Ariz. Admin. Code § 18-8-260

Current through Register Vol. 30, No. 45, November 8, 2024

Section R18-8-260 - Hazardous Waste Management System: General

A. All Federal regulations cited in this Article are those revised as of July 1, 2020 (and no future editions), unless otherwise noted, and are applicable only as incorporated by this Article. 40 CFR 124, 260 through 266, 268, 270 and 273 or portions of these regulations, are incorporated by reference, as noted in the text. Federal statutes and regulations that are cited within 40 CFR 124, 260 through 270, and 273 that are not incorporated by reference may be used as guidance in interpreting federal regulatory language.

B. Any reference or citation to 40 CFR 124, 260 through 266, 268, 270, and 273, or portions of these regulations, appearing in the body of this Article and regulations incorporated by reference, includes any modification to the CFR section made by this Article. When federal regulatory language that has been incorporated by reference has been amended, brackets [ ] enclose the new language. The subsection labeling in this Article may or may not conform to the Secretary of State's formatting requirements, because the formatting reflects the structure of the incorporated federal regulations.

C. All of 40 CFR 260, revised as of July 1, 2020 (and no future editions), is incorporated by reference, modified by the following subsections, and on file with the Department of Environmental Quality (DEQ) with the exception of the following:

1.40 CFR 260.1(b)(4) through (6), 260.20(a), 260.21, 260.22, 260.30, 260.31, 260.32, and 260.33; and

2. The revisions for standardized permits as published at 70 FR 53419

3. Copies of 40 CFR 260 are available at https://www.eCFR.gov. Copies of the Federal Register (FR) are available at https://www.federalregister.gov/.

D. § 260.2, titled "Availability of information; confidentiality of information" is amended by the following:

1. § 260.2(a). Any information provided to [the DEQ] under [R18-8-260 through R18-8-266 and R18-8-268 shall] be made available to the public to the extent and in the manner authorized by the [Hazardous Waste Management Act (HWMA), A. R. S. § 49-921 et seq.; the Open Meeting Law, A. R. S. § 38-435 et seq.; the Public Records Statute, A. R. S. § 39-121 et seq.; the Administrative Procedure Act, A. R. S. § 41-1001 et seq.; and rules promulgated pursuant to the above-referenced statutes], as applicable.

2. § 260.2(b) is replaced with the following:

a. The DEQ shall make a record or other information, such as a document, a writing, a photograph, a drawing, sound or a magnetic recording, furnished to or obtained by the DEQ pursuant to the HWMA and regulations promulgated thereunder, available to the public to the extent authorized by the Public Records Statute, A. R. S. §§ 39-121 et seq.; the Administrative Procedure Act, A. R. S. §§ 41-1001 et seq.; and the HWMA, A. R. S. §§ 49-921 et seq. Specifically, the DEQ shall disclose the records or other information to the public unless:

i. A statutory exemption authorizes the withholding of the information; or

ii. The record or other information contains a trade secret concerning processes, operations, style of work, or apparatus of a person, or other information that the Director determines is likely to cause substantial harm to the person's competitive position.

b. Notwithstanding subsection (a):

i. The DEQ shall make records and other information available to the EPA upon request without restriction;

ii. As required by the HWMA and regulations promulgated thereunder the DEQ shall disclose the name and address of a person who applies for, or receives, a HWM facility permit;

iii. The DEQ and any other appropriate governmental agency may publish quantitative and qualitative statistics pertaining to the generation, transportation, treatment, storage, or disposal of hazardous waste; and

iv. An owner or operator may expressly agree to the publication or to the public availability of records or other information.

c. A person submitting records or other information to the DEQ may claim that the information contains a confidential trade secret or other information likely to cause substantial harm to the person's competitive position. In the absence of such claim, the DEQ shall make the information available to the public on request without further notice. No claim of confidentiality may be asserted by any person with respect to information entered on a Hazardous Waste Manifest (EPA Form 8700- 22), a Hazardous Waste Manifest Continuation Sheet (EPA Form 8700-22A), or an electronic manifest format that may be prepared and used in accordance with 40 CFR 262.20(a)(3). EPA will make any electronic manifest that is prepared and used in accordance with § 262.20(a)(3), or any paper manifest that is submitted to the system under §§ 264.71(a)(6) or 265.71(a)(6) available to the public under this section when the electronic or paper manifest is a complete and final document. Electronic manifests and paper manifests submitted to the system are considered by EPA to be complete and final documents and publicly available information after 90 days have passed since the delivery to the designated facility of the hazardous waste shipment identified in the manifest. A person making a claim of confidentiality shall assert the claim:

