Arizona Administrative Code, 18 — Environmental Quality

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Chapter 1 DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION

Article 5 LICENSING TIME-FRAMES

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 1 Class I Air Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group I: Individual Class I prevention of significant deterioration (PSD) licenses:

| 1. Standard Class I PSD major source permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-406 . | | 41 | | 219 | | Yes | | A.A.C. R18-2-304, R18-2-402, and R18-2-406, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 2. Standard Class I PSD major source permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-406 . | | 41 | | 251 | | Yes | | A.A.C. R18-2-304, R18-2-402, and R18-2-406, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 3. Complex Class I PSD major source permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-406 . | | 41 | | 281 | | Yes | | A.A.C. R18-2-304, R18-2-402, and R18-2-406, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 4. Complex Class I PSD major source permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-406 . | | 41 | | 313 | | Yes | | A.A.C. R18-2-304, R18-2-402, and R18-2-406, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | |

Group II: Individual Class I major new source review (NSR) licenses:

| 5. Standard Class I major NSR permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-403 . | | 41 | | 219 | | Yes | | A.A.C. R18-2-304, R18-2-402, R18-2-403, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 6. Standard Class I major NSR permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-403 . | | 41 | | 251 | | Yes | | A.A.C. R18-2-304, R18-2-402, R18-2-403, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 7. Complex Class I major NSR permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-403 . | | 41 | | 281 | | Yes | | A.A.C. R18-2-304, R18-2-402, R18-2-403, Fee: R18-2-326, Department application form, site inspection, and initial fee required. |

Group II (Continued): Individual Class I major new source review (NSR) licenses:

| 8. Complex Class I major NSR permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-403 . | | 41 | | 313 | | Yes | | A.A.C. R18-2-304, R18-2-402, and R18-2-403, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- |

Group III: Individual Class I other major source licenses:

| 9. Standard Class I other major source permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 344 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and fee required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 10. Standard Class I other major source permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 376 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and fee required. | | | | | | | | | | | | 11. Complex Class I other major source permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 406 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and fee required. | | | | | | | | | | | | 12. Complex Class I other major source permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 438 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and fee required. | | | | | | | | | | |

Group IV: Individual Class I renewal licenses:

| 13. Standard Class I renewal permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-322 . | | 41 | | 344 | | No | | A.A.C. R18-2-304 Department application form, site inspection, required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 14. Standard Class I renewal permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-322 . | | 41 | | 376 | | No | | A.A.C. R18-2-304 Department application form, site inspection, required. | | | | | | | | | | | | 15. Complex Class I renewal permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and, R18-2-322 . | | 41 | | 406 | | No | | A.A.C. R18-2-304 Department application form, site inspection, required. | | | | | | | | | | | | 16. Complex Class I renewal permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-322 . | | 41 | | 438 | | No | | A.A.C. R18-2-304 Department application form, site inspection, required. |

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group V: Individual Class I transfer, amendment, and revision licenses:

| 17. Class I transfer, A.R.S. § 49-429, A.A.C. R18-2-302 and R18-2-323 . | | 5 | | 10 | | Yes | | A.A.C. R18-2-323, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- |

| 18. Class I administrative amendment, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-318 . | | 10 | | 41 | | No | | A.A.C. R18-2-318, Site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 19. Class I minor revision, A.R.S. §§ 49-426.01, A.A.C. R18-2-302 and R18-2-319 . | | 41 | | 103 | | Yes | | A.A.C. R18-2-319, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 20. Standard Class I significant revision with no public hearing, A.R.S. §§ 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 344 | | Yes | | A.A.C. R18-2-304, Fee: A.A.C. R18-2-326, Department application form, site inspection, and initial fee required | | | | | | | | | | | | 21. Standard Class I significant revision with a public hearing, A.R.S. §§ 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 376 | | Yes | | A.A.C. R18-2-304, Fee: A.A.C. R18-2-326, Department application form, site inspection, and initial fee required | | | | | | | | | | | | 22. Complex Class I significant revision with no public hearing, A.R.S. §§ 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 406 | | Yes | | A.A.C. R18-2-304, Fee: A.A.C. R18-2-326, Department application form, site inspection, and initial fee required | | | | | | | | | | | | 23. Complex Class I significant revision with a public hearing, A.R.S. §§ 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 438 | | Yes | | A.A.C. R18-2-304, Fee: A.A.C. R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | |

Group VI: Authority to operate (ATO) under Class I general permit licenses:

| 24. Class I general permit petition, A.R.S. § 49-426(H), A.A.C. R18-2-302 and R18-2-502(B) . | | 21 | | 61 | | No | | A.A.C. R18-2-502(B) . | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 25. Class I general coverage ATO new permit, A.R.S. § 49-426(H), A.A.C. R18-2-302 and R18-2-503 . | | 21 | | 103 | | Yes | | A.A.C. R18-2-503, Fee: R18-2-511, Department application form, site inspection, and initial fee required. |

History

• Table 1 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 2 Class II Air Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group I: Individual Class II new licenses:

| 1. Standard Class II permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 240 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 2. Standard Class II permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 272 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 3. Complex Class II permit with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 302 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 4. Complex Class II permit with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 . | | 41 | | 334 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. |

Group II: Individual Class II renewal licenses:

| 5. Standard Class II renewal with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-322 . | | 41 | | 240 | | No | | A.A.C. R18-2-304, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 6. Standard Class II renewal with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-322 . | | 41 | | 272 | | No | | A.A.C. R18-2-304, Department application form and site inspection required. | | | | | | | | | | | | 7. Complex Class II renewal with no public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-322 . | | 41 | | 302 | | No | | A.A.C. R18-2-304, Department application form and site inspection required. | | | | | | | | | | | | 8. Complex Class II renewal with a public hearing, A.R.S. § 49-426, A.A.C. R18-2-302 and R18-2-322 . | | 41 | | 334 | | No | | A.A.C. R18-2-304, Department application form site inspection required. | | | | | | | | | | |

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- |

Group III: Individual Class II transfer, amendment, and revision licenses:

| | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | 9. Class II transfer, A.R.S. § 49-429, A.A.C. R18-2-302, R18-2-323 . | | 5 | | 10 | | Yes | | A.A.C. R18-2-323, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | 10. Class II administrative amendment, A.R.S. § 49-426, A.A.C. R18-2-302, R18-2-318 . | | 10 | | 41 | | No | | A.A.C. R18-2-318 . |

| 11. Class II minor revision, A.R.S. § 49-426.01. A.A.C. R18-2-302 and R18-2-319 . | | 41 | | 62 | | Yes | | A.A.C. R18-2-319, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 12. Standard Class II significant revision with no public hearing, A.R.S. § 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 198 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 13. Standard Class II significant revision with a public hearing, A.R.S. § 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 230 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 14. Complex Class II significant revision with no public hearing, A.R.S. § 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 260 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 15. Complex Class II significant revision with a public hearing, A.R.S. § 49-426.01, A.A.C. R18-2-302 and R18-2-320 . | | 41 | | 292 | | Yes | | A.A.C. R18-2-304, Fee: R18-2-326, Department application form, site inspection, and initial fee required. | | | | | | | | | | |

Group IV: Authority to operate (ATO) under general permit licenses.

| 16. Class II general permit petition, A.R.S. § 49-426(H), A.A.C. R18-2-302 and R18-2-502(B) . | | 21 | | 61 | | No | | A.A.C. R18-2-502(B) . | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 17. Class II general coverage ATO new permit, A.R.S. § 49-426(H), A.A.C. R18-2-302 and R18-2-503 . | | 21 | | 103 | | Yes | | A.A.C. R18-2-503, Fee: R18-2-511, Department application form, site inspection, and initial fee required. |

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group IV (Continued): Authority to operate (ATO) under general permit licenses.

| 16. Class II general permit petition, A.R.S. § 49-426(H), A.A.C. R18-2-302 and R18-2-502(B) . | | 21 | | 61 | | No | | A.A.C. R18-2-502(B) . | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 17. Class II general coverage ATO new permit, A.R.S. § 49-426(H), A.A.C. R18-2-302 and R18-2-503 . | | 21 | | 103 | | Yes | | A.A.C. R18-2-503, Fee: R18-2-511, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 18. Class II general coverage ATO renewal permit, A.R.S. § 49-426(H), A.A.C. R18-2-302 and R18-2-505 . | | 21 | | 103 | | Yes | | A.A.C. R18-2-505, Fee: R18-2-511, Department application form, site inspection, and initial fee required. | | | | | | | | | | | | 19. Class II general coverage ATO variance, A.R.S. § 49-426(H), A.A.C. R18-2-507 . | | 21 | | 103 | | No | | A.A.C. R18-2-507, Department application form and site inspection required. | | | | | | | | | | |

History

• Table 2 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code tit. 18, ch. 3 [REPEALED]

History

• Pursuant to A.R.S. § 41-1011(C), the rules in Title 18, Chapter 3 have been removed from the Arizona Administrative Code, effective July 1, 2000. Laws 2000, Ch. 353 repealed the statutes authorizing the Air Pollution Control Hearing Board (Supp. 00-4).

Chapter 1 DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION

Article 5 LICENSING TIME-FRAMES

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 3-N [REPEALED]

History

• Table 3-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 3-S [REPEALED]

History

• Table 3-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Chapter 14 DEPARTMENT OF ENVIRONMENTAL QUALITY - PERMITS AND COMPLIANCE FEES

Article 1 WATER QUALITY PROTECTION FEES

Ariz. Admin. Code tit. 18, ch. 14, art. 1, tbl. 3.1 UIC Annual Fees

| Permit Type | Annual Registration Fee | Annual Waste Disposal Fee | | --- | --- | --- | | Area | $10,000 (and not subject to any other annual registration fee in Tables 3.1 and 3.2) | N/A | | Class I | No Annual Registration Fee | $0.002/gallon. Minimum Fee: $10,000/year Maximum Fee: $25,000/year | | Class II | See Table 3.2 | N/A | | Class III | See Table 3.2 | N/A | | Class V "Individual" | See Table 3.2 | N/A | | Class VI | No Annual Registration Fee | $0.08/ton Minimum Fee: $10,000/year |

History

• Table 3.1 by final rulemaking at 28 A.A.R. 1811, effective July 29, 2022, effective September 6, 2022 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code tit. 18, ch. 14, art. 1, tbl. 3.2 UIC Annual Registration Fees

| Design Injection Flow Rate in Gallons per day^{1, 2} | Annual Registration Fee | | --- | --- | | 3,000 to 9,999 | $600 | | 10,000 to 99,999 | $1,200 | | 100,000 to 999,999 | $3,000 | | 1,000,000 to 9,999,999 | $7,000 | | 10,000,000 or more | $10,000 |

¹ A Class II, III or V Individual UIC permittee with multiple wells or multiple permits may consolidate their same-class wells for the purpose of "design injection flow rate in gallons per day" under Table 3.2.

² An Area permit is not subject to Table 3.2.

History

• Table 3.2 made by final rulemaking at 28 A.A.R. 1811 (July 29, 2022), effective September 6, 2022 (Supp. 22-3). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Chapter 1 DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION

Article 5 LICENSING TIME-FRAMES

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 4 Vehicle Emission Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 1. Fleet station permit, A.R.S. § 49-546, A.A.C. R18-2-1019, R18-2-1026 . | | 15 | | 21 | | No | | A.A.C. R18-2-1019, Department application form required. |

| 2. Emissions analyzer/opacity meter registration, A.R.S. §§ 49-542(J)(4) and 49-546(A)(2), A.A.C. R18-2-1027 . | | 10 | | 10 | | No | | A.A.C. R18-2-1027, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

History

• Table 4 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 5 Safe Drinking Water Construction Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group I: Drinking water approval-to-construct (ATC) licenses:

| 1. Standard drinking water treatment facility, project, or well approval to construct, A.R.S. § 49-353, A.A.C. R18-5-505 . | | 16 | | 37 | | Yes | | A.A.C. R18-5-505, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 2. Complex drinking water treatment facility, project, or well approval to construct, A.R.S. § 49-353, A.A.C. R18-5-505 . | | 16 | | 67 | | Yes | | A.A.C. R18-5-505, Department application form and site inspection required. | | | | | | | | | | | | 3. Standard public and semi-public swimming pool design approval, A.R.S. § 49-104(B)(12). | | 26 | | 26 | | Yes | | A.A.C. R18-5-203, Department application form and site inspection required. | | | | | | | | | | | | 4. Complex public and semi-public swimming pool design approval, A.R.S. § 49-104(B)(12). | | 26 | | 67 | | Yes | | A.A.C. R18-5-203, Department application form and site inspection required. |

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group II: Drinking water approval-of-construction (AOC) licenses:

| 5. Standard drinking water treatment facility, project, or well approval of construction, A.R.S. § 49-353, A.A.C. R18-5-507 . | | 16 | | 37 | | Yes | | A.A.C. R18-5-507, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 6. Complex drinking water treatment facility, project, or well approval of construction, A.R.S. § 49-353, A.A.C. R18-5-507 . | | 16 | | 67 | | Yes | | A.A.C. R18-5-507, Department application form and site inspection required. | | | | | | | | | | | | 7. Standard public and semi-public swimming pool approval of construction, A.R.S. § 49-104(B)(12). | | 26 | | 26 | | Yes | | A.A.C. R18-5-204, Department application form and site inspection required. | | | | | | | | | | | | 8. Complex public and semi-public swimming pool approval of construction, A.R.S. § 49-104(B)(12). | | 26 | | 67 | | Yes | | A.A.C. R18-5-204, Department application form and site inspection required. | | | | | | | | | | |

Group III: Other licenses:

| 9. Standard drinking water new source approval, A.R.S. § 49-353, A.A.C. R18-5-505 . | | 16 | | 37 | | Yes | | A.A.C. R18-5-505, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 10. Complex drinking water new source approval, A.R.S. § 49-353, A.A.C. R18-5-505 . | | 16 | | 67 | | Yes | | A.A.C. R18-5-505, Department application form and site inspection required. |

| 11. Drinking water time extension approval, A.R.S. § 49-353, A.A.C. R18-5-505 . | | 16 | | 16 | | Yes | | A.A.C. R18-5-505, Department application form required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

History

• Table 5 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 5-N [REPEALED]

History

• Table 5-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 5-S [REPEALED]

History

• Table 5-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 6 [REPEALED]

History

• Table 6 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 6-E [REPEALED]

History

• Table 6-E adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 6-N [REPEALED]

History

• Table 6-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 6-S [REPEALED]

History

• Table 6-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 7 Pesticide Contamination Prevention Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | 1. New pesticide approval A.R.S. § 49-310 A.A.C. R18-6-102 | 62 | 124 | No | A.A.C. R18-6-102 | | | | | | | | 2. Active ingredient or pesticide criticality determination A.R.S. § 49-303 A.A.C. R18-6-103 | 21 | 41 | No | A.A.C. R18-6-102 | | | | | | | | 3. Pesticide addition or deletion to groundwater protection list approval A.R.S. § 49-305 A.A.C. R18-6-301 | 21 | 41 | No | A.A.C. R18-6-301 | | | | | | | | 4. Conditional pesticide registration A.R.S. § 49-310 A.A.C. R18-6-102(B)(2) | 21 | 41 | No | A.R.S. § 49-310 |

History

• Table 7 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed; new Table made by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 7-N [REPEALED]

History

• Table 7-N adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 7-S [REPEALED]

History

• Table 7-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 8 Safe Drinking Water Monitoring and Treatment Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group I: Safe drinking water monitoring, sample, and sample site change and waiver licenses:

| 1. Monitoring frequency change approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-206(G)(1), R18-4-206(G)(2), R18-4-206(J), R18-4-206(K)(1), R18-4-206(K)(2), R18-4-207(H)(1), R18-4-207(H)(2), R18-4-208(E), R18-4-208(F), R18-4-209(G), R18-4-212(E), R18-4-212(F), R18-4-212(G)(1), R18-4-212(G)(2), R18-4-212(I)(3), R18-4-213(A), R18-4-214(F), R18-4-214.01(H), R18-4-214.01(L), R18-4-214.02(G), R18-4-214.02(K), R18-4-216(E), R18-4-216(G)(1), R18-4-216(G)(2), R18-4-216(H)(3), R18-4-217(D)R 18-4-217(E), R18-4-217(F), R18-4-310(D), R18-4-310(D)(2), R18-4-313(J), R18-4-313(K), R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3), R18-4-403(A)(1), R18-4-403(A)(2) . | | 15 | | 27 | | No | | A.A.C. R18-4-206(G)(1), R18-4-206(G)(2), R18-4-206(J), R18-4-206(K)(1), R18-4-206(K)(2), R18-4-207(H)(1), R18-4-207(H)(2), R18-4-208(E), R18-4-208(F), R18-4-209(G), R18-4-212(E), R18-4-212(F), R18-4-212(G)(1), R18-4-212(G)(2), R18-4-212(I)(3), R18-4-213(A), R18-4-214(F), R18-4-214.01(H), R18-4-214.01(L), R18-4-214.02(G), R18-4-214.02(K), R18-4-216(E), R18-4-216(G)(1), R18-4-216(G), R18-4-216(H)(3), R18-4-217(D), R18-4-217(E), R18-4-217(F), R18-4-310(D), R18-4-310(D)(2), R18-4-313(J), R18-4-313(K), R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3), R18-4-403(A)(1), R18-4-403(A)(2) . Department application form required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 2. Monitoring sample change approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-214(E), R18-4-214.02(F), R18-4-310(E), R18-4-313(J), R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3) . | | 15 | | 27 | | No | | A.A.C. R18-4-214(E), R18-4-214.02(F), R18-4-310(E), R18-4-313(J), R18-4-313(M)(1), R18-4-313(M)(2), R18-4-313(M)(3) . Department application form required. | | | | | | | | | | | | 3. Residual disinfectant concentration sampling interval approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-303(B)(2)(a) . | | 15 | | 15 | | No | | A.A.C. R18-4-303, Department application form required. | | | | | | | | | | | | 4. Interim monitoring relief determination, A.R.S. § 49-359(B) (3). | | 21 | | 41 | | No | | A.R.S. § 49-359(B), Department application form required. | | | | | | | | | | | | 5. Man-made radioactivity environmental surveillance substitution approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-217(I)(3)(d) . | | 21 | | 62 | | No | | A.A.C. R18-4-217(I)(3)(d), Department application form required. | | | | | | | | | | | | 6. Consecutive public water system monitoring requirements modification approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-113 . | | 21 | | 84 | | No | | A.A.C. R18-4-113, Department application form and site inspection required. | | | | | | | | | | | | 7. Trihalomethane source basis for sampling purposes approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-214(C) . | | 21 | | 167 | | No | | A.A.C. R18-4-214, Department application form and site inspection required. | | | | | | | | | | | | License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | | | | | | | | | | | Group I (Continued): Safe drinking water monitoring, sample, and sample site change and waiver licenses: | | | | | | | | | | 8. Sodium multiple well sampling number reduction approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-401(B) . | | 21 | | 167 | | No | | A.A.C. R18-4-401, Department application form and site inspection required. |

| 9. Turbidity monitoring frequency reduction approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-302(H) . | | 21 | | 167 | | No | | A.A.C. R18-4-302, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 10. Monitoring waiver approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-206(L), R18-4-207(K), R18-4-212(K)(1), R18-4-212(K)(2), R18-4-212(K)(3), R18-4-212(K)(4), R18-4-216(M)(1), R18-4-216(M)(2), R18-4-217(F) . | | 21 | | 105 | | No | | A.A.C. R18-4-206(L), R18-4-207(K), R18-4-212(K)(1), R18-4-212(K)(2), R18-4-212(K)(3), R18-4-212(K)(4), R18-4-216(M)(1), R18-4-216(M)(2), R18-4-217(F), Department application form required. | | | | | | | | | | |

Group II: Safe drinking water variance and exemption licenses:

| 11. Maximum contaminant level or treatment technique requirement variance with no public hearing, A.R.S. § 49-353(A)(2), A.A.C. R18-4-110 . | | 21 | | 105 | | No | | A.A.C. R18-4-110, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 12. Maximum contaminant level or treatment technique requirement variance with a public hearing, A.R.S. § 49-353(A)(2), A.A.C. R18-4-110 . | | 21 | | 187 | | No | | A.A.C. R18-4-110, Department application form and site inspection required. | | | | | | | | | | | | 13. Maximum contaminant level or treatment technique requirement exemption with no public hearing, A.R.S. § 49-353(A)(2), A.A.C. R18-4-111 . | | 21 | | 105 | | No | | A.A.C. R18-4-111, Department application form and site inspection required. | | | | | | | | | | | | 14 Maximum contaminant level or treatment technique requirement exemption with a public hearing, A.R.S. § 49-353(A)(2), A.A.C. R18-4-111 . | | 21 | | 187 | | No | | A.A.C. R18-4-111, Department application form and site inspection required. | | | | | | | | | | | | 15. Maximum contaminant level or treatment technique requirement compliance extension approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-111(C) . | | 21 | | 32 | | No | | A.A.C. R18-4-111, Department application form and site inspection required. | | | | | | | | | | | | 16. Maximum contaminant level or treatment technique requirement compliance additional extension approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-111(C) . | | 21 | | 42 | | No | | A.A.C. R18-4-111, Department application form and site inspection required. |

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group II (Continued): Safe drinking water variance and exemption licenses:

| 17. Safe drinking water requirement exclusion approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-112(A) . | | 21 | | 42 | | No | | A.A.C. R18-4-112(B), Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- |

| 18. Backflow-prevention assembly third-party certifying entity designation approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-115(D)(2) . | | 21 | | 105 | | No | | A.A.C. R18-4-115, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group III: Safe drinking water treatment and monitoring plan licenses:

| 19. Maximum contaminant level compliance blending plan approval (for 10 or fewer points-of entry), A.R.S. § 49-353(A)(2), R18-4-221 (A) . | | 21 | | 42 | | No | | A.A.C. R18-4-221, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 20. Maximum contaminant level compliance blending plan approval (for more than 10 points-of-entry), A.R.S. § 49-353(A)(2), R18-4-221 (A) . | | 21 | | 84 | | No | | A.A.C. R18-4-221, Department application form and site inspection required. | | | | | | | | | | | | 21. Maximum contaminant level compliance blending plan change approval (for 10 or fewer points-of entry), A.R.S. § 49-353(A)(2), R18-4-221 (B) . | | 21 | | 42 | | No | | A.A.C. R18-4-221, Department application form and site inspection required. | | | | | | | | | | | | 22. Maximum contaminant level compliance blending plan change approval (for more than 10 points-of-entry, A.R.S. § 49-353(A)(2), R18-4-221(B) . | | 21 | | 84 | | No | | A.A.C. R18-4-221, Department application form and site inspection required. | | | | | | | | | | | | 23. Maximum contaminant level compliance at subsequent downstream service connections monitoring plan approval, A.R.S. § 49-353(A)(2), R18-4-221(A)(2) . | | 21 | | 125 | | No | | A.A.C. R18-4-221, Department application form and site inspection required. | | | | | | | | | | | | 24. Point-of-entry treatment device monitoring plan approval, A.R.S. § 49-353(A)(2), R18-4-222 (B)(1) . | | 15 | | 15 | | No | | A.A.C. R18-4-222, Department application form and site inspection required. | | | | | | | | | | | | 25. Point-of-entry treatment device design approval, A.R.S. § 49-353(A)(2), R18-4-222(B)(2) . | | 21 | | 167 | | No | | A.A.C. R18-4-222, Department application form and site inspection required. |

| License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | |

Group III (Continued): Safe drinking water treatment and monitoring plan licenses:

| 26. Lead and copper source water treatment determination modification, A.R.S. § 49-353(A)(2), A.A.C. R18-4-313(P), R18-4-313(Q) . | | 21 | | 167 | | No | | A.A.C. R18-4-313, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- |

| 27. Lead and copper source water concentration determination modification, A.R.S. § 49-353(A)(2), A.A.C. R18-4-314(N) . | | 21 | | 167 | | No | | A.A.C. R18-4-314, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 28. Lead service line extent under system control determination approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-315(D) . | | 21 | | 105 | | No | | A.A.C. R18-4-315, Department application form and site inspection required. | | | | | | | | | | | | 29. Lead service line extent under system control rebuttable presumption determination approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-315(E) . | | 21 | | 105 | | No | | A.A.C. R18-4-315, Department application form and site inspection required. | | | | | | | | | | |

Group IV: Lead and copper corrosion control licenses:

| 30. Lead and copper optimal corrosion control treatment approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-313(A) . | | 42 | | 502 | | No | | A.A.C. R18-4-313, Department application form and site inspection required. | | --- | --- | --- | --- | --- | --- | --- | --- | --- | | | | | | | | | | | | 31. Large water system lead and copper corrosion control activities equivalency demonstration approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-307(B) . | | 42 | | 502 | | No | | A.A.C. R18-4-307, Department application form and site inspection required. | | | | | | | | | | | | 32. Small and medium water system lead and copper corrosion control activities equivalency demonstration approval, A.R.S. § 49-353(A)(2), A.A.C. R18-4-307(B) . | | 21 | | 502 | | No | | A.A.C. R18-4-307, Department application form and site inspection required. | | | | | | | | | | | | 33. Lead and copper optimal corrosion treatment determination modification, A.R.S. § 49-353(A)(2), A.A.C. R18-4-313(P), R18-4-313(Q) . | | 42 | | 376 | | No | | A.A.C. R18-4-313, Department application form and site inspection required. | | | | | | | | | | | | | | | | | | | | | | License Category | | ACR TF Days | | SR TF Days | | Subject to Sanctions | | Application Components | | | | | | | | | | | | Group IV (Continued): Lead and copper corrosion control licenses: | | | | | | | | | | | | | | | | | | | | 34. Lead and copper water quality control parameters determination modification, A.R.S. § 49-353(A)(2), A.A.C. R18-4-313(P), R18-4-313(Q) . | | 42 | | 376 | | No | | A.A.C. R18-4-313, Department application form and site inspection required. | | | | | | | | | | |

History

• Table 8 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 9 [REPEALED]

History

• Table 9 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 10 Water Permit Licensing Time-Frames (Business Days)

| Permits | Authority | Administrative Completeness Review | Substantive Review | Overall Time-Frame | | --- | --- | --- | --- | --- | | AQUIFER PROTECTION PERMITS | | | | | | Individual Permit No public hearing Public hearing | A.R.S. §§ 49-203, 49-242 18 A.A.C. 9, Article 2 | 35 35 | 186 231¹ | 221 266 | | Complex Individual Permit No public hearing Public hearing | A.R.S. §§ 49-203, 49-242 18 A.A.C. 9, Article 2 | 35 35 | 249 294¹ | 284 329 | | Individual Permit Significant Amendment No public hearing Public hearing | A.R.S. §§ 49-203, 49-242 18 A.A.C. 9, Article 2 | 35 35 | 186 231¹ | 221 266 | | Complex Individual Permit Significant Amendment No public hearing Public hearing | A.R.S. §§ 49-203, 49-242 18 A.A.C. 9, Article 2 | 35 35 | 249 294¹ | 284 329 | | Individual Permit Other Amendment | A.R.S. §§ 49-203, 49-242 18 A.A.C. 9, Article 2 | 35 | 100 | 135 | | Temporary Individual Permit | A.R.S. §§ 49-203, 49-242 18 A.A.C. 9, Article 2 | 35 | 145 | 180 | | Type 3 General Permit | A.R.S. § 49-245 A.A.C. R18-9-D301 through R18-9-D307 | 21 | 60 | 81 | | 4.01 General Permit 300 services or less More than 300 services | A.R.S. § 49-245 A.A.C. R18-9-E301 | 42 42 | 53 94 | 95² 136² | | Standard Single 4.02, 4.03, 4.13, 4.14, 5.15, and 4.16 General Permits | A.R.S. § 49-245 A.A.C. R18-9-E302, R18-9-E303, R18-9-E313, R18-9-E314 | 42 | 31 | 73² | | 4.23 General Permit | A.R.S. § 49-245 A.A.C. R18-9-E323 | 42 | 94 | 136² | | Standard Combined Two or three Type 4 General Permits | A.R.S. § 49-245 A.A.C. R18-9-E302 through R18-9-E323 | 42 | 53 | 95² | | Complex Combined Four or more Type 4 General Permits | A.R.S. § 49-245 A.A.C. R18-9-E302 through R18-9-E323 | 42 | 94 | 136² | | SUBDIVISION APPROVALS | | | | | | Subdivision Individual facilities | A.R.S. § 49-104(B)(11) A.A.C. R18-5-408 | 21 | 46 | 67 | | Subdivision Community facilities | A.R.S. § 49-104(B)(11) A.A.C. R18-5-403 | 21 | 37 | 58 | | RECLAIMED WATER PERMITS | | | | | | Individual Permit No public hearing Public hearing | A.R.S. § 49-203 A.A.C. R18-9-702 through R18-9-707 | 35 35 | 186 231¹ | 221 266 | | Complex Individual Permit No public hearing Public hearing | A.R.S. § 49-203 A.A.C. R18-9-702 through A.A.C. R18-9-707 | 35 35 | 249 294¹ | 284 329 | | Type 3 General Permit | A.R.S. § 49-203 A.A.C. R18-9-717, R18-9-718, R18-9-719 | 21 | 60 | 81 | | ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM (AZPDES) PERMITS | | | | | | Individual Permit Major Facility⁵ No public hearing Public hearing | A.R.S. § 49-255.01 18 A.A.C. 9, Article 9, Part B | 35 35 | 249 294¹ | 284^{3, 4} 3293, 4 | | Individual Permit Minor Facility⁶ No public hearing Public hearing | A.R.S. § 49-255.01 18 A.A.C. 9, Article 9, Part B | 35 35 | 186 231¹ | 2213, 4 2663, 4 | | Individual Permit Stormwater / Construction Activities No public hearing Public hearing | A.R.S. § 49-255.01 18 A.A.C. 9, Article 9, Part B | 35 35 | 126 171¹ | 161 206^{3, 4} | | Individual Permit Major Modification No public hearing Public hearing | A.R.S. § 49-255.01 18 A.A.C. 9, Article 9, Part B | 35 35 | 186 231¹ | 2213, 4 2663, 4 | | LAND APPLICATION OF BIOSOLIDS REGISTRATIONS | | | | | | Biosolids Applicator Registration Request Acknowledgment | A.R.S. § 49-255.03 A.A.C. R18-9-1004 | 15 | 0 | 15 | | UNDERGROUND INJECTION CONTROL PERMITS | | | | | | Area Permit and Modification No public hearing Public hearing | A.R.S. §§ 49-203, 49-257.01 A.A.C. R18-9-C624 | 35 35 | 249 294¹ | 284 329 | | Class I Well Permit and Modification No public hearing Public hearing | A.R.S. §§ 49-203, 49-257.01 A.A.C. R18-9-C616 18 A.A.C. 9, Article 6, Part E | 35 35 | 249 294¹ | 284 329 | | Class II Well Permit and Modification No public hearing Public hearing | A.R.S. §§ 49-203, 49-257.01 A.A.C. R18-9-C616 18 A.A.C. 9, Article 6, Part F | 35 35 | 186 231¹ | 221 266 | | Class III Well Permit and Modification No public hearing Public hearing | A.R.S. §§ 49-203, 49-257.01 A.A.C. R18-9-C616 18 A.A.C. 9, Article 6, Part G | 35 35 | 186 231¹ | 221 266 | | Class V Well Individual Permit and Modification No public hearing Public hearing | A.R.S. §§ 49-203, 49-257.01 A.A.C. R18-9-C616 18 A.A.C. 9, Article 6, Part I | 35 35 | 186 231¹ | 221 266 | | Class VI Well Permit and Modification No public hearing Public hearing | A.R.S. §§ 49-203, 49-257.01 A.A.C. R18-9-C616 18 A.A.C. 9, Article 6, Part J | 35 35 | 249 294¹ | 284 329 | | ADVANCED WATER PURIFICATION PERMITS | | | | | | Permit No public hearing Public hearing | A.R.S. §§ 49-211 18 A.A.C. 9, Article 8 | 35 35 | 249 294¹ | 284 329 | | Permit Renewal No public hearing Public hearing | A.R.S. §§ 49-211 18 A.A.C. 9, Article 8 | 35 35 | 186 231¹ | 221 266 | | Demonstration Permit No public hearing Public hearing | A.R.S. §§ 49-211 18 A.A.C. 9, Article 8 | 35 35 | 249 294¹ | 284 329 | | Significant Amendment No public hearing Public hearing | A.R.S. §§ 49-211 18 A.A.C. 9, Article 8 | 35 35 | 249 294¹ | 284 329 | | Minor Amendment | A.R.S. §§ 49-211 18 A.A.C. 9, Article 8 | 35 | 100 | 135 | | Demonstration Permit Significant Amendment No public hearing Public hearing | A.R.S. §§ 49-211 18 A.A.C. 9, Article 8 | 35 35 | 186 231¹ | 221 266 |

¹A request for a public hearing allows the Department 60 days to publish the notice of public hearing and for the official comment period. Forty-five business days are added to the substantive review time-frame.

²Each request for an alternative design, installation, or operational feature under R18-9-A312(G) to a Type 4 General Permit adds eight business days to the substantive review time-frame.

³EPA reserves the right, under 40 CFR 123.44, to take 90 days to supply specific grounds for objection to a draft or proposed permit when a general objection is filed within the review period. The first 30 days run concurrently with the Department's official comment period. Forty-five business days will be added to the substantive review time-frame to allow for the EPA review.

⁴If a request for a variance is submitted to the Department, 40 CFR 124.62 requires that specific variances are subject to review by EPA. Under 40 CFR 123.44, EPA reserves the right to take 90-days to approve or deny the variance. Sixty-four business days will be added to the substantive review time-frame to allow for the EPA review.

⁵"Major facility" means any NPDES "facility or activity" classified as such by the EPA in conjunction with the Director.

⁶"Minor facility" means any facility that is not classified as a major facility.

History

• Table 10 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed; new Table made by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2). Amended by final rulemaking at 28 A.A.R. 1801, effective 9/6/2022. Amended by final rulemaking at 31 A.A.R. 943, effective 3/4/2025.

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 11 Surface Water Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | Group I: Clean Water Act (CWA) § 401 certification licenses: | | | | | | | | | | | | 1. CWA § 401 state certification of a proposed CWA § 404 permit, A.R.S. § 49-202. | 21 | 42 | No | A.R.S. § 49-202, 33 U.S.C. § 1341(a), Public notice of underlying proposed permit and Department application form required. |

History

• Table 11 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 12 Solid Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | Group I: Solid waste variance licenses: | | | | | | 1. Rule or standard variance request, A.R.S. § 49-763.01. | 21 | 41 | No | A.R.S. § 49-763.01, Department application form required. | | Group II: Nonlandfill solid waste facility individual discharging aquifer protection (AP) licenses: | | | | | | 2. Standard nonlandfill solid waste discharging facility AP new permit with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 186 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 3. Standard nonlandfill solid waste discharging facility AP new permit with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 232 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 4. Complex nonlandfill solid waste discharging facility AP new permit with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 249 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 5. Complex nonlandfill solid waste discharging facility AP new permit with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 295 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 6. Standard nonlandfill solid waste discharging facility AP permit significant amendment with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 186 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 7. Standard nonlandfill solid waste discharging facility AP permit significant amendment with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 232 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 8. Complex nonlandfill solid waste discharging facility AP permit significant amendment with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 249 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 9. Complex nonlandfill solid waste discharging facility AP permit significant amendment with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 295 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 10. Standard nonlandfill solid waste discharging facility AP permit other amendment, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 186 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form and initial fee required. | | 11. Complex nonlandfill solid waste discharging facility AP permit other amendment, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 249 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 12. Nonlandfill solid waste discharging facility AP permit transfer approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 32 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form and initial fee required. | | 13. Nonlandfill solid waste discharging facility AP closure plan approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 41 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 14. Standard nonlandfill solid waste discharging facility AP post-closure plan approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 41 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | 15. Complex nonlandfill solid waste discharging facility AP post-closure plan approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 125 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. |

History

• Table 12 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 9 A.A.R. 241, effective March 11, 2003 (Supp. 03-1).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 13 Special Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | Group I: Special waste licenses: | | | | | | | | | | | | 1. Waste from shredding motor vehicles alternative sampling plan approval, A.R.S. §§ 49-762 and 49-857, A.A.C. R18-13-1307(A) . | 5 | 5 | No | A.A.C. R18-13-1307(A) . | | | | | | | | 2. Petroleum contaminated soil temporary treatment facility approval, A.A.C. R18-13-1610(B) . | 32 | 62 | No | A.A.C. R18-13-1610(B) . | | | | | | | | Group II: Special waste facility plan licenses: | | | | | | | | | | | | 3. Existing special waste facility plan approval, A.R.S. § 49-762.03(A)(2). | 32 | 124 | Yes | A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | 4. New special waste facility plan approval with no public hearing, A.R.S. §§ 49-762.03(A)(1), 49-857, and 49-857.01. | 32 | 62 | Yes | A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | 5. New special waste facility plan approval with a public hearing, A.R.S. §§ 49-762.03(A)(1), 49-857, and 49-857.01. | 32 | 124 | Yes | A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | Group III: Special waste facility amendment licenses: | | | | | | | | | | | | 6. Special waste facility plan type III substantial change, A.R.S. §§ 49-762.06(B), 49-857, and 49-857.01. | 21 | 41 | Yes | A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | 7. Special waste facility plan type IV substantial change with no public hearing, A.R.S. § 49-762.06(B). | 21 | 41 | Yes | A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | 8. Special waste facility plan type IV substantial change with a public hearing, A.R.S. §§ 49-762.06(B), 49-857, and 49-857.01. | 21 | 62 | Yes | A.A.C. R18-13-1601 through R18-13-1614, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | |

History

• Table 13 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 14 Landfill Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | Group I: Municipal solid waste landfill facility plan licenses: | | | | | | | | | | | | 1. Existing solid waste facility plan approval (landfill), A.R.S. §§ 49-761(B), 49-762, 49-762.03, and 49-762.04. | 32 | 124 | Yes | 40 CFR § 257, 40 CFR § 258, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | 2. New solid waste facility plan approval with no public hearing (landfill), A.R.S. §§ 49-761(B), 49-762, 49-762.03, and 49-762.04. | 32 | 62 | Yes | 40 CFR § 257, 40 CFR § 258, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | 3. New solid waste facility plan approval with a public hearing (municipal solid waste landfill), A.R.S. §§ 49-761(B), 49-762, 49-762.03, and 49-762.04. | 32 | 124 | Yes | 40 CFR § 257, 40 CFR § 258, Fee: R18-13-701 through R18-13-703, Department application form, site inspection, and initial fee required. | | | | | | | | 4. New municipal solid waste landfill operation temporary authorization, A.R.S. § 49-762.03(C). | 21 | 41 | No | A.R.S. § 49-762.03(C). | | | | | | | | Group II: Solid waste landfill facility amendment licenses: | | | | | | | | | | | | 5. Solid waste facility plan type III substantial change (municipal solid waste landfill) with no public hearing, A.R.S. § 49-762.06(B). | 21 | 41 | Yes | 40 CFR § 258, Fee: R18-13-701 through R18-13-703, Department application, site inspection, form required. | | | | | | | | 6. Solid waste facility plan type III substantial change (municipal solid waste landfill) with a public hearing, A.R.S. § 49-762.06(B). | 21 | 62 | Yes | 40 CFR § 258, Fee: R18-13-701 through R18-13-703, Department application, site inspection, form required. | | | | | | | | 7. Solid waste facility plan type IV substantial change (municipal solid wasteland fill) with no public hearing, A.R.S. § 49-762.06(B). | 21 | 41 | Yes | 40 CFR § 258, Fee: R18-13-701 through R18-13-703, Department application, site inspection, form required. | | | | | | | | 8. Solid waste facility plan type IV substantial change (municipal solid waste landfill) with a public hearing, A.R.S. § 49-762.06(B). | 21 | 62 | Yes | 40 CFR § 258, Fee: R18-13-701 through R18-13-703, Department application, site inspection, form required. | | | | | | | | Group III: Non-municipal solid waste landfill facility individual discharging aquifer protection (AP) licenses: | | | | | | | | | | | | 9. Standard non-municipal solid waste landfill discharging facility AP new permit with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 186 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | 10. Standard non-municipal solid waste landfill discharging facility AP new permit with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 232 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | | | | | | | Group III (Continued): Non-municipal solid waste landfill facility individual discharging aquifer protection (AP) licenses: | | | | | | | | | | | | 11. Complex non-municipal solid waste landfill discharging facility AP new permit with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 249 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | 12. Complex non-municipal solid waste landfill discharging facility AP new permit with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 295 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. |

| 13. Standard non-municipal solid waste landfill discharging facility AP permit significant amendment with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 186 | Yes | A.A.C. A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | | | | | | | | 14. Standard non-municipal solid waste landfill discharging facility AP permit significant amendment with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 232 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | 15. Complex non-municipal solid waste landfill discharging facility AP permit significant amendment with no public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 249 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | 16. Complex non-municipal solid waste landfill discharging facility AP permit significant amendment with a public hearing, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 295 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | 17. Standard non-municipal solid waste landfill discharging facility AP permit other amendment, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 186 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | 18. Complex non-municipal solid waste landfill discharging facility AP permit other amendment, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 35 | 249 | Yes | A.A.C. R18-9-A201 through R18-9-A213, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | | | | | | | 19. Non-municipal solid waste landfill discharging facility AP permit transfer approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 32 | Yes | A.A.C. R18-9-121(E), Fee: R18-14-101 through R18-14-107, Department application form and initial fee required. |

| 20. Non-municipal solid waste landfill discharging facility AP closure plan approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 41 | Yes | A.A.C. R18-9-116, Fee: R18-14-101 through R18-14-107, Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | | | | | | | | License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | | | | | | | Group III (Continued): Non-municipal solid waste landfill facility individual discharging aquifer protection (AP) licenses: | | | | | | | | | | | | 21. Standard non-municipal solid waste landfill discharging facility AP post-closure plan approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 41 | Yes | A.A.C. R18-9-116, Fee: R18-14-101 through R18-14-107, Department application form required. | | | | | | | | 22. Complex non-municipal solid waste landfill discharging facility AP post-closure plan approval, A.R.S. §§ 49-241 through 49-251, A.A.C. R18-9-101 through R18-9-A213 . | 21 | 125 | Yes | A.A.C. R18-9-116, Fee: R18-14-101 through R18-14-107, Department application form required. |

History

• Table 14 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 15 Biohazardous Medical Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-Frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACR TF Days | SR TF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | 1. Biohazardous medical waste plan approval of storage, treatment, or disposal facility with no public hearing. A.R.S. § 49-762.04, A.A.C. R18-13-1410(A) | 32 | 62 | Yes | A.A.C. R18-13-1410, R18-13-1411, and R18-13-1412, Fee: R18-13-701 through R18-13-703 . Initial fee required. | | 2. Biohazardous medical waste plan approval of storage, treatment, or disposal facility with a public hearing. A.R.S. § 49-762.04, A.A.C. R18-13-1410(A) | 32 | 124 | Yes | A.A.C. R18-13-1410, R18-13-1411, and R18-13-1412, Fee: R18-13-701 through R18-13-703 . Initial fee required. | | 3. Biohazardous medical waste transporter registration. A.R.S. § 49-761, A.A.C. R18-13-1409 | 32 | 0 | No | A.A.C. R18-13-1409, Department application form required. | | 4. Biohazardous medical waste facility plan amendment type III substantial change. A.R.S. § 49-762.06, A.A.C. R18-13-1413 | 21 | 41 | Yes | A.A.C. R18-13-1413, Fee: R18-13-701 through R18-13-703 . Initial fee required. | | 5. Biohazardous medical waste facility plan amendment type IV substantial change with no public hearing. A.R.S. § 49-762.06, A.A.C. R18-13-1413 | 21 | 41 | Yes | A.A.C. R18-13-1413, Fee: R18-13-701 through R18-13-703 . Initial fee required. | | 6. Biohazardous medical waste facility plan amendment type IV substantial change with a public hearing. A.R.S. § 49-762.06, A.A.C. R18-13-1413 | 21 | 62 | Yes | A.A.C. R18-13-1413, Fee: R18-13-701 through R18-13-703 . Initial fee required. | | 7. Biohazardous medical waste plan alternative treatment registration and approval. A.R.S. § 49-761, A.A.C. R18-13-1414 | 32 | 62 | No | A.A.C. R18-13-1414, Department application form required. |

History

• Table 15 made by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 16 Waste Tire, Lead Acid Battery, and Used Oil Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | Group I: Waste tire licenses: | | | | | | | | | | | | 1. Waste tire collection site registration, A.R.S. § 44-1303. | 11 | 21 | No | A.R.S. § 44-1303, Department application form required. | | | | | | | | 2. Mining off-road waste tire collection facility license, A.R.S. § 44-1304, A.A.C. R18-13-1206 . | 32 | 62 | No | A.R.S. § 44-1304. | | | | | | | | Group II: Lead acid battery licenses: | | | | | | | | | | | | 3. Lead battery collection or recycling facility authorization, A.R.S. § 44-1322(C). | 32 | 62 | No | A.R.S. § 44-1322(C), Department application form required. | | | | | | | | Group III: Used oil licenses: | | | | | | | | | | | | 4. Used oil collection center registration number, A.R.S. § 49-802(C)(1). | 11 | 21 | No | A.R.S. § 49-802(C)(1). | | | | | | |

History

• Table 16 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 17 Hazardous Waste Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | Group I: Resource Conservation and Recovery Act (RCRA) new and renewal licenses: | | | | | | | | | | | | 1. Hazardous waste container or tank permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 251 | Yes | 40 CFR §§ 270.10 - 270.16, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 2. Hazardous waste container or tank permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 293 | Yes | 40 CFR §§ 270.10 - 270.16, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 3. Hazardous waste surface impoundment permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR §§ 270.10 - 270.14, 270.17, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 4. Hazardous waste surface impoundment permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 418 | Yes | 40 CFR §§ 270.10 - 270.14, 270.17, and 270.27, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 5. Hazardous waste pile permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.18, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 6. Hazardous waste pile permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 418 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.18, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 7. Hazardous waste incinerator or burning boiler and industrial furnace (BIF) permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 502 | Yes | 40 CFR §§ 270.10 - 270.14, 270.19, 270.22, 270.62, and 270.66, Fee: A.A.C. R18-8-270(G), EPA 8700-23, Department application form, site inspection, and initial fee required. | | | | | | | | 8. Hazardous waste incinerator or burning boiler and industrial furnace (BIF) permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 544 | Yes | 40 CFR §§ 270.10 - 270.14, 270.19, 270.22, 270.62, and 270.66, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 9. Hazardous waste land treatment permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.20, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. |

| 10. Hazardous waste land treatment permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 418 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.20, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | --- | --- | --- | --- | --- | | | | | | | | 11. Hazardous waste landfill facility permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 502 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.21, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. |

| | | | | | | --- | --- | --- | --- | --- | | License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | Group I (Continued): Resource Conservation and Recovery Act (RCRA) new and renewal licenses: | | | | |

| | | | | | | --- | --- | --- | --- | --- | | 12. Hazardous waste landfill facility permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 544 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.21, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 13. Hazardous waste miscellaneous unit permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.23, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 14. Hazardous waste miscellaneous unit permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 418 | Yes | 40 CFR §§ 270.10 - 270.14, and 270.23, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 15. Hazardous waste drip pad permit with no public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR §§ 270.10 - 270.14, 270.26, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 16. Hazardous waste drip pad permit with a public hearing, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 418 | Yes | 40 CFR §§ 270.10 - 270.14, 270.26, EPA 8700-23, Department application form, site inspection, and initial fee required. | | | | | | | | 17. Hazardous waste emergency permit, A.R.S. § 49-922, A.A.C. R18-8-270 . | 10 | 84 | Yes | 40 CFR § 270.61, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form and site inspection required. | | | | | | | | 18. Hazardous waste land treatment demonstration using field test or laboratory analysis permit, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR § 270.63, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 19. Hazardous waste research, development, and demonstration permit, A.R.S. § 49-922, A.A.C. R18-8-270(Q) . | 84 | 376 | Yes | 40 CFR § 270.65, EPA 8700-23, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 20. Hazardous waste temporary authorization request approval, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 84 | No | 40 CFR § 270.42(e), EPA 8700-23, Department application form and site inspection required. | | | | | | | | Group II: Resource Conservation and Recovery Act (RCRA) modification licenses: | | | | | | | | | | | | 21. Hazardous waste permit transfer approval, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 125 | Yes | 40 CFR § 270.40, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 22. Hazardous waste Class 1 permit modification, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 125 | Yes | 40 CFR § 270.42(a), Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | Group II (Continued): Resource Conservation and Recovery Act (RCRA) modification licenses: | | | | | | | | | | | | 23. Hazardous waste Class 2 permit modification, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR § 270.42(b), Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 24. Hazardous waste Class 3 incinerator, BIF, or landfill permit modification, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 502 | Yes | 40 CFR § 270.42(c), Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 25. Hazardous waste Class 3 other permit modification, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 376 | Yes | 40 CFR § 270.42(c), Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | 26. Hazardous waste permit modification classification request, A.R.S. § 49-922, A.A.C. R18-8-270 . | 84 | 125 | Yes | 40 CFR § 270.42(d), Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. | | | | | | | | Group III: Hazardous waste closure plan licenses: | | | | | | | | | | | | 27. Hazardous waste interim status facility partial closure plan approval, A.R.S. § 49-922. | 84 | 95 | Yes | 40 CFR §§ 264 Subpart G and 265 Subpart G, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required | | | | | | | | 28. Hazardous waste interim status facility final closure plan approval, A.R.S. § 49-922. | 84 | 95 | Yes | 40 CFR §§ 264 Subpart G and 265 Subpart G, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required | | | | | | | | 29. Hazardous waste post-closure permit with no public hearing, A.R.S. § 49-922. | 84 | 376 | Yes | 40 CFR § 270.1(c), 40 CFR § 270.28 Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required | | | | | | | | 30. Hazardous waste post-closure permit with a public hearing, A.R.S. § 49-922. | 84 | 418 | Yes | 40 CFR § 270.1(c), 40 CFR § 270.28 Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required | | | | | | | | 31. Hazardous waste remedial action plan approval, A.R.S. § 49-922. | 84 | 251 | Yes | 40 CFR § 270.68, 40 CFR § 270, Subpart H, Fee: A.A.C. R18-8-270(G), Department application form, site inspection, and initial fee required. |

History

• Table 17 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 18 Underground Storage Tank Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | Group I: Underground Storage Tank (UST) technical requirement license. | | | | | | | | | | | | 1. UST temporary closure extension request approval, A.R.S. § 49-1008, A.A.C. R18-12-270 . | 42 | 84 | No | A.A.C. R18-12-270(F)-(G), Department application form required. | | | | | | | | Group II: Underground Storage Tank (UST) service provider licenses. | | | | | | | | | | | | 2. UST installation and retrofit service provider certification, A.R.S. § 49-1082, A.A.C. R18-12-803(1) . | 11 | 11 | No | A.A.C. R18-12-806, Department application form required. | | | | | | | | 3. UST tightness testing service provider certification, A.R.S. § 49-1082, A.A.C. R18-12-803(2) . | 11 | 11 | No | A.A.C. R18-12-806, Department application form required. | | | | | | | | 4. UST cathodic protection testing service provider certification, A.R.S. § 49-1082, A.A.C. R18-12-803(3) . | 11 | 11 | No | A.A.C. R18-12-806, Department application form required. | | | | | | | | 5. UST decommissioning service provider certification, A.R.S. § 49-1082, A.A.C. R18-12-803(4) . | 11 | 11 | No | A.A.C. R18-12-806, Department application form required. | | | | | | | | 6. UST interior lining service provider certification, A.R.S. § 49-1082, A.A.C. R18-12-803(5) . | 11 | 11 | No | A.A.C. R18-12-806, Department application form required. | | | | | | |

History

• Table 18 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 19 [REPEALED]

History

• Table 19 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 19-S [REPEALED]

History

• Table 19-S adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table repealed by final rulemaking at 13 A.A.R 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 20 Voluntary Program Remediation Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | Group I: Voluntary program greenfields remediation license: | | | | | | | | | | | | 1. Voluntary program greenfields notice-to-proceed (NTP) approval, A.R.S. § 49-154(C). | 5 | 5 | No | A.R.S. § 49-154(C), Department application form required. | | | | | | | | Group II: Voluntary program brownfields remediation license: | | | | | | | | | | | | 2. Voluntary program brownfields certification, Governor letter to EPA of August 29, 1997, concerning the "designation of the Arizona Department of Environmental Quality as A State Environmental Agency pursuant to Section 198(c)(1)(C)" of the federal Taxpayer Relief Act of 1997. | 21 | 21 | No | Section 198(c) of the Taxpayer Relief Act of 1997; 26 U.S.C. 198(c), Department application form required. | | | | | | |

History

• Table 20 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Table amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 21 Pollution Prevention Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | 1. State agency hazardous waste generation level pre-approval, A.R.S. § 49-972(C). | 63 | 63 | No | A.R.S. § 49-972(E). | | | | | | |

History

• Table 21 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code tit. 18, ch. 1, art. 5, tbl. 22 Multi-Program Licenses

Subject to A.R.S. § 41-1073(A) Licensing Time-frame Requirements

ACRTF means Administrative Completeness Review Time-frame.

SRTF means Substantive Review Time-frame.

Day means business day.

| License Category | ACRTF Days | SRTF Days | Subject to Sanctions | Application Components | | --- | --- | --- | --- | --- | | | | | | | | 1. Airport construction & expansion certificate (air & water), A.R.S. § 49-104. | 21 | 42 | No | 49 U.S.C. § 2208(7)(A) . | | | | | | |

History

• Table 22 adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Chapter 11 DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY STANDARDS

Article 1 WATER QUALITY STANDARDS FOR SURFACE WATERS

Appendix A Numeric Water Quality Standards

Ariz. Admin. Code tit. 18, ch. 11, art. 1, app A, tbl. 23 [Repealed]

History

• Appendix A, Table 23 adopted by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Appendix A, Table 23 amended by final rulemaking at 9 A.A.R. 716, effective April 8, 2003 (Supp. 03-1). Appendix A, Table 23 renumbered to Table 24; new Table 23 renumbered from Table 22 and amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Appendix A, Table 23 repealed by final rulemaking at 22 A.A.R. 2328, effective August 2, 2016 (Supp. 16-4).

Ariz. Admin. Code tit. 18, ch. 11, art. 1, app A, tbl. 24 [Repealed]

History

• Appendix A, Table 24 adopted by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Appendix A, Table 24 amended by final rulemaking at 9 A.A.R. 716, effective April 8, 2003 (Supp. 03-1). Appendix A, Table 24 renumbered to Table 25; new Table 24 renumbered from Table 23 and amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Appendix A, Table 24 repealed by final rulemaking at 22 A.A.R. 2328, effective August 2, 2016 (Supp. 16-4).

Ariz. Admin. Code tit. 18, ch. 11, art. 1, app A, tbl. 25 Renumbered

History

• Appendix A, Table 25 adopted by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Appendix A, Table 25 amended by final rulemaking at 9 A.A.R. 716, effective April 8, 2003 (Supp. 03-1). Appendix A, Table 25 renumbered to Table 26; new Table 25 renumbered from Table 24 and amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Appendix A, Table 25 renumbered to Table 11 by final rulemaking at 22 A.A.R. 2328, effective August 2, 2016 (Supp. 16-4).

Ariz. Admin. Code tit. 18, ch. 11, art. 1, app A, tbl. 26 Renumbered

History

• Appendix A, Table 26 renumbered from Table 25 and amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Appendix A, Table 26 renumbered to Table 12 by final rulemaking at 22 A.A.R. 2328, effective August 2, 2016 (Supp. 16-4).

Chapter 2 DEPARTMENT OF ENVIRONMENTAL QUALITY - AIR POLLUTION CONTROL

Article 13 STATE IMPLEMENTATION PLAN RULES FOR SPECIFIC LOCATIONS

Ariz. Admin. Code tit. 18, ch. 2, art. 13, pt. A RESERVED

Chapter 4 DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER

Article 3 MONITORING ASSISTANCE PROGRAM

Ariz. Admin. Code tit. 18, ch. 4, art. 3, app B [REPEALED]

History

• New Appendix made by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Appendix B repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Article 5 RECODIFIED

Ariz. Admin. Code tit. 18, ch. 4, art. 5, app C Renumbered

History

• Adopted effective April 28, 1995 (Supp. 95-2). Appendix C renumbered to Appendix B without change effective June 3, 1998 (Supp. 98-3).

Article 6 CAPACITY DEVELOPING REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM

Ariz. Admin. Code tit. 18, ch. 4, art. 6, app D Water System Financial Viability Tests

Test 1: Will the proposed water system collect sufficient revenues to meet all of its projected expenses?

Measurements:

a. Total Revenues - Total Expenses = Net Income > 0

b. Total Revenues - One-Time Revenues - Interest Income - Other Income = Operating Revenues

c. Total Expenses - One-Time Expenditures - Debt Service - Capital Outlays = Operating Expenditures

d. Operating Revenues - Operating Expenses = Net Revenues > 0

e. Operating Ratio = Operating Expenses = 1 Operating Revenues

Test 2: Will the proposed water system generate reserves?

The following measurements shall be > 0 at the time submitted:

a. Operating Cash Reserve = $___________

b. Replacement Reserve = $____________

c. Working Capital = Current Assets - Current Liabilities

Test 3: Are the proposed rates reasonable compared to the median household income of the area to be served?

The following measurement shall be:

Average Annual Rates < Median Household Income* x 2.5%.

*The sources of median household income data include the most recent United States Census Bureau (USCB) data collected by the Department or generated by an impartial third party experienced in collecting income data and supplied to the Department by the applicant seeking viability determinations. Acceptable sources of income data, other than USCB data include feasibility studies, engineering reports, market studies, income surveys, or another source or collection methodology approved by the Department.

History

• Appendix D adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999; Test 1(e) amended to correct a manifest clerical error (Supp. 99-4).

Chapter 9 DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL

Article 1 AQUIFER PROTECTION PERMITS - GENERAL PROVISIONS

Ariz. Admin. Code tit. 18, ch. 9, art. 1, app I [REPEALED]

History

• Appendix I repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Chapter 1 DEPARTMENT OF ENVIRONMENTAL QUALITY - ADMINISTRATION

Article 1 DEFINITIONS

Ariz. Admin. Code § R18-1-101 Definitions

The definitions in A.R.S. § 41-1001, except for the definition of "person", shall apply to this Chapter. In addition, the terms in this Chapter shall have the following meanings:

1. "Attorney general" means the attorney general of the state of Arizona and includes any assistant attorneys general or other attorneys appointed by the Office of the Attorney General to represent the Department at a contested case.

2. "Department" means the Department of Environmental Quality.

3. "Director" means the Director of the Department of Environmental Quality or the Director's designee.

4. "General public hearing" means a hearing, subject to the requirements of Article 4, held to obtain comment from the public with respect to Department actions. "General public hearing" shall not include oral proceedings, or contested case hearings.

5. "Hearing officer" means an individual appointed by the Director to perform the duties described in R18-1-203 at any contested case hearing.

6. "Oral proceeding" means a proceeding held during the rulemaking process, as described by A.R.S. § 41-1023.

7. "Person" means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association, state, a political subdivision of this state, or commission or the United States Government or a federal facility, interstate body or other entity.

8. "Presiding officer" means any individual appointed by the Director to perform the duties described in R18-1-304 at any oral proceeding.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Article 2 ADMINISTRATIVE APPEALS

Ariz. Admin. Code § R18-1-201 Expired

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 1575, effective April 28, 2017 (Supp. 17-2).

Ariz. Admin. Code § R18-1-202 Expired

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 3772, effective September 22, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 1575, effective April 28, 2017 (Supp. 17-2).

Ariz. Admin. Code § R18-1-203 Expired

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 1575, effective April 28, 2017 (Supp. 17-2).

Ariz. Admin. Code § R18-1-204 Expired

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 1575, effective April 28, 2017 (Supp. 17-2).

Ariz. Admin. Code § R18-1-205 Notice of Intent to Rely on License Application Components As Submitted

A. If the Department submits to a license applicant a notice that the application is missing required components, is substantively deficient, or is otherwise deficient, or submits to a license applicant a request for additional information to enable the Department to reach a decision to grant the license, then the Department shall include a brief explanation of the basis of or reason for the notice or request.

B. If a license applicant receives a notice from the Department that the application is lacking application components, is substantively deficient, or is otherwise deficient, or receives from the Department a request for additional information, the applicant, in lieu of submitting some or all of the components or information identified by the Department, may submit to the Department a written notice of intent to rely on the application components as submitted. The applicant shall submit the notice of intent to rely on the application components as submitted within the time specified in the Department's notice of deficiencies or request for additional information. If the Department's notice of deficiencies or request for additional information does not specify a time, then the applicant shall submit the notice of intent to rely on the application components as submitted within 60 days after the mailing date of the Department's notice of deficiencies or request for additional information.

C. A notice of intent to rely on the application components as submitted shall include the following:

1. Name of the applicant.

2. License application number or other identification.

3. Date of the Department notice or request in question.

4. Identification of the application component or components objected to with reasons for the objection or objections.

5. A statement that the applicant intends to rely on the application components as submitted as the basis upon which the Department may determine whether to grant or deny the license.

D. A license applicant may submit additional license application components or other information at the same time the applicant submits a notice of intent to rely on the application components as submitted.

E. The Department, after receiving a notice of intent to rely on the license application components as submitted, shall do one of the following:

1. Rescind its request for the application component or components objected to in the notice.

2. Modify its request for the application component or components objected to in the notice.

3. Grant the license unconditionally, meaning that the Department did not add conditions not requested by the applicant.

4. Grant the license with conditions, meaning that the Department added conditions not requested by the applicant.

5. Deny the license.

F. To the extent that a licensing provision of the Arizona Revised Statutes requires different treatment of licensing notifications of application deficiencies or licensing requests for additional information, this Section does not apply.

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-206 Expired

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 1575, effective April 28, 2017 (Supp. 17-2).

Ariz. Admin. Code § R18-1-207 Expired

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed; new Section adopted by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 1575, effective April 28, 2017 (Supp. 17-2).

Ariz. Admin. Code § R18-1-208 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-209 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-210 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-211 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-212 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-213 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-214 Reserved

Ariz. Admin. Code § R18-1-215 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-216 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-217 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-218 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-219 [REPEALED]

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section repealed by final rulemaking at 5 A.A.R. 2854, effective July 30, 1999 (Supp. 99-3).

Article 3 PUBLIC PARTICIPATION IN RULEMAKING

Ariz. Admin. Code § R18-1-301 Agency Record

The official rulemaking record is located in the Department and may be reviewed any working day, Monday through Friday, from 8:00 a.m. until 5:00 p.m., except state holidays.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Ariz. Admin. Code § R18-1-302 Petition for Rule Adoption, Amendment or Repeal

A. Any person requesting that the Department adopt, amend, or repeal a rule, pursuant to A.R.S. § 41-1033, shall submit a petition as prescribed in this Section before such request may be considered by the Department.

B. Each petition shall contain:

1. The name and current address of the person submitting the petition.

2. If the request is for adoption of a new rule, a statement of that fact, followed by the specific language of the proposed rule.

3. If the request is for amendment of a current rule, a statement of that fact, followed by the A.A.C. number and title of the rule being proposed for amendment. This shall be followed by the specific language of the current rule; any language to be deleted shall be struck out but clearly readable, and any language to be added by the proposed amendment shall be underlined.

4. If the request is for repeal of a current rule, a statement of this fact, followed by the A.A.C. number and title of the rule being proposed for repeal.

The signature of the person submitting the petition.

6. The reason the rule should be adopted, amended or repealed.

C. The petition may contain any information to support subsection (B)(6) of this Section, including:

1. Any statistical data or other justification, with clear reference to any exhibits which may be attached to the petition;

2. An identification of what persons or segment of the public the petitioner believes would be affected and how they would be affected;

3. If the petitioner is a public agency, the petition may also contain a summary of issues raised in any public hearing which may be relevant, or any written comments offered by the public;

4. The identification of any statute which the petitioner believes gives the Department the authority to adopt, amend, or repeal the rule.

D. Within 60 calendar days of the receipt by the Director of a complete petition, the Department shall act in accordance with A.R.S. § 41-1033 as follows:

1. If the petition results in the initiation of a rulemaking, the procedures for rulemaking, set forth in Title 41, Chapter 6, Article 3, Arizona Revised Statutes, shall be followed.

2. If the petition is denied, a written notice stating the basis of denial shall be issued by the Director to the person filing the petition.

3. The original petition and a copy of any notice of denial shall be placed in the official record and remain there for five years to be considered in the course of the Department's five-year rule review process.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Ariz. Admin. Code § R18-1-303 Written Comments during Rulemaking

A. Any member of the public may comment upon a rule proposed by the Department by submitting written comments on the proposed rule to the Director.

B. Any document is considered to have been submitted on the date it is received by the Department. If a document is mailed, this date shall be the date on the postmark.

C. All written comments received during the period specified by A.R.S. § 41-1023(A) shall be considered by the Department.

D. All original written comments on proposed rules shall be placed in the official record.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Ariz. Admin. Code § R18-1-304 Oral Proceedings

A. Requests for oral proceedings, as prescribed in A.R.S. § 41-1023, shall:

1. Be filed with the Director;

2. Include the name and current address of the person making the request;

Refer to the proposed rule and include the date and issue of the Arizona Administrative Register in which the notice was published, if known.

B. The oral proceeding shall be recorded either by an electronic recording device or stenographically, and any resulting cassette tapes or transcripts, registers and all written comments received shall become part of the official record.

C. The procedures the presiding officer shall use to conduct oral proceedings shall include:

1. Voluntary registration of attendees. Identification shall not be required, however, in order for a person to attend an oral proceeding.

2. Registration of persons intending to speak. Registration information shall include the registrant's name, representative capacity, if applicable, and a brief summary of intended oral remarks.

Opening of the record. Opening remarks by the presiding officer shall summarize the rulemaking activities to date and the importance and purpose of public comments, and present the agenda.

4. A statement by Department representatives. The statement shall explain the contents, purpose and intended operation of the proposed rulemaking, including the economic impact and any adverse impact on small businesses.

5. A public oral comment period. Public oral comments may be limited to a reasonable time period, as determined by the presiding officer. Comments may be limited to prevent undue repetition.

Further presentations. The Department may present additional information during an oral proceeding, after public comments are received. Any person shall have the opportunity to respond to this presentation during the proceeding.

7. Closing remarks. The presiding officer shall identify relevant, future rulemaking dates and shall announce the location where the record may be reviewed and the date and time of close of record.

D. Within 10 working days of close of the record of an oral proceeding, or a longer period if approved by the Director, the presiding officer shall file a written memorandum summarizing the contents of all oral presentations made during the proceeding, and shall transmit any original cassette tapes and written submissions to the Director.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Ariz. Admin. Code § R18-1-305 Expired

History

• Adopted effective July 7, 1988 (Supp. 88-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 5018, effective August 31, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-1-306 Written Criticism of Rule

A. Any person may file a written criticism of an effective rule with the Director.

B. The criticism shall clearly identify the rule addressed, and specify why the existing rule is inadequate, unduly burdensome, unreasonable or otherwise considered to be improper.

C. The Director shall acknowledge receipt of any criticism within 10 working days and shall place the criticism in the official record, for review by the Department, pursuant to A.R.S. § 41-1054.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Article 4 PUBLIC NOTICE AND GENERAL PUBLIC HEARINGS

Ariz. Admin. Code § R18-1-401 Notice

A. When notice is required by statute or rule, and notice procedures are not otherwise prescribed by statute or rule, the Department shall:

Publish the notice as a legal notice at least once, in one or more newspapers of general circulation in the county or counties concerned;

2. Include in the notice the following information:

a. The major issue under consideration or a description of the reason for the action;

b. The Department's proposed action and effective date for that action;

c. The location where relevant, nonconfidential documents may be obtained and reviewed during normal business hours;

d. The name, address and telephone number of a person within the Department who may be contacted for further information;

e. The location where public comments may be addressed, and the date and time by which comments shall be received.

B. In addition to meeting the requirements in subsection (A), a notice for a general public hearing shall include the following information:

1. The time and location of the general public hearing;

2. A statement to the effect that any person may appear at the hearing and present views, either orally or in writing;

3. The time by which a decision shall be reached;

4. The exact nature of the action or issues to be discussed.

C. The notice for a general public hearing described in this Section shall be published at least 30 days prior to the date of the hearing unless otherwise prescribed by statute or rule.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Ariz. Admin. Code § R18-1-402 General Public Hearing Procedures

A. If a general public hearing is required by statute or by rule, the hearing shall be noticed as required in R18-1-401.

B. The Department shall maximize the opportunity for public participation at a general public hearing and shall consider all of the following when scheduling the general public hearing:

1. A location in or near the geographical area of the issue addressed in the hearing, and easily accessible to a majority of the affected public;

2. A time which can facilitate public attendance;

3. Other hearings concerning the public, in the same geographical area, which may be scheduled for the same time and location.

C. The Department may schedule persons wishing to speak, and Department personnel knowledgeable about the issue shall be present to provide information.

D. A general public hearing shall be conducted so as to do both of the following:

1. Inform the public of the exact nature of the action or issue, and

2. Allow time for persons to make statements and submit written comments.

E. The person presiding at a general public hearing shall maintain order and may allot equitable time periods for oral comment by participants.

F. A general public hearing shall be recorded by means of an electronic device or stenographically.

G. The record of a general public hearing shall be maintained by the Department and made available for public inspection, during normal business hours, at the location specified in the public notice. The record of the hearing shall include the agenda, written comments submitted before the close of record, and the tape or transcript of the hearing.

History

• Adopted effective July 7, 1988 (Supp. 88-3).

Article 5 LICENSING TIME-FRAMES

Ariz. Admin. Code § R18-1-501 Definitions

In addition to the definitions provided in A.R.S. § 41-1001, § 41-1072, and R18-1-101, the following definitions apply to this Article:

1. "Administrative completeness" or "administratively complete" means Department receipt of all application components required by statute or rule and necessary to enable the Department to issue a notice of administrative completeness under A.R.S. § 41-1074 and thereby end the administrative completeness review time-frame and start the substantive review time-frame.

2. "Administrative completeness review" means the process of clerical verification by the Department to determine whether the submitted application components meet the requirements of administrative completeness.

3. "Applicant" means a person who requests the Department to issue a license.

4. "Applicant response" means a written response from the applicant to a Department notice that complies with all the following:

a. The response identifies the applicant.

b. The response identifies the Department notice.

c. The response is addressed to the Department employee identified in the Department notice as the designated recipient of the notice.

d. The response contains the required information identified in the Department notice or the response contains a notice under R18-1-520 to rely on the application components as submitted.

5. "Application" means a request to the Department to issue a license to the requestor when that request is in writing and complies with R18-1-502 and R18-1-503(A).

6. "Application clerk" means a Department employee with authority to receive applications for a specific license or an application component or applicant response.

7. "Application component" means a document, other written information, or fee required by statute or rule and submitted to the Department in support of an application.

8. "Companion category" means one of an association of two or more consecutive categories, shown on the license tables with paired license names, and containing a distinction between "standard" and "complex", between "without a public hearing" and "with a public hearing", or "without a public meeting" and "with a public meeting".

9. "Complex" means an application category that requires significantly more Department resources to review the application than applications processed in a companion standard category due to the size, novelty, complexity, or technical difficulty expressed in the application.

10. "Comprehensive request for additional information" means a Department notification made after the administrative completeness review time-frame that:

a. Contains a list of information required by statute or rule and necessary before the Department may grant the license; and

b. Suspends the running of days within the time-frames.

11. "Day" means business day and excludes Saturdays, Sundays, and state holidays.

12. "Department notification" or "Department notice" means written communication by the Department to an applicant in person or at the mailing or electronic address identified on the application. The Department may notify the applicant at the applicant's electronic address only if the applicant provides that address as part of an application component. The notification is effective:

a. If mailed, on the date of its postmark.

b. If delivered in person by a Department employee or agent, on the date of delivery.

c. If delivered electronically, on the date of delivery to the electronic address.

13. "Department receipt" of an application component or an applicant response means one of the following days:

a. If the component or response is handed to an application clerk by the applicant, the day of actual receipt by the application clerk.

b. If the component or response is mailed, five days after the postmark identifying the mailing date.

c. If the component or response is delivered to an electronic address of an application clerk, one day after the date of delivery to the electronic address.

d. If the Department notifies the applicant of receipt within five days after the date of actual receipt, the day of actual receipt of the component or response by the application clerk.

e. If delivered during an application moratorium or time-frame suspension declared under R18-1-518, the day after the moratorium or suspension ends.

14. "Electronic address" means either a telephone number for facsimile document communication (fax) or an electronic mail (e-mail) address. "Electronic address" does not mean a telephone number for voice or TDD (telephone device for the deaf) communication.

15. "Fee excusal" means the sanction imposed on a Department fund under A.R.S. § 41-1077(A) that requires the Department to excuse further fees required from the applicant by the Department.

16. "Initial fee" means that part of the fee required to be submitted under R18-1-503(A).

17. "License category" means a category identified on a license table.

18. "License table" means a table within this Article.

19. "Licensing time-frame" means any of the time-frames identified in A.R.S. §§ 41-1072 through 41-1079, the operation of which requires the Department to report its compliance level for overall time-frames to the Governor's Regulatory Review Council under A.R.S. § 41-1078(A).

20. "Licensing time-frame agreement" means an agreement made under any of the Sections R18-1-508 through R18-1-512.

21. "Penalty" means the sanction imposed on a Department fund under A.R.S. § 41-1077(B).

22. "Phased application" means an application processed pursuant to a licensing time-frame agreement that allows the applicant to submit application components in two or more phases with each phase providing for administrative completeness review.

23. "Pre-application" means the period prior to Department receipt of an applicant's first application component submittal under R18-1-503(A).

24. "Presumptive administrative completeness" means the expiration of the administrative completeness review time-frame and the automatic start of the running of days within the substantive review time-frame under A.R.S. § 41-1074(C) as a result of the Department failing to issue a notice of administrative completeness under A.R.S. § 41-1074(A).

25. "Presumptive overall time-frame" means the sum of the days shown for the administrative completeness review and substantive review time-frames on the license tables for that license category and may be different from the actual overall time-frame because the presumptive overall time-frame does not include a lengthening of the time-frame due to a time-frame extension agreement or a shortening of the time-frame due to early starting of the substantive review time-frame caused by the issuance of a notice of administrative completeness.

26. "Presumptive substantive review time-frame" means the days shown for the substantive review time-frame on the license tables for a license category.

27. "Refund" means the sanction imposed on a Department fund under A.R.S. § 41-1077(A) that requires the Department to refund fees already paid by the applicant into that fund.

28. "Request for additional information" means a Department notification or contact made after the administrative completeness review time-frame and that identifies information required by statute or rule and necessary before the Department may grant the license.

29. "Sanction" means a refund, fee excusal, or penalty under A.R.S. § 41-1077.

30. "Site inspection" means an inspection performed by the Department under A.R.S. § 41-1009 as part of a required component of an application for a license shown on the license tables.

31. "Substantive review" means the process of qualitative evaluation by the Department of application components to determine whether the components meet all requirements in statute or rule and necessary to grant the license. "Substantive review" does not include clerical verification of the components nor does it include Department investigations resulting from reporting or notification requirements.

32. "Time-frame extension" means the entire period after the overall time-frame would otherwise expire and during which an application is not subject to sanctions. The substantive review and overall time-frames continue in effect and do not expire during the time-frame extension.

33. "Withdrawn application" means an application that has ceased to be subject to this Article due to the applicant's request that the Department cease all consideration of the application under R18-1-517 . An applicant's ability to withdraw an application is not governed by this Article.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-1-502 Applicability; Effective Date

A. This Article does not apply to any of the following:

1. A license not requiring an application.

2. A license conferred by a notification to the Department of an event, activity, or facility and that is not conferred by the Department in the form of a written license issued to the prospective licensee in response to the notification.

3. A license issued at the Department's initiative.

4. A license issued by default if the Department does not make a licensing decision within a time identified in statute or rule.

5. A license not identified in a category shown on the license tables.

6. A license required under an abatement or compliance order or consent agreement, if a time-frame in the order or consent agreement is different than the time-frame for the license category. The time-frame in the order or consent agreement shall supersede the time-frame for the license category.

7. An application for which the applicant is not the prospective licensee.

8. Compliance activity by licensees in conformance with an issued license except for license renewal or revision activity.

9. Contractual activity under A.R.S. § 41-1005(A)(15).

10. Activity that leads to the revocation, suspension, annulment, or withdrawal of a license.

B. If an application becomes subject to this Article, it remains subject to the terms of the original license category in which it was classified unless the application is withdrawn, is altered by a licensing time-frames agreement, or is changed under R18-1-516 . If altered by a licensing time-frames agreement, the terms of the original license category are modified only to the extent expressly stated in the licensing time-frames agreement.

C. If an Arizona statute or other rule in this Title conflicts with this Article, the statute or other rule governs except that only this Article determines whether an applicant is entitled to a refund and fee excusal due to Department failure to notify an applicant of a licensing decision within a licensing time-frame under A.R.S. § 41-1077(A).

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-1-503 Administrative Completeness Review Time-frame Operation; Administrative Completeness

A. The administrative completeness review time-frame for an application begins on the day of Department receipt of the first component submittal in support of the application that contains all the following:

1. Identification of the applicant.

2. If the license is for a facility, identification of the facility.

Name and mailing address of the applicant and, if applicable, the applicant's agent authorized by the applicant to receive all notices issued by the Department under this Article.

Identification of the license category in which the application shall be first processed. If companion categories are shown on a license table for this license, the application shall be first processed in the companion category that is determined as follows:

a. If "standard" and "complex" categories are shown, in the "standard" category.

b. If "without a public hearing" and "with a public hearing" are shown, in the "without a public hearing" category.

c. If "without a public meeting" and "with a public meeting" are shown, in the "without a public meeting" category.

Completed Department application form if required for the license category.

6. Initial fee if required for the license category.

7. All application components required by statute or rule necessary for the Department to determine whether an application is administratively complete.

B. The administrative completeness review time-frame for an application ends on the earlier of the following days:

1. The day the Department notifies the applicant that the application is administratively complete under A.R.S. § 41-1074.

2. If the Department does not notify the applicant that the application is administratively complete under A.R.S. § 41-1074, the last day shown for the administrative completeness review time-frame for the relevant license category on the license tables.

C. If a notice of administrative deficiencies states that the Department is suspending the running of days within the time-frames until the applicant supplies the missing information identified on a comprehensive list of specific deficiencies included with the notice, the running of days within the administrative completeness review time-frame suspends on the day of notification.

D. If suspended, the running of days within the administrative completeness review time-frame remains suspended from the time of the first notice under subsection (C) of this Section until the applicant supplies the Department all missing information identified on the comprehensive list of specific deficiencies.

E. If the Department determines that an applicant has submitted all application components required by statute or rule within the administrative completeness review time-frame and necessary to allow the Department to grant the license, the Department shall notify the applicant that the application is administratively complete under A.R.S. § 41-1074.

F. If presumptive administrative completeness occurs:

1. Further notices of administrative deficiencies issued under subsection (C) of this Section will not suspend the running of days within the substantive review or overall time-frames and

2. The Department does not waive the requirement for the applicant to submit all application components necessary to allow the Department to grant the license.

G. The running of days within the administrative completeness review time-frame also suspends and resumes under R18-1-518(emergencies).

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-1-504 Substantive Review Time-frame Operation; Requests for Additional Information

A. The substantive review time-frame for an application begins on one of the following days:

1. If the Department notifies the applicant that the application is administratively complete before the expiration of the administrative completeness review time-frame, one day after notification.

2. If the Department does not notify the applicant that the application is administratively complete before the expiration of the administrative completeness review time-frame, one day after expiration.

B. The substantive review time-frame for an application ends on the earlier of the following days:

1. The day of Department notification that it has made a licensing decision under A.R.S. § 41-1076 and R18-1-507.

2. The last day shown for the substantive review time-frame for the license category on the license tables.

C. If the Department notifies the applicant to respond to a comprehensive request for additional information, the running of days within the substantive review time-frame is suspended beginning on the day of Department notification. The Department may issue only one comprehensive request that suspends the running of days within the substantive review time-frame under A.R.S. § 41-1075(A).

D. The running of days within the substantive review time-frame remains suspended from the time of the notice under subsection (C) until the applicant supplies all missing information to the Department.

E. The running of days within the substantive review time-frame also suspends and resumes under R18-1-518(emergencies).

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-1-505 Overall Time-frame Operation

A. The overall time-frame for an application begins on the same day as the administrative completeness review time-frame.

B. The running of days within the overall time-frame suspends and resumes in concert with the administrative completeness and substantive review time-frames and time-frame extensions.

C. The duration of the overall time-frame equals the sum of all the following days unless altered by R18-1-508 (licensing time-frames pre-application agreements) or R18-1-511 (changed licensing time-frames agreements):

1. The lesser of:

a. The number of days shown for the administrative completeness review time-frame on the license tables, or

b. The actual number of days for the administrative completeness review time-frame if the Department notifies the applicant under R18-1-503(E) that the application is administratively complete before the expiration of the administrative completeness review time-frame;

2. The lesser of:

a. The number of days shown for the substantive review time-frame on the license tables,

b. The actual number of days for the substantive review time-frame if the Department notifies the applicant of a licensing decision under R18-1-504(B)(1), or

c. The actual number of days for the substantive review time-frame if the applicant causes the time-frames to end under R18-1-507(D); and

3. The number of days added by one or more licensing time-frames extension agreements under R18-1-510.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-1-506 Time-frame Extension Operation

A. If created by a licensing time-frames extension agreement under R18-1-510, the time-frame extension for an application begins one day after the substantive review and overall time-frames would otherwise expire and operates as if they were still in operation.

B. The time-frame extension for an application ends on one of the following days, whichever is earlier:

1. The day of Department notification that it has made a licensing decision under A.R.S. § 41-1076 and R18-1-507.

2. The day shown for the expiration of the time-frame extension identified in the time-frame extension agreement.

C. The Department may notify an applicant to respond to one comprehensive request for additional information during the time-frame extension on the same terms as prescribed in R18-1-504 except that the Department shall not make more than one comprehensive request for additional information under both R18-1-504 and this Section.

D. An applicant and the Department may enter into one or more licensing time-frames supplemental request agreements during the time-frame extension on the same terms as prescribed in R18-1-509.

E. The running of days within the time-frame extension also suspends and resumes under R18-1-518 (emergencies).

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-507 Ending of Time-frames; Licensing Decisions; Withdrawal; Notice of Licensing Time-frames Nonapplicability

A. Department notification of the grant or denial of a license ends the running of all licensing time-frames for an application.

B. The Department may deny a license if the applicant submits incomplete or inaccurate information in response to a notice of administrative deficiencies under R18-1-503, a request for additional information or a comprehensive request for additional information under R18-1-504, a supplemental request for additional information under R18-1-509, or any other deficiency in the application that prevents the Department from exercising its authority to grant the license.

C. The Department may deny a license if the applicant fails to respond in a reasonably timely manner to a notice of administrative deficiencies under R18-1-503, a request for additional information or a comprehensive request for additional information under R18-1-504, or a supplemental request for additional information under R18-1-509, and the deficiency in the application prevents the Department from exercising its authority to grant the license. In determining whether an applicant has failed to respond to a notice or request in a reasonably timely manner and the deficiency in the application prevents the Department from exercising its authority to grant the license, the Department shall consider the following factors:

1. The nature of the information requested.

2. The time that an applicant has been given in the notice or request to respond relative to the overall time-frame for that category of license.

3. The extent to which the Department's ability to process applications for that license category or related license categories is adversely affected by overdue responses for information.

D. Department notice of the denial of a license shall include all the following:

1. A justification for the denial under A.R.S. § 41-1076(1).

2. An explanation of the applicant's right to appeal the action under A.R.S. §§ 41-1076(2) and 41-1092.03(A).

3. An explanation of the applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

E. The following actions by the applicant are sufficient to end all time-frames for an application:

1. Withdrawing the application under R18-1-517.

2. Entering into a changed licensing time-frames agreement under R18-1-511.

F. If the Department determines during its review of an application that the application is not subject to this Article, the Department shall notify the applicant that the application is not subject to this Article. The Department notification shall contain the Department's reason for making the determination. Department notification under this subsection causes all time-frames for the application to end.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-1-508 Licensing Time-frames Pre-application Agreements

A. An applicant and the Department may enter into a licensing time-frames pre-application agreement to allow the applicant to do one or more of the following:

1. Submit certain application components in one or more phases during the substantive review time-frame.

2. Coordinate the licensing time-frames requirements of this Article with expedited application review by a private consultant under contract with the Department for that purpose.

3. Coordinate the licensing time-frames requirements of this Article with an applicant's requirements to apply for and obtain other approvals reasonably related to the subject matter of the application.

B. A licensing time-frames pre-application agreement shall contain at least the following terms:

1. Unless otherwise specified in the agreement, all requirements of this Article remain in effect.

2. A waiver under A.R.S. § 41-1004 by the applicant of its rights to the number of time-frame days identified on the license tables in consideration of the Department allowing the applicant to enter into a licensing time-frames pre-application agreement.

3. Identification of application components.

4. The number of days for the administrative completeness review time-frame and the substantive review time-frame. Time spent in pre-application review shall not count toward the running of days within the time-frames.

5. A fee adjustment, if appropriate.

6. Identification of the license category within which the Department shall begin processing the application.

C. A licensing time-frames pre-application agreement that allows the applicant to submit certain application components in one or more phases during the substantive review time-frame shall contain at least the terms identified in subsection (B) of this Section and the following terms:

1. The overall time-frame shall not be less than the presumptive overall time-frame identified in subsection (B)(6) of this Section.

2. The administrative completeness review time-frame shown for the license category identified in subsection (B)(6) of this Section shall apply only to the first application phase.

3. The applicant may submit components otherwise required for administrative completeness in subsequent phases during the substantive review time-frame only to the extent that the agreement specifies deadlines for each subsequent application phase and identifies the application components required in each subsequent phase. The Department may notify the applicant to respond to a notice of administrative deficiencies within 15 days after each subsequent submittal or the deadline identified in the agreement for each subsequent phased application component submittal.

4. The Department may suspend the running of days within the time-frames once in each application phase with a comprehensive request for additional information on the same terms as prescribed under R18-1-504.

D. The Department shall consider all the following factors when determining whether to enter into a licensing time-frames pre-application agreement:

1. The complexity of the licensing subject matter. The Department shall not enter into an agreement if the presumptive substantive review time-frame is less than 90 days.

2. The resources of the Department. The Department shall not enter into an agreement if the Department determines that either the negotiation of the agreement or the terms of the agreement are likely to require the Department to expend additional resources to the significant detriment of other applicants.

3. The impact on public health and safety or the environment. The Department shall not enter into an agreement if the Department determines that the terms of the agreement are likely to cause a significant increase or change in the nature of the potential detrimental effects of the facility or activity to be governed by the license on public health and safety or the environment.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-509 Licensing Time-frames Supplemental Request Agreements

A. An applicant and the Department may enter into one or more licensing time-frames supplemental request agreements to allow the suspension of the running of days within the relevant substantive review and overall time-frames and time-frame extensions pending a response from the applicant to a supplemental request for additional information under A.R.S. § 41-1075(A). A request for additional time alone is not a valid justification for a supplemental request agreement.

B. A licensing time-frames supplemental request agreement shall contain at least the following terms:

1. Unless otherwise specified in the agreement, all requirements of this Article remain in effect.

2. A list of the additional information requested.

3. The running of days within the relevant substantive review and overall time-frames and time-frame extensions shall suspend and resume under Sections R18-1-504 through R18-1-506.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-510 Licensing Time-frames Extension Agreements

A. An applicant and the Department may enter into one or more time-frames extension agreements to extend the substantive review and overall time-frames under A.R.S. § 41-1075(B).

B. The total of all time-frames extension agreements may extend the time-frames no more than 25% of the number of days beyond the presumptive overall time-frame or, if identified as a fixed number in an R18-1-508 pre-application agreement, the presumptive overall time-frame in that agreement. A calculation that results in a fraction of a day shall be rounded to the nearest day.

C. A time-frames extension agreement shall contain at least the following terms:

1. Unless specified otherwise in the agreement, all requirements of this Article remain in effect.

2. The number of time-frame extension days.

3. The agreement creates a time-frame extension that operates under R18-1-506.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-511 Licensing Time-frames Changed Application Agreements

A. An applicant and the Department may enter into a licensing time-frames agreement to allow the applicant to change information previously submitted in support of a license application and to supersede the time-frames of that application with new time-frames. A changed licensing time-frames agreement causes all time-frames on the application to end under R18-1-507(D) and creates a new set of time-frames that operates under the agreement.

B. A changed licensing time-frames agreement shall contain at least the following terms:

1. Unless specified otherwise in the agreement, all requirements of this Article remain in effect.

2. A waiver under A.R.S. § 41-1004 by the applicant of its rights to the number of time-frame days identified on the license tables in consideration of the Department allowing the applicant to change the information submitted in support of a changed application.

3. Identification of application components required in support of the changed application.

4. The number of time-frame days applicable to the changed application.

5. A fee adjustment, if appropriate.

Identification of the license category within which the Department shall continue processing the changed application.

C. The Department shall consider all the following factors when determining whether to enter into a changed licensing time-frames agreement:

1. The complexity of the licensing subject matter. The Department shall not enter into an agreement if the presumptive substantive review time-frame is less than 30 days.

2. The resources of the Department. The Department shall not enter into an agreement if the Department determines that either the negotiation of the agreement or the terms of the agreement are likely to require the Department to expend additional resources to the significant detriment of other applicants.

3. The impact on public health and safety or the environment. The Department shall not enter into an agreement if the Department determines that the terms of the agreement are likely to cause a significant increase or change in the nature of the potential detrimental effects of the facility or activity to be governed by the license on public health and safety or the environment.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-512 Reserved

Ariz. Admin. Code § R18-1-513 [REPEALED]

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3). Section repealed by final rulemaking at 13 A.A.R. 1854, effective June 30, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-1-514 Reserved

Ariz. Admin. Code § R18-1-515 Reserved

Ariz. Admin. Code § R18-1-516 Reassignment of License Category

A. The Department may reassign an application to a different category if an evaluation of the application components indicates that a change is necessary in the category in which the application is classified. The Department shall notify the applicant of the change in the license category at which time the reassignment shall take effect. The Department notice shall contain the Department's reason for making the reassignment to a different license category. After receiving Department notification, the applicant may submit an R18-1-521 notice of intent to rely on the license category in effect before Department notification.

B. If a public hearing or public meeting is requested for an application for a license that requires the Department to hold a public hearing or public meeting on a proposed licensing decision if requested, the Department shall reassign the application from a license category not providing for a public hearing or public meeting to the companion category so providing.

C. Reassignment may include a change from a standard to a companion complex category if such categories are shown on the license tables.

D. Reassignment to a new license category under this Section means only that the time-frames for the application expire on the days shown for the new license category rather than the previous category.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-517 Application Withdrawal

Withdrawal of an application causes all time-frames for that application to end.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-518 Emergencies and Upset Conditions

A. The Director may declare a moratorium on the starting of time-frames for new applications or may declare a suspension of all time-frames for one or more license categories identified on the license tables upon a determination that the starting of time-frames for new applications or the continued running of days within the time-frames on existing applications in that license category is likely to result in sanctions for those applications due to emergencies including:

1. Diversion of Department resources to respond to pollution prevention emergency activity,

2. Loss of use of premises,

3. Computer failure, or

4. Lack of access to a site inspection location due to weather or other natural conditions.

B. A declaration of a time-frame moratorium or suspension under subsection (A) of this Section shall be in writing and shall include all the following:

1. The reason for the time-frame moratorium or suspension.

2. Identification of the license categories subject to the time-frame moratorium or suspension.

3. If relevant, restriction of the declaration to one or more application review or site inspection locations.

4. Expiration of the time-frame moratorium or suspension by a date certain.

C. The Director may revoke declarations or issue successive declarations. The Director shall ensure that the duration of a time-frame moratorium or suspension under subsection (A) of the Section is limited to the shortest time necessary to address the emergency.

D. A declaration of a time-frame moratorium or suspension under subsection (A) of this Section affects only the operation of the time-frames and does not prohibit the Department from acceptance or continued review of license applications.

E. A declaration of a time-frame moratorium or suspension under subsection (A) of this Section applies only to applications and license categories that are subject to sanctions

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-519 Public Hearings; Public Meetings; Public Notice Periods

The suspension or expiration of the substantive review time-frame does not invalidate public hearings, public meetings, or public notice periods required by law to occur before a decision by the Department to grant a license.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-520 Notice of Intent to Rely on the Application Components As Submitted

A. An applicant, instead of submitting some or all of the application components identified by the Department, may submit an R18-1-205 notice of intent to rely on the application components as submitted in response to either of the following:

1. Receiving a notice of administrative deficiencies issued by the Department during the administrative completeness review time-frame.

Receiving a comprehensive request for additional information or a supplemental request for additional information issued by the Department after the administrative completeness review time-frame.

B. If the Department decides under R18-1-205 to rescind or modify the identification of the application component or components objected to by the applicant, the Department shall make the decision within 15 days after Department receipt of the applicant's R18-1-205 notice. If, at the time of the decision, the running of days within the time-frames is suspended:

1. A decision to rescind the identification of all application components identified in the notice shall resume the running of days within the time-frames.

A decision to rescind less than all or to modify the identification of one or more application components identified in the notice, shall allow the running of days within the time-frames to remain suspended in accordance with the Department notice identified in subsections (A)(1) or (A)(2) of this Section.

C. If, within 15 days after Department receipt of the applicant's R18-1-205 notice, the Department has not notified the applicant of a decision to rescind or modify the identification of the application component or components complained of in the notice, the running of days within the time-frames, if suspended, shall resume.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-521 Notice of Intent to Rely on the License Category

A. Upon Department notification that the Department has changed the license category under R18-1-516, an applicant may submit a notice of intent to rely on the license category in effect before the Department notification.

B. The applicant's notice under subsection (A) of this Section shall include all of the following:

1. Identification of the applicant.

2. Identification of the license application.

Identification of the date of the Department notice.

4. A statement that the applicant intends to rely on the license category in effect before Department notification of the R18-1-516 license category change as the basis upon which the Department shall make a licensing decision.

C. Upon receipt of an applicant's notice under subsection (A) of this Section, the Department shall do one of the following:

Rescind the change under subsection (D) of this Section.

2. Make a licensing decision under R18-1-507(A) and process the decision in the changed category identified under R18-1-516.

3. Allow the license category to revert under subsection (E) of this Section.

D. If the Department decides to rescind the change in the license category, the Department shall notify the applicant of the decision within 15 days after Department receipt of the applicant's notice under subsection (A) of this Section and shall continue to process the application in the license category on which the applicant is relying.

E. If, within 15 days after Department receipt of the applicant's notice under subsection (A) of this Section, the Department has not notified the applicant of a decision under subsection (C) of this Section, the license category shall revert to the category in effect before the R18-1-516 Department notification with the same effect on the time-frames as described in subsection (D) of this Section.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-522 Notice of Change of Applicant's Agent for Receiving Licensing Time-frames Notices

A. An applicant may change the designation of its agent identified under R18-1-503(A)(3) for receiving Department licensing time-frames notification.

B. To change the designation of the agent, the applicant shall submit a notice that complies with all the following to the application clerk:

1. Identification of the applicant.

2. Identification of the application.

3. Name and mailing address of the current agent authorized to receive all notices issued by the Department under this Article.

Name and mailing address of the new agent authorized to receive all notices issued by the Department under this Article.

5. Date when the applicant's authorization of the new agent will be effective.

Certification by the applicant that the information given under this subsection is true.

C. Upon Department receipt of the applicant's notice under subsection (B) of this Section, the Department shall notify the applicant of the date of receipt. The effective date of the change of applicant's agent shall not be less than three days after Department receipt of the notice.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-523 Refunds, Fee Excusals, and Penalties

A. An application is subject to sanctions under A.R.S. § 41-1077 only if the application is governed by this Article and requires a fee that is deposited in a Department fund. In addition, an application is subject to penalties under A.R.S. § 41-1077(B) only if it is subject to a substantive review time-frame as indicated on the license tables. An application withdrawn before the expiration of the overall time-frame is not subject to sanctions.

B. The Department shall make a refund and fee excusal to an applicant for an application if the Department determines both of the following:

1. The overall time-frame for that application expired prior to Department notification of a licensing decision under R18-1-507(A).

2. The applicant is the prospective licensee of the application.

C. The Department shall issue a refund and make a fee excusal within 15 days after the Department makes a determination that a refund and fee excusal is due.

D. A refund and fee excusal is limited to the specific application giving rise to the refund and fee excusal and does not include a refund or payment excusal for services requested by the applicant beyond the scope of the application. A refund is limited to the amount actually received from the applicant by the Department for the review of the specific application giving rise to the refund and does not include interest.

E. The Department shall pay to the state general fund a penalty for an application if the Department determines both of the following:

1. The overall time-frame for that application expired prior to Department notification of a licensing decision under R18-1-507(A)

2. On the last calendar day of the month, the Department still has not made a licensing decision under R18-1-507(A).

F. If an application accumulates excused fees, the Department shall calculate the penalty each month to include both the penalty due for the current month plus any additional penalties now due for previous months resulting from the continued accumulation of excused fees during the current month.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-524 Site Inspections

A. If a site inspection is a required application component for a license category, an applicant complies with the requirement to submit a site inspection application component if either of the following is met:

1. The applicant makes all necessary areas of a site available for inspection by the Department at a mutually agreed-upon time and for the period of time necessary for the Department to complete the site inspection.

2. The Department determines that the conditions of a license are such that a site inspection will provide no additional required information in order for the Department to make a licensing decision under R18-1-507(A)(1) or R18-1-507(A)(2).

B. If made, a site inspection shall be performed under A.R.S. § 41-1009. The purpose of a site inspection application component is to allow the Department to identify what site specific facts may be determinative of required license conditions in order to make a licensing decision under R18-1-507(A)(1) or R18-1-507(A)(2).

C. The Department shall prepare an inspection report under A.R.S. § 41-1009(D) for every site inspection made. The inspection report shall state both of the following:

1. The Department's action resulting from the inspection is completed.

2. Whether the applicant complied with subsection (A)(1) of this Section.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-1-525 Licensing Time-frames; Application Components

The administrative completeness review time-frame days, the substantive review time-frame days, and the references to application components for each license category subject to this Article are shown on the license tables.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3343, effective August 13, 1999 (Supp. 99-3).

Chapter 2 DEPARTMENT OF ENVIRONMENTAL QUALITY - AIR POLLUTION CONTROL

Article 1 GENERAL

Ariz. Admin. Code § R18-2-101 Definitions

The following definitions apply to this Chapter. Where the same term is defined in this Section and in the definitions Section for an Article of this Chapter, the Article-specific definition shall apply.

1. "Act" means the Clean Air Act of 1963 (P.L. 88-206; 42 U.S.C. 7401 through 7671q) as amended through December 31, 2011 (and no future editions).

2. "Actual emissions" means the actual rate of emissions of a regulated NSR pollutant from an emissions unit, as determined in subsections (2)(a) through (e), except that this definition shall not apply for calculating whether a significant emissions increase as defined in R18-2-401 has occurred, or for establishing a plantwide applicability limitation as defined in R18-2-401 . Instead, the definitions of projected actual emissions and baseline actual emissions in R18-2-401 shall apply for those purposes.

a. In general, actual emissions as of a particular date shall equal the average rate, in tons per year, at which the unit actually emitted the pollutant during a consecutive 24-month period that precedes the particular date and that is representative of normal source operation. The Director may allow the use of a different time period upon a determination that it is more representative of normal source operation. Actual emissions shall be calculated using the unit's actual operating hours, production rates, and types of materials processed, stored or combusted during the selected time period.

b. The Director may presume that source-specific allowable emissions for the unit are equivalent to the actual emissions of the unit.

c. For any emissions unit that is or will be located at a source with a Class I permit and has not begun normal operations on the particular date, actual emissions shall equal the unit's potential to emit on that date.

d. For any emissions unit that is or will be located at a source with a Class II permit and has not begun normal operations on the particular date, actual emissions shall be based on applicable control equipment requirements and projected conditions of operation.

e. This definition shall not apply for calculating whether a significant emissions increase has occurred, or for establishing a PAL. Instead, the definitions of projected actual emissions and baseline actual emissions in R18-2-401 shall apply for those purposes.

"Administrator" means the Administrator of the United States Environmental Protection Agency.

4. "Affected facility" means, with reference to a stationary source, any apparatus to which a standard is applicable.

"Affected source" means a source that includes one or more units which are subject to emission reduction requirements or limitations under Title IV of the Act.

6. "Affected state" means any state whose air quality may be affected by a source applying for a permit, permit revision, or permit renewal and that is contiguous to Arizona or that is within 50 miles of the permitted source.

7. "Afterburner" means an incinerator installed in the secondary combustion chamber or stack for the purpose of incinerating smoke, fumes, gases, unburned carbon, and other combustible material not consumed during primary combustion.

8. "Air contaminants" means smoke, vapors, charred paper, dust, soot, grime, carbon, fumes, gases, sulfuric acid mist aerosols, aerosol droplets, odors, particulate matter, wind-borne matter, radioactive materials, or noxious chemicals, or any other material in the outdoor atmosphere.

9. "Air curtain incinerator" means an incineration device designed and used to secure, by means of a fan-generated air curtain, controlled combustion of only wood waste and slash materials in an earthen trench or refractory-lined pit or bin.

"Air pollution" means the presence in the outdoor atmosphere of one or more air contaminants or combinations thereof in sufficient quantities, which either alone or in connection with other substances by reason of their concentration and duration are or tend to be injurious to human, plant or animal life, or cause damage to property, or unreasonably interfere with the comfortable enjoyment of life or property of a substantial part of a community, or obscure visibility, or which in any way degrade the quality of the ambient air below the standards established by the director. A.R.S. § 49-421(2).

11. "Air pollution control equipment" means equipment used to eliminate, reduce or control the emission of air pollutants into the ambient air.

12. "Air quality control region" (AQCR) means an area so designated by the Administrator pursuant to Section 107 of the Act and includes the following regions in Arizona:

a. Maricopa Intrastate Air Quality Control Region which is comprised of the County of Maricopa.

b. Pima Intrastate Air Quality Control Region which is comprised of the County of Pima.

c. Northern Arizona Intrastate Air Quality Control Region which encompasses the counties of Apache, Coconino, Navajo, and Yavapai.

d. Mohave-Yuma Intrastate Air Quality Control Region which encompasses the counties of La Paz, Mohave, and Yuma.

e. Central Arizona Intrastate Air Quality Control Region which encompasses the counties of Gila and Pinal.

f. Southeast Arizona Intrastate Air Quality Control Region which encompasses the counties of Cochise, Graham, Greenlee, and Santa Cruz.

13. "Allowable emissions" means the emission rate of a stationary source calculated using both the maximum rated capacity of the source, unless the source is subject to federally enforceable limits which restrict the operating rate or hours of operation, and the most stringent of the following:

a. The applicable standards as set forth in 40 CFR 60, 61 and 63 ;

b. The applicable emissions limitations approved into the state implementation plan, including those with a future compliance date; or,

c. The emissions rate specified as a federally enforceable permit condition, including those with a future compliance date.

14. "Ambient air" means that portion of the atmosphere, external to buildings, to which the general public has access.

15. "Applicable implementation plan" means those provisions of the state implementation plan approved by the Administrator or a federal implementation plan promulgated for Arizona or any portion of Arizona in accordance with Title I of the Act.

16. "Applicable requirement" means any of the following:

a. Any federal applicable requirement.

b. Any other requirement established pursuant to this Chapter or A.R.S. Title 49, Chapter 3.

17. "Arizona Testing Manual" means sections 1 and 7 of the Arizona Testing Manual for Air Pollutant Emissions amended as of March 1992 (and no future editions).

18. "ASTM" means the American Society for Testing and Materials.

19. "Attainment area" means any area that has been identified in regulations promulgated by the Administrator as being in compliance with national ambient air quality standards.

"Begin actual construction" means, initiation of physical on-site construction activities on an emissions unit which are of a permanent nature. With respect to a change in method of operation this term refers to those onsite activities, other than preparatory activities, which mark the initiation of the change .

a. For purposes of title I, parts C and D and section 112 of the clean air act, and for purposes of applicants that require permits containing limits designed to avoid the application of title I, parts C and D and section 112 of the clean air act, these activities include installation of building supports and foundations, laying of underground pipework, and construction of permanent storage structures but do not include any of the following, subject to subsection (20)(c):

i. Clearing and grading, including demolition and removal of existing structures and equipment, stripping and stockpiling of topsoil.

ii. Installation of access roads, driveways and parking lots.

iii. Installation of ancillary structures, including fences, office buildings and temporary storage structures, that are not a necessary component of an emissions unit or associated air pollution control equipment for which the permit is required.

iv. Ordering and onsite storage of materials and equipment.

b. For purposes other than those identified in subsection (20)(a), these activities do not include any of the following, subject to subsection (20)(c):

i. Clearing and grading, including demolition and removal of existing structures and equipment, stripping and stockpiling of topsoil and earthwork cut and fill for foundations.

ii. Installation of access roads, parking lots, driveways and storage areas.

iii. Installation of ancillary structures, including fences, warehouses, storerooms and office buildings, provided none of these structures impacts the design of any emissions unit or associated air pollution control equipment.

iv. Ordering and onsite storage of materials and equipment.

v. Installation of underground pipework, including water, sewer, electric and telecommunications utilities.

vi. Installation of building and equipment supports, including concrete forms, footers, pilings, foundations, pads and platforms, provided none of these supports impacts the design of any emissions unit or associated air pollution control equipment.

c. An applicant's performance of any activities that are excluded from the definition of "begin actual construction" under subsection (20)(a) or (b) shall be at the applicant's risk and shall not reduce the applicant's obligations under this Chapter. The director shall evaluate an application for a permit or permit revision and make a decision on the same basis as if the activities allowed under subsection (20)(a) or (b) had not occurred. A.R.S. § 49-401.01(7).

21. "Best available control technology" (BACT) means an emission limitation, including a visible emissions standard, based on the maximum degree of reduction for each regulated NSR pollutant which would be emitted from any proposed major source or major modification, taking into account energy, environmental, and economic impact and other costs, determined by the Director in accordance with R18-2-406(A)(4) to be achievable for such source or modification.

22. "Btu" means British thermal unit, which is the quantity of heat required to raise the temperature of one pound of water 1°F.

23. "Categorical sources" means the following classes of sources:

a. Coal cleaning plants with thermal dryers;

b. Kraft pulp mills;

c. Portland cement plants;

d. Primary zinc smelters;

e. Iron and steel mills;

f. Primary aluminum ore reduction plants;

g. Primary copper smelters;

h. Municipal incinerators capable of charging more than 50 tons of refuse per day;

i. Hydrofluoric, sulfuric, or nitric acid plants;

j. Petroleum refineries;

k. Lime plants;

l. Phosphate rock processing plants;

m. Coke oven batteries;

n. Sulfur recovery plants;

o. Carbon black plants using the furnace process;

p. Primary lead smelters;

q. Fuel conversion plants;

r. Sintering plants;

s. Secondary metal production plants;

t. Chemical process plants, which shall not include ethanol production facilities that produce ethanol by natural fermentation included in North American Industry Classification System codes 325193 or 312140;

u. Fossil-fuel boilers, combinations thereof, totaling more than 250 million Btus per hour heat input;

v. Petroleum storage and transfer units with a total storage capacity more than 300,000 barrels;

w. Taconite ore processing plants;

x. Glass fiber processing plants;

y. Charcoal production plants;

z. Fossil-fuel-fired steam electric plants and combined cycle gas turbines of more than 250 million Btus per hour heat input.

24. "Categorically exempt activities" means any of the following:

a. Any combination of diesel-, natural gas- or gasoline-fired engines with cumulative power equal to or less than 145 horsepower.

b. Natural gas-fired engines with cumulative power equal to or less than 155 horsepower.

c. Gasoline-fired engines with cumulative power equal to or less than 200 horsepower.

d. Any of the following emergency or stand-by engines used for less than 500 hours in each calendar year, provided the permittee keeps records documenting the hours of operation of the engines:

i. Any combination of diesel-, natural gas- or gasoline-fired emergency engines with cumulative power equal to or less than 2,500 horsepower.

ii. Natural gas-fired emergency engines with cumulative power equal to or less than 2,700 horsepower.

iii. Gasoline-fired emergency engines with cumulative power equal to or less than 3,700 horsepower.

e. Any combination of boilers with a cumulative maximum design heat input capacity of less than 10 million Btu/hr.

25. "CFR" means the Code of Federal Regulations, amended as of July 1, 2011, (and no future editions), with standard references in this Chapter by Title and Part, so that " 40 CFR 51 " means Title 40 of the Code of Federal Regulations, Part 51.

26. "Charge" means the addition of metal bearing materials, scrap, or fluxes to a furnace, converter or refining vessel.

27. "Clean coal technology" means any technology, including technologies applied at the precombustion, combustion, or post-combustion stage, at a new or existing facility that will achieve significant reductions in air emissions of sulfur dioxide or oxides of nitrogen associated with the utilization of coal in the generation of electricity, or process steam, that was not in widespread use as of November 15, 1990.

28. "Clean coal technology demonstration project" means a project using funds appropriated under the heading "Department of Energy - Clean Coal Technology," up to a total amount of $2,500,000,000 for commercial demonstration of clean coal technology or similar projects funded through appropriations for the Environmental Protection Agency. The federal contribution for a qualifying project shall be at least 20% of the total cost of the demonstration project.

29. "Coal" means all solid fossil fuels classified as anthracite, bituminous, subbituminous, or lignite by ASTM D-388-91, (Classification of Coals by Rank).

30. "Combustion" means the burning of matter.

31. "Commence" means, as applied to construction of a source, or a major modification as defined in Article 4 of this Chapter, that the owner or operator has all necessary preconstruction approvals or permits and either has:

a. Begun, or caused to begin, a continuous program of actual onsite construction of the source, to be completed within a reasonable time; or

b. Entered into binding agreements or contractual obligations, which cannot be cancelled or modified without substantial loss to the owner or operator, to undertake a program of actual construction of the source to be completed within a reasonable time.

"Construction" means any physical change or change in the method of operation, including fabrication, erection, installation, demolition, or modification of an emissions unit, which would result in a change in emissions.

33. "Continuous monitoring system" means a CEMS, CERMS, or CPMS.

"Continuous emissions monitoring system" or "CEMS" means the total equipment, required under the emission monitoring provisions in this Chapter, used to sample, condition (if applicable), analyze, and provide, on a continuous basis, a permanent record of emissions.

35. "Continuous emissions rate monitoring system" or "CERMS" means the total equipment required for the determination and recording of the pollutant mass emissions rate (in terms of mass per unit of time).

36. "Continuous parameter monitoring system" or "CPMS" means the total equipment, required under the emission monitoring provisions in this Chapter, to monitor process or control device operational parameters (for example, control device secondary voltages and electric currents) or other information (for example, gas flow rate, O₂or CO₂ concentrations) and to provide, on a continuous basis, a permanent record of monitored values.

37. "Controlled atmosphere incinerator" means one or more refractory-lined chambers in which complete combustion is promoted by recirculation of gases by mechanical means.

"Conventional air pollutant" means any pollutant for which the Administrator has promulgated a primary or secondary national ambient air quality standard. A.R.S. § 49-401.01(12).

"Department" means the Department of Environmental Quality. A.R.S. § 49-101(2).

"Director" means the director of environmental quality who is also the director of the department. A.R.S. § 49-101(3).

41. "Discharge" means the release or escape of an effluent from a source into the atmosphere.

42. "Dust" means finely divided solid particulate matter occurring naturally or created by mechanical processing, handling or storage of materials in the solid state.

43. "Dust suppressant" means a chemical compound or mixture of chemical compounds added with or without water to a dust source for purposes of preventing air entrainment.

44. "Effluent" means any air contaminant which is emitted and subsequently escapes into the atmosphere.

45. "Electric utility steam generating unit" means any steam electric generating unit that is constructed for the purpose of supplying more than one-third of its potential electric output capacity and more than 25 MW electrical output to any utility power distribution system for sale. Any steam supplied to a steam distribution system for the purpose of providing steam to a steam-electric generator that would produce electrical energy for sale is also considered in determining the electrical energy output capacity of the affected facility.

46. "Emission" means an air contaminant or gas stream, or the act of discharging an air contaminant or a gas stream, visible or invisible.

47. "Emission standard" or "emission limitation" means a requirement established by the state, a local government, or the Administrator which limits the quantity, rate, or concentration of emissions of air pollutants on a continuous basis, including any requirements which limit the level of opacity, prescribe equipment, set fuel specifications, or prescribe operation or maintenance procedures for a source to assure continuous emission reduction.

48. "Emissions unit" means any part of a stationary source which emits or would have the potential to emit any regulated air pollutant and includes an electric steam generating unit.

49. "Equivalent method" means any method of sampling and analyzing for an air pollutant which has been demonstrated under R18-2-311(D) to have a consistent and quantitatively known relationship to the reference method, under specified conditions.

50. "Excess emissions" means emissions of an air pollutant in excess of an emission standard as measured by the compliance test method applicable to such emission standard.

51. "Federal applicable requirement" means any of the following (including requirements that have been promulgated or approved by EPA through rulemaking at the time of issuance but have future effective compliance dates):

a. Any standard or other requirement provided for in the applicable implementation plan approved or promulgated by EPA through rulemaking under Title I of the Act that implements the relevant requirements of the Act, including any revisions to that plan promulgated in 40 CFR 52.

b. Any term or condition of any preconstruction permits issued pursuant to regulations approved or promulgated through rulemaking under Title I, including parts C or D, of the Act.

c. Any standard or other requirement under section 111 of the Act, including 111(d).

d. Any standard or other requirement under section 112 of the Act, including any requirement concerning accident prevention under section 112(r)(7) of the Act.

e. Any standard or other requirement of the acid rain program under Title IV of the Act or the regulations promulgated thereunder and incorporated pursuant to R18-2-333.

f. Any requirements established pursuant to section 504(b) or section 114(a)(3) of the Act.

g. Any standard or other requirement governing solid waste incineration, under section 129 of the Act.

h. Any standard or other requirement for consumer and commercial products, under section 183(e) of the Act.

i. Any standard or other requirement for tank vessels under section 183(f) of the Act.

j. Any standard or other requirement of the program to control air pollution from outer continental shelf sources, under section 328 of the Act.

k. Any standard or other requirement of the regulations promulgated to protect stratospheric ozone under Title VI of the Act, unless the Administrator has determined that such requirements need not be contained in a Title V permit.

l. Any national ambient air quality standard or maximum increase allowed under R18-2-218 or visibility requirement under Part C of Title I of the Act, but only as it would apply to temporary sources permitted pursuant to section 504(e) of the Act.

52. "Federal Land Manager" means, with respect to any lands in the United States, the secretary of the department with authority over such lands.

"Federally enforceable" means all limitations and conditions which are enforceable by the Administrator under the Act, including all of the following:

a. The requirements of the new source performance standards and national emission standards for hazardous air pollutants.

b. The requirements of such other state or county rules or regulations approved by the Administrator, including the requirements of state and county operating and new source review permit and registration programs that have been approved by the Administrator. Notwithstanding this subsection, the condition of any permit or registration designated as being enforceable only by the state is not federally enforceable.

c. The requirements of any applicable implementation plan.

d. Emissions limitations, controls, and other requirements, and any associated monitoring, recordkeeping, and reporting requirements that are included in a permit pursuant to R18-2-306.01 or R18-2-306.02.

54. "Federally listed hazardous air pollutant" means a pollutant listed pursuant to R18-2-1701(9).

55. "Final permit" means the version of a permit issued by the Department after completion of all review required by this Chapter.

56. "Fixed capital cost" means the capital needed to provide all the depreciable components.

57. "Fuel" means any material which is burned for the purpose of producing energy.

58. "Fuel burning equipment" means any machine, equipment, incinerator, device or other Article, except stationary rotating machinery, in which combustion takes place.

59. "Fugitive emissions" means those emissions which could not reasonably pass through a stack, chimney, vent, or other functionally equivalent opening.

60. "Fume" means solid particulate matter resulting from the condensation and subsequent solidification of vapors of melted solid materials.

61. "Fume incinerator" means a device similar to an afterburner installed for the purpose of incinerating fumes, gases and other finely divided combustible particulate matter not previously burned.

"Good engineering practice (GEP) stack height" means a stack height meeting the requirements described in R18-2-332.

63. "Hazardous air pollutant" means any federally listed hazardous air pollutant.

64. "Heat input" means the quantity of heat in terms of Btus generated by fuels fed into the fuel burning equipment under conditions of complete combustion.

65. "Incinerator" means any equipment, machine, device, contrivance or other Article, and all appurtenances thereof, used for the combustion of refuse, salvage materials or any other combustible material except fossil fuels, for the purpose of reducing the volume of material.

66. "Indian governing body" means the governing body of any tribe, band, or group of Indians subject to the jurisdiction of the United States and recognized by the United States as possessing power of self-government.

67. "Indian reservation" means any federally recognized reservation established by Treaty, Agreement, Executive Order, or Act of Congress.

68. "Insignificant activity" means any of the following activities:

a. Liquid Storage and Piping

i. Petroleum product storage tanks containing the following substances, provided the applicant lists and identifies the contents of each tank with a volume of 350 gallons or more and provides threshold values for throughput or capacity or both for each such tank: diesel fuels and fuel oil in storage tanks with capacity of 40,000 gallons or less, lubricating oil, transformer oil, and used oil.

ii. Gasoline storage tanks with capacity of 10,000 gallons or less.

iii. Storage and piping of natural gas, butane, propane, or liquified petroleum gas, provided the applicant lists and identifies the contents of each stationary storage vessel with a volume of 350 gallons or more and provides threshold values for throughput or capacity or both for each such vessel.

iv. Piping of fuel oils, used oil and transformer oil, provided the applicant includes a system description.

v. Storage and handling of drums or other transportable containers where the containers are sealed during storage, and covered during loading and unloading, including containers of waste and used oil regulated under the federal Resource Conservation and Recovery Act, 42 U.S.C. 6901-6992(k). Permit applicants must provide a description of material in the containers and the approximate amount stored.

vi. Storage tanks of any size containing exclusively soaps, detergents, waxes, greases, aqueous salt solutions, aqueous solutions of acids that are not regulated air pollutants, or aqueous caustic solutions, provided the permit applicant specifies the contents of each storage tank with a volume of 350 gallons or more.

vii. Electrical transformer oil pumping, cleaning, filtering, drying and the re-installation of oil back into transformers.

b. Internal combustion engine-driven compressors, internal combustion engine-driven electrical generator sets, and internal combustion engine-driven water pumps used for less than 500 hours per calendar year for emergency replacement or standby service, provided the permittee keeps records documenting the hours of operation of this equipment.

c. Low Emitting Processes

i. Batch mixers with rated capacity of 5 cubic feet or less.

ii. Wet sand and gravel production facilities that obtain material from subterranean and subaqueous beds, whose production rate is 200 tons/hour or less, and whose permanent in-plant roads are paved and cleaned to control dust. This does not include activities in emissions units which are used to crush or grind any non-metallic minerals.

iii. Powder coating operations.

iv. Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing.

v. Blast-cleaning equipment using a suspension of abrasive in water and any exhaust system or collector serving them exclusively.

vi. Plastic pipe welding.

d. Site Maintenance

i. Housekeeping activities and associated products used for cleaning purposes, including collecting spilled and accumulated materials at the source, including operation of fixed vacuum cleaning systems specifically for such purposes.

ii. Sanding of streets and roads to abate traffic hazards caused by ice and snow.

iii. Street and parking lot striping.

iv. Architectural painting and associated surface preparation for maintenance purposes at industrial or commercial facilities.

e. Sampling and Testing

i. Noncommercial (in-house) experimental, analytical laboratory equipment which is bench scale in nature, including quality control/quality assurance laboratories supporting a stationary source and research and development laboratories.

ii. Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions but that are not regulated as emission units.

f. Ancillary Non-Industrial Activities

i. General office activities, such as paper shredding, copying, photographic activities, and blueprinting, but not to include incineration.

ii. Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) where the product is used at a source in the same manner as normal consumer use.

iii. Activities directly used in the diagnosis and treatment of disease, injury or other medical condition.

g. Miscellaneous Activities

i. Installation and operation of potable, process and waste water observation wells, including drilling, pumping, filtering apparatus.

ii. Transformer vents.

69. "Kraft pulp mill" means any stationary source which produces pulp from wood by cooking or digesting wood chips in a water solution of sodium hydroxide and sodium sulfide at high temperature and pressure. Regeneration of the cooking chemicals through a recovery process is also considered part of the kraft pulp mill.

70. "Lead" means elemental lead or alloys in which the predominant component is lead.

71. "Lime hydrator" means a unit used to produce hydrated lime product.

"Lime plant" includes any plant which produces a lime product from limestone by calcination. Hydration of the lime product is also considered to be part of the source.

73. "Lime product" means any product produced by the calcination of limestone.

74. "Major modification" is defined as follows:

a. A major modification is any physical change in or change in the method of operation of a major source that would result in both a significant emissions increase of any regulated NSR pollutant and a significant net emissions increase of that pollutant from the stationary source.

b. Any emissions increase or net emissions increase that is significant for nitrogen oxides or volatile organic compounds is significant for ozone.

c. For the purposes of this definition, none of the following is a physical change or change in the method of operation:

i. Routine maintenance, repair, and replacement;

ii. Use of an alternative fuel or raw material by reason of an order under sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. 792 - 825r;

iii. Use of an alternative fuel by reason of an order or rule under section 125 of the Act;

iv. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste;

v. For purposes of determining the applicability of R18-2-403 through R18-2-405 or R18-2-411, any of the following:

(1) Use of an alternative fuel or raw material by a stationary source that the source was capable of accommodating before December 21, 1976, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976 under 40 CFR 52.21 or under Articles 3 or 4 of this Chapter; or

(2) Use of an alternative fuel or raw material by a stationary source that the source is approved to use under any permit issued under R18-2-403;

(3) An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition established after December 21, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter.

vi. For purposes of determining the applicability of R18-2-406 through R18-2-408 or R18-2-410, any of the following:

(1) Use of an alternative fuel or raw material by a stationary source that the source was capable of accommodating before January 6, 1975, unless the change would be prohibited under any federally enforceable permit condition established after January 6, 1975 under 40 CFR 52.21 or under Articles 3 or 4 of this Chapter;

(2) Use of an alternative fuel or raw material by a stationary source that the source is approved to use under any permit issued under 40 CFR 52.21, or under R18-2-406; or

(3) An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition established after January 6, 1975, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter.

vii. Any change in ownership at a stationary source;

viii. [Reserved.]

ix. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with:

(1) The SIP, and

(2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated;

x. For electric utility steam generating units located in attainment and unclassifiable areas only, the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, if the project does not result in an increase in the potential to emit any regulated pollutant emitted by the unit. This exemption applies on a pollutant-by-pollutant basis; and

xi. For electric utility steam generating units located in attainment and unclassifiable areas only, the reactivation of a very clean coal-fired electric utility steam generating unit.

d. This definition shall not apply with respect to a particular regulated NSR pollutant when the major source is complying with the requirements of R18-2-412 for a PAL for that regulated NSR pollutant. Instead, the definition of PAL major modification in R18-2-401(20) shall apply.

75. "Major source" means:

a. A major source as defined in R18-2-401.

b. A major source under section 112 of the Act:

i. For pollutants other than radionuclides, any stationary source that emits or has the potential to emit, in the aggregate, including fugitive emission 10 tons per year (tpy) or more of any hazardous air pollutant which has been listed pursuant to section 112(b) of the Act, 25 tpy or more of any combination of such hazardous air pollutants, or such lesser quantity as described in Article 11 of this Chapter. Notwithstanding the preceding sentence, emissions from any oil or gas exploration or production well (with its associated equipment) and emissions from any pipeline compressor or pump station shall not be aggregated with emissions from other similar units, whether or not such units are in a contiguous area or under common control, to determine whether such units or stations are major sources; or

ii. For radionuclides, "major source" shall have the meaning specified by the Administrator by rule.

c. A major stationary source, as defined in section 302 of the Act, that directly emits or has the potential to emit, 100 tpy or more of any air pollutant including any major source of fugitive emissions of any such pollutant. The fugitive emissions of a stationary source shall not be considered in determining whether it is a major stationary source for the purposes of section 302(j) of the Act, unless the source belongs to a section 302(j) category.

"Malfunction" means any sudden and unavoidable failure of air pollution control equipment, process equipment or a process to operate in a normal and usual manner, but does not include failures that are caused by poor maintenance, careless operation or any other upset condition or equipment breakdown which could have been prevented by the exercise of reasonable care.

77. "Minor source" means a source of air pollution which is not a major source for the purposes of Article 4 of this Chapter and over which the Director, acting pursuant to A.R.S. § 49-402(B), has asserted jurisdiction.

78. "Minor source baseline area" means the air quality control region in which the source is located.

"Mobile source" means any combustion engine, device, machine or equipment that operates during transport and that emits or generates air contaminants whether in motion or at rest. A.R.S. § 49-401.01(23).

"Modification" or "modify" means a physical change in or change in the method of operation of a source that increases the emissions of any regulated air pollutant emitted by such source by more than any relevant de minimis amount or that results in the emission of any regulated air pollutant not previously emitted by more than such de minimis amount. An increase in emissions at a minor source shall be determined by comparing the source's potential to emit before and after the modification. The following exemptions apply:

a. A physical or operational change does not include routine maintenance, repair or replacement.

b. An increase in the hours of operation or if the production rate is not considered an operational change unless such increase is prohibited under any permit condition that is legally and practically enforceable by the department.

c. A change in ownership at a source is not considered a modification. A.R.S. § 49-401.01(24).

81. "Monitoring device" means the total equipment, required under the applicable provisions of this Chapter, used to measure and record, if applicable, process parameters.

82. "Motor vehicle" means any self-propelled vehicle designed for transporting persons or property on public highways.

83. "Multiple chamber incinerator" means three or more refractory-lined combustion chambers in series, physically separated by refractory walls and interconnected by gas passage ports or ducts.

"Natural conditions" includes naturally occurring phenomena that reduce visibility as measured in terms of light extinction, visual range, contrast, or coloration.

"National ambient air quality standard" means the ambient air pollutant concentration limits established by the Administrator pursuant to section 109 of the Act. A.R.S. § 49-401.01(25).

86. "National emission standards for hazardous air pollutants" or "NESHAP" means standards adopted by the Administrator under section 112 of the Act.

87. "Necessary preconstruction approvals or permits" means those permits or approvals required under the Act and those air quality control laws and rules which are part of the SIP.

88. "Net emissions increase" means:

a. The amount by which the sum of subsections (88)(a)(i) and (ii) exceeds zero:

i. The increase in emissions of a regulated NSR pollutant from a particular physical change or change in the method of operation at a stationary source as calculated pursuant to R18-2-402(D); and

ii. Any other increases and decreases in actual emissions of the regulated NSR pollutant at the source that are contemporaneous with the particular change and are otherwise creditable.

iii. For purposes of calculating increases and decreases in actual emissions under subsection (88)(a)(ii), baseline actual emissions shall be determined as provided in the definition of baseline actual emissions in R18-2-401(2), except that R18-2-401(2)(a)(iii) and (b)(iv) shall not apply.

b. An increase or decrease in actual emissions is contemporaneous with the increase from the particular change only if it occurs between:

i. The date five years before a complete application for a permit or permit revision authorizing the particular change is submitted or actual construction of the particular change begins, whichever occurs earlier, and

ii. The date that the increase from the particular change occurs.

c. For purposes of determining the applicability of R18-2-403 through R18-2-405 or R18-2-411, an increase or decrease in actual emissions is creditable only if the Director has not relied on it in issuing a permit or permit revision under R18-2-403, which permit is in effect when the increase in actual emissions from the particular change occurs. For purposes of determining the applicability of R18-2-406 through R18-2-408 or R18-2-410, an increase or decrease in actual emissions is creditable only if the Director has not relied on it in issuing a permit under R18-2-406, which permit is in effect when the increase in actual emissions from the particular change occurs.

d. An increase or decrease in actual emissions of sulfur dioxide, nitrogen oxides, PM₁₀, or PM_2.5 which occurs before the applicable minor source baseline date, as defined in R18-2-218, is creditable only if it is required to be considered in calculating the amount of maximum allowable increases remaining available.

e. An increase in actual emissions is creditable only to the extent that the new level of actual emissions exceeds the old level.

f. A decrease in actual emissions is creditable only to the extent that it satisfies all of the following conditions:

i. The old level of actual emissions or the old level of allowable emissions, whichever is lower, exceeds the new level of actual emissions.

ii. It is enforceable as a practical matter at and after the time that actual construction on the particular change begins.

iii. It has approximately the same qualitative significance for public health and welfare as that attributed to the increase from the particular change.

iv. The emissions unit was actually operated and emitted the specific pollutant.

v. For purposes of determining the applicability of R18-2-403 through R18-2-405 or R18-2-411, the Director has not relied on it in issuing any permit, permit revision, or registration under Article 4, R18-2-302.01, (or) R18-2-334, and the state has not relied on it in demonstrating attainment or reasonable further progress.

g. An increase that results from a physical change at a source occurs when the emissions unit on which construction occurred becomes operational and begins to emit a particular pollutant. Any replacement unit, as defined in R18-2-401(24), that requires shakedown becomes operational only after a reasonable shakedown period, not to exceed 180 days.

h. Subsection (2)(a) shall not apply for determining creditable increases and decreases.

89. "New source" means any stationary source of air pollution which is subject to a new source performance standard.

"New source performance standards" or "NSPS" means standards adopted by the Administrator under section 111(b) of the Act.

91. "Nitric acid plant" means any facility producing nitric acid 30% to 70% in strength by either the pressure or atmospheric pressure process.

"Nitrogen oxides" means all oxides of nitrogen except nitrous oxide, as measured by test methods set forth in the Appendices to 40 CFR 60.

93. "Nonattainment area" means an area so designated by the Administrator acting pursuant to section 107 of the Act as exceeding national primary or secondary ambient air standards for a particular pollutant or pollutants.

"Nonpoint source" means a source of air contaminants which lacks an identifiable plume or emission point.

95. "Opacity" means the degree to which emissions reduce the transmission of light and obscure the view of an object in the background.

96. "Operation" means any physical or chemical action resulting in the change in location, form, physical properties, or chemical character of a material.

97. "Owner or operator" means any person who owns, leases, operates, controls, or supervises an affected facility or a stationary source.

98. "Particulate matter" means any airborne finely divided solid or liquid material with an aerodynamic diameter smaller than 100 micrometers.

99. "Particulate matter emissions" means all finely divided solid or liquid materials other than uncombined water, emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311.

"Permitting authority" means the department or a county department, agency or air pollution control district that is charged with enforcing a permit program adopted pursuant to A.R.S. § 49-480(A). A.R.S. § 49-401.01(28).

101. "Permitting exemption thresholds" for a regulated minor NSR pollutant means the following:

| Regulated Air Pollutant | Emission Rate in tons per year (TPY) | | --- | --- | | PM_2.5 (primary emissions only; levels for precursors are set below) | 5 | | PM₁₀ | 7.5 | | SO₂ | 20 | | NOx | 20 | | VOC | 20 | | CO | 50 | | Pb | 0.3 |

"Person" means any public or private corporation, company, partnership, firm, association or society of persons, the federal government and any of its departments or agencies, the state and any of its agencies, departments or political subdivisions, as well as a natural person.

"Planning agency" means an organization designated by the governor pursuant to 42 U.S.C. 7504. A.R.S. § 49-401.01(29).

104. "PM_2.5" means particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated according to 40 CFR 53.

105. "PM₁₀" means particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method contained within 40 CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53.

"PM₁₀ emissions" means finely divided solid or liquid material, with an aerodynamic diameter less than or equal to a nominal 10 micrometers emitted to the ambient air as measured by applicable test methods and procedures described in R18-2-311.

107. "Plume" means visible effluent.

108. "Pollutant" means an air contaminant the emission or ambient concentration of which is regulated pursuant to this Chapter.

"Portable source" means any stationary source that is capable of being operated at more than one location.

"Potential to emit" or "potential emission rate" means the maximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design if the limitation or the effect it would have on emissions is legally and practically enforceable by the Department or a county under A.R.S. Title 49, Chapter 3; any rule, ordinance, order or permit adopted or issued under A.R.S. Title 49, Chapter 3 or the state implementation plan.

111. "Predictive Emissions Monitoring System" or "PEMS" means the total equipment, required under the emission monitoring provisions in this Chapter, to monitor process and control device operational parameters (for example, control device secondary voltages and electric currents) and other information (for example, gas flow rate, O2 or CO2 concentrations), and calculate and record the mass emissions rate (for example, lb/hr) on a continuous basis.

"Primary ambient air quality standards" means the ambient air quality standards which define levels of air quality necessary, with an adequate margin of safety, to protect the public health, as specified in Article 2 of this Chapter.

113. "Process" means one or more operations, including equipment and technology, used in the production of goods or services or the control of by-products or waste.

114. "Project" means a physical change in, or change in the method of operation of, an existing major source.

115. "Proposed final permit" means the version of a Class I permit or Class I permit revision that the Department proposes to issue and forwards to the Administrator for review in compliance with R18-2-307(A) . A proposed final permit constitutes a final and enforceable authorization to begin actual construction of, but not to operate, a new Class I source or a modification to a Class I source.

116. "Proposed permit" means the version of a permit for which the Director offers public participation under R18-2-330 or affected state review under R18-2-307(D).

117. "Reactivation of a very clean coal-fired electric utility steam generating unit" means any physical change or change in the method of operation associated with commencing commercial operations by a coal-fired utility unit after a period of discontinued operation if the unit:

a. Has not been in operation for the two-year period before enactment of the Clean Air Act Amendments of 1990, and the emissions from the unit continue to be carried in the Director's emissions inventory at the time of enactment;

b. Was equipped before shutdown with a continuous system of emissions control that achieves a removal efficiency for sulfur dioxide of no less than 85% and a removal efficiency for particulates of no less than 98%;

c. Is equipped with low-NOx burners before commencement of operations following reactivation; and

d. Is otherwise in compliance with the Act.

"Reasonable further progress" means the schedule of emission reductions defined within a nonattainment area plan as being necessary to come into compliance with a national ambient air quality standard by the primary standard attainment date.

119. "Reasonably available control technology" (RACT) means devices, systems, process modifications, work practices or other apparatus or techniques that are determined by the Director to be reasonably available taking into account:

a. The necessity of imposing the controls in order to attain and maintain a national ambient air quality standard;

b. The social, environmental, energy and economic impact of the controls;

c. Control technology in use by similar sources; and

d. The capital and operating costs and technical feasibility of the controls.

120. "Reclaiming machinery" means any machine, equipment device or other Article used for picking up stored granular material and either depositing this material on a conveyor or reintroducing this material into the process.

121. "Reference method" means the methods of sampling and analyzing for an air pollutant as described in the Arizona Testing Manual; 40 CFR 50, Appendices A through K; 40 CFR 51, Appendix M; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C, as incorporated by reference in 18 A.A.C. 2, Appendix 2.

122. "Regulated air pollutant" means any of the following:

a. Any conventional air pollutant.

b. Nitrogen oxides and volatile organic compounds.

c. Any pollutant that is subject to a new source performance standard.

d. Any pollutant that is subject to a national emission standard for hazardous air pollutants or other requirements established under section 112 of the Act, including sections 112(g), (j), and (r), including the following:

i. Any pollutant subject to requirements under section 112(j) of the act. If the administrator fails to promulgate a standard by the date established pursuant to section 112(e) of the act, any pollutant for which a subject source would be major shall be considered to be regulated on the date 18 months after the applicable date established pursuant to section 112(e) of the Act; and

ii. Any pollutant for which the requirements of section 112(g)(2) of the Act have been met, but only with respect to the individual source subject to the section 112(g)(2) requirement.

e. Any Class I or II substance subject to a standard promulgated under title VI of the Act.

123. "Regulated minor NSR pollutant" means any pollutant for which a national ambient air quality standard has been promulgated and the following precursors for such pollutants:

a. VOC and nitrogen oxides as precursors to ozone.

b. Nitrogen oxides and sulfur dioxide as precursors to PM_2.5.

124. "Regulated NSR pollutant" is defined as follows:

a. For purposes of determining the applicability of R18-2-403 through R18-2-405 and R18-2-411, regulated NSR pollutant means any pollutant for which a national ambient air quality standard has been promulgated and any pollutant identified under this subsection as a constituent of or precursor to such pollutant, provided that such constituent or precursor pollutant may only be regulated under NSR as part of the regulation of the general pollutant. Precursors for purposes of NSR are the following:

i. Volatile organic compounds and nitrogen oxides are precursors to ozone in all areas.

ii. Sulfur dioxide is a precursor to PM_2.5 in all areas.

iii. Nitrogen oxides are precursors to PM_2.5 in all areas.

iv. VOC and ammonia are precursors to PM_2.5 in PM_2.5 nonattainment areas.

b. For all other purposes, regulated NSR pollutant means the pollutants identified in subsection (a) and the following:

i. Any pollutant that is subject to any new source performance standard except greenhouse gases as defined in 40 CFR 86.1818-12(a).

ii. Any Class I or II substance subject to a standard promulgated under or established by Title VI of the Act as of July 1, 2011.

iii. Any pollutant that is otherwise subject to regulation under the Act, except greenhouse gases as defined in 40 CFR 86.1818-12(a).

c. Notwithstanding subsections (124)(a) and (b), the term regulated NSR pollutant shall not include any or all hazardous air pollutants either listed in section 112 of the Act, or added to the list pursuant to section 112(b)(2) of the Act, unless the listed hazardous air pollutant is also regulated as a constituent or precursor of a general pollutant listed under section 108 of the Act.

d. PM_2.5 emissions and PM₁₀ emissions shall include gaseous emissions from a source or activity which condense to form particulate matter at ambient temperatures. On and after January 1, 2011, condensable particulate matter shall be accounted for in applicability determinations and in establishing emissions limitations for PM_2.5 and PM₁₀ in permits issued under Article 4.

125. "Repowering" means:

a. Replacing an existing coalfired boiler with one of the following clean coal technologies:

i. Atmospheric or pressurized fluidized bed combustion;

ii. Integrated gasification combined cycle;

iii. Magnetohydrodynamics;

iv. Direct and indirect coalfired turbines;

v. Integrated gasification fuel cells; or

vi. As determined by the Administrator, in consultation with the United States Secretary of Energy, a derivative of one or more of the above technologies; and

vii. Any other technology capable of controlling multiple combustion emissions simultaneously with improved boiler or generation efficiency and with significantly greater waste reduction relative to the performance of technology in widespread commercial use as of November 15, 1990.

b. Repowering also includes any oil, gas, or oil and gasfired unit that has been awarded clean coal technology demonstration funding as of January 1, 1991, by the United States Department of Energy.

c. The Director shall give expedited consideration to permit applications for any source that satisfies the requirements of this subsection (and) is granted an extension under section 409 of the Act.

126. "Run" means the net period of time during which an emission sample is collected, which may be, unless otherwise specified, either intermittent or continuous within the limits of good engineering practice.

127. "Secondary ambient air quality standards" means the ambient air quality standards which define levels of air quality necessary to protect the public welfare from any known or anticipated adverse effects of a pollutant, as specified in Article 2 of this Chapter.

128. "Secondary emissions" means emissions which are specific, well defined, quantifiable, occur as a result of the construction or operation of a major source or major modification, but do not come from the major source or major modification itself, and impact the same general area as the stationary source or modification which causes the secondary emissions. Secondary emissions include emissions from any offsite support facility which would not otherwise be constructed or increase its emissions except as a result of the construction or operation of the major source or major modification. Secondary emissions do not include any emissions which come directly from a mobile source, such as emissions from the tailpipe of a motor vehicle, from a train, or from a vessel.

129. "Section 302(j) category" means:

a. Any of the classes of sources listed in the definition of categorical source in subsection (23); or

b. Any category of affected facility which, as of August 7, 1980, is being regulated under section 111 or 112 of the Act.

"Shutdown" means the cessation of operation of any air pollution control equipment or process equipment for any purpose, except routine phasing out of process equipment.

"Significant" means, in reference to a significant emissions increase, a net emissions increase, a stationary source's potential to emit or a stationary source's maximum capacity to emit with any elective limits as defined in R18-2-301(13):

a. A rate of emissions of conventional pollutants that would equal or exceed any of the following:

| Pollutant | Emissions Rate | | --- | --- | | Carbon monoxide | 100 tons per year (tpy) | | Nitrogen oxides | 40 tpy | | Sulfur dioxide | 40 tpy | | PM₁₀ | 15 tpy | | PM_2.5 | 10 tpy of direct PM_2.5 emissions; 40 tpy of sulfur dioxide emissions; 40 tpy of nitrogen oxide emissions. | | Ozone | 40 tpy of VOC or nitrogen oxides | | Lead | 0.6 tpy |

b. For purposes of determining the applicability of R18-2-302(B)(2) or R18-2-406, in addition to the rates specified in subsection (131)(a), a rate of emissions of non-conventional pollutants that would equal or exceed any of the following:

| Pollutant | Emissions Rate | | --- | --- | | Particulate matter | 25 tpy | | Fluorides | 3 tpy | | Sulfuric acid mist | 7 tpy | | Hydrogen sulfide (H₂S) | 10 tpy | | Total reduced sulfur (including H₂S) | 10 tpy | | Reduced sulfur compounds (including H₂S) | 10 tpy | | Municipal waste combustor organics (measured as total tetra-through octa-chlorinated dibenzo-p-dioxins and dibenzofurans) | 3.5 x 10^-6 tpy | | Municipal waste combustor metals (measured as particulate matter) | 15 tpy | | Municipal waste combustor acid gases (measured as sulfur dioxide and hydrogen chloride) | 40 tpy | | Municipal solid waste landfill emissions (measured as nonmethane organic compounds) | 50 tpy | | Any regulated NSR pollutant not specifically listed in this subsection (or) subsection (131)(a), except for ammonia. | Any emission rate |

c. In ozone nonattainment areas classified as serious or severe, the emission rate for nitrogen oxides or VOC determined under R18-2-405.

d. In a carbon monoxide nonattainment area classified as serious, a rate of emissions that would equal or exceed 50 tons per year, if the Administrator has determined that stationary sources contribute significantly to carbon monoxide levels in that area.

e. In PM_2.5 nonattainment areas, an emission rate that would equal or exceed 40 tons per year of VOC as a precursor of PM2.5.

f. In PM_2.5 nonattainment areas, for purposes of determining the applicability of R18-2-403 or R18-2-404, an emission rate that would equal or exceed 40 tons per year of ammonia, as a precursor to PM_2.5. This subsection shall take effect on the effective date of the Administrator's action approving it as part of the state implementation plan.

g. Notwithstanding the emission rates listed in subsection (131)(a) or (b), for purposes of determining the applicability of R18-2-406, any emissions rate or any net emissions increase associated with a major source or major modification, which would be constructed within 10 kilometers of a Class I area and have an impact on the ambient air quality of such area equal to or greater than 1 µg/m³ (24-hour average).

"Significant emissions increase" means, for a regulated NSR pollutant, an increase in emissions that is significant as defined in this Section for that pollutant.

133. "Smoke" means particulate matter resulting from incomplete combustion.

"Source" means any building, structure, facility or installation that may cause or contribute to air pollution or the use of which may eliminate, reduce or control the emission of air pollution. A.R.S. § 49-401.01(23).

135. "Stack" means any point in a source designed to emit solids, liquids, or gases into the air, including a pipe or duct but not including flares.

"Stack in existence" means that the owner or operator had either:

a. Begun, or caused to begin, a continuous program of physical onsite construction of the stack;

b. Entered into binding agreements or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time.

137. "Start-up" means the setting into operation of any air pollution control equipment or process equipment for any purpose except routine phasing in of process equipment.

138. "State implementation plan" or "SIP" means the accumulated record of enforceable air pollution control measures, programs and plans adopted by the Director and submitted to and approved by the Administrator pursuant to 42 U.S.C. 7410.

139. "Stationary rotating machinery" means any gas engine, diesel engine, gas turbine, or oil fired turbine operated from a stationary mounting and used for the production of electric power or for the direct drive of other equipment.

140. "Stationary source" means any building, structure, facility or installation which emits or may emit any regulated NSR pollutant, any regulated air pollutant or any pollutant listed under section 112(b) of the act. "Building," "structure," "facility," or "installation" means all of the pollutant-emitting activities which belong to the same industrial grouping, are located on one or more contiguous or adjacent properties, and are under the control of the same person or persons under common control. Pollutant-emitting activities shall be considered as part of the same industrial grouping if they belong to the same "Major Group" as described in the "Standard Industrial Classification Manual, 1987."

141. "Subject to regulation" means, for any air pollutant, that the pollutant is subject to either a provision in the Act, or a nationally-applicable regulation codified by the administrator in 40 CFR chapter I, subchapter C, that requires actual control of the quantity of emissions of that pollutant, and that such a control requirement has taken effect and is operative to control, limit or restrict the quantity of emissions of that pollutant released from the regulated activity.

142. "Sulfuric acid plant" means any facility producing sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, or acid sludge, but does not include facilities where conversion to sulfuric acid is utilized as a means of preventing emissions of sulfur dioxide or other sulfur compounds to the atmosphere.

143. "Temporary clean coal technology demonstration project" means a clean coal technology demonstration project operated for five years or less, and that complies with the applicable implementation plan and other requirements necessary to attain and maintain the national ambient air quality standards during the project and after the project is terminated.

144. "Temporary source" means a source which is portable, as defined in A.R.S. § 49-401.01(23) and which is not an affected source.

145. "Total reduced sulfur" (TRS) means the sum of the sulfur compounds, primarily hydrogen sulfide, methyl mercaptan, dimethyl sulfide, and dimethyl disulfide, that are released during kraft pulping and other operations and measured by Method 16 in 40 CFR 60, Appendix A.

146. "Trivial activities" means activities and emissions units, such as the following, that may be omitted from a permit or registration application. Certain of the following listed activities include qualifying statements intended to exclude similar activities:

a. Low-Emitting Combustion

i. Combustion emissions from propulsion of mobile sources;

ii. Emergency or backup electrical generators at residential locations;

iii. Portable electrical generators that can be moved by hand from one location to another. "Moved by hand" means capable of being moved without the assistance of any motorized or non-motorized vehicle, conveyance, or device;

b. Low- Or Non-Emitting Industrial Activities

i. Blacksmith forges;

ii. Hand-held or manually operated equipment used for buffing, polishing, carving, cutting, drilling, sawing, grinding, turning, routing or machining of ceramic art work, precision parts, leather, metals, plastics, fiberboard, masonry, carbon, glass, or wood;

iii. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that do not result in emission of HAP metals. Brazing, soldering, and welding equipment, and cutting torches related to manufacturing and construction activities that emit HAP metals are insignificant activities based on size or production level thresholds. Brazing, soldering, and welding equipment, and cutting torches directly related to plant maintenance and upkeep and repair or maintenance shop activities that emit HAP metals are treated as trivial and listed separately in this definition;

iv. Drop hammers or hydraulic presses for forging or metalworking;

v. Air compressors and pneumatically operated equipment, including hand tools;

vi. Batteries and battery charging stations, except at battery manufacturing plants;

vii. Drop hammers or hydraulic presses for forging or metalworking;

viii. Equipment used exclusively to slaughter animals, not including other equipment at slaughterhouses, such as rendering cookers, boilers, heating plants, incinerators, and electrical power generating equipment;

ix. Hand-held applicator equipment for hot melt adhesives with no VOC in the adhesive formulation;

x. Equipment used for surface coating, painting, dipping, or spraying operations, except those that will emit VOC or HAP;

xi. CO2 lasers used only on metals and other materials that do not emit HAP in the process;

xii. Electric or steam-heated drying ovens and autoclaves, but not the emissions from the articles or substances being processed in the ovens or autoclaves or the boilers delivering the steam;

xiii. Salt baths using nonvolatile salts that do not result in emissions of any regulated air pollutants;

xiv. Laser trimmers using dust collection to prevent fugitive emissions;

xv. Process water filtration systems and demineralizers;

xvi. Demineralized water tanks and demineralizer vents;

xvii. Oxygen scavenging or de-aeration of water;

xviii. Ozone generators;

xix. Steam vents and safety relief valves;

xx. Steam leaks; and

xxi. Steam cleaning operations and steam sterilizers;

xxii. Use of vacuum trucks and high pressure washer/cleaning equipment within the stationary source boundaries for cleanup and in-source transfer of liquids and slurried solids to waste water treatment units or conveyances;

xxiii. Equipment using water, water and soap or detergent, or a suspension of abrasives in water for purposes of cleaning or finishing.

xxiv. Electric motors.

c. Building and Site Maintenance Activities

i. Plant and building maintenance and upkeep activities, including grounds-keeping, general repairs, cleaning, painting, welding, plumbing, re-tarring roofs, installing insulation, and paving parking lots, if these activities are not conducted as part of a manufacturing process, are not related to the source's primary business activity, and do not otherwise trigger a permit revision. Cleaning and painting activities qualify as trivial activities if they are not subject to VOC or hazardous air pollutant control requirements;

ii. Repair or maintenance shop activities not related to the source's primary business activity, not including emissions from surface coating, de-greasing, or solvent metal cleaning activities, and not otherwise triggering a permit revision;

iii. Janitorial services and consumer use of janitorial products;

iv. Landscaping activities;

v. Routine calibration and maintenance of laboratory equipment or other analytical instruments;

vi. Sanding of streets and roads to abate traffic hazards caused by ice and snow;

vii. Street and parking lot striping;

viii. Caulking operations which are not part of a production process.

d. Incidental, Non-Industrial Activities

i. Air-conditioning units used for human comfort that do not have applicable requirements under Title VI of the Act;

ii. Ventilating units used for human comfort that do not exhaust air pollutants into the ambient air from any manufacturing, industrial or commercial process;

iii. Tobacco smoking rooms and areas;

iv. Non-commercial food preparation;

v. General office activities, such as paper shredding, copying, photographic activities, pencil sharpening and blueprinting, but not including incineration;

vi. Laundry activities, except for dry-cleaning and steam boilers;

vii. Bathroom and toilet vent emissions;

viii. Fugitive emissions related to movement of passenger vehicles, if the emissions are not counted for applicability purposes under subsection (146)(c) of the definition of major source in this Section and any required fugitive dust control plan or its equivalent is submitted with the application;

ix. Use of consumer products, including hazardous substances as that term is defined in the Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) where the product is used at a source in the same manner as normal consumer use;

x. Activities directly used in the diagnosis and treatment of disease, injury or other medical condition;

xi. Circuit breakers;

xii. Adhesive use which is not related to production.

e. Storage, Piping and Packaging

i. Storage tanks, vessels, and containers holding or storing liquid substances that will not emit any VOC or HAP;

ii. Storage tanks, reservoirs, and pumping and handling equipment of any size containing soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if appropriate lids and covers are used;

iii. Chemical storage associated with water and wastewater treatment where the water is treated for consumption and/or use within the permitted facility;

iv. Chemical storage associated with water and wastewater treatment where the water is treated for consumption and/or use within the permitted facility;

v. Storage cabinets for flammable products;

vi. Natural gas pressure regulator vents, excluding venting at oil and gas production facilities;

vii. Equipment used to mix and package soaps, vegetable oil, grease, animal fat, and nonvolatile aqueous salt solutions, if appropriate lids and covers are used;

f. Sampling and Testing

i. Vents from continuous emissions monitors and other analyzers;

ii. Bench-scale laboratory equipment used for physical or chemical analysis, but not laboratory fume hoods or vents;

iii. Equipment used for quality control, quality assurance, or inspection purposes, including sampling equipment used to withdraw materials for analysis;

iv. Hydraulic and hydrostatic testing equipment;

v. Environmental chambers not using HAP gases;

vi. Soil gas sampling;

vii. Individual sampling points, analyzers, and process instrumentation, whose operation may result in emissions but that are not regulated as emission units;

g. Safety Activities

i. Fire suppression systems;

ii. Emergency road flares;

h. Miscellaneous Activities

i. Shock chambers;

ii. Humidity chambers;

iii. Solar simulators;

iv. Cathodic protection systems;

v. High voltage induced corona; and

vi. Filter draining.

147. "Unclassified area" means an area which the Administrator, because of a lack of adequate data, is unable to classify as an attainment or nonattainment area for a specific pollutant, and which, for purposes of this Chapter, is treated as an attainment area.

148. "Uncombined water" means condensed water containing analytical trace amounts of other chemical elements or compounds.

149. "Urban or suburban open area" means an unsubdivided tract of land surrounding a substantial urban development of a residential, industrial, or commercial nature and which, though near or within the limits of a city or town, may be uncultivated, used for agriculture, or lie fallow.

150. "Vacant lot" means a subdivided residential or commercial lot which contains no buildings or structures of a temporary or permanent nature.

"Vapor" means the gaseous form of a substance normally occurring in a liquid or solid state.

152. "Visibility impairment" means any humanly perceptible change in visibility (light extinction, visual range, contrast, coloration) from that which would have existed under natural conditions.

153. "Visible emissions" means any emissions which are visually detectable without the aid of instruments and which contain particulate matter.

154. "Volatile organic compounds" or "VOC" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, that participates in atmospheric photochemical reactions. This includes any such organic compound other than the following:

a. Methane;

b. Ethane;

c. Methylene chloride (dichloromethane);

d. 1,1,1-trichloroethane (methyl chloroform);

e. 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113);

f. Trichlorofluoromethane (CFC-11);

g. Dichlorodifluoromethane (CFC-12);

h. Chlorodifluoromethane (HCFC-22);

i. Trifluoromethane (HFC-23);

j. 1,2-dichloro 1,1,2,2-tetrafluoroethane (CFC-114);

k. Chloropentafluoroethane (CFC-115);

l. 1,1,1-trifluoro 2,2-dichloroethane (HCFC-123);

m. 1,1,1,2-tetrafluoroethane (HFC-134(a));

n. 1,1-dichloro 1-fluoroethane (HCFC-141(b));

o. 1-chloro 1,1-difluoroethane (HCFC-142(b));

p. 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124);

q. Pentafluoroethane (HFC-125);

r. 1,1,2,2-tetrafluoroethane (HFC-134);

s. 1,1,1-trifluoroethane (HFC-143(a));

t. 1,1-difluoroethane (HFC-152(a));

u. Parachlorobenzotrifluoride (PCBTF);

v. Cyclic, branched, or linear completely methylated siloxanes;

w. Acetone;

x. Perchloroethylene (tetrachloroethylene);

y. 3,3-dichloro-1,1,1,2,2-pentafluoropropane (HCFC-225(ca));

z. 1,3-dichloro-1,1,2,2,3-pentafluoropropane (HCFC-225(cb));

aa. 1,1,1,2,3,4,4,5,5,5-decafluoropentane (HFC 43-10mee);

bb. Difluoromethane (HFC-32);

cc. Ethylfluoride (HFC-161);

dd. 1,1,1,3,3,3-hexafluoropropane (HFC-236(fa));

ee. 1,1,2,2,3-pentafluoropropane (HFC-245(ca));

ff. 1,1,2,3,3-pentafluoropropane (HFC-245(ea));

gg. 1,1,1,2,3-pentafluoropropane (HFC-245(eb));

hh. 1,1,1,3,3-pentafluoropropane (HFC-245(fa));

ii. 1,1,1,2,3,3-hexafluoropropane (HFC-236(ea));

jj. 1,1,1,3,3-pentafluorobutane (HFC-365(mfc));

kk. Chlorofluoromethane (HCFC-31);

ll. 1 chloro-1-fluoroethane (HCFC-151(a));

mm. 1,2-dichloro-1,1,2-trifluoroethane (HCFC-123(a));

nn. 1,1,1,2,2,3,3,4,4-nonafluoro-4-methoxy-butane (C₄F₉OCH₃);

oo. 2-(difluoromethoxymethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OCH₃);

pp. 1-ethoxy-1,1,2,2,3,3,4,4,4-nonafluorobutane (C₄F₉OC₂H₅);

qq. 2-(ethoxydifluoromethyl)-1,1,1,2,3,3,3-heptafluoropropane ((CF₃)₂CFCF₂OC₂H₅;

rr. Methyl acetate; and

ss. 1,1,1,2,2,3,3-heptafluoro-3-methoxypropane (n-C₃F7OCH₃, HFE""7000);

tt. 3-ethoxy-1,1,1,2,3,4,4,5,5,6,6,6-dodecafluoro-2-(trifluoromethyl) hexane (HFE "" 7500);

uu. 1,1,1,2,3,3,3-hentafluoropropane (HFC 227ea);

vv. Methyl formate (HCOOCH3): and

ww. (1) 1,1,1,2,2,3,4,5,5,5-decafluoro-3-methoxy-4-trifluoromethyl-pentane (HFE""7300);

xx. Propylene carbonate;

yy. Dimethyl carbonate; and

zz. Trans -1,3,3,3-tetrafluoropropene;

aaa. HCF2OCF2H (HFE-134);

bbb. HCF2OCF2OCF2H (HFE-236(cal2));

ccc. HCF2OCF2CF2OCF2H (HFE-338(pcc13));

ddd. HCF2OCF2OCF2CF2OCF2H (H-Galden 1040x or H-Galden ZT 130 (or 150 or 180));

eee. Trans 1-chloro-3,3,3- trifluoroprop-1-ene;

fff. 2,3,3,3-tetrafluoropropene;

ggg. 2-amino-2-methyl-1-propanol; and

hhh. Perfluorocarbon compounds that fall into these classes:

i. Cyclic, branched, or linear, completely fluorinated alkanes.

ii. Cyclic, branched, or linear, completely fluorinated ethers with no unsaturations.

iii. Cycle, branched, or linear, completely fluorinated tertiary amines with no unsaturations; or

iv. Sulfur containing perfluorocarbons with no unsaturations and with sulfur bonds only to carbon and fluorine.

v. The following compound is VOC for purposes of all recordkeeping, emissions reporting, photochemical dispersion modeling and inventory requirements which apply to VOC and shall be uniquely identified in emission reports, but is not VOC for purposes of VOC emissions limitations or VOC content requirements: t-butyl acetate.

155. "Wood waste burner" means an incinerator designed and used exclusively for the burning of wood wastes consisting of wood slabs, scraps, shavings, barks, sawdust or other wood material, including those that generate steam as a by-product.

History

• Former Section R9-3-101 repealed, new Section R9-3-101 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, paragraph (133) (Supp. 80-1). Editorial correction, paragraph (58) (Supp. 80-2). Amended effective July 9, 1980. Amended by adding new paragraphs (24), (55), (102), and (115) and renumbering accordingly, effective August 29, 1980 (Supp. 80-4). Amended effective May 28, 1982 (Supp. 82-3). Amended effective September 22, 1983 (Supp. 83-5). Amended paragraph (133), added paragraph (156) and renumbered accordingly effective September 28, 1984 (Supp. 84-5). Amended paragraph (29) by deleting (aa) and (bb) effective August 9, 1985 (Supp. 85-4). Former Section R9-3-101 renumbered without change as R18-2-101 (Supp. 87-3). Amended paragraph (98) effective December 1, 1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective October 7, 1994 (Supp. 94-4). Amended effective February 28, 1995 (Supp. 95-1). Amended effective August 1, 1995 (Supp. 95-3). Amended effective January 31, 1997; filed with the Office of Secretary of State January 10, 1997 (Supp. 97-1). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 3630, effective 2/1/2020. Amended by final exepedited rulemaking at 28 A.A.R. 1135, effective 5/4/2022. Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-102 Incorporated Materials

A. The following documents are incorporated by reference and are on file with the Office of the Secretary of State (1700 W. Washington St., Suite 103, Phoenix, AZ 85007) and the Department (1110 W. Washington St., Phoenix, AZ 85007):

1. Sections 1 and 7 of the Department's "Arizona Testing Manual for Air Pollutant Emissions," amended as of March 1992 (and no future editions).

2. All ASTM test methods referenced in this Chapter as of the year specified in the reference (and no future amendments). They are available from the American Society for Testing and Materials, 1916 Race St., Philadelphia, PA 19103-1187.

3. The U.S. Government Printing Office's "Standard Industrial Classification Manual, 1987" (and no future editions).

B. The Code of Federal Regulations is published by the United States Government Printing Office, 732 North Capital Street, NW, Washington, DC 20401-0001, is on file with the Department of Environmental Quality, 1110 West Washington Street, Phoenix, Arizona 85007, and is available at the Arizona State Library, Archives & Public Records, 1700 West Washington Street, Phoenix, Arizona 85007 and at other Federal depositary libraries in the state (see http://catalog.gpo.gov/fdlpdir/FDLPdir.jsp?st_12=AZ&flag=searchp). It is also available online at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

History

• Adopted effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-103 Applicable Implementation Plan; Savings

No rule adopted in this Chapter shall preempt or nullify any applicable requirement or emission standard in an applicable implementation plan unless the Director revises the applicable implementation plan in conformance with the requirements of 40 CFR 51, Subpart F, and the Administrator approves the revision.

History

• Adopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

Article 2 AMBIENT AIR QUALITY STANDARDS; AREA DESIGNATIONS; CLASSIFICATIONS

Ariz. Admin. Code § R18-2-201 Particulate Matter: PM [10] and PM [2.5]

A. PM₁₀ Standards

1. The level of the primary and secondary ambient air quality standards for PM₁₀ is 150 micrograms per cubic meter of PM₁₀ - 24hour average concentration.

2. To determine attainment of the primary and secondary standards, a person shall measure PM₁₀ in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix J, and designated according to 40 CFR 53 ; or

b. An equivalent method designated according to 40 CFR 53.

3. The primary and secondary 24-hour ambient air quality standards for PM₁₀ are attained when the expected number of days per calendar year with a 24-hour average concentration above 150 micrograms per cubic meter, determined according to 40 CFR 50, Appendix K, is less than or equal to one.

B. PM_2.5 Standards

1. The primary ambient air quality standards for PM_2.5 are:

a. 12 micrograms per cubic meter of PM_2.5 - annual arithmetic mean concentration.

b. 35 micrograms per cubic meter of PM_2.5 - 24-hour average concentration.

2. The secondary ambient air quality standards for PM_2.5 are:

a. 15 micrograms per cubic meter of PM_2.5 - annual arithmetic mean concentration.

b. 35 micrograms per cubic meter of PM_2.5 - 24-hour average concentration.

3. To determine attainment of the primary and secondary standards, a person shall measure PM_2.5 in the ambient air by:

a. A reference method based on 40 CFR 50, Appendix L, and designated according to 40 CFR 53 ; or

b. An equivalent method designated according to 40 CFR 53.

4. The primary annual ambient air quality standard for PM_2.5 is met when the annual arithmetic mean concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 12 micrograms per cubic meter.

5. The secondary annual ambient air quality standard for PM_2.5 is met when the annual arithmetic mean concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 15 micrograms per cubic meter.

5 6. The primary and secondary 24-hour ambient air quality standards for PM_2.5 are met when the 98th percentile 24-hour concentration, determined according to 40 CFR 50, Appendix N, is less than or equal to 35 micrograms per cubic meter.

History

• Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-201 repealed, new Section R9-3-201 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (E) (Supp. 80-2). Amended effective August 29, 1980 (Supp. 80-4). Amended subsection(B)(1) and deleted subsections (C) through (E) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-201 renumbered without change as Section R18-2-201 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Section corrected to include subsection (B), which was inadvertently omitted in Supp. 05-3 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-202 Sulfur Oxides (sulfur Dioxide)

A. The primary ambient air quality standards for sulfur oxides, measured as sulfur dioxide, are:

1. 0.03 parts per million (ppm) (80 µg/m3) -- annual arithmetic mean.

2. 0.14 parts per million (ppm) (365 µg/m3) - maximum 24-hour concentration not to be exceeded more than once per calendar year.

3. 75 parts per billion (ppb) - maximum one-hour concentration. The one-hour primary standard is met at an ambient air quality monitoring site when the three-year average of the annual 99th percentile of the daily maximum one-hour average concentrations is less than or equal to 75 parts per billion, as determined according to 40 CFR 50, Appendix T.

B. The secondary ambient air quality standard for sulfur oxides, measured as sulfur dioxide, is 0.5 parts per million (ppm) (1300 µg/m3) -- maximum three-hour concentration not to be exceeded more than once per year.

C. The level of the standards shall be measured by a reference method based on 40 CFR 50, Appendix A or A-1, or by a Federal Equivalent Method designated according to 40 CFR 53.

D. The standards in subsections (A)(1) and (2) shall apply:

1. In an area designated nonattainment for a standard in subsection (A)(1) or (2) as of August 23, 2011, and areas not meeting a state implementation plan call for a standard in subsection (A)(1) or (2), until the state submits pursuant to section 191 of the Act, and the Administrator approves, a state implementation plan providing for attainment the standard in subsection (A)(3) in that area.

2. In areas other than those identified in subsection (D)(1), until the effective date of the designation of that area, pursuant to section 107 of the act, for the standard in subsection (A)(3).

History

• Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-202 repealed, new Section R9-3-202 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended by deleting subsections (C) through (E) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-202 renumbered without change as Section R18-2-202 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-203 Ozone

A. One-hour standard. Until June 15, 2005:

1. The one-hour ambient air quality standard for ozone is 0.12 ppm (235 micrograms per cubic meter).

2. The one-hour secondary ambient air quality standard for ozone is 0.12 ppm (235 micrograms per cubic meter).

3. The one-hour standards are attained when the expected number of days per calendar year with maximum hourly average concentrations above 0.12 ppm (235 micrograms per cubic meter) is less than or equal to 1, determined by 40 CFR 50, Appendix H.

B. Eight-hour averaged standard.

1 A. The eight-hour average primary ambient air quality standard for ozone is 0.070 ppm.

2 B. The eight-hour average secondary ambient air quality standard for ozone is 0.070 ppm.

3 C. To determine attainment of the primary and secondary standards, a person shall measure ozone in the ambient air by:

a 1. A reference method based on 40 CFR 50, Appendix D, and designated according to 40 CFR 53 ; or

b 2. An equivalent method designated according to 40 CFR 53.

4 D. The eight-hour average primary ambient air quality standard for ozone is met at an ambient air quality monitoring site when the three-year average of the annual fourth highest daily maximum eight-hour average ozone concentration is less than or equal to 0.070 ppm, determined according to 40 CFR 50, Appendix U.

History

• Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-204 repealed, new Section R9-3-204 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-204 renumbered without change as Section R18-2-204 (Supp. 87-3). Section R18-2-103 renumbered from R18-2-204 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-204 Carbon Monoxide

A. The primary ambient air quality standards for carbon monoxide are:

1. 9 parts per million (10 milligrams per cubic meter) -- maximum eight-hour concentration not to be exceeded more than once per year.

2. 35 parts per million (40 milligrams per cubic meter) -- maximum one-hour concentration not to be exceeded more than once per year.

B. An eight-hour average shall be considered valid if at least 75% of the hourly averages for the eight-hour period are available. In the event that only six or seven hourly averages are available, the eight-hour average shall be computed on the basis of the hours available using 6 or 7 as the divisor.

