xvEPA United States Environmental Protection Agency EPA 160-K-94-001 October 1994 International Activities (2621) Environmental Protection Along The U.S.—Mexico Border Recycled/Recyclable Printed with Soy/Canola Ink on paper that contains at least 50% recycled fiber ------- Environmental Protection Along the U.S. - Mexico Border Contents Introduction 1 Historical Environmental Protection Efforts 3 Current Environmental Protection Efforts 4 Tougher Environmental Enforcement 5 Improving Environmental Quality 7 Increase Wastewater Treatment 7 Air Pollution Mitigation 7 Hazardous Waste Management 8 Emergency Planning and Response 9 Pollution Prevention 10 Promoting Environmental Justice 10 Financing Border Environmental Infrastructure Needs 11 Empowerment Through Public Participation 11 For Further Information 13 Case Study Tijuana International Wastewater Treatment Facility 14 Case Study The El Paso-Cd. Juarez Air Basin 15 ------- Environmental Protection Along the United States-Mexico Border Introduction Across the nearly 2,000 mile U.S.- Mexico border, U.S. and Mexican com- munities live side by side, sharing both the benefits of rapid economic growth as well as the environmental problems. Over the last decade, transboundary environmental problems have grown in direct proportion to the border region's dramatic increase in popula- tion and industrial development. To- day, there are over 9.2 million border residents, double the population in 1983. Similarly, over 1,800 maquiladora' manufacturing/assembly operations now dot the border. While economic development remains critical to the prosperity of the border region, the combined effects of urban and indus- trial growth have contributed to prob- lems such as air and water pollution, improper handling and disposal of hazardous waste and inadequate en- vironmental infrastructure, challeng- ing virtually all communities, small Maquiladora is a status under Mexican law that is conferred upon certain manufacturers in Mexico that "import" their materials from countries other than Mexico and "export" products and waste to countries other than Mexico. Maquiladoras receive preferential tax treatment. Tijuana-San Die$o near the San Ysidro port of entry. ------- {J United States \X Environmental Protection Agency and large, along the U.S.-Mexico bor- der. Binational cooperation and ac- tion are needed to address the unique transboundary environmental prob- lems of the border area. President Clin- ton addressed this when he sought and won passage of the North American Free Trade Agreement (NAFTA), by To ensure that border environmental concerns would be addressed under NAFTA, the governments established the North American Commission on Environmental Cooperation requiring additional supplemental agreements to properly address transboundary environmental prob- lems along the border. To ensure that border environ- mental concerns would be addressed under NAFTA, the U.S., Mexican, and Canadian governments estab- lished the North American Commis- sion on Environmental Cooperation (CEC), which is headquartered in Montreal, Canada. Among the CEC's priority objectives are to improve na- tional enforcement of each country's laws relating to environmental pro- tection and to uphold the environ- mental provisions set forth under NAFTA. In an effort to address the long-neglected environmental infra- structure needs of the border region, the U.S. and Mexico also established the Border Environmental Coopera- tion Commission (BECC) and the North American Development Bank (NADBank). These two new bilateral institutions will work with local com- munities to arrange financing for vi- tally needed environmental public works projects. During 1995, a review of ongo- ing environmental initiatives will be undertaken with the Mexican Gov- ernment and plans will be developed to formulate a new plan, covering the period 1995-2000, building on achievements and lessons learned from the 1992 Integrated Border Envi- ronmental Plan, First Stage (IBEP). Recognizing the role of other U.S. and Mexican Federal agencies in ad- dressing border environmental and health issues, the EPA will work with the U.S. Department of Health and Human Services, the U.S. Depart- ment of Interior, the National Oce- anic and Atmospheric Administra- tion, and the U.S. Agency for Inter- national Development. Together with the CEC, BECC, NADBank, state and local govern- ments, and Mexico's environmental authorities, the U.S. Environmental Protection Agency will work to im- ------- Environmental Protection Along the United States-Mexico Border prove the environmental quality of the U.S.-Mexico border region based upon expanded public participation and an increased commitment of human and financial resources to the border region. Historical Environmental Protection Efforts 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 al- most one hundred years. During the 19th century, the Rio Grande and Colorado River periodi- cally changed course, causing uncer- tainty in both countries as to the pre- cise location of the border. In response, the two countries signed a convention in 1889 creating the International Boundary Commission (IBC), consist- ing of a Mexican and a U.S. Section, to resolve boundary location issues re- lated to movements of the Rio Gi ande and Colorado River. In 1944 the two countries agreed by treaty to create a new International Boundary and Water Commission (IBWC), to assume primary responsi- bility for border water sanitation projects agreed to by both countries. Consequently, in addition to its other duties, the IBWC is involved in the planning, construction, operation, and maintenance of several wastewater treatment plants. In 1983 joint Mexican-U.S. envi- ronmental activities in the border area were formalized with the signing of a comprehensive U.S.