i. At the time the information is submitted to, or otherwise obtained by, the DEQ;

ii. By either stamping or clearly marking the words "confidential trade secret" or "confidential information" on each page of the material containing the information. The person may assert the claim only for those portions or pages that actually contain a confidential trade secret or confidential information; and

iii. During the course of a DEQ inspection, or other observation, pursuant to the administration of the HWMA Program, by clearly indicating to the inspector which specific processes, operations, styles of work, or apparatus constitute a trade secret. The inspector shall record the claim on the inspection report and the claimant shall sign the report.

d. The Director shall provide the claimant with an opportunity to submit written comments to demonstrate that the information constitutes a legitimate confidential trade secret or confidential information. The comments shall be limited to confidential use by the DEQ pursuant to A. R. S. § 49-928. Pertinent factors to be considered by the Director for making a determination of confidentiality, and that the claimant may address in the claimant's written comments, include the following:

i. Whether the information is proprietary;

ii. Whether the information has been disclosed to persons other than the employees, agents, or other representatives of the owner; and

iii. Whether public disclosure would harm the competitive position of the claimant.

e. The Director shall make a determination of each confidentiality claim using the following procedures:

i. When a claim of confidentiality is asserted for information submitted as part of a HWM facility permit application:

(1) The claimant shall submit written comments demonstrating the legitimacy of the claim of confidentiality; and

(2) The Director shall evaluate the confidentiality claim and notify the claimant of the result of that determination as part of the completeness review pursuant to R18-8-271(C).

ii. When a claim of confidentiality is asserted for information submitted or obtained during an inspection, or for any other information submitted to or obtained by the DEQ pursuant to this Article, but not as part of a HWM facility permit application:

(1) The claimant may submit written comments demonstrating the legitimacy of the claim of a confidential trade secret or other confidential information within 10 working days of asserting the confidentiality claim; and

(2) If a request for disclosure is made, the Director shall evaluate the confidentiality claim and notify the claimant of the result of that determination. In all other instances, the Director may, on the Director's own initiative, evaluate the confidentiality claim and notify the claimant of the result of that determination within 20 working days after the time for submission of comments.

iii. When any person, hereinafter referred to as the "requestor," submits a request to the DEQ for public disclosure of records or information, the DEQ shall disclose the records or information to the requestor unless the information has been determined to be confidential by the Director, or is subject to a claim of confidentiality that is being considered for determination by the Director.

(1) If a confidentiality claim is under consideration by the Director, the requestor shall be notified that the information requested is under a confidentiality claim consideration and therefore is unavailable for public disclosure pending the Director's determination pursuant to subsection (D)(2)(e)(ii)(2).

(2) When a request for disclosure is made, the claimant shall be notified, within seven working days by certified mail with return receipt requested, that the information under a claim of confidentiality has been requested and is subject to the Director's determination pursuant to subsection (D)(2)(e)(ii)(2).

(3) If the Director disagrees with the confidentiality claim, the claimant shall have 20 working days to submit written comments either agreeing or disagreeing with the Director's evaluation.

(4) If a confidentiality claim is denied by the Director, the Director may request the attorney general to seek a court order authorizing disclosure pursuant to A. R. S. § 49-928.

f. Records or information determined by the Director to be legitimate confidential trade secrets or other confidential information shall not be disclosed by the DEQ at administrative proceedings pursuant to A. R. S. § 49-923(A) unless the following procedure is observed:

i. The DEQ shall notify both the claimant and the hearing officer of its intention to disclose the information at least 30 days prior to the hearing date. The DEQ shall send with the notice a copy of the confidential information that the DEQ intends to disclose;

ii. The claimant and the DEQ shall be allowed 10 days to present to the hearing officer comments concerning the disclosure of such information;

iii. The hearing officer shall determine whether the confidential information is relevant to the subject of the administrative proceeding and shall allow disclosure upon finding that the information is relevant to the subject of the administrative proceeding;

iv. The hearing officer may set conditions for disclosure of confidential and relevant information or the making of protective arrangements and commitments as warranted; and

v. The hearing officer shall give the claimant at least five days' notice before allowing disclosure of the information in the course of the administrative proceeding.