C. When summarizing data for comparison with the standards, averages shall be stated to one decimal place. Comparison of the data with the levels of the standards in parts per million shall be made in terms of integers with fractional parts of 0.5 or greater rounding up.

History

• Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-205 repealed, new Section R9-3-205 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-205 renumbered without change as Section R18-2-205 (Supp. 87-3). Former Section R18-2-204 renumbered to R18-2-203, new Section R18-2-204 renumbered from R18-2-205 and amended effective September 26, 1990 (Supp. 90-3).

Ariz. Admin. Code § R18-2-205 Nitrogen Oxides (nitrogen Dioxide)

A. The primary ambient air quality standards for oxides of nitrogen, measured in the ambient air as nitrogen dioxide, are:

1. 53 parts per billion - annual average concentration.

2. 100 parts per billion - one-hour average concentration.

B. The secondary ambient air quality standard for nitrogen dioxide is 0.053 (parts per million (100 micrograms per cubic meter) -- annual arithmetic mean.

C. The levels of the standards shall be measured by a reference method based on 40 CFR 50, Appendix F or a federal equivalent method designated in accordance with 40 CFR 53.

D. The annual primary standard is met when the annual average concentration in a calendar year is less than or equal to 53 ppb, as determined in accordance with 40 CFR, Appendix S for the annual standard.

E. The one-hour primary standard is met when the three-year average of the annual 98th percentile of the daily maximum one-hour average concentration is less than or equal to 100 parts per billion, as determined in accordance with 40 CFR 50, Appendix S.

F. The secondary standard is attained when the annual arithmetic mean concentration in a calendar year is less than or equal to 0.053 ppm, rounded to three decimal places, with fractional parts equal to or greater than 0.0005 ppm rounded up. To demonstrate attainment, an annual mean shall be based upon hourly data that is at least 75% complete or upon data derived from the manual methods, that is at least 75% complete for the scheduled sampling days in each calendar quarter.

History

• Amended effective December 22, 1976 (Supp. 76-5). Former Section R9-3-206 repealed, new Section R9-3-206 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-206 renumbered without change as Section R18-2-206 (Supp. 87-3). Former Section R18-2-205 renumbered to R18-2-204, new Section R18-2-205 renumbered from R18-2-206 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-206 Lead

A. The primary ambient air quality standard for lead and its compounds, measured as elemental lead, is 0.15 micrograms per cubic meter - maximum arithmetic mean averaged over a three-month period.

B. The secondary ambient air quality standard for lead and its compounds, measured as elemental lead, is 0.15 micrograms per cubic meter - maximum arithmetic mean averaged over a three-month period.

C. The level of the standards shall be measured by a reference method based on 40 CFR 50, Appendix G and designated in accordance with 40 CFR 53, or by an equivalent designated in accordance with part 53 of this chapter.

D. The national primary and secondary ambient air quality standards for lead are met when the maximum arithmetic three-month mean concentration for a three-year period, as determined in accordance with 40 CFR 50, Appendix R, is less than or equal to 0.15 micrograms per cubic meter.

E. The former primary and secondary ambient air quality standards for lead of 1.5 micrograms per cubic meter averaged over a calendar quarter shall apply to an area until one year after the effective date of the designation of that area, pursuant to section 107 of the Act, for the standards in subsections (A) and (B).

History

• Former Section R9-3-207 repealed effective May 14, 1979 (Supp. 79-1). New Section R9-3-207 adopted effective October 2, 1979 (Supp. 79-5). Amended effective August 29, 1980 (Supp. 80-4). Amended by deleting subsections (B) through (D) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-207 renumbered without change as Section R18-2-207 (Supp. 87-3). Former Section R18-2-206 renumbered to R18-2-205, new Section R18-2-206 renumbered from R18-2-207 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-207 Renumbered

History

• Former Section R9-3-207 renumbered to R18-2-206 effective September 26, 1990 (Supp. 90-3).

Ariz. Admin. Code § R18-2-208 Reserved

Ariz. Admin. Code § R18-2-209 Reserved

Ariz. Admin. Code § R18-2-210 Attainment, Nonattainment, and Unclassifiable Area Designations

40 CFR 81.303 as amended as of July 1, 2014 (and no future amendments or editions) is incorporated by reference as an applicable requirement and on file with the Department of Environmental Quality. 40 CFR 81.303 is available from the U.S. Government Printing Office, Superintendent of Documents, bookstore.gpo.gov, Mail Stop: SSOP IDCC-SSOM, Washington, D.C. 20402-9328.

History

• Adopted effective November 15, 1993 (Supp. 93-4). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 3305, effective October 3, 2005 (Supp. 05-3). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-211 Reserved

Ariz. Admin. Code § R18-2-212 Reserved

Ariz. Admin. Code § R18-2-213 Reserved

Ariz. Admin. Code § R18-2-214 Reserved

Ariz. Admin. Code § R18-2-215 Ambient Air Quality Monitoring Methods and Procedures

A. Only those methods which have been either designated by the Administrator as reference or equivalent methods or approved by the Director shall be used to monitor ambient air.

B. Quality assurance, monitor siting, and sample probe installation procedures shall be in accordance with procedures described in the Appendices to 40 CFR 58.

C. The Director may approve other procedures upon a finding that the proposed procedures are substantially equivalent or superior to procedures in the Appendices to 40 CFR 58.

History

• Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-215 renumbered without change as Section R18-2-215 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3).

Ariz. Admin. Code § R18-2-216 Interpretation of Ambient Air Quality Standards and Evaluation of Air Quality Data

Unless otherwise specified, interpretation of all ambient air quality standards contained in this Article shall be in accordance with 40 CFR 50, incorporated by reference in Appendix 2 of this Chapter.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-216 repealed, new Section R9-3-216 adopted effective August 29, 1980 (Supp. 80-4). Former Section R9-3-216 renumbered without change as Section R18-2-216 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-217 Designation and Classification of Attainment Areas

A. All areas shall be classified as either Class I, Class II or Class III.

B. All of the following areas which were in existence on August 7, 1977 shall be Class I areas irrespective of attainment status and shall not be redesignated:

1. International parks;

2. National wilderness areas which exceed 5,000 acres in size;

3. National memorial parks which exceed 5,000 acres in size; and

4. National parks which exceed 6,000 acres in size.

C. Areas which were redesignated as Class I under regulations promulgated before August 7, 1977, shall remain Class I, but may be redesignated as provided in this section.

D. Any other area, unless otherwise specified in the legislation creating such an area, is initially designated Class II, but may be redesig-nated as provided in this Section.

C E.The following areas shall be designated only as Class I or II:

1. An area which as of August 7, 1977, exceeds 10,000 acres in size and is one of the following:

a. A national monument,

b. A national primitive area,

c. A national preserve,

d. A national recreational area,

e. A national wild and scenic river,

f. A national wildlife refuge,

g. A national lakeshore or seashore.

2. A national park or national wilderness area established after August 7, 1977, which exceeds 10,000 acres in size.

D. All other areas shall be Class II areas unless redesignated under subsections (E) or (F).

E F. Except as otherwise provided in subsections (B) to (E), the Governor may redesignate areas of the state as Class I or Class II, provided that the following requirements are fulfilled:

1. At least one public hearing is held in or near the area affected in accordance with 40 CFR 51.102;

2. Other states, Indian governing bodies and Federal Land Managers, whose land may be affected by the proposed redesignation are notified at least 30 days prior to the public hearing.

3. A discussion document of the reasons for the proposed redesignation including a description and analysis of health, environmental, economic, social and energy effects of the proposed redesignation is prepared by the Governor or the Governor's designee. The discussion document shall be made available for public inspection at least 30 days prior to the hearing and the notice announcing the hearing shall contain appropriate notification of the availability of such discussion document.

4. Prior to the issuance of notice respecting the redesignation of an area which includes any federal lands, the Governor or the Governor's designee has provided written notice to the appropriate Federal Land Manager and afforded the Federal Land Manager adequate opportunity, not in excess of 60 days, to confer with the state respecting the redesignation and to submit written comments and recommendations. The Governor or the Governor's designee shall publish a list of any inconsistency between such redesignation and such recommendations, together with the reasons for making such redesignation against the recommendation of the Federal Land Manager, if any Federal Land Manager has submitted written comments and recommendations.

5. The redesignation is proposed after consultation with the elected leadership of local governments in the area covered by the proposed redesignation.

6. The redesignation is submitted to the Administrator as a revision to the SIP.

F G. Except as otherwise provided in subsections (B) to (E), the Governor may redesignate areas of the state as Class III if all of the following criteria are met:

1. Such redesignation meets the requirements of subsection (F);

2. Such redesignation has been approved after consultation with the appropriate committee of the legislature if it is in session or with the leadership of the legislature if it is not in session.

3. The general purpose units of local government representing a majority of the residents of the area to be redesignated concur in the redesignation;

4. Such redesignation shall not cause, or contribute to, a concentration of any air pollutant which exceeds any national ambient air quality standard or any maximum increase allowed under R18-2-218;

5. For any new major source as defined in R18-2-401 or a major modification of such source which may be permitted to be constructed and operated only if the area in question is redesignated as Class III, any permit application and materials submitted as part of the application shall be available for public inspection prior to any public hearing on the redesignation of the area as Class III.

6. The redesignation is submitted to the Administrator as a revision to the SIP.

G H.A redesignation shall not be effective until approved by the Administrator as part of an applicable implementation plan. If the Administrator disapproves the redesignation, the classification of the area shall be that which was in effect before the disapproved redesigna-tion.

H I.Lands within the exterior boundaries of Indian reservations may be redesignated only by the appropriate Indian governing body.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (5), subparagraph (d) (Supp. 80-2). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-217 renumbered without change as Section R18-2-217 (Supp. 87-3). Amended and subsection (B) renumbered to Section R18-2-218 effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-218 Limitation of Pollutants in Classified Attainment Areas

A. Areas designated as Class I, II, or III shall be limited to the following increases in air pollutant concentrations occurring over the baseline concentration; provided that for any period other than an annual period, the applicable maximum allowable increase may be exceeded once per year at any one location:

| CLASS I | | | --- | --- | | Maximum Allowable Increase (Micrograms per cubic meter) Particulate matter: PM_2.5 | | | Annual arithmetic mean | 1 | | 24-hr maximum | 2 | | Particulate matter: PM₁₀Annual arithmetic mean | 4 | | 24-hour maximum | 8 | | Sulfur dioxide: | | | Annual arithmetic mean | 2 | | 24-hour maximum | 5 | | 3-hour maximum | 25 | | Nitrogen dioxide: | | | Annual arithmetic mean | 2.5 | | CLASS II | | | Particulate matter: PM_2.5 | | | Annual arithmetic mean | 4 | | 24-hr maximum | 9 | | Particulate matter: PM₁₀ | | | Annual arithmetic mean | 17 | | 24-hour maximum | 30 | | Sulfur dioxide: | | | Annual arithmetic mean | 20 | | 24-hour maximum | 91 | | 3-hour maximum | 512 | | Nitrogen dioxide: | | | Annual arithmetic mean | 25 | | CLASS III | | | Particulate matter: PM_2.5 | | | Annual arithmetic mean | 8 | | 24-hr maximum | 18 | | Particulate matter: PM₁₀ | | | Annual arithmetic mean | 34 | | 24-hour maximum | 60 | | Sulfur dioxide: | | | Annual arithmetic mean | 40 | | 24-hour maximum | 182 | | 3-hour maximum | 700 | | Nitrogen dioxide: | | | Annual arithmetic mean | 50 |

B. The baseline concentration is that ambient concentration level which exists in the baseline area at the time of the applicable minor source baseline data.

1. The major source baseline date is:

a. January 6, 1975, for sulfur dioxide and PM₁₀.

b. February 8, 1988, for nitrogen dioxide.

c. October 20, 2010, for PM_2.5.

2. The minor source baseline date shall be the earliest date after the trigger date on which a major source as defined in R18-2-401 or major modification subject to 40 CFR 52.21 or R18-2-406 submits a complete application under the relevant regulations.

a. The trigger date is:

a i. August 7, 1977, for PM₁₀ and sulfur dioxide.

b ii. February 8, 1988, for nitrogen dioxide.

c iii. October 20, 2011, for PM_2.5.

b. Any minor source baseline date established originally for total suspended particulates shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that the Department may rescind any such minor source baseline date where it can be shown, to the satisfaction of the Department, that the emissions increase from the major source, or the net emissions increase from the major modification, responsible for triggering that date did not result in a significant amount of PM-10 emissions.

3. A baseline concentration shall be determined for each pollutant for which there is a minor source baseline date and shall include both:

a. The actual emissions representative of sources in existence on the minor source baseline date, except as provided in subsection (B)(4); and

b. The allowable emissions of major sources as defined in R18-2-401 which commenced construction before the major source baseline date but were not in operation by the applicable minor source baseline date.

4. The following shall not be included in the baseline concentration and shall affect the applicable maximum allowable increase:

a. Actual emissions from any major source as defined in R18-2-401 on which construction commenced after the major source baseline date; and

b. Actual emissions increases and decreases at any stationary source occurring after the minor source baseline date.

C. The baseline date shall be established for each pollutant for which maximum allowable increases or other equivalent measures have been established if both:

1. The area in which the proposed source or modification would construct is designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act for the pollutant on the date of its complete application under 40 CFR 52.21 or R18-2-406; and

2. In the case of a major source as defined in R18-2-401, the pollutant would be emitted in significant amounts, or in the case of a major modification, there would be a significant net emissions increase of the pollutant.

D. The baseline area shall be the AQCR that contains the area, designated as attainment or unclassifiable under section 107(d)(1)(A)(ii) or (iii) of the Act, in which the major source as defined in R18-2-401 or major modification establishing the minor source baseline date would construct or would have an air quality impact for the pollutant for which the minor source baseline date is established, as follows: greater than or equal to 1 microgram per cubic meter (annual average) for sulfur dioxide, nitrogen dioxide or PM₁₀; or greater than or equal to 0.3 microgram per cubic meter (annual average) for PM_2.5.

1. Area redesignations under section 107(d)(1)(A)(ii) or (iii) of the Act that would redesignate a baseline area may not intersect or be smaller than the area of impact of any new major source as defined in R18-2-401 or a major modification which either:

1 a. Establishes a minor source baseline date, or

2 b. Is subject to either 40 CFR 52.21 or R18-2-406 and would be constructed in Arizona.

2. Any baseline area established originally for total suspended particulates shall remain in effect and shall apply for purposes of determining the amount of available PM-10 increments, except that such baseline area shall not remain in effect if the Department rescinds the corresponding minor source baseline date in accordance with subsection (B)(2)(b).

E. The maximum allowable concentration of any air pollutant in any area to which subsection (A) applies shall not exceed a concentration for each pollutant equal to the concentration permitted under the national ambient air quality standards.

F. For purposes of determining compliance with the maximum allowable increases in ambient concentrations of an air pollutant, the following concentrations of such pollutant shall not be taken into account:

1. Concentration of such pollutant attributable to the increase in emissions from major and stationary sources which have converted from the use of petroleum products, or natural gas, or both, by reason of a natural gas curtailment order which is in effect under the provisions of sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, over the emissions from such sources before the effective date of such order;

2. The concentration of such pollutant attributable to the increase in emissions from major and stationary sources which have converted from using gas by reason of a natural gas curtailment plan in effect pursuant to the Federal Power Act, 16 U.S.C. 792 -825r, over the emissions from such sources before the effective date of the natural gas curtailment plan;

3. Concentrations of PM₁₀ or PM_2.5 attributable to the increase in emissions from construction or other temporary emission related activities of a new or modified source;

4. The increase in concentrations attributable to new sources outside the United States over the concentrations attributable to existing sources which are included in the baseline concentration; and

Concentrations attributable to the temporary increase in emissions of sulfur dioxide, nitrogen oxides, PM_2.5, or PM₁₀ from major sources as defined in R18-2-401 when the following conditions are met:

a. The permits issued to such sources specify the time period during which the temporary emissions increase of sulfur dioxide, nitrogen oxides, PM_2.5 or PM₁₀ would occur. Such time period shall not be renewable and shall not exceed two years.

b. The temporary emissions increase will not:

i. Impact any Class I area or any area where a maximum increase allowed by subsection (A) is known to be violated; or

ii. Cause or contribute to the violation of a national ambient air quality standard.

c. The operating permit issued to such sources specifies that, at the end of the time period described in subsection (F)(5)(a), the emissions levels from the sources would not exceed the levels occurring before the temporary emissions increase was approved.

6. The exception granted by subsections (F)(1) and (2) with respect to maximum increases allowed under subsection (A) shall not apply more than five years after the effective date of the order or natural gas curtailment plan on which the exception is based.

G. If the Director or the Administrator determines that the SIP is substantially inadequate to prevent significant deterioration or that an applicable maximum allowable increase as specified in subsection (A) is being violated, the SIP shall be revised to correct the inadequacy or the violation. The SIP shall be revised within 60 days of such a finding by the Director or within 60 days following notification by the Administrator, or by such later date as prescribed by the Administrator after consultation with the Director.

H. The Director shall review the adequacy of the SIP on a periodic basis and within 60 days of such time as information becomes available that an applicable maximum allowable increase is being violated.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (5), subparagraph (d) (Supp. 80-2). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-217 renumbered without change as Section R18-2-217 (Supp. 87-3). Former Section R18-2-218 renumbered to R18-2-219, new Section R18-2-218 renumbered from R18-2- 217(B) and amended effective September 26, 1990 (Supp. 90-3). Amended effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-219 [REPEALED]

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-218 repealed, new Section R9-3-218 adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-218 renumbered without change as Section R18-2-218 (Supp. 87-3). Former Section R18-2-219 renumbered to R18-2-220, new Section R18-2-219 renumbered from R18-2-218 and amended effective September 26, 1990 (Supp. 90-3). Section repealed by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-220 Air Pollution Emergency Episodes

A. Procedures shall be implemented by the Director in order to prevent the occurrence of ambient air pollutant concentrations which would cause significant harm to the health of persons, as specified in subsection (B)(4). The procedures and actions required for each stage are described in the Department's "Procedures for Prevention of Emergency Episodes," amended as of August 2018 (and no future edition), which is incorporated herein by reference and on file with the Department.

B. The following stages are identified by air quality criteria in order to provide for sequential emissions reductions, public notification and increased Department monitoring and forecast responsibilities. The declaration of any stage, and the area of the state affected, shall be based on air quality measurements and meteorological analysis and forecast.

1. A Stage I air pollution alert shall be declared when any of the alert level concentrations listed in subsection (B)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of alert level concentrations for the same pollutant during the subsequent 24-hour period. If, 48 hours after an alert has been initially declared, air pollution concentrations and meteorological conditions do not improve, the warning stage control actions shall be implemented but no warning shall be declared, unless air quality has deteriorated to the extent described in subsection (B)(2).

2. A Stage II air pollution warning shall be declared when any of the warning level concentrations listed in subsection (B)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of concentrations of the same pollutant exceeding the warning level during the subsequent 24-hour period. If, 48 hours after a warning has been initially declared, air pollution concentrations and meteorological conditions do not improve, the emergency stage shall be declared and its control actions implemented.

3. A Stage III air pollution emergency shall be declared when any of the emergency level concentrations listed in subsection (B)(4) are exceeded at any monitoring site and when meteorological conditions indicate that there will be a continuance or recurrence of concentrations of the same pollutant exceeding the emergency level during the subsequent 24-hour period.

4. Summary of emergency episode and significant harm levels:

| Pollutant | Averaging Time | Alert | Warning | Emergency | Significant Harm | | --- | --- | --- | --- | --- | --- | | Carbon monoxide (mg/ m³) | 1-hr | -- | -- | -- | 144 | | 4-hr | -- | -- | -- | 86.3 | | | 8-hr | 17 | 34 | 46 | 57.5 | | | Nitrogen dioxide (µg/m³) | 1-hr | 1,130 | 2,260 | 3,000 | 3,750 | | 24-hr | 282 | 565 | 750 | 938 | | | Ozone (ppm) | 1-hr | .2 | .4 | .5 | .6 | | PM_2.5 (µg/m³) | 24-hr | 140.5 | 210.5 | 280.5 | 350.5 | | PM₁₀ (µg/m³) | 24-hr | 350 | 420 | 500 | 600 | | Sulfur dioxide (µg/m³) | 24-hr | 800 | 1,600 | 2,100 | 2,620 |

History

• Adopted effective May 14, 1979 (Supp. 79-1). Editorial correction, subsection (B), paragraph (2) (Supp. 80-1). Editorial correction, subsection (A) (Supp. 80-2). Former Section R9-3-219 repealed, new Section R9-3-219 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-219 renumbered without change as Section R18-2-219 (Supp. 87-3). Section R18-2-220 renumbered from R18-2-219 and amended effective September 26, 1990 (Supp. 90-3). Amended by final rulemaking at 25 A.A.R. 888, effective 5/18/2019.

Article 3 PERMITS AND PERMIT REVISIONS

Ariz. Admin. Code § R18-2-301 Definitions

The following definitions apply to this Article:

1. "Alternative method" means any method of sampling and analyzing for an air pollutant which is not a reference or equivalent method but which has been demonstrated to produce results adequate for the Director's determination of compliance in accordance with R18-2-311(D).

2. "Billable permit action" means the issuance or denial of a new permit, significant permit revision, or minor permit revision, or the renewal of an existing permit.

3. "Capacity factor" means the ratio of the average load on a machine or equipment for the period of time considered to the capacity rating of the machine or equipment.

4. "CEM" means a continuous emission monitoring system as defined in R18-2-101.

5. "Complete" means, in reference to an application for a permit, permit revision or registration, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of a permit, permit revisions or registration processing does not preclude the Director from requesting or accepting any additional information.

6. "Dispersion technique" means any technique which attempts to affect the concentration of a pollutant in the ambient air by any of the following:

a. Using that portion of a stack which exceeds good engineering practice stack height;

b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams so as to increase the exhaust gas plume rise. This shall not include any of the following:

i. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream.

ii. The merging of exhaust gas streams under any of the following conditions:

(1) The source owner or operator demonstrates that the facility was originally designed and constructed with such merged gas streams;

(2) After July 8, 1985, such merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that pollutant; or

(3) Before July 8, 1985, such merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the reviewing agency shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the reviewing agency shall deny credit for the effects of such merging in calculating the allowable emissions for the source.

iii. Smoke management in agricultural or silvicultural prescribed burning programs.

iv. Episodic restrictions on residential woodburning and open burning.

v. Techniques which increase final exhaust gas plume rise where the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

7. "Emissions allowable under the permit" means a permit term or condition determined at issuance to be required by an applicable requirement that establishes an emissions limit (including a work practice standard) or an emissions cap that the source has assumed to avoid an applicable requirement to which the source would otherwise be subject.

8. "Fossil fuel-fired steam generator" means a furnace or boiler used in the process of burning fossil fuel for the primary purpose of producing steam by heat transfer.

9. "Fuel oil" means Number 2 through Number 6 fuel oils as specified in ASTM D-396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM D-2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D-975-90a (Specification for Diesel Fuel Oils).

10. "Itemized bill" means a breakdown of the permit processing time into the categories of pre-application activities, completeness review, substantive review, and public involvement activities, and within each category, a further breakdown by employee name.

11. "Major source threshold" means the lowest applicable emissions rate for a pollutant that would cause the source to be a major source at the particular time and location, under the definition of major source in R18-2-101.

12. "Maximum capacity to emit" means the maximum amount a source is capable of emitting under its physical and operational design without taking any limitations on operations or air pollution controls into account.

13. "Maximum capacity to emit with any elective limits" means the maximum amount a source is capable of emitting under its physical and operational design taking into account the effect on emissions of any elective limits included in the source's registration under R18-2-302.01(F) .

12 14. "Minor NSR Modification" means any of the following changes that do not qualify as a major source or major modification:

a. Any physical change in or change in the method of operation of an emission unit or a stationary source that either:

i. Increases the potential to emit of a regulated minor NSR pollutant by an amount greater than or equal to the permitting exemption thresholds, or

ii. Results in emissions of a regulated minor NSR pollutant not previously emitted by such emission unit or stationary source in an amount greater than or equal to the permitting exemption thresholds.

b. Construction of one or more new emissions units that have the potential to emit regulated minor NSR pollutants at an amount greater than or equal to the permitting exemption threshold.

c. A change covered by subsection (12)(a) or (b) of this Section constitutes a minor NSR modification regardless of whether there will be a net decrease in total source emissions or a net increase in total source emissions that is less than the permitting exemption threshold as a result of decreases in the potential to emit of other emission units at the same stationary source.

d. For the purposes of this subsection (the) following do not constitute a physical change or change in the method of operation:

i. A change consisting solely of the construction of, or changes to, a combination of emissions units qualifying as a categorically exempt activity.

ii. For a stationary source that is required to obtain a Class II permit under R18-2-302 and that is subject to source-wide emissions caps under R18-2-306.01 or R18-2-306.02, a change that will not result in the violation of the existing emissions cap for that regulated minor NSR pollutant.

iii. Replacement of an emission unit by a unit with a potential to emit regulated minor NSR pollutants that is less than or equal to the potential to emit of the existing unit, provided the replacement does not cause an increase in emissions at other emission units at the stationary source. A unit installed under this provision is subject to any limits applicable to the unit it replaced.

iv. Routine maintenance, repair, and replacement.

v. Use of an alternative fuel or raw material by reason of an order under Sections 2(a) and (b) of the Energy Supply and Environmental Coordination Act of 1974, 15 U.S.C. 792, or by reason of a natural gas curtailment plan under the Federal Power Act, 16 U.S.C. 792 to 825r.

vi. Use of an alternative fuel by reason of an order or rule under Section 125 of the Act.

vii. Use of an alternative fuel at a steam generating unit to the extent that the fuel is generated from municipal solid waste.

viii. Use of an alternative fuel or raw material by a stationary source that either:

(1) The source was capable of accommodating before December 12, 1976, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter; or

(2) The source is approved to use under any permit issued under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter.

ix. An increase in the hours of operation or in the production rate, unless the change would be prohibited under any federally enforceable permit condition established after December 12, 1976, under 40 CFR 52.21, or under Articles 3 or 4 of this Chapter.

x. Any change in ownership at a stationary source

xi. The installation, operation, cessation, or removal of a temporary clean coal technology demonstration project, if the project complies with:

(1) The SIP, and

(2) Other requirements necessary to attain and maintain the national ambient air quality standards during the project and after it is terminated.

xii. For electric utility steam generating units located in attainment and unclassifiable areas only, the installation or operation of a permanent clean coal technology demonstration project that constitutes repowering, if the project does not result in an increase in the potential to emit any regulated pollutant emitted by the unit. This exemption applies on a pollutant-by-pollutant basis.

xiii. For electric utility steam generating units located in attainment and unclassifiable areas only, the reactivation of a very clean coal-fired electric utility steam generating unit.

e. For purposes of this subsection:

i. "Potential to emit" means the lower of a source's or emission unit's potential to emit or its allowable emissions.

ii. In determining potential to emit, the fugitive emissions of a stationary source shall not be considered unless the source belongs to a section 302(j) category.

iii. All of the roadways located at a stationary source constitute a single emissions unit.

13 15. "NAICS" means the five- or six-digit North American Industry Classification System-United States, 1997, number for industries used by the U.S. Department of Commerce.

14 16. "Permit processing time" means all time spent by Air Quality Division staff or consultants on tasks specifically related to the processing of an application for the issuance or renewal of a particular permit or permit revision, including time spent processing an application that is denied.

15 17. "Quantifiable" means, with respect to emissions, including the emissions involved in equivalent emission limits and emission trades, capable of being measured or otherwise determined in terms of quantity and assessed in terms of character. Quantification may be based on emission factors, stack tests, monitored values, operating rates and averaging times, materials used in a process or production, modeling, or other reasonable measurement practices.

16 18. "Registration" means a registration under R18-2-302.01.

17 19. "Replicable" means, with respect to methods or procedures, sufficiently unambiguous that the same or equivalent results would be obtained by the application of the method or procedure by different users.

18 20. "Responsible official" means one of the following:

a. For a corporation: a president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation, or a duly authorized representative of such person if the representative is responsible for the overall operation of one or more manufacturing, production, or operating facilities applying for or subject to a permit and either:

i. The facilities employ more than 250 persons or have gross annual sales or expenditures exceeding $25 million (in second quarter 1980 dollars); or

ii. The delegation of authority to such representatives is approved in advance by the permitting authority;

b. For a partnership or sole proprietorship: a general partner or the proprietor, respectively;

c. For a municipality, state, federal, or other public agency: Either a principal executive officer or ranking elected official. For the purposes of this Article, a principal executive officer of a federal agency includes the chief executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., a Regional Administrator of EPA); or

d. For affected sources:

i. The designated representative in so far as actions, standards, requirements, or prohibitions under Title IV of the Act or the regulations promulgated thereunder are concerned; and

ii. The designated representative for any other purposes under 40 CFR 70 .

21. "Screening model" means air dispersion modeling performed with screening techniques in accordance with 40 CFR 51, Appendix W as of June 30, 2017 (and no future amendments or additions).

19 22. "Small source" means a source with a potential to emit, without controls, less than the rate defined as permitting exemption thresholds in R18-2-101, but required to obtain a permit solely because it is subject to a standard under 40 CFR 63.

20 23. "Startup" means the setting in operation of a source for any purpose.

21 24. "Synthetic minor" means a source with a permit that contains voluntarily accepted emissions limitations, controls, or other requirements (for example, a cap on production rates or hours of operation, or limits on the type of fuel) under R18-2-306.01 to reduce the potential to emit to a level below the major source threshold.

22. "Uncontrolled potential to emit" means the maximum capacity of a stationary source to emit a pollutant, excluding secondary emissions, under its physical and operational design. Any physical or operational limitation on the capacity of the source to emit a pollutant, including air pollution control equipment and restrictions on hours of operation or on the type or amount of material combusted, stored, or processed, shall be treated as part of its design only if the limitation or the effect it would have on emissions is subject to an elective limit under R18-2-302.01(F) .

History

• Former Section R18-2-301 renumbered to R18-2-302, new Section R18-2-301 adopted effective September 26, 1990 (Supp. 90-3). Correction to table in subsection (A)(13) (Supp. 93-1). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 7 A.A.R. 5670, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 3630, effective 2/1/2020.

Ariz. Admin. Code § R18-2-302 Applicability; Registration; Classes of Permits

A. Except as otherwise provided in this Article, no person shall begin actual construction of, operate, or make a modification to any stationary source subject to regulation under this Article, without obtaining a registration, permit or permit revision from the Director.

B. Class I and II permits and registrations shall be required as follows:

1. A Class I permit shall be required for a person to begin actual construction of or operate any of the following:

a. Any major source,

b. Any solid waste incineration unit required to obtain a permit pursuant to Section 129(e) of the Act,

c. Any affected source, or

d. Any stationary source in a source category designated by the Administrator pursuant to 40 CFR 70.3 and adopted by the Director by rule.

2. Unless a Class I permit is required, a Class II permit shall be required for:

a. A person to begin actual construction of or operate any stationary source that emits, or has the maximum capacity to emit with any elective limits, any regulated NSR pollutant in an amount greater than or equal to the significant level.

b. A person to make a physical or operational change to a stationary source that would cause the source to emit, or have the maximum capacity to emit with any elective limits, any regulated NSR pollutant in an amount greater than or equal to the significant level.

c. A person to begin actual construction of a source subject to Article 17 of this Chapter.

d. A person to make a modification subject to Article 17 of this Chapter to a source for which a permit has not been issued under this Article.

e c. A person to begin actual construction of or modify a stationary source that otherwise would be subject to registration but that the Director has determined requires a permit under R18-2-302.01(C)(4) or (D) .

3. Until the effective date of the Administrator's approval of the registration program in R18-2-302.01 into the state implementation plan, unless a Class I permit is required, a Class II permit shall be required for any of the activities that would require a registration under subsections (B)(4)(b) and (c).

4 3. Unless a Class I or II permit is required, registration shall be required for:

a. A person to begin actual construction of or operate any stationary source that emits or has the maximum capacity to emit any regulated minor NSR pollutant in an amount greater than or equal to a permitting exemption threshold.

b. A person to begin actual construction of or operate any stationary source subject to a standard under section 111 of the Act, except that a stationary source is not required to register solely because it is subject to any of the following standards:

i. 40 CFR 60, Subpart AAA (Residential Wood Heaters).

ii.40 CFR 60, Subpart IIII (Stationary Compression Ignition Internal Combustion Engines).

iii.40 CFR 60, Subpart JJJJ (Stationary Spark Ignition Internal Combustion Engines).

iv.40 CFR 60, Subpart QQQQ (Residential Hydronic Heaters and Forced-Air Furnaces).

c. A person to begin actual construction of or operate any stationary source, including an area source, subject to a standard under section 112 of the Act, except that a stationary source is not required to register solely because it is subject to any of the following standards:

i. 40 CFR 61.145.

ii. 40 CFR 63, Subpart ZZZZ (Reciprocating Internal Combustion Engines).

iii.40 CFR 63, Subpart WWWWW (Ethylene Oxide Sterilizers).

iv.40 CFR 63, Subpart CCCCCC (Gasoline Distribution).

v.40 CFR 63, Subpart HHHHHH (Paint Stripping and Miscellaneous Surface Coating Operations).

vi.40 CFR 63, Subpart JJJJJJ (Industrial, Commercial, and Institutional Boilers Area Sources), published at 76 FR 15554 (March 21, 2011).

vii. A regulation or requirement under section 112(r) of the Act.

d. A physical or operational change to a source that would cause the source to emit or have the maximum capacity to emit any regulated minor NSR pollutant in an amount greater than or equal to the permitting exemption threshold.

C. Notwithstanding subsections (A) and (B), the following stationary sources do not require a permit or registration unless the source is a major source, or unless operation without a permit would result in a violation of the Act:

1. A stationary source that consists solely of a single categorically exempt activity plus any combination of trivial activities.

2. Agricultural equipment used in normal farm operations. "Agricultural equipment used in normal farm operations" does not include equipment classified as a source that requires a permit under Title V of the Act, or that is subject to a standard under 40 CFR 60, 61 or 63.

D. No person may construct or reconstruct any major source of hazardous air pollutants, unless the Director determines that maximum achievable control technology emission limitation (MACT) for new sources under Section 112 of the Act will be met. If MACT has not been established by the Administrator, such determination shall be made on a case-by-case basis pursuant to 40 CFR 63.40 through 63.44, as incorporated by reference in R18-2-1101(B). For purposes of this subsection, constructing and reconstructing a major source shall have the meaning prescribed in 40 CFR 63.41.

E. Elective limits or controls adopted under R18-2-302.01(F) shall not be considered in determining whether a source requires registration or a Class I permit but shall be considered in determining any of the following:

1. Whether the registration is subject to the public participation requirements of R18-2-330, as provided in R18-2-302.01(B)(3).

2. Whether review for possible interference with attainment or maintenance of ambient standards is required under R18-2-302.01(C).

3. Whether the source requires a Class II permit, as provided in subsection (B)(2)(a) or (b).

F. The fugitive emissions of a stationary source shall not be considered in determining whether the source requires a Class II permit under subsection (B)(2)(a) or (b) or a registration under subsection (B)(3)(a) or (d), unless the source belongs to a section 302(j) category. If a permit is required for a stationary source, the fugitive emissions of the source shall be subject to all of the requirements of this Article.

G. Notwithstanding subsections (A) and (B) of this Section, a person may begin actual construction, but not operation, of a source requiring a Class I permit or Class I permit revision upon the Director's issuance of the proposed final permit or proposed final permit revision.

History

• Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2). Amended effective May 10, 1976 (Supp. 76-3). Amended effective April 12, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Former Section R9-3-301 repealed, new Section R9-3-301 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended effective May 28, 1982 (Supp. 82-3). Amended subsections (B) and (C) effective September 22, 1983 (Supp. 83-5). Amended subsection (B), paragraph (3) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-301 renumbered without change as Section R18-2-301 (Supp. 87-3). Former Section R18-2-302 renumbered to R18-2-302.01, new Section R18-2-302 renumbered from R18-2-301 and amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-302.01 Source Registration Requirements

A. Application. An application for registration shall be submitted on the form specified by the Director and shall include the following information:

1. The name of the applicant.

2. The physical location of the source, including the street address, city, county, zip code and latitude and longitude coordinates.

3. The source's maximum capacity to emit with any elective limits each regulated minor NSR pollutant.

4. Identification of any elective limits or controls adopted under subsection (F).

5. In the case of a modification, each increase in the source's maximum capacity to emit with any elective limits that exceeds the applicable threshold in subsection (G)(1)(a).

6. Identification of the method used to determine the maximum capacity to emit under R18-2-302(B)(3)(a), a change in the maximum capacity to emit under R18-2-302(B)(3)(d), or the maximum capacity to emit with any elective limits under subsection (G)(1)(a) of this Section.

Process information for the source, including a list of emission units, design capacity, operations schedule, and identification of emissions control devices.

B. Registration Processing Procedures.

1. The Department shall complete a review of a registration application for administrative completeness within 30 calendar days, calculated in accordance with A.A.C. R18-1-503, after its receipt.

2. The Department shall complete a substantive review and take final action on a registration application within 60 calendar days if no hearing is requested, and 90 calendar days if a hearing is requested, calculated in accordance with A.A.C. R18-1-504, after the application is administratively complete.

a. Except as provided in subsection (B)(5), a registration for construction of a source shall be subject to the public notice and participation requirements of R18-2-330 . The materials relevant to the registration decision made available to the public under R18-2-330(D) shall include any determination made or modeling conducted by the Director under subsection (C).

4. The Department shall also send a copy of the notice required by subsection (B)(3) to the administrator through the appropriate regional office, and to all other state and local air pollution control agencies having jurisdiction in the region in which the source subject to the registration will be located. The notice shall also be sent to any other agency in the region having responsibility for implementing the procedures required under 40 CFR 51, Subpart I.

b 5. A registration for construction of a source shall not be subject to subsection (B)(3) or (4), if the source's maximum capacity to emit with any elective limits each regulated minor NSR pollutant is less than the applicable permitting exemption threshold.

C. Review for National Ambient Air Quality Standards Compliance; Requirement to Obtain a Permit.

1. The Director shall review each application for registration of a source with the maximum capacity to emit with any elective limits any regulated minor NSR pollutant in an amount equal to or greater than the permitting exemption threshold. The purpose of the review shall be to determine whether the new or modified source may interfere with attainment or maintenance of a national ambient air quality standard in any area . In making the determination required by this subsection, the Director shall take into account the following factors

a. The source's emission rates, including fugitive emission rates, taking into account any elective limits or controls adopted under subsection (F).

b. The location of emission units within the facility and their proximity to the ambient air.

c. The terrain in which the source is or will be located.

d. The source type.

e. The location and emissions of nearby sources.

f. Background concentrations of regulated minor NSR pollutants.

C. Review for National Ambient Air Quality Standards Compliance; Requirement to Obtain a Permit.

1. The Director shall review each application for registration of a source with the maximum capacity to emit with any elective limits any regulated minor NSR pollutant in an amount equal to or greater than the permitting exemption threshold. The purpose of the review shall be to determine whether the new or modified source may interfere with attainment or maintenance of a national ambient air quality standard in Arizona or any affected state or Indian reservation. In making the determination required by this subsection, the Director shall take into account the following factors:

a. The source's emission rates, including fugitive emission rates, taking into account any elective limits or controls adopted under subsection (F).

b. The location of emission units within the facility and their proximity to the ambient air.

c. The terrain in which the source is or will be located.

d. The source type.

e. The location and emissions of nearby sources.

f. Background concentrations of regulated minor NSR pollutants.

2. The Director may undertake the review specified in subsection (C)(1) for a source with the maximum capacity to emit with any elective limits regulated minor NSR pollutants in an amount less than the permitting exemption threshold.

3. If the Director determines under subsection (C)(1) or (C)(2) that a source's emissions may interfere with attainment or maintenance of a national ambient air quality standard, the Director shall perform a screening model run for each regulated minor NSR pollutant for which that determination has been made.

4. If the Director determines, based on performance of the screening model pursuant to subsection (C)(3), that a source's emissions, taking into account any elective limits or controls adopted under subsection (F), will interfere with attainment or maintenance of a national ambient air quality standard, the Director shall deny the application for registration. Notwithstanding R18-2-302(B)(3), the owner or operator of the source shall be required to obtain a permit under R18-2-302 and shall comply with R18-2-334 before beginning actual construction of the source or modification.

D. Requirement to Obtain a Permit. Notwithstanding R18-2-302(B)(3)(b) and (c), the Director shall deny an application for registration for a source subject to a standard under section 111 or 112 of the Act and require the owner or operator to obtain a permit under R18-2-302, if the Director determines based on the following factors that the requirement to obtain a permit is warranted:

1. The size and complexity of the source.

2. The complexity of the section 111 or 112 standard applicable to the source.

3. The public health or environmental risks posed by the pollutants subject to regulation under the section 111 or 112 standard.

E. Registration Contents. A registration shall contain the following elements:

Enforceable emission limitations and standards, including operational requirements and limitations, that ensure compliance with all applicable SIP requirements at the time of issuance and any testing, monitoring, recordkeeping and reporting obligations imposed by the applicable requirement or by R18-2-312.

2. Any elective limits or controls and associated operating, maintenance, monitoring and recordkeeping requirements adopted pursuant to subsection (F).

3. A requirement to retain any records required by the registration at the source for at least three years in a form that is suitable for expeditious inspection and review.

4. For any source that has adopted elective limits or controls under subsection (F), a requirement to submit an annual compliance report on the form provided by the Director in the registration.

F. Elective Limits or Controls. The owner or operator of a source requiring registration may elect to include any of the following emission limitations in the registration, provided the Department approves the limitation and the registration also includes the operating, maintenance, monitoring, and recordkeeping requirements specified below for the limitation.

1. A limitation on the hours of operation of any process or combination of processes.

a. The registration shall express the limitation in terms of hours per rolling 12-month period and shall specify the process or combination of processes subject to the limitation.

b. The owner or operator shall maintain a log or readily available business records showing actual operating hours through the preceding operating day for the process or processes subject to the limitation.

2. A limitation on the production rate for any process or combination of processes.

a. The registration shall express the limitation in terms of an appropriate unit of mass or production per rolling 12-month period and shall specify the process or combination of processes subject to the limitation.

b. The owner or operator shall maintain a log or readily available business records showing the actual production rate through the preceding operating day for the process or processes subject to the limitation. The owner or operator shall update the log or business records at least once per operating day.

3. A requirement to operate a fabric filter for the control of particulate matter emissions.

a. The owner or operator shall operate the fabric filter at all times that the emission unit controlled by the fabric filter is operated.

b. The owner or operator shall inspect the fabric filter at least once per month for tears and leaks and shall promptly repair any tears or leaks identified. If the fabric filter is subject to a limit on the opacity of emissions, the inspection shall include an opacity observation in accordance with the applicable reference method.

c. The owner or operator shall operate and maintain the fabric filter in substantial compliance with the manufacturer's operation and maintenance recommendations.

d. The owner or operator shall keep a log or readily available business records of the inspections required by subsection (F)(3)(b) and the maintenance activities required by subsection (F)(3)(c). The owner or operator shall update the log or business records within 24 hours after an inspection or maintenance activity is performed.

e. The registration shall identify the fabric filters and processes subject to this requirement.

4. Limitations on the total amount of VOC or hazardous air pollutants in solvents, coatings or other process materials used at the registered source.

a. The registration shall identify the pollutants and processes covered by the limitations and shall express the limitations in terms of pounds per rolling 12-month period.

b. The owner or operator shall maintain a log or readily available business records showing the concentration of each covered VOC or hazardous air pollutant in each VOC or hazardous air pollutant containing material used at the source. The owner or operator shall update the records whenever the concentration in any material changes or a new material is used. The presence at the source of a current material safety data sheet for a material used without dilution or other alteration satisfies this requirement.

c. The owner or operator shall maintain a spreadsheet or database to record the amount of each material containing a covered VOC or hazardous air pollutant used. The spreadsheet or database shall calculate the total pounds of the VOC or hazardous air pollutant used by multiplying the concentration of VOC or hazardous air pollutant in a material by the amount of material used and shall employ appropriate units of measurement and conversion factors. The owner or operator shall update the spreadsheet or database at least once per operating day.

G. Revised Registrations.

1. Unless a Class II permit is required under R18-2-302(B)(2)(b), the owner or operator of a registered source shall file a revised registration on the occurrence of any of the following:

a. A modification to the source that would result in an increase in the source's maximum capacity to emit with any elective limits exceeding any of the following amounts:

i. 2.5 tons per year for NO_x, SO₂, PM₁₀, PM_2.5, VOC or CO.

ii. 0.3 tons per year for lead.

b. Relocation of a portable source.

c. The transfer of the source to a new owner.

2. The requirements of subsection (B) shall not apply to a revised registration. The owner or operator may begin actual construction and operation of the modified, relocated or transferred source on filing the revised registration.

H. Registration Term.

1. A source's registration shall expire five years after the date of issuance of the last registration for the source or any modification to the source.

2. A source shall submit an application for renewal of a registration not later than six months before expiration of the registration's term.

3. If a source submits a timely and complete application for renewal of a registration, the source's authorization to operate under its existing registration shall continue until the Director takes final action on the application.

The Director may terminate a registration under R18-2-321(C) . If the Director terminates a registration under R18-2-321(C)(3), the owner or operator shall be required to apply for a permit for the source under R18-2-302.

I. Issuance of a registration shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law.

History

• Amended effective August 7, 1975 (Supp. 75-1); Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective October 2, 1979 (Supp. 79-5). Former Section R9-3-302 repealed, new Section R9-3-302 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-302 renumbered without change as Section R18-2-302 (Supp. 87-3). Section R18-2-302.01 renumbered from Section R18-2-302 and amended effective September 26, 1990 (Supp. 90-3). Section repealed effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 3630, effective 2/1/2020.

Ariz. Admin. Code § R18-2-303 Transition from Installation and Operating Permit Program to Unitary Permit Program; Registration Transition; Minor NSR Transition

A. An installation or operating permit issued before September 1, 1993, and the authority to operate, as provided in Laws 1992, Ch. 299, § 65, continues in effect until the installation or operating permit is terminated, or until the Director issues or denies a Class I or Class II permit to the source, whichever is earlier.

B. The terms and conditions of installation permits issued before September 1, 1993, or in permits or permit revisions issued under R18-2-302 and authorizing the construction or modification of a stationary source, remain federal applicable requirements unless modified or revoked by the Director.

C. All sources in existence on September 1, 2012, requiring a registration shall provide notice to the Director by no later than December 1, 2012, on a form provided by the Director.

D. All sources requiring a registration that are in existence on the date R18-2-302.01 becomes effective under R18-2-302.01(I) may submit applications for registration at any time after R18-2-302.01 is effective and shall submit an application no later than 180 days after receipt of written notice from the Director that an application is required.

E. Sources in existence on December 2, 2015 are not subject to R18-2-334, unless the source undertakes a minor NSR modification after that date. Notwithstanding any other provision of this Chapter, R18-2-334 shall apply only to applications for permits or permit revisions filed after December 2, 2015.

History

• Amended effective August 7, 1975 (Supp. 75-1). Amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-303 repealed, new Section R9-3-303 adopted effective October 2, 1979 (Supp. 79-5). Amended effective May 28, 1982 (Supp. 82-3). Amended subsection (D), paragraph (1) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-303 renumbered without change as Section R18-2-303 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-304 Permit Application Processing Procedures

A. Unless otherwise noted, this Section applies to each source requiring a Class I or II permit or permit revision.

B. Standard Application Form and Required Information. To apply for a permit required by this Chapter, applicants shall complete the applicable standard application form provided by the Director and supply all information required by the form's filing instructions. The application forms and filing instructions for Class I Permits shall at a minimum require submission of the following elements:

1. Identifying information, including company name and address (or plant name and address if different from the company name), owner's name and agent, and telephone number and names of plant site manager/contact.

2. A description of the source's processes and products (by Standard Industrial Classification (SIC) Code), including those associated with any proposed alternative operating scenarios (AOS) identified by the source.

3. The following emission-related information:

a. All emissions of pollutants for which the source is major, and all emissions of regulated air pollutants. A permit application shall describe all emissions of regulated air pollutants emitted from any emissions unit, except as otherwise provided in R18-2-304(F)(8) . The Director shall require additional information related to the emissions of air pollutants sufficient to verify which requirements are applicable to the source, and other information necessary to collect any permit fees owed under R18-2-326.

b. Identification and description of all points of emissions described in subsection (B)(3)(a) of this section in sufficient detail to establish the basis for fees and applicability of requirements.

c. Emissions rate in tons per year (tpy) and in such terms as are necessary to establish compliance consistent with the applicable standard reference test method. For emissions units subject to an annual emissions cap, tpy can be reported as part of the aggregate emissions associated with the cap, except where more specific information is needed, including where necessary to determine and/or assure compliance with an applicable requirement.

d. The following information to the extent it is needed to determine or regulate emissions: fuels, fuel use, raw materials, production rates, and operating schedules.

e. Identification and description of air pollution control equipment and compliance monitoring devices or activities.

f. Limitations on source operation affecting emissions or any work practice standards, where applicable, for all regulated pollutants at the Class I source.

g. Other information required by any applicable requirement (including information related to stack height limitations in R18-2-332).

h. Calculations on which the information in subsections (B)(3)(a) through (g) of this section is based.

4. The following air pollution control requirements:

a. Citation and description of all applicable requirements, and

b. Description of or reference to any applicable test method for determining compliance with each applicable requirement.

5. Other specific information that may be necessary to implement and enforce other applicable requirements or to determine the applicability of such requirements.

6. An explanation of any proposed exemptions from otherwise applicable requirements.

7. Additional information as determined to be necessary by the Director to define proposed AOS identified by the source pursuant to R18-2-306(A)(11) or to define permit terms and conditions implementing any AOS under R18-2-306(A)(11) or implementing R18-2-317, R18-2-306(A)(12), R18-2-306(A)(14), or R18-2-306.02 . The permit application shall include documentation demonstrating that the source has obtained all authorizations required under the applicable requirements relevant to any proposed AOS, or a certification that the source has submitted all relevant materials to the Director for obtaining such authorizations.

8. A compliance plan for all Class I sources that contains all of the following:

a. A description of the compliance status of the source with respect to all applicable requirements.

b. A description as follows:

i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.

ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.

iii. For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements.

iv. For applicable requirements associated with a proposed AOS, a statement that the source will meet such requirements upon implementation of the AOS. If a proposed AOS would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis.

c. A compliance schedule as follows:

i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with such requirements.

ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet, in a timely manner, applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.

iii. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. Such a schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirements for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements on which it is based.

iv. For applicable requirements associated with a proposed AOS, a statement that the source will meet such requirements upon implementation of the AOS. If a proposed AOS would implicate an applicable requirement that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet, in a timely manner, applicable requirements that become effective during the permit term will satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement.

d. A schedule for submission of certified progress reports no less frequently than every 6 months for sources required to have a schedule of compliance to remedy a violation.

e. The compliance plan content requirements specified in subsection (B)(8) shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under title IV of the Act with regard to the schedule and methods the source will use to achieve compliance with the acid rain emissions limitations.

9. Requirements for compliance certification, including the following:

a. A certification of compliance with all applicable requirements by a responsible official, which shall include:

i. Identification of the applicable requirement that is the basis of the certification;

ii. The method used for determining the compliance status of the source, including a description of monitoring, record-keeping, and reporting requirements and test methods;

iii. The compliance status; and

iv. Such other facts as the Director may require;

b. A schedule for submission of compliance certifications during the permit term, to be submitted no less frequently than annually, or more frequently if specified by the underlying applicable requirement or by the permitting authority;

c. A statement indicating the source's compliance status with any applicable enhanced monitoring and compliance certification requirements of the Act; and

d. A certification of truth, accuracy, and completeness pursuant to R18-2-304(I).

10. The use of nationally-standardized forms for acid rain portions of permit applications and compliance plans, as required by regulations promulgated under title IV of the act.

C. The Director, either upon the Director's own initiative or on the request of a permit applicant, may waive a requirement that specific information or data be submitted in the application for a Class II permit for a particular source or category of sources if the Director determines that the information or data would be unnecessary to determine all of the following:

1. The applicable requirements to which the source may be subject;

2. That the source is so designed, controlled, or equipped with such air pollution control equipment that it may be expected to operate without emitting or without causing to be emitted air contaminants in violation of the provisions of A.R.S. Title 49, Chapter 3, Article 2 and this Chapter;

3. The fees to which the source may be subject; and

4. A proposed emission limitation, control, or other requirement that meets the requirements of R18-2-306.01 or R18-2-306.02 .

C D. A timely application is:

1. For a source, that becomes subject to the permit program as a result of a change in regulation and not as a result of construction or a physical or operational change, one that is submitted within 12 months after the source becomes subject to the permit program.

2. For purposes of permit renewal, a timely application is one that is submitted at least six months, but not more than 18 months, prior to the date of permit expiration.

3. Any source under R18-2-326(A)(3) which becomes subject to a standard promulgated by the Administrator pursuant to section 112(d) of the Act shall, within 12 months of the date on which the standard is promulgated, submit an application for a permit revision demonstrating how the source will comply with the standard.

D E. If an applicable implementation plan allows the determination of an alternative emission limit, a source may, in its application, propose an emission limit that is equivalent to the emission limit otherwise applicable to the source under the applicable implementation plan. The source shall also demonstrate that the equivalent limit is quantifiable, accountable, enforceable, and subject to replicable compliance determination procedures.

F. A complete application shall comply with all of the following:

1. To be complete, an application shall provide all information required by subsection (B) (standard application form section). An application for permit revision only need supply information related to the proposed change, unless the source's proposed permit revision will change the permit from a Class II permit to a Class I permit. A responsible official shall certify the submitted information consistent with subsection (I) (Certification of Truth, Accuracy, and Completeness).

2. An application for a new permit or permit revision shall contain an assessment of the applicability of the requirements of Article 4 of this Chapter. If the applicant determines that the proposed new source is a major source as defined in R18-2-401, or the proposed permit revision constitutes a major modification as defined in R18-2-101, then the application shall comply with all applicable requirements of Article 4.

3. An application for a new permit or permit revision shall contain an assessment of the applicability of Minor New Source Review requirements in R18-2-334 . If the applicant determines that the proposed new source is subject to R18-2-334, or the proposed permit revision constitutes a Minor NSR Modification, then the application shall comply with all applicable requirements of R18-2-334 .

4. An application for a new permit or a permit revision shall contain an assessment of the applicability of the requirements established under Article 17 of this Chapter. If the applicant determines that the proposed new source permit or permit revision is subject to the requirements of Article 17 of this Chapter, the application shall comply with all applicable requirements of that Article.

5 4. Except for proposed new major sources or major modifications subject to the requirements of Article 4 of this Chapter, an application for a new permit, a permit revision, or a permit renewal shall be deemed to be complete unless, within 60 days of receipt of the application, the Director notifies the applicant by certified mail that the application is not complete.

6 5. If a source wishes to voluntarily enter into an emissions limitation, control, or other requirement pursuant to R18-2-306.01, the source shall describe that emissions limitation, control, or other requirement in its application, along with proposed associated monitoring, recordkeeping, and reporting requirements necessary to demonstrate that the emissions limitation, control, or other requirement is permanent, quantifiable, and otherwise enforceable as a practical matter.

6. If, while processing an application that has been determined or deemed to be complete, the Director determines that additional information is necessary to evaluate or take final action on that application, the Director may request such information in writing and set a reasonable deadline for a response. Except for minor permit revisions as set forth in R18-2-319, a source's ability to continue operating without a permit, as set forth in subsection (JK), shall be in effect from the date the application is determined to be complete until the final permit is issued, provided that the applicant submits any requested additional information by the deadline specified by the Director.

7. The completeness determination shall not apply to revisions processed through the minor permit revision process.

8. Activities which are insignificant pursuant to the definition of insignificant activities in R18-2-101 shall be listed in the application. Except as necessary to complete the assessment required by subsection (F)(2) or (3), the application need not provide emissions data regarding insignificant activities. If the Director determines that an activity listed as insignificant does not meet the requirements of the definition of insignificant activities in R18-2-101 or that emissions data for the activity is required to complete the assessment required by subsection (F)(2) or (3), the Director shall notify the applicant in writing and specify additional information required.

10 9. If a permit applicant requests terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emission cap that is established in the permit independent of otherwise applicable requirements, the permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable.

11 10. The Director is not in disagreement with a notice of confidentiality submitted with the application pursuant to A.R.S. § 49-432.

F G. A source applying for a Class I permit that has submitted information with an application under a claim of confidentiality pursuant to A.R.S. § 49-432 and R18-2-305 shall submit a copy of such information directly to the Administrator.

G H. Duty to Supplement or Correct Application. Any applicant who fails to submit any relevant facts or who has submitted incorrect information in a permit application shall, upon becoming aware of such failure or incorrect submittal, promptly submit such supplementary facts or corrected information. In addition, an applicant shall provide additional information as necessary to address any requirements that become applicable to the source after the date it filed a complete application but prior to release of a proposed permit.

H I. Certification of Truth, Accuracy, and Completeness. Any application form, report, or compliance certification submitted pursuant to this Chapter shall contain certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this Article shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

I J. Action on Application.

1. The Director shall issue or deny each permit according to the provisions of A.R.S. § 49-427. The Director may issue a permit with a compliance schedule for a source that is not in compliance with all applicable requirements at the time of permit issuance.

2. In addition, a permit may be issued, revised, or renewed only if all of the following conditions have been met:

a. The application received by the Director for a permit, permit revision, or permit renewal shall be complete according to subsection (F).

b. Except for revisions qualifying as administrative or minor under R18-2-318 and R18-2-319, all of the requirements for public notice and participation under R18-2-330 shall have been met.

c. For Class I permits, the Director shall have complied with the requirements of R18-2-307 for notifying and responding to affected states, and if applicable, other notification requirements of R18-2-402(D)(2) and R18-2-410(C)(2).

d. For Class I and II permits, the conditions of the permit shall require compliance with all applicable requirements.

e. For permits for which an application is required to be submitted to the Administrator under R18-2-307(A), and to which the Administrator has properly objected to its issuance in writing within 45 days of receipt of the proposed final permit and all necessary supporting information from the Department, the Director has revised and submitted a proposed final permit in response to the objection and EPA has not objected to this proposed final permit within 45 days of receipt.

f. For permits to which the Administrator has objected to issuance pursuant to a petition filed under 40 CFR 70.8(d), the Administrator's objection has been resolved.

g. For a Class II permit that contains voluntary emission limitations, controls, or other requirements established pursuant to R18-2-306.01, the Director shall have complied with the requirement of R18-2-306.01(C) to provide the Administrator with a copy of the proposed permit.

3. If the Director denies a permit under this Section, a notice shall be served on the applicant by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the denial and a statement that the permit applicant is entitled to a hearing.

4. The Director shall provide a statement that sets forth the legal and factual basis for the proposed permit conditions including references to the applicable statutory or regulatory provisions. The Director shall send this statement to any person who requests it and, for Class I permits, to the Administrator.

5. Priority shall be given by the Director to taking action on applications for construction or modification submitted pursuant to Title I, Parts C (Prevention of Significant Deterioration) and D (New Source Review) of the Act.

History

• Amended effective August 7, 1975 (Supp. 75-1). Former Section R9-3-304 repealed, new Section R9-3-304 formerly Section R9-3-305 renumbered and amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-304 repealed, new Section R9-3-304 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-304 repealed, new Section R9-3-304 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-304 renumbered without change as Section R18-2-304 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective October 7, 1994 (Supp. 94-4). Amended effective August 1, 1995 (Supp. 95-3). The reference to R18-2-101(54) in subsection (E)(8) corrected to reference R18-2-101(57) (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 3630, effective 2/1/2020.

Ariz. Admin. Code § R18-2-305 Public Records; Confidentiality

A. The Director shall make all permits, including all elements required to be in the permit pursuant to R18-2-306, available to the public. No permit shall be issued unless the information required by R18-2-306 is present in the permit.

B. A notice of confidentiality pursuant to A.R.S. § 49-432(C) shall:

1. Precisely identify the information in the documents submitted which is considered confidential.

2. Contain sufficient supporting information to allow the Director to evaluate whether such information satisfies the requirements related to trade secrets or, if applicable, how the information, if disclosed, is likely to cause substantial harm to the person's competitive position.

C. Within 30 days of receipt of a notice of confidentiality that complies with subsection (B) above, the Director shall make a determination as to whether the information satisfies the requirements for trade secret or competitive position pursuant to A.R.S. § 49-432(C)(1) and so notify the applicant in writing. If the Director agrees with the applicant that the information covered by the notice of confidentiality satisfies the statutory requirements, the Director shall include a notice in the file for the permit or permit application that certain information has been considered confidential.

D. If the Director takes action pursuant to A.R.S. § 49-432(D) and obtains a final order authorizing disclosure, the Director shall place the information in the public file and shall notify any person who has requested disclosure. If the court determines that the information is not subject to disclosure, the Director shall provide the notice specified in subsection (C) above.

History

• Amended effective August 7, 1975 (Supp. 75-1). Amended as an emergency effective December 15, 1975 (Supp. 75-2). Amended effective May 10, 1976 (Supp. 76-3). Former Section R9-3-306 renumbered as Section R9-3-305 effective August 6, 1976. References changed to conform (Supp. 76-4). Amended effective April 12, 1977 (Supp. 77-2). Amended effective March 24, 1978 (Supp. 78-2). Former Section R9-3-305 repealed, new Section R9-3-305 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-305 repealed, new Section R9-3-305 adopted effective May 28, 1982 (Supp. 82-3). Former Section R9-3-305 renumbered without change as R18-2-305 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-306 Permit Contents

A. Each permit issued by the Director shall include the following elements:

1. The date of issuance and the permit term.

2. Enforceable emission limitations and standards, including operational requirements and limitations that ensure compliance with all applicable requirements at the time of issuance and operational requirements and limitations that have been voluntarily accepted under R18-2-306.01 .

a. The permit shall specify and reference the origin of and authority for each term or condition and identify any difference in form as compared to the applicable requirement upon which the term or condition is based.

b. The permit shall state that, if an applicable requirement of the Act is more stringent than an applicable requirement of regulations promulgated under Title IV of the Act, both provisions shall be incorporated into the permit and shall be enforceable by the Administrator.

c. Any permit containing an equivalency demonstration for an alternative emission limit submitted under R18-2-304(E) shall contain provisions to ensure that any resulting emissions limit has been demonstrated to be quantifiable, accountable, enforceable, and based on replicable procedures.

d. The permit shall specify applicable requirements for fugitive emission limitations, regardless of whether the source category in question is included in the list of sources contained in the definition of major source in R18-2-101.

3. Each permit shall contain the following requirements with respect to monitoring:

a. All monitoring and analysis procedures or test methods required under applicable monitoring and testing requirements, including:

i. Monitoring and analysis procedures or test methods under 40 CFR 64 ;

ii. Other procedures and methods promulgated under sections 114(a)(3) or 504(b) of the Act; and

iii. Monitoring and analysis procedures or test methods required under R18-2-306.01.

b.40 CFR 64 as adopted July 1, 1998, is incorporated by reference and on file with the Department and the Office of the Secretary of State. This incorporation by reference contains no future editions or amendments. If more than one monitoring or testing requirement applies, the permit may specify a streamlined set of monitoring or testing provisions if the specified monitoring or testing is adequate to assure compliance at least to the same extent as the monitoring or testing applicable requirements not included in the permit as a result of such streamlining;

c. If the applicable requirement does not require periodic testing or instrumental or noninstrumental monitoring (which may consist of recordkeeping designed to serve as monitoring), periodic monitoring sufficient to yield reliable data from the relevant time period that are representative of the source's compliance with the permit as reported under subsection (A)(4). The monitoring requirements shall ensure use of terms, test methods, units, averaging periods, and other statistical conventions consistent with the applicable requirement, and as otherwise required under R18-2-306.01 . Recordkeeping provisions may be sufficient to meet the requirements of this subsection; and

d. As necessary, requirements concerning the use, maintenance, and, if appropriate, installation of monitoring equipment or methods.

4. The permit shall incorporate all applicable recordkeeping requirements including recordkeeping requirements established under R18-2-306.01, for the following:

a. Records of required monitoring information that include the following:

i. The date, place as defined in the permit, and time of sampling or measurement;

ii. The date any analyses was performed;

iii. The name of the company or entity that performed the analysis;

iv. A description of the analytical technique or method used;

v. The results of any analysis; and

vi. The operating conditions existing at the time of sampling or measurement;

b. Retention of records of all required monitoring data and support information for a period of at least five years from the date of the monitoring sample, measurement, report, or application. Support information includes all calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation and copies of all reports required by the permit.

5. The permit shall incorporate all applicable reporting requirements including reporting requirements established under R18-2-306.01 and require the following:

a. Submittal of reports of any required monitoring. All instances of deviations from permit requirements shall be clearly identified in the reports. All required reports shall be certified by a responsible official consistent with R18-2-304(I) and R18-2-309(A)(5) and shall be submitted with the following frequency:

i. For a Class I permit, at least once every six months;

ii. For a Class II permit, at least once per year.

b. Prompt reporting of deviations from permit requirements, including those attributable to upset conditions as defined in the permit, the probable cause of the deviations, and any corrective actions or preventive measures taken. Where the applicable requirement contains a definition of prompt or otherwise specifies a timeframe for reporting deviations, that definition or timeframe shall govern. Where the applicable requirement does not address the timeframe for reporting deviations, the permittee shall submit reports of deviations in compliance with the following schedule:

i. Notice that complies with timeframe in R18-2-310.01(A) is prompt for deviations that constitute excess emissions;

ii. Except as otherwise provided in the permit, notice that complies with subsection (A)(5)(a) is prompt for all other types of deviation.

6. A permit condition prohibiting emissions exceeding any allowances the source lawfully holds under Title IV of the Act or the regulations promulgated thereunder.

a. A permit revision is not required for increases in emissions that are authorized by allowances acquired under the acid rain program, if the increases do not require a permit revision under any other applicable requirement.

b. A limit shall not be placed on the number of allowances held by the source. The source shall not, however, use allowances as a defense to noncompliance with any other applicable requirement.

c. Any allowance shall be accounted for according to the procedures established in regulations promulgated under Title IV of the Act.

d. Any permit issued under the requirements of this Chapter and Title V of the Act to a unit subject to the provisions of Title IV of the Act shall include conditions prohibiting all of the following:

i. Annual emissions of sulfur dioxide in excess of the number of allowances to emit sulfur dioxide held by the owner or operator of the unit or the designated representative of the owner or operator,

ii. Exceedances of applicable emission rates,

iii. Use of any allowance before the year for which it is allocated, and

iv. Contravention of any other provision of the permit.

7. A severability clause to ensure the continued validity of the various permit requirements in the event of a challenge to any portion of the permit.

8. Provisions stating the following:

a. The permittee shall comply with all conditions of the permit including all applicable requirements of Arizona air quality statutes A.R.S. Title 49, Chapter 3, and the air quality rules, 18 A.A.C. 2. Any permit noncompliance is grounds for enforcement action; for a permit termination, revocation and reissuance, or revision; or for denial of a permit renewal application. Noncompliance with any federally enforceable requirement in a permit is a violation of the Act.

b. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of the permit.

c. The permit may be revised, reopened, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit revision, revocation and reissuance, or termination, or of a notification of planned changes or anticipated noncompliance does not stay any permit condition.

d. The permit does not convey any property rights of any sort, or any exclusive privilege to the permit holder.

e. The permittee shall furnish to the Director, within a reasonable time, any information that the Director may request in writing to determine whether cause exists for revising, revoking and reissuing, or terminating the permit, or to determine compliance with the permit. Upon the Director's request, the permittee shall also furnish to the Director copies of records required to be kept by the permit. For information claimed to be confidential, the permittee shall furnish a copy of the records directly to the Administrator along with a claim of confidentiality.

f. For any major source operating in a nonattainment area for all pollutants for which the source is classified as a major source, the source shall comply with reasonably available control technology.

9. A provision to ensure that the source pays fees to the Director under A.R.S. § 49-426(E), R18-2-326, and R18-2-511.

10. A provision stating that a permit revision shall not be required under any approved economic incentives, marketable permits, emissions trading, and other similar programs or processes for changes provided for in the permit.

11. Terms and conditions for reasonably anticipated operating scenarios identified by the source in its application as approved by the Director. The terms and conditions shall:

a. Require the source, contemporaneously with making a change from one operating scenario to another, to record in a log at the permitted facility a record of the scenario under which it is operating;

b. Extend the permit shield described in R18-2-325 to all terms and conditions under each such operating scenario; and

c. Ensure that the terms and conditions of each such alternative scenario meet all applicable requirements and the requirements of this Chapter.

12. Terms and conditions, if the permit applicant requests them, and as approved by the Director, for the trading of emissions increases and decreases in the permitted facility, to the extent that the applicable requirements provide for trading the increases and decreases without a case-by-case approval of each emissions trade. The terms and conditions:

a. Shall include all terms required under subsections (A) and (C) to determine compliance;

b. Shall not extend the permit shield in subsection (D) to all terms and conditions that allow the increases and decreases in emissions;

c. Shall not include trading that involves emission units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades; and

d. Shall meet all applicable requirements and requirements of this Chapter.

13. Terms and conditions, if the permit applicant requests them and they are approved by the Director, setting forth intermittent operating scenarios including potential periods of downtime. If the terms and conditions are included, the state's emissions inventory shall not reflect the zero emissions associated with the periods of downtime.

14. Upon request of a permit applicant, the Director shall issue a permit that contains terms and conditions allowing for the trading of emission increases and decreases in the permitted facility solely for the purpose of complying with a federally enforceable emission cap established in the permit independent of otherwise applicable requirements. The permit applicant shall include in its application proposed replicable procedures and permit terms that ensure the emissions trades are quantifiable and enforceable. The Director shall not include in the emissions trading provisions any emissions units for which emissions are not quantifiable or for which there are no replicable procedures to enforce the emissions trades. The permit shall also require compliance with all applicable requirements. Changes made under this subsection (shall) not include modifications under any provision of Title I of the Act and shall not exceed emissions allowable under the permit. The terms and conditions shall provide, for Class I sources, for notice that conforms to R18-2-317(D) and (E), and for Class II sources, for logging that conforms to R18-2-317.02(B)(5) . In addition, the notices for Class I and Class II sources shall describe how the increases and decreases in emissions will comply with the terms and conditions of the permit.

15. Other terms and conditions as are required by the Act, A.R.S. Title 49, Chapter 3, Articles 1 and 2, and the rules adopted in 18 A.A.C. 2.

B. Federally-enforceable Requirements.

1. The following permit conditions shall be enforceable by the Administrator and citizens under the Act:

a. Except as provided in subsection (B)(2), all terms and conditions in a Class I permit, including any provision designed to limit a source's potential to emit;

b. Terms or conditions in a Class II permit setting forth federal applicable requirements; and

c. Terms and conditions in any permit entered into voluntarily under R18-2-306.01, as follows:

i. Emissions limitations, controls, or other requirements; and

ii. Monitoring, recordkeeping, and reporting requirements associated with the emissions limitations, controls, or other requirements in subsection (B)(1)(c)(i).

2. Notwithstanding subsection (B)(1)(a), the Director shall specifically designate as not being federally enforceable under the Act any terms and conditions included in a Class I permit that are not required under the Act or under any of its applicable requirements.

C. Each permit shall contain a compliance plan as specified in R18-2-309.

D. Each permit shall include the applicable permit shield provisions under R18-2-325.

E. Emergency provision.

1. An "emergency" means any situation arising from sudden and reasonably unforeseeable events beyond the control of the source, including acts of God, that requires immediate corrective action to restore normal operation and that causes the source to exceed a technology-based emission limitation under the permit, due to unavoidable increases in emissions attributable to the emergency. An emergency shall not include noncompliance to the extent caused by improperly designed equipment, lack of preventative maintenance, careless or improper operation, or operator error.

2. An emergency constitutes an affirmative defense to an action brought for noncompliance with technology-based emission limitations if the conditions of subsection (E)(3) are met.

3. The affirmative defense of emergency shall be demonstrated through properly signed, contemporaneous operating logs, or other relevant evidence that:

a. An emergency occurred and the permittee can identify the cause or causes of the emergency;

b. At the time of the emergency the permitted facility was being properly operated;

c. During the period of the emergency, the permittee took all reasonable steps to minimize levels of emissions that exceeded the emissions standards or other requirements in the permit; and

d. The permittee submitted notice of the emergency to the Director by certified mail, facsimile, or hand delivery within two working days of the time when emission limitations were exceeded due to the emergency. This notice shall contain a description of the emergency, any steps taken to mitigate emissions, and corrective action taken.

4. In any enforcement proceeding, the permittee seeking to establish the occurrence of an emergency has the burden of proof.

5. This provision is in addition to any emergency or upset provision contained in any applicable requirement.

F. A Class I permit issued to a major source shall require that revisions be made under R18-2-321 to incorporate additional applicable requirements adopted by the Administrator under the Act that become applicable to a source with a permit with a remaining permit term of three or more years. A revision shall not be required if the effective date of the applicable requirement is after the expiration of the permit. The revisions shall be made as expeditiously as practicable, but not later than 18 months after the promulgation of the standards and regulations. Any permit revision required under this subsection (shall) comply with R18-2-322 for permit renewal and shall reset the five-year permit term.

History

• Adopted effective August 7, 1975 (Supp. 75-1). Former Section R9-3-307 renumbered as Section R9-3-306 effective August 6, 1976. Reference changed to conform (Supp. 76-4). Former Section R9-3-306 repealed, new Section R9-3-306 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 28, 1984 (Supp. 84-5). Former Section R9-3-306 renumbered without change as R18-2-306 (Supp. 87-3). Amended subsection (I) effective December 1, 1988 (Supp. 88-4). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August 1, 1995 (Supp. 95-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-306.01 Permits Containing Voluntarily Accepted Emission Limitations and Standards

A. A source may voluntarily propose in its application, and accept in its permit, emissions limitations, controls, or other requirements that are permanent, quantifiable, and otherwise enforceable as a practical matter in order to avoid classification as a source that requires a Class I permit or to avoid one or more other applicable requirements. For the purposes of this Section, "enforceable as a practical matter" means that specific means to assess compliance with an emissions limitation, control, or other requirement are provided for in the permit in a manner that allows compliance to be readily determined by an inspection of records and reports.

B. In order for a source to obtain a permit containing voluntarily accepted emissions limitations, controls, or other requirements, the source shall demonstrate all of the following in its permit application:

1. The emissions limitations, controls, or other requirements to be imposed for the purpose of avoiding an applicable requirement are at least as stringent as the emissions limitations, controls, or other requirements that would otherwise be applicable to that source, including those that originate in an applicable implementation plan; and the permit does not waive, or make less stringent, any limitations or requirements contained in or issued pursuant to an applicable implementation plan, or that are otherwise federally enforceable.

2. All voluntarily accepted emissions limitations, controls, or other requirements will be permanent, quantifiable, and otherwise enforceable as a practical matter.

C. At the same time as notice of proposed issuance is first published pursuant to A.R.S. § 49-426(D), the Director shall send a copy of any Class II permit proposed to be issued pursuant to this Section to the Administrator for review during the comment period described in the notice pursuant to R18-2-330(C)(3).

D. The Director shall send a copy of each final permit issued pursuant to this Section to the Administrator.

History

• Adopted effective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-306.02 Expired

History

• New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-105 6(J) at 22 A.A.R. 2982, effective September 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R18-2-307 Permit Review by the EPA and Affected States

A. Except as provided in R18-2-304(G) and as waived by the Administrator, for each Class I permit, a copy of each of the following shall be provided to the Administrator as follows:

1. The applicant shall provide a complete copy of the application including any attachments, compliance plans, and other information required by R18-2-304(F) at the time of submittal of the application to the Director.

2. The Director shall provide the proposed final permit after public and affected state review.

3. The Director shall provide the final permit at the time of issuance.

B. The Director shall keep all records associated with all permits for a minimum of five years from issuance.

C. No permit for which an application is required to be submitted to the Administrator under subsection (A) shall be issued if the Administrator properly objects to its issuance in writing within 45 days of receipt of the proposed final permit from the Department and all necessary supporting information.

D. Review by Affected States.

1. For each Class I permit, the Director shall provide notice of each proposed permit to any affected state on or before the time that the Director provides this notice to the public as required under R18-2-330 except to the extent R18-2-319 requires the timing of the notice to be different.

2. If the Director refuses to accept a recommendation of any affected state submitted during the public or affected state review period, the Director shall notify the Administrator and the affected state in writing. The notification shall include the Director's reasons for not accepting any such recommendation and shall be provided to the Administrator as part of the submittal of the proposed final permit. The Director shall not be required to accept recommendations that are not based on federal applicable requirements or requirements of state law.

E. Any person who petitions the Administrator pursuant to 40 CFR 70.8(d) shall notify the Department by certified mail of such petition as soon as possible, but in no case more than 10 days following such petition. Such notice shall include the grounds for objection and whether such objections were raised during the public comment period. If the Administrator objects to the permit as a result of a petition filed under this subsection, the Director shall not issue the permit until EPA's objection has been resolved, except that a petition for review does not stay the effectiveness of a permit or its requirements if the permit was issued after the end of the 45-day administrative review period and prior to the Administrator's objection.

F. If the Director has issued a permit prior to receipt of the Administrator's objection under subsection (E), and the Administrator indicates that it should be revised, terminated, or revoked and reissued, the Director shall reopen the permit in accordance with R18-2-321 and may thereafter issue only a revised permit that satisfies the Administrator's objection. In any case, the source shall not be in violation of the requirement to have submitted a timely and complete application.

G. Prohibition on Default Issuance.

1. No Class I permit including a permit renewal or revision shall be issued until affected states and the Administrator have had an opportunity to review the proposed permit.

2. No permit or renewal shall be issued unless the Director has acted on the application.

History

• Adopted effective August 7, 1975 (Supp. 75-1). Former Section R9-3-307 renumbered as Section R9-3-306 effective August 6, 1976 (Supp. 76-4). New Section R9-3-307 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-307 repealed, new Section R9-3-307 adopted effective May 28, 1982 (Supp. 82-3). Amended subsection (B)(4)(b) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-307 renumbered without change as R18-2-307 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-308 Emission Standards and Limitations

Wherever applicable requirements apply different standards or limitations to a source for the same item, all applicable requirements shall be included in the permit.

History

• Adopted effective August 7, 1975 (Supp. 75-1). Former Section R9-3-308 repealed, new Section R9-3-308 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-308 renumbered without change as R18-2-308 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-309 Compliance Plan; Certification

All permits shall contain the following elements with respect to compliance:

1. The elements required by R18-2-306(A)(3), (4), and (5).

2. Requirements for certifications of compliance with terms and conditions contained in the permit, including emissions limitations, standards, and work practices. Permits shall include each of the following:

a. The frequency of submissions of compliance certifications, which shall not be less than annually;

b. The means to monitor the compliance of the source with its emissions limitations, standards, and work practices;

c. A requirement that the compliance certification include all of the following (the identification of applicable information may cross-reference the permit or previous reports, as applicable):

i. The identification of each term or condition of the permit that is the basis of the certification;

ii. The identification of the methods or other means used by the owner or operator for determining the compliance status with each term and condition during the certification period. The methods and other means shall include, at a minimum, the methods and means required under R18-2-306(A)(3) . If necessary, the owner or operator also shall identify any other material information that must be included in the certification to comply with section 113(c)(2) of the Act, which prohibits knowingly making a false certification or omitting material information;

iii. The status of compliance with the terms and conditions of the permit for the period covered by the certification, including whether compliance during the period was continuous or intermittent. The certification shall be based on the methods or means designated in subsection (2)(c)(ii). The certification shall identify each deviation and take it into account in the compliance certification. For emission units subject to 40 CFR 64, the certification shall also identify as possible exceptions to compliance any period during which compliance is required and in which an excursion or exceedance defined under 40 CFR 64 occurred; and

iv. Other facts the Director may require to determine the compliance status of the source.

d. A requirement that permittees submit all compliance certifications to the Director. Class I permittees shall also submit compliance certifications to the Administrator.

e. Additional requirements specified in sections 114(a)(3) and 504(b) of the Act or pursuant to R18-2-306.01.

3. A requirement for any document required to be submitted by a permittee, including reports, to contain a certification by a responsible official of truth, accuracy, and completeness. This certification and any other certification required under this Section shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

4. Inspection and entry provisions that require that upon presentation of proper credentials, the permittee shall allow the Director to:

a. Enter upon the permittee's premises where a source is located, emissions-related activity is conducted, or records are required to be kept under the conditions of the permit;

b. Have access to and copy, at reasonable times, any records that are required to be kept under the conditions of the permit;

c. Inspect, at reasonable times, any facilities, equipment (including monitoring and air pollution control equipment), practices, or operations regulated or required under the permit;

d. Sample or monitor, at reasonable times, substances or parameters for the purpose of assuring compliance with the permit or other applicable requirements; and

e. Record any inspection by use of written, electronic, magnetic, or photographic media.

5. A compliance plan that contains all the following:

a. A description of the compliance status of the source with respect to all applicable requirements;

b. A description as follows:

i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements;

ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet the requirements on a timely basis; and

iii. For requirements for which the source is not in compliance at the time of permit issuance, a narrative description of how the source will achieve compliance with such requirements;

c. A compliance schedule as follows:

i. For applicable requirements with which the source is in compliance, a statement that the source will continue to comply with the requirements;

ii. For applicable requirements that will become effective during the permit term, a statement that the source will meet such requirements on a timely basis. A statement that the source will meet in a timely manner applicable requirements that become effective during the permit term shall satisfy this provision, unless a more detailed schedule is expressly required by the applicable requirement;

iii. A schedule of compliance for sources that are not in compliance with all applicable requirements at the time of permit issuance. The schedule shall include a schedule of remedial measures, including an enforceable sequence of actions with milestones, leading to compliance with any applicable requirement for which the source will be in noncompliance at the time of permit issuance. This compliance schedule shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the source is subject. The schedule of compliance shall supplement, and shall not sanction noncompliance with, the applicable requirements on which it is based.

d. A schedule for submission of certified progress reports no less frequently than every six months for sources required to have a schedule of compliance to remedy a violation. The progress reports shall contain:

i. Dates for achieving the activities, milestones, or compliance required in the schedule of compliance, and dates when such activities, milestones, or compliance were achieved; and

ii. An explanation of why any dates in the schedule of compliance were not or will not be met, and any preventive or corrective measures adopted.

6. The compliance plan content requirements specified in subsection (5) shall apply and be included in the acid rain portion of a compliance plan for an affected source, except as specifically superseded by regulations promulgated under Title IV of the Act, and incorporated under R18-2-333 with regard to the schedule and each method the source will use to achieve compliance with the acid rain emissions limitations.

If there is a Federal Implementation Plan (FIP) applicable to the source, a provision that compliance with the FIP is required.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amendment filed September 18, 1979, effective following the adoption of Article 7. Nonferrous Smelter Orders. Amended effective October 2, 1979 (Supp. 79-5). Article 7. Nonferrous Smelter Orders adopted effective January 8, 1980. Amendment filed September 18, 1979 effective January 8, 1980 (Supp. 80-2). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-309 renumbered without change as R18-2-309 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective October 7, 1994 (Supp. 94-4). Amended effective August 1, 1995 (Supp. 95-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 10 A.A.R. 2833, effective June 17, 2004 (Supp. 04-2).

Ariz. Admin. Code § R18-2-310 Affirmative Defenses for Excess Emissions Due to Malfunctions, Startup, and Shutdown

A. Applicability.

This rule establishes affirmative defenses for certain emissions in excess of an emission standard or limitation and applies to all emission standards or limitations except for standards or limitations:

1. Promulgated pursuant to Sections 111 or 112 of the Act,

2. Promulgated pursuant to Titles IV or VI of the Clean Air Act,

3. Contained in any Prevention of Significant Deterioration (PSD) or New Source Review (NSR) permit issued by the U.S. E.P.A.,

4. Contained in R18-2-715(F), or

5. Included in a permit to meet the requirements of R18-2-406(A)(5).

B. Affirmative Defense for Malfunctions.

Emissions in excess of an applicable emission limitation due to malfunction shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to malfunction has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of R18-2-310.01 and has demonstrated all of the following:

1. The excess emissions resulted from a sudden and unavoidable breakdown of process equipment or air pollution control equipment beyond the reasonable control of the operator;

2. The air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions;

3. If repairs were required, the repairs were made in an expeditious fashion when the applicable emission limitations were being exceeded. Off-shift labor and overtime were utilized where practicable to ensure that the repairs were made as expeditiously as possible. If off-shift labor and overtime were not utilized, the owner or operator satisfactorily demonstrated that the measures were impracticable;

4. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;

5. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality;

6. The excess emissions were not part of a recurring pattern indicative of inadequate design, operation, or maintenance;

During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be attributed to the emitting source;

8. The excess emissions did not stem from any activity or event that could have been foreseen and avoided, or planned, and could not have been avoided by better operations and maintenance practices;

9. All emissions monitoring systems were kept in operation if at all practicable; and

10. The owner or operator's actions in response to the excess emissions were documented by contemporaneous records.

C. Affirmative Defense for Startup and Shutdown.

1. Except as provided in subsection (C)(2), and unless otherwise provided for in the applicable requirement, emissions in excess of an applicable emission limitation due to startup and shutdown shall constitute a violation. The owner or operator of a source with emissions in excess of an applicable emission limitation due to startup and shutdown has an affirmative defense to a civil or administrative enforcement proceeding based on that violation, other than a judicial action seeking injunctive relief, if the owner or operator of the source has complied with the reporting requirements of R18-2-310.01 and has demonstrated all of the following:

a. The excess emissions could not have been prevented through careful and prudent planning and design;

b. If the excess emissions were the result of a bypass of control equipment, the bypass was unavoidable to prevent loss of life, personal injury, or severe damage to air pollution control equipment, production equipment, or other property;

c. The source's air pollution control equipment, process equipment, or processes were at all times maintained and operated in a manner consistent with good practice for minimizing emissions;

d. The amount and duration of the excess emissions (including any bypass operation) were minimized to the maximum extent practicable during periods of such emissions;

e. All reasonable steps were taken to minimize the impact of the excess emissions on ambient air quality;

f. During the period of excess emissions there were no exceedances of the relevant ambient air quality standards established in Article 2 of this Chapter that could be attributed to the emitting source;

g. All emissions monitoring systems were kept in operation if at all practicable; and

h. The owner or operator's actions in response to the excess emissions were documented by contemporaneous records.

2. If excess emissions occur due to a malfunction during routine startup and shutdown, then those instances shall be treated as other malfunctions subject to subsection (B).

D. Affirmative Defense for Malfunctions During Scheduled Maintenance.

If excess emissions occur due to a malfunction during scheduled maintenance, then those instances will be treated as other malfunctions subject to subsection (B).

E. Demonstration of Reasonable and Practicable Measures.

For an affirmative defense under subsection (B) or (C), the owner or operator of the source shall demonstrate, through submission of the data and information required by this Section and R18-2-310.01, that all reasonable and practicable measures within the owner or operator's control were implemented to prevent the occurrence of the excess emissions.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective June 19, 1981 (Supp. 81-3). Amended Arizona Testing Manual for Air Pollutant Emissions, effective September 22, 1983 (Supp. 83-5). Amended Arizona Testing Manual for Air Pollutant Emissions, as of September 15, 1984, effective August 9, 1985 (Supp. 85-4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-310 renumbered without change as R18-2-310 (Supp. 87-3). Amended effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-2-310.01 Reporting Requirements

A. The owner or operator of any source shall report to the Director any emissions in excess of the limits established by this Chapter or the applicable permit. The owner or operator of any registered source may report excess emissions in accordance with this Section in order to qualify for the affirmative defense established in R18-2-310 . The report shall be in two parts as specified below:

1. Notification by telephone or facsimile within 24 hours of the time the owner or operator first learned of the occurrence of excess emissions that includes all available information from subsection (B).

Detailed written notification by submission of an excess emissions report within 72 hours of the notification under subsection (A)(1).

B. The excess emissions report shall contain the following information:

The identity of each stack or other emission point where the excess emissions occurred;

2. The magnitude of the excess emissions expressed in the units of the applicable emission limitation and the operating data and calculations used in determining the magnitude of the excess emissions;

3. The time and duration or expected duration of the excess emissions;

4. The identity of the equipment from which the excess emissions emanated;

The nature and cause of the emissions;

6. The steps taken, if the excess emissions were the result of a malfunction, to remedy the malfunction and the steps taken or planned to prevent the recurrence of the malfunctions;

7. The steps that were or are being taken to limit the excess emissions; and

If the source's permit contains procedures governing source operation during periods of startup or malfunction and the excess emissions resulted from startup or malfunction, a list of the steps taken to comply with the permit procedures.

C. In the case of continuous or recurring excess emissions, the notification requirements of this Section shall be satisfied if the source provides the required notification after excess emissions are first detected and includes in the notification an estimate of the time the excess emissions will continue. Excess emissions occurring after the estimated time period or changes in the nature of the emissions as originally reported shall require additional notification pursuant to subsections (A) and (B).

History

• New Section adopted by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-311 Test Methods and Procedures

A. Except as otherwise specified in this Chapter, the applicable procedures and testing methods contained in the Arizona Testing Manual; 40 CFR 52, Appendices D and E; 40 CFR 60, Appendices A through F; and 40 CFR 61, Appendices B and C shall be used to determine compliance with the requirements established in this Chapter or contained in permits issued pursuant to this Chapter.

B. Except as otherwise provided in this subsection the opacity of visible emissions shall be determined by Reference Method 9 of the Arizona Testing Manual or by alternative method ALT-082 approved by the Administrator on May 15, 2012. A permit may specify a method, other than Method 9 or ALT-082, for determining the opacity of emissions from a particular emissions unit, if the method has been promulgated by the Administrator in 40 CFR 60, Appendix A or approved by the Administrator as an alternative method.

C. Except as otherwise specified in this Chapter, the heat content of solid fuel shall be determined according to ASTM method D-3176-89, (Practice for Ultimate Analysis of Coal and Coke) and ASTM method D-2015-91, (Test Method for Gross Calorific Value of Coal and Coke by the Adiabatic Bomb Calorimeter).

D. Except for ambient air monitoring and emissions testing required under Articles 9 and 11 of this Chapter, alternative and equivalent test methods in any test plan submitted to the Director may be approved by the Director for the duration of that plan provided that the following three criteria are met:

1. The alternative or equivalent test method measures the same chemical and physical characteristics as the test method it is intended to replace.

2. The alternative or equivalent test method has substantially the same or better reliability, accuracy, and precision as the test method it is intended to replace.

3. Applicable quality assurance procedures are followed in accordance with the Arizona Testing Manual, 40 CFR 60 or other quality assurance methods which are consistent with principles contained in the Arizona Testing Manual or 40 CFR 60 as approved by the Director.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-311 renumbered without change as R18-2-311 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-312 Performance Tests

A. Except as provided in subsection (J), within 60 days after a source subject to the permit requirements of this Article has achieved the capability to operate at its maximum production rate on a sustained basis but no later than 180 days after initial start-up of such source and at such other times as may be required by the Director, the owner or operator of such source shall conduct performance tests and furnish the Director a written report of the results of the tests.

B. Performance tests shall be conducted and data reduced in accordance with the test method and procedures contained in the Arizona Testing Manual unless the Director:

1. Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology;

2. Approves the use of an equivalent method;

3. Approves the use of an alternative method the results of which he has determined to be adequate for indicating whether a specific source is in compliance; or

4. Waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Director's satisfaction that the source is in compliance with the standard.

5. Nothing in this Section shall be construed to abrogate the Director's authority to require testing.

C. Performance tests shall be conducted under such conditions as the Director shall specify to the plant operator based on representative performance of the source. The owner or operator shall make available to the Director such records as may be necessary to determine the conditions of the performance tests. Operations during periods of start-up, shutdown, and malfunction shall not constitute representative conditions of performance tests unless otherwise specified in the applicable standard.

D. The owner or operator of a permitted source shall provide the Director two weeks prior notice of the performance test to afford the Director the opportunity to have an observer present.

E. The owner or operator of a permitted source shall provide, or cause to be provided, performance testing facilities as follows:

Sampling ports adequate for test methods applicable to such facility.

2. Safe sampling platform(s).

3. Safe access to sampling platform(s).

4. Utilities for sampling and testing equipment.

F. Each performance test shall consist of three separate runs using the applicable test method. Each run shall be conducted for the time and under the conditions specified in the applicable standard. For the purpose of determining compliance with an applicable standard, the arithmetic means of results of the three runs shall apply. In the event that a sample is accidentally lost or conditions occur in which one of the three runs is required to be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the owner or operator's control, compliance may, upon the Director's approval, be determined using the arithmetic means of the results of the two other runs. If the Director, or the Director's designee is present, tests may only be stopped with the Director's or such designee's approval. If the Director, or the Director's designee is not present, tests may only be stopped for good cause, which includes forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances beyond the operator's control. Termination of testing without good cause after the first run is commenced shall constitute a failure of the test.

G. Except as provided in subsection (H) compliance with the emission limits established in this Chapter or as prescribed in permits issued pursuant to this Chapter shall be determined by the performance tests specified in this Section or in the permit.

H. In addition to performance tests specified in this Section, compliance with specific emission limits may be determined by:

1. Opacity tests.

2. Emission limit compliance tests specifically designated as such in the regulation establishing the emission limit to be complied with.

Continuous emission monitoring, where applicable quality assurance procedures are followed and where it is designated in the permit or in an applicable requirement to show compliance.

I. Nothing in this Section shall be so construed as to prevent the utilization of measurements from emissions monitoring devices or techniques not designated as performance tests as evidence of compliance with applicable good maintenance and operating requirements.

J. The owner or operator of a source subject to this Section may request an extension to the performance test deadline due to a force majeure event as follows:

1. If a force majeure event is about to occur, occurs, or has occurred for which the owner or operator intends to assert a claim of force majeure, the owner or operator shall notify the Director in writing as soon as practicable following the date the owner or operator first knew, or through due diligence should have known that the event may cause or caused a delay in testing beyond the regulatory deadline. The notification must occur before the performance test deadline unless the initial force majeure or a subsequent force majeure event delays the notice, and in such cases, the notification shall be given as soon as practicable.

2. The owner or operator shall provide to the Director a written description of the force majeure event and a rationale for attributing the delay in testing beyond the regulatory deadline to the force majeure; describe the measures taken or to be taken to minimize the delay; and identify a date by which the owner or operator proposes to conduct the performance test. The performance test shall be conducted as soon as practicable after the force majeure event occurs.

3. The decision as to whether or not to grant an extension to the performance test deadline is solely within the discretion of the Director. The Director shall notify the owner or operator in writing of approval or disapproval of the request for an extension as soon as practicable.

4. Until an extension of the performance test deadline has been approved by the Director under paragraphs (1), (2), and (3) of this subsection, the owner or operator remains subject to the requirements of this Section.

5. For purposes of this subsection, a "force majeure event" means an event that will be or has been caused by circumstances beyond the control of the source, its contractors, or any entity controlled by the source that prevents the owner or operator from complying with the regulatory requirement to conduct performance tests within the specified timeframe despite the source's best efforts to fulfill the obligation. Examples of such events are acts of nature, acts of war or terrorism, or equipment failure or safety hazard beyond the control of the source.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective September 28, 1984 (Supp. 84-5). Former Section R9-3-312 renumbered without change as R18-2-312 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-313 Existing Source Emission Monitoring

A. Every source subject to an existing source performance standard as specified in this Chapter shall install, calibrate, operate, and maintain all monitoring equipment necessary for continuously monitoring the pollutants and other gases specified in this Section for the applicable source category.

1. Applicability.

a. Fossil-fuel fired steam generators, as specified in subsection (C)(1), shall be monitored for opacity, nitrogen oxides emissions, sulfur dioxide emissions, and oxygen or carbon dioxide.

b. Fluid bed catalytic cracking unit catalyst regenerators, as specified in subsection (C)(4), shall be monitored for opacity.

c. Sulfuric acid plants, as specified in subsection (C)(3)of this Section, shall be monitored for sulfur dioxide emissions.

d. Nitric acid plants, as specified in subsection (C)(2), shall be monitored for nitrogen oxides emissions.

Emission monitoring shall not be required when the source of emissions is not operating.

3. Variations.

a. Unless otherwise prohibited by the Act, the Director may approve, on a case-by-case basis, alternative monitoring requirements different from the provisions of this Section if the installation of a continuous emission monitoring system cannot be implemented by a source due to physical plant limitations or extreme economic reasons. Alternative monitoring procedures shall be specified by the Director on a case-by-case basis and shall include, as a minimum, annual manual stack tests for the pollutants identified for each type of source in this Section. Extreme economic reasons shall mean that the requirements of this Section would cause the source to be unable to continue in business.

b. Alternative monitoring requirements may be prescribed when installation of a continuous emission monitoring system or monitoring device specified by this Section would not provide accurate determinations of emissions (e.g., condensed, uncombined water vapor may prevent an accurate determination of opacity using commercially available continuous emission monitoring systems).

c. Alternative monitoring requirements may be prescribed when the affected facility is infrequently operated (e.g., some affected facilities may operate less than one month per year).

4. Monitoring system malfunction: A temporary exemption from the monitoring and reporting requirements of this Section may be provided during any period of monitoring system malfunction, provided that the source owner or operator demonstrates that the malfunction was unavoidable and is being repaired expeditiously.

B. Installation and performance testing required under this Section shall be completed and monitoring and recording shall commence within 18 months of the effective date of this Section.

C. Minimum monitoring requirements:

1. Fossil-fuel fired steam generators: Each fossil-fuel fired steam generator, except as provided in the following subsections, with an annual average capacity factor of greater than 30%, as reported to the Federal Power Commission for calendar year 1976, or as otherwise demonstrated to the Department by the owner or operator, shall conform with the following monitoring requirements when such facility is subject to an emission standard for the pollutant in question.

a. A continuous emission monitoring system for the measurement of opacity which meets the performance specifications of this Section shall be installed, calibrated, maintained, and operated in accordance with the procedures of this Section by the owner or operator of any such steam generator of greater than 250 million Btu per hour heat input except where:

i. Gaseous fuel is the only fuel burned; or

ii. Oil or a mixture of gas and oil are the only fuels burned and the source is able to comply with the applicable particulate matter and opacity regulations without utilization of particulate matter collection equipment, and where the source has never been found to be in violation through any administrative or judicial proceedings, or accepted responsibility for any violation of any visible emission standard.

b. A continuous emission monitoring system for the measurement of sulfur dioxide which meets the performance specifications of this Section shall be installed, calibrated, using sulfur dioxide calibration gas mixtures or other gas mixtures approved by the Director, maintained and operated on any fossil-fuel fired steam generator of greater than 250 million Btu per hour heat input which has installed sulfur dioxide pollutant control equipment.

c. A continuous emission monitoring system for the measurement of nitrogen oxides which meets the performance specification of this Section shall be installed, calibrated using nitric oxide calibration gas mixtures or other gas mixtures approved by the Director, maintained and operated on fossil-fuel fired steam generators of greater than 1000 million Btu per hour heat input when such facility is located in an air quality control region where the Director has specifically determined that a control strategy for nitrogen dioxide is necessary to attain the ambient air quality standard specified in R18-2-205, unless the source owner or operator demonstrates during source compliance tests as required by the Department that such a source emits nitrogen oxides at levels 30% or more below the emission standard within this Chapter.

d. A continuous emission monitoring system for the measurement of the percent oxygen or carbon dioxide which meets the performance specifications of this Section shall be installed, calibrated, operated, and maintained on fossil-fuel fired steam generators where measurements of oxygen or carbon dioxide in the flue gas are required to convert either sulfur dioxide or nitrogen oxides continuous emission monitoring data, or both, to units of the emission standard within this Chapter.

2. Nitric acid plants: Each nitric acid plant of greater than 300 tons per day production capacity, the production capacity being expressed as 100% acid located in an air quality control region where the Director has specifically determined that a control strategy for nitrogen dioxide is necessary to attain the ambient air quality standard specified in R18-2-205, shall install, calibrate using nitrogen dioxide calibration gas mixtures, maintain, and operate a continuous emission monitoring system for the measurement of nitrogen oxides which meets the performance specifications of this Section for each nitric acid producing facility within such plant.

3. Sulfuric acid plants: Each sulfuric acid plant as defined in R18-2-101, of greater than 300 tons per day production capacity, the production being expressed as 100% acid, shall install, calibrate using sulfur dioxide calibration gas mixtures or other gas mixtures approved by the Director, maintain and operate a continuous emission monitoring system for the measurement of sulfur dioxide which meets the performance specifications of this Section for each sulfuric acid producing facility within such a plant.

Fluid bed catalytic cracking unit catalyst regenerators at petroleum refineries. Each catalyst regenerator for fluid bed catalytic cracking units of greater than 20,000 barrels per day fresh-feed capacity shall install, calibrate, maintain and operate a continuous emission monitoring system for the measurement of opacity which meets the performance specifications of this Section for each regenerator within such refinery.

D. Minimum specifications: Owners or operators of monitoring equipment installed to comply with this Section shall demonstrate compliance with the following performance specifications.

1. The performance specifications set forth in Appendix B of 40 CFR 60 are incorporated herein by reference and shall be used by the Director to determine acceptability of monitoring equipment installed pursuant to this Section. However where reference is made to the Administrator in Appendix B of 40 CFR 60, the Director may allow the use of either the state-approved reference method or the federally approved reference method as published in 40 CFR 60. The performance specifications to be used with each type of monitoring system are listed below.

a. Continuous emission monitoring systems for measuring opacity shall comply with performance specification 1.

b. Continuous emission monitoring systems for measuring nitrogen oxides shall comply with performance specification 2.

c. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 2.

d. Continuous emission monitoring systems for measuring sulfur dioxide shall comply with performance specification 3.

e. Continuous emission monitoring systems for measuring carbon dioxide shall comply with performance specification 3.

2. Calibration gases: Span and zero gases shall be traceable to National Bureau of Standards reference gases whenever these reference gases are available. Every six months from date of manufacture, span and zero gases shall be reanalyzed by conducting triplicate analyses using the reference methods in Appendix A of 40 CFR 60 (Chapter 1) as amended: For sulfur dioxide, use Reference Method 6; for nitrogen oxides, use Reference method 7; and for carbon dioxide or oxygen, use Reference Method 3. The gases may be analyzed at less frequent intervals if longer shelf lives are guaranteed by the manufacturer.

3. Cycling time: Time includes the total time required to sample, analyze, and record an emission measurement.

a. Continuous emission monitoring systems for measuring opacity shall complete a minimum of one cycle of sampling and analyzing for each successive six-minute period.

b. Continuous emission monitoring systems for measuring oxides of nitrogen, carbon dioxide, oxygen, or sulfur dioxide shall complete a minimum of one cycle of operation (sampling, analyzing, and date recording) for each successive 15-minute period.

4. Monitor location: All continuous emission monitoring systems or monitoring devices shall be installed such that representative measurements of emissions of process parameter (i.e., oxygen, or carbon dioxide) from the affected facility are obtained. Additional guidance for location of continuous emission monitoring systems to obtain representative samples are contained in the applicable performance specifications of Appendix B of 40 CFR 60.

5. Combined effluents: When the effluents from two or more affected facilities of similar design and operating characteristics are combined before being released to the atmosphere through more than one point, separate monitors shall be installed.

6. Zero and drift: Owners or operators of all continuous emission monitoring systems installed in accordance with the requirements of this Section shall record the zero and span drift in accordance with the method prescribed by the manufacturer's recommended zero and span check at least once daily, using calibration gases specified in subsection (C) as applicable, unless the manufacturer has recommended adjustments at shorter intervals, in which case such recommendations shall be followed; shall adjust the zero span whenever the 24-hour zero drift or 24-hour calibration drift limits of the applicable performance specifications in Appendix B of Part 60, Chapter 1, Title 40 CFR are exceeded.

7. Span: Instrument span should be approximately 200% of the expected instrument data display output corresponding to the emission standard for the source.

E. Minimum data requirement: The following subsections set forth the minimum data reporting requirements for sources employing continuous monitoring equipment as specified in this Section. These periodic reports do not relieve the source operator from the reporting requirements of R18-2-310.01 .

1. The owners or operators of facilities required to install continuous emission monitoring systems shall submit to the Director a written report of excess emissions for each calendar quarter and the nature and cause of the excess emissions, if known. The averaging period used for data reporting shall correspond to the averaging period specified in the emission standard for the pollutant source category in question. The required report shall include, as a minimum, the data stipulated in this subsection.

2. For opacity measurements, the summary shall consist of the magnitude in actual percent opacity of all six-minute opacity averages greater than any applicable standards for each hour of operation of the facility. Average values may be obtained by integration over the averaging period or by arithmetically averaging a minimum of four equally spaced, instantaneous opacity measurements per minute. Any time periods exempted shall be deleted before determining any averages in excess of opacity standards.

3. For gaseous measurements the summary shall consist of emission averages in the units of the applicable standard for each averaging period during which the applicable standard was exceeded.

4. The date and time identifying each period during which the continuous emission monitoring system was inoperative, except for zero and span checks and the nature of system repair or adjustment shall be reported. The Director may require proof of continuous emission monitoring system performance whenever system repairs or adjustments have been made.

5. When no excess emissions have occurred and the continuous emission monitoring system(s) have not been inoperative, repaired, or adjusted, such information shall be included in the report.

6. Owners or operators of affected facilities shall maintain a file of all information reported in the quarterly summaries, and all other data collected either by the continuous emission monitoring system or as necessary to convert monitoring data to the units of the applicable standard for a minimum of two years from the date of collection of such data or submission of such summaries.

F. Data reduction: Owners or operators of affected facilities shall use the following procedures for converting monitoring data to units of the standard where necessary.

1. For fossil-fuel fired steam generators the following procedures shall be used to convert gaseous emission monitoring data in parts per million to g/million cal (lb/million Btu) where necessary.

a. When the owner or operator of a fossil-fuel fired steam generator elects under subsection (C)(1)(d) to measure oxygen in the flue gases, the measurements of the pollutant concentration and oxygen concentration shall each be on a consistent basis (wet or dry).

i. When measurements are on a wet basis, except where wet scrubbers are employed or where moisture is otherwise added to stack gases, the following conversion procedure shall be used:

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ii. When measurements are on a wet basis and the water vapor content of the stack gas is determined at least once every 15 minutes the following conversion procedure shall be used:

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Use of this equation is contingent upon demonstrating the ability to accurately determine B(ws) such that any absolute error in B(ws) will not cause an error of more than ±1.5% in the term:

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iii. When measurements are on a dry basis, the following conversation procedure shall be used:

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b. When the owner or operator elects under subsection (C)(1)(d) to measure carbon dioxide in the flue gases, the measurement of the pollutant concentration and the carbon dioxide concentration shall each be on a consistent basis (wet or dry) and the following conversion procedure used;

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c. The values used in the equations under subsection (F)(1) above are derived as follows:

E(Q) = pollutant emission, g/million cal (lb/million Btu).

C = pollutant concentration, g/dscm (lb/dscf), determined by multiplying the average concentration (ppm) for each hourly period by 4.16 x 10^-5 M g/dscm per ppm (2.64 x 10^-9 M lb/dscf per ppm) where M = pollutant molecular weight, g/g-mole (lb/lb-mole), M = 64 for sulfur dioxide and 46 for oxides of nitrogen.

C(ws) = pollutant concentrations at stack conditions, g/wscm (lb/wscf), determined by multiplying the average concentration (ppm) for each one-hour period by 4.15 x 10^-5 M lb/wscm per ppm) (2.59 x 10^-5 M lb/wscf per ppm) where M = pollutant molecular weight, g/g mole (lb/lb mole). M = 64 for sulfur dioxide and 46 for nitrogen oxides.

%O(2),%CO(2) = Oxygen or carbon dioxide volume (expressed as percent) determined with equipment specified under subsection (D)(1)(d).

F,F(c) = A factor representing a ratio of the volume of dry flue gases generated to the calorific value of the fuel combusted (F), a factor representing a ratio of the volume of carbon dioxide generated to the calorific value of the fuel combusted (F(c)), respectively. Values of F and F(c) are given in 40 CFR 60.45(f) (Chapter 1).

F(w) = A factor representing a ratio of the volume of wet flue gases generated to the caloric value of the fuel combusted. Values of F(w) are given in Reference Method 19 of the Arizona Testing Manual.

B(wa) = Proportion by volume of water vapor in the ambient air. Approval may be given for determination of B(w)a by on-site instrumental measurement provided that the absolute accuracy of the measurement technique can be demonstrated to be within ± 0.7% water vapor. Estimation methods for B(wa) are given in Reference Method 19 of the Arizona Testing Manual.

B(ws) = Proportion by volume of water vapor in the stack gas.

2. For sulfuric acid plants as defined in R18-2-101, the owner or operator shall:

a. Establish a conversion factor three times daily according to the procedures of 40 CFR 60.84(b) (Chapter 1),

b. Multiply the conversion factor by the average sulfur dioxide concentration in the flue gases to obtain average sulfur dioxide emissions in Kg/metric ton (lb/short ton), and

c. Report the average sulfur dioxide emission for each averaging period in excess of the applicable emission standard in the quarterly summary.

For nitric acid plants, the owner or operator shall:

a. Establish a conversion factor according to the procedures of 40 CFR 60.73(b) (Chapter 1),

b. Multiply the conversion factor by the average nitrogen oxides concentration in the flue gases to obtain the nitrogen oxides emissions in the units of the applicable standard,

c. Report the average nitrogen oxides emission for each averaging period in excess of applicable emission standard in the quarterly summary.

4. The Director may allow data reporting or reduction procedures varying from those set forth in this Section if the owner or operator of a source shows to the satisfaction of the Director that his procedures are at least as accurate as those in this Section. Such procedures may include but are not limited to the following:

a. Alternative procedures for computing emission averages that do not require integration of data (e.g., some facilities may demonstrate that the variability of their emissions is sufficiently small to allow accurate reduction of data based upon computing averages from equally spaced data points over the averaging period).

b. Alternative methods of converting pollutant concentration measurements to the units of the emission standards.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (C), paragraph (1), subparagraph (d) (Supp 80-2). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-313 renumbered without change as R18-2-313 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-2-314 Quality Assurance

Facilities subject to the permit requirements of this Article shall submit a quality assurance plan to the Director that meets the requirements of R18-2-311(D)(3) within 12 months of the effective date of this Section. Facilities subject to the requirements of R18-2-313 shall submit a quality assurance plan as specified in the permit.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-314 renumbered without change as R18-2-314 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-315 Posting of Permit

A. Any person who has been granted an individual or general permit shall post such permit or a certificate of permit issuance on location where the equipment is installed in such a manner as to be clearly visible and accessible. All equipment covered by the permit shall be clearly marked with one of the following:

1. The current permit number,

2. A serial number or other equipment number that is also listed in the permit to identify that piece of equipment.

B. A copy of the complete permit shall be kept on the site.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-315 renumbered without change as R18-2-315 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-316 Notice by Building Permit Agencies

All agencies of the county or political subdivisions of the county that issue or grant building permits or approvals shall examine the plans and specifications submitted by an applicant for a permit or approval to determine if an air pollution permit will possibly be required under the provisions of this Chapter. If it appears that an air pollution permit will be required, the agency or political subdivision shall give written notice to the applicant to contact the Director and shall furnish a copy of that notice to the Director.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-316 renumbered without change as R18-2-316 (Supp. 87-3).

Ariz. Admin. Code § R18-2-317 Facility Changes Allowed Without Permit Revisions - Class I

A. A facility with a Class I permit may make changes that contravene an express permit term without a permit revision if all of the following apply:

1. The changes are not modifications under any provision of Title I of the Act or under A.R.S. § 49-401.01(24);

2. The changes do not exceed the emissions allowable under the permit whether expressed therein as a rate of emissions or in terms of total emissions;

3. The changes do not violate any applicable requirements or trigger any additional applicable requirements;

4. The changes satisfy all requirements for a minor permit revision under R18-2-319(A);

5. The changes do not contravene federally enforceable permit terms and conditions that are monitoring (including test methods), recordkeeping, reporting, or compliance certification requirements; and

6. The changes do not constitute a minor NSR modification.

B. The substitution of an item of process or pollution control equipment for an identical or substantially similar item of process or pollution control equipment shall qualify as a change that does not require a permit revision, if the substitution meets all of the requirements of subsections (A), (D), and (E).

C. Except for sources with authority to operate under general permits, permitted sources may trade increases and decreases in emissions within the permitted facility, as established in the permit under R18-2-306(A)(12), if an applicable implementation plan provides for the emissions trades without applying for a permit revision and based on the seven working days notice prescribed in subsection (D). This provision is available if the permit does not provide for the emissions trading as a minor permit revision.

D. For each change under subsections (A) through (C), a written notice by certified mail or hand delivery shall be received by the Director and the Administrator a minimum of seven working days in advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided less than seven working days in advance of the change but must be provided as far in advance of the change or, if advance notification is not practicable, as soon after the change as possible.

E. Each notification shall include:

1. When the proposed change will occur;

2. A description of the change;

3. Any change in emissions of regulated air pollutants;

4. The pollutants emitted subject to the emissions trade, if any;

5. The provisions in the implementation plan that provide for the emissions trade with which the source will comply and any other information as may be required by the provisions in the implementation plan authorizing the trade;

6. If the emissions trading provisions of the implementation plan are invoked, then the permit requirements with which the source will comply; and 7. Any permit term or condition that is no longer applicable as a result of the change.

F. The permit shield described in R18-2-325 shall not apply to any change made under subsections (A) through (C). Compliance with the permit requirements that the source will meet using the emissions trade shall be determined according to requirements of the implementation plan authorizing the emissions trade.

G. Except as otherwise provided for in the permit, making a change from one alternative operating scenario to another as provided under R18-2-306(A)(11) shall not require any prior notice under this Section.

H. The Director shall make available to the public monthly summaries of all notices received under this Section.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-317 renumbered without change as R18-2-317 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-317.01 Facility Changes that Require a Permit Revision - Class II

A. The following changes at a source with a Class II permit shall require a permit revision:

1. A change that would trigger a new applicable requirement or violate an existing applicable requirement.

2. Establishment of, or change in, an emissions cap under R18-2-306.02;

3. A change that will require a case-by-case determination of an emission limitation or other standard, or a source-specific determination of ambient impacts, or a visibility or increment analysis;

4. A change that results in emissions that are subject to monitoring, recordkeeping or reporting under R18-2-306(A)(3), (4), or (5) if the emissions cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit;

5. A change that will authorize the burning of used oil, used oil fuel, hazardous waste, or hazardous waste fuel, or any other fuel not currently authorized by the permit;

6. A change that requires the source to obtain a Class I permit;

Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better pollutant removal efficiency;

8. Establishment or revision of a limit under R18-2-306.01;

9. Increasing operating hours or rates of production above the permitted level;

10. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results:

a. From removing equipment that results in a permanent decrease in actual emissions, if the source keeps onsite records of the change in a log that satisfies Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or

b. From a change in an applicable requirement; and

11. A minor NSR modification.

B. A source with a Class II permit may make any physical change or change in the method of operation without revising the source's permit unless the change is specifically prohibited in the source's permit or is a change described in subsection (A). A change that does not require a permit revision may still be subject to requirements in R18-2-317.02.

History

• New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-317.02 Procedures for Certain Changes that Do Not Require a Permit Revision - Class II

A. Except for a physical change or change in the method of operation at a Class II source requiring a permit revision under R18-2-317.01, or a change subject to logging or notice requirements in subsection (B) or (C), a change at a Class II source shall not be subject to revision, notice, or logging requirements under this Chapter.

B. Except as otherwise provided in the conditions applicable to an emissions cap created under R18-2-306.02, the following changes may be made if the source keeps onsite records of the changes according to Appendix 3:

1. Implementing an alternative operating scenario, including raw material changes;

2. Changing process equipment, operating procedures, or making any other physical change if the permit requires the change to be logged;

3. Engaging in any new insignificant activity listed in the definition of insignificant activities in R18-2-101 but not listed in the permit;

4. Replacing an item of air pollution control equipment listed in the permit with an identical (same model, different serial number) item. The Director may require verification of efficiency of the new equipment by performance tests; and

5. A change that results in a decrease in actual emissions if the source wants to claim credit for the decrease in determining whether the source has a net emissions increase for any purpose. The logged information shall include a description of the change that will produce the decrease in actual emissions. A decrease that has not been logged is creditable only if the decrease is quantifiable, enforceable, and otherwise qualifies as a creditable decrease.

C. Except as provided in the conditions applicable to an emissions cap created under R18-2-306.02, the following changes may be made if the source provides written notice to the Department in advance of the change as provided below:

Replacing an item of air pollution control equipment listed in the permit with one that is not identical but that is substantially similar and has the same or better pollutant removal efficiency: seven days. The Director may require verification of efficiency of the new equipment by performance tests;

2. A physical change or change in the method of operation that increases actual emissions more than 10% of the major source threshold for any conventional pollutant but does not require a permit revision: seven days;

3. Replacing an item of air pollution control equipment listed in the permit with one that is not substantially similar but that has the same or better efficiency: 30 days. The Director may require verification of efficiency of the new equipment by performance tests;

4. A change that would trigger an applicable requirement that already exists in the permit: 30 days unless otherwise required by the applicable requirement;

5. A change that amounts to reconstruction of the source or an affected facility: seven days. For purposes of this subsection, reconstruction of a source or an affected facility shall be presumed if the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new source or affected facility and the changes to the components have occurred over the 12 consecutive months beginning with commencement of construction; and

6. A change that will result in the emissions of a new regulated air pollutant above an applicable regulatory threshold but that does not trigger a new applicable requirement for that source category: 30 days. For purposes of this requirement, an applicable regulatory threshold for a conventional air pollutant shall be 10% of the applicable major source threshold for that pollutant.

D. For each change under subsection (C), the written notice shall be by certified mail or hand delivery and shall be received by the Director the minimum amount of time in advance of the change. Notifications of changes associated with emergency conditions, such as malfunctions necessitating the replacement of equipment, may be provided with less than required notice, but must be provided as far in advance of the change, or if advance notification is not practicable, as soon after the change as possible. The written notice shall include:

1. When the proposed change will occur,

2. A description of the change,

3. Any change in emissions of regulated air pollutants, and

Any permit term or condition that is no longer applicable as a result of the change.

E. A source may implement any change in subsection (C) without the required notice by applying for a minor permit revision under R18-2-319 and complying with R18-2-319(D)(2) and (G).

F. The permit shield described in R18-2-325 shall not apply to any change made under this Section, other than implementation of an alternate operating scenario under subsection (B)(1).

G. Notwithstanding any other part of this Section, the Director may require a permit to be revised for any change that, when considered together with any other changes submitted by the same source under this Section over the term of the permit, constitutes a change under R18-317.01(A).

H. If a source change is described under both subsections (B) and (C), the source shall comply with subsection (C). If a source change is described under both subsection (C) and R18-2-317.01(B), the source shall comply with R18-2-317.01(B).

I. A copy of all logs required under subsection (B) shall be filed with the Director within 30 days after each anniversary of the permit issue date. If no changes were made at the source requiring logging, a statement to that effect shall be filed instead.

History

• New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-318 Administrative Permit Amendments

A. Except for provisions pursuant to Title IV of the Act, an administrative permit amendment is a permit revision that does any of the following:

1. Corrects typographical errors;

2. Identifies a change in the name, address, or phone number of any person identified in the permit, or provides a similar minor administrative change at the source;

3. Requires more frequent monitoring or reporting by the permittee;

Allows for a change in ownership or operational control of a source as approved under R18-2-323 where the Director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility coverage, and liability between the current and new permittee has been submitted to the Director;

B. Administrative permit amendments to Title IV provisions of the permit shall be governed by regulations promulgated by the Administrator under Title IV of the Act.

C. The Director shall take no more than 60 days from receipt of a request for an administrative permit amendment to take final action on such request, and for Class I permits may incorporate such changes without providing notice to the public or affected states provided that it designates any such permit revisions as having been made pursuant to this Section.

D. The Director shall submit a copy of Class I permits revised under this Section to the Administrator.

E. Except for administrative permit amendments involving a transfer under R18-2-323, the source may implement the changes addressed in the request for an administrative amendment immediately upon submittal of the request.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-318 renumbered without change as R18-2-318 (Supp. 87-3). Amended subsection (A) effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-318.01 Annual Summary Permit Amendments for Class Ii Permits

The Director may amend any Class II permit annually without following R18-2-321 in order to incorporate changes reflected in logs or notices filed under R18-2-317.02 . The amendment shall be effective to the anniversary date of the permit. The Director shall make available to the public for any source:

1. A complete record of logs and notices sent to the Department under R18-2-317.02; and

2. Any amendments or revisions to the source's permit.

History

• New Section adopted by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-2-319 Minor Permit Revisions

A. Minor permit revision procedures may be used only for those changes at a Class I source that satisfy all of the following:

Do not violate any applicable requirement;

2. Do not involve substantive changes to existing monitoring, reporting, or recordkeeping requirements in the permit;

3. Do not require or change a case-by-case determination of an emission limitation or other standard, or a source-specific determination of ambient impacts, or an analysis of impacts on visibility or maximum increases allowed under R18-2-218;

4. Do not seek to establish or change a permit term or condition for which there is no corresponding underlying applicable requirement and that the source has assumed in order to avoid an applicable requirement to which the source would otherwise be subject. The terms and conditions include:

a. A federally enforceable emissions cap that the source would assume to avoid classification as a modification under any provision of Title I of the Act; and

b. An alternative emissions limit approved under regulations promulgated under the section 112(i)(5) of the Act.

5. Are not modifications under any provision of Title I of the Act;

Are not changes in fuels not represented in the permit application or provided for in the permit;

7. Are not minor NSR modifications subject to R18-2-334; and

8. Are not required to be processed as a significant permit revision under R18-2-320.

B. Minor permit revision procedures shall be used for the following changes at a Class II source:

1. A change that triggers a new applicable requirement if all of the following apply:

a. The change is not a minor NSR modification subject to R18-2-334;

b. A case-by-case determination of an emission limitation or other standard is not required; and

c. The change does not require the source to obtain a Class I permit.

2. A change that increases emissions above the permitted level unless the increase otherwise creates a condition that requires a significant permit revision;

3. A change in fuel from fuel oil or coal, to natural gas or propane, if not authorized in the permit;

4. A change that results in emissions subject to monitoring, recordkeeping, or reporting under R18-2-306(A)(3),(4), or (5) and that cannot be measured or otherwise adequately quantified by monitoring, recordkeeping, or reporting requirements already in the permit;

5. A decrease in the emissions permitted under an emissions cap unless the decrease requires a change in the conditions required to enforce the cap or to ensure that emissions trades conducted under the cap are quantifiable and enforceable; and

6. Replacement of an item of air pollution control equipment listed in the permit with one that does not have the same or better efficiency.

C. As approved by the Director, minor permit revision procedures may be used for permit revisions involving the use of economic incentives, marketable permits, emissions trading, and other similar approaches, to the extent that the minor permit revision procedures are explicitly provided for in an applicable implementation plan or in applicable requirements promulgated by the Administrator.

D. An application for minor permit revision shall be on the standard application form provided under R18-2-304(B) and include the following:

1. A description of the change, the emissions resulting from the change, and any new applicable requirements that will apply if the change occurs;

2. For Class I sources, and any source that is making the change immediately after it files the application, the source's suggested draft permit;

Certification by a responsible official, consistent with standard permit application requirements, that the proposed revision meets the criteria for use of minor permit revision procedures and a request that the procedures be used;

E. EPA and affected state notification. For Class I permits, within five working days of receipt of an application for a minor permit revision, the Director shall notify the Administrator and affected states of the requested permit revision in accordance with R18-2-307.

F. For Class I permits, the Director shall not issue a final permit revision until after the Administrator's 45-day review period or until the Administrator has notified the Director that the Administrator will not object to issuance of the permit revision, whichever is first, although the Director may approve the permit revision before that time. Within 90 days of the Director's receipt of an application under minor permit revision procedures, or 15 days after the end of the Administrator's 45-day review period, whichever is later, the Director shall do one or more of the following:

1. Issue the permit revision as proposed,

2. Deny the permit revision application,

3. Determine that the proposed permit revision does not meet the minor permit revision criteria and should be reviewed under the significant revision procedures, or

4. Revise the proposed permit revision and transmit to the Administrator the new proposed permit revision as required in R18-2-307.

G. The source may make the change proposed in its minor permit revision application immediately after it files the application. After a Class I source makes a change allowed by the preceding sentence, and until the Director takes any of the actions specified in subsection (F), the source shall comply with both the applicable requirements governing the change and the proposed revised permit terms and conditions. During this time period, the Class I source need not comply with the existing permit terms and conditions it seeks to modify. However, if the Class I source fails to comply with its proposed permit terms and conditions during this time period, the existing permit terms and conditions it seeks to revise may be enforced against it.

H. The permit shield under R18-2-325 shall not extend to minor permit revisions.

I. Notwithstanding any other part of this Section, the Director may require a permit to be revised under R18-2-320 for any change that, when considered together with any other changes submitted by the same source under this Section or R18-2-317.02 over the life of the permit, do not satisfy subsection (A) for Class I sources or subsection (B) for Class II sources.

J. The Director shall make available to the public monthly summaries of all applications for minor permit revisions.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-319 renumbered without change as R18-2-319 (Supp. 87-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-320 Significant Permit Revisions

A. For Class I sources, a significant revision shall be used for an application requesting a permit revision that does not qualify as a minor permit revision or as an administrative amendment. A significant revision that is only required because of a change described in R18-2-319(A)(6) or (7) shall not be considered a significant permit revision under part 70 for the purposes of 40 CFR 64.5(a)(2). Every significant change in existing monitoring permit terms or conditions and every relaxation of reporting or recordkeeping permit terms or conditions shall follow significant revision procedures.

B. A source with a Class II permit shall make the following changes only after the permit is revised following the public participation requirements of R18-2-330:

1. Establishing or revising a voluntarily accepted emission limitation or standard as described by R18-2-306.01 or R18-2-306.02, except a decrease in the limitation authorized by R18-2-319(B)(5);

2. Making any change in fuel not authorized by the permit and that is not fuel oil or coal, to natural gas or propane;

3. A change that is a minor NSR modification subject to R18-2-334;

4. A change that relaxes monitoring, recordkeeping, or reporting requirements, except when the change results from:

a. Removing equipment that results in a permanent decrease in actual emissions, if the source keeps onsite records of the change in a log that satisfies Appendix 3 of this Chapter and if the requirements that are relaxed are present in the permit solely for the equipment that was removed; or

b. A change in an applicable requirement.

5. A change that will cause the source to violate an existing applicable requirement including the conditions establishing an emissions cap;

6. A change that will require any of the following:

a. A case-by-case determination of an emission limitation or other standard;

b. A source-specific determination of ambient impacts, or an analysis of impacts on visibility or maximum allowable increases allowed under R18-2-218; or

c. A case-by-case determination of a monitoring, recordkeeping, and reporting requirement.

7. A change that requires the source to obtain a Class I permit.

C. Any modification to a major source of federally listed hazardous air pollutants, and any reconstruction of a source, or a process or production unit, under section 112(g) of the Act and regulations promulgated thereunder, shall follow significant permit revision procedures and any rules adopted under A.R.S. § 49-426.03.

D. Significant permit revisions shall meet all requirements of this Article for applications, public participation, review by affected states, and review by the Administrator that apply to permit issuance and renewal. Notwithstanding R18-2-330(C), the Director may provide notice for changes requiring a significant permit revision solely under subsection (B)(2), (4) or (6)(c) by posting a notice on the Department's web site, sending e-mails to persons who have requested electronic notification of the Department's proposed air quality permit actions and by mailing a copy of the notice as provided in R18-2-330(C)(1).

E. When an existing source applies for a significant permit revision to revise its permit from a Class II permit to a Class I permit, it shall submit a Class I permit application in accordance with R18-2-304 . The Director shall issue the entire permit, and not just the portion being revised, in accordance with Class I permit content and issuance requirements, including requirements for public, affected state, and EPA review, contained in R18-2-307 and R18-2-330.

History

• Adopted effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 343, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-321 Permit Reopenings; Revocation and Reissuance; Termination

A. Reopening for Cause.

1. Each issued permit shall include provisions specifying the conditions under which the permit shall be reopened prior to the expiration of the permit. A permit shall be reopened and revised under any of the following circumstances:

a. Additional applicable requirements under the Act become applicable to a major source with a remaining permit term of three or more years. Such a reopening shall be completed not later than 18 months after promulgation of the applicable requirement. No such reopening is required if the effective date of the requirement is later than the date on which the permit is due to expire, unless the original permit or any of its terms and conditions has been extended pursuant to R18-2-322(B) . Any permit revision required pursuant to this subsection shall comply with provisions in R18-2-322 for permit renewal and shall reset the five-year permit term.

b. Additional requirements, including excess emissions requirements, become applicable to an affected source under the acid rain program. Upon approval by the Administrator, excess emissions offset plans shall be deemed to be incorporated into the Class I permit.

c. The Director or the Administrator determines that the permit contains a material mistake or that inaccurate statements were made in establishing the emissions standards or other terms or conditions of the permit.

d. The Director or the Administrator determines that the permit needs to be revised or revoked to assure compliance with the applicable requirements.

2. Proceedings to reopen and issue a permit, including appeal of any final action relating to a permit reopening, shall follow the same procedures as apply to initial permit issuance and shall, except for reopenings under subsection (A)(1)(a), affect only those parts of the permit for which cause to reopen exists. Such reopening shall be made as expeditiously as practicable.

Reopenings under subsection (A)(1) shall not be initiated before a notice of such intent is provided to the source by the Director at least 30 days in advance of the date that the permit is to be reopened, except that the Director may provide a shorter time period in the case of an emergency.

4. When a permit is reopened and revised pursuant to this Section, the Director may make appropriate revisions to the permit shield established pursuant to R18-2-325.

B. Within 10 days of receipt of notice from the Administrator that cause exists to reopen a Class I permit, the Director shall notify the source. The source shall have 30 days to respond to the Director. Within 90 days of receipt of notice from the Administrator that cause exists to reopen a permit, or within any extension to the 90 days granted by EPA, the Director shall forward to the Administrator and the source a proposed determination of termination, revision, or revocation and reissuance of the permit. Within 90 days of receipt of an EPA objection to the Director's proposal, the Director shall resolve the objection and act on the permit.

C. The Director may issue a notice of termination of a permit or registration issued pursuant to this Chapter if:

1. The Director has reasonable cause to believe that the permit or registration was obtained by fraud or misrepresentation.

2. The person applying for the permit or registration failed to disclose a material fact required by the application form or the regulation applicable to the permit or registration, of which the applicant had or should have had knowledge at the time the application was submitted.

3. The terms and conditions of the permit or registration have been or are being violated.

D. If the Director issues a notice of termination under this Section, the notice shall be served on the permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation and a statement that the permittee is entitled to a hearing.

History

• Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-321 renumbered without change as R18-2-321 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-322 Permit Renewal and Expiration

A. A permit being renewed is subject to the same procedural requirements, including any for public participation and affected states and Administrator review, that would apply to that permit's initial issuance.

B. Except as provided in R18-2-303(A), permit expiration terminates the source's right to operate unless a timely application for renewal that is sufficient under A.R.S. § 41-1064 has been submitted in accordance with R18-2-304 . Any testing that is required for renewal shall be completed before the proposed permit is issued by the Director.

C. The Director shall act on an application for a permit renewal within the same time-frames as on an initial permit.

History

• Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-322 renumbered without change as R18-2-322 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-323 Permit Transfers

A. Except as provided in A.R.S. § 49-429 and subsection (B), a Class I or II permit may be transferred to another person if the person who holds the permit gives notice to the Director in writing at least 30 days before the proposed transfer. The notice shall contain the following:

1. The permit number and expiration date;

2. The name, address, and telephone number of the current permit holder;

3. The name, address and telephone number of the person to receive the permit;

4. The name and title of the individual within the organization who is accepting responsibility for the permit along with a signed statement by that person indicating such acceptance;

5. A description of the equipment to be transferred;

6. A written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittee;

7. Provisions for the payment of any fees pursuant to R18-2-326 or R18-2-501 that will be due and payable before the effective date of transfer;

8. Sufficient information about the source's technical and financial capabilities of operating the source to allow the Director to make the decision in subsection (B) including:

a. The qualifications of each person principally responsible for the operation of the source;

b. A statement by the chief financial officer of the new permittee that it is financially capable of operating the facility in compliance with the law, and the information that provides the basis for that statement;

c. A brief description of any action for the enforcement of any federal or state law, or any county, city, or local government ordinance relating to the protection of the environment, instituted against any person employed by the new permittee and principally responsible for operating the facility during the five years preceding the date of application. In lieu of this description, the new permittee may submit a copy of the certificate of disclosure or 10-K form required under A.R.S. § 49-109, or a statement that this information has been filed in compliance with A.R.S. § 49-109.

B. The Director shall deny the transfer if the Director determines that the organization receiving the permit is not capable of operating the source in compliance with A.R.S. Title 49, Chapter 3, Article 2, the provisions of this Chapter or the provisions of the permit. Notice of the denial shall be sent to the original permit holder by certified mail stating the reason for the denial within 10 working days of the Director's receipt of the application. If the transfer is not denied within 10 working days after receipt of the notice, it shall be deemed approved.

C. To appeal the transfer denial:

1. Both the transferor and transferee shall petition the Office of Administrative Hearings in writing for a public hearing; and

2. All parties shall follow the appeal process for a permit.

D. The Director shall make available to the public monthly summaries of all notices received under this Section.

History

• Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-323 renumbered without change as R18-2-323 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Section repealed, new Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 4698, effective February 3, 2007 (Supp. 06-4).

Ariz. Admin. Code § R18-2-324 Portable Sources

A. A portable source that will operate for the duration of its permit solely in one county that has established a local air pollution control program pursuant to A.R.S. § 49-479 shall obtain a permit from that county. A portable source with a county permit shall not operate in any other county. A portable source that has a permit issued by the Director and obtains a county permit shall request that the Director terminate the permit. Upon issuance of the county permit, the permit issued by the Director is no longer valid.

B. A portable source which has a county permit but proposes to operate outside that county shall obtain a permit from the Director. A portable source that has a permit issued by a county and obtains a permit issued by the Director shall request that the county terminate the permit. Upon issuance of a permit by the Director, the county permit is no longer valid. Before commencing operation in the new county, the source shall notify the Director and the control officer who has jurisdiction in the county that includes the new location according to subsection (C).

C. An owner of portable source equipment which requires a permit under this Chapter shall obtain the permit prior to renting or leasing said equipment. This permit shall be provided by the owner to the renter or lessee, and the renter or lessee shall be bound by the permit provisions. In the event a copy of the permit is not provided to the renter or lessee, both the owner and the lessee or renter shall be responsible for the operation of this equipment in compliance with the permit conditions and any violations thereof.

D C. A portable source may be transferred from one location to another provided that the owner or operator of such equipment notifies the Director and any control officer who has jurisdiction over the geographic area that includes the new location of the transfer prior to the transfer. The notification required under this subsection shall include:

1. A description of the equipment to be transferred including the permit number for such equipment;

2. A description of the present location;

3. A description of the new location;

4. The date on which the equipment is to be moved; and

5. The date on which operation of the equipment will begin at the new location.

E D.Any permit for a portable source shall contain conditions that will assure compliance with all applicable requirements at all authorized locations.

History

• Adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-325 Permit Shields

A. Each Class I or II permit issued under this Chapter shall specifically identify all federal, state, and local air pollution control requirements applicable to the source at the time the permit is issued. The permit shall state that compliance with the conditions of the permit shall be deemed compliance with any applicable requirement as of the date of permit issuance, provided that such applicable requirements are included and expressly identified in the permit. The Director may include in a permit determinations that other requirements specifically identified are not applicable. Any permit under this Chapter that does not expressly state that a permit shield exists shall not provide such a shield.

B. Nothing in this Section or in any permit shall alter or affect the following:

1. The provisions of Section 303 of the Act (emergency orders), including the authority of the Administrator under that Section;

2. The liability of an owner or operator of a source for any violation of applicable requirements prior to or at the time of permit issuance;

3. The applicable requirements of the acid rain program, consistent with Section 408(a) of the Act;

4. The ability of the Administrator or the Director to obtain information from a source pursuant to Section 114 of the Act, or any provision of state law;

5. The authority of the Director to require compliance with new applicable requirements adopted after the permit is issued.

C. In addition to the provisions of R18-2-321, a permit may be reopened by the Director and the permit shield revised when it is determined that standards or conditions in the permit are based on incorrect information provided by the applicant.

History

• Emergency rule adopted effective September 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency rule re-adopted without change effective December 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency expired; text deleted (Supp. 93-1). New Section adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-326 Fees Related to Individual Permits

A. Source Categories. The owner or operator of a source required to have an air quality permit from the Director shall pay the fees described in this Section unless authorized to operate under a general permit issued under Article 5. The fees are based on a source being classified in one of the following three categories:

Class I Title V sources are those required or that elect to have a permit under R18-2-302(B)(1).

2. Class II Title V sources are those required to have a permit under R18-2-302(B)(2) and that are subject to new source performance standards or national emission standards for hazardous air pollutants.

3. Class II Non-Title V sources are those required to have a permit under R18-2-302(B)(2) and that are not subject to new source performance standards or national emission standards for hazardous air pollutants.

B. Fees for Permit Actions.

1. The owner or operator of a Class I Title V source, Class II Title V source, or Class II Non-Title V source shall pay to the Director the following:

a. $133.50 per hour, adjusted annually under subsection (H), for all permit processing time required for a billable permit action; and

b. The actual costs of public notice conducted according to R18-2-330.

2. The Director may require periodic payment of permit processing fees based on the most recent accounting of time spent processing the permit including any fees for contractors.

3. Upon completion of permit processing activities other than issuance or denial of the permit or permit revision, the Director shall send notice of the decision to the applicant along with a final itemized bill. The maximum fee for any billable permit action for a non-Title V source is $25,000. Except as provided in subsection (G), the Director shall not issue a permit or permit revision until the final bill is paid in full.

C. Class I Title V Fees. The owner or operator of a Class I Title V source that has undergone initial startup by January 1 shall annually pay to the Director an administrative fee plus an emissions-based fee as follows:

1. The applicable administrative fee from the table below, as adjusted annually under subsection (H). The fee is due by February 1 or 60 days after the Director mails the invoice under subsection (F), whichever is later.

| Class I Title V Source Category | Administrative Fee | | --- | --- | | Aerospace | $20,800 | | Air Curtain incinerator | $750 | | Cement Plants | $63,690 | | Combustion/Boilers | $15,480 | | Compressor Stations | $12,730 | | Electronics | $20,490 | | Expandable Foam | $14,680 | | Foundries | $19,520 | | Landfills | $15,960 | | Lime Plants | $60,160 | | Copper & Nickel Mines | $15,000 | | Gold Mines | $15,000 | | Mobile Home Manufacturing | $14,830 | | Paper Mills | $20,480 | | Paper Coaters | $15,480 | | Petroleum Products Terminal Facilities | $22,730 | | Polymeric Fabric Coaters | $20,480 | | Reinforced Plastics | $15,480 | | Semiconductor Fabrication | $26,930 | | Copper Smelters | $63,690 | | Utilities - Fossil Fuel Fired Except Coal | $16,440 | | Utilities - Coal Fired | $32,570 | | Vitamin/Pharmaceutical Manufacturing | $15,800 | | Wood Furniture | $15,480 | | Others | $20,490 | | Others with Continuous Emissions Monitoring | $20,490 |

2. An emissions-based fee of $38.25 per ton of actual emissions of all regulated pollutants emitted during the previous calendar year ending 12 months earlier. The fee is adjusted annually under subsection (C)(2)(d) and due by February 1 or 60 days after the Director mails the invoice under subsection (F), whichever is later.

a. For purposes of this Section, "actual emissions" means the quantity of all regulated pollutants emitted during the calendar year, as determined by the annual emissions inventory under R18-2-327.

b. For purposes of this Section, regulated pollutants consist of the following:

i. Nitrogen oxides and any volatile organic compounds;

ii. Conventional air pollutants, except carbon monoxide and ozone;

iii. Any pollutant that is subject to any standard promulgated under Section 111 of the Act, including fluorides, sulfuric acid mist, hydrogen sulfide, total reduced sulfur, and reduced sulfur compounds; and

iv. Any federally listed hazardous air pollutant.

c. For purposes of this Section, the following emissions of regulated pollutants are excluded from a source's actual emissions:

i. Emissions of any regulated pollutant from the source in excess of 4,000 tons per year;

ii. Emissions of any regulated pollutant already included in the actual emissions for the source, such as a federally listed hazardous air pollutant that is already accounted for as a VOC or as PM₁₀;

iii. Emissions from insignificant activities listed in the permit application for the source under R18-2-304(F)(8);

iv. Fugitive emissions of PM₁₀ from activities other than crushing, belt transfers, screening, or stacking; and

v. Fugitive emissions of VOC from solution-extraction units.

d. The Director shall adjust the rate for emission-based fees every November 1, after December 4, 2007, by multiplying $38.25 by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2007. The Consumer Price Index for any year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of that year.

D. Class II Title V Fees. The owner or operator of a Class II Title V source that has undergone initial startup by January 1 shall pay the applicable administrative fee from the table below, adjusted under subsection (H), for that calendar year, and annually thereafter. The fee is due by February 1 or 60 days after the Director mails the invoice under subsection (F), whichever is later.

| Class II Title V Source Category | Administrative Fee | | --- | --- | | Synthetic minor sources, except portable sources | Administrative fee from Class I Title V table for category | | Stationary | $8,070 | | Portables | $8,070 | | Small Source | $750 |

E. Class II Non-Title V Fees. The owner or operator of a Class II Non-Title V source that has undergone initial startup by January 1 shall pay the applicable inspection fee from the table below, adjusted under subsection (H), for that calendar year, and annually thereafter. The fee is due by February 1 or 60 days after the Director mails the invoice under subsection (F), whichever is later.

| Class II Non-Title V Source Category | Inspection Fee | | --- | --- | | Stationary | $5,230 | | Portables | $5,230 | | Gasoline Service Stations | $750 |

F. The Director shall mail the owner or operator of each source an invoice for all fees due under subsections (C), (D), or (E) by December 1.

G. Any person who receives a final itemized bill from the Director under this Section for a billable permit action may request an informal review of the hours billed and may pay the bill under protest as provided below:

1. The request shall be made in writing, and received by the Director within 30 days of the date of the final bill. Unless the Director and person agree otherwise, the informal review shall take place within 30 days after the Director's receipt of the request. The Director shall arrange the date and location of the informal review with the person at least 10 business days before the informal review. The Director shall review whether the amounts of time billed are correct and reasonable for the tasks involved. The Director shall mail his or her decision on the informal review to the person within 10 business days after the informal review date.

2. The Director's decision after informal review shall become final unless, within 30 days after person's receipt of the informal review decision, the person requests a hearing under R18-1-202.

3. If the final itemized bill is paid under protest, the Director shall take final action on the permit or permit revision.

H. The Director shall adjust the hourly rate every November 1, to the nearest 10 cents per hour, after December 4, 2007, by multiplying $133.50 by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2007. The Director shall adjust the administrative or inspection fees listed in subsections (C), (D), and (E) every November 1, to the nearest $10, beginning December 4, 2007, by multiplying the administrative or inspection fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2007. The Consumer Price Index for any year is the average of the Consumer Price Index for all-urban consumers published by the United States Department of Labor, as of the close of the 12-month period ending on August 31 of that year.

I. An applicant for a Class I or Class II permit or permit revision may request that the Director provide accelerated processing of the application by providing the Director written notice 60 days before filing the application. The request shall be accompanied by an initial fee of $15,000. The fee is non-refundable to the extent of the Director's costs for accelerating the processing if the Director undertakes the accelerated processing described below:

1. If an applicant requests accelerated permit processing, the Director may, to the extent practicable, undertake to process the permit or permit revision according to the following schedule:

a. For applications for initial Class I and II permits under R18-2-302 or significant permit revisions under R18-2-320, the Director shall issue or deny the proposed permit or permit revision within 120 days after the Director determines that the application is complete.

b. For minor permit revisions under R18-2-319, the Director shall issue or deny the permit revision within 60 days after receiving a complete application.

2. At any time after an applicant requests accelerated permit processing, the Director may require additional advance payments based on the most recent estimate of additional costs.

3. Upon completion of permit processing activities but before issuance or denial of the permit or permit revision, the Director shall send notice of the decision to the applicant along with a final bill. The maximum fee for any billable permit action for a non-Title V source is $25,000. The final bill shall include all regular permit processing and other fees due, and, in addition, the difference between the cost of accelerating the permit application, including any costs incurred by the Director in contracting for, hiring, or supervising the work of outside consultants, and all advance payments submitted for accelerated processing. In the event all payments made exceed actual accelerated permit costs, the Director shall refund the excess advance payments. Nothing in this subsection affects the public participation requirements of R18-2-330, or EPA and affected state review as required under R18-2-307 or R18-2-319.

J. Inactive Sources. The owner or operator of a permitted source that has undergone initial startup but was shut down for the entire preceding year shall pay 50 percent of the administrative or inspection fee required under subsection (C), (D), or (E). The owner or operator of a source claiming inactive status under this subsection shall submit a letter to the Director by December 15 of the calendar year for which the source was inactive. Termination of a permit does not relieve a source of any past fees due.

K. If an applicant uses the Tier 4 method for conducting a risk management analysis (RMA) according to R18-2-1708(B), the applicant shall pay any costs incurred by the Director in contracting for, hiring or supervising work of outside consultants.

L. Transition.

Subsections (A) through (J) of this Section are effective December 4, 2007. The first administrative or inspection fees are due on February 1, 2008.

2. Except as provided in subsection (b), all fees incurred after December 4, 2007, are payable in accordance with the rates contained in this Section.

a. Emission-based fees for calendar year 2006 shall be billed at $38.25 per ton and be due February 1, 2008.

b. The hourly rates and maximum fees for a new permit or permit revision are those in effect when the application for the permit or revision is determined to be complete.

c. Fees accrued but not yet paid before the effective date of this Section remain as obligations to be paid to the Department.

History

• Emergency rule adopted effective September 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency rule re-adopted without change effective December 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency expired; text deleted (Supp. 93-1). New Section adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 5670, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 10 A.A.R. 4767, effective November 4, 2004 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 4379, effective December 4, 2007 (Supp. 07-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-326.01 Expired

History

• New Section made by exempt rulemaking at 16 A.A.R. 844, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R. 613, effective February 14, 2017 (Supp. 17-1).

Ariz. Admin. Code § R18-2-327 Emissions Inventory Questionnaire and Emissions Statement

A. Emissions Inventory Questionnaire Requirements

1. Every source subject to permit requirements under this Chapter shall complete and submit to the Director an emissions inventory questionnaire as follows:

a. Sources Requiring a Class I Permit under R18-2-302(B) . Sources requiring a Class I permit under R18-2-302(B) shall complete and submit to the Director an emissions inventory questionnaire no later than June 1 of each year.

b. Sources Requiring a Class II Permit under R18-2-302(B)

i. Sources requiring a Class II permit under R18-2-302(B) shall complete and submit to the Director an emissions inventory questionnaire no later than June 1 every three years beginning June 1, 2021.

ii. At the Director's request, sources requiring a Class II permit under R18-2-302(B) may be required to complete and submit emissions inventory questionnaires in addition to the triennial emissions inventory questionnaire required under subsection (A)(1)(b)(i). The Director shall notify the owner or operator of the source in writing of the decision to require additional emissions inventory questionnaires.

2. These requirements apply whether or not a permit has been issued and whether or not a permit application has been filed.

B. 3. The emissions inventory questionnaire shall be on an electronic or paper form provided by the Director and shall include the following information for the previous calendar year:

1.a. The source's name, description, mailing address, contact person and contact person phone number, and physical address and location, if different than the mailing address.

2. b. Process information for the source, including design capacity, throughput, operations schedule, and emissions control devices, their description and efficiencies.

3. c. The actual quantity of emissions from permitted emission points and fugitive emissions as provided in the permit, including documentation of the method of measurement, calculation, or estimation, determined pursuant to subsection (C), of the following regulated air pollutants:

a.i. Any single regulated air pollutant in a quantity greater than 1 ton or the amount listed for the pollutant in the definition of "significant" in R18-2-101(131)(a) or (b), whichever is less.

b. ii. Any combination of regulated air pollutants in a quantity greater than 2 1/2 tons.

d. A certification by a responsible official of truth, accuracy, and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

4. An amendment to an emissions inventory questionnaire, containing the documentation required by subsection (A)(3), shall be submitted to the Director by any source whenever it discovers or receives notice, within two years of the original submittal, that incorrect or insufficient information was submitted to the Director by a previous emissions inventory questionnaire. The amendment shall be submitted to the Director within 30 days of discovery or receipt of notice. If the incorrect or insufficient information resulted in an incorrect annual emissions fee, the Director shall require that additional payment be made or shall apply an amount as a credit to a future annual emissions fee. The submittal of an amendment under this subsection shall not subject the owner or operator to an enforcement action or a civil or criminal penalty if the original submittal of incorrect or insufficient information was not due to willful neglect.

5. The Director may require submittal of supplemental emissions inventory questionnaires for air contaminants pursuant to A.R.S. §§ 49-422, 49-424, and 49-426.03 through 49-426.08.

B. Emissions Statement Requirements

1. Any stationary source located in an ozone nonattainment area that has actual emissions of 25 tons or more of nitrogen oxides (NO_x) or volatile organic compounds (VOCs) during the calendar year shall complete and submit to the Director an emissions statement no later than June 1 of the following year, except as provided in subsection (B)(5).

2. The emissions statement shall be on an electronic or paper form provided by the Director and shall require the following information for the previous calendar year:

a. The source's name, description, mailing address, contact person and contact person phone number, and physical address and location, if different than the mailing address.

b. Process information for the source, including design capacity, throughput, operations schedule, and emissions control devices, their description and efficiencies.

c. Actual emissions of NO_x and VOC including documentation of the method of measurement, calculation, or estimation, determined pursuant to subsection (C).

d. A certification by a responsible official of truth, accuracy, and completeness. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

3. If either NO_x or VOC annual emissions are greater than or equal to 25 tons, the other pollutant shall be included in the emissions statement even if less than 25 tons.

4. An amendment to an emissions statement, containing the documentation required by subsection (B)(2), shall be submitted to the Director by any source whenever it discovers or receives notice, within two years of the original submittal, that incorrect or insufficient information was submitted to the Director by a previous emissions statement. The amendment shall be submitted to the Director within 30 days of discovery or receipt of notice. The submittal of an amendment under this subsection shall not subject the owner or operator to an enforcement action or a civil or criminal penalty if the original submittal of incorrect or insufficient information was not due to willful neglect.

5. A source that submits an emissions inventory questionnaire under subsection (A) is exempt from subsection (B) requirements for that submission year.

C. Emissions Estimation Methodology

1. Actual quantities of emissions shall be determined using the following emission factors or data.

1.a. Whenever available, emissions estimates shall either be calculated from continuous emissions monitors certified pursuant to 40 CFR 75, Subpart C and referenced appendices, or data quality assured pursuant to Appendix F of 40 CFR 60.

2.b. When sufficient data pursuant to subsection (C)(1)(a) is not available, emissions estimates shall be calculated from data from source performance tests conducted pursuant to R18-2-312 in the calendar year being reported or, when not available, conducted in the most recent calendar year representing the operating conditions of the year being reported.

3.c. When sufficient data pursuant to subsection (C)(1)(a) or (b) is not available, emissions estimates shall be calculated using emissions factors from EPA Publication No. AP-42 "Compilation of Air Pollutant Emission Factors," Volume I: Stationary Point and Area Sources, Fifth Edition, 1995, U.S. Environmental Protection Agency, Research Triangle Park, NC, including Supplements A through F and all updates published through July 1, 2011 (and no future editions). AP-42 is incorporated by reference and is on file with the Department of Environmental Quality and can be obtained from the Government Printing Office, 732 North Capitol Street, NW, Washington, D.C. 20401, telephone (202) 512-1800, or by downloading the document from the web site for the EPA Clearinghouse for Emission Inventories and Emission Factors.

4.d. When sufficient data pursuant to subsections (C)(1)(a) through (c) is not available, emissions estimates shall be calculated from material balance using engineering knowledge of process.

5.e. When sufficient data pursuant to subsections (C)(1)(a) through (d) is not available, emissions estimates shall be calculated by equivalent methods approved by the Director. The Director shall only approve methods that are demonstrated as accurate and reliable as one of the methods in subsections (C)(1)(a) through (d).

D. 2. Actual quantities of emissions calculated under subsection (C) shall be determined on the basis of actual operating hours, production rates, in-place process control equipment, operational process control data, and types of materials processed, stored, or combusted.

E. An amendment to an annual emission inventory questionnaire, containing the documentation required by subsection (B)(3), shall be submitted to the Director by any source whenever it discovers or receives notice, within two years of the original submittal, that incorrect or insufficient information was submitted to the Director by a previous questionnaire. If the incorrect or insufficient information resulted in an incorrect annual emissions fee, the Director shall require that additional payment be made or shall apply an amount as a credit to a future annual emissions fee. The submittal of an amendment under this subsection (shall) not subject the owner or operator to an enforcement action or a civil or criminal penalty if the original submittal of incorrect or insufficient information was due to reasonable cause and not willful neglect.

F. The Director may require submittal of supplemental emissions inventory questionnaires for air contaminants pursuant to A.R.S. §§ 49-422, 49-424, and 49-426.03 through 49-426.08 .

History

• Emergency rule adopted effective September 17, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-3). Emergency rule re-adopted without change effective December 16, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Emergency expired; text deleted (Supp. 93-1). New Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective December 7, 1995 (Supp. 95-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 26 A.A.R. 3092, effective 1/19/2021.

Ariz. Admin. Code § R18-2-328 Conditional Orders

A. The Director may grant to any person a conditional order for each air pollution source which allows such person to vary from any provision of A.R.S. Title 49, Chapter 3, Article 2, or this Chapter, for any non-federally enforceable requirement of a permit issued pursuant to this Chapter if the Director makes each of the following findings:

1. Issuance of the conditional order will not endanger public health or the environment, impede attainment or maintenance of the national ambient air quality standards, or constitute a violation of the Act; and

2. Either of the following is true:

a. There has been a breakdown of equipment or upset of operations beyond the control of the petitioner which causes the source to be out of compliance with the requirements of this Chapter; the source was in compliance with the requirements of this Chapter before the breakdown or upset, and the breakdown or upset may be corrected within a reasonable time;

b. There is no reasonable relationship between the economic and social cost of, and benefits to be obtained from, achieving compliance.

B. The following procedures shall apply to a person seeking a conditional order:

1. The person shall file a petition for a conditional order with the Director. The petition shall contain at a minimum:

a. A description of the breakdown or upset;

b. A description of corrective action being undertaken to bring the source back into compliance;

c. An estimate of emissions related to the breakdown or upset;

d. A compliance schedule with a date of final compliance and interim dates as appropriate;

e. A detailed analysis of the economic and social costs and benefits of achieving compliance with the requirement for which the variance is sought, if the petition is based on subsection (A)(2)(b).

If the issuance of the conditional order requires a public hearing pursuant to R18-2-330, the Director shall set the hearing date within 30 days after the filing of the petition and the hearing shall be held within 60 days after the filing of the petition.

3. Notice of the filing of a petition for a conditional order and of the hearing date on said petition shall be published in the manner provided in A.R.S. § 49-444 and R18-2-330.

C. Decisions on petitions for a conditional order shall be made as follows:

1. For any conditional order that requires a revision to the SIP, the Director shall comply with the requirements contained in 40 CFR 51, Subpart F.

2. For any other conditional order, the Director shall grant or deny the petition with such terms and conditions as are listed in subsection (E)(2) within 30 days after the conclusion of any required hearing, or, if no hearing is held, within 60 days after the filing of the petition.

D. A fee to cover the costs of processing conditional orders may be charged by the Director prior to issuance consistent with R18-2-326(I) or (J) . The fee shall be deposited in the permit administration fund established in A.R.S. § 49-455.

E. The terms of a conditional order or its renewal shall conform to the following:

1. A conditional order issued by the Director shall be valid for such period as the Director prescribes but in no event for more than one year in the case of a source that is required to obtain a permit pursuant to this Chapter and Title V of the Act, and three years in the case of any other source that is required to obtain a permit pursuant to this Chapter.

2. The terms and conditions which are imposed as a condition to the granting or the continued existence of a conditional order shall include:

a. A detailed plan for completion of corrective steps needed to conform to the provisions of A.R.S. Title 49, Chapter 3, Article 2, this Chapter, and the requirements of any permit issued pursuant to this Chapter;

b. A requirement that necessary construction shall begin as expeditiously as practicable and proceed as specified in the compliance schedule;

c. Written reports, at least quarterly, of the status of the source and construction progress;

d. The right of the Director to make periodic inspection of the facilities for which the conditional order is granted;

e. Such additional terms and conditions as the Director finds necessary to meet the requirements of this Section and A.R.S. § 49-437.

3. A holder of a conditional order may petition the Director to renew the order. The total term of the initial period and all renewals shall not exceed three years from the date of initial issuance of the order. Petitions for renewal may be filed at any time not more than 60 days nor less than 30 days prior to the expiration of the order. The Director, within 30 days of receipt of a petition, shall renew the conditional order for one year if the petitioner is in compliance and conforming with the terms and conditions imposed. The Director may refuse to renew the conditional order if, after a public hearing held within 30 days of receipt of a petition, the Director finds that the petitioner is not in compliance and conforming with the terms and conditions of the conditional order. If, after a period of three years from the date of original issuance, the petitioner is not in compliance and conforming with the terms and conditions, the Director may renew a conditional order for a total term of two additional years only if the Director finds that failure to comply and conform is due to conditions beyond the control of such petitioner.

4. If the Director amends or adopts any rule imposing conditions on the operation of an air pollution source which have become effective as to the source by reason of the action of the Director or otherwise, and which require the implementation of control strategies necessitating the installation of additional or different air pollution control equipment, the Director may renew a conditional order for an additional term. The term of the renewal shall be governed by the preceding subsections of this Section, except that the total term of the renewal shall not exceed two years.

5. A conditional order issued by the Director shall be effective when issued unless:

a. The conditional order varies from the requirements of the applicable implementation plan, in which case the conditional order shall be submitted to the Administrator as a revision to the applicable implementation plan pursuant to Section 110(l) of the Act and shall become effective upon approval by the Administrator.

b. The conditional order varies from the requirements of a permit issued for a facility that is required to obtain a permit pursuant to Title V of the Act, in which case the conditional order shall be submitted to the Administrator if required by Section 505 of the Act and shall be effective at the end of the review period specified in such section, unless objected to within such period by the Administrator.

F. Violation of the terms and conditions of the conditional order shall subject the source to suspension or revocation of the conditional order in accordance with A.R.S. § 49-441.

History

• Adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-329 Permits Containing the Terms and Conditions of Federal Delayed Compliance Orders (DCO) or Consent Decrees

A. The terms and conditions of either a delayed compliance order (DCO) or consent decree shall be incorporated into a permit through a permit revision. In the event the permit expires prior to the expiration of the DCO or consent decree, the DCO or consent decree shall be incorporated into any permit renewal.

B. The owner or operator of a source subject to a DCO or consent decree shall submit to the Director a quarterly report of the status of the source and construction progress and copies of any reports to the Administrator required under the order or decree. The Director may require additional reporting requirements and conditions in permits issued under this Article.

C. For the purpose of this Chapter, sources subject to a consent decree issued by a federal court shall meet the same requirements as those subject to a DCO.

History

• Adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-330 Public Participation

A. The Director shall provide public notice, an opportunity for public comment, and an opportunity for a hearing before taking any of the following actions:

1. The issuance or denial of a permit or permit renewal,

2. The issuance or denial of a significant permit revision,

3. The revocation and reissuance or reopening of a permit,

4. The grant of any conditional orders pursuant to R18-2-328 ,

5. The issuance or denial of a registration for the construction of a source, except as provided in R18-2-302.01(B)(5).

B. The Director shall provide public notice of receipt of complete applications for permits or permit revisions subject to Article 4 of this Chapter by publishing a notice in a newspaper of general circulation in the county where the source is or will be located.

C. The Director shall provide the notice required pursuant to subsection (A) as follows:

1. The Director shall publish the notice once each week for two consecutive weeks in two newspapers of general circulation in the county where the source is or will be located.

2. The Director shall mail a copy of the notice to persons on a mailing list developed by the Director consisting of those persons who have requested in writing to be placed on such a mailing list.

D 3. The notice shall include the following:

1 a. Identification of the affected facility;

2 b. Name and address of the permittee or applicant;

3 c. Name and address of the permitting authority processing the permit action;

4 d. The activity or activities involved in the permit action;

5 e. The emissions change involved in any permit revisions;

6 f. The air contaminants to be emitted;

7 g. If applicable, that a notice of confidentiality has been filed under R18-2-305;

8 h. If applicable, that the source has submitted a risk management analysis under R18-2-1708;

9 i. A statement that any person may submit written comments, or a written request for a public hearing, or both, on the proposed permit action, along with the deadline for such requests or comments;

10 j. The name, address, and telephone number of a person from the Department from whom additional information may be obtained;

11 k. Locations where the materials identified in subsection (D) may be reviewed and the times at which they shall be available for public inspection.

12 l. The Director shall include a statement in the public notice if the permit or permit revision would result in the generation of emission reduction credits under R18-2-1204, or the utilization of emission reduction credits under R18-2-1206.

D. By no later than the date notice is first published under subsection (A), the Department shall make copies of the following materials available at a public location in the same county as the stationary source that is the subject of the application and at the closest Department office:

1. The application;

2. The proposed permit or permit revision, if applicable;

3. The Department's analysis in support of the grant or denial of the permit or permit revision; and

4. All other materials available to the Director that are relevant to the permit decision.

E. The Director shall hold a public hearing to receive comments on petitions for conditional orders which would vary from requirements of the applicable implementation plan. For all other actions involving a proposed permit, the Director shall hold a public hearing only upon written request. If a public hearing is requested, the Director shall schedule the hearing and publish notice as described in A.R.S. § 49-444 and subsection (D). The Director shall give notice of any public hearing at least 30 days in advance of the hearing.

F. At the time the Director publishes the first notice under subsection (C)(1), the applicant shall post a notice containing the information required in subsection (C)(3) at the site where the source is or may be located. Consistent with federal, state, and local law, the posting shall be prominently placed at a location under the applicant's legal control, adjacent to the nearest public roadway, and visible to the public using the public roadway. If a public hearing is to be held, the applicant shall place an additional posting providing notice of the hearing. Any posting shall be maintained until the public comment period is closed.

G. The Director shall provide at least 30 days from the date of its first notice for public comment to receive comments and requests for a hearing. The Director shall keep a record of the commenters and of the issues raised during the public participation process and shall prepare written responses to all comments received. At the time a final proposed permit is submitted to EPA, in the case of a Class I permit, or a final decision is made, in the case of a Class II permit, the record and copies of the Director's responses shall be made available to the applicant and all commenters.

History

• Adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). R18-2-330 has been corrected to include subsection (D)(12), which was omitted when the Section was amended in the 02-1 supplement (Supp. 05-1). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-331 Material Permit Conditions

A. For the purposes of A.R.S. §§ 49-464(G) and 49-514(G), a "material permit condition" shall mean a condition which satisfies all of the following:

1. The condition is in a permit or permit revision issued by the Director or a control officer after November 15, 1993.

2. The condition is identified within the permit as a material permit condition.

3. The condition is one of the following:

a. An enforceable emission standard imposed to avoid classification as a major modification or major source or to avoid triggering any other applicable requirement;

b. A requirement to install, operate, or maintain a maximum achievable control technology or hazardous air pollutant reasonably available control technology required under Article 17 of this Chapter;

c. A requirement for the installation or certification of a monitoring device;

d. A requirement for the installation of air pollution control equipment;

e. A requirement for the operation of air pollution control equipment;

f. An opacity standard required by Section 111 or Title I, Part C or D of the Act.

4. Violation of the condition is not covered by A.R.S. § 49-464(A) through (F), or (H) through (J) or A.R.S. § 49-514(A) through (F), or (H) through (J).

B. For the purposes of subsections (A)(3)(c), (d), and (e), a permit condition shall not be material where the failure to comply resulted from circumstances which were outside the control of the source. As used in this Section, "circumstances outside the control of the source" shall mean circumstances where the violation resulted from a sudden and unavoidable breakdown of the process or the control equipment, resulted from unavoidable conditions during a start up or shut down or resulted from upset of operations.

C. For purposes of this Section, the term "emission standard" shall have the meaning specified in A.R.S. §§ 49-464(U) and 49-514(T).

History

• Adopted effective November 15, 1993 (Supp. 93-4). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2).

Ariz. Admin. Code § R18-2-332 Stack Height Limitation

A. The degree of emission limitation required of any source for control of any pollutant shall not be affected by so much of the source's stack height that exceeds good engineering practice or by any other dispersion technique, except as provided in subsection (B). This section does not require the plan to restrict, in any manner, the actual stack height of any source.

A B. Subsection (A) shall not apply to:

Begun, or caused to begin, a continuous program of physical on-site construction of the stack;

2. Entered into building agreements or contractual obligations, which could not be cancelled or modified without substantial loss to the owner or operator, to undertake a program of construction of the stack to be completed in a reasonable time Stacks in existence, or dispersion techniques implemented, on or before December 31, 1970, unless the stationary source or emission unit emitting pollutants through the stack, or employing the dispersion technique, was constructed, reconstructed or underwent a major modification after December 31, 1970; or

3 2. Coal-fired steam electric generating units, subject to the provisions of Section 118 of the Act which commenced operation before July 1, 1957, with stacks constructed under a construction contract awarded before February 8, 1974.

B C. Good engineering practice stack height is the greater of the following heights:

1. 213.25 feet (65 meters) measured from the ground-level elevation at the base of the stack;

2. The result of one of the following equations, where "Hg" = good engineering practice stack height measured from the ground-level elevation at the base of the stack; "H" = height of nearby structures measured from the ground-level elevation at the base of the stack; and "L" = lesser dimension (height or projected width) of nearby structures:

a. For stacks in existence on January 12, 1979, and for which the owner or operator had obtained all applicable preconstruction permits or approvals required under 40 CFR 51 and 52, Hg = 2.5H, provided the owner or operator produces evidence that this equation was actually relied on in establishing an emission limitation; or

3 b. For all other stacks, Hg = H + 1.5L, where

Hg = good engineering practice stack height, measured from the ground-level elevation at the base of the stack;

H = height of nearby structure measured from the ground-level elevation at the base of the stack;

L = lesser dimension (height or projected width) of nearby structure; provided that EPA, the Director, or local control agency may require the use of a field study or fluid model to verify good engineering practice stack height for the source;

4 3. The height demonstrated by a fluid model or a field study approved by the reviewing agency, which ensures that the emissions from a stack do not result in excessive concentrations of any air pollutant as a result of atmospheric downwash, wakes, or eddy effects created by the source itself, nearby structures, or nearby terrain features.

