ADEQ proposes new safe drinking water rules

ADEQ is proposing to update its safe drinking water rules in order to conform to changes made to federal rules over the past seven years. ADEQ plans to incorporate by reference the Revised Total Coliform Rule into a new section, and make corresponding changes in other sections. ADEQ also plans to incorporate by reference the 2007 changes to the Lead and Copper Rule. ADEQ is authorized to enforce federal drinking water standards under A.R.S. § 49-353(A)(2)(a).

ADEQ has published the Notice of Proposed Rulemaking for updates to the Safe Drinking Water rules (18 A.A.C. 4, Articles 1 and 2). The Notice of Proposed Rulemaking is available here (at page 2286): http://apps.azsos.gov/public_services/register/2015/41/04_proposed.pdf. Information on the Safe Drinking Water rulemaking and other ADEQ rulemaking is also available on ADEQ’s website.

State General Counsel Bret Parke Named ADEQ Deputy Director

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.

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.

Motorists should be prepared for additional delays on Interstate 15 through Virgin River Gorge

Construction on a major Interstate 15 reconstruction project on Virgin River Bridge No. 6 (milepost 16) is more than halfway complete. After finishing the northbound section of the bridge this summer, crews are now working to construct the new southbound bridge.

While the roadway will continue to be narrowed to one lane in each direction at this work zone, motorists should be prepared for additional travel delays up to 20 minutes while crews remove loose rocks near the southbound side of the bridge structure from Monday, Oct. 12 through mid-November.

Intermittent traffic breaks will be necessary during work hours, 6 a.m. to 6 p.m. on weekdays. For more information on how ADOT uses traffic breaks, please visit the ADOT YouTube webpage: https://www.youtube.com/watch?v=FyUcqpQCfig.

This $27 million improvement project includes the replacement of the bridge’s superstructure (girders, deck and railings), as well as widening the roadway through the narrow passage of the gorge. The project is scheduled for completion in 2016.

With limited alternate routes due to the remote location of the I-15 Virgin River Gorge corridor, ADOT urges drivers to plan ahead, allow extra travel time, slow down and drive carefully through the work zone, and be alert for construction equipment and personnel.

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

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

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

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.

30-Day Public Comment Period and Hearing

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.

US 60 east of Superior to close briefly for blasting operations Sept. 29-Oct. 1

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 five separate full closures of US 60 for up to 90 minutes:

  • Tuesday, Sept. 29, at 9 a.m. to 10:30 a.m. and again from 1 p.m. to 2:30 p.m.
  • Wednesday, Sept. 30, at 9 a.m. to 10:30 a.m.
  • Thursday, Oct. 1, 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.

Pavement work scheduled overnight at Sunset Point tomorrow

The Arizona Department of Transportation will install new pavement markers at the Sunset Point rest area on Saturday, September 26. Drivers can expect minimal delays and restrictions to the on and off-ramps at Sunset Point on southbound Interstate 17 between 9 p.m. and 5 a.m.

The speed limit through the work zones will be reduced to 45 mph during work hours.