-Mexico Border Environmental Agreement known as the "La Paz Agreement". This agree- ment defined the border area as a 100- kilometer wide zone on either side of the political boundary, and it estab- lished a general framework in which both countries agreed to prevent, re- duce, and eliminate sources of air, water, and land pollution. Under the La Paz framework, six work groups in the areas of enforcement, water, haz- ardous waste, air, emergency response and planning, and pollution preven- tion have been established. Based on the commitments set forth under the La Paz Agreement, the EPA and SEDUE (now known as SEDESOL—the Secretariat for Social Development), Mexico's environmen- tal agency, released the Integrated Bor- der Environmental Plan, First Stage (1992-1994) (IBEP) in February 1992. The aim of the IBFP was to strengthen cooperation bet jn the United States and Mexico in improving the environ- ment of the border area. The key ob- jectives of this first stage plan were to: strengthen enforcement of existing laws; reduce pollution through new initiatives; increase cooperative plan- ning, training and education; and im- prove the understanding of the border environment. ------- Q United States XX Environmental Protection Agency Current Environmental Protection Efforts Bilateral programs have responded to the changing environmental condi- tions along the U.S.-Mexico border. For example, as the prospect of NAFTA and its passage brought anticipations of economic growth in the border area, there has been an ,urgent need to re- spond to priority environmental con- cerns not being adequately addressed. Accordingly, the Clinton Administra- tion has expanded the scope of EPA's work along the border to include ini- tiatives aimed at: • tougher environmental enforcement; improving environmental quality; 1 promoting environmental justice among the border region's disadvantaged minorities; 1 financing the border's environmental infrastructure deficiencies; and 1 empowering border community groups to improve their environment through increased public participation. Construction of the Nuevo Laredo Wasteuiater Treatment Facility. ------- Environmental Protection Along the United States-Mexico Border 5 - Tougher Environmental Enforcement The U.S. and Mexico are working to- gether to ensure compliance with en- vironmental laws on both sides of the border. The two countries' environ- mental agencies are increasing their own enforcement capacity, pursuing violators, and investigating cases in- volving transboundary pollution along the U.S.-Mexico border. The two countries are collaborat- ing to increase environmental enforce- ment capacity in Mexico through train- ing of over 370 Mexican inspectors and cooperating in the development of in- house training capacity for Mexican inspectors. From its creation in 1992 through March 1994, Mexico's SEDESOL has conducted over 19,000 inspections, almost 3,500 of them in border states, including over 2,000 at maquiladora facilities. During this pe- riod, SEDESOL closed or partially closed 232 border area facilities (in- cluding 208 maquiladoras) for environ- mental violations. The growing enforcement net- work has resulted in enhanced coop- eration among the U.S. local, state, and federal agencies that are involved with enforcing environmental laws. For ex- ------- Q United States XX Environmental Protection Agency ample, a Task Force in San Diego County, California made up of state and local environmental groups, pub- lic health and law enforcement offi- cials, the U.S. Customs Service, FBI, and EPA, has been working to detect environmental violations. The Task Force activities have encouraged in- creased cooperation among the U.S. and Mexican Customs Services in de- tecting illegal waste shipments, which has lead to criminal prosecutions. EPA is providing grants to state environmental enforcement agencies to support their efforts to identify en- vironmental violations in the border area. Texas launched a comprehensive border enforcement program, which coordinates field training and surveil- lance activity for illegal waste ship- ments with the U.S. Customs Service to identify violations in the border area. New Mexico is developing a full- time inspector program to focus on enforcement of air, water, and hazard- ous waste laws in the border area. EPA, the Department of Justice and the states of Arizona and New Mexico have signed agreements creat- ing Natural Resources Protection Co- ordinating Committees to provide communication and coordination of enforcement activities among local, state, federal, and corresponding Mexican agencies. A Strike Force, cre- ated by Texas' Attorney General and supported by EPA and the Department of Housing and Urban Development, Binational emergency response exercises at the Brownsi'ille-Matamoros port of entry. ------- Environmental Protection Along the United States-Mexico Border is utilizing innovative enforcement techniques to attack the problem of environmental degradation in Texas' colonias communities. Improving Environmental Quality As the enforcement of existing envi- ronmental laws and regulations on both sides of the border is strength- ened, the amount of pollution in the