Controversial Texas Smelter Awarded Air Permit to Reopen

The smelter owned by American Smelting and Recycling Co., ASARCO LLC, was closed in 1999 after global prices for copper dropped.

Environmentalists and local elected officials have opposed its restart because they say operations at the smelter will increase emissions of lead, sulfur dioxide and other contaminants in El Paso, in Dona Ana County, New Mexico; and in the city of Juarez, Mexico.

But the commission had no option but to renew the air permit one of the three commissioners said.

TCEQ Commissioner Larry Soward said, under Texas law, the agency has to approve the permit if Asarco successfully addresses problems raised in a 2007 report.

"We have to follow the statute. We really have no choice," Soward said.

The Asarco smelter at El Paso, Texas. (Photo courtesy Asarco)

But the commission said it wants assurances that Asarco addresses all additional permit conditions, including additional air monitoring for lead emissions, before the plant is permitted to begin processing metals.

Commission Chair Buddy Garcia said, "I am confident in the decision made today 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," Garcia said.

Opponents said they will not give up fighting to stop the ASARCO smelter. State Senator Eliot Shapleigh of El Paso said, "Whether ASARCO reopens will define the El Paso community for the next generation. We will brand ourselves either as a polluted city dependent on 19th century industry, or a clean city on the move in a 21st century economy."

Shapleigh details the reasons why he opposes Asarco's smelter.

"Asarco has left taxpayers from 75 communities in 16 states from Tacoma, Washington to Corpus Christi, Texas with almost $11 billion in environmental remediation and clean-up costs," he said.

Asarco has contaminated at least 1,097 El Paso homes and businesses with lead and arsenic, said Shapleigh.

Asarco was fined $5.5 million and ordered to conduct $15 million in environmental projects by the EPA for allegedly illegally transporting, storing, and processing hazardous waste in El Paso;

Asarco is asking Texas for permission to emit 7,000 tons of new pollutants including 4.7 tons of lead and 6,673 tons of sulfur dioxide into the air, Shapleigh said.

Facing massive environmental cleanups and asbestos claims, Asarco filed for bankruptcy protection in 2005. The company said it had secured agreements to settle these claims totaling $1 billion.

Asarco has until April 11 to file a reorganization plan in U.S. Bankruptcy Court in the Southern District of Texas.

It is not clear whether or not the bankrupt company will reopen the smelter. In late January, Asarco Inc said it would not consider restarting the smelter before the resolution of the bankruptcy case.

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