Category Archives: State Government

State General Counsel Bret Parke Named ADEQ Deputy Director

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PHOENIX — The Arizona Department of Environmental Quality announced today the appointment of Bret Parke, currently General Counsel for the State’s Department of Administration, as the agency’s deputy director. In his new capacity, Mr. Parke will serve as chief of staff to ADEQ Director Misael Cabrera and oversee the agency’s operations, including its budget and administrative support functions.

The appointment, effective Oct. 26, 2015, marks a return to ADEQ for Mr. Parke, who began his legal career as a staff attorney for the agency before eventually becoming its Administrative Counsel in 2010. He held that post until April 2012 when he was named ADOA General Counsel, where he provided legal advice on the state’s myriad administrative practices – everything from procurement and risk management to government accounting and finance, state facilities construction, IT security, and employment and personnel services. As General Counsel, Mr. Parke also chaired the Governor’s Regulatory Review Council, which oversees and approves adoption of state agency rules.

As Administrative Counsel at ADEQ, Mr. Parke served as the top legal advisor to the agency director. He also chaired five internal committees, managed ADEQ’s Strategic Enforcement Unit and was the agency’s representative on the Arizona Power Plant and Transmission Line Siting Committee.

“Bret wore many hats during his eight-year tenure with ADEQ, and his commitment to public service is evident in his 11-year career in Arizona government,” Director Cabrera said. “It’s Bret’s passion for ADEQ’s mission – his irrepressible drive to do more environmental good – that brings him back to ADEQ. His perspective and many of his qualities are quite similar to our former director, Henry Darwin, who was widely admired and respected both inside and outside of ADEQ,” Cabrera added.

ADEQ Reaches $1,250,000 Settlement with Apache Nitrogen Products, Inc.

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PHOENIX — Arizona Department of Environmental Quality (ADEQ) officials announced today that Apache Nitrogen Products, Inc. (ANPI), a nitric acid and ammonium nitrate-based products manufacturer in St. David, Cochise County, has settled with the State for years of past noncompliance with ANPI’s air quality control permit issued by ADEQ.

ANPI will pay a $500,000 civil penalty, and could be required to pay an additional suspended penalty up to $750,000 if ADEQ documents additional significant violations in the next three years.

Between August 2010 and February 2015, ADEQ issued ANPI eight separate Notices of Violation related to production processes at two nitric acid production plants. Alleged violations included failing five emissions tests for ammonia and ammonium nitrate, the inability of the continuous emissions monitors for NOx (nitrogen oxide and nitrogen dioxide) to pass accuracy tests on four occasions, and failure to calibrate, maintain and operate a continuous opacity monitor.

“By holding Apache Nitrogen Products, Inc. accountable for its violations, the company has improved its operations, is now in compliance with its permit and public health and the environment are protected,” ADEQ Air Quality Division Director Eric Massey said.

ANPI has resolved the alleged violations and is now in compliance with the permit requirements.

The consent judgment is subject to court approval.

Background
According to the Agency for Toxic Substances and Disease Registry (ATSDR), NOx can damage respiratory airways and burn skin and eyes. Nitrogen dioxide also reacts with sunlight, which leads to formation of ozone and smog. ATSDR also states that exposure to high levels of ammonia can cause irritation and serious burns on the skin and in the mouth, throat, lungs, and eyes.

Blasting on State Route 69 in Prescott scheduled tomorrow and Tuesday

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State Route 69 in Prescott, between Prescott Lakes Parkway and Lee Blvd., will be closed tomorrow, Oct. 8 and Tuesday, Oct. 13 for up to 15 minutes between 6:25 a.m. and 6:40 a.m. for blasting.

The closures will provide a safe work zone for blasting operations as part of a development project adjacent to SR 69 near the Ranch at Prescott.

ADOT advises drivers to allow additional time to reach their destinations and to proceed through the work zone with caution, comply with the reduced speed limit, and be alert for construction equipment and personnel. Law enforcement personnel will be present to enforce the closures as they occur.

ADEQ Awards City of Winslow $86,000 Brownfields Grant for Cleanup at Former LZ Budget Motel along Historic Route 66

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Photo Mean Mister Mustard, Panoramio

Photo Mean Mister Mustard, Panoramio

PHOENIX — Arizona Department of Environmental Quality (ADEQ) officials announced today an $86,000 brownfields grant to the City of Winslow to remove asbestos and lead-based paint from the former LZ Budget Motel located along historic Route 66 at 1102 E. 2nd St., Winslow in Navajo County. ADEQ’s Voluntary Remediation Program (VRP) will oversee this work.

Owned by the City of Winslow and located within the City’s redevelopment district in the heart of historic downtown, the approximate one-acre parcel former LZ Budget Motel site consists of four vacant structures in a severe state of deterioration due to previous fires, years of weathering and no maintenance. Unoccupied for years and the subject of frequent vandalism and vagrancy, this brownfields grant-funded environmental cleanup work is the next of several steps necessary to eliminate the blight and prepare the property for redevelopment that will emphasize the needs of the community and boost economic vitality.

