Watershed Info No 945

1. Arizona Water Agencies Pledge To Work Together On Colorado River Drought Plan Brandon Loomis, The Republic | azcentral.com.

After months of sparring over how to manage Arizona’s share of Colorado River water, the state’s two big public water agencies have announced they’re ready to talk it out.

The Arizona Department of Water Resources and the Central Arizona Water Conservation District issued a joint statement Thursday declaring their intention to work together toward an interstate conservation agreement known as DCP, or, or drought contingency plan.Such a plan has taken on added urgency after a dry winter produced below-average runoff on the Colorado River system, stoking fears of shortages among the seven states that rely on the waterway. “ADWR and CAWCD are committed to bringing DCP to closure in Arizona by addressing a broad range of issues that respect the concerns of all stakeholders across the state,” the statement reads. “The discussions between ADWR and CAWCD are only the first step in a process that will expand to include participation by stakeholders.”

The CAP’s managers at Central Arizona Water Conservation District have argued that finding customers for unused water that otherwise would flow through the canal is their job, and that holding back too much could have unintended consequences..The state and Gov. Doug Ducey had sought legislation authorizing the Department of Water Resources plan and rejecting CAP’s claim to authority, but the Legislature did not act on that plan during the session that ended this week.

The Environmental Information Association Arizona Chapter In alliance with

AND

WILL BE PRESENTING A
FREE
ASBESTOS REGULATORY SEMINAR
Breakfast and Lunch included.
Come meet, share a meal and learn the basics from EIA
Board Members, ADEQ Inspectors and instructors from The
Asbestos Institute.
Show Low, AZ June 14, 2018 8:00am – 3:30pm
Location: Show Low City Hall
Deuce of Clubs Meeting Room
180 N. 9th Street, Show Low., AZ 85901 (928) 532-4000

8:00 am Registration – Continental Breakfast / 8:30 am Seminar Start / 3:30 pm Seminar End

So that we can arrange for food, please register on-line at www.eia-az.org or call 602-864-6564


3. Celebrate Endangered Species Day — Take Action for Wolves AND Jaguars!
Friday, May 18th, is Endangered Species Day, which is a good day to help out one of Arizona’s most imperiled animals, the Mexican gray wolf.

The Mexican gray wolf, the lobo, continues to be at risk of extinction in the wild for a number of reasons, including the failure of the U.S. Fish and Wildlife Service (USFWS) to develop and implement a strong recovery plan, and its continued failure to release enough new wolves from the captive breeding population, thus keeping the genetic diversity of the wild population low. The limited cross-fostering of pups is not nearly enough.

Please tell USFWS to protect this special species and release more wolves into the wild!

Another good way to celebrate the 13th annual Endangered Species Day is by getting to know the jaguar, one of Arizona’s endangered species. Learn more about the threats to this iconic animal and what you can do to help. Known for their elusive behavior, jaguars are the largest cats in the western hemisphere and third largest in the world. Although they are often confused with leopards, jaguars can be distinguished by their stocky bodies and spots in the center of their rosettes, the small, rose-shaped circular markings on their fur.

Once, jaguars roamed from California to as far as Louisiana, but for many years, no jaguars were seen in the United States. Since 2012, however, there have been three documented jaguar sightings in Arizona, all of which were solitary males. It is not surprising that they are alone, as jaguars are known to be solitary animals.

Killing jaguars for ranching and farming led to their severe decline, and those activities have also affected jaguar habitat. Although it has become much less prominent since the 1970s, hunting for pelts was also a factor in their endangerment. Additional threats include border walls that cut off travelways and the proposed Rosemont Mine, which is in the Santa Rita Mountains, one of the areas where jaguars have been seen.

You can help jaguars, wolves, and other wildlife by opposing border walls and the proposed Rosemont Mine, among other things. This will help more jaguars make their way to Arizona and the rest of the U.S. Learn more about jaguars here.


4. 404 Permits

ADEQ is beginning a process to consider assuming the Clean Water Act Section 404 permit program (CWA 404). If you are interested in receiving more information about this process, please join our new CWA 404 email list by visiting the link below:

Join the CWA 404 Email List >
We expect to conduct an initial stakeholder meeting in Phoenix on June 6th and in Tucson on June 7th. We will provide future stakeholder engagement details to those who join the subscriber list.


