906R92101 EPA Summary Environmental Plan for the Mexican-U.S. Border Area First Stage (1992-1994) February 1992 ------- Contents 1. Executive Summary 2 2. Background 6 The Border Area 6 Physical Features 7 Population 7 Economy 8 Historical Environmental Cooperation 10 3. Current Conditions 11 General Environmental Concerns in the Border Area 11 Wastewater Treatment 12 Hazardous Waste Disposal 12 Air Quality in Densely Populated Areas .... 12 Current Environmental Protection Efforts 13 Environmental Enforcement 13 International Wastewater Treatment 14 Nuevo Laredo/Laredo 14 Nogales/Nogales 14 Tijuana/San Diego 14 Hazardous Waste Programs 15 Improved Reporting of Transboundary Shipments or Hazardous Wastes 15 Joint Training and Education 15 Emergency Preparedness and Response ... 15 Air Quality Protection 16 Projects Involving Other Mexican-U.S. Agencies 17 4. The 1992-1994 Mexican-U.S. Border Plan ... 20 Goal and Objectives of the Plan 20 Strengthening Enforcement of Existing Laws.. 21 Cooperative Enforcement Workgroup 21 Enforcement Capacity Building 21 Enforcement Information Sharing 22 Cooperative Enforcement Actions 22 Reducing Pollution Through New Initiatives 22 Increase Wastewater Treatment 22 Strengthen Industrial Wastewater Pretreatment Program 23 Protect Drinking Water Supplies 24 Initiate Multimedia Industrial Source Controls . 24 Improve Disposal of Solid and Hazardous Wastes 24 Set Aside Land in Mexico for Low-Income Housing 25 Improve Air Quality 25 Promote Pollution Prevention Borderwide 26 New Pollution Prevention Workgroup 26 Border Area Pollution Prevention Initiatives . 27 Technical Assistance for Pollution Prevention 27 Increasing Cooperative Planning, Training and Education 28 Emergency Preparedness and Response Personnel 28 Government Officials 29 The Private Sector 29 The Public 29 Improving Understanding of the Border Environment 30 30 Waste-Related Studies Ground Water and Surface Water Monitoring Programs 30 Pesticide Information Exchange 30 Comparative Risk Assessment 31 Periodic Reports on Border Environmental Quality 31 Public Participation 31 Funding 32 ------- President George Bush The White House Dear President Bush, At your meeting with President Salinas de Gortari of Mexico in November 1990, you and President Salinas instructed U.S. and Mexican environmental authorities to cooperate in preparing a comprehensive plan to protect the environment along the Mexican-U.S. border. Since then, the U.S. Environmental Protection Agency (EPA) and Mexico's Secretaria de Desarrollo Urbano y Ecologia (SEDUE) have been working together with the International Boundary and Water Commission (IBWC) and our foreign ministries to characterize our shared environmental challenges and define the cooperative steps we could take to meet them. Today I am presenting to you the product of our cooperation. The people who live along the Mexican-U.S. border today face serious environmental problems, especially the health-related risks that result from inadequate wastewater treatment and unsafe drinking water. This plan summarizes specific actions that SEDUE and EPA intend to take over the next three years (1992-1994) to address environmental problems already evident in the border area. Over the next year alone, the two agencies propose to invest approximately $230 million in water-related construction projects to enhance the quality of the border environment. At the same time, we intend to improve our understanding of the border environment so that we can refine and redirect our bilateral environmental protection efforts in the second stage of this plan (1995-2000). In particular, we will reassess this plan over the next three years in light of any environmental effects resulting from a prospective North American Free Trade Agreement (NAFTA). I want to emphasize, however, that SEDUE and EPA intend to go forward with this plan regardless of the outcome of NAFTA negotiations. Mexico and the United States share a century-long history of environmental cooperation along the border. This plan builds on that history. For example, several elements of this plan will continue and expand on work already underway as a result of the 1983 Border Environmental Agreement between our two countries. SEDUE and EPA are not alone in their efforts to protect the environment along the border. Other federal agencies in both countries, working by themselves or bilaterally, are carrying out programs to protect various aspects of the border environment. In this country, the General Services Administration, the Department of State, and the Department of Agriculture in particular are targeting substantial resources to environment-related projects along the border. State and local governments also are playing important roles, as are individuals, families, private businesses, and non-government organizations. In the preparation of this plan, SEDUE and EPA held public hearings on both sides of the border, and we received written comments from hundreds of individuals and organizations with a strong interest in the border environment. Their ideas and comments are reflected in this plan. The environmental cooperation described in this plan marks the beginning of a new era in Mexican-U.S. relations, and a new stage in the evolution of international environmental policy. This plan is based on a fundamental belief that economic and environmental issues are intertwined: long-term economic growth is not possible without environmental protection, and long-term environmental protection is not possible without economic growth. Mexico and the United States both face an enormous challenge as we work together to balance those related goals. The plan EPA and SEDUE are presenting to you and President Salinas will help us meet that challenge. ' Respectfully, William K. Reilly Administrator, U.S. EPA ------- Executive Summary On November 27, 1990, the Presidents of Mexico and the United States met in Monterrey, Nuevo Leon, Mexico, to discuss a range of issues affecting the two countries. Of particular importance were questions of international trade. Both Presidents recognized that the liberalization of trade between the two countries is vitally important to the future economic health of both Mexico and the United States. Consequently, in Monterrey both Presidents reaffirmed their commitment to a free trade agreement that would reduce barriers to the flow of goods and services across the Mexican-U.S. border. While a free trade agreement would bring extensive economic benefits to people living in both countries, both Presidents realized it could have environmental consequences as well. Over the past decade hundreds of thousands of people have been drawn to cities on both sides of the border in search of better jobs and a higher standard of living. The industrial base has expanded sharply, particularly on the Mexican side of the border. Growing populations and expanding industries along the Mexican-U.S. border already are posing an environmental challenge to both countries, and that challenge will intensify unless met by a comprehensive environmental protection program supported by the two countries. At the same time, the economic benefits of free trade offer both nations their best hope for generating the economic resources needed to protect the border environment. New jobs expand the tax base, thus providing the capital needed for municipal services like paved roads, safe drinking water, and wastewater treatment. Successful businesses are better prepared to invest the capital and technical skills needed to manage their wastes in environmentally responsible ways. The challenge thus facing Mexico and the United States is not simply to nurture flourishing, mutually-beneficial trade, but to reap the economic benefits of free trade in ways that are environmentally sustainable. To this end, the Presidents of Mexico and the United States emphasized in their Monterrey meeting the need for ongoing environmental cooperation. In particular, they "instructed the authorities responsible for environmental affairs in their countries to prepare a comprehensive plan designed to periodically examine ways and means to reinforce border cooperation... with a view to solving the ------- problems of air, soil, and water quality and of hazardous wastes." This plan presents the first stage of a binational border environmental protection program. It has been prepared jointly by Mexico's Secretaria de Desarrollo Urbano y Ecologia (SEDUE) and the U.S. Environmental Protection Agency (EPA), and it will be implemented jointly as well. SEDUE and EPA have taken care to build this plan on the very strong base of environmental cooperation that has existed between the two countries for many years, and especially since 1983, when the United States and Mexico signed a Border Environmental Agreement broadly expanding their cooperative efforts. The two agencies already are involved in several joint environmental projects in the border area, and the plan presented here complements and expands on those efforts. In addition, this plan benefits from the long history of Mexican-U.S. cooperation through the binational International Boundary and Water Commission (IBWC), which for almost 50 years has been responsible for bilateral water sanitation projects along the border. In its first stage (1992-1994), this plan intends to address the most serious environmental problems now existing or emerging in the border area. Those problems have been defined through the collective expertise and professional judgment of SEDUE and EPA, IBWC, and border state government officials. At the same time, SEDUE and EPA recognize that current understanding of environmental conditions along the border is incomplete. Moreover, those conditions may change if a North American Free Trade Agreement (NAFTA) is ratified. Consequently, this plan should not be considered final or complete; rather, it is a work in progress. It will be reexamined by the end of 1994, and in the second stage of this plan (1995-2000) binational environmental protection efforts will be refined and redirected in light of improved understanding of the border environment and the possible environmental effects of a free trade agreement. SEDUE and EPA intend to achieve the goals of this plan by targeting their initial efforts on the most serious existing problems. Because most of the border area's population and industrial facilities is concentrated in pairs of Mexican and U.S. "sister" cities located across the border from each other, most of the bilateral environmental protection efforts outlined in the first stage of this plan will be carried out in those cities. In order to implement this plan, Mexico has committed to investing at least $460 million over the next three years in environmental projects in Mexican border cities, and $147 million is earmarked for projects in 1992. President Bush's FY 1993 budget request for EPA includes $179 million for border-area environmental protection, including $170 million for wastewater treatment projects. Funds for environment-related projects in the border area also have been requested in the proposed FY 1993 budgets for the U.S. Departments of State, Agriculture, and Health and Human Services, and the U.S. Export-Import Bank. If the President's budget request is approved, the U.S. government is committed to spending more than $240 million protecting the border area environment in 1993. Even though this plan has been prepared by SEDUE and EPA, its success will depend on the efforts of many people. Everyone who lives and works in the border area contributes to environmental pollution; everyone who lives and works in the border area must be involved in its protection. Border state and local governments, businesses and trade associations, the binational International Boundary and Water Commission, non-government organizations, and educational institutions all have important roles to play. This plan is comprehensive in the sense that it seeks to protect water, air, and land by marshalling the resources of both the public and private sectors. Although its initial goal is to address those environmental problems already apparent in the border area, over the long term it is intended to protect the border environment not only from existing sources of pollution, but also from those sources likely to be attracted to the border area in the future. The single most noteworthy aspect of this plan is the spirit of cross-border cooperation that infuses it. And that cooperative spirit underlies the firm belief — held by both SEDUE and EPA — that this plan is helping both Mexico and the United States achieve an important common goal: the long-term protection of human health and natural ecosystems in the border area. ------- Strengthen Enforcement of Existing Laws Reduce Pollution Through New Initiatives Environmental Plan for the Mexican-U.S. Border Area First Stage (1992-1994) Goaf To provide for the long-term protection of human health and natural ecosystems along the border between Mexico and the United States Objectives • Strengthen enforcement of existing laws » Reduce pollution through new initiatives • Increase cooperative planning, training, and education • Improve understanding of the border environment • Increase the number of Mexican border environmental inspectors — Increase SEDUE's border operational budget — Equip SEDUE border workstations with computers and data banks • Establish new Cooperative Enforcement Strategy Workgroup • Build enforcement capacity — Expand cooperative training visits to facilities on both sides of the border — Conduct bilateral workshops, seminars, field exercises, and personnel exchanges • Exchange enforcement information — Develop computerized database on regulated facilities and the transborder movement of hazardous wastes • Cooperate on enforcement actions in agreed-upon priority areas • Increase wastewater treatment — Complete 9 million gallon per day expansion in Nogales/Nogales, and begin next phase of Nogales expansion — Substantially complete 25 million gallon per day international system Tijuana/San Diego — Complete improvements in San Diego's wastewater treatment syster — Complete 31 million gallon per day system in Nuevo Laredo/Laredo — Begin construction or expand wastewater collection and treatment systems in Matamoros, Reynosa, Piedras Negras, Ciudad Juarez, San Luis Rio