environment will decline. In addition, the Mexican and U.S. governments have undertaken a number of new ini- tiatives in collaboration with state and local governments to provide further environmental protection for the bor- der environment. The following are recent initia- tives related to water, air, hazardous waste, emergency response, and pol- lution prevention. Increase Wastewater Treatment Wastewater treatment activities are a central component of bilateral coop- erative efforts in the border area. Cur- rently, work is underway to construct the Tijuana International Wastewater Treatment Facility. When complete, this $383 million project will reduce pollution of the Tijuana River and thus protect the National Estuarine Re- search Reserve and the Pacific coast- line south of San Diego. Unsafe drinking water supplies remains the single biggest public health concern for disadvantages communities on both sides of the U.S.-Mexico border. This fall, work will also be com- pleted on the $50 million wastewater treatment plant serving the sister city communities of Nuevo Laredo/ Laredo. Planning has also begun for the expansion of the international wastewater facility in Nogales, Ari- zona and a facility to treat wastewater in the Imperial Valley/Mexicali border region. Air Pollution Mitigation To improve air quality in the border region, emissions inventories and monitoring networks are being devel- oped for priority binational air basins, ------- £ United States \f Environmental Protection Agency including San Diego/Tijuana, Imperial Valley/Mexicali, El Paso/Ciudad Juarez, and Ambos Nogales to deter- mine ambient air pollution concentra- tions, apportion sources and their rela- tive impacts, recommend cost effective control strategies, and measure progress/compliance. Baseline air quality data are being gathered in cur- rently unmonitored areas. In addition, major non-urban sources of air pollu- tion will be addressed through a modi- fied source review process for all sources that may impact the other country and through specialized ad hoc agreements. Under NAFTA, the BECC and NADBank have been established to facilitate the financing of wastewater treatment facilities in the border region. Hazardous Waste Management With the passage of NAFTA, a num- ber of changes are expected during the coming years in the movement and generation of hazardous waste in the border region. In particular, the current Mexican statutory requirement that all wastes generated by maquiladoras be returned to the U.S. may be phased out. Additionally, new hazardous waste disposal facilities are expected to open in Mexico. While the border area will continue to become more in- dustrialized though the end of the de- cade, its relative importance as an in- dustrial zone will likely diminish as Mexico's interior becomes more devel- oped. The border, however, will con- tinue to be important as a transit zone. Increased traffic of hazardous waste and enforcement under NAFTA will likely lead to increased repatriation of illegally exported waste and hence the need to establish EPA legal authorities with respect to repatriation. EPA and SEDESOL have devel- oped HAZTRAKS, a binational data- base that records information on waste that is imported and exported from both countries and compiles it to show the total volume and different types of waste crossing the US/Mexican bor- der. The system aims to track transboundary movements of hazard- ous wastes on a "cradle to grave" ba- sis. Together EPA and SEDESOL have strengthened the consultative process for siting new waste facilities ------- Environmental Protection Along the United States-Mexico Border in the border area. EPA continues to provide technical assistance to SEDESOL to improve Mexican capac- ity to identify inactive and abandoned waste sites, as well as to improve per- mitting and the operation of waste fa- cilities. In addition, EPA is working to assist SEDESOL in closing the Nogales landfill and opening a new solid waste disposal facility. Emergency Planning and Response Because of widespread concern about the possibility of spills or ac- cidents involving hazardous sub- stances in densely-populated, exten- sively-traveled areas along the bor- der, EPA and SEDESOL have been working to expand planning, train- ing, and education efforts related to chemical accidents and emergencies. During the last two years, the U.S. and Mexico have dramatically en- hanced the emergency response ca- pabilities of border area communi- ties through a series of contingency plan exercises and training programs for local officials. To further enhance' these con- tingency planning and response ef- forts, EPA has also recently teamed with the International City/County Children playing near boundary of the U.S.