Asarco Permit Approved, With Conditions; City Vows Appeal

AUSTIN, Texas -- Asarco received permission to restart its smelter, idled nine years, after a near two-hour discussion by the TCEQ.

The hearing, attended by hundreds of El Pasoans, was thick with technical details, but the core of it boiled down to a simple contention: Whether or not the commission had the legal authority to deny the permit.

The commissioners, Larry Soward, newcomer Bryan Shaw, and Chairman Buddy Garcia, decided they did not, but sought to lessen the sting with a series of recommendations meant to enforce what they called a strict regime of monitoring of Asarco. Essentially, it calls for four lead monitors on the fenceline of Asarco, although commissioners said they did not object to state Sen. Eliot Shapleigh's request that the TCEQ work with New Mexico, Mexico and the city of El Paso and other parties to set up further monitoring. In addition, commissioners set the term of the permit at five years, cutting in half the typical 10-year term. Commissioners also set a series of conditions and deadlines Asarco must face and meet.

Immediately after the decision, some members of Acorn stepped to the front of the hearing room and demanded Asarco and the TCEQ explain itself for the years of illegally burned hazardous waste. Naming former Asarco workers who have reported illnesses related to their years of work at the plant, the opponents of Asarco demanded justice.

Austin police officers watched but allowed them to speak.

As Acorn members and other Asarco opponents chanted "El Paso deserves better!" in the hearing room, union members and other Asarco supporters in the other room cheered the decision.

Asarco lawyer Pamela Giblin, surrounded by reporters, said she thought the commission made the right decision and said that the additional lead monitoring made sense.

She said Asarco would regain trust in the community "through hard work. We're going to reach out to everyone. Asarco has been a respected component of the El Paso community and through hard work we will be."

Acorn supporters surrounded her and began arguing. They left in a cluster, still arguing, with cameras in tow. One Asarco opponent, still in the hearing room, called a family member, voice cracking, and said, "what do you think they decided? This is Texas."

Meanwhile, the city immediately said it would appeal the ruling in District Court.

Mayor John Cook said he was "not surprised" by the ruling, which came after a 10 minute recess called by Chairman Garcia.

"They didn't write that motion during the 10-minute potty break," he said.

Cook said that while he was disappointed in the ruling, the city would not stop its battle. He said the extra monitoring could be a valuable aid in assessing the plant operations, but several issues remain to be settled. Those include the city's appeal, the Asarco bankruptcy case, and the city potential action to seek revocation of the permit.

One of the element of the the city's case was unified opposition among political leaders against the smelter's reopening.

Soon after the vote, Rep. Silvestre Reyes issued a statement.

“I am severely disappointed by the commissioners’ decision,” said Congressman Reyes. “Voting in Austin, they ignored the clear will of El Pasoans. The reopening of Asarco is not consistent with the economic vision for our city laid out by myself and other local leaders. I look forward to working with the community to continue our opposition to Asarco starting up its stacks again.”

Garcia also issued a statement late Wednesday afternoon.

“Today the Texas Commission on Environmental Quality (Commission) heard oral arguments on the renewal of Air Quality Permit No. 20345 by ASARCO Incorporated. After 2 hours of arguments, questions and deliberation, the Commission voted 3 - 0 to approve and renew the permit.

“I am confident in the decision made today," Garcia said, "because, like all decisions, it was based on the legal requirements set forth by state and federal statutes. This Commission applies all applicable laws clearly and consistently. Those regulations are in place to be protective of public health and the environment and they are vigorously enforced.

“I am certain as the Commission moves forward, we will continue to make decisions that are based on the law, common sense and sound science," he added.

Asarco, through public relations firm Montoya PR, released a statement from plant manager Bob Litle.

“Asarco appreciates the privilege of holding a Texas air quality permit and we remain proud to be a part of Texas’ diverse economy. We want to thank the Texas Commission on Environmental Quality for their professionalism and due diligence. We’re especially grateful to all of our supporters who have worked tirelessly and remained committed though this entire process. The company is emerging from bankruptcy stronger and better than ever. Our vision is to offer economic prosperity and environmental protection.”