Colorado, and Mexicali — Construct wastewater treatment systems and hook-ups in U.S. colonias • Strengthen industrial wastewater pretreatment program — Require pretreatment before industr facility hook-ups to international wastewater treatment systems — Monitor and characterize effluent entering treatment facilities • Protect drinking water supplies — Inventory water sources, quality, an treatment processes at existing drinking water facilities — Determine priorities for drinking water protection — Construct drinking water systems ir U.S. colonias • Initiate multi-media industrial sourc controls to reduce air, water, and lai pollution — Collect data on toxic releases from industrial facilities in Ciudad Juarez and Tijuana — Target enforcement actions and pollution prevention programs in Ciudad Juarez and Tijuana ------- Increase Cooperative Planning, Training, and Education Improve Understanding of the Border Environment • Improve disposal of solid and hazardous wastes — Purchase equipment and/or construct landfills in Matamoros, Reynosa, Nuevo Laredo, Piedras Negras, Ciudad Juarez, Nogales, and San Luis Rio Colorado — Improve detection and reporting of illegal transboundary shipments of hazardous wastes • Set aside land in Mexico for low-income housing • Improve air quality — Improve roads, bridges, and traffic circulation in Mexican border cities — Establish credit lines for public/private transportation ventures in Mexico — Complete air emissions inventory for the Ciudad Juarez/El Paso airshed — Implement air quality monitoring programs and prepare emissions inventiories for the Mexicali/Calexico and Tijuana/San Diego airsheds — Prepare bilateral air quality control strategies for the Ciudad Juarez/El Paso, Mexicali/Calexico, and Tijuana/San Diego airsheds • Promote pollution prevention borderwide — Establish new Pollution Prevention Workgroup under the 1983 Mexican-U.S. Border Environmental Agreement — Implement border area pollution prevention initiatives modeled on EPA's 33/50 Project • Provide technical assistance for pollution prevention — Training programs for the private sector — Computer-based hook-ups to international technology information clearinghouse — University-based research and education centers — Model demonstration projects in local communities • For emergency preparedness and response personnel — Improve and test contingency plans already being developed in Matamoros/Brownsville, Mexicali/Calexico, and Tijuana/San Diego — Develop a detailed schedule for contingency planning in 11 other pairs of sister cities — Make public more complete information on the kinds, use, and movement of hazardous chemicals in the border area — Foster local action groups to coordinate transborder planning, prevention, and response — Assure that an effective hazardous release notification system is in place in all sister cities — Expedite transborder notification and movement of emergency vehicles and personnel — Establish an emergency response loan fund for Mexican border cities • For government officials — Expand training of environmental enforcement personnel — Improve safety and prompt movement of hazardous materials through border crossings • For the private sector — Develop training and education programs on waste-handling for commercial and industrial sources of waste — Publicize and update regulatory requirements for the handling and disposal of hazardous wastes • For the public — Develop bilingual environmental education materials to be distributed to local schools — Encourage the international exchange of teachers — Develop and distribute bilingual public service messages on environmental issues • Develop an inventory of legal and illegal waste disposal sites, and project future capacity needs for legal disposal • Determine the number, locations, and types of new solid waste disposal facilities needed in the border area • Compile an inventory of shared water resources, assess future demand on those resources, and establish area-wide monitoring programs to define ground water and surface water quality • Exchange information on the analysis, proper use, and control of pesticides in the border area • Prepare a comparative risk assessment that guides future environmental protection efforts • Prepare periodic reports on environmental quality in the border area ------- Background Figure 1 Mexican-U.S. Border Area The Border Area The border between Mexico and the United States separates two independent, sovereign nations with distinctive histories and unique cultures. Although they are neighbors sharing one of the world's longest borders, the two countries differ markedly in terms of language, culture, climate, political systems, and degrees of economic development. Yet in the border area, defined in the 1983 Border Environmental Agreement as the zone within 100 kilometers, or 65 miles, on either side of the political boundary, those differences are blurred. Many of the people who live there speak both English and Spanish. The overall economy of the area is intertwined; thousands of people travel across the border each day between their homes and their jobs. In fact, over 200 million people cross into the United States from Mexico each year, making the Mexican-U.S. border the most frequently crossed border in the world. From an environmental perspective, the border area is undivided. Several rivers, including the Santa Cruz, Rio Grande, San Pedro, Colorado, Tijuana, and New Rivers, flow along and across the border. Three major San Diego1 Tijuana' ARIZONA NEW MEXICO UNITED STATES .Brownsville Matamoro; ------- desert regions (the Sonora, Mojave, and Chihuahua Deserts) with their unique ecosystems lie on both sides of the border. Groundwater aquifers that provide essential water resources for both human consumption and agricultural use underlie both sides of the border. The cities that face each other across the border share common airsheds and drainage basins. Even though the border area is divided into different political units, including two countries, six Mexican states, and four U.S. states, it is — from many perspectives, including the environmental — an undivided area. And it will require an integrated and coordinated approach to protect its future environmental quality and its future quality of life. Physical Features The political border that separates Mexico and the United States stretches nearly 3200 kilometers, or about 2000 miles, between the Gulf of Mexico and the Pacific Ocean. For roughly half its distance, the border coincides with the beds of the Rio Grande and the Colorado River; for its other half, the border is unrelated to topography, marked only by signs at the formal border crossings. (See Figure 1.) On either side of the border, the climate and physical features of the land are similar. With the notable exception of the lower Rio Grande Valley, most of the border passes through high-altitude deserts populated by drought-resistant species of plants and animals. Temperatures in the border area can vary greatly, depending on the time of day, season, and geography. Population Because of the rigors of the land and climate, most of the border area is sparsely populated. More than 9.5 million people live in the 250,000 square mile border area, or about 40 people per square mile. However, the population is not distributed evenly throughout the area. A large percentage of the population lives in or near pairs of sister cities located across the border from each other. Approximately 9.2 million people live in fourteen pairs of sister cities: Matamoros, Tamaulipas, and Brownsville, Texas; Reynosa, Tamaulipas, and McAllen, Texas; Nuevo Laredo, Tamaulipas, and Laredo, Texas; Piedras Negras, Coahuila, and Eagle Pass, Texas; Ciudad Acuna, Coahuila, and Del Rio, Texas; Ojinaga, Chihuahua, and Presidio, Texas; Ciudad Juarez, Chihuahua, and El Paso, Texas; Las Palomas, Chihuahua, and Columbus, New Mexico; Agua Prieta, Sonora, and Douglas, Arizona; Naco, Sonora, and Naco, Arizona; Nogales, Sonora, and Nogales, Arizona; San Luis Rio Colorado, Sonora, and Yuma, Arizona; Mexicali, Baja California, and Calexico, California; and Tijuana, Baja California, and San Diego, California. (See Table 1.) About 72 percent of the U.S. border population live in those 14 U.S. cities. Table 1 Populations of Border Sister Cities 1990 Metropolitan Area City Tijuana, Baja California 742,686 San Diego, California 2,498,016 Mexicali, Baja California 602,390 Calexico, California 109,303 San Luis Rio Colorado, Sonora 111,508 Yuma, Arizona 106,895 Nogales, Sonora 107,119 Nogales, Arizona 29,676 Agua Prieta, Sonora 39,045 Douglas, Arizona 97,624 Naco, Sonora 4,636 Naco, Arizona 97,624 Las Palomas, Chihuahua 16,565 Columbus, New Mexico 18,110 Ciudad Juarez, Chihuahua 797,679 El Paso, Texas 591,610 Ojinaga, Chihuahua 23,947 Presidio, Texas 6,637 Ciudad Acuna, Coahuila 56,750 Del Rio, Texas 138,721 Piedras Negras, Coahuila 98,177 Eagle Pass, Texas 36,378 Nuevo Laredo, Tamaulipas 219,468 Laredo, Texas 133,239 Reynosa, Tamaulipas 376,676 McAllen, Texas 383,545 Matamoros, Tamaulipas 303,392 Brownsville, Texas 260,120 Mexican Total 3,500,038 U.S. Total 5,722,694 TOTAL 9,222,732 688,690 1,110,549 438,303 18,633 105,933 54,923 102,124 19,489 32,778 17,324 3,906 675 2,500 641 787,788 515,342 20,972 3,072 52,983 30,705 96,178 20,651 218,413 122,899 332,755 84,021 266,055 98,962 3,149,378 2,070,886 5,220,264 ------- Economy Historically, the economy of the border area has been dominated by mining and agriculture. The area is rich in copper, gold, silver, lead, phosphate, and manganese. Despite an annual average rainfall of only 11 inches per year, the land continues to support cattle and sheep ranches and farms producing fodder crops, wheat, maize, and millet. Due to widespread irrigation in fertile areas, large quantities of fruits and vegetables destined for both Mexican and U.S. markets are grown and processed along the border. During the past 25 years, however, the economy of the area has become more industrialized. Particularly on the Mexican side of the border, the manufacturing sector has grown rapidly. In 1965 the Mexican government established a border industrialization plan to attract labor- intensive industries to Mexico. Under this plan, industries based outside Mexico are permitted to bring capital equipment, components, and raw materials into Mexico without paying import duties. The materials are assembled by Mexico-based industries known as maquiladoras. The finished products then are exported to foreign markets, and, in most instances, duties are paid only on the value added in Mexico. Since 1965 approximately 2000 maquiladora plants employing over 400,000 people have been established in Mexico. Maquiladoras are now the second-largest source of foreign exchange for Mexico. About 75 percent of maquiladoras are located in the border area. As of November 1991, the 1700 maquiladoras in the border area employed approximately 380,000 people. (See Table 2.) Approximately 56 percent of the border maquiladoras are located in the two Mexican cities of Ciudad Juarez and Tijuana, and maquiladoras in those two cities employ just over half of the border-area maquiladora workforce. About 43 percent of the border-area maquiladoras manufacture electronic equipment, materials, and supplies. The rest produce a variety of petroleum, metal, transportation, medical, and other miscellaneous products. (See Figure 2.) The industrial sector is an important part of the economy on the U.S. side of the border as well. EPA collects data on U.S. industrial facilities that process toxic chemicals (25,000 pounds or more per year) or use toxic chemicals (10,000 pounds or more per year) and that employ 10 or more employees. In 1989 145 such industrial facilities were located on the U.S. side of the border area, and in 1989 those facilities released about 32.5 million tons of toxic chemicals to the air, water, or land. (See Table 3.) Like the industrial facilities on the Mexican side of the border, U.S. facilities produce a variety of different products. (See Figure 2.) Figure 2 Products of Mexican and U.S. Border Industries U.S. Border Industry (1989) Mexican Border Industry (1991) Electronic/Electric Materials & Supplies 23% Metal Industries 16% Petroleum, Petroleum Products, Plastics, Chemicals 20% Transportation Equipment & Supplies Other ood and%Manufactured Products Agricultural 8°X Clothing and other Textiles 1% Services 2% Electronic/Electric Materials & Supplies 34% Transportation Equipment & Supplies Electronic/Electric Equipment/Apparatus Petroleum, Petroleum Products, Plastics, Chemicals Medical Supplies 5% llothing and other Food and Toextlles Agricultural 2% 5% ------- Table 2 Number and Employment of Maquiladoras November 1991 Border Cities Number of (within 100km.) Maquiladoras Tijuana Ciudad Juarez Mexicali Matamoros Teeate Nuevo Laredo Nogales Reynosa Piedras Negras Ciudad Acuna Ensenada Agua Prieta San Luis Rio Colorado Naco Palomas 656 321 122 94 110 93 75 82 37 46 44 27 23 4 5 Number of Employees 70,262 134,838 19,400 38,268 5,934 21,000 21,084 30,000 7,182 14,261 5,706 7,500 3,000 1,200 137 TOTAL 1,739 379,772 Table 3 U.S. Industrial Facilities and Toxic Releases in the U.S. Border Area (millions of pounds) State Number of and facilities County Arizona Pima Yuma State Total California Imperial San Diego State Total New Mexico Dona Ana Hidalgo State Total Texas Cameron El Paso Hidalgo Webb State Total ALL 25 2 27 2 74 76 1 1 2 9 24 6 1 40 145 Fugitive or non-point emissions 666,120 0 666,120 31,505 1,663,023 1,694,528 35 6,900 6,935 218,150 790,421 39,375 1,500 1,049,466 3,417,029 Stack or Discharges point air to water emissions 218,764 49,525 268,289 1,750 4,203,664 4,205,414 0 487,250 487,250 95,709 695,722 113,560 17,000 921,991 5,882,944 0 0 0 0 1,000 1,000 0 0 0 250 0 0 250 500 1,500 Releases Discharges to Land ioPOTW 8,398 0 8,398 0 1,000 1,000 0 20,353,549 20,353,549 3,238 23,350 0 750 27,338 20,390,285 9,243 0 9,243 0 650,678 650,678 0 0 0 41 273,304 250 0 273,595 933,516 Transfers to other off-site locations 407,288 1,849 409,137 0 394,875 394,875 0 0 0 953,988 180,949 16,343 0 1,151,280 1,955,292 Total Releases/ Transfers 1,309,813 51,374 1,361,187 33,255 6,914,240 6,947,495 35 20,847,699 20,847,734 1,271,376 1,963,746 169,528 19,500 3,424,150 32,580,566 ------- Historical Environmental Cooperation The United States and