E. § 260. 10, titled "Definitions," is amended by adding all definitions from § 270.2 to this Section, including the following changes, applicable throughout this Article unless specified otherwise:

1. ["Acute Hazardous Waste" means waste found to be fatal to humans in low doses or, in the absence of data on human toxicity, that has been shown in studies to have an oral lethal dose (LD) 50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation lethal concentration (LC) 50 toxicity (rat) of less than 2 milligrams per liter, or a dermal LD 50 toxicity (rabbit) of less than 200 milligrams per kilogram or that is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness,] and therefore are either listed in § 261.31 with the assigned hazard code of (H) or are listed in § 261.33(e).

2. ["Application" means the standard United States Environmental Protection Agency forms for applying for a permit, including any additions, revisions or modifications to the forms. Application also includes the information required pursuant to §§ 270. 14 through 270. 29 (regarding the contents of a Part B HWM facility permit application).]

3. ["Chapter" means "Article" except in § 264.52(b), see R18-8-264, and § 265.52(b), see R18-8-265.]

4. "Closure" means [, for facilities with effective hazardous waste permits, the act of securing a HWM facility pursuant to the requirements of R18-8-264. For facilities subject to interim status requirements, "closure" means the act of securing a HWM facility pursuant to the requirements of R18-8-265.]

5. ["Concentration" means the amount of a substance in weight contained in a unit volume or weight.]

6. ["Department" or "the DEQ" means the Arizona Department of Environmental Quality.]

7. ["Department of Transportation" or "DOT" means the U. S. Department of Transportation.]

8. ["Director" or "state Director" means the Director of the Department of Environmental Quality or an authorized representative, except in §§ 262.80 through 262.84, 268.5 through 268.6, 268.42(b), and 268.44 which are non-delegable to the state of Arizona.]

9. ["Draft permit" means a document prepared under § 124.6 indicating the Director's tentative decision to issue, deny, modify, revoke, reissue, or terminate a permit. A denial of a request for modification, revocation, reissuance or termination, as discussed in § 124.5, is not a draft permit.]

10. ["Emergency permit" means a permit that is issued in accordance with § 270. 61.]

11. ["EPA," "Environmental Protection Agency," "United States Environmental Protection Agency," "U. S. EPA," "EPA HQ," "EPA Regions," and "Agency" mean the DEQ with the following exceptions:

a. Any references to EPA identification numbers;

b. Any references to EPA hazardous waste numbers;

c. Any reference to EPA test methods or documents;

d. Any reference to EPA forms;

e. Any reference to EPA publications;

f. Any reference to EPA manuals;

g. Any reference to EPA guidance;

h. Any reference to EPA Acknowledgment of Consent;

i. References in §§ 260. 1(b); 260.2(d); 260.4(a)(4); 260.10 (definitions of "Administrator," "EPA region," "Federal agency," "Person," and "Regional Administrator"); 260.11(a); 260.34; 261, Appendix IX; 261.39(a)(5); 261.41; 261.4(a)(24), but in § 261.24(a)(24)(v)(B)(2), "EPA" means "DEQ"; 261.4(a)(25); 262.21; 262.24(a)(3); 262.25; 262.32(b); Part 262, subpart H; 263.10(a) Note; 264.12(a)(2), 264.71(a)(3), 264.71(d), 265.12(a)(2), 265.71(a)(3), 265.71(d); 268.1(e)(3); 268.5, 268.6, 268.42(b), and 268.44, which are nondelegable to the state of Arizona; 270.1(a)(1); 270.1(b); 270.2 (definitions of "Administrator," "Approved program or Approved state," "Director," "Environmental Protection Agency," "EPA," "Final authorization," "Permit," "Person," "Regional Administrator," and "State/EPA agreement"); 270.3; 270.5; 270.10(e)(1) through (2); 270.11(a)(3); 270.32(a) and (c); 270.51; 270.72(a)(5) and (b)(5); 273.32(a)(3); 124.1(f); 124.5(d); 124.6(e); 124.10(c)(1)(ii); and 124.13.]

12. ["Federal Register" means a daily or weekly major local newspaper of general circulation, within the area affected by the facility or activity, except in §§ 260.11(b) and 270.10(e)(2).]

13. ["HWMA" or "State HWMA" means the State Hazardous Waste Management Act, A. R. S. § 49-921 et seq., as amended.]

14. ["Hazardous Waste Management facility" or "HWM facility" means any facility or activity, including land or appurtenances thereto, that is subject to regulation under this Article.]

