARDNER@tceq.state.tx.us>, "pubcomment- ees.enrd"[AT]usdoj.gov, tonia.fleetwood[AT]usdoj.gov, AskDOJ[AT]usdoj.gov, jackson.lisa[AT]epa.gov, jackson.lisap[AT]epa.gov, AskDOJ[AT]usdoj.gov, pubcomment-ees.enrd[AT]usdoj.gov, Peter.Ambler[AT]mail.house.gov, eliot.shapleigh[AT]senate.state.tx.us

To: TCEQ, EPA and DOJ
Fr:  Heather McMurray
cc/bc: Concerned parties, including media and the IBWC
sb: Public comments IGNORED by both the DOJ, TCEQ and EPA in their public response to Asarco El Paso bankruptcy FRAUD statement

The Federal Department of Justice "update" to the official response to public comments concerning the ASARCO EL PASO BANKRUPTCY is excerpted below.   The link is at the bottom of this email.   The list of comments received mentions 1738 timely comments and 25 transcribed comments.    The table below and the document does not mention ANY of the concerns that I expressed.

I would like to know why.

I know from the transcribed-public-comments session that no one raised the concerns that I gave; and, that I said AT THAT SESSION that the concerned citizens of Sunland Park (Sunland Park Grassroots environmental Group/SPGEG) are tired of not having their questions answered.

In my opinion, this ongoing silence regarding the SPGEG's letter to the Governor -- handed in person to him twice over 2 years (and to the U.S. DOJ Bankruptcy Trustee) and the absence of ANY RESPONSE to these questions shows that the EPA, the TCEQ and the DOJ are failing to address the evidence in these documents.

That the EPA, the DOJ and the TCEQ have failed to mention or address the concerns in my public-comments; that they have failed to mention or address the concerns expressed by Bill Guerra Addington regarding content of the formerly confidential-for-settlement-purposes-only EPA/DOJ 1998 document and what happened at ASARCO EL PASO TEXAS; and that they have failed to do so despite multiple opportunities when they received these concerns and could have replied to these is significant.

We in the Paso del Norte Region (El Paso TX, the community of old Anapra Mexico and the residents living in Sunland Park NM) want honest answers from our government.

We are tired of the continued cover-up.

We are tired of the inability of our government to give honest answers while:

• Grupo Mexico (Ferromex/UP) (owned 20% by Carlyle Group) bids on a 45 year freight rail contract to operate and carry freight from the new Punta Colonet Baja-Mexico-seaport along northern Mexico up through the new international city of San Jeronimo/Santa Teresa, within a 15 mile-radius of the ASARCO EL PASO illegal/secret toxic-waste stacks WITHOUT DECLARING THE ILLEGAL AND STILL-SECRET TOXIC WASTE. 
• EPA/TCEQ have known for some time that Asarco contaminated the international Hueco Bolson and the Rio Grande (and, a huge desalinization-plant has since been built on Fort Bliss property for the City of El Paso to remove 99% of the contaminants from the Hueco Bolson waters) yet they are only now telling the public.  
• The IBWC workers remain sick from working right next to the old ASARCO EL PASO smelter stacks, while the OIG from our STATE DEPARTMENT (3/05) agreed that they were sick and that they couldn't get independent medical review in our region; and, while the IBWC has consistently been asking for help for the ASARCO contamination and the cracking-old American canal (build over 70 years ago after International-Treaty at American dam to separate Mexico from American waters) since 2001 -- eight long years ago.

Our government, as the CNN video on ASARCO EL PASO aptly said, is "broken government"; and we respectfully ask those within the new Presidential Administration to pay attention to our plight down here; and, begin to make things right.

[see page 33 and 34 of document linked below for the table that is mentioned]

You are subscribed to receive updates from the Texas Commission on Environmental Quality regarding the ASARCO site in El Paso, TX. 

We have added the Department of Justice's responses to public comments regarding the El Paso settlement as well as other environmental settlements under consideration by the bankruptcy court. To go directly to that 74 page document, click here.

To go directly to the ASARCO webpage,  click here.

May 15'th Grupo Mexico files offer with Bankruptcy Court for Asarco...