Mexico have long recognized their shared interests in the border environment. In fact, the two countries have been involved in formal cooperative efforts related to the use of the border's waters for almost one hundred years. During the 19th century, the Rio Grande and Colorado River periodically changed course, causing uncertainty in both countries as to the precise location of the border. In response, Mexico and the United States signed a convention in 1889 creating the International Boundary Commission, consisting of a Mexican and a U.S. Section, to resolve boundary location issues related to movements of the Rio Grande and Colorado River. In 1944 the two countries agreed by treaty to create a new International Boundary and Water Commission (IBWC), extend its authority to the land boundary, and give it lead responsibility for border water sanitation projects mutually agreed to by both countries. Consequently, in addition to its other duties, the IBWC currently is involved in the planning, construction, operation, and maintenance of several wastewater treatment plants in the border area. (See Chapter 3 of this plan.) In 1983 joint Mexican-U.S. environmental activities in the border area were formalized with the signing of a comprehensive Border Environmental Agreement. This agreement denned the border area as a 100-kilometer wide zone on either side of the political boundary, and it established a general framework in which both countries agreed to prevent, reduce, and eliminate sources of air, water, and land pollution. In particular, the 1983 agreement outlined procedures for establishing technical annexes under which specific projects are carried out. Five annexes are currently in force: • Annex I: Provides for the construction and operation of Tijuana/San Diego wastewater treatment facilities. • Annex II: Authorizes the establishment of the Inland Joint Response Team (JRT) to respond to accidental spills of oil and hazardous substances in the border area. • Annex III: Establishes procedures governing the transboundary shipment of hazardous wastes and hazardous substances. • Annex IV: Requires copper smelters in the border area to comply with certain emissions limits. • Annex V: Provides for an assessment of the causes of, and solutions to, air quality problems in sister cities in the border area. Four binational work groups have been working since 1983 to implement the terms of the agreement and its technical annexes. Those four work groups, which address air, water, hazardous waste, and emergency response issues, currently are involved in a number of projects in the border area. (See Chapter 3 of this plan.) When the Presidents of Mexico and the United States directed SEDUE and EPA to develop this plan, they explicitly noted that it was to be based on the work already being carried out under the 1983 Border Environmental Agreement. 10 ------- Current Conditions General Environmental Concerns in the Border Area At this time the most serious environmental concerns along the border are related to the concentrations of people and industry in the large — and growing — sister cities. Congestion, uncontrolled urban development, and lack of basic public health and sanitation facilities have become significant problems in many communities on both sides of the border. On the Mexican side, tens of thousands of families attracted to the border area by job opportunities in the maquiladoras are straining existing road, drinking water, and wastewater treatment systems. In some places with high population densities, centralized wastewater collection and treatment systems have never been built. The lack of land available for housing, together with unplanned land use, have resulted in the growth of settlements which lack basic services such as public transportation and solid waste disposal. In addition, the hazardous wastes generated by the maquiladoras have caused widespread concern on both sides of the border, because little is known about the kinds, quantities, or disposal of such wastes. At many places on the U.S. side of the border, unincorporated communities, called colonias, have sprung up adjacent to towns and cities. These colonias, which are the homes of over 200,000 people in Texas and New Mexico alone, are characterized by substandard housing, inadequate roads and drainage, and barely adequate water and sewer systems,'if such systems exist at all. For example, less than one percent of Texas colonias, and about 7 percent of New Mexico colonias, are served by wastewater treatment systems. 11 ------- Wastewater Treatment For the past decade wastewater treatment capacity along the Mexican-U.S. border has been overloaded. In many places no collection or treatment facilities exist at all. Consequently, untreated or inadequately treated wastewater has been discharged from communities in the border area into rivers, canals, arroyos, the Gulf of Mexico, and the Pacific Ocean. These discharges have contributed to ecological and esthetic degradation, economic losses, and threats to human health. For example, a 4-kilometer (2.5-mile) stretch of beach north of the international border at Tijuana/San Diego has been under a public health quarantine since 1980. The quarantine was extended to a 10-kilometer (6-mile) area in 1983 and 1985, when unusual currents carried wastewater further north. Aquatic ecosystems in the Tijuana estuary also have been threatened by high concentrations of human wastes. In the Nogales area, surface water and shallow drinking water wells have been contaminated with pathogenic microorganisms. In the Nuevo Laredo/Laredo area, 27 million gallons per day (MGD) of untreated wastewater are being discharged directly into the Rio Grande, while treated wastewater fails to meet environmental standards. Thus the value of the Rio Grande as a water supply source has been eroded. Hazardous Waste Disposal At this time little is known about the disposition of hazardous wastes in the border area. Yet, because of unique circumstances along the border, the transportation and disposal of hazardous wastes in that area are of serious concern to both Mexico and the United States. Under the terms of Mexico's maquiladora policy and Annex III to the 1983 Border Environmental Agreement, any wastes generated from the raw materials transported from the United States to maquiladoras in Mexico must be transported back to the United States or, in some circumstances, recycled in Mexico. Although approximately 2,000 maquiladora facilities now operate in Mexico, little is known about the raw materials shipped in or the wastes shipped out. Because a comprehensive tracking system does not exist, the possible mismanagement of hazardous wastes is an issue on both sides of the border. Furthermore, the shipping of hazardous materials back and forth through congested border crossings causes public safety concerns, even when the material is being transported legally. The likelihood of illegal transboundary transportation and disposal of hazardous wastes causes additional concern. In the past five years, SEDUE and EPA have uncovered several instances of illegal transport and storage of U.S. hazardous wastes in Mexico, but the overall extent of such illegal activity is not known. Air Quality in Densely Populated Areas The densely-populated sister cities of the border area are subject to many of the air quality problems typical of congested urban areas. For example, extensive truck and automobile traffic contribute to high concentrations of nitrogen oxides, carbon monoxide, and ozone-forming hydrocarbons. Industrial facilities are the source of a range of air pollutants, some of which are toxic. However, air quality in the border area is affected by several unique factors. Agricultural activities together with strong winds blowing over desert soils contribute to high particulate concentrations. Since few streets in the unplanned, rapidly growing settlements on both sides of the border are paved, vehicle traffic contributes to the particulate problem as well. Urban traffic congestion is especially detrimental to air quality in the border area because many of the vehicles are old, and they have no emissions control systems, or those systems no longer function adequately. Moreover, the sister cities are heavily-travelled border crossings, and the long lines of idling vehicles common at the crossing points add to the air pollution. Many people in the border area heat their homes at night with wood- or refuse-burning stoves, which emit particulates, carbon 12 ------- monoxide, and toxic air pollutants. Toxic pollutants also are emitted by the small brick and tile kilns common in many Mexican cities, because those kilns often are fired by waste materials such as used tires. On the Mexican side of the border, the open burning of solid wastes contributes to air quality problems in some urban airsheds. It is difficult to quantify the extent to which these different sources are contributing to air pollution in specific cities, or the extent to which air pollution is threatening human health or sensitive ecological systems. Although emissions inventories have been developed for several cities on the U.S. side of the border, few emissions source data are available for the Mexican side. Similarly, air quality data in cities on the U.S. side of the border have been collected for many years, while ambient air quality monitoring is just beginning in Mexican cities. At this time limited ambient air quality data are available only for Ciudad Juarez, and monitoring is just beginning in Tijuana. Current Environmental Protection Efforts The Mexican and U.S. governments have been working for several years on a range of environmental projects in the border area. Some of those projects are unilateral, and some have been initiated by joint SEDUE/EPA workgroups under the terms of the 1983 Border Environmental Agreement. In addition, other federal agencies of the two governments are working under different legal authorities to protect human health and ecological resources in the border area. State and local governments, the private sector, and non-government organizations also are applying their own resources to address environmental problems in particular locations. Environmental Enforcement Over the past several years, both SEDUE and EPA have strengthened their enforcement capabilities in the border area. For example, SEDUE recently added 50 new environmental inspectors along the border, and the number of Mexican facilities cited, fined, or shut down by SEDUE for environmental violations has increased substantially. Within the past six months, 70 facilities on the Mexican side of the border have been shut down for varying periods of time for environmental violations. Most were cited for violations of air pollution control laws or for the improper handling and storage of hazardous substances. EPA has worked closely with U.S. Customs since 1986 to monitor the movement of hazardous wastes across the border. During that time EPA has trained over 500 customs officers to help them recognize hazardous waste shipments, determine whether required paperwork is complete, and process shipments safely. In order to identify illegal shipments of hazardous wastes, EPA and U.S. Customs also have conducted several 24-hour spot checks of every shipment entering or leaving the United States. EPA has taken enforcement action against several companies that have violated U.S. import notification requirements. 13 ------- EPA also conducted an intensive, five-day, multi-agency border inspection initiative at the U.S. Customs port in El Paso in September 1990. Representatives from the Interstate Commerce Commission, the U.S. Department of Transportation, the Texas Department of Public Safety, the Texas Water Commission, EPA, and U.S. Customs checked all in-bound and out-bound truck traffic for compliance with applicable regulations. This action helped instruct both the regulated community and the different agencies in the proper procedures for transporting hazardous wastes across the border. SEDUE and EPA have worked together to investigate several incidents involving the illegal import/export of hazardous wastes. For example, on May 28, 1991, the cooperative efforts of SEDUE, EPA, Mexican and U.S. customs officials, the U.S. Department of Justice, and the U.S. Federal Bureau of Investigation led to a conviction for the illegal transportation of hazardous wastes into Mexico. This was the first time a coordinated, transboundary enforcement action resulted in a criminal conviction. International Wastewater Treatment Over the past five years approximately $350 million have been spent or committed by Mexico and the United States to enhance international wastewater treatment in the border area. The International Boundary and Water Commission (IBWC), which has been responsible for binational wastewater treatment projects since 1944, currently is using combined Mexican and U.S. resources to improve treatment capabilities in three sets of sister cities (Nuevo Laredo/Laredo, Nogales/Nogales, and Tijuana/San Diego). The IBWC also is working with SEDUE, EPA, and state officials to train IBWC personnel in the proper operation and maintenance of wastewater treatment facilities in the border area. Nuevo Laredo/Laredo At this time a $44 million project to improve wastewater collection and upgrade treatment in Nuevo Laredo is underway. This construction project, the costs of which are being split among the Mexican government, the U.S. government, and the state of Texas, is planned for completion by the end of 1994. This new facility will have the capacity to treat 31 million gallons per day of wastewater, which will accommodate current wastewater flows and near-term growth expected in the area. Pretreatment of industrial wastewater will be required by the time the system is completed. Untreated wastewater from Nuevo Laredo now flows into the Rio Grande, which is considered "unswimmable" downstream from Nuevo Laredo/Laredo. When the new system is complete, the treated wastewater will meet U.S. effluent guidelines and Texas water quality standards. Nogales/Nogales The existing Nogales wastewater treatment plant, which is located on the U.S. side of the border and serves both cities, currently is being expanded to approximately double its capacity from 8.2 to 17.2 million gallons per day. The $13 