Senator Eliot Shapleigh - El Paso, Texas

"His findings confirm what we all feel - 7000 tons of new pollutants will hurt our future."
Senator Eliot Shapleigh, on today's preliminary ruling on ASARCO's air permit

AUSTIN - Late Thursday afternoon, October 27th, two administrative law judges from the State Office of Administrative Hearings (SOAH) issued a ruling on ASARCO's air permit renewal application and recommended denying the permit. The ruling states that ASARCO failed to prove that its compliance during their last five years of operation warrants air permit renewal. Further, the judge found that ASARCO failed to prove that it would likely not cause or contribute to air pollution.

Senator Shapleigh expressed satisfaction with the SOAH decision. "Judge Newchurch spent two weeks here, he heard from dozens of witnesses, went to the ASARCO plant, examined personally the terrible expense Juarez has paid. His findings confirm what we all feel - 7000 tons of new pollutants will hurt our future."

This past summer, a hearing was held in El Paso to review whether ASARCO should be granted an air permit renewal. If renewed, ASARCO's permit will allow the release of more than 7,000 tons of new contaminants a year in El Paso’s air, including 6,673 tons of sulphur dioxide and 7.6 tons of lead. Senator Shapleigh, working with local activists, vehemently opposed the permit renewal and requested that SOAH review the application and its ramifications for El Paso. Administrative law judges from SOAH were asked to make a recommendation to the Texas Commission on Environmental Quality (TCEQ), the agency tasked with ultimately approving or rejecting the permit request.

Thursday's ruling, called a proposal for decision (PFD) is not completely binding, meant only as guidance for the TCEQ's final decision. The PFD will be sent to the TCEQ which will then make a final decision on what action to take on ASARCO's renewal application. That decision will likely come during a December meeting of the Commission.