The U.S. Environmental Protection Agency is questioning the air discharge permit that the Texas Commission for environmental Quality approved for Asarco in February.

The questions came in an April 9 letter from EPA’s associate director for air, Thomas Diggs, to the director of TCEQ’s Air Permit Division, Richard A. Hyde. [View letter via link below]

Newspaper Tree could not reach Asarco officials, but Teresa Montoya, whose public relations firm often serves as a liaison between the company and the media, said the letter is routine.

“It’s just part of the normal process,” she said. “The permit’s been granted, and now the EPA is reviewing it. That’s normal.”

But El Paso Mayor John Cook said he thinks the letter is significant because it raises the same issues the city brought up in challenging the renewal of Asarco’s discharge permit.

Specifically, EPA is questioning whether the decade-long shutdown of the Asarco copper smelter in El Paso should trigger “Prevention of Significant Deterioration” requirements that could mean Asarco should have to upgrade to the newest available technologies and apply for a brand new discharge permit versus a renewal.

“These are the same arguments we made in Austin to the TCEQ, and they basically dismissed them,” Cook said.

The city, he said, contended that Asarco should have to file a new permit to discharge compounds into El Paso’s air “because of the amount of time the plant has been dormant and the deterioration and cannibalization of their equipment.”

In the cover letter that accompanied a list of six detailed questions, Diggs wrote, “In general, the information available to the U.S. Environmental Protection Agency appears to point to Asarco being potentially subject to the Prevention of Significant Deterioration requirements, which include provisions such as requiring compliance with best available control technologies.”

Cook said the letter was more than welcome

“I thought I got that for my 38th wedding anniversary, which is today,” Cook said Friday.

David Crowder can be reached at dcrowder@epmediagroup.com

Related Documents: