Editor's note: The following is a response by Asarco to the city of El Paso and state of New Mexico petition to the Texas Commission on Enviropnmental Quality for revocation of Asarco's air pollution permit. The news releases are stacked chronologically, with Asarco's followed by the city's followed by the New Mexico Environmental Department's. The city revocation petition, and the Asarco response, can be found via the link at bottom of this piece.

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Asarco, March 19, 2008

RESPONSE REGARDING CITY OF EL PASO AND THE STATE OF NEW MEXICO ENVIRONMENTAL DEPARTMENT’S PETITION FOR REVOCATION OF AIR QUALITY PERMIT 20345

From Doug McCallister, Asarco LLC General Council

“It is obvious that the ongoing involvement of elected officials across the Borderland and continued expenditure of taxpayer money is not about the environment or health but due to the City of El Paso's keen interest in our land and property.

The facts are that the rigorous scientific investigation including unprecedented and extensive air modeling in Mexico, New Mexico and Texas was thoroughly studied and it is great news for our community. The conclusion of the investigation and of the Texas Commission on Environmental Quality is that our air emissions from operations will not cause or contribute to a condition of air pollution and will not cause a health threat. We are grateful to hold a permit in the state of Texas and take our responsibility to uphold the conditions of the permit seriously.

The 40-page petition does not make even one new argument that was not made during the last six years of rigorous investigation of our El Paso Plant. The petition is simply rehashing the same arguments that the City made in the recent proceeding that culminated with renewal of the very permit that the City now seeks to have revoked."

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City of El Paso, March 18, 2008

March 18, 2008 – El Paso, Texas – El Paso Mayor John Cook today said the city has renewed its fight to keep Asarco from reopening by filing a petition seeking revocation of the smelter's air permit, and that the state of New Mexico has now joined the fight.

"The health and safety of our citizens is too precious, our environment too fragile, and our future too bright to allow Asarco to once again spew tons of hazardous pollutants into our air, our land and our water. Given the changed circumstances and new information, I am confident the Texas Commission on Environmental Quality will give serious consideration to our request to revoke Asarco's air permit," Cook said.

In its petition, the city cites eight statutory reasons why Asarco's permit should be revoked, including:

? Asarco consistently emitted pollutants in violation of federal and state regulations.

? Asarco has a history of environmental violations, including the processing of
hazardous waste at its El Paso plant in violation of its air permit.

? Asarco has consistently and repeatedly exceeded state and federal emissions rules, including limits on arsenic and lead, and will continue to do so in the future.

? Asarco included material mistakes and inaccurate statements in establishing emissions standards under its federal operating permit.

? Asarco misrepresented or failed to disclose relevant facts when it first obtained its permit in 1992 and in subsequent permit revisions.

? Asarco has failed to ensure that the management of the plant conforms to TCEQ’s statutes and regulations.

? Asarco abandoned operations under the permit, and under federal law its re-start should be subject to policies and equipment standards that are now in place for new facilities.

? The El Paso area has changed and the damaging effect of emissions, particularly lead, are more thoroughly understood, so the permit should be reviewed applying this more up-to-date information.

TCEQ renewed Asarco's permit on February 13, 2008, saying that was the only option available to it under state statute. The City disagrees with TCEQ’s interpretation of its options under the renewal statute and plans to appeal the TCEQ decision. Statutes governing permit revocation provide separate regulatory authority and identify separate reasons for which the TCEQ is authorized to revoke a facility's permit. Through this petition the City and New Mexico have presented the TCEQ with the legal authority and the factual justification for revoking the Asarco permit to prevent unhealthy levels of air emissions and recontamination of the El Paso area by Asarco.

"Our petition asks the TCEQ commissioners to take a fresh, objective look at Asarco's permit. We believe their decision should be based on current emissions standards, equipment rules and public health data and not on policies and requirements that are almost 10 years out of date," Cook said.

"We are extremely grateful for the leadership demonstrated by New Mexico Environmental Secretary Ron Curry in joining us in filing this petition for revocation of Asarco's air permit. This joint El Paso-New Mexico effort only underscores the broad level of concern posed by the potential reopening of the Asarco smelter," Cook said.

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New Mexico Environment Department, March 17, 2008

New Mexico Environment Department Joins City of El Paso in Petition Seeking to Revoke Asarco, LLC. Air Permit

City and State File Petition with Texas Commission on Environmental Quality

(Santa Fe, NM) – New Mexico Environment Secretary Ron Curry signed onto a petition today with the City of El Paso that seeks to revoke the air permit for the Asarco, LLC. copper smelter in El Paso. The city and state submitted the petition to the Texas Commission on Environmental Quality.

The petition cites numerous statutory grounds for revoking the permit that include Asarco’s history of violations. The commission granted the five-year permit for the facility Feb. 13.

“We are concerned about the residents of New Mexico, Texas and Mexico who will have to deal with air pollution if this smelter reopens,” Environment Secretary Curry said. “The Texas Commission on Environmental Quality heard those concerns and looked the other way when it granted the Asarco air permit in February. We will take necessary steps to continue to fight that decision.”

“I support the State of New Mexico’s position that the Asarco air permit should have been denied,” said New Mexico Sen. Cynthia Nava. “The communities of Anapra and Sunland Park, which are in my district, are in the direct path of the smelter. Residents of these communities should not have to breathe polluted air from Asarco.”

The petition states Asarco cannot operate the plant in compliance with permit terms and conditions because of the company’s history of violations. Those violations include the incineration of hazardous waste in a sham recycling operation. In addition, Asarco's air quality modeling in its permit application intentionally ignored effects of emissions on residents of Sunland Park, N.M. That permit also lacks adequate monitoring provisions to determine whether its emissions will comply with permit conditions.

The petition also charges that Asarco -- operating under the permit in the 1990s –misrepresented to the commission the nature of production changes and failed to report major equipment replacements in order to avoid permit modifications and the attendant public scrutiny that should have been required. Emissions from Asarco have resulted in lead and arsenic contamination of soil in the El Paso area, which has required remediation by the U.S. Environmental Protection Agency. With respect to that contamination, evaluations of the risks caused by lead in the permit are based on outdated standards and do not assess the cumulative effects of air emissions combined with prior contamination of soils

The petition also states Asarco has over $10 billion in environmental liabilities nationwide and is in bankruptcy. That casts further doubts over the company’s ability to comply with its permit and regulations.

The state and city also contend that because the plant will restart after an extended shutdown, under federal law and policy the facility should be treated as though it were new and be subject to review to determine state of the art control requirements.

The Asarco plant is less than a mile from New Mexico’s border. New Mexico has voiced technical concerns about the permit renewal for Asarco for the last three years. Monitoring in the Paso del Norte airshed has shown elevated levels of ozone and particulate matter. Along with air pollution issues, southern Doña Ana County and Sunland Park, New Mexico have soils contaminated with lead due, in part, to the Asarco El Paso plant.

The plant closed in 1999 after the price of copper fell in the 1990s. Air emissions from the smelter during the plant’s operation created arsenic and lead soil contamination around the El Paso facility. That contamination posed public health concerns in Sunland Park and other New Mexico communities. Those communities today face other air quality concerns, including elevated levels of airborne particulate matter and ground level ozone pollution.

Asarco operates another copper smelter in Hayden, Arizona.

For more information contact Marissa Stone, NMED Communications Director, at (505) 827-0314 or (505) 231-0475.

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