Ariz. Admin. Code § 18-8-270
Current through Register Vol. 30, No. 45, November 8, 2024
Section R18-8-270 - Hazardous Waste Permit ProgramA. All of 40 CFR 270 and the accompanying appendices, 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 with the exception of the following: 1. §§ 270.1(a), 270.1(c)(1)(i), 270.3, 270.10(g)(1)(i), 270.60(a) and (b), and 270.64; andB. § 270.1, titled "Purpose and scope of these regulations," paragraph (b) is replaced by the following: 1. [After the effective date of these regulations the treatment, storage, or disposal of any hazardous waste is prohibited except as follows: a. As allowed under § 270.1(c)(2) and (3);b. Under the conditions of a permit issued pursuant to these regulations; orc. At an existing facility accorded interim status under the provisions of § 270.70.2.The direct disposal or discharge of hazardous waste into or onto any of the following is prohibited:
a. Waters of the state as defined in A. R. S. § 49-201, excluding surface impoundments as defined in § 260.10; andb. Injection well, ditch, alleyway, storm drain, leachfield, or roadway.]C. § 270.1, titled "Purpose and scope of these regulations," paragraph (c)(3)(i)(D) is amended as follows: (D) An immediate threat to human health, public safety, property, or the environment, from the known or suspected presence of military munitions, other explosive material, or an explosive device, as determined by an explosive or munitions emergency response specialist as defined in 40 CFR 260.10. [The DEQ Emergency Response Unit shall be notified as soon as possible, using the 24-hour number (602) 771-2330 or (800) 234-5677.]D. § 270.10, titled "General application requirements," paragraph (e)(2), is amended as follows: (2) The [Director] may extend the date by which owners and operators of specified classes of existing [HWM facilities shall submit Part A of their permit application if the Administrator has published in the Federal Register that EPA is granting an extension under 40 CFR § 270.10(e)(2) for those classes of facilities.]E. § 270.10(g), titled "Updating permit applications," subparagraph (1)(ii) is amended as follows: (ii) With the [Director] no later than the effective date of regulatory provisions listing or designating wastes as hazardous in [the] state if the facility is treating, storing, or disposing of any of those newly listed or designated wastes; orF. § 270.10(g), titled "Updating permit applications," subparagraph (1)(iii), is amended as follows: (iii) As necessary to comply with provisions of § 270.72 for changes during interim. Revised Part A applications necessary to comply with the provisions of § 270.72 shall be filed with the [Director.]G. § 270.10, titled "General application requirements," is amended by adding the following: 1. When submitting an application for any of the license types in the Table below, an applicant shall remit to the DEQ an application fee as shown in the Table. Table - Hazardous Waste Permitting Application and Maximum Fees For Various License Types
License Type | Application Fee | Maximum Fee |
Permit for: Container Storage/Container Treatment | $20,000 | $250,000 |
Permit for: Tank Storage/Tank Treatment | $20,000 | $300,000 |
Permit for: Surface Impoundment | $20,000 | $400,000 |
Permit for: Incinerator/Boiler and Industrial Furnace (BIF)/Landfill/Miscellaneous Unit | $20,000 | $500,000 |
Permit for: Waste Pile/Land Treatment/Drip Pad/Containment Building/Research, Development, and Demonstration | $20,000 | $300,000 |
Corrective Action Permit/Remedial Action Plan (RAP) Approval | $20,000 | $300,000 |
Post-Closure Permit | $20,000 | $400,000 |
Closure of Container/Tank/Drip Pad/Containment Building | $5,000/unit | $100,000 |
Closure of Miscellaneous Unit/Incinerator/BIF/Surface Impoundment/Waste Pile/Land Treatment Unit/Landfill | $5,000/unit | $300,000 |
Class 1 Modification (requiring Director Approval) | $1,000 | $50,000 |
Class 2 Modification | $5,000 | $250,000 |
Class 3 Modification (for a permit with an Incinerator, BIF, Surface Impoundment, Waste Pile, Land Treatment Unit, or Landfill) | $20,000 | $400,000 |
Class 3 Modification (for a permit without an Incinerator, BIF, Surface Impoundment, Waste Pile, Land Treatment Unit, or Landfill) | $10,000 | $250,000 |
2. If the total cost of processing the application identified in the Table is less than the application fee listed in the Table, the DEQ shall refund the difference between the total cost and the amount listed in the Table to the applicant. a. Permits and permit modifications other than post-closure permits and closure plans. If the total cost of processing the application is greater than the amount listed plus other amounts paid, the DEQ shall bill the applicant for the difference upon permit approval. The applicant shall pay the difference in full before the DEQ issues the permit.b. Post-closure permits. If the total cost of processing the application is greater than the amount listed plus other amounts paid, the DEQ shall bill the applicant for the difference upon permit issuance. The applicant shall pay the difference in full within 45 days of the date of the bill.c. Withdrawals. In the event of a valid withdrawal of the permit application by the applicant, if the total costs of processing the application are less than the amount paid, the DEQ shall refund the difference. If the total costs are greater than the amount paid, the DEQ shall bill the applicant for the difference, and the applicant shall pay the difference within 45 days of the date of the bill.3. With an application for a closure plan for a facility, the applicant shall remit to the DEQ an application fee of $5,000 for each hazardous waste management unit involved in the closure plan or $20,000, whichever is less. If the total cost of processing the application, including review and approval of the closure report, is more than the application fee paid, the applicant shall be billed for the difference, and the difference shall be paid in full after the DEQ completes review and approval of the closure report and within 30 days of notification by the