million dollar expansion is being co-funded by the Mexican and U.S. governments and the city of Nogales, Arizona. The expansion was substantially completed in 1991, and negotiations are underway to require industrial sources to pretreat their wastewaters destined for the plant. Moreover, the Mexican and U.S. governments have begun discussions to expand the Nogales plant further to meet future capacity demands. Tijuana/San Diego During the past few years, Mexico and the United States have taken several cooperative steps to eliminate the flow of untreated wastewater into the Tijuana River, which empties into the Pacific Ocean off Tijuana/San Diego. The Mexican government recently completed construction of a pumping plant, conveyance channel, and wastewater treatment facility south of Tijuana. The facility is now in operation. In October 1991 the IBWC began operating a system that diverts untreated wastewater from the Tijuana River to treatment facilities in both countries. The state of California also contributed funding for this diversion project. On May 24, 1991, Mexican and U.S. officials participated in the official groundbreaking of a major component of a new international wastewater treatment and disposal system that will serve the Tijuana/San Diego area. This system, which will include collection pipes, a 25 million gallon per day wastewater treatment facility, and an ocean outfall pipe, is planned for completion by 1995. The cost of 14 ------- the system — approximately $400 million — is being shared by the two federal governments, the state of California, and the city of San Diego. The new system will meet stringent environmental standards. For example, the outfall for treated effluent will extend more than three miles out into the Pacific Ocean. As is the case with all binational wastewater treatment systems along the border, industrial pretreatment of wastewater will be a precondition for industrial use of the system. Hazardous Waste Programs The transportation, handling, and disposal of hazardous wastes — whether legal or illegal — have been a cause of public concern in the border area for many years. Consequently, SEDUE and EPA have efforts underway to ensure proper storage and disposal and to prosecute persons involved in illegal waste disposal in the border area. EPA has identified approximately 450 sites on the U.S. side in the border area where hazardous wastes may be stored or disposed of improperly, and those sites are being investigated for possible remedial action. The agency already has work underway to clean up the five sites in the border area that are on the U.S. Superfund priority list for clean-up. Improved Reporting of Transboundary Shipments of Hazardous Wastes Binational cooperation in tracking hazardous wastes from the maquiladoras into the United States has improved substantially over the past few years. These transborder shipments — required by Mexican law — have increased due to the cooperative efforts of SEDUE, EPA, Mexican and U.S. customs agencies, and state governments. For example, SEDUE and EPA have trained the regulated communities in proper manifesting and notification techniques. The two agencies also have increased their surveillance and inspection of hazardous waste shipments in the border area. EPA and the state of Texas have improved their ability to track wastes using computers, and U.S. Customs now is involved in the identification of hazardous waste shipments. Because of these activities, reported shipments of hazardous wastes from maquiladoras in Mexico through Texas have grown from 190 tons in 1987 to 2,400 tons in 1990. Joint Training and Education In order to understand better their respective responsibilities and methods of operation, SEDUE and EPA hazardous waste personnel have participated in several joint training sessions over the past three years. Officials from both agencies together have visited more than two dozen industrial facilities in Mexico and the United States since 1989. In addition, SEDUE has visited approximately 40 U.S. facilities with inspectors from U.S. state and local governments. Since 1987 SEDUE personnel have participated in training sessions with EPA, state, and local enforcement officials. Those sessions included training in incinerator permitting, inspection techniques, import/export issues, and site remediation. SEDUE and EPA also are working with industrial sources along the border to help them manage their hazardous wastes more effectively. The two agencies have co-produced a manual for industry that describes each country's regulations governing the transboundary movement of hazardous wastes, and they have sponsored a series of binational conferences to share waste management information with industry. Emergency Preparedness and Response Under the terms of the 1983 Border Environmental Agreement, a Mexican-U.S. Inland Joint Response Team (JRT) has been established to coordinate binational preparedness and training for emergencies involving hazardous substances. The JRT is activated in the event of a serious hazardous substances spill or accident in the border area. Over the past few years several accidents and spills involving hazardous substances have occurred in the border area. The JRT mechanism now in place has enabled more immediate and effective responses, because local officials have coordinated their efforts with their counterparts at the state and federal levels in both countries. For example, in 1990 a diesel fuel spill in the El Paso area was reported immediately to government officials on both sides of the border. Because of the timely and coordinated response, potential contamination of drinking water supplies in El Paso and neighboring Ciudad Juarez was avoided. The JRT also serves as a conduit for information regarding each country's 15 ------- emergency preparedness and response activities. For example, the JRT has sponsored two conferences on emergency response issues of mutual concern to sister cities in the border area. The JRT currently is working with state and community officials to develop and augment emergency response plans for three pairs of sister cities: Matamoros/Brownsville, Mexicali/Calexico, and Tijuana/San Diego. The JRT has conducted several training courses and simulation exercises for the officials on both sides of the border who will be contacted first in case of an accident or spill involving hazardous substances. For example, the JRT participated in a simulated exercise in Mexicali/Calexico in 1989, and in full-field exercises in Matamoros/Brownsville in 1990 and 1991. These kinds of joint training exercises are conducted in both Spanish and English, the training materials are prepared in both languages, and the exercises are open to local, state, and federal officials from both countries. Figure 3 Ciudad Juarez/El Paso Air Quality Participate concentrations in El Paso/Juarez - 12/15/89 TEXAS NEW MEXJO& to 100 100 to 150 150 to 200 CHIHUAHUA Monitoring Station Air Quality Protection Because of air quality problems nationwide, both Mexico and the United States have passed new federal laws to reduce air pollution. As those laws are implemented over the next several years, air quality in border communities will improve. In addition, SEDUE, EPA, and state and local governments on both sides of the border are taking a number of actions — including bilateral actions — that will improve air quality in particular border area airsheds. For example, the city government in Ciudad Juarez has taken several recent actions to improve local air quality. A vehicle inspection program was initiated in December 1991. Beginning in January 1992, all taxis and public transportation vehicles will be inspected, and inspections of private vehicles will begin in April 1992. Working with SEDUE, Ciudad Juarez also has instituted a program designed to reduce the air emissions caused by the burning of used tires in local brick kilns. Small-business loans have been made available to the owners of the city's 300 brick kilns so they can convert their kilns to burn sawdust in enclosed stoves, and some kilns are scheduled to be relocated. In addition to local actions taken in response to local air quality problems, SEDUE and EPA are working under Annex V to the 1983 border agreement to characterize better the sources and concentrations of air contaminants in the border area. Beginning in 1989, the two agencies began a major study of air quality in the Ciudad Juarez/El Paso airshed. With the assistance of the city of El Paso, a system of air quality monitors has been set up in Ciudad Juarez to complement the system in El Paso. The two systems, which measure particulate matter, are being operated with the same quality assurance, and the data from monitors on both sides of the border are being combined into one data base that is accessible to both countries. As a result, it is now possible for the first time to quantify air quality thoughout the entire airshed of a pair of sister cities. (See Figure 3.) 16 ------- SEDUE and EPA also are working with the California Air Resources Board (CARB) and local officials to characterize and control air emissions in the Tijuana/San Diego and Mexicali/Calexico areas. A study of the sources of particulate matter in the Imperial Valley, where Mexicali and Calexico are located, is underway, and a working group of federal, state, and local officials in Tijuana/San Diego is studying ways to reduce emissions from motor vehicles, especially those used for transborder commuting. In October 1991 the city of El Paso initiated a voluntary oxygenated fuels program that should lower local carbon monoxide emissions substantially. Because of the potential for reducing carbon monoxide concentrations in airsheds borderwide, SEDUE is studying the introduction of oxygenated fuels in Mexican border cities. Under Annex IV to the 1983 Border Environmental Agreement, SEDUE and EPA have cooperated to control air emissions from copper smelters in the border area. Under the terms of a Mexican-U.S. agreement, a copper smelter in Douglas, Arizona, has ceased operations; a smelter in Nacozari, Sonora, has been retrofitted to capture sulfur and sell it as a byproduct; and a smelter in Cananea, Sonora, has reduced its operations. As a result, sulfur dioxide emissions from copper smelters in the border area have decreased dramatically over the past few years. Projects Involving Other Mexican-U.S. Agencies Besides SEDUE and EPA, a number of other federal agencies in Mexico and the United States are carrying out projects to protect the environment in the border area. Some of these projects are being conducted with bilateral cooperation; some are being conducted unilaterally. Even though these projects have not been included as formal parts of this plan, they are important components of the overall binational strategy to protect human health and ecological resources along the Mexican-U.S. border. • Mexico and the United States share a long history of cooperation on wildlife protection and the conservation of natural resources in the border area. Cooperative efforts to protect wildlife date back to the Convention for the Protection of Migratory Birds and Game Mammals, signed by the two countries in 1936. In 1941 Mexico and the United States joined with other countries in signing the Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere. More recently, in 1984 SEDUE and the U.S. Fish and Wildlife Service (FWS) agreed to establish a bilateral Joint Committee on Wildlife Conservation that coordinates Mexican-U.S efforts to protect threatened or endangered species, exchange wildlife specimens, and protect the habitat of migratory birds. The FWS also carries out projects in Mexico under the North American Wetlands Conservation Act, which funds wetlands projects in the United States, Canada, and Mexico. • SEDUE and the U.S. National Park Service have agreed to work together to preserve and manage natural ecosystems and cultural heritage resources along the border. Since the two agencies signed a Memorandum of Understanding (MOU) on November 30, 1988, they have been discussing the establishment of several new parks and natural preserves along the border. For example, the two agencies are discussing the establishment of a protected area adjacent to Big Bend National Park that would include the Sierra del Carmen, and they are considering proposals that would establish a Greater Sonoran Desert Biosphere Reserve. • Mexico's Subsecretariat of the Ministry of Agriculture and Water Resources (SAHR) and the U.S. Department of Agriculture's Forest Service have been cooperating on forest issues under a 1985 Memorandum of Understanding (MOU). That cooperation will continue in the future with a special emphasis on border area problems. For example, the two agencies have developed an agreement to cooperate in fighting forest fires along the border, and several binational forest fire prevention and training courses have been held. SAHR and the Forest Service are planning to hold a 1992 workshop to help identify rare and endangered species in the border area. The Forest Service also is working with the Mexican state of Chihuahua to develop and implement conservation projects, and it is providing technical advice to SAHR on the completion of environmental analyses required by the World Bank for a conservation project in Chihuahua. 