“Recovering blighted properties by administering non-competitive grants through ADEQ’s brownfields program is just one way we accomplish environmentally responsible economic growth in our state,” ADEQ Waste Programs Division Director Laura Malone said. “Our staff works diligently with grant applicants to create customized solutions that maximize program benefits for each community’s unique needs.”

Brownfields are properties with active redevelopment potential hindered by known or perceived environmental contamination. Since it began in 2003, ADEQ’s brownfields grant program has funded more than 50 projects assisting local governments and nonprofits in completing environmental assessments and cleanup. Currently accepting applications, ADEQ’s brownfields grant program conducts projects through Arizona’s State Response Grant using funds provided by the U.S. Environmental Protection Agency.

Vegetation clearing on US 180 to begin tomorrow

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FLAGSTAFF — Travelers heading on US 180 north of Flagstaff should allow for extra travel time while ADOT crews perform vegetation clearing operations for a one-mile stretch just north of Shultz Pass Road (mileposts 219 to 220). This operation will clear out damaged and unwanted trees and requires a lane closure and occasional 10-minute roadway shutdowns during removal activity. The work will take place Monday through Thursdays from 6 a.m. to 4 p.m. and be in effect during the weeks of October 5th and October 12th.

Drivers are asked to allow for extra travel time to reach their destinations, use caution and observe reduced speeds while maintenance is being performed in the area.

US 60 east of Superior to close briefly for blasting operations Oct. 6-8

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PHOENIX — Motorists traveling along US 60 between Phoenix and Globe next week need to plan ahead or allow extra time as the Arizona Department of Transportation continues blasting work as part of an improvement project to build a new passing lane and widen roadway shoulders east of Superior, approximately 65 miles east of downtown Phoenix.

The construction of the two-mile-long climbing lane from Devil’s Canyon to Oak Flat (mileposts 231-233) will require four separate full closures of US 60 for up to 90 minutes:

  • Tuesday, Oct. 6, at 9 a.m. to 10:30 a.m.
  • Wednesday, Oct. 7, at 9 a.m. to 10:30 a.m.
  • Thursday, Oct. 8, at 9 a.m. to 10:30 a.m. and again from 1 p.m. to 2:30 p.m.

Traffic on eastbound US 60 will be stopped east of Superior (milepost 227) and westbound US 60 will be stopped at the Top of the World, west of Miami (milepost 235) until the blasting work is completed and the roadway is reopened after all debris is cleared. Law enforcement officers will be stationed at each closure to assist with traffic control.

Immediately prior to each blast, crews need to set the concrete barrier for that blast and additional delays are possible.

ADOT anticipates the highway will be closed at least once per week for blasting for up to three months. As blasting continues there will be a lesser impact on traffic and delays will be reduced.

Motorists seeking an alternate route can consider state routes 77 and 177, which is approximately 68 miles long. Motorists headed to the White Mountains region, including Show Low and Springerville, can also take State Route 87 through Payson and travel east on State Route 260 as an alternative.

ADOT will work to minimize the traffic impacts as much as possible, including scheduling some nighttime work.

There will be narrow traffic lanes, wide-load restrictions and a reduced speed limit through the work zone. Flaggers and pilot cars will be used at different times throughout the project.

Drivers are asked to use caution, watch for construction equipment and personnel, and allow extra time for your commute.

For more information on the project, please visit azdot.gov/us60oakflat.

ADEQ Lifts Fish Consumption Advisory for Gila River and Tributaries

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PHOENIX — The Arizona Department of Environmental Quality (ADEQ) announced today that it has lifted the consumption advisory for fish caught in the Gila River and its tributaries within and downstream of the Phoenix metropolitan area – this includes 100 miles of streams and 286 acres of lakes. Fish caught from these waters are no longer unsafe to eat due to banned pesticides (DDT, chlordane or toxaphene).

“This is the first time ADEQ has lifted a fish consumption advisory,” said ADEQ Water Quality Division Director Trevor Baggiore. “Fish tested by ADEQ and the U.S. Fish and Wildlife Service show that banned pesticides no longer pose a health risk in the Gila River and its tributaries.”

Lifting this advisory, which has been in place for 24 years, is credited to the cessation of the use of the pesticides in the 1970s, 1980s and 1990s. Detailed information about the delisting of the Gila River and its tributaries can be found at:

Click to access delisting_hassayampa.pdf

ADEQ and the U.S. Fish and Wildlife Service tested 67 fish tissue samples from eight different fish species in the Gila River and several of its tributaries west of Phoenix during 2011 and 2012. Fish tissue data demonstrated banned pesticide levels (DDT, toxaphene and chlordane) dropped from more than 160 times higher than threshold levels designed to protect human health in the 1990’s, to 16 times lower than these thresholds in 2011 and 2012.

