COMMUNICATIONS AND PUBLIC AFFAIRS OFFICE

TCEQ to Consider City’s Request for Continuance

PRESS RELEASE

January 31, 2008 – El Paso, Texas – The City of El Paso was informed today that the Texas Commission on Environmental Quality (TCEQ) will consider the City’s Motion for Continuance on the Asarco permit renewal on February 8, 2008 at 9:30 am at a hearing to be held in Austin, Texas.

"The City is asking TCEQ to delay the February 13 public meeting that is scheduled to consider Asarco's permit renewal application," Mayor John Cook said. "The City filed a motion with the TCEQ to delay the hearing, and we are pleased with today’s announcement.”

TCEQ should delay the February hearing, according to the City's filing, because:

? The City intends to seek revocation of Asarco's air quality permit, once it receives a ruling from the bankruptcy court, and the question of revocation should be settled before the permit renewal is considered.

? The federal Environmental Protection Agency (EPA) is expected to adopt significantly more stringent air quality standards for lead later this year, meaning Asarco's permit will have been evaluated pursuant to out-dated and unprotective emissions standards.

? Asarco's permit renewal is a speculative process until bankruptcy proceedings are complete. In light of the announcement made by ASARCO Inc. that it does not plan to operate the site or renew the permit, or if the El Paso plant is sold to a new owner, the TCEQ should wait before renewing the current permit.

Cook said Asarco has polluted El Paso's air, soil, and water, and it should never be allowed to do so again.

"Asarco's well-documented history of flagrant environmental violations clearly shows it cannot be trusted to be a good neighbor. Texas environmental statutes spell out the grounds for revoking a permit. The evidence shows Asarco has violated these provisions and is not entitled to have a state air emissions permit," Cook said.

In 2005, a panel of two state administrative law judges recommended the permit should not be renewed.

"Asarco has generated widespread opposition from local residents, neighboring states, and Mexico because of the way it does business. The City of El Paso welcomes business that will create good-paying jobs, but those businesses have an obligation to operate by the rules and to respect public health. That is not too much to ask, and responsible corporate citizens will be more than willing to comply," Cook said.

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