17 ------- • The Gulf of Mexico is a natural resource of enormous economic and environmental value to both Mexico and the United States. The gulf sustains a multi-billion dollar per year tourist industry in both countries, and it is the source of over 90 percent of combined Mexican and U.S. offshore oil production. At the same time, the Gulf of Mexico is one of the world's major commercial fishing grounds, and wetlands bordering the gulf provide habitat for more than 75 percent of North America's migratory waterfowl and a breeding ground for a variety of fish and shellfish. Because of their mutual concern about the future health and productivity of the Gulf of Mexico, the Mexican and U.S. governments have taken several cooperative steps to protect it. In 1980, for example, the two countries agreed to establish contingency plans for oil spills and other marine emergencies in shared waters like the Gulf of Mexico. Both countries have worked to have the Gulf of Mexico designated as a specially protected area under Annex V to the International Convention for the Prevention of Pollution from Ships (the MARPOL Convention). This designation would require stringent restrictions on the generation and disposal of wastes resulting from ship operations in the Gulf of Mexico. In addition, both Mexico and the United States are parties to the 1986 Convention for the Protection and Development of the Marine Environment of the Wider Caribbean Region (the Cartagena Convention). Under this convention, Mexico, the United States, and other Caribbean countries are developing a protocol for controlling land-based sources of pollution that affect the Carribean marine region, which includes the Gulf of Mexico. As a part of their joint efforts in this area, in 1992 SEDUE and EPA will initiate a bilateral pilot program to control land-based sources of marine pollution in the border area. • Mexico's Secretaria de Pesca (PESCA) and the U.S. National Marine Fisheries Service (NMFS) have cooperated for several years on research related to fish and shellfish that are found in both countries' ocean waters. These transboundary marine species, such as tuna, shrimp, anchovy, and mackerel, are important economic and ecological resources. Research currently is being conducted in the Gulf of Mexico on species including sea turtles, shrimp, and plankton. In the Pacific Ocean, the two agencies are working together to study sardines, anchovies, and sharks, among others. • The U.S. National Oceanographic and Atmospheric Administration (NOAA) has included the Tijuana River National Estuarine Research Reserve as one of the sites in its National Estuarine Research Reserve System. This 2500-acre site is located at the mouth of the Tijuana River and abuts the Mexican-U.S. border. For the past four years NOAA has been conducting studies of water quality, channel fishes, invertebrates, vegetation, and marsh soils in order to document the pollutants that enter the estuarine research reserve from the Tijuana River, and assess changes in the estuarine ecology. • During 1992 the U.S. Department of the Interior (DOI) will initiate a new water resources study that will include a portion of the border area. The Lower Rio Grande Basin Study, which will be conducted by DOI's Bureau of Reclamation, will include the Texas portion of the lower Rio Grande basin from Amistad Dam to the Gulf of Mexico. It also will include portions of some counties in the adjoining Nueces/Rio Grande basin. This study will focus primarily on water supply/demand issues. A special report, to be completed by September 1995, will include present and projected population data, water demand by sectors, an assessment of available water resources, an evaluation of current and anticipated water supply technologies, and options and alternatives for meeting future water needs. • Since 1943, the El Paso, Texas, field office of the Pan American Health Organization (PAHO) has functioned as a binational forum for health issues in the border area. This PAHO office works to bring together health professionals to address public health problems on both sides of the Mexican-U.S. border. In 1990 the U.S. Public Health Service contracted with PAHO to manage Project CONSENSO, which was intended to identify and prioritize border health problems, and suggest responses to those problems. Project CONSENSO has helped to build binational consensus for action to protect human health in the border 18 ------- area. In particular, Project CONSENSO has resulted in an assessment of current health conditions along the border, an inventory of existing border health resources, the identification of binational health priorities in different border regions, and recommendations for action by local, state, and federal governments. The U.S. Public Health Service also has begun a program to prevent and treat cholera along the border. It is working with the public and medical communities to help them avoid cholera, and it is instructing medical and laboratory workers on how to identify and treat it. • For the past several years the U.S. Agency for International Development (AID) has funded environmental projects in Mexico, and several of those projects are directly related to the border environment. For example, in 1991 AID provided a grant to The Nature Conservancy to assist Mexican government agencies in the management and protection of national parks in Mexico, including along the Mexican-U.S. border. A grant to the World Wildlife Fund is being used to develop and implement pilot buffer zone management projects in Mexico, and one of those projects will include baseline ecological studies, master planning, institution building, and managment practices in a forested wildland along the Mexican-U.S. border. • At a joint conference held in Ciudad Juarez/El Paso in October 1991, the Mexican Secretaria de Educacion Publica (SEP) and the U.S. Department of Education agreed to expand the cooperative educational efforts that they have carried out since 1990 under a Memorandum of Understanding (MOU) on environmental education. The two agencies agreed on a series of cooperative efforts, to be undertaken in 1992 and 1993, that would improve lower and higher education throughout the two nations, but especially in the border area. In particular, the two agencies agreed to examine possible joint efforts in the area of environmental education. • Agricultural chemicals may pose risks to farm workers and, because of drift and runoff, to the general public and local ecosystems. The Mexican and U.S. governments are developing cooperative approaches to pesticide-related problems in the border area, and they are collaborating on the development of control mechanisms. In order to regulate pesticides and other toxic chemicals in Mexico, the Mexican government has created CICOPLAFEST, an intergovernmental commission comprised of SEDUE and several other Mexican agencies. This commission brings together in one place the various laws and agencies responsible for all aspects of pesticide regulation in Mexico. • To facilitate the cross-border flow of commerce and reduce the environmental effects of border traffic delay, the Mexican and U.S. governments have initiated a coordinated border area construction program. On the Mexican side, SEDUE is working with the Secretaria de Comunicacion y Transportes (SCT) to construct 12 additional crossings along the Mexican-U.S. border. On the U.S. side, the General Services Administration (GSA) is managing a $350 million project to modernize and expand existing border stations, and build new stations. By the end of 1991, about half the planned U.S. projects had been completed, and the rest are expected to be completed by the end of 1994. 19 ------- The Mexican-US. Border Plan First Stage 1992-1994 Goal and Objectives of the Plan The goal of this bilateral environmental plan is to provide for the long-term protection of human health and natural ecosystems along the border between Mexico and the United States. To attain this goal, the Mexican and U.S. governments are committed to meeting four specific objectives: • Strengthening enforcement of existing laws; • Reducing pollution through new initiatives; • Increasing cooperative planning, training, and education; and • Improving understanding of the border environment. As these objectives are met, they will lead to measurable improvements in environmental quality in the border area. At the same time, Mexico and the United States will use their improved understanding of the border environment to refine and strengthen their cooperative efforts during the second stage of this plan (1995-2000). 20 ------- Strengthening Enforcement of Existing Laws Both Mexico and the United States have enacted comprehensive federal laws intended to protect the environment on their respective sides of the border. SEDUE and EPA have the responsibility to implement and enforce their respective government's environmental laws, and both of them share that responsibility with state and local governments. In the United States, other federal agencies such as the Department of Justice, the Customs Service, and the Department of the Interior's Fish and Wildlife Service also play key roles in enforcing environmental law. As a part of this plan, SEDUE is taking several actions to improve compliance with Mexico's environmental laws by facilities on the Mexican side of the border. Beginning in January 1992, the number of environmental inspectors working in the Mexican border communities will be increased from 100 to 200. Taken together with the provision for 50 new border environmental inspectors in 1990, this new increase will result in a quadrupling of Mexican environmental inspectors along Mexico's northern border since 1989. To help make these new inspectors more effective, SEDUE's 1992 operational budget for the border area will increase about 450 percent to $6.3 million. All SEDUE work stations along the border will be equipped with computers and data banks to facilitate information- sharing both among work stations and also across the border with their U.S. counterparts. While SEDUE and EPA work unilaterally to improve enforcement of their own national laws, bilateral activities that strengthen each country's environmental enforcement will be expanded substantially under this border plan. In particular, the two agencies will work together by (1) forming a new binational workgroup on enforcement, (2) building enforcement capacity, (3) sharing enforcement information, and (4) undertaking new cooperative enforcement initiatives. Cooperative Enforcement Strategy Workgroup Both SEDUE and EPA are convinced that their separate efforts to assure compliance with their respective environmental laws can be enhanced by formal, ongoing cooperation. Consequently, the two agencies, with the participation of other Mexican agencies and the U.S. Departments of Justice and State, have established a new workgroup charged with developing a strategy to enhance enforcement efforts in both countries. The Cooperative Enforcement Strategy Workgroup will meet periodically to review each agency's evolving enforcement activities and define ways those activities could reinforce each other. SEDUE and the U.S. environmental enforcement agencies will prepare an annual bilateral enforcement report describing the two governments' cooperative enforcement actions. The new workgroup will serve as a formal mechanism for shaping Mexican-U.S. cooperative enforcement efforts undertaken as part of this plan. For example, the new workgroup will coordinate new capacity building, information sharing, and cooperative enforcement initiatives. Enforcement Capacity Building As SEDUE and EPA work to support each other's enforcement efforts, it is essential for each agency to deepen its understanding of the other's legal system, regulatory approaches, and enforcement methods. Thus the two agencies will expand their existing efforts to conduct cooperative training visits to facilities on both sides of the border. During such visits, officials from one agency will participate as observers at the invitation of the other agency. Further, inspectors and other enforcement personnel working for both agencies will meet together in workshops, seminars, and field exercises. SEDUE and EPA will look for opportunities for temporary personnel exchanges in order to share experiences and develop technical skills to support enforcement. SEDUE and EPA also will exchange information on laboratory facilities and analytical techniques. 21 ------- Enforcement Information Sharing SEDUE and EPA recognize that timely information is one of the keys to effective enforcement of environmental law. Consequently, the two agencies will develop new mechanisms for sharing information on the inventory of regulated facilities in the border area and the transborder movement of pollution. In particular, over the next three years SEDUE and EPA plan to develop a coordinated and computerized system to track all shipments of hazardous wastes between the two countries. This system will track hazardous wastes from the point of generation in one country to the point of treatment or disposal in the other. Semi-annual reports showing hazardous waste generation rates at Mexican facilities shipping wastes across the border also will be entered into the system. EPA will provide information through inspections and review of U.S. manifest data. Cooperative Enforcement Actions In an effort to maximize the effectiveness of their respective enforcement efforts along the border, SEDUE and U.S. environmental enforcement agencies will conduct them in a cooperative and, when appropriate, concurrent manner. For example, among the key enforcement tools used in the border area are unannounced, high-visibility inspections at border crossings. Such inspections are used to intercept illegal shipments of hazardous waste, identify routine shippers of such waste, and discourage further illegal shipments. SEDUE and EPA also will cooperate to set enforcement targets and communicate enforcement accomplishments. Cooperative targeting will help the agencies protect geographic areas of mutual interest and concern, such as particularly sensitive ecosystems. Cooperative communications will allow the agencies to inform the regulated industry — and the public — throughout the border area of industry's record of environmental compliance. Reducing Pollution Through New Initiatives As the enforcement of existing environmental laws and regulations on both sides of the border is strengthened, pollutant loadings in all environmental media will decline. In addition, the Mexican and U.S. governments are committed to undertaking several new initiatives during the first stage of this plan to provide further protection for the border environment. Increase Wastewater Treatment During the first stage of this plan, Mexico and the United States plan to substantially increase their support for the construction and expansion of wastewater treatment facilities in the border area. Increased funding will be made available for international wastewater treatment facilities, the construction and operation of which are the responsibility of the binational IBWC, and for other facilities that are the responsibility of state and local governments. The recent expansion of the international wastewater treatment facility in Nogales/ Nogales will be