15. ["Key employee" means any person employed by an applicant or permittee in a supervisory capacity or empowered to make discretionary decisions with respect to the solid waste or hazardous waste operations of the applicant or permittee. Key employee does not include an employee exclusively engaged in the physical or mechanical collection, transportation, treatment, storage, or disposal of solid or hazardous waste.]

16. ["National" means "state" in §§ 264.1(a) and 265.1(a).]

17. ["Off-site" means any site that is not on-site.]

18. ["Permit" means an authorization, license, or equivalent control document issued by the DEQ to implement the requirements of this Article. Permit includes "permit-by-rule" in § 270.60 and "emergency permit" in § 270.61, and it does not include interim status as in § 270.70 or any permit which has not yet been the subject of final action, such as a "draft permit" or a "proposed permit."]

19. ["Permit-by-rule" means a provision of this Article stating that a facility or activity is considered to have a HWM facility permit if it meets the requirements of the provision.]

20. ["Physical construction" means excavation, movement of earth, erection of forms or structures, or similar activity to prepare a HWM facility to accept hazardous waste.]

21. ["RCRA," "Resource Conservation and Recovery Act," "Subtitle C of RCRA," "RCRA Subtitle C," or "Subtitle C" when referring either to an operating permit or to the federal hazardous waste program as a whole, mean the "State Hazardous Waste Management Act, A. R. S. § 49-921 et seq., as amended" with the following exceptions:

a. Any reference to a specific provision of "RCRA," "Resource Conservation and Recovery Act," "Subtitle C of RCRA," "RCRA Subtitle C," or "Subtitle C";

b. References in §§ 260.10 (definition of "Act or RCRA"); 260, Appendix I,; 261, Appendix IX,; Part 262, subpart H, 270.1(a)(2); 270.2, definition of "RCRA,"; and 270.51, "EPA-issued RCRA permit,".]

22. [Following any references to a specific provision of "RCRA," "Resource Conservation and Recovery Act," or "Subtitle C," the phrase "or any comparable provisions of the state Hazardous Waste Management Act, A. R. S. § 49-921 et seq., as amended" shall be deemed to be added except in §§ 270.72(a)(5) and (b)(5).]

23. ["RCRA § 3005(a) and (e)" means "A. R. S. § 49-922."]

24. ["RCRA § 3007" means "A. R. S. § 49-922."]

25. ["RCRA § 3008" means "A. R. S. §§ 49-921 through 49-926"]

26. ["RCRA § 3010" means "A. R. S. § 49-922."]

27. ["Recyclable Materials" mean hazardous wastes that are recycled.]

28. ["Region" or "Region IX" means "state" or "state of Arizona."]

29. ["Schedule of compliance" means a schedule of remedial measures included in a permit, including an enforceable sequence of interim requirements, such as actions, operations, or milestone events, leading to compliance with the HWMA and this Article.]

30. ["Site" means the land or water area where any facility or activity is physically located or conducted, including adjacent land used in connection with the facility or activity.]

31. ["State," "authorized state," "approved state," or "approved program" means the state of Arizona with the following exceptions: References at §§ 260.10, definitions of "person," "state," and "United States,"; 262; 264.143(e)(1); 264.145(e)(1); 264.147(a)(1)(ii); 264.147(b)(1)(ii); 264.147(g)(2); 264.147(i)(4); 265.143(d)(1); 265.145(d)(1); 265.147(a)(1)(ii); 265.147(g)(2); 265.147(i)(4); and 270.2, definitions of "Approved program or Approved state," "Director," "Final authorization," "Person," and "state"

32. ["The effective date of these regulations" means the following dates: "May 19, 1981," in §§ 265.112(a) and (d), 265.118(a) and (d), 265.142(a) and 265.144(a); "November 19, 1981," in §§ 265.112(d) and 265.118(d);.]

33. ["TSD facility" means a "Hazardous Waste Management facility" or "HWM facility."]

F. § 260.10, titled "Definitions," as amended by subsection (E) also is amended as follows, with all definitions in § 260.10, applicable throughout this Article unless specified otherwise.

1. "Act" or ["the Act" means the state Hazardous Waste Management Act or HWMA, except in R18-8-261(B) and R18-8-262(B).]

