Photo: File-VPC

As we have noted earlier, due to the rise in world copper prices, ASARCO LLC which had let its El Paso smelting operation go dormant in 1999 when it was purchased by Grupo Mexico, has requested a renewal of its permit to renew operations at the El Paso site by filing an application for state air quality permit renewal from the Texas Commission on Environmental Quality (TCEQ).

There were hearings in El Paso in July, 2005 with Administrative Law Judges (ALJs) presiding over the case. The TCEQ had placed strict rules upon the hearings... most noteworthy was that the Judges were limited to hearing testimony on only the following two issues: 1) Will the ASARCO permit renewal adversely affect air pollution in El Paso and, 2) Does the El Paso smelter have a satisfactory compliance history which would warrant renewal of their existing permit for an additional 10 years.

Issues not allowed to be presented at this hearing are: 1) evidence relating to existing contaminants in the soil (even though the EPA has found ASARCO to be the primary responsible party for the lead and arsenic contamination), 2) health issues associated with long term exposure to ASARCO’s emissions, and 3) compliance issues for ASARCO during any period other than 1994-1999.

On August 11, 2005 ASARCO filed for Chapter 11 bankruptcy protection, blaming environmental and asbestos liabilities, a recent credit-rating downgrade and a five-week copper strike in Arizona and Texas. Standard & Poor's Financial Rating Service downgraded ASARCO from BB- to CCC on August 2.

But labor and mining experts say ASARCO's bankruptcy filing is a serious setback for union workers seeking a resolution that would get them back to work. It is uncertain if this places ASARCO in a more competitive position as the unions and the strike may be dealt a blow by a bankruptcy judge... as in the case of decisions affecting the airline industry and pension default approved by one judge. Also, the employment contract could be voided in the reorganization process.

However, ASARCO was dealt a blow of its own recently. On October 27, 2005 the ruling from the Administrative Law Judges, Veronica Najera and William Newchurch filed their recommendation with the TCEQ indicating that ASARCO does not warrant a renewal of the permit. The three-member TCEQ panel will make the final determination.

The crux of the recommendation focused upon ASARCO's record of compliance during the last five years of its operation 1994-1999. Based upon ASARCO’s air emissions monitoring model the company failed to show that it would not continue to contribute to air pollution problems if operations were allowed to begin once again. One of the most blatant flaws in the design was that it did not take into account the impact upon Souther New Mexican communities nor Ciudad Juarez, Chihuahua.

State Senator Eliot Shapleigh (D, El Paso) and El Paso Mayor John Cook have been calling for a united front by all affected border communities.

Recently, The Upper Valley Beacon was permitted to document the process of this multi-community coalition. During one afternoon meeting between Sunland Park Mayor Ruben Segura, Mexican Senator Jeffrey Jones (Chihuahua) and state Senator Shapleigh the planning of a December 9th binational forum was undertaken.

While the financial situation of ASARCO may affect its position for a renewed permit, Shapleigh, Jones and Segura are not taking any chances. Their hopes are that the awareness of North America will be raised by this forum and that corporate air polluters will not regain a foothold in communities already damaged by pollution causing serious threats to their health of the residents.

One of the major positions of this binational forum will be that documentation of the damage inflicted upon people of Cuidad Juarez for decades has not been brought to the forefront. Jones indicated that “what we have found is that the majority of the environmental damage has been inflicted upon the Mexican side of the border”.

Never in the past was Mexico willing nor able to take such a strong position in championing the cause of environmental justice along the border with the U.S. It is clear that the people of Cuidad Juarez are not going to be left out of the decision making process any longer.

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Editor, Upper Valley Beacon

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