completed as this border plan begins to be implemented. Then, during the first stage of this plan, the collector system in Mexico will be expanded at a cost to the Mexican government of about $1.6 million. President Bush's FY 1993 budget request includes $5 million to be used for planning and design of trunkline sewer and treatment plant improvements that will help reduce wastewater in the Nogales Wash and thus protect surface waters in Nogales, Arizona. The IBWC will continue discussions with Nogales/Nogales on the size, funding, and timing of further expansion that may be needed to handle anticipated growth in the area. Mexico and the United States are committed to completing the new international wastewater treatment system at Tijuana/San Diego by 1995. To that end, during the first stage of this plan, the construction of all primary sewage network collectors in Tijuana will be completed, and 24,000 additional Mexican residences will be hooked up to the system. Mexican investment in the Tijuana wastewater system in the coming year will total approximately $14 million. U.S. spending on the international system 22 ------- in FY 1992 totalled $49 million, and the President has requested an additional $65 million in his FY 1993 budget proposal. The state of California also will contribute $5.3 million to this project. These funds will be used to complete construction of the international wastewater treatment plant and ocean outfall. Completion of the project will reduce pollution in the Tijuana River and thus protect the National Estuarine Research Reserve and the Pacific coastline on the south side of San Diego. In addition, the President has requested $40 million in FY 1993 to complete the funding necessary to enhance treatment at San Diego's existing wastewater facility. Together with $40 million in FY 1992, these funds will be used to complete wastewater projects that will improve water quality in the San Diego area and along the Pacific coastline. Pending completion of the new international treatment plant to the south, the San Diego treatment plant will process Tijuana sewage. The expansion of the Nuevo Laredo/Laredo international wastewater treatment facility will be completed by 1994. Mexico intends to invest about $14 million in 1992 to help construct the treatment plant and pumping station. Mexico plans to begin or expand work on wastewater collection and treatment systems in several other Mexican border cities in the coming year. In Matamoros, $6 million will be spent in 1992 to expand wastewater collector systems and construct a treatment facility. In Reynosa, the wastewater treatment facility will be expanded and rehabilitated, and the collector system will be improved, at a cost of $4.4 million. In Piedras Negras, $3.6 million will be spent to construct a treatment plant and expand the collector system. About $10 million will be spent to begin construction of a high-capacity wastewater treatment plant and expanded collector system in Ciudad Juarez. Construction will begin on a new treatment plant, and the collector system will be expanded, in San Luis Rio Colorado, at a cost of $3 million. Finally, the Mexicali treatment plant will be expanded, collectors in the downtown area will be rehabilitated, and a collector system in the eastern part of the city will be constructed, at a cost to the Mexican government of $8.6 million. President Bush has requested about $10 million in FY 1993 to be used for the planning, design, and preliminary construction of Mexicali's wastewater collection and treatment improvements. Completion of this project will mitigate pollution of the New River and thereby protect California's Imperial Valley and Salton Sea. On the U.S. side of the border, the state of Texas, with support from EPA, recently established a major program to reduce water-related health risks in Texas colonias. Texas has earmarked $250 million of state funds for a low-interest loan program to fund the construction of water supply, water distribution, and wastewater treatment systems in the colonias. EPA in turn provided Texas with a $15 million grant to establish a special loan fund to be used to connect private homes to water mains and sewer systems. The EPA grant was awarded in September 1991. EPA also is planning to fund a construction program to improve wastewater treatment in colonias on the U.S. side of the border. The President's FY 1993 budget proposal includes a request for $50 million to plan, design, and construct wastewater systems in U.S. colonias. Completion of these projects will reduce wastewater pollution in surface waters and shallow ground water near the colonias and thereby reduce the health risks posed by hepatitis and other waterborne diseases. Strengthen Industrial Wastewater Pretreatment Program The discharge of untreated industrial wastewater into transboundary waters has been the cause of human health and ecological concern along the Mexican-U.S. border for many years. With the recent and planned investment of hundreds of millions of dollars in binational wastewater collection and treatment facilities, those concerns have taken on an added economic dimension, because untreated industrial wastewater can seriously degrade the ability of a wastewater treatment facility to treat sewage effectively. Mexico and the United States have recognized their mutual obligation to ensure source control and pretreatment of industrial wastewater before it is conveyed to a binational wastewater treatment facility. Under the terms of the 1944 treaty and subsequent agreements, the IBWC, in cooperation with SEDUE and EPA, coordinates the implementation of both nations' industrial wastewater control programs to ensure that neither transboundary water sources nor international 23 ------- wastewater treatment facilities are degraded by untreated industrial wastes. To fulfill this responsibility, the IBWC will work to ensure that industrial facilities that send their wastewater to a new or expanded treatment facility pretreat their effluent adequately. Industrial pretreatment will be required as a precondition for use of binational facilities. In particular, the IBWC will work with SEDUE and EPA to design source control and pretreatment programs for the Tijuana/San Diego, Nogales/Nogales, and Nuevo Laredo/Laredo areas. In order to ensure that pretreatment programs are effective, the IBWC will monitor and characterize the raw wastewater entering binational wastewater treatment facilities. The IBWC will have access to the data collected in Ciudad Juarez and Tijuana under the multimedia industrial source control initiative described in this plan. Using those data and the monitoring data collected at wastewater treatment facilities, the IBWC will be able to assess whether industrial sources are complying with Mexican and U.S. environmental law. Protect Drinking Water Supplies Primarily due to unplanned population growth in and near sister cities in the border area, hundreds of thousands of people on both sides of the border do not have access to safe drinking water supplied by a centralized system. As a result, untreated drinking water poses a human health concern in many communities along the border. During the first stage of this plan, the IBWC will use information supplied by SEDUE, EPA, and state and local authorities to develop an inventory of the sources, quality, and treatment processes for water at existing drinking water facilities in all pairs of sister cities along the border. Based on that inventory, the Mexican and U.S. governments will determine the priority needs for drinking water treatment and distribution systems on their respective sides of the border. On the U.S. side of the border, funds will be available for the construction and improvement of drinking water systems in colonias. Colonias in Texas will be able to borrow from the state's $250 million loan fund to construct drinking water systems, and $15 million in EPA funds are available as loans to fund residential hook-ups to those systems. In addition, the President's proposed FY 1993 budget includes $25 million to be used to construct drinking water systems in the U.S. colonias. Those funds would be available through the Rural Development Administration of the U.S. Department of Agriculture. Initiate Multimedia Industrial Source Controls During the first stage of this plan, SEDUE and EPA will initiate an innovative program to control toxic releases from large industrial facilities in Ciudad Juarez and Tijuana. More than half the maquiladoras along the border are located in those two cities. This effort not only will reduce pollutant loadings to the air, water, and land in those two cities, but it will provide information useful for expanding the program into other border cities during the second stage of this plan. Beginning in 1992, SEDUE will work with EPA to identify the largest potential emitters of toxic pollutants in the Ciudad Juarez and Tijuana areas. Those facilities will be asked to submit data on their estimated releases of toxic pollutants into all environmental media. It then will be possible to target enforcement actions and voluntary pollution prevention programs on the facilities posing the greatest public health risks. Besides the near-term environmental benefits, this multimedia industrial source control initiative will allow SEDUE and EPA to estimate the total amounts of toxic pollutants being emitted in Ciudad Juarez/El Paso and Tijuana/San Diego, the two most industrialized areas along the Mexican-U.S. border. The two agencies will combine the information gathered during this initiative with similar information on U.S. facilities now contained in the U.S. Toxics Release Inventory database. This information will be available to the public by the end of the first stage of this plan, and it will be the first step toward the long-term goal of a comprehensive toxics release inventory for the entire border area. 24 ------- Improve Disposal of Solid and Hazardous Wastes During the first stage of this plan, Mexico intends to invest approximately $25 million to expand solid waste collection capacity and construct new landfills in several border cities. Many of these investments will be made as early as 1992. For example, about $2 million will be invested to purchase containers, collection vehicles, and heavy equipment for landfills in Matamoros. Investments will be made for the same purposes in Reynosa ($2 million), Nuevo Laredo ($2 million), Piedras Negras ($1.5 million), and Ciudad Juarez ($4 million). In Nogales, waste collection equipment will be purchased and landfills constructed at a cost of $1.8 million. In San Luis Rio Colorado, $1.4 million will be invested to solve municipal solid waste problems. SEDUE and EPA will improve cooperative efforts to detect illegal cross-border movement of hazardous wastes and encourage proper waste disposal. With the assistance of state environmental agencies, SEDUE and EPA will develop a centralized, binational computer system that will expedite the exchange of transportation data, such as shipping manifests. The two agencies, together with their respective customs agencies, will develop a border-wide surveillance system to detect and stop illegal hazardous waste shipments. SEDUE will work to increase Mexican public awareness of illegal hazardous waste disposal, and more fully involve the Mexican public in report- ing illegal dumping to the appropriate authorities. Set Aside Land in Mexico for Low-Income Housing On the Mexican side of the border, environmental problems in rapidly-growing urban areas are complicated by the fact that low-income housing is unplanned. Mexican families who move to Mexican border cities in search of work often build their homes in unplanned communities without regard to the need for roads, sewer lines, or drinking water systems. To address this problem, during the first phase of the plan SEDUE will invest about $43 million to set aside land to be used for the construction of low-income housing. As early as 1992, SEDUE will begin setting aside territorial reserves in Mexican border cities. For example, $2 million will be invested to acquire 150 hectares of land in Reynosa, and $4 million will be invested to acquire 300 hectares of land in Ciudad Juarez. During the first stage of this plan, SEDUE expects to set aside a total of over 3000 hectares of land to be used for projects that protect the border environment. Improve Air Quality During the first stage of this plan, Mexico intends to invest approximately $168 million to improve roads, bridges, traffic circulation, and public transportation systems, especially in heavily-travelled urban areas. These investments will help improve Mexican urban air quality, but the health benefits will be shared by the people who live and work in the U.S. cities across the border. In the coming year, Mexico will pave and improve roads in Matamoros ($5.2 million), Reynosa ($5.2), Piedras Negras ($1.2 million), Ciudad Juarez ($6 million), Nogales ($3.6 million), San Luis Rio Colorado ($1.8 million), and Mexicali ($4.7 million). Investments to improve the flow of border traffic in Tijuana will total $9 million, and transborder bridges will be constructed or expanded in Nuevo Laredo, Piedras Negras, Mexicali, and Tijuana. The border crossing in Ciudad de Colombia, Nuevo Leon, will be improved in order to relieve the congestion at Reynosa and Nuevo Laredo. In addition, Mexico will establish lines of credit for public/private transportation ventures in the border area. In the coming year, loans in excess of $3.8 million will be available to modernize transportation systems in Mexicali, and another $5 million in loans will be directed to improve public transportation in Tijuana. In three pairs of sister cities, SEDUE and EPA will work together to develop comprehensive strategies to control all major sources of air pollution. By the end of 1994, SEDUE and EPA will develop air quality control strategies for the Ciudad Juarez/El Paso, Mexicali/Calexico, and Tijuana/San Diego airsheds. These strategies, which will be tailored to the unique characteristics of the three different airsheds, will be based on air quality modeling and source data collection efforts already underway or soon to be 25 ------- initiated. Air quality control strategies will be evaluated periodically as more and better data are acquired through monitoring