-Mexico border. ------- 10 United States Environmental Protection Agency Management Association (ICMA) to launch a "Sister Cities Initiative." This initiative seeks to help sister city pairs share innovative techniques to reduce the risk of chemical accidents. EPA has also completed sister-city profiles that describe the location of hazardous waste materials at facili- ties and the transport of these mate- rials along the border. Pollution Prevention Pollution prevention is an innova- tive approach to environmental pro- tection that promises substantial benefits in the border area. It is a relatively inexpensive way to protect the environment since the costs in- volved in preventing pollution often are dramatically lower than the costs of treatment and disposal. Because privately-owned businesses have an economic incentive to develop ways of minimizing waste, they are often willing to apply their own technical expertise in voluntary programs, thus reducing the need for govern- ment regulation. Furthermore, pollution preven- tion efforts lessen the possibility of hazardous spills or accidents occur- ring either within or outside a facility's boundaries because less > hazardous material needs to be handled, transported, and disposed. In promoting pollution prevention in the border region, EPA and SEDESOL are undertaking a variety of initiatives including: the develop- ment of pollution prevention manu- als for specific industries, including metal and wood finishing, and the support of pollution prevention pro- grams to be developed by a consor- tium of border area universities. Among those border residents targeted for assistance by EPA are those living in colonias, unincorporated communities without adequate drinking water or sewage hook-ups. Promoting Environmental Justice Border communities are among the poorest in the U.S. More than 20 per- cent of the population lives below the poverty level, as compared to 12 percent for the rest of the United States. As such, border residents are more often subjected to poor envi- ronmental and public health condi- tions. President Clinton signed Ex- ecutive Order No. 12898, Federal ------- Environmental Protection Along the United States-Mexico Border 11 Actions to Address Environmental Justice in Minority Populations and Low-income Populations, on Febru- ary 11, 1994. One provision of the Order is that all covered federal agencies begin an inter-agency re- view of federal, state, and local regu- lations and enforcement that affect communities of color and low in- come, such as those found on the border. The objective is to formulate an aggressive investigation of the in- equalities in exposure to environ- mental hazards and to develop effec- tive programs to address these in- equalities. Among those border residents targeted for assistance by EPA are those living in colonias, unincorpo- rated communities without adequate drinking water or sewage hook-ups. Located mostly along the border re- gion of Texas and New Mexico, there are currently over 300,000 U.S. resi- dents living in colonias. Most colonias residents live without clean running water or working toilets in their homes and are, hence, suscep- tible to water-borne diseases such as hepatitis A and Shigella dysentery. According to a University of Texas study, 85-90 percent of colonia resi- dents had been infected by H 'pati- tis A by the age of 35 years. To address the colonias prob- lem, EPA has awarded the States of Texas and New Mexico a series of loans and grants, totalling $60 mil- lion over the last few years to pro- vide environmental services. Financing Border Environmental Infrastructure Needs To address the long-neglected environ- mental infrastructure needs of the bor- der region, the U.S. and Mexico have established two new institutions: the Border Environment Cooperation Commission (BECC) to work with lo- cal communities to develop plans for better meeting their need for environ- The BECC and NADBank will work closely with EPA to develop innovative solutions to fiuai-ce priority enirir nmuntal infrastructure projects for communities along the U.S.-Mexico border. ------- 12 Q United States VX Environmental Protection Agency mental facilities (including wastewa- ter treatment plants, drinking water systems, as well as solid waste disposal facilities) and the North American De- velopment Bank (NADBank) to lever- age private sector capital to fi- nance the construction of border c-nv iron mental infrastructure projects. The BECC and the NADBank are located in Ciudad Juarez, Chihuahua and San Anto- nio, Texas respectively and will work closely with EPA to develop innovative solutions to finance pri- ority environmental infrastructure protects for communities along the U.S.-Mexico border. Empowerment Through Public Participation EPA recognizes that the people who live and work along the border must May an essential role in binational plans and activities to protect their border en\ ironment. Accordingly EPA has taken several steps to ensure that public participation is incorporated into its ongoing programmatic activi- ties in the border region. In order to promote greater public outreach EPA is establishing border program offices in San Di- ego, California and El Paso, Texas These offices will be charged with the management of bilateral pro- grams established by the U.S. and Mexico as well as coordinating these initiatives with state and local governments, industry, academia, and environmental & community groups in the border area. On-going public input on border environmental issues will also be sought by EPA through the Congres- sionally established Good Neighbor Environmental Board made up of 30 border area decision makers from lo- cal and state government, business, academia, and non-governmental or- ganizations. Though the Good Neigh- bor Environmental Board has been specifically charged with advising the President and the U.S. Congress on en- vironmental matters specific to the border, EPA and other Federal agen- cies look forward to working closely with the Board in obtaining advice that will shape future governmental initia- tives in the border area. To promote greater public partici- pation and the initiation of regional border environmental activities aimed at complimenting on-going EPA pro- grammatic activities, EPA has pro- vided grant funding to a variety of border area state and local government agencies as well as environmental non- government organizations active in the region. Details on EPA border area grant funding may be obtained by con- tacting EPA's Mexico Program. ------- Environmental Protection Along the United States-Mexico Border 13 For Further Information For more information on EPA's involvement along the U.S.