"NEW YORK, May 15 (Reuters) - A Grupo Mexico SAB de CV(GMEXICOB.MX) unit
on Friday formalized its $1.55 billion offer for bankrupt U.S. copper
miner Asarco LLC by filing its own proposal for Asarco's reorganization
in a Texas court.... is competing against a $1.7 billion offer from
India's Sterlite Industries (STRL.BO).... Grupo Mexico said it is
offering $1.3 billion in cash and a $250 million fully committed loan to
regain control of Asarco. Sterlite's offer is for $1.1 billion in cash
and and about $600 million of senior secured notes, payable over nine
years."
http://www.reuters.com/article/bankruptcyNews/idUSN1530360420090515
<cid:part1.09020807.02040207@gmail.com>

Poisoned by dumping

http://news.bbc.co.uk/1/hi/programmes/newsnight/8049964.stm

oil residues from shortcutting refining methods

Henry, singing "Just say No to ASARCO"

Trafigura says that it never happened

Papers prove Trafigura ship dumped toxic waste in Ivory Coast
guardian.co.uk - UK
Documents have emerged which detail for the first time the potentially lethal nature of toxic waste dumped by British-based oil traders in one of west ...
See all stories on this topic

Chicontepec oil project

"Mexican energy giant Pemex has delayed a 170-well tender for the Chicontepec oil project citing technical reasons.

Baker Hughes submitted the lowest bid earlier this year on a contract for the drilling and 170 wells on the Chicontepc paleocanyon, in a region overlapping both Veracruz and Puebla states.

Industry sources said Baker Hughes bid $160.7 million, just ahead of Mexico's Zapata drilling outfit, with $160.9 million, while US giant Halliburton was in third place with $170 million."

Mexico delays Chicontepec bids

Expensive to clean up groundwater

... IBWC has been saying this for eight years...

Google Blogs Alert for: asarco

Groundwater part of Asarco cleanup | MINING.com News By Individual.com Cleaning the polluted groundwater beneath the Asarco smelter will be the most expensive part of removing 100 years of contamination at the site, according t. MINING.com News - http://news.mining.com/

---

"Groundwater part of Asarco cleanup

Diana Washington Valdez
EL PASO, May 12, 2009 (El Paso Times - McClatchy-Tribune Information Services via COMTEX) --

Cleaning the polluted groundwater beneath the Asarco smelter will be the most expensive part of removing 100 years of contamination at the site, according to the government's proposed plan."

Somalia and the toxic Waste: Biggest class action suit ever in Britain

'Dirty tricks' over toxic waste BBC News - UK It arises from the dumping of toxic waste three years ago in Ivory Coast's largest city, Abidjan. In the aftermath, up to 100000 people fell sick and 16 ... See all stories on this topic

---

 This as-it-happens Google Alert is brought to you by Google.

"By Liz MacKean
BBC Newsnight reporter

London's High Court will on Wednesday hear allegations of dirty tricks in the biggest class action ever brought before the British courts."

It is all about Closure and no DISCLOSURE

and the May 11 2009 EPA/DOJ/TCEQ Asarco bankruptcy 'meeting' was
same-old-same-old

They assigned a privately-hired Attorney to mediate for them.

DOJ attorney scheduled to be at ASARCO meeting on the 11'th: Prieto

Jeffrey M. Prieto, 37 MPA-URP Candidate, Woodrow Wilson School of Public and International Affairs, Princeton,
http://clinton6.nara.gov/1997/02/1997-02-10-white-house-fellowship-regional-finalists-announced.html (also http://www.princeton.edu/webannounce/WWS_Headlines/Archived/2002/JUL_Text.html)

American Bar Association member of the Standing Committee on Environmental Law
http://www.abanet.org/environ/calendar/pdf/36thNatSprConf060608_brochure.pdf

Member of the California Bar;attended Univ of California Santa Barbara; CA and then law school at UCLA SOL; Los Angeles CA (admitted to State Bar of California in June 1997)  http://members.calbar.ca.gov/search/member_detail.aspx?x=188553

New TCEQ ASARCO reports available on their ASARCO INFO webpage

Expert Reports
James Sher, P.E.	47	10.7MB
Benjamin Costello	3	26kb
Benjamin Costello - Attachment 1	8	42kb
Benjamin Costello - Attachment 2	1	8kb

Asarco groundwater 6,200 times the legal limit for Arsenic.....