and modeling, and then the strategies will be revised as necessary. SEDUE and EPA, with assistance from the city of El Paso, already are cooperating to monitor air quality in the Ciudad Juarez/El Paso airshed. That program will continue during the first stage of this border plan. At the same time, SEDUE and EPA will initiate similar air quality monitoring and emissions inventory programs in the Mexicali/Calexico and Tijuana/San Diego airsheds. Primarily because of extensive agricultural activities in the Mexicali/Calexico area, the air pollutant of primary concern there is particulate matter. During the first phase of this border plan, SEDUE and EPA will monitor ambient particulate concentrations in the area, determine the sources responsible for particulate emissions, and estimate cross-border movement of air-borne particulates. In the Tijuana/San Diego airshed, the air pollutants of concern are volatile organic compounds, carbon monoxide, nitrogen dioxide, and particulates. At this time, because only one air quality monitoring station is operating in Tijuana, little is known about the relative contribution of Mexican and U.S. sources to area-wide air quality. Over the next three years the monitoring program in Tijuana will be expanded. In all three areas, SEDUE and EPA will coordinate their efforts to develop detailed air quality control strategies by the end of 1994. In developing and implementing those strategies, SEDUE and EPA will work closely with state and local agencies on both sides of the border. Promote Pollution Prevention Borderwide Pollution prevention is an innovative approach to environmental protection that promises substantial benefits in the border area. Whereas traditional efforts to protect the environment have emphasized the collection, treatment, and disposal of pollutants after they have been generated (for example, through the use of catalysts on cars), pollution prevention emphasizes the minimization of pollution before it is generated. That is, if production systems are redesigned to use less input material and less energy, wastes can be minimized. As a result, less pollution needs to be treated in traditional ways. There are a number of benefits that make pollution prevention especially attractive in the border area. It is a relatively inexpensive way to protect the environment; the costs involved in preventing pollution often are dramatically lower than the costs of treatment and disposal. Because privately-owned businesses have an incentive to look for the least expensive ways of minimizing waste, they often are willing to apply their own technical expertise in voluntary programs, thus reducing the need for government expenditures.Moreover, pollution prevention efforts lessen the possibility of hazardous spills or accidents, either within or outside a facility's boundaries, because less hazardous material needs to be handled, transported, and disposed. EPA recently initiated several projects to prevent pollution in the United States. In February 1991, for example, EPA announced its Industrial 33/50 Project, though which it is encouraging U.S. industry to reduce emissions of 17 hazardous substances by 33 percent by the end of 1992, and by 50 percent by the end of 1995. By the end of 1991, over 700 U.S. companies had committed to reducing their emissions of the 17 target chemicals by almost 300 million pounds per year by 1995. New Pollution Prevention Workgroup Because of the potential for pollution prevention techniques to protect the border environment, SEDUE and EPA have established a new Pollution Prevention Workgroup under the 1983 Border Environmental Agreement. This workgroup will coordinate efforts by SEDUE and EPA to define and implement pollution prevention projects in the border area. 26 ------- Border Area Pollution Prevention Initiatives As a first step, the new Pollution Prevention Workgroup will build on EPA's 33/50 Project in the border area. A special effort will be made to encourage industrial facilities on the U.S. side of the border to enlist in the project, and the U.S. owners of facilities on the Mexican side of the border will be encouraged to apply their pollution prevention activities in Mexico as well as the United States. The workgroup also will investigate the potential of pollution prevention projects tailored to the unique circumstances of the border area. If industrial pollutants of particular concern in the border area can be identified, the two agencies will encourage facilities on their respective sides of the border to voluntarily reduce their emissions of such pollutants by a specified amount and by a specified time. During the first phase of this plan, the workgroup also intends to assess the potential effectiveness of other kinds of pollution prevention initiatives. Pollution prevention projects affecting municipal wastewater treatment, water use efficiency, and agricultural chemical use may be especially beneficial in the border area. Based on its assessments, the workgroup will recommend to the two agencies additional pollution prevention projects to be implemented in the border area. Technical Assistance for Pollution Prevention To maximize the effectiveness of their joint pollution prevention program, SEDUE and EPA will work together to provide a technical assistance program to participating businesses. The technical assistance will consist of training, information, university-based technical resource centers, and demonstration projects. Under this technical assistance program, industry employees will be trained to conduct internal environmental audits and assessments in their facilities. They will be assisted in identifying alternative production processes, technologies, and materials that minimize wastes. The information element of the technical assistance program will consist of a direct hook-up to the International Cleaner Production Information Clearinghouse operated jointly by EPA and the United Nations Environment Program. This computer-based network will supply businesses in the border area with access to international technology information, case studies, and technical guidance data bases. EPA also will explore ways to support several university-based pollution prevention research and education centers in the border area. These centers will conduct research on pollution prevention techniques especially appropriate for the particular industries located in the border area, and they will help local businesses gain access to and apply the information contained in international data bases. Finally, EPA will work with SEDUE and border-area universities to develop model pollution prevention and recycling demonstration projects for local communities. These model projects will engage local businesses, schools, and communications media in a coordinated, cross-media strategy to prevent specific kinds of pollution in specific communities. The results of these demonstration projects will be shared with other communities in the border area so they can be replicated wherever appropriate. 27 ------- Increasing Cooperative Planning, Training, and Education During the first stage of this plan, SEDUE and EPA intend to expand substantially the joint planning, training, and education programs that the two agencies have undertaken since 1983. These new programs will be targeted at emergency preparedness and response personnel, government officials, the private sector, and the general public. Emergency Preparedness and Response Personnel Because of widespread public concern about the possibility of spills or accidents involving hazardous substances in densely-populated, extensively-traveled areas along the border, SEDUE and EPA intend to expand planning, training, and eduation efforts related to chemical accidents and emergencies. These efforts will include contingency planning in local communities, the provision of information and data related to hazardous chemicals, and support for local action groups. During the first stage of this plan, contingency plans already being developed in Matamoros/Brownsville, Mexicali/Calexico, and Tijuana/San Diego will be improved and further tested. For the other 11 pairs of sister cities, a detailed schedule will be drawn up for the development of contingency plans in each city, and those plans will be completed within three years. Working through the bilateral Joint Response Team, SEDUE and EPA also will work to improve the information and data that are needed to help border communities prepare for and respond to chemical emergencies. Data on the kinds, quantities, and locations of hazardous chemicals used in border-area facilities will be collected, and those data will be made available to government officials, non-government organizations, and the general public on both sides of the border. The United Nations Environment Program (UNEP) has developed a program that serves as an international guide for contingency plans, response preparation, and public information. This program, Awareness and Preparedness for Emergencies at the Local Level (APELL), will be used to guide the development of contingency plans and public information in the border area. 28 To improve local emergency response capabilities, SEDUE and EPA will encourage and support local action groups that help to coordinate transborder planning, prevention, and response activities in the sister cities. These broad-based groups, such as local emergency planning committees, will include local public officials, representatives from business and industry, and non-government organizations. SEDUE and EPA will encourage extensive private sector involvement in these local planning efforts. Industrial facilities will be asked to make information on chemical use and storage locations available to local response officials, and provide equipment that would be available to the community in the event of a chemical emergency. One of the main purposes of the local action groups is to ensure that cities are alerted in case of a spill or accident across the border. An incident involving acute toxic effects will be reported immediately to state and federal officials in both countries. Because fire equipment, other emergency vehicles, and technical personnel sometimes are needed from the city across the border, SEDUE and EPA will work with state governments, local action groups, and customs officials from both countries to remove legal, political, and liability impediments to the rapid movement of emergency vehicles and personnel across the border. The Mexican government is establishing an environmental contingency loan fund to expedite the response to chemical accidents or emergencies. Approximately $4 million will be available to Mexican state and local officials who have the responsibility to respond to and clean up hazardous materials that are spilled accidentally. Because these funds will allow the Mexican government to respond more quickly, potential risks to people living on both sides of the border will be reduced. The bilateral Joint Response Team will develop a data base that catalogues and describes all hazardous spills and accidents in the border area. This data base will be available to the public on both sides of the border. ------- Government Officials As discussed above, SEDUE and EPA will expand ongoing cooperation in the training of environmental enforcement personnel. The two agencies also will continue and expand ongoing efforts to train U.S. and Mexican customs officials to identify and track shipments of hazardous materials and wastes, determine whether or not those shipments comply with applicable regulations, and handle the shipments safely. In the interests of public safety, SEDUE and EPA will work with their respective customs agencies to improve the safety and rapid movement of hazardous materials and wastes through border ports. In addition, SEDUE and EPA will work with the transportation agencies in both countries to assess their regulations regarding transboundary movements of hazardous materials and wastes, and to make recommendations for ways to make such transport safer. The Private Sector Several educational programs targeted at the private sector will be initiated during the first stage of this border plan. For example, to improve the handling and disposal of wastes throughout the border area, SEDUE and EPA will initiate a training and education program for commercial and industrial sources of waste. This program will be carried out in cooperation with the New Mexico-based Waste Management Education and Research Consortium and the U.S. Department of Energy. The two agencies will continue to publish in a joint, bilingual form their regulatory requirements for the proper handling and disposal of hazardous wastes. This document will be made available to all handlers of hazardous substances and generators of hazardous wastes on both sides of the border. All such materials will be publicized throughout the border area to ensure the widest possible distribution within the regulated community. The Public SEDUE and EPA believe that the widespread involvement of the general public is essential to the success of this border plan. Consequently, they will work with local public and private institutions, and with the private sector, to improve public understanding of the border environment and the role the public can play in protecting it. For example, the two agencies intend to develop bilingual environmental education materials that will be distributed to local schools. They will encourage the international exchange of teachers and other educational professionals who work in the border area. Further, the two agencies will work with local school systems to design educational projects that foster international cooperation in addressing border environmental issues. EPA's participation in this educational effort will be shaped by the National Environmental Education Act, which was signed into law on November 16, 1990. That law calls on EPA to join with Mexico and Canada in the development of environmental education initiatives. The law also establishes a National Education and Training Foundation with the explicit goal of fostering international cooperation in the area of environmental education. During the first stage of this plan, EPA intends to implement the National Environmental Education Act with a special focus on the Mexican-U.S. border area. In addition, SEDUE and EPA will develop public service messages to be distributed to newspapers and radio and television stations in the border area. These bilingual messages will encourage actions, like water conservation, waste minimization, and basic home sanitation, that individuals and families can take to help protect the border environment. Through such public service messages SEDUE and EPA will publicize not only the importance of broad public participation in environmental protection, but also the active cooperation of the two nations through their respective environmental agencies. 