Ariz. Admin. Code § 18-8-262

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

Section R18-8-262 - Standards Applicable to Generators of Hazardous Waste

A. All of 40 CFR 262, revised as of July 1, 2020 (and no future editions), is incorporated by reference, modified by the following subsections, and on file with the DEQ. Copies of 40 CFR 262 are available at https://www.eCFR.gov.

B. In 40 CFR 262:

1. ["Section 3008 of RCRA" means both section 3008 of RCRA and A. R. S. §§ 49-923, 49-924 and 49-925.]

2. ["Section 2002(a) of the Act" means A. R. S. § 49-922.]

3. ["Section 3002(6) of the Act" means A. R. S. § 49-922.]

C. § 262. 10, titled "Purpose, scope, and applicability," paragraph (i) is amended as follows:

(i) [For the limited time period required to control, mitigate, or eliminate the immediate threat,] persons responding to an explosives or munitions emergency in accordance with 40 CFR 264. 1(g)(8)(i)(D) or (iv), or 265. 1(c)(11)(i)(D) or (iv), and 270. 1(c)(3)(i)(D) or (iii) are not required to comply with the standards of this part. [As soon as the immediate response activities are completed, all standards of this part apply. For purposes of this rule, DEQ does not consider emergency response personnel to be generators of residuals resulting from immediate responses, unless they are also the owner of the object of an emergency response. The owner of the object of an emergency response, the owner of the property on which the object of an emergency rests or where the emergency response initiates, or the requestor for an emergency response is responsible for addressing any residual contamination that results from an emergency response.]

D. § 262. 11, titled "Hazardous waste determination and recordkeeping," paragraphs (d)(1) and (d)(2) are amended by deleting the following:

", or an equivalent test method approved by the Administrator under 40 CFR 260. 21,"

E. § 262. 13, titled "Generator category determinations", paragraph (f)(1)(iii) is amended as follows:

(iii) If a very small quantity generator's wastes are mixed with used oil, the mixture is subject to 40 CFR 279 [(as incorporated by A. R. S. § 49-802 )]. Any material produced from such a mixture by processing, blending, or other treatment is also [so regulated].

F. § 262. 16, titled "Conditions for exemption for a small quantity generator that accumulates hazardous waste", paragraph (b)(9)(iv)(C) is amended as follows:

(C) In the event of a fire, explosion, or other release that could threaten human health outside the facility or when the small quantity generator has knowledge that a spill has reached surface water [or when a spill has discharged into a storm sewer or dry well, or such an event has resulted in any other discharge that may reach groundwater], the small quantity generator immediately [shall] notify the National Response Center (using their 24-hour toll-free number 800/424-8802) [and the DEQ (using their 24-hour number (602) 771-2330 or 800/234-5677)]. The report [shall contain] the following information:

(1) The name, address, and [the EPA Identification Number] of the generator;

(2) Date, time, [location,] and type of incident (for example, spill or fire);

(3) Quantity and type of hazardous waste involved in the incident;

(4) Extent of injuries, if any; and

(5) Estimated quantity and disposition of recovered materials, if any.

G. Any generator who must comply with 40 CFR 262. 16 or 262. 17 shall keep a written log of the inspections of container, tank, drip pad, and containment building areas and for the containers, tanks, and other equipment located in these storage areas in accordance with 40 CFR 265. 174, 265. 195, 265. 444, and 265. 1101(c)(4). The inspection log shall be kept by the generator for three years from the date of the inspection. The generator shall ensure that the inspection log is filled in after each inspection and includes the following information: inspection date, inspector's name and signature, and remarks or corrections.

H. §262. 17, titled "Conditions for exemption for a large quantity generator that accumulates hazardous waste", paragraph (f)(1) is amended as follows:

(1) The large quantity generator notifies [DEQ] at least 30 days prior to receiving the first shipment from a very small quantity generator(s) using EPA Form 8700-12; and

I. § 262. 18, titled "EPA identification numbers and re-notification for small quantity generators and large quantity generators," paragraphs (a), (b) and (d) are amended as follows:

(a) A generator must not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the [DEQ].

(b) A generator who has not received an EPA identification number may obtain one by applying to the [DEQ] using EPA form 8700-12. [The completed form shall be submitted to DEQ through the myDEQ online portal.] Upon receiving the request, the [DEQ] will assign an EPA identification number to the generator.

(d) Re-notification.

(1) A small quantity generator must re-notify [DEQ] starting in 2021 and every four years thereafter using EPA Form 8700-12. This re-notification must be submitted through the myDEQ online portal by September 1 of each year in which re-notifications are required.

(2) A large quantity generator must re-notify [DEQ] by March 1 of each even numbered year thereafter using EPA Form 8700-12. A large quantity generator may submit this re-notification as part of its Biennial Report required under § 262. 41.

J. § 262. 20, titled "General requirements", paragraph (a)(2) is amended as follows:

(2) The revised manifest form and procedures in 40 CFR 260. 10, 261. 7, shall not apply until September 5, 2006. The manifest form and procedures in 40 CFR 260. 10, 261. 7, [262. 16, 262. 17, 262. 20, 262. 21, 262. 32, 262. 83(c) through (e), 262. 84,] contained in the 40 CFR, parts 260 to 265, edition revised as of July 1, 2004, shall be applicable until September 5, 2006.

K. § 262. 212, titled "Making the hazardous waste determination at an on-site interim status or permitted treatment, storage or disposal facility", paragraph (e)(3) is amended as follows:

(3) Count the hazardous waste toward the eligible academic entity's generator status, pursuant to [§ 262. 13(c) and (d)] in the calendar month that the hazardous waste determination was made, and

L. § 262. 265, titled "Emergency procedures", paragraph (d)(2) is amended as follows:

(2) The emergency coordinator [shall] immediately notify either the government official designated as the on-scene coordinator for that geographical area, or the National Response Center (using their 24-hour toll free number 800/424-8802) [and the DEQ (using their 24-hour number (602) 771-2330 or 800/234-5677)]. The report [shall contain the following information:]

(i) The name, address, and [the EPA Identification Number] of the generator;

(ii) Date, time, [location,] and type of incident (for example, spill or fire);

(iii) Quantity and type of hazardous waste involved in the incident;

(iv) Extent of injuries, if any; and

(v) Estimated quantity and disposition of recovered materials, if any.]

M. A generator who accumulates ignitable, reactive, or incompatible waste shall comply with 40 CFR 265. 17.

Ariz. Admin. Code § R18-8-262

Adopted effective July 24, 1984 (Supp. 84-4). Amended subsection (A) effective June 27, 1985 (Supp. 85-3). Amended subsections (A) and (D) effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1862 renumbered as R18-8-262, and amended effective May 29, 1987 (Supp. 87-2). Amended 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 (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 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). 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.