"The groundwater at the facility has arsenic, lead, and cadmium concentrations
above the maximum contaminant level (MCL). ......The most prevalent
COC in the groundwater is arsenic. Currently, the highest concentration of
arsenic in the groundwater occurs in onsite well EP-49 with a concentration of
62.5 mg/L, which is approximately 6,200 times the MCL for arsenic. The area of
contaminated groundwater is shown in Figure 5."
http://www.tceq.state.tx.us/assets/public/remediation/variousremediationsites/sher_asarco_expert_report.pdf

Why are the same DOJ people who signed onto the ASARCO Bankruptcy (i.e. "fraud") the same ones coming down here to El Paso for our comments? They should RECUSE themselves

"Case 05-21207 Document 6424 Filed in TXSB on 12/03/2007 Page 10 of 12
Page 11
Respectfully submitted,
RONALD J. TENPAS
Acting Assistant Attorney General
Washington, D.C. 20530
/s/
ALAN TENENBAUM
DAVID DAIN
JEFFREY M. PRIETO
CARA M. MROCZEK
Environmental Enforcement Section
Environment and Natural Resources Division
U.S. Department of Justice
Attorneys for the United States of America
Dated: December 3, 2007"
http://archives.newspapertree.com/December%202007/12.7.07%20ibwc%20dec%203.pdf


It is all about "CLOSURE" and not about "DISCLOSURE" of the illegal and formerly secret toxic-waste burning (some of military origins) done by ASARCO El Paso from 1992-1998 (NYTIMES 10/06)--- and revealed when finally some HONEST person in the DOJ released the "confidential settlement document" as a public document after EIGHT YEARS of secrecy.

Will the DOJ expose the ASARCO Bankruptcy Fraud?

TCEQ, EPA and DOJ to Hold Asarco Public Meeting

(Dallas, Texas – May 7, 2009) The Texas Commission on Environmental Quality (TCEQ), U.S. Environmental Protection Agency (EPA), and the U.S. Department of Justice (DOJ) will hold a public meeting on the Consent Decree and Settlement Agreement for the Asarco smelter site in El Paso, Texas, and the zinc refinery site in Amarillo, Texas, filed in the Asarco bankruptcy proceeding. A presentation will be made by TCEQ, EPA, and DOJ, followed by the taking of public comments. The federal agencies at a later date will file a response to all public comments with the Court. Speakers will be limited to five minutes to provide comments. We are particularly interested in hearing from those members of the public that have not previously submitted comments regarding this matter. The meeting will be broadcast through the City of El Paso closed circuit system. Spanish translation will be provided at the meeting.

WHO: Caroline Sweeney and Carlos Rubinstein, TCEQ
Terry Sykes, EPA
Jeffrey Prieto and Cara Mroczek, DOJ

WHERE: City Council Chambers
2 Civic Center Plaza
El Paso, Texas
(for directions to City Hall, go to http://www.ci.el-paso.tx.us/directions.asp)

WHEN: Monday, May 11, 2009
6:30 p.m. to 9:30 p.m.

More information about activities in EPA Region 6: http://www.epa.gov/region6

Vanderbilt Financial Trust

New Mexico: Richardson Pal Marc Correra Made $2 Million On "Toxic ... TPMMuckraker - New York,NY,USA By Moe Tkacik - May 6, 2009, 2:35PM Last week we introduced you to Marc Correra, a longtime ally of New Mexico Governor Bill Richardson, who appointed his ... See all stories on this topic

---

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DOJ allowing ASARCO El Paso to get away with fraud in the ASARCO Corpus Christi bankruptcy case

We want a DOJ Bankruptcy trustee who will do his job; and, disclosure of
the toxic wastes.

ASARCO El Paso is getting away with fraud in the ASARCO Corpus Christi
bankruptcy case, because a Dept. of Justice Bankruptcy trustee has
failed to make the ASARCO-Bankruptcy-court consider the unmanifested and
illegal toxic wastes ASARCO burned from 1992- 1998 (NYTimes 10/2006).
The EPA let the DOJ know about the illegal activity through a formerly
"confidential settlement document" (that was released to me in 2006
after being secret for eight years). The EPA is still failing to
reveal what toxic wastes are in the Paso del Norte region from this
activity.

In settling ASARCO's debts, the court is failing to consider the effects
of that toxic-waste. They act as if the toxic-waste never existed (the
EPA (and TCEQ and NMED) are still hiding the toxic waste (some of it had
military sources)). That is a fraud.

The ASARCO contamination has reached the Hueco bolson (international
aquifer), and the Rio Grande (at the International Treaty site of the
American Dam where waters are separated into Mexico vs American waters).

Italian subsidiaries of ASARCO in the 1990's....(1999 in this example)

http://www.secinfo.com/dsvrt.64R1.8.htm

Enthone-OMI (Italia) S.A.R.L. (Italy) 51.6
Enthone-OMI Holdings (Europe) S.A.S. (France) 100.0
Enthone-OMI (Italia) S.A.R.L. (Italy) 48.4

The ASARCO EL PASO site... it's all about
CLOSURE
but not
DISCLOSURE