5. TUCSON WATER RECEIVES STATE AWARD – Tucson Water recently received the Large System of the Year award from the AZ Water Association at its annual conference in Phoenix. The utility was recognized for leading Arizona’s second-largest city from 100 percent groundwater dependence to reliance on a diverse, primarily renewable water portfolio. This helped keep total water usage at levels from the 1980s, even with an increase of more than 200,000 customers. In addition, Tucson’s partnerships with Phoenix and Las Vegas for Colorado River water storage were noted, as well as its new Neighborhood Green Infrastructure Program. Tucson Water: https://www.tucsonaz.gov/water


6. Water-Related Terrorism On the Rise, Analysis Finds

A new analysis finds that water-related terrorism rose by 263 percent from 1970 to 2016. U.S. President Donald Trump signs a disaster declaration for Oahu and Kauai, Hawaii, following devastating floods and landslides. After drought stunted Argentina’s soy crops, heavy rains complicate harvesting. Flooding caused by seasonal rains has killed 132 people in Kenya since March. California expects to see below-average hydropower production this summer. Canadians build tiny homes as part of a protest against the Trans Mountain Expansion pipeline project.

“We feel like it’s a matter of life and death. We’ve depended on this land for tens of thousands of years. That’s the risk that we’re facing with the pipeline. And the uncertainty is whether our kids are going to be able to drink this water in 50 years.” –Kanahus Manuel, an activist who helped launch Tiny House Warriors, a group that plans to build tiny houses along the route of a proposed Canadian pipeline expansion. The homes are part of indigenous-led protests in British Columbia, where residents feel that the pipeline will upset the environment. The Guardian

The 2018 Legislative Session has ended and the Arizona Department of Environmental Quality (ADEQ) is pleased to announce that the session was beneficial in helping further our mission to protect and enhance public health and the environment by facilitating environmentally responsible economic growth, enhancing Arizona’s unique environment and accelerating cleanups.

ADEQ’s 2018 Legislative Session Summary

Environmental Quality Bills of the 2018 Arizona State Legislative Session

Revised on: May 14, 2018 – 9:10am
The 2018 Legislative Session has ended and the Arizona Department of Environmental Quality (ADEQ) is pleased to announce that the session was beneficial in helping further our mission to protect and enhance public health and the environment by facilitating environmentally responsible economic growth, enhancing Arizona’s unique environment and accelerating cleanups

ADEQ Bills: Federal Program Primacy
As a result of recent changes to federal regulations and operational practices, the US Environmental Protection Agency (EPA) is now encouraging states to seek primacy or program authorization for additional federal programs. This unique opportunity allows ADEQ to enhance environmentally responsible economic growth by obtaining primacy and then redesigning permitting processes to eliminate redundancy, improve quality and reduce long permit cycle times currently experienced by EPA and other federal agency permit applicants.

This Legislative Session, ADEQ sought and obtained legislative approval, including fee authority, to obtain primacy for two federal programs:

SB 1493 | Environmental Quality; Dredge, Fill Permits

(Clean Water Act (CWA) Section 404)
Section 404 of the CWA establishes a program to regulate the discharge of dredged or fill material into Waters of the United States (WOTUS), including wetlands. “Dredge” is material that is excavated from WOTUS. “Fill” is any material used for the primary purpose of replacing an aquatic area with dry land or changing the bottom elevation of a water body. Currently, the Army Corps of Engineers (COE) administers the 404 program on behalf of EPA and takes more the 600 permit actions in Arizona each year. With the successful passage of this bill, ADEQ is beginning the process to seek primacy of the program from EPA. Stakeholder meetings will be initiated in June and the authorization request package is anticipated to be submitted to EPA in mid-2019. Once ADEQ has primacy, we will be able to offer our customers faster permitting, local technical expertise, higher quality permits, and consistency across the CWA programs ADEQ currently administers.

SB 1494 | Environment; Underground Injection Control Program

The Underground Injection Control (UIC) Program regulates the underground injection or discharge of six categories of hazardous and non-hazardous liquid and gas. While ADEQ has existing partial authority to administer the program under Title 49, it was insufficient to obtain primacy and did not include a funding mechanism for some well categories. New wells subject to UIC regulation will be necessary as new mining and desalination technologies are developed in the state. With the passage of this bill, ADEQ can begin the stakeholder process to improve program administration and eliminate duplicative regulatory requirements that currently exist between Arizona’s Aquifer Protection Permit (APP) Program and UIC regulations. ADEQ is currently developing a schedule for the rule development stakeholder process.