29 ------- Improving Understanding of the Border Environment One of the major objectives of this first stage of the border plan is to improve Mexican-U.S. understanding of environmental conditions in the border area. Thus this plan includes several activities that will generate information on the current quality of environmental resources, like airsheds and ground water, and on the amount, concentrations, and sources of pollution in the border area. The information collected during the first stage of this plan will help define Mexican-U.S. activities during the second stage (1995-2000). Waste-Related Studies Besides quantifying the sources and destinations of hazardous wastes, SEDUE and EPA will collect information on the sites now being used for treatment and/or disposal. The two agencies will inventory the sites on both sides of the border that are currently accepting hazardous wastes generated in the border area. This information will be used to assess hazardous waste treatment and disposal capacity needs in the border area, and determine how those needs can be met legally. SEDUE and EPA also will begin to collect information on the sites that have been used in the past to dispose of hazardous wastes illegally, and that still may be in use today. To that end, EPA will explore ways of using existing U.S. technology, including air surveillance technology, to help identify illegal hazardous waste disposal sites on the Mexican side of the border. During the first stage of this plan, SEDUE and EPA also will assess environmental problems associated with muncipal solid waste disposal in the border area. By 1994 the two agencies will determine the number, locations, and types of facilities needed for disposal of solid wastes in light of projected future economic and population growth. Ground Water and Surface Water Monitoring Programs Over the past several years communities on both sides of the Mexican-U.S. border have expressed concerns about the possible contamination of transboundary water resources supplying drinking water to those communities. However, little is understood about the extent of such deterioration, because comprehensive water quality monitoring has not been conducted in the border area. Therefore, during the first stage of this border plan, SEDUE and EPA will work with the IBWC to identify transboundary ground water aquifers and determine the extent to which those aquifers are contaminated or threatened with contamination. The three agencies will cooperate to compile an inventory of shared ground water resources and an estimate of current and projected demands on such ground water. A monitoring program will be established to determine the current quality of transboundary ground water, and to collect information on possible sources of contamination. This ground water monitoring network will build on monitoring efforts already underway in both countries. Through the regular exchange of ground water data, SEDUE and EPA will be able to characterize trends in transboundary ground water quality. Such trend information will help both agencies identify sources of contamination and, if necessary, develop ground water pollution control strategies. In addition, SEDUE, EPA, the IBWC, and the Texas Water Commission will cooperate to expand the current surface water quality monitoring network on the Rio Grande along the Texas border from El Paso to Brownsville. The network will be expanded to monitor all water pollutants listed in EPA's drinking water standards and SEDUE's water quality criteria. The monitoring program for the Rio Grande will help the IBWC assess pretreatment measures needed for industrial effluent and identify possible sources of water pollution. Pesticide Information Exchange SEDUE and EPA will exchange information on the health and ecological risks posed by pesticide use in the border area. They also will develop cooperative programs to help train farmers, applicators, and dealers in the proper use and disposal of agricultural chemicals.EPA will continue to assist SEDUE in the analysis of chemical products and residues, the training of chemists, and the management of 30 ------- joint quality assurance programs. Mexico imports many of its pesticides from the United States, and some of those pesticides may be used in ways that are not allowed in the United States. To help control exports posing potential health risks, the Bush Administration favors legislation that prohibits the export of pesticides banned in the United States for human health reasons, and that places strict conditions on the export of other unregistered pesticides. Comparative Risk Assessment At the end of 1994, SEDUE and EPA will review progress made during the first stage of this plan. The two agencies will assess the environmental data collected, and, in cooperation with state and local officials on both sides of the border, they will compare the environmental risks that remain in the border area. On the basis of that comparative risk assessment, they will set priorities for further cooperative actions during the second stage (1995-2000) of this plan. The general public, the private sector, and non-government organizations will be invited to participate in this review and redirection of ongoing Mexican-U.S. efforts to protect the border environment. Periodic Reports on Border Environmental Quality SEDUE and EPA are committed to sharing with border communities the most recent information on environmental quality in the border area. Communities need, and have a right to know, that information, because it is the basis for informed judgments on the success of environmental protection efforts, and on the direction of future efforts. Consequently, SEDUE and EPA will aggregate border environmental data that will be collected as a part of this plan, or that already are being collected by different agencies of the two governments. These data will be published periodically and distributed widely in the border area. Public Participation Both SEDUE and EPA recognize that the people who live and work along the Mexican-U.S. border must play an essential role in binational plans and activities to protect the border environment. Both agencies will take several steps to ensure that public participation is incorporated into the ongoing review of actions undertaken during the first stage of this plan (1992-1994), and in the planning for the next stage (1995-2000). At the national level, Mexico and the United States will institutionalize public participation in this plan in somewhat different ways. But in both cases public participation will be an integral part of the planning and implementation of bilateral efforts to protect the border environment. In Mexico, the public now participates in environmental policy through municipal Ecological Committees, which are made up of representatives from unions, non-government institutions, professional and trade associations, and the media. In the United States, EPA will establish a formal Border Plan Public Advisory Committee to provide public input into the plan. Although these groups will have formal responsibility for advising their respective government agencies, SEDUE and EPA will encourage them to meet together periodically, freely exchange ideas, and fashion collaborative recommendations to both SEDUE and EPA. State and local governments will be invited to provide their advice and expertise to this border plan through participation in the various binational workgroups established under the 1983 border agreement. This working-level involvement will help mesh the technical expertise and economic resources of federal, state, and local governments. Direct participation by state and local governments is especially important on the U.S. side of the border, since those governments play an important role in implementing U.S. environmental law. At the local level, shared environmental concerns are already the subject of considerable transborder interaction. Mayors, industry groups, and community organizations in many sister cities meet 31 ------- regularly with their counterparts across the border to discuss mutual responses to areawide environmental problems, and to identify initiatives that may require the involvement of their respective federal governments. SEDUE and EPA will encourage this kind of cross-border interaction, and both agencies will invite local participation when they address local environmental issues. During the implementation of this plan, SEDUE and EPA also will consult regularly with other government agencies, trade associations, and non-government organizations that have responsibilities for protecting public health and ecological resources in the border area. In particular, the two agencies will solicit the advice and recommendations of the Pan American Health Organization (PAHO) as to the priorities and schedule for this plan. Funding During the first year of this plan, SEDUE and EPA are planning to invest about $326 million to protect environmental quality in the border area. These funds include almost $290 million in construction projects to improve or expand wastewater treatment, waste disposal, and transportation systems. On October 23, 1991, SEDUE announced that it would spend at least $460 million to help protect border environmental quality during the first phase of this plan. These funds will be dedicated to sewer systems and wastewater treatment facilities ($220 million), solid waste collection and disposal ($25 million), transportation and road improvements ($168 million), land acquisition ($43 million), and contingency funds ($4 million). During the first year of this plan, SEDUE intends to spend approximately $147 million on a variety of environmental projects, primarily in nine Mexican border cities. (Figure 4 shows SEDUE funding by activity, and Figure 5 shows SEDUE funding by city.) In President Bush's FY 1993 budget for EPA, $170 million has been requested for wastewater treatment construction projects in the border area. In the proposed FY 1993 budget for the Department of State, $4.5 million has been included for the IBWC as additional funding for the Tijuana/San Diego and Nuevo Laredo/Laredo international wastewater treatment facilities. Another $25 million has been requested in the FY 1993 budget for the U.S. Department of Agriculture to be used for drinking water projects in the U.S. colonias. All told, the President's FY 1993 budget proposes to spend $199.5 million on wastewater treatment and drinking water systems in the border area. (See Figure 6.) EPA's proposed FY 1993 budget also includes $2.7 million in personnel costs and $6.6 million in contractor costs to be used for air quality monitoring, technical assistance, emergency planning and response, environmental education, and other activities in the border area. (See Table 4.) Thus EPA's proposed FY 1993 budget for the border area totals more than $179 million. The President also has proposed FY 1993 funding for border area environmental projects to be carried out by other agencies. The FY 1993 budget request for the Department of State includes $30 million to be used by the IBWC in large part for 32 ------- water-related facilities in the border area. Two million dollars have been requested for the Department of Health and Human Services for border area public health projects. The FY 1993 budget for the U.S. Export-Import Bank includes $5.4 million for credit and loan guarantees for environmental projects in the border area. All told, the President's FY 1993 budget request includes more than $240 million for protecting the environment in the border area. The private sector also will provide some funding for the projects outlined in this border plan. One example is the planned Chamizal reclamation project in Ciudad Juarez. Construction of this project, which is the first part of a $70 million wastewater treatment system for Ciudad Juarez, is scheduled to begin in early 1992. Although most of the funding will be provided by the Mexican government, the state of Chihuahua, and the city of Ciudad Juarez, the local maquiladora industry association has proposed to assume 30 percent of total project costs. Figure 4 SEDUE Funding by Activity (First Year) Sewers and Wastewater Treatment $60 million Solid Waste ollection and Dispose $16.6 million Land Acquisition $11 million Public Transportation $19 4 million Road Improvements $40 million Total - $147 million Table 4 Proposed EPA Border Area Personnel and Contract Funding (FY 1993)(in $ thousands) Personnel Contracts Office of the Administrator Office of Water Office of Air and Radiation 213.9 731.0 336.8 100.0 2100.0 Office of Solid Waste and Emergency Response Office of International Activities TOTAL 1077.0 345.6 2200.0 2200.0 $2,704.3 $6,600.0 Figure 5 SEDUE Funding by City (First Year) San Luis Rio Colorado million Total - $147 million iles $7 million Piedras Negras million Figure 6 Proposed U.S. Border Area Wastewater Treatment and Drinking Water Construction Grants (FY 1993) Tyuana/San Diego Wastewater Treatment $65 million San Diego Wastewater Treatment $40 million Colonias Wastewater Treatment $50 million Colonias Drinking Water Systems (USDA) $25 million Total - $ 199.5 million IB WC $4 5 million Nogales/Nogales Wastewater Treatment $5 million Mexicali/Calexico Wastewater Treatment $10 million 33 ------- This document is an EPA summary of the information contained in the formal Integrated Environmental Plan for the Mexican-U.S. Border Area negotiated and agreed to by Mexico's Secretaria de Desarrollo Urbano y Ecologia (SEDUE) and the U.S. Environmental Protection Agency. Copies of the formal plan can be obtained by writing: The Office of International Activities (A-106) U.S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 34 ------- |