The city of El Paso filed a motion Wednesday that seeks the state to reconsider its decision in light of the U.S. Environmental Protection Agency raising questions about the safety of the plant, which has not been turned on for years. {view motion via link at bottom of story.]

The EPA sent a formal letter asking the TCEQ to justify its decision that the Asarco permit merited a renewal, rather than being considered under “Prevention of Significant Deterioration” requirements because of the length of time the plant was idle. Those rules could lead to expensive upgrades and require a new discharge permit. [npt april 11, 2008]

The state of New Mexico previously had raised similar issues about renewing the permit, which the New Mexico Environment Department opposed, and made the formal request for EPA involvement. [npt april 9, 2008]

"It is clear the Asarco permit merits a rehearing. Others are questioning whether Asarco's smelter is in the required physical condition to resume operations and whether restarting the smelter will make El Paso's air dirtier. Why isn't the state of Texas seeking answers to these same questions?" said Mayor John Cook in a prepared statement.

The TCEQ renewed Asarco's air pollution permit in a hotly contested hearing Feb. 13. Hundreds of El Pasoans -- supporters and opponents of Asarco -- packed the hearing chambers in Austin.

The three TCEQ commissioners essentially said that they had no leeway under state law to refuse the permit. A renewal request never had been denied by the TCEQ, and commissioners said they could not override staff recommendations that Asarco either met or was in the process of meeting the technical requirements for reopening.

But with the EPA weighing in with questions about that assertion, Cook said in the statement, "The evidence is mounting that Asarco's permit renewal merits a much closer look. The residents of El Paso want assurances that the state of Texas is fulfilling its duty to protect their health and their environment."

The TCEQ, through a spokeswoman, stated in an email that "under procedural rules parties may file a motion for rehearing and City of El Paso has done so. We are still reviewing the EPA's letter."

Thomas L. Aldrich, Vice President of Environmental Affairs for Asarco, said in a prepared statement that “Asarco is honored to have an air quality permit in Texas and the rigorous six-year investigation demonstrates that our no-increase air permit that was recently renewed will be protective of health and the environment.

"Asarco is proud to be a part of this community for more than 110 years and we are delighted at the opportunity to re-open. We remain committed to complying with current air standards and environmental laws that are protective of health and the environment. We understand our responsibility and are working diligently to meet or exceed the conditions of our permit established by the TCEQ.”

The city's motion for a rehearing was its latest action against Asarco's air pollution permit. Previously, the city filed a motion with the TCEQ for revocation of the company's permit. [npt march 19, 2008]

The company previously has responded similarly to all developments in the case, arguing that Asarco will provide jobs and tax money, and alleging that the city is trying to drive it out of business to secure the land for development.

On April 8, the company filed a motion in response to the city's request for a permit revocation hearing in which Asarco argued that the city;s request "borders on abuse" of the process. [april 8, 2008 asarco motion]

The pressure on the TCEQ comes as Asarco prepares to emerge from bankruptcy. A story Wednesday in the Arizona Republic quotes Asarco's executive vice president, Doug McAllister, as stating that the deadline for bids is Monday and that the company could pick a new owner by May.

From the lead sentence in the article: "An unprecedented rise in copper prices, bankruptcy and dedicated managers have helped transform Tucson's Asarco LLC from a financial train wreck into a solid business with $1 billion in cash, no operating debt and a promising future."

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