On March 10, 2015, ADEQ requested that the U.S. Environmental Protection Agency (EPA) remove the Gila River and its tributaries from Arizona’s Impaired Waters List, which EPA approved August 7, 2015. Each water body removed from the list also had a fish consumption advisory in effect. ADEQ has lifted the fish consumption advisory for the following waterbodies:
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Resources

ADEQ Fish Consumption Advisory Fact Sheet (PDF):
https://www.azdeq.gov/environ/water/assessment/download/fca.pdf

ADEQ Water Quality Division Monitoring and Assessment:
http://www.azdeq.gov/environ/water/assessment/index.html

Arizona Game and Fish Department – Arizona Fish Consumption Advisory List: http://www.azgfd.gov/h_f/fish_consumption.shtml

US 93 traffic switch planned for Thursday north of Wickenburg for widening project

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PHOENIX — The Arizona Department of Transportation continues to make considerable progress on an improvement project to widen and upgrade a five-mile segment of US 93 between State Route 71 and State Route 89, just north of Wickenburg.

On Thursday, Oct. 1, crews are scheduled to switch both directions of traffic to the newly constructed southbound lanes. As crews make preparations for the planned traffic switch, motorists may be stopped intermittently for up to 15 minutes at a time between 6 a.m. and 6 p.m. on Oct. 1.

While one travel lane will remain open in both directions, motorists should continue to be prepared to allow 10 to 15 minutes extra travel time through this segment (mileposts 185-190).

Once the traffic switch is complete, ADOT will begin work to repave and restripe the existing northbound lanes.

ADOT began this expansion project in February to widen US 93 from two lanes to a modern, four-lane divided highway. The $12.5 million project is expected to be completed in November.

Once completed, ADOT will move one step closer to the agency’s ultimate goal of transforming the entire 200-mile stretch from Wickenburg to the Hoover Dam bypass bridge into a modern, four-lane divided highway.

Since 1998, ADOT has invested more than $350 million in projects to upgrade the US 93 corridor, which stretches from Kingman to the Nevada state line and Wickenburg to Interstate 40 (a 23-mile segment of I-40 east of Kingman connects the north and south sections of US 93).

Currently, all but 46 miles of the 200-mile drive (more than 75 percent) from Wickenburg to the Nevada state line has been upgraded to a four-lane divided highway in an effort to improve traffic flow, support the movement of freight and enhance safety through this heavily traveled area.

Final striping today on SR 89 at Road 4 North in Chino Valley

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CHINO VALLEY — Work at the State Route 89 and Road 4 North roundabout in Chino Valley is almost complete and crews are striping the new intersection today, Sept. 28 from 6 a.m. to 6 p.m.

Minimal impacts are expected during work hours. For the remainder of the week, drivers can expect intermittent lane restrictions approaching the roundabout for final miscellaneous work.

Drivers are encouraged to be alert for construction equipment and personnel through the work zone.

This $2.1 million project began in February and included a new roundabout at the intersection of SR 89 and Road 4 North near milepost 331, the removal and replacement of existing pavement, drainage improvements, new pavement markings and lighting.

30-Day Public Comment Period and Hearing

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PHOENIX — The Arizona Department of Environmental Quality (ADEQ) opens a 30-day public comment period today, September 28, 2015, for the proposed State Implementation Plan (SIP) revision for the Regional Haze Rule (RHR), 5-Year Progress Report. The report addresses the RHR requirement under the Clean Air Act to submit a report describing progress in achieving reasonable progress goals to improve visibility in federally designated Class I areas in Arizona, as well as nearby states that may be affected by emissions from sources in Arizona.

The Class I areas include Grand Canyon National Park, the Petrified Forest Park and Sycamore Canyon Wilderness area.

A public hearing will be held on Tuesday, October, 27, 2015 at 1:30 p.m. in the ADEQ Building, Conference Room 3100B, 1110 W. Washington St., Phoenix, AZ 85007. All interested parties will be given an opportunity to submit their comments, data, and views both verbally and in writing.

Written comments shall state the name and mailing address of the person, be signed by the person, their agent or attorney, and clearly set forth reasons why the SIP revision should or should not be finalized. Grounds for comment are limited to whether the SIP revision meets the criteria spelled out in federal air pollution control laws or rules.

If you are unable to attend the public hearing, your written comments should be addressed, faxed, or e-mailed to Justine E. Miller, miller.justine@azdeq.gov, (602) 771-6723, Air Quality Division, Arizona Department of Environmental Quality, 1110 W. Washington St., Phoenix, AZ 85007. Comments submitted via U.S. Postal Service, FedEx, or UPS must be postmarked on or before October 28, 2015.

Copies of the revisions’ proposal are available for review, Monday through Friday, between 8:30 a.m. and 4:30 p.m., in the ADEQ Records Center, 1110 W. Washington St., Phoenix, AZ 85007, (602) 771-4712. The proposal can also be accessed through ADEQ’s Website (PDF). The final SIP revision will be submitted to EPA following consideration of all comments received during the public notice period.