ADEQ's Border Strategy Evolved to Confront Emerging Issues

Plácido dos Santos contributed this Guest View. He is associate director of the Arizona Water Institute at the Arizona Department of Water Resources. He formerly worked as Arizona Department of Environmental Quality' s border environmental manager.

The Arizona Legislature' s creation of the Arizona Department of Environmental Quality in 1987 led to changes in the way the United States and Mexico would address border environmental issues. The changes were incremental, lasting and could not have been foreseen by legislators at the time.
Before ADEQ was established, border environmental issues were almost exclusively the realm of the federal governments. In 1983, Ronald Reagan and Mexico' s President Miguel de la Madrid signed an executive agreement for cooperation on environmental issues within 100 kilometers of the international boundary. The La Paz Agreement has been the foundation for ongoing efforts on water quality, air quality, waste management, environmental health, enforcement and emergency response on the border.
Foreign corporate investment in Mexico was stimulated with establishment of the maquiladora program in the 1960s. For decades, American industries operating in the border region have capitalized on tax incentives and ready access to inexpensive Mexican labor. Claims of lax environmental enforcement and pollution led to widespread concerns along the border. Free trade negotiations that were in full swing by the early 1990s sparked concern that accelerated growth would lead to more contamination.

Because of these concerns, the North American Free Trade Agreement was accompanied by an environmental side agreement that focused on the border. It established the North American Development Bank and its project-approval counterpart, the Border Environment Cooperation Commission to address environmental infrastructure deficiencies.

Meanwhile, in Arizona a lupus cluster was reported in Nogales in 1992. Five years earlier the Arizona Department of Health Services had sampled Arizona wells along Nogales Wash and detected perchloroethylene, an industrial solvent also used by dry cleaners. The community was also plagued by serious air pollution due to frequent fires at a nearby municipal dump in Mexico. There was a widespread belief that the lupus was caused by the pollution. The EPA provided funding to have ADEQ study air and water quality. After years of study, an environmental link was suspected but never demonstrated. But the problem, and other known environmental issues such as particulate matter air pollution and tracking of hazardous waste, solidified ADEQ' s presence on the border.

ADEQ' s organizational approach to border issues evolved over time. During ADEQ' s early years, requests for ADEQ attention to border issues were handled individually based on available expertise. In 1992 EPA border funding started to flow to the agency as part of the federal Integrated Border Environmental plan. In 1993, ADEQ Director Ed Fox established a management-level Border Liaison position to coordinate the issues of this geographical region. In 1996, when the Border 21 Program was established, ADEQ Director Russell Rhoades created a formal ADEQ Border Team unifying air, water, waste and emergency response personnel as a subset of the Southern Regional Office in Tucson. During 1999-2002, ADEQ Director Jacqueline Schafer enhanced collaboration with the Governor' s Office and pursued state funding for inspections of transboundary hazardous waste shipments. ADEQ focused efforts at this time to shape the latest federal program, Border 2012, which spans 2002-2012.

In 2004, ADEQ Director Steve Owens, elevated the Border Program by shifting the group into the Office of the Director and deploying ADEQ' s Administrative Counselor in a border-support role. He publicly declared border issues to be an agency priority and included the Department' s Border Manager as part of the agency' s Leadership Team. Director Owens also tasked the team with emerging issues such as climate change and solid waste associated with illegal immigration and has continued pursuit of legislative support for border hazardous waste inspections.

Each of these agency heads increased the scope, role and effectiveness of the ADEQ' s border efforts. Arizona' s presence and expertise resulted in a blend of technical and policy work that enriched the federal approach. Through participation in influential forums such as the Border Governors' Conference, Arizona-Mexico Commission and the EPA-administered Good Neighbor Environmental Board, ADEQ has become an influential force at the international level. By working closely with the other Border States and the Western Governors' Association, coalitions have been forged to align efforts. One example is the Border 2012 Program that is now in place as a partnership among federal, state and tribal governments along the border.

While the network of partners is broader and stronger than ever, funding has decreased for on-the-ground work. EPA Office of International Affairs support for local projects is now just $1 million for the entire US-Mexico border region.

Of even greater significance, grants for water and wastewater infrastructure projects have steadily decreased and are on the verge of elimination. Annual appropriations were $100 million for the Border Environment Infrastructure Fund. These EPA grants financed projects in many communities and are the lifeblood of today' s improvements of the Nogales International Wastewater Treatment Plant. Projects have also been implemented in Naco, Agua Prieta, San Luís Río Colorado, Ambos Nogales, Douglas, Bisbee, Patagonia, Somerton, Gadsden and Yuma.

However, the future of BEIF is bleak. President Bush' s proposed budget for FY08 is $10 million, one-tenth of the original level. This cut is especially painful because Mexico often provides a 50/50 match for projects. The estimated grant needs are over $300 million. (See figure on page 6)

Federal funding coupled with ADEQ' s technical assistance, policy advice and advocacy have made a difference. Many issues remain and new problems have emerged. Progress has been considerable and ADEQ has improved the international approach to these tough challenges.

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