D. As used in this Section:

5 1. For a specific structure or terrain feature, "nearby" means:

a. For purposes of applying the formulae in subsection (C)(2), that distance up to five times the lesser of the height or the width dimension of a structure but not greater than 0.8 km (1/2 mile).

b. For conducting demonstrations under subsection (C)(3), not greater than 0.8 km (1/2 mile). An exception is that the portion of a terrain feature may be considered to be nearby which falls within a distance of up to 10 times the maximum height (Ht) of the feature, not to exceed 2 miles if such feature achieved a height (Ht) 0.8 km from the stack that is at least 40% of the good engineering practice stack height determined by the formula provided in subsection (C)(2)(b), or 85 feet (26 meters), whichever is greater, as measured from the ground-level elevation at the base of the stack.

6 2. "Excessive concentrations" means:

a. For sources seeking credit for stack height exceeding that established under subsection (C)(2), a maximum ground-level concentration due to emissions from a stack due in whole or in part to downwash, wakes, and eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and which contributes to a total concentration due to emissions from all sources that is greater than a national ambient air quality standard. For sources subject to R18-2-406, an excessive concentration alternatively means a maximum ground-level concentration due to emissions from a stack due in whole or part to downwash, wakes or eddy effects produced by nearby structures or nearby terrain features which individually is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects and greater than the applicable maximum allowable increase contained in R18-2-218 . The allowable emission rate to be used in making demonstrations under subsection (C)(3) shall be prescribed by the new source performance standard which is applicable to the source category unless the owner or operator demonstrates that this emission rate is infeasible. Where such demonstrations are approved by the Director, an alternative emission rate shall be established in consultation with the source owner or operator;

b. For sources seeking credit after October 11, 1983, for increases in existing stack heights up to the heights established under subsection (C)(2), either:

i. A maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects as provided in subsection (D)(2)(a), except that emission rate specified by any applicable SIP (or, in the absence of such a limit, the actual emission rate) shall be used; or

ii. The actual presence of a local nuisance caused by the existing stack, as determined by the Director; and

c. For sources seeking credit after January 12, 1979, for a stack height determined under subsection (C)(2), where the Director requires the use of a field study or fluid model to verify good engineering practice stack height, for sources seeking stack height credit after November 9, 1984, based on the aerodynamic influence of cooling towers, and for sources seeking stack height credit after December 31, 1970, based on the aerodynamic influence of structures not adequately represented by the equations in subsection (C)(2), a maximum ground-level concentration due in whole or in part to downwash, wakes, or eddy effects that is at least 40% in excess of the maximum concentration experienced in the absence of such downwash, wakes, or eddy effects.

C. The degree of emission limitation required of any source after the respective date given in subsection (A) above for control of any pollutant shall not be affected by so much of any source's stack height that exceeds good engineering practice or by any other dispersion technique.

D. The good engineering practice (GEP) stack height for any source seeking credit because of plume impaction which results in concentrations in violation of national ambient air quality standards or applicable maximum allowable increases under R18-2-218 can be adjusted by determining the stack height necessary to predict the same maximum air pollutant concentration on any elevated terrain feature as the maximum concentration associated with the emission limit which results from modelling the source using the GEP stack height as determined herein and assuming the elevated terrain features to be equal in elevation to the GEP stack height. If this adjusted GEP stack height is greater than stack height the source proposes to use, the source's emission limitation and air quality impact shall be determined using the proposed stack height and the actual terrain heights.

E. Before the Director issues a permit or permit revision under R18-2-334 or Article 4 to a source based on a good engineering practice stack height that exceeds the height allowed by subsection (B)(1) or (2), the Director shall notify the public of the availability of the demonstration study and provide opportunity for a public hearing in accordance with the requirements of R18-2-330.

History

• Adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-333 Acid Rain

A. 40 CFR 72, 74, 75 and76 and all accompanying appendices, adopted as of June 28, 2013, (and no future amendments) are incorporated by reference as applicable requirements. These standards are on file with the Department and shall be applied by the Department. These standards can be obtained from the U.S. Government Printing Office, Superintendent of Documents, bookstore.gpo.gov, Mail Stop: SSOP IDCC-SSOM, Washington, D.C. 20402-9328.

B. When used in 40 CFR 72, 74, 75 or76, "Permitting Authority" means the Arizona Department of Environmental Quality and "Administrator" means the Administrator of the United States Environmental Protection Agency.

C. If the provisions or requirements of the regulations incorporated in this Section conflict with any of the remaining portions of this Title, the regulations incorporated in this Section apply and take precedence.

History

• Adopted effective October 7, 1994 (Supp. 94-4). Amended effective December 7, 1995 (Supp. 95-4). Amended effective December 4, 1997 (Supp. 97-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 4170, effective October 11, 2000 (Supp. 00-4). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4). Amended by expedited rulemaking at 21 A.A.R. 2747, effective 12/13/2015.

Ariz. Admin. Code § R18-2-334 Minor New Source Review

A. Applicability.

1. Except as provided in subsection (A)(4), this Section shall apply to the following activities:

a. Construction of any new Class I or Class II source, including the construction of any source requiring a Class II permit under R18-2-302.01(C)(4); or

b. Any minor NSR modification to a Class I or Class II source.

2. This Section shall apply to a regulated minor NSR pollutant emitted by a new stationary source subject to this Section, if the source will have the potential to emit that pollutant at an amount equal to or greater than the permitting exemption threshold.

3. This Section shall apply to an increase in emissions of a regulated minor NSR pollutant from a minor NSR modification, if the modification would increase the source's potential to emit that pollutant by an amount equal to or greater than the permitting exemption threshold.

4. This Section shall not apply to the emissions of a pollutant from any of the activities identified in this subsection, if the emissions of that pollutant are subject to Article 4 of this Chapter.

B. No person shall begin actual construction of a new stationary source, or minor NSR modification, subject to this Section without first obtaining a permit, a permit revision, a proposed final permit, or a proposed final permit revision from the Director in accordance with R18-2-304 .

C The Director shall not issue a proposed final Class I permit or permit revision or a Class II permit or permit revision subject to this Section to a person proposing to construct a new source or make a minor NSR modification unless the source or modification meets one of the following conditions for each regulated minor NSR pollutant subject to this section:

1. The owner or operator elects to implement RACT.

a. In the case of a new source, the owner or operator shall implement RACT for each emissions unit that has the potential to emit a regulated minor NSR pollutant in an amount equal to or greater than 20% of the permitting exemption threshold.

b. In the case of a minor NSR modification, the owner or operator shall implement RACT for each emissions unit that will experience an increase in the potential to emit a regulated minor NSR pollutant equal to or greater than 20% of the permitting exemption threshold.

c. When it is technically feasible and otherwise consistent with the definition of RACT to apply the same devices, systems, process modifications, work practices or other apparatus or techniques to a group of emissions units, that group of emissions units shall be treated as a single emissions unit for purposes of subsections (C)(1)(a) and (b). The following are examples of situations to which this subsection (may) apply:

i. Emissions from a group of emissions units can be vented to a single control device.

ii. A low-VOC coating can be used in several spray-painting booths.

2. An ambient air quality assessment demonstrates that emissions from the source or minor NSR modification will not interfere with attainment or maintenance of a national ambient air quality standard in any area.

a. An owner or operator may elect to have the Director perform a screening model of its emissions. If the results of the screening model indicate that the source or minor NSR modification will interfere with attainment or maintenance of a national ambient air quality standard, the owner or operator may perform a more refined model to make the demonstration required by this subsection.

b. The requirements of this subsection shall be satisfied, if the results of the screening or more refined model conducted pursuant to subsection (B)(2)(a) demonstrate either of the following:

i. Ambient concentrations resulting from emissions from the source or modification combined with existing concentrations of regulated minor NSR pollutants will not interfere with attainment or maintenance of a national ambient air quality standard.

ii. Emissions from the source or minor modification will have an ambient impact below the significance levels as defined in R18-2-401.

c. The assessment required by this subsection shall take into account any limitations, controls or emissions decreases that are or will be enforceable in the permit or permit revision for the source.

D. RACT Determinations.

1. Except as otherwise provided in this subsection, the Director shall determine RACT on the basis of a case-by-case analysis performed by the permit applicant of the emission reduction methods available for each emission unit subject to the RACT requirement under subsection (C)(1).

2. The Director shall accept a requirement proposed by a permit applicant as RACT under subsection (C)(1) if it complies with the most recently adopted of the following guidelines or standards in effect at the time of the application:

a. A control technique guideline issued by the Administrator under section 108(f)(1) of the Act.

b. An emissions standard established or revised by the Administrator for the same type of source under section 111 or 112 of the Act after November 15, 1990.

c. An applicable requirement of this Chapter or of air quality control regulations adopted by a County under A.R.S. § 49-479 that has been specifically identified as constituting RACT.

d. A RACT standard imposed on the same type of source by a general permit.

e. A RACT standard imposed on the same type of source under this Section no more than 10 years before submission of the application by the permit applicant. To facilitate identification of previously imposed RACT standards, the Director shall establish an online database of RACT determinations made under this Section.

E. Notwithstanding an election to adopt RACT under subsection (C)(1), a permit applicant subject to this Section shall conduct an ambient air quality impact assessment under subsection (C)(2) upon the Director's request. The Director shall make such a request, if there is reason to believe that a source or minor NSR modification could interfere with attainment or maintenance of a national ambient air quality standards. In making that determination, the Director shall take into consideration:

1. The source's emission rates.

2. The location of emission units within the facility and their proximity to the ambient air.

3. The terrain in which the source is or will be located.

The source type.

5. The location and emissions of nearby sources.

Background concentrations of regulated minor NSR pollutants.

F. The Director shall deny an application for a Class I permit or permit revision or a Class II permit or permit revision subject to this Section, if an assessment conducted pursuant to subsection (C)(2) demonstrates that the source or modification will interfere with attainment or maintenance of a national ambient air quality standard.

G. An application for a permit or permit revision subject to this Section may be processed as a minor permit revision if one of the following conditions is satisfied for each pollutant subject to subsection (C):

1. A RACT standard is imposed under subsection (D)(2) on each emissions unit that requires such a standard under subsection (C)(1).

2. The results of the SCREEN model for a regulated minor NSR pollutant show expected concentrations, including background concentrations, that are less than 75% of the applicable standard imposed in Article 2 of this Chapter.

G. A copy of the notice required by R18-2-330 for permits or significant permit revisions subject to this Section must also be sent to the Administrator through the appropriate regional office, and to all other state and local air pollution control agencies having jurisdiction in the region in which the source subject to the permit or permit revision will be located. The notice also must be sent to any other agency in the region having responsibility for implementing the procedures required under 40 CFR 51, Subpart I.

H. All modeling required pursuant to this Section shall be conducted in accordance with 40 CFR 51, Appendix W as of June 30, 2017

J I. The Director shall specify those conditions in the permit that are implemented pursuant to this Section. The specified conditions shall be included in subsequent permit renewals unless modified pursuant to this Section or Article 4 of this Chapter.

K J. The issuance of a permit or permit revision under this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law.

History

• New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 3630, effective 2/1/2020.

Article 4 PERMIT REQUIREMENTS FOR NEW MAJOR SOURCES AND MAJOR MODIFICATIONS TO EXISTING MAJOR SOURCES

Ariz. Admin. Code § R18-2-401 Definitions

The following definitions apply to this Article:

1. "Adverse impact on visibility" means visibility impairment that interferes with the management, protection, preservation, or enjoyment of the visitor's visual experience of a federal Class I area, as determined according to R18-2-410 . This determination must be made on a case-by-case basis taking into account the geographic extent, intensity, duration, frequency and time of visibility impairments, and how these factors correlate with times of visitor use of the federal Class I area and the frequency and timing of natural conditions that reduce visibility. This term does not include effects on integral vistas.

2. "Baseline actual emissions" means the rate of emissions, in tons per year, of a regulated NSR pollutant, as determined in accordance with subsections (2)(a) through (d).

a. For any existing electric utility steam generating unit, baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the five-year period immediately preceding when the owner or operator begins actual construction of the project. The Director shall allow the use of a different time period upon a determination that it is more representative of normal source operation.

i. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

ii. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period.

iii. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for the emissions units being changed. A different consecutive 24-month period can be used for each regulated NSR pollutant.

iv. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subsection (2)(a)(ii).

b. For any existing emissions unit (other than an electric utility steam generating unit), baseline actual emissions means the average rate, in tons per year, at which the unit actually emitted the pollutant during any consecutive 24-month period selected by the owner or operator within the 10-year period immediately preceding either the date the owner or operator begins actual construction of the project, or the date a complete permit application is received by the Administrator for a permit required under 40 CFR 52.21 or by the Director for a permit required under the state implementation plan, whichever is earlier, except that the 10-year period shall not include any period earlier than November 15, 1990.

i. The average rate shall include fugitive emissions to the extent quantifiable, and emissions associated with startups, shutdowns, and malfunctions.

ii. The average rate shall be adjusted downward to exclude any non-compliant emissions that occurred while the source was operating above any emission limitation that was legally enforceable during the consecutive 24-month period. This provision applies to excess emissions associated with a malfunction.

iii. The average rate shall be adjusted downward to exclude any emissions that would have exceeded an emission limitation with which the major source must currently comply, had such major source been required to comply with such limitations during the consecutive 24-month period. However, if an emission limitation is part of a maximum achievable control technology standard that the Administrator proposed or promulgated under 40 CFR 63, the baseline actual emissions need only be adjusted if the state of Arizona has taken credit for such emissions reductions in an attainment demonstration or maintenance plan consistent with the requirements of 40 CFR 51.165(a)(3)(ii)(G).

iv. For a regulated NSR pollutant, when a project involves multiple emissions units, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units affected by the project. A different consecutive 24-month period may be used for each regulated NSR pollutant.

v. The average rate shall not be based on any consecutive 24-month period for which there is inadequate information for determining annual emissions, in tons per year, and for adjusting this amount if required by subsection (2)(b)(ii) or (iii).

c. For a new emissions unit, the baseline actual emissions for purposes of determining the emissions increase that will result from the initial construction and operation of such unit shall equal zero; and thereafter, for all other purposes, shall equal the unit's potential to emit.

d. For a PAL for a stationary source, the baseline actual emissions shall be calculated for existing electric utility steam generating units in accordance with the procedures in subsection (2)(a), for other existing emissions units in accordance with the procedures contained in subsection (2)(b), and for new emissions units in accordance with the procedures contained in subsection (2)(c).

3. "Basic design parameter" means:

a. Except as provided in subsection (3)(c), for a process unit at a steam electric generating facility, the owner or operator may select as its basic design parameters either maximum hourly heat input and maximum hourly fuel consumption rate or maximum hourly electric output rate and maximum steam flow rate. When establishing fuel consumption specifications in terms of weight or volume, the minimum fuel quality based on Btu content shall be used for determining the basic design parameters for a coal-fired electric utility steam generating unit.

b. Except as provided in subsection (3)(c), the basic design parameters for any process unit that is not at a steam electric generating facility are maximum rate of fuel or heat input, maximum rate of material input, or maximum rate of product output. Combustion process units will typically use maximum rate of fuel input. For sources having multiple end products and raw materials, the owner or operator should consider the primary product or primary raw material when selecting a basic design parameter.

c. If the owner or operator believes the basic design parameters in subsections (3)(a) and (b) are not appropriate for a specific industry or type of process unit, the owner or operator may propose to the Director an alternative basic design parameters for the source's process unit. If the Director approves of the use of an alternative basic design parameters, the Director shall issue a permit that is legally enforceable that records such basic design parameters and requires the owner or operator to comply with such parameters.

d. The owner or operator shall use credible information, such as results of historic maximum capability tests, design information from the manufacturer, or engineering calculations, in establishing the magnitude of the basic design parameters specified in subsections (3)(a) and (b).

e. If design information is not available for a process unit, then the owner or operator shall determine the process unit's basic design parameters using the maximum value achieved by the process unit in the five-year period immediately preceding the planned activity.

f. Efficiency of a process unit is not a basic design parameter.

g. The replacement activity shall not cause the process unit to exceed any emission limitation, or operational limitation that has the effect of constraining emissions, that applies to the process unit and that is legally enforceable.

4. "Complete" means, in reference to an application for a permit or permit revision, that the application contains all the information necessary for processing the application. Designating an application complete for purposes of permit processing does not preclude the Department from requesting or accepting any additional information.

5. "Dispersion technique" means any technique that attempts to affect the concentration of a pollutant in the ambient air by any of the following:

a. Using that portion of a stack that exceeds good engineering practice stack height;

b. Varying the rate of emission of a pollutant according to atmospheric conditions or ambient concentrations of that pollutant; or

c. Increasing final exhaust gas plume rise by manipulating source process parameters, exhaust gas parameters, stack parameters, or combining exhaust gases from several existing stacks into one stack; or other selective handling of exhaust gas streams that increases the exhaust gas plume rise. This shall not include any of the following:

i. The reheating of a gas stream, following use of a pollution control system, for the purpose of returning the gas to the temperature at which it was originally discharged from the facility generating the gas stream.

ii. The merging of exhaust gas streams under any of the following conditions:

(1) The source owner or operator demonstrates that the facility was originally designed and constructed with the merged gas streams;

(2) After July 8, 1985, the merging is part of a change in operation at the facility that includes the installation of pollution controls and is accompanied by a net reduction in the allowable emissions of a pollutant, applying only to the emission limitation for that pollutant; or

(3) Before July 8, 1985, the merging was part of a change in operation at the facility that included the installation of emissions control equipment or was carried out for sound economic or engineering reasons. Where there was an increase in the emission limitation or, in the event that no emission limitation was in existence prior to the merging, an increase in the quantity of pollutants actually emitted prior to the merging, the Department shall presume that merging was significantly motivated by an intent to gain emissions credit for greater dispersion. Absent a demonstration by the source owner or operator that merging was not significantly motivated by such intent, the Department shall deny credit for the effects of the merging in calculating the allowable emissions for the source.

iii. Smoke management in agricultural or silvicultural prescribed burning programs.

iv. Episodic restrictions on residential woodburning and open burning.

v. Techniques that increase final exhaust gas plume rise if the resulting allowable emissions of sulfur dioxide from the facility do not exceed 5,000 tons per year.

6. "Existing emissions unit" is any emissions unit that is currently in existence and that is not a new emissions unit. A replacement unit is an existing emissions unit.

7. "Federal Class I area" means an area designated as Class I under R18-2-217.

7 8. "High terrain" means any area having an elevation of 900 feet or more above the base of the stack of a source.

8 9. "Innovative control technology" means any system of air pollution control that has not been adequately demonstrated in practice but would have a substantial likelihood of achieving greater continuous emissions reduction than any control system in current practice, or of achieving at least comparable reductions at lower cost in terms of energy, economics, or nonair quality environmental impacts.

9 10. "Low terrain" means any area other than high terrain.

1011. "Lowest achievable emission rate" (LAER) means, for any source, the more stringent rate of emissions based on one of the following:

a. The most stringent emissions limitation that is contained in any implementation plan approved or promulgated under sections 110 or 172 of the Act for the class or category of stationary source, unless the owner or operator of the proposed stationary source demonstrates that the limitation is not achievable; or

b. The most stringent emissions limitation that is achieved in practice by the class or category of stationary source. This limitation, when applied to a modification, means the lowest achievable emissions rate for the new or modified emissions units within the stationary source. The application of this term shall not permit a proposed new or modified stationary source to emit any pollutant in excess of the amount allowable under the applicable new source performance standards.

12. "Major emissions unit" means:

a. Any emissions unit that emits or has the potential to emit 100 tons per year or more of the PAL pollutant in an attainment area; or

b. Any emissions unit that emits or has the potential to emit the PAL pollutant in an amount that is equal to or greater than the major source threshold for the PAL pollutant for nonattainment areas. For example, in accordance with the definition of major stationary source in section 182(c) of the Act, an emissions unit would be a major emissions unit for VOC if the emissions unit is located in a serious ozone nonattainment area and it emits or has the potential to emit 50 or more tons of VOC per year.

1113. "Major source" is defined as follows:

a. For purposes of determining the applicability of R18-2-403 through R18-2-405 or R18-2-411, major source means any stationary source that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant, except that the following thresholds shall apply in areas subject to subpart 2, subpart 3 or subpart 4 of part D, Title I of the Act:

| Pollutant Emitted | Nonattainment Pollutant and Classification | Quantity Threshold tons/year or more | | --- | --- | --- | | Carbon Monoxide (CO) | CO, Serious, if stationary sources contribute significantly to CO levels in the area as determined under rules issued by the Administrator | 50 | | VOC | Ozone, Serious | 50 | | VOC | Ozone, Severe | 25 | | PM₁₀ | PM₁₀, Serious | 70 | | PM_2.5 | PM_2.5 Serious | 70 | | PM_2.5 precursors idenfied in R18-2-101(124)(a) | PM_2.5 Serious | 70 | | NO_x | Ozone, Serious | 50 | | NO_x | Ozone, Severe | 25 |

b. For purposes of determining the applicability of R18-2-406 through R18-2-408 or R18-2-410, major source means any stationary source that emits, or has the potential to emit, 100 tons per year or more of any regulated NSR pollutant if the source is classified as a categorical source, or 250 tons per year or more of any regulated NSR pollutant if the source is not classified as a categorical source;

c. Any stationary source that emits, or has the potential to emit, five or more tons of lead per year;

c. A major source includes a physical change that would occur at a stationary source, not otherwise qualifying under subsection (13)(a) or (b) as a major source, if the change would constitute a major source by itself.

d. A major source that is major for VOC or nitrogen oxides shall be considered major for ozone.

e. The fugitive emissions of a stationary source shall not be included in determining for any of the purposes of this Article whether it is a major source, unless the source belongs to a section 302(j) category.

"Mandatory federal Class I area" means an area identified in R18-2-217(B).

12 15. "New emissions unit" means any emissions unit which is (or will be) newly constructed and which has existed for less than two years from the date such emissions unit first operated.

1316. "Plantwide applicability limitation" or "PAL" means an emission limitation that is based on the baseline actual emissions of all emissions units at the stationary source that emit or have the potential to emit the PAL pollutant, expressed in tons per year, for a pollutant at a major source, that is enforceable as a practical matter and established source-wide in accordance with this Section.

1417. "PAL allowable emissions" means "allowable emissions" as defined in R18-2-101, except that the allowable emissions for any emissions unit shall be calculated considering any emission limitations that are enforceable as a practical matter on the emissions unit's potential to emit.

1518. PAL effective date generally means the date of issuance of the PAL permit. However, the PAL effective date for an increased PAL is the date any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

1619. "PAL effective period" means the period beginning with the PAL effective date and ending 10 years later.

1720. "PAL major modification" means any physical change in or change in the method of operation of the PAL source that causes it to emit the PAL pollutant at a level equal to or greater than the PAL.

1821. "PAL permit" means the permit issued by the Director that establishes a PAL for a major source under Article 3 or 4 of this Chapter.

1922. "PAL pollutant" means the pollutant for which a PAL is established at a major source.

2023. "Projected actual emissions" means:

a. The maximum annual rate, in tons per year, at which an existing emissions unit is projected to emit a regulated NSR pollutant during any 12-month period in the 60 calendar months following the date the unit resumes regular operation after the project, or in any 12-month period in the 120 calendar months following that date if the project involves increasing the design capacity or potential to emit of any emissions unit for that regulated NSR pollutant and full utilization of the unit would result in a significant emissions increase or a significant net emissions increase at the major source.

b. In determining the projected actual emissions before beginning actual construction, the owner or operator of the major source:

i. Shall consider all relevant information, including but not limited to, historical operational data, the company's own representations, the company's expected business activity and the company's highest projections of business activity, the company's filings with the county, state or federal regulatory authorities, and compliance plans under these regulations; and

ii. Shall include fugitive emissions to the extent quantifiable;

iii. Shall include emissions associated with startups, shutdowns, and malfunctions ; and

iv. Shall exclude, only for calculating any increase in emissions that results from the particular project, that portion of the unit's emissions following the project that an existing unit could have accommodated during the consecutive 24-month period used to establish the baseline actual emissions and that are also unrelated to the particular project, including any increased utilization due to product demand growth; or

c. In lieu of using the method set out subsections 23(b)(i) through (iv), the owner or operator may elect to use the emissions unit's potential to emit, in tons per year.

21. "Reconstruction" of sources located in nonattainment areas shall be presumed to have taken place if the fixed capital cost of the new components exceeds 50% of the fixed capital cost of a comparable entirely new stationary source, as determined in accordance with the provisions of 40 CFR 60.15(f)(1) through (3).

2224. "Replacement unit" means an emissions unit for which all the criteria listed in subsections (24)(a) through (d) are met. No creditable emission reductions shall be generated from shutting down the existing emissions unit that is replaced.

a. The emissions unit is a reconstructed unit within the meaning of 40 CFR 60.15(b)(1), or the emissions unit completely takes the place of an existing emissions unit.

b. The emissions unit is identical to or functionally equivalent to the replaced emissions unit.

c. The replacement does not alter the basic design parameters of the process unit.

d. The replaced emissions unit is permanently removed from the major source, otherwise permanently disabled, or permanently barred from operation by a permit that is enforceable as a practical matter. If the replaced emissions unit is brought back into operation, it shall constitute a new emissions unit.

2325. "Resource recovery project" means any facility at which solid waste is processed for the purpose of extracting, converting to energy, or otherwise separating and preparing solid waste for reuse. Only energy conversion facilities that utilize solid waste that provides more than 50% of the heat input shall be considered a resource recovery project under this Article.

2426. "Significant emissions unit" means an emissions unit that emits or has the potential to emit a PAL pollutant in an amount that is equal to or greater than the significant level for that PAL pollutant, but less than the amount that would qualify the unit as a major emissions unit.

2527. "Significance levels" means the following ambient concentrations for the enumerated pollutants:

| Averaging Time | | | | | | | --- | --- | --- | --- | --- | --- | | Pollutant | Annual | 24-Hour | 8-Hour | 3-Hour | 1-Hour | | SO₂ | 1 µg/m³ | 5 µg/m³ | 25 µg/m³ | | | | NO₂ | 1 µg/m³ | | | | | | CO | 0.5 mg/m³ | 2 mg/m³ | | | | | PM₁₀ | 1 µg/m³ | 5 µg/m³ | | | | | PM_2.5 federal Class I area | 0.06 µg/m³ | 0.07 µg/m³ | | | | | PM_2.5 federal Class II area | 0.3 µg/m³ | 1.2 µg/m³ | | | | | PM_2.5 federal Class III area | 0.3 µg/m³ | 1.2 µg/m³ | | | | | Except for the annual pollutant concentrations, the Department shall deem that exceedance of significance levels has occurred when the ambient concentration of the above pollutant is exceeded more than once per year at any one location. If the concentration occurs at a specific location and at a time when the national ambient air quality standards for the pollutant are not violated, the significance level does not apply. | | | | | |

2628. "Small emissions unit" means an emissions unit that emits or has the potential to emit the PAL pollutant in an amount less than the significant level for that PAL pollutant.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-401 renumbered without change as Section R18-2-401 (Supp. 87-3). Section R18-2-401 renumbered to R18-2-601 . New Section R18-2-401 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Typographical error corrected in R18-2-401(9)(a) (Supp. 00-4). Amended by final rulemaking at 13 A.A.R. 1134, effective May 5, 2007 (Supp. 07-1). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-402 General

A. The preconstruction review requirements of this Article shall apply to the construction of any new major source or any project at an existing major source.

B. The requirements of R18-2-403 through R18-2-410 apply to the construction of any new major source or any major modification of any existing major source, except as this Article otherwise provides.

C. No person shall begin actual construction of a new major source or a major modification subject to the requirements of R18-2-403 through R18-2-410 without first obtaining a proposed final permit from the Director, pursuant to R18-2-307(A)(2), stating that the major source or major modification shall meet those requirements.

D. The requirements of this Article apply to projects at major sources in accordance with the following principles.

1. Except as otherwise provided in subsection (E), a project is a major modification for a regulated NSR pollutant if it causes both a significant emissions increase and a significant net emissions increase. The project is not a major modification if it does not cause a significant emissions increase. If the project causes a significant emissions increase, then the project is a major modification only if it also results in a significant net emissions increase.

2. The procedure for calculating before beginning actual construction whether a significant emissions increase will occur depends upon the types of emissions units being modified as set forth in subsections (D)(3) through (6). The procedure for calculating before beginning actual construction whether a significant net emissions increase will occur at the major source is set forth in the definition of net emissions increase in R18-2-101 . Regardless of any such preconstruction projections, a major modification results if the project causes a significant emissions increase and a significant net emissions increase.

Actual-to-projected-actual applicability test for projects that only involve existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the projected actual emissions and the baseline actual emissions, for each existing emissions unit, equals or exceeds the significant amount for that pollutant.

4. Actual-to-potential applicability test for projects that only involve new emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the difference between the potential to emit from each new emissions unit following completion of the project and the baseline actual emissions of these units before the project equals or exceeds the significant amount for that pollutant.

[Reserved.]

6. Hybrid applicability test for projects that involve both new emissions units and existing emissions units. A significant emissions increase of a regulated NSR pollutant is projected to occur if the sum of the emissions increases for each emissions unit, using the method specified in subsections (D)(3) through (D)(4), as applicable with respect to each emissions unit, equals or exceeds the significant amount for that pollutant.

E. Any major source with a PAL for a regulated NSR pollutant shall comply with R18-2-412.

F. This subsection applies with respect to any regulated NSR pollutant emitted from projects at existing emissions units at a major stationary source (other than projects at a source with a PAL) in circumstances where there is a reasonable possibility, within the meaning of subsection (F)(6), that a project that is not a part of a major modification may result in a significant emissions increase of such pollutant and the owner or operator elects to use the method specified in R18-2-401(23)(b)(i) through (iv) of the definition of projected actual emissions for calculating projected actual emissions.

1. Before beginning actual construction of the project, the owner or operator shall document and maintain a record of the following information:

a. A description of the project;

b. Identification of the emissions unit(s) with emissions of a regulated NSR pollutant that could be affected by the project;

c. A description of the applicability test used to determine that the project is not a major modification for any regulated NSR pollutant, including the baseline actual emissions, the projected actual emissions the amount of emissions excluded under R18-2-401(23)(b)(iv) of the definition of projected actual emissions, and an explanation for why such amount was excluded; and

d. Any netting calculations, if applicable.

2. If the emissions unit is an existing electric utility steam generating unit, before beginning actual construction, the owner or operator shall provide a copy of the information set out in subsection (F)(1) to the Director. Nothing in this subsection shall be construed to require the owner or operator of such a unit to obtain any determination from the Director before beginning actual construction.

3. The owner or operator shall monitor the emissions of any regulated NSR pollutant that could increase as a result of the project and that is emitted by any emissions unit identified in subsection (F)(1)(b); and calculate and maintain a record of the annual emissions, in tons per year on a calendar year basis, for a period of five years following resumption of regular operations after the change, or for a period of 10 years following resumption of regular operations after the change if the project increases the design capacity or potential to emit of that regulated NSR pollutant at such emissions unit. For purposes of this subsection, fugitive emissions (to the extent quantifiable) shall be monitored if the emissions unit is part of a section 302(j) category or if the emissions unit is located at a major stationary source that belongs to a section 302(j) category.

4. The owner or operator shall submit a report to the Director if for a calendar year the annual emissions, in tons per year, from the project identified in subsection (F)(1) exceed the sum of the baseline actual emissions, as documented and maintained under subsection (F)(1)(c), by a significant amount for that regulated NSR pollutant, and if the emissions differ from the precon-struction projection as documented and maintained under subsection (F)(1)(c). The owner or operator shall submit the report to the Director within 60 days after the end of the calendar year. The report shall contain the following:

a. The name, address and telephone number of the major source;

b. The annual emissions as calculated pursuant to subsection (F)(3); and

c. Any other information that the owner or operator wishes to include in the report, such as an explanation as to why the emissions differ from the preconstruction projection.

5. Notwithstanding subsection (F)(4), if any existing emissions unit identified in subsection (F)(1)(b) is an electric utility steam generating unit, the owner or operator shall submit a report to the Director within 60 days after the end of each calendar year during which the owner or operator must generate records under subsection (F)(3). The report shall document the unit's post-project annual emissions during the calendar year that preceded submission of the report.

6. A "reasonable possibility" under subsection (F) occurs when the owner or operator calculates the project to result in one of the following:

a. A projected actual emissions increase of at least 50% of the amount that is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant.

b. A projected actual emissions increase that, added to the amount of emissions excluded under subsection R18-2-401(23)(b)(iv) of the definition of projected actual emissions, sums to at least 50% of the amount that is a significant emissions increase (without reference to the amount that is a significant net emissions increase) for the regulated NSR pollutant. For a project for which a reasonable possibility occurs only within the meaning of subsection (F)(6)(b), and not also within the meaning of subsection (F)(6)(a), subsections (F)(2) through (5) do not apply to the project.

7. The owner or operator of the source shall make the information required to be documented and maintained under subsection (F) available for review upon request for inspection by the Department or the general public.

G. An application for a permit or permit revision under this Article, other than a PAL permit pursuant to R18-2-412, shall not be considered complete unless the application demonstrates that:

1. The requirements in subsection (H) are met;

2. The more stringent of the applicable new source performance standards or the existing source performance standards in Article 7 of this Chapter are applied to the proposed new major source or major modification of a major source;

3. The visibility requirements contained in R18-2-410 are satisfied;

4. All applicable provisions of Article 3 of this Chapter are met;

5. The new major source or major modification will be in compliance with whatever emission limitation, design, equipment, work practice or operational standard, or combination thereof is applicable to the source or modification. The degree of emission limitation required for control of any pollutant under this Article shall not be affected in any manner by:

a. Stack height in excess of GEP stack height except as provided in R18-2-332; or

b. Any other dispersion technique, unless implemented prior to December 31, 1970;

6. The new major source or major modification will not exceed the applicable standards for hazardous air pollutants contained in this Chapter;

7. The new major source or major modification will not exceed the limitations, if applicable, on emission from nonpoint sources contained in Article 6 of this Chapter;

8. A stationary source that will emit five or more tons of lead per year will not violate the ambient air quality standards for lead contained in R18-2-206 ;

9 8. The new major source or major modification will not have an adverse impact on visibility, as determined according to R18-2-410.

H. Except for assessing air quality impacts within federal Class I areas, the air impact analysis required to be conducted as part of a permit application shall initially consider only the geographical area located within a 50 kilometer radius from the point of greatest emissions for the new major source or major modification. The Director, on his own initiative or upon receipt of written notice from any person shall have the right at any time to request an enlargement of the geographical area for which an air quality impact analysis is to be performed by giving the person applying for the permit or permit revision written notice thereof, specifying the enlarged radius to be so considered. In performing an air impact analysis for any geographical area with a radius of more than 50 kilometers, the person applying for the permit or permit revision may use monitoring or modeling data obtained from major sources having comparable emissions or having emissions which are capable of being accurately used in such demonstration, and which are subjected to terrain and atmospheric stability conditions which are comparable or which may be extrapolated with reasonable accuracy for use in such demonstration.

I. The Director shall comply with following requirements with respect to an application for a permit or permit revision subject to this Article:

1. Within 60 days after receipt of the application, or any addition to the application, the Director shall advise the applicant of any deficiency. The date of receipt of a complete application shall be, for the purpose of this Section, the date on which the Director receives all required information. The permit application shall not be deemed complete if the Director fails to meet the requirements of this subsection.

2. Within one year after receipt of a complete application, the Director shall do all of the following:

a. Make a preliminary determination as to whether the permit or permit revision should be granted or denied.

b. Make the application, all materials the applicant submitted, the preliminary determination, and materials relating to the application available under R18-2-330(D).

c. Notify the public of the application, the preliminary determination and the opportunity for a public hearing and to submit written comments in accordance with R18-2-330(C) . In the case of an application subject to R18-2-406, the notice shall include the degree of consumption of the maximum allowable increases allowed under R18-2-218 that is expected to occur as a result of emissions from the proposed source or modification.

d. Take final action on the application by denying the permit or permit revision or issuing a proposed final permit or permit revision.

e. Notify the applicant in writing of the approval or denial and make the notification, comments on the proposed action, and materials supporting the final action available for public inspection at the location where materials relating to the proposed action were placed under R18-2-330(D).

2 3. A copy of any notice required by R18-2-330 and subsection (I)(2)(c) shall be sent to the permit applicant, to the Administrator, and to the following officials and agencies having cognizance over the location where the proposed major source or major modification would occur:

a. The air pollution control officer, if one exists, for the county wherein the proposed or existing source that is the subject of the permit or permit revision application is located;

b. The county manager for the county wherein the proposed or existing source that is the subject of the permit or permit revision application is located;

c. The city or town managers of the city or town which contains, and any city or town the boundaries of which are within 5 miles of, the location of the proposed or existing source that is the subject of the permit or permit revision application;

d. Any regional land use planning agency with authority for land use planning in the area where the proposed or existing source that is the subject of the permit or permit revision application is located; and

e. Any state, Federal Land Manager, or Indian governing body whose lands may be affected by emissions from the proposed source or modification.

3. The Director shall take final action on the application within one year of the proper filing of the completed application. The Director shall notify the applicant in writing of his approval or denial.

J. The authority to construct and operate a new major source or major modification under a permit or permit revision issued under this Article shall terminate if the owner or operator does not commence the proposed construction or major modification within 18 months of issuance or if, during the construction or major modification, the owner or operator suspends work for more than 18 months. The Director may extend the 18-month period upon a satisfactory showing that an extension is justified. This provision does not apply to the time period between construction of the approved phases of a phased construction project; each phase must commence construction within 18 months of the projected and approved commencement date.

History

• Amended effective August 6, 1976 (Supp. 76-4). Former Section R9-3-402 repealed, new Section R9-3-402 adopted effective May 14, 1979 (Supp. 79-1). Amended and adopted by reference Open Burning Guidelines for Air Pollution Control effective September 22, 1983 (Supp. 83-5). Former Section R9-3-402 renumbered without change as Section R18-2-402 (Supp. 87-3). Section R18-2-402 renumbered to R18-2-602, new Section R18-2-402 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-403 Permits for Sources Located in Nonattainment Areas

A. Except as provided in subsections (C) through (G) below, no permit or permit revision shall be issued under this Article to a person proposing to construct a new major source or make a major modification that is major for the pollutant for which the area is designated nonattainment unless:

1. The person demonstrates that the new major source or the major modification will meet an emission limitation which is the lowest achievable emission rate (LAER) for that source for that regulated NSR pollutant.

2. The person demonstrates that all existing major sources owned or operated by that person (or any entity controlling, controlled by, or under common control with that person) in the state are in compliance with, or on a schedule of compliance for, all conditions contained in permits of each of the sources and all other applicable emission limitations and standards under the Act and this Chapter.

3. The person demonstrates that emission reductions for the specific pollutant(s) from source(s) in existence in the allowable offset area of the new major source or major modification (whether or not under the same ownership) meet the offset requirements of R18-2-404.

4. The Administrator has not determined that the applicable implementation plan is not being adequately implemented for the non-attainment area in which the proposed source is to be constructed or modified in accordance with the requirements in this Section.

B. No permit or permit revision under this Article shall be issued to a person proposing to construct a new major source or make a major modification to a major source located in a nonattainment area unless:

1. The person performs an analysis of alternative sites, sizes, production processes, and environmental control techniques for such new major source or major modification; and

2. The Director determines that the analysis demonstrates that the benefits of the new major source or major modification significantly outweigh the environmental and social costs imposed as a result of its location, construction, or modification.

C. At such time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as restriction on hours of operation, then the requirements of this Section shall apply to the source or modification as though construction had not yet commenced on the source or modification.

D. Secondary emissions shall not be considered in determining the potential to emit of a new source or modification and therefore whether the new source or modification is major. However, if a new source or modification is subject to this Section on the basis of its direct emissions, a permit or permit revision under this Article to construct the new source or modification shall be denied unless the requirements of R18-2-403(A)(3) and R18-2-404 are met for reasonably quantifiable secondary emissions caused by the new source or modification.

E. A permit to construct a new major source or major modification shall be denied unless the conditions specified in subsections (A)(1), (2), and (3) are met for fugitive emissions caused by the new source or modification. However, these conditions shall not apply to a new major source or major modification that would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential emissions of the source or modification, and the source does not belong to a section 302(j) category.

F. The requirements of subsection (A)(3) shall not apply to temporary emissions units, such as pilot plants, portable facilities that will be relocated outside of the nonattainment area and the construction phase of a new source, if those units will operate for no more than 24 months in the nonattainment area, are otherwise in compliance with the requirement to obtain a permit under this Chapter and are in compliance with the conditions of that permit.

G. A decrease in actual emissions shall be considered in determining the potential of a new source or modification to emit only to the extent that the Director has not relied on it in issuing any permit or permit revision under this Article or the state has not relied on it in demonstrating attainment or reasonable further progress.

H. The Director shall transmit to the Administrator a copy of each permit application relating to a major stationary source or major modification under this Section. Within 30 days of the issuance of any permit under this Section, the Director shall also submit control technology information from the permit to the Administrator for the purposes listed in Section 173(d) of the Act.

I. The issuance of a permit or permit revision under this Article in accordance with this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law.

History

• Former Section R9-3-403 repealed, new Section R9-3-403 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-403 renumbered without change as Section R18-2-403 (Supp. 87-3). Section R18-2-403 renumbered to R18-2-603, new Section R18-2-403 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-404 Offset Standards

A. Increased emissions by a major source or major modification subject to R18-2-403 of each pollutant for which the area has been des- ignated as nonattainment and for which the source or modification is classified as major shall be offset by real reductions in the actual emissions of the pollutant. Offsets shall be for the same regulated NSR Pollutant. Except as provided in R18-2-405 and subsection (J), the ratio of the total actual reductions to the emissions increase shall be at least 1 to 1.

B. Except as provided in subsection (B)(1) or (2), for sources and modifications subject to this Section, the baseline for determining credit for emissions reductions is the emissions limit for the source generating the offset credit under the applicable implementation plan in effect at the time the application for a permit or permit revision is filed.

1. The offset baseline shall be the actual emissions of the source from which offset credit is obtained where either of the following conditions is satisfied:

a. The demonstration of reasonable further progress and attainment of ambient air quality standards is based upon the actual emissions of sources located within a designated nonattainment area for which the preconstruction review program was adopted.

b. The applicable implementation plan does not contain an emissions limitation for that source or source category.

2. Where the emissions limit under the applicable implementation plan allows greater emissions than the potential to emit of the source, emissions offset credit will be allowed only for control below this potential.

C. For an existing fuel combustion source, emissions offset credit shall be based on the allowable emissions under the applicable implementation plan for the type of fuel being burned at the time the application to construct is filed. If the existing source commits to switch to a cleaner fuel at some future date, emissions offset credit based on the allowable or actual emissions for the fuels involved is not acceptable, unless the permit for the existing source is conditioned to require the use of a specified alternative control measure which would achieve the same degree of emissions reduction should the source switch back to a fuel generating higher emissions. The owner or operator of the existing source must demonstrate that adequate long-term supplies of the new fuel are available before granting emissions offset credit for fuel switches.

D. Offset Credit for Shutdowns.

1. Emissions reductions achieved by shutting down an existing emission unit or curtailing production or operating hours may be credited for offsets if they meet both of the following conditions.

a. The reductions are surplus, permanent, quantifiable, and federally enforceable.

b. The shutdown or curtailment occurred after the last day of the base year for the SIP planning process. For purposes of this subsection, the Director may choose to consider a prior shutdown or curtailment to have occurred after the last day of the base year if the projected emissions inventory used to develop the attainment demonstration explicitly includes the emissions from such previously shutdown or curtailed emission units. However, in no event may credit be given for shutdowns that occurred before August 7, 1977.

2. Emissions reductions achieved by shutting down an existing emissions unit or curtailing production or operating hours and that do not meet the requirements in subsection (D)(1)(b) may be credited only if one of the following conditions is satisfied:

a. The shutdown or curtailment occurred on or after the date the construction permit application is filed.

b. The applicant can establish that the proposed new emissions unit is a replacement for the shutdown or curtailed emissions unit, and the emissions reductions achieved by the shutdown or curtailment met the requirements of subsection (D)(1)(a).

E. No emissions credit may be allowed for replacing one hydrocarbon compound with another of lesser reactivity, except for those compounds listed in Table 1 of EPA's "Recommended Policy on Control of Volatile Organic Compounds," 42 FR 35314 (July 8, 1977).

F. All emission reductions claimed as offset credits shall be federally enforceable by the time a proposed final permit is issued to the owner or operator of the major source subject to this Section and shall be in effect by the time the new or modified source subject to the permit commences operation.

G. The owner or operator of a major source or major modification subject to this Section must obtain offset credits from the same source or from other sources in the same nonattainment area, except that the Director may allow the owner or operator to obtain offset credits from another nonattainment area if both of the following conditions are satisfied:

1. The other area has an equal or higher nonattainment classification than the area in which the source is located.

2. Emissions from such other area contribute to a violation of the national ambient air quality standard in the nonattainment area in which the source is located.

H. Credit for an emissions reduction can be claimed to the extent that the Director has not relied on it in issuing any permit under this Article, R18-2-334, or the state has not relied on it in a demonstration of attainment or reasonable further progress.

I. The total tonnage of increased emissions, in tons per year, resulting from a major modification that must be offset under this Section shall be determined by summing the difference between the allowable emissions after the modification and the actual emissions before the modification for each emissions unit.

J. In ozone nonattainment areas classified as marginal, total emissions of VOC and oxides of nitrogen from other sources shall offset those proposed or permitted from the major source or major modification by a ratio of at least 1.10 to 1. In ozone nonattainment areas classified as moderate, total emissions of VOC and oxides of nitrogen from other sources shall offset those proposed or permitted from the major source or major modification by a ratio of at least 1.15 to 1. New major sources and major modifications in serious and severe ozone nonattainment areas shall comply with this Section and R18-2-405.

History

• Former Section R9-3-404 repealed, new Section R9-3-404 adopted effective May 14, 1979 (Supp. 79-1). Amended by adding subsection (C) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-404 renumbered without change as Section R18-2-404 (Supp. 87-3). Amended subsection (C) effective December 1, 1988 (Supp. 88-4). Section R18-2-404 renumbered to R18-2-604, new Section R18-2-404 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final exepedited rulemaking at 28 A.A.R. 1135, effective 5/4/2022.

Ariz. Admin. Code § R18-2-405 Special Rule for Major Sources of VOC or Nitrogen Oxides in Ozone Nonattainment Areas Classified as Serious or Severe

A. Applicability. The provisions of this Section only apply to stationary sources of VOC or nitrogen oxides in ozone nonattainment areas classified as serious or severe. Unless otherwise provided in this Section, all requirements of Articles 3 and 4 of this Chapter apply.

B. "Significant" means, in reference to an emissions increase or a net emissions increase, any increase in actual emissions of volatile organic compounds or nitrogen oxides that would result from any physical change in, or change in the method of operation of, a major source, if the emissions increase of volatile organic compounds or nitrogen oxides exceeds 25 tons per year.

C. For any major source that emits or has the potential to emit less than 100 tons of VOC or oxides of nitrogen per year, a physical or operational change that results in a significant increase in VOC or oxides of nitrogen, respectively, from any discrete operation, unit, or other pollutant emitting activity at the source shall constitute a major modification, except that the increase shall not constitute a major modification, if the owner or operator of the source elects to offset the increase by a greater reduction in emissions of VOC or oxides of nitrogen, as applicable, from other operations, units or activities at the source at an internal offset ratio of at least 1.3 to 1. If the owner or operator does not make such an election, the change shall constitute a major modification but BACT shall be substituted for LAER when applying R18-2-403(A)(1) to the major modification.

D. For any stationary source that emits or has the potential to emit 100 tons or more of VOC or oxides of nitrogen per year, a physical or operational change that results in any significant increase in VOC from any discrete operation, unit or other pollutant emitting activity at the source or oxides of nitrogen, respectively, shall constitute a major modification except that if the owner or operator of the source elects to offset the increase by a greater reduction in emissions of VOC or oxides of nitrogen, as applicable, from other operations, units or activities within the source at an internal offset ratio of at least 1.3 to 1, R18-2-403(A)(1) shall not apply to the change.

E. For any new major source or major modification that is classified as major because of emissions or potential to emit VOC or nitrogen oxides in an ozone nonattainment area classified as serious, the increase in emissions of these pollutants from the source or modification shall be offset at a ratio of 1.2 to 1. The offset shall be made in accordance with the provisions of R18-2-404.

F. For any new major source or major modification that is classified as such because of emissions or potential to emit VOC or nitrogen oxides in an ozone nonattainment area classified as severe, the increase in emissions of these pollutants from the source or modification shall be offset at a ratio of 1.3 to 1. These offsets shall be made in accordance with the provisions of R18-2-404.

History

• Former R9-3-405, Other industries, renumbered R9-3-406, new Section adopted effective September 17, 1975 (Supp. 75-1). Former Section R9-3-405 repealed, new Section R9-3-405 adopted effective May 14,1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-405 renumbered without change as Section R18-2-405 (Supp. 87-3). Section R18-2-405 renumbered to R18-2-605, new Section R18-2-405 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 5 A.A.R. 4074, effective September 22, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-406 Permit Requirements for Sources Located in Attainment and Unclassifiable Areas

A. Except as provided in subsections (B) through (J) below and R18-2-408 (Innovative control technology), no permit or permit revision under this Article shall be issued to a person proposing to construct a new major source or make a major modification to a major source that would be constructed in an area designated as attainment or unclassifiable for any regulated NSR pollutant unless the source or modification meets the following conditions:

1. A new major source shall apply best available control technology (BACT) for each regulated NSR pollutant for which the potential to emit is significant.

2. A major modification shall apply BACT for each regulated NSR pollutant for which the project would result in a significant net emissions increase at the source. This requirement applies to each proposed emissions unit at which a net emissions increase in the pollutant would occur as a result of a physical change or change in the method of operation in the unit.

3. For phased construction projects, the determination of BACT shall be reviewed and modified as appropriate at the latest reasonable time which occurs no later than 18 months prior to commencement of construction of each independent phase of the project. At such time the owner or operator of the applicable stationary source may be required to demonstrate the adequacy of any previous determination of BACT for the source.

4. BACT shall be determined on a case-by-case basis and may constitute application of production processes or available methods, systems, and techniques, including fuel cleaning or treatment, clean fuels, or innovative fuel combustion techniques, for control of such pollutant. In no event shall such application of BACT result in emissions of any pollutant, which would exceed the emissions allowed by any applicable new source performance standard or national emission standard for hazardous air pollutants or by the applicable implementation plan. If the Director determines that technological or economic limitations on the application of measurement methodology to a particular emissions unit would make the imposition of an emissions standard infeasible, a design, equipment, work practice, operational standard, or combination thereof may be prescribed instead to satisfy the requirement for the application of BACT. Such standard shall, to the degree possible, set forth the emissions reduction achievable by implementation of such design, equipment, work practice, or operation and shall provide for compliance by means which achieve equivalent results.

5. The person applying for the permit or permit revision under this Article performs an air impact analysis and monitoring as specified in R18-2-407, and the analysis demonstrates that allowable emission increases from the proposed new major source or major modification, in conjunction with all other applicable emission increases or reductions, including secondary emissions,a. would not cause or contribute to concentrations of conventional air pollutants in violation of:

a. Any national ambient air quality standard in any air quality control region; or

b. Any applicable maximum increase allowed under R18-2-218 over the baseline concentration in any area.

b. Would not contribute to an increase in ambient concentrations for a pollutant by an amount in excess of the significance level for such pollutant in any adjacent area in which Arizona primary or secondary ambient air quality standards for that pollutant are being violated. A new major source of volatile organic compounds or nitrogen oxides, or a major modification to a major source of volatile organic compounds or nitrogen oxides shall be presumed to contribute to violations of the Arizona ambient air quality standards for ozone if it will be located within 50 kilometers of a nonattainment area for ozone. The presumption may be rebutted for a new major source or major modification if it can be satisfactorily demonstrated to the Director that emissions of volatile organic compounds or nitrogen oxides from the new major source or major modification will not contribute to violations of the Arizona ambient air quality standards for ozone in adjacent nonattainment areas for ozone. Such a demonstration shall include a showing that topographical, meteorological, or other physical factors in the vicinity of the new major source or major modification are such that transport of volatile organic compounds emitted from the source are not expected to contribute to violations of the ozone standards in the adjacent nonattainment areas.

6. Air quality models:

a. All estimates of ambient concentrations required under this Section shall be based on the applicable air quality models, databases, and other requirements specified in 40 CFR 51, Appendix W, "Guideline On Air Quality Models," as of June 30, 2017 (and no future amendments or additions), which shall be referred to hereinafter as "Guideline" and is adopted by reference and is on file with the Department.

b. Where an air quality impact model specified in the "Guideline" is not applicable, the model may be modified or another model substituted. Such a change shall be subject to notice and opportunity for public comment under R18-2-330 . Written approval of the EPA Administrator shall be obtained for any modification or substitution.

B. This Section and R18-2-407 shall not apply to a new major source or major modification to a source with respect to a particular pollutant if the person applying for the permit or permit revision under this Article demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment for the pollutant. This exemption shall not apply to an area designated nonattainment for a revoked national ambient air quality standard in 40 CFR 81.

C. This Section, R18-2-407, and R18-2-410(B), (F), and (G) shall not apply to a new major source or a major modification if the source or modification would be a major source or major modification only if fugitive emissions, to the extent quantifiable, are considered in calculating the potential emissions of the source or modification, and the source does not belong to a section 302(j) category.

D. This Section, R18-2-407, and R18-2-410(B), (F), and (G) shall not apply to a new major source or major modification to a source when the owner or operator of the source is a nonprofit health or educational institution.

E. This Section, R18-2-407, and R18-2-410(B), (F) and (G) shall not apply to a portable source which would otherwise be a new major source or major modification to an existing source if all of the following conditions are satisfied:

1. The portable source proposes to relocate and will operate for no more than 24 months at its new location.

2. The source is subject to a permit or permit revision issued under this Section or 40 CFR 52.21.

3. The source is in compliance with the conditions of that permit or permit revision.

4. Emissions from the source will not impact a federal Class I area or an area where an applicable maximum increase allowed under R18-2-218 is known to be violated.

5. Reasonable notice is given to the Director prior to the relocation identifying the proposed new location and the probable duration of operation at the new location at least 10 calendar days in advance of the proposed relocation, unless a different time duration is previously approved by the Director.

F. Subsection (A)(5), R18-2-407, and R18-2-410(B) shall not apply to a proposed major source or major modification with respect to a particular pollutant, if the allowable emissions of that pollutant from the source, or the net emissions increase of that pollutant from the modification, would be temporary and impact no federal Class I area and no area where a maximum increase allowed under R18-2-218 is known to be violated.

G. Subsection (A)(5), R18-2-407, and R18-2-410(B) as they relate to any maximum allowable increase for a Class II area shall not apply to a modification of a major stationary source that was in existence on March 1, 1978, if the net increase in allowable emissions of each regulated NSR pollutant from the modification after the application of best available control technology would be less than 50 tons per year.

H. Subsection (A)(5)(b) shall not apply to a stationary source or modification with respect to any maximum increase allowed for nitrogen oxides under R18-2-218 if the owner or operator of the source or modification submitted an application for a permit under the applicable permit program approved or promulgated under the Act before the provisions embodying the maximum allowable increase took effect as part of the state implementation plan and the Director subsequently determined that the application as submitted before that date was complete.

I. Subsection (A)(5)(b) shall not apply to a stationary source or modification with respect to any maximum increase allowed for PM₁₀under R18-2-218 if the owner or operator of the source or modification submitted an application for a permit under the applicable permit program approved under the Act before the provisions embodying the maximum allowable increases for PM₁₀ took effect as part of the state implementation plan and the Director subsequently determined that the application as submitted before that date was complete. Instead, subsection (A)(5)(b) shall apply with respect to the maximum allowable increases for total suspended particulate as in effect on the date the application was submitted.

J. Subsection (A)(5)(a) shall not apply to a stationary source or modification with respect to the national ambient air quality standards for PM_2.5 in effect on March 18, 2013 if either of the following is true:

1. The Director determined a permit application subject to this Section was complete on or before December 14, 2012. Instead, subsection (A)(5)(a) shall apply with respect to the national ambient air quality standards for PM_2.5 in effect at the time the Director determined the permit application to be complete.

2. The Director first published before March 18, 2013 a public notice of a proposed permit subject to this Section. Instead, subsection (A)(5)(a) shall apply with respect to the national ambient air quality standards for PM_2.5 in effect at the time of first publication of the public notice.

K. Subsection (A)(5)(a) of this section shall not apply to a stationary source or modification with respect to the revised national ambient air quality standards for ozone published on October 26, 2015 if:

1. The Director has determined the permit application subject to this section to be complete on or before October 1, 2015. Instead, subsection (A)(5)(a) shall apply with respect to the national ambient air quality standards for ozone in effect at the time the Director determined the permit application to be complete.

2. The Director has first published, before December 25, 2015, a public notice of a preliminary determination or draft permit for the permit application subject to this section. Instead, subsection (A)(5)(a) shall apply with respect to the national ambient air quality standards for ozone in effect at the time the Director determined the permit application to be complete.

L. The owner or operator of a proposed source or modification shall submit all information necessary to perform any analysis or make a determination required under this Section. The owner or operator shall also provide information regarding:

The air quality impact of the source or modification, including meteorological and topographical data necessary to estimate such impact, and

2. The air quality impacts and the nature and extent of any or all general commercial, residential, industrial, and other growth which has occurred since August 7, 1977, in the area the source or modification would affect.

G M. The issuance of a permit or permit revision under this Article in accordance with this Section shall not relieve the owner or operator of the responsibility to comply fully with applicable provisions of the SIP and any other requirements under local, state, or federal law.

H N. At such time that a particular source or modification becomes a major source or major modification solely by virtue of a relaxation in any enforceable limitation which was established after August 7, 1980, on the capacity of the source or modification otherwise to emit a pollutant, such as a restriction on hours of operation, then the requirements of this Section shall apply to the source or modification as though construction had not yet commenced on the source or modification.

History

• Former Section R9-3-405, renumbered effective September 17, 1975 (Supp. 75-1). Former Section R9-3-406 repealed, new Section R9-3-406 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-406 renumbered without change as Section R18-2-406 (Supp. 87-3). Section R18-2-406 renumbered to R18-2-606, new Section R18-2-406 adopted effective November 15, 1993 (Supp. 93-4). Amended effective February 28, 1995 (Supp. 95-1). The references to R18-2-101(97)(a) in subsection (A)(1) and (2) amended to reference R18-2-101(104)(a) (Supp. 99-3). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 3630, effective 2/1/2020.

Ariz. Admin. Code § R18-2-407 Air Quality Impact Analysis and Monitoring Requirements

A. Any application for a permit or permit revision under R18-2-406 to construct a new major source or major modification to a major source shall contain an analysis of ambient air quality in the area that the new major source or major modification would affect for each of the following pollutants:

1. For the new source, each pollutant that it would have the potential to emit in a significant amount;

2. For the modification, each pollutant for which it would result in a significant net emissions increase.

B. With respect to any such pollutant for which no national ambient air quality standard exists, the analysis shall contain all air quality monitoring data as the Director determines is necessary to assess ambient air quality for that pollutant in any area that the emissions of the pollutant would affect.

C. With respect to any such pollutant (other than nonmethane hydrocarbons) for which such a standard does exist, the analysis shall contain continuous air quality monitoring data gathered for purposes of determining whether emissions of that pollutant would cause or contribute to a violation of the standard or any maximum allowable increase.

D. In general, the continuous air quality monitoring data that is required shall have been gathered over a period of at least one year and shall represent at least the year preceding receipt of the application, except that, if the Director determines that a complete and adequate analysis can be accomplished with monitoring data gathered over a period shorter than one year (but not to be less than four months), the data that is required shall have been gathered over at least that shorter period.

E. The owner or operator of a proposed stationary source or modification to a source of volatile organic compounds who satisfies all conditions of 40 CFR 51, Appendix S, Section I V, may provide post-approval monitoring data for ozone in lieu of providing precon-struction data as required under subsections (B), (C), and (D) above.

F. Post-construction monitoring. The owner or operator of a new major source or major modification shall, after construction of the source or modification, conduct such ambient monitoring as the Director determines is necessary to determine the effect emissions from the new source or modification may have, or are having, on air quality in any area.

G. Operations of monitoring stations. The owner or operator of a new major source or major modification shall meet the requirements of 40 CFR 58, Appendix B, during the operation of monitoring stations for purposes of satisfying subsections (B) through (F) above.

H. The requirements of subsections (B) through (G) above shall not apply to a new major source or major modification to an existing source with respect to monitoring for a particular pollutant if:

The emissions increase of the pollutant from the new source or the net emissions increase of the pollutant from the modification would cause, in any area, air quality impacts less than the following amounts:

a. Carbon Monoxide - 575 µg/m³, eight-hour average;

b. Nitrogen dioxide - 14 µg/m³, annual average;

c. PM_2.5 - 04 µg/m³, 24-hour average;

d. PM₁₀ - 10 µg/m³, 24-hour average;

e. Sulfur dioxide - 13 µg/m³, 24-hour average;

f. Lead - 0.1 µg/m³, 3-month average;

g. Fluorides - 0.25 µg/m³, 24-hour average;

h. Total reduced sulfur - 10 µg/m³, one-hour average;

i. Hydrogen sulfide - 0.04 µg/m³, one-hour average;

j. Reduced sulfur compounds - 10 µg/m³, one-hour average;

k. Ozone - net emissions increases of less than 100 tons per year of volatile organic compounds or oxides of nitrogen;

2. The concentrations of the pollutant in the area that the new source or modification would affect are less than the concentrations listed in subsection (H)(1); or

3. The pollutant is not listed in subsection (H)(1).

I. Any application for permit or permit revision under this Article to construct a new major source or major modification to a source shall contain:

1. An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the new source or modification and general commercial, residential, industrial, and other growth associated with the new source or modification. The applicant need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

2. An analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the new source or modification.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-407 renumbered without change as Section R18-2-407 (Supp. 87-3). Section R18-2-407 renumbered to R18-2-607, new Section R18-2-407 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-408 Innovative Control Technology

A. Notwithstanding the provisions of R18-2-406(A)(1) through (3), the owner or operator of a proposed new major source or major modification may request that the Director approve a system of innovative control technology rather than the best available control technology requirements otherwise applicable to the new source or modification.

B. The Director shall approve the installation of a system of innovative control technology if the following conditions are met:

1. The owner or operator of the proposed source or modification satisfactorily demonstrates that the proposed control system would not cause or contribute to an unreasonable risk to public health, welfare, or safety in its operation or function;

2. The owner or operator agrees to achieve a level of continuous emissions reduction equivalent to that which would have been required under R18-2-406(A)(1) or (2) by a date specified in the permit or permit revision under this Article for the source. Such date shall not be later than four years from the time of start-up or seven years from the issuance of a permit or permit revision under this Article;

3. The source or modification would meet requirements equivalent to those in R18-2-406(A) based on the emissions rate that the stationary source employing the system of innovative control technology would be required to meet on the date specified in the permit or permit revision under this Article.

4. Before the date specified in the permit or permit revision under this Article, the source or modification would not:

a. Cause or contribute to any violation of an applicable national ambient air quality standard; or

b. Impact any area where an applicable maximum increase allowed under R18-2-208 is known to be violated.

5. All other applicable requirements including those for public participation have been met.

6. The Director receives the consent of the governors of other affected states.

7. The requirements of R18-2-410 for federal Class I areas will be met for all periods during the life of the source or modification.

C. The Director shall withdraw any approval to employ a system of innovative control technology made under this Section if:

1. The proposed system fails by the specified date to achieve the required continuous emissions reduction rate; or

2. The proposed system fails before the specified date so as to contribute to an unreasonable risk to public health, welfare, or safety; or

3. The Director decides at any time that the proposed system is unlikely to achieve the required level of control or to protect the public health, welfare, or safety.

D. If the new source or major modification fails to meet the required level of continuous emissions reduction within the specified time period, or if the approval is withdrawn in accordance with subsection (C) above, the Director may allow the owner or operator of the source or modification up to an additional three years to meet the requirement for the application of best available control technology through use of a demonstrated system of control.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Former Section R9-3-408 renumbered without change as Section R18-2-408 (Supp. 87-3). Section R18-2-408 renumbered to R18-2-608, new Section R18-2-408 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-409 Air Quality Models

A. Where the Director requires a person requesting a permit or permit revision under this Article to perform air quality impact modeling to obtain such permit or permit revision under this Article, the modeling shall be performed in a manner consistent with the Guideline specified in R18-2-406(A)(6)(a).

B. Where the person requesting a permit or permit revision under this Article can demonstrate that an air quality impact model specified in the Guideline is inappropriate, the model may be modified or another model substituted. However, before such modification or substitution can occur, the Director shall make a written finding that:

1. No model in the Guideline is appropriate for a particular permit or permit revision under this Article under consideration, or

2. The data base required for the appropriate model in the Guideline is not available, and

3. The model proposed as a substitute or modification is likely to produce results equal or superior to those obtained by models in the Guideline, and

4. The model proposed as a substitute or modification has been approved by the Administrator.

C. The substitution or modification of an air quality model under this Section shall be included in the public notice under R18-2-330(C).

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-409 renumbered without change as Section R18-2-409 (Supp. 87-3). Section R18-2-409 renumbered to R18-2-609, new Section R18-2-409 adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-410 Visibility and Air Quality Related Value Protection

A. For any new major source or major modification subject to the provisions of this Chapter, no permit or permit revision under this Article shall be issued to a person proposing to construct or modify the source unless the applicant has provided:

1. An analysis of the anticipated impacts of the proposed source on visibility in any Class I areas which may be affected by the emissions from that source; and

2. Results of monitoring of visibility in any area near the proposed source for such purposes and by such means as the Director determines is necessary and appropriate.

B. A determination of an adverse impact on visibility shall be made based on consideration of all of the following factors:

1. The times of visitor use of the area;

2. The frequency and timing of natural conditions in the area that reduce visibility;

3. All of the following visibility impairment characteristics:

a. Geographic extent,

b. Intensity,

c. Duration,

d. Frequency,

e. Time of day;

4. The correlation between the characteristics listed in subsection (B)(3) and the factors described in subsections (B)(1) and (2).

C. The Director shall not issue a permit or permit revision pursuant to this Article or Article 3 of this Chapter for any new major source or major modification subject to this Chapter unless the following requirements have been met:

1. The Director shall notify the individuals identified in subsection (C)(2) within 30 days of receipt of any advance notification of any such permit or permit revision under this Article.

2. Within 30 days of receipt of an application for a permit or permit revision under this Article for a source whose emissions may affect a Class I area, the Director shall provide written notification of the application to the Federal Land Manager and the federal official charged with direct responsibility for management of any lands within any such area. The notice shall:

a. Include a copy of all information relevant to the permit or permit revision under this Article,

b. Include an analysis of the anticipated impacts of the proposed source on visibility in any area which may be affected by emissions from the source, and

c. Provide for no less than a 30-day period within which written comments may be submitted.

3. The Director shall consider any analysis provided by the Federal Land Manager that is received within the comment period provided in subsection (C)(2).

a. Where the Director finds that the analysis provided by the Federal Land Manager does not demonstrate to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director shall, within the public notice required under R18-2-330, either explain the decision or specify where the explanation can be obtained.

b. When the Director finds that the analysis provided by the Federal Land Manager demonstrates to the satisfaction of the Director that an adverse impact on visibility will result in the area, the Director shall not issue a permit or permit revision under this Article for the proposed major new source or major modification.

4. When the proposed permit decision is made, pursuant to R18-2-304(J), and available for public review, the Director shall provide the individuals identified in subsection (C)(2) with a copy of the proposed permit decision and shall make available to them any materials used in making that determination.

A. Applicability.

1. All of the requirements of this Section apply to a new major source or major modification that would be constructed in an area that is designated attainment or unclassifiable.

2. Subsections (B) to (D) apply to the following:

a. A new major source or major modification that may have an impact on any integral vista of a mandatory federal Class I area, if it is identified in accordance with 40 CFR 51.304 by the Federal Land Manager at least twelve months before submission of a complete permit application for the source or modification, except where the Federal Land Manager has provided notice and opportunity for public comment on the integral vista, in which case the review must include impacts on any integral vista identified at least six months before submission of a complete permit application. This subsection shall not apply if the Director determines under 40 CFR 51.304(d) that the identification was not in accordance with the identification criteria.

b. A new major source or major modification that proposes to locate in an area designated as nonattainment and that may have an impact on visibility in any mandatory federal Class I area.

B. Application Requirements. Any application for a permit or permit revision to construct a major source or major modification subject to this section shall contain:

1. An analysis of the impairment to visibility, soils, and vegetation that would occur as a result of the new source or modification and general commercial, residential, industrial, and other growth associated with the new source or modification. The applicant need not provide an analysis of the impact on vegetation having no significant commercial or recreational value.

2. An analysis of the air quality impact projected for the area as a result of general commercial, residential, industrial, and other growth associated with the new source or modification.

C. Notification Requirements.

1. The Director shall provide written notice of the application for a permit or permit revision subject to this section to the Administrator, the Federal Land Manager and the federal official charged with direct responsibility for management of any lands within any Class I area that may be affected by the source or modification. The notice shall be provided within 30 days of receipt of the application and at least 60 days before any public hearing on the application. The notice shall:

a. Include a copy of the application and all information relevant to the permit or permit revision under this Article;

b. Include an analysis of the anticipated impacts of the proposed source on visibility in any federal Class I area; and

c. Provide for no less than a 30-day period within which written comments may be submitted.

2. The Director shall notify the individuals identified in subsection (C)(1) within 30 days of receipt of any advance notification of any such permit or permit revision.

3. The Director shall notify the individuals identified in subsection (C)(1) of the preliminary determination for the application under R18-2-402(I)(2)(c) and shall make available any materials used in making that determination.

The Director shall provide notice to the administrator of every action related to the consideration of such permit or permit revision.

D. Consideration of Federal Land Manager Analysis.

1. The Federal Land Manager and the federal official charged with direct responsibility for management of federal Class I areas have an affirmative responsibility to protect the air quality related values, including visibility, of any such areas and to consider, in consultation with the Administrator, whether a proposed source or modification would have an adverse impact on such values.

2. The Director shall consider any analysis performed by the Federal Land Manager and provided within 30 days of the notification required by subsection (C)(1) that shows that a proposed new major stationary source or major modification may have an adverse impact on visibility in a federal Class I area or integral vista.

3. In considering the analysis, the Director shall ensure that the source's emissions will be consistent with making reasonable progress toward the national visibility goal referred to in 40 CFR 51.300(a), taking into account the costs of compliance, the time necessary for compliance, the energy and nonair quality environmental impacts of compliance, and the useful life of the source.

4. If the Director concurs with the analysis, the Director shall deny the permit or permit revision.

5. If the Director finds that the analysis does not demonstrate to the satisfaction of the Director that an adverse impact on visibility will result in the federal Class I area or integral vista, the Director shall, in the notice required by R18-2-402(I)(2)(c), either explain that decision or give notice as to where the explanation can be obtained.

E. Federal Land Manager Analysis Showing Adverse Impact Despite Compliance with Maximum Allowable Increases for Class I Area.

Within 30 days after the notification required by subsection (C)(3), the Federal Land Manager may present to the Director a demonstration that the emissions attributed to a new major source or major modification would have an adverse impact on visibility or other specifically defined air quality related values of any mandatory federal Class I area, even though the change in air quality resulting from emissions attributable to the source or modification will not cause or contribute to concentrations that exceed the maximum increases allowed for the area in R18-2-218.

2. If the Director concurs with the demonstration, the Director shall not issue a permit or permit revision for the major source or major modification.

F. Class I Variance with Federal Land Manager Concurrence.

1. The owner or operator of a proposed source or modification may demonstrate to the Federal Land Manager that emissions from the source will have no adverse impact on the air quality related values (including visibility) of federal Class I areas, even though the change in air quality resulting from emissions from the source or modification are projected to cause or contribute to concentrations that exceed the maximum increases allowed for a Class I area under R18-2-218.

2. If the Federal land manager concurs with the demonstration and so certifies to the Director, the Director may issue the permit, provided that:

a. Applicable requirements are otherwise met; and

b. The permit contains emission limits necessary to assure that emissions of sulfur dioxide, PM_2.5, PM₁₀, and nitrogen oxides will not cause increases in ambient concentrations of those pollutants exceeding the following maximum allowable increases over minor source baseline concentrations:

| Pollutant | Maximum allowable increase (micrograms per cubic meter) | | --- | --- | | PM_2.5 | | | Annual arithmetic mean | 4 | | 24-hr maximum | 9 | | PM₁₀ | | | Annual arithmetic mean | 17 | | 24-hr maximum | 30 | | Sulfur dioxide: | | | Annual arithmetic mean | 20 | | 24-hr maximum | 91 | | 3-hr maximum | 325 | | Nitrogen dioxide | | | Annual arithmetic mean | 25 |

G. Class I Sulfur Dioxide Variance by Governor with Concurrence by Federal Land Manager or President.

1. The owner or operator of a proposed source or modification that cannot be approved under subsection (F) may demonstrate to the Governor that the source cannot be constructed by reason of any maximum allowable increase for sulfur dioxide for a period of twenty-four hours or less applicable to any Class I area and, in the case of mandatory federal Class I areas, that a variance under this clause would not adversely affect the air quality related values of the area (including visibility). The Governor, after consideration of the Federal Land Manager's recommendation (if any) and subject to his concurrence, may, after notice and public hearing, grant a variance from the maximum allowable increase. If the variance is granted, the Director shall issue a permit or permit to the source or modification pursuant to the requirements of subsection (G)(3), provided that the applicable requirements of R18-2-406 are otherwise met.

2. In any case where the Governor recommends a variance in which the Federal Land Manager does not concur, the recommendations of the Governor and the Federal Land Manager shall be transmitted to the President. The President may approve the Governor's recommendation if the President finds that the variance is in the national interest. If the variance is approved, the Director shall issue a permit pursuant to subsection (G)(3), provided that the applicable requirements of R18-2-406 are otherwise met.

3. In the case of a permit issued pursuant to subsection (G)(1) or (G)(2) the source or modification shall comply with emission limitations necessary to assure that emissions of sulfur dioxide from the source or modification will not (during any day on which the otherwise applicable maximum allowable increases are exceeded) cause or contribute to concentrations that would exceed the following maximum allowable increases over the baseline concentration and to assure that the emissions will not cause or contribute to concentrations that exceed the otherwise applicable maximum allowable increases for periods of exposure of 24 hours or less for more than 18 days, not necessarily consecutive, during any annual period:

| Maximum Allowable Increase [Micrograms per cubic meter] | | | | --- | --- | --- | | Period of exposure | Terrain areas | | | Low | High | | | 24-hr maximum | 36 | 62 | | 3-hr maximum | 130 | 221 |

H. Visibility Monitoring. The Director may require monitoring of visibility in any federal Class I area near a proposed major source or major modification for such purposes and by such means as the Director deems necessary and appropriate.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-410 renumbered without change as Section R18-2-410 (Supp. 87-3). Section R18-2-410 renumbered to R18-2-610, new Section R18-2-410 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-411 Permit Requirements for Sources that Locate in Attainment or Unclassifiable Areas and Cause or Contribute to a Violation of Any National Ambient Air Quality Standard

A. Except as provided in subsection (C) or (D), the Director shall deny a permit or permit revision to any major source or major modification that would locate in any attainment or unclassified area, if the source or modification would cause or contribute to a violation of any national ambient air quality standard.

B. A major source or major modification will be considered to cause or contribute to a violation of a national ambient air quality standard when the source or modification would, at a minimum, cause an increase in the concentrations of a regulated NSR pollutant that exceeds the significance level at any locality that does not, or as a result of the increase would not, meet the standard.

C. A proposed major source or major modification subject to subsection (A) may reduce the impact of its emissions upon air quality by obtaining sufficient emission reductions to, at a minimum, compensate for its adverse ambient impact where the major source or major modification would otherwise cause or contribute to a violation of any national ambient air quality standard.

D. Subsection (A) shall not apply to a major stationary source or major modification with respect to a particular pollutant if the owner or operator demonstrates that, as to that pollutant, the source or modification is located in an area designated as nonattainment pursuant to section 107 of the Act.

History

• Adopted effective November 15, 1993 (Supp. 93-4). Section repealed by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-412 PALs

A. Applicability.

1. The Director may approve the use of a PAL for any existing major source if the PAL meets the requirements of this Section.

2. Any physical change in or change in the method of operation of a major stationary source that maintains its total source-wide emissions below the PAL level, meets the requirements of this Section, and complies with the PAL permit:

a. Is not a major modification for the PAL pollutant,

b. Does not have to be approved under R18-2-403 or R18-2-406, and

c. Is not subject to the provisions in R18-2-403(C) or R18-2-406(M).

3. Except as provided under subsection (A)(2)(c), a major stationary source shall continue to comply with all applicable federal or state requirements, emission limitations, and work practice requirements that were established prior to the effective date of the PAL.

B. Permit application requirements. As part of a permit application requesting a PAL, the owner or operator of a major source shall submit the following information to the Director for approval:

1. A list of all emissions units at the source designated as small, significant or major based on their potential to emit. In addition, the owner or operator of the source shall indicate which, if any, federal or state applicable requirements, emission limitations, or work practices apply to each unit.

2. Calculations of the baseline actual emissions (with supporting documentation). Baseline actual emissions shall include emissions associated not only with operation of the unit, but also emissions associated with the startup, shutdown and malfunction.

3. The calculation procedures that the major source owner or operator proposes to use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total for each month as required by subsection (L)(1).

C. General requirements for establishing PALs.

1. The Director is allowed to establish a PAL at a major source, provided that at a minimum, the following requirements are met:

a. The PAL shall impose an annual emission limitation in tons per year, that is enforceable as a practical matter, for the entire major source. For each month during the PAL effective period after the first 12 months of establishing a PAL, the major source owner or operator shall show that the sum of the monthly emissions from each emissions unit under the PAL for the previous 12 consecutive months is less than the PAL (a 12-month sum, rolled monthly). For each month during the first 11 months from the PAL effective date, the major source owner or operator shall show that the sum of the preceding monthly emissions from the PAL effective date for each emissions unit under the PAL is less than the PAL.

b. The PAL shall be established in a PAL permit that meets the requirements in subsection (D).

c. The PAL permit shall contain all the requirements of subsection (F).

d. The PAL shall include fugitive emissions, to the extent quantifiable, from all emissions units that emit or have the potential to emit the PAL pollutant at the major source.

e. Each PAL shall regulate emissions of only one pollutant.

f. Each PAL shall have a PAL effective period of 10 years.

g. The owner or operator of the major source with a PAL shall comply with the monitoring, recordkeeping, and reporting requirements provided in subsections (K) through (M) for each emissions unit under the PAL through the PAL effective period.

2. At no time (during or after the PAL effective period) are emissions reductions of a PAL pollutant that occur during the PAL effective period creditable as decreases for purposes of offsets under R18-2-404 unless the level of the PAL is reduced by the amount of such emissions reductions and such reductions would be creditable in the absence of the PAL.

D. Action on PAL permit application. A PAL permit application shall be processed in accordance with one of the following:

1. As an initial Class I permit pursuant to R18-2-304.

2. As a renewal of a Class I permit pursuant to R18-2-322.

3. As a significant revision to a Class I permit pursuant to R18-2-320.

E. Setting the 10-year actuals PAL level.

1. Except as provided in subsection (E)(2), the PAL level for a major source shall be established as the sum of the baseline actual emissions of the PAL pollutant for each emissions unit at the source; plus an amount equal to the applicable significant level for the PAL pollutant. When establishing the PAL level, only one consecutive 24-month period must be used to determine the baseline actual emissions for all existing emissions units. However, a different consecutive 24-month period may be used for each different PAL pollutant. Emissions associated with units that were permanently shut down after this 24-month period must be subtracted from the PAL level. The Director shall specify a reduced PAL level(s) (in tons/yr) in the PAL permit to become effective on the future compliance date(s) of any applicable federal or state regulatory requirement(s) that the Director is aware of prior to issuance of the PAL permit. For instance, if the source owner or operator will be required to reduce emissions from industrial boilers in half from baseline emissions of 60 ppm NO_X to a new rule limit of 30 ppm, then the permit shall contain a future effective PAL level that is equal to the current PAL level reduced by half of the original baseline emissions of such unit(s).

2. For newly constructed units (which do not include modifications to existing units) on which actual construction began after the 24-month period, in lieu of adding the baseline actual emissions as specified in subsection (E)(1), the emissions must be added to the PAL level in an amount equal to the potential to emit of the units.

F. Contents of the PAL permit. The PAL permit must contain, at a minimum, the following information:

1. The PAL pollutant and the applicable source-wide emission limitation in tons per year.

2. The PAL permit effective date and the expiration date of the PAL (PAL effective period).

3. Specification in the PAL permit that if a major source owner or operator applies to renew a PAL in accordance with subsection (I) before the end of the PAL effective period, then the PAL shall not expire at the end of the PAL effective period. It shall remain in effect until a revised PAL permit is issued by the Director.

4. A requirement that emission calculations for compliance purposes must include emissions from startups, shutdowns, and malfunctions.

5. A requirement that, once the PAL expires, the major source is subject to the requirements of subsection (H).

6. The calculation procedures that the major source owner or operator shall use to convert the monitoring system data to monthly emissions and annual emissions based on a 12-month rolling total as required by subsection (L)(1).

7. A requirement that the major source owner or operator monitor all emissions units in accordance with the provisions under subsection (K).

8. A requirement to retain the records required under subsection (L) onsite. Such records may be retained in an electronic format.

9. A requirement to submit the reports required under subsection (M) by the required deadlines.

10. Any other requirements that the Director deems necessary to implement and enforce the PAL.

G. PAL effective period and reopening of the PAL permit.

1. PAL effective period. The Director shall specify a PAL effective period of 10 years.

2. Reopening of the PAL permit.

a. During the PAL effective period, the Director must reopen the PAL permit to:

i. Correct typographical/calculation errors made in setting the PAL or reflect a more accurate determination of emissions used to establish the PAL,

ii. Reduce the PAL if the owner or operator of the major source creates creditable emissions reductions for use as offsets under R18-2-404, and

iii. Revise the PAL to reflect an increase in the PAL as provided under subsection (J).

b. The Director shall have discretion to reopen the PAL permit for the following:

i. Reduce the PAL to reflect new federal applicable requirements with compliance dates after the PAL effective date;

ii. Reduce the PAL consistent with any other requirement, that is enforceable as a practical matter, and that the state may impose on the major source under the State Implementation Plan; and

iii. Reduce the PAL if the Director determines that a reduction is necessary to avoid causing or contributing to a violation of a national ambient air quality standard or a maximum increase allowed under R18-2-208, or to an adverse impact on an air quality related value that has been identified for a federal Class I area by a Federal Land Manager and for which information is available to the general public.

c. Except for the permit reopening in subsection (G)(2)(a)(i) for the correction of typographical/calculation errors that do not increase the PAL level, all other reopenings shall be carried out in accordance with the public participation requirements of subsection (D).

H. Expiration of a PAL. Any PAL that is not renewed in accordance with the procedures in subsection (I) shall expire at the end of the PAL effective period, and the following requirements shall apply.

1. Each emissions unit (or each group of emissions units) that existed under the PAL shall comply with an allowable emission limitation under a revised permit established according to the following procedures.

a. Within the time-frame specified for PAL renewals in subsection (I)(2), the major source shall submit a proposed allowable emission limitation for each emissions unit (or each group of emissions units, if such a distribution is more appropriate) by distributing the PAL allowable emissions for the major source among each of the emissions units that existed under the PAL. If the PAL had not yet been adjusted for an applicable requirement that became effective during the PAL effective period, as would be required under subsection (I)(5), such distribution shall be made as if the PAL had been adjusted.

b. The Director shall decide how the PAL allowable emissions will be distributed and issue a revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as the Director determines is appropriate.

2. Each emissions unit(s) shall comply with the allowable emission limitation on a 12-month rolling basis. The Director may approve the use of monitoring systems (source testing, emission factors, etc.) other than CEMS, CERMS, PEMS, or CPMS to demonstrate compliance with the allowable emission limitation.

3. Until the Director issues the revised permit incorporating allowable limits for each emissions unit, or each group of emissions units, as required under subsection (H)(1)(b), the source shall continue to comply with a source-wide, multi-unit emissions cap equivalent to the level of the PAL emission limitation.

4. Any physical change or change in the method of operation at the major source will be subject to the nonattainment major NSR requirements if such change meets the definition of major modification.

5. The major source owner or operator shall continue to comply with any applicable requirements that may have applied either during the PAL effective period or before the PAL effective period except for those emission limitations that had been established pursuant to R18-2-403(C) or R18-2-406(H), but were eliminated by the PAL in accordance with subsection (A)(2)(c).

I. Renewal of a PAL.

1. The Director shall follow the procedures specified in subsection (D) in approving any request to renew a PAL for a major source, and shall provide both the proposed PAL level and a written rationale for the proposed PAL level to the public for review and comment. During such public review, any person may propose a PAL level for the source for consideration by the Director.

Application deadline. A major source owner or operator shall submit a timely application to the Director to request renewal of a PAL. A timely application is one that is submitted at least six months prior to, but not earlier than 18 months from, the date of permit expiration. This deadline for application submittal is to ensure that the permit will not expire before the permit is renewed. If the owner or operator of a major source submits a complete application to renew the PAL within this time period, then the PAL shall continue to be effective until the revised permit with the renewed PAL is issued.

3. Application requirements. The application to renew a PAL permit shall contain the following information.

a. The information required in subsections (B)(1) through (3).

b. A proposed PAL level.

c. The sum of the potential to emit of all emissions units under the PAL (with supporting documentation).

d. Any other information the owner or operator wishes the Director to consider in determining the appropriate level for renewing the PAL.

4. PAL adjustment. In determining whether and how to adjust the PAL, the Director shall consider the options outlined in subsections (I)(4)(a) and (b). However, in no case may any such adjustment fail to comply with subsection (I)(4)(c).

a. If the emissions level calculated in accordance with subsection (E) is equal to or greater than 80% of the PAL level, the Director may renew the PAL at the same level without considering the factors set forth in subsection (I)(4)(b); or

b. The Director may set the PAL at a level that the Director determines to be more representative of the source's baseline actual emissions, or that the Director determines to be more appropriate considering air quality needs, advances in control technology, anticipated economic growth in the area, desire to reward or encourage the source's voluntary emissions reductions, or other factors as specifically identified by the Director in the Director's written rationale.

c. Notwithstanding subsections (I)(4)(a) and (b):

i. If the potential to emit of the major source is less than the PAL, the Director shall adjust the PAL to a level no greater than the potential to emit of the source; and

ii. The Director shall not approve a renewed PAL level higher than the current PAL, unless the PAL has been increased in accordance with subsection (J).

5. If the compliance date for an applicable requirement that applies to the PAL source occurs during the PAL effective period, and if the Director has not already adjusted for such requirement, the PAL shall be adjusted at the time of PAL permit renewal or renewal of the source's Class I permit, whichever occurs first.

J. Increasing a PAL during the PAL effective period.

1. The Director may increase a PAL emission limitation only if the following requirements are met:

a. The owner or operator of the major source shall submit a complete application to request an increase in the PAL limit for a PAL major modification. Such application shall identify the emissions unit(s) contributing to the increase in emissions so as to cause the major source's emissions to equal or exceed its PAL.

b. As part of this application, the major source owner or operator shall demonstrate that the sum of the baseline actual emissions of the small emissions units, plus the sum of the baseline actual emissions of the significant and major emissions units assuming application of BACT or LAER equivalent controls, plus the sum of the PAL allowable emissions of the new or modified emissions unit(s) exceeds the PAL. The level of control that would result from BACT or LAER equivalent controls on each significant or major emissions unit shall be determined by conducting a new BACT or LAER analysis at the time the application is submitted, as applicable for the particular PAL pollutant, unless the emissions unit is currently required to comply with a BACT or LAER requirement that was established within the preceding 10 years. In such a case, the assumed control level for that emissions unit shall be equal to the level of BACT or LAER with which that emissions unit must currently comply.

c. The owner or operator obtains a major NSR permit for all emissions unit(s) identified in subsection (J)(1)(a), regardless of the magnitude of the emissions increase resulting from them (that is, no significant levels apply). These emissions unit(s) shall comply with any emissions requirements resulting from the major NSR process (for example, BACT), even though they have also become subject to the PAL or continue to be subject to the PAL.

d. The PAL permit shall require that the increased PAL level shall be effective on the day any emissions unit that is part of the PAL major modification becomes operational and begins to emit the PAL pollutant.

2. The Director shall calculate the new PAL level as the sum of the PAL allowable emissions for each modified or new emissions unit, plus the sum of the baseline actual emissions of the significant and major emissions units (assuming application of BACT or LAER equivalent controls as determined in accordance with subsection (J)(1)(b), plus the sum of the baseline actual emissions of the small emissions units.

3. The PAL permit shall be revised to reflect the increased PAL level pursuant to the public notice requirements of subsection (D).

K. Monitoring requirements for PALs.

1. General requirements.

a. Each PAL permit must contain enforceable requirements for the monitoring system that accurately determines plantwide emissions of the PAL pollutant in terms of mass per unit of time. Any monitoring system authorized for use in the PAL permit must be based on sound science and meet generally acceptable scientific procedures for data quality and manipulation. Additionally, the information generated by such system must meet minimum legal requirements for admissibility in a judicial proceeding to enforce the PAL permit.

b. The PAL monitoring system must employ one or more of the four general monitoring approaches meeting the minimum requirements set forth in subsections (K)(2)(a) through (d) and must be approved by the Director.

c. Notwithstanding subsection (K)(1)(b), the owner or operator may also employ an alternative monitoring approach if approved by the Director as meeting the requirements of subsection (K)(1)(a).

d. Failure to use a monitoring system that meets the requirements of this Section renders the PAL invalid.

2. Minimum performance requirements for approved monitoring approaches. The following are acceptable general monitoring approaches when conducted in accordance with the minimum requirements in subsections (K)(3) through (9):

a. Mass balance calculations for activities using coatings or solvents,

b. CEMS,

c. CPMS or PEMS, and

d. Emission factors.

3. Mass balance calculations. An owner or operator using mass balance calculations to monitor PAL pollutant emissions from activities using coating or solvents shall meet the following requirements:

a. Provide a demonstrated means of validating the published content of the PAL pollutant that is contained in or created by all materials used in or at the emissions unit;

b. Assume that the emissions unit emits all of the PAL pollutant that is contained in or created by any raw material or fuel used in or at the emissions unit, if it cannot otherwise be accounted for in the process; and

c. Where the vendor of a material or fuel, which is used in or at the emissions unit, publishes a range of pollutant content from such material, the owner or operator must use the highest value of the range to calculate the PAL pollutant emissions unless the Director determines there is site-specific data or a site-specific monitoring program to support another content within the range.

4. CEMS. An owner or operator using CEMS to monitor PAL pollutant emissions shall meet the following requirements:

a. CEMS must comply with applicable Performance Specifications found in 40 CFR 60, Appendix B; and

b. CEMS must sample, analyze and record data at least every 15 minutes while the emissions unit is operating.

5. CPMS or PEMS. An owner or operator using CPMS or PEMS to monitor PAL pollutant emissions shall meet the following requirements:

a. The CPMS or the PEMS must be based on current site-specific data demonstrating a correlation between the monitored parameter(s) and the PAL pollutant emissions across the range of operation of the emissions unit; and

b. Each CPMS or PEMS must sample, analyze, and record data at least every 15 minutes, or at another less frequent interval approved by the Director, while the emissions unit is operating.

6. Emission factors. An owner or operator using emission factors to monitor PAL pollutant emissions shall meet the following requirements:

a. All emission factors shall be adjusted, if appropriate, to account for the degree of uncertainty or limitations in the factors' development;

b. The emissions unit shall operate within the designated range of use for the emission factor, if applicable; and

c. If technically practicable, the owner or operator of a significant emissions unit that relies on an emission factor to calculate PAL pollutant emissions shall conduct validation testing to determine a site-specific emission factor within six months of PAL permit issuance, unless the Director determines that testing is not required.

7. A source owner or operator must record and report maximum potential emissions without considering enforceable emission limitations or operational restrictions for an emissions unit during any period of time that there is no monitoring data, unless another method for determining emissions during such periods is specified in the PAL permit.

Notwithstanding the requirements in subsections (K)(3) through (7), where an owner or operator of an emissions unit cannot demonstrate a correlation between the monitored parameter(s) and the PAL pollutant emissions rate at all operating points of the emissions unit, the Director shall, at the time of permit issuance:

a. Establish default value(s) for determining compliance with the PAL based on the highest potential emissions reasonably estimated at such operating point(s), or

b. Determine that operation of the emissions unit during operating conditions when there is no correlation between monitored parameter(s) and the PAL pollutant emissions is a violation of the PAL.

9. Re-validation. All data used to establish the PAL pollutant must be re-validated through performance testing or other scientifically valid means approved by the Director. Such testing must occur at least once every five years after issuance of the PAL.

L. Recordkeeping requirements.

1. The PAL permit shall require an owner or operator to retain a copy of all records necessary to determine compliance with any requirement of this Section and with the PAL, including a determination of each emissions unit's 12-month rolling total emissions, for five years from the date of such record.

2. The PAL permit shall require an owner or operator to retain a copy of the following records for the duration of the PAL effective period plus five years:

a. A copy of the PAL permit application and any applications for revisions to the PAL, and

b. Each annual certification of compliance pursuant to R18-2-309(2) and the data relied on in certifying compliance.

M. Reporting and notification requirements. The owner or operator shall submit semi-annual monitoring reports and prompt deviation reports to the Director in accordance with R18-2-306(A)(5) . The reports shall meet the following requirements:

1. Semi-annual report. The semi-annual report shall be submitted to the Director within 30 days of the end of each reporting period. This report shall contain the following information:

a. The identification of owner and operator and the permit number.

b. Total annual emissions (tons/year) based on a 12-month rolling total for each month in the reporting period recorded pursuant to subsection (L)(1).

c. All data relied upon, including, but not limited to, any Quality Assurance or Quality Control data, in calculating the monthly and annual PAL pollutant emissions.

d. A list of any emissions units modified or added to the major source during the preceding six-month period.

e. The number, duration, and cause of any deviations or monitoring malfunctions (other than the time associated with zero and span calibration checks), and any corrective action taken.

f. A notification of a shutdown of any monitoring system, whether the shutdown was permanent or temporary, the reason for the shutdown, the anticipated date that the monitoring system will be fully operational or replaced with another monitoring system, and whether the emissions unit monitored by the monitoring system continued to operate, and the calculation of the emissions of the pollutant or the number determined by method included in the permit, as provided by subsection (K)(7).

g. A certification by the responsible official consistent with R18-2-304(I).

2. Deviation report. The major source owner or operator shall promptly submit reports of any deviations or exceedance of the PAL permit requirements, including periods where no monitoring is available, in accordance with R18-2-306(A)(5) . The reports shall contain the following information:

a. The identification of owner and operator and the permit number,

b. The PAL permit requirement that experienced the deviation or that was exceeded,

c. Emissions resulting from the deviation or the exceedance, and

d. A certification by the responsible official consistent with R18-2-304(I).

3. Re-validation results. The owner or operator shall submit to the Director the results of any re-validation test or method within three months after completion of such test or method.

History

• New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Article 5 GENERAL PERMITS

Ariz. Admin. Code § R18-2-501 Applicability

A. The Director may issue general permits for a facility class that contains 10 or more facilities that are similar in nature, have substantially similar emissions, and would be subject to the same or substantially similar requirements governing operations, emissions, monitoring, reporting, or recordkeeping. "Similar in nature" refers to facility size, processes, and operating conditions.

B. The Director may issue general permits, in accordance with subsection (A), with emission limitations, controls, or other requirements that meet the requirements of R18-2-306.01 . A source that seeks to vary from such a general permit, and obtain an emission limitation, control, or other requirement not contained in that general permit, shall apply for a permit pursuant to Article 3 of this Chapter.

C. General permits shall not be issued for affected sources except as provided in regulations promulgated by the Administrator under Title IV of the Act.

D. Unless otherwise stated, the provisions of Article 3 shall apply to general permits.

History

• Former Section R18-2-501 renumbered to R18-2-502, new Section R18-2-501 adopted effective September 26, 1990 (Supp. 90-3). Former Section R18-2-501 renumbered to R18-2-701; new Section adopted effective November 15, 1993 (Supp. 93-4). Amended effective August 1, 1995 (Supp. 95-3).

Ariz. Admin. Code § R18-2-502 General Permit Development

A. The Director may issue a general permit on the Director's own initiative or in response to a petition.

B. Any person may submit a petition to the Director requesting the issuance of a general permit for a defined class of facilities. The petition shall propose a particular class of facilities, and list the approximate number of facilities in the proposed class along with their size, processes, and operating conditions, and demonstrate how the class meets the criteria for a general permit as specified in R18-2-501 and A.R.S. § 49-426(H). The Director shall provide a written response to the petition within 120 days of receipt.

C. General permits shall be issued for classes of facilities using the same engineering principles that applies to permits for individual sources and following the public notice requirements of R18-2-504.

D. General permits shall include all of the following:

1. All elements required by R18-2-306(A) except R18-2-306(A)(2)(b) and (6).

2. The process for individual sources to apply for coverage under the general permit.

E. General permits may include conditions imposed under R18-2-515.

History

• Former Section R9-3-501 repealed, new Section R9-3-501 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (D) effective June 19, 1981 (Supp. 81-3). Amended subsections (C) and (D) effective February 2, 1982 (Supp. 82-1). Amended subsection (D) effective May 25, 1982 (Supp. 82-3). Former Section R9-3-501 renumbered without change as Section R18-2-501 (Supp. 87-3). Former Section R18-2-502 repealed, new Section R18-2-502 renumbered from R18-2-501 and amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-502 renumbered to R18-2-702; new Section R18-2-502 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-503 Application for Coverage under General Permit

A. Once the Director has issued a general permit, any source which is a member of the class of facilities covered by the general permit may apply to the Director for authority to operate under the general permit. At the time the Director issues a general permit, the Director may also establish a specific application form with filing instructions for sources in the category covered by the general permit. Applicants shall complete the specific application form or, if a specific form has not been adopted, the standard application form provided under R18-2-304(B) . The specific application form shall, at a minimum, require the applicant to submit the following information:

Information identifying and describing the source, its processes, and operating conditions in sufficient detail to allow the Director to determine qualification for, and to assure compliance with, the general permit.

2. A compliance plan that meets the requirements of R18-2-514.

B. For sources required to obtain a permit under Title V of the Act, the Director shall provide the Administrator with a permit application summary form and any relevant portion of the permit application and compliance plan. To the extent possible, this information shall be provided in computer-readable format compatible with the Administrator's national database management system.

C. The Director shall act on the application for coverage under a general permit as expeditiously as possible. The source may operate under the terms of the applicable general permit during that time. The Director may defer acting on an application under this subsection (if) the Director has provided notice of intent to renew or not renew the permit.

D. The Director shall deny an application for coverage from any Class I source that is subject to case-by-case standards or requirements.

E. Upon notification from the Director of the availability of a web portal to apply for and obtain a general permit, an applicant shall file all applications and conduct all transactions related to the general permit through the portal.

History

• Former Section R9-3-503 repealed, new Section R9-3-503 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (C), paragraph (6) effective June 19, 1981 (Supp. 81-3). Amended subsection (C) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-503 renumbered without change as Section R18-2-503 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-503 renumbered to R18-2-703; new Section R18-2-503 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-504 Public Notice

A. This Section applies to issuance, revision, or renewal of a general permit.

B. The Director shall provide public notice for any proposed new general permit, for any revision of an existing general permit, and for renewal of an existing general permit.

C. The Director shall publish notice of the proposed general permit once each week for two consecutive weeks in a newspaper of general circulation in each county and shall provide at least 30 days from the date of the first notice for public comment. The notice shall describe the following:

1. The proposed permit;

2. The category of sources that would be affected;

3. The air contaminants which the Director expects to be emitted by a typical facility in the class and the class as a whole;

4. The Director's proposed actions and effective date for the actions;

5. Locations where documents relevant to the proposed permit will be available during normal business hours;

6. The name, address, and telephone number of a person within the Department who may be contacted for further information;

7. The address where any person may submit comments or request a public hearing and the date and time by which comments or a public hearing request are required to be received;

8. The process by which sources may obtain authorization to operate under the general permit.

D. A copy of the notice required by subsection (C), shall be sent to the Administrator through the appropriate regional office, and to all other state and local air pollution control agencies in the state. The notice shall also be sent to any other agency in the state having responsibility for implementing the procedures required under 40 CFR 51, I. For general permits under which operation may be authorized in lieu of Class I permits, the Director shall provide the proposed final permit to the Administrator after public and affected state review. No Class I permit shall be issued if the Administrator properly objects to its issuance in writing within 45 days from receipt of the proposed final permit and any necessary supporting information from the Director.

E. By no later than the date notice is first published under subsection (A), the Department shall make copies of the following materials available at a public location in each county and at each Department office:

1. The proposed general permit;

2. The Department's analysis in support of the grant of the general permit;

All other materials available to the Director that are relevant to the permit decision.

E F. Written comments to the Director shall include the name of the person and the person's agent or attorney and shall clearly set forth reasons why the general permit should or should not be issued pursuant to the criteria for issuance in A.R.S. §§ 49-426 and 49-427 and this Chapter.

F G. At the time a general permit is issued, the Director shall make available a response to all relevant comments on the proposed permit raised during the public comment period and during any requested public hearing. The response shall specify which provisions, if any, of the proposed permit have been changed and the reason for the changes. The Director shall also notify in writing any petitioner and each person who has submitted written comments on the proposed general permit or requested notice of the final permit decision.

History

• Former Section R9-3-504 repealed, new Section R9-3-504 adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-504 renumbered without change as Section R18-2-504 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-504 renumbered to R18-2-704; new Section R18-2-504 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-505 General Permit Renewal

A. The Director shall review and may renew general permits every five years. A source's authorization to operate under a general permit shall coincide with the term of the general permit regardless of when the authorization began during the five-year period, except as provided in R18-2-510(C) . In addition to the public notice required to issue a proposed permit under R18-2-504, the Director shall notify in writing all sources who have been granted, or who have applications pending for, authorization to operate under the permit. The written notice shall describe the source's duty to reapply and may include requests for information required under the proposed permit.

B. At the time a general permit is renewed, the Director shall notify in writing all sources who were granted coverage under the previous permit and shall require them to submit a timely renewal application. For purposes of general permits, a timely application is one that is submitted within the time-frame specified by the Director in the written notification. Until such time that a timely application is submitted, the source shall continue to comply with the previously issued general permit coverage. Upon submittal of a timely application, the source shall comply with the renewed permit. Failure to submit a timely application terminates the source's right to operate.12

History

• Former Section R9-3-1007 renumbered effective January 13, 1976 (Supp. 76-1). Former Section R9-3-505 repealed, new Section R9-3-505 adopted effective May 14, 1979 (Supp. 79-1). Editorial corrections, subsection (B), paragraph (5), and subsection (D), paragraph (1), subparagraph (d) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended subsection (B) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-505 renumbered without change as Section R18-2-505 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-505 renumbered to R18-2-705; new Section R18-2-505 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-506 Relationship to Individual Permits

Any source covered under a general permit may request to be excluded from coverage by applying for an individual source permit. Coverage under the general permit shall terminate on the date the individual permit is issued.

History

• Former Section R9-3-1008 renumbered effective January 13, 1976 (Supp. 76-1). Former Section R9-3-506 repealed, new Section R9-3-506 adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (C), paragraph (1) effective June 19, 1981 (Supp. 81-3). Former Section R9-3-506 renumbered without change as Section R18-2-506 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-506 renumbered to R18-2-706; new Section R18-2-506 adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-507 [Repealed]

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-507 renumbered without change as Section R18-2-507 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-507 renumbered to R18-2-707; new Section R18-2-507 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Repealed by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-508 [Repealed]

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (B) effective May 28, 1982 (Supp. 82-3). Amended subsection (B) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-508 renumbered without change as Section R18-2-508 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-508 renumbered to R18-2-708; new Section R18-2-508 adopted effective November 15, 1993 (Supp. 93-4). Repealed by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-509 General Permit Appeals

Any person who filed a comment on a proposed general permit as provided in R18-2-504 may appeal the terms and conditions of the general permit, as they apply to the facility class covered under a general permit, by filing an appeal with the Office of Administrative Hearings within 30 days after receipt of notice that the general permit has been issued.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-509 renumbered without change as Section R18-2-509 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-509 renumbered to R18-2-709; new Section R18-2-509 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 4698, effective February 3, 2007 (Supp. 06-4).

Ariz. Admin. Code § R18-2-510 Terminations of General Permits and Revocations of Authority to Operate under a General Permit

A. The Director may terminate a general permit at any time if:

1. The Director has determined that the emissions from the sources in the facility class cause or contribute to ambient air quality standard violations which are not adequately addressed by the requirements in the general permit, or

2. The Director has determined that the terms and conditions of the general permit no longer meet the requirements of A.R.S. §§ 49-426 and 49-427.

B. The Director shall provide written notice to all sources operating under a general permit prior to termination of a general permit. Such notice shall include an explanation of the basis for the proposed action. Within 180 days of receipt of the notice of the expiration, termination or cancellation of any general permit, sources notified shall submit an application to the Director for an individual permit.

C. The Director may require a source authorized to operate under a general permit to apply for and obtain an individual source permit at any time if the source is not in compliance with the terms and conditions of the general permit.

D. If the Director revokes a source's authority to operate under a general permit pursuant to subsection (C), the Director shall notify the permittee by certified mail, return receipt requested. The notice shall include a statement detailing the grounds for the revocation of authority and a statement that the permittee is entitled to a hearing. A source previously authorized to operate under a general permit may operate under the terms of the general permit until the earlier of the date it submits a complete application for an individual permit, at which time it may operate under that application, or 180 days after receipt of the notice of revocation of authority to operate under the general permit.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsections (E)(3) and (E)(4) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-510 renumbered without change as Section R18-2-510 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-510 renumbered to R18-2-710; new Section R18-2-510 adopted effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-511 Fees Related to General Permits

A. Permit Processing Fee. The owner or operator of a source that applies for authority to operate under a general permit shall pay to the Director $500 with the submittal of each application. This fee applies to the owner or operator of any source who intends to continue operating under the authority of a general permit that has been proposed for renewal. This fee also applies to requests for new Authorizations to Operate (ATOs) for new equipment.

B. Administrative or Inspection Fee. The owner or operator of a source required to have a general permit, that has undergone initial startup by January 1, shall pay, for each calendar year, the applicable administrative or inspection fee from the table below, by February 1 or 60 days after the Director mails the invoice, whichever is later.

| General Permit Source Category | Administrative Fee | | --- | --- | | Class I Title V General Permits | Administrative fee for category from R18-2-326(C) | | Class II Title V Small Source | $750 | | Other Class II Title V General Permits | $4,520 | | | Inspection Fee | | Class II Non-Title V Crematories | $1,500 | | Other Class II Non-Title V General Permits | $3,020 |

History

• Former Section R18-2-511 renumbered to R18-2-711; new Section R18-2-511 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 5670, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 10 A.A.R. 4767, effective November 4, 2004 (Supp. 04-4). Amended by final rulemaking at 13 A.A.R. 4379, effective December 4, 2007 (Supp. 07-4).

Ariz. Admin. Code § R18-2-512 Changes to Facilities Granted Coverage under General Permits

A. This Section applies to changes made at a facility that has been granted coverage under a general permit.

B. Facility Changes that Require New Authorization to Operate. The following changes at a source that has been granted coverage under a general permit shall be made only after the source requests new authorization to operate from the Director:

1. Adding new emissions units that require new authorization to operate,

Installing replacement emissions units that require authorization to operate.

C. Facility Changes that Do Not Require Authorization to Operate. The following changes at a source that has been granted coverage under a general permit shall be made only after the source provides notification to the Department:

1. Adding new emissions units that do not require authorization to operate,

2. Installing a replacement emissions unit with a higher capacity that does not require authorization to operate,

3. Adding or replacing air pollution control equipment.

D. A source that has been granted coverage under a general permit shall keep a record of any physical change or change in the method of operation that could affect emissions. The record shall include a description of the change and the date the change occurred.

E. For sources that submit a request or notification under subsection (B) or (C), the applicant shall provide information identifying and describing the source, its processes, and operating conditions in sufficient detail to allow the Director to determine continued qualification for, and to assure compliance with, the general permit. The Director shall act on a request for new authority to operate under a general permit as expeditiously as possible. The source may operate under the terms of the applicable general permit during that time.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-512 renumbered without change as Section R18-2-512 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-712 effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-513 Portable Sources Covered under a General Permit

A. This Section applies to sources that have been granted coverage under a general permit that allows for the operation of a source at more than one location.

B. General permits developed by the Director for portable sources shall contain conditions that assure compliance with all applicable requirements at all authorized locations.

C. Owners and operators that hold multiple coverages under the same general permit:

Shall have separate coverage under the general permit for each location at which each portable source operates.

2. Until the Director notifies permittees of the availability of a web portal under R18-2-503(E), may move equipment between portable sources without obtaining a new authorization to operate. At no time shall an owner or operator move equipment to a portable source if the move would cause emissions from the portable source to exceed emission limitations in the general permit. Equipment from a portable source covered by one general permit shall not be moved to a portable source covered by a different general permit, unless the owner or operator obtains a new authorization to operate under the general permit covering the new location.

3. After the Director notifies permittees of the availability of a web portal under R18-2-503(E), must use the portal to obtain authorizations to operate for each location at which the equipment will operate.

D. Owners and operators that operate multiple portable sources under a general permit shall have an equivalent number of coverages under a general permit as the number of locations at which each portable source operates.

E D. A portable source that will operate for the duration of its permit solely in one county that has established a local air pollution control program pursuant to A.R.S. § 49-479 shall obtain a permit from that county. A portable source with a county permit shall not operate in any other county. A portable source that has been granted coverage under a general permit that subsequently obtains a county permit shall request that the Director terminate the coverage under the general permit. Upon issuance of the county permit, the coverage under the general permit issued by the Director is no longer valid.

FE. A portable source which has a county permit but proposes to operate outside that county may obtain coverage under a general permit from the Director. A portable source that has a permit issued by a county and obtains coverage under a general permit issued by the Director shall request that the county terminate the permit. Upon issuance of coverage under a general permit by the Director, the county permit is no longer valid. Before commencing operation in the new county, the source shall notify the Director and the control officer who has jurisdiction in the county that includes the new location according to subsection (F).

G F. A portable source granted coverage under a general permit may be transferred from one location to another provided that the owner or operator of the portable source notifies the Director and any control officer who has jurisdiction over the geographic area that includes the new location of the transfer prior to the transfer. The notification required under this subsection (shall) include:

1. A description of the equipment to be transferred including the permit number and as appropriate the Authorization-to-Operate number for each piece of equipment;

2. A description of the present location;

3. A description of the new location;

4. The date on which the equipment is to be moved;

5. The date on which operation of the equipment will begin at the new location;

6. A complete list of all equipment requiring authorization to operate that may be located at the new location; and

7. Revised emissions calculations demonstrating that the equipment at the new location continues to qualify for the general permit under which the portable source has coverage.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (2) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-513 renumbered without change as Section R18-2-513 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-713 effective November 15, 1993 (Supp. 93-4). New Section made by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-514 General Permit Compliance Certification

A. A compliance certification submitted by the owner or operator of a stationary source covered by a general permit shall be on a form provided by the Director and shall include the following information:

1. The source's name, mailing address, contact person and contact person phone number, permit number, compliance reporting period, and physical address and location, if different than the mailing address.

2. A certification of truth, accuracy, and completeness signed by the facility's responsible officer.

3. Process information for the source, including design capacity, operations schedule, hours of operation, and total production.

4. Method of documenting compliance and the status of compliance with all recordkeeping, reporting, monitoring, and testing requirements and all emission limitations and standards imposed in the permit.

B. Upon notification from the Director of the availability of a web portal to complete and submit a compliance certification, the owner or operator shall complete and submit all compliance certifications through the portal.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-514 renumbered without change as Section R18-2-514 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-714 effective November 14, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-515 Minor NSR in General Permits

A. A general permit may include emission standards designed to assure that a stationary source covered by the permit will comply with minor new source review under R18-2-334(C) . The emission standards may consist of any combination of the following:

1. Limits designed to assure that emissions from a stationary source that is a member of the class of facilities covered by the permit will not interfere with attainment or maintenance of a NAAQS.

2. Limits imposing reasonably available control technology.

B. Except as provided in subsection (C), if a general permit includes emission standards under subsection (A), then any stationary source that is a member of the class of facilities covered by the permit or any minor NSR modification to such a source may comply with R18-2-334 by obtaining coverage under the permit.

C. An owner or operator seeking coverage under a general permit in order to obtain authorization to construct or make a minor NSR modification to a stationary source shall instead apply for an individual permit, if the Department determines there is reason to believe the source or modification could interfere with attainment or maintenance of any national ambient air quality standard. In making this determination, the Department:

1. Shall consider the factors in R18-2-334(E)(1) to (6).

2. Shall consider whether the dispersion characteristics of the source are likely to result in higher ambient concentrations of a conventional pollutant than the modeling assumptions used to establish an emission standard under subsection (A)(1).

3. May apply a screening model to the source's emissions.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Section R9-3-515 will be repealed and new Section R9-3-515 adopted effective following the adoption of Article 7. Nonferrous Smelter Orders, filed September 18, 1979 for public hearing (Supp. 79-5). Section R9-3-515 adopted effective May 14, 1979, amended effective October 2, 1979 (Supp. 79-5). Article 7. Nonferrous Smelter Orders adopted effective January 8, 1980. Section R9-3-515 filed September 18, 1979 for public hearing and effective following the adoption of Article 7 now amended and effective January 8, 1980 (Supp. 80-1). Amended as an emergency effective March 6, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-2). Emergency adoption effective March 6, 1980 now adopted and amended effective July 9, 1980. Amended subsection (C), paragraph (1) effective August 29, 1980 (Supp. 80-4). Amended as an emergency effective October 9, 1980, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 80-5). Former emergency adoption effective October 9, 1980, now adopted and amended effective June 19, 1981 (Supp. 81-3). Amended subsection (B), paragraph (1) effective February 2, 1982 (Supp. 82-1). Amended effective May 25, 1982 (Supp. 82-3). Amended subsections ((C)(3) and (C)(5) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-515 renumbered without change as Section R18-2-515 (Supp. 87-3). Section amended and subsections (C)(1)(h) through (C)(7) renumbered to R18-2-515.01 and subsections (C)(8) through (C)(9) renumbered to R18-2-515.02 effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-715 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017.

Ariz. Admin. Code § R18-2-515.01 Renumbered

History

• Section R18-2-515.01 renumbered from R18-2-515(C)(1)(h) through (C)(7) and amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-715.01 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-515.02 Renumbered

History

• R18-2-515.02 renumbered from R18-2-515(C)(8) through (C)(9) and amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-715.02 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-516 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4) Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-4). Former Section R9-3-516 renumbered without change as Section R18-2-516 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-716 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-517 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (C), paragraph (1) (Supp. 80-1). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-517 renumbered without change as Section R18-2-517 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-2). Renumbered to R18-2-717 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-518 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended effective September 22, 1983 (Supp. 83-4). Former Section R9-3-518 renumbered without change as Section R18-2-518 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-718 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-519 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Editorial correction, subsection (A), paragraph (1) (Supp. 80-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-519 renumbered without change as Section R18-2-519 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-719 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-520 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Editorial correction, subsection (A), paragraph (1) (Supp. 80-2). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-520 renumbered without change as Section R18-2-520 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-720 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-521 Renumbered

History

• Adopted effective May 14, 1979 (Supp 79-1). Amended effective October 2, 1979 (Supp. 79-5). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-521 renumbered without change as Section R18-2-521 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-721 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-522 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective May 28, 1982 (Supp. 82-3). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-522 renumbered without change as Section R18-2-522 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-722 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-523 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-523 renumbered without change as Section R18-2-523 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-2). Renumbered to R18-2-723 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-524 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Amended subsection (A) effective September 22, 1983 (Supp. 83-5). Former Section R9-3-524 renumbered without change as Section R18-2-524 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-724 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-525 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Editorial correction, subsection (B) (Supp. 79-6). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-525 renumbered without change as Section R18-2-525 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-725 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-526 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-526 renumbered without change as Section R18-2-526 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-726 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-527 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-527 renumbered without change as Section R18-2-527 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-727 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-528 Renumbered

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective July 9, 1980 (Supp. 80-4). Former Section R9-3-528 renumbered without change as Section R18-2-528 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-728 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-529 Renumbered

History

• Adopted effective September 22, 1983 (Supp. 83-5). Former Section R9-3-529 renumbered without change as Section R18-2-529 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-729 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-530 Renumbered

History

• Adopted effective September 26, 1990 (Supp. 90-3). Renumbered to R18-2-730 effective November 15, 1993 (Supp. 93-4).

Article 6 EMISSIONS FROM EXISTING AND NEW NONPOINT SOURCES

Ariz. Admin. Code § R18-2-601 General

For purposes of this Article, any source of air contaminants which due to lack of an identifiable emission point or plume cannot be considered a point source, shall be classified as a nonpoint source. In applying this criteria, such items as air curtain incinerators, heater-planners, and conveyor transfer points shall be considered to have identifiable plumes. Any affected facility subject to regulation under Article 7 of this Chapter or Title 18, Chapter 2, Article 9, shall not be subject to regulation under this Article.

History

• Former Section R9-3-601 repealed, new Section R9-3-601 adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-601 renumbered without change as Section R18-2-601 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-601 renumbered to R18-2-801, new Section R18-2-601 renumbered from R18-2-401 and amended effective November 15, 1993 (Supp. 93-4). Section updated to reflect corrected citation reference (Supp. 08-1). Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-602 Unlawful Open Burning

A. In addition to the definitions contained in A.R.S. § 49-501, in this Section:

1. "Agricultural burning" means burning vegetative materials related to producing and harvesting crops and raising animals for the purpose of marketing for profit, or providing a livelihood, but does not include burning of household waste or prohibited materials. A person may conduct agricultural burns in fields, piles, ditch banks, fence rows, or canal laterals for purposes such as weed control, waste disposal, disease and pest prevention, or site preparation.

2. "Approved waste burner" means an incinerator constructed of fire resistant material with a cover or screen that is closed when in use, and has openings in the sides or top no greater than 1 inch in diameter.

3. "Class I Area" means any one of the Arizona mandatory federal Class I areas defined in A.R.S. § 49-401.01.

4. "Construction burning" means burning wood or vegetative material from land clearing, site preparation, or fabrication, erection, installation, demolition, or modification of any buildings or other land improvements, but does not include burning household waste or prohibited material.

5. "Dangerous material" means any substance or combination of substances that is capable of causing bodily harm or property loss unless neutralized, consumed, or otherwise disposed of in a controlled and safe manner.

6. "Delegated authority" means any of the following:

a. A county, city, town, air pollution control district, or fire district that has been delegated authority to issue open burning permits by the Director under A.R.S. § 49-501(E); or

b. A private fire protection service provider that has been assigned authority to issue open burning permits by one of the authorities in subsection (A)(6)(a).

7. "Director" means the Director of the Department of Environmental Quality, or designee.

8. "Emission reduction techniques" means methods for controlling emissions from open outdoor fires to minimize the amount of emissions output per unit of area burned.

9. "Flue," as used in this Section, means any duct or passage for air or combustion gases, such as a stack or chimney.

10. "Household waste" means any solid waste including garbage, rubbish, and sanitary waste from a septic tank that is generated from households including single and multiple family residences, hotels and motels, bunkhouses, ranger stations, crew quarters, campgrounds, picnic grounds, and day-use recreation areas, but does not include construction debris, landscaping rubble, or demolition debris.

11. "Independent authority to permit fires" means the authority of a county to permit fires by a rule adopted under Arizona Revised Statutes, Title 49, Chapter 3, Article 3, and includes only Maricopa, Pima, and Pinal counties.

12. "Open outdoor fire or open burning" means the combustion of material of any type, outdoors and in the open, where the products of combustion are not directed through a flue. Open outdoor fires include agricultural, residential, prescribed, and construction burning, and fires using air curtain incinerators.

13. "Prohibited materials" means nonpaper garbage from the processing, storage, service, or consumption of food; chemically treated wood; lead-painted wood; linoleum flooring, and composite counter-tops; tires; explosives or ammunition; oleanders; asphalt shingles; tar paper; plastic and rubber products, including bottles for household chemicals; plastic grocery and retail bags; waste petroleum products, such as waste crankcase oil, transmission oil, and oil filters; transformer oils; asbestos; batteries; anti-freeze; aerosol spray cans; electrical wire insulation; thermal insulation; polyester products; hazardous waste products such as paints, pesticides, cleaners and solvents, stains and varnishes, and other flammable liquids; plastic pesticide bags and containers; and hazardous material containers including those that contained lead, cadmium, mercury, or arsenic compounds.

14. "Residential burning" means open burning of vegetative materials conducted by or for the occupants of residential dwellings, but does not include burning household waste or prohibited material.

"Prescribed burning" has the same meaning as in R18-2-1501.

B. Unlawful open burning. Notwithstanding any other rule in this Chapter, a person shall not ignite, cause to be ignited, permit to be ignited, allow, or maintain any open outdoor fire in a county without independent authority to permit fires except as provided in A.R.S. § 49-501 and this Section.

C. Open outdoor fires exempt from a permit. The following fires do not require an open burning permit from the Director or a delegated authority:

1. Fires used only for:

a. Cooking of food,

b. Providing warmth for human beings,

c. Recreational purposes,

d. Branding of animals,

e. Orchard heaters for the purpose of frost protection in farming or nursery operations, and

f. The proper disposal of flags under 4 U.S.C. 1, § 8.

2. Any fire set or permitted by any public officer in the performance of official duty, if the fire is set or permission given for the following purpose:

a. Control of an active wildfire; or

b. Instruction in the method of fighting fires, except that the person setting these fires must comply with the reporting requirements of subsection (D)(3)(f).

3. Fire set by or permitted by the Director of Department of Agriculture for the purpose of disease and pest prevention in an organized, area-wide control of an epidemic or infestation affecting livestock or crops.

4. Prescribed burns set by or assisted by the federal government or any of its departments, agencies, or agents, or the state or any of its agencies, departments, or political subdivisions, regulated under Article 15 of this Chapter.

D. Open outdoor fires requiring a permit.

1. The following open outdoor fires are allowed with an open burning permit from the Director or a delegated authority:

a. Construction burning;

b. Agricultural burning;

c. Residential burning;

d. Prescribed burns conducted on private lands without the assistance of a federal or state land manager as defined under R18-2-1501;

e. Any fire set or permitted by a public officer in the performance of official duty, if the fire is set or permission given for the purpose of weed abatement, or the prevention of a fire hazard, unless the fire is exempt from the permit requirement under subsection (C)(3);

f. Open outdoor fires of dangerous material under subsection (E);

g. Open outdoor fires of household waste under subsection (F); and

h. Open outdoor fires that use an air curtain incinerator, as defined in R18-2-101.

2. A person conducting an open outdoor fire in a county without independent authority to permit fires shall obtain a permit from the Director or a delegated authority unless exempted under subsection (C). Permits may be issued for a period not to exceed one year. A person shall obtain a permit by completing an ADEQ-approved application form.

3. Open outdoor fire permits issued under this Section shall include:

a. A list of the materials that the permittee may burn under the permit;

b. A means of contacting the permittee authorized by the permit to set an open fire in the event that an order to extinguish the open outdoor fire is issued by the Director or the delegated authority;

c. A requirement that burns be conducted during the following periods, unless otherwise waived or directed by the Director on a specific day basis:

i. Year-round: ignite fire no earlier than one hour after sunrise; and

ii. Year-round: extinguish fire no later than two hours before sunset;

d. A requirement that the permittee conduct all open burning only during atmospheric conditions that:

i. Prevent dispersion of smoke into populated areas;

ii. Prevent visibility impairment on traveled roads or at airports that result in a safety hazard;

iii. Do not create a public nuisance or adversely affect public safety;

iv. Do not cause an adverse impact to visibility in a Class I area; and

v. Do not cause uncontrollable spreading of the fire;

e. A list of the types of emission reduction techniques that the permittee shall use to minimize fire emissions.;

f. A reporting requirement that the permittee shall meet by providing the following information in a format provided by the Director for each date open burning occurred, on either a daily basis on the day of the fire, or an annual basis in a report to the Director or delegated authority due on March 31 for the previous calendar year:

i. The date of each burn;

ii. The type and quantity of fuel burned for each date open burning occurred;

iii. The fire type, such as pile or pit, for each date open burning occurred; and

iv. For each date open burning occurred, the legal location, to the nearest section, or latitude and longitude, to the nearest degree minute, or street address for residential burns;

g. A requirement that the person conducting the open burn notify the local fire-fighting agency or private fire protection service provider, if the service provider is a delegated authority, before burning. If neither is in existence, the person conducting the burn shall notify the state forester.;

h. A requirement that the permittee start each open outdoor fire using items that do not cause the production of black smoke;

i. A requirement that the permittee attend the fire at all times until it is completely extinguished;

j. A requirement that the permittee provide fire extinguishing equipment on-site for the duration of the burn;

k. A requirement that the permittee ensure that a burning pit, burning pile, or approved waste burner be at least 50 feet from any structure;

l. A requirement that the permittee have a copy of the burn permit on-site during open burning;

m. A requirement that the permittee not conduct open burning when an air stagnation advisory, as issued by the National Weather Service, is in effect in the area of the burn or during periods when smoke can be expected to accumulate to the extent that it will significantly impair visibility in Class I areas;

n. A requirement that the permittee not conduct open burning when any stage air pollution episode is declared under R18-2-220;

o. A statement that the Director, or any other public officer, may order that the burn be extinguished or prohibit burning during periods of inadequate smoke dispersion, excessive visibility impairment, or extreme fire danger; and

p. A list of the activities prohibited and the criminal penalties provided under A.R.S. § 13-1706.

4. The Director or a delegated authority shall not issue an open burning permit under this Section:

a. That would allow burning prohibited materials other than under a permit for the burning of dangerous materials;

b. If the applicant has applied for a permit under this Section to burn a dangerous material which is also hazardous waste under 40 CFR 261, but does not have a permit to burn hazardous waste under 40 CFR 264, or is not an interim status facility allowed to burn hazardous waste under 40 CFR 265 ; or

c. If the burning would occur at a solid waste facility in violation of 40 CFR 258.24 and the Director has not issued a variance under A.R.S. § 49-763.01.

E. Open outdoor fires of dangerous material. A fire set for the disposal of a dangerous material is allowed by the provisions of this Section, when the material is too dangerous to store and transport, and the Director has issued a permit for the fire. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The Director shall permit fires for the disposal of dangerous materials only when no safe alternative method of disposal exists, and burning the materials does not result in the emission of hazardous or toxic substances either directly or as a product of combustion in amounts that will endanger health or safety.

F. Open outdoor fires of household waste. An open outdoor fire for the disposal of household waste is allowed by provisions of this Section when permitted in writing by the Director or a delegated authority. A permit issued under this subsection shall contain all provisions in subsection (D)(3) except for subsections (D)(3)(e) and (D)(3)(f). The permittee shall conduct open outdoor fires of household waste in an approved waste burner and shall either:

1. Burn household waste generated on-site on farms or ranches of 40 acres or more where no household waste collection or disposal service is available; or

2. Burn household waste generated on-site where no household waste collection and disposal service is available and where the nearest other dwelling unit is at least 500 feet away.

G. Permits issued by a delegated authority. The Director may delegate authority for the issuance of open burning permits to a county, city, town, air pollution control district, or fire district. A delegated authority may not issue a permit for its own open burning activity. The Director shall not delegate authority to issue permits to burn dangerous material under subsection (E). A county, city, town, air pollution control district, or fire district with delegated authority from the Director may assign that authority to one or more private fire protection service providers that perform fire protection services within the county, city, town, air pollution control district, or fire district. A private fire protection provider shall not directly or indirectly condition the issuance of open burning permits on the applicant being a customer. Permits issued under this subsection shall comply with the requirements in subsection (D)(3) and be in a format prescribed by the Director. Each delegated authority shall:

1. Maintain a copy of each permit issued for the previous five years available for inspection by the Director;

2. For each permit currently issued, have a means of contacting the person authorized by the permit to set an open fire if an order to extinguish open burning is issued; and

3. Annually submit to the Director by May 15 a record of daily burn activity, excluding household waste burn permits, on a form provided by the Director for the previous calendar year containing the information required in subsections (D)(3)(e) and (D)(3)(f).

H. The Director shall hold an annual public meeting for interested parties to review operations of the open outdoor fire program and discuss emission reduction techniques.

I. Nothing in this Section is intended to permit any practice that is a violation of any statute, ordinance, rule, or regulation.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective October 2, 1979 (Supp. 79-5). Correction, subsection (C) repealed effective October 2, 1979, not shown (Supp. 80-1). Former Section R9-3-602 renumbered without change as Section R18-2-602 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-602 renumbered to R18-2-802, new Section R18-2-602 renumbered from R18-2-401 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-603 [REPEALED]

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-603 renumbered without change as Section R18-2-603 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-603 renumbered to R18-2-803, new Section R18-2-603 renumbered from R18-2-403 effective November 15, 1993 (Supp. 93-4). Repealed effective October 8, 1996 (Supp. 96-4).

Ariz. Admin. Code § R18-2-604 Open Areas, Dry Washes, or Riverbeds

A. No person shall cause, suffer, allow, or permit a building or its appurtenances, or a building or subdivision site, or a driveway, or a parking area, or a vacant lot or sales lot, or an urban or suburban open area to be constructed, used, altered, repaired, demolished, cleared, or leveled, or the earth to be moved or excavated, without taking reasonable precautions to limit excessive amounts of particulate matter from becoming airborne. Dust and other types of air contaminants shall be kept to a minimum by good modern practices such as using an approved dust suppressant or adhesive soil stabilizer, paving, covering, landscaping, continuous wetting, detouring, barring access, or other acceptable means.

B. No person shall cause, suffer, allow, or permit a vacant lot, or an urban or suburban open area, to be driven over or used by motor vehicles, trucks, cars, cycles, bikes, or buggies, or by animals such as horses, without taking reasonable precautions to limit excessive amounts of particulates from becoming airborne. Dust shall be kept to a minimum by using an approved dust suppressant, or adhesive soil stabilizer, or by paving, or by barring access to the property, or by other acceptable means.

C. No person shall operate a motor vehicle for recreational purposes in a dry wash, riverbed or open area in such a way as to cause or contribute to visible dust emissions which then cross property lines into a residential, recreational, institutional, educational, retail sales, hotel or business premises. For purposes of this subsection "motor vehicles" shall include, but not be limited to trucks, cars, cycles, bikes, buggies and 3-wheelers. Any person who violates the provisions of this subsection shall be subject to prosecution under A.R.S. § 49-463.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-604 renumbered without change as Section R18-2-604 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-604 renumbered to R18-2-804, new Section R18-2-604 renumbered from R18-2-404 and amended effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-605 Roadways and Streets

A. No person shall cause, suffer, allow or permit the use, repair, construction or reconstruction of a roadway or alley without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne. Dust and other particulates shall be kept to a minimum by employing temporary paving, dust suppressants, wetting down, detouring or by other reasonable means.

B. No person shall cause, suffer, allow or permit transportation of materials likely to give rise to airborne dust without taking reasonable precautions, such as wetting, applying dust suppressants, or covering the load, to prevent particulate matter from becoming airborne. Earth or other material that is deposited by trucking or earth moving equipment shall be removed from paved streets by the person responsible for such deposits.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Former Section R9-3-605 renumbered without change as Section R18-2-605 (Supp. 87-3). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-605 renumbered to R18-2-805, new Section R18-2-605 renumbered from R18-2-405 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-606 Material Handling

No person shall cause, suffer, allow or permit crushing, screening, handling, transporting or conveying of materials or other operations likely to result in significant amounts of airborne dust without taking reasonable precautions, such as the use of spray bars, wetting agents, dust suppressants, covering the load, and hoods to prevent excessive amounts of particulate matter from becoming airborne.

History

• Section R18-2-606 renumbered from R18-2-406 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-607 Storage Piles

A. No person shall cause, suffer, allow, or permit organic or inorganic dust producing material to be stacked, piled, or otherwise stored without taking reasonable precautions such as chemical stabilization, wetting, or covering to prevent excessive amounts of particulate matter from becoming airborne.

B. Stacking and reclaiming machinery utilized at storage piles shall be operated at all times with a minimum fall of material and in such manner, or with the use of spray bars and wetting agents, as to prevent excessive amounts of particulate matter from becoming airborne.

History

• Section R18-2-607 renumbered from R18-2-407 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-608 Mineral Tailings

No person shall cause, suffer, allow, permit construction of, or otherwise own or operate, mineral tailing piles without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne. Reasonable precautions shall mean wetting, chemical stabilization, revegetation or such other measures as are approved by the Director.

History

• Section R18-2-608 renumbered from R18-2-408, new Section R18-2-408 adopted effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 228, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-609 Agricultural Practices

A person shall not cause, suffer, allow, or permit the performance of agricultural practices outside the Phoenix and Yuma planning areas, as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210, including tilling of land and application of fertilizers without taking reasonable precautions to prevent excessive amounts of particulate matter from becoming airborne.

History

• Section R18-2-609 renumbered from R18-2-409 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Amended by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 (Supp. 05-2).

Ariz. Admin. Code § R18-2-610 Definitions for R18-2-610.01, R18-2-610.02, and R18-2-610.03

The definitions in R18-2-101 and the following definitions apply to R18-2-610.01, R18-2-610.02, and R18-2-610.03:

1. "Access restriction" means reducing PM emissions by reducing the number of trips driven on agricultural aprons and access roads by restricting or eliminating public access to noncropland or commercial farm roads with signs or physical obstruction at locations that effectively control access to the area.

2. "Aggregate cover" means reducing PM emissions and wind erosion and stabilizing soil by applying and maintaining gravel, concrete, recycled road base, caliche, or other similar material to noncropland or commercial farm roads. The aggregate should be clean, hard and durable, and should be applied and maintained to a depth sufficient to reduce PM emissions.

3. "Area A" means the area delineated according to A.R.S. § 49-541(1).

4. "Best management practice" (BMP) means a technique verified by scientific research, that on a case-by-case basis is practical, economically feasible, and effective in reducing PM emissions from a regulated agricultural activity.

"Cessation of Night Tilling" means the discontinuation of tillage from sunset to sunrise on a day identified by the Maricopa or Pinal County Dust Control Forecast as being high risk of dust generation.

6. "Chemical irrigation" means reducing a minimum of one ground operation across a commercial farm by applying a fertilizer, pesticide, or other agricultural chemical to cropland through an irrigation system, which reduces soil disturbance and increases efficiency of application.

7. "Chips/ mulches" means reducing PM emissions and soil movement and preserving soil moisture by applying and maintaining nontoxic chemical or organic dust suppressants to a depth sufficient to reduce PM emissions. Materials shall meet all specifications required by federal, state, or local water agencies, and is not prohibited for use by any applicable regulations.

8. "Combining tractor operations" means reducing soil compaction and a minimum of one tillage or ground operation across a commercial farm by using a tractor, implement, harvester, or other farming support vehicle to perform two or more tillage, cultivation, planting, or harvesting operations at the same time. If Equipment modification is also chosen as a BMP, and uses the same practices as described in this BMP, this action is considered one BMP.

"Commercial farm" means 10 or more contiguous acres of land used for agricultural purposes within the boundary of the Maricopa PM nonattainment area and Maricopa County portion of Area A, a PM nonattainment area designated after June 1, 2009 as stated in A.R.S. § 49-457(O)(1)(f), or the Pinal County PM Nonattainment Area.

10. "Commercial farm road" means a road that is unpaved, owned by a commercial farmer, and is used exclusively to service a commercial farm.

11. "Commercial farmer" means an individual, entity, or joint operation in general control of a commercial farm.

12. "Committee" means the Governor's Agricultural Best Management Practices Committee as established by A.R.S. § 49-457.

13. "Conservation Tillage" means a tillage system that reduces a minimum of three tillage operations. This system reduces soil and water loss by planting into existing plant stubble on the field after harvest as well as managing the stubble so that it remains intact during the planting season.

14. "Cover crop" means establishing cover crops that maintain a minimum of 60 percent ground cover. Native or volunteer vegetation that meets the minimum ground cover requirement is acceptable. Compliance shall be determined by the Line Transect Test Method, NRCS National Agronomy Manual, Subpart 503.51, Estimating Crop Residue Cover, amended through February 2011 (and no future editions).

15. "Critical area planting" means reducing PM₁₀ emissions and wind erosion by planting trees, shrubs, vines, grasses, or other vegetative cover on noncropland in order to maintain at least 60 percent ground cover. Compliance shall be determined by the Line Transect Test Method, NRCS National Agronomy Manual, Subpart 503.51, Estimating Crop Residue Cover, amended through February 2011 (and no future editions).

"Cropland" means land on a commercial farm that:

a. Is within the time-frame of final harvest to plant emergence, but does not include tillage activities;

b. Has been tilled in a prior year and is suitable for crop production, but is currently fallow; or

c. Is a turn-row.

17. "Cross-wind ridges" means stabilizing soil and reducing PM emissions and wind erosion by creating soil ridges in a commercial farm by tillage or planting operations. Ridges should be at least four inches in height, and be aligned as perpendicular as possible to the prevailing wind direction.

"Dust Control Forecast" means a forecast, which shall identify a low, moderate or high risk of dust generation for the next five consecutive days and shall be issued by noon on each day the forecast is generated. When developing these forecasts, the department shall consider all of the following:

a. Projected meteorological conditions, including:

i. Wind speed and direction,

ii. Stagnation,

iii. Recent precipitation, and

iv. Potential for precipitation;

b. Existing concentrations of air pollution at the time of the forecast; and

c. Historic air pollution concentrations that have been observed during meteorological conditions similar to those that are predicted to occur in the forecast.

19. "Equipment modification" means reducing PM emissions and soil erosion during tillage or ground operations by modifying and maintaining an existing piece of agricultural equipment, installing shielding equipment, modifying land planting and land leveling, matching the equipment to row spacing, or grafting to new varieties or technological improvements. If combining tractor operations is also chosen as a BMP, and uses the same practices as described in this BMP, this action is considered one BMP.

20. "Fallow Field" means an area of land that is routinely cultivated, planted and harvested and is unplanted for one or more growing seasons or planting cycles, but is intended to be placed back in agricultural production.

21. "Field Capacity" means the amount of water remaining in the soil two days after having been saturated and after free drainage has ceased.

22. "Forage Crop" means a product grown for consumption by any domestic animal.

23. "Genetically Modified" (GMO) means a living organism whose genetic material has been altered, changing one or more of its characteristics.

24. "GPS: Global Position Satellite System" means using a satellite navigation system on farm equipment to calculate position in the field.

25. "Green chop" means reducing soil compaction, soil disturbance and a minimum of one ground operation across a commercial farm by harvesting a Forage Crop without allowing it to dry in the field.

26. "Ground operation" means an agricultural operation that is not a tillage operation, which involves equipment passing across the field. A ground operation includes harvest activities. A pass through the field may be a subset of a ground operation.

27. "Harvest" means the time after planting up through harvest, including gathering mature crops from a commercial farm, as well as all actions taken immediately after crop removal, such as cooling, sorting, cleaning, and packing.

28. "Integrated Pest Management" means reducing soil compaction and a minimum of one ground operation across a commercial farm for spraying by using a combination of techniques including organic, conventional, and biological farming practices to suppress pest problems.

29. "Limited harvest activity" means performing no ground operations on a day identified by the Maricopa or Pinal County Dust Control Forecast to be high risk for dust generation.

30. "Limited tillage activity" means performing no tillage operations on a day identified by the Maricopa or Pinal County Dust Control Forecast to be high risk for dust generation.

31. "Maricopa PM nonattainment area" means the Phoenix planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210.

32. "Multi-year crop" means reducing PM emissions from wind erosion and a minimum of one tillage and ground operation across a commercial farm, by protecting the soil surface by growing a crop, pasture, or orchard that is grown, or will be grown, on a continuous basis for more than one year.

33. "Noncropland" means any commercial farm land that:

a. Is no longer used for agricultural production;

b. Is no longer suitable for production of crops;

c. Is subject to a restrictive easement or contract that prohibits use for the production of crops; or

d. Includes a ditch, or ditch bank, equipment yard, storage yard, or well head.

34. "NRCS" means the Natural Resource Conservation Service.

35. "Organic material cover" means reducing PM emissions and wind erosion and preserving soil moisture by applying and maintaining cover material such as animal waste or plant residue, to a soil surface to reduce soil movement. Material shall be evenly applied and maintained to a depth sufficient to reduce PM emissions and coverage should be a minimum of 70 percent.

36. "Permanent cover" means reducing PM emissions and wind erosion by maintaining a long-term perennial vegetative cover on cropland that is temporarily not producing a major crop. Perennial species such as grasses and/or legumes shall be used to establish at least 60 percent cover. Compliance shall be determined by the Line Transect Test Method, NRCS National Agronomy Manual, Subpart 503.51, Estimating Crop Residue Cover, amended through February 2011 (and no future editions).

37. "Pinal County PM Nonattainment Area" means the West Pinal PM₁₀ planning area and the West Central PM_2.5 planning area, as defined in 40 CFR 81.303, and incorporated by reference in R18-2-210.

38. "Plant stubble" means stubble on the soil surface, which insulates soil to reduce evaporation of moisture, and also protects the soil from wind and water erosion.

39. "Planting based on soil moisture" means reducing PM emissions and wind erosion by applying water or having enough moisture in the soil to germinate the seed prior to planting. Soil must have a minimum soil moisture content of 60% of field capacity at planting depth. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions).

40. "PM" includes both particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated according to 40 CFR 53 ; and particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method contained within 40 CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53, as incorporated by reference in Appendix 2.

41. "Precision Farming" means reducing the number of passes across a commercial farm by at least 12 inches per pass by using GPS to precisely guide farm equipment in the field.

42. "Reduce vehicle speed" means reducing PM emissions and soil erosion from the operation of farm vehicles or farm equipment on noncropland or commercial farm roads at speeds not to exceed 15 miles per hour. This can be achieved through installation of engine speed governors, signage, or speed control devices.

43. "Reduced harvest activity" means reducing soil disturbance, soil and water loss, and the number of mechanical harvest passes by a minimum of one ground operation across a commercial farm, by means other than equipment modification or combining tractor operations.

44. "Reduced tillage system" means reducing soil disturbance, soil and water loss, by using a single piece of equipment that reduces a minimum of three tillage operations, by means other than equipment modification or combining tractor operations.

45. "Regulated agricultural activity" means a regulated agricultural activity as defined in A.R.S. § 49-457(O)(1)(a) through (O)(1)(d).

46. "Regulated area" means the regulated area as defined in A.R.S. § 49-457(O)(6).

47. "Residue management" means reducing PM emissions and wind erosion by maintaining a minimum of 60 percent ground cover of crop and other plant residues on a soil surface between the time of harvest of one crop and the commencement of tillage for a new crop. Compliance shall be determined by the Line Transect Test Method, NRCS National Agronomy Manual, Subpart 503.51, Estimating Crop Residue Cover, amended through February 2011 (and no future editions).

"Sequential cropping" means reducing PM emissions and wind erosion by growing crops in a sequence or close rotation that limits the amount of time bare soil is exposed on a commercial farm to 30 days or less.

49. "Shuttle System/Larger Carrier" means reducing one out of every four trips across a commercial farm by using multiple or larger bins/trailers to haul commodity from the field.

50. "Significant Agricultural Earth Moving Activities" means either leveling activities conducted on a commercial farm that disturb the soil more than 4 inches below the surface, or the creation, maintenance and relocation of: ditches, canals, ponds, irrigation lines, tailwater recovery systems (agricultural sumps) and other water conveyances, not to include activities performed on cropland for tillage, ground operations or harvest.

51. "Silt content test method" means the test method as described in Appendix 2.

52. "Stabilization of soil prior to plant emergence" means reducing PM emissions by applying water to soil prior to crop emergence in order to cause the soil to form a visible crust.

53. "Surface roughening" means reducing PM emissions or wind erosion by manipulating a soil surface by means such as rough discing or tillage in order to produce or maintain clods on the land surface. Compliance shall be determined by NRCS Practice Code 609, Surface Roughening, amended through November 2008 (and no future editions).

54. "Synthetic particulate suppressant" means reducing PM emissions and wind erosion by providing a stabilized soil surface on noncropland or commercial farm roads with a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, an emulsion of a petroleum product, an enzyme product, or polyacrylamide that is used to control particulate matter.

55. "Tillage" means any mechanical practice that physically disturbs the soil, and includes preparation for planting, such as plowing, ripping, or discing.

56. "Tillage based on soil moisture" means reducing PM emissions by irrigating fields to the depth of the proposed cut prior to soil disturbances or conducting tillage to coincide with precipitation. Soil must have a minimum soil moisture content of 40-60% of field capacity at planting depth. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions).

"Timing of a tillage operation" means reducing wind erosion and PM emissions by performing tillage operations that minimize the amount of time within 45 days.

58. "Tillage operation" means an agricultural operation that mechanically manipulates the soil for the enhancement of crop production. Examples include discing or bedding. A pass through the field may be a subset of a tillage operation.

59. "Track-out control system" means minimizing any and all material that adheres to and agglomerates on all vehicles and equipment from noncropland or commercial farm roads or and falls onto paved public roads or shoulders to paved public roads by using a device or system to remove mud or soil from a vehicle or equipment before the vehicle enters a paved public road. Devices such as a grizzly, a gravel pad or a wheel wash system can be used.

"Transgenic Crops" means reducing a minimum of one tillage or ground operation, the number of chemical spray applications, or soil disturbances by using plants that are genetically modified.

"Transplanting" means reducing a minimum of one ground operation across a commercial farm and minimizing soil disturbance by utilizing plants already in a growth state as compared to seeding.

62. "Unpaved vehicle or equipment traffic area" means any area of noncropland that is used for the fueling, servicing, receiving, transfer, parking or storing of equipment or vehicles.

62 63. "VDT" (Vehicle trips per day) means trips per day made by one vehicle, in one direction.

63 64. "Watering" means reducing PM emissions and wind erosion by applying water to noncropland or commercial farm road bare soil surfaces during periods of high traffic until the surfaces are visibly moist.

64 65. "Watering on a high risk day" means reducing PM emissions and wind erosion by applying water to commercial farm road bare soil surfaces until the surfaces are visibly moist, on a day forecast to be high risk for dust generation by the Maricopa or Pinal County Dust Control Forecast.

65 66. "Wind barrier" means reducing PM emissions and wind erosion by constructing a fence or structure, or providing a woody vegetative barrier by planting a row of trees or shrubs, perpendicular or across the prevailing wind direction to reduce wind speed by changing the pattern of air flow over the land surface. For fences and structures, the wind barrier shall have a density of no less than 50% and the height of the wind barrier must be proportionate to the downwind protected area. The downwind protected area is considered ten times the height of the wind barrier. For vegetative barriers, compliance shall be determined by NRCS Conservation Practice Standard, Code 380, Windbreak/Shelterbelt Establishment, amended through August 21, 2009 (and no future editions).

History

• Former Section R18-2-610 renumbered to R18-2-612; new Section R18-2-610 adopted by final rulemaking at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 13 A.A.R. 4326, effective November 14, 2007 (Supp. 07-4). Amended by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11-4). Subsection (A) corrected at the request of the Department, Office File No. M12-133, filed April 5, 2012 (Supp. 11-4). Amended by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015. Amended by final exempt rulemaking at 27 A.A.R. 2747, effective 11/3/2021.

Ariz. Admin. Code § R18-2-610.01 Agricultural Pm General Permit for Crop Operations; Maricopa County Pm Nonattainment Area

A. A commercial farmer shall comply with this Section by January 1, 2012. Until the end of the transition period on March 31, 2013, a commercial farmer shall maintain a record demonstrating compliance with this Section. The record shall be provided to the Director within two business days of notice to the commercial farmer. The record shall contain:

1. The name of the commercial farmer;

2. The mailing address or physical address of the commercial farm; and

3. The best management practices selected for tillage and harvest, noncropland, and cropland.

B. A commercial farmer, who begins a regulated agricultural activity after January 1, 2012, shall comply with this Section within three months of beginning the regulated agricultural activity.

C A.A commercial farmer within the Maricopa County PM Nonattainment Area shall implement at least two best management practices from each category to reduce PM emissions.

D. A commercial farmer within a Moderate PM10 Nonattainment Area shall implement at least one best management practice from each category to reduce PM10 emissions.

E B.A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions during tillage, harvest or ground operation activities:

1. Chemical irrigation,

2. Combining tractor operations,

3. Equipment modification,

4. Green Chop,

5. Integrated Pest Management,

6. Limited harvest activity,

7. Limited tillage activity,

8. Multi-year crop,

9. Cessation of Night Tilling,

10. Planting based on soil moisture,

11. Precision Farming,

12. Reduced harvest activity,

13. Reduced tillage system,

14. Tillage based on soil moisture,

15. Timing of a tillage operation,

16. Transgenic Crops,

17. Transplanting,

18. Shuttle System/Larger Carrier, or

19. Conservation Tillage.

F C.A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions from noncropland and commercial farm roads:

1. Access restriction,

2. Aggregate cover,

3. Wind barrier,

4. Critical area planting,

5. Organic material cover,

6. Reduce vehicle speed,

7. Synthetic particulate suppressant,

8. Track-out control system, or

9. Watering.

G D.A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions from cropland:

1. Wind barrier,

2. Cover crop,

3. Cross-wind ridges,

4. Cross-wind strip-cropping,

5. Integrated Pest Management,

6 4. Chips/mulches,

7. Mulching,

8 5. Multi-year crop,

9 6. Permanent cover,

10 7. Stabilization of soil prior to plant emergence,

11. Precision Farming,

12 8. Residue management,

13 9. Sequential cropping, or

14 10. Surface roughening.

H E.A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions when conducting Significant Agricultural Earth Moving Activities as defined in R18-2-610:

1. Apply water prior to conducting Significant Agricultural Earth Moving Activities and/or time Significant Agricultural Earth Moving Activities to coincide with precipitation. Soil must have a minimum soil moisture content of 50% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

2. Apply water during Significant Agricultural Earth Moving Activities. Soil must have a minimum soil moisture content of 30% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

Limit activities on a day identified by the Maricopa or Pinal County Dust Control Forecast to be high risk for dust generation; or

4. Conduct Significant Agricultural Earth Moving Activities in a manner to reduce a minimum of one ground operation across a commercial farm by using equipment that is the most efficient means of moving the soil.

5. Conduct Significant Agricultural Earth Moving Activities as close to possible to planting or otherwise stabilize the soil, except for emergency maintenance purposes

I. Beginning March 31, 2013, or within 90 days after the start of a new regulated agricultural activity, whichever is later, the commercial farmer shall complete and submit a Best Management Practices Program General Permit Record Form to the Arizona Department of Agriculture. Thereafter, the commercial farmer shall also complete and submit a Best Management Practices Program General Permit Record Form to the Arizona Department of Agriculture on March 31 of each calendar year. The Best Management Practice Program General Permit Record form shall include the following information:

1. At least the required number of best management practices as described in subsection (C) or (D) that the commercial farmer implemented during the previous calendar year;

2. At least the required number of best management practices as described in subsection (C) or (D) that the commercial farmer intends to implement during the current calendar year;

3. The name, business address, and phone number of the commercial farmer responsible for the preparation and implementation of the best management practices;

4. The signature of the commercial farmer and the date the form was signed.

F. From and after December 31, 2015, a commercial farmer who engages in a regulated agricultural activity shall complete and maintain a Best Management Practices Program General Permit Record Form demonstrating compliance with this Section. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the commercial farmer. The Best Management Practice Program General Permit Record Form shall include the following information:

1. The name of the commercial farmer, signature, and date signed;

2. The mailing address or physical address of the commercial farm; and

3. The best management practices selected for tillage, harvest, and ground operation activities, cropland, noncropland and commercial farm roads, and significant earth moving activities (if applicable).

J. Beginning in Calendar Year 2014, and no more than once every subsequent three calendar years, the Director shall provide the commercial farmer with a Best Management Practices Program Periodic Survey. The commercial farmer may complete and submit the survey to the Arizona Department of Agriculture. The Periodic Survey shall include the following information:

1. The type and acreage of each crop type planted during the calendar year that the survey is conducted,

2. The total miles of unpaved roads at the commercial farm, and

3. The total acreage of the unpaved equipment and traffic areas at the commercial farm.

K G.Records of any changes to the Best Management Practices identified in the most recently submitted Best Management Practices Program General Permit Record Form shall be kept by the commercial farmer onsite and made available for review by the Director within two business days of notice to the commercial farmer.

L H.A person may develop different practices to control PM emissions not contained in subsections (B), (C), (D), or (E) and may submit such practices that are proven effective through on-farm demonstration trials to the Committee. The proposed new practices shall not become effective unless submitted as described in A.R.S. § 49-457(L).

M I.A commercial farmer shall maintain a record demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice.

N J.The Director shall not assess a fee to a commercial farmer for coverage under the agricultural PM₁₀ general permit.

O K.A commercial farmer shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

P L.The Director shall document noncompliance with this Section before issuing a compliance order.

Q M.A commercial farmer who is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(I), (J), and (K).

History

• New Section made by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-610.02 Agricultural Pm General Permit for Crop Operations; Moderate Pm Nonattainment Areas, Designated after June 1, 2009

A. A commercial farmer within a PM Moderate Nonattainment Area, designated after June 1, 2009, shall implement at least one best management practice from each category to reduce PM emissions.

B. A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions during tillage, harvest and ground operation activities:

1. Chemical irrigation,

2. Combining tractor operations,

3. Equipment modification,

4. Green Chop,

5. Integrated Pest Management,

6. Limited harvest activity,

7. Limited tillage activity,

8. Multi-year crop,

9. Cessation of Night Tilling,

10. Planting based on soil moisture,

11. Precision Farming,

12. Reduced harvest activity,

13. Reduced tillage system,

14. Tillage based on soil moisture,

15. Timing of a tillage operation,

16. Transgenic Crops,

17. Transplanting, or

18. Shuttle System/Larger Carrier, or

19. Conservation Tillage.

C. A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions from noncropland and commercial farm roads:

1. Access restriction,

2. Aggregate cover,

3. Wind barrier,

4. Critical area planting,

5. Organic material cover,

6. Reduce vehicle speed,

7. Synthetic particulate suppressant,

8. Track-out control system, or

9. Watering.

D. A commercial farmer shall implement from the following best management practices, as described in subsection (A), to reduce PM emissions from cropland:

1. Wind barrier,

2. Cover crop,

3. Cross-wind ridges,

4. Chips/mulches,

5. Multi-year crop,

6. Permanent cover,

7. Stabilization of soil prior to plant emergence,

8. Residue management,

9. Sequential cropping, or

10. Surface roughening.

E. A commercial farmer shall implement from the following best management practices, as described in subsection (A), when conducting Significant Agricultural Earth Moving Activities as defined in R18-2-610:

1. Apply water prior to conducting Significant Agricultural Earth Moving Activities and/or time Significant Agricultural Earth Moving Activities to coincide with precipitation. Soil must have a minimum soil moisture content of 50% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

2. Apply water during Significant Agricultural Earth Moving Activities. Soil must have a minimum soil moisture content of 30% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

Limit activities on a day identified by the Maricopa or Pinal County Dust Control Forecast to be high risk for dust generation; or

4. Conduct Significant Agricultural Earth Moving Activities in a manner to reduce a minimum of one ground operation across a commercial farm by using equipment that is the most efficient means of moving the soil.

F. From and after December 31, 2015, a commercial farmer who engages in a regulated agricultural activity shall complete and maintain a Best Management Practices Program General Permit Record Form demonstrating compliance with this Section. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the commercial farmer. The Best Management Practice Program General Permit Record Form shall include the following information:

1. The name of the commercial farmer, signature, and date signed;

2. The mailing address or physical address of the commercial farm; and

3. The best management practice selected for tillage, harvest and ground operation activities, cropland, noncropland and commercial farm roads, and significant earth moving activities (if applicable).

G. Records of any changes to the Best Management Practices shall be noted on the Best Management Practices Program General Permit Record Form and shall be kept by the commercial farmer onsite and made available for review by the Director within two business days of notice to the commercial farmer.

H. A person may develop different practices to control PM emissions not contained in subsections (B), (C), (D), or (E) and may submit such practices that are proven effective through on-farm demonstration trials to the Committee. The proposed new practices shall not become effective unless submitted as described in A.R.S. § 49-457(L).

I. A commercial farmer shall maintain a record demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice.

J. The Director shall not assess a fee to a commercial farmer for coverage under the agricultural PM general permit.

K. A commercial farmer shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

L. The Director shall document noncompliance with this Section before issuing a compliance order.

M. A commercial farmer who is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(I), (J), and (K).

History

• Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-610.03 Agricultural PM General Permit for Crop Operations; Pinal County PM Nonattainment Area

A. On the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of best management practices as described in sections (B)(1)(b), (B)(2)(b), (B)(3)(b), (B)(4)(b), and (B)(5)(b).

B. On all days, a commercial farmer shall implement at least two best management practices from each category to reduce PM emissions, as described below in subsections (1)(a), (2)(a), (3)(a), (4)(a), (5)(a), and (6). If a commercial farmer implements the Conservation tillage or Reduced tillage system best management practice for the tillage category, they do not have to implement a best management practice from the subsections (2)(a), (2)(b), (5)(a) and (5)(b).

Tillage:

a. A commercial farmer shall implement at least two of the following:

i. Combining tractor operations,

ii. Equipment modification,

iii. Multi-year crop,

iv. Cessation of night tilling,

v. Planting based on soil moisture,

vi. Precision farming,

vii. Tillage based on soil moisture,

viii. Timing of a tillage operation,

ix. Transgenic crops,

x. Transplanting,

xi. Reduced tillage system, or

xii. Conservation tillage.

b. Unless choosing limited tillage activity (subsection iv, below), on the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of at least one of the following:

i. Multi-year crop,

ii. Planting based on soil moisture,

iii. Tillage based on soil moisture,

iv. Limited tillage activity,

v. Reduced tillage system, or

vi. Conservation tillage.

Ground Operations and Harvest:

a. A commercial farmer shall implement at least two of the following:

i. Combining tractor operations,

ii. Equipment modification,

iii. Chemical irrigation,

iv. Green chop,

v. Integrated pest management,

vi. Multi-year crop,

vii. Precision farming,

viii. Reduced harvest activity,

ix. Transgenic crops, or

x. Shuttle System/Larger Carrier.

b. Unless choosing limited harvest activity (subsection iv, below), on the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of at least one of the following:

i. Green chop,

ii. Integrated pest management,

iii. Multi-year crop, or

iv. Limited harvest activity.

3. Noncropland:

a. A commercial farmer shall implement at least two of the following best management practices:

i. Access restriction,

ii. Aggregate cover,

iii. Wind barrier,

iv. Critical area planting,

v. Organic material cover,

vi. Reduce vehicle speed,

vii. Synthetic particulate suppressant, or

viii. Watering.

b. Unless choosing watering on a high risk day (subsection vi, below), on the day before and during a day forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, on a noncropland area that experiences more than 20 VDT from 2 or more axle vehicles, commercial farmer shall ensure implementation of at least one of the following best management practices:

i. Aggregate cover,

ii. Wind barrier,

iii. Critical area planting,

iv. Organic material cover,

v. Synthetic particulate suppressant, or

vi. Watering on a high risk day.

c. On each day that traffic accounts for 50 or more vehicle daily trips, or 20 or more vehicle daily trips with 3 or more axels, within an unpaved vehicle or equipment traffic area, the opacity of emissions shall be limited to no more than 20% measured according to 40 CFR 60, Appendix A, Reference Method 9.

4. Commercial farm roads:

a. A commercial farmer shall implement at least two of the following best management practices:

i. Access restriction,

ii. Reduce vehicle speed,

iii. Track-out control system,

iv. Aggregate cover,

v. Synthetic particulate suppressant,

vi. Watering, or,

vii. Organic material cover.

b. Unless choosing watering on a high risk day (subsection vi, below), on the day before and during a day forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, on a road that experiences more than 20 VDT from 2 or more axle vehicles, a commercial farmer shall ensure implementation of at least one of the following best management practices:

i. Aggregate cover,

ii. Synthetic particulate suppressant,

iii. Wind barrier,

iv. Organic material cover,

v. Roads are stabilized as determined by the silt content test method,

vi. Watering on a high risk day.

5. Cropland:

a. A commercial farmer shall implement at least two of the following best management practices, one from subsection (i) through (vii), and one from subsection (viii) through (xi), to reduce PM emissions from cropland:

i. Wind barrier,

ii. Cover crop,

iii. Cross-wind ridges,

iv. Chips/mulches,

v. Sequential cropping,

vi. Residue management,

vii. Surface roughening,

viii. Multi-year crop,

ix. Permanent cover, or

x. Stabilization of soil prior to plant emergence.

b. On the day before and during the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, a commercial farmer shall ensure implementation of at least one of the following:

i. Wind barrier,

ii. Cover crop,

iii. Cross-wind ridges,

iv. Chips/mulches,

v. Surface roughening,

vi. Multi-year crop,

vii. Permanent cover,

viii. Stabilization of soil prior to plant emergence, or

ix. Residue management.

6. Significant Agricultural Earth Moving Activities:

a. Apply water prior to conducting Significant Agricultural Earth Moving Activities and/or time Significant Agricultural Earth Moving Activities to coincide with precipitation. Soil must have a minimum soil moisture content of 50% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

b. Apply water during Significant Agricultural Earth Moving Activities. Soil must have a minimum soil moisture content of 30% of field capacity. Compliance shall be determined by NRCS Estimating Soil Moisture by Feel and Appearance Method, amended through April 1998 (and no future editions);

c. Limit activities on a day identified by the Maricopa or Pinal County Dust Control Forecast to be high risk for dust generation; or

d. Conduct Significant Agricultural Earth Moving Activities in a manner to reduce a minimum of one ground operation across a commercial farm by using equipment that is the most efficient means of moving the soil.

C. From and after December 31, 2015, a commercial farmer who engages in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form demonstrating compliance with this rule. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the commercial farmer. The Best Management Practice Program General Permit Record Form shall include the following information:

1. The name of the commercial farmer, signature, and date signed.

2. The mailing address or physical address of the commercial farm; and

3. The following information for each best management practice selected for tillage, ground operations and harvest, cropland, noncropland, commercial farm roads, and significant earth moving activities (if applicable); and

Any additional best management practices selected for high risk days as predicted by the Pinal County Dust Control Forecast.

D. Beginning in calendar year 2017, and no more than once every subsequent three calendar years, the Director, in conjunction with the Arizona Department of Agriculture, shall provide the commercial farmer with a Best Management Practices Program 3-year Survey. The commercial farmer shall complete the Survey with data from the preceding calendar year and submit the Survey to the Arizona Department of Agriculture (ADA) by January 31, 2018, and every three years thereafter. The Survey information submitted to the ADA shall be compiled by the ADA without reference to a commercial farmer's name, shall aggregate the data from the Surveys received, and be submitted to the Department. The 3-year Survey shall include the following information:

1. The name, business address, and phone number of the commercial farmer responsible for the preparation and implementation of the best management practices;

2. The signature of the commercial farmer and the date the form was signed;

The acreage of each crop type planted/growing during the calendar year that the survey is conducted;

4. The total miles of commercial farm roads at the commercial farm;

5. The total acreage of the noncropland at the commercial farm;

6. The best management practices selected for tillage, ground operations and harvest, cropland, noncropland, commercial farm roads, and significant earth moving activities (if applicable); and

Any additional best management practices selected for high risk days as predicted by the Pinal County Dust Control Forecast.

E. Records of any changes to the Best Management Practices shall be noted on the Best Management Practices Program General Permit Record Form and shall be kept by the commercial farmer onsite and made available for review by the Director within two business days of notice to the commercial farmer.

F. A person may develop different practices to control PM emissions not contained in subsections (B)(1) through (B)(6) and may submit such practices that are proven effective through on-farm demonstration trials to the Committee.

G. A commercial farmer shall maintain a record demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice.

H. The Director shall not assess a fee to a commercial farmer for coverage under the agricultural PM general permit.

I. A commercial farmer shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

J. The Director shall document noncompliance with this Section before issuing a compliance order.

K. A commercial farmer who is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(J), (K), and (L).

History

• Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015. Amended by final exempt rulemaking at 27 A.A.R. 2747, effective 11/3/2021.

Ariz. Admin. Code § R18-2-611 Definitions for R18-2-611.01, R18-2-611.02, and R18-2-611.03

The definitions in R18-2-101 and the following definitions apply to R18-2-611.01, R18-2-611.02, and R18-611.03:

1. The following definitions apply to a commercial dairy operation, a commercial beef feedlot, a commercial poultry facility, and commercial swine facility:

a. "Animal waste handling and transporting" means the processes by which any animal excretions and mixtures containing animal excretions are collected and transported.

b. "Arenas, corrals and pens" means areas where animals are confined for the purposes of, but not limited to, feeding, displaying, safety, racing, exercising, or husbandry.

c. "Commercial animal operation" means a commercial dairy operation, a commercial beef feedlot, a commercial poultry facility, and a commercial swine facility, as defined in this Section.

d. "Commercial animal operator" means an individual, entity, or joint operation in general control of a commercial animal operation.

e. "Dust Control Forecast" means a forecast, which shall identify a low, moderate or high risk of dust generation for the next five consecutive days and shall be issued by noon on each day the forecast is generated. When developing these forecasts, the department shall consider all of the following:

i. Projected meteorological conditions, including:

(1) Wind speed and direction,

(2) Stagnation,

(3) Recent precipitation, and

(4) Potential for precipitation;

ii. Existing concentrations of air pollution at the time of the forecast; and

iii. Historic air pollution concentrations that have been observed during meteorological conditions similar to those that are predicted to occur in the forecast.

f. "High traffic areas" means areas that experience more than 20 VDT from 2 or more axle vehicles.

g. "Maricopa PM nonattainment area" means the Phoenix planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210.

h. "Paved Public Road" means any paved roadways that are open to public travel and maintained by a City, County, State, or Federal entities.

i. "Pinal County PM Nonattainment Area" means the West Pinal PM₁₀ planning area and the West Central PM_2.5 planning area, as defined in 40 CFR 81.303, and incorporated by reference in R18-2-210.

j. "PM" includes both particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated according to 40 CFR 53 ; and particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method contained within 40 CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53, as incorporated by reference in Appendix 2.

k. "Regulated agricultural activity" means a regulated agricultural activity as defined in A.R.S. § 49-457(O)(5).

l. "Regulated area" means the regulated area as defined in A.R.S. § 49-457(O)(6).

m. "Track-out control device" means minimizing any and all material that adheres to and agglomerates on all vehicles and equipment from unpaved access connections and falls onto paved public roads or shoulders to paved public roads by using a device or system to remove mud or soil from a vehicle or equipment before the vehicle enters a paved public road. Devices such as a grizzly, a gravel pad or a wheel wash system can be used.

n. "Unpaved access connections" means any unpaved road connection which connects to a paved public road.

o. "Unpaved roads or feed lanes" means roads and feed lanes that are unpaved, owned by a commercial animal operator, and used exclusively to service a commercial animal operation.

p. "Unpaved vehicle or equipment traffic area" means any area that is used for the fueling, servicing, receiving, transfer, parking or storing of equipment or vehicles.

p q. "VDT" (Vehicle trips per day) means trips per day made by one vehicle, in one direction.

