TCEQ Commissioners Approve ASARCO Permit Renewal
Beveridge & Diamond, P.C. - Texas Environmental Update, February 2008
On February 13, 2008, the three commissioners of the TCEQ voted unanimously in favor of renewing the New Source Review air permit that authorizes emissions from ASARCO, Inc.’s copper smelter in El Paso, Texas. The commissioners made their decision regarding this highly-contested permit renewal application at a crowded public meeting at which opposition to the permit renewal was expressed by Texas Senator Elliot Shapleigh (D), and by representatives of the State of New Mexico; the City of Juarez, Mexico; the City of El Paso, Texas; individual citizens, and TCEQ’s Public Interest Counsel. Representatives of ASARCO and the TCEQ Executive Director expressed support for issuance of the permit renewal.
During the pendency of the application review, including in connection with the contested case hearing held on July 11-22, 2005, opponents presented numerous arguments against issuance of the permit renewal. The arguments included challenges to the sufficiency of TCEQ’s permit review and the protectiveness of the permit terms. Concerns also included ASARCO’s compliance history and the condition of equipment at the site given that the plant has been shut down since 1999.
In approving the permit renewal the TCEQ commissioners limited the permit term to five years (rather than the typical ten-year term), and required that various actions be completed by ASARCO and certified as complete by TCEQ prior to startup of operations. Along with other measures discussed during the February 13 public meeting, the installation and operation of additional ambient air monitors for lead concentrations will be required. TCEQ agenda backup documents for this matter are available on the TCEQ website.1
1 http://www.tceq.state.tx.us/comm_exec/agendas/comm/comm_
agendas.html.
