March 24, 2000

Mr. Gregg Cooke

Regional Administrator, Region VI

Environmental Protection Agency

Dallas, Texas

Dear Gregg,

Recently, I wrote a letter to Ignacio Garza, Chairman of the BECC Board, asking for a delay in certification of the wastewater treatment plants for Ciudad Acuña and Piedras Negras due to concerns I and others had. Among those concerns were the lack of specificity in the summary documents posted on the BECC web site as well as to the "BECCNET" in regards to the reuse of wastewater for two coal-burning power plants southeast of Piedras Negras. In addition, the summary documents mentioned that EPA had conducted an "Environmental Assessment" examing the two projects and adopted a preliminary FONSI -- Finding of No Significant Impact -- and that public comments would be taken until the first week of March although no exact date was mentioned. After calling EPA Region VI on March 6th, I learned that the FONSI public comment process had been cut off February 29th. While my letter to BECC complains about the lack of specificity regarding both the wastewater reuse and the FONSI issue, it is important to note that I -- and others who have complained including the Sierra Club, Environmental Defense, Region M Water Planning Group, Southwest Environmental Center and Interhemispheric Resource Center -- only learned of the FONSI process by reading the BECC documents on the web, not directly from EPA. We feel that if EPA had a better notice and comment policy for BECC-related projects, those of us on the U.S. side would have had an opportunity to voice our concerns and have them heard.

Therefore, I am advocating that for BECC-sponsored projects that are receiving BEIF monies, whether on the U.S. or Mexican side, EPA coordinate more closely with BECC to make interested parties aware of the release of the Environmental Assessment and FONSI. Among the measures that would help make this more effective would be to:

*Post a notice on the BECCNET and CECNET when the Environmental Assessment is released, clearly stating the comment period and process for submitting comments;

*Post a web-version of the Environmental Assessment, either directly on BECC's website or on Region VI's website;

*Send notices of availability and/or environmental assessment documents to a mailing list --including individuals on both sides of the border -- which should be expanded to include those active in the BECC process (for example the BECC has a mailing list to which it sends its newsletter); and

*If there are significant concerns and responses within the 30-day period, sponsoring jointly with BECC a public information meeting to answer those concerns.

As always if the concerns raised within the 30-day period are legitimate and can not be addressed a more detailed Environmental Impact Statement may be required , as per EPA regulations.

The Texas Center for Policy Studies feels that if EPA Region VI and IX were to adopt the first three steps and where warranted the fourth, the types of concerns regarding the two wastewater treatment plants would have arisen much earlier in the BECC process, allowing for a better understanding among those of us participating actively in ensuring adequate water and wastewater treatment for border residents.

Sincerely,

Cyrus BH Reed

Project Director

cc. Nacho Garza, BECC Chairman

Lynda Taylor, Public Member of Board of Directors

Javier Cabrera, BECC General Manager