2. The following definitions apply to a commercial dairy operation:

a. "Aggregate cover" means reducing PM emissions, wind erosion and stabilizing soil by applying and maintaining gravel, concrete, recycled road base, caliche, or other similar material to unpaved roads or feed lanes. The aggregate should be clean, hard and durable, and should be applied and maintained to a minimum of three inches deep.

b. "Apply a fibrous layer" means reducing PM emissions and soil movement, and preserving soil moisture by spreading shredded or deconstructed plant materials to cover loose soil in high animal traffic areas. Material shall be consistently applied to a minimum depth of two inches above the soil surface and coverage should be a minimum of 70 percent.

c. "Bunkers" means below ground level storage systems for storing large amount of silage, which is covered with a plastic tarp.

d. "Calves" means young dairy stock under two months of age.

e. "Cement cattle walkways to milk barn" means reducing PM emissions by fencing pathways from the corrals to the milking barn, restricting dairy cattle to surfaces with concrete floors.

f. "Commercial dairy operation" means a dairy operation:

i. With more than 150 dairy cattle within the boundary of the Maricopa PM nonattainment area and Maricopa County portion of Area A or a PM nonattainment area designated after June 1, 2009, or

ii. With more than 50 dairy cattle within the boundary of the Pinal County PM Nonattainment Area.

g. "Cover manure hauling trucks" means reducing PM emissions by completely covering the top of the loaded area.

h. "Covers for silage" means reducing PM emissions and wind erosion by using large plastic tarps to completely cover silage.

i. "Do not run cattle" means reducing PM emissions by walking dairy cattle to the milking barn.

j. "Feed higher moisture feed to dairy cattle" means reducing PM emissions by feeding dairy cattle one or any combination of the following:

i. Add water to ration mix to achieve a 20% minimum moisture level,

ii. Add molasses or tallow to ration mix at a minimum of 1%,

iii. Add silage, or

iv. Add green chop.

k. "Feed green chop" means feeding high moisture feed that contains at least 30% moisture directly to dairy cattle.

l. "Groom manure surface" means reducing PM emissions and wind erosion by:

i. Flushing or vacuuming lanes daily,

ii. Scraping and harrowing pens on a weekly basis, and

iii. Removing manure every four months with equipment that leaves an even corral surface of compacted manure on top of the soil.

m. "Hutches" means raised, roofed enclosures that protect the calves from the elements.

n. "Pile manure between cleanings" means reducing PM emissions by collecting loose surface materials within the confines of the surface area of the occupied feed pen every two weeks.

o. "Provide cooling in corral" means reducing PM emissions by using cooling systems under the corral shades to reduce the ambient air temperature, thereby increasing stocking density in the cool areas of the corrals.

p. "Provide shade in corral" means reducing PM emissions by increasing stocking density and reducing animal movement by using a permanent structure, which provides at least 16 square feet per animal of shaded pen surface.

q. "Push equipment" means manure harvesting equipment pushed in front of a tractor.

r. "Silage" means fermented, high-moisture fodder that can be fed to ruminants, such as cattle and sheep; usually made from grass crops including corn, sorghum or other cereals, by using the entire green plant.

s. "Store and maintain feed stock" means reducing PM emissions and wind erosion by storing feed stock in a covered area where the commodity is surrounded on at least three sides by a structure.

t. "Synthetic particulate suppressant" means reducing PM emissions and wind erosion by providing a stabilized soil surface on a commercial dairy operation with a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, an emulsion of a petroleum product, an enzyme product, or polyacrylamide that is used to control particulate matter.

u. "Use drag equipment to maintain pens" means reducing PM emissions by using manure equipment pulled behind a tractor instead of using push equipment, which avoids dust accumulation in floor depressions.

v. "Use free stall housing" means reducing PM emissions by enclosing one cow per stall, which are outfitted with concrete floors.

w. "Water misting systems" means reducing PM emissions from dry manure by using systems that project a cloud of very small water particles onto the manure surface, keeping the surface visibly moist.

x. "Wind barrier" means reducing PM₁₀ emissions and wind erosion by constructing a fence or structure, or providing a woody vegetative barrier by planting a row of trees or shrubs, perpendicular or across the prevailing wind direction to reduce wind speed by changing the pattern of air flow over the land surface. For fences and structures, the wind barrier shall have a density of no less than 50% and the height of the wind barrier must be proportionate to the downwind protected area. The downwind protected area is considered ten times the height of the wind barrier. For vegetative barriers, compliance shall be determined by NRCS Conservation Practice Standard, Code 380, Windbreak/Shelterbelt Establishment, amended through August 21, 2009 (and no future editions).

3. The following definitions apply to a commercial beef cattle feedlot:

a. "Add moisture to pen surface" means reducing PM emissions and wind erosion by applying at least three to six gallons of water per head/per day in pens occupied by beef cattle.

b. "Add molasses or tallow to feed" means reducing PM emissions by adding molasses or tallow so that it equals three percent of the total ration.

c. "Aggregate cover" means reducing PM emissions, wind erosion and stabilizing soil by applying and maintaining gravel, concrete, recycled road base, caliche, or other similar material to unpaved roads or feed lanes. The aggregate should be clean, hard and durable, and should be applied and maintained to a minimum of three inches deep.

d. "Apply a fibrous layer in working areas" means reducing PM emissions and soil movement, and preserving soil moisture by spreading shredded or deconstructed plant materials to cover loose soil in high animal traffic areas. Material shall be consistently applied to a minimum depth of two inches above the soil surface and coverage should be a minimum of 70 percent.

e. "Bulk materials" means reducing PM emissions by using a closed conveyor system instead of vehicular means to move grain or other.

f. "Commercial beef cattle feedlot" means a beef cattle feedlot:

i. With more than 500 beef cattle within the boundary of the Maricopa PM nonattainment area and Maricopa County portion of Area A or a PM nonattainment area designated after June 1, 2009, or

ii. With more than 50 beef cattle within the Pinal County PM Nonattainment Area.

g. "Concrete apron" means reducing PM emissions by using solidly formed concrete surface, at least 4 inches thick on top of the soil surface, inside the feed pen for 8 feet approaching the feed bunk or water trough.

h. "Control cattle during movements" means reducing PM emissions by suppressing the animal's ability to run by driving them forward while intruding on their "flight zones" or restraining the animal's movement.

i. "Cover manure hauling trucks" means reducing PM emissions by completely covering the top of the loaded area.

j. "Feed higher moisture feed to beef cattle" means reducing PM emissions by feeding beef cattle feed that contains at least 30% moisture.

k. "Frequent manure removal" means reducing PM emissions and wind erosion by harvesting loose manure on top of the pen surface at least once every six months.

l. "Pile manure between cleanings" means reducing PM emissions by collecting loose manure surface materials, by scraping or pushing, within the confines of the surface area of the occupied feed pen at least four times per year.

m. "Provide shade in corral" means reducing PM emissions by increasing stocking density and reducing animal movement by using a permanent structure, which provides at least 16 square feet per animal of shaded pen surface.

n. "Push equipment" means manure harvesting equipment pushed in front of a tractor.

o. "Store and maintain feed stock" means reducing PM emissions and wind erosion by storing feed stock in a covered area where the commodity is surrounded on at least three sides by a structure.

p. "Synthetic particulate suppressant" means reducing PM emissions and wind erosion by providing a stabilized soil surface on a commercial beef feedlot with a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, an emulsion of a petroleum product, an enzyme product, or polyacrylamide that is used to control particulate matter.

q. "Use drag equipment to maintain pens" means reducing PM emissions by using manure harvesting equipment pulled behind a tractor instead of using push equipment, which avoids dust accumulation in floor depressions.

r. "Wind barrier" means reducing PM₁₀ emissions and wind erosion by constructing a fence or structure, or providing a woody vegetative barrier by planting a row of trees or shrubs, perpendicular or across the prevailing wind direction to reduce wind speed by changing the pattern of air flow over the land surface. For fences and structures, the wind barrier shall have a density of no less than 50% and the height of the wind barrier must be proportionate to the downwind protected area. The downwind protected area is considered ten times the height of the wind barrier. For vegetative barriers, compliance shall be determined by NRCS Conservation Practice Standard, Code 380, Windbreak/Shelterbelt Establishment, amended through August 21, 2009 (and no future editions).

The following definitions apply to a commercial poultry facility:

a. "Add moisture through ventilation systems" means reducing PM emissions by using a ventilation system that is designed to allow stock to maintain their normal body temperature without difficulty while maintaining a minimum of 20% moisture in the air within the housing system to bind small particles to larger particles.

b. "Add oil and/or moisture to the feed" means reducing PM emissions by adding a minimum of 1% edible oil and/or moisture to feed rations to bind small particles to larger particles.

c. "Aggregate cover" means reducing PM emissions, wind erosion and stabilizing soil by applying and maintaining gravel, concrete, recycled road base, caliche, or other similar material to unpaved roads or feed lanes. The aggregate should be clean, hard and durable, and should be applied and maintained to a minimum of three inches deep.

d. "Clean aisles between cage rows" means reducing PM emissions by cleaning the aisles between cage rows at least twice every 14 days to prevent dried manure, spilled feed, and debris accumulation.

e. "Clean fans, louvers, and soffit inlets in a commercial poultry facility" means reducing PM emissions by cleaning fans, louvers, and soffit inlets when the facility is empty between depopulating and populating the facility.

f. "Clean floors and walls in a commercial poultry facility" means reducing PM emissions by cleaning floors and walls to prevent dried manure, spilled feed, and debris accumulation when the facility is empty between depopulating and populating the facility.

g. "Commercial poultry facility" means a poultry operation with more than 25,000 egg laying hens within the boundary of the Maricopa PM nonattainment area and Maricopa County portion of Area A, a PM nonattainment area designated after June 1, 2009 as stated in A.R.S. § 49-457(O)(1)(f), or the Pinal County PM Nonattainment Area.

h. "Control vegetation on building exteriors" means reducing PM emissions by removing, cutting, or trimming vegetation that accumulates PM and restricts ventilation of the building, so as to leave approximately 3 feet between the vegetation and building.

i. "Enclose transfer points" means reducing PM emissions by enclosing the points of transfer between the enclosed, weatherproof storage structure and the enclosed feed distribution system, which reduce air contact with the feed rations during feed conveyance.

j. "House in fully enclosed ventilated buildings" means reducing PM emissions by utilizing fully enclosed buildings with sufficient ventilation.

k. "Maintain moisture in manure solids" means reducing PM emissions by maintaining a moisture content of a minimum of 15% in the solids sufficient to bind small particles to larger particles.

l. "Minimize drop distance" means reducing PM emissions by designing the feed distribution system so that the distance the feed ration drops from the feed distribution system into feeders is approximately 1 foot or less, which reduces air contact with the feed rations during feed conveyance.

m. "Poultry" means any domesticated bird including chickens, turkeys, ducks, geese, guineas, ratites and squabs.

n. "Remove spilled feed" means reducing PM emissions by removing spilled feed from the housing facility at least once every 14 days.

o. "Stack separated manure solids" means reducing PM emissions and wind erosion by reducing the amount of exposed surface area of manure solids.

p. "Store feed" means reducing PM emissions by storing feed in a structure that is enclosed and weatherproof, which reduces air contact with the feed rations during feed storage.

q. "Synthetic particulate suppressant" means reducing PM emissions and wind erosion by providing a stabilized soil surface on a commercial poultry operation with a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, an emulsion of a petroleum product, an enzyme product, or polyacrylamide that is used to control particulate matter.

r. "Use enclosed feed distribution system" means reducing PM emissions by using an enclosed feed conveyance system that distributes feed rations throughout the housing facility, which reduces air contact with the feed rations during feed conveyance.

s. "Use a flexible discharge spout" means reducing PM emissions and wind erosion at the time of bulk feed deliveries to the housing units by using a flexible discharge spout on the end of the feed truck transfer auger.

t. "Use no bedding in the production facility" means reducing PM emissions by not using bedding such as wood shavings, sawdust, peanut hulls, straw, or other organic material.

u. "Use of a rotary dryer to dry manure waste" means reducing PM₁₀ emissions by drying the manure waste in a rotary dryer fitted with a baghouse or wet scrubber. A commercial poultry facility using a rotary dryer must comply with all of the following:

i. Install, maintain, and operate the baghouse or wet scrubber in a manner consistent with the manufacturer's specifications at all times the rotary dryer is operated. The manufacturer specifications must be available on site upon request.

ii. Conduct monthly observations using EPA Method 22 on the control equipment to ensure proper operation. If improper operation is observed through EPA Method 22, the dryer must stop immediately and the equipment repaired before resuming operations.

iii. For baghouses, conduct an annual black light inspection of the bags to detect broken or leaking bags. If broken or leaking bags are detected it must be repaired or replaced immediately.

iv. Maintain a record of all repair activity required under (ii) and (ii) that must be made available within two days of Director's request for inspection.

5. The following definitions apply to a commercial swine facility:

a. "Add oil and/or moisture to the feed" means reducing PM emissions by adding a minimum of 0.5% edible oil and/or moisture to feed rations to bind small particles to larger particles.

b. "Add moisture through ventilation systems" means reducing PM emissions by using a ventilation system that is designed to allow stock to maintain their normal body temperature without difficulty while maintaining minimum of 15% moisture in the air within the housing system to bind small particles to larger particles.

c. "Aggregate cover" means reducing PM emissions, wind erosion and stabilizing soil by applying and maintaining gravel, concrete, recycled road base, caliche, or other similar material to unpaved roads or feed lanes. The aggregate should be clean, hard and durable, and should be applied and maintained to a minimum of three inches deep.

d. "Clean aisles between pens and stalls" means reducing PM emissions by cleaning the aisles between pens and stalls at least twice every 14 days to prevent dried manure, spilled feed, and debris accumulation.

e. "Clean fans, louvers, and soffit inlets in a commercial swine facility" means reducing PM emissions by cleaning fans, louvers, and soffit inlets between transfer of animal groups, but in any case, at least every 6 months.

f. "Clean pens, floors and walls in a commercial swine facility" means reducing PM emissions by cleaning pens, floors, and walls between transfer of animal groups to prevent dried manure, spilled feed, and debris accumulation, but in any case, at least every 6 months.

g. "Commercial swine facility" means a swine operation with more than 50 animal units for more than 30 consecutive days within the boundary of the Maricopa PM nonattainment area and Maricopa County portion of Area A, a PM nonattainment area designated after June 1, 2009 as stated in A.R.S. § 49-457(O)(1)(f), or the Pinal County PM Nonattainment Area. One thousand pounds equals one animal unit.

h. "Control vegetation on building exteriors" means reducing PM emissions by removing, cutting, or trimming vegetation that accumulates PM and restricts ventilation of the building, so as to leave approximately 3 feet between the vegetation and the building.

i. "Enclose transfer points" means reducing PM emissions by enclosing the points of transfer between the enclosed, weatherproof storage structure and the enclosed feed distribution system, which reduces air contract with the feed rations during feed conveyance.

j. "House in fully enclosed ventilated buildings" means reducing PM emissions by utilizing fully enclosed buildings with sufficient ventilation.

k. "Lagoon" means a liquid manure storage and treatment pond.

l. "Maintain moisture in manure solids" means reducing PM₁₀ emissions by maintaining a minimum moisture content of 10% in the solids sufficient to bind small particles to larger particles.

m. "Minimize drop distance" means reducing PM emissions by designing the feed distribution system so that the distance the feed ration drops from the feed distribution system into feeders is 3 feet or less, which reduces air contact with the feed rations during feed conveyance.

n. "Remove spilled feed" means reducing PM emissions by removing spilled feed from the housing facility at least once every 14 days.

o. "Slatted flooring" means reducing PM emissions by using flooring that is a slotted concrete or wire-mesh floor set above a liquid manure collection pit, which allows the excrement to fall though the flooring into the liquid pit below, which prevents solids build-up. Slats 4 to 8 inches wide with spacing of about 1 inch in between are recommended.

p. "Sloped concrete flooring" means reducing PM emissions by pouring concrete with a minimum of 0.25% grade inside of the barns which provides drainage and easier cleaning of floor areas.

q. "Stack separated manure solids" means reducing PM emissions and wind erosion by reducing the amount of exposed surface area of manure solids.

r. "Store feed" means reducing PM emissions by storing feed in a structure that is enclosed and weatherproof, which reduces air contact with the feed rations during feed storage.

s. "Store separated manure solids" means reducing PM emissions by storing manure solids in a wind-blocked area behind a wall, structure, or area with natural wind protection to minimize blowing air movement over the manure stack.

t. "Synthetic particulate suppressant" means reducing PM emissions and wind erosion by providing a stabilized soil surface on a commercial swine operation with a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, an emulsion of a petroleum product, an enzyme product, or polyacrylamide that is used to control particulate matter.

u. "Use a flexible discharge spout" means reducing PM emissions and wind erosion at the time of bulk feed deliveries to the housing units by using a flexible discharge spout on the end of the feed truck transfer auger.

v. "Use enclosed feed distribution system" means reducing PM emissions by using an enclosed feed conveyance system that distributes feed rations throughout the housing facility, which reduces air contact with the feed rations during the feed conveyance.

w. "Use no bedding in the production facility" means reducing PM emissions by not using bedding such as wood shavings, sawdust, peanut hulls, straw, or other organic material.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Amended by exempt rulemaking at 13 A.A.R. 4326, effective November 14, 2007 (Supp. 07-4). Section repealed; new Section made by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11-4). Subsection (2)(a) corrected at request of the Department, Office File No. M12-133, filed April 5, 2012 (Supp. 11-4). Amended by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015. Amended by exempt rulemaking at 22 A.A.R. 987, effective 4/5/2016. Amended by final exempt rulemaking at 27 A.A.R. 2747, effective 11/3/2021.

Ariz. Admin. Code § R18-2-611.01 Agricultural Pm General Permit for Animal Operations; Maricopa County Serious Pm Nonattainment Areas

A. A commercial animal operator within a Serious PM Nonattainment Area shall implement at least two best management practices from each category to reduce PM emissions.

B. A commercial dairy operation shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens:

a. Use free stall housing,

b. Provide shade in corral,

c. Provide cooling in corral,

d. Cement cattle walkways to milk barn,

e. Groom manure surface,

f. Water misting systems,

g. Use drag equipment to maintain pens,

h. Pile manure between cleanings,

i. Feed green chop,

j. Keep calves in barns or hutches,

k. Do not run cattle,

l. Apply a fibrous layer, or

m. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to dairy cattle,

b. Store and maintain feed stock,

c. Covers for silage,

d. Store silage in bunkers,

e. Cover manure hauling trucks, or

f. Do not load manure trucks with dry manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install signage to limit vehicle speed to 15 mph,

b. Install speed control devices,

c. Restrict access to through traffic,

d. Install and maintain a track-out control device,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant, or

h. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant,

i. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks, or

j. Apply and maintain pavement or cement feed lanes.

C. A commercial beef cattle feedlot shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens:

a. Concrete aprons,

b. Provide shade in corral,

c. Add moisture to pen surface,

d. Manure removal,

e. Pile manure between cleanings,

f. Feed higher moisture feed to beef cattle,

g. Control cattle during movements,

h. Use drag equipment to maintain pens,

i. Apply a fibrous layer, or

j. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to beef cattle,

b. Add molasses or tallow to feed,

c. Store and maintain feed stock,

d. Bulk materials,

e. Use drag equipment to maintain pens,

f. Cover manure hauling trucks, or

g. Do not load manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install and maintain a track-out control device,

b. Apply and maintain pavement in high traffic areas,

c. Apply and maintain aggregate cover,

d. Apply and maintain synthetic particulate suppressant, or

e. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant, or

i. Apply and maintain oil on roads or feed lanes.

D. A commercial poultry facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. Clean fans, louvers, and soffit inlets in a commercial poultry facility,

b. Use no bedding,

c. Control vegetation on building exteriors,

d. Add moisture through ventilation systems, or

e. House in fully enclosed ventilated buildings.

Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to the feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean floors and walls in a commercial poultry facility,

i. Clean aisles between cage rows,

j. Stack separated manure solids,

k. Maintain moisture in manure solids, or

l. Use of a rotary dryer to dry manure waste.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system, or

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water, or

h. Apply and maintain oil on roads or feed lanes.

E. A commercial swine facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. House in fully enclosed ventilated buildings,

b. Use no bedding,

c. Use a slatted floor system,

d. Use sloped concrete flooring,

e. Clean fans, louvers, and soffit inlets in a commercial swine facility,

f. Control vegetation on building exteriors, or

g. Add moisture through ventilation systems.

Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean pens, floors, and walls in a commercial swine facility,

i. Clean aisles between pens and stalls,

j. Store separated manure solids in a wind-blocked area,

k. Stack separated manure solids,

l. Maintain moisture in manure solids, or

m. Maintain liquid lagoon level.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system,

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water,

h. Apply and maintain oil on roads or feed lanes, or

i. Wind barrier.

F. From and after December 31, 2015, a commercial animal operator who engages in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the commercial animal operator. The Best Management Practice Program General Permit Record form shall include the following information:

1. The name of the commercial animal operator, signature, and date signed,

2. The mailing address or physical address of the commercial animal operation, and

3. The best management practices selected for Arenas, Corrals, and Pens, Animal Waste Handling and Transporting, Unpaved Access Connections, and Unpaved Roads or Feed Lanes.

G. Beginning January 1, 2016, a commercial animal operator shall maintain records demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice and any changes to the best management practices. Records shall be kept by the commercial animal operator onsite and made available for review by the Director within two business days of notice to the commercial animal operator.

H. A person may develop different practices not contained in subsection (B), (C), (D), or (E), that reduce PM and may submit such practices that are proven effective through on-operation demonstration trials to the Committee.

I. The Director shall not assess a fee to a commercial animal operator for coverage under the Best Management Practice Program General Permit Record Form.

J. A commercial animal operator shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

K. The Director shall document noncompliance with this Section before issuing a compliance order.

L. A commercial animal operator who is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(I), (J), and (K).

History

• New Section made by exempt rulemaking at 18 A.A.R. 137, effective December 29, 2011 (Supp. 11-4). Amended by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015. Amended by exempt rulemaking at 22 A.A.R. 987, effective 4/5/2016.

Ariz. Admin. Code § R18-2-611.02 Agricultural Pm General Permit for Animal Operations; Moderate Pm Nonattainment Areas Designated after June 1, 2009, except Pinal County Pm Nonattainment Area

A. A commercial animal operator within a Moderate PM Nonattainment Area, designated after June 1, 2009, shall implement at least one best management practice from each category to reduce PM emissions.

B. A commercial dairy operation shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens:

a. Use free stall housing,

b. Provide shade in corral,

c. Provide cooling in corral,

d. Cement cattle walkways to milk barn,

e. Groom manure surface,

f. Water misting systems,

g. Use drag equipment to maintain pens,

h. Pile manure between cleanings,

i. Feed green chop,

j. Keep calves in barns or hutches,

k. Do not run cattle,

l. Apply a fibrous layer, or

m. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to dairy cattle,

b. Store and maintain feed stock,

c. Covers for silage,

d. Store silage in bunkers,

e. Cover manure hauling trucks, or

f. Do not load manure trucks with dry manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install signage to limit vehicle speed to 15 mph,

b. Install speed control devices,

c. Restrict access to through traffic,

d. Install and maintain a track-out control device,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant, or

h. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant,

i. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks, or

j. Apply and maintain pavement or cement feed lanes.

C. A commercial beef cattle feedlot shall implement the following best management practices, as described in subsection (A), from each of the following categories:

Arenas, Corrals, and Pens:

a. Concrete aprons,

b. Provide shade in corral,

c. Add moisture to pen surface,

d. Manure removal,

e. Pile manure between cleanings,

f. Feed higher moisture feed to beef cattle,

g. Control cattle during movements,

h. Use drag equipment to maintain pens,

i. Apply a fibrous layer, or

j. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to beef cattle,

b. Add molasses or tallow to feed,

c. Store and maintain feed stock,

d. Bulk materials,

e. Use drag equipment to maintain pens,

f. Cover manure hauling trucks, or

g. Do not load manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install and maintain a track-out control device,

b. Apply and maintain pavement in high traffic areas,

c. Apply and maintain aggregate cover,

d. Apply and maintain synthetic particulate suppressant, or

e. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant, or

i. Apply and maintain oil on roads or feed lanes.

D. A commercial poultry facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

Arenas, Corrals, and Pens (Housing):

a. Clean fans, louvers, and soffit inlets in a commercial poultry facility,

b. Use no bedding,

c. Control vegetation on building exteriors;

d. Add moisture through ventilation systems, or

e. House in fully enclosed ventilated buildings.

2. Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to the feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean floors and walls in a commercial poultry facility,

i. Clean aisles between cage rows,

j. Stack separated manure solids, or

k. Maintain moisture in manure solids.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system, or

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water, or

h. Apply and maintain oil on roads or feed lanes.

E. A commercial swine facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. House in fully enclosed ventilated buildings,

b. Use no bedding,

c. Use a slatted floor system,

d. Use sloped concrete flooring,

e. Clean fans, louvers, and soffit inlets in a commercial swine facility,

f. Control vegetation on building exteriors, or

g. Add moisture through ventilation systems.

Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean pens, floors, and walls in a commercial swine facility,

i. Clean aisles between pens and stalls,

j. Store separated manure solids in a wind-blocked area,

k. Stack separated manure solids,

l. Maintain moisture in manure solids, or

m. Maintain liquid lagoon level.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system,

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water,

h. Apply and maintain oil on roads or feed lanes, or

i. Wind barrier

F. From and after December 31, 2015, a commercial animal operator who engages in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the commercial animal operator. The Best Management Practices Program General Permit Record Form shall include the following information:

1. The name of the commercial animal operator, signature, and date signed,

2. The mailing address or physical address of the commercial animal operation, and

3. The best management practices selected for Arenas, Corrals, and Pens, Animal Waste Handling and Transporting, Unpaved Access Connections, and Unpaved Roads or Feed Lanes.

G. Beginning January 1, 2016, a commercial animal operator shall maintain records demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice and any changes to the best management practices. Records shall be kept by the commercial animal operator onsite and ma de available for review by the Director within two business days of notice to the commercial animal operator.

H. A person may develop different practices not contained in subsection (B), (C), (D), or (F) that reduce PM and may submit such practices that are proven effective through on-operation demonstration trials to the Committee. The new best management practices shall not become effective unless submitted as describe d in A.R.S. § 49-457(L).

I. The Director shall not assess a fee to a commercial animal operator for coverage under the agricultural PM general permit

J. A commercial animal operator shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

K. The Director shall document noncompliance with this Section before issuing a compliance order.

L. A commercial animal operator who is not in compliance with this Section is subject to the provisions in A.R.S. § 49- 457(I), (J), and (K)

History

• Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-611.03 Agricultural PM General Permit for Animal Operations; Pinal County PM Nonattainment Area

A. A commercial animal operator within the Pinal County PM Nonattainment Area shall implement at least one best management practice from each of the categories identified in subsection (D)(5) and (E)(5) and two best management practices from each of the other categories to reduce PM emissions.

B. In addition to subsection (A), on the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast, commercial dairy operations within the Pinal County PM Nonattainment Area shall apply and maintain one of the four following BMPs on unpaved roads that experience more than 20 VDT from 2 or more axle vehicles:

1. Apply and maintain pavement in high traffic areas,

2. Apply and maintain aggregate cover,

3. Apply and maintain synthetic particulate suppressant, or

4. Apply and maintain water as a dust suppressant.

C. In addition to subsection (A), commercial beef feedlots within the Pinal County PM Nonattainment Area, shall add water to pen surface, as defined in R18-2-611(3)(a), on the day that is forecast to be high risk for dust generation by the Pinal County Dust Control Forecast.

D. A commercial dairy operation shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens:

a. Use free stall housing,

b. Provide shade in corral,

c. Provide cooling in corral,

d. Cement cattle walkways to milk barn,

e. Groom manure surface,

f. Water misting systems,

g. Use drag equipment to maintain pens,

h. Pile manure between cleanings,

i. Feed green chop,

j. Keep calves in barns or hutches,

k. Do not run cattle,

l. Apply a fibrous layer, or

m. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to dairy cattle,

b. Store and maintain feed stock,

c. Covers for silage,

d. Store silage in bunkers,

e. Cover manure hauling trucks, or

f. Do not load manure trucks with dry manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install signage to limit vehicle speed to 15 mph,

b. Install speed control devices,

c. Restrict access to through traffic,

d. Install and maintain a track-out control device,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant, or

h. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant,

i. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks, or

j. Apply and maintain pavement or cement feed lanes.

Unpaved Vehicle or Equipment Traffic Area:

a. Apply and maintain aggregate cover,

b. Apply and maintain synthetic particulate suppressant,

c. Apply and maintain water as a dust suppressant, or

d. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks.

E. A commercial beef cattle feedlot shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens:

a. Concrete aprons,

b. Provide shade in corral,

c. Add water to pen surface,

d. Manure removal,

e. Pile manure between cleanings,

f. Feed higher moisture feed to beef cattle,

g. Control cattle during movements,

h. Use drag equipment to maintain pens,

i. Apply a fibrous layer, or

j. Wind barrier.

2. Animal Waste (and Feed) Handling and Transporting:

a. Feed higher moisture feed to beef cattle;

b. Add molasses or tallow to feed,

c. Store and maintain feed stock,

d. Bulk materials,

e. Use drag equipment to maintain pens,

f. Cover manure hauling trucks, or

g. Do not load manure when wind exceeds 15 mph.

3. Unpaved Access Connections:

a. Install and maintain a track-out control device,

b. Apply and maintain pavement in high traffic areas,

c. Apply and maintain aggregate cover,

d. Apply and maintain synthetic particulate suppressant, or

e. Apply and maintain water as a dust suppressant.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed truck to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict access to through traffic,

e. Apply and maintain pavement in high traffic areas,

f. Apply and maintain aggregate cover,

g. Apply and maintain synthetic particulate suppressant,

h. Apply and maintain water as a dust suppressant, or

i. Apply and maintain oil on roads or feed lanes.

5. Unpaved Vehicle or Equipment Traffic Area:

a. Apply and maintain aggregate cover,

b. Apply and maintain synthetic particulate suppressant,

c. Apply and maintain water as a dust suppressant, or

d. Use appropriate vehicles such as electric carts or small utility vehicles instead of trucks.

F. A commercial poultry facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. Clean fans, louvers, and soffit inlets in a commercial poultry facility,

b. Use no bedding,

c. Control vegetation on building exteriors,

d. Add moisture through ventilation systems, or

e. House in fully enclosed ventilated buildings.

2. Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to the feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean floors and walls in a commercial poultry facility,

i. Clean aisles between cage rows,

j. Stack separated manure solids, or

k. Maintain moisture in manure solids.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system, or

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water, or

h. Apply and maintain oil on roads or feed lanes.

G. A commercial swine facility shall implement the following best management practices, as described in subsection (A), from each of the following categories:

1. Arenas, Corrals, and Pens (Housing):

a. House in fully enclosed ventilated buildings,

b. Use no bedding,

c. Use a slatted floor system,

d. Use sloped concrete flooring,

e. Clean fans, louvers, and soffit inlets in a commercial swine facility,

f. Control vegetation on building exteriors, or

g. Add moisture through ventilation systems.

Animal Waste (and Feed) Handling and Transporting:

a. Remove spilled feed,

b. Store feed,

c. Add oil and/or moisture to feed,

d. Use enclosed feed distribution system,

e. Use flexible discharge spout,

f. Minimize drop distance,

g. Enclose transfer points,

h. Clean pens, floors, and walls in a commercial swine facility,

i. Clean aisles between pens and stalls,

j. Store separated manure solids in a wind-blocked area,

k. Stack separated manure solids,

l. Maintain moisture in manure solids, or

m. Maintain liquid lagoon level.

3. Unpaved Access Connections:

a. Install speed control devices,

b. Restrict traffic access,

c. Install and maintain a track-out control system,

d. Install signage to limit vehicle speed to 15 mph.

4. Unpaved Roads or Feed Lanes:

a. Install engine speed governors on feed trucks to 15 mph,

b. Install signage to limit vehicle speed to 15 mph,

c. Install speed control devices,

d. Restrict traffic access,

e. Apply and maintain aggregate cover,

f. Apply and maintain synthetic particulate suppressant,

g. Apply and maintain water,

h. Apply and maintain oil on roads or feed lanes, or

i. Wind barrier.

H. From and after December 31, 2015, a commercial animal operator who engages in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the commercial animal operator. The Best Management Practices Program General Permit Record Form shall include the following information:

1. The name of the commercial animal operator, signature, and date signed,

2. The mailing address or physical address of the commercial animal operation, and

3. The best management practices selected for Arenas, Corrals, and Pens, Animal Waste Handling and Transporting, Unpaved Access Connections, and Unpaved Roads or Feed Lanes.

I. Beginning in calendar year 2017, and no more than once every subsequent three calendar years, the Director shall provide the commercial animal operator with a Best Management Practices Program 3-year Survey. The commercial animal operator shall complete the Survey with data from the preceding calendar year and submit the Survey to the Arizona Department of Agriculture (ADA) by January 31, 2018, and every three years thereafter. The Survey information submitted to the ADA shall be compiled by the ADA in a format that does not refer to a commercial animal operator's name, shall aggregate the data from the Surveys received, and be submitted to the Department. The 3-year Survey shall include the following information:

1. The name, business address, and phone number of the commercial farmer responsible for the preparation and implementation of the best management practices;

2. The signature of the commercial farmer and the date the form was signed;

The number of animals in a commercial dairy operation, beef cattle feed lot, poultry facility or swine facility;

4. The total miles of unpaved roads at the commercial dairy operation, beef cattle feed lot, poultry facility or swine facility;

5. The total acreage of the unpaved access connections and equipment areas at the commercial dairy operation, beef cattle feed lot, poultry facility or swine facility;

6. The best management practices selected for each category; and

7. For commercial dairy operations and beef cattle feedlots, an acknowledgment that water was applied on the day of a high risk day as predicted by the Pinal County Dust Control Forecast.

J. Beginning January 1, 2016, a commercial animal operator shall maintain records demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice and any changes to the best management practices. Records shall be kept by the commercial animal operator onsite and made available for review by the Director within two business days of notice to the commercial animal operator.

K. A person may develop different practices not contained in subsection (D), (E), (F), or (G) that reduce PM and may submit such practices that are proven effective through on-operation demonstration trials to the Committee.

L. The Director shall not assess a fee to a commercial animal operator for coverage under the agricultural PM general permit.

M. A commercial animal operator shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

N. The Director shall document noncompliance with this Section before issuing a compliance order.

O. A commercial animal operator who is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(J), (K), and (L).

History

• Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015. Amended by final exempt rulemaking at 27 A.A.R. 2747, effective 11/3/2021.

Ariz. Admin. Code § R18-2-612 Definitions for R18-2-612.01

1. "Access restriction" means restricting or eliminating public access to noncropland with signs or physical obstruction.

2. "Aggregate cover" means gravel, concrete, recycled road base, caliche, or other similar material applied to non-cropland.

3. "Artificial wind barrier" means a physical barrier to the wind.

4. "Bed row spacing" means increasing or decreasing the size of a planting bed area to reduce the number of passes and soil disturbance by increasing plant density.

5. "Best management practice" means a technique verified by scientific research, that on a case-by-case basis is practical, economically feasible, and effective in reducing PM10 emissions from a regulated agricultural activity.

6. "Chemical irrigation" means applying a fertilizer, pesticide, or other agricultural chemical to cropland through an irrigation system.

7. "Combining tractor operations" means performing two or more tillage, cultivation, planting, or harvesting operations with a single tractor or harvester pass.

8. "Commercial farm" means 10 or more contiguous acres of land used for agricultural purposes within the boundary of the Yuma PM10 nonattainment area.

9. "Commercial farmer" means an individual, entity, or joint operation in general control of a commercial farm.

10. "Conservation irrigation" means the use of drips, sprinklers, or underground lines to conserve water, and to reduce the weed population, the need for tillage, and soil compaction.

11. "Conservation tillage" means types of tillage that reduce the number of passes and the amount of soil disturbance.

12. "Cover crop" means plants or a green manure crop grown for seasonal soil protection or soil improvement.

13. "Critical area planting" means using trees, shrubs, vines, grasses, or other vegetative cover on noncropland.

14. "Cropland" means land on a commercial farm that:

a. Is within the time-frame of final harvest to plant emergence;

b. Has been tilled in a prior year and is suitable for crop production, but is currently fallow; or

c. Is a turn-row.

15. "Cross-wind ridges" means soil ridges formed by a tillage operation.

16. "Cross-wind strip-cropping" means planting strips of alternating crops within the same field.

17. "Cross-wind vegetative strips" means herbaceous cover established in one or more strips within the same field.

18. "Equipment modification" means modifying agricultural equipment to prevent or reduce particulate matter generation from cropland.

19. "Limited activity during a high-wind event" means performing no tillage or soil preparation activity when the measured wind speed at six feet in height is more than 25 mph at the commercial farm site.

20. "Manure application" means applying animal waste or biosolids to a soil surface.

21. "Mulching" means applying plant residue or other material that is not produced onsite to a soil surface.

22. "Multi-year crop" means a crop, pasture, or orchard that is grown, or will be grown, on a continuous basis for more than one year.

23. "Night farming" means performing regulated agricultural activities at night when moisture levels are higher and winds are lighter.

24. "Noncropland" means any commercial farmland that:

a. Is no longer used for agricultural production;

b. Is no longer suitable for production of crops;

c. Is subject to a restrictive easement or contract that prohibits use for the production of crops; or

d. Includes a private farm road, ditch, ditch bank, equipment yard, storage yard, or well head.

25. "Permanent cover" means a perennial vegetative cover on cropland.

26. "Planting based on soil moisture" means applying water to soil before performing planting operations.

27. "Precision farming" means use of satellite navigation to calculate position in the field, to reduce overlap during field operations, and allow operations to occur during nighttime and inclement weather, thus generating less PM10.

28. "Reduce vehicle speed" means operating farm vehicles or farm equipment on unpaved farm roads at speeds not to exceed 20 mph.

29. "Reduced harvest activity" means reducing the number of harvest passes using a mechanized method to cut and remove crops from a field.

30. "Regulated agricultural activity" means a commercial farming practice that may produce PM10 within the Yuma PM10 nonattainment area.

31. "Residue management" means managing the amount and distribution of crop and other plant residues on a soil surface.

32. "Sequential cropping" means growing crops in a sequence that minimizes the amount of time bare soil is exposed on a field.

33. "Surface roughening" means manipulating a soil surface to produce or maintain clods.

34. "Synthetic particulate suppressant" means a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, and polyacrylamide, an emulsion of a petroleum product, and an enzyme product that is used to control particulate matter.

35. "Tillage and harvest" means any mechanical practice that physically disturbs cropland or crops on a commercial farm.

36. "Tillage based on soil moisture" means applying water to soil before or during tillage, or delaying tillage to coincide with precipitation.

37. "Timing of a tillage operation" means performing tillage operations at a time that will minimize the soil's susceptibility to generate PM10.

38. "Transgenic crops" means the use of genetically modified crops such as "herbicide ready" crops, which reduces the need for tillage or cultivation operations, and reduces soil disturbance.

39. "Track-out control system" means a device to remove mud or soil from a vehicle before the vehicle enters a paved public road.

40. "Tree, shrub, or windbreak planting" means providing a woody vegetative barrier to the wind.

41. "Watering" means applying water to noncropland.

42. "Yuma PM10 nonattainment area" means the Yuma PM10 planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210 .

The definitions in R18-2-101 and the following definitions apply to R18-2-612.01:

1. "Access restriction" means reducing PM emission by reducing the number of trips driven on unpaved operation and maintenance and unpaved utility roads by restricting or eliminating public access by the used of signs or physical obstruction at locations that effectively control access to roads.

2. "Aggregate cover" means reducing PM emissions, wind erosion and stabilizing soil by applying and maintaining gravel, concrete, recycled road base, caliche, or other similar material to unpaved roads. The aggregate should be clean, hard and durable, and should be applied a depth sufficient to create soil stabilization in accordance with material specifications. A minimum depth of three inches is the standard in the absence of such specifications.

"Apply and maintain water" means reducing PM emissions and wind erosion by applying water to bare soil surfaces until the surfaces are visibly moist.

4. "Best management practice" means a technique verified by scientific research, that on a case-by-case basis is practical, economically feasible, and effective in reducing PM emissions from a regulated agricultural activity.

5. "Biological control of aquatic weeds" means reducing at least one trip, or to one trip if only one trip is needed, per treatment, made by vehicles for the purposes of removing aquatic weeds from canals by using fish, and other biologic means, within the canal through the use of to control the growth of aquatic weeds that reduce operating capacities and create debris that causes other operational issues.

6. "Canals" means facilities constructed for the sole purpose of the control, conveyance, and delivery of water. These facilities may be either open earthen channels, lined or unlined, or buried pipelines, which are used to convey water uphill and under obstructions, such as roadways and wash and river channels. These facilities include, but are not limited to, gate, inlet, outlet, safety, and measuring structures required to control water along the canals and deliver water to irrigation district customers, as well as compacted earthen banks constructed to protect these facilities from storm runoff events.

7. "Committee" means the Governor's Agricultural Best Management Practices Committee.

8. "Debris" means trash, rubble, and other non-soil materials.

9. "Dredge canals" means reducing PM emissions by mechanically removing muck, debris, and other foreign objects from canals while material is still wet or damp.

10. "Dust Control Forecast" means a forecast, which shall identify a low, moderate or high risk of dust generation for the next five consecutive days and shall be issued by noon on each day the forecast is generated. When developing these forecasts, the department shall consider all of the following:

a. Projected meteorological conditions, including:

i. Wind speed and direction,

ii. Stagnation,

iii. Recent precipitation, and

iv. Potential for precipitation;

b. Existing concentrations of air pollution at the time of the forecast; and

c. Historic air pollution concentrations that have been observed during meteorological conditions similar to those that are predicted to occur in the forecast.

11. "Earth materials" means natural materials covering the ground surface, which includes, but are not limited to, dirt, rocks, or soil.

12. "Grading roadways" means mechanically smoothing and compacting the roadway surface.

13. "Irrigation District" means a political subdivision, governed by title 48, chapter 19.

14. "Limit activity" means performing only critical operational or emergency activity on a day forecast to be high risk for dust generation as forecasted by the Pinal County Dust Control Forecast.

15. "Major earth moving activities" means the mechanical movement of earth materials to reconstruct, relocate, reshape, reconfigure canals, including operation and maintenance roads and utility access roads.

"Maricopa PM nonattainment area" means the Phoenix planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210.

17. "Minor earth moving activities" means the mechanical movement of earth materials to repair and maintain the existing configuration, location, bank slopes, or inclines of canals.

18. "Muck" means water that is saturated with mud, dirt, and soil, which accumulates over time along the bottom of canals.

19. "Paved Public Road" means any paved roadways that are open to public travel and maintained by a City, County, or the State.

"Pinal County PM Nonattainment Area" means the West Pinal PM₁₀ planning area and the West Central PM_2.5planning area, as defined in 40 CFR 81.303, and incorporated by reference in R18-2-210.

21. "PM" includes both particulate matter with an aerodynamic diameter less than or equal to a nominal 2.5 micrometers as measured by a reference method based on 40 CFR 50 Appendix L, or by an equivalent method designated according to 40 CFR 53 ; and particulate matter with an aerodynamic diameter less than or equal to a nominal 10 micrometers as measured by a reference method contained within 40 CFR 50 Appendix J or by an equivalent method designated in accordance with 40 CFR 53, as incorporated by reference in Appendix 2.

22. "Reduce vehicle speed" means reducing PM emissions and soil erosion from the use of vehicles owned or operated by the irrigation district on unpaved operation, maintenance, and utility access roads, at speeds not to exceed 25 mph. This can be achieved through worker behavior modifications, signage, or any other necessary means.

23. "Regulated agricultural activity" means activities of an irrigation district, which affects those lands and facilities that are under the jurisdiction and control of an irrigation district, as described in § 49-457(P)(1)(f) and A.R.S. § 49-457(P)(5)(b).

24. "Regulated area" means a regulated area as defined in A.R.S. § 49-457(P)(6)(c).

25. "Sediment" means muck that has dried after removal from canals.

"Supervisory control system" means a system that allows the irrigation district to control operational structures from a remote computer location in order to reduce at least one trip made by vehicles to access structures for operational purposes.

27. "Synthetic or natural particulate suppressant" means reducing PM emissions and wind erosion by providing a stabilized soil surface with organic material, such as muck, animal waste or biosolids, or with a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, an emulsion of a petroleum product, an enzyme product, or polyacrylamide.

28. "Track-out control system" means minimizing any and all material that adheres to and agglomerates on all vehicles and equipment and falls onto paved public roads or shoulders to paved public roads by using a device or system to remove mud or soil from a vehicle or equipment before the vehicle enters a paved public road. Devices such as a grizzly, a gravel pad or a wheel wash system can be used.

29. "Unauthorized use" means any travel or access by non-district personnel in non-district vehicles along roadways under the control of an irrigation district without the permission of the irrigation district.

30. "Unpaved operation and maintenance roads" means unpaved roadways that lay adjacent to canals, which provide access for irrigation district personnel and equipment for direct operation and maintenance of canals, and are under the control of the irrigation district.

31. "Unpaved utility access roads" means unpaved roadways used to provide access to canals, and also includes office and shop facilities, equipment yards, staging areas and other lands under the control of the irrigation district.

32. "Weed management" means reducing at least one trip made by vehicles for the purposes of removing weeds by using a combination of techniques, including organic, chemical, or biological means, to control weeds along canal banks and land surfaces not used for conveying water, excluding unpaved roadways.

"Wind barrier" means reducing PM₁₀ emissions and wind erosion by constructing a fence or structure, or providing a woody vegetative barrier by planting a row of trees or shrubs, perpendicular or across the prevailing wind direction to reduce wind speed by changing the pattern of air flow over the land surface. For fences and structures, the wind barrier shall have a density of no less than 50% and the height of the wind barrier must be proportionate to the downwind protected area. The downwind protected area is considered ten times the height of the wind barrier. For vegetative barriers, compliance shall be determined by NRCS Conservation Practice Standard, Code 380, Wind-break/Shelterbelt Establishment, amended through August 21, 2009 (and no future editions).

History

• New Section R18-2-612 renumbered from R18-2-610 at 6 A.A.R. 2009, effective May 12, 2000 (Supp. 00-2). Former Section R18-2-612 renumbered to R18-2-614; new Section R18-2-612 made by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 (Supp. 05-2). Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-612.01 Agricultural Pm General Permit for Irrigation Districts; Pm Nonattainment Areas Designated after June 1, 2009

A. An irrigation district within a PM Nonattainment Area, designated after June 1, 2009, shall implement at least one best management practice from each of the following categories to reduce PM emissions:

1. Unpaved operation and maintenance roads:

a. Access restriction,

b. Apply and maintain aggregate cover,

c. Install supervisory control system to limit vehicle travel,

d. Limit activity,

e. Install signage to limit vehicle speed to 25 mph,

f. Post warning signs for unauthorized use at point of entry to roads,

g. Reduce vehicle speed,

h. Install and maintain a track-out control system,

i. Apply and maintain synthetic or natural particulate suppressant,

j. Apply and maintain water before, during, and after major and minor earth moving activities,

k. Apply and maintain water when grading roadways,

l. Use paved non-district or paved public roads to access structures, or

m. Install wind barriers.

2. Canals:

a. Dredge canals while muck or debris is still wet,

b. Dispose of muck or debris while still damp,

c. Weed management,

d. Biological control of aquatic weeds, or

e. Apply and maintain water before, during and after major and minor earth moving activities.

3. Unpaved utility access roads:

a. Access restriction,

b. Apply and maintain aggregate cover,

c. Limit activity,

d. Install signage to limit vehicle speed to 25 mph,

e. Post warning signs for unauthorized use at points of entry to roads,

f. Reduce vehicle speed,

g. Install and maintain a track-out control system,

h. Apply and maintain pavement,

i. Apply and maintain synthetic or natural particulate suppressant,

j. Apply and maintain water before, during and after major and minor earth moving activities,

k. Apply and maintain water when grading roadways,

l. Use paved non-district or paved public roads to access structures, or

m. Install wind barriers.

B. From and after December 31, 2015, an irrigation district engaged in a regulated agricultural activity shall complete a Best Management Practices Program General Permit Record Form. Thereafter, a new Best Management Practices Program General Permit Record Form shall be completed every year by March 31. The Form shall be provided to the Director within two business days of notice to the irrigation district. The Best Management Practice Program General Permit Record form shall include the following information:

1. The name, business address, and of the of the irrigation district representative responsible for the preparation and implementation of the best management practices;

2. The signature of the irrigation district representative and the date the form was signed; and

3. The best management practice selected for unpaved operation and utility roads, canals, and unpaved utility access roads.

C. Beginning in calendar year 2017, and no more than once every subsequent three calendar years, the Director, in conjunction with the Arizona Department of Agriculture, shall provide the irrigation district with a Best Management Practices Program 3-year Survey. The irrigation district shall complete the Survey with data from the preceding calendar year and submit the Survey to the Arizona Department of Agriculture (ADA) by January 31, 2018, and every three years thereafter. The Survey information submitted to the ADA shall be compiled by the ADA then be submitted to the Department. The 3-year Survey shall include the following information:

1. The name, business address, and phone number of the irrigation district representative responsible for the preparation and implementation of the best management practices;

2. The signature of the irrigation district representative and the date the form was signed;

3. The total miles of canals that the irrigation district controls;

The total miles of unpaved operation and maintenance roads;

5. The total miles of the unpaved utility access roads; and

6. The best management practices selected for unpaved operation and utility roads, canals, and unpaved utility access roads.

D. Records of any changes to those Best Management Practices shall be noted on the Best Management Practices Program General Permit Record Form and shall be kept by the irrigation district onsite and made available for review by the Director within two business days of notice to the irrigation district by the Department.

E. An irrigation district may develop different practices not contained in either of the categories of subsection (A)(1), (A)(2), or (A)(3) that reduce PM and may submit such practices that are proven effective through in-district trials. The proposed new practices shall not become effective unless submitted as described in A.R.S. § 49-457(L).

F. An irrigation district shall maintain a record demonstrating compliance with this Section for three years. Records shall include a copy of the complete Best Management Practice Program General Permit Record Form to confirm implementation of each best management practice.

G. The Director shall not assess a fee to an irrigation district for coverage under the agricultural PM general permit.

H. An irrigation district shall ensure that the implementation of all selected best management practices does not violate any other local, state, or federal law.

I. The Director shall document noncompliance with this Section before issuing a compliance order.

J. An irrigation district that is not in compliance with this Section is subject to the provisions in A.R.S. § 49-457(I), (J), and (K).

History

• Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-613 Definitions for R18-2-613.01

A. A commercial farmer shall comply with this Section by August 1, 2005.

B. A commercial farmer who begins a regulated agricultural activity after August 1, 2005, shall comply with this Section within 60 days after beginning the regulated agricultural activity.

C. A commercial farmer shall implement at least one of the best management practices from each of the following categories at each commercial farm:

1. Tillage and harvest, subsection (E);

2. Noncropland, subsection (F); and

3. Cropland, subsection (G).

D. A commercial farmer shall ensure that the implementation of each selected best management practice does not violate any other local, state, or federal law.

E. A commercial farmer shall implement at least one of the following best management practices to reduce PM10 emissions from tillage and harvest:

1. Bed row spacing,

2. Chemical irrigation,

3. Combining tractor operations,

4. Conservation irrigation,

5. Conservation tillage,

6. Equipment modification,

7. Limited activity during a high-wind event,

8. Multi-year crop,

9. Night farming,

10. Planting based on soil moisture,

11. Precision farming,

12. Reduced harvest activity,

13. Tillage based on soil moisture,

14. Timing of a tillage operation, or

15. Transgenic crops.

F. A commercial farmer shall implement at least one of the following best management practices to reduce PM10 emissions from noncropland:

1. Access restriction;

2. Aggregate cover;

3. Artificial wind barrier;

4. Critical area planting;

5. Manure application;

6. Reduce vehicle speed;

7. Synthetic particulate suppressant;

8. Track-out control system;

9. Tree, shrub, or windbreak planting; or

10. Watering.

G. A commercial farmer shall implement at least one of the following best management practices to reduce PM10 emissions from cropland:

1. Artificial wind barrier;

2. Cover crop;

3. Cross-wind ridges;

4. Cross-wind strip-cropping;

5. Cross-wind vegetative strips;

6. Manure application;

7. Mulching;

8. Multi-year crop;

9. Permanent cover;

10. Planting based on soil moisture;

11. Precision farming;

12. Residue management;

13. Sequential cropping;

14. Surface roughening; or

15. Tree, shrub, or windbreak planting.

H. A person may develop different practices not contained in subsections (E), (F), or (G) that reduce PM10. A person may submit practices that are proven effective through on-farm demonstration trials to the Director. The Director shall review the submitted practices.

I. A commercial farmer shall maintain records demonstrating compliance with this Section. The commercial farmer shall provide the records to the Director within two business days of written notice to the commercial farmer. The records shall contain:

1. The name of the commercial farmer,

2. The mailing address or physical location of the commercial farm, and

3. The best management practices selected for tillage and harvest, noncropland, and cropland by the commercial farmer, and the date each best management practice was implemented.

1. "Access restriction" means restricting or eliminating public access to noncropland with signs or physical obstruction.

2. "Aggregate cover" means gravel, concrete, recycled road base, caliche, or other similar material applied to non-cropland.

"Artificial wind barrier" means a physical barrier to the wind.

4. "Bed row spacing" means increasing or decreasing the size of a planting bed area to reduce the number of passes and soil disturbance by increasing plant density.

5. "Best management practice" means a technique verified by scientific research, that on a case-by-case basis is practical, economically feasible, and effective in reducing PM₁₀ emissions from a regulated agricultural activity.

6. "Chemical irrigation" means applying a fertilizer, pesticide, or other agricultural chemical to cropland through an irrigation system.

7. "Combining tractor operations" means performing two or more tillage, cultivation, planting, or harvesting operations with a single tractor or harvester pass.

8. "Commercial farm" means 10 or more contiguous acres of land used for agricultural purposes within the boundary of the Yuma PM₁₀ nonattainment area.

9. "Commercial farmer" means an individual, entity, or joint operation in general control of a commercial farm.

10. "Conservation irrigation" means the use of drips, sprinklers, or underground lines to conserve water, and to reduce the weed population, the need for tillage, and soil compaction.

11. "Conservation tillage" means types of tillage that reduce the number of passes and the amount of soil disturbance.

12. "Cover crop" means plants or a green manure crop grown for seasonal soil protection or soil improvement.

13. "Critical area planting" means using trees, shrubs, vines, grasses, or other vegetative cover on noncropland.

14. "Cropland" means land on a commercial farm that:

a. Is within the time-frame of final harvest to plant emergence;

b. Has been tilled in a prior year and is suitable for crop production, but is currently fallow; or

c. Is a turn-row.

15. "Cross-wind ridges" means soil ridges formed by a tillage operation.

"Cross-wind strip-cropping" means planting strips of alternating crops within the same field.

17. "Cross-wind vegetative strips" means herbaceous cover established in one or more strips within the same field.

"Equipment modification" means modifying agricultural equipment to prevent or reduce particulate matter generation from cropland.

19. "Limited activity during a high-wind event" means performing no tillage or soil preparation activity when the measured wind speed at six feet in height is more than 25 mph at the commercial farm site.

20. "Manure application" means applying animal waste or biosolids to a soil surface.

21. "Mulching" means applying plant residue or other material that is not produced onsite to a soil surface.

22. "Multi-year crop" means a crop, pasture, or orchard that is grown, or will be grown, on a continuous basis for more than one year.

23. "Night farming" means performing regulated agricultural activities at night when moisture levels are higher and winds are lighter.

"Noncropland" means any commercial farmland that:

a. Is no longer used for agricultural production;

b. Is no longer suitable for production of crops;

c. Is subject to a restrictive easement or contract that prohibits use for the production of crops; or

d. Includes a private farm road, ditch, ditch bank, equipment yard, storage yard, or well head.

25. "Permanent cover" means a perennial vegetative cover on cropland.

"Planting based on soil moisture" means applying water to soil before performing planting operations.

"Precision farming" means use of satellite navigation to calculate position in the field, to reduce overlap during field operations, and allow operations to occur during nighttime and inclement weather, thus generating less PM₁₀.

"Reduce vehicle speed" means operating farm vehicles or farm equipment on unpaved farm roads at speeds not to exceed 20 mph.

29. "Reduced harvest activity" means reducing the number of harvest passes using a mechanized method to cut and remove crops from a field.

30. "Regulated agricultural activity" means a commercial farming practice that may produce PM₁₀ within the Yuma PM₁₀ nonattainment area.

31. "Residue management" means managing the amount and distribution of crop and other plant residues on a soil surface.

"Sequential cropping" means growing crops in a sequence that minimizes the amount of time bare soil is exposed on a field.

33. "Surface roughening" means manipulating a soil surface to produce or maintain clods.

34. "Synthetic particulate suppressant" means a manufactured product such as lignosulfate, calcium chloride, magnesium chloride, and polyacrylamide, an emulsion of a petroleum product, and an enzyme product that is used to control particulate matter.

35. "Tillage and harvest" means any mechanical practice that physically disturbs cropland or crops on a commercial farm.

36. "Tillage based on soil moisture" means applying water to soil before or during tillage, or delaying tillage to coincide with precipitation.

37. "Timing of a tillage operation" means performing tillage operations at a time that will minimize the soil's susceptibility to generate PM₁₀.

38. "Transgenic crops" means the use of genetically modified crops such as "herbicide ready" crops, which reduces the need for tillage or cultivation operations, and reduces soil disturbance.

39. "Track-out control system" means a device to remove mud or soil from a vehicle before the vehicle enters a paved public road.

"Tree, shrub, or windbreak planting" means providing a woody vegetative barrier to the wind.

41. "Watering" means applying water to noncropland.

"Yuma PM₁₀ nonattainment area" means the Yuma PM₁₀ planning area as defined in 40 CFR 81.303, which is incorporated by reference in R18-2-210.

History

• New Section made by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 (Supp. 05-2). Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-613.01 Yuma Pm[10] Nonattainment Area; Agricultural Best Management Practices

A. A commercial farmer shall comply with this Section by August 1, 2005.

B. A commercial farmer who begins a regulated agricultural activity after August 1, 2005, shall comply with this Section within 60 days after beginning the regulated agricultural activity.

C. A commercial farmer shall implement at least one of the best management practices from each of the following categories at each commercial farm:

Tillage and harvest, subsection (E);

2. Noncropland, subsection (F); and

3. Cropland, subsection (G).

D. A commercial farmer shall ensure that the implementation of each selected best management practice does not violate any other local, state, or federal law.

E. A commercial farmer shall implement at least one of the following best management practices to reduce PM₁₀ emissions from tillage and harvest:

1. Bed row spacing,

2. Chemical irrigation,

3. Combining tractor operations,

4. Conservation irrigation,

5. Conservation tillage,

6. Equipment modification,

7. Limited activity during a high-wind event,

8. Multi-year crop,

9. Night farming,

10. Planting based on soil moisture,

11. Precision farming,

12. Reduced harvest activity,

13. Tillage based on soil moisture,

14. Timing of a tillage operation, or

15. Transgenic crops.

F. A commercial farmer shall implement at least one of the following best management practices to reduce PM₁₀ emissions from noncropland:

1. Access restriction;

2. Aggregate cover;

3. Artificial wind barrier;

4. Critical area planting;

5. Manure application;

6. Reduce vehicle speed;

7. Synthetic particulate suppressant;

8. Track-out control system;

9. Tree, shrub, or windbreak planting; or

Watering.

G. A commercial farmer shall implement at least one of the following best management practices to reduce PM₁₀ emissions from cropland:

1. Artificial wind barrier;

2. Cover crop;

3. Cross-wind ridges;

4. Cross-wind strip-cropping;

5. Cross-wind vegetative strips;

6. Manure application;

7. Mulching;

8. Multi-year crop;

9. Permanent cover;

10. Planting based on soil moisture;

11. Precision farming;

12. Residue management;

13. Sequential cropping;

14. Surface roughening; or

15. Tree, shrub, or windbreak planting.

H. A person may develop different practices not contained in subsections (E), (F), or (G) that reduce PM₁₀. A person may submit practices that are proven effective through demonstration trials to the Director. The Director shall review the submitted practices.

I. A commercial farmer shall maintain records demonstrating compliance with this Section. The commercial farmer shall provide the records to the Director within two business days of written notice to the commercial farmer. The records shall contain:

1. The name of the commercial farmer,

2. The mailing address or physical location of the commercial farm, and

3. The best management practices selected for tillage and harvest, noncropland, and cropland by the commercial farmer, and the date each best management practice was implemented.

History

• Adopted by exempt rulemaking at 30 A.A.R. 1156, effective 7/2/2015.

Ariz. Admin. Code § R18-2-614 Evaluation of Nonpoint Source Emissions

Opacity of an emission from any nonpoint source shall not be greater than 40% measured according to the 40 CFR 60, Appendix A, Reference Method 9. An open fire permitted under R18-2-602 or regulated under Article 15 is exempt from this requirement.

History

• Section R18-2-614 renumbered from R18-2-612; amended by final rulemaking at 11 A.A.R. 2210, effective July 18, 2005 (Supp. 05-2). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Article 7 EXISTING STATIONARY SOURCE PERFORMANCE STANDARDS

Ariz. Admin. Code § R18-2-701 Definitions

For purposes of this Article:

1. "Acid mist" means sulfuric acid mist as measured in the Arizona Testing Manual and 40 CFR 60, Appendix A.

2. "Architectural coating" means a coating used commercially or industrially for residential, commercial or industrial buildings and their appurtenances, structural steel, and other fabrications such as storage tanks, bridges, beams and girders.

3. "Asphalt concrete plant" means any facility used to manufacture asphalt concrete by heating and drying aggregate and mixing with asphalt cements. This is limited to facilities, including drum dryer plants that introduce asphalt into the dryer, which employ two or more of the following processes:

a. A dryer.

b. Systems for screening, handling, storing, and weighing hot aggregate.

c. Systems for loading, transferring, and storing mineral filler.

d. Systems for mixing asphalt concrete.

e. The loading, transferring, and storage systems associated with emission control systems.

4. "Black liquor" means waste liquor from the brown stock washer and spent cooking liquor which have been concentrated in the multiple-effect evaporator system.

5. "Boiler" means an enclosed fossil- or other fuel-fired combustion device used to produce heat and to transfer heat to recirculating water, steam, or other medium.

6. "Bottoming-cycle cogeneration unit" means a cogeneration unit in which the energy input to the unit is first used to produce useful thermal energy and at least some of the reject heat from the useful thermal energy application or process is then used for electricity production.

7 5. "Calcine" means the solid materials produced by a lime plant.

8 6. "Coal" means any solid fuel classified as anthracite, bituminous, subbituminous, or lignite by the ASTM Method D388-05 "Standard Classification of Coals by Rank" and coal refuse.

Synthetic fuels derived from coal for the purpose of creating useful heat including but not limited to, coal derived gases (not meeting the definition of natural gas), solvent-refined coal, coal-oil mixtures, and coal-water mixtures, are considered "coal" for the purposes of this subpart.

9. "Coal-derived fuel" means any fuel (whether in a solid, liquid, or gaseous state) produced by the mechanical, thermal or chemical processing of coal.

10. "Coal-fired" means combusting any amount of coal or coal-derived fuel, alone or in combination with any amount of any other fuel, during any year.

7. "Coal refuse" means any by-product of coal mining, physical coal cleaning, and coal preparation operations (e.g., culm, gob, etc.) containing coal, matrix material, clay, and other organic and inorganic material with an ash content greater than 50 percent (by weight) and a heating value less than 13,900 kilojoules per kilogram (6,000 Btu per pound) on a dry basis.

11. "Cogeneration unit" means a stationary coal-fired boiler or stationary coal-fired combustion turbine:

a. Having equipment used to produce electricity and useful thermal energy for industrial, commercial, heating, or cooling purposes through the sequential use of energy; and

b. Producing during the 12-month period starting on the date the unit first produces electricity and during any calendar year after which the unit first produces electricity:

i. For a topping-cycle cogeneration unit: useful thermal energy not less than 5% of total energy output; and useful power that, when added to one-half of useful thermal energy produced, is not less than 42.5% of total energy input, if useful thermal energy produced is 15% or more of total energy output, or not less than 45% of total energy input, if useful thermal energy produced is less than 15% of total energy output; and

ii. For a bottoming-cycle cogeneration unit, useful power not less than 45% of total energy input.

12. "Combustion turbine" means:

a. An enclosed device comprising a compressor, a combustor, and a turbine and in which the flue gas resulting from the combustion of fuel in the combustor passes through the turbine, rotating the turbine; and

b. If the enclosed device under subsection (12)(a) is combined cycle, any associated heat recovery steam generator and steam turbine.

13. "Commercial operation" means the time when the owner or operator supplies electricity for sale or use, including test generation.

14 8. "Concentrate" means enriched copper ore recovered from the froth flotation process.

15 9. "Concentrate dryer" means any facility in which a copper sulfide ore concentrate charge is heated in the presence of air to eliminate a portion of the moisture from the charge, provided less than 5% of the sulfur contained in the charge is eliminated in the facility.

16 10. "Concentrate roaster" means any facility in which a copper sulfide ore concentrate is heated in the presence of air to eliminate 5% or more of the sulfur contained in the charge.

17 11. "Condensate stripper system" means a column, and associated condensers, used to strip, with air or steam, TRS compounds from condensate streams from various processes within a kraft pulp mill.

18 12. "Control device" means the air pollution control equipment used to remove particulate matter or gases generated by a process source from the effluent gas stream.

19 13. "Converter" means any vessel to which copper matte is charged and oxidized to copper.

20 14. "Electric generating plant" means all electric generating units located at a stationary source.

21 15. "Electric generating unit" means a combustion unit of more than 25 megawatts electric that serves a generator that produces electricity for sale and that burns coal for more than 10.0 percent of the average annual heat input during any three consecutive calendar years or for more than 15.0 percent of the annual heat input during any one calendar year. A unit that cogenerates steam and electricity and supplies more than one-third of its potential electric output capacity and more than 25 megawatts electric output to any utility power distribution system for sale is considered an electric generating unit.

a. A stationary, coal-fired boiler or stationary coal-fired combustion turbine, other than a boiler or turbine that qualifies as a cogeneration unit, serving at any time since the start-up of a unit's combustion chamber a generator with nameplate capacity of more than 25 megawatts electric producing electricity for sale. If a unit qualifies as a cogeneration unit during the 12-month period starting the date the unit first produces electricity but subsequently no longer qualifies as a cogeneration unit, the unit shall be an electric generating unit on the day which the unit no longer qualifies as a cogeneration unit.

b. A cogeneration unit serving at any time a generator with nameplate capacity of more than 25 megawatts and supplying in any calendar year more than one-third of the unit's potential electric output capacity or 219,000 megawatt-hours, whichever is greater, to any utility power distribution system for sale.

22. "Existing electric generating plant" means all electric generating units located at a stationary source during a control period other than units that have not been allocated allowances to emit mercury pursuant to 40 CFR 60.4142(b) for that control period.

23 16. "Existing source" means any source which does not have an applicable new source performance standard under Article 9 of this Chapter.

24 17. "Facility" means an identifiable piece of stationary process equipment along with all associated air pollution equipment.

"Federal mercury standards" means the emissions limits, monitoring, testing, recordkeeping, reporting and notification requirements applicable or relating to emissions of mercury from electric generating units under 40 CFR Part 63, Subpart UUUUU.

25 19. "Fugitive dust" means fugitive emissions of particulate matter.

26 20. "High sulfur oil" means fuel oil containing 0.90% or more by weight of sulfur.

27. "Incremental best available control technology" means an emission limitation based on the maximum degree of additional reductions, if any, in mercury beyond those achieved by existing controls installed under R18-2-724(F), taking into account incremental energy, environmental, and economic impacts, market prices of mercury allowances, balance of plant impacts, and other incremental costs, determined by the Director to be achievable and to be compatible with existing control technology installed at the electric generating unit. Incremental best available control technology shall be determined on a case-by-case basis and shall not be more stringent than the limits in R18-2-734(B) .

28 21. "Inlet mercury" means the average concentration of mercury in the coal burned at an electric generating unit, as determined by ASTM methods, EPA-approved methods or alternative methods approved by the Director.

29 22. "Lime kiln" means a unit used to calcinate lime rock or kraft pulp mill lime mud, which consists primarily of calcium carbonate, into quicklime, which is calcium oxide.

30 23. "Low sulfur oil" means fuel oil containing less than 0.90% by weight of sulfur.

31 24. "Matte" means a metallic sulfide made by smelting copper sulfide ore concentrate or the roasted product of copper sulfide ores.

32 25. "Mercury" means mercury or mercury compounds in either a gaseous or particulate form.

33 26. "Miscellaneous metal parts and products" for purposes of industrial coating include all of the following:

a. Large farm machinery, such as harvesting, fertilizing and planting machines, tractors, and combines;

b. Small farm machinery, such as lawn and garden tractors, lawn mowers, and rototillers;

c. Small appliances, such as fans, mixers, blenders, crock pots, dehumidifiers, and vacuum cleaners;

d. Commercial machinery, such as office equipment, computers and auxiliary equipment, typewriters, calculators, and vending machines;

e. Industrial machinery, such as pumps, compressors, conveyor components, fans, blowers, and transformers;

f. Fabricated metal products, such as metal-covered doors and frames;

g. Any other industrial category which coats metal parts or products under the Code in the "Standard Industrial Classification Manual, 1987" of Major Group 33 (primary metal industries), Major Group 34 (fabricated metal products), Major Group 35 (non-electric machinery), Major Group 36 (electrical machinery), Major Group 37 (transportation equipment), Major Group 38 (miscellaneous instruments), and Major Group 39 (miscellaneous manufacturing industries), except all of the following:

i. Automobiles and light-duty trucks;

ii. Metal cans;

iii. Flat metal sheets and strips in the form of rolls or coils;

iv. Magnet wire for use in electrical machinery;

v. Metal furniture;

vi. Large appliances;

vii. Exterior of airplanes;

viii. Automobile refinishing;

ix. Customized top coating of automobiles and trucks, if production is less than 35 vehicles per day;

x. Exterior of marine vessels.

34 27. "Multiple-effect evaporator system" means the multiple-effect evaporators and associated condenser and hotwell used to concentrate the spent cooking liquid that is separated from the pulp.

35. "Nameplate capacity" means, starting from the initial installation of a generator, the maximum electrical generating output (in megawatts) that an electric generating unit is capable of producing on a steady-state basis during continuous operation as specified by the manufacturer.

36 28. "Neutral sulfite semichemical pulping" means any operation in which pulp is produced from wood by cooking or digesting wood chips in a solution of sodium sulfite and sodium bicarbonate, followed by mechanical defibrating or grinding.

37 29. "Petroleum liquids" means petroleum, condensate, and any finished or intermediate products manufactured in a petroleum refinery but does not mean Number 2 through Number 6 fuel oils as specified in ASTM D396-90a (Specification for Fuel Oils), gas turbine fuel oils Numbers 2-GT through 4-GT as specified in ASTM D2880-90a (Specification for Gas Turbine Fuel Oils), or diesel fuel oils Numbers 2-D and 4-D as specified in ASTM D975-90 (Specification for Diesel Fuel Oils).

38 30. "Potential electric output capacity" means 33% of a unit's maximum design heat input, divided by 3,413 Btu per kilowatt-hour, divided by 1,000 kilowatt-hours/per megawatt-hour, and multiplied by 8,760 hours per year.

39 31. "Process source" means the last operation or process which produces an air contaminant resulting from either:

a. The separation of the air contaminants from the process material, or

b. The conversion of constituents of the process materials into air contaminants which is not an air pollution abatement operation.

40 32. "Process weight" means the total weight of all materials introduced into a process source, including fuels, where these contribute to pollution generated by the process.

41 33. "Process weight rate" means a rate established pursuant to R18-2-702(E).

42 34. "Recovery furnace" means the unit, including the direct-contact evaporator for a conventional furnace, used for burning black liquor to recover chemicals consisting primarily of sodium carbonate and sodium sulfide.

43 35. "Reid vapor pressure" means the absolute vapor pressure of volatile crude oil and volatile non-viscous petroleum liquids, except liquified petroleum gases, as determined by ASTM D-323-90 (Test Method for Vapor Pressure of Petroleum Products) (Reid Method).

44 36. "Reverbatory smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting is provided primarily by combustion of a fossil fuel.

45 37. "Rotary lime kiln" means a unit with an included rotary drum which is used to produce a lime product from limestone by calcination.

46 38. "Slag" means fused and vitrified matter separated during the reduction of a metal from its ore.

47 39. "Smelt dissolving tank" means a vessel used for dissolving the smelt collected from the kraft mill recovery furnace.

48 40. "Smelter feed" means all materials utilized in the operation of a copper smelter, including metals or concentrates, fuels and chemical reagents, calculated as the aggregate sulfur content of all fuels and other feed materials whose products of combustion and gaseous by-products are emitted to the atmosphere.

49 41. "Smelting" means processing techniques for the smelting of a copper sulfide ore concentrate or calcine charge leading to the formation of separate layers of molten slag, molten copper, or copper matte.

50 42. "Smelting furnace" means any vessel in which the smelting of copper sulfide ore concentrates or calcines is performed and in which the heat necessary for smelting is provided by an electric current, rapid oxidation of a portion of the sulfur contained in the concentrate as it passes through an oxidizing atmosphere, or the combustion of a fossil fuel.

51 43. "Standard conditions" means a temperature of 293K (68°F or 20°C) and a pressure of 101.3 kilopascals (29.92 in. Hg or 1013.25 mb).

52 44. "Supplementary control system" (SCS) means a system by which sulfur dioxide emissions are curtailed during periods when meteorological conditions conducive to ground-level concentrations in excess of ambient air quality standards for sulfur dioxide either exist or are anticipated.

53. "Topping-cycle cogeneration unit" means a cogeneration unit in which the energy input to the unit is first used to produce useful power, including electricity, and at least some of the reject heat from the electricity production is then used to provide useful thermal energy.

54. "Total energy output" means, with regard to a cogeneration unit, the sum of useful power and useful thermal energy produced by the cogeneration unit.

55 45. "Vapor pressure" means the pressure exerted by the gaseous form of a substance in equilibrium with its liquid or solid form.

History

• Former Section R18-2-701 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-701 renumbered from R18-2-501 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2). Amended by Final rulemaking at 21 A.A.R. 711, effective 6/30/2015.

Ariz. Admin. Code § R18-2-702 General Provisions

A. The provisions of this Article shall only apply to a source that is all of the following:

1. An existing source, as defined in R18-2-101;

2. A point source. For the purposes of this Section, "point source" means a source of air contaminants that has an identifiable plume or emissions point; and

3. A stationary source, as defined in R18-2-101.

B. Except as otherwise provided in this Chapter relating to specific types of sources, the opacity of any plume or effluent, from a source described in subsection (A), as determined by Reference Method 9 in 40 CFR 60, Appendix A, shall not be:

1. Greater than 20% in an area that is nonattainment or maintenance for any particulate matter standard, unless an alternative opacity limit is approved by the Director and the Administrator as provided in subsections (D) and (E), after February 2, 2004;

2. Greater than 40% in an area that is attainment or unclassifiable for each particulate matter standard; and

3. After April 23, 2006, greater than 20% in any area that is attainment or unclassifiable for each particulate matter standard except as provided in subsections (D) and (E).

C. If the presence of uncombined water is the only reason for an exceedance of any visible emissions requirement in this Article, the exceedance shall not constitute a violation of the applicable opacity limit.

D. A person owning or operating a source may petition the Director for an alternative applicable opacity limit. The petition shall be submitted to ADEQ by May 15, 2004.

The petition shall contain:

a. Documentation that the affected facility and any associated air pollution control equipment are incapable of being adjusted or operated to meet the applicable opacity standard. This includes:

i. Relevant information on the process operating conditions and the control devices operating conditions during the opacity or stack tests;

ii. A detailed statement or report demonstrating that the source investigated all practicable means of reducing opacity and utilized control technology that is reasonably available considering technical and economic feasibility; and

iii. An explanation why the source cannot meet the present opacity limit although it is in compliance with the applicable particulate mass emission rule.

b. If there is an opacity monitor, any certification and audit reports required by all applicable subparts in 40 CFR 60 and in Appendix B, Performance Specification 1.

c. A verification by a responsible official of the source of the truth, accuracy, and completeness of the petition. This certification shall state that, based on information and belief formed after reasonable inquiry, the statements and information in the document are true, accurate, and complete.

2. If the unit for which the alternative opacity standard is being applied is subject to a stack test, the petition shall also include:

a. Documentation that the source conducted concurrent EPA Reference Method stack testing and visible emissions readings or is utilizing a continuous opacity monitor. The particulate mass emission test results shall clearly demonstrate compliance with the applicable particulate mass emission limitation by being at least 10% below that limit. For multiple units that are normally operated together and whose emissions vent through a single stack, the source shall conduct simultaneous particulate testing of each unit. Each control device shall be in good operating condition and operated consistent with good practices for minimizing emissions.

b. Evidence that the source conducted the stack tests according to R18-2-312, and that they were witnessed by the Director or the Director's agent or representative.

c. Evidence that the affected facility and any associated air pollution control equipment were operated and maintained to the maximum extent practicable to minimize the opacity of emissions during the stack tests.

3. If the source for which the alternative opacity standard is being applied is located in a nonattainment area, the petitioner shall include all the information listed in subsections (D)(1) and (D)(2), and in addition:

a. In subsection (D)(1)(a)(ii), the detailed statement or report shall demonstrate that the alternative opacity limit fulfills the Clean Air Act requirement for reasonably available control technology; and

b. In subsection (D)(2)(b), the stack tests shall be conducted with an opportunity for the Administrator or the Administrator's agent or representative to be present.

E. If the Director receives a petition under subsection (D) the Director shall approve or deny the petition as provided below by October 15, 2004:

1. If the petition is approved under subsection (D)(1) or (D)(2), the Director shall include an alternative opacity limit in a proposed significant permit revision for the source under R18-2-320 and R18-2-330 . The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that an alternative opacity limit under this Section shall not be greater than 40%. For multiple units that are normally operated together and whose emissions vent through a single stack, any new alternative opacity limit shall reflect the opacity level at the common stack exit, and not individual in-duct opacity levels.

2. If the petition is approved under subsection (D)(3), the Director shall include an alternative opacity limit in a proposed revision to the applicable implementation plan, and submit the proposed revision to EPA for review and approval. The proposed alternative opacity limit shall be set at a value that has been demonstrated during, and not extrapolated from, testing, except that the alternative opacity limit shall not be greater than 40%.

3. If the petition is denied, the source shall either comply with the 20% opacity limit or apply for a significant permit revision to incorporate a compliance schedule under R18-2-309(5)(c)(iii) by April 23, 2006.

4. A source does not have to petition for an alternative opacity limit under subsection (D) to enter into a revised compliance schedule under R18-2-309(5)(c).

F. The Director, Administrator, source owner or operator, inspector or other interested party shall determine the process weight rate, as used in this Article, as follows:

1. For continuous or long run, steady-state process sources, the process weight rate is the total process weight for the entire period of continuous operation, or for a typical portion of that period, divided by the number of hours of the period, or portion of hours of that period.

2. For cyclical or batch process sources, the process weight rate is the total process weight for a period which covers a complete operation or an integral number of cycles, divided by the hours of actual process operation during the period.

History

• Former Section R18-2-702 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-702 renumbered from R18-2-502 and amended effective November 15, 1993 (Supp. 93-4). Amended by exempt rulemaking at 9 A.A.R. 5550, effective February 3, 2004 (Supp. 03-4).

Ariz. Admin. Code § R18-2-703 Standards of Performance for Existing Fossil-fuel Fired Steam Generators and General Fuel-burning Equipment

A. This Section applies to the following:

1. Installations in which fuel is burned for the primary purpose of producing power, steam, hot water, hot air or other liquids, gases or solids and in the course of doing so the products of combustion do not come into direct contact with process materials. When any products or by-products of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission limitation shall apply, except for wood waste burners as regulated under R18-2-704.

2. All fossil-fuel fired steam generating units or general fuel burning equipment which are greater than or equal to 73 megawatts capacity.

B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or other outlet. The heat content of solid fuel shall be determined in accordance with R18-2-311 . Compliance tests shall be conducted during operation at the nominal rated capacity of each unit.

C. No person shall cause, allow or permit the emission of particulate matter in excess of the amounts calculated by one of the following equations:

1. For equipment having a heat input rate of 4200 million Btu per hour or less, the maximum allowable emissions shall be determined by the following equation:

E = 1.02Q^0.769

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

Q = the heat input in million Btu per hour.

2. For equipment having a heat input rate greater than 4200 million Btu per hour, the maximum allowable emissions shall be determined by the following equation:

E = 17.0Q^0.432

where "E" and "Q" have the same meaning as in subsection (C)(1).

D. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

E. When low sulfur oil is fired:

1. Existing fuel-burning equipment or steam-power generating installations which commenced construction or a major modification prior to May 30, 1972, shall not emit more than 1.0 pounds sulfur dioxide maximum three-hour average, per million Btu (430 nanograms per joule) heat input.

2. Existing fuel-burning equipment or steam-power generating installations which commenced construction or a major modification after May 30, 1972, shall not emit more than 0.80 pounds of sulfur dioxide maximum three-hour average per million Btu (340 nanograms per joule) heat input.

F. When high sulfur oil is fired, all existing steam-power generating and general fuel-burning installations which are subject to the provisions of this Section shall not emit more than 2.2 pounds of sulfur dioxide maximum three-hour average per million Btu (946 nanograms per joule) heat input.

G. When solid fuel is fired:

1. Existing general fuel-burning equipment and steam-power generating installations which commenced construction or a major modification prior to May 30, 1972, shall not emit more than 1.0 pounds of sulfur dioxide maximum three-hour average, per million Btu (430 nanograms per joule) heat input.

2. Existing general fuel-burning equipment and steam-power generating installations which commenced construction or a major modification after May 30, 1972, shall not emit more than 0.80 pounds of sulfur dioxide, maximum three-hour average, per million Btu (340 nanograms per joule) heat input.

H. Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil by the permittee, unless the applicant demonstrates to the satisfaction of the Director that sufficient quantities of low sulfur oil are not available for use by the source and that it has adequate facilities and contingency plans to ensure that the sulfur dioxide ambient air quality standards set forth in R18-2-202 will not be violated.

1. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified.

2. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Department monthly reports detailing its efforts to obtain low sulfur oil.

3. When the conditions justifying the use of high sulfur oil no longer exists, the permit shall be modified accordingly.

4. Nothing in this Section shall be construed as allowing the use of a supplementary control system or other form of dispersion technology.

I. Existing steam-power generating installations which commenced construction or a major modification after May 30, 1972, shall not emit nitrogen oxides in excess of the following amounts:

1. 0.20 pounds of nitrogen oxides, maximum three-hour average, calculated as nitrogen dioxide, per million Btu heat input when gaseous fossil fuel is fired.

2. 0.30 pounds of nitrogen oxides, maximum three-hour average, calculated as nitrogen dioxide, per million Btu heat input when liquid fossil fuel is fired.

3. 0.70 pounds of nitrogen oxides, maximum three-hour average, calculated as nitrogen dioxide, per million Btu heat input when solid fossil fuel is fired.

J. Emission and fuel monitoring systems, where deemed necessary by the Director for sources subject to the provisions of this Section shall, conform to the requirements of R18-2-313.

K. The applicable reference methods given in the Appendices to 40 CFR 60 shall be used to determine compliance with the standards as prescribed in subsections (C) through (G) and (I). All tests shall be run at the heat input calculated under subsection (B).

History

• Former Section R18-2-703 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-703 renumbered from R18-2-503 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07-2). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-704 Standards of Performance for Incinerators

A. No person shall cause, allow or permit to be emitted into the atmosphere, from any type of incinerator, smoke, fumes, gases, particulate matter or other gas-borne material which exceeds 20% opacity except during the times specified in subsection (D).

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from any incinerator, in excess of the following limits:

1. For multiple chamber incinerators, controlled atmosphere incinerators, fume incinerators, afterburners or other unspecified types of incinerators, emissions shall not exceed 0.1 grain per cubic foot, based on dry flue gas at standard conditions, corrected to 12% carbon dioxide.

2. For wood waste burners other than air curtain incinerators, emissions discharged from the stack or burner top opening shall not exceed 0.2 grain per cubic foot, based on dry flue gas at standard conditions, corrected to 12% carbon dioxide.

C. Air curtain incinerators shall not be used within 500 feet of the nearest dwelling.

D. Incinerators shall be exempt from the opacity and emission requirements described in subsections (A) and (B) as follows:

1. For multiple chamber incinerators, controlled atmosphere incinerators, fume incinerators, afterburners or other unspecified types of incinerators, such exemption shall be for not more than 30 seconds in any 60-minute period.

Wood waste burners shall be exempt both:

a. For a period once each day for the purpose of building a new fire but not to exceed 60 minutes, and

b. For an upset of operations not to exceed three minutes in any 60-minute period.

E. The owner or operator of any incinerator subject to the provisions of this Section shall record the daily charging rates and hours of operation.

F. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A, shall be used to determine compliance with the standards prescribed in subsection (B) as follows:

a. Method 5 for the concentration of particulate matter and the associated moisture content;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis and calculation of excess air, using the integrated sampling technique.

2. For Method 5, the sampling time for each run shall be at least 60 minutes and the minimum sample volume shall be 0.85 dscm (30.0 dscf) except that smaller sampling times or sample volumes, when necessitated by process variables or other factors, may be approved by the Director.

History

• Former Section R18-2-704 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-704 renumbered from R18-2-504 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07-2). Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-705 Standards of Performance for Existing Portland Cement Plants

A. The provisions of this Section are applicable to the following affected facilities in portland cement plants: kiln, clinker cooler, raw mill system, finish mill system, raw mill dryer, raw material storage, clinker storage, finished product storage, conveyor transfer points, bagging and bulk loading and unloading systems.

B. No person shall cause, allow or permit the discharge of particulate matter from any identifiable process source within any existing cement plant subject to the provisions of this Section which exceeds the amounts calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (B)(1).

C. No process source within any portland cement plant shall exceed 20% opacity.

D. No person shall cause, allow or permit discharge into the atmosphere of an amount in excess of 6 pounds of sulfur oxides, calculated as sulfur dioxide, per ton cement kiln feed from cement plants subject to the provisions of this Section.

E. The owner or operator of any portland cement plant subject to the provisions of this Section shall record the daily production rates and the kiln feed rates.

F. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A, except as provided for in R18-2-312 shall be used to determine compliance with the standards prescribed in subsection (B) as follows:

a. Method 5 for the concentration of particulate matter and the associated moisture content;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis.

For Method 5, the minimum sampling time and minimum sample volume for each run except when process variables or other factors justifying otherwise to the satisfaction of the Director, shall be as follows:

a. 60 minutes and 0.85 dscm (30.0 dscf) for the kiln,

b. 60 minutes and 1.15 dscm (40.6 dscf) for the clinker cooler.

3. Total kiln feed rate, except fuels, expressed in metric tons per hour on a dry basis, shall be both:

a. Determined during each testing period by suitable methods; and

b. Confirmed by a material balance over the production system.

4. For each run, particulate matter emissions, expressed in g/metric ton of kiln feed, shall be determined by dividing the emission rate in g/hr by the kiln feed rate. The emission rate shall be determined by the equation, g/hr = Qs x c, where Qs = volumetric flow rate of the total effluent in dscm/hr as determined in accordance with subsection (F)(1)(c), and c = particulate concentration in g/dscm as determined in accordance with subsection (F)(1)(a).

History

• Former Section R18-2-705 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-705 renumbered from R18-2-505 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-706 Standards of Performance for Existing Nitric Acid Plants

A. No person shall cause, allow or permit discharge from any nitric acid plant producing weak nitric acid, which is either:

1. 30 to 70% in strength by either the increased pressure or atmospheric pressure process, or

2. More than 1.5 kg of total oxides of nitrogen per metric ton (3.0 lbs/ton) of acid produced expressed as nitrogen dioxide.

B. The opacity of any plume subject to the provisions of this Section shall not exceed 10%.

C. A continuous monitoring system for the measurement of nitrogen oxides shall be installed, calibrated, maintained and operated by the owner or operator, in accordance with Section R18-2-313.

D. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A shall be used to determine compliance with the standard prescribed in subsection (A) as follows:

a. Method 7 for the concentration of NOx;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis.

2. For Method 7, the sample site shall be selected according to Method 1 and the sampling point shall be the centroid of the stack or duct or at a point no closer to the walls than 1 m (3.28 ft.). Each run shall consist of at least four grab samples taken at approximately 15-minute intervals. The arithmetic mean of the samples shall constitute the run value. A velocity traverse shall be performed once per run.

3. Acid production rate, expressed in metric tons per hour of 100% nitric acid, shall be both:

a. Determined during each testing period by suitable methods, and

b. Confirmed by a material balance over the production system.

4. For each run, nitrogen oxides, expressed in g/metric ton of 100% nitric acid, shall be determined by dividing the emission rate in g/hr by the acid production rate. The emission rate shall be determined by the equation:

g/hr = Q_s x c

where Q_s = volumetric flow rate of the effluent in dscm/hr, as determined in accordance with subsection (D)(1)(c), and c = NOx concentration in g/dscm, as determined in accordance with subsection (D)(1)(a).

History

• Former Section R18-2-706 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-706 renumbered from R18-2-506 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-707 Standards of Performance for Existing Sulfuric Acid Plants

A. Facilities that produce sulfuric acid by the contact process by burning elemental sulfur, alkylation acid, hydrogen sulfide, organic sulfide and mercaptans or acid sludge shall not discharge into the atmosphere:

1. Greater than 2 kg of sulfur dioxide per metric ton (4 lbs/ton) of sulfuric acid produced (calculated as 100% H₂ SO₄), or

2. Greater than 0.075 kg of sulfuric acid mist per metric ton (0.15 lbs/ton) or sulfuric acid produced (calculated as 100% H₂ SO₄).

B. This Section shall not apply to metallurgical plants or other facilities where conversion to sulfuric acid is utilized as a means of controlling emissions to the atmosphere of sulfur dioxide or other sulfur compounds.

C. A continuous monitoring system for the measurement of sulfur dioxide shall be installed, calibrated, maintained and operated by the owner or operator, in accordance with R18-2-313.

D. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A shall be used to determine compliance with standards prescribed in subsection (A) as follows:

a. Method 8 for concentration of SO₂ and acid mist;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis.

The moisture content can be considered to be zero. For Method 8 the sampling time for each run shall be at least 60 minutes and the minimum sample volume shall be 1.15 dscm (40.6 dscf) except that smaller sampling times or sample volumes, when necessitated by process variables or other factors, may be approved by the Director.

3. Acid production rate, expressed in metric tons per hour of 100% H₂ SO₄, shall be both:

a. Determined during each testing period by suitable methods, and

b. Confirmed by a material balance over the production system.

4. Acid mist and sulfur dioxide emissions, expressed in g/metric ton of 100% H₂ SO₄, shall be determined by dividing the emission rate in g/hr by the acid production rate. The emission rate shall be determined by the equation, g/hr-Q_s x c, where Q_s = volumetric flow rate of the effluent in dscm/hr as determined in accordance with subsection (D)(1)(c), and c = acid mist and SO₂ concentrations in g/dscm as determined in accordance with subsection (D)(1)(a).

History

• Former Section R18-2-707 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-707 renumbered from R18-2-507 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-708 Standards of Performance for Existing Asphalt Concrete Plants

A. Fixed asphalt concrete plants and portable asphalt concrete plants shall meet the standards set forth in this Section.

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from any existing asphalt concrete plant in total quantities in excess of the amounts calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emission rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter.

E. Liquid fuel containing greater than 0.9% sulfur by weight shall not be utilized for asphalt concrete plants subject to this Section.

F. Solid fuel containing greater than 0.5% sulfur by weight shall not be utilized for asphalt concrete plants subject to this Section.

G. The test methods and procedures required under this Section are:

1. The referenced methods given in 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the standards prescribed in subsection (B).

a. Method 5 for the concentration of particulate matter and the associated moisture content,

b. Method 1 for sample and velocity traverses,

c. Method 2 for velocity and volumetric flow rate,

d. Method 3 for gas analysis.

For Method 5, the sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.9 dscm/hr (0.53 dscf/min) except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the Director.

3. Percent sulfur in liquid fuel shall be determined by ASTM method D-129-91 (Test Method for Sulfur in Petroleum Products) (General Bomb Method), and the percent sulfur in solid fuel shall be determined by ASTM method D-3177-89 (Test Method for Total Sulfur in the Analysis Sample of Coal and Coke).

History

• Former Section R18-2-708 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-708 renumbered from R18-2-508 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-709 Expired

History

• Former Section R18-2-709 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-709 renumbered from R18-2-509 and amended effective November 15, 1993 (Supp. 93-4). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 15, effective September 30, 2015 (Supp. 15-4).

Ariz. Admin. Code § R18-2-710 Standards of Performance for Existing Storage Vessels for Petroleum Liquids

A. No person shall place, store or hold in any reservoir, stationary tank or other container having a capacity of 40,000 (151,400 liters) or more gallons any petroleum liquid having a vapor pressure of 1.5 pounds per square inch absolute or greater under actual storage conditions, unless such tank, reservoir or other container is a pressure tank maintaining working pressure sufficient at all times to prevent hydrocarbon vapor or gas loss to the atmosphere, or is equipped with one of the following vapor loss control devices, properly installed, in good working order and in operation:

1. A floating roof consisting of a pontoon type double-deck type roof resting on the surface of the liquid contents and equipped with a closure seal to close the space between the roof eave and tank wall and a vapor balloon or vapor dome, designed in accordance with accepted standards of the petroleum industry. The control equipment shall not be used if the petroleum liquid has a vapor pressure of 12 pounds per square inch absolute or greater under actual storage conditions.

a. All tank gauging and sampling devices shall be gas-tight except when gauging or sampling is taking place.

b. There shall be no visible holes, tears, or other openings in the seal or any seal fabric. Where applicable, all openings except drains shall be equipped with a cover, seal, or lid. The cover, seal, or lid shall be in a closed position at all times, except when the device is in actual use.

c. Automatic bleeder vents shall be closed at all times, except when the roof is floated off or landed on the roof leg supports.

d. Rim vents, if provided, shall be set to open when the roof is being floated off the roof leg supports, or at the manufacturer's recommended setting.

2. Other equipment proven to be of equal efficiency for preventing discharge of hydrocarbon gases and vapors to the atmosphere.

B. Any other petroleum liquid storage tank shall be equipped with a submerged filling device, or acceptable equivalent, for the control of hydrocarbon emissions.

C. All facilities for dock loading of petroleum products, having a vapor pressure of 1.5 pounds per square inch absolute or greater at loading pressure, shall provide for submerged filling or acceptable equivalent for control of hydrocarbon emissions.

D. All pumps and compressors which handle volatile organic compounds shall be equipped with mechanical seals or other equipment of equal efficiency to prevent the release of organic contaminants into the atmosphere.

E. The monitoring of operations required by this Section is as follows:

1. The owner or operator of any petroleum liquid storage vessel to which this Section applies shall for each such storage vessel maintain a file of each type of petroleum liquid stored, of the typical Reid vapor pressure of each type of petroleum liquid stored and of dates of storage. Dates on which the storage vessel is empty shall be shown.

2. The owner or operator of any petroleum liquid storage vessel to which this Section applies shall for such storage vessel determine and record the average monthly storage temperature and true vapor pressure of the petroleum liquid stored at such temperature if either:

a. The petroleum liquid has a true vapor pressure, as stored, greater than 26 mm Hg (0.5 psia) but less than 78 mm Hg (1.5 psia) and is stored in a storage vessel other than one equipped with a floating roof, a vapor recovery system or their equivalents; or

b. The petroleum liquid has a true vapor pressure, as stored, greater than 470 mm Hg (9.1 psia) and is stored in a storage vessel other than one equipped with a vapor recovery system or its equivalent.

3. The average monthly storage temperature shall be an arithmetic average calculated for each calendar month, or portion thereof, if storage is for less than a month, from bulk liquid storage temperatures determined at least once every seven days.

4. The true vapor pressure shall be determined by the procedures in American Petroleum Institute Bulletin 2517, amended as of February 1980 (and no future editions), which is incorporated herein by reference and on file with the Office of the Secretary of State. This procedure is dependent upon determination of the storage temperature and the Reid vapor pressure, which requires sampling of the petroleum liquids in the storage vessels. Unless the Director requires in specific cases that the stored petroleum liquid be sampled, the true vapor pressure may be determined by using the average monthly storage temperature and the typical Reid vapor pressure. For those liquids for which certified specifications limiting the Reid vapor pressure exist, the Reid vapor pressure may be used. For other liquids, supporting analytical data must be made available upon request to the Director when typical Reid vapor pressure is used.

History

• Section R18-2-710 renumbered from R18-2-510 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-711 Expired

History

• Section R18-2-711 renumbered from R18-2-511 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 15, effective September 30, 2015 (Supp. 15-4).

Ariz. Admin. Code § R18-2-712 Expired

History

• Section R18-2-712 renumbered from R18-2-512 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 15, effective September 30, 2015 (Supp. 15-4).

Ariz. Admin. Code § R18-2-713 Expired

History

• Section R18-2-713 renumbered from R18-2-513 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1). Section expired under A.R.S. § 41-1056(J) at 21 A.A.R. 15, effective September 30, 2015 (Supp. 15-4).

Ariz. Admin. Code § R18-2-714 Standards of Performance for Existing Sewage Treatment Plants

A. No person shall cause, allow or permit to be emitted into the atmosphere, from any municipal sewage treatment plant sludge incinerator:

Smoke, fumes, gases, particulate matter or other gas-borne material which exceeds 20% opacity for more than 30 seconds in any 60-minute period.

2. Particulate matter in concentrations in excess of 0.1 grain per cubic foot, based on dry flue gas at standard conditions, corrected to 12% carbon dioxide.

B. The owner or operator of any sludge incinerator subject to the provisions of this Section shall monitor operations by doing all of the following:

1. Install, calibrate, maintain and operate a flow measuring device which can be used to determine either the mass or volume of sludge charged to the incinerator. The flow measuring device shall have an accuracy of ± 5% over its operating range.

2. Provide access to the sludge charged so that a well-mixed representative grab sample of the sludge can be obtained.

3. Install, calibrate, maintain and operate a weighing device for determining the mass of any municipal solid waste charged to the incinerator when sewage sludge and municipal solid wastes are incinerated together. The weighing device shall have an accuracy of ± 5% over its operating range.

C. The test methods and procedures required by this Section are as follows:

1. The reference methods set forth in 40 CFR 60, Appendix A shall be used to determine compliance with the standards prescribed in subsection (A) as follows:

a. Method 5 for concentration of particulate matter and associated moisture content;

b. Method 1 for sample and velocity traverses;

c. Method 2 for volumetric flow rate; and

d. Method 3 for gas analysis.

For Method 5, the sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.015 dscm/min (0.53 dscf/min), except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the Director.

History

• Section R18-2-714 renumbered from R18-2-514 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-715 Standards of Performance for Existing Primary Copper Smelters; Site-specific Requirements

A. No owner or operator of a primary copper smelter shall cause, allow or permit the discharge of particulate matter into the atmosphere from any process in total quantities in excess of the amount calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (A)(1).

B. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

C. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter for that process.

D. The opacity of emissions subject to the provisions of this Section shall not exceed 20%.

E. The reference methods set forth in the Arizona Testing Manual and 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the standards prescribed in this Section as follows:

1. Method A1 or Reference Method 5 for concentration of particulate matter and associated moisture content,

2. Reference Method 1 for sample and velocity traverses,

3. Reference Method 2 for volumetric flow rate,

Reference Method 3 for gas analysis.

F. Except as provided in a consent decree or a delayed compliance order, the owner or operator of any primary copper smelter shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from any stack required to be monitored by R18-2-715.01(K) in excess of the following:

1. For the copper smelter located near Hayden, Arizona at latitude 33°0'29"N and longitude 110°47'17" W:

a. Annual average emissions, as calculated under R18-2-715.01(C), shall not exceed 6,882 pounds per hour.

b. The number of three-hour average emissions, as calculated under R18-2-715.01(C), shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any compliance period as defined in R18-2-715.01(J):

| n, Cumulative Occurrences | E, (lb/hr) | | --- | --- | | 0 | 24,641 | | 1 | 22,971 | | 2 | 21,705 | | 4 | 20,322 | | 7 | 19,387 | | 12 | 18,739 | | 20 | 17,656 | | 32 | 16,988 | | 48 | 16,358 | | 68 | 15,808 | | 94 | 15,090 | | 130 | 14,423 | | 180 | 13,777 | | 245 | 13,212 | | 330 | 12,664 | | 435 | 12,129 | | 560 | 11,621 | | 710 | 11,165 | | 890 | 10,660 | | 1100 | 10,205 | | 1340 | 9,748 | | 1610 | 9,319 | | 1910 | 8,953 | | 2240 | 8,556 |

2. For the copper smelter located near Miami, Arizona at latitude 33°24'50"N and longitude 110°51'25"W:

a. Annual average emissions, as calculated under R18-2-715.01(C), shall not exceed 604 pounds per hour.

b. The number of three-hour average emissions, as calculated under R18-2-715.01(C), shall not exceed n cumulative occurrences in excess of E, the emission level, shown in the following table in any compliance period as defined in R18-2-715.01(J):

| n, Cumulative Occurrences | E, (lb/hr) | | --- | --- | | 0 | 8678 | | 1 | 7158 | | 2 | 5903 | | 4 | 4575 | | 7 | 4074 | | 12 | 3479 | | 20 | 3017 | | 32 | 2573 | | 48 | 2111 | | 68 | 1703 | | 94 | 1461 | | 130 | 1274 | | 180 | 1145 | | 245 | 1064 | | 330 | 1015 | | 435 | 968 | | 560 | 933 | | 710 | 896 | | 890 | 862 | | 1100 | 828 | | 1340 | 797 | | 1610 | 765 | | 1910 | 739 | | 2240 | 712 |

G. Except as provided in a consent decree or a delayed compliance order, for the copper smelter located near Hayden, Arizona at latitude 33°0'29"N and longitude 110°47'17"W, annual average fugitive emissions calculated under R18-2-715.01(T) shall not exceed 295 pounds per hour.

H. In addition to the limits in subsection (F)(3), except as provided in a consent decree or a delayed compliance order, the owner or operator of the copper smelter located near Miami, Arizona at latitude 33°24'50"N and longitude 110°51'25"W shall not discharge or cause the discharge of sulfur dioxide into the atmosphere from combined stack and fugitive emissions units in excess of the 2420 pounds per hour annual average calculated under R18-2-715.01(U).

I. The owner and operator of the copper smelter located near Hayden, Arizona at the latitude and longitude provided in R18-2-715(F)(1) shall comply with Section R18-2-715(F)(1) and R18-2-715(G) until the effective date of R18-2-B1302 as determined by R18-2-B1302(A)(2) . The owner and operator of the copper smelter located near Miami, Arizona at the latitude and longitude provided in R18-2-715(F)(2) shall comply with Section R18-2-715(F)(2) and R18-2-715(H) until the effective date of R18-2-C1302 as determined by R18-2-C1302(A)(2).

History

• Section R18-2-715 renumbered from R18-2-515 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 575, effective January 15, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3365, effective July 18, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07-2). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1). Amended by final rulemaking at 23 A.A.R. 767, effective 5/7/2017.

Ariz. Admin. Code § R18-2-715.01 Standards of Performance for Existing Primary Copper Smelters; Compliance and Monitoring

A. The cumulative occurrence and emission limits in R18-2-715(F) apply to the total of sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not uncaptured fugitive emissions or emissions due solely to the use of fuel for space heating or steam generation.

B. The owner or operator shall include periods of malfunction, startup, shutdown or other upset conditions when determining compliance with the cumulative occurrence or annual average emission limits in R18-2-715(F), (G), or (H).

C. The owner or operator shall determine compliance with the cumulative occurrence and emission limits contained in R18-2-715(F) as follows:

1. The owner or operator shall calculate annual average emissions at the end of each day by averaging the emissions for all hours measured during the compliance period defined in subsection (J) ending on that day. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-2-715(F) if either:

a. The annual average is greater than the annual average computed for the preceding day; or

b. The annual averages computed for the five preceding days all exceed the allowable annual average emission limit.

2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to the requirements in subsection (K).

D. For purposes of this Section, the compliance date, unless otherwise provided in a consent decree or a delayed compliance order, shall be January 14, 1986, except that:

1. The compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(1) and R18-2-715(G) is January 15, 2002, and

2. The compliance date for the cumulative occurrence and emissions limits in R18-2-715(F)(2), (F)(3), (G), and (H) is the effective date of this rule.

E. For purposes of subsection (C), a three-hour emissions average in excess of an emission level E violates the associated cumulative occurrence limit n listed in R18-2-715(F) if:

1. The number of all three-hour emissions averages calculated during the compliance period in excess of that emission level exceeds the cumulative occurrence limit associated with the emission level; and

2. The average is calculated during the last operating day of the compliance period being reported.

F. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level E on the day containing the last hour in the average.

G. Multiple violations of the same cumulative occurrence limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violation of R18-2-715(F).

H. The violation of any cumulative occurrence limit and an annual average emission limit on the same day constitutes only a single violation of the requirements of R18-2-715(F).

I. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages containing any common hour constitutes a single violation of R18-2-715(F).

J. To determine compliance with subsections (C) through (I), the compliance period consists of the 365 calendar days immediately preceding the end of each day of the month being reported unless that period includes less than 300 operating days, in which case the number of days preceding the last day of the compliance period shall be increased until the compliance period contains 300 operating days. For purposes of this Section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process.

K. To determine compliance with R18-2-715(F) or (H), the owner or operator of any smelter subject to R18-2-715(F) or (H) shall install, calibrate, maintain, and operate a measurement system for continuously monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in each stack that could emit five percent or more of the allowable annual average sulfur dioxide emissions from the smelter.

1. The owner or operator shall continuously monitor sulfur dioxide concentrations and stack gas volumetric flow rates in the outlet of each piece of sulfur dioxide control equipment.

2. The owner or operator shall continuously monitor captured fugitive emissions for sulfur dioxide concentrations and stack gas volumetric flow rates and include these emissions as part of total plant emissions when determining compliance with the cumulative occurrence and emission limits in R18-2-715(F) and (H).

3. If the owner or operator demonstrates to the Director that measurement of stack gas volumetric flow in the outlet of any particular piece of sulfur dioxide control equipment would yield inaccurate results once operational or would be technologically infeasible, then the Director may allow measurement of the flow rate at an alternative sampling point.

4. For purposes of this subsection, continuous monitoring means the taking and recording of at least one measurement of sulfur dioxide concentration and stack gas flow rate reading from the effluent of each affected stack, outlet, or other approved measurement location in each 15-minute period. Fifteen-minute periods start at the beginning of each clock hour, and run consecutively. An hour of smelter emissions is considered continuously monitored if the emissions from all monitored stacks, outlets, or other approved measurement locations are measured for at least 45 minutes of any hour according to the requirements of this subsection.

5. The owner or operator shall demonstrate that the continuous monitoring system meets all of the following requirements:

a. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the requirements of 40 CFR 60, Appendix B, Performance Specification 6.

b. The sulfur dioxide continuous emission monitoring system installed and operated under this Section meets the quality assurance requirements of 40 CFR 60, Appendix F.

c. The owner or operator shall notify the Director in writing at least 30 days in advance of the start of relative accuracy test audit (RATA) procedures performed on the continuous monitoring system.

d. The Director shall approve the location of all sampling points for monitoring sulfur dioxide concentrations and stack gas volumetric flow rates in writing before installation and operation of measurement instruments.

e. The measurement system installed and used under this subsection is subject to the manufacturer's recommended zero adjustment and calibration procedures at least once per 24-hour operating period unless the manufacturer specifies or recommends calibration at shorter intervals, in which case specifications or recommendations shall be followed. The owner or operator shall make available a record of these procedures that clearly shows instrument readings before and after zero adjustment and calibration.

L. The owner or operator of a smelter subject to this Section shall measure at least 95 percent of the hours during which emissions occurred in any month.

M. Failure of the owner or operator of a smelter subject to this Section to measure any 12 consecutive hours of emissions according to the requirements of subsection (K) or (S) is a violation of this Section.

N. The owner or operator of any smelter subject to this Section shall maintain on hand and ready for immediate installation sufficient spare parts or duplicate systems for the continuous monitoring equipment required by this Section to allow for the replacement within six hours of any monitoring equipment part that fails or malfunctions during operation.

O. To determine total overall emissions, the owner or operator of any smelter subject to this Section shall perform material balances for sulfur according to the procedures prescribed by Appendix 8 of this Chapter.

P. The owner or operator of any smelter subject to this Section shall maintain a record of all average hourly emissions measurements and all calculated average monthly emissions required by this Section. The record of the emissions shall be retained for at least five years following the date of measurement or calculation. The owner or operator shall record the measurement or calculation results as pounds per hour of sulfur dioxide. The owner or operator shall summarize the following data monthly and submit the summary to the Director within 20 days after the end of each month:

1. For all periods described in subsection (C) and (R), the annual average emissions as calculated at the end of each day of the month;

2. The total number of hourly periods during the month in which measurements were not taken and the reason for loss of measurement for each period;

3. The number of three-hour emissions averages that exceeded each of the applicable emissions levels listed in R18-2-715(F) and (G) for the compliance periods ending on each day of the month being reported;

The date on which a cumulative occurrence limit listed in R18-2-715(F) or (G) was exceeded if the exceedance occurred during the month being reported; and

5. For all periods described in subsection (T) and (U), the annual average emissions as calculated at the end of the last day of each month.

Q. An owner or operator shall install instrumentation to monitor each point in the smelter facility where a means exists to bypass the sulfur removal equipment, to detect and record all periods that the bypass is in operation. An owner or operator of a copper smelter shall report to the Director, not later than the 15th day of each month, the recorded information required by this Section, including an explanation for the necessity of the use of the bypass.

R. The owner or operator shall determine compliance with the cumulative occurrence and fugitive emission limits contained in R18-2-715(G) as follows:

1. The owner or operator shall calculate annual average emissions at the end of each day by averaging the emissions for all hours measured during the compliance period, as defined in subsection (R)(8), ending on that day. An annual emissions average in excess of the allowable annual average emission limit is a violation of R18-2-715(G) if either:

a. The annual average is greater than the annual average computed for the preceding day; or

b. The annual averages computed for the five preceding days all exceed the allowable annual average emission limit.

2. The owner or operator shall calculate a three-hour emissions average at the end of each clock hour by averaging the hourly emissions for the preceding three consecutive hours provided each hour was measured according to the requirements contained in subsection (S).

3. For purposes of subsection (R)(2), a three-hour emissions average in excess of an emission level E_f violates the associated cumulative occurrence limit n listed in R18-2-715(G) if:

a. The number of all three-hour emissions averages calculated during the compliance period in excess of that emission level exceeds the cumulative occurrence limit associated with the emission level; and

b. The average is calculated during the last operating day of the compliance period being reported.

4. A three-hour emissions average only violates the cumulative occurrence limit n of an emission level E_f on the day containing the last hour in the average.

5. Multiple violations of the same cumulative occurrence limit on the same day and violations of different cumulative occurrence limits on the same day constitute a single violation of R18-2-715(G).

6. The violation of any cumulative occurrence limit and an annual average emission limit on the same day constitutes only a single violation of the requirements of R18-2-715(G).

7. Multiple violations of a cumulative occurrence limit by different three-hour emissions averages containing any common hour constitutes a single violation of R18-2-715(G).

8. To determine compliance with subsections (R)(1) through (7), the compliance period consists of the 365 calendar days immediately preceding the end of each day of the month being reported unless that period includes less than 300 operating days, in which case the number of days preceding the last day of the compliance period shall be increased until the compliance period contains 300 operating days. For purposes of this Section, an operating day is any day on which sulfur-containing feed is introduced into the smelting process.

S. To determine compliance with R18-2-715(G), the owner or operator of the smelter subject to R18-2-715(G) shall install, calibrate, maintain, and operate a measurement system for continuously monitoring sulfur dioxide concentrations of the converter roof fugitive emissions.

1. For purposes of this subsection, continuous monitoring means the taking and recording of at least one measurement of sulfur dioxide concentration from an approved measurement location in each 15-minute period. Fifteen-minute periods start at the beginning of each clock hour, and run consecutively. An hour of smelter emissions is considered continuously monitored if the emissions from all approved measurement locations are measured for at least 45 minutes of any hour according to the requirements of this subsection.

2. The owner or operator of a smelter subject to the requirements of this subsection shall conduct quality assurance procedures on the continuous monitoring system according to the methods in 40 CFR 60, Appendix F, except that an annual relative accuracy test audit (RATA) is not required.

T. TThe emission limit in R18-2-715(G) applies to the total of uncaptured fugitive sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not emissions due solely to the use of fuel for space heating or steam generation. The owner or operator shall determine compliance with the emission limit contained in R18-2-715(G) as follows:

1. The owner or operator shall calculate annual average fugitive emissions at the end of the last day of each month by averaging the monthly emissions for the previous 12-month period ending on that day. To determine monthly fugitive emissions, the owner or operator shall perform material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Chapter.

2. An annual emissions average in excess of the allowable annual average emission limit violates R18-2-715(G) if the fugitive annual average computed at the end of each month exceeds the allowable annual average emission limit.

U. The emission limit in R18-2-715(H) applies to the total of stack and uncaptured fugitive sulfur dioxide emissions from the smelter processing units and sulfur dioxide control and removal equipment, but not emissions due solely to the use of fuel for space heating or steam generation. The owner or operator shall determine compliance with the emission limit contained in R18-2-715(H) as follows:

1. The owner or operator shall calculate annual average stack emissions at the end of the last day of each month by averaging the emissions for all hours measured during the previous 12-month period ending on that day according to the requirements contained in subsection (K).

2. The owner or operator shall calculate annual average fugitive emissions at the end of the last day of each month by averaging the monthly emissions for the previous 12-month period ending on that day. To determine monthly fugitive emissions, the owner or operator shall perform material balances for sulfur according to the sulfur balance procedures prescribed in Appendix 8 of this Chapter.

3. An annual emissions average in excess of the allowable annual average emission limit violates R18-2-715(H) if the total of the stack and fugitive annual averages computed at the end of each month exceeds the allowable annual average emission limit.

V. The owner and operator of the copper smelter located near Hayden, Arizona at the latitude and longitude provided in R18-2-715(F)(1) shall comply with Section R18-2-715.01 until the effective date of R18-2-B1302 as determined by R18-2-B1302(A)(2) . The owner and operator of the copper smelter located near Miami, Arizona at the latitude and longitude provided in R18-2-715(F)(2) shall comply with Section R18-2-715.01 until the effective date of R18-2-C1302 as determined by R18-2-C1302(A)(2).

History

• Section R18-2-715.01 renumbered from R18-2-515.01 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 8 A.A.R. 575, effective January 15, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3365, effective July 18, 2002 (Supp. 02-3). Amended by final rulemaking at 23 A.A.R. 767, effective 5/7/2017.

Ariz. Admin. Code § R18-2-715.02 Standards of Performance for Existing Primary Copper Smelters; Fugitive Emissions

A. For purposes of this Section, the compliance date, unless otherwise provided in a consent decree or a delayed compliance order, shall be January 14, 1986.

B. No later than 24 months before the compliance date, the owner or operator of a smelter subject to R18-2-715 shall submit to the Director the results of an evaluation of the fugitive emissions from the smelter. The evaluation results shall contain all of the following information:

1. A measurement or accurate estimate of total fugitive emissions from the smelter during typical operations, including planned start-up and shutdown. The measurement or estimate shall contain the amount of both average short-term (24 hours) and average long-term (monthly) fugitive emissions from the smelter. The evaluation plan shall be approved in advance by the Department and shall specify the method used to determine the fugitive emission amounts, including the conditions determined to be "typical operations" for the smelter.

2. A measurement or accurate estimate of the relative proportion, expressed as a percentage, of total fugitive emissions during typical operations, including planned start-up and shutdown, produced by any of the following smelter processes:

a. Roaster or dryer operation;

b. Calcine or dried concentrate transfer;

c. Reverberatory furnace operations, including feeding, slag return, matte and slag tapping;

d. Matte transfer; and

e. Converter operations.

3. The measurement technique or method of estimation used to fulfill the requirement in subsection (B)(2) shall be approved in advance by the Department.

4. The results of at least a six-month fugitive emission impact analysis conducted during that part of the year when fugitive emissions are expected to have the greatest ambient air quality impact. The study shall utilize sufficient measurements of fugitive emissions, meteorological conditions and ambient sulfur dioxide concentrations to associate fugitive emissions with specific measured ambient concentrations of sulfur dioxide. The study shall describe in detail the techniques used to make the required determinations. The design of the study shall be approved in advance by the Department.

C. On the basis of the results of the evaluation as well as other data and information contained in the records of the Department, the Director shall determine whether fugitive emissions from a particular smelter have the potential to cause or significantly contribute to violations of the ambient sulfur dioxide standards in the vicinity of the smelter. If the Director finds that fugitive emissions from a particular smelter have the potential to cause or significantly contribute to violations of ambient sulfur dioxide standards in the vicinity of a smelter, then the Director shall adopt rules specifying the emission limits and undertake other appropriate measures necessary to maintain ambient sulfur dioxide standards.

D. The requirements of subsection (B) shall not apply to a smelter subject to this Section if the owner or operator of that smelter can demonstrate to the Director both that:

1. Compliance with the applicable cumulative occurrence and emission limits listed in R18-2-715(F) will require the smelter to undergo major modifications to its physical configuration or work practices prior to the compliance date, and

2. That the modification will reduce fugitive emissions to such an extent that such emissions will not cause or significantly contribute to violations of ambient sulfur dioxide standards in the vicinity of the smelter.

E. In order to assess the sufficiency of the cumulative occurrence and emission limits contained in R18-2-715(F) to maintain the ambient air quality standards for sulfur dioxide set forth in R18-2-202, an owner or operator of a smelter subject to this Section shall continue to calibrate, maintain and operate any ambient sulfur dioxide monitoring equipment owned by the smelter owner or operator and in operation within the area of the smelter enclosed by a circle with 10-mile radius as calculated from a center point which shall be the point of the smelter's greatest sulfur dioxide emissions, for a period of at least three years after the compliance date.

1. Such monitors shall be operated and maintained in accordance with 40 CFR 50 and 58 and such other conditions as the Director deems necessary.

2. The location of ambient sulfur dioxide monitors and length of time such monitors remain at a location shall be determined by the Director.

F. The owner and operator of the copper smelter located near Hayden, Arizona at the latitude and longitude provided in R18-2-715(F)(1) shall comply with Section R18-2-715.02 until the effective date of R18-2-B1302 as determined by R18-2-B1302(A)(2) . The owner and operator of the copper smelter located near Miami, Arizona at the latitude and longitude provided in R18-2-715(F)(2) shall comply with Section R18-2-715.02 until the effective date of R18-2-C1302 as determined by R18-2-C1302(A)(2).

History

• Section R18-2-715.02 renumbered from R18-2-515.02 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 23 A.A.R. 767, effective 5/7/2017.

Ariz. Admin. Code § R18-2-716 Standards of Performance for Existing Coal Preparation Plants

A. The provisions of this Section are applicable to any of the following affected facilities in coal preparation plants: thermal dryers, pneumatic coal-cleaning equipment, coal processing and conveying equipment including breakers and crushers, coal storage systems, and coal transfer and loading systems. For purposes of this Section, the definitions contained in 40 CFR 60.251 are adopted by reference and incorporated herein.

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from any existing coal preparation plant in total quantities in excess of the amounts calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter.

E. Fugitive emissions from coal preparation plants shall be controlled in accordance with R18-2-604 through R18-2-607.

F. The test methods and procedures required by this Section are as follows:

1. The reference methods in the 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, are used to determine compliance with standards prescribed in subsection (B) as follows:

a. Method 5 for the concentration of particulate matter and associated moisture content,

b. Method 1 for sample and velocity traverses,

c. Method 2 for velocity and volumetric flow rate,

d. Method 3 for gas analysis.

2. For Method 5, the sampling time for each run shall be at least 60 minutes and the minimum sample volume is 0.85 dscm (30 dscf) except that short sampling times or smaller volumes, when necessitated by process variables or other factors, may be approved by the Director. Sampling shall not be started until 30 minutes after start-up and shall be terminated before shutdown procedures commence. The owner or operator of the affected facility shall eliminate cyclonic flow during performance tests in a manner acceptable to the Director.

3. The owner or operator shall construct the facility so that particulate emissions from thermal dryers or pneumatic coal cleaning equipment can be accurately determined by applicable test methods and procedures under subsection (F)(1).

History

• Section R18-2-716 renumbered from R18-2-516 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-717 Expired

History

• Section R18-2-717 renumbered from R18-2-517 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1). Section expire d under A.R.S. § 41-1056(J) at 21 A.A.R. 15, effective September 30, 2015 (Supp. 15-4).

Ariz. Admin. Code § R18-2-718 [REPEALED]

History

• Section R18-2-718 renumbered from R18-2-518 effective November 15, 1993 (Supp. 93-4). Section repealed by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-2-719 Standards of Performance for Existing Stationary Rotating Machinery

A. The provisions of this Section are applicable to the following affected facilities: all stationary gas turbines, oil-fired turbines, or internal combustion engines. This Section also applies to an installation operated for the purpose of producing electric or mechanical power with a resulting discharge of sulfur dioxide in the installation's effluent gases.

B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or other outlet. Compliance tests shall be conducted during operation at the normal rated capacity of each unit. The total heat input of all operating fuel-burning units on a plant or premises shall be used for determining the maximum allowable amount of particulate matter which may be emitted.

C. No person shall cause, allow or permit the emission of particulate matter, caused by combustion of fuel, from any stationary rotating machinery in excess of the amounts calculated by one of the following equations:

1. For equipment having a heat input rate of 4200 million Btu per hour or less, the maximum allowable emissions shall be determined by the following equation:

E = 1.02Q^0.769

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

Q = the heat input in million Btu per hour.

2. For equipment having a heat input rate greater than 4200 million Btu per hour, the maximum allowable emissions shall be determined by the following equation:

E = 17.0Q^0.432

where "E" and "Q" have the same meaning as in subsection (C)(1).

D. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

E. No person shall cause, allow or permit to be emitted into the atmosphere from any stationary rotating machinery, smoke for any period greater than 10 consecutive seconds which exceeds 40% opacity. Visible emissions when starting cold equipment shall be exempt from this requirement for the first 10 minutes.

F. When low sulfur oil is fired, stationary rotating machinery installations shall burn fuel which limits the emission of sulfur dioxide to 1.0 pound per million Btu heat input.

G. When high sulfur oil is fired, stationary rotating machinery installations shall not emit more than 2.2 pounds of sulfur dioxide per million Btu heat input.

H. Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil by the permittee. This condition may not be included in the permit if the applicant demonstrates to the satisfaction of the Director both that sufficient quantities of low sulfur oil are not available for use by the source and that it has adequate facilities and contingency plans to ensure that the sulfur dioxide ambient air quality standards set forth in R18-2-202 will not be violated.

1. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified.

2. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Department monthly reports detailing its efforts to obtain low sulfur oil.

3. When the conditions justifying the use of high sulfur oil no longer exist, the permit shall be modified accordingly.

4. Nothing in this Section shall be construed as allowing the use of a supplementary control system or other form of dispersion technology.

I. The owner or operator of any stationary rotating machinery subject to the provisions of this Section shall record daily the sulfur content and lower heating value of the fuel being fired in the machine.

J. The owner or operator of any stationary rotating machinery subject to the provisions of this Section shall report to the Director any daily period during which the sulfur content of the fuel being fired in the machine exceeds 0.8%.

K. The test methods and procedures required by this Section are as follows:

1. To determine compliance with the standards prescribed in subsections (C) through (H), the following reference methods shall be used:

a. Reference Method 20 in 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, for the concentration of sulfur dioxide and oxygen.

b. ASTM Method D129-91 (Test Method for Sulfur in Petroleum Products) (General Bomb Method) for the sulfur content of liquid fuels.

c. ASTM Method D1072-90 (Test Method for Total Sulfur in Fuel Gases for the sulfur content of gaseous fuels.

2. To determine compliance with the standards prescribed in subsection (J), the following reference methods shall be used:

a. ASTM Method D129-91 (Test Method for Sulfur in Petroleum Products) (General Bomb Method) for the sulfur content of liquid fuels.

b. ASTM Method D1072-90 (Test Method for Total Sulfur in Fuel Gases) for the sulfur content of gaseous fuels.

History

• Section R18-2-719 renumbered from R18-2-519 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1). Amended by final rulemaking at 18 A.A.R. 1542, effective August 7, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-2-720 Standards of Performance for Existing Lime Manufacturing Plants

A. The provisions of this Section are applicable to the following affected facilities used in the manufacture of lime: rotary lime kilns, vertical lime kilns, lime hydrators, and limestone crushing facilities. This Section is also applicable to limestone crushing equipment which exists apart from other lime manufacturing facilities.

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from any lime manufacturing or limestone crushing facility in total quantities in excess of the amounts calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter.

E. Fugitive emissions from lime plants shall be controlled in accordance with R18-2-604 through R18-2-607.

F. The owner or operator subject to the provisions of this Section shall install, calibrate, maintain, and operate a continuous monitoring system, except as provided in subsection (G), to monitor and record the opacity of the gases discharged into the atmosphere from any rotary lime kiln. The span of this system shall be set at 70% opacity.

G. The owner or operator of any rotary lime kiln using a wet scrubbing emission control device subject to the provisions of this Section shall not be required to monitor the opacity of the gases discharged as required in subsection (F).

H. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with this Section as follows:

a. Method 5 for the measurement of particulate matter,

b. Method 1 for sample and velocity traverses,

c. Method 2 for velocity and volumetric flow rate,

d. Method 3 for gas analysis,

e. Method 4 for stack gas moisture,

f. Method 9 for visible emissions.

For Method 5, the sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.85 dscm/hr (0.53 dscf/min), except that shorter sampling times, when necessitated by process variables or other factors, may be approved by the Director.

3. Because of the high moisture content of the exhaust gases from the hydrators, in the range of 40 to 85% by volume, the Method 5 sample train may be modified to include a calibrated orifice immediately following the sample nozzle when testing lime hydrators. In this configuration, the sampling rate necessary for maintaining isokinetic conditions can be directly related to exhaust gas velocity without a correction for moisture content.

History

• Section R18-2-720 renumbered from R18-2-520 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-721 Standards of Performance for Existing Nonferrous Metals Industry Sources

A. The provisions of this Section are applicable to the following affected facilities:

1. Mines,

2. Mills,

3. Concentrators,

4. Crusers,

5. Screens,

6. Material handling facilities,

7. Fine ore storage,

8. Dryers,

9. Roasters, and

10. Loaders.

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere in any one hour from any process source subject to the provisions of this Section in total quantities in excess of the amounts calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

D. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter.

E. No person shall cause, allow or permit to be discharged into the atmosphere from any dryer or roaster the operating temperature of which exceeds 700°F, reduced sulfur in excess of 10% of the sulfur entering the process as feed. Reduced sulfur includes sulfur equivalent from all sulfur emissions including sulfur dioxide, sulfur trioxide, and sulfuric acid.

F. The owner or operator of any mining property subject to the provisions of this Section shall record the daily process rates and hours of operation of all material handling facilities.

G. A continuous monitoring system for measuring sulfur dioxide emissions shall be installed, calibrated, maintained and operated by the owner or operator where dryers or roasters are not expected to achieve compliance with the standard under subsection (E).

H. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the standard prescribed in this Section as follows:

a. Method 5 for the concentration of particulate matter and the associated moisture content;

b. Method 1 for sample and velocity traverses;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis and calculation of excess air, using the integrated sample technique;

e. Method 6 for concentration of SO₂.

2. For Method 5, Method 1 shall be used to select the sampling site and the number of traverse sampling points. The sampling time for each run shall be at least 60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf), except that smaller sampling times or volumes, when necessitated by process variables or other factors, may be approved by the Director. The probe and filter holder heating systems in the sampling train shall be set to provide a gas temperature no greater than 160°C. (320°F.).

3. For Method 6, the sampling site shall be the same as that selected for Method 5. The sampling point in the duct shall be at the centroid of the cross section or at a point no closer to the walls than 1 m (3.28 ft.). For Method 6, the sample shall be extracted at a rate proportional to the gas velocity at the sampling point.

4. For Method 6, the minimum sampling time shall be 20 minutes and the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample. The arithmetic mean of two samples shall constitute one run. Samples shall be taken at approximately 30-minute intervals.

History

• Section R18-2-721 renumbered from R18-2-521 effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-722 Standards of Performance for Existing Gravel or Crushed Stone Processing Plants

A. The provisions of this Section are applicable to the following affected facilities: primary rock crushers, secondary rock crushers, tertiary rock crushers, screens, conveyors and conveyor transfer points, stackers, reclaimers, and all gravel or crushed stone processing plants and rock storage piles.

B. No person shall cause, allow or permit the discharge of particulate matter into the atmosphere except as fugitive emissions in any one hour from any gravel or crushed stone processing plant in total quantities in excess of the amounts calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (B)(1).

C. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

D. Spray bar pollution controls shall be utilized in accordance with "EPA Control of Air Emissions From Process Operations In The Rock Crushing Industry" (EPA 340/1-79-002), "Wet Suppression System" (pages 15-34, amended as of January 1979 (and no future amendments or editions)), as incorporated herein by reference and on file with the Office of the Secretary of State, with placement of spray bars and nozzles as required by the Director to minimize air pollution.

E. Fugitive emissions from gravel or crushed stone processing plants shall be controlled in accordance with R18-2-604 through R18-2-607.

F. The owner or operator of any affected facility subject to the provisions of this Section shall install, calibrate, maintain, and operate monitoring devices which can be used to determine daily the process weight of gravel or crushed stone produced. The weighing devices shall have an accuracy of ± 5% over their operating range.

G. The owner or operator of any affected facility shall maintain a record of daily production rates of gravel or crushed stone produced.

H. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the standards prescribed in this Section as follows:

a. Method 5 for concentration of particulate matter and moisture content,

b. Method 1 for sample and velocity traverses,

c. Method 2 for velocity and volumetric flow rate,

d. Method 3 for gas analysis.

For Method 5, the sampling time for each run shall be at least 60 minutes and the minimum sample volume is 0.85 dscm (30 dscf), except that shorter sampling times or smaller volumes, when necessitated by process variables or other factors, may be approved by the Director. Sampling shall not be started until 30 minutes after start-up and shall be terminated before shutdown procedures commence. The owner or operator of the affected facility shall eliminate cyclonic flow during performance tests in a manner acceptable to the Director.

History

• Section R18-2-722 renumbered from R18-2-522 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-723 Standards of Performance for Existing Concrete Batch Plants

Fugitive dust emitted from concrete batch plants shall be controlled in accordance with R18-2-604 through R18-2-607.

History

• Section R18-2-723 renumbered from R18-2-523 and amended effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-724 Standards of Performance for Fossil-fuel Fired Industrial and Commercial Equipment

A. This Section applies to industrial and commercial installations which are less than 73 megawatts capacity (250 million Btu per hour), but in the aggregate on any premises are rated at greater than 500,000 Btu per hour (0.146 megawatts), and in which fuel is burned for the primary purpose of producing steam, hot water, hot air or other liquids, gases or solids and in the course of doing so the products of combustion do not come into direct contact with process materials. When any products or by-products of a manufacturing process are burned for the same purpose or in conjunction with any fuel, the same maximum emission limitations shall apply.

B. For purposes of this Section, the heat input shall be the aggregate heat content of all fuels whose products of combustion pass through a stack or other outlet. The heat content of solid fuel shall be determined in accordance with R18-2-311 . Compliance tests shall be conducted during operation at the nominal rated capacity of each unit. The total heat input of all fuel-burning units on a plant or premises shall be used for determining the maximum allowable amount of particulate matter which may be emitted.

C. No person shall cause, allow or permit the emission of particulate matter, caused by combustion of fuel, from any fuel-burning operation in excess of the amounts calculated by one of the following equations:

1. For equipment having a heat input rate of 4200 million Btu per hour or less, the maximum allowable emissions shall be determined by the following equation:

E = 1.02Q^0.769

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

Q = the heat input in million Btu per hour.

2. For equipment having a heat input rate greater than 4200 million Btu per hour, the maximum allowable emissions shall be determined by the following equation:

E = 17.0Q^0.432

where "E" and "Q" have the same meanings as in subsection (C)(1).

D. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

E. Fossil-fuel fired industrial and commercial equipment installations shall not emit more than 1.0 pounds of sulfur dioxide per million Btu heat input when low sulfur oil is fired.

F. Fossil-fuel fired industrial and commercial equipment installations shall not emit more than 2.2 pounds of sulfur dioxide per million Btu heat input when high sulfur oil is fired.

G. Any permit issued for the operation of an existing source, or any renewal or modification of such a permit, shall include a condition prohibiting the use of high sulfur oil by the permittee. This condition may be omitted from the permit if the applicant demonstrates to the satisfaction of the Director both that sufficient quantities of low sulfur oil are not available for use by the source and that it has adequate facilities and contingency plans to ensure that the sulfur dioxide ambient air quality standards set forth in R18-2-202 will not be violated.

1. The terms of the permit may authorize the use of high sulfur oil under such conditions as are justified.

2. In cases where the permittee is authorized to use high sulfur oil, it shall submit to the Department monthly reports detailing its efforts to obtain low sulfur oil.

3. When the conditions justifying the use of high sulfur oil no longer exist, the permit shall be modified accordingly.

4. Nothing in this Section shall be construed as allowing the use of a supplementary control system or other form of dispersion technology.

H. When coal is fired, fossil-fuel fired industrial and commercial equipment installations shall not emit more than 1.0 pounds of sulfur dioxide per million Btu heat input.

I. The owner or operator subject to the provisions of this Section shall install, calibrate, maintain and operate a continuous monitoring system for measurement of the opacity of emissions discharged into the atmosphere from the control device.

J. For the purpose of reports required under excess emissions reporting required by R18-2-310.01, the owner or operator shall report all six-minute periods in which the opacity of any plume or effluent exceeds 15%.

K. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A, as incorporated by reference in Appendix 2 of this Chapter, shall be used to determine compliance with the standards as prescribed in this Section.

a. Method 1 for selection of sampling site and sample traverses,

b. Method 3 for gas analysis to be used when applying Reference Methods 5 and 6,

c. Method 5 for concentration of particulate matter and the associated moisture content,

d. Method 6 for concentration of SO₂.

2. For Method 5, Method 1 shall be used to select the sampling site and the number of traverse sampling points. The sampling time for each run shall be at least 60 minutes and the minimum sampling volume shall be 0.85 dscm (30 dscf), except that smaller sampling times or volumes, when necessitated by process variables or other factors, may be approved by the Director. The probe and filter holder heating systems in the sampling train shall be set to provide a gas temperature no greater than 160°C. (320°F.).

3. For Method 6, the sampling site shall be the same as that selected for Method 5. The sampling point in the duct shall be at the centroid of the cross section or at a point no closer to the walls than 1 m (3.28 ft). For Method 6, the sample shall be extracted at a rate proportional to the gas velocity at the sampling point.

4. For Method 6, the minimum sampling time shall be 20 minutes and the minimum sampling volume 0.02 dscm (0.71 dscf) for each sample. The arithmetic mean of two samples shall constitute one run. Samples shall be taken at approximately 30-minute intervals.

5. Gross calorific value shall be determined in accordance with the applicable ASTM methods: D-2015-91 (Test for Gross Calorific Value of Solid Fuel by the Adiabatic Bomb Calorimeter) for solid fuels; D-240-87 (Test Method for Heat of Combustion of Liquid Hydrocarbon Fuels by Bomb Calorimeter) for liquid fuels; and D-1826-88 (Test Method for Calorific Value of Gases in Natural Gas Range by Continuous Recording Calorimeter) for gaseous fuels. The rate of fuels burned during each testing period shall be determined by suitable methods and shall be confirmed by a material balance over the fossil-fuel fired system.

History

• Section R18-2-724 renumbered from R18-2-524 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 7 A.A.R. 1164, effective February 15, 2001 (Supp. 01-1). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-725 Standards of Performance for Existing Dry Cleaning Plants

A. No person shall conduct any dry cleaning operation using chlorinated synthetic solvents without minimizing organic solvent emissions by good modern practices including but not limited to the use of an adequately sized and properly maintained activated carbon absorber or other equally effective control device.

B. No person shall operate any dry cleaning establishment using petroleum solvents other than non-photochemically reactive solvents without reducing solvent emissions by at least 90%. For purposes of this subsection, a photochemically reactive solvent shall be any solvent with an aggregate of more than 20% of its total volume composed of the chemical compounds classified in subsections (B)(1) through (3), or which exceeds any of the following percentage composition limitations, referred to the total volume of solvent:

1. A combination of the following types of compounds having an olefinic or cyclo-olefinic type of unsaturation -- hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones: 5%.

2. A combination of aromatic compounds with 8 or more carbon atoms to the molecule except ethylbenzene: 8%.

3. A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichlorethylene or toluene: 20%.

C. Where a stack, vent or other outlet is at such a level that fumes, gas mist, odor, smoke, vapor or any combination thereof constituting air pollution is discharged to adjoining property, the Director may require the installation of abatement equipment or the alteration of such stack, vent, or other outlet by the owner or operator thereof to a degree that will adequately dilute, reduce or eliminate the discharge of air pollution to the adjoining property.

History

• Section R18-2-725 renumbered from R18-2-525 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-726 Standards of Performance for Sandblasting Operations

No person shall cause or permit sandblasting or other abrasive blasting without minimizing dust emissions to the atmosphere through the use of good modern practices. Examples of good modern practices include wet blasting and the use of effective enclosures with necessary dust collecting equipment.

History

• Section R18-2-726 renumbered from R18-2-526 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-727 Standards of Performance for Spray Painting Operations

A. No person shall conduct any spray paint operation without minimizing organic solvent emissions. Such operations other than architectural coating and spot painting, shall be conducted in an enclosed area equipped with controls containing no less than 96% of the overspray.

B. No person shall either:

1. Employ, apply, evaporate or dry any architectural coating containing photochemically reactive solvents for industrial or commercial purposes; or

2. Thin or dilute any architectural coating with a photochemically reactive solvent.

C. For purposes of subsection (B), a photochemically reactive solvent shall be any solvent with an aggregate of more than 20% of its total volume composed of the chemical compounds classified in subsections (1) through (3), or which exceeds any of the following percentage composition limitations, referred to the total volume of solvent:

1. A combination of the following types of compounds having an olefinic or cyclo-olefinic type of unsaturation -- hydrocarbons, alcohols, aldehydes, esters, ethers, or ketones: 5%.

2. A combination of aromatic compounds with 8 or more carbon atoms to the molecule except ethylbenzene: 8%.

3. A combination of ethylbenzene, ketones having branched hydrocarbon structures, trichlorethylene or toluene: 20%.

D. Whenever any organic solvent or any constituent of an organic solvent may be classified from its chemical structure into more than one of the groups or organic compounds described in subsection (C)(1) through (3), it shall be considered to be a member of the group having the least allowable percent of the total volume of solvents.

History

• Section R18-2-727 renumbered from R18-2-527 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-728 Standards of Performance for Existing Ammonium Sulfide Manufacturing Plants

A. The provisions of this Section are applicable to the following affected facilities in ammonium sulfide manufacturing plants: sulfide unloading facilities, reactor-absorbers, bubble cap scrubbers, and fume incinerators.

B. No person shall cause, allow or permit to be emitted into the atmosphere, from any type of incinerator or other outlet smoke, fumes, gases, particulate matter or other gas-borne material, the opacity of which exceeds 20%.

C. No person shall cause, allow or permit to be emitted into the atmosphere from any emission point from any incinerator, or to pass a convenient measuring point near such emission point, particulate matter of concentrations in excess of 0.1 grain per cubic foot, based on dry flue gas at standard conditions, corrected to 12% carbon dioxide.

D. No person shall allow hydrogen sulfide to be emitted from any location in such manner and amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 0.03 parts per million by volume for any averaging period of 30 minutes or more.

E. Where a stack, vent or other outlet is at such a level that fumes, gas mist, odor, smoke, vapor or any combination thereof constituting air pollution are discharged to adjoining property, the Director may require the installation of abatement equipment or the alteration of such stack, vent, or other outlet by the owner or operator thereof to a degree that will adequately dilute, reduce or eliminate the discharge of air pollution to adjoining property.

F. The owner or operator of any ammonium sulfide tailgas incinerator subject to the provisions of this Section shall do both of the following:

1. Install, calibrate, maintain, and operate a flow measuring device which can be used to determine either the mass or volume of tailgas charged to the incinerator. The flow measuring device shall have an accuracy of ± 5% over its operating range.

2. Provide access to the tailgas charged so that a well-mixed representative grab sample can be obtained.

G. The test methods and procedures required by this Section are as follows:

1. The reference methods in 40 CFR 60, Appendix A shall be used to determine compliance with the standards prescribed in this Section as follows:

a. Method 5 for the concentration of particulate matter and the associated moisture content;

b. Method 1 for sample and velocity traverse;

c. Method 2 for velocity and volumetric flow rate;

d. Method 3 for gas analysis and calculation of excess air, using the integrated sample technique;

e. Method 11 shall be used to determine the concentration of H₂ S and Method 6 shall be used to determine the concentration of SO₂.

2. For Method 5, the sampling time for each run shall be at least 60 minutes and the minimum sample volume shall be 0.85 dscm (30.0 dscf) except that shorter sampling times and smaller sample volumes, when necessitated by process variables or other factors, may be approved by the Director.

3. Particulate matter emissions, expressed in g/dscm, shall be corrected to 12% CO₂ by using the following formula:

C₁₂ = 12c

%CO₂

where:

C₁₂ = the concentration of particulate matter corrected to 12% CO₂ ,

c = the concentration of particulate matter as measured by Method 5, and

%CO₂ = the percentage of CO₂ as measured by Method 3, or, when applicable, the adjusted outlet CO₂ percentage.

4. If Method 11 is used, the gases sampled shall be introduced into the sampling train at approximately atmospheric pressure. Where fuel gas lines are operating at pressures substantially above atmosphere, this may be accomplished with a flow control valve. If the line pressure is high enough to operate the sampling train without a vacuum pump, the pump may be eliminated from the sampling train. The sample shall be drawn from a point near the centroid of the fuel gas line. The minimum sampling time shall be 10 minutes and the minimum sampling volume 0.01 dscm (0.35 dscf) for each sample. The arithmetic average of two samples of equal sampling time shall constitute one run. Samples shall be taken at approximately one-hour intervals. For most fuel gases, sample times exceeding 20 minutes may result in depletion of the collecting solution, although fuel gases containing low concentrations of hydrogen sulfide may necessitate sampling for longer periods of time.

5. If Method 5 is used, Method 1 shall be used for velocity traverses and Method 2 for determining velocity and volumetric flow rate. The sampling site for determining CO₂ concentration by Method 3 shall be the same as for determining volumetric flow rate by Method 2. The sampling point in the duct for determining SO₂ concentration by Method 3 shall be at the centroid of the cross section if the cross sectional area is less than 5 m² (54 ft²) or at a point no closer to the walls than 1 m (3.28 feet) if the cross sectional area is 5 m² or more and the centroid is more than 1 meter from the wall. The sample shall be extracted at a rate proportional to the gas velocity at the sampling point. The minimum sampling time shall be 10 minutes and the minimum sampling volume 0.01 dscm (0.36 dscf) for each sample. The arithmetic average of two samples of equal sampling time shall constitute one run. Samples shall be taken at approximately one-hour intervals.

History

• Section R18-2-728 renumbered from R18-2-528 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-729 Standards of Performance for Cotton Gins

A. Fugitive dust, lint, bolls, cotton seed or other material emitted from a cotton gin or lying loose in a yard shall be collected and disposed of in an efficient manner or shall be treated in accordance with R18-2-604 through R18-2-607.

B. No person shall cause, allow or permit to be emitted into the atmosphere, from any type of incinerator, smoke, fumes, gases, particulate matter or other gas-borne material which exceeds 40% opacity.

C. No person shall cause, allow, or permit the discharge of particulate matter into the atmosphere in any one hour from any cotton gin in total quantities in excess of the amounts calculated by one of the following equations:

1. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

2. For process sources having a process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (C)(1).

D. The test methods and procedures required by this Section are as follows:

1. The reference methods in the Arizona Testing Manual and 40 CFR 60, Appendix A shall be used to determine compliance with this Section as follows:

a. Method A-2 for the measurement of particulate matter,

b. Method 1 for sample and velocity traverses,

c. Method 2 for velocity and volumetric flow rate,

d. Method 3 for gas analysis,

e. Method 9 for visible emissions.

For Method A-2, the sampling time for each run shall be at least 60 minutes and the sampling rate shall be at least 0.85 dry standard cubic meters per hour (0.53 dry standard cubic feet per minute), except that shorter sampling times, when necessitated by progress variables or other factors, may be approved by the Director.

History

• Section R18-2-729 renumbered from R18-2-529 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07-2).

Ariz. Admin. Code § R18-2-730 Standards of Performance for Unclassified Sources

A. No existing source which is not otherwise subject to standards of performance under this Article or Article 9 or 11 of this Chapter, shall cause or permit the emission of pollutants at rates greater than the following:

1. For particulate matter discharged into the atmosphere in any one hour from any unclassified process source in total quantities in excess of the amounts calculated by one of the following equations:

a. For process sources having a process weight rate of 60,000 pounds per hour (30 tons per hour) or less, the maximum allowable emissions shall be determined by the following equation:

E = 4.10P^0.67

where:

E = the maximum allowable particulate emissions rate in pounds-mass per hour.

P = the process weight rate in tons-mass per hour.

b. For process weight rate greater than 60,000 pounds per hour (30 tons per hour), the maximum allowable emissions shall be determined by the following equation:

E = 55.0P^0.11 -40

where "E" and "P" are defined as indicated in subsection (A)(1)(a).

Sulfur dioxide - 600 parts per million.

3. Nitrogen oxides expressed as NO₂ - 500 parts per million.

B. For purposes of this Section, the total process weight from all similar units employing a similar type process shall be used in determining the maximum allowable emission of particulate matter.

C. Actual values shall be calculated from the applicable equations and rounded off to two decimal places.

D. No person shall emit gaseous or odorous materials from equipment, operations or premises under the person's control in such quantities or concentrations as to cause air pollution.

E. No person shall operate or use any machine, equipment, or other contrivance for the treatment or processing of animal or vegetable matter, separately or in combination, unless all gaseous vapors and gas entrained effluents from such operations, equipment, or contrivance have been either:

Incinerated to destruction, as indicated by a temperature measuring device, at not less than 1,200°F if constructed or reconstructed prior to January 1, 1989, or 1,600°F with a minimum residence time of 0.5 seconds if constructed or reconstructed thereafter; or

2. Passed through such other device which is designed, installed and maintained to prevent the emission of odors or other air contaminants and which is approved by the Director.

F. Materials including solvents or other volatile compounds, paints, acids, alkalies, pesticides, fertilizers and manure shall be processed, stored, used and transported in such a manner and by such means that they will not evaporate, leak, escape or be otherwise discharged into the ambient air so as to cause or contribute to air pollution. Where means are available to reduce effectively the contribution to air pollution from evaporation, leakage or discharge, the installation and use of such control methods, devices, or equipment shall be mandatory.

G. Where a stack, vent or other outlet is at such a level that fumes, gas mist, odor, smoke, vapor or any combination thereof constituting air pollution is discharged to adjoining property, the Director may require the installation of abatement equipment or the alteration of such stack, vent, or other outlet by the owner or operator thereof to a degree that will adequately dilute, reduce or eliminate the discharge of air pollution to adjoining property.

H. No person shall allow hydrogen sulfide to be emitted from any location in such manner and amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 0.03 parts per million by volume for any averaging period of 30 minutes or more.

I. No person shall cause, allow or permit discharge from any stationary source carbon monoxide emissions without the use of complete secondary combustion of waste gases generated by any process source.

J. No person shall allow hydrogen cyanide to be emitted from any location in such manner and amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 0.3 parts per million by volume for any averaging period of eight hours.

K. No person shall allow sodium cyanide dust or dust from any other solid cyanide to be emitted from any location in such manner and amount that the concentration of such emissions into the ambient air at any occupied place beyond the premises on which the source is located exceeds 140 micrograms per cubic meter for any averaging period of eight hours.

L. No owner or operator of a facility engaged in the surface coating of miscellaneous metal parts and products may operate a coating application system subject to this Section that emits volatile organic compounds in excess of any of the following:

1. 4.3 pounds per gallon (0.5 kilograms per liter) of coating, excluding water, delivered to a coating applicator that applies clear coatings.

2. 3.5 pounds per gallon (0.42 kilograms per liter) of coating, excluding water delivered to a coating applicator in a coating application system that is air dried or forced warm air dried at temperatures up to 194°F (90°C).

3. 3.5 pounds per gallon (0.42 kilograms per liter) of coating, excluding water, delivered to a coating applicator that applies extreme performance coatings.

4. 3.0 pounds per gallon (0.36 kilograms per liter) of coating, excluding water, delivered to a coating applicator for all other coatings and application systems.

M. If more than one emission limitation in subsection (L) applies to a specific coating, then the least stringent emission limitation shall be applied.

N. All VOC emissions from solvent washings shall be considered in the emission limitations in subsection (L), unless the solvent is directed into containers that prevent evaporation into the atmosphere.

History

• Renumbered from R18-2-530 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 15 A.A.R. 281, effective March 7, 2009 (Supp. 09-1).

Ariz. Admin. Code § R18-2-731 Standards of Performance for Existing Municipal Solid Waste Landfills

A. This Section applies to each municipal solid waste landfill (MSW landfill) at which:

1. Construction, reconstruction, or modification began on or before July 17, 2014; and

2. Waste was accepted at any time since November 8, 1987, or additional design capacity is available for future waste deposition.

B. For the purposes of this Section, "Municipal solid waste landfill or MSW landfill" means an entire disposal facility in a contiguous geographical space where household waste is placed in or on land. An MSW landfill may also receive other types of RCRA (Resource Conservation and Recovery Act) Subtitle D wastes such as commercial solid waste, nonhazardous sludge, conditionally exempt small quantity generator waste, and industrial solid waste. Portions of an MSW landfill may be separated by access roads. An MSW landfill may be publicly or privately owned.

C. MSW landfills covered by this Section shall comply with 40 CFR 60, Subpart Cf, effective as of the date of EPA approval of the state plan under section 111(d) of the Act. 40 CFR 60, Subpart WWW, "Standards of Performance for Municipal Solid Waste Landfills," will remain in effect until Arizona's state plan implementing Subpart Cf is approved by EPA. 40 CFR 60, Subpart Cf "Emissions Guidelines and Compliance Times for Municipal Solid Waste Landfills," as adopted on August 29, 2016 (and no future amendments) is hereby incorporated by reference as applicable requirements. MSW landfills may meet the requirements of Subpart Cf by complying with 40 CFR 60, Subpart XXX. 40 CFR 60, Subpart XXX "Standards of Performance for Municipal Solid Waste Landfills that Commenced Construction, Reconstruction or Modification After July 17, 2014," is incorporated by reference in R18-2-901 .

1. Definitions. In addition to the definitions in 40 CFR 60.751, "Administrator" means the Director of the Department of Environmental Quality.

2. Reporting. Each MSW landfill shall comply with the reporting requirements of 40 CFR 60.757 . The initial design capacity report and initial NMOC emission rate report shall be due 90 days after the effective date of this rule.

3. Design plan. An MSW landfill that is required to install a collection and control system shall submit a design plan for the system to the Director with a Standard Permit Application Form not later than 12 months after it submitted or should have submitted a NMOC emission rate report indicating emissions greater than 50 Mg per year. The design plan shall be prepared by a professional engineer registered in Arizona. The Director shall not approve the design plan if it does not meet the requirements of 40 CFR 60.752(b)(2)(ii).

4. System installation. An MSW landfill that is required to install a collection and control system shall complete installation of the system not later than 30 months after the effective date of this rule.

5. An MSW landfill that first becomes subject to the collection and control system requirement after the effective date of this rule shall submit a design plan for the system to the Director not later than 12 months after it submitted or should have submitted an NMOC emission rate report indicating emissions greater than 50 Mg per year.

History

• Adopted effective April 4, 1997; filed with the Office of the Secretary of State March 14, 1997 (Supp. 97-1). Amended by final rulemaking at 24 A.A.R. 1864, effective 8/10/2018.

Ariz. Admin. Code § R18-2-732 Expired

History

• New Section adopted by final rulemaking at 5 A.A.R. 3058, effective August 10, 1999 (Supp. 99-3). Amended by final rulemaking at 13 A.A.R. 2157, effective August 4, 2007 (Supp. 07-2). Section expired under A.R.S. § 41- 1056(J) at 21 A.A.R. 15, effective September 30, 2015 (Supp. 15-4).

Ariz. Admin. Code § R18-2-733 [Repealed]

History

• New Section made by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4). Repealed by Final rulemaking at 21 A.A.R. 711, effective 6/30/2015.

Ariz. Admin. Code § R18-2-733.01 [Repealed]

History

• New Section made by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4). Repealed by Final rulemaking at 21 A.A.R. 711, effective 6/30/2015.

Ariz. Admin. Code § R18-2-734 Standards of Performance for Mercury Emissions from Electric Generating Units

A. Applicability and Purpose. The requirements of this Section apply to owners and operators of electric generating units. The purpose of this Section is to establish:

1. Interim standards for mercury emissions from electric generating units that shall apply until compliance with the emissions limits in the federal mercury standards is required.

2. State standards for mercury emissions from electric generating units that shall apply if the federal mercury standards are vacated by a federal court or repealed by the administrator.

B. Interim Standards. The following requirements shall apply until the date that compliance with the federal mercury standards or subsection (G) is required:

1. The owners and operators shall comply with the mercury control strategy operations and maintenance plan approved as part of the permit for the electric generating plant.

2. The owners and operators shall operate and maintain the electric generating plant, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing mercury emissions. This requirement shall apply to any air pollution control equipment installed pursuant to paragraph (B)(1) or to any new air pollution control equipment installed to comply with the federal mercury standards if such equipment replaces equipment installed pursuant to paragraph (B)(1).

C. Incorporation of Federal Mercury Standards. The federal mercury standards in 40 CFR Part 63, Subpart UUUUU, as of July 1, 2013 (and no future amendments or editions) are incorporated by reference and shall remain effective to the extent specified in this Section regardless of whether they are vacated by a federal court or repealed by the administrator. Subpart UUUU of 40 C.F.R. Part 63 is published by the United States Government Printing Office, 732 North Capital Street, NW, Washington, DC 20401-0001, is on file with the Department of Environmental Quality, 1110 West Washington Street, Phoenix, Arizona 85007, and is available at the Arizona State Library, Archives & Public Records, 1700 West Washington Street, Phoenix, Arizona 85007 and at other Federal depositary libraries in the state (see http://catalog.gpo.gov/fdlpdir/FDLPdir.jspst_12=AZ&flag=searchp). It is also available online at http://www.gpo.gov/fdsys/ browse/collectionCfr.actioncollectionCode=CFR. The owners and operators shall provide to the director a copy of all notices and reports submitted to the Administrator under the federal mercury standards, except for any reports or data submitted to the Administrator through electronic systems (for example, Compliance and Emissions Data Reporting Interface (CEDRI), Emission Collection Monitoring Plan System Client Tool (ECMPS) or the Emissions Reporting Tool (ERT)).

D. Notice of State Standard Applicability. The director shall provide notice to the responsible official for each electric generating plant of any repeal or federal court vacatur of the federal mercury standards. If the repeal or vacatur occurred after the date the electric generating plant was required to comply with the emission limits in the federal mercury standards, the plant shall continue to comply with the federal mercury standards until the date that compliance with subsection (G) is required.

E. Application for Permit Revision. Within 120 days of receipt of written notice from the director under subsection (D), the owners and operators shall submit an application for a permit revision that proposes:

1. The mercury emission limit or limits in subsection (G) that shall apply to the electric generating plant.

2. A date for demonstrating compliance with the mercury emission limit consistent with subsection (F)(2).

3. A mercury monitoring plan consistent with subsection (H)(2).

F. Permit Revision Setting State Standard. A permit revision granted in response to the application submitted under subsection (E) shall contain the following conditions:

1. The mercury emission limit or limits in subsection (G) that shall apply to the electric generating plant.

2. The date compliance with the emission limit or limits shall be required. Unless the application requests an earlier date, the compliance date shall be the later of December 31, 2016 or the end of the first averaging period commencing no later than 180 days after permit issuance.

3. The date for demonstrating initial compliance with the emission limit or limits, which shall be 45 days after completion of the first full averaging period after the compliance date established under subsection (F)(2).

4. The date on which compliance with subsection (B), or the obligation to comply with the federal mercury standards in subsection (D), as applicable, shall no longer be required.

5. A mercury monitoring plan consistent with subsection (H).

6. Compliance reporting requirements consistent with subsection (I).

G. State Mercury Emission Limits. Emissions from an electric generating unit shall comply with one or more of the emission limits specified in the following table, as selected by the owners and operators under subsection (F).

| No. | Limit | Averaging Period | Applicable To | | --- | --- | --- | --- | | 1. | 10 percent of inlet mercury | Rolling 12-month | Electric generating plant | | 2. | 0.0087 pounds per gigawatt-hour | Rolling 12-month | Electric generating plant | | 3. | 0.011 pounds per gigawatt-hour | Rolling 90-boiler operating days | EGUs identified in averaging group | | 4. | 1.0 pounds per Trillion Btu | Rolling 90-boiler operating days | EGUs identified in averaging group | | 5. | 0.013 pounds per gigawatt-hour | Rolling 30-boiler operating days | Individual electric generating unit | | 6. | 1.2 pounds per Trillion Btu | Rolling 30-boiler operating days | Individual electric generating unit |

H. Compliance Monitoring and Recordkeeping.

Compliance with subsection (G) shall be determined using a mercury CEMS or sorbent trap monitoring system pursuant to Appendix A of the federal mercury standards and in accordance with an approved mercury monitoring plan.

2. The mercury monitoring plan shall include the following elements:

a. Identification of the emission limit or limits in subsection (G) for which compliance will be demonstrated.

b. Identification of whether a mercury CEMS or sorbent trap monitoring system will be used as the primary compliance method. Backup methods may be identified and approved in the plan.

c. Description of the parameters that will be monitored, including mercury concentration, stack flow, fuel mercury content, fuel rate, electricity generation rate, moisture percent, and any diluent or other gas or process parameters necessary to calculate compliance in terms of the applicable emission limit.

d. Description and example of the calculations required to convert monitored parameters to mercury emissions in terms of the emission limit.

e. Establishment of CEMS analyzer data availability, and QA/QC requirements.

f. Procedures for completing an initial demonstration of compliance, except as otherwise provided in subsection (I)(1).

At least once per month, the mercury emissions data shall be compiled into a record demonstrating compliance with the emission limit or limits established in the permit revision issued under subsection (F). This record shall be completed no later than the 15th day of the following month.

3. Records shall be maintained as follows:

a. Records demonstrating compliance with the emissions limits shall be maintained for five years.

b. If a mercury CEMS is used, daily CEMS data, QA/QC data identified in the mercury monitoring plan, any maintenance work conducted on the CEMS or data logging system, and a calculation of all mercury CEMS downtime shall be maintained for five years.

c. If a sorbent trap monitoring system is used, all sorbent monitoring data and any maintenance work conducted on the system shall be maintained for five years.

I. Reporting. The owners and operators shall submit to the director the following reports:

1. An initial demonstration of compliance, which must be submitted to the director within 180 days after completion of the first full averaging period. This requirement shall not apply to an electric generating unit if an initial demonstration of compliance has been completed for that unit under 40 C.F.R. 63.10005(d)(3) and the demonstration shows compliance with subsection (G) for that unit. The report shall include:

a. The name of the electric generating plant and electric generating units.

b. The applicable emission limit or limits for the plant or the electric generating units.

c. The mercury emissions for the plant, group of averaged units, or each unit, as applicable, during the initial compliance demonstration in terms of the applicable standard.

d. A certification by a responsible official.

2. Semiannual compliance reports, which must be submitted to the director on the dates established in the electric generating plant's air quality permit. The report shall include:

a. The name of the electric generating plant and electric generating units;

b. The applicable emission limit or limits for the plant or the electric generating units.

c. The mercury emissions for the plant, or each unit, as applicable, for each month during the six month period ending the month prior to the semiannual report in terms of the applicable standard.

d. An explanation of any excess emissions, the duration of the excess emissions, and corrective actions taken, if any, to resolve those excess emissions.

e. A certification by a responsible official.

J. Exemption. After receipt of notice under subsection (D), in lieu of submitting the permit revision application required by subsection (E), the owners and operators may notify the director in writing that they elect to comply with the vacated or repealed federal mercury standards at an electric generating plant. If the owners and operators for an electric generating plant make this election, the plant shall be exempt from subsections (E) through (I). If the owners and operators of an electric plant elect this option:

1. "Administrator" shall mean "Director" whenever it appears in the federal mercury standards or regulations referenced therein.

2. "EPA" shall mean "ADEQ, Air Quality Division" whenever it appears in the federal mercury standards or regulations referenced therein.

In lieu of reports submitted to the Administrator through electronic systems (for example, Compliance and Emissions Data Reporting Interface (CEDRI), Emission Collection Monitoring Plan System Client Tool (ECMPS) or Emissions Reporting Tool (ERT)) pursuant to the federal mercury standards, the owners or operators shall submit to the Director, semiannually at the time required by permit, the RATA or the rolling 30-day or rolling 90-day average mercury value for each EGU or the plant, as applicable.

B. Except as provided in subsections (G) and (H), rolling 12-month average mercury emissions from an electric generating plant shall not exceed 10 percent of inlet mercury or 0.0087 pound per gigawatt-hour, whichever is greater. Mercury emissions from an electric generating unit, when averaged with emissions from other electric generating units at the same electric generating plant, shall comply with this limit for the 12 calendar months ending on the later of the following, and each subsequent 12-calendar month period:

1. December 31, 2013 2016; or

2. Twelve full calendar months after the electric generating unit starts commercial operation.

C. The Director shall determine compliance with the emission standards in subsection (B), the emission level established under subsection (H)(7), and the emission limit established under subsection (I) according to the method set forth at 40 CFR § 60.50a(h), as of July 1, 2006 (and no future amendments or editions), which is incorporated by reference and on file with the Department.

D. The owner or operator of an electric generating plant subject to this Section shall measure, record, and report the mercury in the exhaust gases according to 40 CFR §§ 60.49a(p), 60.4170-60.4176, and 40 CFR Part 75, Subpart I, as of July 1, 2006 (and no future amendments or editions), which are incorporated by reference and on file with the Department.

E. By January 1, 2008, the owner or operator of an electric generating plant that commenced construction before that date shall submit an application for a significant permit revision under R18-2-320 to incorporate the monitoring, recordkeep-ing and reporting requirements of subsections (C) and (D) into the plant's permit.

F. By January 1, 2009, the owner or operator of an electric generating plant that commenced construction before that date shall submit an application for a significant permit revision under R18-2-320 to incorporate the emission standards in subsection (B) into the plant's permit. The application shall include a control strategy for meeting the emission standards and a demonstration that the control strategy is projected to meet the standards.

G. An electric generating plant shall be exempt from the standard in subsection (B) until November 30, 2014, if:

1. The owner or operator of the electric generating plant installs and operates control technology or boiler technology or follows practices projected to meet the standard in subsection (B) according to the control strategy approved as part of the electric generating plant's permit;

2. The owner or operator operates and maintains the electric generating plant, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing mercury emissions;

3. The control strategy fails to result in emissions meeting the standard in subsection (B);

4. By January 31, 2014, the owner or operator notifies the Department of the failure to comply with subsection (B) and of the owner or operator's intent to qualify for an exemption under this subsection or subsection (H); and

5. Emissions of mercury from the electric generating plant comply with subsection (B) by no later than December 31, 2014.

H. An electric generating plant shall be exempt from the standard in subsection (B) if:

1. The owner or operator of the electric generating plant installs and operates control technology or boiler technology or follows practices projected to meet the standard in subsection (B) according to the control strategy approved as part of the electric generating plant's permit;

2. The owner or operator operates and maintains the electric generating plant, including any associated air pollution control equipment, in a manner consistent with good air pollution control practices for minimizing mercury emissions;

3. The control strategy fails to result in emissions meeting the standard in subsection (B);

4. By January 31, 2014, the owner or operator notifies the Department of the failure to comply with subsection (B) and of the owner or operator's intent to qualify for an exemption under this subsection or subsection (G); and

5. By December 31, 2014, the owner or operator files an application for a significant permit revision containing an analysis of the incremental best available control technology;

6. The Department does not deny the application for a permit revision filed under subsection (5); and

7. From January 1, 2014, until the end of the 35th full calendar month after the Department issues a permit revision under subsection (I), rolling 12-month mercury emissions from the electric generating plant do not exceed the greater of the following amounts as measured for the plant during calendar year 2013:

a. The percentage of inlet mercury actually emitted minus 10 percent of the percentage control achieved; or

b. Actual mercury emissions in pounds per gigawatt-hour plus 10 percent.

I. A permit revision issued in response to an application submitted under subsection (H)(5) shall impose incremental best available control technology. Beginning at the end of the 36th full calendar month after the Department issues a permit revision under this subsection, rolling 12-month mercury emissions from the electric generating plant shall not exceed the emission limit imposed under this subsection.

J. After December 31, 2015, any best available control technology analysis for a new electric generating unit conducted under R18-2-406 shall consider alternative technologies for combustion of coal and coal-derived fuels. This subsection does not diminish the Department's authority under R18-2-406 .

History

• New Section made by final rulemaking at 12 A.A.R. 4701, effective January 29, 2007 (Supp. 06-4). Amended by Final rulemaking at 21 A.A.R. 711, effective 6/30/2015.

Article 8 EMISSIONS FROM MOBILE SOURCES (NEW AND EXISTING)

Ariz. Admin. Code § R18-2-801 Classification of Mobile Sources

A. This Article is applicable to mobile sources which either move while emitting air contaminants or are frequently moved during the course of their utilization but are not classified as motor vehicles, agricultural vehicles, or agricultural equipment used in normal farm operations. This subsection shall not apply to non-road engines or vehicles, as defined by 42 U.S.C. § 7550(10) and (11).