2. "Administrator," "Regional Administrator," "EPA Regional Administrator", "state Director," or "Assistant Administrator for Solid Waste and Emergency Response" mean the [Director or the Director's authorized representative, except in §§ 260.10, in the definitions of "Administrator," "AES filing compliance date", "Electronic import-export reporting compliance date", "Regional Administrator," and "hazardous waste constituent"; 260.20; 260.40; 260.41; 261, Appendix IX; 262.11(c); 262.41; 262.43; 262, Subpart H; 264.12(a); 264.71; 265.12(a); 265.71; 268.2(j); 268.5, 268.6, 268.42(b), and 268.44, which are nondelegable to the state of Arizona; 270.2, in the definitions of "Administrator", "Director", "Major facility", "Regional Administrator", and "State/EPA agreement"; 270.3; 270.5; 270.10(e)(1), (2), and (4); 270.10(f) and (g); 270.11(a)(3); 270.14(b)(20); 270.32(b)(2); 270.51; 124.5(d); 124.6(e); 124.10(b)].

3. "Facility" [or "activity" means:

[a]. Any HWM facility or other facility or activity, including] all contiguous land, and structures, other appurtenances, and improvements on the land [which are] used for treating, storing, or disposing of hazardous waste, [that is subject to regulation under the HWMA program] or for managing hazardous secondary materials prior to reclamation. A facility may consist of several treatment, storage, or disposal operational units ([that is], one or more landfills, surface impoundments, or combinations of them).

[b]. For the purpose of implementing corrective action under 40 CFR 264.101, all contiguous property under the control of the owner or operator seeking a permit under Subtitle C of RCRA. This definition also applies to facilities implementing corrective action under RCRA Section 3008(h).

[c]. Notwithstanding paragraph ([b]) of this definition, a remediation waste management site is not a facility that is subject to 40 CFR 264.101, but is subject to corrective action requirements if the site is located within such a facility.

4. "Final closure" means the closure of all hazardous waste management units at the facility in accordance with all applicable closure requirements so that hazardous waste management activities under parts 264 and 265 of this chapter are no longer conducted at the facility unless subject to the provisions in [§§ 262.15 and 262.17.]

5. "New HWM facility" or "new facility" means a HWM facility which began operation, or for which construction commenced, [after November 19, 1980].

6. "Person" means an individual, trust, firm, joint stock company, federal agency, corporation, including a government corporation, [or a limited liability corporation], partnership, association, state, municipality, commission, political subdivision of a state, or any interstate body, [state agency, or an agent or employee of a state agency].

7. "United States" or "U. S. " means [Arizona except for the following:

a. The definitions of "CRT exporter" and "recognized trader" in § 260.10.

b. §§ 261.4(a)(23) and 261.4(a)(25).

c. § 261.4(d)(4) and (e)(4).

d. § 261.39(a)(5).

e. § 262.14(a)(5).

f. Part 262, subpart H.

g. All references in Part 263 except §§ 263.10(a) and 263.22(c).

h. § 266.80.

G. § 260.20(a), titled "General" pertaining to rulemaking petitions, is replaced by the following:

Where the Administrator of EPA has granted a rulemaking petition pursuant to 40 CFR 260.20(a), 260.21, or 260.22, the Director may accept the Administrator's determination and amend the Arizona rules accordingly, if the Director determines the action to be consistent with the policies and purposes of the HWMA.

H. § 260.23, titled "Petitions to amend 40 CFR 273 to include additional hazardous wastes" pertaining to rulemaking petitions, is amended as follows:

(a) Any person seeking to add a hazardous waste or a category of hazardous waste to the universal waste regulations of part 273 of this Chapter may petition for a regulatory amendment under this Section, 40 CFR 260.20(b) through (e), and Subpart G of 40 CFR 273.

I. § 260.30, titled "Non-waste determinations and variances from classification as a solid waste," is replaced by the following: Any person wishing to submit a variance petition shall submit the petition, under this subsection, to the EPA. Where the administrator of EPA has granted a variance from classification as a solid waste under 40 CFR 260.30, 260.31, 260.33, and 260.34, the director shall accept the determination, if the director determines the action is consistent with the policies and purposes of the HWMA.

J. § 260.32, titled "Variances to be classified as a boiler," is replaced by the following:

Any person wishing to submit a variance petition shall submit the petition, under this subsection, to the EPA. Where the administrator of EPA has granted a variance from classification as a boiler pursuant to 40 CFR 260.32 and 260.33, the director shall accept the determination, if the director determines the action is consistent with the policies and purposes of the HWMA.

K.40 CFR 260.41, titled "Procedures for case-by-case regulation of hazardous waste recycling activities," is amended by deleting the following from the end of paragraph (a):

"or unless review by the Administrator is requested. The order may be appealed to the Administrator by any person who participated in the public hearing. The Administrator may choose to grant or to deny the appeal."