Director. If the reasonable cost is less than the fee paid by the applicant, the DEQ shall refund the difference within 30 days of the closure report review and approval. The maximum fee for a closure plan is shown in the Table.4. The fee for a land treatment demonstration permit issued under § 270.63 for hazardous waste applies toward the $20,000 permit fee for a Part B land treatment permit when the owner or operator seeks to treat or dispose of hazardous waste in land treatment units based on the successful treatment demonstration.5. The DEQ shall provide the applicant itemized bills at least semiannually for the expenses associated with evaluating the application and approving or denying the permit or permit modification. The following information shall be included in each bill: a. The dates of the billing period;b. The date and number of review hours performed during the billing period itemized by employee name, position type and specifically describing;i. Each review task performed;ii. The facility and operational unit involved;c. A description and amount of review-related costs as described in subsection (G)(6)(b); andd. The total fees paid to date, the total fees due for the billing period, the date when the fees are due, and the maximum fee for the project.6. Fees shall consist of processing charges and review-related costs as follows:a. Processing charges. From and after April 1, 2023 until April 1, 2024, the DEQ shall calculate the processing charges using a rate of $175 per hour, multiplied by the number of review hours used to evaluate and approve or deny the permit or permit modification. From and after April 1, 2024, the hourly rate shall be adjusted annually each April 1 according to R18-8-260(M)(4).b. Review-related costs means any of the following costs applicable to a specific application: ii. Transportation costs,iv. Laboratory analysis charges performed during the review of the permit or permit modification,v. Public notice advertising and mailing costs,vi. Presiding officer expenses for public hearings on a permitting decision,vii. Court reporter expenses for public hearings on a permitting decision,viii. Facility rentals for public hearings on a permitting decision, andix. Other reasonable and necessary review-related expenses documented in writing by the DEQ and agreed to by the applicant.c. Total itemized billings for an application shall not exceed the maximum amounts listed in the Table in this Section. 7. A person may seek review of a bill by filing a written request for reconsideration with the Director. a. The request shall specify, in detail, why the bill is in dispute and shall include any supporting documentation.b. The written request for reconsideration shall be delivered to the Director in person, by mail, or by facsimile on or before the payment due date or within 35 days of the invoice date, whichever is later.8. The Director shall make a final decision on the request for reconsideration of the bill and mail a final written decision to the person within 20 working days after the date the Director receives the written request.9. For the purposes of subsection (G), "review hours" means the hours or portions of hours that the DEQ's staff spends on a permit or permit modification. Review hours include the time spent by the project manager and technical review team members, and if requested by the applicant, the supervisor or unit manager. H. § 270.12, titled "Confidentiality of information," paragraph (a) is amended as follows: (a) In accordance with [R18-8-260(D)(2) ], any information submitted to [the DEQ] pursuant to these regulations may be claimed as confidential by the submitter. [Such a claim shall] be asserted at the time of submission in the manner prescribed [in R18-8-260(D)(2)(c)(ii) ]. If no [such] claim is made at the time of submission, [the DEQ] may make the information available to the public without further notice. If a claim is asserted, the information [shall] be treated in accordance with the procedures in [R18-8-260(D)(2)(d) and (e).]I. § 270.13, titled "Contents of Part A of the permit application," paragraph (k)(9) is amended as follows: (9) Other relevant environmental permits, including [any federal, state, county, city, or fire department] permits. J. § 270.14, titled "Contents of Part B: General requirements," paragraph (b) is amended by adding the following:(23)[ Any additional information required by the DEQ to evaluate compliance with facility standards and informational requirements of R18-8-264 and R18-8-270.(24)(i) A signed statement, submitted on a form supplied by the DEQ that demonstrates: (A) An individual owner or operator has sufficient reliability, expertise, integrity and competence to operate a HWM facility, and has not been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the five years before the date of the permit application; or(B) In the case of a corporation or business entity, no officer, director, partner, key employee, other person, or business entity who holds 10% or more of the equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the five years before the date of the permit application.(ii) Failure to comply with subsection (i), the requirements of A. R. S. § 49-922(C)(1), and the requirements of § 270.43 and §§ 124.3(d) and 124.5(a), may cause the Director to refuse to issue a permit to a TSD facility pursuant to A. R. S. § 49-922(C) as amended, including requirements in § 270.43 and §§ 124.3(d) and 124.5(a).]K. § 270.30, titled "Conditions applicable to all permits" paragraph (l)(10) is amended as follows: (10) Other noncompliance. The permittee shall report all instances of noncompliance not reported under [§ 270.30(l)(4),(5), and (6)] at the same time monitoring [(including annual)] reports are submitted. The reports shall contain the information listed in [§ 270.30(l)(6)].L. § 270.30, titled "Conditions applicable to all permits" paragraph (l) is amended by adding the following: [All reports listed above shall be submitted to the Director in such a manner that the reports are received within the time periods required under this Article.]