B. Unless otherwise specified, no mobile source shall emit smoke or dust the opacity of which exceeds 40%.

History

• Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Former Section R18-2-801 renumbered to Section R18-2-901, new Section R18-2-801 renumbered from R18-2-601 effective November 15, 1993 (Supp. 93-4). Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-802 Off-road Machinery

A. No person shall cause, allow or permit to be emitted into the atmosphere from any off-road machinery, smoke for any period greater than 10 consecutive seconds, the opacity of which exceeds 40%. Visible emissions when starting cold equipment shall be exempt from this requirement for the first 10 minutes.

B. Off-road machinery shall include trucks, graders, scrapers, rollers, locomotives and other construction and mining machinery not normally driven on a completed public roadway. This subsection shall not apply to non-road engines or vehicles, as defined by 42 U.S.C. § 7550(10) and (11).

History

• Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-802 renumbered to Section R18-2-902, new Section R18-2-802 renumbered from R18-2-602 effective November 15, 1993 (Supp. 93-4). Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-803 Heater-planer Units

No person shall cause, allow or permit to be emitted into the atmosphere from any heater-planer operated for the purpose of reconstructing asphalt pavements smoke the opacity of which exceeds 20%. However three minutes' upset time in any one hour shall not constitute a violation of this Section.

History

• Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-803 renumbered to Section R18-2-903, new Section R18-2-803 renumbered from R18-2-603 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-804 Roadway and Site Cleaning Machinery

A. No person shall cause, allow or permit to be emitted into the atmosphere from any roadway and site cleaning machinery smoke or dust for any period greater than 10 consecutive seconds, the opacity of which exceeds 40%. Visible emissions when starting cold equipment shall be exempt from this requirement for the first 10 minutes. This subsection shall not apply to non-road engines or vehicles, as defined by 42 U.S.C. § 7550(10) and (11).

B. In addition to complying with subsection (A), no person shall cause, allow or permit the cleaning of any site, roadway, or alley without taking reasonable precautions to prevent particulate matter from becoming airborne. Reasonable precautions may include applying dust suppressants. Earth or other material shall be removed from paved streets onto which earth or other material has been transported by trucking or earth moving equipment, erosion by water or by other means.

History

• Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Former Section R18-2-804 renumbered to Section R18-2-904, new Section R18-2-804 renumbered from R18-2-604 effective November 15, 1993 (Supp. 93-4). Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-805 Asphalt or Tar Kettles

A. No person shall cause, allow or permit to be emitted into the atmosphere from any asphalt or tar kettle smoke for any period greater than 10 consecutive seconds, the opacity of which exceeds 40%.

B. In addition to complying with subsection (A), no person shall cause, allow or permit the operation of an asphalt or tar kettle without minimizing air contaminant emissions by utilizing all of the following control measures:

1. The control of temperature recommended by the asphalt or tar manufacturer;

2. The operation of the kettle with lid closed except when charging;

3. The pumping of asphalt from the kettle or the drawing of asphalt through cocks with no dipping;

4. The dipping of tar in an approved manner;

5. The maintaining of the kettle in clean, properly adjusted, and good operating condition;

6. The firing of the kettle with liquid petroleum gas or other fuels acceptable to the Director.

History

• Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Former Section R18-2-805 renumbered to Section R18-2-905, new Section R18-2-805 renumbered from R18-2-605 effective November 15, 1993 (Supp. 93-4).

Article 9 NEW SOURCE PERFORMANCE STANDARDS

Ariz. Admin. Code § R18-2-901 Standards of Performance for New Stationary Sources

Except as provided in R18-2-902 through R18-2-905, the following subparts of 40 CFR 60, New Source Performance Standards (NSPS), and all accompanying appendices, adopted as of June 28, 2013, unless otherwise specified, and no future editions or amendments, are incorporated by reference as applicable requirements. These standards are on file with the Department and shall be applied by the Department. These standards can be obtained from the U.S. Government Printing Office, Superintendent of Documents, bookstore.gpo.gov, Mail Stop: SSOP IDCC-SSOM, Washington, D.C. 20402-9328.

1. Subpart A - General Provisions.

2. Subpart D - Standards of Performance for Fossil-Fuel- Fired Steam Generators for Which Construction is Commenced After August 17, 1971.

3. Subpart Da - Standards of Performance for Electric Utility Steam Generating Units for Which Construction is Commenced After September 18, 1978.

4. Subpart Db - Standards of Performance for Industrial- Commercial-Institutional Steam Generating Units.

5. Subpart Dc - Standards of Performance for Small Industrial- Commercial-Institutional Steam Generating Units.

6. Subpart E - Standards of Performance for Incinerators.

7. Subpart Ea - Standards of Performance for Municipal Waste Combustors for Which Construction is Commenced after December 20, 1989 and on or Before September 20, 1994.

8. Subpart Eb - Standards of Performance for Large Municipal Waste Combustors for Which Construction is Commenced after September 20, 1994 or for Which Modification or Reconstruction is Commenced After June 19, 1996.

9. Subpart Ec - Standards of Performance for Hospital/Medical/ Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996.

Subpart F - Standards of Performance for Portland Cement Plants.

11. Subpart G - Standards of Performance for Nitric Acid Plants.

12. Subpart Ga

• Standards of Performance for Nitric Acid Plants for which Construction, Reconstruction, or Modification Commenced after October 14, 2011.

13. Subpart H - Standards of Performance for Sulfuric Acid Plants.

14. Subpart I

• Standards of Performance for Hot Mix Asphalt Facilities.

15. Subpart J - Standards of Performance for Petroleum Refineries.

16. Subpart Ja - Standards of Performance for Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After May 14, 2007.

17. Subpart K - Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After June 11, 1973, and Prior to May 19, 1978.

18. Subpart Ka - Standards of Performance for Storage Vessels for Petroleum Liquids for Which Construction, Reconstruction, or Modification Commenced After May 18, 1978, and Prior to July 23, 1984.

19. Subpart Kb - Standards of Performance for Volatile Organic Liquid Storage Vessels (Including Petroleum Liquid Storage Vessels) for Which Construction, Reconstruction, or Modification Commenced after July 23, 1984.

20. Subpart L - Standards of Performance for Secondary Lead Smelters.

Subpart M - Standards of Performance for Secondary Brass and Bronze Production Plants.

22. Subpart N - Standards of Performance for Primary Emissions from Basic Oxygen Process Furnaces for Which Construction is Commenced After June 11, 1973.

23. Subpart Na - Standards of Performance for Secondary Emissions from Basic Oxygen Process Steelmaking Facilities for Which Construction is Commenced After January 20, 1983.

24. Subpart O - Standards of Performance for Sewage Treatment Plants.

Subpart P - Standards of Performance for Primary Copper Smelters.

26. Subpart Q - Standards of Performance for Primary Zinc Smelters.

27. Subpart R - Standards of Performance for Primary Lead Smelters.

28. Subpart S - Standards of Performance for Primary Aluminum Reduction Plants.

29. Subpart T - Standards of Performance for Phosphate Fertilizer Industry: Wet-Process Phosphoric Acid Plants.

30. Subpart U - Standards of Performance for Phosphate Fertilizer Industry: Superphosphoric Acid Plants.

31. Subpart V - Standards of Performance for Phosphate Fertilizer Industry: Diammonium Phosphate Plants.

32. Subpart W - Standards of Performance for Phosphate Fertilizer Industry: Triple Superphosphate Plants.

33. Subpart X - Standards of Performance for Phosphate Fertilizer Industry: Granular Triple Superphosphate Storage Facilities.

34. Subpart Y - Standards of Performance for Coal Preparation Plants.

35. Subpart Z - Standards of Performance for Ferroalloy Production Facilities.

36. Subpart AA - Standards of Performance for Steel Plants: Electric Arc Furnaces Constructed After October 21, 1974, and On or Before August 17, 1983.

Subpart AAa - Standards of Performance for Steel Plants: Electric Arc Furnaces and Argon-Oxygen Decarburization Vessels Constructed After August 7, 1983.

38. Subpart BB - Standards of Performance for Kraft Pulp Mills.

39. Subpart CC - Standards of Performance for Glass Manufacturing Plants.

Subpart DD - Standards of Performance for Grain Elevators.

41. Subpart EE - Standards of Performance for Surface Coating of Metal Furniture.

42. Subpart GG - Standards of Performance for Stationary Gas Turbines.

Subpart HH - Standards of Performance for Lime Manufacturing Plants.

44. Subpart KK - Standards of Performance for Lead-Acid Battery Manufacturing Plants.

45. Subpart LL - Standards of Performance for Metallic Mineral Processing Plants.

46. Subpart MM - Standards of Performance for Automobile and Light Duty Truck Surface Coating Operations.

47. Subpart NN - Standards of Performance for Phosphate Rock Plants.

48. Subpart PP - Standards of Performance for Ammonium Sulfate Manufacture.

49. Subpart QQ - Standards of Performance for Graphic Arts Industry: Publication Rotogravure Printing.

50. Subpart RR - Standards of Performance for Pressure Sensitive Tape and Label Surface Coating Operations.

51. Subpart SS - Standards of Performance for Industrial Surface Coating: Large Appliances.

52. Subpart TT - Standards of Performance for Metal Coil Surface Coating.

Subpart UU - Standards of Performance for Asphalt Processing and Asphalt Roofing Manufacture.

54. Subpart VV

• Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry.

55. Subpart VVa - Standards of Performance for Equipment Leaks of VOC in the Synthetic Organic Chemicals Manufacturing Industry for Which Construction, Reconstruction, or Modification Commenced after November 7, 2006.

56. Subpart WW - Standards of Performance for Beverage Can Surface Coating Industry.

57. Subpart XX - Standards of Performance for Bulk Gasoline Terminals.

58. Subpart AAA - Standards of Performance for New Residential Wood Heaters.

59. Subpart BBB - Standards of Performance for Rubber Tire Manufacturing Industry.

60. Subpart DDD - Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Polymer Manufacturing Industry.

61. Subpart FFF - Standards of Performance for Flexible Vinyl and Urethane Coating and Printing.

62. Subpart GGG - Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries.

63. Subpart GGGa - Standards of Performance for Equipment Leaks of VOC in Petroleum Refineries for Which Construction, Reconstruction, or Modification Commenced After November 7, 2006.

64. Subpart HHH - Standards of Performance for Synthetic Fiber Production Facilities.

65. Subpart III - Standards of Performance for Volatile Organic Compound (VOC) Emissions from the Synthetic Organic Chemical Manufacturing Industry (SOCMI) Air Oxidation Unit Processes.

66. Subpart JJJ - Standards of Performance for Petroleum Dry Cleaners.

Subpart KKK - Standards of Performance for Equipment Leaks of VOC from Onshore Natural Gas Processing Plants.

Subpart LLL - Standards of Performance for Onshore Natural Gas Processing; SO2 Emissions.

69. Subpart NNN - Standards of Performance for Volatile Organic Compound (VOC) Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Distillation Operations.

70. Subpart OOO - Standards of Performance for Nonmetallic Mineral Processing Plants.

71. Subpart PPP - Standards of Performance for Wool Fiberglass Insulation Manufacturing Plants.

72. Subpart QQQ - Standards of Performance for VOC Emissions From Petroleum Refinery Wastewater Systems.

73. Subpart RRR - Standards of Performance for Volatile Organic Compound Emissions From Synthetic Organic Chemical Manufacturing Industry (SOCMI) Reactor Processes.

74. Subpart SSS - Standards of Performance for Magnetic Tape Coating Facilities.

75. Subpart TTT - Standards of Performance for Industrial Surface Coating: Surface Coating of Plastic Parts for Business Machines.

76. Subpart UUU - Standards of Performance for Calciners and Dryers in Mineral Industries.

77. Subpart VVV - Standards of Performance for Polymeric Coating of Supporting Substrates Facilities.

78. Subpart WWW - Standards of Performance for Municipal Solid Waste Landfills.

79. Subpart XXX - Standards of Performance for Municipal Solid Waste Landfills that Commenced Construction, Reconstruction, or Modification After July 17, 2014. This subpart and all accompanying appendices are adopted as of August 29, 2016 (and no future amendments), and are incorporated by reference as applicable requirements.

80.79. Subpart AAAA - Standards of Performance for Small Municipal Waste Combustion Units for Which Construction Is Commenced after August 30, 1999, or for Which Modification or Reconstruction Is Commenced after June 6, 2001.

81.80. Subpart CCCC - Standards of Performance for Commercial and Industrial Solid Waste Incineration Units for Which Construction Is Commenced after November 30, 1999, or for Which Modification or Reconstruction Is Commenced on or after June 1, 2001.

82.81. Subpart EEEE - Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006.

83.82. Subpart IIII - Standards of Performance for Stationary Compression Ignition Combustion Engines.

84.83. Subpart JJJJ - Standards of Performance for Stationary Spark Ignition Internal Combustion Engines.

85.84. Subpart KKKK - Standards of Performance for Stationary Combustion Turbines.

86.85. Subpart LLLL - Standards of Performance for New Sewage Sludge Incineration Units.

87.86. Subpart OOOO - Standards of Performance for Crude Oil and Natural Gas Production, Transmission and Distribution.

History

• Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Amended effective February 3, 1993 (Supp. 93-1). Section R18-2-901 renumbered to R18-2-1101, new Section R18-2-901 renumbered from R18-2-801 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective December 7, 1995 (Supp. 95-4). Amended effective May 9, 1996 (Supp. 96-2). Amended effective April 4, 1997; filed with the Office of the Secretary of State March 14, 1997 (Supp. 97-1). Amended effective December 4, 1997 (Supp. 97-4). Amended by final rulemaking at 5 A.A.R. 3058, effective August 10, 1999, and at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 4170, effective October 11, 2000 (Supp. 00-4). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4). Amended by expedited rulemaking at 21 A.A.R. 2747, effective 12/13/2015. Amended by final expedited rulemaking at 24 A.A.R. 1564, effective 5/2/2018. Amended by final rulemaking at 24 A.A.R. 1864, effective 8/10/2018.

Ariz. Admin. Code § R18-2-902 General Provisions

A. As used in 40 CFR 60 : "Administrator" means the Director of the Arizona Department of Environmental Quality, except that the Director shall not be authorized to approve alternate or equivalent test methods or alternative standards or work practices.

B. From the general standards identified in R18-2-901, delete the following:

40 CFR 60.4. All requests, reports, applications, submittals, and other communications to the Director pursuant to this Article shall be submitted to the Arizona Department of Environmental Quality, Air Quality Division, 1110 West Washington Street, Phoenix, Arizona 85007.

40 CFR 60.5 and 60.6.

C. The Director shall not be delegated authority to deal with equivalency determinations or innovative technology waivers as covered in Sections 111(h)(3) and 111(j) of the Act.

History

• Adopted effective February 26, 1988 (Supp. 88-1). Amended effective September 26, 1990 (Supp. 90-3). Section R18-2-902 renumbered to R18-2-1102, new Section R18-2-902 renumbered from R18-2-802 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).

Ariz. Admin. Code § R18-2-903 Standards of Performance for Fossil-fuel Fired Steam Generators

As exceptions to 40 CFR 60.40 through 60.47:

1. In place of 40 CFR 60.43(a)(2), the following language shall be substituted: 340 nanograms per joule heat input (0.8 pounds per million Btu) derived from solid fossil fuel or solid fossil fuel and wood residue.

2. Delete 40 CFR 60.43(b).

3. If an owner or operator of a fossil-fuel fired steam generator obtained an installation permit for two or more fuel-burning equipment or steam-power generating installations before May 14, 1979, that permitted the installation to comply with the sulfur dioxide emission standards specified in R18-2-901 and this Section as if the equipment or installations were one emission discharge point:

a. The owner or operator shall comply with the applicable sulfur dioxide emission standards in the manner specified in the installation permit;

b. The Department shall incorporate the emission standards under subsection (3)(a) into each owner's or operator's operating permit as an enforceable permit condition;

c. No single fuel-burning equipment or steam-power generating installation shall emit sulfur dioxide in excess of:

i. 520 nanograms per joule heat input (1.2 pounds per million BTU) for solid fossil fuel or solid fossil fuel and wood residue; or

ii. 340 nanograms per joule heat input (0.8 pounds per million BTU) for liquid fossil fuel or liquid fossil fuel and wood residue.

When an owner or operator subject to subsection (3) changes the equipment configuration so that each fuel-burning equipment or steam-powered generating installation constitutes one emission discharge point:

a. The owner or operator shall comply with the emissions standards specified in subsection (1) and R18-2-901; and

b. The Department shall incorporate the emissions standards into the owner's or operator's operating permit as enforceable permit conditions.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-903 renumbered without change as Section R18-2-903 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1). New Section R18-2-903 renumbered from R18-2-803 and amended effective November 15, 1993 (Supp. 93-4). Amended by final rulemaking at 14 A.A.R. 230, effective March 8, 2008 (Supp. 08-1).

Ariz. Admin. Code § R18-2-904 Standards of Performance for Incinerators

A. Incinerators with a charging rate of more than 45 metric tons or 49.6 tons per day shall conform to the requirements of 40 CFR 60.50 through 60.54.

B. Incinerators with a charging rate of 45 metric tons or 49.6 tons per day or less that commence construction or modification after May 14, 1979, shall conform to the requirements of 40 CFR 60.52 through 60.54 and of R18-2-704(A).

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-904 renumbered without change as Section R18-2-904 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1). New Section R18-2-904 renumbered from R18-2-804 and amended effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-905 Standards of Performance for Storage Vessels for Petroleum Liquids

In addition to 40 CFR 60.110 - 60.113:

1. Any petroleum liquid storage tank of less than 40,000 gallons (151,412 liters) capacity shall be equipped with a submerged filling device or acceptable equivalent as determined by the Director for the control of hydrocarbon emissions.

2. All facilities for dock loading of petroleum products having a vapor pressure of 2.0 pounds per square inch absolute, or greater, at loading pressure shall provide for submerged filling or other acceptable equivalent for control of hydrocarbon emissions.

3. All pumps and compressors which handle volatile organic compounds shall be equipped with mechanical seals or other equipment of equal efficiency to prevent the release of organic contaminants into the atmosphere.

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-905 renumbered without change as Section R18-2-905 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1). New Section R18-2-905 renumbered from R18-2-805 effective November 15, 1993 (Supp. 93-4).

Ariz. Admin. Code § R18-2-906 [REPEALED]

History

• Adopted effective May 14, 1979 (Supp. 79-1). Amended effective May 28, 1982 (Supp. 82-3). Former Section R9-3-906 renumbered without change as Section R18-2-906 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

Ariz. Admin. Code § R18-2-907 Reserved

Ariz. Admin. Code § R18-2-908 Reserved

Ariz. Admin. Code § R18-2-909 Reserved

Ariz. Admin. Code § R18-2-910 [REPEALED]

History

• Adopted effective August 9, 1985 (Supp. 85-4). Former Section R9-3-910 renumbered without change as Section R18-2-910 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

Ariz. Admin. Code § R18-2-911 Reserved

Ariz. Admin. Code § R18-2-912 Reserved

Ariz. Admin. Code § R18-2-913 [REPEALED]

History

• Adopted effective August 9, 1985 (Supp. 85-4). Former Section R9-3-913 renumbered without change as Section R18-2-913 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

Ariz. Admin. Code § R18-2-914 Reserved

Ariz. Admin. Code § R18-2-915 Reserved

Ariz. Admin. Code § R18-2-916 Reserved

Ariz. Admin. Code § R18-2-917 Reserved

Ariz. Admin. Code § R18-2-918 Reserved

Ariz. Admin. Code § R18-2-919 Reserved

Ariz. Admin. Code § R18-2-920 Reserved

Ariz. Admin. Code § R18-2-921 Reserved

Ariz. Admin. Code § R18-2-922 [REPEALED]

History

• Adopted effective August 9, 1985 (Supp. 85-4). Former Section R9-3-922 renumbered without change as Section R18-2-922 (Supp. 87-3). Repealed effective February 26, 1988 (Supp. 88-1).

Article 10 MOTOR VEHICLES; INSPECTIONS AND MAINTENANCE

Ariz. Admin. Code § R18-2-1001 Definitions

The following definitions apply to this Article:

1. Abbreviations and symbols are defined as follows:

a. "A/F" means air/fuel,

b. "CO" means carbon monoxide.

c. "CO2" means carbon dioxide.

d. "EGR" means exhaust gas recirculation.

e. "GVWR" means gross vehicle weight rating.

f. "HC" means hydrocarbon.

g. "HP" means horsepower.

h. "LNG" means liquefied natural gas.

i. "LPG" means liquid petroleum gas.

j. "MIL" means malfunction indicator lamp.

k. "MPH" means miles per hour.

l. "MVD" means the Motor Vehicle Division of the Arizona Department of Transportation.

m. "NDIR" means nondispersive infrared.

n. "NOx" means the sum of nitrogen oxide and nitrogen dioxide.

o. "%" means percent.

p. "OEM" means original equipment manufacturer.

q. "OBD" means on-board diagnostics.

r. "PCV" means positive crankcase ventilation.

s. "PPM" means parts per million by volume.

t. "RPM" means revolutions per minute.

u. "VIN" means vehicle identification number.

2. "All-terrain vehicle" (ATV) means a vehicle that is defined as an "all-terrain vehicle" in A.R.S. § 28-101.

3. "Alternative fuel vehicle" means a vehicle powered by an alternative fuel as defined in A.R.S. § 1-215(4).

2. 4. "Annual test" means a test for which an annual frequency is specified in the applicable table in R18-2-1006(B).

3. 5. "Apportioned vehicle" means a vehicle that is subject to the proportional registration provisions of A.R.S. § 28-2233.

4. 6. "Area A" has the meaning in A.R.S. § 49-541.

5. "Area A vehicle" means a motor vehicle subject to emissions inspection and that is:

a. Registered or to be registered within area A;

b. Owned by or leased to a person having a valid fleet permit and customarily kept in area A;

c. A government vehicle customarily kept in area A;

d. Used to commute to the driver's principal place of employment located in area A; or

e. Parked, will be parked, or is the subject of a parking permit application at an institution located in area A and subject to the requirements of A.R.S. §§ 15-1444(C) or 15-1627(G) .

6. 7. "Area B" has the meaning in A.R.S. § 49-541.

7. "Area B vehicle" means a motor vehicle subject to emissions inspection and that is:

a. Registered or to be registered within area B;

b. Owned by or leased to a person having a valid fleet permit and customarily kept in area B;

c. A government vehicle customarily kept in area B;

d. Used to commute to the driver's principal place of employment located in area B; or

e. Parked, will be parked, or is the subject of a parking permit application at an institution located in area B and subject to the requirements of A.R.S. §§ 15-1444(C) or 15-1627(G) .

8. "Biennial test" means a test for which a biennial frequency is specified in the applicable table in R18-2-1006(B).

9. "Calibration gas" means a reference gas or gas mixture with assigned concentrations that is used to check the accuracy of emissions analyzers.

"Certificate of compliance" means a uniquely numbered document issued as part of the vehicle inspection report by a state station at the time of a vehicle inspection indicating that the vehicle has met the emissions standards.

11. "Certificate of exemption" means a uniquely numbered document issued by the Director providing an exemption from the testing requirements of this Article for a vehicle that is outside of the state on the emissions compliance expiration date.

12. "Certificate of inspection" means a uniquely numbered document issued by the Director indicating that a vehicle has been inspected under A.R.S. § 49-546 and has passed inspection.

13. "Certificate of waiver" means a uniquely numbered document issued by the Department indicating that the requirement of passing reinspection has been waived for a vehicle under A.R.S. § 49-542.

14. "CFR" means the Code of Federal Regulations, with standard reference in this Chapter by Title and Part, so that " 40 CFR 280 " means Title 40 of the Code of Federal Regulations, Part 280.

14. "Conditioning mode" means either a fast idle condition or a loaded condition as defined in this Section.

15. "Collectible vehicle" has the meaning in A.R.S. § 49-542(Z).

15. 16. "Constant 4-wheel drive vehicle" means any 4-wheel drive vehicle that cannot be converted to 2-wheel drive except by disconnecting one of the vehicle's drive shafts, or any vehicle equipped with non-disengageable traction control which cannot be safely tested on conventional 2-wheel drive dynamometers.

16. 17. "Constant volume sampler" means a system that dilutes engine exhaust to be sampled with ambient air so that the total combined flow rate of exhaust and dilution air mix is nearly constant for all engine operating conditions.

17. 18. "Contractor" means a person, business, firm, partnership, or corporation with whom the Director has a contract that provides for the operation of one or more official emissions inspection stations.

18. "Curb idle test" means an exhaust emissions test conducted with the engine of the vehicle running at the manufacturer's idle speed [DAGGER] 100 RPM but without pressure exerted on the accelerator.

19. "Curb weight" means a vehicle's unloaded weight without fuel and oil plus 300 pounds.

20. 19. "Dealer" means a person or organization licensed by the Arizona Department of Transportation as a new motor vehicle dealer or used motor vehicle dealer.

21. 20. "Department" means the Department of Environmental Quality.

21. "Diagnostic Trouble Code" (DTC) means an alphanumeric code which is set in a vehicle's on-board diagnostic system when the OBD system detects an emissions control device or system failure.

22. "Diesel" or "Diesel Fuel" has the same meaning as in A.R.S. § 3-3401.

22. 23. "Director" means the Director of the Department of Environmental Quality.

23. 24. "Director's certificate" means a uniquely numbered document issued by the Director in certain circumstances for the vehicle to show evidence of meeting the minimum standards for registration.

24. 25. "Electrically-powered vehicle" means a vehicle that uses electricity as the means of propulsion and does not require the combustion of fossil fuel within the confines of the vehicle to generate electricity.

25. 26. "Emissions compliance expiration date" means:

a. Each registration expiration date for a vehicle subject to an annual test; and

b. The registration expiration date in the second year after the initial biennial test required under this Article or R18-2-1005(B) for a vehicle subject to a biennial test.

26. 27. "Emissions inspection station permit" means a certificate issued by the Director authorizing the holder to perform vehicle emissions inspections under this Article.

27. 28. "Exhaust emissions" means products of combustion emitted into the atmosphere from any opening in the exhaust system downstream of the exhaust ports of a motor vehicle engine.

28. 29. "Exhaust pipe" means the pipe that attaches to the muffler and exits the vehicle.

29. "Fast idle condition" means to operate a vehicle by running the engine at 2,500 RPM, [DAGGER] 300 RPM, for up to 30 seconds, with the transmission in neutral, to prepare the vehicle for a subsequent curb idle test.

30. "Fast pass or fast fail algorithm" means a procedure in a vehicle emissions testing system that logically determines whether a vehicle will pass or fail the transient loaded emissions test under R18-2-1006(E)(2) before the test is over.

31. 30. "Fleet emissions inspection station" or "fleet station" means any vehicle emissions inspection facility operated under a permit issued pursuant to A.R.S. § 49-546.

31. "Fleet vehicle" means any vehicle owned, leased, or operated by an individual or entity granted a vehicle emissions testing license under A.R.S. § 49-546.

32. "Fuel" means any material that is burned within the confines of a vehicle to propel the vehicle.

"Four-stroke vehicle" means a vehicle equipped with an engine that requires two revolutions of the crankshaft for each piston power stroke."Fuel Cell Electric Vehicle" or "FCEV" means a zero-emission vehicle that runs on compressed hydrogen fed into a fuel cell stack that produces electricity to power the vehicle.

34. "Golf cart" means a motor vehicle that is defined as a "golf cart" in A.R.S. § 28-101.

35. "Government vehicle" means a registered motor vehicle exempt from the payment of a registration fee, or a federally owned or leased vehicle.

36. "Gross vehicle weight rating" (GVWR) means the maximum vehicle weight that a vehicle is designed for as established by the manufacturer.

37. "Idle test" means an exhaust emissions test conducted with the engine of the vehicle running at the manufacturer's idle speed [DAGGER] 100 RPM but without pressure exerted on the accelerator.

37. 38. "Inspection" means the mandatory vehicle emissions inspection including the tampering inspection.

38. "Inspection sticker" means a self-adhesive, serially numbered rectangular sticker indicating a government vehicle has met Arizona emissions inspection requirements.

39. "Loaded condition" means to condition a vehicle by running the vehicle on a chassis dynamometer at a specified speed and load for no more than 30 seconds to prepare the vehicle for a subsequent curb idle test.

40. "Loaded cruise test" means an exhaust emissions test conducted on a chassis dynamometer under R18-2-1006(E)(1)(a) and (F)(2)(a) .

41. 39. "Mass emissions measurement" means measurement of a vehicle's exhaust in mass units such as grams.

40. "Maximum required repair cost" means the applicable maximum required repair cost under R18-2-1010(F) or (G) for a vehicle that has failed inspection.

42. 41. "Model year" means the date of manufacture of the original vehicle within the annual production period of the vehicle as designated by the manufacturer or, if a reconstructed vehicle, the first year of titling.

43. "MOL percent" means the percent, by volume, that a particular gas occupies in a mixture of gases at a uniform temperature.

44. 42. "Motorcycle" means a vehicle that is defined as a "motorcycle" as in A.R.S. § 28-101.

45. "Motorhome" means a vehicle built on a truck or bus chassis and equipped as a self-contained traveling home.

46. 43. "New aftermarket catalytic converter" means a new catalytic converter manufactured as an OEM part that meets the standards under 40 CFR 86.

47. "Official emissions inspection station" means an inspection facility, other than a fleet emissions inspection station, whether placed in a permanent structure or in a mobile unit for conveyance to various locations within the state, for the purpose of conducting inspections under A.R.S. § 49-542 .

48. 44. "On-board diagnostics" or "OBD" means an on-board diagnostic system required by Section 202(m) of the Clean Air Act. For the purposes of the Article, OBD certification refers to United States Environmental Protection Agency OBD certification.

49. 45. "Opacity" means the degree of absorption of transmitted light.

50. "Operational air pump" means an air injection system to supply additional air into the exhaust system to promote further oxidation of HC and CO gases and to assist in catalytic reaction.

51. "Person" means the federal government, state, or any federal or state agency or institution, any municipality, political subdivision, public or private corporation, individual, partnership, association, or other entity, and includes any officer or governing or managing body of any municipality, political subdivision, or public or private corporation.

52. 46. "Reconditioned OEM catalytic converter" means a catalytic converter remanufactured, as a non-OEM part, with new catalytic material housed in the original catalyst casing.

53. 47. "Recognized repair facility" means a business with an Arizona Department of Revenue transaction privilege tax license pursuant to Title 15, Chapter 5 of the Arizona Revised Statutes whose primary purpose is vehicle repair, and who has at least one employee with a nationally recognized certification for emissions-related diagnosis and repair.

54. 48. "Reconstructed vehicle" means a vehicle that has been assembled or constructed largely by means of essential parts, new or used, derived from vehicles or makes of vehicles of various names, models and types or that, if originally otherwise constructed, has been materially altered by the removal of essential parts or by the addition or substitution of essential parts, new or used, derived from other vehicles or makes of vehicles. For the purposes of this paragraph, "essential parts" means integral and body parts, the removal, alteration or substitution of which will tend to conceal the identity or substantially alter the appearance of the vehicle.

a. A reconstructed special as identified by the code letters "SP" on the section of the vehicle's Arizona registration card or Arizona certificate of title reserved for identification of the vehicle's style; or

b. A vehicle in which the vehicle style is not shown on the Arizona registration card or certificate of title, and the original manufacturer of the complete vehicle cannot be identified from the body.

"Specially constructed vehicle" means any vehicle not originally constructed under a distinctive name, make, model, or type by a generally recognized manufacturer of vehicles.

55. "Standard gases" means gases maintained as a primary standard for determining the composition of working gases, calibration gases, or the accuracy of an emissions analyzer.

56. 50. "State inspector" means an employee of the Department designated to perform quality assurance or waiver functions under this Article.

57. 51. "State station" means a facility, other than a fleet emissions inspection station, established for the purpose of conducting inspections under A.R.S. § 49-542.

58. 52. "Tampering" means removing, defeating, or altering an emissions control device that was installed on a vehicle at the time the vehicle was manufactured.

59. 53. "Two-stroke vehicle" means a vehicle equipped with an engine that requires one revolution of the crankshaft for each power stroke.

60. "Unloaded fast idle test" means an exhaust emissions test conducted with the engine of the vehicle running at 2,500 RPM.

61. 54. "Vehicle" or "Motor Vehicle" means any automobile, truck, truck tractor, motor bus, or self-propelled or motor-driven vehicle registered or to be registered in this state and used upon the public highways of this state for the purpose of transporting persons or property, except implements of husbandry, roadrollers, or road machinery temporarily operated upon the highway.

62. 55. "Vehicle emissions inspector" means an individual who is licensed by the Director to perform vehicle emissions inspections under this Article.

56. "Waiver inspector" means an employee of the contractor or the Department who is authorized to issue waivers under R18-2-1008 .

63. "Working gases" means gases maintained to perform periodic calibration of an emissions analyzer.

"Zero Emissions Vehicle" means a battery electric vehicle that runs on electricity stored in the batteries and has only an electric motor rather than an internal combustion engine, or a fuel cell electric vehicle that produces no emissions from the on-board source of power.

History

• Former Section R9-3-1001 repealed, new Section R9-3-1001 adopted effective January 13, 1976 (Supp. 76-1). Former Section R9-3-1001 repealed, former Section R9-3-1002 renumbered and amended as Section R9-3-1001 effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1001 renumbered as Section R18-2-1001 and amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1002 Reserved Applicable Implementation Plan

A. Substantive revisions to the rules in this article that are included in the Arizona State Clean Air Act Implementation Plan cannot become effective until approved by the Administrator of the United States Environmental Protection Agency. Amendments adopted by the Department but not yet approved as of the date of the latest amendments are therefore identified in this Article as not applying until the Administrator approves them.

B. The Administrator's approvals of revisions to an applicable implementation plan are published as final rules in the Federal Register, which is available online at http://www.gpo.gov/fdsys/browse/collection.action?collectionCode=FR. The Department publishes a list of Article 10 provisions approved since the last revisions to the Article at: http://azdeq.gov/VECS/Rulemaking.

History

• New Section made by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1003 Vehicles to be Inspected by the Mandatory Vehicle Emissions Inspection Program

A. The following vehicles shall be inspected according to this Article:

1. A vehicle to be registered within Area A or Area B. For the purposes of this Article, registration within Area A or Area B shall be determined by the vehicle owner's permanent and actual residence. The permanent address in the MVD database shall be presumed to be the owner's permanent and actual residence. A post office box address listed on a title or registration document under A.R.S. § 28-2051(C) is not evidence of the owner's permanent and actual residence;

2. Each vehicle delivered to a retail purchaser by a dealer licensed to sell used motor vehicles under A.R.S. Title 28 and whose place of business is located in Area A or Area B;

3. Each vehicle registered outside Area A and Area B but used to commute to the driver's principal place of employment located within Area A or Area B;

Each vehicle owned by a person who is subject to A.R.S. §§ 15-1444(C) or 15-1627(G); and

5. An Area A or Area B vehicle owned or operated by the United States, this state, or a political subdivision of this state without regard to whether those vehicles are required to be registered in this state.

B. The following vehicles are exempt from the inspection requirements of this Article:

1. A vehicle manufactured in or before the 1966 model year;

2. A vehicle leased to a person residing outside Area A and Area B by a leasing company whose place of business is in Area A or Area B, except as provided in subsection (A)(3);

3. A vehicle sold between motor vehicle dealers;

4. A zero-emissions vehicle;

5. An apportioned vehicle;

6. A golf cart;

7. A vehicle with an engine displacement of less than 90 cubic centimeters;

A vehicle registered at the time of change of name of ownership if an emissions test is current and valid, except when:

a. The change in registration is accompanied by the required fee for the year following expiration of the prior registration, or

b. the change results from the sale by a dealership whose place of business is located in Area A or Area B;

9. A vehicle for which a current certificate of exemption or Director's certificate is issued;

10. A new vehicle before the sixth registration year after initial purchase or lease; except that:

a. A reconstructed vehicle or specially constructed vehicle is not exempt.

b. A vehicle converted to operate on an alternative fuel, as defined in A.R.S. § 1-215, is not exempt.

c. A vehicle failing an emissions inspection the owner chooses to have under A.R.S. § 49-543 is not exempt for the current registration year.

11. A vehicle designed to operate exclusively on hydrogen, as defined in A.R.S. § 1-215;

12. A collectible vehicle;

13. A motorcycle;

14. An all-terrain vehicle (ATV);

15. These exemptions apply after the Administrator approves this subsection, (B)(15), into the applicable implementation plan:

a. Cranes and oversized vehicles that require permits pursuant to A.R.S. §§ 28-1100, 28-1103, and 28-1144;

b. A vehicle not in use and owned by a resident of this state while on active military duty outside of this state.

C. Government vehicles operated in Area A or Area B and not exempted by this Article shall be emissions inspected according to R18-2-1017.

History

• Former Section R9-3-1003 repealed, new Section R9-3-1003 adopted effective January 13, 1976; Amended as an emergency effective January 19, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1003 as amended effective January 3, 1979 and amended as an emergency effective January 2, 1981 now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (A) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1003 renumbered as Section R18-2-1003 and amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 2722, effective June 28, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1004 [REPEALED]

History

• Former Section R9-3-1004 repealed, new Section R9-3-1004 adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Former Section R9-3-1004 renumbered as Section R18-2-1004 and amended effective August 1, 1988 (Supp. 88-3). Section repealed by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4).

Ariz. Admin. Code § R18-2-1005 Time of Inspection

A. All Area A and Area B vehicles subject to an annual test shall be inspected at the following times:

1. For a non-fleet vehicle, within 90 days before each registration expiration date.

2. For a fleet vehicle inspected at a licensed fleet station, at least once within each 12 month period following any initial registration.

3. For a consignment vehicle offered for sale by a dealer licensed to sell used motor vehicles under A.R.S. Title 28 whose place of business is located in area A or area B, before delivery of the vehicle to the retail purchaser. The consignment vehicle shall be inspected at a state station according to R18-2-1006 ;

4. 3. For a government vehicle:

a. For a vehicle not exempt under R18-2-1003(B)(10), within 12 months after acquisition by the operating entity and then annually on or before the anniversary date of the previous inspection;

b. For a vehicle exempt under R18-2-1003(B)(10), within 90 days after the vehicle becomes subject to testing, and then annually on or before the anniversary date of the previous inspection; and

c. A government vehicle is subject to testing on the anniversary of its date of acquisition.

5. For a vehicle owned by or leased to a person having a valid fleet station permit, at least once within each 12-month period following any original registration or reregistration;

6. For a vehicle to be registered in area A or area B under conditions not specified in subsection (1) through (5), within 90 days before registration;

7. 4. For a vehicle registered outside Area A and Area B and used to commute to the driver's principal place of work located in Area A or Area B, upon vehicle registration and annually thereafter.

8. 5. For a vehicle owned by a person subject to A.R.S. §§ 15-1444(D) or 15-1627(G), within 30 calendar days following the date of initial registration at the institution located in Area A or Area B and annually thereafter.

9. For a vehicle issued a certificate of exemption under R18-2-1023, within 15 calendar days after returning to Arizona, unless an official emissions inspection document from the out-of-state emissions inspection station is submitted with the request for exemption.

B. All Area A and Area B vehicles subject to a biennial test shall be inspected at the following times:

1. For a non-fleet vehicle, within 90 days before the vehicle's emissions compliance expiration date.

2. For a fleet vehicle inspected at a fleet station, at least once within each successive 24 month period following initial registration.

2. 3. For a government vehicle:

a. For a vehicle not exempt under R18-2-1003(B)(10), within 12 months after acquisition by the operating entity, and biennially thereafter, on or before the anniversary date of the previous inspection; or

b. For a vehicle exempt under R18-2-1003(B)(10), within 90 days after the vehicle becomes subject to testing, and biennially thereafter, on or before the anniversary date of the previous inspection.

c. The vehicle becomes subject to testing on the anniversary of its date of acquisition;

3. For a vehicle owned by or leased to a person having a valid fleet station permit, at least once within each successive 24-month period following original registration;

4. For a vehicle registered outside Area A or Area B but used to commute to the driver's principal place of employment located in Area A or Area B, upon vehicle registration and biennially thereafter.

5. For a vehicle owned by a person subject to A.R.S. §§ 15-1444(D) or 15-1627(G), within 30 days following the date of initial registration at the institution located in Area A or Area B and biennially thereafter.

6. For a vehicle to be registered as area A vehicles under conditions not specified in subsections (1) through (5), upon initial registration and within 90 days before the vehicle's emissions compliance expiration date thereafter and;

7. For a vehicle issued a certificate of exemption under R18-2-1023, within 15 calendar days after returning to Arizona, unless an official emissions inspection document indicating compliance with the emissions requirements from the out-of-state emissions inspection station is submitted with the request for exemption.

C. A used vehicle not registered as an area A or area B vehicle shall be inspected according to this Article before registration as an area A or area B vehicle unless exempted by R18-2-1003(B) . All vehicles sold by a dealer licensed to sell used motor vehicles under A.R.S. Title 28, whose place of business is located in Area A or Area B, shall pass the applicable emissions test prescribed by R18-2-1006 before delivery of the vehicle to a retail purchaser.

D. An Area B vehicle being registered in Area A is subject to the appropriate annual or biennial test from Area A before registration even if the Area A test, or test period, is different from the test required for the same vehicle in Area B.

E. A new vehicle that is exempt from emissions testing under R18-2-1003(B)(10), and subject to either an annual or biennial test, shall be tested before registration in the calendar year that exceeds the vehicle's model year by five years.

F E. Nothing in this Section shall be construed to waive a late registration fee because of failure to meet inspection requirements by the registration deadline, except that a motor vehicle that fails the initial or subsequent test shall not be subject to a penalty fee for late registration renewal if:

1. The initial test is accomplished before the emissions compliance expiration date; and

2. The registration renewal is received by MVD within 30 days of the initial test.

G F. An owner of a vehicle may submit the vehicle for emissions inspection more than 90 days before the emissions compliance expiration date but the inspection does not satisfy the registration testing requirement under R18-2-1003.

History

• Former Section R9-3-1005 repealed, new Section R9-3-1005 adopted effective January 31, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective February 20, 1980 (Supp. 80-1). Amended as an emergency effective January 2, 1981 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-2). Former Section R9-3-1005 as amended effective February 20, 1980 and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1005 renumbered as Section R18-2-1005 and subsections (A) and (C) amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1006 Emissions Test Procedures

A. Each vehicle inspected at a state station shall be visually inspected before the emissions test for the following unsafe or untestable conditions:

1. A fuel leak that causes wetness or pooling of fuel;

2. A continuous engine or transmission oil leak onto the floor;

3. A continuous engine coolant leak onto the floor such that the engine is overheating or may overheat within a short time;

4. A vehicle with a tire on a driving wheel with less than 2/32-inch tread, with metal protuberances, unmatched tire size, with obviously low tire pressure as determined by visual inspection, or any other condition that precludes a loaded test for reasons of personnel, equipment, or vehicle safety;

5. An exhaust pipe that does not exit the rear or side of the vehicle to allow for safe exhaust probe insertion;

6. An exhaust pipe on a diesel-powered vehicle that does not allow for safe exhaust probe insertion and attachment of opacity meter sensor units;

7. Improperly operating brakes;

8. Any vehicle modification or mechanical condition that prevents dynamometer operation; and

9. Any other condition deemed unsafe or untestable by the inspector, including loud internal engine noise or an obvious exhaust leak.

B. A vehicle emissions inspection shall not be performed by an official emissions inspection station on any vehicle towing a heavily loaded trailer, carrying a heavy load, loaded with explosives, or loaded with any hazardous material not used as fuel for the vehicle.

C. Any vehicle unsafe or otherwise untestable as determined by the visual inspection shall be rejected without an emissions test. The inspector shall notify the vehicle owner or operator of all unsafe conditions found on rejected vehicles. The state station shall not charge a fee if the vehicle is rejected. The contractor shall not conduct an emissions test on a vehicle rejected for a safety reason or any other untestable condition until the cause for rejection is repaired.

D. When conducting the emissions test required by this Section, the vehicle emissions inspector shall meet all of the following requirements:

1. The vehicle shall be tested in the condition presented, unless rejected under subsection (A), (B), or (C). The vehicle's engine shall be operating at normal temperature and not be overheating as indicated by a gauge, warning light, or boiling radiator. All of the vehicle's accessories shall be turned off during testing.

2. A vehicle designed to operate with more than one fuel shall be tested on the fuel in use when the vehicle is presented for inspection, except alternative fuel vehicles, as defined in A.R.S. § 43-1086 . The inspector shall test the alternative fuel vehicle on each fuel for which it is intended to operate, using the appropriate emissions test procedure and standards for that vehicle. The alternative fuel vehicle shall:

a. Be operated a minimum of 30 seconds before testing, after switching fuels;

b. Be rejected if it is not able to operate on both fuels; and

c. Be rejected if the vehicle operator cannot switch fuels.

3. A vehicle operated exclusively on propane or natural gas, as defined in A.R.S. § 1-215, shall be exempt from the gas cap and evaporative pressure testing described in subsection (E)(6)(b)(ii), (E)(7)(a), and (F)(7)(a).

E. In area A, the inspection test procedures for a vehicle other than a diesel-powered vehicle or a vehicle held for resale by a fleet-licensed motor vehicle dealer shall consist of the following:

1. A vehicle manufactured with a model year of 1967 through 1980, a nonexempt vehicle with a GVWR greater than 8,500 pounds, and a reconstructed vehicle, except a motorcycle and a constant 4-wheel drive vehicle, is required to annually take and pass a loaded cruise test and a curb idle test, as follows:

a. Loaded cruise test. The vehicle's drive wheels shall be placed on a dynamometer and the vehicle shall be operated according to Table 1 of this Article, in drive for automatic transmission or second or higher gear for manual transmission. Overdrive shall not be used for testing. All vehicles shall be driven by the inspector during testing. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 90 seconds, whichever occurs first. After exhaust emissions are recorded, engine speed shall be returned to idle for a curb idle test.

b. Curb idle test. The test shall be performed with the vehicle in neutral for 1981 and newer vehicles. For 1980 and older vehicles, the test shall be performed in neutral, except that if the vehicle has an automatic transmission, drive shall be used. Engine RPM shall be within [DAGGER] 100 RPM of the manufacturer's specified idle RPM. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 90 seconds, whichever occurs first. A CO2 plus CO reading of 6% or greater shall be registered to establish test validity. A CO2 plus CO reading of less than 6% shall be proof of exhaust sample dilution and the vehicle shall be rejected from further emissions inspection until repaired, except when tested at a fleet emissions inspection station.

c. Exhaust sampling for a vehicle required to take an annual emissions test under subsection (E)(1) shall comply with subsection (F)(8).

2. A vehicle with a 1981 or newer model year and a GVWR of 8,500 pounds or less, except a motorcycle, a reconstructed vehicle, a 1996 or newer OBD-equipped vehicle or a constant 4-wheel drive vehicle, is required to biennially take and pass a transient loaded emissions test and an evaporative system pressure test as follows:

a. The transient loaded emissions test shall consist of 147 seconds of mass emissions measurement using a constant volume sampler while the vehicle is driven by an inspector through a computer-monitored driving cycle on a dynamometer with inertial weight settings appropriate for the weight of the vehicle. The driving cycle shall include the acceleration, deceleration, and idle operating modes described in Table 4. The 147 second sequence may be ended earlier using a fast pass or fast fail algorithm. A retest algorithm shall be used to determine if a test failure is due to insufficient vehicle preconditioning. As determined by the retest algorithm, up to two additional tests may be performed on a failing vehicle. Drive shall be used for automatic transmissions and first gear shall be used to begin for manual transmissions. Exhaust emissions concentrations in grams per mile for HC, CO, NOx and CO2 shall be recorded continuously beginning with the first second. The inspector shall reject a vehicle with an audible or visible exhaust leak from emissions testing.

b. The evaporative system pressure test shall consist of the following steps in sequence:

i. Connect the test equipment to either the fuel tank vent hose at the canister or the fuel tank filler neck. The gas cap shall be checked to determine that cap leakage does not exceed 60 cubic centimeters of air per minute at a pressure of 30 inches of water gauge;

ii. Pressurize the system to 14 [DAGGER] 0.5 inches of water without exceeding 26 inches of water system pressure;

iii. Close off the pressure source, seal the evaporative system, and monitor pressure decay for no more than two minutes.

c. For a vehicle requiring a transient loaded emissions test under subsection (E)(2)(a), all testing and test equipment shall conform to "IM240 & Evap Technical Guidance," EPA420-R-98-010, EPA, August 1998, incorporated by reference, and no future editions or amendments, except that the transient driving cycle in Table 4 of this Article shall be used. A copy of the incorporated material is on file with the Department and the Secretary of State, and may be obtained at EPA's National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI 48105-2498.

3. A vehicle with a 1996 or newer model year and a GVWR of 8500 pounds or less, except a motorcycle or a reconstructed vehicle, is required to biennially take and pass an OBD test and a functional gas cap test as follows:

a. The OBD test shall consist of:

i. A visual inspection of the MIL function; and

ii. An electronic examination of the OBD computer by connecting a scan tool to the data link connector and interrogating the OBD system to determine vehicle readiness status, MIL status, and presence of diagnostic trouble codes.

b. The OBD test and test equipment shall conform to "Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program," EPA420-R-01-015, EPA, June 2001, incorporated by reference, and no future editions or amendments. A copy of this incorporated material is on file with the Department and the Secretary of State, and may be obtained at the EPA's National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI, 48105-2498; and

c. The functional gas cap test shall comply with subsection (E)(7)(a).

4. A motorcycle, or a constant 4-wheel drive vehicle except one requiring an OBD emissions test under subsection (E)(3), shall take and pass only a curb idle test according to subsection (F)(1). An all-terrain vehicle (ATV), as defined in A.R.S. § 28-101, shall be tested as a motorcycle.

5. A vehicle with a 1975 or newer model year is required to take and pass a liquid fuel leak inspection annually or biennially according to subsections (E)(1) or (2) as follows:

a. For purposes of this subsection, "liquid fuel leak" means any fuel emanating from a vehicle's fuel delivery, metering or evaporation systems in liquid form that has created a visible drop or more of fuel on, around, or under a component of a vehicle's fuel delivery, metering, or evaporation system.

b. With the engine running, the vehicle emissions inspector shall visually inspect the following components of the vehicle, if they are exposed and visually accessible, for liquid fuel leaks:

i. Gasoline fuel tanks;

ii. Gasoline fill pipes, associated hoses and fuel tank connections;

iii. Gas caps;

iv. External fuel pumps;

v. Fuel delivery and return lines and hoses;

vi. Fuel filters;

vii. Carburetors;

viii. Fuel injectors;

ix. Fuel pressure regulators;

x. Charcoal canisters; and

xi. Fuel vapor hoses.

xii. Any valves connected to any other fuel evaporative component.

c. The liquid fuel leak inspection required by this subsection is a visual inspection only. The vehicle emissions inspector is not required to perform any disassembly of the vehicle to inspect for liquid fuel leaks. No special tools or equipment, other than a flashlight and mirror, are required and no raising, hoisting, or lifting of the vehicle is required.

d. The vehicle emissions inspector shall indicate on the vehicle inspection report the location of any liquid fuel leak.

e. Nothing in this subsection shall prohibit a vehicle emissions inspector from refusing to inspect a vehicle under subsections (A), (B), or (C) or from terminating an inspection if a liquid fuel leak presents a safety hazard.

f. A vehicle operated exclusively by compressed natural gas (CNG), liquid natural gas (LNG), or liquid petroleum gas (LPG) shall be exempt from the liquid fuel leak inspection.

6. The emissions pass-fail determination for a vehicle tested under subsection (E) shall be made as follows:

a. A vehicle tested under subsection (E)(1), that does not exceed the loaded cruise mode or curb idle mode HC and CO emissions standards listed in Table 2 for the vehicle, complies with the emissions standards in Table 2. The loaded cruise test standards in Table 2 apply to a fleet vehicle tested with the 2,500 RPM unloaded fast idle test under R18-2-1019(E) .

b. A vehicle tested under subsection (E)(2) shall meet the standards in Table 3 and pass the evaporative system pressure test as follows:

i. Table 3 Standards. A vehicle shall meet either the composite standard for the whole test or the phase 2 standard for seconds 65 to 146. The Department may implement a testing algorithm for fast pass, fast fail, or both, provided that the algorithm is reliable in accurately predicting the final outcome of the entire cycle. A vehicle not meeting either the composite or phase 2 standard shall fail the emissions test.

ii. Evaporative System Pressure Test. A vehicle fails the emissions test if the evaporative system cannot maintain a system pressure above eight inches of water for at least two minutes after being pressurized to 14 [DAGGER] 0.5 inches of water. Additionally, a vehicle fails the evaporative test if the canister is missing or damaged, if a hose or electrical connection is missing, routed incorrectly, or disconnected, according to the vehicle emissions control information label, or if the gas cap is missing.

c. A vehicle that operates on natural gas complies with HC emissions standards if the HC emissions value does not exceed the applicable standard in subsection (E)(6)(a) or (b), if:

i. Multiplied by 0.19, when using an analyzer with a flame ionization detector, or ii. Multiplied by 0.61, when using an NDIR analyzer.

d. A motorcycle or a constant 4-wheel drive vehicle, except one requiring an OBD emissions test under subsection (E)(3), that does not exceed the curb idle mode HC and CO emissions standards listed in Table 2 on either the first curb idle test or the second curb idle test passes the emissions test.

e. A vehicle tested under subsection (E)(3) shall:

i. Fail if the data link connector is missing, tampered, or otherwise inoperable during any OBD test;

ii. Fail if the MIL does not illuminate at all when the ignition key is turned to the key on, engine off position, or does not illuminate briefly during engine start during any OBD test;

iii. Fail if the MIL illuminates continuously or flashes after the engine has been started during any OBD test;

iv. Fail if a diagnostic trouble code is present and the MIL status, as indicated by the scan tool, is commanded on during any OBD test.

v. Be rejected from an initial OBD test and required to take and pass a transient loaded test under subsection (E)(2) if the number of unset readiness indicators, excluding continuous indicators, is three or more for a model year 1996-2000 vehicle, or two or more for a model year 2001 and newer vehicle.

vi. Be rejected from an OBD retest if the number of unset readiness indicators, excluding continuous indicators, exceeds the number allowed in subsection (v).

vii. Fail the functional gas cap test if the gas cap does not comply with subsection (E)(7)(a).

f. A vehicle tested under subsection (E)(5) shall fail the inspection if a vehicle emissions inspector detects a liquid fuel leak.

g. A vehicle that exceeds the applicable emissions standards for the tests described in subsections (E)(1) and (E)(2)(a), or fails the OBD test described in subsection (E)(3), fails the emissions test and shall not be reinspected until a low-emissions tune-up is performed as described in R18-2-1010 . A vehicle that fails the evaporative system pressure test described in subsection (E)(2)(b) shall not be reinspected until repaired as required in R18-2-1010(D)(1) and (2) . A vehicle that fails the functional gas cap test described in subsection (E)(7)(a) shall not be reinspected until repaired as required in R18-2-1009(B) . A vehicle that fails the liquid fuel leak test described in subsection (E)(5) shall not be reinspected until repaired as required in R18-2-1010(E) .

7. A vehicle required to take an annual emissions test in area A shall, at the time of the test, undergo a tampering inspection based on the original configuration of the vehicle as manufactured. The applicable emissions system requirements shall be verified by the "VEHICLE EMISSION CONTROL INFORMATION" label. A vehicle that fails any portion of the tampering inspection shall be repaired according to R18-2-1009 before reinspection unless the owner provides the written statement required in R18-2-1008(B) . "Original configuration" for a foreign- manufactured vehicle means the design and construction of a vehicle produced by the manufacturer for original entry and sale in the United States. The tampering inspection shall consist of the following:

a. Any vehicle emissions tested, except one with a vented fuel system, shall have a functional test of the gas cap to determine that cap leakage does not exceed 60 cubic centimeters of air per minute at a pressure of 30 inches of water gauge. A vehicle with a vented fuel system shall be checked for the presence of a properly fitting fuel cap.

b. For a 1975 and newer model year vehicle:

i. A visual inspection to determine the presence and proper installation of each required catalytic converter, if applicable;

ii. An examination to determine the presence of an operational air pump, if applicable; and

iii. A visual inspection to determine the presence of an operational positive crankcase ventilation system and evaporative control system, if applicable.

F. In area B, the inspection test procedures for a vehicle other than a diesel-powered vehicle shall consist of the following:

1. An area B vehicle with a model year of 1967 through 1980 shall take and pass only a curb idle test. The curb idle test shall be performed with the vehicle in drive for automatic transmissions or in neutral for manual transmissions. Engine RPM shall be within [DAGGER] 100 RPM of the manufacturer's specified idle RPM. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 30 seconds, whichever occurs first. A CO2 plus CO reading of 6% or greater shall be registered to establish test validity. A CO2 plus CO reading less than 6% shall be proof of exhaust sample dilution and the vehicle shall be rejected from further emissions inspection until repaired, except when tested at a fleet emissions inspection station. If the vehicle fails the curb idle test, and if permitted by the vehicle operator, the vehicle shall be conditioned according to one of the following conditioning procedures:

a. Fast-idle conditioning procedure. The vehicle shall be conditioned by increasing engine speed to 2,500, [DAGGER] 300 RPM, for up to 30 seconds with the transmission in neutral. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 30 seconds, whichever occurs first. The conditioning procedure standards in Table 2 are for diagnostic and advisory information only. After exhaust emissions are recorded, the engine speed shall be returned to curb idle for a second idle test. The fast-idle conditioning procedure may be used on a vehicle at a state station instead of the loaded conditioning procedure if any of the following occurs:

i. The vehicle has a tire on a driving wheel with less than 2/32-inch tread, with metal protuberances, with visibly low tire pressure as determined by visual inspection, or any other condition that precludes loaded conditioning for reasons of personnel, equipment, or vehicle safety;

ii. The vehicle is driven by a person who, because of physical incapacity, is unable to yield the driver's seat to the vehicle emissions inspector;

iii. The driver refuses to yield the driver's seat to the vehicle emissions inspector; or

iv. The vehicle cannot be tested according to Table 1 because of the vehicle's inability to attain the speeds specified.

b. Loaded conditioning procedure. For a vehicle other than a motorcycle or a constant 4-wheel drive vehicle, the vehicle's drive wheels shall be placed on a dynamometer and the vehicle shall be operated according to Table 1, in drive for automatic transmission, or second or higher gear for manual transmission. All front wheel drive vehicles shall be driven by the inspector. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 30 seconds, whichever occurs first. The conditioning procedure standards in Table 2 are for diagnostic and advisory information only. After exhaust emissions are recorded, engine speed shall be returned to curb idle for a second idle test.

c. Following one of the conditioning procedures in subsection (F)(1)(a) or (b), the vehicle shall be retested according to the curb idle test procedure in subsection (F)(1).

2. An area B vehicle with a 1981 or newer model year, except a motorcycle, a constant 4-wheel drive vehicle, or a 1996 and newer vehicle equipped with OBD, shall take and pass a loaded cruise test and curb idle test, as follows:

a. Loaded Cruise Test. The vehicle's drive wheels shall be placed on a dynamometer and the vehicle shall be operated according to Table 1, in drive for automatic transmission or second or higher gear for manual transmission. Overdrive shall not be used. All front wheel drive vehicles shall be driven by the inspector. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 90 seconds, whichever occurs first. After exhaust emissions are recorded, engine speed shall be returned to idle for a curb idle test.

b. Curb Idle Test. The test shall be performed with the vehicle in neutral. Engine RPM shall be within [DAGGER] 100 RPM of the manufacturer's specified idle RPM. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized, or at the end of 90 seconds, whichever occurs first. A CO2 plus CO reading of 6% or greater shall be registered to establish test validity, except when tested at a fleet inspection station. A CO2 plus CO reading less than 6% shall be proof of exhaust sample dilution and the vehicle shall be rejected from further emissions inspection until repaired.

3. A vehicle with a model year of 1996 or newer and a GVWR of 8500 pounds or less, except a motorcycle or a reconstructed vehicle, is required to annually take and pass an OBD test and a functional gas cap test as follows:

a. The OBD test shall consist of:

i. A visual inspection of the MIL function; and

ii. An electronic examination of the OBD computer by connecting a scan tool to the data link connector and interrogating the OBD system to determine vehicle readiness status, MIL status, and presence of diagnostic trouble codes;

b. The OBD test and test equipment shall conform to "Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program," EPA420-R-01-015, EPA, June 2001, incorporated by reference, and no future editions or amendments. A copy of this incorporated material is on file with the Department and the Secretary of State and may be obtained at the EPA's National Vehicle and Fuel Emissions Laboratory, 2565 Plymouth Road, Ann Arbor, MI, 48105-2498; and

c. The functional gas cap test shall comply with subsection (F)(7)(a).

4. A motorcycle or a constant 4-wheel drive vehicle, except one requiring an OBD emissions test under subsection (F)(3), shall take and pass only a curb idle test according to subsection (F)(1). An all-terrain vehicle (ATV), as defined in A.R.S. § 28-101, shall be tested as a motorcycle. If the vehicle fails the curb idle test, and if permitted by the vehicle operator, the vehicle shall be conditioned according to the fast idle conditioning procedure required in subsection (F)(1)(a). Following conditioning, the vehicle shall be retested according to the curb idle test procedure in subsection (F)(1).

5. A vehicle with a 1975 or newer model year and annually tested under subsections (F)(1) or (2) is required to take and pass a liquid fuel leak inspection according to subsections (E)(5)(a) through (f).

6. The emissions pass-fail determination shall be made as follows:

a. A vehicle with a model year of 1967 through 1980, except a motorcycle or a constant 4-wheel drive vehicle, that does not exceed the curb idle mode HC and CO emissions standards in Table 2 on either the first or second curb idle test, complies with the minimum emissions standards contained in Table 2.

b. A vehicle with a 1981 or newer model year, except a motorcycle or a constant 4-wheel drive vehicle, that does not exceed the loaded cruise mode or curb idle mode HC and CO emissions standards listed in Table 2, complies with the minimum emissions standards in Table 2. The loaded cruise test standards specified in Table 2 shall apply to fleet vehicles tested with the 2,500 RPM unloaded fast idle test.

c. A vehicle that operates on natural gas complies with HC emissions standards if the HC emissions value, as determined by an NDIR analyzer, multiplied by 0.61 does not exceed the applicable standard in subsection (F)(6)(a) or (b).

d. A motorcycle or a constant 4-wheel drive vehicle, except one requiring an OBD emissions test under subsection (F)(3), that does not exceed the curb idle mode HC and CO emissions standards in Table 2 on either the first or second curb idle test complies with the minimum emissions standards in Table 2.

e. A vehicle that exceeds the applicable emissions standards, or fails the OBD test described in subsection (F)(3), fails the emissions test and shall have a low emissions tune-up as described in R18-2-1010 before reinspection. A vehicle that fails the functional gas cap test described in subsection (F)(3)(c) shall not be reinspected until repaired as required in R18-2-1009(B) .

f. A vehicle tested under subsection (F)(3) shall:

i. Fail if the data link connector is missing, tampered, or otherwise inoperable during any OBD test;

ii. Fail if the MIL does not illuminate at all when the ignition key is turned to the key on, engine off position, or does not illuminate briefly during engine start during any OBD test;

iii. Fail if the MIL illuminates continuously or flashes after the engine has been started during any OBD test;

iv. Fail if a diagnostic trouble code is present and the MIL status, as indicated by the scan tool, is commanded on during any OBD test;

v. Be rejected from an initial OBD test and required to take and pass a loaded cruise test and curb idle test under subsection (F)(2) if the number of unset readiness indicators, excluding continuous indicators, is three or more for a model year 1996-2000 vehicle, or two or more for a model year 2001 and newer vehicle;

vi. Be rejected from an OBD retest if the number of unset readiness indicators, excluding continuous indicators, exceeds the number allowed in subsection (v); and

vii. Fail the functional gas cap test if the gas cap does not comply with subsection (F)(7)(a).

g. A vehicle tested under subsection (F)(5) shall fail the inspection if a vehicle emissions inspector detects a liquid fuel leak. A vehicle that fails the liquid fuel leak test shall not be reinspected until repaired as required in R18-2-1010(E) .

7. A vehicle required to take an emissions test in area B, except a vehicle required to take an OBD test as described in subsection (F)(3), shall at the time of the test, undergo a tampering inspection based on the original configuration of the vehicle as manufactured. The applicable emissions system requirements shall be verified by the "VEHICLE EMISSION CONTROL INFORMATION" label. A vehicle that fails any portion of the tampering inspection shall be repaired according to R18-2-1009 before reinspection unless the owner provides the written statement required in R18-2-1008(B) . "Original configuration" for a foreign manufactured vehicle means the design and construction of a vehicle produced by the manufacturer for original entry and sale in the United States. The tampering inspection shall consist of the following:

a. Any vehicle emissions tested, except one with a vented fuel system, shall have a functional test of the gas cap to determine that cap leakage does not exceed 60 cubic centimeters of air per minute at a pressure of 30 inches of water gauge. A vehicle with a non-sealing gas cap shall be checked for the presence of a properly fitting gas cap.

b. For a 1975 or newer model year vehicle:

i. A visual inspection to determine the presence and proper installation of each required catalytic converter, if applicable;and

ii. An examination to determine the presence of an operational air pump, if applicable.

8. Exhaust sampling in area B shall comply with the following:

a. All CO and HC emissions analyzers shall have water traps incorporated in the sampling lines. Sampling probes shall be capable of taking undiluted exhaust samples from a vehicle exhaust system.

b. A vehicle, other than a diesel-powered vehicle, shall be inspected with a NDIR analyzer capable of determining concentrations of CO and HC within the ranges and tolerances specified in Table 5.

c. A vehicle with multiple exhaust pipes shall be inspected by collecting and averaging samples by one of the following methods:

i. Collect separate samples from each exhaust pipe and use the average concentration to determine the test result;

ii. Use manifold exhaust probes to simultaneously sample approximately equal volumes from each pipe; or

iii. Use manifold exhaust pipe adapters to collect approximately equal volume samples from each pipe.

G. The following apply to all testing under subsection (E) or (F):

1. A rotary piston engine shall be inspected as a 4-stroke engine with four cylinders or less;

2. A turbine engine shall be inspected as a 4-stroke engine with more than four cylinders; and

3. A vehicle in which a diesel engine has been replaced with a gas engine shall be inspected as a gas-powered vehicle of the same vehicle model year. The vehicle shall not pass the inspection unless each catalytic converter, air pump, gas cap, and other emissions control device applicable to the vehicle model year and the same or more recent year engine configuration is properly installed and in operating condition.

H. In area A, the inspection test procedure for a diesel-powered vehicle is as follows:

1. A diesel-powered vehicle with a GVWR greater than 8,500 pounds shall be tested with a procedure that conforms to Society of Automotive Engineers standard J1667, February 1996, incorporated by reference and on file with the Department and the Secretary of State. This incorporation by reference contains no future editions or amendments. A copy of this referenced material may be obtained at Society of Automotive Engineers, 400 Commonwealth Dr., Warrendale, PA 15096-0001. The procedure shall utilize the corrections for ambient test conditions in Appendix B of J1667 for all tests. The test results shall be reported as the percentage of smoke opacity. Emissions pass-fail determinations are as follows:

a. A vehicle powered by a 1991 or later model year diesel engine fails if the J1667 final test result is greater than 40%, unless the engine family is exempted from the 40% standard under subsection (H)(1)(e);

b. A vehicle powered by a pre-1991 model year diesel engine fails if the J1667 final test result is greater than 55%, unless the engine family is exempted from the 55% standard under subsection (H)(1)(e);

c. The engine model year is determined by the emission control label. If the emission control label is missing, illegible, or incorrect, the test standard shall be 40%, unless a correct, legible, emission control label replacement is attached to the vehicle within 30 days of the inspection;

d. A vehicle that exceeds the opacity standard in subsection (H)(1)(a) or (b) fails the emissions test. Before reinspection, the vehicle shall have a low emissions tune-up as described in R18-2-1010(H) ;

e. The Director shall exempt any engine family from the standards in subsections (H)(1)(a) or (b) if the engine manufacturer demonstrates either of the following:

i. The engine family exhibits smoke opacity greater than the standard when in good operating condition and adjusted to the manufacturer's specifications. The Director shall identify a technologically appropriate less stringent standard based on a review of data obtained from engines in good operating condition and adjusted to manufacturer's specifications; or

ii. The engine family is exempted from an equivalent standard based on J1667 by the executive officer of the California Air Resources Board (CARB). The Director shall allow the engine family to comply with any technologically appropriate less stringent standard identified by the executive officer of CARB; and

f. A demonstration under subsection (H)(1)(e)(i) shall be based on data from at least three vehicles. Data from official inspections under subsection (H)(1) showing that vehicles in the engine family meet the standard may be used to rebut the demonstration. The Director shall implement any new standard resulting from each exemption as soon as practicable for all subsequent tests and provide notice at all affected test stations and fleets.

2. A diesel-powered vehicle with a GVWR greater than 4,000 pounds and less than or equal to 8,500 pounds shall be tested by a loaded dynamometer test by applying a single load of 30 HP, [DAGGER] 2 HP, while operated at 50 MPH. A diesel-powered vehicle with a GVWR of 4,000 pounds or less shall be tested by a loaded dynamometer test by applying a single load of between 6.4 - 8.4 HP while operated at 30 MPH. For all diesel-powered vehicles with a GVWR less than or equal to 8,500 pounds:

a. The emissions pass-fail determination shall be made as follows:

i. The opacity reading for a period of 10 consecutive seconds with the engine under applicable loading shall be compared to the opacity standard in R18-2-1030(B) . A vehicle that does not exceed the applicable opacity standard in R18-2-1030(B) complies with the minimum emissions standards.

ii. A vehicle that exceeds the applicable opacity standard fails the emissions test. Before reinspection, the vehicle shall have a low emissions tune-up as described in R18-2-1010 .

b. Exhaust sampling shall comply with the following:

i. For a diesel-powered vehicle equipped with multiple pipes, separate measurements shall be made on each exhaust pipe. The reading taken from the exhaust pipe that has the highest opacity reading shall be used for comparison with the applicable emissions standard.

ii. A vehicle shall be inspected with either a full-flow or sampling-type opacity meter. The opacity meter shall be a direct reading, continuous reading light extinction-type using a collimated light source and photo-electric cell, accurate to a value within [DAGGER] 5% of filter value.

I. In area B, the inspection test procedure for a diesel-powered vehicle is as follows:

1. A diesel-powered vehicle with a GVWR greater than 26,000 pounds or having tandem axles shall be tested according to one of the following methods:

a. The vehicle shall be tested on a chassis dynamometer beginning with no power absorption by selecting a gear ratio that produces a maximum vehicle speed of 30-35 MPH at governed or maximum rated RPM. If the vehicle has a manual transmission or an automatic transmission with individual gear selection, the engine shall be operated at governed or maximum rated engine RPM, at normal operating temperature under a power absorption load applied to the dynamometer until the loading reduces the engine RPM to 80% of the governed speed at wide-open throttle position. If the vehicle has an automatic transmission and automatic gear kickdown, the engine shall be loaded to a speed just above the kickdown speed or 80% of the governed speed, whichever is greater. If the chassis dynamometer does not have enough horsepower absorption capability to lug the engine down to these speeds, the vehicle's brakes may be used to assist the dynamometer. b. If a chassis dynamometer is not available, the vehicle shall be tested by being lugged by its own brakes by selecting a gear ratio that produces a maximum speed of 10-15 MPH at governed engine RPM or maximum rated RPM and then loading the engine by applying the brakes until the engine RPM is lugged down to 80% of the governed or maximum rated RPM at wide-open throttle position. If the vehicle does not have a tachometer, the vehicle may be loaded to 80% of governed or maximum rated speed.

2. A diesel-powered vehicle without tandem axles and having a GVWR greater than 10,500 pounds and less than or equal to 26,000 pounds shall be tested according to one of the following methods:

a. The vehicle shall be tested on a chassis dynamometer beginning with no power absorption by selecting a gear ratio that produces a maximum vehicle speed of 30-35 MPH at governed or maximum rated RPM. If the vehicle has a manual transmission or an automatic transmission with individual gear selection, the engine shall be operated at governed or maximum rated engine RPM, at normal operating temperature under a power absorption load applied to the dynamometer until such loading reduces the engine RPM to 80% of the governed speed at wide-open throttle position. If the vehicle has an automatic transmission and automatic gear kickdown, the engine shall be loaded to a speed just above the kickdown speed or 80% of governed speed, whichever is greater. If the chassis dynamometer does not have enough horsepower absorption capability to lug the engine down to these speeds, the vehicle's brakes may be used to assist the dynamometer;

b. The vehicle shall be tested by applying a single load of 30 HP, [DAGGER] 2 HP, while operated at 50 MPH; or

c. The vehicle shall be tested by being lugged by its own brakes by selecting a gear ratio that produces a maximum speed of 10-15 MPH at governed engine RPM or maximum rated RPM and then loading the engine by applying the brakes until the engine RPM is lugged down to 80% of the governed or maximum rated RPM at wide-open throttle position. If the vehicle does not have a tachometer, the vehicle may be loaded to 80% of governed or maximum rated speed.

3. A diesel-powered vehicle with a GVWR of greater than 4,000 pounds and less than or equal to 10,500 pounds shall be tested by a loaded dynamometer test by applying a single load of 30 HP, [DAGGER] 2 H P, while operated at 50 MPH.

4. A diesel-powered vehicle with a GVWR of 4,000 pounds or less shall be tested by a loaded dynamometer test by applying a single load of between 6.4 - 8.4 HP while operated at 30 MPH.

5. The emissions pass-fail determination shall be performed:

a. The opacity reading during a period of 10 consecutive seconds with the engine under applicable loading specified in subsections (I)(1) through (4) shall be compared to the opacity standard specified in R18-2-1030(B) . A vehicle that does not exceed the opacity standard in R18-2-1030(B) complies with the minimum emissions standards.

b. A vehicle that exceeds the standard in R18-2-1030(B) fails the emissions test. Before reinspection, the vehicle shall have a low emissions tune-up as described in R18-2-1010 .

6. Exhaust sampling shall comply with the following:

a. For a diesel-powered vehicle equipped with multiple exhaust pipes, separate measurements shall be made on each exhaust pipe. The reading taken from the exhaust pipe that has the highest opacity reading shall be used for comparison with the standard in R18-2-1030(B) .

b. A vehicle shall be inspected with either a full-flow or sampling-type opacity meter. The opacity meter shall be a direct reading, continuous reading light extinction-type using a collimated light source and photo-electric cell, accurate to a value within [DAGGER] 5% of filter value.

J. All diesel-powered vehicles shall undergo a tampering inspection under subsection (E)(7).

A. This Section establishes the testing requirements for vehicles in the State of Arizona. Subsection (B) identifies which tests apply to a particular type and model year of vehicle. Subsection (C) establishes the procedures and criteria for, passing, failing, or being rejected from each test.

B. Test applicability.

1. Area A and Area B non-diesel. The following general requirements govern test applicability for non-diesel vehicles in both Area A and Area B:

a. A rotary engine shall be inspected as a 4-stroke engine with four cylinders or less.

b. For a vehicle in which an engine has been replaced:

i. A vehicle owner shall not install a heavy-duty engine in a light-duty chassis.

ii. A vehicle owner shall not install a light-duty engine in a heavy-duty chassis.

iii. The replacement engine package shall include all emissions control equipment and devices that were required by the manufacturer for an engine-chassis certification. All emissions control equipment and devices shall be properly installed and in operating condition, and the resulting engine-chassis configuration shall be equivalent to a verified configuration of the same, or newer, model year as that of the vehicle chassis.

iv. The Department shall inspect the vehicle according to the model year of the vehicle chassis.

Area A Non-Diesel. Non-diesel vehicles in Area A are subject to the test procedures identified in this subsection:

a. Vehicles other than alternative fuel vehicles operated by a school district in Area A, heavy duty alternative fuel vehicles, reconstructed vehicles, and constant 4-wheel-drive vehicles that are not equipped with OBD, are subject to the following test procedures until the Administrator approves subsection (B)(2)(a)(i) into the applicable implementation plan:

| Area A Non-Diesel Testing Procedures Until SIP Revision is Approved | | | | | | --- | --- | --- | --- | --- | | Model Year | GVWR | Test Frequency | Tests Applicable | Test Subsection | | 1996 or later | 8,500 pounds or less | Biennial | OBD Functional gas cap Tampering | C.4 C.16 C.17 | | 1981 through 1995 | 8,500 pounds or less | Biennial | Transient loaded and evaporative system pressure Functional gas cap Tampering | C.5 C.16 C.17 | | 1975 through 1980 | 8,500 pounds or less | Annual | Loaded test Functional gas cap Tampering | C.6 C.16 C.17 | | 1975 or later | More than 8,500 pounds | Annual | Loaded test Functional gas cap Tampering | C.6 C.16 C.17 | | 1967 through 1974 | Any | Annual | Loaded test Functional gas cap | C.6 C.16 |

i. Test procedures that apply after the Administrator approves this subsection, (B)(2)(a)(i), into the applicable implementation plan:

| Area A Non-Diesel Testing Procedures After SIP Revision is Approved | | | | | | | --- | --- | --- | --- | --- | --- | | Model Year | GVWR | OBD Certified? | Te s t Frequency | Tests Applicable | Test Subsection | | 1996 or Later | Any | Yes | Biennial | OBD Functional gas cap Tampering | C.4 C.16 C.17 | | 1981 or later | 8,500 pounds or less | No | Biennial | Transient loaded and evaporative system pressure Functional gas cap Tampering | C.5 C.16 C.17 | | 1975 through 1980 | 8,500 pounds or less | No | Annual | Loaded test Functional gas cap Tampering | C.6 C.16 C.17 | | 1975 or later | More than 8,500 pounds | No | Annual | Loaded test Functional gas cap Tampering | C.6 C.16 C.17 | | 1967 through 1974 | Any | No | Annual | Loaded test Functional gas cap | C.6 C.16 |

b. Alternative fuel vehicles operated by a school district in Area A are subject to the following testing procedures until the Administrator approves subsection (B)(2)(b)(i) into the applicable implementation plan. After section (B)(2)(b)(i) has been approved into the applicable implementation plan, alternative fuel vehicles operated by a school district in Area A will be subject to subsection (B)(2)(b)(i).

| Area A Alt. Fuel Vehicles Operated by a School District Testing Procedures Until SIP Revision is Approved | | | | | | --- | --- | --- | --- | --- | | Model Year | OBD Certified? | Tes t Freq u e nc y | Te st s Appl ic abl e | Te st S u bse ct io n | | 1975 or later | No | Annual | Loaded test Functional gas cap Tampering | C.6 C.16 C.17 | | 1967 through 1974 | No | Annual | Loaded test Functional gas cap | C.8 C.16 |

i. Test procedures that apply after the Administrator approves this subsection, (B)(2)(b)(i), into the applicable implementation plan.

| Area A Alt. Fuel Vehicles Operated by a School District Testing Procedures After SIP Revision is Approved | | | | | | --- | --- | --- | --- | --- | | Model Year | OBD Certified? | Te st Fre q uenc y | Tests Applicable | Test Subsection | | Any | Ye s | Biennial | OBD Functional gas cap Ta m p er in g | C.4 C.16 C.17 | | 1975 or later | No | Annual | Loaded test Functional gas cap Ta m p er in g | C.6 C.16 C.17 | | 1967 through 1974 | No | Annual | Loaded test Functional gas cap | C.6 C.16 |

c. Heavy duty alternative fuel vehicles in Area A that are not owned by a school district are subject to the following testing procedures.

| Model Year | GVWR | OBD Certified? | Test Frequency | Tests Applicable | Test Subsection | | --- | --- | --- | --- | --- | --- | | Any | More than 14,500 pounds | Ye s | Biennial | OBD Functional gas cap Tampering | C.4 C.16 C.17 | | 1975 or later | More than 14,500 pounds | No | Annual | Idle test Functional gas cap Tampering | C.8 C.16 C.17 | | 1967 through 1974 | More than 14,500 pounds | No | Annual | Idle test Functional gas cap | C.8 C.16 |

3. Area B Non-Diesel. Non-diesel vehicles in Area B are subject to the test procedures identified in this subsection:

a. Vehicles other than reconstructed vehicles and constant 4-wheel-drive vehicles that are not equipped with OBD shall be subject to the following test procedures until the Administrator approves subsection (B)(2)(a)(i) into the applicable implementation plan:

| Area B Non-Diesel Testing Procedures Until SIP Revision is Approved | | | | | | --- | --- | --- | --- | --- | | Model Year | GVWR | Test Frequency | Tests Applicable | Test Subsection | | 1996 or later | 8,500 pounds or less | Annual | OBD Functional gas cap Tampering | C.4 C.16 C.17 | | 1981 through 1995 | 8,500 pounds or less | Annual | Loaded test Functional gas cap Tampering | C.6 C.16 C.17 | | 1975 through 1980 | 8,500 pounds or less | Annual | Idle test Functional gas cap Tampering | C.8 C.16 C.17 | | 1975 or later | More than 8,500 pounds | Annual | Idle test Functional gas cap Tampering | C.8 C.16 C.17 | | 1967 through 1974 | Any | Annual | Idle test Functional gas cap | C.8 C.16 |

i. Test procedures that apply after the Administrator approves this subsection (B)(2)(a)(i) into the applicable implementation plan:

| Area B Non-Diesel Testing Procedures After SIP Revision is Approved | | | | | | | --- | --- | --- | --- | --- | --- | | Model Ye a r | GVWR | OBD Certified? | Test Frequency | Tests Applicable | Test Subsection | | Any | Any | Ye s | Biennial | OBD Functional gas cap Tampering | C.4 C.16 C.17 | | 1981 or later | 8,500 pounds or less | No | Annual | Loaded test Functional gas cap Tampering | C.6 C.16 C.17 | | 1975 through 1980 | 8,500 pounds or less | No | Annual | Loaded Test Functional gas cap Tampering | C.6 C.16 C.17 | | 1975 or later | More than 8,500 pounds | No | Annual | Idle test Functional gas cap Tampering | C.8 C.16 C.17 | | 1967 through 1974 | Any | No | Annual | Idle test Functional gas cap | C.9 C.16 |

4. Reconstructed non-diesel vehicles. Reconstructed non-diesel vehicles in both Area A and Area B are subject to the tests specified in the following table:

| Model Year | Test Frequency | Tests Applicable | Test Subsection | | --- | --- | --- | --- | | 1967 or later | Annual | Loaded test Visual gas cap | C.6 C.18 |

Constant 4-wheel-drive vehicles. Constant 4-wheel-drive vehicles in both Area A and Area B that are not equipped with OBD are subject to the tests specified in the following table:

| Model Year | Test Frequency | Tests Applicable | Test Subsection | | --- | --- | --- | --- | | 1975 or later | Annual | Idle Test Functional gas cap Tampering | C.8 C.16 C.17 | | 1967 through 1974 | Annual | Idle Test Functional gas cap | C.8 C.16 |

Area A diesel. Diesel vehicles that require inspection in Area A are subject to the test procedures specified in this subsection until the Administrator approves subsection (B)(8) into the applicable implementation plan:

| Area A Diesel Testing Procedures Until SIP Revision is Approved | | | | | | | --- | --- | --- | --- | --- | --- | | GVWR | OBD Certified? | Model Year | Test Frequency | Tests Applicable | Test Subsection | | 8,500 and less | Yes | Any | Annual | OBD Tampering | C.4 C.17 | | More than 8,500 pounds | No | 1975 or later | Annual | Snap idle Tampering | C.10 C.17 | | More than 8,500 pounds | No | 1967 through 1974 | Annual | Snap idle | C.10 | | More than 4,000 and less than or equal to 8,500 pounds | No | 1975 or later | Annual | Loaded opacity B Tampering | C.12 C.17 | | More than 4,000 and less than or equal to 8,500 pounds | No | 1967 through 1974 | Annual | Loaded opacity B | C.12 | | 4,000 pounds or less | No | 1975 or later | Annual | Loaded opacity C Tampering | C.13 C.17 | | 4,000 pounds or less | No | 1967 through 1974 | Annual | Loaded opacity C | C.13 |

Area B Diesel. Diesel vehicles that require inspection in Area B are subject to the test procedures specified in this subsection until the Administrator approves subsection (B)(8) into the applicable implementation plan:

| Area B Diesel Testing Procedures Until SIP Revision is Approved | | | | | | --- | --- | --- | --- | --- | | GVWR | Model Year | Test Frequency | Tests Applicable | Test Subsection | | More than 26,000 pounds | 1975 or later | Annual | Loaded opacity A Tampering | C.12 C.18 | | More than 26,000 pounds | 1967 through 1974 | Annual | Loaded opacity A | C.12 | | More than 10,500 and less than or equal to 26,000 pounds | 1975 or later | Annual | Any of the following: Loaded opacity A Loaded opacity B Tampering | C.12 C.13 C.18 | | More than 10,500 and less than or equal to 26,000 pounds | 1967 through 1974 | Annual | Any of the following: Loaded opacity A Loaded opacity B | C.12 C.13 | | More than 4,000 and less than or equal to 10,500 | 1975 or later | Annual | Loaded opacity B Tampering | C.13 C.18 | | More than 4,000 and less than or equal to 10,500 | 1967 through 1974 | Annual | Loaded opacity B | C.13 | | 4,000 pounds or less | 1975 or later | Annual | Loaded opacity C Tampering | C.14 C.18 | | 4,000 pounds or less | 1967 through 1974 | Annual | Loaded opacity C | C.14 |

Test procedures that apply for diesel vehicles in both Area A and Area B after the Administrator approves this subsection (B)(8) into the applicable implementation plan:

| Area A and Area B Diesel Testing Procedures After SIP Revision is Approved | | | | | | | --- | --- | --- | --- | --- | --- | | GVWR | OBD Certified? | Model Year | Test Frequency | Tests Applicable | Test Subsection | | Any | Yes | Any | Biennial | OBD Tampering | C.4 C.17 | | More than 8,500 pounds | No | 1975 or later | Annual | Snap idle Tampering | C.10 C.17 | | More than 8,500 pounds | No | 1967 through 1974 | Annual | Snap idle | C.10 | | More than 4,000 and less than or equal to 8,500 pounds | No | 1975 or later | Annual | Loaded opacity B Tampering | C.12 C.17 | | More than 4,000 and less than or equal to 8,500 pounds | No | 1967 through 1974 | Annual | Loaded opacity B | C.12 | | 4,000 pounds or less | No | 1975 or later | Annual | Loaded opacity C Tampering | C.13 C.17 | | 4,000 pounds or less | No | 1967 through 1974 | Annual | Loaded opacity C | C.13 |

Dealer Fleet Testing Procedures. The test procedures in the table in this section apply until the administrator approves sections (B)(2)(a)(i), (B)(3)(a)(i), and (B)(8) into the applicable implementation plan for used vehicles sold by a motor vehicle dealer who is a fleet operator and who has been issued a permit pursuant to A.R.S. § 49-546. After those sections are approved into the applicable implementation plan, used vehicles sold by a motor vehicle dealer who is a fleet operator and who has been issued a permit pursuant to A.R.S. § 49-546 will be subject to the same testing procedures as vehicles tested at state stations and the table in this section will no longer be applicable.

| Area A and Area B Dealer Fleet Testing Procedures Until SIP Revision is Approved | | | | | --- | --- | --- | --- | | Model Year | Test Frequency | Tests Applicable | Test Subsection | | 1981 or later | Annual | Two speed idle test Functional gas cap Tampering | C.6 C.16 C.17 | | 1975 through 1980 | Annual | Idle Test Functional gas cap Tampering | C.7 C.16 C.17 | | 1967 through 1974 | Annual | Idle Test Functional gas cap | C.8 C.16 |

C. Test Requirements

1. Conditions for Pass. A vehicle passes inspection if the vehicle:

a. Is subjected to all applicable tests required by Subsection (B);

b. Is not rejected from any of the tests for any of the reasons specified in (C)(2) or (C)(3) of this subsection; and

c. Does not fail any of the applicable tests for any of the reasons specified in this subsection.

2. Pre-Test Safety Inspection

a. The Department shall inspect each vehicle visually before the emissions test for any of the following unsafe or untestable conditions:

i. A fuel leak that causes wetness or pooling of fuel;

ii. A continuous engine or transmission oil leak onto the floor;

iii. A continuous engine coolant leak onto the floor such that the engine is overheating or may overheat within a short time;

iv. A tire on a driving wheel with less than 2/32-inch tread, metal protuberances, unmatched tire size, obviously low tire pressure as determined by visual inspection;

v. An exhaust pipe that does not allow for safe exhaust probe insertion;

vi. An exhaust pipe on a diesel-powered vehicle that does not allow for safe exhaust probe insertion and attachment of opacity meter sensor units;

vii. Improperly operating brakes;

viii. Any vehicle modification or mechanical condition that prevents dynamometer operation;

ix. Loud internal engine noise;

x. An obvious exhaust leak;

xi. Towing a trailer or carrying a heavy load;

xii. Carrying explosives or any hazardous material not used as a fuel for the vehicle; or

xiii. Any other condition that in the judgment of the inspector makes testing unsafe or the vehicle untestable.

b. If the inspector determines that a vehicle is unsafe or otherwise untestable by the visual inspection the following shall apply:

i. The vehicle shall be rejected without an emissions test;

ii. The inspector shall notify the vehicle owner or operator of all untestable or unsafe conditions found;

iii. A state station shall not charge a fee; and

iv. A state station shall not test the vehicle until the cause for rejection is repaired.

3. Test Operating Conditions. When conducting the emissions test required by this Section, the vehicle emissions inspector shall ensure that all of the following requirements are satisfied:

a. The vehicle shall be tested in the condition presented, unless rejected under 18-2-1006(C)(2);

b. The vehicle's engine shall be operating at normal temperature and not be overheating as indicated by a gauge, warning light, or boiling radiator; and

c. All vehicle accessories shall be turned off during testing.

4. OBD Test.

a. Test Procedure. The OBD test shall consist of:

i. A visual inspection of the MIL function; and

ii. An electronic examination of the OBD computer by connecting a scan tool to the data link connector and interrogating the OBD system to determine vehicle readiness status, MIL status, and the presence of diagnostic trouble codes.

b. Equipment Specifications. The OBD equipment shall conform to the requirements of "Performing Onboard Diagnostic System Checks as Part of a Vehicle Inspection and Maintenance Program," EPA420-R-01-015, EPA, June 2001 (and no future editions or amendments), which is incorporated by reference. A copy of this incorporated material is on file with the Department, the Secretary of State, and is available online at http://azdeq.gov/VECS/Rulemaking.

c. OBD scan tools shall have the most recent available software downloaded and installed before inspection.

d. Test Rejection. A vehicle shall be rejected from an OBD test if any of the following conditions occurs:

i. The number of unset readiness indicators, excluding continuous indicators, is three or more for a model year 1996-2000 vehicle, or two or more for a model year 2001 and newer vehicle;

ii. The data link connector cannot be located or is inaccessible;

iii. The data link connector is loose and the scan tool cannot be inserted into the connector;

iv. The data link connector has no voltage; or

v. The eVIN and monitors are mismatched.

e. Test Failure. A vehicle fails the OBD test if any of the following conditions occurs:

i. The vehicle's MIL does not illuminate when the ignition is on and the engine is off;

ii. The vehicle's MIL illuminates continuously or flashes with the engine running;

iii. The OBD system is not communicating;

iv. The vehicle's OBD system reports the MIL as commanded on;

v. The vehicle's OBD system data is inappropriate for the vehicle being tested; or

vi. The vehicle's OBD system data does not match the original equipment manufacturer (OEM) or a Department exempted OBD software configuration.

5. Transient Loaded and Evaporative System Pressure Test.

a. Transient Loaded Test Procedure.

i. The transient loaded test shall consist of 147 seconds of mass emissions measurement using a constant volume sampler while the vehicle is driven by an inspector through a computer-monitored driving cycle on a dynamometer with inertial weight settings appropriate for the weight of the vehicle.

ii. The driving cycle shall include the acceleration, deceleration, and idle operating modes described in Table 4.

iii. The 147-second sequence may be ended earlier using a fast-pass or fast-fail algorithm.

iv. A retest algorithm shall be used to determine if a test failure is due to insufficient vehicle preconditioning. As determined by the retest algorithm, an additional test may be performed on a failing vehicle.

v. The highest selectable drive gear shall be used for automatic transmissions and first gear shall be used for manual transmission acceleration from idle.

vi. Exhaust emissions concentrations in grams per mile for HC, CO, NOx and CO2 shall be recorded continuously beginning with the first second.

vii. All testing and test equipment for the transient loaded emissions test shall conform to "IM240 & Evap Technical Guidance," EPA420-R-00-007, EPA, April 2000, and no future editions or amendments, which is incorporated by reference, except that the transient driving cycle in Table 4, the standards in Table 4, and the fast-pass, fast-fail retest algorithms described in subsection (C)(5)(a) shall be used. A copy of the incorporated material is on file with the Department, the Secretary of State, and is available online at http://azdeq.gov/VECS/Rulemaking. viii. In determining compliance under subsection (C)(5)(d) for a vehicle that operates on natural gas, HC emissions shall be multiplied by 0.19, when an analyzer with a flame ionization detector is used or 0.61, when an NDIR analyzer is used.

b. Evaporative System Pressure Test Procedure. The evaporative system pressure test shall consist of the following steps in sequence:

i. Connect the test equipment to either the fuel tank vent hose at the canister or the fuel tank filler neck;

ii. Pressurize the system to 14 [DAGGER] 0.5 inches of water without exceeding 26 inches of water system pressure; and

iii. Close off the pressure source, seal the evaporative system, and monitor pressure decay for two minutes unless a failure is detected or a fast-pass determination is made as defined in EPA420-R-00-007, which is incorporated by reference in subsection (C)(5)(a)(vii) of this rule.

c. Test Rejection. A vehicle shall be rejected from the transient loaded and evaporative system pressure test if it has an audible or visible exhaust leak during emissions testing, or if the vehicle displays unsafe behavior on the dynamometer during testing.

d. Transient Loaded Test Failure. A vehicle fails the transient loaded test if emissions measured during the test exceed the Table 3 standard applicable to the model year and type of the vehicle being tested as follows:

i. The average emissions measured for the entire test exceed the "composite standard" for any pollutant; or

ii. The average emissions measured during seconds 65 through 146 exceed the "phase-2" standard for any pollutant.

e. Evaporative System Pressure Test Failure. A vehicle fails the evaporative system pressure test if any of the following conditions occurs:

i. The evaporative system cannot maintain a system pressure above eight inches of water for two minutes after being pressurized to 14 [DAGGER] 0.5 inches of water;

ii. The canister is missing or damaged; or

iii. The hose or electrical system is missing, routed incorrectly, or disconnected, according to the vehicle emissions control information label.

f. Test Failure. A vehicle fails the transient loaded and evaporative system pressure test if it fails the test under either subsection R10-2-1006(C)(5)(d) or R10-2-1006(C)(5)(e).

6. Loaded Test.

a. Loaded Cruise Test Procedure. The vehicle's drive wheels shall be placed on a dynamometer and the vehicle shall be operated according to the Table 1 of this Article.

b. Besides the Arizona specific dynamometer test schedule, loaded tests shall conform to the procedures listed at 40 CFR 51, Subpart S, Appendix B, Section III, amended as of July 1st, 2017, which is incorporated by reference and on file with the Department, the Secretary of State, and is available online at http://azdeq.gov/VECS/Rulemaking.

c. Loaded Test Equipment Specifications.

i. The equipment used in Area A state stations for loaded cruise and curb idle testing shall conform to "IM240 & Evap Technical Guidance," EPA420-R-00-007, EPA, April 2000, and no future editions or amendments, which is incorporated by reference in subsection (C)(5)(a)(vii) of this rule.

ii. The equipment used in Area B state stations and all Arizona fleet emission testing stations for the loaded test shall comply with 40 CFR 51, Subpart S, Appendix A, Section I, amended as of July 1, 2017, which is incorporated by reference and on file with the Department, the Secretary of State, and is available online at http://azdeq.gov/VECS/ Rulemaking.

d. In determining whether a vehicle that operates on natural gas complies with the HC emissions standards in Table 2 of this Article, the results of the test shall be multiplied by 0.19, when an analyzer with a flame ionization detector is used or 0.61, when an NDIR analyzer is used.

e. Test Rejection. A vehicle shall be rejected from a loaded cruise and curb idle test, if the CO2 plus CO reading during the curb idle test is less than 6%.

f. Test Failure. A vehicle fails the loaded cruise and curb idle test if tailpipe emissions measured by the test exceed the applicable standards in Table 2 for loaded cruise mode or curb idle mode for the type and model year of the vehicle being tested.

7. Two Speed Idle Test

a. All two speed idle testing shall conform to the procedures listed at 40 CFR 51, Subpart S, Appendix B, Section II, amended as of July 1, 2017, and no future editions or amendments, which is incorporated by reference and on file with the Department, the Secretary of State, and is available online at http://azdeq.gov/VECS/Rulemaking.

b. All equipment used for two speed idle testing shall conform with the requirements of 40 CFR 51, Subpart S, Appendix A, Section I, amended as of July 1, 2017, and no future editions or amendments, which is incorporated by reference and on file with the Department.

c. Test Failure. A vehicle fails the two speed idle test if tailpipe emissions measured by the test exceed the applicable standards in Table 2 for the type and model year of the vehicle being tested.

8. Idle Test

a. All idle testing shall conform to the procedures listed at 40 CFR 51, Subpart S, Appendix B, Section I, amended as of July 1, 2017, and no future editions or amendments, which is incorporated by reference and on file with the Department, the Secretary of State, and is available online at http://azdeq.gov/VECS/Rulemaking.

b. All equipment used for two speed idle testing shall conform with the requirements of 40 CFR 51, Subpart S, Appendix B, Section I, amended as of July 1, 2017, and no future editions or amendments, which is incorporated by reference and on file with the Department.

c. Test Failure. A vehicle fails the idle test if tailpipe emissions measured by the test exceed the applicable standards in Table 2 for the type and model year of the vehicle being tested.

9. Exhaust Sampling Requirements for Annual Tests on Non-Diesel Vehicles.

a. All CO and HC emissions analyzers shall have water traps incorporated in the sampling lines. Sampling probes shall be capable of taking undiluted exhaust samples from a vehicle exhaust system.

b. A vehicle, other than a diesel-powered vehicle, shall be inspected with a gas analyzer capable of determining concentrations of CO and HC within the ranges and tolerances specified in Table 5.

c. A vehicle with multiple exhaust pipes shall be inspected by collecting and averaging samples by one of the following methods:

i. Collecting separate samples from each exhaust pipe and use the average concentration to determine the test result;

ii. Using manifold exhaust probes to simultaneously sample approximately equal volumes from each exhaust pipe; or

iii. Using manifold exhaust pipe adapters to collect approximately equal volume samples from each exhaust pipe.

10. Snap Idle Test.

a. Snap Idle Test Procedure.

i. The Department shall test the vehicle with a procedure that conforms to Society of Automotive Engineers Recommended Practice J1667, February 1996, incorporated by reference and on file with the Department, the Secretary of State and is available online at http://azdeq.gov/VECS/Rulemaking. This incorporation by reference contains no future editions or amendments.

ii. All testing and test equipment shall conform to the J1667 Recommended Practice.

iii. The procedure shall use the corrections for ambient test conditions in Appendix B of the J1667 Recommended Practice for all tests.

iv. To expedite testing throughput, the Department may implement rapid testing procedures.

v. The test results shall be reported as the percentage of smoke opacity.

b. Snap Idle Test Failure.

i. Except as provided in subsection (C)(10)(c), a vehicle fails the snap idle test if the opacity of emissions exceeds the level specified in the following table:

| Model Year | Standard | | --- | --- | | 1991 or later | 40% | | 1990 or earlier | 55% |

ii. The engine model year is determined by the emission control label. If the emission control label is missing, illegible, or incorrect, the test standard shall be 40%, unless a correct, legible, emission control label replacement is attached to the vehicle within 30 days of the inspection.

c. Alternative Opacity Standard. The Director shall identify an alternative, less stringent opacity standard for an engine family if the conditions of either subsection (C)(10)(c)(i) or (C)(10)(c)(ii) are satisfied.

i. The engine family exhibits smoke opacity greater than the applicable standard in subsection (C)(10)(b)(i) when in good operating condition and adjusted to the manufacturer's specifications. If this condition is satisfied, the Director shall identify a technologically appropriate less stringent standard based on a review of data obtained from engines in good operating condition and adjusted to manufacturer's specifications.

ii. The engine family has been granted an exemption from a standard equivalent to the applicable standard in subsection (C)(10)(b)(i) based on the J1667 Recommended Practice by the executive officer of the California Air Resources Board (CARB). If this condition is satisfied, the Director shall allow the engine family to comply with any technologically appropriate less stringent standard identified by the executive officer of CARB.

iii. A demonstration under subsection (C)(10)(c)(i) shall be based on data from at least three vehicles. Data from official inspections under this subsection (C)(10) showing that vehicles in the engine family meet the standard may be used to rebut the demonstration.

iv. The Director shall implement any new standard resulting from each exemption as soon as practicable for all subsequent tests and provide notice at all affected test stations and fleets.

11. Loaded Opacity A Test.

a. Test Procedure.

i. The vehicle shall be tested on a chassis dynamometer beginning with no power absorption by selecting a gear ratio that produces a maximum vehicle speed of 30-35 MPH at governed or maximum rated RPM.

ii. If the vehicle has a manual transmission or an automatic transmission with individual gear selection, the engine shall be operated at governed or maximum rated engine RPM, at normal operating temperature under a power absorption load applied to the dynamometer until the loading reduces the engine RPM to 80% of the governed speed at wide-open throttle position.

iii. If the vehicle has an automatic transmission and automatic gear kickdown, the engine shall be loaded to a speed just above the kickdown speed or 80% of the governed speed, whichever is greater.

iv. If the chassis dynamometer does not have enough horsepower absorption capability to lug the engine down to these speeds, the vehicle's brakes may be used to assist the dynamometer.

b. Test Failure. A vehicle fails the test if the opacity reading for a period of 10 consecutive seconds exceeds the applicable standard in R18-2-1030(B).

12. Loaded Opacity B Test.

a. Test Procedure. The vehicle shall be tested by a loaded dynamometer test by applying a single load of 30 HP, [DAGGER] 2 HP, while operated at 50 MPH.

b. Test Failure. A vehicle fails the test if the opacity reading for a period of 10 consecutive seconds exceeds the applicable standard in R18-2-1030(B).

13. Loaded Opacity C Test.

a. Test Procedure. The vehicle shall be tested by a loaded dynamometer test by applying a single load of between 6.4 - 8.4 HP while operated at 30 MPH.

b. Test Failure. A vehicle fails the test if the opacity reading for a period of 10 consecutive seconds exceeds the applicable standard in R18-2-1030(B).

14. Exhaust Sampling Requirements for Diesel Vehicles Tests other than the Snap Idle Test.

a. For a diesel-powered vehicle equipped with multiple exhaust pipes, separate measurements shall be made on each exhaust pipe. The reading taken from the exhaust pipe that has the highest opacity reading shall be used for comparison with the standard in R18-2-1030(B).

b. A vehicle shall be inspected with either a full-flow or sampling-type opacity meter. The opacity meter shall be a direct reading, continuous reading light extinction-type using a collimated light source and photo-electric cell, accurate to a value within [DAGGER] 2% of full scale.

15. Functional Gas Cap Test.

a. Test Procedure.

i. The vehicle shall undergo a functional test of the gas cap to determine cap leakage.

ii. A vehicle with a non-sealing gas cap shall be checked for the presence of a properly fitting gas cap.

b. Exemption. A vehicle with a vented fuel system is exempt from this subsection.

c. Exemption. A vehicle that is manufactured without a gas cap is exempt from this subsection.

d. Test Failure.

i. A vehicle fails the test if cap leakage exceeds 60 cubic centimeters of air per minute at a pressure of 30 inches of water gauge.

ii. Notwithstanding subsection 18-2-1006(C)(15)(d)(i), a vehicle does not fail the test if the failing cap is immediately replaced at the state station by a gas cap that satisfies the requirements of this subsection.

16. Tampering Inspection.

a. The inspection shall be based on the original configuration of the vehicle as manufactured. The Department shall verify the applicable emissions system requirements shall be verified by the "Vehicle Emission Control Information" label. "Original configuration" for a foreign manufactured vehicle means the design and construction of a vehicle produced by the manufacturer for original entry and sale in the United States.

b. The Department's tampering inspection shall consist of the following:

i. A visual inspection to determine the presence and proper installation of each required catalytic converter system or OEM equivalent;

ii. An examination to determine the presence of an operational injection system, if applicable;

iii. A visual inspection to determine the presence of an operational positive crankcase ventilation system or closed crank-case ventilation system, if applicable; and

iv. A visual inspection to determine the presence of an operational evaporative control system, if applicable.

17. Visual Gas Cap Test. The visual gas cap test consists of the inspector's ocular verification that a gas cap is properly fitted to the vehicle.

18. Testing Vehicles that Operate on More than One Fuel. A vehicle, other than a vehicle for which an OBD test is required, designed to operate on more than one fuel, shall be tested on the fuel in use when the vehicle is presented for inspection, except vehicles that operate on alternative fuel, as defined in A.R.S. § 1-215.

19. Testing Vehicles that Operate on Alternative Fuels.

a. The inspector shall test vehicles that operate on an alternative fuel, as defined in A.R.S. § 1-215, other than a vehicle for which an OBD test is required, on each fuel that the vehicle is intended to operate on, using the appropriate emissions test procedure and standards for that vehicle.

b. The vehicle shall be operated for a minimum of 30 seconds after switching fuels and before testing begins. The vehicle shall be rejected for testing if it is not able to operate on each fuel that the vehicle is intended to operate on or if the vehicle operator cannot switch fuels.

c. A vehicle that operates exclusively on propane or natural gas, as defined in A.R.S. § 1-215, shall be exempt from the functional gas cap test in subsection 10-2-1006(C)(15) and the evaporative pressure system test in subsection 10-2-1006(C)(5)(b).

History

• Former Section R9-3-1006 repealed, new Section R9-3-1006 adopted effective January 13, 1976 (Supp. 76-1). Amended effective November 1, 1976 (Supp. 76-5). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective February 20, 1980 (Supp. 80-1). Former Section R9-3-1006 repealed, new Section R9-3-1006 adopted as an emergency effective January 2, 1981 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1006 as amended effective February 20, 1980 repealed and a new Section R9-3-1006 adopted as an emergency effective January 2, 1981 now adopted and amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1006 renumbered as Section R18-2-1006 and subsections (A), (C) and (D) amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 2722, effective June 28, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 08-3). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1007 Evidence of Meeting State Inspection Requirements

A. A vehicle required to be inspected under this Article shall pass inspection before registration by meeting the requirements of R18-2-1006, unless the vehicle owner obtains a certificate of waiver under R18-2-1008.

B. The MVD or its agent may use the MVD motor vehicles emissions database, if available, as evidence that a vehicle complies with the requirements of this Article.

C. If the MVD motor vehicles emissions database is not available, the MVD or its agent shall accept any of the following documents identified in subsections (C)(1) to (C)(5), when complete, unaltered, and dated no more than 90 days before registration expiration date, as evidence that a vehicle complies with the requirements of this Article unless the MVD or its agent has reason to believe it is false. Documents accompanying a late registration may be dated subsequent to the registration expiration date:

1. Certificate of compliance,

2. Certificate of waiver (except from auto dealers licensed to sell used motor vehicles under Title 28),

3. Certificate of exemption,

4. Director's certificate, or

5. The upper section of the vehicle inspection report with "PASS" in the final results block.

D. A complete certificate of inspection or government vehicle certificate of inspection dated within 12 months of registration for an annually tested vehicle and 24 months for a biennially tested vehicle shall be accepted by the MVD or its agent as evidence that a vehicle is in compliance with the requirements of this Article unless the MVD or its agent has reason to believe it is false.

E. Documents listed in subsection (C) and originating in Area B are not acceptable for meeting the inspection requirements in Area A, unless the tests required in Area A and Area B for the vehicle under R18-2-1006 are identical.

F. Government vehicles for which only weight fees are paid shall be registered without evidence of inspection.

History

• Former Section R9-3-1007 repealed, new Section R9-3-1007 adopted effective January 13, 1976 (Supp. 76-1). Former Section R9-3-1007 repealed, new Section R9-3-1007 adopted effective January 3, 1977 (Supp. 77-1). Amended effective February 20, 1980 (Supp. 80-1). Amended effective January 1, 1986 (Supp. 85-6). Former Section R9-3-1007 renumbered without change as Section R18-2-1007 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1008 Procedure for Issuing Certificates of Waiver

A. Unless prohibited under subsection (D), a waiver inspector shall issue a certificate of waiver after reinspection at a state station to a vehicle that failed the emissions reinspection when the vehicle owner demonstrates any of the following conditions have been satisfied:

1. The requirements of R18-2-1009 and R18-2-1010, to the extent applicable, have been satisfied;

The vehicle owner has spent the maximum required repair cost on the maintenance and repair procedures required by R18-2-1010; or

3. Any further repairs within the maximum required repair cost would not enable the vehicle to pass the required vehicle emissions inspection.

B. The demonstration required by subsection (A) may consist of repair receipts, emissions test results, evidence of repairs performed, under hood verification, repair cost estimates, or similar evidence.

B. C. A temporary certificate of waiver may be issued to a vehicle failing the tampering inspection if the vehicle owner provides to a waiver inspector a written statement from an automobile parts or repair business that an emission control device necessary to repair the tampering is not available and cannot be obtained from any usual source of supply, and if all requirements of R18-2-1008(A) have been met. All written statements are subject to verification for authenticity and accuracy by the waiver inspector. The Department may deny a temporary certificate of waiver if the state inspector has any reason to believe the written statement is false or a usual source of supply exists and the device necessary to repair the tampering is available. Certificates of waiver may be issued under this subsection for a specified period, not to exceed 90 days, that allows sufficient time for the procurement and installation of a proper emissions control device. A receipt or bill from a vehicle repair facility or automobile parts store shall be an acceptable proof of purchase. Before the end of the specified time period, the vehicle owner shall present to the waiver inspector proof of purchase and installation of the device. The Department shall track all issued temporary certificates of waiver and if no proof of purchase and installation is received before the end of the specified time period, the Department shall forward to the MVD an order to cancel the vehicle's registration.

C. D. The Director shall not issue a waiver to a vehicle under any of the circumstances described in subsections (D)(1) through (4).

1. The vehicle failed the emissions test due to the catalytic converter system. A vehicle fails the emissions test due to the catalytic converter system if:

a. The vehicle has a catalytic converter system that is missing or defeated;

b. The vehicle is equipped with an on-board diagnostic computer (OBD) with a malfunction indicator light (MIL), "check engine" or "service engine soon" light commanded on by the computer and containing diagnostic trouble codes indicating the catalytic converter must be replaced; or

c. A vehicle with a repair order or estimate paperwork provided the waiver technician at the time of waiver inspection shows that a diagnostic determination has been made by the mechanic that the catalytic converter must be replaced.

2. The vehicle failed the emissions test with an HC, CO, NOx, or opacity emission level greater than two times the pass-fail standard in R18-2-1006.

3. The same vehicle has previously received a certificate of waiver.

4. The waiver request is based upon repair estimates and the waiver inspector demonstrates that a recognized repair facility can repair or improve the vehicle's test readings within the repair cost limit.

D. The Director shall not issue a waiver to a vehicle failing the emission test with an HC, CO, NOx, or opacity emission level greater than two times the pass-fail standard in R18-2-1006, unless the vehicle is repaired so that each emission level is less than two times the pass-fail standard.

E. After January 1, 1997, the Director shall not issue a certificate of waiver to the same vehicle more than once.

F. E. The fee for a certificate of waiver under this Section shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director's estimated costs to the state for administering and enforcing the provisions of this Article for issuance of certificates of waiver under this Section. The fee shall be payable at the time the certificate of waiver is issued.

F. If a waiver inspector denies a certificate of waiver under this Section, the vehicle owner may request review of the denial by a state inspector.

History

• Former Section R9-3-1008 repealed, new Section R9-3-1008 adopted effective January 13, 1976 (Supp. 76-1). Former R9-3-1008 repealed, new Section R9-3-1008 adopted effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1008 as amended effective January 3, 1979, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (A) and added subsection (D) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1008 renumbered as Section R18-2-1008 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1009 Tampering Repair Requirements

A. When a vehicle fails the visual inspection for properly installed catalytic converters, the vehicle owner shall replace the converters with new or reconditioned OEM converters, or equivalent new aftermarket converters.

B. If a vehicle fails the functional gas cap pressure test described in R18-2-1006(E)(7)(a) or (F)(7)(a), the gas cap shall be replaced with one that meets those specifications. If a vehicle designed with a vented system fails a visual inspection for the presence of a gas cap, a properly fitting gas cap shall be installed on the vehicle.

C. B. When a vehicle fails the visual inspection for the presence of an operational air injection system, the vehicle owner shall install a new, used, or reconditioned, operational air pump on the vehicle according to manufacturer specifications.

D. C. When a gasoline vehicle fails the visual inspection for the presence or malfunction of the positive crankcase ventilation system, the vehicle owner shall repair or replace the system with OEM or equivalent aftermarket parts.

D. When a diesel-powered vehicle fails the visual inspection for the presence or malfunction of the closed crankcase ventilation system, the vehicle owner shall repair or replace the system with OEM or equivalent aftermarket parts.

E. When a vehicle fails the visual inspection for the presence or malfunction of the evaporative control system, the vehicle owner shall repair or replace the system with OEM or equivalent aftermarket parts.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Repealed effective January 3, 1977 (Supp. 77-1). New Section R9-3-1009 adopted effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1009 renumbered without change as Section R18-2-1009 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 08-3). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1010 Low Emissions Tune-up, Emissions and Evaporative System Repair

A. Vehicle maintenance and repairs under subsection (B) and the failure-specific maintenance and repair requirements of subsection (C) must be performed before rein-spection of a vehicle that fails a tailpipe emissions or OBD test under R18-2-1006.

B. Vehicle maintenance and repairs on a non-diesel powered vehicle consists of the following procedures:

1. Emissions Failure Diagnosis. For a computer-controlled vehicle, the on-board computer shall be accessed and any stored trouble codes recorded. For a model year 1996 or newer vehicle equipped with an OBD system, a compatible scan tool shall be used to access and record diagnostic trouble codes. The following instruments or equipment are required to complete a low emissions tune-up:

a. Tachometer, although for 1996 and later vehicles an OBD scanner can be used to monitor engine RPMs;

b. A compatible OBD scan tool, if appropriate;

c. Engine analyzer or oscilloscope; and

d. A HC/CO NDIR analyzer to make final A/F adjustments, if specified by the manufacturer.

2. Adjustment. All adjustments shall be made according to the manufacturer's specifications and procedures. Final adjustment shall be made on the vehicle engine only after the engine is at normal operating temperature.

Inspection of Air Cleaner, Choke, and Air Intake System. The vehicle owner shall repair or replace a dirty or plugged air cleaner, stuck choke, or restricted air intake system as required.

4. Dwell and Basic Timing Check. Dwell and basic engine timing shall be checked and the vehicle owner shall make adjustments, if necessary, according to manufacturer's specifications.

5. Inspection of PCV System. The PCV system shall be checked to ensure that it is the type recommended by the manufacturer and is correctly operating. Free flow through the PCV system passages and hoses shall be verified. The vehicle owner shall repair or replace the system as required.

6. Inspection of Vacuum Hoses. The vacuum hoses shall be inspected for leaks, obstruction, and proper routing and connection. The vehicle owner shall repair or replace as required.

7. Fuel Lines and System Components Inspection. A visual inspection for leaking fuel lines or system components shall be performed. The vehicle owner shall repair or replace any leaking lines or systems as required.

8. Idle Speed and A/F Mixture Check. The idle speed and A/F mixture shall be checked and the vehicle owner shall make adjustments according to manufacturer's specifications and procedures. If the vehicle is equipped with a fuel injection system or an alternate fuel (LPG or LNG), the manufacturer's recommended adjustment procedure shall be followed.

B. A vehicle that fails reinspection does not qualify for a waiver unless a low emissions tune-up and diagnosis is performed on the vehicle.

C. Failure-specific recommended repairs and maintenance. If the maximum required repair cost in subsection (F) or (G) is not exceeded after the diagnosis and vehicle maintenance and repairs described in subsection (B), then the following procedures apply:

1. CO failure.

a. If a vehicle fails CO only, the vehicle shall be checked for:

i. Proper canister purge system operation,

ii. High float setting,

iii. Leaky power valve, and

iv. Faulty or worn needles, seats, jets or improper jet size.

b. If applicable, the vehicle shall be checked for the following items:

i. Computer,

ii. Engine and computer sensors,

iii. Engine solenoids,

iv. Engine thermostats,

v. Engine switches,

vi. Coolant switches,

vii. Throttle body or port fuel injection system,

viii. Fuel injectors,

ix. Fuel line routing and integrity,

x. Air in fuel system including line and pump,

xi. Fuel return system,

xii. Injection pump,

xiii. Fuel injection timing,

xiv. Routing of vacuum hoses, and

xv. Electrical connections.

c. The items in subsections (C)(1)(a) and (b) shall be repaired or replaced as required.

2. HC, or HC and CO failure.

a. If a vehicle fails HC, or HC and CO emissions, the vehicle shall be checked for:

i. Faulty spark plugs and faulty, open, crossed, or disconnected plug wires;

ii. Distributor module;

iii. Vacuum hose routing and electrical connections;

iv. Distributor component malfunctions including vacuum advance;

v. Faulty points or condenser;

vi. Distributor cap crossfire;

vii. Catalytic converter efficiency air supply;

viii. Vacuum leaks at intake manifold, carburetor base gasket, EGR, and vacuum-operated components.

b. The vehicle owner shall repair or replace the items in subsection (C)(2)(a) as required.

3. NOx failure.

a. If a vehicle fails for NOx emissions, the vehicle shall be checked for:

i. Removed, plugged, or malfunctioning EGR valve, exhaust gas ports, lines, and passages;

ii. EGR valve electrical and vacuum control circuitry, components, and computer control, as applicable;

iii. Above normal engine operating temperature;

iv. Proper air management;

v. Lean A/F mixture;

vi. Catalytic converter efficiency; and

vii. Over-advanced off-idle timing.

b. The items in subsection (C)(3)(a) shall be repaired or replaced as required.

4. OBD failure. If the vehicle fails the OBD test, the vehicle owner shall repair the items indicated on the vehicle emissions report as causing the failure. If the failure results from diagnostic trouble codes (DTCs) that caused the malfunction indicator lamp (MIL) to be illuminated, the vehicle owner shall repair or replace the components or systems causing the DTCs shall be repaired or replaced. After repair of a DTC failure, and before reinspection, the vehicle shall be operated under conditions recommended by the vehicle manufacturer for the OBD computer to evaluate the repaired system.

D. For Evaporative System Failures, the following procedures apply:

If a vehicle fails the evaporative system pressure test, the vehicle shall be checked for leaking or disconnected vapor hoses, line, gas cap, and fuel tank.

2. If a vehicle fails a visual inspection of the evaporative system, the vehicle shall be checked for a missing or damaged canister, canister electrical and vacuum control circuits and components, disconnected, damaged, misrouted or plugged hoses, and damaged or missing purge valves. The vehicle owner shall repair or replace the system with OEM or equivalent aftermarket parts.

E. If a vehicle fails the functional gas cap pressure test described in R18-2-1006, the vehicle owner shall replace the gas cap with one that meets the requirements of that subsection. If a vehicle designed with a vented system fails a visual inspection for the presence of a gas cap, the vehicle owner shall install a properly fitting gas cap on the vehicle.

F. The maximum required repair cost for a vehicle in Area A, not including cost to repair the vehicle for failing an evaporative system pressure test due to tampering, or other tampering repair cost, is:

1. For a diesel-powered vehicle with a GVWR greater than 26,000 pounds or a diesel-powered vehicle with tandem axles: $500; and

2. For a vehicle that is not a diesel-powered vehicle with a GVWR greater than 26,000 pounds and is not a diesel-powered vehicle with tandem axles:

a. Manufactured in or before the 1974 model year: $200;

b. Manufactured in the 1975 through 1979 model years: $300; and

c. Manufactured in or after the 1980 model year: $450.

Subsection (F) does not prevent a vehicle owner from authorizing or performing more than the required repairs. A vehicle operator who has a vehicle reinspected shall have the repair receipts available when requesting a certificate of waiver.

G. The maximum required repair cost for vehicles in Area B, not including tampering repair cost, is:

1. For a diesel-powered vehicle with a GVWR greater than 26,000 pounds or a diesel-powered vehicle with tandem axles: $300; and

2. For a vehicle that is not a diesel-powered vehicle with a GVWR greater than 26,000 pounds and is not a diesel-powered vehicle with tandem axles:

a. Manufactured in or before the 1974 model year: $50;

b. Manufactured in the 1975 through 1979 model years: $200; and

c. Manufactured in or after the 1980 model year: $300.

3. Subsection (G) does not prevent a vehicle owner from authorizing or performing more than the required repairs. A vehicle operator who has a vehicle reinspected shall have the repair receipts available when requesting a certificate of waiver.

H. Before reinspection of a diesel vehicle that has failed an inspection, the vehicle owner shall comply with the following maintenance and repair requirements to the extent that the total cost of meeting the requirements does not exceed the maximum required repair cost in subsection (F) or (G):

1. Inspect for dirty or plugged air cleaner, or restricted air intake system. Repair or replace as required.

2. Check fuel injection system timing according to manufacturer's specifications. Adjust as required.

3. Check for fuel injector fouling, leaking, or mismatch. Repair or replace as required.

4. Check fuel pump and A/F ratio control according to manufacturer's specifications. Adjust as required.

5. If the vehicle fails the J1667 procedure, check smoke-limiting devices, if any, including the aneroid valve and puff limiter. Repair or replace as required.

I. The vehicle owner shall use any available warranty coverage for a vehicle to obtain needed repairs before an expenditure can be counted toward the cost limits in subsection (F) and (G). If the operator of a vehicle within the age and mileage coverage of section 207(b) of the Clean Air Act presents a written denial of warranty coverage from the manufacturer or authorized dealer, warranty coverage is not considered available under this subsection.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Former Section R9-3-1010 repealed, new Section R9-3-1010 adopted effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective February 20, 1980 (Supp. 80-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1010 as amended effective February 20, 1980, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1010 renumbered as Section R18-2-1010 and subsection (D) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 08-3). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1011 Vehicle Inspection Report

A. The Department shall provide a vehicle inspected at a state station with a uniquely numbered vehicle inspection report of a design approved by the Director that contains, at a minimum, the following information, as applicable to the tests required for the vehicle under R18-2-1006:

1. License plate number;

2. Vehicle identification number;

3. Model year of vehicle;

4. Make of vehicle;

5. Style of vehicle;

6. Type of fuel;

7. Odometer reading ;

8. Emissions standards for idle and loaded cruise modes, if applicable;

Emissions measurements during idle and loaded cruise modes, if applicable;

10. Opacity measurements and standards, if applicable;

11. Emissions standards and measurements for the transient loaded test, and the evaporative system pressure test, if applicable;

12. Results of OBD test including all diagnostic trouble codes that commanded the illumination of the malfunction indicator l

Tampering inspection results;

14. Liquid fuel leak inspection results;

15. 14. Repair requirements;

16. 15. Final test results;

17. 16. Repairs performed;

18. 17. Cost of emissions-related repairs;

19. 18. Cost of tampering-related repairs;

20. 19. Name, address, and telephone number of the business or person making repairs;

21. 20. Signature and certification number of person certifying repairs;

22. 21. Date of inspection;

23. 22. Test results of the previous inspection if the inspection is a reinspection;

24. 23. Inspection station, lane locators; and

25. 24. Test number and time of test.

B. A vehicle failing the initial inspection shall receive the Department's approved inspection report supplement containing, at a minimum, the following:

1. Diagnostic and tampering information including acceptable replacement units, and

2. Applicable maximum repair costs.

C. The inspection report shall include a section that may be used as a certificate of compliance for vehicles passing the inspection or as a certificate of waiver, if applicable. The section shall contain all of the following information:

1. License plate number,

2. Vehicle identification number,

3. Final results,

4. Serial number of the inspection report,

5. Date of inspection,

6. Model year,

7. Make,

8. Date of initial inspection,

9. Inspection fee, and

10. Label as either a certificate of compliance or a certificate of waiver.

1. The tear-out section shall be a certificate of compliance when the word "compliance" appears in the appropriate location on the printout.

2. The tear-out section shall be a certificate of waiver when the word "waiver" appears in the appropriate location on the printout.

3. The tear-out section shall contain all of the following information:

a. License plate number,

b. Vehicle identification number,

c. Final results,

d. Serial number of the inspection report,

e. Date of inspection,

f. Model year,

g. Make,

h. Date of initial inspection, and

i. Inspection fee.

D. At the time of registration, the certificate of compliance or certificate of waiver may be submitted to the Arizona Department of Transportation Motor Vehicle Division as evidence of meeting the requirements of this Article.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Former Section R9-3-1011 repealed, new Section R9-3-1011 adopted effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1011 as amended effective January 3, 1979, and as amended as an emergency effective January 2, 1981 now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsections (A) and (B) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1011 renumbered as Section R18-2-1011 and amended by removing subsection (E) effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 08-3). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1012 Inspection and Reinspections; Procedures and Fee

A. A vehicle that is inspected by a state station must be accompanied by a document such as a registration renewal notice, registration, certificate of title, or bill of sale that identifies the vehicle by make, model year, identification number, and license plate if applicable.

B. If the vehicle inspection report from the previous test is used, it shall be retained by the test lane inspector.

C. A. The fees vehicle owners are required to pay for emissions inspections at a state station shall be specified in the contract between the contractor and the state of Arizona according to A.R.S. § 49-543, and shall include the full cost of the vehicle emissions inspection program including administration, implementation, and enforcement. Each fee is payable by the vehicle owner directly to the contractor at the time and place of inspection as specified in the contract, and deposited into an account established by the Department for administration of fees. The contractor will be compensated by the Department for services provided on a schedule and in a manner defined in the contract.

D. Each subsequent inspection, if needed, shall be treated by the state and the contractor in the same manner as an initial inspection and reinspection, providing for a free reinspection according to R18-2-1013, if needed, following a paid inspection. The fee for each paid reinspection shall be the full fee as provided for in the contract with the contractor.

B. A vehicle failing the initial paid inspection or any subsequent paid inspection is entitled to one reinspection at no additional charge under the following conditions:

1. The vehicle is presented for inspection within 60 calendar days of the initial or any subsequent paid inspection.

2. Emissions-related repairs or adjustments and any tampering repairs have been made.

3. The vehicle is accompanied by the vehicle inspection report from the initial or subsequent inspection.

C. A vehicle failing the reinspection shall be provided a vehicle inspection report and a vehicle inspection report supplement.

E. D. A state station emissions inspector shall not recommend repairs or repair facilities.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Former Section R9-3-1012 repealed, new Section R9-3-1012 adopted effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1012 as amended effective January 3, 1979, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended subsections (A) and (D) effective November 9, 1982 (Supp. 82-6). Amended effective January 1, 1986 (Supp. 85-6). Former Section R9-3-1012 renumbered as Section R18-2-1012 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1013 [Repealed]

History

• Adopted effective January 13, 1976 (Supp. 76-1). Former Section R9-3-1013 repealed, new Section R9-3-1013 adopted effective January 3, 1977 (Supp. 77-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1013 adopted effective January 3, 1977, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp 86-6). Former Section R9-3-1013 renumbered as Section R18-2-1013 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Repealed by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1014 [REPEALED]

History

• Adopted effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Section repealed by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4).

Ariz. Admin. Code § R18-2-1015 [REPEALED]

History

• Adopted effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Section repealed by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4).

Ariz. Admin. Code § R18-2-1016 Licensing of Inspectors and Fleet Agents

A. The Department shall license a person as a vehicle emissions inspector if the applicant passes a practical and a written examination with a score equal to or greater than 80% in the following areas Emissions inspectors shall be licensed as follows:

1. For nondiesel-powered fleet vehicle emissions inspectors:

a. Equipment used in the inspection and the control of emissions;

b. Types of emission inspection failures;

c. Corrective procedures for excessive HC emissions;

d. Corrective procedures for excessive CO emissions;

e. Corrective procedures for excessive NOx emissions, for inspectors in area A;

f. Proper fuel system adjustment procedures;

g. Computerized engine control systems; and

h. Regulations governing fleet stations;

2. For diesel-powered fleet vehicle emissions inspectors:

a. Equipment used in the inspection and the control of opacity and emissions;

b. Corrective procedures for excessive opacity;

c. Proper fuel injection system adjustment procedures;

d. Proper use of tools required by the vehicle manufacturer for field setting of fuel injectors, inlet and exhaust valve clearance, governors, and throttle controls;

e. Computerized engine control systems; and

f. Regulations governing fleet stations;

3. For state station vehicle emission inspectors:

a. Air pollution causes and effects;

b. Purpose, function, and goals of the inspection program;

c. State inspection regulations;

d. Test procedures and rationale for their design;

e. Emission control devices, configuration, and inspection;

f. Test equipment operation, calibration, and maintenance;

g. Proficiency in driving the transient test cycle in Table 4;

h. Quality control procedures;

i. Public relations; and

j. Safety and health issues related to the inspection process.

4. For the practical portion of the examination an applicant shall demonstrate the ability to conduct a proper emissions inspection, including proper use of equipment and procedures, to pass. If an inspector fails to demonstrate such ability in an audit, either covert or overt, the inspector's license shall be suspended. The suspended licensee shall demonstrate to the Department the skills required by this subsection within 30 days of suspension or such license shall be revoked.

B. If an applicant for a nondiesel-powered vehicle emissions inspector license fails the written examination, the applicant shall successfully complete the vehicle emissions inspector state training program before reexamination for licensure.

C. Applications may be obtained from the Department. The application shall contain the following:

1. The type of license requested;

2. The applicant's name;

3. The applicant's home address;

4. The applicant's phone number;

5. The name of the applicant's employer;

6. The phone number of the applicant's employer;

7. The applicant's signature; and

8. The date of the license request.

D. All completed applications shall be returned to the Department.

E. Licenses issued to vehicle emissions inspectors shall be renewed annually on or before the expiration date. An inspector whose license has expired may not inspect vehicles.

F. Applications for renewal of vehicle emissions fleet inspector's licenses shall be submitted within 30 days before the current license expiration date.

G. The Department may suspend, revoke, or refuse to renew a license if the licensee has violated any provision of A.R.S. Title 49, Chapter 3, Article 5 or any provision of this Article or fails to continue to demonstrate proficiency to the Department as required in subsection (A).

H. A vehicle emissions inspector shall notify the Department of any change in employment status, due to retirement, resignation or termination, within seven days of the change. The notification shall include the name and license number of the emissions inspector, a statement declaring the employment change, and the effective date of the employment change.

I.

1. To obtain a license as a vehicle emissions inspector, an applicant shall pass a written test with a score greater than or equal to 80%. After passing the written test, the applicant shall pass a separate practical examination.

a. Applications to become an emissions inspector may be obtained from the Department and an applicant must submit a completed application to the Department. The Department must deem an application administratively complete before an applicant will be allowed to sit for the written test. If the Department finds the application to be incomplete, the applicant shall be provided an opportunity to submit sufficient information to enable the Department to deem the application administratively complete.

b. The written test shall cover the following subjects:

i. The air pollution problem in Arizona, its causes and effects;

ii. The purpose, function, and goals of the vehicle inspection program;

iii. State vehicle inspection regulations and procedures;

iv. Technical details of the test procedures and rationale for their design;

v. Emission control device function, configuration, and inspection;

vi. Test equipment operation, calibration, and maintenance;

vii. Quality control procedures and their purpose;

viii. Public relations; and

ix. Safety and health issues related to the inspection process.

c. After passing the written test, the inspector applicant shall pass a practical exam where the applicant shall demonstrate the ability to conduct a proper emissions inspection, including proper use of equipment and procedures, in accordance with the testing procedures in R18-2-1006(C) . An inspector applicant shall pass a practical examination for each type of test the applicant intends to perform.

2. Licenses issued to vehicle emissions inspectors shall be renewed biannually, on or before the expiration date.

3. An inspector whose license is expired or suspended shall not inspect vehicles.

4. A vehicle emissions inspector shall submit an application for a renewal of the vehicle emissions inspector's license at least 90 days before the current license expiration date.

5. The Department may suspend, revoke, or refuse to renew a license if the licensee has violated any provision of A.R.S. Title 49, Chapter 3, Article 5, any provision of this Article, or fails to continue to demonstrate proficiency to the Department.

6. A vehicle emissions inspector shall notify the Department of any change in employment status no later than fourteen days after the change.

7. The Department shall assign a single, unique, nontransferable inspector's number to each vehicle emissions inspector.

8. If a licensed emissions inspector fails to demonstrate the ability to conduct a proper vehicle emissions inspection during any audit, the Department shall suspend the vehicle emissions inspector's license. The suspended emissions inspector shall pass a practical examination within 30 days after suspension or the inspector's license shall be revoked. An inspector's license may be reinstated once the inspector passes a written examination with a score of 80% or greater and demonstrates the ability to properly conduct a vehicle emissions test during a practical examination.

B. Fleet Agents shall be licensed as follows:

1. To obtain a license as a fleet agent, an applicant shall pass a written test with a score greater than or equal to 80%. A fleet agent is an individual associated with a fleet emissions testing permit who is ultimately responsible for making sure a fleet complies with the requirements of this Article. This license is separate and distinct from a fleet emissions inspector license.

a. Applications to become a fleet agent may be obtained from the Department. An application must be administratively complete and submitted in the manner required by the Department before an applicant will be allowed to sit for the written test.

b. The written test shall cover the following subjects:

i. The statutes and rules governing the operation and administration of a fleet emissions inspection station.

ii. The duties of a fleet agent.

iii. How to operate an account on the Department's web portal.

iv. Purchasing certificates of inspection.

2. If a licensed fleet agent fails to assure that the agent's fleet complies with this Article, the agent's license shall be suspended. The suspended agent shall pass a written test within 30 days of suspension or such license shall be revoked.

3. Licenses issued to fleet agents shall be renewed biannually, on or before the expiration date.

4. A fleet represented by an agent that has a suspended license may not inspect vehicles.

5. The Department may suspend, revoke, or refuse to renew a fleet agent's license if the licensee has violated any provision of A.R.S. Title 49, Chapter 3, Article 5, any provision of this Article, or fails to continue to demonstrate proficiency to the Department as required.

6. A fleet agent shall notify the Department of any change in employment status within seven days of the change.

7. The Department shall assign a single, unique, nontransferable agent's number to each fleet agent.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1016 as amended effective March 2, 1978, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1016 renumbered as Section R18-2-1016 and subsection (G) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1017 Inspection of Government Vehicles

A. Government vehicles operated in Area A and Area B shall be inspected as follows:

1. At a licensed fleet station operated by the government entity;

2. At a state station upon payment of the fee; or

3. At a state station upon payment of the contracted fee, either singly or in combination with other government fleet operators.

B. A government vehicle, except a federally owned vehicle that is excluded from the definition of motor vehicle under 40 CFR 85.1703, shall be inspected according to this Article and shall have a government vehicle certificate of inspection (GVCOI) affixed to the vehicle if in compliance with state emissions requirements.

1. The vehicle emissions inspector performing the inspection shall punch out the appropriate year and month on the GVCOI to designate the date of the vehicle's next annual or biennial inspection.

2. If the vehicle emissions inspection is performed at a fleet station, the emissions inspector shall record administratively complete results of the inspection into the Department's web portal on the day of the inspection. The unique number on the GVCOI sticker must be entered along with the emissions testing results for the vehicle.

2. 3. A government vehicle, with the exception of a motorcycle or an undercover law enforcement vehicle, shall have the GVCOI affixed to the lower left side of the rear window as determined from a position facing the window, from outside the vehicle. If a vehicle does not have a rear window, the GVCOI shall be affixed to the lower left corner of the windshield as determined from the driver's position.

3. A government motorcycle shall have the Government Vehicle Certificate of Inspection affixed to the lower left-hand corner of the windscreen as determined from the driver's position. If the Government Vehicle Certificate of Inspection cannot be affixed to the lower left-hand corner of the windscreen, the Government Vehicle Certificate of Inspection may be affixed to a visible position on the front or left side of the left front fork of the motorcycle. The fork shall be determined from the driver's position.

C. The GVCOI shall be purchased from the the Department's web portal.

1. The fee for a certificate of inspection shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director's estimated costs to the state of administering and enforcing the provisions of this Article as they apply to issuance of certificates of inspections.

2. Only the Department may sell or otherwise transfer GVCOI.

D. All Government Vehicle Certificates of Inspection shall be designed, issued, and administered to ensure compliance with this Article. The Department shall be the only source of supply for Government Vehicle Certificates of Inspection.

E. Government entity fleet stations shall inspect the fleet vehicles according to R18-2-1019 except that a government vehicle certificate of inspection shall only be used for government vehicles.

F. A government entity fleet station shall send a quarterly statement identifying vehicles and test results to the Department within 10 business days following the end of the quarter.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended effective January 1, 1986 (Supp. 85-6). Former Section R9-3-1017 renumbered as Section R18-2-1017 and subsection (E) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1018 Certificate of Inspection

A. A fleet inspector shall submit and certify administratively complete certificates of inspection (COI) to the Department through the Department's web portal. A COI is used as evidence that the vehicle it is assigned to has passed the tests required by this Article and complies with the applicable state emissions standards for that vehicle. Inspection data may be electronically transmitted to MVD under A.R.S. § 49-542(Q).

B. On the day a vehicle is inspected, a licensed vehicle emissions inspector shall enter an administratively complete record of the inspection into the Department's web portal.

1. VIN,

2. Model year,

3. License number,

4. If applicable, a statement that the inspection meets area A requirements,

5. Owner of vehicle,

6. Date of expiration, according to R18-2-1019(F)(1)(b) ,

7. Fleet station permit number, and

8. Inspector's signature and license number.

C. A certificate of inspection issued to a fleet vehicle is valid for a period of 180 days after the transfer unless the vehicle is reregistered with a new owner.

D. A certificate of inspection, complete or incomplete, is not transferable except as provided in subsection (C) or except when submitted to MVD for the purpose of vehicle registration. The following individuals are authorized to purchase certificates of inspection as long as the fleet they are associated with meets the requirements of this article:

1. A fleet agent who is licensed by the Department under R18-2-1016;

2. A responsible corporate officer; or

3. A designated responsible officer.

E. Only a person who meets the requirements of R18-2-1019(D)(4) is authorized to purchase certificates of inspection, certificates of waiver, or Government Vehicle Certificates of Inspection.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended subsection (A) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1018 renumbered as Section R18-2-1018 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1019 Fleet Station Procedures and Permits

A. The following requirements apply to issuance of fleet station permits:

1. An owner or lessee of a fleet of 25 or more nonexempt vehicles whose place of business is located in area A or B may apply to the Director for a permit to establish a fleet station. A dealer's business inventory of vehicles held for resale, counted cumulatively over the previous 12 months at the time of application review by the Department shall be used to determine compliance with this subsection. A newly established dealer shall certify that it will comply with the 25 nonexempt vehicles requirement.

2. An application form for a fleet station permit shall be obtained from the Department. All completed applications shall be submitted to the Department. An application shall be considered administratively complete when:

a. The Department receives a completed application form and fleet agent designation form;

b. The applicant or designated employee successfully completes the fleet agent examination; and

c. The Department conducts a site inspection.

3. Before an application for a fleet station permit may be approved, a state inspector shall inspect the premises to determine compliance with subsections (B) and (C).

4. A fleet station permit shall not expire.

5. A fleet station permit shall only be applicable to the fleet's inspection facility located at the address shown on the fleet station permit. If a fleet owner or lessee requests a permit for inspection facilities at more than one address, the fleet owner or lessee shall apply for a permit for each facility.

6. A fleet station permit issued by the Director is non-transferable.

7. If the name or address of the permitted fleet facility changes and the name or address change does not involve a change of ownership, the permit shall be returned to the Department for cancellation and a new permit application shall be submitted. The Director shall cancel the returned permit and issue a new permit.

8. In the event of loss, destruction, or mutilation of the permit, the person to whom it was issued may obtain a duplicate upon furnishing satisfactory proof of loss, destruction, or mutilation. If a fleet owner or lessee obtains a duplicate permit and then finds the original, the fleet owner or lessee shall immediately surrender the original permit to the Department.

B. A fleet station permit applicant or fleet station permit holder, or its employees, shall own or lease the following equipment for testing and repair of a fleet vehicle, and maintain the equipment in good working condition:

1. If the permit is for the inspection of a vehicle required to take an idle only, or an idle plus 2500 RPM unloaded test:

a. An NDIR CO and HC emissions analyzer that complies with the requirements of R18-2-1006(F)(8) to conduct the emissions inspection;

b. Pressure test equipment for the functional gas cap test that complies with the requirements of R18-2-1006(E)(7)(a) ; and

c. An ignition-operated tachometer.

2. If the permit is for the inspection of a vehicle required to take a steady-state loaded test:

a. An NDIR CO and HC emissions analyzer that complies with the requirements of R18-2-1006(F)(8) to conduct the emissions inspection;

b. Pressure test equipment for the functional gas cap test that complies with the requirements of R18-2-1006(E)(7)(a) ;

c. A dynamometer to operate the vehicle under load; and

d. An ignition-operated tachometer.

3. If the permit is for the inspection of a vehicle required to take a transient loaded test:

a. Equipment to perform a transient loaded emissions test as required in R18-2-1006(E)(2) ;

b. Equipment to perform the evaporative system pressure test as required in R18-2-1006(E)(2)(b) ;

c. Equipment to perform the maintenance and quality control requirements of R18-2-1006(E)(2) and "IM240 and Evap Technical Guidance;" and

d. Pressure test equipment for the functional gas cap test that complies with the requirements of R18-2-1006(E)(7)(a) .

4. If the permit is for the inspection of a vehicle required to take an OBD test:

a. A scan tool used to perform the OBD test that complies with the Society of Automotive Engineers Recommended Practice J 1979, September 1997, incorporated by reference and no future editions or amendments. A copy of this referenced material is on file with the Department and the Secretary of State and may be obtained at Society of Automotive Engineers, 400 Commonwealth Dr., Warrendale, PA 15096-0001; and

b. Pressure test equipment for the functional gas cap test that complies with the requirements of R18-2-1006(E)(7)(a) .

5. If the permit is for the inspection of a vehicle required to take a diesel test:

a. Opacity meter: A meter used in area A shall comply with the requirements of R18-2-1006(H) for the applicable test procedure. A meter used in area B shall comply with the requirements of R18-2-1006(I)(6)(b) ; and

b. A dynamometer for testing any light-duty diesel vehicle in area A or for testing any diesel vehicle in area B.

C. A fleet's inspection facility shall comply with the following requirements:

1. The facility shall include space devoted principally to maintaining or repairing the fleet's motor vehicles. The space shall be large enough to conduct maintenance or repair of at least one fleet motor vehicle.

2. The facility shall be exclusively rented, leased, or owned by the permit applicant or permit holder.

D. A fleet owner or lessee shall employ the following personnel:

1. If the facility is for the repair of nondiesel-powered vehicles, at least one person to perform tune-ups of engines and replacement or repair of fuel system and ignition components.

2. If the facility is for the repair of diesel-powered vehicles, at least one person to perform tune-ups and replacement or repair of diesel fuel systems in the vehicle fleet.

3. A licensed vehicle emissions inspector who will perform the necessary inspections. This inspector may be the same person required by subsection (D)(1) or (2).

4. A fleet agent, who shall be in charge of the day-to-day operation of the fleet and who demonstrates proficiency by passing a Department-administered examination annually, with a score equal to or greater than 80%, on the statutes and rules governing the operation and administration of a fleet emissions inspection station. The fleet owner or lessee shall designate the fleet agent on a form obtained from the Department.

E. Unless inspected at a state station, a vehicle owned by or leased to a holder of a fleet emissions inspection station permit shall be inspected according to R18-2-1006(D) through (J), except as follows:

1. A dealer fleet vehicle in area A held for resale and an area B fleet vehicle, with a model year of 1981 or newer, and other than diesel-powered, shall be required to take and pass both the curb idle test specified in R18-2-1006(F)(2)(b) and a 2,500 RPM unloaded fast idle test as follows:

a. The vehicle's engine shall be operated at 2,500, [DAGGER] 300 RPM, for no more than 30 seconds with the transmission in neutral.

b. HC and CO exhaust emissions concentrations shall be recorded after readings have stabilized or at the end of 30 seconds, whichever occurs first, and compared to the loaded cruise standards in Table 2. The curb idle test standards in Table 2 shall apply for the idle test.

2. A dealer fleet vehicle in area A held for resale, and an area B vehicle, with a model year of 1980 or older and other than diesel-powered, shall be required to take and pass a curb idle test as specified in R18-2-1006(F)(1) . The curb idle test standards in Table 2 shall apply.

3. A dealer fleet vehicle in area A held for resale with a model year of 1975 or newer and other than diesel-powered, shall be required to take and pass a tampering inspection as specified in R18-2-1006(E)(7) .

4. A dealer fleet vehicle in area B held for resale with a model year of 1975 or newer and other than diesel-powered, shall be required to take and pass a tampering inspection as specified in R18-2-1006(F)(7) .

5. A consignment vehicle shall be tested at a state inspection station according to R18-2-1005(A)(3) .

F. The vehicle emissions inspector shall complete and process the forms for vehicle inspection as follows, except a government entity fleet shall issue and process each government vehicle certificate of inspection under R18-2-1017 :

1. A certificate of inspection shall be processed as follows:

a. A certificate of inspection shall be completed and signed by the vehicle emissions inspector performing the inspection at the time the vehicle passes inspection. The vehicle emissions inspector who performed the inspection may correct a certificate by drawing a single line through the mistake, writing the correct information directly above the mistake, and initialing and dating the correction. Each certificate shall be issued in numerical order;

b. For an inspection that does not include a biennial test, the expiration date shall be one year from the date the vehicle passes the mandatory vehicle emissions inspection. For a vehicle required to pass a biennial test, the expiration date shall be two years after the pass date;

c. All copies of a certificate of inspection shall be legible;

d. Unless inspection data is electronically transmitted under A.R.S. § 49-542(Q), the original completed certificate shall be presented to MVD for processing the vehicle's application for title and registration or the Arizona registration card. MVD may accept a signed certificate of inspection as evidence that the vehicle is a fleet-inspected vehicle and meets the inspection requirements of this Article;

e. The vehicle emissions inspector shall forward the second copy of each completed certificate of inspection, along with the second copy of the "Fleet Vehicle Inspection Report/Monthly Summary," to the Department monthly, not later than two weeks after the last day of the month in which the inspection is conducted;

f. The third copy of each completed certificate of inspection, along with the original "Fleet Vehicle Inspection Report/ Monthly Summary," shall be retained for two years from the date of inspection;

g. Vehicle emissions certificates shall be purchased from the Department in lots of 25. Excess certificates may be returned to the Department for refund or may be used in subsequent years;

h. The fee for a certificate of inspection shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director's estimated costs to the state of administering and enforcing the provisions of this Article as they apply to issuance of a certificate of inspection. Payment for certificates shall be included with an application for certificates. Checks shall be made payable to the Department of Environmental Quality.

i. Only the Department shall sell or otherwise transfer a certificate of inspection. This subsection does not apply to the submission of a certificate of inspection to MVD for the purpose of vehicle registration;

j. The fleet station owner shall be responsible for the security and accountability of the fleet's certificates and fleet vehicle emissions inspection records. Certificates and fleet vehicle emissions inspection records shall be maintained at the fleet station and shall be made available for review by a state inspector during normal business hours of the fleet station;

k. If any certificate is discovered lost or stolen, the fleet station owner shall notify the Department in writing within 24 hours, indicating the number of certificates lost or stolen and each serial number. The Department may revoke a fleet station permit for refusal or failure to report a lost or stolen certificate within 24 hours;

l. In the event of loss, destruction, or mutilation of an original completed certificate of inspection, a Director's certificate may be obtained from the Department by hand-delivery of the following:

i. The second or third copy of the lost, destroyed, or mutilated certificate of inspection;

ii. The original of the "Fleet Vehicle Inspection Report/Monthly Summary;"

iii. A cover letter from the fleet agent explaining the situation that caused the loss, destruction, or mutilation of the original certificate of inspection; and

iv. Payment of a fee to cover the cost of issuance of the Director's certificate. The fee for a Director's certificate shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director's estimated cost to the state of administering and enforcing the provisions of this Article as they apply to issuance of a Director's certificate. Checks shall be made payable to the Department of Environmental Quality; and

m. If an original certificate of inspection is voided by a fleet station, the original of the voided certificate shall be matched to the corresponding third copy of the certificate and retained at the fleet station for two years from the date of inspection.

2. The fleet agent or vehicle emissions inspector shall obtain the "Fleet Vehicle Inspection Report/Monthly Summary" form from the Department. The vehicle emissions inspector performing the inspection shall record the following information on the form at the time of inspection:

a. The VIN of the vehicle passing inspection;

b. The vehicle's license number, if applicable;

c. The HC content of the undiluted exhaust recorded at idle, if applicable;

d. The CO content of the undiluted exhaust recorded at idle, if applicable;

e. The HC content of the undiluted exhaust recorded at 2,500 rpm, if applicable;

f. The CO content of the undiluted exhaust recorded at 2,500 rpm, if applicable;

g. Results of a tampering check, if applicable;

h. Liquid fuel leak inspection results;

i. The vehicle model year;

j. The vehicle make;

k. The GVWR for a vehicle certified under federal truck standards;

l. The date of inspection;

m. The license number of the vehicle emissions inspector conducting the inspection;

n. The signature of the inspector making the entry;

o. The serial number of the certificate of inspection, recorded in numerical order;

p. For a vehicle required to take the transient loaded emissions test, the inspector shall record the total HC, CO, CO2 and NOx measured in grams/mile, and the evaporative system pressure test result, if applicable;

q. The registration number of the registered analyzer or opacity meter used to perform the inspection; r. For a light-duty diesel vehicle, the inspector shall record opacity rather than undiluted HC and CO;

s. For a heavy-duty diesel vehicle, instead of undiluted HC and CO:

i. The time of the inspection;

ii. The ambient temperature;

iii. The corrected barometric pressure;

iv. The relative humidity at the time of inspection;

v. The engine year and cubic inch or liter displacement; vi. The GVWR;

vii. The diameter of the exhaust stack; and viii. The corrected opacity reading. t. For a vehicle required to take an OBD test, the inspector shall record the OBD results rather than HC, CO, and NOx.

3. A certificate of waiver may be issued by a fleet vehicle emissions inspector unless the fleet owner or lessee is an auto dealer licensed to sell used motor vehicles under A.R.S. Title 28. The certificate of waiver may be issued according to the following procedure if the requirements of R18-2-1008(A), R18-2-1009, and R18-2-1010 are met:

a. A certificate of waiver shall be completed and signed by the vehicle emissions inspector performing the inspection after completion of a fleet inspection waiver report. The report shall be forwarded to the Department within three business days from the date of issuance of the certificate of waiver. A fleet inspection waiver report shall be provided by the Department with the purchase of each certificate of waiver. The report shall contain a description of the vehicle, test results, and repairs performed.

b. The expiration date of the certificate of waiver shall be two years from the date that the waiver is issued for a vehicle required to take the transient loaded emissions test, and one year for all other vehicles.

c. All information required on the certificate of waiver shall be legible.

d. The vehicle emissions inspector issuing the certificate of waiver shall initial all corrections.

e. Only the vehicle emissions inspector performing the inspection may sign or initial a certificate of waiver.

f. Unless inspection data is electronically transmitted under A.R.S. § 49-542(Q), the original completed certificate shall be presented to MVD for processing of either the vehicle's application for title and registration or the Arizona registration card. MVD may accept the signed certificate of waiver as evidence that the vehicle is a fleet inspected vehicle and meets the inspection requirements of this Article if the certificate is complete and the expiration date has not passed.

g. The second copy of each completed certificate of waiver shall accompany the completed fleet inspection waiver report.

h. The third copy of each completed certificate of waiver, along with a copy of the fleet inspection waiver report, shall be retained by the fleet station owner for two years from the date of inspection.

i. The fee for a certificate of waiver shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director's estimated cost to the state of administering and enforcing the provisions of this Article as they apply to issuance of a certificate of waiver. Payment for certificates shall be included with an application for certificates. Checks shall be made payable to the Department of Environmental Quality.

j. Only the Department shall sell or otherwise transfer a certificate of waiver. This subsection does not apply to the submission of a certificate of waiver to MVD for the purpose of vehicle registration.

k. The fleet station owner shall be responsible for the security and accountability of the fleet's certificates.

l. If a certificate is discovered lost or stolen, the fleet station owner shall notify the Department in writing within 24 hours and indicate the number of certificates lost or stolen and each serial number. The Department may revoke a fleet station permit for refusal or failure to report a lost or stolen certificate within 24 hours of discovery.

m. In the event of loss, destruction, or mutilation of an original completed certificate of waiver, a Director's certificate may be obtained from the Department by hand delivery of the following:

i. The second or third copy of the lost, destroyed, or mutilated certificate of waiver;

ii. The original of the "Fleet Vehicle Inspection Report/Monthly Summary;"

iii. A cover letter from the fleet agent explaining the situation that caused the loss, destruction, or mutilation of the original certificate of waiver; and

iv. Payment of a fee to cover the cost of issuance of the Director's certificate. The fee for a Director's certificate shall be fixed by the Director according to A.R.S. § 49-543, and shall be based upon the Director's estimated cost to the state of administering and enforcing the provisions of this Article as they apply to issuance of a Director's certificate. Checks shall be made payable to the Department of Environmental Quality.

n. In the event an original certificate of waiver is voided by a fleet station, the original of the voided certificate shall be matched to the corresponding third copy of the certificate and retained by the fleet for two years from the date of inspection.

4. Upon request, a state inspector shall be allowed access to and shall be permitted to photocopy, on or off the premises, any original "Fleet Vehicle Inspection Report/Monthly Summary," the second copy of a certificate of inspection, and any other related documents.

G. The fleet shall comply with the following general operating requirements:

1. The fleet station permit and the licenses of all inspectors employed at the station shall be prominently displayed at the fleet's inspection facility.

2. A fleet station shall only certify a vehicle owned by or leased to the holder of the fleet station permit.

3. The inspection equipment shall be operated, calibrated, and maintained as follows:

a. All test equipment and instrumentation shall be maintained in accurate working condition as required by the manufacturer. An instrument requiring periodic calibration shall be calibrated according to instructions and recommendations of the instrument or equipment manufacturer. An NDIR emissions analyzer shall be registered and calibrated according to R18-2-1027 . Calibration records for each instrument, except an NDIR emissions analyzer, shall be maintained by the fleet station. The calibration records shall be signed and dated by the technician performing each calibration.

b. The instrument calibration records shall be available for review by the Department.

c. Working gases used by the fleet station shall be subject to analysis and comparison to the Department's standard gases at any time.

d. Fleet station equipment shall be subject to both scheduled and unscheduled checks for accuracy and condition by the Department.

4. A fleet emissions inspection station that is unable to test at least 25 vehicles according to R18-2-1006 and subsection (A) shall surrender its permit.

5. A motor vehicle dealer with a fleet station permit shall comply with A.R.S. § 49-542.03 .

6. If a fleet station fails to meet any requirement of subsection (B), (C), or (D), it shall immediately cease operating as a fleet station until the requirement is met. If the fleet is cited for failure to have the necessary equipment under subsection (B), it shall not resume operation as a fleet emissions inspection station until compliance is verified by the Department.

7. A fleet station shall notify the Department in writing within seven days of the end or start of employment of any vehicle emissions inspector. The written notification shall include the name and license number of the vehicle emissions inspector, a statement declaring the employment change, and the effective date of the employment change. A fleet station that does not employ a vehicle emissions inspector shall immediately cease operating as a fleet station and notify the Department immediately by telephone and within seven days in writing. All unused vehicle certificates of inspection shall be returned to the Department for a refund within seven days after operations cease.

8. A fleet station that does not employ a fleet agent, as described in subsection (D)(4), shall immediately cease operating as a fleet station and shall notify the Department immediately by telephone and within seven days in writing. The written notification shall include the name and license number of the fleet agent, a statement declaring the employment change, and the effective date of the employment change. The fleet station may resume fleet station operation after the permit applicant or other designated employee takes and passes the examination required in subsection (D)(4), if the responsibility of the day-to-day operation of the fleet station and a fleet agent designation form has been filed with the Department.

H. A fleet's activities shall be governed by the following compliance and enforcement rules:

1. Subsections (B) through (G) apply at all times after the issuance of a fleet station permit. In addition, subsections (B), (C), and (D) apply before a permit can be issued or removed from suspension.

2. The Director may suspend or revoke a fleet station permit according to A.R.S. § 49-546(F) and A.R.S. Title 41, Chapter 6, if the permittee, or any person employed by the permittee:

a. Violates any provision of A.R.S. Title 49, Chapter 3, Article 5 or any provision of this Article;

b. Misrepresents a material fact in obtaining a permit;

c. Fails to make, keep, and submit to the Department records for a vehicle tested as a permittee; or

d. Does not provide a state inspector access to the information required by this Article.

3. If a fleet station permit is surrendered, suspended or revoked, all unused vehicle certificates of inspection shall be returned to the Department for a refund.

4. A fleet vehicle is subject to inspection by a state inspector.

5. Surrender of a permit under subsection (A)(8) or (G)(4) shall not prevent the Department from carrying out an investigative or disciplinary proceeding against the permit holder for a violation before surrender.

A. A fleet emissions testing station applicant or permittee shall create and manage an account on the Department's web portal.

B. To obtain a fleet emissions inspection station permit, an applicant shall:

1. Be a registered owner or lessee of a fleet of at least twenty-five nonexempt vehicles.

a. A motor vehicle dealer's business inventory of vehicles held for resale over the previous 12 months shall be used to determine compliance with this subsection.

b. A motor vehicle dealer with less than 12 months of operations that applies for a fleet emissions testing permit shall certify that it intends to test at least 25 vehicles per year.

2. Be located within Area A, within 50 miles of the border of Area A, or within Area B. A dealer outside these areas who certifies to the Department that customers who reside in Area A are the primary source of the dealer's business may also apply for a fleet permit.

3. Maintain a facility that has space devoted principally to maintaining or repairing the fleet's motor vehicles.

a. The space shall be large enough to conduct maintenance or repair of at least one motor vehicle.

b. Any fleet station shall be exclusively rented, leased, or owned by the applicant.

4. Own or lease the machinery, tools, and equipment required for the specific tests the applicant wishes to perform. Equipment and testing requirements are listed in R18-2-1006(C).

5. Employ the following personnel:

a. At least one (1) fleet agent licensed pursuant to R18-2-1016.

b. At least one (1) emissions inspector licensed pursuant to R18-2-1016.

c. At least one (1) person who is able to perform necessary emissions related repairs for fleet vehicles.

d. A single person may fill two or more of these roles for a fleet.

6. Provide data to the Department as required by this section.

7. Pass an initial inspection to determine compliance with this section.

8. Submit to the ongoing inspections and audits prescribed in this Article.

C. A fleet emissions inspection testing permittee shall continuously comply with all requirements of this Article.

D. The equipment used at a fleet emissions inspection station is subject to the following requirements:

1. A fleet emissions testing station applicant or permittee shall own or lease the equipment referenced in R18-2-1006 that is necessary for the specific type of testing that the permittee is licensed to perform.

2. All testing equipment and instruments shall be maintained in accurate working condition as required by the manufacturer. An instrument requiring periodic calibration shall be calibrated according to instruction and recommendations of the instrument or equipment manufacturer. Calibration records shall be submitted through the web portal for review by the Department. The calibration records shall be certified by the technician performing each calibration.

a. Fleet station analyzers shall comply with, be calibrated, and be quality control checked according to 40 CFR 51, Subpart S, Appendix A, Section I, amended as of July 1, 2017, and no future editions or amendments, which is incorporated by reference in (C)(7)(b) and on file with the Department.

b. A fleet station opacity meter used for emission inspections is required to read the equivalent opacity value of neutral density filter within +/- 5% opacity at any point in the range of meter.

Calibration gases used by the fleet station shall be subject to analysis and comparison to the Department's standard gases at any time.

4. Fleet testing equipment shall be subject to both scheduled and unscheduled audits by state inspectors.

5. A fleet's analyzer shall be calibrated at least monthly with calibration gases approved by the Department. A registered opacity meter shall be calibrated according to manufacturer's specifications before performing the first vehicle emissions inspection in any month.

E. For every test performed by a vehicle emissions inspector, that vehicle emissions inspector shall log into the Department's web portal the same day that the inspection takes place to report the results of the test to the Department.

F. A fleet's activities shall be governed by the following compliance and enforcement rules:

1. All requirements in this Article apply at all times after a fleet emissions testing license has been issued.

2. The Director may suspend or revoke a fleet emissions testing license according to A.R.S. § 49-546(F) and A.R.S. Title 41, Chapter 6, if the permittee, or any person employed by the permittee:

a. Violates any provisions of A.R.S. Title 49, Chapter 3, Article 5 or any provision of this Article;

b. Misrepresents a material fact in obtaining a permit;

c. Fails to make, keep, and submit to the Department records for a vehicle tested; or

d. Does not provide a state inspector access to the information required in this Article.

3. If a fleet emissions inspection permit is surrendered, suspended or revoked, all unused certificates of inspection shall be refunded.

4. Any fleet vehicle is subject to inspection by a state inspector.

G. A fleet emissions inspection station permit is non-transferable and does not expire.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective February 20, 1980 (Supp. 80-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1019 as amended effective February 20, 1980, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1019 renumbered as Section R18-2-1019 and amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended effective February 4, 1993 (Supp. 93-1). Amended effective November 14, 1994 (Supp. 94-4). Amended effective October 15, 1998 (Supp. 98-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 08-3). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1020 Department Issuance of Alternative Fuel Certificates

A. Licensing of Third Party Agents. The Department shall accept an application for a third party agent license to issue Alternative Fuel Certificates from any person who demonstrates all of the following:

1. The applicant has knowledge of all laws and rules governing the inspection of alternative fuel vehicles;

2. The applicant has training or experience in inspecting alternative fuel vehicles; and

3. The applicant agrees to conduct inspections in accordance with the laws and rules for the inspection of alternative fuel vehicles.

B. A third party agent license is valid for a period of five years.

C. Issuing Alternative Fuel Certificates. The Department shall inspect a vehicle converted to run on alternative fuel and issue an alternative fuel certificate according to A.R.S. § 28-2416(2)(b) if the vehicle is currently powered by an alternative fuel.

History

• New Section adopted by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1021 Reserved

Ariz. Admin. Code § R18-2-1022 Procedure for Waiving Inspections Due to Technical Difficulties

A vehicle emissions station manager employed by an official emissions inspection station may issue a Director's certificate for a vehicle that cannot be inspected as required by this Article because of technical difficulties inherent in the manufacturer's design or construction of the vehicle.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended effective January 1, 1986 (Supp. 85-6). Former Section R9-3-1022 renumbered without change as Section R18-2-1022 (Supp. 88-3). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-2-1023 Certificate of Exemption for Out-of-State Vehicles

A. If a vehicle being registered in Area A or Area B requires an emission test and will not be physically available for inspection within the state during the 90-day period before the emissions compliance expiration date, the owner or owner's agent may submit an application to the Department for a certificate of exemption.

B. The owner or owner's agent shall apply for a certificate of exemption in the manner and form required by the Department.

C. The Department may issue a certificate of exemption:

1. For a vehicle that will not be located in the state during the 90-day period before the emissions compliance expiration date and is located in an area where emissions testing is not available. This exemption shall only be granted if an affidavit confirming the location of the vehicle is signed and submitted with the application.

2. For a vehicle that has passed an official emissions inspection in another state during the 90 days before emissions compliance expiration upon submission of the inspection compliance document issued by the entity conducting the inspection program.

D. The fee for a certificate of exemption shall be fixed by the Director according to A.R.S. § 49-543 and shall be based upon the Director's estimated costs to the state of administering and enforcing the provisions of this Article as they apply to issuance of certificates of exemption. The payment for the certificates shall be included with the application for certificates.

History

• Adopted effective January 13, 1976 (Supp. 76-1). Amended effective January 3, 1977 (Supp. 77-1). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981 pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1023 as amended effective January 3, 1979 and amended as an emergency effective January 2, 1981 now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Former Section R9-3-1023 renumbered without change as Section R18-2-1023 (Supp. 88-3). Amended effective February 4, 1993 (Supp. 93-1). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1024 Expired

History

• New Section made by final rulemaking at 8 A.A.R. 84, effective December 14, 2001 (Supp. 01-4). Section expired under A.R.S. § 41-1056(E) at 15 A.A.R. 1128, effective April 30, 2008 (Supp. 09-2).

Ariz. Admin. Code § R18-2-1025 Inspection of Contractor's Equipment and Personnel

A. State inspectors shall conduct performance audits to determine whether a state station is correctly performing all inspection and functions related to inspections as follows:

1. In Area A:

a. Automated emission analyzers, calibrated and maintained according to "IM240 and Evap Technical Guidance," shall be inspected using state station field calibration gases at least once every other month.

b. Opacity meters shall be inspected for accuracy using a neutral density filter at least once each month.

c. During audits, a check shall be made for equipment tampering, worn instrumentation, blocked filters, and other conditions that would impair accurate sampling.

2. In Area B:

a. Automated emission analyzers shall be inspected using state station field calibration gases at least two times each month.

b. Opacity meters shall be inspected for accuracy using a neutral density filter at least two times each month.

c. During audits, a check shall be made for tampering, worn instrumentation, blocked filters, and other conditions that would impair accurate sampling.

d. Functional checks of dynamometer accuracy including roll speed and power absorption shall be performed at least quarterly.

1. Overt audits shall be completed at least two times each year for each inspection lane. Overt audits shall include:

a. A check for the observance of appropriate document security;

b. A check to see that required recordkeeping practices are being followed;

c. A check for licenses, certificates, and other required display information;

d. An observation and evaluation of each vehicle emissions inspector's ability to perform an inspection; and

e. A check to ensure all emissions testing equipment is calibrated and operating correctly.

2. If a vehicle emissions inspector fails an audit, the vehicle emissions inspector's license may be suspended or revoked under R18-2-1016(A)(4).

3. Vehicle emissions inspection records shall be reviewed at least monthly to assess station performance and identify any problems, potential fraud, or incompetence.

4. Covert audits may be performed as necessary to confirm compliance with this article.

B. Equipment used to perform a transient loaded emissions test, shall be audited at least twice a year for all of the following:

1. Constant volume sampler critical flow and calibration;

2. Optimization of the flame ionization detector fuel to air ratio using methane;

3. Proper dynamometer coast down, roll distance, and inertia weight;

4. Ability to detect background pollutant concentrations;

5. Evaporative pressure test system for accuracy, response time, and other criteria consistent with "IM240 and Evap Technical Guidance;" and

6. Functional gas cap analysis equipment.

C. B. If an equipment audit indicates that equipment is not calibrated and accurate, the equipment shall not be used to conduct emissions testing until it is replaced or repaired.

D. C. Equipment that is removed from testing may be returned to service upon its repair and a state inspector's verification of a passing calibration audit.