-Mexico border and elsewhere in Mexico, please contact: EPA Border Programs EPA-Mexico EPA Headquarters: William Nitze Assistant Administrator Office of International Activities Attention: Mexico Team 401 M Street, SW Washington, D.C. 20460 Tel: (202) 260-4870 EPA Bonier Program Office 4150 Rio Bravo El Paso, Texas 79901 (915) 533-7273 EPA Region 6 Attention: Oscar Ramirez 1445 Ross Avenue, 12th Floor Dallas, TX 75202-2733 Tel: (214) 665-2100 EPA Region 9 Attention: John Hamill 75 Hawthorne Street San Francisco, CA 94105 Tel: (415) 744-1281 Enrique Manzanilla Environmental Attache U.S. Embassy-Mexico P.OJ3ox 3087 Laredo, Texas 78044-3087 Tel: 011-52-5-211-0042, ext. 3595 Good Neighbor Environmental Board Robert Hardaker Designated Federal Officer U.S. Environmental Protection Agency 401 M Street, S.W. Washington, D.C. 20460 Tel: (202) 260-2477 ------- 14 Q United States \X Environmental Protection Agency Case Study Tijuana International Wastewater Treatment Facility One major reason for environmental problems along the U.S.-Mexico bor- der is the rapid population growth in the border communities. Tijuana, Baja California, Mexico has grown from just 500 people 70 years ago, to a city of one million people today and houses more than 550 maquiladora manufactur- ing plants. Tijuana's population growth has overwhelmed its sewage collection and treatment systems, with frequent overflows and breakdowns. The "fugitive" sewage, as the overflow is called, flows into the Tijuana River, across the border near San Diego, and into the Pacific Ocean near popular recreation beaches. The danger to public health has forced au- thorities to close the beaches many times. Both the state of California and the city of San Diego have declared states of emergency due to the con- taminated water. Working with other federal, state and city government agencies, and with the U.S. and Mexican sections of the International Boundary and Water Commission, EPA has requested and received from Congress nearly $190 million to build an international waste- water treatment plant on the border, with more money requested to meet the U.S. share of the total cost of $383 million for the plant and its ocean out- fall. A spate of sewage overflows start- ing in late 1993 led EPA and its project partners to accelerate design and con- struction to capture the overflows and at least partially treat them by 1995. The project is scheduled for comple- tion in 1998. The Tijuana plant is being built almost entirely with government grant funds. Future border environ- mental projects, however, may be fi- nanced through an $8 billion pool of government and private-sector funds anticipated for border pollu- tion control over the next 10 years. This money, including about $2 bil- lion from the NADBank, is-far more than has ever been available for bor- der pollution control. The BECC and NADBank provide a new way for communities along the border to have greater control and input in fulfilling their pollution control needs on the U.S.-Mexico border. ------- Environmental Protection Along the United States-Mexico Border 15 Case Study The El Paso-Cd. Juarez Air Basin The U.S. and Mexico are working to complete an air quality modelling analysis for the El Paso-Ciudad Juarez-Sunland Park airshed. The analysis is to evaluate candidate air pollution control strategies for their efficacy in improving air quality. This type of air quality monitoring requires a substantiable amount of background data, which the two countries are cooperating to obtain. The participating U.S. and Mexican agencies are also developing air pol- lution control strategies through a local work group, known as the Paso del Norte Air Quality Task Force. The Task Force, which was formed in 1993, is pursuing air pollution control strategies that can be quickly and easily implemented in order to achieve rapid results. To date, three major ambient air field studies have been undertaken in Ciudad Juarez—a vehicular emissions survey and two major traffic surveys. Ambient monitoring networks throughout the airshed have also been expanded and upgraded, with four new, permanent air monitoring sta- tions established in Ciudad Juarez. With EPA grant funds, the state of Texas is planning to establish a new central El Paso air monitoring site at or near the maximum air pollution concentration location. Another state sponsored project, supported by EPA funds, is the expansion of the air emis- sions inventory efforts with Mexico in Ciudad Juarez. By late 1994, the inves- tigators hope to compile the first Ciudad Juarez vehicular emissions in- ventory. In March 1994, the U.S. Depart- ment of Energy committed funds to do technical studies of the air pollution problem in the area, which EPA antici- pates will contribute to an accelerated schedule of the El Paso-Ciudad Juarez- Sunland Park modelling analysis. EPA's Region 6 in Dallas, the Depart- ment of Energy, and the state and lo- cal governments have discussed this new endeavor and are planning their technical efforts for joint participation. ------- |