L. As required by A. R. S. § 49-929, generators and transporters of hazardous waste shall register annually with DEQ and submit the appropriate registration fee, prescribed below, with their registration. Registration shall be done through DEQ's myDEQ portal. For registration, go to http://www.azdeq.gov/mydeq.

1. A hazardous waste transporter that picks up or delivers hazardous waste in Arizona shall pay $200 by March 1 of the year following the date of the pick-up or delivery;

2. A large-quantity generator that generated 1,000 kilograms or more of hazardous waste in any month of the previous calendar year shall pay $300; or

3. A small-quantity generator that generated 100 kilograms or more but less than 1,000 kilograms of hazardous waste in any month of the previous year shall pay $100.

M. A person shall pay hazardous waste generation and disposal fees as required under A.R.S. § 49-931 after the rates are updated for the billing period. The billing period for large-quantity generators shall be quarterly and for small-quantity generators, including very small quantity generators who become a small quantity generator due to an episodic event, annually. The person shall pay the fee within 30 days of the close of the billing period. The following hazardous waste fees shall apply:

1. A person who generates hazardous waste in calendar year 2023 that is shipped off site shall pay $87.00 per ton but not more than $258,000 per generator site per year of hazardous waste generated. For each succeeding calendar year, these rates shall be adjusted according to subsection (4) below.

2. An owner or operator of a facility that disposes of hazardous waste in calendar year 2023 shall pay $348 per ton but not more than $6,245,000 per disposal site per year of hazardous waste disposed. For each succeeding calendar year, these rates shall be adjusted according to subsection (4) below.

3. A person who generates hazardous waste in calendar year 2023 that is retained on site for disposal or that is shipped off site for disposal to a facility that is owned and operated by that generator shall pay $34.83 per ton but not more than $206,000 per generator site per year of hazardous waste disposed. For each succeeding calendar year, these rates shall be adjusted according to subsection (4) below.

4. From and after January 1, 2024, the amounts in subsections (1), (2) and (3), above, and R18-8-270(G)(6) shall be updated annually before each April 1 by the following method:

a. On or about January 15 after the calendar year to be updated, ADEQ shall use the United States Bureau of Labor Statistics CPI Inflation Calculator at bls.gov/data/inflation_calculator.htm, as follows unless updated:

i. Insert the current maximum fee, per ton rate, or hourly rate in the first box.

ii. Insert December of the calendar year 13 months previous in the before-inflation box. Insert the previous December in the after-inflation box.

iii. Select "Calculate". The new maximum, per ton rate, or hourly rate for the billing period beginning January 1 will be shown.

b. ADEQ shall post the new rates on its webpage and install them in the billing software as soon as practicable.

Ariz. Admin. Code § R18-8-260

Adopted effective July 24, 1984 (Supp. 84-4). Amended subsections (A), (C), and (E) effective June 27, 1985 (Supp. 85-3). Amended subsections (A) and (C) effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1860 renumbered as Section R18-8-260, and subsections (A) and (C) amended effective May 29, 1987 (Supp. 87-2). Amended subsections (D) and (E) effective December 1, 1988 (Supp. 88-4). Amended effective October 11, 1989 (Supp. 89-4). Amended effective August 14, 1991 (Supp. 91-3). Amended effective October 6, 1992 (Supp. 92-4). Amended effective December 2, 1994 (Supp. 94-4). Amended effective December 7, 1995 (Supp. 95-4). Amended effective June 13, 1996 (Supp. 96-2). Amended effective August 8, 1997 (Supp. 97-3). Amended effective June 4, 1998; R18-8-260 corrected, text was inadvertently omitted (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4625, effective November 15, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 3093, effective July 24, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 816, effective April 15, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4364, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 11 A.A.R. 5523, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 3061, effective October 1, 2006 (Supp. 06-3). Amended by final rulemaking at 14 A.A.R. 409, effective March 8, 2008 (Supp. 08-1). Subsections in R18-8-260(F)(2) reinstated at request of the Department after a clerical error in 9 A.A.C. 816 omitted the subsections from the rule text, Office File No. M10-288, filed July 20, 2010 (Supp. 10-2). Amended by final rulemaking at 18 A.A.R. 1202, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 1246, effective 9/5/2015. Amended by final rulemaking at 25 A.A.R. 435, effective 2/5/2019. Amended by final rulemaking at 26 A. A. R. 2949, effective 11/3/2020. Amended by final rulemaking at 29 A.A.R. 729, effective 3/8/2023.