E. State inspectors shall conduct performance audits to determine whether vehicle emissions inspectors are correctly performing all inspections and functions related to inspections as follows:

1. Overt audits at least two times each year for each inspection lane:

a. Check for proper document security;

b. Check for required recordkeeping including vehicle emissions inspector licenses; and

c. Observation and written evaluation of each vehicle emissions inspector's ability to perform an inspection.

2. State station and vehicle emissions inspector records shall be reviewed at least monthly to assess station performance and identify any problems, potential fraud, or incompetence.

3. If a vehicle emissions inspector fails an audit under subsection (E)(1) or (E)(2), the vehicle emissions inspector's license may be suspended or revoked according to R18-2-1016(A)(4) .

F. D. A state inspector shall inspect on-road emissions analyzers at least monthly

gas analysis equipment.

G. If an equipment audit indicates that an on-road emissions analyzer is not operating within contractually specified tolerance, the state inspector shall immediately re-audit the failing equipment. If the equipment fails the second audit, the inspector shall immediately notify the contractor and the contractor shall repair or replace the equipment according to subsections (C) and (D).

History

• Adopted effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1025 as amended effective March 2, 1978, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (A) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1025 renumbered as Section R18-2-1025 and subsection (C) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1026 Inspection of Fleet Stations

A. Equipment used to perform emissions testing shall meet the requirements for the type of testing a fleet station is licensed to perform.

1. Emission analyzers shall be inspected using field calibration gases at least quarterly.

2. Opacity meters shall be inspected using a neutral density filter at least quarterly.

3. Equipment for transient loaded emissions tests shall be inspected according to R18-2-1025(A) and (B) .

B. A fleet station's gas analyzer shall not be used for an official emissions inspection if:

1. The calibration gases are not read within the following tolerances:

a. Within plus 0.50% CO to minus 0.25% CO in the range from 0 to 2% CO; and

b. Within plus 60 PPM HC to minus 30 PPM HC in the range from 0 to 500 PPM HC when read as N-HEXANE.

2. The calibration gases are not read within the manufacturer specified tolerances;

3. There is a leak in the sampling systems or the calibration port; or

4. The sample handling system is restricted.

C. The fleet emissions testing station shall acquire and utilize calibration gases with assigned HC and CO concentrations to calibrate fleet emission analyzers.

D. A state inspector shall fail a fleet emissions analyzer if the analyzer does not meet the requirements of this section. A fleet emission inspector shall not use the analyzer for inspection until the analyzer is cleared for return to service by a state inspector.

E. The Department shall assign HC and CO concentrations to a calibration gas submitted by a fleet station emission analyzer technician and purchased from a private source.

F. A state inspector shall tag a fleet station emission analyzer if the analyzer does not meet the requirements of this Section. The fleet vehicle emissions inspector shall not use the analyzer for inspection until the tag is removed by a state inspector or an analyzer repair person certified under R18-2-1028 . The tag shall be in the form of a U.S. postcard and contain the information listed in R18-2-1027(E) .

G. An analyzer tagged under subsection (F) shall not be returned to service until its accuracy is verified by a state inspector or an emissions analyzer repair person certified under R18-2-1028 .

H. A fleet station is responsible for periodic maintenance and calibrations of its emissions analyzers. Repair and maintenance requirements are prescribed in R18-2-1019 .

I. If a state inspector has approved its use, a fleet station may lease or borrow an emission analyzer for official inspections for up to six months while the station's approved analyzer is being repaired.

J. Fleet station analyzers used for transient loaded tests shall comply with and be quality control checked according to "IM240 and Evap Technical Guidance." All other fleet station emission analyzers used for emissions inspections are required to read the calibration gases within the following tolerances:

1. Within plus 0.50% CO to minus 0.25% CO in the range from 0 to 2% CO;

2. Within plus 1.00% CO to minus 0.50% CO in the range from 2% to 10% CO;

3. Within plus 60 PPM HC to minus 30 PPM HC in the range from 0 to 500 PPM HC when read as N-HEXANE; and

4. Within plus 200 PPM HC to minus 100 PPM HC in the range from 500 to 2,000 PPM HC when read as N-HEXANE.

K. A fleet station opacity meter used for emission inspections is required to read the equivalent opacity value of neutral density filter within [DAGGER]; 5% opacity at any point in the range of the meter.

L. E. A state inspector shall conduct performance audits to determine whether a fleet emissions inspection station is correctly performing inspections and functions related to inspections as follows:

1. Overt audits at least two times each year that include:

a. A check for the observance of appropriate document security;

b. A check to see that required recordkeeping practices are being followed;

c. A check for licenses, certificates, and other required display information;

d. An observation and evaluation of each vehicle emissions inspector's ability to perform an inspection; and

e. A check to ensure all emissions testing equipment is calibrated and operating correctly.

2. Fleet station and vehicle emissions inspector records shall be reviewed at least monthly to assess fleet performance and identify any problems, potential fraud, or incompetence.

3. If a vehicle emissions inspector fails an audit, the vehicle emissions inspector's license may be suspended or revoked according to R18-2-1016(A)(4).

4. Covert audits may be performed as necessary to confirm compliance with this article.

History

• Adopted effective January 3, 1977 (Supp. 77-1). Amended effective January 1, 1986 (Supp. 85-6). Amended subsections (A) and (J) and added subsection (K) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1026 renumbered as Section R18-2-1026 and subsections (B), (F), (G) and (H) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1027 [Repealed]

History

• Adopted effective January 3, 1977 (Supp. 77-1). Amended effective March 2, 1978 (Supp. 78-2). Amended effective January 3, 1979 (Supp. 79-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1027 as amended effective January 3, 1979, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1027 renumbered as Section R18-2-1027 and subsections (B), (D), (F) and (G) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Amended by final rulemaking at 8 A.A.R. 90, effective January 1, 2002 (Supp. 01-4). Amended by final rulemaking at 14 A.A.R. 2834, effective July 1, 2008 (Supp. 08-3). Repealed by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1028 [Repealed]

History

• Adopted effective January 1, 1986 (Supp. 85-6). Amended subsections (A) and (F) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1028 renumbered as Section R18-2-1028 and subsection (D) amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1). Repealed by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Ariz. Admin. Code § R18-2-1029 Vehicle Emission Control Devices

For the purposes of A.R.S. §§ 28-955 and 49-447, a registered motor vehicle shall have in operating condition all emission control devices installed by the vehicle manufacturer to comply with federal requirements for motor vehicle emissions or equivalent aftermarket replacement parts or devices.

History

• Adopted effective January 3, 1977 (Supp. 77-1). Former Section R9-3-1029 renumbered as Section R18-2-1029 and amended effective August 1, 1988 (Supp. 88-3). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-2-1030 Visible Emissions; Mobile Sources

A. A vehicle other than a diesel-powered vehicle or 2-stroke vehicle that emits any visible emissions for 10 consecutive seconds or more is "excessive" for the purposes of A.R.S. § 28-955(C).

B. A diesel-powered vehicle shall not emit any visible emissions in excess of:

1. Twenty percent visual opacity for 10 consecutive seconds or more at or below 2,000 feet elevation;

2. Thirty percent visual opacity for 10 consecutive seconds or more above 2,000 feet and at or below 4,000 feet elevation; and

Forty percent visual opacity for 10 consecutive seconds above 4,000 feet elevation.

C. A vehicle that exceeds the standards in subsection (B) fails the inspection under R18-2-1006 and is considered to have "excessive" emissions under A.R.S. § 28-955(C).

History

• Adopted effective January 3, 1977 (Supp. 77-1). Amended as an emergency effective January 2, 1981, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 81-1). Former Section R9-3-1030 as adopted effective January 3, 1977, and amended as an emergency effective January 2, 1981, now amended effective April 15, 1981 (Supp. 81-2). Amended effective January 1, 1986 (Supp. 85-6). Amended subsection (C) effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1030 renumbered as Section R18-2-1030 and subsection (C) amended effective August 1, 1988 (Supp. 88-3). Amended effective September 19, 1990 (Supp. 90-3). Amended by final rulemaking at 6 A.A.R. 562, effective January 14, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-2-1031 [Repealed]

History

• Adopted effective January 1, 1987, filed December 31, 1986 (Supp. 86-6). Former Section R9-3-1031 renumbered as Section R18-2-1031 and amended effective August 1, 1988 (Supp. 88-3). Amended effective November 14, 1994 (Supp. 94-4). Amended by final rulemaking at 6 A.A.R. 382, effective December 20, 1999 (Supp. 99-4). Repealed by final rulemaking at 25 A.A.R. 485, effective 6/1/2019.

Article 11 FEDERAL HAZARDOUS AIR POLLUTANTS

Ariz. Admin. Code § R18-2-1101 National Emission Standards for Hazardous Air Pollutants (NESHAPs)

A. Except as provided in R18-2-1102, the following subparts of 40 CFR 61, National Emission Standards for Hazardous Air Pollutants (NESHAPs), and all accompanying appendices, adopted as of June 30, 2017, and no future editions or amendments, are incorporated by reference as applicable requirements. These standards are on file with the Department and shall be applied by the Department. These standards can be obtained from the U.S. Government Printing Office, Superintendent of Documents, book-store.gpo.gov, Mail Stop: SSOP IDCC-SSOM, Washington, D.C. 20402-9328.

1. Subpart A - General Provisions.

2. Subpart B - Radon Emissions from Underground Uranium Mines.

Subpart C - Beryllium.

4. Subpart D

• Beryllium Rocket Motor Firing.

Subpart E - Mercury.

6. Subpart F - Vinyl Chloride.

7. Subpart H - Radionuclides Other Than Radon from Department of Energy Facilities.

8. Subpart I - Radionuclide Emissions from Federal Other Than Nuclear Regulatory Commission Licensees and Not Covered by Subpart H.

9. Subpart J - Equipment Leaks (Fugitive Emission Sources) of Benzene.

10. Subpart K - Radionuclide Emissions From Elemental Phosphorus Plants.

Subpart L - Benzene Emissions from Coke By-Product Recovery Plants.

12. Subpart M - Asbestos.

13. Subpart N - Inorganic Arsenic Emissions from Glass Manufacturing Plants.

14. Subpart O - Inorganic Arsenic Emissions from Primary Copper Smelters.

Subpart P - Inorganic Arsenic Emissions from Arsenic Trioxide and Metallic Arsenic Production.

16. Subpart Q - Radon Emissions from Department of Energy Facilities.

17. Subpart R - Radon Emissions from Phosphogypsum Stacks.

18. Subpart T

• Radon Emissions from the Disposal of Uranium Mill Tailings.

19. Subpart V - Equipment Leaks (Fugitive Emission Sources).

20. Subpart W - Radon Emissions from Operating Mill Tailings.

21. Subpart Y - Benzene Emissions From Benzene Storage Vessels.

Subpart BB - Benzene Emissions from Benzene Transfer Operations.

23. Subpart FF - Benzene Waste Operations.

B. Except as provided in R18-2-1102, the following subparts of 40 CFR 63, NESHAPs for Source Categories, and all accompanying appendices, adopted as of June 30, 2017, and no future editions or amendments, are incorporated by reference as applicable requirements. These standards are on file with the Department and shall be applied by the Department. These standards can be obtained from the U.S. Government Printing Office, Superintendent of Documents, bookstore.gpo.gov, Mail Stop: SSOP IDCC-SSOM, Washington, D.C. 20402- 9328.

1. Subpart A - General Provisions.

2. Subpart F - National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry.

3. Subpart G - National Emission Standards for Organic Hazardous Air Pollutants from the Synthetic Organic Chemical Manufacturing Industry for Process Vents, Storage Vessels, Transfer Operations, and Wastewater.

4. Subpart H - National Emission Standards for Organic Hazardous Air Pollutants for Equipment Leaks.

5. Subpart I - National Emission Standards for Organic Hazardous Air Pollutants for Certain Processes Subject to the Negotiated Regulation for Equipment Leaks.

6. Subpart J - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production.

7. Subpart L - National Emission Standards for Coke Oven Batteries.

8. Subpart M - National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities.

9. Subpart N - National Emission Standards for Chromium Emissions From Hard and Decorative Chromium Electroplating and Chromium Anodizing Tanks.

Subpart O - Ethylene Oxide Emissions Standards for Sterilization Facilities.

11. Subpart Q - National Emission Standards for Hazardous Air Pollutants for Industrial Process Cooling Towers.

12. Subpart R - National Emission Standards for Gasoline Distribution Facilities (Bulk Gasoline Terminals and Pipeline Breakout Stations).

13. Subpart S - National Emission Standards for Hazardous Air Pollutants from the Pulp and Paper Industry.

14. Subpart T - National Emission Standards for Halogenated Solvent Cleaning.

15. Subpart U - National Emission Standards for Hazardous Air Pollutant Emissions: Group I Polymers and Resins.

16. Subpart W - National Emission Standards for Hazardous Air Pollutants for Epoxy Resins Production and Non- Nylon Polyam-ides Production.

17. Subpart Y -National Emission Standards for Marine Tank Vessel Loading Operations.

18. Subpart AA - National Emission Standards for Hazardous Air Pollutants From Phosphoric Acid Manufacturing Plants.

19. Subpart BB - National Emission Standards for Hazardous Air Pollutants From Phosphate Fertilizers Production Plants.

Subpart CC - National Emission Standards for Hazardous Air Pollutants from Petroleum Refineries.

21. Subpart DD - National Emission Standards for Hazardous Air Pollutants from Off-Site Waste and Recovery Operations.

Subpart EE - National Emission Standards for Magnetic Tape Manufacturing Operations.

23. Subpart GG - National Emission Standards for Aerospace Manufacturing and Rework Facilities.

24. Subpart HH - National Emission Standards for Hazardous Air Pollutants From Oil and Natural Gas Production Facilities.

Subpart JJ - National Emission Standards for Wood Furniture Manufacturing Operations.

26. Subpart KK - National Emission Standards for the Printing and Publishing Industry.

27. Subpart LL - National Emission Standards for Hazardous Air Pollutants for Primary Aluminum Reduction Plants.

28. Subpart MM - National Emission Standards for Hazardous Air Pollutants for Chemical Recovery Combustion Sources at Kraft, Soda, Sulfite, and Stand-Alone Semichemical Pulp Mills.

29. Subpart OO - National Emission Standards for Tanks - Level 1.

30. Subpart PP

• National Emission Standards for Containers.

31. Subpart QQ - National Emission Standards for Surface Impoundments.

Subpart RR - National Emission Standards for Individual Drain Systems.

33. Subpart SS - National Emission Standards for Closed Vent Systems, Control Devices, Recovery Devices and Routing to a Fuel Gas System or a Process.

34. Subpart TT - National Emission Standards for Equipment Leaks - Control Level 1.

35. Subpart UU - National Emission Standards for Equipment Leaks - Control Level 2 Standards.

36. Subpart VV - National Emission Standards for Oil-Water Separators and Organic-Water Separators.

37. Subpart WW - National Emission Standards for Storage Vessels (Tanks) - Control Level 2.

38. Subpart XX - National Emission Standards for Ethylene Manufacturing Process Units: Heat Exchange Systems and Waste Operations.

39. Subpart YY - National Emission Standards for Hazardous Air Pollutants for Source Categories: Generic Maximum Achievable Control Technology Standards.

40. Subpart CCC - National Emission Standards for Hazardous Air Pollutants for Steel Pickling - HCl Process Facilities and Hydrochloric Acid Regeneration Plants.

41. Subpart DDD - National Emission Standards for Hazardous Air Pollutants for Mineral Wool Production.

42. Subpart EEE - National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors.

43. Subpart GGG - National Emission Standards for Pharmaceuticals Production.

Subpart HHH - National Emission Standards for Hazardous Air Pollutants From Natural Gas Transmission and Storage Facilities.

45. Subpart III - National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production.

46. Subpart JJJ - National Emission Standards for Hazardous Air Pollutant Emissions: Group IV Polymers and Resins.

47. Subpart LLL - National Emission Standards for Hazardous Air Pollutants From the Portland Cement Manufacturing Industry.

48. Subpart MMM - National Emission Standards for Hazardous Air Pollutants for Pesticide Active Ingredient Production.

49. Subpart NNN - National Emission Standards for Hazardous Air Pollutants for Wool Fiberglass Manufacturing.

50. Subpart OOO - National Emission Standards for Hazardous Air Pollutant Emissions: Manufacture of Amino/Phenolic Resins.

Subpart PPP - National Emission Standards for Hazardous Air Pollutant Emissions for Polyether Polyols Production.

52. Subpart QQQ - National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting.

53. Subpart RRR - National Emission Standards for Hazardous Air Pollutants for Secondary Aluminum Production.

54. Subpart TTT - National Emission Standards for Hazardous Air Pollutants for Primary Lead Smelting.

55. Subpart UUU - National Emission Standards for Hazardous Air Pollutants for Petroleum Refineries: Catalytic Cracking Units, Catalytic Reforming Units, and Sulfur Recovery Units.

56. Subpart VVV - National Emission Standards for Hazardous Air Pollutants: Publicly Owned Treatment Works.

57. Subpart XXX - National Emission Standards for Hazardous Air Pollutants for Ferroalloys Production: Ferromanganese and Sil-icomanganese.

58. Subpart AAAA

• National Emission Standards for Hazardous Air Pollutants: Municipal Solid Waste Landfills.

59. Subpart CCCC - National Emission Standards for Hazardous Air Pollutants: Manufacture of Nutritional Yeast.

60. Subpart DDDD

• National Emission Standards for Hazardous Air Pollutants: Plywood and Composite Wood Products.

Subpart EEEE - National Emission Standards for Hazardous Air Pollutants: Organic Liquids Distribution (Non- Gasoline).

62. Subpart FFFF - National Emission Standards for Hazardous Air Pollutants: Miscellaneous Organic Chemical Manufacturing.

63. Subpart GGGG - National Emission Standards for Hazardous\ Air Pollutants: Solvent Extraction for Vegetable Oil Production.

Subpart HHHH - National Emissions Standards for Hazardous Air Pollutants for Wet-Formed Fiberglass Mat Production.

65. Subpart IIII - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Automobiles and Light-Duty Trucks.

66. Subpart JJJJ

• National Emission Standards for Hazardous Air Pollutants: Paper and Other Web Coating.

67. Subpart KKKK - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Cans.

68. Subpart MMMM - National Emission Standards for Hazardous Air Pollutants for Surface Coating of Miscellaneous Metal Parts and Products.

69. Subpart NNNN - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances.

70. Subpart OOOO - National Emission Standards for Hazardous Air Pollutants: Printing, Coating, and Dyeing of Fabrics and Other Textiles.

71. Subpart PPPP - National Emission Standards for Hazardous Air Pollutants for Surface Coating of Plastic Parts and Products.

72. Subpart QQQQ - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Wood Building Products.

73. Subpart RRRR - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Furniture.

Subpart SSSS - National Emission Standards for Hazardous Air Pollutants: Surface Coating of Metal Coil.

Subpart TTTT - National Emission Standards for Hazardous Air Pollutants for Leather Finishing Operations.

Subpart UUUU - National Emission Standards for Hazardous Air Pollutants for Cellulose Products Manufacturing.

77. Subpart VVVV - National Emission Standards for Hazardous Air Pollutants for Boat Manufacturing.

78. Subpart WWWW - National Emissions Standards for Hazardous Air Pollutants: Reinforced Plastic Composites Production.

79. Subpart XXXX - National Emission Standards for Hazardous Air Pollutants: Rubber Tire Manufacturing.

80. Subpart YYYY - National Emission Standards for Hazardous Air Pollutants for Stationary Combustion Turbines.

81. Subpart ZZZZ - National Emission Standards for Hazardous Air Pollutants for Stationary Reciprocating Internal Combustion Engines.

82. Subpart AAAAA - National Emission Standards for Hazardous Air Pollutants for Lime Manufacturing Plants.

83. Subpart BBBBB - National Emission Standards for Hazardous Air Pollutants for Semiconductor Manufacturing.

84. Subpart CCCCC - National Emission Standards for Hazardous Air Pollutants for Coke Ovens: Pushing, Quenching, and Battery Stacks.

85. Subpart DDDDD - National Emission Standards for Hazardous Air Pollutants for Industrial, Commercial, and Institutional Boilers and Process Heaters.

86. Subpart EEEEE - National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries.

87. Subpart FFFFF - National Emission Standards for Hazardous Air Pollutants: Integrated Iron and Steel Manufacturing.

88. Subpart GGGGG - National Emission Standards for Hazardous Air Pollutants: Site Remediation.

89. Subpart HHHHH - National Emission Standards for Hazardous Air Pollutants: Miscellaneous Coating Manufacturing.

90. Subpart IIIII - National Emission Standards for Hazardous Air Pollutants: Mercury Emissions From Mercury Cell Chlor-Alkali Plants.

91. Subpart JJJJJ - National Emission Standards for Hazardous Air Pollutants for Brick and Structural Clay Products Manufacturing.

92. Subpart KKKKK - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing.

93. Subpart LLLLL - National Emission Standards for Hazardous Air Pollutants: Asphalt Processing and Asphalt Roofing Manufacturing.

94. Subpart MMMMM - National Emission Standards for Hazardous Air Pollutants: Flexible Polyurethane Foam Fabrication Operations.

95. Subpart NNNNN - National Emission Standards for Hazardous Air Pollutants: Hydrochloric Acid Production.

96. Subpart PPPPP - National Emission Standards for Hazardous Air Pollutants: Engine Test Cells/Stands.

97. Subpart QQQQQ - National Emission Standards for Hazardous Air Pollutants for Friction Materials Manufacturing Facilities.

Subpart RRRRR - National Emission Standards for Hazardous Air Pollutants: Taconite Iron Ore Processing.

Subpart SSSSS - National Emission Standards for Hazardous Air Pollutants for Refractory Products Manufacturing.

100. Subpart TTTTT - National Emissions Standards for Hazardous Air Pollutants for Primary Magnesium Refining.

101. Subpart WWWWW - National Emission Standards for Hospital Ethylene Oxide Sterilizers.

102. Subpart YYYYY - National Emission Standards for Hazardous Air Pollutants for Area Sources: Electric Arc Furnace Steelmak-ing Facilities.

Subpart ZZZZZ - National Emission Standards for Hazardous Air Pollutants for Iron and Steel Foundries Area Sources.

104. Subpart BBBBBB - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Distribution Bulk Terminals, Bulk Plants, and Pipeline Facilities.

105. Subpart CCCCCC - National Emission Standards for Hazardous Air Pollutants for Source Category: Gasoline Dispensing Facilities.

106. Subpart DDDDDD - National Emission Standards for Hazardous Air Pollutants for Polyvinyl Chloride and Copolymers Production Area Sources.

107. Subpart EEEEEE - National Emission Standards for Hazardous Air Pollutants for Primary Copper Smelting Area Sources.

108. Subpart FFFFFF - National Emission Standards for Hazardous Air Pollutants for Secondary Copper Smelting Area Sources.

109. Subpart GGGGGG - National Emission Standards for Hazardous Air Pollutants for Primary Nonferrous Metals Area Sources-Zinc, Cadmium, and Beryllium.

110. Subpart HHHHHH - National Emission Standards for Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating Operations at Area Sources.

111. Subpart JJJJJJ - National Emission Standards for Hazardous Air Pollutants for Area Sources: Industrial, Commercial, and Institutional Boilers Area Sources.

112. Subpart LLLLLL - National Emission Standards for Hazardous Air Pollutants for Acrylic and Modacrylic Fibers Production Area Sources.

Subpart MMMMMM - National Emission Standards for Hazardous Air Pollutants for Carbon Black Production Area Sources.

114. Subpart NNNNNN - National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources: Chromium Compounds.

115. Subpart OOOOOO - National Emission Standards for Hazardous Air Pollutants for Flexible Polyurethane Foam Production and Fabrication Area Sources.

116. Subpart PPPPPP - National Emission Standards for Hazardous Air Pollutants for Lead Acid Battery Manufacturing Area Sources.

117. Subpart QQQQQQ - National Emission Standards for Hazardous Air Pollutants for Wood Preserving Area Sources.

118. Subpart RRRRRR - National Emission Standards for Hazardous Air Pollutants for Clay Ceramics Manufacturing Area Sources.

Subpart SSSSSS - National Emission Standards for Hazardous Air Pollutants for Glass Manufacturing Area Sources.

120. Subpart TTTTTT - National Emission Standards for Hazardous Air Pollutants for Secondary Nonferrous Metals Processing Area Sources.

Subpart VVVVVV - National Emission Standards for Hazardous Air Pollutants for Chemical Manufacturing Area Sources.

122. Subpart WWWWWW - National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Plating and Polishing Operations.

123. Subpart XXXXXX - National Emission Standards for Hazardous Air Pollutants Area Source Standards for Nine Metal Fabrication and Finishing Source Categories.

124. Subpart YYYYYY - National Emission Standards for Hazardous Air Pollutants for Area Sources: Ferroalloys Production Facilities.

125. Subpart ZZZZZZ - National Emission Standards for Hazardous Air Pollutants: Area Source Standards for Aluminum, Copper, and other Nonferrous Foundries.

126. Subpart AAAAAAA - National Emission Standards for Hazardous Air Pollutants for Area Sources: Asphalt Processing and Asphalt Roofing Manufacturing.

Subpart BBBBBBB - National Emission Standards for Hazardous Air Pollutants for Area Sources: Chemical Preparations Industry.

128. Subpart CCCCCCC - National Emission Standards for Hazardous Air Pollutants for Area Sources: Paints and Allied Products Manufacturing.

Subpart DDDDDDD - National Emission Standards for Hazardous Air Pollutants for Area Sources: Prepared Feeds Manufacturing.

130. Subpart EEEEEEE - National Emission Standards for Hazardous Air Pollutants: Gold Mine Ore Processing and Production Area Source Category.

131. Subpart HHHHHHH - National Emission Standards for Hazardous Air Pollutant Emissions for Polyvinyl Chloride and Copoly-mers Production.

History

• Former Section R18-2-1101 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-1101 renumbered from R18-2-901 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective February 17, 1995 (Supp. 95-1). Amended effective December 7, 1995 (Supp. 95-4). Amended effective May 9, 1996 (Supp. 96-2). Amended effective April 4, 1997; filed with the Office of the Secretary of State March 14, 1997 (Supp. 97-1). Amended effective December 4, 1997 (Supp. 97-4). Amended by final rulemaking at 5 A.A.R. 3221, effective August 12, 1999 (Supp. 99-3). Amended by final rulemaking at 6 A.A.R. 4170, effective October 11, 2000 (Supp. 00-4). Amended by final rulemaking at 8 A.A.R. 2543, effective May 24, 2002 (Supp. 02-2). Amended by final rulemaking at 10 A.A.R. 3281, effective September 27, 2004 (Supp. 04-3). Amended by final rulemaking at 11 A.A.R. 5504, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4). Amended by expedited rulemaking at 21 A.A.R. 2747, effective 12/13/2015. Amended by final rulemaking at 24 A.A.R. 1564, effective 5/2/2018.

Ariz. Admin. Code § R18-2-1102 General Provisions

A. When used in 40 CFR 61 or 63, "Administrator" means the Director of the Arizona Department of Environmental Quality except that the Director shall not be authorized to approve alternate or equivalent test methods or alternate standards or work practices, except as specifically provided in Part 63, Subpart B.

B. From the general standards identified in R18-2-1101(A), delete 40 CFR 61.04. All requests, reports, applications, submittals, and other communications to the Director pursuant to this Article shall be submitted to the Arizona Department of Environmental Quality, Air Quality Division, 1110 West Washington Street, Phoenix, Arizona 85007.

C. The Director shall not be delegated authority to deal with equivalency determinations that are nontransferable through Section 112(h)(3) of the Act.

History

• Former Section R18-2-1102 repealed effective September 26, 1990 (Supp. 90-3). New Section R18-2-1102 renumbered from R18-2-902 and amended effective November 15, 1993 (Supp. 93-4). Amended effective June 10, 1994 (Supp. 94-2). Amended effective February 17, 1995 (Supp. 95-1). Amended by final rulemaking at 13 A.A.R. 4199, effective January 5, 2008 (Supp. 07-4).

Article 12 VOLUNTARY EMISSIONS BANK

Ariz. Admin. Code § R18-2-1201 Definitions

In addition to the definitions contained in Article 1 of this Chapter, and A.R.S. § 49-401.01, the following definitions apply to this Article:

"Account holder" means any person or entity who has opened an account in the emissions bank under R18-2-1206.

"Certification authority" means the Department or the county or multi-county district to which the Department has delegated authority to certify emission reduction credits under A.R.S. § 49-410(C).

1. "Certified credit" means an emission reduction credit that has been issued under R18-2-1203(C)(2), R18-2-1204(B), or R18-2-1205(E)(3).

2. "Conditional credit" means an emission reduction credit for a reduction in emissions by a plan generator that the certification authority has issued under R18-2-1205(D)(2) but the Administrator has not yet approved under R18-2-1205(E)(3).

3. "Credit generation" means the process by which a source obtains emission reduction credits for eventual listing in the registry.

4. "Credit retirement" means a person's purchase of a banked emission reduction credit for the purpose of permanent removal from the emissions bank.

5. "Credit utilization" means the use of a certified emission reduction credit.

6. "Credit withdrawal" means the removal of an emission reduction credit from the bank by the source originally depositing the emission reduction credit.

"Emissions bank" means the system created by the Department to record and make publicly available information on the issuance, certification, transfer, retirement, and use of emission reduction credits.

7. "Emission reduction credit" or "credit" means a a reduction in qualifying emissions expressed in tons per year for which the generator has submitted an application under R18-2-1203, R18-2-1204, or R18-2-1205 and which has not been withdrawn from the emissions bank under R18-2-1208(B)(5) or (C).

"Emission reduction plan" means a plan submitted under R18-2-1205 for assuring that reductions in qualifying emissions by a plan generator are permanent, quantifiable, surplus, enforceable, and real.

"Enforceable" means that specific measures for assessing compliance with an emissions limitation, control, or other requirement are established in a permit, offset-creation rule, or emission reduction plan in a manner that allows compliance to be readily determined by an inspection of records and reports.

"Form" means a paper document or online form provided through a web portal.

"Generator" means any permitted source or other activity that has made or proposes to make reductions in qualifying emissions.

"Issue," with respect to emission reduction credits, means to create and provide evidence of the creation of conditional credits or certified credits in the form or manner prescribed by the Department.

"Offset-creation rule" means a state, county, or multi-county district rule that has been approved into the state implementation plan and provides a method for allowing emission reductions from specific activities to qualify as offsets. Rule 242 of the Maricopa County Air Pollution Control Regulations is an example of an offset-creation rule.

"Offsets" means reductions in emissions required under R18-2-404 or the equivalent rule of a county or multi-county district.

"Pending credits" means emission reduction credits for which an application has been submitted under R18-2-1203, R18-2-1204, or R18-2-1205 but that have not yet been issued as conditional or certified credits.

"Permanent" means that the reduction in qualifying emissions are long-lasting and unchanging for the remaining life of the relevant activity.

"Permitted generator" means a generator that is a stationary source subject to a permit, other than a general permit, issued under A.R.S. § 49-426 or 49-480 and that seeks credits for reductions that are or will be made enforceable through permit condition.

8. "Permitting authority" means the state or county that has jurisdiction over a source under A.R.S. § 49-402 and may review, issue, revise, administer, and enforce a permit; and certify a credit under this Article.

"Plan generator" means a generator that intends to achieve or has achieved reductions in qualifying emissions in compliance with an emission reduction plan under R18-2-1205.

"Planning authority" means the organization responsible for preparing the state implementation plan for an area under A.R.S. § 49-404 or 49-406.

"Qualifying emissions" means emissions of any conventional air pollutant, other than elemental lead, or any precursor of a conventional air pollutant from any activity. Qualifying emissions does not include emissions from a fleet of motor vehicles if the fleet operates outside of a nonattainment area. A.R.S. § 49-410(H)(2).

"Quantifiable" means that the amount, rate, and characteristics of a reduction in qualifying emissions can be measured through reliable, replicable methods.

"Real" means that a reduction in qualifying emissions is a reduction in actual emissions released to the air resulting from a physical change or change in the method of operations of a generator.

9. "Registry" means the location where emission reduction credits are posted for the purpose of public notice, allowing a person to determine the availability of credits for related market transactions.

"Regulatory generator" means a generator that has achieved reductions in qualifying emissions in compliance with an offset-creation rule.

10. "Surplus" means that a reduction in qualifying emissions is not otherwise required by an applicable requirement and not relied upon in the state implementation plan.

"Ton" includes fraction of a ton as necessary to reflect the total amount of emissions reductions achieved or to be achieved by a generator.

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1202 Applicability

A. Applicability. This Article applies to the following persons and entities:

1. The owners or operators of generators.

2. The owners or operators of stationary sources that intend to use credits as offsets.

3. Other account holders.

4. Planning authorities.

B. Voluntary Participation. The certification of credits and registration of credits in the emissions bank under this article is voluntary and is not a condition to the creation or use of emission reductions as offsets.

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1203 Certification of Credits for Emission Reductions by Permitted Generators

A. The Director shall place an emission reduction credit in the emissions bank credit registry upon conditional certification, certification, pending use, and final disposition. For each credit, the Director shall place in the registry:

1. Source's contact name and information;

2. Source name and information;

3. Amount and type of pollutant;

4. Date of emission reduction and credit status.

B. The Director shall issue a certificate of deposit to the reducing source for each certified credit deposited in the bank, and issue a certificate of retirement to a person for each certified credit permanently retired.

A. Application.

1. The owner or operator of a permitted generator may apply for credits for reductions in qualifying emissions at any time after filing either:

a. An application for a permit revision seeking the imposition of conditions to make the reductions in qualifying emissions enforceable; or

b. A notice of permit termination seeking to make the shutdown of a stationary source, and the resulting reductions in qualifying emissions, enforceable.

2. An application for credits shall be filed with the certification authority on the form prescribed by the Department and shall include:

a. The emissions bank account number obtained under R18-2-1206 for the owner or operator;

b. Information on the identity, type, ownership, and location of the permitted generator;

c. A description of the actions that have resulted or will result in the reductions in qualifying emissions;

d. Information on the amount of and methodology for calculating the reductions in qualifying emissions for each pollutant subject to the application;

e. Other information necessary to verify that the reductions in qualifying emissions qualify as permanent, quantifiable, surplus, enforceable, and real;

f. The actual dates or anticipated dates of the reductions in qualifying emissions, as applicable; and

g. A signed statement by a responsible official, as defined in R18-2-301, verifying the truthfulness and accuracy of all information provided in the application.

B. Notification and Consultation.

1. If the certification authority is not the permitting authority for the generator, the certification authority shall:

a. Provide a copy of the application for credits to the permitting authority; and

b. Consult with permitting authority on whether the reductions in qualifying emissions qualify as permanent, quantifiable, enforceable, surplus, and real.

2. If the owner or operator files the application for credits before final action on the permit revision or termination of the permit and the permitting authority for the generator is not the certification authority, the permitting authority shall provide notice of final action on the permit revision or termination of the permit to the certification authority.

C. Action on Application.

1. The certification authority shall deny the application for credits if:

a. The permitting authority denies the permit revision or termination on which enforceability of the reductions in qualifying emissions is based; or

b. None of the reductions in emissions qualify as permanent, quantifiable, surplus, enforceable, and real.

2. The certification authority shall grant the application and issue one certified credit for each ton per year of reduction that qualifies as permanent, quantifiable, surplus, enforceable, and real.

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1204 Certification of Credits for Emission Reductions by Regulatory Generators

A. A source wanting to generate an emission reduction for deposit into the bank shall submit a Credit Generation Application (CGA) to the Director on a form prescribed by the Director. The CGA shall contain:

1. The company name;

2. The company mailing address;

3. The owner, co-owner, or partner;

4. The contact person name, title, and telephone number;

5. The permitted source name, location, permit number, and industry code;

6. The pollutant;

7. The attainment status of the area where the source is located;

8. The amount of actual emissions reduced;

9. The date of emission reduction to be credited;

10. The description of emission reduction credit generation activity;

11. The signature of and verification of truthfulness and accuracy by a responsible official as defined in R18-2-301(17) ;

12. The name, title, and telephone number of the responsible official.

B. Upon receipt by the Director of the CGA with a check for the administrative fee specified in R18-2-1208(A), the Director shall list each conditional credit in the registry.

A. Application.

1. The owner or operator of a regulatory generator may apply for credits for reductions in qualifying emissions at any time after complying with the applicable offset-creation rule.

2. An application for credits shall be filed with the certification authority on the form prescribed by the Department and shall include:

a. The emissions bank account number obtained under R18-2-1206 for the owner or operator;

b. A copy of a determination of compliance with the offset-creation rule by the agency administering the rule; and

c. A signed statement by a responsible official, as defined in R18-2-301, verifying the truthfulness and accuracy of all information provided in the application.

B. Action on Application. The certification authority shall grant the application and issue one certified credit for each ton per year of reduction that the agency administering the offset-creation rule has determined to be in compliance with the rule.

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1205 Certification of Credits for Emission Reductions by Plan Generators; Enforcement

A. A permitting authority may certify an emission credit if the permitting authority verifies the credit is based on:

1. A reduction in actual emissions that occurred after August 17, 1999;

2. A quantifiable reduction in actual emissions;

3. A permanent reduction in actual emissions;

4. An enforceable reduction in actual emissions; and

5. A surplus reduction in actual emissions occurring in addition to any other required emission reduction.

B. The source must notify the permitting authority when the reduction occurs.

C. In order for an emission reduction to be quantifiable under this Section:

1. The emission reduction must be quantifiable under R18-2-301(17) ; and

2. The reducing source shall submit documentation of any testing or monitoring that demonstrates an emission reduction.

D. The permitting authority shall certify one emission reduction credit for each ton per year of particulate matter, sulfur dioxide, carbon monoxide, nitrogen dioxide, or volatile organic compound actually reduced.

E. A banked credit does not expire.

F. The permitting authority shall notify the source and the Director that a credit is certified. Upon receipt of the notice, the Director shall issue a certificate for each certified credit to the applicant identified in R18-2-1204, and list the certified credit in the registry.

A. Application. The owner or operator of a plan generator may apply for credits for reductions in qualifying emissions by filing an application with the certification authority. The application shall be filed on the form prescribed by the Department and shall include:

1. The emissions bank account number obtained under R18-2-1206 for the owner or operator;

2. Information on the identity, type, ownership, and location of the plan generator;

3. An emission reduction plan satisfying subsection (B); and

4. A signed statement by a responsible official, as defined in R18-2-301, verifying the truthfulness and accuracy of all information provided in the application.

B. Emission Reduction Plan Contents. An emission reduction plan for a program to reduce qualifying emissions at a plan generator shall include the following elements:

1. A clearly defined purpose and goal;

2. A clearly defined scope that identifies affected activities and assures that the program will not interfere with any other applicable requirements;

3. The composition of any fleet of mobile sources that will participate in the program;

4. A calculation of baseline emissions;

5. A calculation of projected emissions after implementation of the program;

6. Methods for accounting for uncertainty in the projection of program results;

7. Reliable, replicable procedures for quantifying emissions or emission-related parameters, as appropriate;

8. Monitoring, recordkeeping, and reporting requirements that are consistent with the specified quantification procedures and allow for compliance certification and enforcement;

9. An implementation schedule, administrative system, and enforcement provisions adequate for ensuring enforceability of the program; and

10. Such other elements as the Department may reasonably require in order to assure that reductions in qualifying emissions are permanent, quantifiable, surplus, enforceable, and real.

C. Proposed Action and Public Process.

1. The certification authority shall publish notice of the proposed action on an application submitted under this Section in the manner prescribed by A.R.S. § 49-444 and as follows:

a. On the website for the certification authority; and

b. By mail or email to persons on a mailing list who have requested notice of applications under this Section.

2. By no later than the date public notice is published under subsection (C)(1), the certification authority shall make a copy of the following materials available at a public location in the same county as the proposed program to reduce qualifying emissions, at the closest office of the certification authority, and on the certification authority's website:

a. The application, including the emission reduction plan;

b. The proposed action;

c. The certification authority's analysis in support of the proposed action; and

d. All other materials in the certification authority's possession that are relevant to the proposed action.

3. The certification authority shall accept public comment on the proposed action for at least 30 days after the first publication of the notice under subsection (C)(1).

4. The certification authority shall hold a public hearing no sooner than 30 days after the first publication of the notice under subsection (C)(1).

5. The notice shall include the following:

a. The identity and location of the applicant;

b. A concise description of the program for reducing qualifying emissions;

c. The locations at which materials relating to the proposed action are available under subsection (C)(2);

d. The date by and manner in which written comments on the proposed action may be submitted; and

e. The location, date, and time for the hearing under subsection (C)(4).

D. Action on Application.

1. The certification authority shall deny the application for certification if none of the reductions in emissions qualifies as permanent, quantifiable, surplus, enforceable, and real.

2. The certification authority shall grant the application and issue one conditional credit for each ton per year of reductions that qualifies as permanent, quantifiable, surplus, enforceable, and real.

E. Approval by Administrator.

1. On grant of an application under subsection (D)(2) by a certification authority other than the Department, the certification authority shall transmit the conditional credits and the associated emission reduction plan to the Department for submission to the Administrator under subsection (E)(2). In addition to the credits and plan, the submission shall include all of the elements required for a revision to the state implementation plan under 40 CFR 51.

2. On issuance of conditional credits by the Department under subsection (D)(2) or receipt of conditional credits under subsection (E)(1), the Department shall submit the conditional credits and the associated emission reduction plan to the Administrator for approval as a revision to the state implementation plan.

3. On final action by the Administrator on the state implementation plan revision submitted under subsection (E)(2), the certification authority shall issue certified credits and revoke conditional credits as necessary to be consistent with the Administrator's action.

F. Enforcement. A violation of any provision of an emission reduction plan approved by the Administrator under subsection (E) is a violation of this rule by the owner or operator of the plan generator.

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 23 A.A.R. 333, effective 3/21/2017. Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1206 Opening Emissions Bank Accounts

A. A source may use a certified emission reduction credit in the same nonattainment area, maintenance area, or modeling domain in which the emission reduction occurred by submitting a Credit Utilization Application (CUA) to the Director on a form prescribed by the Director. The CUA shall contain:

1. The name and mailing address of the source that generated the credit;

2. The owner, co-owner, or partner of the source that generated the credit;

3. The contact person name, title, telephone number of the source that generated the credit;

4. The name and mailing address of the source utilizing the credit;

5. The owner, co-owner, or partner of the source utilizing the credit;

6. The contact person name, title, telephone number of the source utilizing the credit;

7. The purpose of the utilization;

8. The pollutant;

9. The amount of emission reduction credit to be utilized;

10. Each emission reduction credit certificate number;

11. The signature of and verification of truthfulness and accuracy by a responsible official as defined in R18-2-301(17) ; and

12. The name, title, and telephone number of the responsible official.

B. Upon receipt by the Director of the CUA with a check for the administrative fee specified in R18-2-1208(B), the Director shall list the pending sale in the registry.

C. The Director shall not list the final sale in the registry until:

1. The permitting authority evaluates and verifies the authenticity of the credit with the emissions bank;

2. The permitting authority determines that there will be no adverse impact on air quality; and

3. The permitting authority completes the permitting action and submits the credit certificate to the Director.

D. After the permitting authority notifies the Director that the requirements of this Section have been met, the Director shall delist the credits in the registry.

A. Any person or entity may open an account in the emissions bank by submitting the form prescribed by the Department.

B. The owner or operator of a generator must open an account in the emissions bank before submitting an application under R18-2-1203(A), R18-2-1204(A), or R18-2-1205(A).

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1207 Registration of Emission Reduction Credits in Emissions Bank

A. Notice to Department. A certification authority other than the Department shall provide notice on the form prescribed by the Department of the following events related to emissions reduction credits:

1. Receipt of an application under R18-2-1203(A), R18-2-1204(A), or R18-2-1205(A);

2. Proposal to issue conditional credits;

3. Issuance of conditional credits;

4. Denial of an application for credits;

Issuance of certified credits; and

6. Revocation or reduction of credits.

B. Registration by Department.

1. The Department shall register pending credits in the emissions bank account for the owner or operator of the generator on:

a. Receipt of an application under R18-2-1203(A), R18-2-1204(A), or R18-2-1205(A); or

b. Receipt of notice under subsection (A)(1).

The Department shall register conditional credits in the emissions bank account for the owner or operator of the generator on:

a. Approval of the application under R18-2-1205(D); or

b. Receipt of notice under subsection (A)(3).

The Department shall register certified credits in the emissions bank account for the owner or operator of the generator on:

a. Issuance of certified credits under R18-2-1203(C)(2), R18-2-1204(B), or R18-2-1205(E)(3).

b. Receipt of notice under subsection (A)(5).

4. The Department shall adjust each account in which credits are deposited as necessary to reflect:

a. The denial of an application for credits under R18-2-1203(C)(1) or R18-2-1205(D)(1);

b. The Administrator's final action on a state implementation plan under R18-2-1205(E);

c. The revocation or reduction of credits by a permitting authority or an agency responsible for administering an offset-creation rule.

C. Notice of Reductions. If reductions in qualifying emissions represented by credits have not occurred by the time pending credits are registered, the generator shall provide notice to the Department and the certifying authority on the form prescribed by the Department within five days after the reductions are achieved.

D. Registration Information. For credits registered in the emissions bank, the Department shall include the following information:

1. The name and contact information of the account holder;

2. The name, location, and description of the generator;

3. The name, contact information, and location of the owner or operator of the generator;

4. For each pollutant covered by the credits, the amount and date or expected date of the reductions;

5. The status of the credits, including whether the reductions in qualifying emissions represented by the credits have occurred and whether their use has been approved under R18-2-1208(B)(2).

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1208 Transfer, Use, and Retirement of Emission Reduction Credits

A. Transfer Procedures.

1. An account holder may transfer certified credits held in its account to any other account holder by filing the form prescribed by the Department.

2. On verification of the information in the transfer form, the Department shall adjust the emissions bank accounts of the transferor and transferee to reflect the transfer.

B. Use Procedures.

1. An account holder who intends to use credits held in its account as offsets shall file an application to use the credits on the form prescribed by the Department. The notice shall include:

a. Information on the identity, location, ownership, and emissions of the stationary source;

b. Specification of the amount of credits to be used;

c. Identification of the permitting authority with jurisdiction over the stationary source;

d. If the stationary source is seeking a permit revision, the identification number for the permit being revised.

2. On approval of the application, the Department shall:

a. Issue a certificate representing the credits that may be included in the permit or permit revision application of the stationary source;

b. Notify the permitting authority of the issuance of the certificate; and

c. Change the status of the credits to use approved.

3. The permitting authority shall provide notice to the Department of final action on the stationary source's application for a permit or permit revision.

Reductions in qualifying emissions reflected in the credits must be implemented before actual construction of the new stationary source or modification begins.

5. The Department shall register a withdrawal and use of credits used under subsection (B) on the later of:

a. Receipt of notice of approval of the application for a permit or permit revision for the stationary source; or

b. Implementation of the reductions reflected in the credits.

C. Retirement.

1. An account holder may retire credits in its account without using them as offsets by submitting the form prescribed by the Department.

2. On verification of the information contained in the form, the Department shall register a withdrawal and retirement of the credits from the account.

D. Continuation of Credits. Except to the extent otherwise required by the act, certified credits do not expire and continue in effect until withdrawn under subsection (B) or (C).

History

• New Section made by final rulemaking at 8 A.A.R. 1815, effective March 18, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1209 Exclusion of Emission Reduction Credits from Planning

Except to the extent otherwise required by the act, with regard to credits for emission reductions in an area for which a planning authority has responsibility, the planning authority shall:

1. Include the emissions for which the credits have been issued in the emissions inventory for the area as if reductions in those emissions had not yet occurred;

2. Account for the emissions for which the credits have been issued in any reasonable further progress or attainment demonstration for the area as if the reductions had not yet occurred; and

3. Refrain from relying on the reductions in any revision to the state implementation plan for the area.

History

• Adopted by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Ariz. Admin. Code § R18-2-1210 Fees

A. The owner or operator of a generator shall pay a non-refundable administrative fee of $200.00 to the Department when submitting an application for certification. This fee is in addition to the fees specified in R18-2-326.

B. An account holder using a credit under R18-2-1207(B) shall pay a non-refundable administrative fee of $200.00 to the Department when submitting the application for use. This fee is in addition to the fees specified in R18-2-326.

History

• Renumbered from R18-2-1208 by final rulemaking at 25 A.A.R. 1433, effective 7/28/2019.

Article 13 STATE IMPLEMENTATION PLAN RULES FOR SPECIFIC LOCATIONS

Ariz. Admin. Code § R18-2-1301 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1302 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1303 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1304 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1305 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1306 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1307 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). New Section made by final rulemaking at 9 A.A.R. 1295, effective April 2, 2003 (Supp. 03-2). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Article 14 CONFORMITY DETERMINATIONS

Ariz. Admin. Code § R18-2-1401 Definitions

Terms used in this Article but not defined in this Article, Article 1 of this Chapter, or A.R.S. § 49-401.01 shall have the meaning given them by the CAA, Titles 23 and 40 U.S.C., other EPA regulations, or other USDOT regulations, in that order of priority. The following definitions and the definitions contained in Article 1 of this Chapter and in A.R.S. § 49-401.01 shall apply to this Article:

1. "ADEQ" means the Arizona Department of Environmental Quality.

2. "ADOT" means the Arizona Department of Transportation.

3. "Applicable implementation plan" is defined in § 302(q) of the CAA and means the portion (or portions) of the implementation plan, or most recent revision thereof, which has been approved under § 110, or promulgated under § 110(c), or promulgated or approved pursuant to regulations promulgated under § 301(d) and which implements the relevant requirements of the CAA.

4. "CAA" means the Clean Air Act, as amended.

5. "Cause or contribute to a new violation" for a project means either of the following:

a. To cause or contribute to a new violation of a standard in the area substantially affected by the project or over a region which would otherwise not be in violation of the standard during the future period in question, if the project were not implemented.

b. To contribute to a new violation in a manner that would increase the frequency or severity of a new violation of a standard in such area.

6. "Consultation" means that one party confers with another identified party, provides access to all appropriate information to that party needed for meaningful input, and, prior to taking any action, considers the views of that party and responds in accordance with the procedures established in R18-2-1405.

7. "Control strategy implementation plan revision" is the applicable implementation plan which contains specific strategies for controlling the emissions of and reducing ambient levels of pollutants in order to satisfy CAA requirements for demonstrations of reasonable further progress and attainment (CAA §§ 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and §§ 192(a) and 192(b), for nitrogen dioxide).

8. "Control strategy period" with respect to particulate matter less than 10 microns in diameter (PM₁₀), carbon monoxide (CO), nitrogen dioxide (NO₂), or ozone precursors (volatile organic compounds (VOC) and oxides of nitrogen (NOx)), means that period of time after EPA approves control strategy implementation plan revisions containing strategies for controlling PM₁₀, NO₂, CO, or ozone, as appropriate. This period ends when the state submits and EPA approves a request under § 107(d) of the CAA for redesignation to an attainment area.

9. "Design concept" means the type of facility identified by the project, e.g., freeway, expressway, arterial highway, grade-separated highway, reserved right-of-way rail transit, mixed traffic rail transit, exclusive busway, etc.

10. "Design scope" means the design aspects of a facility which will affect the proposed facility's impact on regional emissions, usually as they relate to vehicle or person carrying capacity and control, e.g., number of lanes or tracks to be constructed or added, length of project, signalization, access control including approximate number and location of interchanges, preferential treatment for high-occupancy vehicles, etc.

11. "EPA" means the United States Environmental Protection Agency.

12. "FHWA" means the Federal Highway Administration of USDOT.

13. "FHWA or FTA project" means any highway or transit project which is proposed to receive funding assistance and approval through the Federal-Aid Highway program or the federal mass transit program, or requires Federal Highway Administration (FHWA) or Federal Transit Administration (FTA) approval for some aspect of the project, such as connection to an interstate highway or deviation from applicable design standards on the interstate system.

14. "FTA" means the Federal Transit Administration of USDOT.

15. "Forecast period" with respect to a transportation plan means the period covered by the transportation plan pursuant to 23 CFR 450 .

16. "Highway project" means an undertaking to implement or modify a highway facility or highway-related program. Such an undertaking consists of all required phases necessary for implementation. For analytical purposes, it shall be defined sufficiently to:

a. Connect logical termini and be of sufficient length to address environmental matters on a broad scope.

b. Have independent utility or significance, i.e., be usable and be a reasonable expenditure even if no additional transportation improvements in the area are made.

c. Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

17. "Horizon year" means a year for which the transportation plan describes the envisioned transportation system in accordance with R18-2-1406.

18. "Hot-spot analysis" means an estimation of likely future localized CO and PM₁₀ pollutant concentrations and a comparison of those concentrations to the national ambient air quality standards. Pollutant concentrations to be estimated should be based on the total emissions burden which may result from the implementation of a single, specific project, summed together with future background concentrations (which can be estimated using the ratio of future to current traffic multiplied by the ratio of future to current emission factors) expected in the area. The total concentration shall be estimated and analyzed at appropriate receptor locations in the area substantially affected by the project. Hot-spot analysis assesses impacts on a scale smaller than the entire nonattainment or maintenance area, including, for example, congested roadway intersections and highways or transit terminals, and uses an air quality dispersion model to determine the effects of emissions on air quality.

19. "Incomplete data area" means any ozone nonattainment area which EPA has classified, in 40 CFR 81, as an incomplete data area.

20. "Increase the frequency or severity of a violation" means to cause a location or region to exceed a standard more often or to cause a violation at a greater concentration than previously existed or would otherwise exist during the future period in question, if the project were not implemented.

21. "ISTEA" means the Intermodal Surface Transportation Efficiency Act of 1991.

22. "Local transportation agency" means a city, town, or county.

23. "Maintenance area" means any geographic region of the United States previously designated nonattainment pursuant to the CAA Amendments of 1990 and subsequently redesignated to attainment subject to the requirement to develop a maintenance plan under § 175A of the CAA.

24. "Maintenance period" with respect to a pollutant or pollutant precursor means that period of time beginning when a state submits and EPA approves a request under § 107(d) of the CAA for redesignation to an attainment area, and lasting for 20 years, unless the applicable implementation plan specifies that the maintenance period shall last for more than 20 years.

25. "Metropolitan planning organization (MPO)" means the organization designated as being responsible, together with the state, for conducting the continuing, cooperative, and comprehensive planning process under 23 U.S.C. 134 and 49 U.S.C. 1607.

26. "Milestone" means an emissions level and the date on which it is required to be achieved as described in § 182(g)(1) and § 189(c) of the CAA.

27. "Motor vehicle emissions budget" means that portion of the total allowable emissions defined in a revision to the applicable implementation plan (or in an implementation plan revision which was endorsed by the Governor or Director of ADEQ, subject to a public hearing, and submitted to EPA, but not yet approved by EPA) for a certain date for the purpose of meeting reasonable further progress milestones or attainment or maintenance demonstrations, for any criteria pollutant or its precursors, allocated by the applicable implementation plan to highway and transit vehicles. The applicable implementation plan for an ozone nonattainment area may also designate a motor vehicle emissions budget for oxides of nitrogen (NOx) for a reasonable further progress milestone year if the applicable implementation plan demonstrates that this NOx budget will be achieved with measures in the implementation plan (as an implementation plan must do for VOC milestone requirements). The applicable implementation plan for an ozone nonattainment area includes a NOx budget if NOx reductions are being substituted for reductions in volatile organic compounds in milestone years required for reasonable further progress.

28. "National ambient air quality standards (NAAQS)" means those standards established pursuant to § 109 of the CAA.

29. "NEPA" means the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.).

30. "NEPA process completion" with respect to FHWA or FTA, means the point at which there is a specific action to do any of the following:

a. Make a formal final determination that a project is categorically excluded.

b. Make a Finding of No Significant Impact.

c. Issue a record of decision on a Final Environmental Impact Statement under NEPA.

31. "Nonattainment area" means any geographic region of the United States which has been designated as nonattainment under § 107 of the CAA for any pollutant for which a national ambient air quality standard exists.

32. "Not classified area" means any carbon monoxide nonattainment area which EPA has not classified as either moderate or serious.

33. "Phase II of the interim period" with respect to a pollutant or pollutant precursor means that period of time after December 27, 1993, lasting until the earlier of the following:

1. Submission to EPA of the relevant control strategy implementation plan revisions which have been endorsed by the Governor or the Director of ADEQ and have been subject to a public hearing.

2. The date that the CAA requires relevant control strategy implementation plans to be submitted to EPA, provided EPA has made a finding of the state's failure to submit any such plans and the state, MPO, and USDOT have received notice of such finding of the state's failure to submit any such plans.

34. "Project" means a highway project or transit project.

35. "Recipient of funds designated under 23 U.S.C. or the Federal Transit Act" means any agency at any level of state, county, or city government, including any political subdivision or MPO, that routinely receives 23 U.S.C. or Federal Transit Act funds to construct FHWA or FTA projects, operate FHWA or FTA projects or equipment, purchase equipment, or undertake other services or operations via contracts or agreements. This definition does not include private landowners or developers, or contractors or entities that are only paid for services or products created by their own employees.

36. "Regional transportation agency" means a regional transit authority established pursuant to A.R.S. Title 28, Chapter 20 or Chapter 24, or a formal association of political subdivisions involved in regional transportation issues.

37. "Regionally significant transportation project" means a transportation project (other than an exempt project) that is on a facility which serves regional transportation needs (such as access to and from the area outside of the region, major activity centers in the region, major planned developments such as new retail malls, sports complexes, etc., or transportation terminals, as well as most terminals themselves) and would normally be included in the modeling of a metropolitan area's transportation network, including at a minimum all principal arterial highways and all fixed guideway transit facilities that offer an alternative to regional highway travel.

38. "Rural transport ozone nonattainment area" means an ozone nonattainment area that does not include, and is not adjacent to, any part of a Metropolitan Statistical Area or, where one exists, a Consolidated Metropolitan Statistical Area (as defined by the United States Bureau of the Census) and is classified under CAA § 182(h) as a rural transport area.

39. "Standard" means a national ambient air quality standard.

40. "Statewide transportation improvement program (STIP)" means a staged, multi-year, intermodal program of transportation projects covering the state, which is consistent with the statewide transportation plan and metropolitan transportation plans, and developed pursuant to 23 CFR 450.

41. "Statewide transportation plan" means the official intermodal statewide transportation plan that is developed through the statewide planning process for the state, developed pursuant to 23 CFR 450.

42. "Submarginal area" means any ozone nonattainment area which EPA has classified as submarginal in 40 CFR 81.

43. "Transit" is mass transportation by bus, rail, or other conveyance which provides general or special service to the public on a regular and continuing basis. It does not include school buses or charter or sightseeing services.

44. "Transit project" means an undertaking to implement or modify a transit facility or transit-related program, purchase transit vehicles or equipment, or provide financial assistance for transit operations. It does not include actions that are solely within the jurisdiction of local transit agencies, such as changes in routes, schedules, or fares. It may consist of several phases. For analytical purposes, it shall be defined inclusively enough to:

a. Connect logical termini and be of sufficient length to address environmental matters on a broad scope.

b. Have independent utility or independent significance, i.e., be a reasonable expenditure even if no additional transportation improvements in the area are made.

c. Not restrict consideration of alternatives for other reasonably foreseeable transportation improvements.

45. "Transitional area" means any ozone nonattainment area which EPA has classified as transitional in 40 CFR 81.

46. "Transitional period" with respect to a pollutant or pollutant precursor means that period of time which begins after submission to EPA of the relevant control strategy implementation plan which has been endorsed by the Governor or Director of ADEQ and has been subject to a public hearing. The transitional period lasts until EPA takes final approval or disapproval action on the control strategy implementation plan submission or finds it to be incomplete. The precise beginning and end of the transitional period is defined in R18-2-1428.

47. "Transportation control measure (TCM)" means any measure that is specifically identified and committed to in the applicable implementation plan that is either one of the types listed in § 108 of the CAA, or any other measure for the purpose of reducing emissions or concentrations of air pollutants from transportation sources by reducing vehicle use or changing traffic flow or congestion conditions. Notwithstanding the above, vehicle technology-based, fuel-based, and maintenance-based measures which control the emissions from vehicles under fixed traffic conditions are not TCMs for the purposes of this rule.

48. "Transportation improvement program (TIP)" means a staged, multi-year, intermodal program of transportation projects covering a metropolitan planning area which is consistent with the metropolitan transportation plan and developed pursuant to 23 CFR 450.

49. "Transportation plan" means the official intermodal metropolitan transportation plan that is developed through the metropolitan planning process for the metropolitan planning area, developed pursuant to 23 CFR 450 .

50. "Transportation project" means a highway project or a transit project.

51. "USDOT" means the United States Department of Transportation.

52. "VMT" means the number of vehicle miles traveled.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1402 Applicability

A. Except as provided for in subsection (F) or R18-2-1434, conformity determinations are required for all of the following:

1. The adoption, acceptance, approval, or support of transportation plans developed pursuant to 23 CFR 450 or 49 CFR 613 by an MPO or USDOT.

2. The adoption, acceptance, approval, or support of TIPs developed pursuant to 23 CFR 450 or 49 CFR 613 by an MPO or USDOT.

3. The approval, funding, or implementation of FHWA or FTA projects.

B. Conformity determinations are not required under this Article for individual projects which are not FHWA or FTA projects. However, R18-2-1429 applies to such projects if they are regionally significant.

C. The provisions of this Article shall apply in all nonattainment and maintenance areas for transportation-related criteria pollutants for which the area is designated nonattainment or has a maintenance plan.

D. The provisions of this Article apply with respect to emissions of the following criteria pollutants: ozone, carbon monoxide, nitrogen dioxide, and particles with an aerodynamic diameter less than or equal to a nominal 10 micrometers (PM₁₀).

E. The provisions of this Article apply with respect to emissions of the following precursor pollutants:

1. Volatile organic compounds and nitrogen oxides in ozone areas (unless the Administrator determines under § 182(f) of the CAA that additional reductions of NOx would not contribute to attainment).

2. Nitrogen oxides in nitrogen dioxide areas.

3. Volatile organic compounds, nitrogen oxides, and PM₁₀ in PM₁₀ areas if either of the following apply:

a. During the interim period, the EPA Regional Administrator or the Director of ADEQ has made a finding (including a finding in an applicable implementation plan or a submitted implementation plan revision) that transportation-related precursor emissions within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified ADOT or the MPO where one exists and USDOT.

b. During the transitional, control strategy, and maintenance periods, the applicable implementation plan or implementation plan submission establishes a budget for such emissions as part of the reasonable further progress, attainment, or maintenance strategy.

F. Projects subject to this Article for which the NEPA process and a conformity determination have been completed by FHWA or FTA may proceed toward implementation without further conformity determinations if one of the following major steps has occurred within the most recent three-year period: NEPA process completion; formal start of final design; acquisition of a significant portion of the right-of-way; or approval of the plans, specifications, and estimates. All phases of such projects which were considered in the conformity determination are also included, if those phases were for the purpose of funding, final design, right-of-way acquisition, construction, or any combination of these phases.

G. A new conformity determination for the project will be required if there is a significant change in project design concept and scope, if a supplemental environmental document for air quality purposes is initiated, or if no major steps to advance the project have occurred within the most recent three-year period.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1403 Priority

When assisting or approving any action with air quality-related consequences, FHWA and FTA shall give priority to the implementation of those transportation portions of an applicable implementation plan prepared to attain and maintain the NAAQS. This priority shall be consistent with statutory requirements for allocation of funds among states or other jurisdictions.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1404 Frequency of Conformity Determinations

A. Conformity determinations and conformity redeterminations for transportation plans, TIPs, and FHWA or FTA projects shall be made according to the requirements of this Section and the applicable implementation plan.

B. Each new transportation plan shall be found to conform before the transportation plan is approved by the MPO or accepted by USDOT.

C. All transportation plan revisions shall be found to conform before the transportation plan revisions are approved by the MPO or accepted by USDOT, unless the revision merely adds or deletes exempt projects listed in R18-2-1434 and has been made in accordance with the notification provisions contained in R18-2-1405 . The conformity determination shall be based on the transportation plan and the revision taken as a whole.

D. An existing conformity determination shall lapse unless conformity of existing transportation plans is redetermined:

1. By May 25, 1995, unless previously redetermined consistent with 40 CFR 51, subpart T.

2. Within 18 months after EPA approval of an implementation plan revision which either:

a. Establishes or revises a transportation-related emissions budget (as required by CAA §§ 175A(a), 182(b)(1), 182(c)(2)(A), 182(c)(2)(B), 187(a)(7), 189(a)(1)(B), and 189(b)(1)(A); and §§ 192(a) and 192(b), for nitrogen dioxide); or

b. Adds, deletes, or changes TCMs.

3. Within 18 months after EPA promulgation of an implementation plan which establishes or revises a transportation-related emissions budget or adds, deletes, or changes TCMs.

E. In any case, conformity determinations shall be made no less frequently than every three years, or the existing conformity determination will lapse.

F. A new TIP shall be found to conform before the TIP is approved by the MPO or accepted by USDOT.

G. A TIP amendment requires a new conformity determination for the entire TIP before the amendment is approved by the MPO or accepted by USDOT, unless the amendment merely adds or deletes exempt projects listed in R18-2-1434 and has been made in accordance with the notification procedures under R18-2-1405.

H. After an MPO adopts a new or revised transportation plan, TIP conformity shall be redetermined by the MPO and USDOT within six months from the date of adoption of the plan, unless the new or revised plan merely adds or deletes exempt projects listed in R18-2-1434 . Otherwise, the existing conformity determination for the TIP shall lapse.

I. In any case, TIP conformity determinations shall be made no less frequently than every three years or the existing TIP conformity determination shall lapse.

J. FHWA or FTA projects shall be found to conform before they are adopted, accepted, approved, or funded. Conformity shall be redetermined for any FHWA or FTA project if none of the following major steps has occurred within the most recent three-year period:

1. NEPA process completion,

2. Start of final design,

3. Acquisition of a significant portion of the right-of-way,

4. Approval of the plans, specifications, and estimates.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1405 Consultation

A. Consultation procedures as described in this Section shall be undertaken by all of the following entities and shall include the public and affected local and regional transportation agencies in preparing for and making conformity determinations and in developing applicable implementation plans:

1. An MPO where one exists.

2. The Arizona Department of Transportation (ADOT).

3. The United States Department of Transportation (USDOT).

4. The Arizona Department of Environmental Quality (ADEQ).

5. The county air pollution control agency established pursuant to A.R.S. Title 49 where one exists.

6. The United States Environmental Protection Agency (EPA).

B. The following elements shall be used to implement the consultation processes under subsection (M), with the exception of subsection (M)(8), and under subsection (N), with the exception of subsections (N)(2) and (N)(3), and shall include all affected agencies and interested members of the public, and may be conducted at separate times or in combination:

1. Providing to the affected agencies and interested members of the public information describing the upcoming decision process,

Distributing or providing access to draft documents,

3. Providing an opportunity for informal question and answer on the draft document or proposed decision,

4. Providing an opportunity for formal written comment,

5. Writing and distributing both a response to comments and the final document or decision.

C. An MPO where one exists, ADEQ, a county air pollution control agency where one exists, ADOT, a transit authority where one exists, and any local transportation agency shall undertake a consultation process in accordance with this Section with each other, with the local or regional offices of EPA, FHWA and FTA, with affected regional transportation agencies, and with the public on the development of the following as described in subsections (D) through (G):

1. The implementation plan, including the emission budget and list of TCMs in the applicable implementation plan;

2. The unified planning work program under 23 CFR § 450.314;

3. The transportation plan and TIP;

4. The statewide transportation plan and STIP;

5. Any revisions to the preceding documents;

6. All transportation conformity determinations.

D. ADEQ, or the MPO in a county having a population greater than 250,000 persons, shall be the lead agency responsible for preparing an implementation plan, the associated emission budgets, and the list of TCMs in the plan. The lead agency shall also be responsible for assuring the adequacy of the consultation process. The concurrence of ADEQ on each implementation plan is required before ADEQ adopts the plan and transmits it to EPA for inclusion in the state implementation plan pursuant to A.R.S. § 49-406.

E. ADOT, or the MPO where one exists, shall be the lead agency responsible for preparing the final document or decision and for assuring the adequacy of the consultation process with respect to the development of the transportation plan and the TIP. The MPO shall be the lead agency responsible for preparing the final document or decision and for assuring the adequacy of the consultation process with respect to the development of the unified planning work program under 23 CFR 450.314.

F. ADOT shall be the lead agency responsible for preparing the final document or decision and for assuring the adequacy of the consultation process with respect to the development of the statewide transportation plan and the STIP.

G. ADOT, or the MPO where one exists, shall be the lead agency responsible for preparing the final document or decision and for assuring the adequacy of the consultation process with respect to determinations of transportation conformity, except that the entity authorized to adopt or approve a project shall be the lead agency responsible for project-level conformity determinations for projects outside of the transportation plan or TIP and shall assure the adequacy of the consultation process.

H. Each lead agency described in subsections (D) through (G) shall:

1. Confer with all other agencies having an interest in the document or decision to be developed;

2. Provide access to all information needed for meaningful input;

3. Solicit early and continuing input from those agencies;

4. Conduct the public consultation process described in subsection (P);

Assure policy-level contact with agencies;

6. With the exception of notifications pursuant to subsection (M)(8), prior to taking any action required pursuant to subsections (D) through (G), consider the views of each agency and the public and respond to significant comments in a timely, substantive written manner prior to taking any final action and assure that such views and written response are made part of the record of any action.

I. FHWA and FTA shall be responsible for assuring timely action on final findings of conformity for transportation plans, TIPs, and federally funded projects, including the basis for those findings, after consulting with other agencies as provided in this Section. FHWA and FTA shall also be responsible for providing guidance on conformity and the transportation planning process to agencies in consultation. FHWA and FTA may rely on the consultation process initiated by ADOT or the MPO where one exists and shall not be required to duplicate that process.

J. EPA shall be responsible for reviewing and approving updated motor vehicle emissions factors and providing guidance on conformity criteria and procedures to agencies in consultation.

K. Each lead agency subject to a consultation process under this Section, including any federal agency, shall provide or notice the availability of each final document that is the product of the consultation process, together with all supporting information, to each other agency and members of the public that have participated in the consultation process within 15 days of adopting or approving the document or making the determination. An agency may supply a checklist of available supporting information, which other participating agencies or the public may use to request all or part of the supporting information, in lieu of generally distributing all supporting information.

L. A meeting that is scheduled or required for another purpose may be used for the purposes of consultation if the conformity consultation purpose is identified in the public notice for the meeting.

M. A consultation process involving an MPO where one exists, ADEQ, a county air pollution control agency where one exists, ADOT, a transit authority where one exists, local and regional transportation agencies, EPA, USDOT, and the public shall be undertaken for the following:

1. Evaluating and choosing each model and associated methods and assumptions to be used in hot-spot analyses and regional emissions analyses including vehicle miles traveled (VMT) forecasting. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

2. Determining whether the responsible agency identified in R18-2-1433 has demonstrated that the requirements of R18-2-1416, R18-2-1418 and R18-2-1419 are satisfied without a particular mitigation or control measure. The consultation process pursuant to this subsection shall be initiated by the responsible agency.

3. Making a determination, as required by R18-2-1429(C)(2), whether the project is included in the regional emissions analysis supporting the currently conforming TIP's conformity determination, even if the project is not included in the TIP for the purposes of MPO project selection or endorsement, and whether the project's design concept and scope have changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility. The consultation process pursuant to this subsection shall be initiated by the MPO. In nonattainment areas where no MPO exists, ADOT shall initiate the consultation process for making a determination, as required by R18-2-1429(C)(2), whether a project that is outside of a TIP is included in the regional emissions analysis, and whether the project's design concept and scope have changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility.

4. Determining pursuant to subsection (R) which minor arterials and other transportation projects should be considered "regionally significant" for the purposes of regional emissions analysis and which projects should be considered to have a significant change in design concept and scope from the transportation plan or TIP. The consultation process pursuant to this subsection shall be initiated by the MPO. In nonattainment areas where no MPO exists, ADOT shall initiate the consultation process for determining pursuant to subsection (R) which minor arterials and other transportation projects should be considered "regionally significant" for the purposes of regional emissions analysis.

5. Evaluating whether exempt projects as described in R18-2-1434 and R18-2-1435 should be treated as non-exempt in cases where potential adverse emissions impacts may exist for any reason. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

6. Making a determination, as required by R18-2-1413, whether past obstacles to implementation of TCMs which are behind the schedule established in the applicable implementation plan have been identified and are being overcome, and whether state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding for TCMs. This consultation process shall also consider whether delays in TCM implementation necessitate revisions to the applicable implementation plan to remove TCMs or to substitute TCMs or other emission reduction measures. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

7. Identifying, as required by R18-2-1431, projects located at sites in PM₁₀ nonattainment areas which have vehicle and roadway emission and dispersion characteristics which are essentially identical to those at sites which have violations verified by monitoring, and therefore require quantitative PM₁₀ hot-spot analysis. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

Notification of transportation plan or TIP revisions or amendments which merely add or delete exempt projects listed in R18-2-1434 . Notice shall be provided by the MPO and need not be provided prior to final action. Notice shall be provided by ADOT for revisions and amendments affecting the state transportation plan and the state TIP. The public involvement process described in subsection (P) is not required for the purposes of this subsection.

9. Project-level conformity determinations pursuant to R18-2-1416 . The consultation process pursuant to this subsection shall be initiated by the recipient of the funds designated under 23 U.S.C. or the Federal Transit Act.

N. A consultation process involving the MPO, ADEQ, a county air pollution control agency where one exists, ADOT, appropriate political subdivisions, regional transportation agencies, if any, and the public shall be undertaken for the following:

1. Evaluating events which will trigger new conformity determinations in addition to those triggering events established in R18-2-1404 and including any changes in planning assumptions that may trigger a new conformity determination. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

2. Consulting on emissions analysis for transportation activities which cross the borders of MPOs or nonattainment areas or air basins. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists. The public involvement process described in subsection (P) is not required for the purposes of this subsection.

3. Where the metropolitan planning area does not include the entire nonattainment or maintenance area, a consultation process involving the MPO and ADOT for cooperative planning and analysis for purposes of determining conformity of all projects outside the metropolitan area and within the nonattainment or maintenance area. The consultation process pursuant to this subsection shall be initiated by ADOT. The public involvement process described in subsection (P) is not required for the purposes of this subsection.

4. The design, schedule, and funding of research and data collection efforts and regional transportation model development. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

5. Determining that a conforming project approved with mitigation no longer requires mitigation. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

O. The following consultation processes involve recipients of funds designated under 23 U.S.C. or the Federal Transit Act:

1. A consultation process involving the MPO, ADEQ, a county air pollution control agency where one exists, ADOT, recipients of funds designated under 23 U.S.C. or the Federal Transit Act and any agency created under state law that sponsors or approves transportation projects shall be undertaken to assure that plans for construction of regionally significant projects which are not FHWA or FTA projects, including projects for which alternative locations, design concept or scope, or the no-build option are still being considered, are disclosed as soon as practicable to ADOT or the MPO where one exists, so as to assure that any significant changes to the design concept or scope of those plans are disclosed as soon as practicable. The political subdivision having authority to adopt or approve a regionally significant transportation project, and any agency that becomes aware of any such project through applications for approval, permitting, funding, or otherwise shall disclose such project to ADOT or the MPO if one exists as soon as practicable. To help assure timely disclosure, the political subdivision having authority to adopt or approve any potential regionally significant transportation project shall disclose to ADOT or the MPO on a schedule prescribed by ADOT or the MPO, whichever is appropriate, each project for which alternatives have been identified through the NEPA process and, in particular, any preferred alternative that may be a regionally significant project. The consultation process shall include assuming the location, design concept, and scope of the project, where the sponsor has not yet decided these features, in sufficient detail to allow ADOT or the MPO to perform a regional emissions analysis. The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

2. A consultation process involving the MPO, ADEQ, a county air pollution control agency where one exists, ADOT, recipients of funds designated under 23 U.S.C. or the Federal Transit Act, any agency created under state law that sponsors or approves transportation projects, and the public shall be undertaken for the development of procedures as described in R18-2-1429 . The consultation process pursuant to this subsection shall be initiated by ADOT or the MPO where one exists.

P. Public involvement processes shall be conducted according to the requirements of this subsection.

1. ADOT or the MPO, where one exists, when making conformity determinations on transportation plans, programs, and projects shall establish and continuously implement a proactive public involvement process which provides opportunity for public review and comment prior to taking formal action on a conformity determination for all transportation plans and TIPs, that meets the following minimum requirements:

a. Includes a process that provides complete information, timely public notice, full public access to key decisions and supports early and continuing involvement of the public in developing plans and TIPs.

b. Requires a minimum public comment period of 45 days before the public involvement process is initially adopted or revised.

c. Provides timely information about transportation issues and processes to citizens, affected public agencies, representatives of transportation agency employees, private providers of transportation, other interested parties and segments of the community affected by transportation plans, programs, and projects, including but not limited to central city and other local jurisdiction concerns.

d. Provides reasonable public access to technical and policy information used in the development of plans and TIPs and open public meetings where matters related to the federal-aid highway and transit programs are being considered.

e. Requires adequate public notice of public involvement activities and time for public review and comment at key decision points, including, but not limited to, approval of plans and TIPs and approval of changes in plans and TIPs. In nonattainment areas classified as serious and above, the comment period shall be at least 30 days for the plan, TIP, and major amendments. Public notice shall include mailing of notice to a list of all persons who have requested notice of actions covered by this Article.

f. Demonstrates explicit consideration and response to public input received during the planning and program development processes.

g. Seeks out and considers the needs of those traditionally underserved by existing transportation systems, including but not limited to low-income and minority households.

h. When significant written and oral comments are received on a draft transportation plan or TIP, including the financial plan, as a result of the public involvement process or the consultation process required by this Section, a summary, analysis, and report on the disposition of comments shall be made part of the final plan and TIP.

i. If the final transportation plan or TIP differs significantly from the one which was made available for public comment by the MPO and it raises new material issues which interested parties could not reasonably have foreseen from the public involvement efforts, an additional opportunity for public comment on the revised plan or TIP shall be made available.

j. ADOT or the MPO where one exists shall specifically address in writing all public comments that known plans for a regionally significant transportation project which is not receiving FHWA or FTA funding or approval have not been properly reflected in the emissions analysis supporting a proposed conformity finding for a transportation plan or TIP.

k. Public involvement processes shall be periodically reviewed by ADOT or the MPO in terms of their effectiveness in assuring that the process provides full and open access to all.

l. These procedures will be reviewed by the FHWA and the FTA during certification reviews for TMAs, and as otherwise necessary for all MPOs, to assure that full and open access is provided to MPO decisionmaking processes.

m. Metropolitan public involvement processes shall be coordinated with statewide public involvement processes wherever possible to enhance public consideration of the issues, plans, and programs and to reduce redundancies and costs.

2. Local and regional transportation agencies when making conformity determinations on regionally significant transportation projects shall establish and implement a public involvement process which meets, at a minimum, the following requirements:

a. Provides to the affected agencies and interested members of the public information describing the upcoming decision process.

b. Distributes or provides access to draft documents and all information needed for meaningful input.

c. Solicits early and continuing input from interested agencies and the public.

d. Provides an opportunity for informal question and answer on the draft document or proposed decision.

e. Provides an opportunity for formal written comment.

f. Provides for writing and distributing both a response to comments and the final document or decision. The response to comments shall consider the views of each agency and the public. The response to comments shall be made in a timely, substantive written manner prior to taking any final action and shall be made part of the record of any action.

Q. Any conflict among state agencies or between state agencies and an MPO shall be escalated to the Governor if the conflict cannot be resolved by the directors of the involved agencies. In the first instance, such entities shall make every effort to resolve any differences, including personal meetings between the directors of such entities or their policy-level representatives, to the extent possible. Within 14 calendar days after ADOT or the MPO has notified ADEQ of its decision, ADEQ may appeal a proposed determination of conformity, or other policy decision under this Article, to the Governor. ADEQ must provide notice of any appeal under this subsection to ADOT or the MPO. If ADEQ does not appeal to the Governor within 14 days, ADOT or the MPO may proceed with the final determination or decision. If ADEQ appeals to the Governor, the final conformity determination or policy decision shall have the concurrence of the Governor. The Governor may delegate to another official or agency within the state the role of hearing any appeal under this subsection and of deciding whether to concur in the determination or decision but may not delegate these functions to the director or staff of ADEQ, to any local air quality agency, to ADOT, to any state transportation commission or board, to an MPO, or to any agency that has responsibility for any of these functions.

R. The following procedures shall govern the consultation process regarding regionally significant transportation projects as defined in R18-2-1401(37):

1. By September 1, 1995, ADOT or the MPO where one exists shall develop and make available, for each nonattainment or maintenance area, consistent with A.R.S. § 49-408(A), the following:

a. A map of the highway or transit facilities in the nonattainment or maintenance area that serve regional transportation needs.

b. Guidance on which undertakings to implement or modify a highway facility are not transportation projects as defined in this Article, because they are not of sufficient length to address environmental matters on a broad scope.

c. Guidance on which types of transportation projects are normally included in the regional transportation model.

2. The map and guidance described in subsection (R)(1) shall be produced only after consultation with ADEQ, a county air pollution control agency where one exists, ADOT, a transit authority where one exists, local and regional transportation agencies, and the public. The map developed pursuant to subsection (R)(1) shall be updated prior to the commencement of the next TIP or STIP development cycle, unless no changes have occurred. The guidance developed pursuant to subsection (R)(3) shall be revised as necessary to reflect changes in the regional transportation model.

3. ADOT or the MPO where one exists shall develop and initiate the consultation process described in subsection (H) for a proposed list of transportation projects to be considered regionally significant. The consultation process shall include the MPO where one exists, ADEQ, a county air pollution control agency where one exists, ADOT, a transit authority where one exists, local and regional transportation agencies, EPA, USDOT, and the public. The list shall include information supporting the proposed classification.

4. In determining whether a facility serves regional transportation needs, ADOT or the MPO where one exists shall consider at a minimum whether the facility:

a. Would be classified as a principal arterial based on average daily traffic or other factors, if not for limitations that the USDOT places on the percentage of streets that can be so classified.

b. For all other roadways, whether the facility:

i. Serves regional mobility needs, as opposed to local access.

ii. Carries regional traffic from one principal arterial to another.

iii. Is a modification that expands a facility such that it would serve regional transportation needs.

5. For the purposes of this Article, a street with a lower classification than a collector street, as specified in the most recent federal classification map for the region, does not serve regional transportation needs.

6. None of the following attributes, by itself, shall require a transportation project to be included in the modeling of a metropolitan area's transportation network:

a. The connection of a facility that does not serve regional transportation needs to a facility that does serve regional transportation needs.

b. The addition or modification of a lane other than a through lane.

S. An agency having a role or responsibility under this Section may delegate that role or responsibility to another entity pursuant to the applicable state law but shall notify all other parties to the consultation process of this fact when the delegation occurs and shall also provide to the other parties the name, address, and telephone number of one or more contact persons representing the entity that is accepting the delegated role or responsibility.

T. The provisions of this Section apply only to TIP and STIP planning cycles beginning with the cycles next following the effective date of this Section. The provisions of 40 CFR 51, Subpart T, continue to apply to all TIP and STIP planning cycles in progress at the time of the effective date of this Section. The provisions of this Section apply to consultation on projects and TIP amendments as of the effective date of this Section.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1406 Content of Transportation Plans

A. For transportation plans adopted after January 1, 1995, in serious, severe, or extreme ozone nonattainment areas and in serious carbon monoxide nonattainment areas, the following shall apply:

1. The transportation plan shall specifically describe the transportation system envisioned for certain future years which shall be called horizon years.

2. The agency or organization developing the transportation plan, after consultation pursuant to R18-2-1405, may choose any years to be horizon years, subject to the following restrictions:

a. Horizon years may be no more than 10 years apart.

b. The first horizon year may be no more than 10 years from the base year used to validate the transportation demand planning model.

c. If the attainment year is in the time span of the transportation plan, the attainment year shall be a horizon year.

d. The last horizon year shall be the last year of the transportation plan's forecast period.

3. For these horizon years all of the following apply:

a. The transportation plan shall quantify and document the demographic and employment factors influencing expected transportation demand, including land-use forecasts, in accordance with implementation plan provisions and R18-2-1405.

b. The highway and transit system shall be described in terms of the regionally significant additions or modifications to the existing transportation network which the transportation plan envisions to be operational in the horizon years. Additions and modifications to the highway network shall be sufficiently identified to indicate intersections with existing regionally significant facilities and to determine their effect on route options between transportation analysis zones. Each added or modified highway segment shall also be sufficiently identified in terms of its design concept and design scope to allow modeling of travel times under various traffic volumes, consistent with the modeling methods for area-wide transportation analysis in use by the MPO. Transit facilities, equipment, and services envisioned for the future shall be identified in terms of design concept, design scope, and operating policies sufficiently to allow modeling of their transit ridership. The description of additions and modifications to the transportation network shall also be sufficiently specific to show that there is a reasonable relationship between expected land use and the envisioned transportation system.

c. Other future transportation policies, requirements, services, and activities, including intermodal activities, shall be described.

B. Ozone or CO nonattainment areas which are reclassified from moderate to serious shall meet the requirements of subsection (A) within two years from the date of reclassification.

C. Transportation plans for other areas shall meet the requirements of subsection (A) at least to the extent it has been the previous practice of the MPO to prepare plans which meet those requirements. Otherwise, transportation plans shall describe the transportation system envisioned for the future specifically enough to allow determination of conformity according to the criteria and procedures of R18-2-1409 through R18-2-1427.

D. The requirements of this Section supplement other requirements of applicable law or regulation governing the format or content of transportation plans.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1407 Relationship of Transportation Plan and TIP Conformity with the Nepa Process

The degree of specificity required in the transportation plan and the specific travel network assumed for air quality modeling do not preclude the consideration of alternatives in the NEPA process or other project development studies. Should the NEPA process result in a project with design concept and scope significantly different from that in the transportation plan or TIP, the project shall meet the criteria in R18-2-1409 through R18-2-1427 for projects not from a TIP before NEPA process completion.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1408 Fiscal Constraints for Transportation Plans and TIPs

Transportation plans and TIPs shall demonstrate that they are fiscally constrained consistent with USDOT's metropolitan planning regulations at 23 CFR 450 in order to be found in conformity.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1409 Criteria and Procedures for Determining Conformity of Transportation Plans, Programs, and Projects: General

A. In order to be found to conform, each transportation plan, program, and FHWA or FTA project shall satisfy the applicable criteria and procedures in R18-2-1410 through R18-2-1427 as listed in Table 1 of this Section and shall comply with all applicable conformity requirements of implementation plans and of court orders for the area which pertain specifically to conformity determination requirements. The criteria for making conformity determinations differ based on the action under review (transportation plans, TIPs, and FHWA or FTA projects), the time period in which the conformity determination is made, and the relevant pollutant.

B. The following table indicates the criteria and procedures in R18-2-1410 through R18-2-1427 which apply for each action in each time period:

Ariz. Admin. Code § R18-2-1410 Criteria and Procedures: Latest Planning Assumptions

A. During all periods the conformity determination, with respect to all other applicable criteria in R18-2-1411 through R18-2-1427, shall be based upon the most recent complete planning assumptions in force at the time of the conformity determination. The conformity determination shall satisfy the requirements of subsections (B) through (F).

B. Assumptions, including vehicle miles traveled per capita or per household, trip generation per household, vehicle occupancy, household size, vehicle fleet mix, vehicle ownership, and the geographic distribution of population growth shall be derived from the estimates of current and future population, employment, travel, and congestion most recently used by ADOT or the MPO where one exists. Population estimates shall be consistent with the estimates developed by the Arizona Department of Economic Security pursuant to A.R.S. § 41-1954(A). The conformity determination shall also be based on the latest assumptions about current and future background concentrations.

C. The conformity determination for each transportation plan and TIP shall discuss how transit operating policies (including fares and service levels) and assumed transit ridership have changed since the previous conformity determination.

D. The conformity determination shall include reasonable assumptions about transit service and increases in transit fares and road and bridge tolls over time.

E. The conformity determination shall use the latest existing information regarding the effectiveness of the TCMs which have already been implemented.

F. Key assumptions shall be specified and included in the draft documents and supporting materials used for the interagency and public consultation required by R18-2-1405.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1411 Criteria and Procedures: Latest Emissions Model

A. During all periods the conformity determination shall be based on the latest emission estimation model available. This criterion is satisfied if the most current version of the motor vehicle emissions model specified by EPA for use in the preparation or revision of implementation plans in that state or area is used for the conformity analysis. Where EMFAC is the motor vehicle emissions model used in preparing or revising the applicable implementation plan, new versions shall be approved by EPA before they are used in the conformity analysis.

B. Conformity analyses for which the emissions analysis was begun during the grace period or before the Federal Register notice of availability of the latest emission model, or during any grace period announced in such notice, may continue to use the previous version of the model for transportation plans and TIPs. The previous model may also be used for projects if the analysis was begun during the grace period or before the Federal Register notice of availability, provided no more than three years have passed since the draft environmental document was issued.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1412 Criteria and Procedures: Consultation

All conformity determinations shall be made according to the consultation procedures in R18-2-1405 . This criterion applies during all periods. Until the implementation plan revision required by 40 CFR 51.396 is approved by EPA, the conformity determination shall be made according to the procedures in R18-2-1405 . Once the implementation plan revision has been approved by EPA, this criterion is satisfied if the conformity determination is made consistent with the implementation plan's consultation requirements.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1413 Criteria and Procedures: Timely Implementation of TCMs

A. During all periods the transportation plan, TIP, or FHWA, or FTA project which is not from a conforming plan and TIP shall provide for the timely implementation of TCMs from the applicable implementation plan.

B. For transportation plans, this criterion is satisfied if the following two conditions are met:

1. The transportation plan, in describing the envisioned future transportation system, provides for the timely completion or implementation of all TCMs in the applicable implementation plan which are eligible for funding under 23 U.S.C. or the Federal Transit Act, consistent with schedules included in the applicable implementation plan.

2. Nothing in the transportation plan interferes with the implementation of any TCM in the applicable implementation plan.

C. For TIPs, this criterion is satisfied if all of the following conditions are met:

1. An examination of the specific steps and funding source needed to fully implement each TCM indicates that TCMs which are eligible for funding under 23 U.S.C. or the Federal Transit Act are on or ahead of the schedule established in the applicable implementation plan, or, if such TCMs are behind the schedule established in the applicable implementation plan, the MPO and USDOT have determined that past obstacles to implementation of the TCMs have been identified and have been or are being overcome, and that all state and local agencies with influence over approvals or funding for TCMs are giving maximum priority to approval or funding of TCMs over other projects within their control, including projects in locations outside the nonattainment or maintenance area. Maximum priority to approval or funding of TCMs includes demonstrations with respect to funding acceleration, commitment of staff or other agency resources, diligent efforts to seek approvals, and similar actions.

2. If federal funding intended for TCMs in the applicable implementation plan has previously been programmed but is reallocated to projects in the TIP other than TCMs, (or if there are no other TCMs in the TIP, to projects in the TIP other than projects which are eligible for federal funding under ISTEA's Congestion Mitigation and Air Quality Improvement Program), and the TCMs are behind the schedule in the implementation plan, the TIP cannot be found to conform.

3. Nothing in the TIP may interfere with the implementation of any TCM in the applicable implementation plan.

D. For FHWA or FTA projects which are not from a conforming transportation plan and TIP, this criterion is satisfied if the project does not interfere with the implementation of any TCM in the applicable implementation plan.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1414 Criteria and Procedures: Currently Conforming Transportation Plan and TIP

During all periods there shall be a currently conforming transportation plan and currently conforming TIP at the time of project approval. This criterion is satisfied if the current transportation plan and TIP have been found to conform to the applicable implementation plan by the MPO and USDOT according to the procedures of this subpart. Only one conforming transportation plan or TIP may exist in an area at any time; conformity determinations of a previous transportation plan or TIP expire once the current plan or TIP is found to conform by USDOT. The conformity determination on a transportation plan or TIP will also lapse if conformity is not determined according to the frequency requirements of R18-2-1404.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1415 Criteria and Procedures: Projects from a Plan and TIP

A. During all periods the project shall come from a conforming transportation plan and program. Otherwise, the project shall satisfy all criteria in Table 1 of R18-2-1409 for a project not from a conforming transportation plan and TIP. A project is considered to be from a conforming transportation plan if it meets the requirements of subsection (B) and from a conforming program if it meets the requirements of subsection (C).

B. A project is considered to be from a conforming transportation plan if one of the following conditions applies:

1. For projects which are required to be identified in the transportation plan in order to satisfy R18-2-1406, the project is specifically included in the conforming transportation plan and the project's design concept and scope have not changed significantly from those which were described in the transportation plan, or in a manner which would significantly impact use of the facility.

2. For projects which are not required to be specifically identified in the transportation plan, the project is identified in the conforming transportation plan, or is consistent with the policies and purpose of the transportation plan and will not interfere with other projects specifically included in the transportation plan.

C. A project is considered to be from a conforming program if all of the following conditions are met:

1. The project is included in the conforming TIP and the design concept and scope of the project were adequate at the time of the TIP conformity determination to determine its contribution to the TIP's regional emissions and have not changed significantly from those which were described in the TIP, or in a manner which would significantly impact use of the facility.

2. If the TIP describes a project design concept and scope which includes project-level emissions mitigation or control measures, enforceable written commitments to implement such measures shall be obtained from the project sponsor or operator as required by R18-2-1433 in order for the project to be considered from a conforming program. Any change in these mitigation or control measures that would significantly reduce their effectiveness constitutes a change in the design concept and scope of the project.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1416 Criteria and Procedures: Localized CO and PM[10] Violations (Hot Spots)

A. During all periods any FHWA or FTA project shall not cause or contribute to any new localized CO or PM₁₀ violations or increase the frequency or severity of any existing CO or PM₁₀ violations in CO and PM₁₀ nonattainment and maintenance areas. This criterion is satisfied if it is demonstrated that no new local violations will be created and the severity or number of existing violations will not be increased as a result of the project.

B. The demonstration shall be performed according to the requirements of R18-2-1405 and R18-2-1431.

C. For projects which are not of the type identified by R18-2-1431(A) or R18-2-1431(D), this criterion may be satisfied if consideration of local factors clearly demonstrates that no local violations presently exist and no new local violations will be created as a result of the project. Otherwise, in CO nonattainment and maintenance areas, a quantitative demonstration shall be performed according to the requirements of R18-2-1431(B).

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1417 Criteria and Procedures: Compliance with PM[10] Control Measures

During all periods any FHWA or FTA project shall comply with PM₁₀ control measures in the applicable implementation plan. This condition is satisfied if control measures (for the purpose of limiting PM₁₀ emissions from the construction activities or normal use and operation associated with the project) contained in the applicable implementation plan are included in the final plans, specifications, and estimates for the project.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1418 Criteria and Procedures: Motor Vehicle Emissions Budget (Transportation Plan)

A. The transportation plan shall be consistent with the motor vehicle emissions budget in the applicable implementation plan or implementation plan submission. This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in R18-2-1436 . This criterion may be satisfied if the requirements in subsections (B) and (C) are met:

B. A regional emissions analysis shall be performed as follows:

1. The regional analysis shall estimate emissions of any of the following pollutants and pollutant precursors for which the area is in nonattainment or maintenance and for which the applicable implementation plan or implementation plan submission establishes an emissions budget:

a. VOC as an ozone precursor.

b. NOx as an ozone precursor, unless the Administrator determines that additional reductions of NOx would not contribute to attainment.

c. CO.

d. PM₁₀ (and its precursors VOC or NOx if the applicable implementation plan or implementation plan submission identifies transportation-related precursor emissions within the nonattainment area as a significant contributor to the PM₁₀ nonattainment problem or establishes a budget for such emissions).

e. NOx (in NO₂ nonattainment or maintenance areas).

2. The regional emissions analysis shall estimate emissions from the entire transportation system, including all regionally significant transportation projects contained in the transportation plan and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the time-frame of the transportation plan.

3. The emissions analysis methodology shall meet the requirements of R18-2-1430.

4. For areas with a transportation plan that meets the content requirements of R18-2-1406(A), the emissions analysis shall be performed for each horizon year. Emissions in milestone years which are between the horizon years may be determined by interpolation.

5. For areas with a transportation plan that does not meet the content requirements of R18-2-1406(A), the emissions analysis shall be performed for all of the following:

a. The last year of the plan's forecast period.

b. The attainment year, if the attainment year is in the time span of the transportation plan.

c. Any other years in the time span of the transportation plan such that there is not a gap of more than 10 years between analysis years. Emissions in milestone years which are between these analysis years may be determined by interpolation.

C. The regional emissions analysis shall demonstrate that for each of the applicable pollutants or pollutant precursors in subsection (B)(1) the emissions are less than or equal to the motor vehicle emissions budget as established in the applicable implementation plan or implementation plan submission as follows:

If the applicable implementation plan or implementation plan submission establishes emissions budgets for milestone years, emissions in each milestone year are less than or equal to the motor vehicle emissions budget established for that year.

2. For nonattainment areas, emissions in the attainment year are less than or equal to the motor vehicle emissions budget established in the applicable implementation plan or implementation plan submission for that year.

3. For nonattainment areas, emissions in each analysis or horizon year after the attainment year are less than or equal to the motor vehicle emissions budget established by the applicable implementation plan or implementation plan submission for the attainment year. If emissions budgets are established for years after the attainment year, emissions in each analysis year or horizon year shall be less than or equal to the motor vehicle emissions budget for that year, if any, or the motor vehicle emissions budget for the most recent budget year prior to the analysis year or horizon year.

4. For maintenance areas, emissions in each analysis or horizon year are less than or equal to the motor vehicle emissions budget established by the maintenance plan for that year, if any, or the emissions budget for the most recent budget year prior to the analysis or horizon year.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1419 Criteria and Procedures: Motor Vehicle Emissions Budget (TIP)

A. The TIP shall be consistent with the motor vehicle emissions budgets in the applicable implementation plan or implementation plan submission. This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in R18-2-1436 . This criterion may be satisfied if the requirements in subsections (B) and (C) are met.

B. For areas with a conforming transportation plan that fully meets the content requirements of R18-2-1406(A), this criterion may be satisfied without additional regional emissions analysis if:

1. Each program year of the TIP is consistent with the federal funding which may be reasonably expected for that year, and required state or local matching funds and funds for state or local funding-only projects are consistent with the revenue sources expected over the same period; and

2. The TIP is consistent with the conforming transportation plan such that the regional emissions analysis already performed for the plan applies to the TIP also. This requires a demonstration that:

a. The TIP contains all projects which shall be started in the TIP's time-frame in order to achieve the highway and transit system envisioned by the transportation plan in each of its horizon years;

b. All TIP projects which are regionally significant are part of the specific highway or transit system envisioned in the transportation plan's horizon years; and

c. The design concept and scope of each regionally significant transportation project in the TIP is not significantly different from that described in the transportation plan.

3. If the requirements in subsections (B)(1) and (B)(2) are not met, then either:

a. The TIP may be modified to meet those requirements; or

b. The transportation plan shall be revised so that the requirements in subsections (B)(1) and (B)(2) are met. Once the revised plan has been found to conform, this criterion is met for the TIP with no additional analysis except a demonstration that the TIP meets the requirements of subsections (B)(1) and (B)(2).

C. For areas with a transportation plan that does not meet the content requirements of R18-2-1406(A), a regional emissions analysis shall meet all of the following requirements:

1. The regional emissions analysis shall estimate emissions from the entire transportation system, including all projects contained in the proposed TIP, the transportation plan, and all other regionally significant highway and transit projects expected in the nonattainment or maintenance area in the time-frame of the transportation plan.

2. The analysis methodology shall meet the requirements of R18-2-1430(C).

3. The regional emissions analysis shall satisfy the requirements of R18-2-1418(B)(1), R18-2-1418(B)(5), and R18-2-1418(C).

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1420 Criteria and Procedures: Motor Vehicle Emissions Budget (Project Not from a Plan and TIP)

A. The project which is not from a conforming transportation plan and a conforming TIP shall be consistent with the motor vehicle emissions budget in the applicable implementation plan or implementation plan submission. This criterion applies during the transitional period and the control strategy and maintenance periods, except as provided in R18-2-1436 . It is satisfied if emissions from the implementation of the project, when considered with the emissions from the projects in the conforming transportation plan and TIP and all other regionally significant transportation projects expected in the area, do not exceed the motor vehicle emissions budget in the applicable implementation plan or implementation plan submission.

B. For areas with a conforming transportation plan that meets the content requirements of R18-2-1406(A):

1. This criterion may be satisfied without additional regional analysis if the project is included in the conforming transportation plan, even if it is not specifically included in the latest conforming TIP. This requires a demonstration that all of the following apply:

a. Allocating funds to the project will not delay the implementation of projects in the transportation plan or TIP which are necessary to achieve the highway and transit system envisioned by the transportation plan in each of its horizon years.

b. The project is not regionally significant or is part of the specific highway or transit system envisioned in the transportation plan's horizon years.

c. The design concept and scope of the project is not significantly different from that described in the transportation plan.

If the requirements in subsection (B)(1) are not met, a regional emissions analysis shall be performed as follows:

a. The analysis methodology shall meet the requirements of R18-2-1430.

b. The analysis shall estimate emissions from the transportation system, including the proposed project and all other regionally significant transportation projects expected in the nonattainment or maintenance area in the time-frame of the transportation plan. The analysis shall include emissions from all previously approved projects which were not from a transportation plan and TIP.

c. The regional emissions analysis shall meet the requirements of R18-2-1418(B)(1), R18-2-1418(B)(4) and R18-2-1418(C).

C. For areas with a transportation plan that does not meet the content requirements of R18-2-1406(A), a regional emissions analysis shall be performed for the project together with the conforming TIP and all other regionally significant transportation projects expected in the nonattainment or maintenance area. This criterion may be satisfied if all of the following apply:

The analysis methodology meets the requirements of R18-2-1430(C).

2. The analysis estimates emissions from the transportation system, including the proposed project, and all other regionally significant transportation projects expected in the nonattainment or maintenance area in the time-frame of the transportation plan.

3. The regional emissions analysis satisfies the requirements of R18-2-1418(B)(1), R18-2-1418(B)(5), and R18-2-1418(C).

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1421 Criteria and Procedures: Localized CO Violations (Hot Spots) in the Interim and Transitional Periods

A. Each FHWA or FTA project shall eliminate or reduce the severity and number of localized CO violations in the area substantially affected by the project (in CO nonattainment areas). This criterion applies during the interim and transitional periods only. This criterion is satisfied with respect to existing localized CO violations if it is demonstrated that existing localized CO violations will be eliminated or reduced in severity and number as a result of the project.

B. The demonstration shall be performed according to the requirements of R18-2-1405 and R18-2-1431.

C. For projects which are not of the type identified by R18-2-1431(A), this criterion may be satisfied if consideration of local factors clearly demonstrates that existing CO violations will be eliminated or reduced in severity and number. Otherwise, a quantitative demonstration shall be performed according to the requirements of R18-2-1431(B).

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1422 Criteria and Procedures: Interim and Transitional Period Reductions in Ozone and CO Areas (Transportation Plan)

A. A transportation plan shall contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in R18-2-1436 . It applies to the net effect on emissions of all projects contained in a new or revised transportation plan. This criterion may be satisfied if a regional emissions analysis is performed as described in subsections (B) through (F).

B. Determine the analysis years for which emissions are to be estimated. Analysis years shall be no more than 10 years apart. The first analysis year shall be no later than the first milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). The second analysis year shall be either the attainment year for the area or, if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.

C. Define the Baseline scenario for each of the analysis years to be the future transportation system that would result from current programs, composed of all of the following, except that projects listed in R18-2-1434 and R18-2-1435 need not be explicitly considered:

1. All in-place regionally significant highway and transit facilities, services and activities.

2. All ongoing travel demand management or transportation system management activities.

3. Completion of all regionally significant transportation projects, regardless of funding source, which are currently under construction or are undergoing right-of-way acquisition (except for hardship acquisition and protective buying); come from the first three years of the previously conforming transportation plan or TIP; or have completed the NEPA process. For the first conformity determination on the transportation plan after November 24, 1993, a project may not be included in the Baseline scenario and shall be included in the Action scenario as described in subsection (D), if one of the following major steps has not occurred within the most recent three-year period:

a. NEPA process completion;

b. Start of final design;

c. Acquisition of a significant portion of the right-of-way;

d. Approval of the plans, specifications and estimates.

D. Define the Action scenario for each of the analysis years as the transportation system that will result in that year from the implementation of the proposed transportation plan, TIPs adopted under it, and other expected regionally significant transportation projects in the nonattainment area. The Action scenario will include all of the following except that projects listed in R18-2-1434 and R18-2-1435 need not be explicitly considered:

1. All facilities, services, and activities in the Baseline scenario;

2. Completion of all TCMs and regionally significant transportation projects, including facilities, services, and activities, specifically identified in the proposed transportation plan which will be operational or in effect in the analysis year, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TCM is identified in the applicable implementation plan;

All travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any federal funding or approval, which have been fully adopted or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination on the transportation plan;

4. The incremental effects of any travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any federal funding or approval, which were adopted or funded prior to the date of the last conformity determination on the transportation plan, but which have been modified since then to be more stringent or effective;

5. Completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP;

6. Completion of all expected regionally significant non-FHWA/FTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year.

E. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the Baseline and Action scenarios and determine the difference in regional VOC and NOx emissions (unless the Administrator determines that additional reductions of NOx would not contribute to attainment) between the two scenarios for ozone nonattainment areas and the difference in CO emissions between the two scenarios for CO nonattainment areas. The analysis shall be performed for each of the analysis years according to the requirements of R18-2-1430 . Emissions in milestone years which are between the analysis years may be determined by interpolation.

F. This criterion is met if the regional VOC and NOx emissions (for ozone nonattainment areas) and CO emissions (for CO nonattainment areas) predicted in the Action scenario are less than the emissions predicted from the Baseline scenario in each analysis year, and if this can reasonably be expected to be true in the periods between the first milestone year and the analysis years. The regional analysis shall show that the Action scenario contributes to a reduction in emissions from the 1990 emissions by any nonzero amount.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1423 Criteria and Procedures: Interim Period Reductions in Ozone and CO Areas (TIP)

A. A TIP shall contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in R18-2-1436 . It applies to the net effect on emissions of all projects contained in a new or revised TIP. This criterion may be satisfied if a regional emissions analysis is performed as described in subsections (B) through (F).

B. Determine the analysis years for which emissions are to be estimated. The first analysis year shall be no later than the first milestone year (1995 in CO nonattainment areas and 1996 in ozone nonattainment areas). The analysis years shall be no more than 10 years apart. The second analysis year shall be either the attainment year for the area or, if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.

C. Define the Baseline scenario as the future transportation system that would result from current programs, composed of all of the following, except that projects listed in R18-2-1434 and R18-2-1435 need not be explicitly considered:

1. All in-place regionally significant highway and transit facilities, services, and activities.

2. All ongoing travel demand management or transportation system management activities.

3. Completion of all regionally significant transportation projects, regardless of funding source, which are currently under construction or are undergoing right-of-way acquisition, except for hardship acquisition and protective buying; come from the first three years of the previously conforming TIP; or have completed the NEPA process. For the first conformity determination on the TIP after November 24, 1993, a project may not be included in the Baseline scenario if one of the following major steps has not occurred within the most recent three-year period:

a. NEPA process completion.

b. Start of final design.

c. Acquisition of a significant portion of the right-of-way.

d. Approval of the plans, specifications, and estimates. Such a project shall be included in the Action scenario, as described in subsection (D).

D. Define the Action scenario as the future transportation system that will result from the implementation of the proposed TIP and other expected regionally significant transportation projects in the nonattainment area in the time-frame of the transportation plan. It will include all of the following, except that projects listed in R18-2-1434 and R18-2-1435 need not be explicitly considered:

1. All facilities, services, and activities in the Baseline scenario;

2. Completion of all TCMs and regionally significant transportation projects, including facilities, services, and activities, included in the proposed TIP, except that regulatory TCMs may not be assumed to begin at a future time unless the regulation is already adopted by the enforcing jurisdiction or the TCM is contained in the applicable implementation plan;

3. All travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any federal funding or approval, which have been fully adopted or funded by the enforcing jurisdiction or sponsoring agency since the last conformity determination on the TIP;

4. The incremental effects of any travel demand management programs and transportation system management activities known to the MPO, but not included in the applicable implementation plan or utilizing any federal funding or approval, which were adopted or funded prior to the date of the last conformity determination on the TIP, but which have been modified since then to be more stringent or effective;

5. Completion of all expected regionally significant highway and transit projects which are not from a conforming transportation plan and TIP;

Completion of all expected regionally significant non-FHWA/FTA highway and transit projects that have clear funding sources and commitments leading toward their implementation and completion by the analysis year.

E. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the Baseline and Action scenarios, and determine the difference in regional VOC and NOx emissions (unless the Administrator determines that additional reductions of NOx would not contribute to attainment) between the two scenarios for ozone nonattainment areas and the difference in CO emissions between the two scenarios for CO nonattainment areas. The analysis shall be performed for each of the analysis years according to the requirements of R18-2-1430 . Emissions in milestone years which are between analysis years may be determined by interpolation.

F. This criterion is met if the regional VOC and NOx emissions in ozone nonattainment areas and CO emissions in CO nonattainment areas predicted in the Action scenario are less than the emissions predicted from the Baseline scenario in each analysis year, and if this can reasonably be expected to be true in the period between the analysis years. The regional analysis shall show that the Action scenario contributes to a reduction in emissions from the 1990 emissions by any nonzero amount.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1424 Criteria and Procedures: Interim Period Reductions for Ozone and CO Areas (Project Not from a Plan and TIP)

A transportation project shall contribute to emissions reductions in ozone and CO nonattainment areas. This criterion applies during the interim and transitional periods only, except as otherwise provided in R18-2-1436 . This criterion is satisfied if a regional emissions analysis is performed which meets the requirements of R18-2-1422 and which includes the transportation plan and project in the Action scenario. If the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the plan or TIP, the Baseline scenario shall include the project with its original design concept and scope, and the Action scenario shall include the project with its new design concept and scope.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1425 Criteria and Procedures: Interim Period Reductions for PM[10] and NO[2] Areas (Transportation Plan)

A. A transportation plan shall contribute to emission reductions or shall not increase emissions in PM₁₀ and NO₂ nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects contained in a new or revised transportation plan. This criterion may be satisfied if the requirements of either subsections (B) or (C) are met.

B. Demonstrate that implementation of the plan and all other regionally significant transportation projects expected in the nonattainment area will contribute to reductions in emissions of PM₁₀ in a PM₁₀ nonattainment area, and of each transportation-related precursor of PM₁₀ in PM₁₀ nonattainment areas if the EPA Regional Administrator or the Director of ADEQ has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified the MPO and USDOT, and of NOx in an NO₂ nonattainment area, by performing a regional emissions analysis as follows:

1. Determine the analysis years for which emissions are to be estimated. Analysis years shall be no more than 10 years apart. The first analysis year shall be no later than 1996 (for NO₂ areas) or four years and six months following the date of designation (for PM₁₀ areas). The second analysis year shall be either the attainment year for the area or, if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.

2. Define for each of the analysis years the Baseline scenario, as defined in R18-2-1422(C), and the Action scenario, as defined in R18-2-1422(D).

3. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the Baseline and Action scenarios and determine the difference between the two scenarios in regional PM₁₀ emissions in a PM₁₀ nonattainment area (and transportation-related precursors of PM₁₀ in PM₁₀ nonattainment areas if the EPA Regional Administrator or the Director of ADEQ has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified ADOT, the MPO where one exists and USDOT) and in NOx emissions in an NO₂ nonattainment area. The analysis shall be performed for each of the analysis years according to the requirements of R18-2-1430 . The analysis shall address the periods between the analysis years and the periods between 1990, the first milestone year if any, and the first of the analysis years. Emissions in milestone years which are between the analysis years may be determined by interpolation.

4. Demonstrate that the regional PM₁₀ emissions and PM₁₀ precursor emissions, where applicable, (for PM₁₀ nonattainment areas) and NOx emissions (for NO₂ nonattainment areas) predicted in the Action scenario are less than the emissions predicted from the Baseline scenario in each analysis year, and that this can reasonably be expected to be true in the periods between the first milestone year (if any) and the analysis years.

C. Demonstrate that when the projects in the transportation plan and all other regionally significant transportation projects expected in the nonattainment area are implemented, the transportation system's total highway and transit emissions of PM₁₀ in a PM₁₀ nonattainment area (and transportation-related precursors of PM₁₀ in PM₁₀ nonattainment areas if the EPA Regional Administrator or the Director of ADEQ has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified the MPO and USDOT) and of NOx in an NO₂ nonattainment area will not be greater than baseline levels, by performing a regional emissions analysis as follows:

1. Determine the baseline regional emissions of PM₁₀ and PM₁₀ precursors, where applicable (for PM₁₀ nonattainment areas) and NOx (for NO₂ nonattainment areas) from highway and transit sources. Baseline emissions are those estimated to have occurred during calendar year 1990, unless the control strategy implementation plan for that area includes a baseline emissions inventory for a different year.

2. Estimate the emissions of the applicable pollutant or pollutants from the entire transportation system, including projects in the transportation plan and TIP and all other regionally significant transportation projects in the nonattainment area, according to the requirements of R18-2-1430 . Emissions shall be estimated for analysis years which are no more than 10 years apart. The first analysis year shall be no later than 1996 (for NO₂ areas) or four years and six months following the date of designation (for PM₁₀ areas). The second analysis year shall be either the attainment year for the area or, if the attainment year is the same as the first analysis year or earlier, the second analysis year shall be at least five years beyond the first analysis year. The last year of the transportation plan's forecast period shall also be an analysis year.

3. Demonstrate that for each analysis year the emissions estimated in subsection (C)(2) are no greater than baseline emissions of PM₁₀ and PM₁₀ precursors, where applicable (for PM₁₀ nonattainment areas) or NOx (for NO₂ nonattainment areas) from highway and transit sources.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1426 Criteria and Procedures: Interim Period Reductions for PM[10] and NO[2] Areas (TIP)

A. A TIP shall contribute to emission reductions or shall not increase emissions in PM₁₀ and NO₂ nonattainment areas. This criterion applies only during the interim and transitional periods. It applies to the net effect on emissions of all projects contained in a new or revised TIP. This criterion may be satisfied if the requirements of either subsection (B) or subsection (C) are met.

B. Demonstrate that implementation of the plan and TIP and all other regionally significant transportation projects expected in the nonattainment area will contribute to reductions in emissions of PM₁₀ in a PM₁₀ nonattainment area (and transportation-related precursors of PM₁₀ in PM₁₀ nonattainment areas if the EPA Regional Administrator or the Director of ADEQ has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified the MPO and USDOT) and of NOx in an NO₂ nonattainment area, by performing a regional emissions analysis as follows:

1. Determine the analysis years for which emissions are to be estimated, according to the requirements of R18-2-1425(B)(1).

2. Define for each of the analysis years the Baseline scenario, as defined in R18-2-1423(C), and the Action scenario, as defined in R18-2-1423(D).

3. Estimate the emissions predicted to result in each analysis year from travel on the transportation systems defined by the Baseline and Action scenarios as required by R18-2-1425(B)(3), and make the demonstration required by R18-2-1425(B)(4).

C. Demonstrate that when the projects in the transportation plan and TIP and all other regionally significant transportation projects expected in the area are implemented, the transportation system's total highway and transit emissions of PM₁₀ in a PM₁₀ nonattainment area (and transportation-related precursors of PM₁₀ in PM₁₀ nonattainment areas if the EPA Regional Administrator or the Director of ADEQ has made a finding that such precursor emissions from within the nonattainment area are a significant contributor to the PM₁₀ nonattainment problem and has so notified the MPO and USDOT) and of NOx in an NO₂ nonattainment area will not be greater than baseline levels, by performing a regional emissions analysis as required by R18-2-1425(C).

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1427 Criteria and Procedures: Interim Period Reductions for PM[10] and NO[2] Areas (Project Not from a Plan and TIP)

A transportation project which is not from a conforming transportation plan and TIP shall contribute to emission reductions or shall not increase emissions in PM₁₀ and NO₂ nonattainment areas. This criterion applies during the interim and transitional periods only. This criterion is met if a regional emissions analysis is performed which meets the requirements of R18-2-1425 and which includes the transportation plan and project in the Action scenario. If the project which is not from a conforming transportation plan and TIP is a modification of a project currently in the transportation plan or TIP, and R18-2-1425(B) is used to demonstrate satisfaction of this criterion, the Baseline scenario shall include the project with its original design concept and scope, and the Action scenario shall include the project with its new design concept and scope.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1428 Transition from the Interim Period to the Control Strategy Period

A. For areas which submit a control strategy implementation plan revision after November 24, 1993:

1. The transportation plan and TIP shall be demonstrated to conform according to transitional period criteria and procedures by one year from the date the CAA requires submission of such control strategy implementation plan revision. Otherwise, the conformity status of the transportation plan and TIP will lapse, and no new project-level conformity determinations may be made.

a. The conformity of new transportation plans and TIPs may be demonstrated according to Phase II interim period criteria and procedures for 90 days following submission of the control strategy implementation plan revision, provided the conformity of such transportation plans and TIPs is redetermined according to transitional period criteria and procedures as required in subsection (A)(1) and such transportation plans and TIPs are consistent with the motor vehicle emissions budget in the applicable implementation plan or any previously submitted control strategy implementation plan revision.

b. Beginning 90 days after submission of the control strategy implementation plan revision, new transportation plans and TIPs shall demonstrate conformity according to transitional period criteria and procedures.

2. If EPA disapproves the submitted control strategy implementation plan revision and so notifies the state, the MPO where one exists, and USDOT, which initiates the sanction process under CAA §§ 179 or 110(m), the conformity status of the transportation plan and TIP shall lapse 120 days after EPA's disapproval, and no new project-level conformity determinations may be made. No new transportation plan, TIP, or project may be found to conform until another control strategy implementation plan revision is submitted and conformity is demonstrated according to transitional period criteria and procedures.

3. Notwithstanding subsection (A)(2), if EPA disapproves the submitted control strategy implementation plan revision but determines that the control strategy contained in the revision would have been considered approvable with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by CAA § 110(a)(2)(A), the provisions of subsection (A)(1) shall apply for 12 months following the date of disapproval. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of disapproval unless another control strategy implementation plan revision is submitted to EPA and found to be complete.

B. For areas which have not submitted a control strategy implementation plan revision:

1. For areas whose CAA deadline for submission of the control strategy implementation plan revision is after November 24, 1993, and EPA has notified the state, the MPO where one exists, and USDOT of the state's failure to submit a control strategy implementation plan revision, which initiates the sanction process under CAA §§ 179 or 110(m) all of the following shall apply:

a. No new transportation plans or TIPs may be found to conform beginning 120 days after the CAA deadline.

b. The conformity status of the transportation plan and TIP shall lapse one year after the CAA deadline, and no new project-level conformity determinations may be made.

2. For areas whose CAA deadline for submission of the control strategy implementation plan was before November 24, 1993, and EPA has made a finding of failure to submit a control strategy implementation plan revision, which initiates the sanction process under CAA §§ 179 or 110(m), all of the following apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator:

a. No new transportation plans or TIPs may be found to conform beginning March 24, 1994.

b. The conformity status of the transportation plan and TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be made.

C. For areas which have not submitted a complete control strategy implementation plan revision:

1. For areas where EPA notifies the state, the MPO where one exists, and USDOT after November 24, 1993, that the control strategy implementation plan revision submitted by the state is incomplete, which initiates the sanction process under CAA §§ 179 or 110(m), all of the following apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator:

a. No new transportation plans or TIPs may be found to conform beginning 120 days after EPA's incompleteness finding.

b. The conformity status of the transportation plan and TIP shall lapse one year after the CAA deadline, and no new project-level conformity determinations may be made.

c. Notwithstanding subsections (C)(1)(a) and (b), if EPA notes in its incompleteness finding that the submittal would have been considered complete with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by CAA § 110(a)(2)(A), the provisions of subsection (A)(1) shall apply for a period of 12 months following the date of the incompleteness determination. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of the incompleteness determination unless another control strategy implementation plan revision is submitted to EPA and found to be complete.

2. For areas where EPA has determined before November 24, 1993, that the control strategy implementation plan revision is incomplete, which initiates the sanction process under CAA §§ 179 or 110(m), all of the following apply unless the failure has been remedied and acknowledged by a letter from the EPA Regional Administrator:

a. No new transportation plans or TIPs may be found to conform beginning March 24, 1994.

b. The conformity status of the transportation plan and TIP shall lapse November 25, 1994, and no new project-level conformity determinations may be made.

c. Notwithstanding subsections (C)(2)(a) and (b), if EPA notes in its incompleteness finding that the submittal would have been considered complete with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by CAA § 110(a)(2)(A), the provisions of subsection (D)(1) shall apply for a period of 12 months following the date of the incompleteness determination. The conformity status of the transportation plan and TIP shall lapse 12 months following the date of the incompleteness determination unless another control strategy implementation plan revision is submitted to EPA and found to be complete.

D. For areas which submitted a control strategy implementation plan before November 24, 1993:

1. The transportation plan and TIP shall have been demonstrated to conform according to transitional period criteria and procedures by November 25, 1994. Otherwise, their conformity status will lapse, and no new project-level conformity determinations may be made. From and after February 22, 1994, new transportation plans and TIPs shall demonstrate conformity according to transitional period criteria and procedures.

2. If EPA has disapproved the most recent control strategy implementation plan submission, the conformity status of the transportation plan and TIP shall lapse March 24, 1994, and no new project-level conformity determinations may be made. No new transportation plans, TIPs, or projects may be found to conform until another control strategy implementation plan revision is submitted and conformity is demonstrated according to transitional period criteria and procedures.

3. Notwithstanding subsection (D)(2), if EPA has disapproved the submitted control strategy implementation plan revision but determines that the control strategy contained in the revision would have been considered approvable with respect to requirements for emission reductions if all committed measures had been submitted in enforceable form as required by CAA § 110(a)(2)(A), the provisions of subsection (D)(1) shall apply until November 25, 1994. The conformity status of the transportation plan and TIP shall lapse November 25, 1994, unless another control strategy implementation plan revision is submitted to EPA and found to be complete.

E. If the currently conforming transportation plan and TIP have not been demonstrated to conform according to transitional period criteria and procedures, the requirements of subsections (E)(1) and (2) shall be met.

1. Before a FHWA or FTA project which is regionally significant and increases single-occupant vehicle capacity (a new general purpose highway on a new location or adding general purpose lanes) may be found to conform, ADEQ shall be consulted on how the emissions which the existing transportation plan and TIP's conformity determination estimates for the Action scenario, as required by R18-2-1422 through R18-2-1427, compare to the motor vehicle emissions budget in the implementation plan submission or the projected motor vehicle emissions budget in the implementation plan under development.

2. In the event of unresolved disputes on such project-level conformity determinations, ADEQ may escalate the issue to the governor consistent with the procedure in R18-2-1405, which applies for ADEQ comments on a conformity determination.

F. Redetermination of conformity of the existing transportation plan and TIP according to the transitional period criteria and procedures:

1. The redetermination of the conformity of the existing transportation plan and TIP according to transitional period criteria and procedures (as required by subsections (A)(1) and (D)(1)) does not require new emissions analysis and does not have to satisfy the requirements of R18-2-1410 and R18-2-1411 if all of the following are met:

a. The control strategy implementation plan revision submitted to EPA uses the MPO's modeling of the existing transportation plan and TIP for its projections of motor vehicle emissions.

b. The control strategy implementation plan does not include any transportation projects which are not included in the transportation plan and TIP.

2. A redetermination of conformity as described in subsection (F)(1) is not considered a conformity determination for the purposes of R18-2-1404(E) or R18-2-1404(I) regarding the maximum intervals between conformity determinations. Conformity shall be determined according to all the applicable criteria and procedures of R18-2-1409 within three years of the last determination which did not rely on subsection (F)(1).

G. Ozone nonattainment areas:

1. The requirements of subsection (B)(1) apply if a serious or above ozone nonattainment area has not submitted the implementation plan revisions which CAA §§ 182(c)(2)(A) and 182(c)(2)(B) require to be submitted to EPA November 15, 1994, even if the area has submitted the implementation plan revision which CAA § 182(b)(1) requires to be submitted to EPA November 15, 1993.

2. The requirements of subsection (B)(1) apply if a moderate ozone nonattainment area which is using photochemical dispersion modeling to demonstrate the "specific annual reductions as necessary to attain" required by CAA § 182(b)(1), and which has permission from EPA to delay submission of such demonstration until November 15, 1994, does not submit such demonstration by that date. The requirements of subsection (B)(1) apply in this case even if the area has submitted the 15% emission reduction demonstration required by CAA § 182(b)(1).

3. The requirements of subsection (A) apply when the implementation plan revisions required by CAA §§ 182(c)(2)(A) and 182(c)(2)(B) are submitted.

H. Nonattainment areas which are not required to demonstrate reasonable further progress and attainment. If an area listed in R18-2-1436 submits a control strategy implementation plan revision, the requirements of subsections (A) and (E) apply. Because the areas listed in R18-2-1436 are not required to demonstrate reasonable further progress and attainment and therefore have no CAA deadline, the provisions of subsection (B) do not apply to these areas at any time.

I. If a control strategy implementation plan revision is not submitted to EPA but a maintenance plan required by CAA § 175A is submitted to EPA, the requirements of subsection (A) or (D) apply, with the maintenance plan submission treated as a "control strategy implementation plan revision" for the purposes of those requirements.

J. This Section does not become effective until June 1, 1996.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1429 Requirements for Adoption or Approval of Projects by Recipients of Funds Designated under 23 U.S.C. or the Federal Transit Act

A. This Section shall not apply to any of the following:

1. A transportation project that is a street with a lower classification than a collector street, as specified in the most recent federal classification map for the region.

2. An exempt project listed in R18-2-1434.

B. No recipient of federal funds designated under 23 U.S.C. or the Federal Transit Act shall adopt or approve a transportation project, regardless of funding source, without first determining whether the transportation project is regionally significant. In making this determination, the recipient shall not take any action that is inconsistent with the procedures developed by ADOT or the MPO pursuant to R18-2-1405(R).

C. No recipient of federal funds designated under 23 U.S.C. or the Federal Transit Act shall adopt or approve a regionally significant highway or transit project, regardless of funding source, unless both of the following apply:

1. There is a currently conforming transportation plan and TIP consistent with the requirements of R18-2-1414.

2. The requirements of one of the following are met:

a. The project comes from a conforming plan and program consistent with the requirements of R18-2-1415.

b. The project is included in the regional emissions analysis supporting the currently conforming TIP's conformity determination, even if the project is not strictly "included" in the TIP for the purposes of MPO project selection or endorsement, and the project's design concept and scope have not changed significantly from those which were included in the regional emissions analysis, or in a manner which would significantly impact use of the facility.

c. During the control strategy or maintenance period, the project is consistent with the motor vehicle emissions budget in the applicable implementation plan consistent with the requirements of R18-2-1420.

d. During Phase II of the interim period, the project contributes to emissions reductions or does not increase emissions consistent with the requirements of R18-2-1424 (in ozone and CO nonattainment areas) or R18-2-1427 (in PM₁₀ and NO₂ nonattainment areas).

e. During the transitional period, the project satisfies the requirements of both subsections (1)(2)(c) and (d).

D. Pursuant to the consultation process established in R18-2-1405(O), ADOT or the MPO where one exists shall, not later than September 1, 1995, develop and make available the procedures to be used by any recipient of federal funds designated under 23 U.S.C. or the Federal Transit Act to comply with subsections (B) and (C). These procedures may be revised periodically, as needed, using the same consultation process. At a minimum, such procedures shall provide for the following:

1. The minimum information required by the recipient to make determinations in compliance with subsections (B) and (C);

2. The time-frames for action to be taken by the recipient;

3. For transportation projects determined to be regionally significant, the documentation necessary to demonstrate that the requirements of 23 CFR 450.324(e), (g), and (h) have been met.

E. After a transportation project is adopted or approved, no subsequent act defined as adoption or approval under this Section or under procedures developed to implement this Section shall be subject to subsection (B) or (C), unless project's design concept or scope have changed significantly since the project was first adopted or approved.

F. A regionally significant transportation project found to be in conformity, either as a result of a TIP or a separate project analysis, shall retain such conformity finding, irrespective of subsequent analysis, unless the project fails to meet the conditions of its approval or undergoes a significant change in scope. In any event, a conformity determination shall lapse after three years in the absence of a redetermination; except that a project undergoing NEPA approval shall retain its conformity determination, unless none of the following major steps has occurred within the most recent three-year period:

1. NEPA process completion;

2. Start of final design;

3. Acquisition of a significant portion of the right-of-way;

4. Approval of the plans, specifications, and estimates.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1430 Procedures for Determining Regional Transportation-related Emissions

A. The following are general requirements for determining regional transportation-related emissions:

1. The regional emissions analysis for the transportation plan, TIP, or project not from a conforming plan and TIP shall include all regionally significant transportation projects expected in the nonattainment or maintenance area, including FHWA or FTA projects proposed in the transportation plan and TIP and all other regionally significant transportation projects which are disclosed to ADOT or the MPO as required by R18-2-1405 . Projects which are not regionally significant are not required to be explicitly modeled, but VMT from such projects shall be estimated in accordance with reasonable professional practice. The effects of TCMs and similar projects that are not regionally significant may also be estimated in accordance with reasonable professional practice.

2. The emissions analysis may not include for emissions reduction credit any TCMs which have been delayed beyond the scheduled date until such time as implementation has been assured. If the TCM has been partially implemented and it can be demonstrated that it is providing quantifiable emission reduction benefits, the emissions analysis may include that emissions reduction credit.

3. Emissions reduction credit from projects, programs, or activities which require a regulation in order to be implemented may not be included in the emissions analysis unless the regulation is already adopted by the enforcing jurisdiction. Adopted regulations are required for demand management strategies for reducing emissions which are not specifically identified in the applicable implementation plan, and for control programs which are external to the transportation system itself, such as tailpipe or evaporative emission standards, limits on gasoline volatility, inspection and maintenance programs, and oxygenated or reformulated gasoline or diesel fuel. A regulatory program may also be considered to be adopted if an opt-in to a federally enforced program has been approved by EPA, if EPA has promulgated the program (if the control program is a federal responsibility, such as tailpipe standards), or if the CAA requires the program without need for individual state action and without any discretionary authority for EPA to set its stringency, delay its effective date, or not implement the program.

4. Notwithstanding subsection (A)(3), during the transitional period, control measures or programs which are committed to in an implementation plan submission as described in R18-2-1418 through R18-2-1420, but which has not received final EPA action in the form of a finding of incompleteness, approval, or disapproval, may be assumed for emission reduction credit for the purpose of demonstrating that the requirements of R18-2-1418 through R18-2-1420 are satisfied.

5. A regional emissions analysis for the purpose of satisfying the requirements of R18-2-1422 through R18-2-1424 may account for the programs in subsection (A)(4), but the same assumptions about these programs shall be used for both the Baseline and Action scenarios.

6. Ambient temperatures shall be consistent with those used to establish the emissions budget in the applicable implementation plan. Factors other than temperatures, for example the fraction of travel in a hot stabilized engine mode, may be modified after interagency consultation according to R18-2-1405 if the newer estimates incorporate additional or more geographically specific information or represent a logically estimated trend in such factors beyond the period considered in the applicable implementation plan.

B. For serious, severe, and extreme ozone nonattainment areas and serious carbon monoxide areas after January 1, 1995, estimates of regional transportation-related emissions used to support conformity determinations shall be made according to procedures which meet the requirements in subsections (B)(1) through (5).

1. A network-based transportation demand model or models relating travel demand and transportation system performance to land-use patterns, population demographics, employment, transportation infrastructure, and transportation policies shall be used to estimate travel within the metropolitan planning area of the nonattainment area. Such a model shall possess all of the following attributes:

a. The modeling methods and the functional relationships used in the model shall in all respects be in accordance with acceptable professional practice and reasonable for purposes of emission estimation.

b. The network-based model shall be validated against ground counts for a base year that is not more than 10 years prior to the date of the conformity determination. Land use, population, and other inputs shall be based on the best available information and appropriate to the validation base year.

c. For peak-hour or peak-period traffic assignments, a capacity sensitive assignment methodology shall be used.

d. Zone-to-zone travel times used to distribute trips between origin and destination pairs shall be in reasonable agreement with the travel times which result from the process of assignment of trips to network links. Where use of transit currently is anticipated to be a significant factor in satisfying transportation demand, these times should also be used for modeling mode splits.

e. Free-flow speeds on network links shall be based on empirical observations.

f. Peak and off-peak travel demand and travel times shall be provided.

g. Trip distribution and mode choice shall be sensitive to pricing, where pricing is a significant factor, if the network model is capable of such determinations and the necessary information is available.

h. The model shall utilize and document a logical correspondence between the assumed scenario of land development and use and the future transportation system for which emissions are being estimated. Reliance on a formal land-use model is not specifically required but is encouraged.

i. A dependence of trip generation on the accessibility of destinations via the transportation system, including pricing, is strongly encouraged but not specifically required, unless the network model is capable of such determinations and the necessary information is available.

j. A dependence of regional economic and population growth on the accessibility of destinations via the transportation system is strongly encouraged but not specifically required, unless the network model is capable of such determinations and the necessary information is available.

k. Consideration of emissions increases from construction-related congestion is not specifically required.

2. Highway Performance Monitoring System (HPMS) estimates of vehicle miles traveled shall be considered the primary measure of vehicle miles traveled within the portion of the nonattainment or maintenance area and for the functional classes of roadways included in HPMS, for urban areas which are sampled on a separate urban area basis. A factor or factors shall be developed to reconcile and calibrate the network-based model estimates of vehicle miles traveled in the base year of its validation to the HPMS estimates for the same period, and these factors shall be applied to model estimates of future vehicle miles traveled. In this factoring process, consideration will be given to differences in the facility coverage of the HPMS and the modeled network description. Departure from these procedures is permitted with the concurrence of USDOT and EPA.

3. Reasonable methods shall be used to estimate nonattainment area vehicle travel on off-network roadways within the urban transportation planning area and on roadways outside the urban transportation planning area.

Reasonable methods in accordance with good practice shall be used to estimate traffic speeds and delays in a manner that is sensitive to the estimated volume of travel on each roadway segment represented in the network model.

C. For areas which are not serious, severe, or extreme ozone nonattainment areas or serious carbon monoxide areas, or before January 1, 1995:

Procedures which satisfy some or all of the requirements of subsection (A) shall be used in all areas not subject to subsection (A) in which those procedures have been the previous practice of the MPO.

2. Regional emissions may be estimated by methods which do not explicitly or comprehensively account for the influence of land use and transportation infrastructure on vehicle miles traveled and traffic speeds and congestion. Such methods shall account for VMT growth by extrapolating historical VMT or projecting future VMT by considering growth in population and historical growth trends for vehicle miles travelled per person. These methods shall also consider future economic activity, transit alternatives, and transportation system policies.

D. This subsection applies to any nonattainment or maintenance area or any portion thereof which does not have a metropolitan transportation plan or TIP and whose projects are not part of the emissions analysis of any MPO's metropolitan transportation plan or TIP (because the nonattainment or maintenance area or portion thereof does not contain a metropolitan planning area or portion of a metropolitan planning area and is not part of a Metropolitan Statistical Area or Consolidated Metropolitan Statistical Area which is or contains a nonattainment or maintenance area).

1. Conformity demonstrations for projects in these areas may satisfy the requirements of R18-2-1420, R18-2-1424, and R18-2-1427 with one regional emissions analysis which includes all the regionally significant transportation projects in the nonattainment or maintenance area or portion thereof.

2. The requirements of R18-2-1420 shall be satisfied according to the procedures in R18-2-1420(C), with references to the "transportation plan" taken to mean the statewide transportation plan.

3. The requirements of R18-2-1424 and R18-2-1427 which reference "transportation plan" or "TIP" shall be taken to mean those projects in the statewide transportation plan or statewide TIP which are in the nonattainment or maintenance area or portion thereof.

4. The requirement of R18-2-1429(A)(2) shall be satisfied if all of the following are met:

a. The project is included in the regional emissions analysis which includes all regionally significant highway and transportation projects in the nonattainment or maintenance area or portion thereof and supports the most recent conformity determination made according to the requirements of R18-2-1420, R18-2-1424 or R18-2-1427 (as modified by subsections (D)(2) and (D)(3)), as appropriate for the time period and pollutant.

b. The project's design concept and scope have not changed significantly from those which were included in the regional emissions analysis or in a manner which would significantly impact use of the facility.

E. For areas in which the implementation plan does not identify construction-related fugitive PM₁₀ as a contributor to the nonattainment problem, the fugitive PM₁₀ emissions associated with highway and transit project construction are not required to be considered in the regional emissions analysis.

F. In PM₁₀ nonattainment and maintenance areas with implementation plans which identify construction-related fugitive PM₁₀ as a contributor to the nonattainment problem, the regional PM₁₀ emissions analysis shall consider construction-related fugitive PM₁₀ and shall account for the level of construction activity, the fugitive PM₁₀ control measures in the applicable implementation plan, and the dust-producing capacity of the proposed activities.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1431 Procedures for Determining Localized CO and PM[10] Concentrations (Hot-spot Analysis)

A. In the following cases, CO hot-spot analyses shall be based on the applicable air quality models, data bases, and other requirements specified in 40 CFR 51 Appendix W ("Guideline on Air Quality Models (Revised)" (1988), supplement (A) (1987) and supplement (B) (1993), EPA publication no. 450/2-78-027R, incorporated by reference and on file with the Department and with the Secretary of State), unless, after the interagency consultation process described in R18-2-1405 and with the approval of the EPA Regional Administrator, these models, data bases, and other requirements are determined to be inappropriate:

1. For projects in or affecting locations, areas, or categories of sites which are identified in the applicable implementation plan as sites of current violation or possible current violation;

2. For those intersections at Level-of-Service D, E, or F, or those that will change to Level-of-Service D, E, or F because of increased traffic volumes related to a new project in the vicinity;

3. For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the highest traffic volumes;

4. For any project involving or affecting any of the intersections which the applicable implementation plan identifies as the top three intersections in the nonattainment or maintenance area based on the worst Level-of-Service;

5. Where use of the "Guideline" models is practicable and reasonable given the potential for violations.

B. In cases other than those described in subsection (A), other quantitative methods may be used if they represent reasonable and common professional practice.

C. CO hot-spot analyses shall include the entire project and may be performed only after the major design features which will significantly impact CO concentrations have been identified. The background concentration may be estimated using the ratio of future to current traffic multiplied by the ratio of future to current emission factors.

D. PM₁₀ hot-spot analysis shall be performed for projects which are located at sites at which violations have been verified by monitoring, and at sites which have essentially identical vehicle and roadway emission and dispersion characteristics (including sites near one at which a violation has been monitored). The projects which require PM₁₀ hot-spot analysis shall be determined through the interagency consultation process required in R18-2-1405 . In PM₁₀ nonattainment and maintenance areas, new or expanded bus and rail terminals and transfer points which increase the number of diesel vehicles congregating at a single location require hot-spot analysis. USDOT may choose to make a categorical conformity determination on bus and rail terminals or transfer points based on appropriate modeling of various terminal sizes, configurations, and activity levels. The requirements of this subsection for quantitative hot-spot analysis will not take effect until EPA releases modeling guidance on this subject and announces in the Federal Register that these requirements are in effect.

E. Hot-spot analysis assumptions shall be consistent with those in the regional emissions analysis for those inputs which are required for both analyses.

F. PM₁₀ or CO mitigation or control measures shall be assumed in the hot-spot analysis only where there are enforceable written commitments from the project sponsor or operator to the implementation of such measures, as required by R18-2-1433(A).

G. CO and PM₁₀ hot-spot analyses are not required to consider construction-related activities which cause temporary increases in emissions. Each site which is affected by construction-related activities shall be considered separately, using established "Guideline" methods. Temporary increases are defined as those which occur only during the construction phase and last five years or less at any individual site.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1432 Using the Motor Vehicle Emissions Budget in the Applicable Implementation Plan or Implementation Plan Submission

A. In interpreting an applicable implementation plan or implementation plan submission with respect to its motor vehicle emissions budget, ADOT or the MPO where one exists and USDOT may not infer additions to the budget that are not explicitly intended by the implementation plan or submission. Unless the implementation plan explicitly quantifies the amount by which motor vehicle emissions could be higher while still allowing a demonstration of compliance with the milestone, attainment, or maintenance requirement and explicitly states an intent that some or all of this additional amount should be available to ADOT or the MPO and USDOT in the emission budget for conformity purposes, ADOT or the MPO may not interpret the budget to be higher than the implementation plan's estimate of future emissions. This applies in particular to applicable implementation plans or submissions which demonstrate that after implementation of control measures in the implementation plan any of the following apply:

1. Emissions from all sources will be less than the total emissions that would be consistent with a required demonstration of an emissions reduction milestone.

2. Emissions from all sources will result in achieving attainment prior to the attainment deadline or ambient concentrations in the attainment deadline year will be lower than needed to demonstrate attainment.

3. Emissions will be lower than needed to provide for continued maintenance.

B. If an applicable implementation plan submitted before November 24, 1993, demonstrates that emissions from all sources will be less than the total emissions that would be consistent with attainment and quantifies that "safety margin," the state may submit a SIP revision which assigns some or all of this safety margin to highway and transit mobile sources for the purposes of conformity. Such a SIP revision, once it is endorsed by the governor and has been subject to a public hearing, may be used for the purposes of transportation conformity before it is approved by EPA.

C. A conformity demonstration shall not trade emissions among budgets which the applicable implementation plan or implementation plan submission allocates for different pollutants or precursors, or among budgets allocated to motor vehicles and other sources, without a SIP revision or a SIP which establishes mechanisms for such trades.

D. If the applicable implementation plan or implementation plan submission estimates future emissions by geographic subarea of the nonattainment area, ADOT or the MPO where one exists and USDOT are not required to consider this to establish subarea budgets, unless the applicable implementation plan or implementation plan submission explicitly indicates an intent to create such subarea budgets for the purposes of conformity.

E. If a nonattainment area includes more than one MPO, the SIP may establish motor vehicle emissions budgets for each MPO. Otherwise, the MPOs shall collectively make a conformity determination for the entire nonattainment area.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1433 Enforceability of Design Concept and Scope and Project-level Mitigation and Control Measures

A. Prior to determining that a transportation project is in conformity, ADOT, the MPO where one exists, other recipient of funds designated under 23 U.S.C. or the Federal Transit Act, FHWA, or FTA shall obtain from the project sponsor or operator enforceable written commitments to implement in the construction of the project and operation of the resulting facility or service any project-level mitigation or control measures which are identified as conditions for NEPA process completion with respect to local PM₁₀ or CO impacts. Before making conformity determinations enforceable written commitments shall also be obtained for project-level mitigation or control measures which are conditions for making conformity determinations for a transportation plan or TIP and included in the project design concept and scope which is used in the regional emissions analysis required by R18-2-1418 through R18-2-1420 and R18-2-1422 through R18-2-1424 or used in the project-level hot-spot analysis required by R18-2-1416 and R18-2-1421.

B. Project sponsors voluntarily committing to mitigation measures to facilitate positive conformity determinations shall provide enforceable written commitments and comply with the obligations of such commitments.

C. Enforceable written commitments to mitigation or control measures shall be obtained prior to a positive conformity determination, and that project sponsors shall comply with such commitments.

D. During the control strategy and maintenance periods, if ADOT, the MPO, or project sponsor believes the mitigation or control measure is no longer necessary for conformity, the project sponsor or operator may be relieved of its obligation to implement the mitigation or control measure if it can demonstrate that the requirements of R18-2-1416, R18-2-1418, and R18-2-1419 are satisfied without the mitigation or control measure and so notifies the agencies involved in the interagency consultation process required under R18-2-1405 . ADOT or the MPO where one exists and USDOT shall confirm that the transportation plan and TIP still satisfy the requirements of R18-2-1418 and R18-2-1419 and that the project still satisfies the requirements of R18-2-1416, and therefore that the conformity determinations for the transportation plan, TIP, and project are still valid.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1434 Exempt Projects

Notwithstanding the other requirements of this subpart, highway and transit projects of the types listed in Table 2 are exempt from the requirement that a conformity determination be made. Such projects may proceed toward implementation even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in Table 2 is not exempt if ADOT or the MPO where one exists in consultation with other agencies pursuant to R18-2-1405, the EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potentially adverse emissions impacts for any reason. States and MPOs shall ensure that exempt projects do not interfere with TCM implementation.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1435 Projects Exempt from Regional Emissions Analyses

Notwithstanding the other requirements of this subpart, highway and transit projects of the types listed in Table 3 are exempt from regional emissions analysis requirements. The local effects of these projects with respect to CO or PM₁₀ concentrations shall be considered to determine if a hot-spot analysis is required prior to making a project-level conformity determination. These projects may then proceed to the project development process even in the absence of a conforming transportation plan and TIP. A particular action of the type listed in Table 3 is not exempt from regional emissions analysis if the MPO in consultation with other agencies pursuant to R18-2-1405, the EPA, and the FHWA (in the case of a highway project) or the FTA (in the case of a transit project) concur that it has potential regional impacts for any reason.

Ariz. Admin. Code § R18-2-1436 Special Provisions for Nonattainment Areas Which Are Not Required to Demonstrate Reasonable Further Progress and Attainment

A. This Section applies in the following areas:

1. Rural transport ozone nonattainment areas,

2. Marginal ozone areas,

3. Submarginal ozone areas,

4. Transitional ozone areas,

5. Incomplete data ozone areas,

6. Moderate CO areas with a design value of 12.7 ppm or less,

7. Not classified CO areas.

B. The criteria and procedures in R18-2-1422 through R18-2-1424 will remain in effect throughout the control strategy period for transportation plans, TIPs, and projects (not from a conforming plan and TIP) in lieu of the procedures in R18-2-1418 through R18-2-1420, except as otherwise provided in subsection (C).

C. The state or MPO may voluntarily develop an attainment demonstration and corresponding motor vehicle emissions budget like those required in areas with higher nonattainment classifications. In this case, the state shall submit an implementation plan revision which contains that budget and attainment demonstration. Once EPA has approved this implementation plan revision, the procedures in R18-2-1418 through R18-2-1420 apply in lieu of the procedures in R18-2-1422 through R18-2-1424.

History

• Adopted effective June 15, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-2-1437 Reserved

Ariz. Admin. Code § R18-2-1438 General Conformity for Federal Actions

The following subparts of 40 CFR 93, Determining Conformity of Federal Actions to State or Federal Implementation Plans, and all accompanying appendices, adopted as of July 1, 1994, and no future editions, are incorporated by reference. These standards are on file with the Office of the Secretary of State and with the Department and shall be applied by the Department.

Subpart B - Determining Conformity of General Federal Actions to State or Federal Implementation Plans (58 FR 63253, November 30, 1993).

History

• Adopted effective January 31, 1995 (Supp. 95-1).

Article 15 FOREST AND RANGE MANAGEMENT BURNS

Ariz. Admin. Code § R18-2-1501 Definitions

In addition to the definitions contained in A.R.S. § 49-501 and R182-101, in this Article:

1. "Activity fuels" means those fuels created by human activities such as thinning or logging.

2. "ADEQ" means the Arizona Department of Environmental Quality.

3. "Annual emissions goal" means the annual establishment in cooperation with the F/SLMs, under R18-2-1503(G), of a planned quantifiable value of emissions reduction from prescribed fires and fuels management activities.

"Assisting" means an agency or organization providing personnel, services, or other resources to the agency with direct responsibility for prescribed fire management.

5. "Burn Accomplishment Form" means the online database form as provided by the director to be completed for each approved or approved with conditions Daily Burn Request, with details of the conducted prescribed burn.

4.6. "Burn plan" for the purposes of this article means the ADEQ online database form as provided by the director that includes information on the conditions under which a burn will occur with details of the burn and smoke management prescriptions.

5.7. "Burn prescription" means, with regard to a burn project, the pre-determined area, fuel, and weather conditions required to attain planned resource management objectives.

6.8. "Burn project" means an active or planned prescribed burn.

9. "Daily Burn Request" means the online database form as provided by the director that allows burners to request for permission to ignite on a single specific day, submitted under an acknowledged Burn Plan.

10. "Daily Burn Authorization Process" means the daily process by which ADEQ reviews and approves, approves with conditions, or disapproves "Daily Burn Requests" for the following day.

11. "Director" means the Director of ADEQ.

"Duff" means forest floor material consisting of decomposing needles and other natural materials.

8.13. "Emission reduction techniques (ERT)" means methods for controlling emissions from prescribed fires to minimize the amount of emission output per unit of area burned.

9.14. "Federal land manager (FLM)" means any department, agency, delegee, or agent of the federal government, including the following:

a. United States Forest Service,

b. United States Fish and Wildlife Service,

c. National Park Service,

d. Bureau of Land Management,

e. Bureau of Reclamation,

f. Department of Defense,

g. Bureau of Indian Affairs, and

h. Natural Resources Conservation Service.

10.15. "F/SLM" means a federal land manager or a state land manager.

11.16. "Local fire management officer" means a person designated by a F/SLM as responsible for fire management in a local district or area.

12. "Mop-up" means the act of extinguishing or removing burning material from a prescribed fire to reduce smoke impacts.

13.17. "National Wildfire Coordinating Group" means the national inter-agency group of federal and state land managers that shares similar wildfire management programs and has established standardized inter-agency training courses and qualifications for fire management positions.

18. "New Burn Plan" means a Burn Plan that has never been submitted to ADEQ.

14.19. "Non-burning alternatives to fire" means techniques that replace fire for at least five years as a means to treat activity fuels created to achieve a particular land management objective (e.g., reduction of fuel-loading, manipulation of fuels, enhancement of wildlife habitat, and ecosystem restoration). These alternatives are not used in conjunction with fire. Techniques used in conjunction with fire are referred to as emission reduction techniques (ERTs).

15.20. "Planned resource management objectives" means public interest goals in support of land management agency objectives including silviculture, wildlife habitat management, grazing enhancement, fire hazard reduction, wilderness management, cultural scene maintenance, weed abatement, watershed rehabilitation, vegetative manipulation, and disease and pest prevention.

16.21. "Prescribed burning" means the controlled application of fire to wildland fuels that are in either a natural or modified state, under certain burn and smoke management prescription conditions that have been specified by the F/SLM in charge of or assisting the burn, to attain planned resource management objectives. Prescribed burning does not include a fire set or permitted by a public officer to provide instruction in fire-fighting methods, or construction or residential burning under R18-2-602.

17.22. "Prescribed Fire Burn Boss" means a person designated by their respective F/SLM with the requisite training and certification to ensure that all ADEQ prescribed fire burn plan specifications and requirements are met before, during, and after a prescribed fire. This includes the following NWCG positions: Prescribed Fire Burn Boss Type 1, Prescribed Fire Burn Boss Type 2, and Prescribed Fire Burn Boss Type 3. A private burner does not qualify as a Burn Boss under this article.

"Private Burner" means a private person or company assisted by a F/SLM in conducting a prescribed burn under this article. A person not covered under this definition shall be regulated under A.R.S. § 49-501 and A.A.C. R18-2-602.

24. "Revised Burn Plan" means any Burn Plan that has been submitted to ADEQ by way of the online database which has remaining un-accomplished acres available and has been revised.

18.25. "Smoke management prescription" means the predetermined meteorological conditions that affect smoke transport and dispersion under which a burn could occur without adversely affecting public health and welfare, including transportation networks, considering such factors as National Ambient Air Quality Standard and Class I Visibility Areas.

19.26. "Smoke management techniques (SMT)" means management and dispersion practices used during a prescribed burn which affect the direction, duration, height, or density of smoke.

20.27. "Smoke management unit" means any of the geographic areas defined by ADEQ whose area is based on primary watershed boundaries and whose outline is determined by diurnal windflow patterns that allow smoke to follow predictable drainage patterns. A map of the state divided into the smoke management units is on file with ADEQ.

21.28. "State land manager (SLM)" means any department, agency, or political subdivision of the state government including the following:

a. State Land Department,

b. Department of Transportation,

c. Department of Game and Fish,

d. Parks Department,

e. Local and Municipal Governments and Agencies,

f. Arizona Department of Forestry and Fire Management, and

g. Fire Districts.

29. "Smoke Sensitive Area" means areas where ADEQ determines that smoke and air pollutants can adversely affect public health or welfare. Such areas may include, but are not limited to cities, towns, villages, campgrounds, trails, populated recreational areas, hospitals, nursing homes, schools, roads, airports, public events, shopping centers, and mandatory Class I areas.

22.30. "Wildfire" means an unplanned ignition, such as lightning, unauthorized and accidental human fires. Wildfires include those incidents where suppression may be limited for safety, economic, or resource concerns.

23. "Wildland fire use" means a wildland fire that is ignited by natural causes, such as lightning, and is managed using the same controls and for the same planned resource management objectives as prescribed burning.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1502 Applicability

A. A F/SLM that is conducting or assisting a prescribed burn shall follow the requirements of this Article.

B. A private burner may conduct burns under this article if assisted by an F/SLM

C. The provisions of this Article apply to all areas of the state except Tribal Nations and Communities land which has the same meaning as the term defined in 18 U.S.C. § 1151. All federally managed lands and all state lands, parks, and forests are under the jurisdiction of ADEQ in matters relating to air pollution from prescribed burning.

D. Notwithstanding subsection (C), any Tribal Nations and Communities may enter into a memorandum of agreement with ADEQ to implement this article.

E. ADEQ and any private or municipal prescribed burner may enter into a memorandum of agreement to implement this Article.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1503 Annual, Program Evaluation and Planning

A. ADEQ shall hold a meeting after January 31 and before April 1 of each year between ADEQ and F/SLM to evaluate the program and set the annual emissions goals to minimize prescribed fire emissions to the maximum extent feasible using emission reduction techniques and non-burning alternatives to fire subject to economic, technical, and safety feasibility criteria, and consistent with land management objectives.

B. Outside of the annual meeting, ADEQ may request additional information about future prescribed burns to support regional coordination of smoke management, annual emission goal setting using ERTs, and non-burning alternatives to fire.

C. A F/SLM shall include the following information on the registration form:

1. The F/SLM"s name, address, and business telephone number;

2. The name, address, and business telephone number of an air quality representative who will provide technical support to ADEQ for decisions regarding prescribed burning. The same air quality representative may be selected by more than one F/SLM;

3. All prescribed burn projects and potential wildland fire use areas planned for the next year;

4. Maximum project and annual acres to be burned, maximum daily acres to be burned, fuel types within project area, and planned use of emission reduction techniques to support the annual emissions goal for each prescribed burn project;

5. Planned use of any smoke management techniques for each prescribed burn project;

6. Maximum project and annual acres projected to be burned, maximum daily acres projected to be burned, and a map of the anticipated project area, fuel types and loading within the planned area for an area the F/SLM anticipates for wildland fire use;

7. A list of all burn projects that were completed during the previous year;

8. Project area for treatment, treatment type, fuel types to be treated, and activity fuel loading to support the annual emissions goal for areas to be treated using non-burning alternatives to fire; and

9. At least once every five years, ADEQ shall request long-term projections of future prescribed fire activity from the F/SLM to support planning for visibility impairment and assessment of air quality concerns by ADEQ.

D. F/SLM may submit topics to discuss at the yearly meeting by contacting ADEQ.

E. A F/SLM may amend a registration at any time with a written submission to ADEQ.

F. ADEQ accepts a facsimile or other electronic method as a means of complying with the deadline for registration. If an electronic means is used, the F/SLM shall deliver the original paper registration form to ADEQ for its records. ADEQ shall acknowledge in writing the receipt of each registration.

G. ADEQ shall hold a meeting after January 31 and before April 1 of each year between ADEQ and F/SLMs to evaluate the program and cooperatively establish the annual emission goal. The annual emission goal shall be developed to minimize prescribed fire emissions to the maximum extent feasible using emission reduction techniques and alternatives to burning subject to economic, technical, and safety feasibility criteria, and consistent with land management objectives.

H. At least once every five years, ADEQ shall request long-term projections of future prescribed fire and wildland fire use activity from the F/SLMs to support planning for visibility impairment and assessment of other air quality concerns by ADEQ.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1504 Prescribed Burn Plan

Each F/SLM planning a prescribed burn shall complete and submit to ADEQ the "Burn Plan" form supplied by ADEQ no later than 14 days before the date on which the F/SLM requests permission to burn. ADEQ shall consider the information supplied on the Burn Plan Form as binding conditions under which the burn shall be conducted. A Burn Plan shall be maintained by ADEQ until notification from the F/SLM of the completion of the burn project. The Burn Plan provisions listed in A.A.C. R18-2-1504(1)-(5), may be revised no later than 2:00 p.m. the business day before the burn. Any other revision to the Burn Plan for a burn project shall be submitted in writing no later than 14 days before the date on which the F/SLM requests permission to burn. ADEQ shall not act on the Daily Burn Request until the Burn Plan is submitted by the F/SLM and acknowledged as complete by ADEQ. To facilitate the Daily Burn Authorization Process under R18-2-1505, the Burn Plan Form shall include:

1. An emergency telephone number that is answered 24 hours a day, seven days a week;

2. Burn prescription;

3. Smoke management prescription;

4. The name of the person submitting the Burn Plan on behalf of the F/SLM;

5. Any other information to support the Burn Plan needed by ADEQ to assist in the Daily Burn Authorization Process for smoke management purposes, prevention of negative impacts on smoke sensitive areas, or assessment of contribution to visibility impairment of Class I areas.

4.6. The total number of acres in the project to be burned, the quantity and type of fuel, type of burn, and the ignition technique to be used;

5.7. The land management objective or purpose for the burn such as restoration or maintenance of ecological function and indicators of fire resiliency;

6.8. A map depicting the potential impact of the smoke unless waived either orally or in writing by ADEQ. The potential impact shall be determined by mapping both the daytime and nighttime smoke path and down-drainage flow for 15 miles from the burn site, with smoke-sensitive areas delineated. The map shall use the appropriate scale to show the impacts of the smoke adequately;

7.9. Modeling of smoke impacts unless waived either orally or in writing by ADEQ, for burns greater than 250 acres per day, or greater than 50 acres per day if the burn is within 15 miles of a Class I Area, an area that is nonattainment for particulates, a carbon monoxide nonattainment area, or other smoke-sensitive area. In consultation with the F/SLM, ADEQ shall provide guidelines on modeling;

8. The name of the official submitting the Burn Plan on behalf of the F/SLM; and

9. After consultation with the F/SLM, any other information to support the Burn Plan needed by ADEQ to assist in the Daily Burn authorization process for smoke management purposes or assessment of contribution to visibility impairment of Class I areas.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1505 Prescribed Burn Requests and Authorization

A. Each F/SLM planning a prescribed burn, shall complete and submit to ADEQ the "Daily Burn Request" form supplied by ADEQ for each day the F/SLM will complete ignitions. The Daily Burn Request form shall include:

The contact information of the F/SLM conducting the burn;

2. Acknowledgement that a qualified Prescribed Fire Burn Boss is conducting the burn;

2.3. Date of the ignition;

3.4. The area to be burned on the day for which the Burn Request is submitted, with reference to the Burn Plan, including size, legal location to the section, and latitude and longitude to the minute;

4.5. Projected smoke impacts; and

5.6. Any local conditions or circumstances known to the F/ SLM that, could impact the Daily Burn Authorization Process or the burn.

B. After consultation and upon request by ADEQ, the F/SLM shall provide additional information related to the burn or any ongoing prescribed fires or wildfires such as: reports, digital photographs, meteorological, smoke dispersion, or air quality conditions to supplement the Daily Burn Request form and to aid in the Daily Burn Authorization Process. F/SLM may coordinate with ADEQ prior to submitting a Daily Burn Request to discuss potential air quality impacts or other concerns.

C. The F/SLM shall submit the Daily Burn Request form to ADEQ as expeditiously as practicable, but no later than 2:00 p.m. of the business day preceding the burn.

D. An F/SLM shall not ignite a prescribed burn without receiving the approval of ADEQ, as follows:

1. ADEQ shall only approve, approve with conditions, or disapprove a burn on the business day before the burn is to take place.

2. If ADEQ ails to address a Burn Request by 10:00 p.m. the business day before the burn is to take place the Burn Request is approved by default after the burner makes a good faith effort to contact ADEQ to confirm that the Burn Request was received by exhausting available methods of communication, which may include contracting the ADEQ smoke management team directly, as well as the main number for the ADEQ air quality division, and leaving voicemails if there is no response.

3. ADEQ may communicate its decision by verbal, written, or electronic means. ADEQ shall provide a written or electronic reply if requested by the F/SLM.

E. If weather conditions cease to conform to those in the smoke management prescription of either the Burn Plan or any conditions on the approval of the applicable Burn Request, the F/SLM shall take appropriate action to reduce further smoke impacts, ensure safe and appropriate fire mitigation, and notify the public as per the requirements established by the National Wildfire Coordinating Group or F/SLM equivalent. The F/SLM may modify the smoke management prescription in the Burn Plan after consultation with ADEQ. A F/SLM conducting a burn shall contact ADEQ if there is any change in the burn conditions that ceases to conform with the Burn Plan and could cause negative impacts to smoke sensitive areas and communicate what areas of the submitted smoke management prescription in the Burn Plan need to be modified.

F. The F/SLM shall ensure that there is industry-standard signage and notification to protect public safety on transportation corridors including roadways and airports during a prescribed fire.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1506 Smoke Dispersion Evaluation

ADEQ shall approve, approve with conditions, or disapprove a Daily Burn Request submitted under R18-2 1505, by using the following factors for each smoke management unit:

Analysis of the emissions from burns in progress and residual emissions from previous burns on a day-to-day basis;

2. Analysis of emissions from active wildland fire use incidents, and active multiple-day burns, and consideration of potential long-term emissions estimates;

3.2. Analysis of the emissions from wildfires and consideration of their potential long-term growth;

4.3. Local burn conditions;

5.4. Burn prescription and smoke management prescription from the applicable Burn Plan;

6.5. Existing and predicted local air quality, i.e. meteorological or smoke modeling;

7.6. Local and synoptic meteorological conditions;

8.7. Type and location of areas to be burned;

9.8. Protection of the national visibility goal for Class I Areas under § 169A(a)(1) of the Clean Air Act and 40 CFR 51.309;

10.9. Assessment of duration and intensity of smoke emissions to minimize cumulative impacts;

11.10. Minimization of smoke impacts in Class I Areas, areas that are non-attainment for particulate matter, carbon monoxide, and ozone non-attainment areas, or other smoke sensitive areas including transportation corridors;

12.11. Protection of the National Ambient Air Quality Standards.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1507 Prescribed Burn Accomplishment; Wildfire Reporting

A. Each F/SLM conducting a prescribed burn shall complete and submit to ADEQ the "Burn Accomplishment" form supplied by ADEQ. For each burn approval, the F/SLM shall submit a Burn Accomplishment form to ADEQ within seven calendar days following the approved burn. The F/SLM shall include the following information on the Burn Accomplishment form:

1. Any known conditions or circumstances that could impact subsequent Daily Burn approvals;

2. The date, location, fuel type, fuel loading, and acreage accomplishments;

3. The ERTs and SMTs described in R18-2-1509 and may include any further ERTs and SMTs that become available, that the F/SLM used to reduce emissions or manage the smoke from the burn.

B. The F/SLM shall submit the Burn Accomplishment form as an electronic submittal.

C. ADEQ shall maintain a record of Daily Burn Requests, Burn Plan Form Burn Approvals with Conditions, Denials, and Burn Accomplishments data for five years.

D. ADEQ may request information about a burn prior to the submission of the Burn Accomplishment Form.

E. The F/SLM in whose jurisdiction a wildfire occurs shall, upon request, make available to ADEQ no later than the day after the request is made and may include any necessary information for wildfire incidents, including the location, and estimate of predominant fuel type and quantity consumed, and an estimate of the area blackened that day. The F/SLM shall participate in air quality coordination calls upon request by ADEQ.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1508 [Repealed]

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Repealed by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1509 Emission Reduction Techniques

A. Each F/SLM conducting a prescribed burn shall implement as many Emission Reduction Techniques as are feasible subject to economic, technical, and safety feasibility criteria, and land management objectives.

B. Emission Reduction Techniques include:

1. Reducing biomass to be burned by use of techniques such as yarding or consolidation of unmerchandisable material, multi-product timber sales, or public firewood access, when economically feasible;

2. Reducing biomass to be burned by fuel exclusion practices such as preventing the fire from consuming dead snags or dead and downed woody material through lining, application of fire-retardant foam, or water;

Using mass ignition techniques such as aerial ignition by helicopter to produce high intensity fires of high fuel density areas such as logging slash decks;

4. Burning only fuels essential to meet resource management objectives;

5. Minimizing consumption and smoldering by burning under conditions of high fuel moisture of duff and litter;

6. Minimizing fuel consumption and smoldering by burning under conditions of high fuel moisture of large woody fuels;

7. Minimizing soil content when slash piles are constructed by using brush blades on material-moving equipment and by constructing piles under dry soil conditions or by using hand piling methods;

8. Burning fuels in piles;

9. Using a backing fire in grass fuels;

10. Burning fuels with an air curtain incinerator, as defined in R18-2-101, operated according to manufacturer specifications and meeting applicable state or local opacity requirements;

11. Extinguishing or mopping-up of smoldering fuels;

Chunking of piles and other consolidations of burning material to enhance flaming and fuel consumption, and to minimize smoke production;

13. Burning before litter fall;

14. Burning before green-up of fuels;

15. Burning before recently cut large fuels cure in areas with activity; and

16. Burning just before precipitation to reduce fuel smoldering and consumption.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023. Amended by final expedited rulemaking at 30 A.A.R. 2422, effective 7/3/2024.

Ariz. Admin. Code § R18-2-1510 [Repealed]

History

• Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1510 renumbered to R18-2-1511; new R18-2-1510 made by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Repealed by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1511 Monitoring

A. ADEQ may require a F/SLM to monitor air quality before, during, or after a prescribed burn as reasonably necessary to assess smoke impacts. Air quality monitoring may be conducted using both federal and non-federal reference methods, as well as other techniques including but not limited to digital photographs, video calling, webcams, visibility monitors, and air quality sensors.

B. ADEQ may require a F/SLM to monitor weather before or during a prescribed burn or a wildland fire use incident, if necessary to predict or assess smoke impacts. After consultation with the F/SLM, ADEQ may also require the F/SLM to establish burn site or area-representative remote automated weather stations or their equivalent, having telemetry that allows retrieval on a real-time basis by ADEQ. An F/SLM shall give ADEQ notice and an opportunity to comment before making any change to a long-term established remote automated weather station.

C.B. Unless waived by ADEQ, a F/SLM shall conduct a test burn at the burn site to verify the needed wind speed, direction, and stability, for burns greater than 250 acres per day, or greater than 50 acres per day if the burn is within 15 miles of a Class I Area, an area that is non-attainment for particulate matter, carbon monoxide, or ozone, or other smoke sensitive area.

