Henderson, Kentucky (Platts)--18Mar2008

The city of El Paso and the New Mexico Environment Department have
petitioned the Texas Commission on Environmental Quality Monday to revoke an
air quality permit for US copper producer Asarco's long-idled copper smelter
in El Paso.
The petition comes about two weeks after a federal bankruptcy court in
Texas granted a request by the city of El Paso to appeal a February 13
decision by the TCEQ to renew the permit.
The TCEQ voted 3 to 0 to grant a five-year renewal of the controversial
permit for the smelter, which was shuttered in 1999 during a time of low
copper prices. Now that prices have rebounded to near-record levels, Asarco is
looking to restart the smelter.
El Paso unsuccessfully challenged the permit renewal, claiming the
century-old smelter would worsen air pollution in the area. Asarco filed for
Chapter 11 bankruptcy reorganization in August 2005.
In Monday's filing, El Paso and New Mexico said the smelter "polluted the
air, soils and waters in and around the El Paso area and should never be
allowed to do so again. Studies conducted by independent researchers and
government agencies have repeatedly found that lead and arsenic contamination
in the area is tied to the Asarco El Paso plant."