M. § 270.32, titled "Establishing permit conditions," paragraph (a), is amended by deleting the following: "and 270.3 (considerations under Federal law)."
N. § 270.32, titled "Establishing permit conditions," paragraph (b) is amended by deleting the reference to 40 CFR 267.O. § 270.32, titled "Establishing permit conditions," paragraph (c) is amended by deleting the second sentence.P. § 270.42. titled "Permit modification at the request of permittee", paragraph (f)(3). is amended as follows: (3) An automatic authorization that goes into effect under paragraph (b)(6)(iii) or (v) of this section may be appealed under [Title 41. Chapter 6. Article 10. Arizona Revised Statutes.]R. § 270.51, titled "Continuation of expiring permits," paragraph (a) is amended by deleting the following: "under 5 USC 558(c)."
Q. § 270.51, titled "Continuation of expiring permits," paragraph (d) is amended by replacing "EPA-issued" with "EPA, joint EPA/DEQ, or DEQ-issued."S. § 270.65, titled "Research, development, and demonstration permits," is amended as follows: (a) The [Director] may issue a research, development, and demonstration permit for any hazardous waste treatment facility which proposes to utilize an innovative and experimental hazardous waste treatment technology or process for which permit standards for such experimental activity have not been promulgated under part 264 or 266. [A research, development, and demonstration] permit shall include such terms and conditions as will assure protection of human health and the environment. Such permits:(1) Shall provide for the construction of such facilities as necessary, and for operation of the facility for not longer than one year unless renewed as provided in paragraph (d) of this section, and(2) Shall provide for the receipt and treatment by the facility of only those types and quantities of hazardous waste which the [Director] deems necessary for purposes of determining the efficacy and performance capabilities of the technology or process and the effects of such technology or process on human health and the environment, and(3) Shall include such requirements as the [Director] deems necessary to protect human health and the environment [, including requirements regarding monitoring, operation, financial responsibility, closure, and remedial action, and such requirements as the Director] deems necessary regarding testing and providing of information [relevant] to the [Director] with respect to the operation of the facility. (b) For the purpose of expediting review and issuance of permits under this section, the [Director] may, consistent with the protection of human health and the environment, modify or waive permit application and permit issuance requirements [, or add conditions to the permit in accordance with the permitting procedures set forth in R18-8-270 and R18-8-271,] except that there may be no modification or waiver of regulations regarding financial responsibility (including insurance) or of procedures regarding public participation.(c) The [Director] may order an immediate termination of all operations at the facility at any time [the Director] determines that termination is necessary to protect human health and the environment.(d) Any permit issued under this section may be renewed not more than three times. Each such renewal shall be for a period of not more than one year.T. § 270.110, titled "What must I include in my application for a RAP?," is amended by adding paragraphs (j) and (k) as follows:(j) A signed statement, submitted on a form supplied by DEQ that demonstrates: (1) An individual owner or operator has sufficient reliability, expertise, integrity and competence to operate a HWM facility, and has not been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the five years before the date of the RAP application.(2) In the case of a corporation or business entity, no officer, director, partner, key employee, other person or business entity who holds 10% or more of the equity or debt liability has been convicted of, or pled guilty or no contest to, a felony in any state or federal court during the five years before the date of the RAP application.(k) Failure to comply with subsection (j), the requirements of A. R. S. § 49-922(C)(1), and the requirements of § 270.43 and §§ 124.3(d) and 124.5(a), may cause the Director to refuse to issue a permit to a TSD facility pursuant to A. R. S. § 49-922(C) as amended, including requirements in § 270.43 and §§ 124.3(d) and 124.5(a).]U. § 270.155 titled "May the decision to approve or deny my RAP application be administratively appealed?", paragraph (a), is amended as follows: (a) Any commenter on the draft RAP or notice of intent to deny, or any participant in any public hearing(s) on the draft RAP, may appeal the Director's decision to approve or deny your RAP application [under Title 41, Chapter 6, Article 10, Arizona Revised Statutes.] Any person who did not file comments, or did not participate in any public hearing(s) on the draft RAP, may petition for administrative review only to the extent of the changes from the draft to the final RAP decision. Appeals of RAPs may be made to the same extent as for final permit decisions under § 124.15 of this chapter (or a decision under § 270.29 to deny a permit for the active life of a RCRA hazardous waste management facility or unit.)Ariz. Admin. Code § R18-8-270
Adopted effective July 24, 1984 (Supp. 84-4). Amended subsections (A) and (K) effective June 27, 1985 (Supp. 85-3). Amended subsection (A) effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1870 renumbered as R18-8-270, subsection (A) amended and a new subsection (S) added effective May 29, 1987 (Supp. 87-2). Amended subsections (B) and (K) 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 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). 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.