1. Smoke plume measurements, using a format supplied by ADEQ; and

2. The release of pilot balloons (PIBALs) at the burn site to verify needed wind speed, direction, and stability. Instead of pilot balloons, a test burn at the burn site may be used for specific prescribed burns on a case-by-case basis as approved by ADEQ, to verify needed wind speed, direction, and stability.

D.C. An F/SLM shall make monitoring information required under subsection (B) available to ADEQ on the business day following the burn ignition, if an instantaneous method was not used to convey the information.

E.D.The F/SLM shall keep on file for one year following the burn date any monitoring information required under this Section.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1511 renumbered to R18-2-1512; new R18-2-1511 renumbered from R18-2-1510 and amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1512 Burner Qualifications

A. All burn projects shall be conducted by personnel trained and certified in prescribed fire and smoke management techniques. Burn project personnel shall be trained in the fire and smoke management techniques required by the F/SLM in charge of the burn or the training requirements established by the National Wildfire Coordinating Group.

B. A Prescribed Fire Burn Boss of the F/SLM with jurisdiction over the prescribed burn shall have smoke management training obtained through one of the following:

1. Successful completion of a National Wildfire Coordinating Group or F/SLM-equivalent course addressing smoke management; or

2. Attendance at an ADEQ-approved smoke management workshop.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1512 renumbered to R18-2-1513; new R18-2-1512 renumbered from R18-2-1511 and amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1513 Public Notification and Awareness Program; Regional Coordination

A. The Director shall maintain a public education and awareness program webpage, in cooperation with the F/SLM and other interested parties, to inform the general public of the smoke management program described by this Article. The webpage shall inform the public about the health risks and impacts from smoke and prescribed fires; how smoke management techniques can protect air quality; and the role of prescribed fire in natural ecosystems.

B. ADEQ shall make prescribed burn approval, and wildfire activity information readily available to the public and to facilitate regional coordination efforts and public notification.

C. ADEQ shall ensure all publicly available information concerning smoke management, including electronic material, is updated annually, or as new information is published.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1513 renumbered to R18-2-1514; new R18-2-1513 renumbered from R18-2-1512 and amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1514 Surveillance and Enforcement

A. An F/SLM conducting a prescribed burn shall permit and provide safe escort to ADEQ for the purpose of entering and inspecting burn sites to verify the accuracy of the Daily Burn Request, Burn Plan, or Accomplishment data as well as matching burn approval with actual conditions, smoke dispersion, and air quality impacts. Onground site inspection procedures and aerial surveillance shall be coordinated by ADEQ and the F/SLM for safety purposes.

B. ADEQ may use remote automated weather station data if necessary to verify current and previous meteorological conditions at or near the burn site.

C. ADEQ may audit burn accomplishment data, smoke dispersion measurements, or weather measurements from previously conducted burns, if necessary to verify conformity with, or deviation from, procedures and authorizations approved by ADEQ.

D. Deviation from procedures and authorizations approved by ADEQ constitute a violation of this Article. Violations may require containment or appropriate smoke mitigation action of any active burns and may also require, in the Director's discretion, a five-day moratorium on ignitions by the responsible F/SLM. Violations of this Article are also subject to a civil penalty of not more than $10,000 per day per violation under A.R.S. § 49-463.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Former Section R18-2-1514 repealed; new R18-2-1514 renumbered from R18-2-1513 and amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Ariz. Admin. Code § R18-2-1515 Forms and Information Transfers

A. ADEQ shall make all forms for completion by a F/SLM available in electronic format as provided by the director.

B. After consultation with an F/SLM, ADEQ may require the F/ SLM to provide data or completed forms in an electronic format as provided by the director.

History

• Adopted effective October 8, 1996 (Supp. 96-4). Amended by final rulemaking at 10 A.A.R. 388, effective March 16, 2004 (Supp. 04-1). Amended by final rulemaking at 29 A.A.R. 1427, effective 8/7/2023.

Article 16 EXPIRED

Ariz. Admin. Code § R18-2-1601 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1602 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1603 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1604 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1605 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1606 Expired

History

• New Section made by final rulemaking at 9 A.A.R. 4541, effective December 2, 2003 (Supp. 03-4). Section expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1607 Expired

History

• Section reserved at 11 A.A.R. 386, effective December 20, 2004, expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1608 Expired

History

• Section reserved at 11 A.A.R. 386, effective December 20, 2004, expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1609 Expired

History

• Section reserved at 11 A.A.R. 386, effective December 20, 2004, expired under A.R.S. § 41-1056(J) at 24 A.A.R. 2500, effective August 14, 2018 (Supp. 18-3).

Ariz. Admin. Code § R18-2-1610 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 386, effective December 20, 2004 (Supp. 04-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1611 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 386, effective December 20, 2004 (Supp. 04-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1612 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 386, effective December 20, 2004 (Supp. 04-4). Section heading corrected at request of the Department, Office File No. M12-134, filed April 5, 2012 (Supp. 11-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Ariz. Admin. Code § R18-2-1613 Expired

History

• New Section made by final rulemaking at 11 A.A.R. 386, effective December 20, 2004 (Supp. 04-4). Section expired under A.R.S. § 41-1056(J) at 19 A.A.R. 2856, effective April 30, 2013 (Supp. 13-3).

Article 17 EXPIRED

Ariz. Admin. Code § R18-2-1701 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1702 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1703 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1704 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1705 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1706 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1707 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1708 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41-1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Ariz. Admin. Code § R18-2-1709 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1953, effective January 1, 2007 (Supp. 06-2). Section expired under A.R.S. § 41- 1056(J) at 23 A.A.R.135, effective August 26, 2016; filed in the Office of the Secretary of State December 23, 2016 (Supp. 16-4).

Article 18 REPEALED

Ariz. Admin. Code § R18-2-1801 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1802 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1803 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1804 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1805 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1806 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1807 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1808 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1809 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1810 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1811 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Ariz. Admin. Code § R18-2-1812 [REPEALED]

History

• New Section made by final rulemaking at 14 A.A.R. 2404, effective July 8, 2008 (Supp. 08-2). Section repealed by final rulemaking at 18 A.A.R. 250, effective January 10, 2012 (Supp. 12-1).

Article 13 STATE IMPLEMENTATION PLAN RULES FOR SPECIFIC LOCATIONS

Part B HAYDEN, ARIZONA, PLANNING AREA

Ariz. Admin. Code § R18-2-B1301 Limits on Lead Emissions from the Hayden Smelter

A. Applicability.

1. This Section applies to the owner or operator of the Hayden Smelter.

Effective date. Except as otherwise provided, the requirements of this Section shall become applicable on the earlier of July 1, 2018 or 180 days after completion of all project improvements authorized by Significant Permit Revision No. 60647.

B. Definitions. In addition to general definitions contained in R18-2-101, the following definitions apply to this Section:

1. "ACFM" means actual cubic feet per minute.

2. "Anode furnace baghouse stack" means the dedicated stack that vents controlled off-gases from the anode furnaces to the Main Stack.

3. "Blowing" shall mean the introduction of air or oxygen-enriched air into the converter furnace molten bath through tuyeres that are submerged below the level of the molten bath. The flow of air through the tuyeres above the level of the molten bath or into an empty converter shall not constitute blowing.

4. "Capture system" means the collection of components used to capture gases and fumes released from one or more emission units, and to convey the captured gases and fumes to one or more control devices or a stack. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.

5. "Control device" means a piece of equipment used to clean and remove pollutants from gases and fumes released from one or more emission units that would otherwise be released to the atmosphere. Control devices may include, but are not limited to, baghouses, Electrostatic Precipitators (ESPs), and sulfuric acid plants.

6. "Hayden Smelter" means the primary copper smelter located in Hayden, Gila County, Arizona at latitude 33º0'15"N and longitude 110º46'31"W.

"Main Stack" means the center and annular portions of the 1,000-foot stack, which vents controlled off-gases from the INCO flash furnace, the converters, and anode furnaces and also vents exhaust from the tertiary hoods.

8. "SCFM" means standard cubic feet per minute.

9. "SLAMS monitor" means an ambient air monitor part of the State and Local Air Monitoring Stations network operated by State or local agencies for the purpose of demonstrating compliance with the National Ambient Air Quality Standards.

10. "Smelting process-related fugitive lead emissions" means uncaptured and/or uncontrolled lead emissions that are released into the atmosphere from smelting copper in the INCO flash furnace, converters, and anode furnaces.

C. Emission limit. Main Stack lead emissions shall not exceed 0.683 pound of lead per hour.

D. Operational Standards.

1. Process equipment and control device operations. At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate smelter processes and associated emission capture and/or control equipment in a manner consistent with good air pollution control practices for minimizing lead emissions to the level required by subsection (C). Determination of whether acceptable operating and maintenance procedures are being used shall be based on all information available to the Department and EPA Region IX, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures and records, and inspection of the relevant equipment.

2. Capture system and control device operations and maintenance plan. The owner or operator shall develop and implement an operations and maintenance plan for each capture system and/or control device used to ventilate or control process gas or emissions from the flash furnace, including matte tapping, slag skimming and slag return operations; converter primary hoods, converter secondary hoods, tertiary ventilation system; and anode refining operations. The operations and maintenance plan must address the following requirements as applicable to each capture system and/or control device.

a. Monitoring devices. The plan shall provide for installation, operation, calibration, and maintenance of appropriate monitoring devices to measure and record operating limit values or settings at all times the required capture and control system is operating, except during periods of monitor calibration, repair, and malfunction. The initial plan shall provide for volumetric flow monitoring on the vent gas baghouse (inlet or outlet), each converter primary hood, each converter secondary hood, the tertiary ventilation system, and the anode furnace baghouse (inlet or outlet). All monitoring devices shall be accurate within +/- 10 percent and calibrated according to manufacturer's instructions. If direct measurement of the exhaust flow is infeasible due to physical limitations or exhaust characteristics, the owner or operator may propose a reliable equivalent method for approval. Initial monitoring may be adjusted as provided in subsection (D)(2)(e). Dampers that are manually set and remain in the same position while the capture system is operating are exempt from these monitoring requirements. Capture system damper position setting(s) shall be specified in the plan.

b. Operational limits. The owner or operator shall establish operating limits in the operations and maintenance plan for the capture systems and/or control devices that are representative and reliable indicators of the performance of the capture system and control device operations. Initial operating limits may be adjusted as provided in subsection (D)(2)(e). Initial operating limits shall include the following:

i. A minimum air flow for the furnace ventilation system and associated damper positions for each matte tapping hood or slag skimming hood when operating to ensure that the operation(s) are within the confines or influence of the capture system.

ii. A minimum air flow for the secondary hood baghouse and associated damper positions for each slag return hood to ensure that the operation is within the confines or influence of the capture system's ventilation draft during times when the associated process is operating.

iii. A minimum air infiltration ratio for the converter primary hoods of 1:1 averaged over 24 converter Blowing hours, rolled hourly measured as volumetric flow in primary hood less the volumetric flow of tuyere Blowing compared to the volumetric flow of tuyere Blowing.

iv. A minimum secondary hood exhaust rate of 35,000 SCFM during converter Blowing, averaged over 24 converter Blowing hours, rolled hourly.

v. A minimum secondary hood exhaust rate of 133,000 SCFM during all non-Blowing operating hours, averaged over 24 non-Blowing hours, rolled hourly.

vi. A minimum negative pressure drop across the secondary hood when the doors are closed equivalent to 0.007 inches of water.

vii. A minimum exhaust rate on the tertiary hooding of 400,000 ACFM during all times material is processed in the converter aisle, averaged over 24 hours and rolled hourly.

viii. Fan amperes or minimum air flow for the anode furnace baghouse and associated damper positions for each anode furnace hood to ensure that the anode furnace off-gas port is within the confines or influence of the capture system's ventilation draft during times when the associated furnace is operating.

ix. The anode furnace charge mouth shall be kept covered when the tuyeres are submerged in the metal bath except when copper is being charged to or transferred from the furnace.

c. Preventative maintenance. The owner or operator shall perform preventative maintenance on each capture system and control device according to written procedures specified in the operations and maintenance plan. The procedures must include a preventative maintenance schedule that is consistent with the manufacturer's or engineer's instructions, or operator's experience working with the equipment, and frequency for routine and long-term maintenance. This provision does not prohibit additional maintenance beyond that required by the plan.

d. Inspections. The owner or operator shall perform inspections in accordance with written procedures in the operations and maintenance plan for each capture system and control device that are consistent with the manufacturer's, engineer's, or operator's instructions for each system and device.

e. Plan development and revisions.

i. The owner or operator shall develop and keep current the plan required by this Section. Any plan or plan revision shall be consistent with this Section, shall be designed to ensure that the capture and control system performance conforms to the attainment demonstration in the Hayden 2008 Lead National Ambient Air Quality Standards Nonattainment Area State Implementation Plan (SIP), and shall be submitted to the Department for review. Any plan or plan revision submitted shall include the associated manufacturer's, engineer's or operator's recommendations and/or instructions used for capture system and control device operations and maintenance.

ii. The owner or operator shall submit the initial plan to the Department no later than May 1, 2018 and shall include the initial volumetric flow monitoring provisions in subsection (D)(2)(a), the initial operational limits in subsection (D)(2)(b), the preventative maintenance procedures in subsection (D)(2)(c), and the inspection procedures in subsection (D)(2)(d).

iii. The owner or operator shall submit to the Department for approval a plan revision with changes, if any, to the initial volumetric flow monitoring provisions in subsection (D)(2)(a) and initial operational limits in subsection (D)(2)(b) not later than six months after completing a fugitive emissions study conducted in accordance with Appendix 14. The Department shall submit the approved changes to the volumetric flow monitoring provisions and operational limits pursuant to this subsection to EPA Region IX as a SIP revision not later than 12 months after completion of a fugitive emissions study.

iv. Other plan revisions may be submitted at any time when necessary. All plans and plan revisions shall be designed to achieve operation of the capture system and/or control device consistent with the attainment demonstration in the Hayden 2008 Lead National Ambient Air Quality Standards Nonattainment Area SIP. Except for changes to the volumetric flow monitoring provisions in subsection (D)(2)(a) and operational limits in subsection (D)(2)(b), which shall require prior approval, plans and plan revisions may be implemented upon submittal and shall remain in effect until superseded or until disapproved by the Department. Disapprovals are appealable Department actions.

3. Emissions from the anode furnace baghouse stack shall be routed to the Main Stack.

E. Performance Test Requirements.

1. Main stack performance tests. No later than 180 calendar days after completion of all Converter Retrofit Project improvements authorized by Significant Permit Revision No. 60647, the owner or operator shall conduct initial performance tests on the following:

a. the gas stream exiting the anode furnaces baghouse prior to mixing with other gas streams routed to the Main Stack.

b. the gas stream exiting the acid plant at a location prior to mixing with other gas streams routed to the Main Stack.

c. the gas stream exiting the secondary baghouse at a location prior to mixing with other gas streams routed to the Main Stack.

d. the gas stream collected by the tertiary hooding at a location prior to mixing with other gas streams routed to the Main Stack.

e. the gas stream exiting the vent gas baghouse at a location prior to mixing with other gas streams routed to the Main Stack.

2. Subsequent performance tests on the gas streams specified in subsection (E)(1) shall be conducted at least annually.

3. Performance tests shall be conducted under such conditions as the Department specifies to the owner or operator based on representative performance of the affected sources and in accordance with 40 CFR 60, Appendix A, Reference Method 29.

4. At least 30 calendar days prior to conducting a performance test pursuant to subsection (E)(1), the owner or operator shall submit a test plan, in accordance with R18-2-312(B) and the Arizona Testing Manual, to the Department for approval. The test plan must include the following:

a. Test duration;

b. Test location(s);

c. Test method(s), including those for test method performance audits conducted in accordance with subsection (E)(6); and

d. Source operation and other parameters that may affect the test result.

5. The owner or operator may use alternative or equivalent performance test methods as defined in 40 CFR § 60.2 when approved by the Department and EPA Region IX, as applicable, prior to the test.

6. The owner or operator shall include a test method performance audit during every performance test in accordance with 40 CFR § 60.8(g).

F. Compliance Demonstration Requirements.

1. For purposes of determining compliance with the Main Stack emission limit in subsection (C), the owner or operator shall calculate the combined lead emissions in pounds per hour from the gas streams identified in subsection (E)(1) based on the most recent performance tests conducted in accordance with subsection (E).

2. The owner or operator shall determine compliance with the requirements in subsection (D)(2) as follows:

a. Maintaining and operating the emissions capture and control equipment in accordance with the capture system and control device operations and maintenance plan required in subsection (D)(2) and recording operating parameters for capture and control equipment as required in subsection (D)(2)(b); and

b. Conducting a fugitive emissions study in accordance with Appendix 14 starting not later than 6 months after completion of the Converter Retrofit Project authorized by Significant Permit Revision No. 60647. The fugitive emissions study shall demonstrate, as set forth in Appendix 14, that fugitive emissions from the smelter are consistent with estimates used in the attainment demonstration in the Hayden 2008 Lead National Ambient Air Quality Standards Nonattainment Area SIP.

3. The owner or operator shall include periods of startup, shutdown, malfunction, or other upset conditions when determining compliance with the emission limit in subsection (C).

G. Recordkeeping. The owner or operator shall maintain the following records for at least five years and keep on-site for at least two years:

1. All records as specified in the operations and maintenance plan required under subsection (D)(2).

2. All records of major maintenance activities and inspections conducted on emission units, capture systems, monitoring devices, and air pollution control equipment, including those set forth in the operations and maintenance plan required by subsection (D)(2).

3. All records of performance tests, test plans, and audits required by subsection (E).

4. All records of compliance calculations required by subsection (F).

5. All records of fugitive emission studies and study protocols conducted in accordance with Appendix 14.

6. All records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of concentrate drying, smelting, converting, anode refining, and casting emission units; and any malfunction of the associated air pollution control equipment that is inoperative or not operating correctly.

7. All records of reports and notifications required by subsection (H).

H. Reporting. The owner or operator shall provide the following to the Department:

Notification of commencement of construction of any equipment necessary to comply with the operational or emission limits.

2. Semiannual progress reports on construction of any such equipment postmarked by July 30 for the preceding January-June period and January 30 for the preceding July-December period.

3. Notification of initial startup of any such equipment within 15 business days of such startup.

4. Whenever the owner or operator becomes aware of any exceedance of the emission limit set forth in subsection (C), the owner or operator shall notify the Department orally or by electronic or facsimile transmission as soon as practicable, but no later than two business days after the owner or operator first knew of the exceedance.

5. Within 30 days after the end of each calendar-year quarter, the owner or operator shall submit a quarterly report to the Department for the preceding quarter that shall include dates, times, and descriptions of deviations when the owner or operator operated smelting processes and related control equipment in a manner inconsistent with the operations and maintenance plan required by subsection (D)(2).

6. Reports from performance testing conducted pursuant to subsection (E) shall be submitted to the Department within 60 calendar days of completion of the performance test. The reports shall be submitted in accordance with the Arizona Testing Manual and A.A.C. R18-2-312(A).

History

• New Section made by final rulemaking at 23 A.A.R. 767, effective 4/7/2017.

Ariz. Admin. Code § R18-2-B1301.01 Limits on Lead-Bearing Fugitive Dust from the Hayden Smelter

A. Applicability.

1. This Section applies to the owner or operator of the Hayden Smelter.

Effective Date. Except as otherwise provided, the requirements of this Section shall become applicable on December 1, 2018.

B. Definitions. In addition to definitions contained in R18-2-101 and R18-2-B1301, the following definitions apply to this Section:

1. "Acid plant scrubber blowdown drying system" means the process in which Venturi scrubber blowdown solids are dried and packaged via a thickener, filter press, electric dryer, and supersack filling stations.

2. "Control measure" means a piece of equipment used, or actions taken, to minimize lead-bearing fugitive dust emissions that would otherwise be released to the atmosphere. Control equipment may include, but are not limited to, wind fences, chemical dust suppressants, and water sprayers. Actions may include, but are not limited to, relocating sources, curtailing operations, or ceasing operations.

3. "Hayden Lead Nonattainment Area" means the townships in Gila and Pinal Counties, as identified and codified in 40 CFR § 81.303, that are designated nonattainment for the 2008 Lead National Ambient Air Quality Standards.

4. "High wind event" means any period of time beginning when the average wind speed, as measured at a meteorological station maintained by the owner or operator that is approved by the Department, is greater than or equal to 15 miles per hour over a 15 minute period, and ending when the average wind speed, as measured at the approved meteorological station maintained by the owner or operator, falls below 15 miles per hour over a 15 minute period.

5. "Lead-bearing fugitive dust" means uncaptured and/or uncontrolled particulate matter containing lead that is entrained in the ambient air and is caused by activities, including, but not limited to, the movement of soil, vehicles, equipment, and wind.

6. "Material pile" means material, including concentrate, uncrushed reverts, crushed reverts, and bedding material, that is stored in a pile outside a building or warehouse and is capable of producing lead-bearing fugitive dust.

7. "Non-smelting process sources" means sources of lead-bearing fugitive dust that are not part of the hot metal process, which includes smelting in the INCO flash furnace, converting, and anode refining and casting. Non-smelting process sources include storage, handling, and unloading of concentrate, uncrushed reverts, crushed reverts, and bedding material; acid plant scrubber blowdown solids; and paved and unpaved roads.

8. "Ongoing visible emissions" means observed emissions to the outside air that are not brief in duration.

9. "Road" means any surface on which vehicles pass for the purpose of carrying people or materials from one place to another in the normal course of business at the Hayden Smelter.

10. "Slag" means the inorganic molten material that is formed during the smelting process and has a lower specific gravity than copper-bearing matte.

11. "Slag hauler" means any vehicle used to transport molten slag.

12. "Storage and handling" means all activities associated with the handling and storage of materials that take place at the Hayden Smelter, including, but not limited to, stockpiling, transport on conveyor belts, transport or storage in rail cars, crushing and milling, arrival and handling of offsite concentrate, bedding, and handling of reverts.

"Trackout/carry-out" means any materials that adhere to and agglomerate on the surfaces of motor vehicles, haul trucks, and/or equipment (including tires) and that may then fall onto the road.

C. Operational Standards.

1. Equipment operations. At all times, the owner or operator shall operate and maintain all non-smelting process sources, including all associated air pollution control equipment, control measures, and monitoring equipment, in a manner consistent with good air pollution control practices for minimizing lead-bearing fugitive dust, and in accordance with the fugitive dust plan required by subsection (C)(2) and performance and housekeeping requirements in subsection (D). A determination of whether acceptable operating and maintenance procedures are being used shall be based on all available information to the Department and EPA Region IX, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures and records, review of fugitive dust plans, and inspection of the relevant equipment.

2. Fugitive dust plan. The owner or operator shall develop, implement, and follow a fugitive dust plan that is designed to minimize lead-bearing fugitive dust from non-smelting process sources. At minimum, the fugitive dust plan shall contain the following:

a. Performance and housekeeping requirements in subsection (D).

b. Design plans and specifications for each wind fence to be installed to control lead-bearing fugitive dust from non-smelting process sources identified in subsections (D)(11) through (D)(14). The dust plan shall contain height limits for the materials being stored in each wind fence, consistent with the design plans and specifications for that particular wind fence. Wind fence design and specifications shall:

i. Require full encircling of the source to be controlled, with reasonable and sufficient openings for ingress and egress;

ii. Consider the orientation of the wind fence to the prevailing winds;

iii. Consider the strength of the winds in the area where the fence will be located;

iv. Consider the porosity of the material to be used, which shall not exceed 50 percent; and

v. Consider the height of the fence relative to the height of the material being stored. At minimum, wind fence height shall be greater than or equal to the material pile height.

c. Design plans and specifications for each new or modified water sprayer system used to control lead-bearing fugitive dust from non-smelting process sources specified in subsections (D)(11) through (D)(14). The number, type, location, watering intensity, flow rates, and other operational parameters of the water sprayers must meet moisture content objectives for sources specified in subsections (D)(11) through (D)(14). The owner or operator may include in the dust plan an exemption to the water requirements at times when the materials are sufficiently moist or it is raining and thus there is no need for additional wetting until the next scheduled watering to meet moisture content objectives. The dust plan shall include the following for each water sprayer:

i. watering schedule;

ii. watering intensity;

iii. minimum flow rate or pressure drop;

iv. appropriate and/or continuous monitoring;

v. schedule for calibration based on the manufacturer's recommended calibration schedule;

vi. preventative maintenance schedule; and

vii. other applicable operational parameters.

d. Necessary improvements and/or modifications to material conveyor systems, along with a schedule for implementing improvements or modifications, targeted to minimize lead-bearing fugitive dust from non-smelting process sources specified in subsections (D)(11) through (D)(14), as applicable, to the greatest extent practicable. The improvements or modifications may include, but is not limited to, hooding of transfer points, utilizing water sprayers, and employing scrapers, brushes, or cleaning systems at all points where belts loop around themselves to catch and contain material before it falls to the ground.

e. Design plans for the concrete pads for the non-smelting process sources specified in subsections (D)(11) and (D)(13). The concrete pads shall be designed to capture, store, and control stormwater or sprayed water to minimize emissions to the greatest extent practicable, including curbing around the outer edges of the concrete pad where feasible.

f. Additional controls and measures for sources specified in subsections (D)(11) through (D)(14) to be implemented during high wind events. These additional controls or measures, which must include curtailment or other alteration of activity when appropriate, must be implemented at these sources during all periods of high wind.

g. Sample inspection sheets, checklists, or logsheets for each of the inspections identified in subsection (D)(6), and in accordance with the following:

i. The inspection sheets or checklists shall include:

(1) Specific descriptions of the equipment being inspected and the specific functions being evaluated;

(2) The findings of the inspection;

(3) The date, time, and location of inspections; and

(4) An identification of who performed the inspection or logged the results.

ii. The logsheets for high wind events shall include:

(1) High wind event start time;

(2) High wind event end time;

(3) Description of area or activity inspected; and

(4) Description of corrective action taken if necessary.

h. Design plans of the new acid plant scrubber blowdown drying system specified in subsection (D)(15).

i. The name and location of the meteorological station, which must be approved by the Department, that is to be used by the owner or operator for determining high wind events pursuant to subsection (B)(4) and for implementing control requirements pursuant to subsection (D)(5).

3. Plan development and revisions. The owner or operator shall develop and keep current the fugitive dust plan required by subsection (C)(2). Any plan or plan revision shall be consistent with this Section and shall be submitted to the Department for review. The initial plan shall be submitted to the Department for review no later than May 1, 2017. Plans and plan revisions shall be consistent with good air pollution control practice for fugitive dust. Except for the meteorological station to be used for high wind events pursuant to subsection (D)(5), which shall require prior approval, plans and plan revisions may be implemented upon submittal and shall remain in effect until superseded or until disapproved by the Department. Disapprovals are appealable Department actions.

D. Performance and Housekeeping Requirements. The owner or operator shall comply with these requirements at all times regardless of a fugitive dust plan.

1. Water sprayers. The owner or operator shall implement a recordkeeping system to capture sprayer operations, including identification of the particular operation, lead-bearing fugitive dust source, timing and intensity of watering, and data regarding the quantity of water used at each water sprayer.

2. Wind fences. The owner or operator shall ensure that wind fences used to control lead-bearing fugitive dust from the non-smelting process sources specified in subsections (D)(11) through (D)(14) meet the following requirements:

a. Wind fence height shall be greater than or equal to the material pile height. The allowed material pile height shall be posted in a readily visible location at each wind fence.

b. Wind fence porosity shall not exceed 50 percent.

3. Material conveyor systems. For sources specified in subsections (D)(11) through (D)(14), as applicable, the owner or operator shall:

a. Minimize conveyor drop heights to the greatest extent practicable.

b. Clean any spills from conveyors within 30 minutes of discovery. The material collected must be handled in such a way so as to minimize lead-bearing fugitive dust to the maximum extent practicable.

4. Vehicle transport of materials. The owner or operator shall maintain vehicle cargo compartments used to transport materials capable of producing lead-bearing fugitive dust so that the cargo compartment is free of holes or other openings and is covered by a tarp.

5. High wind event requirements.

a. During high wind events, the owner or operator shall evaluate the non-smelting process sources specified in subsections (D)(11) through (D)(14) for ongoing visible emissions using the appropriate logsheet for each source.

b. If ongoing visible emissions are observed, the owner or operator shall promptly wet the source of emissions with the objective of mitigating further emissions.

c. If wetting does not appear to mitigate the ongoing visible emissions to 20 percent opacity or less, the owner or operator shall postpone associated handling of the source until the high wind event has ceased.

6. Physical inspections. The owner or operator shall conduct physical inspections as follows:

a. Daily inspections of all water sprayers to make sure they are functioning and are in accordance with the dust plan;

b. Daily visual inspections of all material piles to make sure they are maintained within areas protected by a wind fence, that they are not higher than allowed for the wind fence, and to verify that moisture content requirements are met;

c. Daily inspections of all material handling areas to identify and clean up track out or spills of materials;

d. Daily inspections of conveyor systems to identify and clean up material spills;

e. Daily inspections of rumble grates sump levels;

f. Daily spot inspections of vehicles carrying lead-bearing fugitive dust-producing materials when vehicles are in use to ensure that material is not overloaded, is properly covered, and cargo compartments are intact;

g. Weekly inspections of wind fences for material integrity and structural stability;

h. Daily inspections of all paved roads to identify and clean up track out or spills of materials;

i. Daily inspections of unpaved roads in subsection (D)(10)(a) to identify areas where chemical dust suppressant coverage has broken down; and

j. Bi-weekly inspections of the acid plant scrubber blowdown drying system enclosure.

7. Opacity limit and Method 9 readings.

a. Opacity from lead-bearing fugitive dust emissions shall not exceed 20 percent from any part of the facility at any time. Opacity shall be determined by using 40 CFR 60, Appendix A, Reference Method 9, except for unpaved roads, in which opacity shall be determined pursuant to subsection (D)(10)(c).

b. In the event that an employee observes ongoing visible emissions at a non-smelting process source covered by this Section, that employee shall promptly contact a Reference Method 9-certified observer, who shall promptly evaluate the emissions and conduct a Reference Method 9 reading, if possible.

c. A Reference Method 9-certified observer shall conduct a weekly visible emissions survey of all non-smelting process sources covered by this Section and perform a Reference Method 9 reading for any plumes that on an instantaneous basis appear to exceed 15 percent opacity.

8. Corrective actions.

a. At any time that visible emissions from the non-smelting process sources covered by this Section appear to exceed 15 percent opacity, the owner or operator shall take prompt corrective action to identify the source of the emissions and abate such emissions, with the corrective action starting within 30 minutes after discovery. For any non-smelting process source that produces visible emissions that appear to exceed 15 percent opacity, the owner or operator shall perform an analysis of the root cause, and implement a strategy designed to prevent, to the extent feasible, the ongoing recurrence of the source of visible emissions. Within 14 days of completion of its analysis, if appropriate, the owner or operator shall modify the fugitive dust plan in subsection (C)(2) for any changes identified from the analysis differing from the current provisions of the fugitive dust plan.

b. At any time that the owner or operator becomes aware that provisions of the fugitive dust plan and/or performance and housekeeping provisions required by this Section are not being met, the owner or operator shall take prompt action to return to compliance, which may include modifications to monitoring, recordkeeping, and reporting requirements in the fugitive dust plan. This includes, but is not limited to, the following actions:

i. Return water sprayers to full operational status;

ii. Repair damaged conveyor hoodings or oter enclosures;

iii. Apply additional water to ensure that sources are meeting moisture content requirements;

iv. Clean any trackout or spillage of dust-producing material, including dropoff of dust producing material from conveyors, using a street sweeper, vacuum, or wet broom with sufficient water and at the speed recommended by the manufacturer;

v. Reapplication of chemical dust suppressants in areas where the coating has broken down on unpaved roads; and

vi. Revisions to the fugitive dust plan to undertake improved monitoring, recordkeeping, and reporting requirements necessary to ensure that the controls contained in the fugitive dust plan are being implemented as contemplated by the fugitive dust plan.

9. Paved Roads These requirements apply to all roads at the facility currently paved and roads to be paved in the future. The owner or operator shall:

a. Clean roads at least once daily with a sweeper, vacuum, or wet broom in accordance with applicable manufacturer recommendations.

b. Maintain the integrity of the road surface.

c. Cleanup trackout and carry-out of material on the following schedule:

i. As expeditiously as practicable, when trackout and carry-out extends a cumulative distance of 50 linear feet or more; and

ii. At the end of the workday, for all other trackout and carry-out.

d. Comply with a speed limit not to exceed 15 miles per hour for all vehicular traffic. At minimum, speed limit signs shall be posted at all entrances and truck loading and unloading areas and/or at conspicuous areas along the roadway.

10. Unpaved Roads. These requirements apply to the unpaved roads identified in subsections (D)(10)(a)(i) through (D)(10)(a)(iii) below including any access points where the unpaved roads adjoin paved roads and any areas of vehicular handling of material.The owner or operator shall:

a. Implement a chemical dust suppressant application intensity and schedule, which at minimum shall be:

i. For the slag hauler road and all other unpaved roads used or to be used by the slag hauler, chemical dust suppressant shall be applied at least once per week during the summer, and once per every two weeks during the winter.

ii. For the main road to the secondary crusher, chemical dust suppressant shall be applied at least once every six weeks, year-round.

iii. For unpaved roads near reverts and silica flux crushing operations, chemical dust suppressant shall be applied at least once per two weeks during the summer, and once per month in the winter

b. Increase the frequency of chemical dust suppressant application if necessary to reduce fugitive dust emissions from unpaved roads.

c. Not allow visible emissions to exceed 20 percent opacity and shall not allow silt loading equal to or greater than 0.33 oz/ft2. However, if silt loading is equal to or greater than 0 33 oz/ft2, then the owner or operator shall not allow the average percent silt content to exceed 6 percent. Compliance with these requirements shall be determined by the test methods described in Appendix 15.

d. Maintain sufficient watering trucks and personnel to operate such trucks to be employed as an interim measure whenever visible emissions or a breakdown in dust suppressant covering are observed at any point along the treated unpaved road system.

e. Immediately, but no later than 30 minutes after initial observation of any visible emissions, apply water or chemical dust suppressant to the portion of the unpaved road where the visible emissions were observed.

f Reapply chemical dust suppressant within 24 hours of discovery of any area where the surface chemical dust suppressant coverage has broken down.

g. Collect and prevent from becoming airborne any runoff or material from rinsing or sweeping as soon as practicable.

h.Comply with a speed limit not to exceed 15 miles per hour for all vehicular traffic. At minimum, speed limit signs shall be posted at all entrances and truck loading and unloading areas and/or at conspicuous areas along the roadway.

11. Concentrate Storage, Handling, and Unloading. The owner or operator shall:

a. Consolidate and manage all concentrate storage piles in one or more concrete storage pads.

b. Store concentrate in an area with a wind fence in accordance with requirements set forth in the fugitive dust plan and pursuant to subsection (D)(2).

c. Maintain water sprayer in accordance with requirements set forth in the fugitive dust plan and to ensure the surfaces of concentrate piles are wetted to maintain a nominal 10 percent surface moisture content as determined from representative samples using ASTM Method D2216-10 or other equivalent methods approved by the Department and EPA Region IX.

d. Minimize the footprint of the concentrate storage piles by pushing into the stockpile with a front end loader and sweeping open areas of the pads with a self-powered vacuum sweeper at least daily during use.

Uncrushed Reverts Handling and Storage. The owner or operator shall:

a. Manage uncrushed revert material only in areas protected by a wind fence in accordance with requirements set forth in the fugitive dust plan and pursuant to subsection (D)(2).

b. Maintain water sprayers in accordance with requirements set forth in the fugitive dust plan and to ensure the surface of uncrushed revert material is wetted with the objective to minimize lead-bearing fugitive dust emissions to the greatest extent practicable.

13. Reverts Crushing Operations and Crushed Reverts Storage. The owner or operator shall:

a. Crush revert and store crushed revert only on one or more concrete pads.

b. Crush revert and store crushed revert only within an area protected by a wind fence in accordance with requirements set forth in the fugitive dust plan and pursuant to subsection (D)(2).

c. Maintain water sprayers in accordance with requirements set forth in the fugitive dust plan and to ensure the surfaces of all crushed revert material, including revert managed after it is crushed, is wetted to maintain a nominal 10 percent surface moisture content as determined from representative samples using ASTM Method D2216-10 or other equivalent methods approved by the Department and EPA Region IX

d. By October 2017, relocate all revert crushing operations to 33º 00' 25.84" N, 110º 46' 26.55" W and shall crush revert only at this new location.

14. Bedding Operations, Including Handling, Storage, and Unloading. The owner or operator shall:

a. Perfom all bedding activities, including loading and unloading of materials to be blended, only within an area protected by a wind fence in accordance with requirements set forth in the fugitive dust plan and pursuant to subsection (D)(2). These activities include the storage and handling areas for potentially lead-bearing fugitive dust-producing material within the bedding plant area.

b. Maintain water sprayers in accordance with requirements set forth in the fugitive dust plan and to ensure the surfaces of material in the bedding area is wetted to maintain a nominal 10 percent surface moisture content as determined from representative samples using ASTM Method D2216-10 or other equivalent methods approved by the Department and EPA Region IX.

c. Maintain rumble grates at all of the bedding plant's entrances and exits to shake off material on the loader tires as they enter and exit the area. Material that is tracked out of the bedding area must be cleaned up at the end of the workday.

d. Operate its bedding activities in a manner designed to avoid any trackout outside an area protected by a wind fence. Areas of material spillage or trackout, whether inside or outside of an area protected by a wind fence, shall be rinsed or cleaned daily.

15. Acid Plant Scrubber Blowdown Drying System.

a. The owner or operator shall dry acid plant scrubber blowdown solids only in an enclosed system that uses a venturi scrubber, thickener, filter press, and electric dryer that is maintained under negative pressure at all times that materials are being dried.

b. The owner or operator shall maintain the negative pressure of the electric dryer using a 2,500 ACFM dryer ventilation fan that must run at all times the electric dryer is operational. Monitoring of the negative pressure shall be demonstrated through the run and stop states of the ventilation fan and electric dryer

c. The acid plant scrubber blowdown drying system shall include the following elements:

i. Venturi scrubber slurry that reports to a new thickener

ii. Underflow from the thickener that goes to a filter press for further liquid removal, with the resulting filter cake sent to two electric dryers operating in parallel to provide final drying of the dust cake.

iii. Exhaust from the dryers sent to the packed gas cooling tower inlet duct.

iv. Dried cake discharged directly into bags.

d. The owner or operator shall clean all areas previously used for scrubber blowdown drying and no longer use previous areas for scrubber blowdown drying.

E. Contingency Requirements.

1. If the owner or operator does not meet the compliance schedule below in subsection (E)(3), or if the Hayden Lead Nonattainment Area does not attain the 2008 Lead National Ambient Air Quality Standards by the attainment date established in the Act, whichever occurs first, then the owner or operator shall increase the paved road cleaning frequency specified in subsection (D)(9) to twice per day.

2. The owner or operator shall implement the contingency measure in subsection (E)(1) within 60 days of notification by EPA Region IX of either a failure to meet the compliance schedule in subsection (E)(3) or a failure to attain by the attainment date established in the Act, whichever occurs first.

3. The compliance schedule is as follows. The Fugitive Dust Plan referred to in the compliance schedule shall mean the Fugitive Dust Plan submitted to the Administrator by the owner or operator to comply with requirements set forth in Consent Decree No. CV-15-02206-PHX-DLR, which became effective on December 30, 2015 in the United States District Court for the District of Arizona, as that plan may be later revised pursuant to subsection (C)(3):

| Control Measure | Date of Implementation | | --- | --- | | Implementation of chemical dust suppression for unpaved roads. | Within 30 days of Administrator approval of application intensity and schedules in Fugitive Dust Plan. | | Implementation of wind fences for materials piles (uncrushed reverts, reverts crushing and crushed reverts, bedding materials, and concentrate). | Within 120 days of Administrator approval of the Fugitive Dust Plan or the date of completion in the approved Fugitive Dust Plan, whichever is later. | | Implementation of water sprays for materials piles (uncrushed reverts, reverts crushing and crushed reverts, bedding materials, and concentrate). | Within 120 days of Administrator approval of the Fugitive Dust Plan or the date of completion in the approved Fugitive Dust Plan, whichever is later. | | Implementation of new acid plant scrubber blowdown drying system. | November 30, 2016 | | Implementation of new primary, secondary, and tertiary hooding systems for converter aisle for purposes of complying with requirements in R18-2-B1301. | July 1, 2018 | | Implementation of new ventilation system for matte tapping and slag skimming for flash furnace for purposes of complying with requirements in R18-2-B1301. | July 1, 2018 |

F. Ambient Air and Meteorological Monitoring Requirements.

1. The owner or operator shall conduct ambient air monitoring and sampling for lead as follows:

a. At minimum, the owner or operator shall continue to maintain and operate the ambient lead monitors located at ST-14 (the smelter parking lot), ST-23 (Hillcrest area), ST-26 (post office), and ST-18 (next to the concentrate handling area).

b. Samples must be collected continuously at all monitor sites specified in subsection (F)(1)(a). For the purposes of this requirement, "continuously" means that 24-hour filters are placed and collected at minimum, every six calendar days at all sites consistent with 40 CFR § 58.12.

c. The owner or operator shall follow the Hayden Smelter's Quality Assurance Project Plan (QAPP) applicable to these monitors.

d. The monitors must be operated and maintained in accordance with 40 CFR 58, Appendix A.

e. The owner or operator shall submit each filter removed from each monitor to a certified laboratory for analysis no later than 18 calendar days after the filter's removal. The owner or operator shall ensure that the laboratory performs its analysis and submits the results to the owner or operator no later than 21 calendar days from the lab's receipt of the filter.

f. The owner or operator shall calculate, update, and maintain as a record the following data within 14 calendar days of receipt of any results pertaining to the monitor filters received from a certified lab:

i. The total pollutants on the filters collected and analyzed; and

ii. Calculations of 30-day rolling average ambient air levels of lead for the ST-23, ST-26, and ST-18 monitors, and 60-day rolling average ambient air levels of lead for the ST-14 monitor, expressed as µg/m3.

g. The owner or operator shall retain lead samples collected pursuant to this Section for at least three years. The samples shall be stored in individually sealed containers and labeled with the applicable monitor and date. Upon request, the samples shall be provided to the Department within five business days.

2. The owner or operator shall conduct meteorological monitoring as follows:

a. Continuously monitor and record wind speed and direction data using equipment and a meteorological station approved by the Department.

b. The owner or operator shall calculate and record average wind speed in miles per hour over 15 minutes, rolled each minute.

c. Conduct wind speed and direction measurements using methods in accordance with EPA's Quality Assurance Handbook for Air Pollution Measurement Systems, Volume I V, Meteorological Measurements, Version 2.0.

3. The ambient air and meteorological monitoring stations required by this Section may be discontinued at the end of three full calendar years after the Hayden Lead Nonattainment Area is redesignated attainment for the 2008 Lead National Ambient Air Quality Standards.

G. Compliance Demonstration Requirements. The owner or operator shall demonstrate compliance with this Section by complying with all requirements in the fugitive dust plan pursuant to subsection (C)(2) and implementing all housekeeping and performance requirements pursuant to subsection (D).

H. Recordkeeping.

1. The owner or operator shall maintain the following records for at least five years and keep on-site for at least two years:

a. Current and past fugitive dust plans required by subsection (C)(2).

b. Physical inspection sheets, checklists, and logsheets for inspections conducted in accordance with subsection (D)(6).

c. All records of opacity and stabilization tests, if any, conducted in accordance with subsection (D)(10)(c).

d. All records of surface moisture content tests, if any, conducted in accordance with subsection (D)(11), subsection (D)(13), and subsection (D)(14).

e. All records of major maintenance activities and inspections conducted on monitors required by subsection (F).

f. All records of quality assurance and quality control activities for the monitors required by subsection (F).

g. All air quality monitoring samples, rolling averages of ambient lead concentrations and necessary calculations, and data required by subsection (F).

h. All records of wind data from the meteorological station required by subsection (F).

i. All records of any periods during which a monitoring device required by subsection (F) is inoperative or not operating correctly.

j. All records of reports and notifications required by subsection (I).

2. All of the following records maintained for the purposes of the fugitive dust plan required by subsection (C)(2) must be maintained in a recordkeeping log or recordkeeping system. As part of the records, the owner or operator shall include the dates and times for each of the following observations or activities, the name of the employee documenting each activity or observation, and the nature and location of each observation activity:

a. Each instance of observed visible emissions of 15 percent opacity or greater, along with a description of any corrective action undertaken and its success.

b. Water sprayer operations, including timing and intensity of watering to be captured in the water sprayer recordkeeping system.

c. Timing, location, type, and amount of chemical suppressant and water applied to unpaved roads, and a description of the nature and timing of any additional corrective action taken, as necessary, to minimize emissions to the greatest extent practicable.

d. Timing and location of all sweeping and cleaning of trackout or spillage material.

e. Timing and location of all washdown of concrete areas.

f. Timing and location of sump cleanouts.

g. Results of all visible emissions surveys and Reference Method 9 readings.

h. Appropriate records for operating conditions, including electric dryer ventilation fan start and stop times for the newly designed acid plant scrubber blowdown drying system.

i. Calibration records for all measurement devices, including maintenance of manufacturer's manuals or other documentation for suggested calibration schedules and accuracy levels for each measurement device.

j. Dates, times, and descriptions of deviations when the owner or operator's operations was carried out in a manner inconsistent with the fugitive dust plan required by subsection (C)(2).

I. . Reporting Within 30 days after the end of each calendar-year quarter, the owner or operator shall submit a report to the Department covering the prior quarter that includes the following:

All instances where observed fugitive emissions coming from sources covered in this Section were 15 percent or greater.

2. The date of all high wind events, with an identification of the location of the reading, wind speed, and duration of the event, and a description of actions taken as a result of the event on a source-by-source basis.

3. All instances where corrective action was required with identification of the emission source involved, what triggered the corrective action, what action the owner or operator undertook to abate or mitigate the problem, and whether the corrective action achieved the intended results.

4. A summary of all times when the electronic recordkeeping system was not recording data, and a summary and indication of the period when recorded data was outside of established operating parameters.

5. A summary of progress of all new construction, installation, upgrades, or modifications to equipment or structures at the facility required by the fugitive dust plan and subsection (D), including dates of commencement and completion of construction, dates of operations of new or modified equipment or structures, and dates old or outdated equipment or structures were permanently retired.

6. Raw monitoring data and calculated ambient lead concentrations from the ambient air monitoring stations required by subsection (F).

History

• New Section made by final rulemaking at 23 A.A.R. 767, effective 4/7/2017.

Ariz. Admin. Code § R18-2-B1302 Limits on SO[2] Emissions from the Hayden Smelter

A. Applicability.

1. This Section applies to the owner or operator of the Hayden Smelter. It establishes limits on sulfur dioxide emissions from the Hayden Smelter and monitoring, recordkeeping and reporting requirements for those limits.

Effective date. Except as otherwise provided, the requirements of this Section shall become applicable on the earlier of July 1, 2018 or 180 days after completion of all project improvements authorized by Significant Permit Revision No. 60647.

B. Definitions. In addition to definitions contained in R18-2-101 and R18-2-B1301, the following definitions apply to this rule.

"Continuous emissions monitoring system" or "CEMS" means the total equipment, required under the emission monitoring provisions in this Chapter, used to sample, condition (if applicable), analyze, and to provide, on a continuous basis, a permanent record of emissions.

2. "Operating day" means any calendar day in which any of the following occurs:

a. Concentrate is smelted in the smelting furnace;

b. Copper or sulfur bearing materials are processed in the converters;

c. Blister or scrap copper is processed in the anode furnaces;

d. Molten metal, including slag, matte or blister copper, is transferred between vessels; or

e. Molten metal is cast into anodes or other intermediate or final products.

3. "Out of control period" means the time that begins with the completion of the fifth, consecutive, daily calibration drift check with a calibration drift in excess of two times the allowable limit, or the time corresponding to the completion of the daily calibration drift check preceding the daily calibration drift check that results in a calibration drift in excess of four times the allowable limit, and the time that ends with the completion of the calibration check following corrective action that results in the calibration drifts at both the zero (or low-level) and high-level measurement points being within the corresponding allowable calibration drift limit.

C. Sulfur Dioxide Emissions Limitations.

1. Emissions from the Main Stack shall not exceed 1069.1 pounds per hour on a 14-operating day average unless 1,518 pounds or less is emitted during each hour of the 14-operating day period.

2. The owner and operator shall not cause to be discharged into the atmosphere from any affected unit subject to 40 CFR 60 subpart P any gases which contain sulfur dioxide in excess of the limit set forth in 40 CFR sect; 60.163(a) (as in effect on July 1, 2016 and no later editions).

D. Operational Standards.

1. Process equipment and control device operations. At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate smelter processes and associated emission control and/or control equipment in a manner consistent with good air pollution control practices for minimizing SO₂ emissions to the levels required by subsection (C). Determination of whether acceptable operating and maintenance procedures are being used will be based on all information available to the Director and EPA Region IX, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures and records, and inspection of the relevant equipment.

2. Capture system and control device operations and maintenance plan. The owner or operator shall develop and implement an operations and maintenance plan for each capture system and/or control device used to ventilate or control process gas or emissions from the flash furnace including matte tapping, slag skimming, and slag return operations; converter primary hoods, converter secondary hoods, tertiary ventilation system, and anode refining operations. The operations and maintenance plan must address the following requirements as applicable to each capture system and/or control device.

a. Monitoring devices. The plan shall provide for installation, operation, calibration, and maintenance of appropriate monitoring devices to measure and record operating limit values or settings at all times the required capture and control system is operating, except during periods of monitor calibration, repair and malfunction. The initial plan shall provide for volumetric flow monitoring on the vent gas baghouse (inlet or outlet), each converter primary hood, each converter secondary hood, the tertiary ventilation system and the anode furnace baghouse (inlet or outlet). All monitoring devices shall be accurate within +/-10 percent and calibrated according to manufacturer's instructions. If direct measurement of the exhaust flow is infeasible due to physical limitations or exhaust characteristics, the owner or operator may propose a reliable equivalent method for approval. Initial monitoring may be adjusted as provided in subsection (D)(2)(e). Dampers that are manually set and remain in the same position while the capture system is operating are exempt from these monitoring requirements. Capture system damper position setting(s) shall be specified in the plan.

b. Operational limits. The owner or operator shall establish operating limits in the operations and maintenance plan for the capture systems and/or control devices that are representative and reliable indicators of the performance of the capture system and control device operations. The initial operating limits may be adjusted as provided in subsection (D)(2)(e). Initial operating limits shall include the following:

i. Identification of those modes of operation when the double dampers between the flash furnace vessel and the vent gas system will be closed and the interstitial space evacuated to the acid plant.

ii. A minimum air flow for the furnace ventilation system and associated damper positions for each matte tapping hood or slag skimming hood when operating to ensure that the operation(s) are within the confines or influence of the capture system.

iii. A minimum air flow for the secondary hood baghouse and associated damper positions for each slag return hood to ensure that the operation is within the confines or influence of the capture system's ventilation draft during times when the associated process is operating.

iv. A minimum air infiltration ratio for the converter primary hoods of 1:1 averaged over 24 converter Blowing hours, rolled hourly measured as volumetric flow in primary hood less the volumetric flow of tuyere Blowing compared to the volumetric flow of tuyere Blowing.

v. A minimum secondary hood exhaust rate of 35,000 SCFM during converter Blowing, averaged over 24 converter Blowing hours, rolled hourly.

vi. A minimum secondary hood exhaust rate of 133,000 SCFM during all non-Blowing operating hours, averaged over 24 non-Blowing hours, rolled hourly.

vii. A minimum negative pressure drop across the secondary hood when the doors are closed equivalent to 0.007 inches of water.

viii. A minimum exhaust rate on the tertiary hooding of 400,000 ACFM during all times material is processed in the converter aisle, averaged over 24 hours and rolled hourly.

ix. Fan amperes or minimum air flow for the anode furnace baghouse and associated damper positions for each anode furnace hood to ensure that the anode furnace off-gas port is within the confines or influence of the capture system's ventilation draft during times when the associated furnace is operating.

x. The anode furnace charge mouth shall be kept covered when the tuyeres are submerged in the metal bath except when copper is being charged to or transferred from the furnace.

xi. The temperatures of the acid plant catalyst bed, which shall at minimum, meet the manufacturer's recommendations.

xii. The acid plant catalyst replenishment criteria, which shall at minimum, meet the manufacturer's recommendations.

c. Preventative maintenance. The owner or operator must perform preventative maintenance on each capture system and control device according to written procedures specified in the operation and maintenance plan. The procedures must include a preventative maintenance schedule that is consistent with the manufacturer's or engineer's instructions, or operator's experience working with equipment, and frequency for routine and long-term maintenance. This provision does not prohibit additional maintenance beyond that required by the plan.

d. Inspections. The owner or operator must perform inspections in accordance with written procedures in the operations and maintenance plan for each capture system and control device that are consistent with the manufacturer's, engineer's or operator's instructions for each system and device.

e. Plan development and revisions.

i. The owner or operator shall develop and keep current the plan required by this Section. Any plan or plan revision shall be consistent with this Section, shall be designed to ensure that the capture and control system performance conforms to the attainment demonstration in the Hayden 2010 Sulfur Dioxide National Ambient Air Quality Standards Nonattainment Area State Implementation Plan (SIP), and shall be submitted to the Department for review. Any plan or plan revision submitted shall include the associated manufacturer's recommendations and/or instructions used for capture system and control device operations and maintenance.

ii. The owner or operator shall submit the initial plan to the Department no later than May 1, 2018 and shall include the initial volumetric flow monitoring provisions in subsection (D)(2)(a), the initial operational limits in subsection (D)(2)(b), the preventative maintenance procedures in subsection (D)(2)(c), and the inspection procedures in subsection (D)(2)(d).

iii. The owner or operator shall submit to the Department for approval a plan revision with changes, if any, to the initial volumetric flow monitoring provisions in subsection (D)(2)(a) and initial operational limits in subsection (D)(2)(b) not later than six months after completing a fugitive emissions study conducted in accordance with Appendix 14. The Department shall submit the approved changes to the volumetric flow monitoring provisions and operational limits pursuant to this subsection to EPA Region IX as a SIP revision not later than 12 months after completion of a fugitive emissions study.

iv. Other plan revisions may be submitted at any time when necessary. All plans and plan revisions shall be designed to achieve operation of the capture system and/or control device consistent with the attainment demonstration in the Hayden 2010 Sulfur Dioxide National Ambient Air Quality Standards Nonattainment Area SIP. Except for changes to the volumetric flow monitoring provisions in subsection (D)(2)(a) and operational limits in subsection (D)(2)(b), which shall require prior approval, plans and plan revisions may be implemented upon submittal and shall remain in effect until superseded or until disapproved by the Department. Disapprovals are appealable Department actions.

3. Emissions from the anode furnace baghouse stack shall be routed to the Main Stack.

E. Monitoring.

1. To determine compliance with subsection (C)(1) the owner or operator of the Hayden Smelter shall install, calibrate, maintain, and operate a CEMS for continuously monitoring and recording SO₂ concentrations and stack gas volumetric flow rates at the following locations.

a. The exit of the acid plant;

b. The exit of the secondary hood particulate control device after the High Surface Area (HSA) lime injection system;

c. The exit of the flash furnace particulate control device after the HSA lime injection system;

d. The tertiary ventilation system prior to mixing with any other exhaust streams; and

e. The anode furnace baghouse stack prior to mixing with any other exhaust streams.

2. Except during periods of systems breakdown, repairs, maintenance, out-of-control periods, calibration checks, and zero and span adjustments, the owner or operator shall continuously monitor SO₂ concentrations and stack gas volumetric flow rates at each location in subsection (E)(1).

3. For purposes of this section, continuous monitoring means the taking and recording of at least one measurement of SO₂ concentration and stack gas flow rate reading from the effluent of each affected stack, outlet, or other approved measurement location in each 15-minute period when the associated process units are operating. Fifteen-minute periods start at the beginning of each clock hour, and run consecutively. All CEMS required by subsection (E)(1) shall complete at least one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.

4. If the owner or operator can demonstrate to the Director that measurement of stack gas volumetric flow rate in the outlet of any particular piece of SO₂ control equipment would yield inaccurate results or would be technologically infeasible, then the Director may allow measurement of the flow rate at an alternative sampling point.

5. The owner or operator shall demonstrate that the CEMS required by subsection (E)(1) meet all of the following requirements:

a. The SO₂ CEMS installed and operated under this Section meets the requirements of 40 CFR 60, Appendix B, Performance Specification 2 and Performance Specification 6. The CEMS on the anode furnace baghouse stack and tertiary ventilation system shall complete an initial Relative Accuracy Test Audit (RATA) in accordance with Performance Specification 2. The RATA runs shall be tied to when the anode furnace is in use and, for the tertiary system, when the converters are in operation and/or material is being transferred in the converter aisle. Asarco may petition the Department and EPA Region IX on the criteria for subsequent RATAs for the anode furnace baghouse stack or tertiary ventilation system CEMS. The petition shall include submittal of CEMS data during the year.

b. The SO₂ CEMS installed and operated under this Section meets the quality assurance requirements of 40 CFR 60, Appendix F.

c. The owner or operator shall notify the Director in writing at least 30 days in advance of the start of the relative accuracy test audit (RATA) performed on the CEMS.

d. The Director shall approve the location of all sampling points for monitoring SO₂ concentration and stack gas volumetric flow rates and the appropriate span values for the monitoring systems. This approval shall be in writing before installation and operation of the measurement instruments.

e. The measurement system installed and used under this subsection is subject to the manufacturer's recommended zero adjustment and calibration procedures at least once per operating day unless the manufacturer specifies or recommends calibration at shorter intervals, in which case the owner or operator shall follow those specifications or recommendations. The owner or operator shall make available a record of these procedures that clearly shows instrument readings before and after zero adjustment and calibration.

f. The owner or operator shall maintain on hand and ready for immediate installation sufficient spare parts or duplicate systems for the CEMS required by this Section to allow for the replacement within six hours of any monitoring equipment part that fails or malfunctions during operation.

6. The owner or operator of the Hayden Smelter may petition the Department to substitute annual stack testing for the tertiary ventilation or the anode furnace baghouse stack CEMS if the owner or operator demonstrates, for a period of two years, that either CEMS contribute(s) less than five percent individually of the total sulfur dioxide emissions. The Department must determine the demonstration adequate to approve the petition. Annual stack testing shall use EPA Methods 1, 4, and 6C in 40 CFR 60 Appendix A or an alternate method approved by the Department and EPA Region IX. Annual stack testing shall commence no later than the one year after the date the continuous emission monitoring system was removed. The owner or operator shall submit a test protocol to the Department at least 30 days in advance of testing. The protocol shall provide for three or more 24-hour runs unless the owner or operator justifies a different period and the Department approves such different period. Reports of testing shall be submitted to the Department no later than 60 days after testing or 30 days after receipt, whichever is later. The report shall provide an emissions rate, in the form of a pound per hour or pound per unit of production factor, that shall be used in the compliance demonstration in subsection (F)(1). Except as provided herein, the owner or operator shall otherwise comply with section R18-2-312 in conducting such testing.

F. Compliance Demonstration Requirements.

1. For purposes of determining compliance with the emission limit in subsection (C)(1) the owner or operator shall calculate emissions for each operating day as follows:

a. Sum the hourly pounds of SO₂ vented to each uncontrolled shutdown ventilation flue and through each monitoring point listed in subsection (E)(1) for the current operating day and the preceding 13-operating days to calculate the total pounds of SO₂ emissions over the 14-operating day averaging period, as applicable.

b. Divide the total amount of SO₂ emissions calculated from subsection (F)(1)(a) by 336 to calculate the 14-operating day average SO₂ emissions.

c. If the calculation in subsection (F)(1)(b) exceeds 1069.1 pounds per hour, then the owner or operator shall sum the hourly pounds of SO₂ vented to each uncontrolled shutdown ventilation flue and through each monitoring point listed in subsection (E)(1) for each hour of the current operating day and each hour of the preceding 13-operating days to ascertain if any hour exceeded 1,518 pounds per hour.

2. When no valid hour or hours of data have been recorded by a continuous monitoring system required by subsections (E)(1) and (E)(2) and the associated process unit is operating, the owner or operator shall calculate substitute data for each such period according to the following procedures:

a. For a missing data period less than or equal to 24 hours, substitute the average of the hourly SO₂ concentrations recorded by the system for the hour before and the hour after the missing data period.

b. For a missing data period greater than 24 hours, substitute the greater of:

i. The 90th percentile hourly SO₂ concentrations recorded by the system during the previous 720 quality-assured monitor operating hours.

ii. The average of the hourly SO₂ concentrations recorded by the system for the hour before and the four hours after the missing data period.

c. Notwithstanding subsections (F)(3)(a) and (F)(3)(b), the owner or operator may present any credible evidence as to the quantity or concentration of emissions during any period of missing data.

3. The owner or operator shall determine compliance with the requirements in subsection (D)(2) as follows:

a. Maintaining and operating the emissions capture and control equipment in accordance with the capture system and control device operations and maintenance plan required in subsection (D)(2) and recording operating parameters for capture and control equipment as required in subsection (D)(2)(b); and

b. Conducting a fugitive study in accordance with Appendix 14 starting not later than 6 months after completion of the Converter Retrofit Project authorized by Significant Permit Revision No. 60647. The fugitive study shall demonstrate, as set forth in Appendix 14, that fugitive emissions from the smelter are consistent with estimates used in the attainment demonstration in the Hayden 2010 Sulfur Dioxide National Ambient Air Quality Standards Nonattainment Area SIP.

4. The owner or operator shall include periods of startup, shutdown, malfunction, or other upset conditions when determining compliance with the emission limits in subsection (C).

5. The owner and operator shall demonstrate compliance with the limit in subsection (C)(2) in accordance with 40 CFR §§ 60.165 and 60.166 (as in effect on July 1, 2016 and not later editions).

G. Recordkeeping.

1. The owner or operator shall maintain a record of each operation and maintenance plan required under subsection (D)(2).

2. The owner or operator shall maintain the following records for at least five years:

a. All measurements from the continuous monitoring system required by subsection (E)(1), including the date, place, and time of sampling or measurement; parameters sampled or measured; and results. All measurements will be calculated daily.

b. All records of quality assurance and quality control activities for emissions measuring systems required by subsection (E)(1).

c. All records of calibration checks, adjustments, maintenance, and repairs conducted on the continuous monitoring systems required by subsection (E); including records of all compliance calculations required by subsection (F).

d. All records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of concentrate drying, smelting, converting, anode refining and casting emission units; any malfunction of the associated air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device required by subsection (E)(1) is inoperative or not operating correctly.

e. All records of planned and unplanned shutdown ventilation flue utilization events and calculations used to determine emissions from shutdown ventilation flue utilization events if the owner or operator chooses to use the alternative compliance determination method.

f All records of major maintenance activities and inspections conducted on emission units, capture system, air pollution control equipment, and CEMS, including those set forth in the operations and maintenance plan required by subsection (D)(2).

g. All records of operating days and production records required for calculations in subsection (F).

h. All records of fugitive emissions studies and study protocols conducted in accordance with Appendix 14.

i. All records of reports and notifications required by subsection (H).

H Reporting .

The owner or operator shall notify the Director in writing at least 30 days in advance of the start of relative accuracy test audit (RATA) procedures performed on the continuous monitoring systems required by subsection (E)(1).

2. Within 30 days after the end of each calendar quarter, the owner or operator shall submit a data assessment report to the Director in accordance with 40 CFR Part 60, Appendix F for the continuous monitoring systems required by subsection (E).

3. The owner or operator shall submit an excess emissions and monitoring systems performance report or summary report form in accordance with 40 CFR § 60.7(c) to the Director quarterly for the continuous monitoring systems required by subsection (E)(1). Excess emissions means any 14-operating day average as calculated in subsection (F) in excess of the emission limit in subsection (C)(1), any period in which the capture and control system was operating outside of its parameters specified in the capture stem and control device operation and maintenance plan in subsection (D)(2). For any 14-operating day period exceeding 069.1 pounds per hour that the owner or operator claims does not exceed the limit in subsection (C)(1) because all hours in the 1 erating period are below 1,518 pounds per hour, the owner or operator shall submit the CEMS data for each hour during that period. All reports shall be postmarked by the 30th day following the end of each calendar quarter time period.

4. The owner or operator shall provide the following to the Director:

a. The owner or operator shall notify the Director of commencement of construction of any equipment necessary to comply with the operational or emission limits.

b. The owner or operator shall submit semiannual progress reports on construction of any such equipment postmarked by July 30 for the preceding January-June period and January 30 for the preceding July-December period

c. The owner or operator shall submit notification of initial startup of any such equipment within 15 business days of such startup.

I. Preconstruction review This Section is determined to be Reasonably Available Control Technology (RACT) for SO₂ emissions from the operations subject to subsection (C) for purposes of minor source NSR requirement addressed in R18-2-334.

History

• New Section made by final rulemaking at 23 A.A.R. 767, effective 4/7/2017.

Part C MIAMI, ARIZONA, PLANNING AREA

Ariz. Admin. Code § R18-2-C1301 Reserved

History

• New Section made by final rulemaking at 23 A.A.R. 767, effective 4/7/2017.

Ariz. Admin. Code § R18-2-C1302 Limits on SO[2] Emissions from the Miami Smelter

A. Applicability.

1. This Section applies to the owner or operator of the Miami Smelter It establishes limits on SO₂ emissions from the Miami Smelter and monitoring, recordkeeping and reporting requirements for those limits.

2. Effective date. Except as otherwise provided, the provisions of this Section shall take effect on the later of the effective date of the Administrator's action approving it as part of the state implementation plan or January 1, 2018.

B. Definitions. In addition to general definitions contained in R18-2-101, the following definitions apply to this rule.

1. "Capture system" means the collection of components used to capture gases and fumes released from one or more emission points, and to convey the captured gases and fumes to one or more control devices. A capture system may include, but is not limited to, the following components as applicable to a given capture system design: duct intake devices, hoods, enclosures, ductwork, dampers, manifolds, plenums, and fans.

2. "Electric furnace" means a furnace in which copper matte and slag are heated by electrical resistance without the mechanical introduction of air or oxygen.

"IsaSmelt^® furnace" means a furnace in which air, oxygen, and fuel are injected through a top-submerged lance into a molten slag bath to produce slag and copper matte.

4. "Miami Smelter" means the primary copper smelter located near Miami, Gila County, Arizona at latitude 33º24'50"N and longitude 110º51'25"W.

"Out of control period" means the time that begins with the completion of the fifth, consecutive, daily calibration drift check with a calibration drift in excess of two times the allowable limit, or the time corresponding to the completion of the daily calibration drift check preceding the daily calibration drift check that results in a calibration drift in excess of four times the allowable limit, and the time that ends with the completion of the calibration check following corrective action that results in the calibration drifts at both the zero (or low-level) and high-level measurement points being within the corresponding allowable calibration drift limit.

6. "Operating day" means any calendar day in which any of the following occurs:

a. Concentrate is smelted in th e Electric furnace or IsaSmelt^® furnace;

b. Copper or sulfur bearing materials are processed in the converters

c. Blister or scrap copper is processed in the anode furnaces or mold ; vessel;

d. Molten metal, including slag, matte or blister copper, is transferred between vessels;

e. Molten metal is cast into molds, anodes, or other intermediate or final products

f Power is provided to the electric furnace to make or maintain a molten bath; or

g The anode furnace is heated to make or maintain a molten bath.

3. Sulfu
4. Dioxide Emission Limitations. Combined SO₂ emissions

from the tail gas stack, vent fume stack, aisle scrubber stack, bypass stack,

and smelter roofline fugitives shall not exceed 142.45 pounds per hour on a

30-day rolling average basis.

D. Operational Standards.

1. Process Equipment and control device operations. At all times, including periods of startup, shutdown, and malfunction, the owner or operator shall, to the extent practicable, maintain and operate smelter processes and associated emission control devices in a manner consistent with good air pollution control practices for minimizmg SO₂ emissions from the process gases associated with the IsaSmelt^® furnace electric furnace, and converters at least to the levels required by subsection (C). Determination of whether acceptable operating and maintenance procedures are being used will be based on information available to the Director and EPA Region IX, which may include, but is not limited to, monitoring results, review of operating and maintenance procedures and records, and inspection of the relevant equipment.

2. Capture system and control device operations and maintenance plan. The owner or operator shall develop and implement an operations and maintenance plan for each capture system and control device used to ventilate or control process gas or emissions associated with the IsaSmelt^® furnace, electric furnace, and converters. The owner or operator shall submit the initial plan to the Department and EPA Region IX for review and approval by July 1, 2017.

a. The operations and maintenance plan must address the following requirements as applicable to each capture system and control device:

i. Monitoring devices. The plan shall provide for installation, operation, calibration, and maintenance of appropriate monitoring devices to measure and record operating limit or range values at all times the required system is operating. Dampers that are manually set and remain in the same position while the capture system is operating are exempt from these monitoring requirements.

ii. Operational limits and ranges. The owner or operator shall establish operating limits and ranges in the plan for each capture system and control device that are representative and reliable indicators of capture system performance and control device operation. If selected as an operational limit or range, capture system damper position settings shall be specified in the plan.

iii. Preventative maintenance. The owner or operator must perform preventative maintenance for each capture system and control device according to written procedures in the plan. The procedures must include a preventative maintenance schedule that is consistent with the manufacturer's or engineer's instructions and specified frequency for routine and long-term maintenance.

iv. Inspections. The owner or operator must perform inspections in accordance with written procedures in the plan for each capture system and control device, including position verification of any manual damper settings specified in the plan, that are consistent with the manufacturer's or engineer's instructions for each system and device

b. The owner or operator shall operate and maintain each capture system and each control device in accordance with the plan required by subsection (D)(2) and as approved by the Department and EPA Region IX, except as provided herein. Until receiving initial approval of the plan, the owner or operator shall operate and maintain each capture system and each control device in accordance with the plan as initially submitted pursuant to subsection (D)(2). The owner or operator shall submit plan revisions for review by the Department and EPA Region IX. At any time, the Department and/or EPA Region IX may require the owner or operator to revise the plan if determined to be inconsistent with subsection (D)(2a). Within 60 days of receiving written notification from the Department or EPA Region IX specifying such inconsistency)( the owner or operator shall submit a proposal to the Department and EPA Region IX that addresses the inconsistency. The owner or operator shall maintain a current copy of the plan onsite and available for review and inspection upon request.

E. Monitoring.

1. To determine compliance with subsection (C), the owner or operator shall install, calibrate, maintain, and operate contuous monitoring systems to monitor and record SO₂ concentrations and stack gas volumetric flow rates at the following locations.

a. The acid plant tail gas stack;

b. The vent fume stack;

c. The aisle scrubber stack; and

d. The bypass stack.

2. To determine compliance with the emission limit in subsection (C), the owner or operator shall install, calibrate, maintain, and operate a continuous monitoring system to monitor and record fugitive SO₂ a concentrations at the Miami Smelter roofline.

Except during periods of continuous monitoring system breakdown, repairs, maintenance, out-of-control periods, calibration checks, and zero and span adjustments, the owner or operator shall continuously monitor SO₂ concentrations and stack gas volumetric flow rates at each location specified in subsection (E)(1) and use the monitored concentrations and volumetric flow rates when demonstrating compliance with the SO₂ or emission limit in subsection (C) in accordance with subsection (F).

4. Except during periods of continuous monitoring system breakdown, repairs, maintenance, out-of-control periods, calibration checks and zero and span adjustments, the owner or operator shall continuously monitor fugitive SO₂ emissions at the Miami Smelter roofline and use the monitored concentrations and volumetric flow rates when demonstrating compliance with the SO₂ emission limit in subsection (C) in accordance with subsection (F).

5. For purposes of subsections (E)(3) and (E)(4), continuous monitoring means the taking and recording of at least one measurement of SO₂ concentration and stack gas flow rate reading from the effluent of each affected stack, outlet, or other approved measurement location in each 15-minute period when the associated process units are operating. Fifteen-minute periods start at beginning of each clock hour, and run consecutively. All continuous monitoring systems required by subsection (E)(1) shall complete at least one cycle of operation (sampling, analyzing, and data recording) for each successive 15-minute period.

6. If the owner or operator can demonstrate to the Director and EPA Region IX that measurement of stack gas volumetric flow rate in the outlet of any particular piece of SO₂ control equipment would yield inaccurate results or would be technologically infeasible, then the Director and EPA Region IX may allow measurement of the flow rate at an alternative sampling point.

7. The owner or operator shall demonstrate that the continuous monitoring systems required by subsection (E)(1) meet all of the following requirements:

a. Each SO₂ continuous monitoring system shall meet the specifications under 40 CFR 60, Appendix B, Performance Specification 6.

b. Each SO₂ continuous monitoring system installed and operated under this Section shall also meet the quality assurance requirements of 40 CFR 60, Appendix F, Procedure 1.

c. The owner or operator shall notify the Director in writing at least 30 days in advance of the start of the relative accuracy test audit (RATA) procedures performed on each continuous monitoring system.

d. The Director shall approve the location of all sampling points for monitoring SO₂ concentrations and stack gas volumetric flow rates in writing before installation and operation of measurement instruments.

e. The span of each continuous monitoring system for the acid plant tail stack, vent fume stack, and aisle scrubber stack shall be set at a SO₂ concentration of zero to 0.20 percent by volume.

f. The span of the continuous monitoring system for the bypass stack shall be set at a SO₂ concentration of zero to 20 percent by volume.

g. The zero (or low-level value between 0 and 20 percent of the span value) and span (50 to 100 percent of span value) calibration drifts shall be checked at least once each operating day in accordance with a written procedure. The zero and span must, at a minimum, be adjusted whenever either the 24-hour zero drift or the 24-hour span drift exceeds two times the limit in 40 CFR Part 60, Appendix B, Performance Specification 2. The system must allow the amount of the excess zero and span drift to be recorded and quantified.

h. The owner or operator shall maintain on hand and ready for immediate installation sufficient spare parts or duplicate systems for the continuous monitoring system equipment required by this Section to allow for the replacement within six hours of any monitoring system equipment part that fails or malfunctions during operation.

8. The owner or operator shall develop and implement a roofline fugitive emissions monitoring plan for the continuous monitoring system required by subsection (E)(2). The owner or operator shall submit the initial plan to the Department and EPA Region IX for review and approval by July 1, 2017.

a. The roofline fugitive emissions monitoring plan must address the following requirements:

i. The continuous monitoring system required by subsection (E)(2) must include measurement of fugitive emissions from, at a minimum, the Converter, Electric Furnace, Anode Furnace, and IsaSmelt^® systems that is representative of total fugitive emissions.

ii. Each measurement system shall include at least one SO₂ analyzer and sufficient sampling locations that ensure collection of a representative sample along the roof monitor for each monitor system. The number of sample probes and their locations for each monitoring system shall account for the physical configuration of the vent, the locations of emitting activities relative to the vent, and heat generated by the equipment served by the vent.

iii. Each measurement system shall include validation of adequate velocity for flow measurements and sufficient flow and temperature sensors to ensure calculation of representative exhaust flows through each vent. The number of such sensors and their locations for each monitoring system shall account for the physical configuration of the vent, the locations of emitting activities relative to the vent, and heat generated by the equipment served by the vent.

iv. Each measurement system shall include an on-site data collection system that continuously logs and stores the measured SO₂ concentration, the measured flow velocity, and the measured temperature.

v. An appropriate range for zero-span drift shall be established for all SO₂ analyzers to ensure proper calibration and operation. Unless otherwise provided in the roofline fugitive emissions monitoring plan required by subsection (E)(8), the zero (or low-level) value determination shall be made using a gas containing between zero to 20 percent of the span value for SO₂ and the span (or high-level) value determination shall be made using a certified gas with a value between 50 and 100 percent of the span value for SO₂. For each SO₂ analyzer, a daily zero-span check shall be performed by introducing zero gas and a known concentration of span gas to the analyzer. If the zero or span drift for an analyzer is greater than five percent of the span gas concentration for five consecutive days or greater than 10 percent of the span gas concentration for one day, the analyzer shall be found to be operating improperly and appropriate measures shall be taken to return the analyzer to proper operation. The zero-span check shall be repeated after any such corrective action is taken.

vi. All SO₂ analyzers shall be inspected quarterly by the owner or operator and inspected annually by an independent auditor. The inspections shall be conducted in accordance with the data accuracy assessment requirements of 40 CFR 60, Appendix F, Procedure 1,Section 5 or as otherwise provided in the roofline fugitive emissions monitoring plan required by subsection (E)(8). The quarterly inspections consist of two certified concentrations of SO₂ to each sample probe system and comparing the known concentrations to the concentrations logged by the corresponding on-site data collection system to generate a relative error for each system.

vii. The flow and temperature data shall be checked daily for proper operation of flow and temperature sensors in accordance with the roofline fugitive emissions monitoring plan required by subsection (E)(8). If a flow or temperature sensor is found to be operating improperly, appropriate measures shall be taken to return the sensor to proper operation.

viii. All temperature sensors shall be inspected annually. The inspection shall be conducted according to the manufacturer's specification. A temperature sensor tolerance range representative of proper sensor operation shall be established in the roofline fugitive emissions monitoring plan required by subsection (E)(8). If a temperature sensor is found to measure outside of an established tolerance range, the sensor shall be found to be operating improperly and appropriate measures shall be taken to return the sensor to proper operation.

ix. All flow sensors shall be calibrated semi-annually with calibration tools according to the manufacturer's specifications. A calibration tool range representative of proper sensor operation shall be established in the roofline fugitive emissions monitoring plan required by subsection (E)(8). If a flow sensor is found to measure outside of an established range, the sensor shall be found to be operating improperly and appropriate measures shall be taken to return the sensor to proper operation.

b. The owner or operator shall operate and maintain the continuous monitoring system required by subsection (E)(2) in accordance with the roofline fugitive emissions monitoring plan required by subsection (E)(2) and as approved by the Department and EPA Region IX, except as provided herein. Until receiving initial approval of the plan, the owner or operator shall operate and maintain the continuous monitoring system required by subsection (E)(2) in accordance with the plan as initially submitted pursuant to subsection (E)(2). The owner or operator shall keep the plan current and consistent with subsection (E)(8)(a). The owner or operator shall maintain a current copy of the plan onsite and available for review and inspection upon request. The Department and/or EPA Region IX may require the owner or operator to revise the plan if determined to be inconsistent with subsection (E)(8)(a). Within 60 days of receiving written notification from the Department or EPA Region IX specifying such inconsistency, the owner or operator shall submit a proposal to the Department and EPA Region IX that addresses the inconsistency.

F. Compliance Demonstration Requirements.

1. Within 180 days of the effective date set forth in subsection (A)(2), the owner or operator shall demonstrate compliance with the emission limit in subsection (C) by calculating SO₂ emissions for each operating day as follows:

a. Sum the hourly pounds of SO₂ measured by the continuous monitoring systems required by subsection (E)(1) and (E)(2) for the current operating day and the preceding 29 operating days to calculate the total pounds of SO₂ emissions over the 30-operating day averaging period.

b. Multiply the operating days occurring during a 30-day averaging period by 24 to calculate the total operating hours over the most recent 30-operating day period.

c. Divide the total amount of SO₂ emissions calculated from subsection (F)(1)(a) by the total operating hours calculated from subsection (F)(1)(b) to calculate the 30-day rolling hourly average SO₂ emissions.

2. For the continuous monitoring systems required by subsections (E)(1) and (E)(2), hourly emissions shall be computed as follows:

a. Except as provided under subsection (F)(2)(c), for a full operating hour (any clock hour with 60 minutes of unit operation), at least four valid data points are required to calculate the hourly average, i.e., one data point in each of the 15-minute quadrants of the hour.

b. Except as provided under subsection (F)(2)(c), for a partial operating hour (any clock hour with less than 60 minutes of unit operation), at least one valid data point in each 15-minute quadrant of the hour in which the unit operates is required to calculate the hourly average.

c. For any operating hour in which required maintenance or quality-assurance activities are performed:

i. If the unit operates in two or more quadrants of the hour, a minimum of two valid data points, separated by at least 15 minutes, is required to calculate the hourly average; or

ii. If the unit operates in only one quadrant of the hour, at least one valid data point is required to calculate the hourly average.

d. If a daily calibration error check is failed during any operating hour, all data for that hour shall be invalidated, unless a subsequent calibration error test is passed in the same hour and the requirements of subsection (F)(2)(c) are met, based solely on valid data recorded after the successful calibration.

e. For each full or partial operating hour, all valid data points shall be used to calculate the hourly average.

f. Data recorded during periods of continuous monitoring system breakdown, repair, maintenance, out of control periods, calibration checks, and zero and span adjustments shall not be included in the data averages computed under subsection (F)(3).

g. Either arithmetic or integrated averaging of all data may be used to calculate the hourly average. The data may be recorded in reduced or non-reduced form.

3. When no valid hour or hours of data have been recorded by a continuous monitoring system required by subsections (E)(1) and (E)(2) and the associated process unit is operating, the owner or operator shall calculate substitute data for each such period according to the following procedures:

a. For a missing data period less than or equal to 24 hours, substitute the average of the hourly SO₂ concentrations recorded by the system for the hour before and the hour after the missing data period.

b. For a missing data period greater than 24 hours, substitute the greater of:

i. The 90th percentile hourly SO₂ concentrations recorded by the system during the previous 720 quality-assured monitor operating hours; or

ii. The average of the hourly SO₂ concentrations recorded by the system for the hour before and the hour after the missing data period.

4. The owner or operator shall include periods of startup, shutdown, malfunction, or other upset conditions when determining compliance with the emission limit in subsection (C).

G. Recordkeeping.

1. The owner or operator shall maintain records as specified in the capture system and control device operations and maintenance plan required under subsection (D)(2) and the roofline fugitive emissions monitoring plan required under subsection (E)(8).

2. The owner or operator shall maintain the following records for at least five years:

a. All measurements from the continuous monitoring systems required by subsection (E)(1) and (E)(2); including the date, place, and time of sampling or measurement, parameters sampled or measured, and results.

b. All records of all compliance calculations required by subsection (F).

c. All records of quality assurance and quality control activities conducted on the continuous monitoring systems required by subsection (E)(1) and (E)(2).

d. All records of continuous monitoring system breakdowns, repairs, maintenance, out of control periods, calibration checks, and zero and span adjustments for the continuous monitoring systems required by subsection (E)(1) and (E)(2).

e. All records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of Smelter processes; any malfunction of the associated air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device required by subsection (E)(1) and (E)(2) is inoperative.

f. All records of all major maintenance activities conducted on emission units, capture system, air pollution control equipment, and continuous monitoring systems; including those set forth in the operations and maintenance plan required by subsection (D)(2).

g. All records of reports and notifications required by subsection (H).

H. Reporting

1. Within 30 days after the end of each calendar quarter, the owner or operator shall submit a data assessment report to the Director in accordance with 40 CFR Part 60, Appendix F, Procedure 1 for the continuous monitoring systems required by subsection (E).

2. The owner or operator shall submit an excess emissions and monitoring systems performance report and-or summary report form in accordance with 40 CFR § 60.7(c) to the Director semiannually for the continuous monitoring systems required by subsection (E)(1) and (E)(2). All reports shall be postmarked by the 30th day following the end of each six-month period.

3. The owner or operator shall provide the following to the Director:

a. Notification of commencement of construction of the project improvements and equipment authorized by Significant Permit Revision No. 53592 to comply with the operational or emission limits in this Section no later than 30 days after such date.

b. Semiannual progress reports on construction of any such improvements and equipment on January 1 and July 1 of each calendar year until construction is complete.

c. Notification of initial startup of any such improvements and equipment within 15 days after such date.

I. Preconstruction review. This Section is determined to be Reasonably Available Control Technology (RACT) for SO₂ emissions from the operations subject to subsection (C) for purposes of minor source NSR requirements addressed in R18-2-334.

History

• New Section made by final rulemaking at 23 A.A.R. 767, effective 4/7/2017.

Part D ARIZONA REGIONAL HAZE CLASS I AREAS

Ariz. Admin. Code § R18-2-D1301 Definitions for R18-2-D1302 and R18-2-D1303

The following definitions apply to R18-2-D1302 and R18-2-D1303:

1. "Average Daily Vehicle Trips (ADT)" means the average number of vehicles that cross a given point on a road over a 24-hour period.

2. "Bulk material" means any material, including but not limited to earth, rock, silt, sediment, sand, gravel, soil, fill, aggregate less than 2 inches in length or diameter, dirt, mud, demolition debris, trash, cinders, pumice, saw dust, and dry concrete, which are capable of producing fugitive dust.

3. "Class I area" means any international park, national wilderness area and national memorial park that exceeds 5,000 acres, or any national park that exceeds 6,000 acres, which are designated under the Clean Air Act as mandatory Federal Class I areas in order to preserve, protect and enhance air quality. The full list of Arizona Federal Class I areas as of the effective date of this Part is defined at 40 CFR 81.403.

4. "Chemical stabilizer/dust suppressant" means hygroscopic material, solution of water and chemical surfactant foam, non-toxic chemical stabilizer or any other dust palliative, which is not prohibited by the U. S. Environmental Protection Agency (EPA), the Arizona Department of Environmental Quality (ADEQ), or any applicable law or regulation, as a treatment material for reducing fugitive dust emissions.

5. "Clean gravel" means a mineral or rock aggregate ranging in size from 0.25 to 3 inches on its longest dimension that is either natural or the product of a mineral processing operation and contains no more than 6% silt by weight.

6. "Construction" means building a capital improvement resting upon, connected to or buried in the earth; modifications to existing structures, including additions, alterations, conversions, expansions, reconstruction, renovations, rehabilitations, and major replacements; or installing infrastructure associated with a new or modified structure, such as roads, flood structures, drainage works and irrigation works, and installation of above- or below-ground utilities.

7. "Construction site" means any property or portion of a property upon which dust generating operations occur as a result of construction.

8. "Disturbed Surface Area" means any portion of the earth's surface that has been physically moved, uncovered, destabilized, or otherwise modified from its undisturbed natural condition.

9. "Dust generating operations" means any activity capable of generating fugitive dust, including but not limited to:

a. Earthmoving activities;

b. Land clean-up, leveling, back filling;

c. Drilling;

d. Construction;

e. Demolition;

f. Bulk material handling, storage or transporting operations;

g. Operation of motorized machinery used in Construction;

h. Establishing or using unpaved parking lots, haul/access roads within a construction site; or

i. Installing initial landscapes using mechanized equipment.

10. "Dust Visibility Protection Areas" means the following townships associated with the Chiricahua National Monument and Wilderness Area, Galiuro Wilderness Area, Saguaro National Park (Wilderness Area), and Superstition Wilderness Area, (except those areas in Tribal Nations and Communities land, which has the same meaning as the term defined in 18 U.S.C. 1151) :

a. In Cochise County: Township 12 South, Range 19 through 25 East (T12S, R19-25E); T12S, R27-32E; T13S, R19-32E; T14S, R19-32E; T15S, R19-32E; T16S, R19-22E; T16S, R24-32E; T17S, R19-22E; T17S, R24-32E; T18S, R19-21E; T18S, R24-32E; T19S, R19-20E; T19S, R25-32E; T20S, R25-32E; T21S, R26-32E; T22S, R26-32E; T23S, R27-32E; T24S, R28-32E.

b. In Graham County: T4S, R19-21E; T5S, R19-22E; T6S, R19-23E; T7S, R19-24E; T8S, R19-24E; T9S, R19-25E; T10S, R19 - 25E; T11S, R19-25E.

c. In Gila County: T7N, R9-14E; T6N, R9-15E; T5N, R9-15.5E; T4.5N, R15.5-16E; T4N, R10-16E; T3N, R11-17E; T2N, R13-17E; T1N, R13-17E; T1S, R13-17E; T2S, R14-17E; T3S, R14-16E; T4S, R14-16E; T5S, R15-16E.

d. In Maricopa County: T7N, R9E; T6N, R7-10E; T5N, R6-10E; T4N, R5-12E; T3N, R5-12E; T2N, R4-13E; T1N, R4-7E; T1S, R5-7E; T2S, R5-7E.

e. In Pima County: T11S, R7-18E; T12S, R7-18E; T13S, R7-18E; T14S, R7-18E; T15S, R7-18E; T16S, R8-18E; T17S, R9-18E; T18S, R11-18E; T19S, R15-18E.

f. In Pinal County: T1N, R8-13E; T1S, R8-14E; T2S, R8-14E; T3S, R6-14E; T3S, R17-18E; T4S, R7-18E; T5S, R9-18E; T6S, R15-18E; T7S, R15-18E; T8S, R10-18E; T9S, R9-18E; T10S, R8-18E.

11. "Earthmoving activity" means any land clearing, land cutting and filling operations, blasting, trenching, road construction, grading, landscaping, landfill operations, weed abatement through discing, soil mulching, or any other activity associated with land development where the objective is to disturb the surface of the earth.

12. "Modified unpaved access point" means a project where paving operations are an integral part of new construction, reconstruction, or a pavement rehabilitation project on the paved public road.

13. "Nonresidential construction site" means a construction site where industrial, commercial, or institutional construction is taking place, including roads on the project site and excluding single family or multifamily home construction. Nonresidential construction does not include:

a. dust generating activities associated with the emergency repair of utilities;

b. roadway construction, unless it is associated with a nonresidential construction site; or

c. ongoing mining and quarrying activities, except construction of new structures.

14. "Owner or operator" means any person including, but not limited to, the property owner, lessee, developer, responsible official, general or prime contractor, supervisor, management company, or any person who owns, leases, operates, controls, or supervises a dust generating operation subject to the requirements of this rule.

15. "Pave/Pavement" means the application and maintenance of asphalt, concrete, or other similar material to a roadway surface, such as asphaltic concrete, concrete pavement, chip seal, or rubberized asphalt.

16. "Paved public road" means a public road that is covered with asphalt, recycled asphalt, asphaltic concrete, concrete, or any other pavement.

17. "Private road" means any road, equipment path or travel way used for motorized vehicle travel that is not a "public road" defined in R18-2-D1301.18.

18. "Public road" means any road, equipment path or travel way used for motorized vehicle travel that is owned by federal, state, county, municipal or other governmental or quasi-governmental agencies.

19. "Trackout" means any and all bulk materials that adhere to and agglomerate on the exterior surface of motor vehicles, haul trucks, or equipment (including tires) and that have fallen onto a paved roadway.

"Unpaved access point" means a location where an "unpaved public road" intersects with, adjoins, or otherwise connects to a "paved public road."

21. "Unpaved haul/access road" means any on-site unpaved road used by commercial, industrial, institutional, and/or governmental traffic.

22. "Unpaved parking and staging area" means any nonresidential area that is not covered by asphalt, recycled asphalt, asphaltic concrete, concrete, or any other pavement that is used for fueling and servicing; shipping, receiving and transfer; or parking or storing equipment, haul trucks, vehicles, and any conveyances, including on-site unpaved access routes to such an area.

23. "Unpaved public road" means a public road that is not covered with asphalt, recycled asphalt, asphaltic concrete, concrete, or any other pavement.

History

• New Section made by final rulemaking at 29 A.A.R. 1658, effective 9/10/2023.

Ariz. Admin. Code § R18-2-D1302 Fugitive Dust Emissions from Nonresidential Construction

A. Applicability.

1. This Section applies to the owner or operator of a nonresidential construction site, as defined in R18-2-D1301(13), within the Dust Visibility Protection Areas, as defined in R18-2-D1301(10).

2. Effective date. Except as otherwise provided, the provisions of this Section shall take effect on January 1, 2025.

B. Exemptions. This Section shall not apply to:

1. Areas subject to Maricopa County Air Pollution Control Regulations, Rule 310 Fugitive Dust From Dust-Generating Operations (as amended January 27, 2010);

2. Areas subject to Pinal County Air Quality Control District Code of Regulations, Chapter 4, Article 3. Construction Sites

• Fugitive Dust (as amended October 28, 2015) and Chapter 4, Article 7. Construction Sites in Nonattainment Areas "" Fugitive Dust (as amended June 3, 2009);

C. Notification.

1. The owner or operator of a nonresidential construction site shall notify the Director at least 30 days before beginning any construction activity by submitting a notification form prescribed by the Director.

2. Notification under subsection (C)(1) shall include:

a. Applicant name, organization/company, address, phone number, and email address;

b. Location of the construction site (street address or GPS coordinates of the center of the site);

c. The total area of the property upon which construction activities occur and an estimate of the area expected to be used for parking and staging activities;

d. Expected start and completion date of any construction activities;

e. Control measures selected from subsections (D)(1) and (D)(2).

3. The owner or operator shall notify the director of any changes to the information included in the notification required under subsection (C)(1) as soon as practicable. Notification of a change to the construction start date must be provided no later than 30 days before the new start date.

D. Standards.

1. Unpaved parking and staging areas. The owner or operator of a nonresidential construction site with unpaved parking and staging areas that have a cumulative area of one acre or more shall implement and use at least one of the following measures to reduce emissions of fugitive dust:

a. Apply and maintain chemical stabilizers/dust suppressants;

b. Apply and maintain clean gravel to a depth of two inches;

c. Install and maintain pavement.

2. Application and maintenance of chemical stabilizers/dust suppressants under subsection (D)(1)(a) shall be made in accordance with the manufacturer's recommendation.

3. Speed limit. To reduce emissions of fugitive dust, the owner or operator of a nonresidential construction site with 10 acres or more of disturbed surface area associated with the construction project shall restrict maximum vehicular speeds to 15 miles per hour on all unpaved traffic areas of the site including unpaved easements, right of way, unpaved haul/access roads and parking areas by installing speed limit signs at each entrance and along haul/access roads, with a minimum of four signs per site.

E. Monitoring.

1. To demonstrate compliance with subsection (D)(1), the owner or operator shall perform inspections on each day dust-generating operations are conducted of all parking and staging areas, including routinely traveled surfaces as evidenced by tire tracks, to ensure continued implementation of required control measures.

2. To demonstrate compliance with subsection (D)(2), the owner or operator shall perform inspections on each day dust-generating operations are conducted of vehicular traffic at the construction site to ensure continued implementation of required control measures.

F. Recordkeeping and Reporting.

1. The owner or operator shall maintain the following records:

a. Records of control measures implemented and maintained as required by subsection (D) including:

i. The types of surface treatments, extent of coverage, and frequency/date of application/installation;

ii. Copies of manufacturer specifications for chemical stabilizers/dust suppressants, if applicable; and

iii. The number and placement of speed limit signs.

b. Written records of self-inspection required by subsections (E)(1) and (E)(2) on each day dust-generating operations are conducted. Inspection records shall, at a minimum, include:

i. Identification of inspector;

ii. Inspection date and time;

iii. General findings of inspection;

iv. Gravel coverage and measurements of depth, if applicable;

v. A description of how vehicle speed limits are restricted and enforced, such as, speed checks with radar guns, or other effective means; and

vi. Any corrective action or preventive measures taken as a result of the self-inspection, such as, application of additional dust suppressants or gravel and maintenance or replacement of speed limit signs.

2. Records required by subsections (F)(1)(a) and (F)(1)(b) shall be kept onsite and made available for review by the Director within two business days of notice to the owner or operator. For onsite requests by the Director, the owner or operator shall provide such records without delay.

3. The owner or operator shall retain all records, including supporting documentation, required by this Section for five years from the date of such record.

History

• New Section made by final rulemaking at 29 A.A.R. 1658, effective 9/10/2023.

Ariz. Admin. Code § R18-2-D1303 Fugitive Dust Emissions from Paved Roads

A. Applicability. This Section applies to the owner or operator of an unpaved access point within the Dust Visibility Protection Areas, as defined in R18-2-D1301(10).

B. Exemptions. The provisions of subsection (C)(2) shall not apply to areas subject to Pinal County Air Quality Control District Code of Regulations, Chapter 4, Article 1. West Pinal PM10 Moderate Nonattainment Area Fugitive Dust (as amended October 28, 2015).

C. Standards.

1. Application of dust controls measures to unpaved access points. The owner or operator of a new or modified unpaved access point with a paved road exceeding 2,700 ADT shall apply dust controls measures to the unpaved access point by implementing and using at least one of the following measures to reduce trackout onto the paved roadway:

a. Apply and maintain chemical stabilizers/dust suppressants;

b. Apply and maintain clean gravel to a depth of two inches;

c. Install and maintain pavement.

2. Control measures under subsections (C)(1)(a) through (C)(1)(c) shall be applied for the full width of the unpaved roadway and up to the right-of-way limits of the paved road or up to 100 ft. from the centerline of the adjoining paved road, whichever is less. Application and maintenance of chemical stabilizers/dust suppressants under subsection (C)(1)(a) shall be made in accordance with the manufacturer's recommendation.

3. Cleanup of trackout, spillage, and erosion-caused deposition of any bulk material on paved public roadways. The owner or operator of the property within the Dust Visibility Protection Areas from which the trackout, spillage, or erosion caused deposition came shall, upon discovery of bulk material that extends 50 feet or more from the nearest unpaved surface exit onto the paved public roadway:

a. Within 24 hours of discovery, remove the bulk material from the paved public roadway with one of the following control measures:

i. Manual sweeping and pickup; or

ii. Operating a rotary brush or broom accompanied or preceded by sufficient wetting to limit fugitive dust emissions; or

iii. Operating a street sweeper; or

iv. Flushing with water, if curb and gutters are not present and where the use of water will not result in a source of track-out material or result in adverse impacts on storm water drainage systems or violate any Arizona Pollutant Discharge Elimination System permit program.

b. During removal of bulk material, do so in a manner that does not cause another source of fugitive dust.

c. If needed, restrict vehicles from traveling over the bulk material until such time as the material can be removed from the travel lanes of the paved public roadway pursuant to subsection (C)(2)(a). In the event unsafe travel conditions would result from restricting traffic and:

i. removal of such material isn't possible within 72 hours due to a weekend or holiday condition; or

ii. after reasonable effort, the owner or operator of the property is unable to obtain state or local agency approval to restrict vehicle traffic and removal of such material isn't possible within 72 hours, the provisions of subsection (C)(2)(a) may be extended upon notification to and approval of the Director.

d. The removal of carryout and trackout from paved public roads does not exempt an owner/operator from obtaining state or local agency permits which may be required for the cleanup of bulk material on paved public roads.

D. Recordkeeping and Reporting.

1. The owner or operator shall maintain records of control measures implemented and maintained as required by subsection (C) above including the date and time of application/installation, and copies of manufacturer specifications for chemical stabilizers/ dust suppressants, if applicable.

Records required by subsection (D)(1) shall be made available for review by the Director within two business days of notice to the owner or operator.

3. The owner or operator shall retain all records, including supporting documentation, required by this Section for five years from the date of such record.

4. Initial inventory. Within one year from the effective date of this rule, each city, county, state, or federal agency with primary responsibility for any existing paved public roadway with 2,700 ADT or greater shall provide the Director with a list of all unpaved access points under its jurisdiction. Evaluation of ADT shall be based on actual collected ADT data if available, or estimated based on state roadway functional classification designations or other similar means. The evaluation method shall be reported in the initial inventory.

5. Annual report. By April 1 of each year the owner or operator of a public roadway shall submit to the Director a report containing the following information:

a. Location of any unpaved access points to which control measures were applied during the previous calendar year according to subsection (C)(1) (street address or GPS coordinates);

b. Actual or estimated ADT of the intersecting paved public roadway portion of each access point and the evaluation method used;

c. The control measure applied/installed according to subsection (C)(1);

d. The length and width of the unpaved roadway upon which control measures were applied/installed according to subsection (C)(1);

e. The start and completion date of initial application/installation of controls according to subsection (C)(1); and

f. An update to the list of unpaved access points required under subsection (D)(4) to include any new access points that become subject to this rule due to changes in ADT.

History

• New Section made by final rulemaking at 29 A.A.R. 1658, effective 9/10/2023.

Chapter 4 DEPARTMENT OF ENVIRONMENTAL QUALITY - SAFE DRINKING WATER

Article 1 PRIMARY DRINKING WATER REGULATIONS

Ariz. Admin. Code § R18-4-101 Authority and Purpose

A. This Chapter is created under the authority of A.R.S. Title 49, Chapter 2, Article 9, and the federal Safe Drinking Water Act, 42 U.S.C. 300 f through 300j-26.

B. The purposes of this Chapter include the following:

1. To protect the public health and welfare by ensuring that all potable water distributed or sold to the public by public water systems is free from unwholesome, poisonous, deleterious, or other foreign substances, and filth or disease-causing substances or organisms; and

2. To enable the state to maintain primary enforcement responsibility of the Safe Drinking Water Act, including the requirements of 40 CFR 141 and 142.

History

• Former Section R9-20-504 repealed, new Section R9-20-504 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-504 amended, renumbered as Section R9-20-501, then renumbered as Section R18-4-101 effective October 23, 1987 (Supp. 87-4). R18-4-101 recodified to R18-5-101 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-102 Incorporation by Reference of 40 Cfr 141 and 142

A. Unless otherwise specified in this Chapter, all references to regulations in 40 CFR 141 and 142 in this Chapter refer to the July 1, 2014, version of the regulations. Copies of the incorporated material are available for review at the Arizona Department of Environmental Quality, 1110 W. Washington St., Phoenix, AZ, 85007, and are available from

1. Code of Federal Regulations: U.S. Government Printing Office, online bookstore, http://bookstore.gpo.gov/; 866-512-1800; orders@gpo.gov;

2. the U.S. General Printing office at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR [File Link Not Available].

B. A reference to a federal statute or regulation in a federal statute or regulation incorporated by reference in this Chapter shall refer to and incorporate by reference the referenced statute or regulation as of the date specified in subsection (A), unless the referenced statute or regulation is incorporated by reference elsewhere in this Chapter in a modified form, in which case the reference shall be to the statute or regulation as incorporated in this Chapter.

C. Documents incorporated by reference in a federal statute or regulation incorporated by reference in this Chapter are also incorporated by reference in this Chapter, as of the date specified in the federal statute or regulation.

D. A federal rule incorporated by reference in this Chapter shall include all "Effective Date Notes" associated with the federal rule.

E. The term "State" or "primacy agency" in the text of a federal statute or regulation incorporated by reference in this Chapter shall mean the Arizona Department of Environmental Quality unless otherwise noted.

History

• Adopted as Section R9-20-502 and renumbered as Section R18-4-102 effective October 23, 1987 (Supp. 87-4). R18-4-102 recodified to R18-5-102 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3). Amended by final rulemaking at 22 A.A.R. 379, effective 4/2/2016.

Ariz. Admin. Code § R18-4-103 General - 40 CFR 141, Subpart A

A. 40 CFR 141, Subpart A (40 CFR 141.1 through 141.6), is incorporated by reference as of the date specified in R18-4- 102, except for the changes listed in this Section; this incorporation does not include any later amendments or editions.

B. The definition of "State" in 40 CFR 141.2 is not incorporated by reference. In addition to the terms defined in A.R.S. §§ 49- 201 and 49-351, and 40 CFR 141.2, in this Chapter, unless otherwise specified, the terms listed below have the following meanings.

"Air-gap separation" means a physical separation between the discharge end of a supply pipe and the top rim of its receiving vessel of at least 1 inch or twice the diameter of the supply pipe, whichever is greater.

"ANSI/NSF Standard 60" means American National Standards Institute/NSF International Standard 60 - 2014a, Drinking Water Treatment Chemicals - Health Effects, November 17, 2014, incorporated by reference and on file with the Department. This material is available from NSF International, 789 N. Dixboro Road, P.O. Box 130140, Ann Arbor, MI 48113-0140, USA; (734) 769-8010; http://www.nsf.org. This incorporation by reference includes no future editions or amendments.

"ANSI/NSF Standard 61" means American National Standards Institute/NSF International Standard 61 - 2014a, Drinking Water System Components - Health Effects, October 19, 2014, incorporated by reference and on file with the Department. This material is available from NSF International, 789 N. Dixboro Road, P.O. Box 130140, Ann Arbor, MI 48113-0140, USA; (734) 7698010; http://www.nsf.org. This incorporation by reference includes no future editions or amendments.

"Backflow" means a reverse flow condition that causes water or mixtures of water and other liquids, gases, or substances to flow back into the distribution system. Backflow can be created by a difference in water pressure (backpressure), a vacuum or partial vacuum (backsiphonage), or a combination of both.

"Backflow-prevention assembly" means a mechanical device used to prevent backflow.

"Capacity" means the overall capability of a water system to consistently produce and deliver water meeting all national and state primary drinking water regulations in effect when new or modified operations begin. Capacity includes the technical, managerial, and financial capacities of the water system to plan for, achieve, and maintain compliance with applicable national and state primary drinking water regulations.

"Capacity development" means improving public water system finances, management, infrastructure, and operations, so that the public water system can provide safe drinking water consistently, reliably, and cost-effectively.

"Capacity development report" means an annual report adopted by the Department that describes progress made in improving technical, managerial, or financial capacity of public water systems in Arizona.

"Cross connection" means a physical connection between a public water system and any source of water or other substance that may lead to contamination of the water provided by the public water system through backflow.

"Distribution system" means a pipeline, appurtenance, device, and facility of a public water system that conducts water from a source or water treatment plant to persons served by the system.

"Department" means the Arizona Department of Environmental Quality.

"Double check valve assembly" means a backflow-prevention assembly that contains two independently acting check valves with tightly closing, resilient-seated shut-off valves on each end of the assembly and properly located, resilient-seated test cocks.

"Elementary business plan" means a document containing all of the items necessary for a complete review of the technical, managerial, and financial capacity of a new public water system under Article 6 of this Chapter.

"Entry point to the distribution system" means a compliance sampling point anywhere on a finished water line that is representative of a water source and located after the well, surface water intake, treatment plant, storage tank, or pressure tank, whichever is last in the process flow, but prior to where the water is discharged into the distribution system and prior to the first service connection.

"EPA" means the United States Environmental Protection Agency.

"Exclusion" means a waiver granted by the Department under R18-4-219 from a requirement of this Chapter that is not a requirement contained in a federal drinking water law.

"Exemption" means a form of temporary relief from a maximum contaminant level or treatment technique granted by the Department to a public water system, pending installation and operation of treatment facilities, acquisition of an alternate source, or completion of improvements in treatment processes to bring the system into compliance with drinking water regulations.

"Financial capacity" means the ability of a public water system to acquire and manage sufficient financial resources for the system to achieve and maintain compliance with the federal Safe Drinking Water Act.

"Groundwater system" means a public water system that is supplied solely by groundwater that is not under the direct influence of surface water.

"Lead-free" has the same meaning prescribed in A.R.S. § 49-353(B).

"Major stockholder" means a person who has 20% or more ownership interest in a public water system.

"Master priority list" means a list created by the Department that ranks public water systems according to the criteria in R18-4-803.

"Monitoring assistance program" means the program established by A.R.S. § 49-360 to assist public water systems with mandatory monitoring for contaminants and administered by the Department under 18 A.A.C. 4.

"Operational assistance" means professional or financial assistance provided to a public water system to improve the technical, managerial, or financial operations of the public water system.

"Protected water source" means a groundwater source that:

* Meets the requirements of A.A.C. R18-5- 502(D);

* Is not located within 100 feet of a drywell as defined by A.A.C. R18-9-101(21), and

* Is not located within 100 feet of a condition that can constitute an environmental nuisance as described in A.R.S. § 49-141(A).

"Reduced pressure principle backflow-prevention assembly" means a backflow-prevention assembly that contains two independently acting check valves; a hydraulically operating, mechanically independent pressure differential relief valve located between the two check valves; tightly closing, resilient seated shut-off valves on each end of the check valve assembly; and properly located resilient seated test cocks.

"Service connection" means a location at the meter or, in the absence of a meter, at the curbstop or building inlet.

"Service line" means the water line that runs from the corporation stop at a water main to the building inlet, including any pigtail, gooseneck, or fitting.

"State" means the Arizona Department of Environmental Quality, except during any time period during which the Department does not have primary enforcement responsibility pursuant to Section 1413 of the Act, the term "State" means the Regional Administrator of EPA Region 9.

"System evaluation assistance" means assistance provided to assess the status of the public water system's technical, managerial, and financial components, with emphasis on infrastructure status.

"Technical assistance" means operational assistance, system evaluation assistance, or both.

"Treatment" means a process that changes the quality of water by physical, chemical, or biological means.

"Treatment technique" means a treatment procedure promulgated by EPA in lieu of an MCL.

"Variance" means relief from a maximum contaminant level or treatment technique granted by the Department to a public water system when characteristics of a system's raw water source preclude the system from complying with maximum contaminant levels prescribed by drinking water regulations, despite application of best technology treatment techniques, or other means available to the system.

"Water main" means a pipe that is exterior to buildings and is used to distribute drinking water to more than one property.

"Water Infrastructure Finance Authority" means the entity created under A.R.S. § 49-1201 et seq. to provide financial assistance to political subdivisions, Indian tribes, and eligible drinking water facilities for constructing, acquiring, or improving wastewater treatment facilities, drinking water facilities, nonpoint source projects, and other related water quality facilities and projects.

"Water treatment plant" means a process, device, or structure used to improve the physical, chemical, or biological quality of the water in a public water system. A booster chlorination facility that is designed to maintain an effective disinfectant residual in water in the distribution system is not a water treatment plant.

C. 40 CFR 141 .4, entitled "variances and exemptions," is incorporated by reference subject to the following modifications:

1. The phrase "entity with primary enforcement responsibility" is changed to "Department."

2. When reviewing and acting on requests for variances and exemptions, the Department shall act in accordance with the procedures at 42 U.S.C. 300g-4 and 300g-5 (2004) of the Act (Public Health Service Act §§ 1415 and 1416), including:

a. The Department shall require a public water system granted a variance under subsection (C) to comply with the requirements in a compliance schedule as expeditiously as practicable.

b. The Department shall promptly notify EPA of all variances and exemptions granted by the Department in the manner specified in the Act.

c. The Department shall enforce a schedule or other requirement on which a variance or exemption is conditioned under 42 U.S.C. 300g-3 and A.R.S. § 49-354, as if the schedule or other requirement is part of a national primary drinking water regulation incorporated by reference in this Chapter.

d. "Treatment technique requirement," for the purpose of subsection (C), means a requirement in a national primary drinking water regulation which specifies for a contaminant, in accordance with 42 U.S.C. 300f(1)(C)(ii), each treatment technique known to lead to a reduction in the level of the contaminant sufficient to satisfy the requirements of 42 U.S.C. 300g-1(b).

e. If the Department grants a variance or exemption, the Department shall prescribe:

i. A compliance schedule that includes increments of progress or measures to develop an alternative source of water supply; and

ii. An implementation schedule that includes such control measures as the Department deems necessary for each contaminant.

D. 40 CFR 142, 142.2, 142.20, and Subparts E, F, G, and K, are incorporated by reference as of the date specified in R18-4-102, with the following changes; this incorporation does not include any later amendments or editions. The following substitutions are to be applied in the listed order.

40 CFR 142.46, 142.302, 142.313 are not incorporated by reference.

40 CFR 142.20(a), (b). The phrase "States with primary enforcement responsibility" is changed to "the Department"; the second sentences in 142.20(a) and 142.20(b) are deleted.

40 CFR 142.60(b), 142.61(b). The phrase "Administrator in a state that does not have primary enforcement responsibility or a state with primary enforcement responsibility (primacy state) that issues variances" is changed to "Department."

40 CFR 142.40(a), (b); 142.41; 142.50(a); 142.51. The phrase "a State that does not have primary enforcement responsibility" is changed to "Arizona".

40 CFR 142.60(b), (c), (d); 142.61(b), (c). The phrase "Administrator or [`primacy' or `primary'] state that issues variances" is changed to "Department."

40 CFR 142.60(b), (d); 142.61(b), (d); 142.62(e), (g)(1); 142.65(a)(4). The phrase "Administrator or [the] primacy state" is changed to "Department"; the phrase "Administrator's or primacy state's" is changed to "Department's."

7. In 40 CFR 142, Subpart K:

a. The phrases "[`a' or `the'] State or [the] Administrator," "Administrator or State," "the public water system, State and the Administrator," and "a State exercising primary enforcement responsibility for public water systems (or the Administrator for other systems)" are changed to "the Department."

b. 40 CFR 142.301. The last sentence is deleted.

c. 40 CFR 142.303(b). The phrase "a State exercising primary enforcement responsibility for public water systems" is changed to "the Department."

d. 40 CFR 142.306(b)(2). The phrase "(or by the Administrator in States which do not have primary enforcement responsibility)" is deleted.

e. 40 CFR 142.308(a), 142.309(c). The phrase "the State, Administrator, or [the] public water system as directed by the State or Administrator" is changed to "the Department or the public water system, as determined by the Department."

f. 40 CFR 142.308(b). The text of this subsection is replaced by the following: "At the time of proposal, the Department must publish a notice in the Arizona Administrative Register or a newspaper or newspapers of wide circulation in the affected region of the State. This notice shall include the information listed in paragraph (c) of this section."

g. 40 CFR 142.308(c)(7). The phrase "the primacy agency" is changed to "the Department."

8. In all parts of 40 CFR 142 incorporated by reference other than Subpart K, the term "Administrator" is changed to "Department"; the pronoun "he" is changed to "the Department"; and the pronoun "his" is changed to "the Department's."

9. In all parts of 40 CFR 142 incorporated by reference, the term "a state" or "the state" is changed to "the Department"; the term "the State's" is changed to "the Department's."

40 CFR 142.62(h)(3). The term "State-approved" is changed to "Department-approved."

11. In 40 CFR 142.44(b). The text of this subsection is replaced by the following: "Public notice of an opportunity for hearing on a variance schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed schedule, and shall meet the notice requirements of A.A.C. R18-1-401."

12. In 40 CFR 142.54(b). The text of this subsection is replaced by the following: "Public notice of an opportunity for hearing on an exemption schedule shall be circulated in a manner designed to inform interested and potentially interested persons of the proposed schedule, and shall meet the notice requirements of A.A.C. R18-1- 401."

40 CFR 142.44(d), 142.54(d). The third, fourth, and fifth sentences of these subsections are deleted.

40 CFR 142.44(e), 142.54(e). The text of these subsections is replaced by the following: "A hearing convened pursuant to paragraph (d) of this section shall be conducted according to the procedural requirements of A.A.C. R18-1-402."

E. 40 CFR 141.5 is not incorporated by reference.

History

• Former Section R9-20-505 repealed, new Section R9-20-505 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-505 amended, renumbered as Section R9-20-503, then renumbered as Section R18-4-103 effective October 23, 1987 (Supp. 87-4). R18-4-103 recodified to R18-5-103 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-103 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3). Amended by final rulemaking at 22 A.A.R. 379, effective 4/2/2016. Amended by final expedited rulemaking at 31 A.A.R. 980, effective 3/7/2025.

Ariz. Admin. Code § R18-4-104 Maximum Contaminant Levels - 40 Cfr 141, Subpart B

40 CFR 141, Subpart B (40 CFR 141.11 through 141.13), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Former Section R9-20-506 repealed, new Section R9-20-506 adopted effective November 1, 1979 (Supp. 79-6). Amended effective March 19, 1980 (Supp. 80-2). Former Section R9-20-506 amended, renumbered as Section R9-20-504, then renumbered as Section R18-4-104 effective October 23, 1987 (Supp. 87-4). R18-4-104 recodified to R18-5-104 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Amended under R1-1-109(B) to correct a manifest clerical error; subsection R18-4-104(J)(3) moved to its proper place as subsection R18-4-104(K)(3); compare at 8 A.A.R. 3086, July 26, 2002 (Supp. 03-1). Section R18-4-104 renumbered to R18-4-211; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-105 Monitoring and Analytical Requirements - 40 Cfr 141, Subpart C

A. 40 CFR 141, Subpart C (40 CFR 141.21 through 141.29 and Appendix A), is incorporated by reference as of the date specified in R18-4-102, subject to the modifications specified in this Section; this incorporation does not include any later amendments or editions.

B. 40 CFR 141.21, coliform sampling, is modified as follows:

1. 40 CFR 141.21(a)(3)(i): the phrase "each calendar quarter" is replaced with "each calendar month."

2. 40 CFR 141.21(a)(3)(i) and (ii): the phrase "less than once/year" is replaced with "less than one sample per quarter."

3. 40 CFR 141.21(c)(2), 141.21(d) and 141.21(f) are not incorporated by reference.

C. 40 CFR 141.22: the last sentence of 141.22(a) is replaced by the following: "Turbidity measurements shall be made using analytical methods approved by EPA and the Arizona Department of Health Services."

D. 40 CFR 141.23(k) is not incorporated by reference.

E. 40 CFR 141.24(f)(17), 141.24(f)(20), and 141.24(h)(19) are not incorporated by reference.

F. 40 CFR 141.25: the following text replaces the text of 40 CFR 141.25(a) and (b): "Analysis for the following contaminants shall be conducted to determine compliance with 40 CFR 141.66(radioactivity) using analytical methods approved by EPA and the Arizona Department of Health Services:

1. Naturally occurring contaminants: gross alpha and beta, gross alpha, radium 226, radium 228, and uranium.

2. Man-made contaminants: radioactive cesium, radioactive iodine, radioactive strontium 89, 90, tritium, and gamma emitters."

G. 40 CFR 141.27, alternate analytical techniques, is not incorporated by reference; the following text is substituted in its place: "The use of an alternate analytical technique approved by EPA and the Arizona Department of Health Services shall not decrease the frequency of monitoring required by this Chapter."

H. 40 CFR 141.28:

In 40 CFR 141.28(a), the term "State" is changed to "Arizona Department of Health Services."

2. In 40 CFR 141.28(b), the term "State" is changed to "Arizona Department of Health Services or Arizona Department of Environmental Quality."

3. A new subsection (c) is added: "A laboratory that performs drinking water analysis in Arizona shall be certified by EPA or the Arizona Department of Health Services."

History

• Former Section R9-20-507 repealed, new Section R9-20-507 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-507 amended, renumbered as Section R9-20-505, then renumbered as Section R18-4-105 effective October 23, 1987 (Supp. 87-4). R18-4-105 recodified to R18-5-105 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section repealed by final rulemaking at 8 A.A.R. 3046, effective May 6, 2002 (Supp. 02-3). New Section R18-4-105 renumbered from R18-4-105.01 at 8 A.A.R. 2756, effective June 6, 2002 (Supp. 02-3). Subsection citation in part 4 of Table 2 corrected (Supp. 04-1). Section R18-4-105 and Tables 1 through 4 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3). Amended by final rulemaking at 22 A.A.R. 379, effective 4/2/2016.

Ariz. Admin. Code § R18-4-105.01 Renumbered

History

• New Section made by final rulemaking at 8 A.A.R. 3046, effective May 6, 2002 (Supp. 02-3). Section renumbered to R18-4-105 at 8 A.A.R. 2756, effective June 6, 2002 (Supp. 02-3).

Ariz. Admin. Code § R18-4-106 Reporting and Recordkeeping - 40 Cfr 141, Subpart D

A.40 CFR 141, Subpart D (40 CFR 141.31 through 141.35), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions. The requirements in the following subsections are in addition to the requirements of 40 CFR 141, Subpart D.

B. Department reporting forms. A public water system shall report to the Department the results of all analyses completed under this Chapter on Department-approved forms.

C. Direct reporting. A public water system may contract with a laboratory or another agent to report monitoring results to the Department, but the public water system remains legally responsible for compliance with reporting requirements.

History

• Adopted effective March 19, 1980 (Supp. 80-2). Former Section R9-20-508 amended, renumbered as Section R9-20-506, then renumbered as Section R18-4-106 effective October 23, 1987 (Supp. 87-4). Amended subsection (F) effective November 30, 1988 (Supp. 88-4). R18-4-106 recodified to R18-5-106 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-106 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-107 Special Regulations, Including Monitoring - 40 CFR 141, Subpart E

40 CFR 141, Subpart E (40 CFR 141.40 through 141.42) revised as of July 1, 2021 and published by the Office of the Federal Register, National Archives and Records Administration is incorporated by reference. This rule does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the U.S. Government Publishing Office, book-store.gpo.gov, P.O. Box. 979050, St. Louis, MO 63197-9000.

History

• Former Section R9-20-509 repealed, new Section R9-20-509 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-509 amended, renumbered as Section R9-20-507, then renumbered as Section R18-4-107 effective October 23, 1987 (Supp. 87-4). Amended subsection (B) effective November 30, 1988 (Supp. 88-4). R18-4-107 recodified to R18-5-107 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-107 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3). Amended by final expedited rulemaking at 29 A.A.R. 1472, effective 6/7/2023.

Ariz. Admin. Code § R18-4-108 Maximum Contaminant Level Goals and Maximum Residual Disinfectant Level Goals - 40 Cfr 141, Subpart F

40 CFR 141, Subpart F (40 CFR 141.50 through 141.55), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Former Section R9-20-510 repealed, new Section R9-20-510 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-510 amended, renumbered as Section R9-20-508, then renumbered as Section R18-4-108 effective October 23, 1987 (Supp. 87-4). Amended subsection (D) effective November 30, 1988 (Supp. 88-4). R18-4-108 recodified to R18-5-108 (Supp. 95-2). New Section R18-4-108 renumbered from R18-4-109 and amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-108 renumbered to R18-4-205; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-109 Primary Drinking Water Regulations: Maximum Contaminant Levels and Maximum Residual Disinfectant Levels - 40 Cfr 141, Subpart G

40 CFR 141, Subpart G (40 CFR 141.60 through 141.66), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Former Section R9-20-511 repealed, new Section R9-20-511 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-511 amended, renumbered as Section R9-20-509, then renumbered as Section R18-4-109 effective October 23, 1987 (Supp. 87-4). R18-4-109 recodified to R18-5-109 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Former Section R18-4-109 renumbered to R18-4-108; new Section R18-4-109 made by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-109 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-110 Filtration and Disinfection - 40 Cfr 141, Subpart H

A. 40 CFR 141, Subpart H (40 CFR 141.70 through 141.76), is incorporated by reference as of the date specified in R18-4-102, subject to the modifications specified in this Section; this incorporation does not include any later amendments or editions.

B. The text of 40 CFR 141.74(a) is replaced by the following: "Analytical requirements. In order to demonstrate compliance with the requirements of this Part, public water systems shall use analytical methods approved by EPA and the Arizona Department of Health Services for monitoring under this Part."

History

• Former Section R9-20-512 repealed, new Section R9-20-512 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-512 amended, renumbered as Section R9-20-510, then renumbered as Section R18-4-110 effective October 23, 1987 (Supp. 87-4). Amended subsection (B) effective November 30, 1988 (Supp. 88-4). R18-4-110 recodified to R18-5-110 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-110 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-111 Control of Lead and Copper - 40 Cfr 141, Subpart I

A. 40 CFR 141, Subpart I (40 CFR 141.80 through 141.91), is incorporated by reference as of the date specified in R18-4-102, subject to the modifications specified in this Section; this incorporation does not include any later amendments or editions.

B. The first sentence of 40 CFR 141.89(a) is replaced by the following: "Analyses for lead, copper, pH, conductivity, calcium, alkalinity, orthophosphate, silica, and temperature shall be conducted using analytical methods approved by EPA and the Arizona Department of Health Services. Analyses under this section for lead and copper shall be conducted by laboratories that have been certified by EPA or the Arizona Department of Health Services."

C. The text of 40 CFR 141.89(a)(1) is not incorporated by reference.

History

• Adopted as Section R9-20-511 and renumbered as Section R18-4-111 effective October 23, 1987 (Supp. 87-4). R18-4-111 recodified to R18-5-111 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-111 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-112 Use of Non-centralized Treatment Devices - 40 Cfr 141, Subpart J

40 CFR 141.101 is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Former Section R9-20-517 repealed, new Section R9-20-517 adopted effective November 1, 1979 (Supp. 79-6). Amended effective March 19, 1980 (Supp. 80-2). Former Section R9-20-517 amended, renumbered as Section R9-20-512, then renumbered as Section R18-4-112 effective October 23, 1987 (Supp. 87-4). R18-4-112 recodified to R18-5-112 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-112 renumbered to R18-4-219; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-113 Treatment Techniques - 40 Cfr 141, Subpart K

40 CFR 141, Subpart K (40 CFR 141.110 through 141.111), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Adopted as Section R9-20-513 and renumbered as Section R18-4-113 effective October 23, 1987 (Supp. 87-4). Amended subsections (A) and (C) effective November 30, 1988 (Supp. 88-4). R18-4-113 recodified to R18-5-113 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-113 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-114 Disinfectant Residuals, Disinfection Byproducts, and Disinfection Byproduct Precursors - 40 Cfr 141, Subpart L

A. 40 CFR 141, Subpart L (40 CFR 141.130 through 141.135), is incorporated by reference as of the date specified in R18-4-102, subject to the modifications specified in this Section; this incorporation does not include any later amendments or editions.

B. 40 CFR 141.131 is not incorporated by reference.

C. In order to demonstrate compliance with the requirements of this Chapter:

1. Public water systems shall use analytical methods approved by EPA and the Arizona Department of Health Services for monitoring under this Chapter; and

2. Analyses of drinking water samples shall be conducted by laboratories that have been certified by EPA or the Arizona Department of Health Services.

D. A party approved by the Department shall measure daily chlorite samples at the entrance to the distribution system.

E. A public water system may measure residual disinfectant concentrations for chlorine, chloramines, and chlorine dioxide by using N,N-diethyl-p-phenylenediamine (DPD) colorimetric test kits. A party approved by the Department shall measure residual disinfectant concentration.

History

• Former Section R9-20-519 repealed, new Section R9-20-519 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-519 amended, renumbered as Section R9-20-514, then renumbered as Section R18-4-114 effective October 23, 1987 (Supp. 87-4). R18-4-114 recodified to R18-5-114 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-114 renumbered to R18-4-202; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-115 Renumbered

History

• Former Section R9-20-520 repealed, new Section R9-20-520 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-520 amended, renumbered as Section R9-20-515, then renumbered as Section R18-4-115 effective October 23, 1987 (Supp. 87-4). R18-4-115 recodified to R18-5-115 (Supp. 95-2). New Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-115 renumbered to R18-4-215 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-116 Renumbered

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-116 renumbered to R18-4-204 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-117 Consumer Confidence Reports - 40 Cfr 141, Subpart O

40 CFR 141, Subpart O (40 CFR 141.151 through 141.155 and Appendix A), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-117 renumbered to R18-4-209; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-118 Enhanced Filtration and Disinfection - Systems Serving 10,000 or More People - 40 Cfr 141, Subpart P

40 CFR 141, Subpart P (40 CFR 141.170 through 141.175), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-118 renumbered to R18-4-208; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-119 Public Notification of Drinking Water Violations - 40 Cfr 141, Subpart Q

40 CFR 141, Subpart Q (40 CFR 141.201 through 141.211 and Appendices A, B, and C), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Former Section R18-4-215 renumbered R18-4-119 pursuant to R1-1-404 effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-119 renumbered to R18-4-213; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-120 Renumbered

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective December 8, 1998 (Supp. 98-4). Section R18-4-120 renumbered to R18-4-206 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-121 Ground Water Rule - 40 Cfr 141, Subpart S

A. 40 CFR Part 141, Subpart S (40 CFR 141.400 through 141.405), is incorporated by reference as of the date specified in R18-4-102, subject to the modifications specified in this Section; this incorporation does not include any later amendments or editions.

B. 40 CFR 141.402(a)(4) is modified as follows:

Consecutive and wholesale systems.

(i) In addition to the other requirements of this paragraph (a), a consecutive ground water system that has a total coliform-positive sample, collected under § 141.21(a) until March 31, 2016 or under §§ 141.854 through 141.857 beginning April 1, 2016, within 24 hours of being notified of the total coliform-positive sample must:

(A) Notify the wholesale system(s) and,

(B) Collect a sample from its consecutive connection with the wholesale ground water system and analyze it for a fecal indicator under paragraph (c) of this section.

(ii) If the sample collected under paragraph (a)(4)(i)(B) of this section is fecal indicator-positive, within 24 hours:

(A) The consecutive system must notify the wholesale ground water system, and

(B) Both systems must consult with the Department on additional sampling to meet the requirements of paragraph (a)(3) of this section.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-121 renumbered to R18-4-201; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3). Amended by final rulemaking at 22 A.A.R. 379, effective 4/2/2016.

Ariz. Admin. Code § R18-4-122 Enhanced Filtration and Disinfection - Systems Serving Fewer Than 10,000 People - 40 Cfr 141, Subpart T

40 CFR 141, Subpart T (40 CFR 141.500 through 141.571), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-122 renumbered to R18-4-207; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-123 Initial Distribution System Evaluations - 40 Cfr 141, Subpart U

40 CFR 141, Subpart U (40 CFR 141.600 through 141.605), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-123 renumbered to R18-4-216; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-124 Stage 2 Disinfection Byproducts Requirements - 40 Cfr 141, Subpart V

40 CFR 141, Subpart V (40 CFR 141.620 through 141.629), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Adopted effective February 9, 1996 (Supp. 96-1). Section R18-4-124 renumbered to R18-4-203; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-125 Enhanced Treatment for Cryptosporidium - 40 Cfr 141, Subpart W

40 CFR 141, Subpart W (40 CFR 141.700 through 141.723), is incorporated by reference as of the date specified in R18-4-102; this incorporation does not include any later amendments or editions.

History

• Adopted effective February 9, 1996 (Supp. 96-1). Section R18-4-125 renumbered to R18-4-214; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-126 Revised Total Coliform Rule 40 Cfr Part 141, Subpart Y

A. 40 CFR Part 141, Subpart Y (40 CFR 141.851 through 141.861), is incorporated by reference as of the date specified in R18-4-102, subject to modifications specified in this Section; this incorporation does not include any later amendments or editions.

B. 40 CFR 141.851(d), 141.852, 141.853(c)(2), and [141.854(h)(2)(i)

• (ii)](https://www.law.cornell.edu/cfr/text/40/141.854) are not incorporated by reference.

History

• Adopted by final rulemaking at 22 A.A.R. 379, effective 4/2/2016.

Article 2 STATE DRINKING WATER REGULATIONS

Ariz. Admin. Code § R18-4-201 Enforcement

A. A water supplier who constructs, operates, or maintains a public water system contrary to the provisions of this Chapter or fails to maintain the quality of water within the public water system as required by this Chapter is subject to the actions provided in A.R.S. §§ 49-142 and 49-354.

B. If the Department determines that a public water system is not in compliance with any of the provisions of this Chapter, the Department may issue an order to the water supplier that requires the public water system to make no further service connections or that limits the number of service connections until the Department determines that the public water system achieves compliance.

C. The Department may determine compliance or initiate enforcement action based upon analytical results and other information compiled by the Department or other federal, state, or local agencies.

D. The Department shall round compliance data to the same number of significant figures as the MCL in question to determine compliance with the MCL.

History

• Former Section R9-8-212 repealed, new Section R9-8-212 adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended effective November 2, 1982 (Supp. 82-6). Amended by renumbering subsections (P) thru (W) as (Q) thru (X) and adding a new subsection (P) effective January 6, 1984 (Supp. 84-1). Former Section R9-8-212 renumbered without change as Section R18-4-212 (Supp. 87-3). Former Section R18-4-212 amended and renumbered as Section R18-4-201 effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-201 repealed; new Section renumbered from R18-4-121 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-202 Certified Operators

A water supplier of a public water system shall ensure that:

1. The water system is operated in accordance with 18 A.A.C. 5, Article 1.

2. The water system is operated by an operator who is properly certified pursuant to 18 A.A.C. 5, Article 1, to operate each water treatment plant in the system and the distribution system.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-202 repealed; new Section renumbered from R18-4-114 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-203 Operation and Maintenance

A water supplier shall maintain and keep in proper operating condition all facilities used in production, treatment, and distribution of the water supply so as to comply with the requirements of this Chapter and 18 A.A.C. 5.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-203 renumbered to R18-4-210; new Section renumbered from R18-4-124 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-204 Emergency Operation Plans

A. The water supplier for a community water system shall develop and keep an emergency operations plan in an easily accessible location. At a minimum, the emergency operations plan shall detail the steps that the community water system will take to assure continuation of service in the following emergency situations:

1. Loss of a source;

2. Loss of water supply due to major component failure;

3. Damage to power supply equipment or loss of power;

4. Contamination of water in the distribution system from backflow;

5. Collapse of a reservoir, reservoir roof, or pumphouse structure;

6. A break in a transmission or distribution line; and

7. Chemical or microbiological contamination of the water supply.

B. The emergency operations plan required by subsection (A) shall address all of the following:

1. Provision of alternate sources of water during the emergency;

2. Notice procedures for regulatory agencies, news media, and users;

3. Disinfection and testing of the distribution system once service is restored;

4. Identification of critical system components that shall remain in service or be returned to service quickly;

5. Critical spare parts inventory; and

6. Staff training in emergency response procedures.

C. In the event that an emergency situation that is listed in subsection (A) occurs, the Emergency Operation Plan shall be implemented by the community water system.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-204 repealed; new Section renumbered from R18-4-116 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-205 Sample Collection, Preservation, and Transportation

A public water system shall collect each sample using the sample preservation, container, and maximum holding time procedure prescribed by the Arizona Department of Health Services in 9 A.A.C. 14, Article 6, and approved by EPA for the analytical method used.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-205 repealed; new Section renumbered from R18-4-108 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-206 Monitoring and Sampling by the Department and Map Contractors

A. The Department may take samples from a public water system. If the Department takes a sample at a public water system, the Department shall forward a copy of the analytical results to the water supplier.

B. If a public water system fails to monitor, the Department may monitor to determine compliance with MCLs. A public water system shall not use Department monitoring to satisfy monitoring requirements prescribed by this Chapter. This subsection does not apply to monitoring under the monitoring assistance program.

C. A contractor shall take compliance samples for the categories of contaminants listed in A.R.S. § 49-360(A) for a public water system that participates in the monitoring assistance program.

D. The sampling location for chemical contaminants must be the entry point to the distribution system or the compliance monitoring point specified by the Department, unless otherwise specified in this Chapter. An entry point to a distribution system is the point at which water is discharged into the distribution system from a well, storage tank, pressure tank, or water treatment plant.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended effective December 8, 1998 (Supp. 98-4). Section R18-4-206 repealed; new Section renumbered from R18-4-120 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-207 Entry and Inspection of Public Water Systems

A. A Department inspection shall comply with A.R.S. § 41-1009.

B. 40 CFR 142.34(a) is incorporated by reference as of the date specified in R18-4-102, subject to the modifications specified in this Section; this incorporation does not include any later amendments or editions. The phrase "Administrator" is changed to "Department."

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 5067, effective October 16, 2001 (Supp. 01-4). Section R18-4-207 repealed; new Section renumbered from R18-4-122 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-208 Sanitary Surveys

A. Each public water system shall undergo sanitary surveys in accordance with a schedule established by the Department, or when the Department determines that a sanitary survey is necessary to assure compliance with this Chapter.

B. A sanitary survey shall be performed for a public water system at least once every five years; however, a non-community water system using only protected and disinfected ground water shall have a sanitary survey performed at least every 10 years.

C. When establishing a sanitary survey schedule or determining that a sanitary survey is required prior to the next scheduled sanitary survey, the Department shall consider:

1. The quality and quantity of the source water; and

2. Whether the system is properly designed, maintained and operated.

D. Proper operation and maintenance means operating and maintaining the public water system in compliance with this Chapter; 18 A.A.C. 5, Article 5; and in conformance with the applicable portions of Engineering Bulletin No. 10, "Guidelines for the Construction of Water Systems," incorporated by reference in A.A.C. R18-5-502.

E. The Department shall review the results of a sanitary survey to determine whether the existing monitoring frequency is adequate, and whether any additional measures are required in order to ensure that the system will remain in compliance with this Chapter.

F. In conducting a sanitary survey of a groundwater system, information on sources of contamination within a delineated wellhead protection area shall be considered by the Department instead of collecting new information, if the information was collected since the last time the system was subject to a sanitary survey.

G. A water supplier shall make the changes to the design, operation, and maintenance of the public water system specified by the Department in order to bring the system into compliance with the requirements of this Chapter, and shall make the changes within the time limits set by the Department.

H. A sanitary survey of a public water system shall be made by a representative of the Department, a professional engineer or sanitarian who is registered in Arizona, a certified water system operator, or other person approved by the Department.

I. A sanitary survey shall comply with A.R.S. § 41-1009 when conducted by the Department.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-208 repealed; new Section renumbered from R18-4-118 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-209 Unsafe Supplies

The Department may order a public water system to disconnect a source to protect the public health from an acute health risk that is attributable to the source. An acute health risk is posed when one of the following occurs:

1. A violation of a MCL for total coliform and fecal coliform or E. coli are present that is attributable to the source,

2. A violation of the MCL for nitrate or nitrite that is attributable to the source, or

3. An occurrence of a waterborne disease outbreak that is attributable to the source.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 7 A.A.R. 5067, effective October 16, 2001 (Supp. 01-4). Section R18-4-209 repealed; new Section renumbered from R18-4-117 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-210 Total Coliform; Special Events

A. A water system that does not meet the definition of a public water system, but serves a large number of persons for a short duration of time, such as a special event, must take corrective action as required in R18-4-126 after receiving a positive coliform result, including taking additional samples until all samples test negative for total coliform and negative for E. coli if:

1. The total number of user-days exceeds 600.

2. A user-day is calculated by multiplying the number of days the event will run by the average number of persons expected to be served each day.

B. The water system shall submit a minimum of two sample results to the Department at least seven days before the beginning of the special event. The water system shall submit a minimum of one additional sample result to the Department for each day of the special event.

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended subsection (C) and added subsection (D) effective January 6, 1984 (Supp. 84-1). Former Section R9-8-210 renumbered without change as Section R18-4-210 (Supp. 87-3). Repealed effective June 30, 1989 (Supp. 89-2). New Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section repealed by final rulemaking at 8 A.A.R. 3046, effective May 6, 2002 (Supp. 02-3). New Section R18-4-210 renumbered from R18-4-203 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3). Amended by final rulemaking at 22 A.A.R. 379, effective 4/2/2016.

Ariz. Admin. Code § R18-4-211 Reporting Requirements

A. Cross connection incidents. A public water system shall submit a written cross connection incident report to the Department and the local county health department within five days of the occurrence of a cross connection problem that results in contamination of water provided by the public water system. The report shall address all of the following:

Date and time of discovery of the cross connection incident,

2. Nature of the cross connection incident,

3. Affected area,

4. Cause of the cross connection incident,

5. Public health impact,

6. Date and text of any public health advisory issued,

7. Corrective action taken, and

8. Date of completion of corrective action.

B. Emergencies. A public water system shall notify the Department, by telephone or facsimile, as soon as possible but no later than 24 hours after the occurrence of any of the following emergencies:

1. Loss of water supply from a source;

2. Loss of water supply due to major component failure;

3. Damage to power supply equipment or loss of power;

4. Contamination of water in the distribution system from backflow;

5. Collapse of a reservoir, reservoir roof, or pumphouse structure;

6. Break in a transmission or distribution line that results in a loss of service to customers for more than four hours; and

7. Chemical or microbiological contamination of the water supply.

C. Waterborne disease outbreak. A public water system shall report to the Department the occurrence of a waterborne disease outbreak that may be attributable to water provided by the public water system as soon as possible but no later than 24 hours after the public water system receives actual notice of the waterborne disease outbreak.

D. Department requests for records. A public water system shall submit to the Department, within the time stated in the Department's request, copies of any records that the public water system is required to retain under this Chapter or copies of any documents that the Department is entitled to inspect under 42 U.S.C. 300j - 4(2001).

E. Department reporting forms. A public water system shall report to the Department the results of all analyses completed under this Chapter on Department-approved forms.

F. Direct reporting. A public water system may contract with a laboratory or another agent to report monitoring results to the Department, but the public water system remains legally responsible for compliance with reporting requirements.

G. Forty eight-hour reporting requirement. A public water system shall report the failure to comply with any of the provisions of this Chapter to the Department within 48 hours, except where a different reporting period is specified in this Chapter.

History

• Corrected A.R.S. reference (Supp. 77-3). Amended effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-211 renumbered without change as Section R18-4-211 (Supp. 87-3). Amended effective Dec. 1, 1988 (Supp. 88-4). Repealed effective June 30, 1989 (Supp. 89-2). New Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-211 repealed; new Section renumbered from R18-4-104 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-212 Groundwater under the Direct Influence of Surface Water

A. The Department suspects the following sources to be groundwater under the direct influence of surface water:

1. A spring;

2. An infiltration gallery;

3. A radial well collector, Ranney well, or horizontal well;

4. A well that is less than 500 feet from a surface water, and:

a. The Department conducts a vulnerability assessment and determines that the source is vulnerable to direct surface water influence, or

b. The Department cannot assess the vulnerability of the groundwater source to direct surface water influence because of a lack of information or the uncertainty of available information on the local hydrogeology or well construction characteristics;

5. A shallow well with perforations or well screens that are less than 50 feet below the ground surface;

6. A hand-dug or auger-bored well without a casing;

7. A groundwater source for which turbidity data is available that shows that the groundwater violates an interim MCL for turbidity;

8. A groundwater source for which data is available that shows that total coliform, fecal coliform, or E. Coli are present in untreated groundwater from the source that are not related to new well development, source modification, repair, or maintenance; and

9. Any groundwater source if the temperature of the groundwater fluctuates 15% to 20% from the mean groundwater temperature over the course of a year or if changes in the temperature of the groundwater correlate to similar changes in the temperature of surface water.

B. The Department shall conduct a sanitary survey of each public water system that the Department suspects is using a groundwater source under the direct influence of surface water.

C. The Department shall provide written notice to a public water system that the Department suspects a groundwater source is under the direct influence of surface water. A public water system may submit information to the Department to show that a groundwater source is not under the direct influence of surface water. Information that is submitted to show that a suspect groundwater source is not under the direct influence of surface water shall be in writing and shall be prepared by a qualified professional, such as a professional engineer registered in Arizona, registered geologist, water system operator, or hydrogeologist. The Department shall review any information submitted by a qualified professional to show a suspect groundwater source is not under the direct influence of surface water within 90 days after receipt of the information and determine if the source remains suspect.

D. If a groundwater source continues to be suspect after the analyses required in subsections (A) through (C), the Department may require a public water system that is suspected of using a groundwater source that is under the direct influence of surface water to conduct Microscopic Particle Analysis (MPA) monitoring of the groundwater source. A public water system may request that the Department allow the system to use an alternative method to determine whether a groundwater source is under the direct influence of surface water. An alternative method to determine whether a groundwater source is under the direct influence of surface water shall be approved by the Arizona Department of Health Services under 9 A.A.C. 14, Article 6.

E. A public water system shall conduct MPA monitoring as follows:

1. Each sample shall be representative of the groundwater source. A public water system shall not take a sample of blended water or a sample of water from the distribution system.

2. Each sample shall be collected and analyzed according to the procedures prescribed in the "Consensus Method for Determining Groundwaters Under the Direct Influence of Surface Water Using Microscopic Particulate Analysis (MPA)," EPA 910/9-92-029, United States Environmental Protection Agency, Environmental Services Division, Manchester Environmental Laboratory, 7411 Beach Dr. E., Port Orchard, WA 98366, October 1992 (and no future editions or amendments), which is incorporated by reference and on file with the Department.

The Department shall schedule MPA monitoring at a time when the groundwater source is most susceptible to direct surface water influence.

4. The Department shall use the MPA risk ratings in Table 1 to determine whether groundwater is under the direct influence of surface water.

a. If the MPA risk rating of the initial sample indicates a high or moderate risk of direct surface water influence, the public water system shall collect a second sample for MPA at the same location on a date scheduled by the Department. If the MPA risk rating of the second sample indicates a high or moderate risk of direct surface water influence, the Department shall determine that the groundwater is under the direct influence of surface water. If the risk rating of the second sample indicates a low risk of direct surface water influence, the public water system shall collect a third sample for MPA at the same location on a date scheduled by the Department. If a third sample is taken, the Department shall determine whether the groundwater is under the direct influence of surface water under subsection (E)(4)(c).

b. If the MPA risk rating of the initial sample indicates a low risk of direct surface water influence, the public water system shall collect a second sample for MPA at the same location on a date scheduled by the Department. If the MPA risk rating of the second sample indicates a low risk of direct surface water influence, the Department shall determine that the groundwater is not under the direct influence of surface water. If the MPA risk rating of the second sample indicates a high or moderate risk of direct surface water influence, the public water system shall collect a third sample for MPA at the same location on a date scheduled by the Department. If a third sample is taken, the Department shall determine whether the groundwater is under the direct influence of surface water under subsection (E)(4)(c).

c. If a third sample is required and the MPA risk rating of the third sample indicates a high or moderate risk of direct surface water influence, the Department shall determine that the groundwater is under the direct influence of surface water. If the MPA risk rating of the third sample indicates a low risk of direct surface water influence, the Department shall determine that the groundwater is not under the direct influence of surface water.

F. If the Department determines a source to be groundwater under the direct influence of surface water under subsection (E) and a public water system demonstrates to the Department that it is feasible to take corrective action to prevent direct surface water influence, the Department shall establish a schedule of compliance for the public water system to take corrective action instead of requiring installation of filtration and disinfection treatment. A schedule of compliance to take corrective action shall require:

1. Completion of corrective action no later than 18 months after receipt of the initial MPA monitoring results, and

2. A second round of MPA monitoring to determine whether the source is under the direct influence of surface water after completion of the corrective action.

G. Except as provided in subsection (F), a public water system with a source that the Department determines to be groundwater under the direct influence of surface water shall provide filtration and disinfection required under 40 CFR 141 Subparts H, P, and T, as incorporated by reference in this Chapter, within 18 months after the date that the Department makes the final determination that the groundwater is under the direct influence of surface water.

H. The Department shall provide a written notice to a public water system of a final determination that a groundwater source is under the direct influence of surface water. The notice shall contain the information required by A.R.S. § 41-1092.03(A).

I. A public water system may appeal a final determination that a groundwater source is under the direct influence of surface water by serving notice of appeal with the Department under the Uniform Administrative Hearing Procedures in A.R.S. Title 41, Chapter 6, Article 10. A public water system shall file notice of appeal with the Department within 30 days after receiving notice of the Department's determination that a groundwater source is under the direct influence of surface water. The Department shall notify the Office of Administrative Hearings which shall schedule a hearing on the appeal within 60 days after the date that notice of appeal is filed with the Department. Hearings shall be conducted according to the Uniform Administrative Hearing Procedures in A.R.S. Title 41, Chapter 6, Article 10.

History

• Adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended effective December 8, 1998 (Supp. 98-4). Section R18-4-212 repealed; new Section renumbered from R18-4-301.01 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-213 Standards for Additives, Materials, and Equipment

A. Each product added directly to water during production or treatment shall conform to ANSI/NSF Standard 60. Products covered by this subsection include but are not limited to:

1. Coagulation and flocculation chemicals;

2. Chemicals for corrosion and scale control;

Chemicals for softening, precipitation, sequestering, and pH adjustment;

4. Disinfection and oxidation chemicals;

5. Chemicals for fluoridation, defluoridation, algae control, and dechlorination;

6. Dyes and tracers;

7. Antifreezes, antifoamers, regenerants, and separation process scale inhibitors and cleaners; and

8. Water well drilling and rehabilitation aids.

B. Except as identified in subsections (D) and (E), a material or product installed after January 1, 1993, that comes into contact with water or a water treatment chemical shall conform to ANSI/NSF Standard 61. Products and materials covered by this subsection include but are not limited to:

1. Process media, such as carbon and sand;

2. Joining and sealing materials, such as solvents, cements, welding materials, and gaskets;

3. Lubricants;

4. Pipes and related products, such as tanks and fittings;

5. Mechanical devices used in treatment, transmission, or distribution systems such as valves, chlorinators, and separation membranes; and

6. Surface coatings and paints.

C. Evidence that a product conforms to the requirements of this Section shall be the appearance on the product or product package of a seal of a certifying entity that is accredited by the American National Standards Institute to provide the certification.

D. Chemicals and additives certified as conforming to the national sanitation foundation standards comply with the standards required by this section. ... In those instances where chemicals, additives and drinking water system components that come into contact with drinking water are essential to the design, construction or operation of the drinking water system and have not been certified by the national sanitation foundation or have national sanitation foundation certification but are not available from more than one source, the standards shall provide for the use of alternatives which include:

1. Chemicals and additives composed entirely of ingredients determined by the environmental protection agency, the food and drug administration or other federal agencies as appropriate for addition to potable water or aqueous food.

Chemicals and additives composed entirely of ingredients listed in the national academy of sciences water chemicals codex.

3. Chemicals, additives and drinking water system components consistent with the specifications of the American water works association.

4. Chemicals, additives and drinking water system components that are designed for use in drinking water systems and that are consistent with the specifications of the American society for testing and materials.

5. Drinking water system components that are historically used or in use in drinking water systems consistent with standard practice and that have not been demonstrated during past applications in the United States to contribute to water contamination. A.R.S. §§ 49-353.01(B) and (C) (2006).

E. The Department exempts the following materials and products from the requirement to conform to ANSI/NSF Standard 61:

1. A concrete structure, tank, or treatment tank basin that is constructed onsite if the structure, tank, or basin is not normally coated or sealed and the construction materials used in the concrete are consistent with subsection (D). If a coating or sealant is specified by the design engineer, the coating or sealant shall comply with ANSI/NSF Standard 61;

2. An earthen reservoir or canal located upstream of water treatment;

3. A water treatment plant that is comprised of components that comply with subsections (B), (C), and (D);

4. A synthetic tank constructed of material that meets Food and Drug Administration standards for a material that comes into contact with drinking water or aqueous food, or a galvanized steel tank, either of which is:

a. Less than 15,000 gallons in capacity, and

b. Used in a public water system with 500 or fewer service connections; or

5. A pipe, treatment plant component, or water distribution system component made of lead-free stainless steel.

History

• Former Section R9-8-213 repealed, new Section R9-8-213 adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-213 renumbered without change as Section R18-4-213 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-213 repealed; new Section renumbered from R18-4-119 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-214 Hauled Water

A. All hauled water for delivery to a public water system shall be obtained from a source that is approved pursuant to 18 A.A.C. 5, Article 5, or a regulated public water system.

B. Materials or products that come into contact with the water shall comply with R18-4-213(B).

C. Roof hatches shall be fitted with a watertight cover.

D. A bottom drain valve or other provisions to allow complete drainage and cleaning of a water transport container shall be provided.

E. Hoses that are used to deliver drinking water shall be equipped with a cap and shall remain capped when not in use.

F. A water hauler shall, at all times, maintain a residual free chlorine level of 0.2 mg/l to 1.0 mg/l in the water that is hauled in a water transport container. A chlorine disinfectant shall be added at the time water is loaded into the container. The residual free chlorine level shall be measured each time water is off-loaded from the container. The water hauler shall maintain a log of all on-loading, chlorine disinfectant additions and residual-free chlorine measurements. Such records shall be maintained for at least three years and made available to the Department for review upon request.

G. A water transport container shall be for hauling drinking water only. The container shall be plainly and conspicuously labeled "For Drinking Water Use Only."

History

• Adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-214 repealed; new Section renumbered from R18-4-125 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-214.01 [REPEALED]

History

• New Section made by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-214.01 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-214.02 [REPEALED]

History

• New Section made by final rulemaking at 8 A.A.R. 3046, effective January 1, 2004 (Supp. 02-3). R18-4-214.02 including Table 1 and Table 2 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-215 Backflow Prevention

A. A public water system shall protect its system from contamination caused by backflow through unprotected cross-connections by requiring the installation and periodic testing of backflow-prevention assemblies. Required backflow-prevention assemblies shall be installed as close as practicable to the service connection.

B. A public water system shall ensure that a backflow-prevention assembly is installed whenever any of the following occur:

1. A substance harmful to human health is handled in a manner that could permit its entry into the public water system. These substances include chemicals, chemical or biological process waters, water from public water supplies that has deteriorated in sanitary quality, and water that has entered a fire sprinkler system. A Class 1 or Class 2 fire sprinkler system is exempt from the requirements of this Section;

2. A source of water supply exists on the user's premises that is not accepted as an additional source by the public water system or is not approved by the Department;

3. An unprotected cross-connection exists or a cross-connection problem has previously occurred within a user's premises; or

There is a significant possibility that a cross-connection problem will occur and entry to the premises is restricted to the extent that cross-connection inspections cannot be made with sufficient frequency or on sufficiently short notice to ensure that unprotected cross-connections do not exist.

C. Unless a cross-connection problem is specifically identified, or as otherwise provided in this Section, the requirements of this Section shall not apply to single-family residences used solely for residential purposes.

D. A backflow-prevention assembly required by this Section shall comply with the following:

1. If equipped with test cocks, it shall have been issued a certificate of approval by:

a. The University of Southern California Foundation for Cross-Connection Control and Hydraulic Research (USC-FCCCHR), or

b. A third-party certifying entity that is unrelated to the product's manufacturer or vendor, and is approved by the Department.

2. If not equipped with test cocks, it shall be approved by a third-party certifying entity that is unrelated to the product's manufacturer or vendor and is approved by the Department.

E. The minimum level of backflow protection that is provided to protect a public water system shall be the level recommended in Section 7.2 of the Manual of Cross-Connection Control, Ninth Edition, USC-FCCCHR, KAP-200 University Park MC-2531, Los Angeles, CA, 90089-2531, December 1993, (and no future editions or amendments), incorporated by reference and on file with the Department. The types of backflow prevention that may be required, listed in decreasing order according to the level of protection they provide, include: an air-gap separation (AG), a reduced pressure principle backflow prevention (RP) assembly, a pressure vacuum breaker (PVB) assembly, and a double check valve (DC) assembly. Nothing contained in this Section shall prevent a public water system from requiring the use of a higher level of protection than the level required by this subsection.

1. A public water system may make installation of a required backflow-prevention assembly a condition of service. A user's failure to comply with this requirement shall be sufficient cause for the public water system to terminate water service.

2. Specific installation requirements for backflow prevention include the following:

a. Any backflow prevention required by this Section shall be installed in accordance with the manufacturer's specifications.

b. For an AG installation, all piping between the user's connection and the receiving tank shall be entirely visible unless otherwise approved in writing by the public water system.

c. An RP assembly shall not be installed in a meter box, pit, or vault unless adequate drainage is provided.

d. A PVB assembly may be installed for use on a landscape water irrigation system if the irrigation system conforms to all of the criteria listed below. An RP assembly is required whenever any of the criteria are not met.

i. The water use beyond the assembly is for irrigation purposes only;

ii. The PVB is installed in accordance with the manufacturer's specifications;

iii. The irrigation system is designed and constructed to be incapable of inducing backpressure; and

iv. The injection of chemical pesticides and fertilizers, chemigation, is not used or provided in the irrigation system.

F. Each backflow-prevention assembly required by this Section shall be tested at least annually, or more frequently if directed by the public water system or the Department. Each assembly shall also be tested after installation, relocation, or repair. An assembly shall not be placed in service unless it has been tested and is functioning as designed. The following provisions shall apply to the testing of backflow-prevention assemblies:

1. Testing shall be in accordance with procedures described in Section 9 of the Manual of Cross-Connection Control. The public water system shall notify the water user when testing of backflow-prevention assemblies is needed. The notice shall specify the date by which the testing must be completed and the results forwarded to the public water system.

2. Testing shall be performed by a person who is currently certified as a "general" tester by the California-Nevada Section of the American Water Works Association (CA-NV Section, AWWA), the Arizona State Environmental Technical Training (ASETT) Center, or other certifying authority approved by the Department.

3. When a backflow-prevention assembly is tested and found to be defective, it shall be repaired or replaced in accordance with the provisions of this Section.

G. A public water system shall maintain records of backflow-prevention assembly installations and tests performed on backflow-prevention assemblies in its service area. Records shall be retained by the public water system for at least three years and shall be made available for review by the Department upon request. These records shall include an inventory of backflow-prevention assemblies required by this Section and, for each assembly, all of the following information:

1. Assembly identification number and description,

2. Location,

3. Date of tests,

4. Description of repairs and recommendations for repairs made by the tester, and

5. The tester's name and certificate number.

H. A public water system shall submit a written cross-connection incident report to the Department and the local health authority within five business days after a cross-connection problem occurs that results in contamination of the public water system. The report shall address all of the following:

1. Date and time of discovery of the unprotected cross-connection,

Nature of the cross-connection problem,

3. Affected area,

4. Cause of the cross-connection problem,

5. Public health impact,

6. Date and text of any public health advisory issued,

Each corrective action taken, and

8. Date of completion of each corrective action.

I. An individual with direct responsibility for implementing a backflow prevention program for a water system serving more than 50,000 persons, or an individual with direct responsibility for implementing a backflow prevention program for a for a water system serving 50,000 or fewer persons if the Department has determined that such a need exists, shall be licensed as a "cross-connection control program specialist" by the CA-NV Section, AWWA, the ASETT Center, or another certifying authority approved by the Department.

History

• Adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Section R18-4-215 repealed; new Section renumbered from R18-4-115 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-216 Vending Machines

An owner of a water vending machine shall be responsible for the proper operation of each water vending machine. The owner shall do all of the following:

1. Clean and maintain each water vending machine according to the manufacturer's recommendations;

2. Retain maintenance and cleaning records for one year;

3. Have analyses performed at least once every six months for total coliform bacteria. Results of such analyses shall be retained for one year. If a sample is positive for total coliform, the water vending machine shall be removed from service, and all components shall be cleaned, replaced, or serviced. The water vending machine shall not be placed back into service until another total coliform bacteria analysis is performed and the result is negative; and

Maintain in operable condition all ultraviolet, ozone, or other disinfection components and automatic disabling capabilities built into the vending machine for use in the event of a disinfection system malfunction.

History

• Adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-216 repealed; new Section renumbered from R18-4-123 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-217 Use of Blending to Achieve Compliance with Maximum Contaminant Levels

A. A public water system may use blending to achieve compliance with a MCL if all of the following requirements are met:

1. The public water system has obtained the Department's written approval for a blending plan that includes the following elements:

a. Detailed drawings and schematics that show flow, concentrations, and controls;

b. Proposed automatic or electronic devices that will be incorporated to ensure that the blend remains in the desired range or shuts off the offending source or triggers an alarm when the blend falls out of the desired range;

c. Individual test results from all sources proposed to be blended;

d. Projected contaminant levels that will result from blending that show both best-case and worst-case scenarios;

e. Identified techniques, and any other information requested by the Department, that show how the blending plan will produce water that will comply with MCLs; and

2. The public water system has obtained the Department's written approval for a monitoring program designed to verify continued compliance with MCLs at all subsequent downstream service connections. This program shall include monitoring on at least a quarterly basis of both of the following:

a. All sources contributing to the blend; and

b. Blended water to ensure that the provisions of this Section are met.

B. A public water system shall submit an amended blending plan to the Department to confirm that the new blend achieves compliance with MCLs whenever sources are added to or removed from service or the relative flow rates from blended sources are changed in a way that changes the blend.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 7 A.A.R. 5067, effective October 16, 2001 (Supp. 01-4). Section R18-4-217 repealed; new Section renumbered from R18-4-221 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-218 Criteria and Procedures for Public Water Systems Using Point-of-entry or Point-of-use Treatment Devices

A. A water supplier may use a point-of-entry (POE) or point-of-use (POU) treatment technology to achieve compliance with a MCL or treatment technique if the water supplier meets the requirements of this Section.

B. A public water system may use a POE or POU treatment device to achieve compliance with a MCL, if the treatment device:

1. Is not used to achieve compliance with an MCL or treatment technique for a microbial contaminant or an indicator for a microbial contaminant, in accordance with 42 U.S.C. 300g - 1(b)(4)(E)(ii) (2007);

2. Is listed in 40 CFR 141 as an acceptable compliance technology for the applicable contaminant;

3. Is certified against the applicable NSF/ANSI Standards;

4. Is owned, controlled and maintained by a public water system or by a person under contract with the public water system to ensure proper operation, maintenance, and compliance with MCLs or treatment techniques; and

5. Is equipped with mechanical warnings to ensure that customers are automatically notified of recommended system maintenance and or operational problems. This performance indication device shall provide notice to the end user at a defined moment in time without shutting off the POE or POU device.

C. Prior to installing a POE or POU treatment device, a public water system shall obtain the Department's written approval of a POE or POU operation and maintenance (O & M) plan. A public water system shall submit an O & M plan to the Department that ensures proper long-term operation, maintenance, and monitoring of the POE or POU treatment devices. An O & M plan shall ensure that:

1. The POE or POU treatment device provides health protection equivalent to the health protection provided by centralized water treatment. "Equivalent" means that water treated by the POE or POU treatment device meets all national primary drinking water regulations.

2. A residential building, or a nonresidential building that uses water for human consumption, that is connected to the public water system has a POE or POU treatment device that is installed, operated, maintained, and monitored in a manner that assures continuous compliance with the MCLs, treatment techniques, and other requirements of this Chapter.

3. Multi-unit residential and nonresidential buildings utilizing POU treatment devices to achieve compliance with this Chapter have a sufficient number of POU devices installed to provide adequate potable water for all residents, employees, and customers.

4. The rights and responsibilities of persons served by the public water system are conveyed with the title upon the sale of property containing a POU treatment device, including but not limited to the following:

a. The public water system owns and is responsible for maintaining a POU treatment device that is installed to meet the requirements of this Section; and

b. Persons served by public water systems must grant public water system employees reasonable access to POU treatment devices, so that the devices can be properly maintained. Public water systems may discontinue water service to a customer who refuses to allow public water system employees to enter the customer's home or business to inspect and maintain POU treatment devices.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-218 repealed; new Section renumbered from R18-4-222 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-219 Exclusions

A. A water supplier may request an exclusion from any requirement contained in this Chapter if such requirement is not also a requirement contained in a federal drinking water law. The Department shall consider the application of a water supplier for an exclusion from compliance with portions of this Chapter if the water supplier satisfactorily demonstrates that:

1. The request is not for a requirement that could be the subject of a variance or exemption under R18-4-103;

2. The request is not for requirements relating to turbidity, nitrate, or microbiological contaminants; and

3. The exclusion will not result in unreasonable risk to public health.

B. An application for an exclusion shall contain the following information:

1. The nature and duration of the exclusion requested,

2. Analytical results of water quality sampling of the water system including tests conducted as required by this Chapter,

3. An explanation and submittal of evidence that the exclusion will not result in an unreasonable risk to public health, and

4. Other information that the applicant believes to be pertinent or that the Department requires.

C. The Department shall take the following action on the application:

1. If the Department grants the request for an exclusion, it shall notify the applicant of that decision in writing within 90 days of receipt of the application. Such notice shall identify the facility covered, the conditions and requirements of the exclusion, including control measures, and that the exclusion may be terminated upon a finding that the water system has failed to comply with any conditions or requirements of the exclusion.

2. If the Department determines that an exclusion is not justified, it shall notify the applicant of the intention of denial within 90 days of receipt of the application, indicating the reasons for the proposed denial, and shall offer the applicant an opportunity to submit additional information to the Department within 30 days of the notice of intention to deny application. The Department shall make a final determination and notify the applicant within 30 days after receiving such additional information. If no additional information is submitted, the application shall be denied.

D. In addition to reviewing a request submitted by a water supplier, the Department may, on its own initiative, grant exclusions to water systems, either individually or on a group basis, if the exclusions meet criteria prescribed in subsection (A).

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-219 repealed; new Section renumbered from R18-4-112 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-220 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-220 renumbered without change as Section R18-4-220 (Supp. 87-3). Section repealed effective June 30, 1989 (Supp. 89-2). New Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-220 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-221 Renumbered

History

• Former Section R9-8-221 repealed, new Section R9-8-221 adopted effective May 26, 1978 (Supp. 78-3). Correction, subsection (D), paragraph (2), subparagraph (b), drinking water standard for silvex, should read 0.01 mg/l as amended effective May 26, 1978 (Supp. 82-3). Amended subsection (D) effective November 2, 1982 (Supp. 82-6). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-221 renumbered without change as Section R18-4-221 (Supp. 87-3). Amended and new subsections (F) and (G) added effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-221 renumbered to R18-4-217 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-222 Renumbered

History

• Former Section R9-8-222 repealed, new Section R9-8-222 adopted effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-222 renumbered without change as Section R18-4-222 (Supp. 87-3). Amended and new subsections (C) and (D) added effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-222 renumbered to R18-4-218 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-223 Use of Bottled Water

A. A public water system may use bottled water on a temporary basis to avoid an unreasonable risk to health. A public water system shall not use bottled water to achieve compliance with a MCL.

B. If a public water system uses bottled water to avoid an unreasonable risk to health, the public water system is responsible for the provision of sufficient quantities of bottled water to every person served by the public water system via door-to-door bottled water delivery.

C. A public water system that uses bottled water as a condition for receiving a variance or an exemption shall comply with the following:

1. The public water system shall develop and put in place a monitoring program approved by the Department that provides reasonable assurances that the bottled water meets applicable MCLs. The public water system shall monitor a representative sample of the bottled water to determine compliance with applicable MCLs during the first three-month period that it supplies the bottled water to the public and annually thereafter. Results of the bottled water monitoring program shall be provided to the Department annually; or

2. The public water system shall receive a certification from the bottled water company that the bottled water supplied has been taken from an "approved source" as defined in 21 CFR 129.3(a); the bottled water company has conducted monitoring in accordance with 21 CFR 129.80(g)(1) through (3); and the bottled water does not exceed any MCLs or quality limits as set out in 21 CFR 165.110, 21 CFR 110, and 21 CFR 129. The public water system shall provide the certification to the Department in the first quarter after it supplies bottled water and annually thereafter. The Department may waive the certification requirements prescribed in this subsection if an approved monitoring program is already in place in another state; and

3. The public water system is fully responsible for the provision of sufficient quantities of bottled water to every person served by the public water system via door-to-door bottled water delivery.

History

• Former Section R9-8-223 repealed, new Section R9-8-223 adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended subsection (D), paragraph (4) effective November 2, 1982 (Supp. 82-6). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-223 renumbered without change as Section R18-4-223 (Supp. 87-3). Amended and a new subsection (F) added effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Section repealed, new Section adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-4-224 Renumbered

History

• Former Section R9-224 repealed, new Section R9-8-224 adopted effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-224 renumbered without change as Section R18-4-224 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Former Section R18-4-224 repealed effective August 8, 1991 (Supp. 91-3). New Section adopted effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking at 7 A.A.R. 5067, effective October 16, 2001 (Supp. 01-4). Section R18-4-224 renumbered to R18-4-301 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-225 Renumbered

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-225 renumbered without change as Section R18-4-225 (Supp. 87-3). Former Section R18-4-224 repealed effective August 8, 1991 (Supp. 91-3). New Section adopted effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking at 7 A.A.R. 5067, effective October 16, 2001 (Supp. 01-4). Section R18-4-225 renumbered to R18-4-304 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-226 Renumbered

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended subsection (B) effective January 6, 1984 (Supp. 84-1). Former Section R9-8-226 renumbered without change as Section R18-4-226 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Former Section R18-4-224 repealed effective August 8, 1991 (Supp. 91-3). New Section adopted effective December 8, 1998 (Supp. 98-4). Amended by final rulemaking at 7 A.A.R. 5067, effective October 16, 2001 (Supp. 01-4). Section R18-4-226 renumbered to R18-4-305 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-227 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-3-227 renumbered without change as Section R18-4-227 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Former Section R18-4-224 repealed effective August 8, 1991 (Supp. 91-3).

