Ariz. Admin. Code § 18-8-265

Current through Register Vol. 30, No. 44, November 1, 2024

Section R18-8-265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

A. All of 40 CFR 265 and accompanying appendices, revised as of July 1, 2020 (and no future editions), with the exception of §§ 265. 1(c)(2), 265. 1(c)(4), 265. 149, 265. 150, and 265. 430, is incorporated by reference, modified by the following subsections, and on file with the DEQ. Copies of 40 CFR 265 are available at https://www.eCFR.gov.

B. § 265. 1, titled "Purpose, scope, and applicability," paragraph (c)(5) is amended as follows:

(5) The owner or operator of a facility [with operational approval from the Director] to manage [public, private,] municipal or industrial solid waste [pursuant to R18-13-312, A. R. S. §§ 49-104 and 49-762 ], if the only hazardous waste the facility treats, stores, or disposes of is excluded from regulation under § 261. 5];

C. § 265. 1, titled "Purpose, scope, and applicability," paragraph (c)(11)(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. § 265. 11, titled "Identification number," is replaced by the following:

1. A facility owner or operator shall not treat, store, dispose of, transport, or offer for transportation, hazardous waste without having received an EPA identification number from the DEQ.

2. A facility owner or operator 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 shall assign an EPA identification number to the facility owner or operator. ]

E. § 265. 18, titled "Location standards," is amended by deleting the following:

", except for the Department of Energy Waste Isolation Pilot Project in New Mexico. "

F. § 265. 56, titled "Emergency procedures," paragraph (d)(2) is amended as follows:

(2) [The emergency coordinator, or designee, immediately shall] notify [the DEQ at (602) 771-2330 or 800/234-5677, and 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). The report [shall include the following]:

(i) Name and telephone number of the reporter;

(ii) Name and address of the facility;

(iii) Time and type of incident (for example, release, fire);

(iv) Name and quantity of material(s) involved, to the extent known:

(v) The extent of injuries, if any; and

(vi) The possible hazards to human health, or the environment, outside the facility.

G. § 265. 71, titled "Use of the manifest system", is amended in the Comment following paragraph (c) as follows: Comment: The provisions of [§§ 262. 15, 262. 16 and 262. 17] are applicable to the on-site accumulation of hazardous wastes by generators. Therefore, the provisions of [§§ 262. 15, 262. 16 and 262. 17] only apply to owners or operators who are shipping hazardous waste which they generated at that facility.

H. § 265. 90, titled "Applicability," paragraphs (a) and (d)(1), and § 265. 93, titled "Preparation, evaluation, and response," paragraph (a), are amended by deleting the following phrase: "within one year"; and § 265. 90, titled "Applicability," paragraph (d)(2), is amended by deleting the following phrase: "Not later than one year. "

I. § 265. 112(d), titled "Notification of partial closure and final closure," subparagraph (1) is amended as follows:

1. The owner or operator must submit the closure plan to the [Director] at least 180 days prior to the date on which [the owner or operator] expects to begin closure of the first surface impoundment, waste pile, land treatment, or landfill unit, [tank, container storage, or incinerator unit], or final closure if it involves such a unit, whichever [occurs earlier. The owner or operator with approved closure plans shall notify the Director] in writing at least 60 days prior to the date on which [the owner or operator expects] to begin closure of a surface impoundment, waste pile, landfill, or land treatment unit, or final closure of a facility [if it involves such a unit. The owner or operator] with approved closure plans must notify the [Director] in writing at least 45 days prior to the date on which [the owner or operator expects] to begin final closure of a facility with only tanks, container storage, or incinerator units.

J. §§ 265. 143, titled "Financial assurance for closure," paragraph (g), and 265. 145, titled "Financial assurance for post-closure care," paragraph (g), are amended by replacing the third sentence in each citation with the following: "Evidence of financial assurance must be submitted to and maintained with the Director for those facilities located in Arizona. "

K. § 265. 193, titled "Containment and detection of releases", is amended by adding the following: [For existing underground tanks and associated piping systems not yet retrofitted in accordance with § 265. 193, the owner or operator shall ensure that:

1. A level is measured daily;

2. A material balance is calculated and recorded daily; and

3. A yearly test for leaks in the tank and piping system, using a method approved by the DEQ is performed.]

Ariz. Admin. Code § R18-8-265

Adopted effective July 24, 1984 (Supp. 84-4). Amended subsection (A) effective June 27, 1985 (Supp. 85-3). Amended subsection (A) effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1865 renumbered as Section R18-8-265, subsection (A) amended and a new subsection (I) added effective May 29, 1987 (Supp. 87-2). Amended subsection (B) 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 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.