Frequently Asked Questions
What does the permit renewal mean?
Asarco is seeking to renew the permit for CONTOP. The CONTOP copper smelting process was installed in 1993 to help reduce emissions as part of a nearly $100 million construction project and at the time became the most modern copper smelter in the country. CONTOP reduced sulfur dioxide emissions from approximately 49,200 tons per year to about 3,000 tons per year. This technology has reduced emissions by approximately 90%.
If Asarco gets their permit renewed does this mean that their will be an increase in emissions?
No, in fact Asarco applied for a “no increase” permit renewal meaning that the renewal would not result in an increase in allowable emissions and would not result in the emission of an air contaminant not previously emitted. Similarly, there have not been any new applicable state or federal air quality control requirements enacted during the life of the old permit that would require incorporation in the new permit.
Why should Asarco be allowed to apply to renew their permit if they are on care and maintenance status?
The Texas Clean Air Act (TCAA) does not impose as a condition of possessing an air permit that the permitted facility be operating. Thus, the fact that Asarco is on care and maintenance status does not affect the permit renewal process.
How often does the permit have to be renewed?
Every ten years.
If Asarco is currently shut down, how can we be assured that their equipment is still in state-of-the art order?
The care and maintenance crew continuously makes sure that equipment stays in pristine working condition. Before beginning production, all equipment would be tested thoroughly to ensure the Asarco facility is in compliance with the permit.
How long would it take for Asarco to move from care and maintenance status to full production?
This would take six to eighteen months as workers are hired and trained and the equipment is checked and primed to begin production
Aren’t there health concerns regarding Asarco that should preclude it from renewing its permit?
TCEQ has ruled that Asarco operations do not have an adverse health impact on humans, animals, …. State Senator Shapleigh advocated that El Paso be placed on the Superfund program’s National Priority List (NPL) because of ‘elevated’ levels of arsenic and lead in the area above screening levels. However, the results of more than 9,000 soil samples taken in residential neighborhoods adjacent to the Asarco plant show that less than 2% of the soil samples contain arsenic higher than the conservative cleanup value established by the EPA. Further speciation and bioavailability testing revealed that the source of the contamination was from lead paint chips and dust, automobile emissions, slag fines and pesticides. The most dangerous source of lead contamination to children is lead paint chips and dust. Other sources are fertilizers and old batteries.
In fact, according to TCEQ reports the annual maximum predicted arsenic concentration resulting from Asarco operations at any receptor of concern is over 500 times lower than the federal occupational exposure limit (which was set to protect workers from adverse effects over a working lifetime) and is in the range of the background levels (the levels at which metals naturally occur) observed in West Texas. No adverse health effects will occur at such concentrations.
What is a contested case hearing?
This is a hearing that allows affected parties to challenge the permit renewal. However, Asarco believes that the contested case hearing is illegal in its current state. According to Texas law a contested case hearing is only applicable if there are proposed increases in emissions or if there is a pattern of egregious conduct which demonstrates a consistent disregard for the regulatory process. The TCEQ initially denied a contested case hearing because of the statutes in place, but recommended the Commission grant one base on pressure from State Senator Shapleigh.
Isn’t it a good idea to let people voice their opinions at a contested case hearing?
Though the contested case hearing is open to the public, the public is not allowed to ask questions or comment. A preliminary hearing will determine who the affected parties are. Asarco is more than willing to answer people’s questions and concerns through group presentations or individual correspondence.
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