ENFORCEMENT TRENDS AND ALTERNATIVES: A STATE'S PERSPECTIVE

JurisdictionUnited States
Air Quality Challenges Facing the Natural Resources Industry in the Western United States
(Nov 2007)

CHAPTER 10B
ENFORCEMENT TRENDS AND ALTERNATIVES: A STATE'S PERSPECTIVE

Barbara U. Rodriguez-Pashkowski
Gust Rosenfeld PLC
Phoenix, Arizona

91 new positions part of plan to help cut

Valley particulate levels

Yvonne Wingett

The Arizona Republic

Sept. 13, 2007 12:00 AM

County adds air-pollution jobs

Maricopa County will hire and train 91 people by next summer, mostly dust inspectors, to help clean up the Valley's dirty air in response the federal government a order to make the air more breathable.

The new positions, all in the county's Air Quality Department, are among many measures approved this week by the Board of Supervisors to help reduce levels of coarse particulate pollution, or PM-10. Those particles can aggravate such Illnesses as asthma and bronchitis and increase the risks of normally healthy people.

Fifty-one of the new hires will be dust inspectors. They will more aggressively enforce dust-control rules, more frequently check dust levels at construction sites and vacart lots, and respond to dust-related complaints.

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ENFORCEMENT TRENDS

█ Arizona's Air Quality Enforcement Authority:

█ A.R.S. §§ 49-401 and 49-402.

█ There is a New Sheriff in Town:

█ Arizona:

█ Many years when air quality enforcement was not a priority.
█ In early 2000s, a dedicated Assistant Attorney General was assigned to Arizona's Air Quality Division:
█ For general air quality issues.
█ In 2004 a dedicated Assistant Attorney General was assigned to litigate air quality cases.

█ Growth and Development:

█ Arizona is one of the fastest growing states in the nation.

█ 2000 Census, 313 people per day move into Maricopa County.

█ While residential construction has slowed down, Arizona continues to experience considerable air quality challenges as a result of development and auto emissions.

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ENFORCEMENT DRIVERS

█ POLITICS -- A topic for another day.

█ REGULATORY ADMINISTRATORS:

█ Know your agency's agenda.

█ Is the agenda of each agency division the same?

█ ATTORNEY GENERAL:

█ What is his/her agenda?

█ FEDERAL OVERSIGHT:

█ Funding carrot.

█ Attainment issues:

█ Maricopa County -- Non-Attainment.
█ Senate Bill 1552:
█ Dust Control Measures

█ AGENCY RESOURCES:

█ Enforcement is an enormous time and money commitment.

█ Money, time, inspectors, assistant attorneys general.

[Page 10B-4]...

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