Timeline of Events:
Asarco’s request for a “no-increase” renewal
May 8, 1992 – TCEQ (formerly TACB) issues a construction permit for Asarco to build the ConTop facility. The nearly $100 million renovation makes Asarco a modern, state-of-the-art facility.
March 28, 2002 – Asarco files application to renew its 10-year air permit with the TCEQ
April 23, 2002 – TCEQ deems Asarco’s application administratively complete
May 15, 2002 – Asarco publishes notice of its renewal in the El Paso Times and El Diario
June 1, 2002 – TCEQ receives 5 timely responses requesting a contested case hearing from State Senator Eliot Shapleigh, Harless Benthul on behalf of the City of El Paso under former mayor Ray Caballero, Ben Andrews & Linda Kittle, Bob Geyer, and Gilbert & Lina Trillo
July 22, 2002 – Executive Director of TCEQ (formerly TNRCC and TACB) writes Senator Shapleigh to inform him that the opportunity for a contested case hearing is limited to a request for an increase in allowable emissions or an egregious compliance record (none of which apply to Asarco).
November 15, 2002 – Asarco’s permit renewal from the TCEQ is due but is not received.
April 28, 2004 – TCEQ rules to conduct a contested case hearing after hearing misrepresentations by State Senator Eliot Shapleigh in Austin, Texas.
May 5, 2004 – Asarco asks TCEQ to reconsider its ruling.
November, 2004 – Asarco files a lawsuit against TCEQ in Travis County and asks for a temporary injunction against a contested case hearing.
December, 2004 – Court denies temporary injunction.
January 27, 2005 – Preliminary hearing to align parties is held at the Tomas Rivera Conference Center at UTEP. Date for hearing is set for July 11, 2005.
February 25, 2005 – Asarco presents its case to Travis County Court. The judge does not send the case back to the TCEQ.
July 11 – July 22, 2005 – Contested case hearing is held at the Ceremonial Courtroom in El Paso, Texas
October 28, 2005 – Administrative law judges (ALJs) issue their ruling on the findings of fact and conclusions of law. The judges’ 200-page reports finds that Asarco did not prove its case for several trace pollutants and Asarco’s compliance history. However, the ruling does not include any recommendation to renew or deny the permit renewal.
December 10, 2005 – Asarco files exceptions with the TCEQ to the ALJs ruling.
January 19, 2006 – The ALJs and opposing parties file their exceptions to Asarco’s response.
February 8, 2006 – A public hearing on Asarco’s air permit renewal is held before the TCEQ commissioners in Austin, Texas. The commissioners rule that the Executive Director of the TCEQ must issue a report to Asarco summarizing the permit deficiencies and provide Asarco with an opportunity to correct the deficiencies.
September 11, 2006 - Asarco released the results of the most comprehensive air analysis ever conducted covering 3,000 square miles including Texas, New Mexico and Mexico.
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