ADEQ Bills: Simplifying Regulation
In response to recent Executive Orders issued by Governor Ducey, ADEQ has continued review of existing statute and rule to identify regulations that can be simplified or eliminated to reduce regulatory burden while continuing to promote environmentally responsible economic growth. As a result, ADEQ again this year pursued an omnibus bill to implement statutory improvements outlined in the executive orders:
SB 1421 | Environmental Quality; Amendments
This bill’s statutory amendments mean that:

ADEQ will no longer be required to administer the Brownfields Cleanup Revolving Loan Fund Program (BCRLF) when there are no funds provided by the EPA
ADEQ will no longer be required to assist the Arizona Department of Health Services
(ADHS) in recruiting and training county health officials CONTINUED ON PAGE 7

CONTINUED FROM PAGE 6

  • The Director may require coordination with the Arizona Department of Water Resources (ADWR) and Arizona Department of Agriculture (AZDA) “as necessary” when monitoring water quality
  • ADEQ will no longer be required to publish a list of existing facilities that were required to obtain an Aquifer Protection Permit (APP) by 1992, 2004 and 2006
  • When a vehicle is relocated between dealerships for sale, it doesn’t have to undergo emissions testing each time; Certificates of Inspection (COI)s can be transferred.

HB 2310 | Underground Storage Tank Claims
This bill contains a number of changes to eligibility for reimbursement of corrective action costs from the Underground Storage Tank Fund for certain categories of owners and operators. The bill has been transmitted to the Governor for his action by May 16th.

HB 2062 | Permits; Licenses; Denials; Agency Hearings
This bill enacts a variety of amendments to permit and license applicant rights and modifies the criteria for and parties subject to burden of proof under certain denial or appeal situations. ADEQ is currently evaluating potential impacts of this bill on existing procedures. The bill has been transmitted to the Governor for his action by May 16th.

HB 2065 | Public Meetings; Definition; Penalties
This bill enacts a variety of amendments to open meeting law including, but not limited to expansion of what actions are subject to open meeting law, authority to enforce open meeting law and how decisions conducted by a body subject to open meeting law must document decisions. ADEQ is currently evaluating potential impacts of this bill on existing procedures

HB 2184 | Secretary of State; Rulemaking
This bill enacts a variety of amendments to the process for promulgating rules subject to Governor’s Regulatory Review Council review. ADEQ is currently evaluating potential impacts of this bill on existing procedures.

HB 2190 | County Improvement Districts; Repayment Agreements
Allows drinking water treatment facilities in a county improvement district to be eligible for WIFA loans. ADEQ is currently evaluating this bill to confirm that this new authority expands to the Small Water Systems Fund.

HB 2238 | Admin Decisions; Review; Scope
This bill requires, in part, that in a proceeding to review any final administrative decision of an agency brought by or against the regulated party, the court is required to decide all questions of law, without deference to any previous determination that may have been made on the question by the agency. ADEQ is currently evaluating potential impacts of this bill on existing procedures.

SB 1063 | Produce Safety Rule; State Administration
Requires the ADEQ Director to work with the AZDA prior to adopting water quality standards for agricultural water used to grow, harvest, cool, wash, pack or hold raw agricultural commodities subject to the Produce Safety Program. ADEQ is currently evaluating potential impacts of this bill on existing procedures

SB 1200 | Transportation Revisions
Repeals statute relating to unblended gasoline shortages. As a result of this bill, ADEQ will need to seek approval from EPA for a State Implementation Plan revision.

SB 1240 | Weights & Measures; Duties; Systems
Beginning October 1, 2018, stage II vapor recovery systems that collect vapors during vehicle refueling are prohibited in Area A or an ozone nonattainment area designated as moderate, serious, severe or extreme by the U.S. Environmental Protection Agency under the federal Clean Air Act. ADEQ will need to address this in a State Implementation Plan revisions

SB 1296 | Government Communications; Emergency Response Interpreters
This bill modifies and enhances state agencies responsibilities to communicate with persons with disabilities under certain emergency situations. ADEQ is currently evaluating potential impacts of this bill on existing procedures.

HB 2166 | Vehicle Fees; Alternative Fuel VLT
This bill eliminates the reduced motor vehicle license tax applicable to certain categories of alternative fueled vehicles, thus eliminating an incentive to purchase electric vehicles. ADEQ is currently evaluating potential mission related impacts.




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