Ariz. Admin. Code § R18-4-228 [REPEALED]

History

• Adopted effective June 30, 1989 (Supp. 89-2). Former Section R18-4-224 repealed effective August 8, 1991 (Supp. 91-3).

Ariz. Admin. Code § R18-4-229 [REPEALED]

History

• Adopted effective June 30, 1989 (Supp. 89-2). Former Section R18-4-224 repealed effective August 8, 1991 (Supp. 91-3).

Ariz. Admin. Code § R18-4-230 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-230 renumbered without change as Section R18-4-230 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-231 [REPEALED]

History

• Former Section R9-8-231 repealed, new Section R9-8-231 adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-231 renumbered without change as Section R18-4-231 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-232 [REPEALED]

History

• Former Section R9-8-232 repealed, new Section R9-8-232 adopted effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-232 renumbered without change as Section R18-4-232 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-233 [REPEALED]

History

• Former Section R9-8-233 repealed, new Section R9-8-232 adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-233 renumbered without change as Section R18-4-233 (Supp. 87-3). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-234 [REPEALED]

History

• Former Section R9-8-234 repealed, new Section R9-8-234 adopted effective May 26, 1978 (Supp. 78-3). Amended effective Feb. 20, 1980 (Supp. 80-1). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-234 renumbered without change as Section R18-4-234 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-235 [REPEALED]

History

• Adopted effective January 6, 1984 (Supp. 84-1). Former Section R9-8-235 renumbered without change as Section R18-4-235 (Supp. 87-3). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-236 [REPEALED]

History

• Adopted effective January 6, 1984 (Supp. 84-1). Former Section R9-8-236 renumbered without change as Section R18-4-236 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-237 [REPEALED]

History

• Adopted effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-238 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-239 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-240 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-241 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-242 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-243 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-244 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-245 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-246 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-247 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-248 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-249 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-250 [REPEALED]

History

• Former Section R9-8-250 repealed, new Section R9-8-250 adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-250 renumbered without change as Section R18-4-250 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-251 [REPEALED]

History

• Former Section R9-8-250 repealed, new Section R9-8-251 adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended by adding subsection (B) effective November 2, 1982 (Supp. 82-6). Former Section R9-8-251 renumbered without change as Section R18-4-251 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Repealed effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-252 [REPEALED]

History

• Former Section R9-8-252 repealed, new Section R9-8-252 adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended subsection (A) effective January 6, 1984 (Supp. 84-1). Former Section R9-8-252 renumbered without change as Section R18-4-252 (Supp. 87-3). Amended by adding a new subsection (C) effective June 30, 1989 (Supp. 89-2). Repealed effective August 8, 1991 (Supp. 91-3).

Ariz. Admin. Code § R18-4-253 [REPEALED]

History

• Former Section R9-8-253 repealed, new Section R9-8-253 adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended subsection (A) and deleted subsection (B) effective January 6, 1984 (Supp. 84-1). Former Section R9-8-253 renumbered without change as Section R18-4-253 (Supp. 87-3). Repealed effective August 8, 1991 (Supp. 91-3).

Ariz. Admin. Code § R18-4-254 Reserved

Ariz. Admin. Code § R18-4-255 Reserved

Ariz. Admin. Code § R18-4-256 Reserved

Ariz. Admin. Code § R18-4-257 Reserved

Ariz. Admin. Code § R18-4-258 Reserved

Ariz. Admin. Code § R18-4-259 Reserved

Ariz. Admin. Code § R18-4-260 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-260 renumbered without change as Section R18-4-260 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-261 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-261 renumbered without change as Section R18-4-261 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-262 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-262 renumbered without change as Section R18-4-262 (Supp. 87-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-263 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-263 renumbered without change as Section R18-4-263 (Supp. 87-3). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-264 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended subsection (B) effective January 6, 1984 (Supp. 84-1). Former Section R9-8-264 renumbered without change as Section R18-4-264 (Supp. 87-3). Repealed effective June 30, 1989 (Supp. 89-2). New Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-265 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-265 renumbered without change as Section R18-4-265 (Supp. 87-3). Amended subsections (B) and (C) effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-266 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-266 renumbered without change as Section R18-4-266 (Supp. 87-3). Amended subsection (A) effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-267 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-267 renumbered without change as Section R18-4-267 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-268 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-268 renumbered without change as Section R18-4-268 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-269 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-269 renumbered without change as Section R18-4-269 (Supp. 87-3). Amended subsection (A) effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-270 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-270 renumbered without change as Section R18-4-270 (Supp. 87-3). Repealed effective June 30, 1989 (Supp. 89-2). New Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-271 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-271 renumbered without change as Section R18-4-271 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-272 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended subsections (A) and (D) effective January 6, 1984 (Supp. 84-1). Former Section R9-8-272 renumbered without change as Section R18-4-272 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-273 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Amended effective August 7, 1979 (Supp. 79-4). Amended effective January 6, 1984 (Supp. 84-1). Former Section R9-8-273 renumbered without change as Section R18-4-273 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-274 Reserved

Ariz. Admin. Code § R18-4-275 Reserved

Ariz. Admin. Code § R18-4-276 Reserved

Ariz. Admin. Code § R18-4-277 Reserved

Ariz. Admin. Code § R18-4-278 Reserved

Ariz. Admin. Code § R18-4-279 Reserved

Ariz. Admin. Code § R18-4-280 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-281 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-282 [REPEALED]

History

• Adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Ariz. Admin. Code § R18-4-283 Reserved

Ariz. Admin. Code § R18-4-284 Reserved

Ariz. Admin. Code § R18-4-285 Reserved

Ariz. Admin. Code § R18-4-286 Reserved

Ariz. Admin. Code § R18-4-287 Reserved

Ariz. Admin. Code § R18-4-288 Reserved

Ariz. Admin. Code § R18-4-289 Reserved

Ariz. Admin. Code § R18-4-290 [REPEALED]

History

• Adopted effective May 26, 1978 (Supp. 78-3). Former Section R9-8-290 renumbered without change as Section R18-4-290 (Supp. 87-3). Amended effective June 30, 1989 (Supp. 89-2). Section repealed, new Section adopted effective August 8, 1991 (Supp. 91-3). Repealed effective April 28, 1995 (Supp. 95-2).

Article 3 MONITORING ASSISTANCE PROGRAM

Ariz. Admin. Code § R18-4-301 Applicability

A. A public water system that serves 10,000 or fewer persons shall participate in the monitoring assistance program. Within 60 days after receiving notice of participation in the monitoring assistance program from the Department, a public water system that determines that it serves more than 10,000 persons shall substantiate its determination by submitting to the Department the portion of the most recent census provided by the Arizona Department of Economic Security, Research Administration, Population Statistics Unit that supports the public water system's determination.

B. A public water system that is not obligated to participate in the monitoring assistance program may elect to participate in the monitoring assistance program if the owner of the public water system:

1. Notifies the Department in writing of the public water system's intention to participate in the monitoring assistance program,

2. Agrees to participate in the monitoring assistance program for a minimum of three years, and

3. Pays the fees required by R18-4-304 . Subject to payment of the required fees, the public water system's participation shall begin at the start of the next full calendar year of a compliance period.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-301 repealed; new Section renumbered from R18-4-224 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-301.01 Renumbered

History

• New Section adopted by final rulemaking at 5 A.A.R. 1686, effective April 19, 1999 (Supp. 99-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-301.01 renumbered to R18-4-212 by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3)

Ariz. Admin. Code § R18-4-301.02 [REPEALED]

History

• New Section made by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-301.02 and Tables 1 and 2 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-302 Contractor Responsibilities

A. Under the monitoring assistance program, a contractor is authorized to collect, transport, analyze, and report water samples on behalf of a participating public water system. The contractor or a party designated by the contractor shall conduct baseline monitoring for all chemicals for which the system is required to monitor under this Chapter, except for copper, lead, disinfection byproducts, and microbiological contaminants, which remain the responsibility of the public water system. Baseline monitoring includes routine monitoring for contaminants included in the monitoring assistance program. Baseline monitoring does not include increased monitoring required by this Chapter when the results of baseline monitoring indicate the presence of a contaminant at a level that requires increased monitoring by a participating public water system.

B. A contractor shall deliver copies of monitoring analysis results to the public water system and to the Department.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-302 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-303 Public Water System Responsibilities

A. Although a contractor performs baseline monitoring when a public water system participates in the monitoring assistance program, the public water system remains legally responsible for compliance with all other requirements of this Chapter.

B. The legal owner of a public water system participating in the monitoring assistance program shall notify the Department by July 1 of each year of:

1. The legal owner's name, current mailing address, and phone number;

2. The population currently served by the public water system;

3. The public water system identification number; and

4. The number of meters and service connections currently in the public water system.

C. A public water system that participates in the monitoring assistance program shall not deny a contractor access to or restrict a contractor's access to the public water system or prevent a contractor from collecting a sample covered under the monitoring assistance program.

D. Direct reporting. A public water system may contract with a laboratory or another agent to report monitoring results to the Department, but the public water system remains legally responsible for compliance with reporting requirements.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-303 repealed; new Section made by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-304 Fees for the Monitoring Assistance Program

A. The Department shall assess, and a public water system participating in the monitoring assistance program shall pay, the following annual fees, subject to adjustments referenced in subsection (B):

1. An annual fee of $250, and

2. A unit fee of $2.57 per meter or service connection.

B. If the monitoring assistance fund has a surplus after execution of the previous year's contract, any surplus in excess of $200,000 in any year shall be used to reduce future fees for public water systems that paid annual fees in the previous compliance period, in a manner consistent with the program invoicing system. In the first compliance period that a public water system participates in the monitoring assistance program, the public water system shall pay the full amount of annual fees due under this Section, and is not entitled to a fee reduction resulting from a surplus in the monitoring assistance fund from a prior compliance period.

C. If a public water system serving 10,000 or fewer persons at the beginning of a compliance period increases service during the compliance period so that the public water system serves more than 10,000 persons annually, the public water system may elect to cease participation in the monitoring assistance program under the following conditions:

1. If the monitoring assistance program has already conducted monitoring for the public water system during the compliance period, the public water system shall remain in the monitoring assistance program, and pay annual fees, for the remainder of the compliance period.

2. If the monitoring assistance program has not conducted monitoring for the public water system during the compliance period, the public water system may cease participating in the monitoring assistance program, and if so, the Department shall refund any monitoring fees paid by the public water system during the compliance period.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-304 repealed; new Section renumbered from R18-4-225 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-305 Collection and Payment of Fees

A. The Department shall annually mail an invoice for fees to the legal owner of a public water system participating in the monitoring assistance program. The owner of the public water system shall pay the invoiced amount to the Department, at the address listed on the invoice, by the due date indicated on the invoice.

B. The Department shall make refunds or billing corrections if a public water system demonstrates an error in the amount billed. The owner of a public water system shall send a written request for a refund or correction to the Department, at the address on the invoice, within 90 days of the invoice date.

C. The Department may verify the number of meters and service connections of a participating public water system.

D. The Department shall not waive fees prescribed by R18-4-304.

E. The owner of a public water system that fails to pay fees assessed by the Department in a timely manner shall be subject to the penalties listed in A.R.S. § 49-354. Failure to notify the Department of the owner's current mailing address does not relieve the owner of a public water system from liability for penalties.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Section R18-4-305 renumbered to R18-4-306 by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). New Section R18-4-305 renumbered from R18-4-226 and amended by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-306 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Former Section R18-4-306 repealed; new Section R18-4-306 renumbered from R18-4-305 and amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-307 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-308 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-309 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-310 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-311 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-312 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-313 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-314 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-315 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-316 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-317 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Article 4 OTHER SAFE DRINKING WATER ACT REGULATIONS

Ariz. Admin. Code § R18-4-401 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective December 8, 1998 (Supp. 98-4). Former Section R18-4-401 repealed; new Section R18-4-401 renumbered from R18-4-402 and amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-402 Use of Lead Free Pipes, Fittings, Fixtures, Solder, and Flux for Drinking Water - 40 CFR 143, Subpart B

40 CFR 143, Subpart B (40 CFR 143.10 through 143.20) revised as of July 1, 2021 and published by the Office of the Federal Register, National Archives and Records Administration is incorporated by reference. This rule does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the U.S. Government Publishing Office, bookstore.gpo.gov, P.O. Box. 979050, St. Louis, MO 63197-9000.

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended effective December 8, 1998 (Supp. 98-4). Former Section R18-4-402 renumbered to R18-4-401; new Section R18-4-402 renumbered from R18-4-403 and amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3). New Section made by final expedited rulemaking at 29 A.A.R. 1472, effective 6/7/2023.

Ariz. Admin. Code § R18-4-403 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Section repealed; new Section adopted effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 7 A.A.R. 5067, effective October 16, 2001 (Supp. 01-4). Section R18-4-403 renumbered to R18-4-402 by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). New Section made by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-404 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective December 8, 1998 (Supp. 98-4). Section repealed by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-4-405 [REPEALED]

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective December 8, 1998 (Supp. 98-4). Section repealed by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1).

Article 5 RECODIFIED

Ariz. Admin. Code § R18-4-501 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Section recodified to R18-5-501 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-502 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). A.R.S. citation in subsection (D)(4) corrected (Supp. 04-1). Section recodified to R18-5-502 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-503 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section recodified to R18-5-503 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-504 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended effective June 3, 1998 (Supp. 98-3). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section recodified to R18-5-504 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-505 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Subsection citation in subsection (B) corrected (Supp. 04-1). Section recodified to R18-5-505 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-506 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section recodified to R18-5-506 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-507 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section recodified to R18-5-507 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-508 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section recodified to R18-5-508 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-4-509 Recodified

History

• Adopted effective April 28, 1995 (Supp. 95-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section recodified to R18-5-509 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Article 6 CAPACITY DEVELOPING REQUIREMENTS FOR A NEW PUBLIC DRINKING WATER SYSTEM

Ariz. Admin. Code § R18-4-601 Applicability

This Article applies to new CWSs and new NTNCWSs that begin operation on or after October 1, 1999. This Article does not apply to an existing public water system.

History

• New Section adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4).

Ariz. Admin. Code § R18-4-602 Elementary Business Plan

A. To become a new public water system, an owner shall file an elementary business plan for review and approval by the Department, on a form provided by the Department. The elementary business plan shall meet the requirements of and contain all information required in R18-4-603, R18-4-604, and R18-4-605.

B. An owner shall not commence operation of a public water system without Department approval under R18-4-606.

C. If the owner of a new public water system fails to submit a complete application, the Department shall suspend the review process and send a notice of incomplete elementary business plan to the owner. The owner shall submit the missing information to the Department within 60 days of the date of the notice of incomplete elementary business plan. If missing information is not received at the Department within the 60 day time period, the Department shall deny the elementary business plan and return the elementary business plan to the owner.

History

• New Section adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4).

Ariz. Admin. Code § R18-4-603 Technical Capacity Requirements

An owner of a new public water system shall submit the following to the Department for a determination of technical capacity:

1. Documentation of a drinking water source minimum of 50 gallons of water per person per day for a period of 100 years, a 100 year water availability designation from the Arizona Department of Water Resources (ADWR), or a Certificate of Assured Water Supply from ADWR;

2. Documentation that the drinking water served to the public will meet the safe drinking water standards of this Chapter;

3. Documentation that infrastructure, treatment, and storage design meets the requirements of this Chapter, Articles 1, 2, and 4, and Chapter 5, Article 5;

4. Documentation that the public water system is operated by a certified operator of the sufficient grade and type; and

5. Documentation that contains at least the following:

a. Day 1 to final build-out technical and engineering needs projections;

b. Proposed water system design specification and proposed uses including commercial and domestic use phases;

c. Information describing the life of the plant;

d. A demonstration that all site-specific components meet nationally recognized standards, such as those established by the American Water Works Association, National Sanitation Foundation, or Underwriter's Laboratory;

e. Manufacturers' specifications on components used in the construction of the water system; and

f. Corrective action plan to address site-specific component replacement or repair protocols based on manufacturer's recommendations or engineer's specification.

History

• New Section adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4). Amended by final expedited rulemaking at 31 A.A.R. 980, effective 3/7/2025.

Ariz. Admin. Code § R18-4-604 Managerial Capacity Requirements

An owner of a new public water system shall submit the following information as part of the elementary business plan to the Department for a determination of managerial capacity:

1. A statement of how the public water system is owned, such as by major stockholders, board of directors, sole proprietor cooperative, governmental agency or district, corporation, limited partnership, or limited liability corporation;

2. Name, address, and phone number of owner;

3. Organizational chart of the new public water system;

Staff job descriptions and responsibilities;

5. Water system capital improvement plan up to the proposed full system build-out or for a five-year projection, whichever is greater;

6. Certified operator grade and type that will be required by the new public water system, based upon water system design specifications;

7. A statement of the intent to create a CWS or NTNCWS and any intent to transfer ownership of the public water system as part of the construction plan or project phase build-out;

8. Method to ensure provision of information listed in Appendix B, item 4 to subsequent owners; and

9. A disclosure statement signed by the owner setting forth the owner's responsibility to comply with the requirements of this Article and to disclose all information relevant to the operation of the public water system upon transfer of ownership as outlined in Appendix B.

History

• New Section adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4).

Ariz. Admin. Code § R18-4-605 Financial Capacity Requirements

An owner of a new public water system shall submit information for a five-year financial capacity plan, or a financial capacity plan to the end of the build-out phase, whichever is longer, that demonstrates financial capacity and documents or contains all of the information listed in Appendices C and D.

History

• New Section adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4).

Ariz. Admin. Code § R18-4-606 Review, Approval, Denial Process

A. The Department shall review and evaluate technical capacity, based upon the requirements in R18-4-603 and Appendix A.

B. The Department shall review and evaluate managerial capacity, based upon the requirements in R18-4-604 and Appendix A.

C. The Department shall accept a financial determination made by the Arizona Corporation Commission (ACC) as meeting the financial capacity requirements contained in this Article for a new CWS or new NTNCWS under the jurisdiction of the ACC. The applicant shall submit documentation to the Department that verifies ACC approval of the public water system's financial capacity.

D. The Department shall accept a financial determination as set forth in the certificate of assured water supply from the Arizona Department of Water Resources, Active Management Area Program (ADWR) as meeting the financial capacity requirements contained in this Article for a new CWS or new NTNCWS. The owner shall submit documentation to the Department that verifies ADWR approval of its financial capacity.

E. If a new public water system does not fall under financial review jurisdiction of the ACC or ADWR, the new CWS or new NTNCWS shall submit to the Department for review a completed financial capacity portion of the elementary business plan. The Department shall review and evaluate financial capacity, based upon the requirements in R18-4-605 and Appendices A, C, and D.

F. The Department shall notify an owner of a new public water system in writing of a deficiency in the elementary business plan or approve or deny the elementary business plan within 90 days of a receipt of a complete elementary business plan. The owner shall have 60 days from the date of a notice of deficiency to submit to the Department the information necessary to correct the deficiency in the elementary business plan. If the owner of the new public water system fails to send the requested information so that it is received by the Department within 60 days of the date of the notice of deficiency, the Department shall deny the elementary business plan and return it to the owner with a written explanation for the denial and information on the appeal process.

G. If an owner modifies technical or managerial specifications at any time between the approval to construct and the approval of construction, the owner shall notify the Department of the need to modify the elementary business plan in the technical, managerial, and financial capacity documentation. The Department shall revoke approval of the elementary business plan if the owner fails to notify the Department within 30 days of a modification.

History

• New Section adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4).

Ariz. Admin. Code § R18-4-607 Appeals

An owner may appeal denial of an elementary business plan under A.R.S. § 41-1092 et seq.

History

• New Section adopted by final rulemaking effective September 23, 1999; the A.A.R. citation was not available at the time of publication and will appear in Supp. 99-4 (Supp. 99-3). Amended by final rulemaking at 5 A.A.R. 4456, effective September 23, 1999 (Supp. 99-4).

Article 7 REPEALED

Ariz. Admin. Code § R18-4-701 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Section R18-4-701 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-702 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Section R18-4-702 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-703 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-703 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-704 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Clarifying words "of Article 1" added to subsection (A)(1) (Supp. 04-1). Section R18-4-703 and Table 1 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-705 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-705 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-706 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-706 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-707 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-707 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-708 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Section R18-4-708 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-709 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Amended by final rulemaking at 8 A.A.R. 973, effective February 19, 2002 (Supp. 02-1). Amended by final rulemaking at 8 A.A.R. 3046, effective May 1, 2002 (Supp. 02-3). Section R18-4-709 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-710 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2019, effective May 10, 2000 (Supp. 00-2). Section R18-4-710 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Article 8 TECHNICAL ASSISTANCE

Ariz. Admin. Code § R18-4-801 [REPEALED]

History

• New Section made by final rulemaking at 8 A.A.R. 262, effective December 27, 2001 (Supp. 01-4). Section R18-4-801 repealed by final rulemaking at 14 A.A.R. 2978, effective August 30, 2008 (Supp. 08-3).

Ariz. Admin. Code § R18-4-802 Technical Assistance Plan

The Department shall include a technical assistance plan in the capacity development report it publishes annually. The technical assistance plan shall include a description of the types of technical assistance the Department expects to provide, the sources and uses of technical assistance, and a master priority list.

History

• New Section made by final rulemaking at 8 A.A.R. 262, effective December 27, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-4-803 Master Priority List

A. Each year the Department shall develop a master priority list that ranks public water systems according to their need for technical assistance.

B. The Department shall rank public water systems on the master priority list based on consideration of the following criteria:

1. Size of population served,

2. Type of public water system,

3. Type of ownership,

4. Water source (surface water or ground water),

Participation in the monitoring assistance program,

6. History of major monitoring or reporting deficiencies,

7. History of acute or non-acute MCL violations,

History of operation or maintenance violations,

9. Lack of a certified operator,

10. Prior assistance from the Department or the Water Infrastructure Finance Authority within the last five years, and

11. Any or other measurable objective criteria related to the technical, managerial, or financial capacity of a public water system.

C. If all other criteria are equal, the Department shall assign priority to public water systems with the most operation or maintenance violations.

D. The Department shall publish the master priority list annually in the Arizona Administrative Register and hold an oral proceeding to obtain public comment on the master priority list.

History

• New Section made by final rulemaking at 8 A.A.R. 262, effective December 27, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-4-804 Technical Assistance Awards

A. The Department shall award technical assistance to the public water systems with the highest ranking on the master priority list, as funding permits.

B. The Department may provide technical assistance directly, or the Department may employ a consultant to provide the assistance.

C. If a public water system refuses technical assistance offered by the Department, or the Department determines that a public water system is not able to proceed with technical assistance within the next fiscal year, the Department shall bypass the public water system on the master priority list. The Department shall replace a bypassed public water system with the public water system next in line to receive technical assistance in accordance with the priority criteria in R18-4-803(B).

History

• New Section made by final rulemaking at 8 A.A.R. 262, effective December 27, 2001 (Supp. 01-4).

Chapter 5 DEPARTMENT OF ENVIRONMENTAL QUALITY - ENVIRONMENTAL REVIEWS AND CERTIFICATION

Article 1 CLASSIFICATION OF WATER AND WASTEWATER FACILITIES AND CERTIFICATION OF OPERATORS

Ariz. Admin. Code § R18-5-101 Definitions

The terms in this Article have the following meanings:

"Certified operator" or "operator" means an individual who holds a current certificate issued by the Department in the field of water or wastewater treatment, water distribution, or wastewater collection.

"Collection system" means a pipeline or conduit, a pumping station, a force main, or any other device or appurtenance used to collect and conduct wastewater to a central point for treatment and disposal.

"Department" means the Department of Environmental Quality or its designated representative.

"Director" means the Director of the Department of Environmental Quality or the Director's designated representative.

"Direct responsible charge" means day-to-day decision making responsibility for a facility or a major portion of a facility.

"Distribution system" means a pipeline, appurtenance, or device of a public water system that conducts water from a water source or treatment plant to consumers for domestic or potable use.

"Facility" means a water treatment plant, wastewater treatment plant, distribution system, or collection system.

"Industrial waste" means the liquid, gaseous, or solid waste produced at an industrial operation.

"Onsite operator" means an operator who visits a facility at least daily to ensure that the facility is operating properly.

"Onsite representative" means an individual located at a facility who monitors the daily operation at the facility and maintains contact with the remote operator regarding the facility.

"Operator" has the same meaning as certified operator, as defined in this Section.

"PDH" means professional development hour, as defined in this Section.

"Population equivalent" means the population that would contribute an equal amount of biochemical oxygen demand (BOD) computed on the basis of 0.17 pounds of five-day, 20-degree centigrade BOD per capita per day.

"Professional development hour" or "PDH" means one hour of participation in an organized educational activity related to engineering, biological or chemical sciences, a closely related technical or scientific discipline, or operations management.

"Public water system" has the same meaning prescribed in A.R.S. § 49-352.

"Qualifying discipline" means engineering, biology, chemistry, or a closely related technical or scientific discipline.

"Qualifying experience" means experience, skill, or knowledge obtained through employment that is applicable to the technical or operational control of all or part of a facility.

"Remote operator" means an operator who is not an onsite operator.

"Validated examination" means an examination that is approved by the Department after being reviewed to ensure that the examination is based on the class and grade of a system or facility.

"Wastewater" means sewage, industrial waste, and all other waterborne waste that may pollute any lands or waters of the state.

"Wastewater treatment plant" means a process, device, or structure used to treat or stabilize wastewater or industrial waste and dispose of the effluent.

"Water treatment plant" means a process, device, or structure used to improve the physical, chemical, or biological quality of the water in a public water system.

History

• Former Section R9-20-504 repealed, new Section R9-20-504 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-504 amended, renumbered as Section R9-20-501, then renumbered as Section R18-4-101 effective October 23, 1987 (Supp. 87-4). R18-5-101 recodified from R18-4-101 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 5079, effective October 16, 2001 (Supp. 01-4). Amended by final rulemaking at 11 A.A.R. 998, effective April 2, 2005 (Supp. 05-1).

Ariz. Admin. Code § R18-5-102 Applicability

A. The rules in this Article apply to owners and operators of facilities in Arizona.

B. The following facilities are exempt from the requirements of this Article:

1. A public water system that meets the nonapplicability criteria in R18-4-102.

2. A septic tank or collection system that discharges to a septic tank.

3. A collection system that serves 2,500 or fewer persons and discharges into a facility that is operated by a certified operator.

4. A collection system that serves a nonresident population and discharges into a collection system operated by a certified operator.

5. An irrigation system, an industrial water facility, or a similar facility in which water is not used for domestic or drinking purposes.

6. An irrigation or industrial wastewater facility used to treat, recycle, or impound industrial or agricultural wastes within the boundaries of the industrial or agricultural property.

7. An industrial waste pretreatment facility in which treated wastewater is released to a collection system or wastewater treatment plant that is regulated by this Article.

8. A facility for treating industrial wastes that are not treatable by biological means.

9. A facility used to impound surface water before the water is conducted to a water treatment plant.

10. A wastewater treatment device that serves a home.

History

• Adopted as Section R9-20-502 and renumbered as Section R18-4-102 effective October 23, 1987 (Supp. 87-4). R18-5-102 recodified from R18-4-102 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 5079, effective October 16, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-5-103 Certification Committee

A. Upon the effective date of this rule, the Director shall establish a certification committee to make recommendations and to provide the Department with technical advice and assistance related to this Article when requested.

B. The certification committee shall consist of 11 members as follows:

1. One employee of the Department;

2. One currently employed wastewater treatment plant operator with Grade 4 certification;

3. One currently employed water treatment plant operator with Grade 4 certification;

4. One currently employed wastewater collection system operator with Grade 4 certification;

5. One currently employed water distribution system operator with Grade 4 certification;

6. One faculty member teaching sanitary sciences at an Arizona university or community college;

7. One professional engineer, registered and residing in Arizona, engaged in consulting in the field of sanitary engineering;

8. One elected or appointed municipal official;

One representative of an investor-owned water or wastewater facility;

10. One representative of a small public water system; and

11. One currently employed remote operator representative.

C. The Director shall appoint each certification committee member.

D. The certification committee shall meet at least twice a year. At the first meeting of each calendar year, the certification committee shall select, from its membership, a chairperson and other officers as necessary. The Department's certification committee member is the executive secretary, who is responsible for keeping records of all meetings.

E. The term of a certification committee member is three years.

F. A meeting quorum consists of the chairperson or the chairperson's designated representative, the executive secretary or the executive secretary's designated representative, and three other members of the committee.

G. In the event of a vacancy caused by death, resignation, or removal for cause, the Director shall appoint a successor for the unexpired term.

H. A certification committee member may be reappointed, but a member shall not serve more than three consecutive terms.

History

• Former Section R9-20-505 repealed, new Section R9-20-505 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-505 amended, renumbered as Section R9-20-503, then renumbered as Section R18-4-103 effective October 23, 1987 (Supp. 87-4). R18-5-103 recodified from R18-4-103 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-104 General Requirements

A. A facility owner shall ensure that at all times:

1. A facility has an operator in direct responsible charge who is certified for the class of the facility and at or above the grade of the facility;

An operator makes all decisions about process control or system integrity regarding water quality or water quantity that affects public health; however, an administrator who is not a certified operator may make a planning decision regarding water quality or water quantity if the decision is not a direct operational process control or system integrity decision that affects public health;

3. An operator who is in direct responsible charge of more than one facility is certified for the class of each facility and at or above the grade of the facility with the highest grade;

4. An operator who replaces the operator in direct responsible charge does not begin operation of the facility before being certified for the applicable class and at or above the grade of the facility;

5. In the absence of the operator in direct responsible charge, the operator in charge of the facility is certified for the applicable class of facility and at a grade no lower than one grade below the grade of the facility; and

6. The names of all current operators are on file with the Department.

B. If the owner of a facility replaces an operator in direct responsible charge with another operator, the facility owner shall notify the Department in writing within 10 days of the replacement.

C. An operator shall notify the Department in writing within 10 days of the date the operator either ceases operation of a facility or commences operation of another facility.

D. An operator shall operate each facility in compliance with applicable state and federal law.

E. A facility owner shall ensure that a Grade 3 or Grade 4 facility has an onsite operator.

F. An operator holding certification in a particular class and grade may operate one or more Grade 1 or Grade 2 facilities as a remote operator if the facility owner ensures that the following requirements are met:

1. The remote operator is certified for the class of each facility and at or above the grade of each facility operated by the remote operator.

2. There is an onsite representative on the premises of each Grade 1 or Grade 2 facility, except for a Grade 1 water distribution system that serves fewer than 100 people, which is not required to have an onsite representative if the conditions of subsection (F)(8) are met. The onsite representative is not required to be an operator if the facility has a remote operator who is certified at or above the grade of the facility.

3. The remote operator instructs, supervises, and provides written instructions to the onsite representative in the proper operation and maintenance of each facility and ensures that adequate records are kept.

4. The remote operator provides the onsite representative with a telephone number at which the remote operator can be reached at all times. If the remote operator is not available for any reason, the remote operator shall provide the onsite representative with the name and telephone number of a qualified substitute operator who will be available while the remote operator is not available.

5. The remote operator resides no more than 200 miles by ground travel from any facility that the remote operator serves.

6. The remote operator operates each facility in compliance with applicable state and federal laws.

7. The remote operator inspects a facility as often as necessary to ensure proper operation and maintenance, but in no case less than:

a. Monthly for a Grade 1 or Grade 2 water treatment plant or distribution system that produces and distributes groundwater;

b. Monthly for a Grade 1 wastewater treatment plant;

c. Twice a month for a collection system that serves fewer than 2,500 people; and

d. Weekly for a Grade 2 wastewater treatment plant or collection system that serves fewer than 1,000 people.

8. For a Grade 1 water distribution system that does not have an onsite representative and serves fewer than 100 people, the following conditions are met:

a. The name and telephone number at which the remote operator can be reached is posted at the facility, enclosed with water bills, or otherwise made readily available to water users. If the remote operator is not available for any reason, the remote operator shall post at the facility the name and telephone number of a substitute operator of the applicable facility class and grade who will be available while the remote operator is not available;

b. The remote operator or substitute operator resides no more than 200 miles by ground travel from the facility; and

c. The remote operator inspects the facility weekly.

History

• Former Section R9-20-506 repealed, new Section R9-20-506 adopted effective November 1, 1979 (Supp. 79-6). Amended effective March 19, 1980 (Supp. 80-2). Former Section R9-20-506 amended, renumbered as Section R9-20-504, then renumbered as Section R18-4-104 effective October 23, 1987 (Supp. 87-4). R18-5-104 recodified from R18-4-104 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 5079, effective October 16, 2001 (Supp. 01-4). Amended by final rulemaking at 11 A.A.R. 998, effective April 2, 2005 (Supp. 05-1).

Ariz. Admin. Code § R18-5-105 Certification

A. The Department shall issue an operator certificate to an applicant if the applicant:

1. Meets the experience and education requirements in R18-5-112 for the applicable class and grade,

2. Passes a written examination for the applicable class and grade, and

3. Has not had an operator's certificate revoked in Arizona or permanently revoked in another jurisdiction.

B. To apply for operator certification, an applicant shall submit or arrange to have submitted to the Department the following information, as applicable, in a format acceptable to the Department:

1. The applicant's full name, Social Security number, and operator number;

2. The applicant's current mailing address, home and work telephone numbers, fax number, and e-mail address;

3. The applicant's place of employment, including the facility identification number;

4. The class and grade of the facility where the applicant is employed;

5. Proof of successful completion of the examination for the applicable class and grade; and

6. Documentation of the applicant's experience and education required under R18-5-112.

History

• Former Section R9-20-507 repealed, new Section R9-20-507 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-507 amended, renumbered as Section R9-20-505, then renumbered as Section R18-4-105 effective October 23, 1987 (Supp. 87-4). R18-5-105 recodified from R18-4-105 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 14 A.A.R. 4527, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-5-106 Examinations

A. The Department shall provide for examinations for certification of operators. The Department may contract with third party examiners for administration of examinations, based on its assessment of the quality of the examination services. The Department shall ensure that a list of approved examiners is available upon request.

B. The Department shall validate all examinations before administration. Each examination shall include topics such as treatment technologies, system maintenance, regulatory protocols, safety, mathematics, and general system management.

C. The examiner shall grade the examination and make the results available to the applicant and the Department within seven days of the date of the examination.

D. An applicant shall not be admitted to an examination without a valid picture I.D.

E. An individual shall make a score of 70 percent on the examination in order to attain a passing grade.

History

• Adopted effective March 19, 1980 (Supp. 80-2). Former Section R9-20-508 amended, renumbered as Section R9-20-506, then renumbered as Section R18-4-106 effective October 23, 1987 (Supp. 87-4). Amended subsection (F) effective November 30, 1988 (Supp. 88-4). R18-5-106 recodified from R18-4-106 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-107 Certificate Renewal

A. If the Department renews a certificate, the certificate is renewed for three years, unless the operator requests a shorter renewal period in writing.

B. To renew a certificate, an operator shall complete and submit to the Department an operator certificate renewal form approved by the Department. An operator shall maintain documentation and provide the documentation to the Department upon request to verify completion of at least 30 PDHs accumulated during a certification period. The operator shall provide documentation of PDHs in a format acceptable to the Department. At least 10 of the PDHs shall directly relate to the specific job functions of the operator. If an operator holds multiple certificates, the operator may apply required PDHs to all certificates if the PDHs are acquired within the applicable certification period. The operator's supervisor or the entity that provides the education or training shall verify completion of each PDH in writing. An operator shall maintain documentation of completion of PDHs for a minimum of five years.

C. As an alternative to the requirements of subsection (B), an operator may renew a certificate by taking and passing an examination for the applicable class and grade.

History

• Former Section R9-20-509 repealed, new Section R9-20-509 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-509 amended, renumbered as Section R9-20-507, then renumbered as Section R18-4-107 effective October 23, 1987 (Supp. 87-4). Amended subsection (B) effective November 30, 1988 (Supp. 88-4). R18-5-107 recodified from R18-4-107 (Supp. 95-1). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 11 A.A.R. 998, effective April 2, 2005 (Supp. 05-1).

Ariz. Admin. Code § R18-5-108 Certificate Expiration

A. A certificate expires on the expiration date printed on the certificate. An operator may reinstate an expired certificate for the same class and grade without examination if the operator files the documentation required in R18-5-107(B) with the Department within 90 days of the certificate expiration date.

B. If an expired certificate is not renewed within 90 days of the certificate expiration date, the Department shall not reinstate the certificate. To be recertified, the operator shall reapply and be reexamined as a new applicant.

History

• Former Section R9-20-510 repealed, new Section R9-20-510 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-510 amended, renumbered as Section R9-20-508, then renumbered as Section R18-4-108 effective October 23, 1987 (Supp. 87-4). Amended subsection (D) effective November 30, 1988 (Supp. 88-4). R18-5-108 recodified from R18-4-108 (Supp. 95-2). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-109 Denial, Suspension, Probation, and Revocation

A. If the Department decides to deny, suspend, or revoke a certificate, or to place an operator on probation, the Department shall act in accordance with A.R.S. Title 41, Chapter 6, Article 10 and 18 A.A.C. 1, Article 2.

B. The Department may revoke or suspend a certificate, or place an operator on probation, if the Department finds that the operator:

1. Operates a facility in a manner that violates federal or state law;

Negligently operates a facility or negligently supervises the operation of a facility;

3. Fails to comply with a Department order or order of a court;

4. Obtains, or attempts to obtain, a certificate by fraud, deceit, or misrepresentation;

5. Engages in fraud, deceit, or misrepresentation in the operation or supervision of a facility;

6. Knowingly or negligently prepares a false or fraudulent report or record regarding the operation or supervision of a facility;

7. Endangers the public health, safety, or welfare;

Fails to comply with the terms or conditions of probation or suspension; or

9. Fails to cooperate with an investigation by the Department including failing or refusing to provide information required by this Article.

C. The Department shall deny certification to an applicant who does not meet the requirements of R18-5-105 or R18-5-110, or who is ineligible for certification pursuant to a Department order or order of a court.

D. The Department may place an operator on probation or suspend an operator's certificate to address deficiencies in operator performance. The terms of probation or suspension may include completion of additional PDHs, increased reporting of operator activity, limitations on activities the operator may perform, or other terms to address deficiencies in operator performance.

E. During the period of suspension, an individual whose certificate is suspended shall not operate a facility of the class of the suspended certificate.

F. An operator whose certificate is suspended or revoked, or who has been placed on probation, shall immediately notify the owner of a facility where the operator is employed of the suspension, revocation, or probation.

History

• Former Section R9-20-511 repealed, new Section R9-20-511 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-511 amended, renumbered as Section R9-20-509, then renumbered as Section R18-4-109 effective October 23, 1987 (Supp. 87-4). R18-5-109 recodified from R18-4-109 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 11 A.A.R. 998, effective April 2, 2005 (Supp. 05-1). Amended by final rulemaking at 14 A.A.R. 4527, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-5-110 Reciprocity

The Department shall issue a certificate to an applicant who holds a valid certificate from another jurisdiction, if the applicant:

1. Passes a written, validated examination in Arizona or in another jurisdiction that administers an examination that is substantially equivalent to the examination in Arizona and validated by the Department, and

2. Submits written evidence of the experience and education required under R18-5-112.

History

• Former Section R9-20-512 repealed, new Section R9-20-512 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-512 amended, renumbered as Section R9-20-510, then renumbered as Section R18-4-110 effective October 23, 1987 (Supp. 87-4). Amended subsection (B) effective November 30, 1988 (Supp. 88-4). R18-5-110 recodified from R18-4-110 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-111 [REPEALED]

History

• Adopted as Section R9-20-511 and renumbered as Section R18-4-111 effective October 23, 1987 (Supp. 87-4). R18-5-111 recodified from R18-4-111 (Supp. 95-2). Section repealed by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-112 Experience and Education

A. The Department shall consider the following criteria to determine whether an applicant has the experience and education required for certification in a specific class and grade:

1. Years of experience at a lower grade;

Qualifying experience in the same or a related field; and

3. Education in a qualifying discipline.

B. An applicant shall provide written evidence of education in a qualifying discipline. The applicant shall provide transcripts if the Department determines that the transcripts are necessary to verify completion of the education requirements.

C. An applicant shall provide written evidence of qualifying experience in the applicable facility class.

D. An applicant shall meet the following requirements for admission to a certification examination:

1. For Grade 1, high school graduation or the equivalent.

2. For Grade 2, at least:

a. High school graduation or the equivalent and one year of qualifying experience as a Grade 1 operator or the equivalent of a Grade 1 operator in another jurisdiction;

b. Two years of postsecondary education in a qualifying discipline and one year of qualifying experience, including six months as a Grade 1 operator or the equivalent of a Grade 1 operator in another jurisdiction; or

c. A bachelor's degree in a qualifying discipline and six months of qualifying experience.

3. For Grade 3, at least:

a. High school graduation or the equivalent and two years of qualifying experience, including one year as a Grade 2 operator or the equivalent of a Grade 2 operator in another jurisdiction;

b. Two years of postsecondary education in a qualifying discipline, and 18 months of qualifying experience as a Grade 2 operator or the equivalent of a Grade 2 operator in another jurisdiction; or

c. A bachelor's degree in a qualifying discipline and one year of qualifying experience.

4. For Grade 4, at least:

a. High school graduation or the equivalent and three years of qualifying experience, including one year as a Grade 3 operator or the equivalent of a Grade 3 operator in another jurisdiction;

b. Two years of postsecondary education in a qualifying discipline and 30 months of qualifying experience, including one year as a Grade 3 operator or the equivalent of a Grade 3 operator in another jurisdiction; or

c. A bachelor's degree in a qualifying discipline, and two years of qualifying experience.

History

• Former Section R9-20-517 repealed, new Section R9-20-517 adopted effective November 1, 1979 (Supp. 79-6). Amended effective March 19, 1980 (Supp. 80-2). Former Section R9-20-517 amended, renumbered as Section R9-20-512, then renumbered as Section R18-4-112 effective October 23, 1987 (Supp. 87-4). R18-5-112 recodified from R18-4-112 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 5079, effective October 16, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-5-113 Classes of Facilities

A. The Department shall classify a facility in one of four classes:

1. Water treatment plant,

2. Water distribution system,

3. Wastewater treatment plant, or

4. Wastewater collection system.

B. The Department shall classify a facility as one of four grades, Grades 1-4. The grade corresponds with the level of system complexity, with Grade 1 being the most simple and Grade 4 being the most complex.

C. For a multi-facility system, the Department shall grade each facility according to complexity and the total population or population equivalent served.

History

• Adopted as Section R9-20-513 and renumbered as Section R18-4-113 effective October 23, 1987 (Supp. 87-4). Amended subsections (A) and (C) effective November 30, 1988 (Supp. 88-4). R18-5-113 recodified from R18-4-113 (Supp. 95-2). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-114 Grades of Wastewater Treatment Plants and Collection Systems

The Department shall grade a wastewater treatment plant or collection system according to population equivalent served, degree of hazard to public health, class of facility, and degree of treatment, as follows:

1. Grade 1 includes:

a. A stabilization pond that serves 2,000 or fewer persons;

b. A wastewater treatment plant not designated as Grade 2, 3, or 4; or

c. A collection system that serves 2,500 or fewer persons.

2. Grade 2 includes:

a. A stabilization pond that is designed to serve more than 2,000 persons;

b. An aerated lagoon;

c. A facility that employs biological treatment based upon the activated sludge principle or trickling filters and is designed to serve 5,000 or fewer persons, except as provided in subsection (3)(c); or

d. A collection system that serves between 2,501 to 10,000 persons.

3. Grade 3 includes:

a. A facility that employs biological treatment based upon the activated sludge principle and is designed to serve 5,001 to 20,000 persons;

b. A facility that employs trickling filtration and is designed to serve 5,001 to 25,000 persons;

c. A variation of biological treatment based on the activated sludge principle that requires specialized knowledge, including contact stabilization, and is designed to serve 20,000 or fewer persons; or

d. A collection system that serves 10,001 to 25,000 persons.

4. Grade 4 includes:

a. A facility that employs biological treatment based upon the activated sludge principle and is designed to serve more than 20,000 persons;

b. A facility that employs trickling filtration and is designed to serve a population equivalent more than 25,000 persons; or

c. A collection system that serves more than 25,000 persons.

History

• Former Section R9-20-519 repealed, new Section R9-20-519 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-519 amended, renumbered as Section R9-20-514, then renumbered as Section R18-4-114 effective October 23, 1987 (Supp. 87-4). R18-5-114 recodified from R18-4-114 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended to correct manifest typographical error in subsection (3)(d) (Supp. 01-3).

Ariz. Admin. Code § R18-5-115 Grades of Water Treatment Plants and Distribution Systems

A. Grading of water treatment plants. This subsection does not apply to a facility that distributes water but does not treat water or to a facility that distributes water and disinfects by chlorine gas or hypochlorite only to maintain disinfection levels in the distribution system. The Department shall grade a water treatment plant according to the sum of the points it the Department assigns for each plant characteristic.

1. The Department shall assign points for the purpose of grading a water treatment plant as follows:

| Plant Characteristics | Points | | --- | --- | | Population | 1 per 5,000 | | Maximum Design Capacity | 1 per Millions of Gallons per Day up to 10 | | Groundwater Source | 3 | | Surface or Groundwater Under the Direct Influence of Surface Water Source | 5 | | Carbon Dioxide | 2 | | pH Adjustment | 3 | | Packed Tower Aeration | 6 | | Air Stripping | 6 | | Stability or Corrosion Control | 3 | | Taste and Odor | 8 | | Iron/Manganese Removal | 8 | | Ion Exchange Softening | 10 | | Chemical Precipitation Softening | 15 | | Coagulant Addition | 6 | | Flocculation | 4 | | Sedimentation | 4 | | Upflow Clarification | 2 | | Fluoridation | 5 | | Activated Alumina | 6 | | Blending | 5 | | Residual Waste Stream | 5 | | Control Systems Technology | 2 | | Biologically Active Filter | 20 | | Granular Media Filter | 15 | | Pressure Filter | 15 | | Gravity Sand Filter | 10 | | Membrane Filtration | 15 | | Chlorine Gas | 6 | | Hypochlorite Liquid | 2 | | Hypochlorite Solid | 2 | | Chloramine | 9 | | Chlorine Dioxide | 9 | | Ozone | 12 | | Ultraviolet | 3 |

The Department shall assign a grade by the total number of points assigned to the facility, as follows:

| Grade | Point Range | | --- | --- | | Grade 1 | 1 to 25 | | Grade 2 | 26 to 50 | | Grade 3 | 51 to 70 | | Grade 4 | More than 70 |

B. Grading of water distribution systems. The Department shall grade a distribution system according to the sum of the points the Department assigns for each system characteristic.

1. The Department shall assign points for the purpose of grading a distribution system as follows:

| System Characteristics | Points | | --- | --- | | Population | 1 per 5,000 | | Maximum Design Capacity | 1 per Millions of Gallons per Day up to 10 | | Pressure Zones | 5 | | Booster Stations | 5 | | Storage Tanks | 3 | | Blending | 5 | | Fire Protection Systems/Testable Backflow Prevention Assemblies* | 5 | | Cathodic Protection | 3 | | Control System Technologies | 2 | | Chlorine Gas | 6 | | Hypochlorite Liquid | 2 | | Hypochlorite Solid | 2 | | Chloramine | 9 | | Chlorine Dioxide | 9 |

*The presence of one or both of these devices earns five points for the facility.

No points are added for Grade 1 small systems that:

a. Only distribute groundwater;

b. Serve fewer than 501 persons;

c. Have no disinfection or disinfect by chlorine gas or hypochlorite only; and

d. Do not store water or store water only in storage tanks.

3. The Department shall assign a grade by the total number of points assigned to the facility, as follows:

| Grade | Point Range | | --- | --- | | Grade 1 | 0 | | Grade 2 | 1 to 20 | | Grade 3 | 21 to 35 | | Grade 4 | More than 35 |

History

• Former Section R9-20-520 repealed, new Section R9-20-520 adopted effective November 1, 1979 (Supp. 79-6). Former Section R9-20-520 amended, renumbered as Section R9-20-515, then renumbered as Section R18-4-115 effective October 23, 1987 (Supp. 87-4). R18-5-115 recodified from R18-4-115 (Supp. 95-2). Amended by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final rulemaking at 7 A.A.R. 5079, effective October 16, 2001 (Supp. 01-4). Amended by final rulemaking at 11 A.A.R. 998, effective April 2, 2005 (Supp. 05-1).

Ariz. Admin. Code § R18-5-116 Initial Grading and Regrading of Facilities

A. The Department shall act under A.R.S. Title 41, Chapter 6, Article 10 and 18 A.A.C. 1, Article 2 when initially grading or when regrading a facility.

B. A. If it is determining the initial grade of a facility or whether to regrade a facility, the Department shall consider the facility characteristics in R18-5-114 and R18-5-115, and whether:

1. The facility has special design features or characteristics that make it unusually difficult to operate;

2. The water or wastewater is unusually difficult to treat;

3. The facility uses effluent; or

4. The facility poses a potential risk to public health, safety or welfare.

C. B. The owner of a facility that is regraded under this Article shall ensure that the facility is operated by an operator, in compliance with this Article, no later than one year from the effective date of the facility regrading.

History

• New Section adopted by final rulemaking at 7 A.A.R. 1171, effective February 16, 2001 (Supp. 01-1). Amended by final expedited rulemaking at 31 A.A.R. 985, effective 3/7/2025.

Article 2 PUBLIC AND SEMIPUBLIC SWIMMING POOLS AND SPAS

Ariz. Admin. Code § R18-5-201 Definitions

"Air induction system" means a system whereby a volume of air is induced into a hollow ducting in a spa floor, bench, or wall. An air induction system is activated by an air power blower and is separate from the water circulation system.

"Artificial lake" means a man-made lake, lagoon, or basin, lined or unlined, with a surface area equal to or greater than two acres (87,120 square feet), that is used or intended to be used for water contact recreation.

"Backwash" means the process of thoroughly cleaning a filter by the reverse flow of water through the filter.

"Barrier" means a fence, wall, building, or landscaping that obstructs access to a public or semipublic swimming pool or spa.

"Cartridge filter" means a depth, pleated, or surface-type filter component with fixed dimensions that is designed to remove suspended particles from water flowing through the filter.

"Construct" means to build or install a new public or semipublic swimming pool or spa or to enlarge, deepen, or make a major modification to an existing public or semipublic swimming pool or spa.

"Coping" means the cap on a swimming pool or spa wall that provides a finished edge around the swimming pool or spa.

"Cross-connection" means any physical connection or structural arrangement between a potable water system and the piping system for a public or semipublic swimming pool or spa through which it is possible to introduce used water, gas, or any other substance into the potable water system. A bypass arrangement, jumper connection, removable section, swivel or change-over device, or any other temporary or permanent device that may cause backflow is a cross-connection.

"Deck" means a hard surface area immediately adjacent or attached to a swimming pool or spa that is designed for sitting, standing, or walking.

"Deep area" means the portion of a public or semipublic swimming pool that is more than 5 feet in depth.

"Discharge piping" means the portion of the circulation system that carries water from the filter back to the swimming pool or spa.

"Diving area" means the area of a public or semipublic swimming pool that is designated for diving from a diving board, diving platform, or starting block.

"Fill-and-draw swimming pool or spa" means a swimming pool or spa where the principal means of cleaning is the complete removal of the used water and its replacement with potable water.

"Filtration rate" means the rate of water flowing through a filter during the filter cycle expressed in gallons per minute per square foot of effective filter area.

"Flow-through swimming pool or spa" means a swimming pool or spa where new water enters the swimming pool or spa to replace an equal quantity of water that constantly flows out.

"Freeboard" means the vertical wall section of a swimming pool or spa wall between the waterline and the deck.

"Hose bibb" means a faucet with a threaded nozzle to which a hose may be attached.

"Hydrotherapy jet" means a fitting that blends air and water and creates a high-velocity, turbulent stream of air-enriched water for injection into a spa.

"Make-up water" means fresh water used to fill or refill a swimming pool or spa.

"Maximum bathing load" means the design capacity or the maximum number of users that a public or semipublic swimming pool or spa is designed to hold.

"Natural bathing place" means a lake, pond, river, stream, swimming hole, or hot springs which has not been modified by man.

"Operate" means to run, maintain, or otherwise control or direct the functioning of a public or semipublic swimming pool or spa.

"Overflow collection system" means equipment designed to remove water from a swimming pool or spa, including gutters, overflows, surface skimmers, and other surface water collection systems of various designs and manufacture.

"Potable water" means drinking water.

"Private residential spa" means a spa at a private residence used only by the owner, members of the owner's family, and invited guests, or a spa that serves a housing group consisting of no more than three living units [for example, duplexes or triplexes].

"Private residential swimming pool" means a swimming pool at a private residence used only by the owner, members of the owner's family, and invited guests, or a swimming pool that serves a housing group consisting of no more than three living units [for example, duplexes or triplexes].

"Public spa" means a spa that is open to the public with or without a fee, including a spa that is operated by a county, municipality, political subdivision, school district, university, college, or a commercial establishment whose primary business is the operation of a spa.

"Public swimming pool" means a swimming pool that is open to the public with or without a fee, including a swimming pool that is operated by a county, municipality, political subdivision, school district, university, college, or a commercial establishment whose primary business is the operation of a swimming pool.

"Recessed treads" means a series of vertically spaced, preformed stepholes in a swimming pool wall.

"Return inlet" means an aperture or fitting through which filtered water returns to a swimming pool or spa.

"Rope and float line" means a continuous line not less than 3/4 inch in diameter that is supported by buoys and attached to opposite sides of a swimming pool to separate areas of the swimming pool.

"Semi-artificial bathing place" means a natural bathing place that has been modified by man.

"Semipublic spa" means a spa operated for the residents of lodgings such as hotels, motels, resorts, apartments, condominiums, townhouse complexes, trailer courts, mobile home parks, or similar establishments. A semipublic spa includes a spa that is operated by a neighborhood or community association for the residents of the community and their guests and any spa at a country club, health club, camp, or similar establishment where the primary business of the establishment is not the operation of a spa and where the use of the spa is included in the fee for the primary use of the establishment.

"Semipublic swimming pool" means a swimming pool operated for the residents of lodgings such as hotels, motels, resorts, apartments, condominiums, townhouse complexes, trailer courts, mobile home parks, or similar establishments. A semipublic swimming pool includes a swimming pool that is operated by a neighborhood or community association for the residents of the community and their guests and a swimming pool at a country club, health club, camp, or similar establishment where the primary business of the establishment is not the operation of a swimming pool and where the use of the swimming pool is included in the fee for the primary use of the establishment.

"Shallow area" means the portion of a public or semipublic swimming pool that is 5 feet or less in depth.

"Slip-resistant" means a surface that has a static coefficient of friction [wet or dry] of at least 0.50.

"Spa" means an artificial basin, chamber, or tank of irregular or geometric shell design that is intended only for bathing or soaking and that is not drained, cleaned, or refilled for each user. A spa may include features such as hydrotherapy jet circulation, hot water, cold water mineral baths, or an air induction system. Industry terminology for a spa includes "hydrotherapy pool," "whirlpool," "hot tub," and "therapy pool."

"Special use pool" means a swimming pool intended for competitive aquatic events, aquatic exercise, or lap swimming. A special use pool includes a wave action pool, exit pool for a water slide, swimming pool that is part of an attraction at a water recreation park, water volleyball pool, or a swimming pool with special features used for training and instruction.

"Suction outlet" means the aperture or fitting through which water is withdrawn from a swimming pool or spa.

"Suction piping" means the water circulation system piping that carries water from a swimming pool or spa to the filter.

"Swimming pool" means an artificial basin, chamber, or tank that is designed for swimming or diving.

"Turnover rate" means the number of hours required to circulate a volume of water equal to the capacity of the swimming pool or spa.

"User" means a person who uses a swimming pool, spa, or adjoining deck area.

"Wading pool" means a shallow swimming pool used for bathing and wading by small children.

"Water circulation system" means an arrangement of mechanical equipment connected to a swimming pool or spa by piping in a closed loop that directs water from the swimming pool or spa to the filtration and disinfection equipment and returns the water to the swimming pool or spa.

"Water circulation system components" means the mechanical components that are part of a water circulation system of a swimming pool or spa, including pumps, filters, valves, surface skimmers, ion generators, electrolytic chlorine generators, ozone process equipment, and chemical feeding equipment.

"Water level" means either:

a. On swimming pools and spas with skimmer systems, the midpoint of the operating range of the skimmers, or

b. On swimming pools and spas with overflow gutters, the height of the overflow rim of the gutter.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-202 Applicability

A. This Article applies to public and semipublic swimming pools and spas.

B. This Article does not apply to the following:

1. A private residential swimming pool or spa,

2. A swimming pool or spa used for medical treatment or physical therapy and supervised by licensed medical personnel,

3. A semi-artificial bathing place,

4. A natural bathing place, or

5. An artificial lake.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-203 Design Approval

A. A person shall obtain design approval from the Department before starting construction of:

1. A new public or semipublic swimming pool or spa;

2. A major modification to an existing public or semipublic swimming pool or spa. For purposes of this subsection, a major modification means a change to the shape, depth, water circulation system, or disinfection system of a public or semipublic swimming pool or spa or the installation of diving equipment at a public or semipublic swimming pool;

3. A change in use from a semipublic swimming pool to a public swimming pool; and

4. A change in use from a private residential swimming pool to a public or semipublic swimming pool.

B. An applicant for a design approval shall submit an ADEQ application form to the Department in quadruplicate with four complete sets of plans and specifications for the swimming pool or spa and the information in subsection (C).

C. The application for design approval shall include four copies of the following:

1. A general plot plan;

2. Plans and specifications showing the size, shape, cross-section, slope, and dimensions of each swimming pool or spa, deck areas, and barriers;

3. Plans and specifications showing the water circulation and disinfection systems, including all piping, fittings, drains, suction outlets, filters, pumps, surface skimmers, return inlets, chemical feeders, disinfection equipment, gauges, flow meters, and strainers;

4. Plans and specifications showing the source of water supply and the method of disposal of filter backwash water; used swimming pool or spa water, and wastewater from toilets, urinals, sinks, and showers;

5. Detailed plans of bathhouses, dressing rooms, equipment rooms, and other appurtenances; and

6. Additional data required by the Department for a complete understanding of the project.

D. A professional engineer, architect, or a swimming pool or spa contractor with a current A-9, A-19, KA-5, KA-6 license shall prepare or supervise the preparation of all plans and specifications submitted to the Department for review.

E. An applicant shall submit an application for design approval to the Department at least 60 days prior to the date that the applicant wishes to begin construction of a swimming pool or spa.

F. The Department shall determine whether the application for design approval is complete within 30 days of the date of receipt of the application by the Department.

G. The Department shall issue or deny the application for design approval within 30 days of the date that the Department determines that the application for design approval is complete.

H. Unless an extension of time is granted in writing by the Department, a design approval is void if construction is not started within one year after the date of its issuance or there is a halt in construction of more than one year.

I. The Department may issue a design approval with conditions. The Department shall not issue an Approval of Construction if the design approval is conditioned and the construction of the swimming pool or spa does not comply with the stated conditions.

J. The Department may issue design approvals in phases to allow a political subdivision to start construction of a public swimming pool or spa without issuing a design approval for the entire construction project. A design approval may be issued in phases provided all of the following conditions are met:

1. A phased design approval is needed to accommodate a design/build contract, phased construction contract, multiple construction contracts, turnkey contract, or special contract that requires construction to begin prior to the completion of design plans and specifications for the entire public swimming pool or spa construction project.

2. The applicant submits a detailed project description for the entire public swimming pool or spa construction project to the Department.

3. There is a written agreement between the applicant and the Department which includes the following:

a. A construction project schedule,

b. A schedule to submit applications and supporting documentation for the phased design approval including any anticipated variance requests,

c. Negotiated time-frames for administrative completeness and substantive review of each application for phased design approval, and

d. A schedule of construction inspections by the Department or third-party certifications by the applicant.

4. The applicant certifies in writing that the applicant understands that the public swimming pool or spa cannot be operated without an Approval of Construction for each phase of the construction project pursuant to R18-5-204.

5. If the applicant and the Department cannot reach agreement regarding a phased design approval or Approval of Construction, then the requirements of R18-5-203(A) through (I) and R18-5-204 apply.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-204 Approval of Construction

A. A public or semipublic swimming pool or spa shall not operate without receiving an Approval of Construction issued by the Department.

B. The construction of a public or semipublic swimming pool or spa shall conform to plans and specifications that have been approved by the Department. If the applicant wishes to make a change to the approved plans and specifications, the applicant shall submit revised plans and specifications with a written statement of the reasons for the change to the Department. The applicant shall obtain Department approval of the revised plans and specifications before starting any work affected by the change.

C. Prior to any construction that will cover the piping arrangement of the swimming pool or spa and at least 30 days prior to the expected date of completion of construction of a public swimming pool or spa, the applicant shall notify the Department to permit a construction inspection. The Department shall inspect the construction of a swimming pool or spa to determine if the swimming pool or spa has been constructed in accordance with Department-approved plans, specifications, and conditions unless a professional engineer, architect, or registered sanitarian certifies that the swimming pool or spa has been constructed in accordance with Department-approved plans, specifications, and conditions.

D. If the swimming pool or spa has been constructed in accordance with Department-approved plans, specifications, and conditions, the Department shall issue the Approval of Construction within 30 days of the date of the construction inspection by the Department or the date the Department receives third-party certification.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-205 Prohibitions

A. A fill-and-draw swimming pool or spa shall not be used as a public or semipublic swimming pool or spa.

B. A private residential spa shall not be used as a public or semipublic spa.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-206 Water Source

Only water from a source that is approved by the Department shall be used in a public or semipublic swimming pool or spa. Reclaimed wastewater shall not be used as make-up water for a public or semipublic swimming pool or spa.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-207 Construction Materials

A. A public or semipublic swimming pool or spa shall be constructed of concrete or other structurally rigid material that is equivalent in strength or durability to concrete, except that a public or semipublic spa may be constructed of fiberglass or acrylic.

B. A public or semipublic swimming pool or spa shall be constructed of materials that are nontoxic.

C. A public or semipublic swimming pool or spa shall be constructed of waterproof materials that provide a watertight structure.

D. A public or semipublic swimming pool or spa shall have a smooth and easily cleaned surface, without cracks or joints, excluding structural joints, or to which a smooth, easily cleaned surface finish is applied or attached.

E. All corners in a public or semipublic swimming pool or spa shall be rounded, including the corners formed by the intersection of a wall and floor.

F. A surface within a public or semipublic swimming pool or spa intended to provide footing for users shall have a slip-resistant surface. The roughness or irregularity of the surface shall not cause injury or discomfort to users' feet during normal use.

G. The color, pattern, or finish of the interior of a public or semipublic swimming pool or spa shall not obscure objects, surfaces within the swimming pool or spa, debris, sediment, or algae. Surface finishes shall be white, pastel, or other light color. The interior finish shall completely line the swimming pool or spa to the coping, tile, or gutter system.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-208 Maximum Bathing Load

A. The maximum bathing load for a public or semipublic swimming pool or spa shall not be exceeded.

B. The maximum bathing load for a public or semipublic swimming pool shall be calculated as the sum of the following:

1. The shallow area of the swimming pool in square feet divided by 10 square feet, plus

2. The deep area of the swimming pool in square feet minus 300 square feet for each diving board divided by 24 square feet.

C. The maximum bathing load for a public swimming pool shall be limited by the number of users for the toilets, showers, or lavatories that are provided in the bathhouses or dressing rooms prescribed in R18-5-241.

D. The maximum bathing load for a public or semipublic spa shall not exceed the area of the spa in square feet divided by 9 square feet.

E. The maximum bathing load for a public or semipublic swimming pool or spa shall be posted.

History

• Adopted effective February 19, 1998 (Supp. 98-1). Amended by final expedited rulemaking at 31 A.A.R. 985, effective 3/7/2025.

Ariz. Admin. Code § R18-5-209 Shape

A. A public or semipublic swimming pool or spa may be any shape except that the designer shall shape a public or semipublic swimming pool or spa to minimize hazards to users and provide adequate circulation of swimming pool or spa water.

B. There shall be no protrusions, extensions, means of entanglement, or other obstructions in a public or semipublic swimming pool or spa that may cause entrapment of or injury to the user. This subsection does not prohibit water features such as water fountains, slides, water play equipment, or water volleyball and basketball nets.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-210 Walls

A. Where a racing lane terminates in a swimming pool, the wall shall be plumb to a minimum depth of 5 feet below the waterline. Below the 5-foot depth, the wall shall be radiused to join the floor.

B. There shall be no projections from a swimming pool or spa wall except for coping, cantilevered deck, ladders, and steps.

C. An underwater seat shall comply with the following:

1. The edges of an underwater seat shall be outlined with a sharply contrasting colored tile or other material that is clearly visible from the deck adjacent to the underwater seat;

2. An underwater seat shall have a slip-resistant surface;

An underwater seat shall be located outside of the deep area of a swimming pool that is equipped for diving. An underwater seat may be located in the deep area of a swimming pool that is not equipped for diving provided the underwater seat is either completely recessed into the swimming pool wall, shaped to be compatible with the shape of the swimming pool wall, or in a corner of the swimming pool;

4. The maximum depth of an underwater seat is 24 inches below the waterline. The minimum depth of an underwater seat is 12 inches below the waterline; and

5. The maximum width of an underwater seat is 20 inches.

D. If a spa is located immediately adjacent to a swimming pool, the separating wall between the spa and the swimming pool shall be no more than 8 inches wide. The top of the separating wall shall be no lower than the level of the coping of the swimming pool. If a separating wall is more than 8 inches wide, then the deck width shall comply with R18-5-217(D) . A spa shall not be located immediately adjacent to the deep area of a swimming pool.

E. Coping or cantilevered deck may project from a swimming pool or spa wall to provide a handhold for users. The coping or deck shall be rounded, have a slip-resistant surface finish, and shall not exceed 3 1/2 inches in thickness. The overhang of the coping or deck shall not exceed 2 inches or be less than 1 inch. All corners created by coping or cantilevered deck shall be rounded in both the vertical and horizontal dimensions to eliminate sharp corners.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-211 Freeboard

A. The freeboard in a public or semipublic swimming pool or spa shall not exceed 8 inches, except as provided in subsection (B).

B. The freeboard in a semipublic swimming pool may exceed 8 inches to provide for walls, terraces, or other design features. The Department shall review each request to allow an increase in freeboard on a case-by-case basis. In reviewing the request, the Department shall consider safety, exit distances, alternative exits, and location. The length and height of the section where the freeboard area may be increased is limited. All of the following requirements shall be met:

1. Guard rails or similar devices are provided to prevent any raised area from being used as a diving platform.

2. The vertical surfaces of the freeboard area are constructed of inorganic materials. All vertical surfaces shall be rigid, smooth, and easily cleanable.

3. The horizontal surface areas comply with the provisions of this Article for decks.

4. The vertical surface area is included as surface area of the swimming pool to determine the type, size, location, and numbers of equipment and piping.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-212 Floors

A. The slope of the floor of a public or semipublic swimming pool, from the end wall in the shallow area towards the deep area to the point of the first slope change shall be uniform and shall not exceed 1 foot of fall in 10 feet. The floor slope in a public or semipublic spa shall not exceed 1 foot of fall in 10 feet.

B. The floor slope of a public or semipublic swimming pool, from the point of the first slope change to the deepest part of the swimming pool, shall not exceed 1 foot of fall in 3 feet.

C. For a public or semipublic swimming pool that is equipped for diving, the depth of the swimming pool at the point of the first slope change shall be a minimum of 5 feet. For a public or semipublic swimming pool that is not equipped for diving, the depth of the swimming pool at the point of the first slope change shall be a minimum of 4 feet.

D. All portions of a swimming pool or spa floor shall slope towards a main drain.

E. The transitional radius where the floor of a public or semipublic swimming pool joins a wall shall comply with the following:

1. The center of the radius shall be no less than 3 feet below the waterline in the deep area or 2 feet below the waterline in the shallow area.

The radius shall be tangent at the point where the radius meets the wall or floor.

3. The radius shall be equal to or greater than the depth of the swimming pool minus the vertical wall depth measured from the waterline minus 3 inches.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-213 Entries and Exits

A. Each public or semipublic swimming pool shall have at least two means of entry or exit consisting of ladders, steps, or recessed treads.

B. There shall be at least one ladder, set of steps, or set of recessed treads for each 75 feet of perimeter of a public or semipublic swimming pool or spa.

C. At least one means of entry and exit shall be provided in the deep area and at least one means of entry and exit shall be provided in the shallow area of a public or semipublic swimming pool. Where the water depth is 2 feet at the swimming pool wall in the shallow area or where there is a zero depth entry pool [for example, an artificial beach], the area shall be considered a means of entry or exit.

D. A set of steps shall be provided in a public or semipublic spa.

E. The location of stairs, ladders, and recessed treads shall not interfere with racing lanes.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-214 Steps

A. Each set of steps shall be provided with at least one handrail to serve all treads and risers. Handrails shall be provided at one side or in the center of all steps. Handrails shall be installed in such a way that they can be removed only with tools.

B. Steps shall be permanently marked to be clearly visible from above and below the water level in a swimming pool or spa. The edges of steps shall be outlined with a sharply contrasting colored tile or other material that is clearly visible from the deck adjacent to the steps.

C. Steps may be constructed only in the shallow area of a public or semipublic swimming pool.

D. Steps shall not project into a public or semipublic swimming pool or spa in a manner that creates a hazard to users.

E. All tread surfaces on steps shall have slip-resistant surfaces.

F. Step treads shall have a minimum unobstructed horizontal depth of 10 inches. Risers shall have a maximum uniform height of 12 inches, with the bottom riser height allowed to vary ± 2 inches from the uniform riser height.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-215 Ladders

A. At least one ladder shall be provided in the deep area of a public or semipublic swimming pool. If the width of the deep area of a swimming pool is greater than 20 feet, then one ladders shall be located on opposite sides of the deep area.

B. A swimming pool or spa ladder shall be equipped with two handrails.

C. All treads on ladders shall have slip-resistant surfaces.

D. Ladder treads shall have a minimum horizontal depth of 1 1/2 inches. The distance between ladder treads shall range from a minimum of 7 inches to a maximum of 12 inches.

E. Below the waterline, there shall be a clearance of not more than 6 inches and not less than 3 inches between any ladder tread edge and the wall as measured from the side of the tread closest to the wall.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-216 Recessed Treads

A. Recessed treads with handrails may be substituted for ladders.

B. Recessed treads shall be pre-formed, readily cleanable, and designed to drain into the swimming pool or spa to prevent the accumulation of dirt in the recessed treads.

C. Each set of recessed treads shall be equipped with two handrails.

D. All recessed treads shall have slip-resistant surfaces.

E. The vertical distance between the swimming pool or spa coping edge or deck and the uppermost recessed tread shall be a maximum of 12 inches. Recessed treads at the centerline shall have a uniform vertical spacing of 12 inches maximum and 7 inches minimum.

F. Recessed treads shall be at least 5 inches deep and 12 inches wide.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-217 Decks and Deck Equipment

A. Decks, ramps, coping, and similar step surfaces shall be constructed of concrete or other inorganic material, have a slip-resistant finish, and be easily cleanable.

B. The minimum continuous unobstructed deck width, including the coping, shall be 10 feet for a public swimming pool and 4 feet for a semipublic swimming pool. The dimensional design of decks at public and semipublic swimming pools shall comply with the dimensions shown in Illustration B.

C. A minimum 5 feet of deck width shall be provided on the sides and rear of any diving equipment at a public swimming pool. A minimum 4 feet of deck width shall be provided on the sides and rear of any diving equipment at a semipublic swimming pool. If diving equipment is installed at a public swimming pool, there shall be a minimum 15 feet of deck width from the swimming pool wall to the edge of the deck behind the diving equipment [See Illustration B].

D. A continuous unobstructed deck width of at least 4 feet, which may include the coping, shall be provided on at least two contiguous sides and around at least 50% of the perimeter of a public or semipublic spa.

E. Decks shall be sloped to effectively drain either to perimeter areas or to deck drains. Drainage shall remove splash water, deck cleaning water, and rain water without leaving standing water. The minimum slope of the deck shall be 1/4 inch per 1 foot. The maximum slope of the deck shall be 1 inch per 1 foot, except for ramps.

F. Decks shall be edged to eliminate sharp corners.

G. Site drainage shall be provided to direct all perimeter deck drainage and general site and roof drainage away from a public or semipublic swimming pool or spa. Yard drains may be required to prevent the accumulation or puddling of water in the general area of the deck and related improvements.

H. Hose bibbs shall be provided along the perimeter of the deck so that all parts of the deck may be washed down. At a minimum, each hose bibb shall be protected against back siphonage with an atmospheric vacuum breaker. The Department may approve quick disconnect style hose bibbs.

I. Any valve that is installed in or under any deck shall provide a minimum 10-inch diameter access cover and a valve pit to facilitate the repair and maintenance of the valve.

J. Joints in decks shall be provided to minimize the potential for cracks due to changes in elevations or movement of the slab. The maximum voids between adjoining concrete slabs or between concrete slabs and expansion joint material shall be 3/16 inch of horizontal clearance with a maximum difference in vertical elevation of 1/4 inch. Areas where the deck joins concrete shall be protected by expansion joints to protect the swimming pool or spa from the pressures of relative movements. Construction joints where pool or spa coping meets the deck shall be watertight and shall not allow water to pass through to the underlying ground.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-218 Lighting

A. A public or semipublic swimming pool or spa and adjacent deck areas shall be lighted by natural or artificial means when they are in use.

B. A public or semipublic swimming pool or spa that is intended to be used at night shall be equipped with artificial lighting that is designed and spaced so that all parts of the swimming pool or spa, including the bottom, may be seen without glare.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-219 Water Depths

A. Except as provided in subsection (B), the minimum water depth in the shallowest area of a public or semipublic swimming pool shall be 2 feet. The maximum water depth in the shallowest area of a public or semipublic swimming pool shall be 3 feet. In public swimming pools, where racing lanes terminate, the minimum depth shall be 5 feet from the water level to the point where the vertical wall is radiused to join the floor.

B. The Department may approve a depth of less than 2 feet in a wading pool or to allow a zero depth entry swimming pool.

C. The maximum water depth in a public or semipublic spa shall be 42 inches, measured from the water level.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-220 Depth Markers

A. Water depths shall be conspicuously and permanently marked at or above the water level on the vertical wall and on the top of the coping or the edge of the deck next to a swimming pool.

1. Depth markers on a vertical wall shall be positioned to be read from the water side.

2. Depth markers on a deck shall be located within 18 inches of the side of the swimming pool and positioned to be read while standing on the deck facing the water. Depth markers that are located on a deck shall be made of slip-resistant materials.

B. Depth markers for a public or semipublic swimming pool shall be installed at points of maximum and minimum water depth and at all points of slope change. Depth markers are required in the shallow area at 1-foot depth intervals to a depth of 5 feet. Thereafter, depth markers shall be installed at 2-foot depth intervals. Depth markers shall not be spaced at distances greater than 25 feet.

C. Depth markers shall be located on both sides and at both ends of a public or semipublic swimming pool.

D. Depth markers shall be in Arabic numerals with a 4-inch minimum height. Arabic numerals shall be of contrasting color to the background.

E. In public swimming pools with racing lanes, approach warning markers shall be placed below the water level on the opposite walls at the ends of each racing lane. Warning markers shall be of contrasting color to the background. Warning markers shall be clearly visible in or out of the water from a minimum distance of 10 feet.

F. The shallow area of a public swimming pool shall be visually set apart from the deep area of the pool by a rope and float line.

G. Depth markers for a public or semipublic spa shall comply with all of the following:

1. A public or semipublic spa shall have permanent depth markers with numbers that are a minimum of 4 inches high. Depth markers shall be plainly and conspicuously visible from all points of entry.

2. The maximum depth of a public or semipublic spa shall be clearly indicated by depth markers.

3. There shall be a minimum of 2 depth markers at each public or semipublic spa.

4. Depth markers shall be spaced at no more than 25-foot intervals and shall be uniformly located around the perimeter of the spa.

5. Depth markers shall be positioned on the deck within 18 inches of the side of the spa. A depth marker shall be positioned so that it can be read by a person standing on the deck facing the water.

6. Depth markers that are on deck surfaces shall be made of slip-resistant material.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-221 Diving Areas and Equipment

A. The dimensions of a diving area in a public or semipublic swimming pool shall comply with minimum requirements for length, width, depth, area, and other dimensions specified in Illustration A. The diving well profile in Illustration A does not apply to a special use pool that is intended for competitive diving and has been approved by Department pursuant to R18-5-248(A).

B. Diving equipment shall be permanently anchored to the swimming pool deck. Equipment shall be rigidly constructed with sufficient bracing to ensure stability. Supports, platforms, steps, and ladders for diving equipment shall be designed to carry anticipated loads.

C. All diving stands higher than 21 inches, measured from the deck to the top of the board, shall be provided with stairs or a ladder.

D. Diving equipment shall have a durable finish. The surface finish shall be free of tears, splinters, or cracks that may be a hazard to users.

E. Steps and ladders leading to diving boards and diving platforms shall be of corrosion-resisting materials and shall have slip-resistant tread surfaces. Step treads shall be self-draining.

F. Diving boards, diving platforms, and starting blocks shall have slip-resistant tread surfaces.

G. Handrails shall be provided at all steps and ladders leading to diving boards that are 1 meter or more above the water.

H. Diving boards and diving platforms that are 1 meter or higher shall be protected with guard rails. Guard rails shall be at least 30 inches above the diving board or diving platform and shall extend to the edge of the swimming pool wall.

I. A label shall be permanently affixed to a diving board and shall include the following:

1. Manufacturer's name and address,

2. Board length, and

3. Fulcrum setting instructions.

J. The maximum diving board height over the water is 3 meters. The maximum height of a diving platform over the water is 10 meters.

K. Starting blocks shall be located in the deep end of a public swimming pool or where the depth of the water is at least 5 feet.

L. There shall be a completely unobstructed clear vertical distance of 13 feet above any diving board measured from the center of the front end of the board. This clear, unobstructed vertical space shall extend horizontally at least 8 feet behind, 8 feet to each side, and 16 feet ahead of the front end of the board.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-222 Prohibition against Diving; Warning Signs

A. Diving equipment is prohibited in a public or semipublic swimming pool that does not meet the minimum diving well dimensions specified in Illustration A. If a public or semipublic swimming pool does not meet the dimensional requirements prescribed in Illustration A for diving, then the owner shall prominently display at least one sign that cautions users that the swimming pool is not suitable for diving. The warning sign shall state "NO DIVING" in letters that are 4 inches or larger or display the international symbol for no diving.

B. Diving from the deck of a public or semipublic swimming pool into water that is less than 5 feet deep shall be prohibited. Warning markers indicating in words or symbols that diving is prohibited shall be placed on the deck within 18 inches of the side of the shallow area of the swimming pool. A warning marker shall be positioned so that it can be read by a person standing on the deck facing the water.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-223 Water Circulation System

A. A public or semipublic swimming pool or spa shall have a water circulation system that provides complete circulation of water through all parts of the swimming pool or spa and can maintain water chemistry and water clarity requirements.

B. The water circulation system for a public or semipublic swimming pool shall have a turnover rate of at least once every 8 hours. The water circulation system of a public or semipublic spa shall have a turnover rate of at least once every 30 minutes. The water circulation system for a wading pool shall have a turnover rate of at least once every hour. The water circulation system shall be designed to give the proper turnover rate without exceeding the maximum filtration rate for the filter in R18-5-227(E).

C. Water circulation system components shall comply with American National Standard/NSF International Standard Number 50, "Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs," NSF International, 3475 Plymouth Road, P.O. Box 130140, Ann Arbor, Michigan [revised July, 1996, and no future editions] which is incorporated by reference and on file with the Office of the Secretary of State and the Department.

D. Water circulation system components shall be accessible for inspection, repair, or replacement.

E. Except as provided by this subsection, water withdrawn from a public or semipublic swimming pool or spa shall not be returned unless it has been filtered and adequately disinfected. Water may be withdrawn from a swimming pool for a water slide or a water fountain without being filtered or disinfected.

F. In a swimming pool complex with more than one swimming pool or where there is a combination of swimming pools and spas, each swimming pool and spa shall have a separate water circulation system.

G. Hydrotherapy jets or other devices which create roiling water or similar effects in a spa shall not be connected to the water circulation system, but shall be operated through a separate system.

History

• Adopted effective February 19, 1998 (Supp. 98-1). Manifest typographical error corrected in subsection (B) (Supp. 01-1).

Ariz. Admin. Code § R18-5-224 Piping and Fittings

A. The water velocity in discharge piping for public and semipublic swimming pools and spas shall not exceed 10 feet per second, except for copper discharge piping where the velocity shall not exceed 8 feet per second. The water velocity in suction piping shall not exceed 6 feet per second. Piping shall be sized to permit the rated flows for filtering and cleaning without exceeding the maximum head of the pump.

B. Water circulation system piping and fittings shall be constructed of materials that are able to withstand 150% of normal operating pressures. Suction piping shall be of sufficient strength so that it does not collapse when there is a complete shutoff of flow on the suction side of the pump. A licensed Arizona contractor shall conduct an induced static hydraulic pressure test of the water circulation system piping at 25 pounds per square inch for at least 30 minutes. The pressure test shall be performed before the deck is poured. Pressure in the water circulation system piping shall be maintained during the deck pour.

C. Water circulation piping and fittings shall be made of nontoxic, corrosion-resistant materials.

D. Water circulation piping and fittings shall be installed so that piping or fittings do not project into a public or semipublic swimming pool or spa in a manner that is hazardous to users.

E. Piping that is subject to damage by freezing shall have a uniform slope in one direction and shall be equipped with valves that will permit the complete drainage of the water in the swimming pool or spa.

F. Piping shall be designed to drain the swimming pool or spa water by removing drain plugs, manipulating valves, or other means.

G. Piping systems shall be identified by color or by stencils or labels located at conspicuous points.

H. Plastic water circulation piping shall comply with American National Standard/NSF International Standard Number 14, "Plastics Piping System Components and Related Materials," NSF International, 3475 Plymouth Road, P.O. Box 130140, Ann Arbor, Michigan [revised September, 1996, and no future editions] which is incorporated by reference and on file with the Office of the Secretary of State and the Department.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-225 Pumps and Motors

A. A pump and motor shall be provided for each water circulation system. The pump shall be sized to meet but not to exceed the flow rate required for filtering against the total head developed by the complete water circulation system. The pump shall be sized to comply with the turnover rate prescribed in R18-5-223(B).

B. Pumps and motors shall be readily and easily accessible for inspection, maintenance, and repair. When the pump is below the waterline, valves shall be installed on permanently connected suction and discharge lines. The valves shall be readily and easily accessible for maintenance and removal of the pump.

C. Each motor shall have an open, drip-proof enclosure. Each motor shall be constructed electrically and mechanically to perform satisfactorily and safely under the conditions of load in the environment normally encountered in swimming pool or spa installations. Each motor shall be capable of operating the pump under full load with a voltage variation of ± 10% from the nameplate rating. Each motor shall have thermal or current overload protection to provide locked rotor and running protection. Thermal or current overload protection may be built into the motor or in the line starter.

D. The pump shall be equipped with an emergency shut-off switch that is located within the swimming pool or spa enclosure to cut off power to the water circulation system if someone is entrapped on a main drain or suction outlet.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-226 Drains and Suction Outlets

A. A public and semipublic swimming pool shall be equipped with at least two main drains located in the deepest part of the swimming pool or a single gravity drain that discharges to a surge tank.

B. Each main drain shall be covered by a grate that is not be readily removable by users. The openings in the grate shall have a total area that is at least four times the area of the drain pipe.

C. The spacing of the main drains shall not be greater than 20 feet on centers and not more than 15 feet from each side wall.

D. A minimum of two suction outlets shall be provided for each pump in a suction outlet system for a public or semipublic spa. The suction outlets shall be separated by a minimum of 3 feet or located on two different planes [that is, one suction outlet on the bottom and one on a vertical wall or one suction outlet each on two separate vertical walls]. The suction outlets shall be plumbed to draw water through them simultaneously through a common line to the pump. Suction outlets shall be plumbed to eliminate the possibility of entrapping suction.

E. If the suction outlet system for a public or semipublic swimming pool or spa has multiple suction outlets that can be isolated by valves, then each suction outlet shall protect against user entrapment by either an antivortex cover, a grate, or other means approved by the Department.

F. A public or semipublic spa may be equipped with a single gravity drain which discharges to a surge tank instead of suction outlets. The total velocity of water through grate openings of the drain shall not exceed 2 feet per second.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-227 Filters

A. Filters shall be designed, located, and constructed to permit removal of filter manhole covers or heads for inspection, replacement, or repair of filter elements or filter media. No filtration system shall be installed beneath the surface of the ground or within an enclosure without providing adequate access for inspection and maintenance.

B. Pressure-type filters shall be equipped with a means to release internal pressure. Each pressure filter shall be equipped with an air relief piping system connected at an accessible point near the crown. Automatic air relief systems may be used instead of manual systems. The design of a filter with an automatic air relief system as its principal means of air release shall include lids that provide a slow and safe release of pressure. The design of a separation tank used in conjunction with any filter tank shall include a manual means of air release or a lid which provides a slow and safe release of pressure as it is opened.

C. Pressure filter systems shall be equipped with a sight glass installed on the waste discharge pipe.

D. Swimming pool and spa filters shall comply with American National Standard/NSF International Standard Number 50, "Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs," NSF International, 3475 Plymouth Road, P.O. Box 130140, Ann Arbor, Michigan [revised July, 1996, and no future editions] which is incorporated by reference and on file with the Office of the Secretary of State and the Department.

E. The maximum filtration rate shall not exceed the design flow rate prescribed by the National Sanitation Foundation Standard 50 for commercial filters. In no case shall the maximum filtration rate exceed the following:

1. The rate of filtration in a high-rate sand filter shall not exceed 25 gallons/minute/square foot.

2. The rate of filtration of a diatomaceous earth filter shall not exceed 2 gallons/minute/square foot.

3. The rate of filtration of a cartridge filter shall not exceed 0.375 gallons/minute/square foot.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-228 Return Inlets

A. Adjustable return inlets shall be provided for each public and semipublic swimming pool or spa. Return inlets shall be designed, sized, and installed to produce a uniform circulation of water throughout the swimming pool or spa. Where surface skimmers are used, return inlets on vertical walls shall be located to help bring floating particles within range of the surface skimmers.

B. A public or semipublic swimming pool shall have a minimum of two return inlets, regardless of the size of the swimming pool. The number of return inlets shall be based on two return inlets per 600 square feet of surface area, or fraction thereof.

C. Return inlets in a public or semipublic swimming pool shall be on a closed loop piping system. Public or semipublic spas with three or more return inlets shall be on a closed loop piping system.

D. Where the width of a public or semipublic swimming pool exceeds 30 feet, bottom returns shall be required. Bottom returns shall be flush with the pool bottom or designed to prevent injury to users.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-229 Gauges

A. Pressure gauges shall be installed on the water circulation system for each public and semipublic swimming pool and spa. Pressure gauges shall be installed in accessible locations where they can be read easily.

B. Pressure gauges shall be installed on the inlet and outlet manifold of the filter. Pressure gauges shall read at intervals of 1 pound per square inch [psi].

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-230 Flow Meter

A public swimming pool shall be equipped with, a flow meter which indicates the rate of backwash through the filter. The flow meter shall be installed between the pump and the filter on a straight section of pipe in accordance with the manufacturer's specifications in a location where it can be read easily. The flow meter shall measure the rate of flow through the filter in gallons per minute and shall be accurate to within 5% under all conditions of flow. The flow meter shall have an indicator with a range of at least 150% of the normal flow rate.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-231 Strainers

The water circulation system shall include a removable strainer located upstream of the pump to prevent solids, debris, hair, or lint from reaching the pump and filters. The strainer shall be made of corrosion-resistant material. A strainer shall have openings that have a total area which is equal to at least four times the area of the suction piping.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-232 Overflow Collection Systems

A. An overflow collection system shall be installed in each public or semipublic swimming pool or spa.

B. The overflow collection system shall be designed and constructed so that the water level of the swimming pool is maintained at the mid-point of the operating range of the system's rim or weir device.

C. Rim type overflow collection systems shall be installed on at least two opposite sides and have a total length of at least 50% of the perimeter of a public or semipublic swimming pool. The overflow collection system shall be capable of carrying 50% of the design capacity of the water circulation system.

D. If overflow gutters are used, they shall be installed continuously around the swimming pool with the lip of the gutter level throughout its perimeter. Overflow gutters shall be provided with sufficient opening at the top and width at the bottom to permit easy cleaning. The overflow gutter bottom shall be pitched 1/4 inch per foot to drainage outlets located not more than 10 feet apart. Outlet piping shall be sized to circulate at least 50% of the capacity of the water circulation system and be properly covered by a drain grate. The surge tank for the overflow gutters shall be equipped with float controls which regulate the main drain, fill line, and overflow. The system surge capacity shall not be less than one gallon for each square foot of swimming pool surface area. Stainless steel gutters and other specialty gutter systems may be used if they are hydraulically equivalent to overflow gutters.

E. Surface skimmers shall be recessed into the swimming pool or spa wall and shall be installed to achieve effective skimming action throughout the swimming pool or spa.

1. A surface skimmer shall be provided for each 400 square feet of surface area, or fraction thereof, of a public or semipublic swimming pool. A minimum of two surface skimmers are required in a public or semipublic swimming pool. A surface skimmer shall be provided for each 200 square feet of surface area, or fraction thereof, of a public or semipublic spa.

2. The overflow slot shall be set level and shall not be less than 8 inches in width at the narrowest section.

3. The rate of flow through the skimmers shall be a minimum of 75% of the water circulation system capacity. Surface skimmers shall be designed to carry at least 30 gallons per minute per lineal foot of weir throat.

4. Where three or more surface skimmers are used, they must be on a closed loop piping system.

5. At least one surface skimmer shall be located on the side or near the corner of the swimming pool that is downwind of the area's prevailing winds.

Main drain piping shall be designed to carry at least 50% of the design flow.

F. Mixed inlet types [for example, surface skimmers and gutters] are prohibited in a public or semipublic swimming pool.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-233 Vacuum Cleaning Systems

A vacuum cleaning system shall be provided for each public and semipublic swimming pool. A vacuum cleaning system shall not create a hazard or interfere with the operation or use of the swimming pool. In integral systems, a sufficient number of vacuum cleaner fittings shall be located in accessible positions at least 10 inches below the water line. Alternatively, vacuum cleaner fittings may be installed as an attachment to the surface skimmers. A pressure cleaning system may be installed in addition to the required vacuum cleaning system.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-234 Disinfection

A. An adjustable automatic chemical feeder shall be provided to ensure the continuous disinfection of the water in a public or semipublic swimming pool or spa. Timers on disinfection equipment are prohibited. Disinfection shall be accomplished by chlorination or by another method that is approved by the Department. The method of disinfection shall effectively maintain an adequate disinfectant residual in the water which is subject to field testing by methods that are easy to use and accurate.

Chlorine disinfection equipment for a public or semipublic swimming pool shall be designed to maintain a free chlorine residual of 1.0 to 3.0 ppm. Chlorine disinfection equipment for a public or semipublic spa shall be designed to maintain a free chlorine residual of 3.0 to 5.0 ppm.

2. Bromine disinfection equipment for a public or semipublic swimming pool shall be designed to maintain a bromine residual of 2.0 to 4.0 ppm. Bromine disinfection equipment for a public or semipublic spa shall be designed to maintain a bromine residual of 3.0 to 5.0 ppm.

B. The use of chlorinated isocyanurates or cyanuric acid stabilizer for disinfection and stabilization is permitted. If used, chlorinated isocyanurates shall be fed so as to maintain required disinfectant residual levels. Cyanuric acid levels, whether from chlorinated isocyanurates or from the separate addition of cyanuric acid stabilizer, shall not exceed 150 ppm.

C. The use of chloramines as a primary disinfectant of swimming pool or spa water is prohibited.

D. The addition of gaseous disinfectant directly into a public or semipublic swimming pool is prohibited. The addition of dry or liquid disinfectant directly into a public or semipublic swimming pool or spa for routine disinfection is prohibited. This prohibition does not prohibit the use of liquid or dry disinfectants for shock treatment of a swimming pool or spa. A chlorine gas disinfection system shall not be used for the disinfection of water in a public or semipublic spa.

E. A common chlorine gas disinfection system may be utilized in separate swimming pools if separate metering and feeding devices are provided for each swimming pool.

F. If gaseous chlorine is used for disinfection, the following shall be provided:

1. The chlorinator, chlorine cylinders, and associated chlorination equipment shall be located in a separate well ventilated enclosure at or above ground level. The enclosure shall be reasonably gas-tight, noncombustible, and corrosion-resistant. The door of the enclosure shall open to the outside and shall not open directly toward the swimming pool.

2. If chlorination equipment is placed in a room, then an exhaust fan or gravity ventilation system shall be provided. Mechanical exhausters shall take suction 6 inches or less above the floor and discharge through corrosion-resistant louvers to a safe outside location. A gravity ventilation system shall be designed and constructed to discharge to the outside from floor level. Fresh air intakes shall be located no closer than 3 feet above the ventilation discharge. Chlorine room exhausts shall be directed away from the swimming pool to an area which is normally unoccupied. Chlorine room fans shall be capable of completely changing the air in the room at least once a minute.

3. Electrical switches to control lighting and ventilation in the chlorine room shall be located on the outside of the enclosure and adjacent to the door.

4. Chlorine cylinders shall be kept in an upright position and securely anchored to prevent them from falling. Chlorine cylinders may be stored indoors or out. If stored outside, chlorine cylinders shall not be stored in direct sunlight. Chlorine cylinders shall not be stored near an elevator, ventilation system, or heat source.

5. A warning sign shall be placed on the outside of the door to the chlorine room which cautions persons of the danger of chlorine gas within the enclosure. The warning shall be in letters 3 inches high or larger. The door to the chlorine room shall be provided with a shatter resistant inspection window.

Chlorinators shall be a solution-feed type, capable of delivering chlorine at its maximum rate without releasing chlorine gas to the atmosphere. Chlorinators shall be designed to prevent the backflow of water into the chlorine solution container.

G. Granular, tablet, stick, and other forms of dry disinfectant shall be fed by an adjustable automatic feeding device.

H. Disinfection equipment and chemical feeders shall comply with the requirements set forth in American National Standard/NSF International Standard 50, "Circulation System Components and Related Materials for Swimming Pools, Spas/Hot Tubs," NSF International, 3475 Plymouth Road, P.O. Box 130140, Ann Arbor, Michigan [revised July, 1996, and no future editions] which is incorporated by reference and on file with the Office of the Secretary of State and the Department.

I. If a chemical feeder is used, it shall be installed to inject solution downstream from the filter and the heater. An erosion-type feeder may be installed to feed solution to the suction side of the pump. A chemical feeder shall be wired so it cannot operate unless the filter pump is running.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-235 Cross-connection Control

A. Cross-connections between the distribution system of a public water system and the water circulation system of a public or semipublic swimming pool or spa are prohibited.

B. Potable water for make-up water purposes may be introduced into a public or semipublic swimming pool or spa in any of the following ways:

Through an over-the-rim spout with an air-gap of at least twice the diameter of the pipe and not less than 6 inches above the overflow level. If an over-the-rim spout is used, it shall be located so that it does present a tripping hazard. The open end of an over-the-rim spout shall have no sharp edges and shall not protrude more than 2 inches beyond the edge of the swimming pool or spa wall;

2. Through a float controlled make-up water feed tank with an air gap of at least 3 inches above the overflow level; or

Through a submerged inlet that is protected against backsiphonage by at least a pressure vacuum breaker that is installed so that the bottom of the backflow prevention assembly is a minimum of 12 inches above the level of the coping.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-236 Disposal of Filter Backwash, Wasted Swimming Pool or Spa Water, and Wastewater

All sewage from plumbing fixtures, including urinals, toilets, lavatories, showers, drinking fountains, floor drains, and other sanitary facilities shall be disposed of in a sanitary manner. Filter backwash and wasted swimming pool or spa water shall be discharged into a sanitary sewer through an approved air gap, an approved subsurface disposal system, or by other means that are approved by the Department. The method of disposal shall comply with applicable disposal requirements established by a county, municipal, or other local authority. There shall be no direct physical connection between the sewer system and the water circulation system of a public or semipublic swimming pool or spa.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-237 Lifeguard Chairs

Each public swimming pool shall have at least one elevated lifeguard chair for each 3,000 square feet of pool surface area or fraction thereof. At least one lifeguard chair shall be located close to the deep area of the swimming pool and shall provide a clear, unobstructed view of the swimming pool bottom. If a public swimming pool is provided with more than one lifeguard chair or the width of the public swimming pool is 45 feet or more, then lifeguard chairs shall be located on each side of the public swimming pool.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-238 Lifesaving and Safety Equipment

A. Public and semipublic swimming pools shall have lifesaving and safety equipment that is conspicuously and conveniently located and maintained ready for immediate use at all times.

B. Each public or semipublic swimming pool shall have one ring buoy or a similar flotation device. Each ring buoy or flotation device shall be attached to 50 feet of 1/4 inch rope.

C. Each semipublic and public swimming pool shall have at least one shepherd crook that is mounted on a rigid 16-foot pole.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-239 Rope and Float Lines

A rope and float line shall be installed across each public swimming pool on the shallow side of the break in grade between the shallow and deep portions of the pool [that is, within 1 to 2 feet of the point where the floor slope begins to exceed 1 foot in 10 feet]. The rope shall be a minimum of 3/4 inch in diameter and supported by floats spaced at intervals not greater than 7 feet. The rope and float line shall be securely fastened to wall anchors that are made of corrosion-resistant materials. The wall anchors shall be recessed or have no projection that constitutes a hazard when the float line is removed.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-240 Barriers

A. A public swimming pool or spa and deck shall be entirely enclosed by a fence, wall, or barrier that is at least 6 feet high. A semipublic swimming pool or spa and deck shall be entirely enclosed by a fence, wall, or barrier that is at least 5 feet high. The height of the fence, wall, or barrier shall be measured on the side of the barrier which faces away from the swimming pool or spa.

B. Fences or walls shall:

1. Be constructed to afford no external handholds or footholds;

2. Be of materials that are impenetrable to small children;

3. Have no openings or spacings of a size that a spherical object 4 inches in diameter can pass through; and

4. Be equipped with a gate that opens outward from the swimming pool or spa. The gate shall be equipped with a self-closing and self-latching closure mechanism or a locking closure located at or near the top of the gate, on the pool side of the gate, and at least 54 inches above the floor.

C. The distance between the horizontal components of a fence shall not be less than 45 inches apart. The horizontal members shall be located on the interior side of the fence. Spacing or openings between vertical members shall be of a size that a spherical object 4 inches in diameter cannot pass through.

D. The maximum mesh size for a wire mesh or chain link fence shall be a 1 3/4 inches square.

E. Masonry or stone walls shall not contain indentations or protrusions except for normal construction tolerances and tooled masonry joints.

F. If a wall of a building serves as part of the barrier around a public or semipublic swimming pool or spa, there shall be no direct access to the swimming pool or spa through the wall except as follows:

Windows leading to the swimming pool or spa area shall be equipped with a screwed-in place wire mesh screen or a keyed lock that prevents opening the window more than 4 inches.

2. A hinged door leading to the swimming pool or spa area shall be self-closing and shall have a self-latching device. The release mechanism of the self-latching device shall be located at least 54 inches above the floor.

3. If an additional set of doors is required by the fire code allowing access to the swimming pool or spa, they shall be self-closing and self-latching, equipped with panic bars no less than 54 inches from the floor to the bottom of the bar and designated "For Emergency Use Only."

4. Sliding doors leading to the swimming pool or spa area are prohibited except for sliding doors that are self-closing and self-latching.

G. If a barrier is composed of a combination concrete masonry unit and wrought-iron, the wrought iron portion shall be installed flush with the outside vertical surface of the concrete masonry unit. The space between the wrought iron and the concrete masonry unit shall be 1/2 inch or less. The vertical members of the wrought iron shall be spaced 4 inches on center.

H. Filtration, disinfection, and water circulation equipment shall be enclosed by a wall or fence.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-241 Public Swimming Pools; Bathhouses and Dressing Rooms

A. Separate dressing rooms shall be provided for each sex. Dressing rooms shall be equipped with baskets or other checking facilities.

B. All entrances to and exits from the dressing rooms shall be effectively screened to interrupt the line of sight of persons outside the dressing rooms.

C. Walls and partitions of dressing rooms, locker rooms, toilets, and showers shall be light colored, smooth, nonabsorbent, and easily cleanable. Concrete or pumice blocks used for interior wall construction in these locations shall be finished and sealed to provide a smooth and easily cleanable surface. Partitions shall be designed so that a waterway is provided between partitions and the floor to permit thorough cleaning of the walls and floor areas with hoses and brooms.

D. Floors shall be of nonslip construction, free of cracks or openings, and sloped to adequate drains so the surface will be free of standing water and puddles. Floors shall be sloped not less than 1/4 inch per foot toward the drains to ensure positive drainage. Carpeting is prohibited.

E. All furniture shall be of simple character and easily cleanable. Locker compartments, partitions, booths, furniture, and other appurtenances in dressing rooms shall be so installed or raised above the floor to permit washing down the dressing rooms and bathhouse interiors.

F. An adequate number of hose bibs shall be provided for washing down the dressing room or bathhouse interior.

G. Dressing rooms, toilets, and showers shall be provided with adequate lighting and ventilation.

H. Toilet facilities shall be provided for each sex. For male users, there shall be one toilet and one urinal for each 100 bathers or fraction thereof. For female users, there shall be one toilet for each 50 bathers, or fraction thereof. In no case shall less than two toilets be provided for female users. Sanitary napkin dispensers shall be installed in toilet or shower areas designated for female users.

I. Shower and handwashing facilities with hot and cold water and soap shall be provided for each dressing room. Hot and cold water shall be provided at all shower heads. The water heater and thermostatic mixing valve shall be inaccessible to users and shall be capable of providing two gallons per minute of 90°F water to each shower head. A minimum of two shower heads shall be provided in each dressing room. Each dressing room shall have one shower head for each 50 bathers or fraction thereof.

J. One lavatory with an unbreakable mirror shall be provided in each dressing room for the first 100 users. An additional lavatory and unbreakable mirror shall be provided for each additional 100 users or fraction thereof. Soap dispensers for providing either liquid or powdered soap shall be provided at each lavatory. Soap dispensers shall be made of metal or plastic with no glass permitted.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-242 Semipublic Swimming Pools; Toilets and Lavatories

A. A bathroom with a minimum of one toilet shall be provided for each sex.

B. Each bathroom shall have at least one lavatory. Soap dispensers for providing either liquid or powdered soap shall be provided at each lavatory. Soap dispensers shall be made of metal or plastic with no glass permitted.

C. An establishment that operates a semipublic swimming pool or spa and provides a private room with a toilet and lavatory for bathers shall be deemed to have complied with the requirements of this Section.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-243 Drinking Water Fountains

Drinking water from an approved source and dispensed through one or more drinking fountains shall be located on the deck of each public swimming pool or spa.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-244 Wading Pools

A. A wading pool is a type of public or semipublic swimming pool. The design criteria prescribed in this Article for public or semipublic swimming pools apply, except as provided in this Section.

B. A wading pool shall be physically set apart from public and semipublic swimming pools.

1. A wading pool shall be separated from a public swimming pool by a minimum 4-foot high fence or partition with a self-closing, self-latching gate.

2. A wading pool shall be separated from a semipublic swimming pool by at least 4 feet of deck.

3. A wading pool shall not be located adjacent to the deep area of a public or semipublic swimming pool.

C. A wading pool shall have a maximum depth of 24 inches. Water depths may be reduced from the stated maximums and brought to zero at the most shallow point of the wading pool.

D. The floor of a wading pool shall be uniform with a maximum slope of 1 foot of fall in 10 feet. The floor of a wading pool shall have a slip-resistant surface.

E. All wading pools shall have separate equipment for water circulation and disinfection. There shall be no cross-connection between the water circulation system of a wading pool and a public or semipublic swimming pool. The water in a wading pool shall have a maximum turnover cycle of 1 hour.

F. At least two main drains shall be provided at the deepest point in a wading pool. Each main drain shall be covered by a grate which cannot be removed by users. The openings in the grate shall have a total area that is at least four times the area of the drain pipe. In the alternative, a wading pool may be equipped with a single gravity drain which discharges to a surge tank.

G. Surface skimmers shall be provided on the basis of at least one skimmer for each 200 square feet of wading pool surface area. Surface skimmer flow rates shall be the same as required for public and semipublic swimming pools. Where only one skimmer is provided, the main drain may be connected through the skimmer.

H. Return inlets shall be provided and arranged to produce a uniform circulation of water and maintain a uniform disinfectant residual throughout the wading pool. Where three or more return inlets are required, they shall be on a closed loop piping system.

I. Suction outlets in a wading pool shall have plumbing provisions so as to relieve any possibility of entrapping suction.

J. Gaseous chlorine shall not be used for the disinfection of wading pool water.

K. A drinking fountain at a height convenient to small children or a drinking fountain with a raised step shall be provided in the area of the wading pool.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-245 Timers for Public and Semipublic Spas

The timer for a public or semipublic spa which controls the hydrotherapy jets shall be located at least 5 feet from the spa and shall have a maximum time limit of 15 minutes.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-246 Air Blower and Air Induction Systems for Public and Semipublic Spas

An air blower system or air induction system for a public or semipublic spa shall comply with the following requirements:

1. The system shall prevent water backflow which could cause an electrical shock hazard.

2. Air intake sources shall not introduce water, dirt, or contaminants into the spa.

3. The system shall be properly sized for a commercial spa application.

4. If the air blower is installed within an enclosure or indoors, then adequate ventilation shall be provided.

Integral air passages shall be pressure tested and shall provide structural integrity to a value of 1 1/2 times the intended working pressure.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-247 Water Temperature in Public and Semipublic Spas

The temperature of heated water coming into a public or semipublic spa shall not exceed 104°.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-248 Special Use Pools

A. A person who intends to construct a special use pool shall notify the Department and provide plans, specifications, and a description of the intended use of the special use pool. The Department shall use best professional judgment in approving a special use pool, taking into consideration the intended use of the pool, the conditions under which it will operate, and the safety of users. The Department may consider the design requirements prescribed by an official sanctioning athletic body such as the National Collegiate Athletic Association [NCAA], National Federation of State High School Associations [NFSHSA], U.S. Swimming, U.S. Diving, or the Internationale de Natation Amateur [FINA] in using best professional judgement to approve a special use pool that is intended for competitive swimming and diving.

B. A special use pool that is designed with exercise or training bars in the pool shall be restricted to the special use when the bars are located in the pool. The bars shall:

1. Be constructed of durable and corrosion-resistant material;

2. Be sealed, welded shut, or capped at both ends to prevent retention of water within the bars;

3. Bars may be removable. Removable bars shall be wedge anchored in place and the anchors shall be covered. Water-tight anchor plugs [95% efficiency] shall be provided when the bars are removed; and

4. Extend not more than 4 inches from the side of the pool into the water. The minimum clear opening from the inside of the bar to the side of the swimming pool shall not be less than 2 inches.

D. A special use pool that is designed with a ramp shall comply with the following:

1. The ramp shall be constructed of slip-resistant material;

2. The slope of the ramp shall not exceed 1 foot in 12 feet;

3. The width of the ramp shall be at least 3 feet;

4. The ramp shall have a level platform at the top and the bottom of the ramp;

5. The ramp shall be equipped with at least a 3 1/2 foot high guardrail installed on the deck and extending the length of the ramp;

6. The ramp shall be constructed with return inlets located on the pool and ramp walls along the length of the ramp.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-249 Variances

A. The Department may grant a variance from a requirement prescribed in this Article upon a demonstration by the applicant that an alternative design, material, appurtenance, or technology is equivalent to a requirement prescribed in this Article. If a variance is granted, it shall be conditioned upon the applicant's use of the approved alternative.

B. The Department shall not grant a variance that results in an unreasonable risk to the health of swimming pool or spa users.

C. The applicant shall request a variance in writing. A variance request shall contain the following information:

1. Identification of the requirement prescribed in this Article for which a variance is requested;

2. Explanation of the reasons why the applicant cannot comply with the requirement;

3. A complete description of the alternative design, material, or technology to be installed and used in the swimming pool or spa, including design plans, specifications, and a description of the cost;

4. A demonstration that the alternative design, material, or technology to be installed and used in the swimming pool or spa is equivalent to the requirement in this Article and will not result in an unreasonable risk to users; and

5. A statement that the applicant will perform reasonable requirements prescribed by the Department that are conditions of a variance.

D. The applicant shall submit a request for a variance with an application for design approval. The Department shall determine whether the application for design approval and the variance request are complete. Within 30 days after the date of the submittal of the application for design approval and the variance request, the Department shall issue a written notice to the applicant that states that the request for a variance and the application for design approval are complete or which states that the request for a variance or the application for design approval is incomplete and identifies specific information deficiencies in the application for design approval or the variance request.

E. The Department may convene an advisory committee consisting of representatives of public and semipublic swimming pool and spa owners, public and semipublic swimming pool and spa building contractors, professional engineers, and county environmental and health departments to make a recommendation on a variance request.

F. If the Department grants the request for a variance, the Department shall identify the requirement for which the variance is granted, specify any conditions to the grant of a variance, and issue a design approval. If the Department denies the request for a variance, the Department shall issue a notice of intent to deny the request for a variance to the applicant. The notice shall state the reasons for the denial of the request for a variance and shall include a description of the applicant's right to request a hearing on the denial of the variance request pursuant to A.R.S. § 41-1092.03 and to request an informal settlement conference pursuant to A.R.S. § 41-1092.06. If the Department denies a request for a variance, the Department may either deny the application for design approval or issue a design approval that requires compliance with the requirement for which the variance is requested.

G. In considering a request for a variance from a requirement prescribed in this Article, the Director shall consider the following factors:

1. The intended use of the public or semipublic swimming pool or spa;

2. The safety of the alternative design, material, or technology for which a variance is requested; and

3. The cost and other economic considerations associated with requiring compliance with the requirement prescribed in this Article as compared to the alternative for which a variance is requested.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-250 Inspections

A. An inspector from the Department, upon presentation of credentials, may enter into any public or semipublic swimming pool or spa to determine compliance with this Article. The inspector may inspect records, equipment, and facilities; take photographs; and take other action reasonably necessary to determine compliance with this Article.

B. The owner or manager of a public or semipublic swimming pool or spa may accompany the inspector during an inspection.

C. An inspector from the Department may inspect a public or semipublic swimming pool or spa without giving prior notice of the inspection to the owner or operator of the swimming pool or spa.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Ariz. Admin. Code § R18-5-251 Enforcement

A. If an inspector finds a violation of this Article, the Department may issue a notice of violation to the owner of a public or semipublic swimming pool or spa. A notice of violation shall state specifically the nature of the violation and shall allow a reasonable time for the owner to correct the violation.

B. If the Director has reasonable cause to believe that a person has constructed a public or semipublic swimming pool or spa in violation of this Article, the Director may order the closure of the swimming pool or spa by issuing a cease and desist order by following the procedures for abatement of environmental nuisances in A.R.S. § 49-142.

History

• Adopted effective February 19, 1998 (Supp. 98-1).

Article 3 WATER QUALITY MANAGEMENT PLANNING

Ariz. Admin. Code § R18-5-301 Definitions

In addition to the definitions established in R18-9-101, the following terms apply to this Article:

1. "Certified Areawide Water Quality Management Plan" means a plan prepared by a designated Water Quality Management Planning Agency under Section 208 of the Federal Water Pollution Control Act ( P.L. 92-500) as amended by the Water Quality Act of 1987 ( P.L. 100-4), certified by the Governor or the Governor's designee, and approved by the United States Environmental Protection Agency.

2. "Designated management agency" means those entities designated in a Certified Areawide Water Quality Management Plan to manage sewage treatment facilities and sewage collection systems in their respective area.

3. "Designated water quality planning agency" means the single representative organization designated by the Governor under Section 208 of the Federal Water Pollution Control Act ( P.L. 92-500) as amended by the Water Quality Act of 1987 ( P.L. 100-4) as capable of developing effective areawide sewage treatment management plans for the respective area. The state acts as the planning agency for those non-tribal portions of the state for which there is no designated water quality planning agency.

4. "Facility Plan" means the plans, specifications, and estimates for a proposed sewage treatment facility, prepared under Section 201 and 203 of the Federal Water Pollution Control Act ( P.L. 92-500) as amended by the Water Quality Act of 1987 ( P.L. 100-4), and submitted to the Department by and for a designated management agency.

5. "General Plan" means a municipal statement of land-development policies that may include maps, charts, graphs, and text that list objectives, principles, and standards for local growth and development enacted under state law.

6. "Service area" means the geographic region specified for a designated management agency by the applicable Certified Areawide Water Quality Management Plan, Facility Plan, or General Plan.

7. "State water quality management plan" means the following elements:

a. Certified Areawide Water Quality Management Plans and amendments;

b. Water quality rules and laws;

c. Final total maximum daily loads approved by the United States Environmental Protection Agency for impaired waters;

d. Water quality priorities established by the Department;

e. Intergovernmental agreements between the Department and a designated water quality planning agency or a designated management agency; and

f. Active management area plans adopted by the Department of Water Resources.

History

• New Section adopted by final rulemaking at 7 A.A.R. 559, effective January 2, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-302 Certified Areawide Water Quality Management Plan Approval

A designated water quality planning agency shall submit a proposed Certified Areawide Water Quality Management Plan or plan amendment to the Director for review and approval. Upon approval, the Governor or the Governor's designee shall:

1. Certify that the plan or plan amendment is incorporated into and is consistent with the state water quality management plan, and

2. Submit the plan or plan amendment to the United States Environmental Protection Agency for approval.

History

• New Section adopted by final rulemaking at 7 A.A.R. 559, effective January 2, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-5-303 Determination of Conformance

All sewage treatment facilities, including an expansion of a facility, shall, before construction, conform with the Certified Areawide Water Quality Management Plan, Facility Plan, and General Plans as specified in subsections (1) and (2).

1. The Department shall make the determination of conformance if the sewage treatment facility or expansion of the facility conforms with the Certified Areawide Water Quality Management Plan and Facility Plan that prescribe a configuration for sewage treatment and sewage collection system management by a designated management agency within the service area.

2. If the condition specified in subsection (1) is not met, the Department shall make the determination of conformance as follows:

a. If no Facility Plan is applicable and a Certified Areawide Water Quality Management Plan as described in subsection (1) is available, the Department shall rely on the Certified Areawide Water Quality Management Plan for the determination of conformance.

b. If no Certified Areawide Water Quality Management Plan as described in subsection (1) is available, the Department shall make the determination of conformance based on conformance with applicable General Plans and after conferring with the designated water quality planning agency for the area and any responsible and affected governmental unit.

History

• New Section adopted by final rulemaking at 7 A.A.R. 559, effective January 2, 2001 (Supp. 01-1).

Article 4 SUBDIVISIONS

Ariz. Admin. Code § R18-5-401 Definitions

In this Article unless the context otherwise requires:

1. "Approved" or "approval" means approved in writing by the Department.

"Condominium" means a subdivision established as a horizontal property regime pursuant to A.R.S. § 33-1201 et seq .

3. "Department" means the Department of Environmental Quality or its designated representative.

4. "Garbage" means putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.

5. "Refuse" means all putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.

"Subdivision" has the meaning defined in A.R.S. § 32-2101.

History

• Correction in subsection (E) citation to A.R.S. should have read § 32-2101. Amended effective June 21, 1978 (Supp. 78-3). Former Section R9-8-1011 renumbered without change as Section R18-5-401 (Supp. 89-2). Amended by final expedited rulemaking at 29 A.A.R. 2337, effective 9/22/2023.

Ariz. Admin. Code § R18-5-402 Approval of Plans Required

A. No subdivision or portion thereof shall be sold, offered for sale, leased or rented by any corporation, company or person, or offered to the public in any manner, and no permanent building shall be erected thereon until plans and specifications for the water supply, sewage disposal and method of garbage disposal to be provided in or to serve such subdivision shall have been submitted to and approved by the Department.

B. The plans of any proposed water supply and sewage disposal system shall be submitted in quadruplicate on a plat of the subdivision as recorded, or as will be recorded, in the office of the county recorder.

History

• Former Section R9-8-1012 renumbered without change as Section R18-5-402 (Supp. 89-2).

Ariz. Admin. Code § R18-5-403 Application for Approval

A. An application for approval, prepared in duplicate on forms furnished by the Department, shall be filed at the time the plans are submitted for approval. The form shall be completely filled out unless indicated otherwise.

B. The distance to the nearest public water supply main and to a sewer main of a municipal or community system shall be given.

History

• Former Section R9-8-1013 renumbered without change as Section R18-5-403 (Supp. 89-2).

Ariz. Admin. Code § R18-5-404 Size of Lots

The minimum size lot approved by the Department will be governed largely by the area necessary for the safe accommodation of individual wells and/or sewage disposal systems. Where both the water supply and sewage disposal system must be developed on the same lot, the minimum size shall be at least one acre, excluding streets, alleys and other rights-of-way. Where water from a central system is provided for residential uses, the lot shall be sufficient to accommodate the sewage disposal system and provide for at least 100 percent expansion of the system based on a four-bedroom house within the bounds of the property allowing a minimum of five feet distance to the property lines. Where lots are zoned for commercial uses, the lot shall be sufficient to accommodate the sewage disposal system and provide for at least 100 percent expansion of the system within the bounds of the property allowing a minimum of five feet distance to the property lines.

History

• Former Section R9-8-1014 renumbered without change as Section R18-5-404 (Supp. 89-2).

Ariz. Admin. Code § R18-5-405 Responsibility of Subdivider

Where plans for a subdivision include a public water supply system, or public sewerage system, it shall be the responsibility of the subdivider to provide the facilities to each lot in the subdivision prior to human occupancy. The installation of such facilities shall be in accordance with plans, or any revisions thereof, approved by the Department.

History

• Former Section R9-8-1015 renumbered without change as Section R18-5-405 (Supp. 89-2).

Ariz. Admin. Code § R18-5-406 Public Water Systems

A. Where water from an approved public water system is proposed for use in a subdivision, the inside diameter, length, and location of all proposed and existing water mains and valves necessary to serve each and every lot shall be shown on the subdivision plat. If the existing main to which a connection will be made is not immediately adjacent to the property, the direction and distance shall be indicated on the plat by an arrow or other suitable means.

B. A letter shall be obtained and submitted with the application for approval of the subdivision from responsible officials of the water system indicating that an agreement has been reached to supply water to each individual lot in the subdivision.

C. Where the owner of a subdivision, or other interested person, firm, company or corporation, proposes to develop a source or sources of supply and to construct a distribution system to furnish water to the subdivision, either free or for charge, complete details of the proposed water system including plans and specifications shall be furnished. Department approval of the supply and proposed system shall first be obtained before an approval for the sale of lots will be granted. The installation of such facilities shall be in accordance with the plans, and any revisions thereof, approved by the Department.

D. Proposed water supply and distribution systems shall comply with A.A.C. Title 18, Chapter 4, Articles 1 and 2, except those distribution lines which are a common element of a condominium shall be exempt."

E. Where water from an approved public water system is proposed for use in a subdivision, the Department shall issue a Certificate of Approval for Sanitary Facilities for a Subdivision only if the applicant has complied with subsections (A) and (B) of this Section and the public water system is either:

1. In compliance with the provisions of A.A.C. Title 18, Chapter 4, Article 2; or

2. Making satisfactory progress toward compliance with the provisions of A.A.C. Title 18, Chapter 4, Article 2 under a schedule approved by the Department.

F. The Department shall revoke the Certificate of Approval for Sanitary Facilities for a Subdivision and notify the Department of Real Estate of such action if the public water system in use by the subdivision is creating an environmental nuisance pursuant to A.R.S. § 49-141 and is neither:

1. Is compliance with the provisions of A.A.C. Title 18, Chapter 4, Article 2; nor

2. Making satisfactory progress toward compliance with the provisions of A.A.C. Title 18, Chapter 4, Article 2 under a schedule approved by the Department.

History

• Amended effective June 21, 1978 (Supp. 78-3). Former Section R9-8-1021 renumbered without change as Section R18-5-406 (Supp. 89-2). Amended effective July 25, 1990 (Supp. 90-3). Amended by final expedited rulemaking at 29 A.A.R. 2337, effective 9/22/2023.

Ariz. Admin. Code § R18-5-407 Public Sewerage Systems

A. Where a public sewerage system is already in existence, or if sewers are proposed and have been approved by the Department, it shall be necessary to show lines indicating the approximate location and size of the sewers on the subdivision plat.

B. Where the proposed sewers will connect to an existing public sewerage system, a letter from officials of the system shall be required stating that acceptable plans have been submitted and that the subdivider has been granted permission to connect to and become a part of the public sewerage system.

C. Proposed sewage disposal facilities shall comply with A.A.C. Title 18, Chapter 9, except those drain lines which are a common element of a condominium shall be exempt from R18-5-502(C).

D. Where a public sewerage system is already in existence, or if sewers are proposed and have been approved by the Department, the Department shall issue a Certificate of Approval for Sanitary Facilities for a Subdivision only if the applicant has complied with subsections (A) and (B) of this Section and the public sewerage system is either:

1. In compliance with the provisions of A.A.C. Title 18, Chapter 9; or

2. Making satisfactory progress toward compliance with the provisions of A.A.C. Title 18, Chapter 9 under a schedule approved by the Department.

E. The Department shall revoke the Certificate of Approval for Sanitary Facilities for a Subdivision and notify the Department of Real Estate of such action if the public sewerage system in use by the subdivision is creating an environmental nuisance pursuant to A.R.S. § 49-141 and is neither:

1. In compliance with the provisions of A.A.C. Title 18, Chapter 9; nor

Making satisfactory progress toward compliance with the provisions of A.A.C. Title 18, Chapter 9 under a schedule approved by the Department.

History

• Amended effective June 21, 1978 (Supp. 78-3). Former Section R9-8-1026 renumbered without change as Section R18-5-407 (Supp. 89-2). Amended effective July 25, 1990 (Supp. 90-3). Amended by final expedited rulemaking at 29 A.A.R. 2337, effective 9/22/2023.

Ariz. Admin. Code § R18-5-408 On-Site Wastewater Treatment Facilities

A. "On-site wastewater treatment facility" has the meaning defined in A.R.S. § 49-201(29) On-site wastewater treatment facilities shall be governed by A.A.C. Title 18, Chapter 9, Articles 1 and 3.

B. Where soil conditions and terrain features or other conditions are such that on-site wastewater treatment facilities cannot be expected to function satisfactorily or where groundwater or soil conditions are such that on-site wastewater treatment facilities may cause pollution of groundwater, they are prohibited.

C. Where such installations may create an unsanitary condition or public health nuisance, on-site wastewater treatment facilities are prohibited.

D. The use of cesspools is prohibited.

E. Where an on-site wastewater treatment facility is proposed, the following conditions shall be satisfied:

1. A geological report shall be made by an engineer, geologist or other person who meets the qualifications in R18-9-A310(H). The geological report shall include the total nitrogen discharge requirements of R18-9-A309(8)(c). The geological report shall include results from percolation tests and boring logs obtained at locations designated by the county health departments. There shall be a minimum of one percolation test and boring log per acre, or one percolation test and boring log per lot where lots are larger than one acre, except when it can be shown by submission of other reliable data that soil conditions are such that on-site wastewater treatment facilities could reasonably be expected to function properly on each lot in the proposed subdivision. The Department may require additional tests when it deems necessary. Percolation tests shall be performed in accordance with all of the requirements in R18-9-A310(F), except for the requirements in R18-9-A310(F)(1)(a). The approval of a subdivision, based upon such reports, shall not extend to the plat if it is further subdivided or lot lines are substantially relocated.

2. Results of all tests shall be submitted to the Department and the local health department for review and approval of the subdivision for the use of on-site wastewater treatment facilities.

Such approval must be obtained in writing from the local health department and a copy of the approval shall be submitted to the Department with the subdivision application for approval.

History

• Former Section R9-8-1027 renumbered without change as Section R18-5-408 (Supp. 89-2). Amended by final expedited rulemaking at 31 A.A.R. 985, effective 3/7/2025.

Ariz. Admin. Code § R18-5-409 Refuse Disposal

A. The storage, collection, transportation and disposal of refuse and other objectionable wastes shall be governed by A.A.C. Title 18, Chapter 13, Article 3.

B. Where an approved community or private refuse collection service is available, arrangements shall be made to have this service furnished to the subdivision. A letter, from the community or private collection company, stating that the collection service will be made available to the subdivision, is required.

C. Where refuse collection service is not available, it will be the responsibility of the subdivider to notify each purchaser or tenant that the hauling of all refuse is an individual responsibility and that all refuse must be properly stored pending removal and disposed of at disposal areas specified in the plan approved by the Department.

D. Where a collection service or an existing approved disposal area is not available to the subdivision, a plan approval will not be granted unless a separate disposal area is provided by the subdivider or arrangements are made to utilize a new, conveniently located disposal area. Such arrangements shall include, but not be limited to, the written permission of the person responsible for the operation of the new site.

History

• Former Section R9-8-1031 renumbered without change as Section R18-5-409 (Supp. 89-2). Amended by final expedited rulemaking at 29 A.A.R. 2337, effective 9/22/2023.

Ariz. Admin. Code § R18-5-410 Condominiums

A. New water distribution lines and new wastewater drain lines which are to be used as a common element of a condominium and are not under the ownership and control of a public utility shall be constructed in accordance with applicable provisions of the International Plumbing Code adopted by reference in A.A.C. R9-10-104.01, including the minimum standards for construction contained therein.

B. Plans to be submitted shall include inside diameter, length and location of all proposed and existing common usage water distribution lines and inside diameter, length, slope and location of all proposed and existing common usage wastewater drain lines necessary to serve each and every unit. Plans and specifications should be submitted with sufficient detail to indicate compliance with subsection (A) above.

C. Appropriate sections of the covenants shall be submitted that indicate adequate provisions have been made for the maintenance of water distribution lines and wastewater drain lines in common usage.

D. Approval of existing housing to be converted to condominiums is conditioned upon the water distribution system and wastewater drainage system being:

1. Approved in writing at the time of original construction by the local building inspection authority, or

2. Currently operating under a permit issued by a local building inspection authority, or

3. Certified to be adequate by an Arizona registered professional engineer who has affixed his signature and seal to as-built plans submitted for approval.

History

• Adopted effective June 21, 1978 (Supp. 78-3). Former Section R9-8-1032 renumbered without change as Section R18-5-410 (Supp. 89-2). Amended by final expedited rulemaking at 29 A.A.R. 2337, effective 9/22/2023.

Ariz. Admin. Code § R18-5-411 Violations

Any person, firm, company or corporation who offers for sale, lease or rent any tract of land contrary to these regulations shall be prosecuted in accordance with A.R.S. § 49-142 or as otherwise may be provided by law.

History

• Adopted effective June 21, 1978 (Supp. 78-3). Former Section R9-8-1036 renumbered without change as Section R18-5-411 (Supp. 89-2). Amended effective April 2, 1990 (Supp. 90-2).

Article 5 MINIMUM DESIGN CRITERIA

Ariz. Admin. Code § R18-5-501 Siting Requirements

To the extent practicable, a new public water system or an extension to an existing public water system shall be geographically located to avoid a site which is:

1. Subject to a significant risk from earthquakes, floods, fires, or other disasters which could cause a breakdown of the public water system or portion thereof; or

2. Within the flood plain of a 100-year flood, except for intake structures and properly protected wells.

History

• Section recodified from R18-4-501 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-502 Minimum Design Criteria

A. A public water system shall be designed using good engineering practices. A public water system which is designed in a manner consistent with the criteria contained in Engineering Bulletin No. 10, "Guidelines for the Construction of Water Systems," issued by the Arizona Department of Health Services, May 1978 (and no future editions), which is incorporated herein by reference and on file with the Office of the Secretary of State, shall be considered to have been designed using good engineering practices. Other system designs shall be approved if the applicant can demonstrate that the system will function properly and may be operated reliably in compliance with this Chapter. Minimum design criteria which are not subject to modification are listed in this Section.

B. A potable water distribution system shall be designed to maintain and shall maintain a pressure of at least 20 pounds per square inch at ground level at all points in the distribution system under all conditions of flow.

C. Water and sewer mains shall be separated in order to protect public water systems from possible contamination. All distances are measured perpendicularly from the outside of the sewer main to the outside of the water main. Separation requirements are as follows:

1. A water main shall not be placed:

a. Within 6 feet, horizontal distance, and below 2 feet, vertical distance, above the top of a sewer main unless extra protection is provided. Extra protection shall consist of constructing the sewer main with mechanical joint ductile iron pipe or with slip-joint ductile iron pipe if joint restraint is provided. Alternate extra protection shall consist of encasing both the water and sewer mains in at least 6 inches of concrete for at least 10 feet beyond the area covered by this subsection (C)(1)(a).

b. Within 2 feet horizontally and 2 feet below the sewer main.

2. No water pipe shall pass through or come into contact with any part of a sewer manhole. The minimum horizontal separation between water mains and manholes shall be 6 feet, measured from the center of the manhole.

3. The minimum separation between force mains or pressure sewers and water mains shall be 2 feet vertically and 6 feet horizontally under all conditions. Where a sewer force main crosses above or less than 6 feet below a water line, the sewer main shall be encased in at least 6 inches of concrete or constructed using mechanical joint ductile iron pipe for 10 feet on either side of the water main.

4. The separation requirements do not apply to building, plumbing, or individual house service connections.

5. Sewer mains (gravity, pressure, and force) shall be kept a minimum of 50 feet from wells unless the following conditions are met:

a. Water main pipe, pressure tested in place to 50 psi without excessive leakage, is used for gravity sewers at distances greater than 20 feet from water wells; or

b. Water main pipe, pressure tested in place to 150 psi without excessive leakage, is used for pressure sewers and force mains at distances greater than 20 feet from water wells. "Excessive leakage" means any amount of leakage which is greater than that permitted under the AWWA Standard applicable to the particular pipe material or valve type.

6. Requests for authorization to use alternate construction techniques, materials, and joints shall be reviewed by the Department, and such requests may be approved on a case-by-case basis.

D. A public water system shall not construct or add to its system a well which is located:

1. Within 50 feet from existing sewers unless the sewer main has been constructed in accordance with subsection (C)(5)(a) or (b) of this Section;

2. Within 100 feet of any existing septic tank or subsurface disposal system;

3. Within 100 feet of a discharge or activity which is required to obtain an Individual Aquifer Protection Permit, pursuant to A.R.S. §§ 49-241(A) through 49-251;

4. Within 100 feet of an underground storage tank as defined in A.R.S. § 49-1001; or

5. Within 100 feet of hazardous waste facilities operated by large quantity generators and treatment, storage, and disposal facilities regulated under the Arizona Hazardous Waste Management Act, A.R.S. § 49-921 et seq.

History

• Section recodified from R18-4-502 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-503 Storage Requirements

A. The minimum storage capacity for a CWS or a noncommunity water system that serves a residential population or a school shall be equal to the average daily demand during the peak month of the year. Storage capacity may be based on existing consumption and phased as the water system expands.

B. The minimum storage capacity for a multiple-well system for a CWS or a noncommunity water system that serves a residential population or a school may be reduced by the amount of the total daily production capacity minus the production from the largest producing well.

History

• Section recodified from R18-4-503 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-504 Prohibition on the Use of Lead Pipe, Solder, and Flux

Construction materials used in a public water system, including residential and non-residential facilities connected to the public water system, shall be lead-free as defined at R18-4-101 . This Section shall not apply to leaded joints necessary for the repair of cast iron pipes.

History

• Section recodified from R18-4-504 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-505 Approval to Construct

A. The Department shall only approve an addition or a water main extension to a public water system that is in compliance with this Chapter or is making satisfactory progress towards compliance under a schedule approved by the Department. The Department shall approve a properly designed modification that can be expected to return a public water system to compliance.

B. A person shall not start to construct a new public water system, modify an existing facility, including an extension to an existing public water system, or make an alteration that will affect the treatment, capacity, water quality, flow, distribution, or operational performance of a public water system before receiving an Approval to Construct from the Department. Designing or consulting engineers may confer with the Department before proceeding with detailed designs of complex or innovative facilities. The following provisions shall apply:

1. An application for Approval to Construct, including the following documents and data, shall be submitted to the Department:

a. Detailed construction plans of the site and work to be done, presented in legible form and of sufficient scale, to establish construction requirements to facilitate effective review;

b. Complete specifications to supplement the plans;

c. A design report that describes the proposed construction and basis of design, provides design data and other pertinent information that defines the work to be done, and establishes the adequacy of the design to meet the system demand;

d. Analyses of a proposed new source of water that include:

i. Microbiological; physical; radiochemical; inorganic, organic, and volatile organic chemicals; and

ii. Microscopic particulates if the source meets the criteria of R18-4-301.01(A); and

e. Other pertinent data required to evaluate the application for Approval to Construct.

2. All plans, specifications, and design reports submitted for a public water system shall be prepared by, or under the supervision of, a professional engineer registered in Arizona and have the seal and signature of the engineer affixed to them, except that an engineer not registered in Arizona may design a water treatment plant or additions, modifications, revisions, or extensions, which include extensions to potable water distribution systems, if the total cost of the construction does not exceed $12,500 for material, equipment, and labor, as verified by a cost estimate submitted with plan documents.

3. An existing public water system shall be exempt from the plan review requirements of this Article if the public water system is in compliance with this Chapter or is making satisfactory progress towards compliance under a schedule approved by the Department if the applicable structural revision, addition, extension, or modification:

a. Has a project cost of $12,500 or less; or

b. Is made to a water line that:

i. Is not for a subdivision requiring plat approval by a city, town, or county;

ii. Has a project cost of more than $12,500 but less than $50,000; and

iii. Has a design that is sealed and signed by a professional engineer registered in Arizona and the construction of which is reviewed for conformance with the design by a professional engineer registered in Arizona.

4. Upon completion of a project exempt from the plan review requirements of this Article pursuant to subsection (B)(3), the public water system shall submit a notice of compliance which contains:

a. A fair market value cost estimate for the project,

b. The name of the design engineer and the review engineer, and

c. The project completion date and the total construction time.

C. The Department shall act upon a complete Approval to Construct application submitted for approval within 30 days after its receipt.

D. The Department shall issue an Approval to Construct only when the following conditions have been met:

1. Plans and specifications submitted to the Department demonstrate that the proposed public water system reasonably can be expected to comply with this Chapter, including the MCLs in Article 2; and

2. The water system is in compliance with this Chapter or reasonably can be expected to return to compliance with this Chapter as a result of the proposed construction.

E. An Approval to Construct becomes void if an extension of time is not granted by the Department within 90 days after the passage of one of the following:

1. Construction does not begin within one year after the date the Approval to Construct is issued, or

2. There is a halt in construction of more than one year, or

3. Construction is not completed within three years after the date construction begins.

History

• Section recodified from R18-4-505 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-506 Compliance with Approved Plans

All construction shall conform to approved plans and specifications. In order to make a change in an approved design that will affect water quality, capacity, flow, sanitary features, or performance, a public water system shall submit revised plans and specifications to the Department for review, together with a written statement regarding the reasons for the change. The public water system shall not proceed with the construction affected by the design change without written approval from the Department. Revisions not affecting water quality, capacity, flow, sanitary features, or performance may be permitted during construction without further approval if record drawings documenting these changes, prepared by a professional engineer registered in Arizona, are submitted to the Department under R18-5-508.

History

• Section recodified from R18-4-506 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-507 Approval of Construction

A. A person shall not operate a newly constructed facility until an Approval of Construction is issued by the Department.

B. The Department shall not issue an Approval of Construction on a newly constructed public water system, an extension to an existing public water system, or any alteration of an existing public water system that affects its treatment, capacity, water quality, flow, distribution, or operational performance unless the following requirements have been met:

1. A professional engineer registered in Arizona or a person under the direct supervision of a professional engineer registered in Arizona, has completed a final inspection and submitted a Certificate of Completion on a form approved by the Department to which the seal and signature of the professional engineer registered in Arizona have been affixed;

2. The construction conforms to approved plans and specifications, as indicated in the Certificate of Completion, and all changes have been documented by the submission of record drawings under R18-5-508;

3. An operations and maintenance manual has been submitted and approved by the Department if construction includes a new water treatment facility; and

4. An operator, who is certified by the Department at a grade appropriate for each facility, is employed to operate each water treatment plant and the potable water distribution system.

C. The Department may conduct the final inspection required in subsection (B)(1), at a public water system's request, if both of the following notification requirements are met:

1. The public water system notifies the Department at least seven days before beginning construction on a public water system installation, change, or addition that is authorized by an Approval to Construct; and

2. The public water system notifies the Department of completion of construction at least 10 working days before the expected completion date.

History

• Section recodified from R18-4-507 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-508 Record Drawings

A. A professional engineer registered in Arizona shall clearly and accurately record or mark, on a complete set of working project drawings, each deviation from the original plan and the dimensions of the deviation. The set of marked drawings becomes the record drawings, reflecting the project as actually built.

B. The professional engineer registered in Arizona shall sign, date, and place the engineer's seal on each sheet of the record drawings and submit them to the Department upon completion of the project. The record drawings shall be accompanied by an Engineer's Certificate of Completion, signed by the professional engineer registered in Arizona, and submitted on a form approved by the Department for any project inspected under R18-5-507(B).

C. Quality control testing results and calculations, including pressure and microbiological testing, and disinfectant residual records, shall be submitted with the Engineer's Certificate of Completion together with field notes and the name of the individual witnessing the tests.

History

• Section recodified from R18-4-508 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-509 Modification to Existing Treatment Process

Before a public water system may make a modification to its existing treatment process, the public water system shall submit and obtain the Department's approval for a detailed plan that explains the proposed modifications and the safeguards that the public water system will implement to ensure that the quality of the water served by the system will not be adversely affected by the modification. The public water system shall comply with the provisions in the approved plans.

History

• Section recodified from R18-4-509 at 10 A.A.R. 585, effective January 30, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-5-510 Applicability of Advanced Water Purification Program

A. Advanced water purification permitting processes in Chapter 9, Article 8 supersede permitting process requirements in this Article. Advanced water purification facilities are neither subject to A.A.C. R18-5-505 (approval to construct) nor A.A.C. R18-5-507 (approval of construction) requirements in this Article.

B. Where advanced water purification design requirements in Chapter 9, Article 8 conflict with requirements in this Article, advanced water purification design requirements supersede design requirements in this Article.

History

• New Section made by final rulemaking at 31 A.A.R. 962, effective 3/4/2025.

Chapter 6 DEPARTMENT OF ENVIRONMENTAL QUALITY - PESTICIDES AND WATER POLLUTION CONTROL

Article 1 NUMERIC VALUES AND INFORMATION SUBMITTAL

Ariz. Admin. Code § R18-6-101 Definitions

In addition to the definitions established in A.R.S. § 49-301, the following terms apply to this Chapter:

1. "Agricultural use pesticide" means any pesticide intended for use directly on a crop. An agricultural use pesticide does not include animal pesticide eartags or pesticides intended solely for use within and around a confined structure.

2. "Crop" means any plant, animal, plant product, or animal product produced for commercial or research purposes.

3. "Data generator" means any person providing information to support the registration in this state of an agricultural use pesticide in accordance with A.R.S. § 49-302(A).

4. "EPA" means the United States Environmental Protection Agency.

5. "Formulator" means any person who purchases an EPA- registered pesticide to reformulate or repackage and register the pesticide for sale in this state.

6. "Label" means the written, printed, or graphic matter on, or attached to, the pesticide container, and the outside container or wrapper of the retail package, if any, of the pesticide.

7. "Pest" means any weed, insect, vertebrate pest, nematode, fungus, virus, bacteria, or other pathogenic organism, or any other form of terrestrial or aquatic plant or animal life, except virus, bacteria, or other microorganism on or in living humans or other living animals, that is declared a pest by the Director of the Arizona Department of Agriculture.

8. "Soil-applied" means an agricultural use pesticide intended for application to or injection into the soil by ground-based application equipment or chemigation, or the label of the pesticide requires or recommends that the application is followed within 72 hours by flood or furrow irrigation.

History

• Adopted effective May 10, 1988 (Supp. 88-2). Amended effective September 23, 1992 (Supp. 92-3). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-6-102 Agricultural Use Pesticide Submittal Requirements

A. Pre-registration data requirements for new agricultural use pesticides.

1. Before registering a new agricultural use pesticide under A.R.S. § 3-351, an applicant shall submit information that enables the Department to determine whether the new agricultural use pesticide has the potential to pollute groundwater in the state. This information shall include:

a. A transmittal letter;

b. The following information on a Data Summary form obtained from the Department:

i. The company name and address;

ii. The name and contact information of the person making the submittal;

iii. The date of filing;

iv. The product information, including the brand name, EPA registration number, formulation category, and intended use; and

v. The active ingredient technical name, Chemical Abstract Service (CAS) number, common name, molecular weight, and bulk density; and

c. The following information for each active ingredient:

i. Water solubility;

ii. Vapor pressure;

iii. Octanol-water partition coefficient;

iv. Soil adsorption coefficient;

v. Henry's law constant;

vi. Dissipation studies, including hydrolysis, photolysis, aerobic and anaerobic soil metabolism, and field dissipation, performed under conditions in Arizona, or similar environmental and use conditions, if that information exists in studies and conclusions from other states or the United States government. The studies shall, at a minimum, meet EPA testing methods and reporting guidelines.

2. The applicant may submit the following alternate information:

a. Upon Director approval, alternate information to satisfy one or more of the data requirements in subsection (A)(1)(c). The alternate information shall accurately describe the relevant data required for each new agricultural use pesticide active ingredient under conditions in Arizona or under similar environmental and use conditions;

b. California registration.

i. Evidence that the California Department of Food and Agriculture registered the agricultural use pesticide following the data requirements under California Food and Agricultural Code Section 13143; and

ii. Documentation showing that required studies were performed under environmental and use conditions that are similar to those conditions in Arizona.

3. Waiver. The Director may waive some or all of the information required in subsection (A)(1)(c) if the applicant demonstrates that:

a. Due to the nature of the active ingredient, it is not scientifically possible to obtain meaningful results for the specified tests; or

b. Due to the application or cultural practices for the active ingredient, it is not necessary to obtain some or all of the information.

B. Pre-registration data submittal completeness.

1. The Department shall notify the Arizona Department of Agriculture when the applicant submits all the information on the active ingredient required under subsection (A) and the Director has concluded that the information is sufficient to determine whether the active ingredient has the potential to pollute groundwater of the state.

2. If the Director cannot determine that the data submittal requirements for agricultural use registration in Arizona have been met, the person may apply for a conditional registration under A.R.S. § 49-310.

C. Information submittal for the product chemistry and environmental fate assessment evaluation. After satisfying the data submittal required in subsection (A) and registering the pesticide with the Arizona Department of Agriculture:

1. A registrant may prepare an assessment of the product chemistry and environmental fate parameters for the Department to evaluate the potential for a new agricultural use pesticide to pollute groundwater. The assessment shall include:

a. Patterns for using the agricultural use pesticide in Arizona;

b. Cultural practices for those areas within Arizona where the agricultural use pesticide is intended for use;

c. Geological and meteorological conditions of the regions within Arizona where the agricultural use pesticide is intended for use; and

d. Any other information the Director determines is necessary to support the assessment.

2. A registrant may submit any of the following information if it is directly relevant to the agricultural use pesticide active ingredient evaluation:

a. Relevant scientific data and summaries, including those submitted to or required by federal and state agencies that further support the studies required in R18-6-102(A)(1)(c);

b. Relevant evaluations and conclusions by federal and state agencies, including evaluations of the studies required in R18-6-102(A)(1)(c);

c. Documentation that addresses whether the studies required in R18-6-102(A)(1)(c) were performed under environmental and use conditions that are similar to those in Arizona.

D. If new information is available about the active ingredient of an agricultural use pesticide currently registered by the Arizona Department of Agriculture, the Director may require the registrant to submit the new information to the Director to assess whether the information is relevant to the Director's determination under subsection (B)(1).

History

• Adopted effective May 10, 1988 (Supp. 88-2). Amended effective September 23, 1992 (Supp. 92-3). Section repealed; new Section made by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-6-103 Agricultural Use Active Ingredient Evaluation

For each new or existing agricultural use pesticide registered in Arizona, the Director shall determine whether each active ingredient has the potential to pollute groundwater in the state. The Director shall either:

1. Base the evaluation on the information submitted in accordance with R18-6-102(A) to determine whether the active ingredient fails any of the following mobility factors and one or more of the following persistence factors; or

SPECIFIC NUMERIC VALUES

MOBILITY FACTORS PERSISTENCE FACTORS

Water solubility No greater than 30 ppm

Soil adsorption

coefficient Kd no less than 5

Hydrolysis Half-life no greater than 25 weeks

Aerobic soil

metabolism Half-life no greater than 3 weeks

Anaerobic soil

metabolism Half-life no greater than 3 weeks

Field dissipation Half-life no greater than 3 weeks

2. Base the evaluation on the product chemistry and environmental fate assessment submitted in accordance with R18-6-102(C).

History

• Adopted effective May 10, 1988 (Supp. 88-2). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-6-104 Monitoring and Testing

A. The Director shall conduct soil and groundwater monitoring for active ingredients contained in agricultural use pesticides placed upon the Groundwater Protection List as required under A.R.S. § 49-307(A). The Department may conduct soil and groundwater monitoring for other specified ingredients or degradation products based on active ingredient test results or other information about the pesticide.

B. The Director shall use the results of soil and groundwater monitoring and testing after considering the factors in A.R.S. §§ 49-307(C) to make the determination in 49-308(A) and 49-309(A), (B), or (D).

C. If the Director determines that an agricultural use pesticide meets the criteria or conditions specified in A.R.S. § 49-308(A), the Director shall notify the registrant in writing.

History

• Adopted effective May 10, 1988 (Supp. 88-2). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-6-105 [REPEALED]

History

• Adopted effective May 10, 1988 (Supp. 88-2). Section repealed by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-6-106 Informational Requirements for a Pesticide Formulator

A. A pesticide formulator may rely upon the data generated by another person to meet the requirements in R18-6-102.

B. The pesticide formulator shall submit to the Department the name of every third-party person who is a source of each agricultural use pesticide active ingredient, including evidence of the formulator's business relationship with each third party by way of:

1. A signed contract, or

2. Any other documentation of a business arrangement, endorsed by each party.

B. The Department shall request that each person identified under subsection (A) verify within 30 days, in writing, whether the person provides the pesticide formulator with the active ingredient in question.

C. If a person advises the Department that the person is not a source for the active ingredient used by the pesticide formulator or if the person does not respond under subsection (B), the Department shall notify the pesticide formulator of that fact and shall require the pesticide formulator to provide either of the following documents attesting to a business relationship involving the active ingredient in question:

1. A signed contract, or

2. Any other documentation of a business arrangement, endorsed by each party.

DC. If the pesticide formulator does not produce acceptable documentation of a business relationship under subsection (B) or if a person identified by the pesticide formulator is not a data generator for the active ingredient in question, the Director shall find that a ground-water protection data gap exists for the agricultural use pesticide, and the formulator is subject to the provisions in A.R.S. § 49-304.

ED. Any pesticide formulator who relies on data submitted by a person identified as a source under subsection (B) shall notify the Department of any change in the source within 60 days of a similar notification to the EPA.

History

• Adopted effective September 23, 1992 (Supp. 92-3). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3). Amended by final expedited rulemaking at 29 A.A.R. 2341, effective 9/22/2023.

Article 2 PESTICIDE CONTAMINATION PREVENTION

Ariz. Admin. Code § R18-6-201 [REPEALED]

History

• Adopted effective August 27, 1987 (Supp. 87-3). Repealed effective September 23, 1992 (Supp. 92-3).

Article 3 GROUNDWATER PROTECTION LIST

Ariz. Admin. Code § R18-6-301 Groundwater Protection List

A. Groundwater Protection List. The Director shall, using an evaluation process specified in R18-6-103 and the addition and deletion criteria specified in subsections (B) and (C), annually develop and maintain a list of agricultural use pesticides that have the potential to pollute groundwater.

1. The Department shall publish the proposed Groundwater Protection List in the Arizona Administrative Register and accept written comments from the public.

2. The written public comment period begins on the publication date of the list and extends for 30 calendar days.

3. The Department shall publish the final Groundwater Protection List each year in the Arizona Administrative Register on or before July 1. The list is effective on December 1 of the publication year.

B. Adding an agricultural use pesticide. The Director shall add an agricultural use pesticide to the Groundwater Protection List for any of the following reasons:

1. An agricultural use pesticide active ingredient is identified under R18-6-103 as having the potential to pollute groundwater;

2. An agricultural use pesticide active ingredient is detected in Arizona consistent with the testing requirements of R18-6-104 and is found:

a. At or below the deepest of the following depths:

i. Eight feet below the soil surface, or

ii. Below the root zone of the crop where the active ingredient was found;

b. In the groundwater of this state;

3. An agricultural use pesticide degradation product or other specified ingredient that poses a threat to public health has been found under the conditions described in subsection (B)(2).

C. Deleting an agricultural use pesticide. The Director shall delete an agricultural use pesticide from the Groundwater Protection List under any of the following circumstances:

1. The results of monitoring and testing conducted by the Department, a government agency, or other reliable source establish that the active ingredient has not been detected in Arizona under the conditions described in subsection (B)(2).

2. The Director no longer considers the agricultural use pesticide to have the potential to pollute groundwater in Arizona based on:

a. A change in a specific numeric value established in R18-6-103(1) ,

b. A revision in the specific numeric values established by new research studies or new procedures, or

c. The results of the evaluation under R18-6-103(2).

3. Agricultural use pesticide registration cancellation. The Arizona Department of Agriculture no longer registers the agricultural use pesticide under A.R.S. § 3-351(I).

D. Pesticide review. Any person may request that the Director add or delete an agricultural use pesticide from the Groundwater Protection List by submitting an explanation of the request to the Department with studies and conclusions of support.

1. The Director shall notify the registrant in writing after receiving a request to add or delete an agricultural use pesticide from the Groundwater Protection List and again upon making the determination.

2. The Director shall consider whether the supporting documentation:

a. Is based upon procedures consistent with those described in R18-6-104 and A.R.S. Title 49, Chapter 2, Article 6; and

b. Justifies the addition or deletion of the agricultural use pesticide from the Groundwater Protection List.

3. Director determination.

a. If the Director determines that the agricultural use pesticide has the potential to pollute groundwater, the Director shall add the pesticide to, or retain the pesticide on, the Groundwater Protection List.

b. If the Director determines that the agricultural use pesticide does not have the potential to pollute groundwater, the Director shall, if the pesticide is on the Groundwater Protection List, delete it from the list.

E. Reevaluation of an agricultural use pesticide. A registrant may request that the Director reevaluate whether an agricultural use pesticide placed on the Groundwater Protection List before [effective date of this Section] that has the potential to pollute groundwater in Arizona. The registrant shall submit the written request before December 1, 2005 and include the assessment and supporting documentation specified in R18-6-102(C) .

1. The Director shall not accept a request to reevaluate an agricultural use pesticide if:

a. An active ingredient has been detected in Arizona using the testing criteria in R18-6-104 and is found under conditions described in subsection (B)(2); or

b. An agricultural use pesticide degradation product or other specified ingredient relating to the agricultural use pesticide has been detected in Arizona consistent with the criteria in R18-6-104 and the agricultural use pesticide degradation product or other specified ingredient poses a threat to public health and has been found under the conditions described in subsection (B)(2);

2. Director determination.

a. If the Director determines that the agricultural use pesticide has the potential to pollute groundwater, the pesticide shall remain on the Groundwater Protection List.

b. If the Director determines that the agricultural use pesticide does not have the potential to pollute groundwater, the Director shall delete the pesticide from the Groundwater Protection List.

History

• Adopted effective September 23, 1992 (Supp. 92-3). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3). Amended by final expedited rulemaking at 29 A.A.R. 2341, effective 9/22/2023.

Ariz. Admin. Code § R18-6-302 Findings and Determinations

A. If the Director discovers or becomes aware of the illegal sale or use of any agricultural use pesticide on the Groundwater Protection List, the Director shall report the sale or use to the appropriate regulatory agency and to the Office of the Attorney General.

B. If the Director finds that an active ingredient, degradation product, or other specified ingredient of an agricultural use pesticide has been detected under the conditions specified in R18-6-104, the Director shall refer these findings to the state or federal agency responsible for further investigation and enforcement.

C. If the Director discovers a site that demonstrates pesticide contamination, the Director shall determine whether remedial action is required under A.R.S. Title 49, Chapter 2, Article 5.

History

• Adopted effective May 10, 1988 (Supp. 88-2). Amended effective September 23, 1992 (Supp. 92-3). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-6-303 Requirements for an Agricultural Use Pesticide on the Groundwater Protection List

A. Any person who causes another person to soil-apply an agricultural use pesticide on the Groundwater Protection List shall implement Best Management Practices to reduce or prevent the pollution of groundwater. In implementing the Best Management Practices, the person shall consider the following factors:

1. Application site characteristics, including soil texture, slope, organic matter, and depth to groundwater to determine site susceptibility. The person shall consider:

a. Selecting a pesticide based on the intended application site characteristics;

b. Minimizing or avoiding the use of any pesticide with high leaching or high runoff potential;

c. Incorporating erosion control practices to minimize runoff; and

d. Using an alternative pest control method, if practical.

2. Protection of water resources from potential contamination during mixing, loading, or application. The person shall consider:

a. Applying the correct amount of pesticide according to the label and employ methods that avoid overspray or drift;

b. Weather patterns, soil moisture, and crop needs before pesticide application; and

c. Maintaining buffer zones, where applicable.

B. The Director shall annually obtain the following information from the Arizona Department of Agriculture for each agricultural use pesticide on the Groundwater Protection List that is soil-applied:

1. The pest condition that the agricultural use pesticide will control;

2. The name of the crop and number of acres to which the agricultural use pesticide has been applied;

3. The location of use including the county, township, range, and section;

The name of the product used, including the EPA registration number; and

5. The amount of agricultural use pesticide applied per acre.

History

• Adopted effective September 23, 1992 (Supp. 92-3). Amended by final rulemaking at 11 A.A.R. 3949, effective November 22, 2005 (Supp. 05-3).

Chapter 7 DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION

Article 1 EXPIRED

Ariz. Admin. Code § R18-7-101 [REPEALED]

History

• Adopted as an emergency effective December 5, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 86-6). Emergency expired. Adopted, without change, as an emergency effective March 6, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Former Section R9-20-102 was renumbered as Section R18-7-101, amended and readopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-101 repealed; new Section renumbered from R18-7-110; both by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Summary renumbering action revoked; former numbering of Sections R18-7-101 and R18-7-110 restored effective January 22, 1999. Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-102 [REPEALED]

History

• Adopted as an emergency effective December 5, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 86-6). Emergency expired. Amended and adopted as an emergency effective March 6, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Former Section R9-20-104 was renumbered as Section R18-7-102, amended and readopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-102 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-103 [REPEALED]

History

• Adopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-103 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-104 [REPEALED]

History

• Adopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-104 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-105 [REPEALED]

History

• Adopted as an emergency effective December 5, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 86-6). Emergency expired. Amended and adopted as an emergency effective March 6, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Former Section R9-20-105 was renumbered as Section R18-7-105, amended and readopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-105 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-106 [REPEALED]

History

• Adopted as an emergency effective December 5, 1986, pursuant to A.R.S. § 41-1003, valid for only 90 days (Supp. 86-6). Emergency expired. Amended and adopted as an emergency effective March 6, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Former Section R9-20-106 was renumbered as Section R18-7-106, amended and readopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-106 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-107 [REPEALED]

History

• Adopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-107 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-108 [REPEALED]

History

• Adopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-108 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).
• Emergency amendment R18-7-109, removed in Supp. 97-3, was reinstated at the request of the Department. Refer to Supp. 97-1 for emergency rule. This Section was subsequently amended under the regular rulemaking process effective (Supp. 97-4). This Section was repealed by summary action (Supp. 98-4).

Ariz. Admin. Code § R18-7-109 [REPEALED]

History

• Adopted as an emergency effective December 6, 1986, pursuant to A.R.S. § 41-1003 valid for only 90 days. Emergency expired. Amended and adopted as an emergency effective March 6, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-1). Emergency expired. Former Section R9-20-111 was renumbered as Section R18-7-109, amended and readopted as an emergency effective June 18, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). Section amended by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Amendment adopted permanently effective December 4, 1997 (Supp. 97-4). R18-7-109 repealed by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Adopted summary rules filed August 10, 1999; interim effective date of January 22, 1999 now the permanent effective date (Supp. 99-3).

Ariz. Admin. Code § R18-7-110 Expired

History

• Adopted as an emergency effective June 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-2). Emergency expired. Readopted without change as an emergency effective September 17, 1987, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 87-3). Emergency expired. Amended and adopted as a permanent rule effective December 22, 1987 (Supp. 87-4). R18-7-110 renumbered by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). Summary renumbering action revoked; former numbering of Sections R18-7-101 and R18-7-110 restored effective January 22, 1999 (Supp. 99-3). Section expired under A.R.S. § 41-1056(E) at 8 A.A.R. 4298, effective August 31, 2002 (Supp. 02-3).
• Emergency adopted Article 2 removed in Supp. 97-3, was reinstated at the request of the Department. Refer to Supp. 97-1 for emergency Sections. New Sections were subsequently adopted under the regular rulemaking process (Supp. 97-4).

Article 2 SOIL REMEDIATION STANDARDS

Ariz. Admin. Code § R18-7-201 Definitions

In addition to the definitions provided in A.R.S. §§ 49-151 and 49-152, the following definitions apply in this Article:

1. "Aquifer Protection Permit Program" means the system of requirements prescribed in A.R.S. Title 49, Chapter 2, Article 3 and A.A.C. Title 18, Chapter 9, Articles 1 through 7.

2. "Background" means a concentration of a naturally occurring contaminant in soils.

3. "Carcinogen" or "carcinogenic" means the potential of a contaminant to cause cancer in humans as determined by lines of evidence in accordance with a narrative classification in "Guidelines for Carcinogen Risk Assessment", EPA/630/P-03/001F, March 2005, (and no future editions), which is incorporated by reference. "Guidelines for Carcinogen Risk Assessment" is available from ADEQ and at https://www.epa.gov/sites/default/files/2013-09/documents/cancer_guidelines_final_3-25-05.pdf.

4. "Child care facility" means any permanent facility on a property or portion of property in which care or supervision is provided for children below the age of 18, unaccompanied by a parent or guardian, for periods of less than 24 hours per day. Child care facility does not include private homes or facilities that care for fewer than five children.

5. "Contact" means exposure to a contaminant through ingestion, inhalation, or dermal absorption.

6. "Contaminant" means a substance regulated by the programs listed in R18-7-202(A) or R18-7-202(B) or defined in A.R.S. § 49-171(2).

7. "Department" means the Arizona Department of Environmental Quality.

"Deterministic risk assessment methodology" means a site-specific human health risk assessment, performed using a specific set of input variables, exposure assumptions, and toxicity criteria, represented by point estimates for each receptor evaluated, which results in a point estimate of risk.

9. "Declaration of Environmental Use Restriction" or "DEUR" means a restrictive covenant as described in A.R.S. § 49-152.

10. "Ecological community" means an assemblage of populations of different species within a specified location in space and time.

11. "Ecological receptor" means a specific ecological community, population, or individual organism, protected by federal or state laws and regulations, or a local population that provides an important natural or economic resource, function, and value.

12. "Ecological risk assessment" means a scientific evaluation of the probability of an adverse effect to ecological receptors from exposure to specific types and concentrations of contaminants. An ecological risk assessment contains four components: identification of potential contaminants; an exposure assessment; a toxicity assessment; and a risk characterization.

13. "Engineering control" means a remediation method, such as a barrier or cap, which is used to prevent or minimize exposure to contaminants, and includes technologies that reduce the mobility or migration of contaminants.

"Excess lifetime cancer risk" means the increased risk of developing cancer above the background cancer occurrence levels due to exposure to contaminants.

15. "Exposure" means contact between contaminants and organisms.

16. "Exposure pathway" means the course a contaminant takes from a source to an exposed organism. Each exposure pathway includes a source or release from a source, an exposure point, and an exposure route. If the exposure point differs from the source, transport/exposure media (that is, air, water) are also included.

17. "Exposure point" means a location of potential contact between a contaminant and an organism.

18. "Exposure route" means the way a contaminant comes into contact with an organism (that is, by ingestion, inhalation, or dermal contact).

"Groundwater" means water in an aquifer as defined in A.R.S. § 49-201(2).

20. "Hazard Index" means the sum of hazard quotients for multiple substances and/or multiple exposure pathways, or the sum of hazard quotients for chemicals acting by a similar mechanism and/or having the same target organ.

"Hazardous Waste Management Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 5, Article 2 and 18 A.A.C. 8, Article 2.

22. "Hazard quotient" means the value which quantifies non-carcinogenic risk for one chemical for one receptor population for one exposure pathway over a specified exposure period. The hazard quotient is equal to the ratio of a chemical-specific intake to the reference dose.

23. "Imminent and substantial endangerment to the public health or the environment" has the meaning found in A.R.S. § 49-282.02(C)(1).

24. "Institutional control" means a legal or administrative tool or action taken to reduce the potential for exposure to contaminants.

25. "Letter of Completion" means a Departmental statement that indicates whether the property in question has met the soil remediation standards in this Article.

26. "Migrate" or "migration" means the movement of contaminants from the point of release, emission, discharge, or spillage: through the soil profile; by volatilization from soil to air and subsequent dispersion to air; and by water, wind, or other mechanisms.

27. "Non-carcinogen" means a contaminant that has the potential upon exposure to an individual to cause adverse health effects other than cancer.

28. "Non-residential site-specific remediation level" means a level of contaminants remaining in soil after remediation that results in a cumulative excess lifetime cancer risk between 1 x 10 ^-6 and 1 x 10 ^-4 and a Hazard Index no greater than 1 based on non-residential exposure assumptions.

29. "Nuisance" means the activities or conditions that may be subject to A.R.S. § 49-141.

30. "Person" means any public or private corporation, company, partnership, firm, association, or society of persons, the federal government and any of its departments or agencies, this state or any of its agencies, departments, political subdivisions, counties, towns, municipal corporations, as well as a natural person.

31. "Population" means an aggregate of individuals of a species within a specified location in space and time.

32. "Probabilistic risk assessment methodology" means a site-specific human health risk assessment, performed using probability distributions of input variables and exposure assumptions that take into account the variability and uncertainty of these values, which results in a range or distribution of possible risk estimates.

33. "Reasonable Maximum Exposure" or "RME" means the highest human exposure case that is greater than the average, but is still within the range of possible exposures to humans at a site.

34. "Remediate" or "remediation" has the meaning found in A.R.S. § 49-151.

35. "Reference dose" means the toxicity factor expressed as a threshold level in units of (mg/kg-day) at which non-cancer effects are not expected to occur.

36. "Repository" means the Department's database, established under A.R.S. § 49-152(E), from which the public may view information pertaining to remediation projects.

37. "Residential site-specific remediation level" means a level of contaminants remaining in the soil after remediation that results in a cumulative excess lifetime cancer risk between 1 x 10 ^-6 and 1 x 10 ^-4 and a Hazard Index no greater than 1 based on residential exposure assumptions.

38. "Residential use" has the meaning found in A.R.S. § 49-151.

39. "School" means any public institution under the jurisdiction of the Arizona State Board of Education or the Arizona State Board for Charter Schools, or any non-public institution, established for the purposes of offering instruction to children attending any grade from preschool through grade 12.

"Site-specific human health risk assessment" means a scientific evaluation of the probability of an adverse effect to human health from exposure to specific types and concentrations of contaminants. A site-specific human health risk assessment contains four components: identification of potential contaminants; an exposure assessment; a toxicity assessment; and a risk characterization.

41. "Soil" means all earthen materials, including moisture and pore space contained within earthen material, located between the land surface and groundwater including sediments and unconsolidated accumulations produced by the physical and chemical disintegration of rocks.

42. "Soil remediation level" or "SRL" means a pre-determined risk-based standard based upon the total contaminant concentration in soil, developed pursuant to A.R.S. § 49-152(A)(1) and listed in Appendix A.

43. "Solid Waste Management Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 4, and the rules adopted under those statutes.

44. "Special Waste Management Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 4, Article 9 and 18 A.A.C. 13, Articles 13 and 16.

45. "Underground Storage Tank Program" or "UST Program" means the system of requirements prescribed in A.R.S. Title 49, Ch. 6, Article 1 and 18 A.A.C. 12.

46. "Water Quality Assurance Revolving Fund" or "WQARF" means the system of requirements prescribed in A.R.S. Title 49, Ch. 2, Article 5 and 18 A.A.C. 16.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, §5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-201 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1). Amended by final expedited rulemaking at 31 A.A.R. 1691, effective 5/8/2025.

Ariz. Admin. Code § R18-7-202 Applicability

A. This Article applies to a person legally required to conduct soil remediation by any of the following regulatory programs administered by the Department:

1. The Aquifer Protection Permit Program.

2. The Hazardous Waste Management Program.

3. The Solid Waste Management Program.

4. The Special Waste Management Program.

5. The Underground Storage Tank Program.

6. The Water Quality Assurance Revolving Fund.

7. Any other program under A.R.S. Title 49 that regulates soil remediation.

B. This Article also applies to a person who is not legally required to conduct soil remediation, but who chooses to do so under any program administered by the Department.

C. The requirements of this Article apply in addition to any specific requirements of the programs described in subsections (A) or (B).

D. This Article is limited to soil remediation.

E. A person who is remediating a site shall comply with the numeric soil remediation standards identified in Appendix A

1. The site was characterized before May 5, 2007. A site is considered characterized when the laboratory analytical results of the soil samples delineating the nature, degree, and extent of soil contamination have been received by the person conducting the remediation.

2. The site was remediated or a risk assessment completed before May 5, 2010. A risk assessment or remediation is considered completed when site closure, that meets the conditions in R18-7-209, has been requested.

F. Nothing in this Article limits the Department's authority to establish more stringent soil remediation levels in response to:

1. A nuisance.

2. An imminent and substantial endangerment to the public health or the environment.

G. This Article does not apply to persons remediating soil to numeric soil remediation levels specified in the following documents and entered into, issued, or approved before May 5, 2007:

1. Orders of the Director;

2. Orders of any Court;

3. Work agreements approved by the Director pursuant to A.R.S. § 49-282.05;

4. Closure plans approved by the Director pursuant to R18-8-265;

5. Post-closure permits approved by the Director pursuant to R18-8-270;

6. Records of Decision approved by the Director pursuant to R18-16-410;

7. Records of Decision approved by the Director pursuant to R18-16-413; and

8. Records of Decision approved by the Director pursuant to 40 CFR 300.430(f)(5).

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, §5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-202 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1). Amended by final expedited rulemaking at 31 A.A.R. 1691, effective 5/8/2025.

Ariz. Admin. Code § R18-7-203 Remediation Standards

A. A person subject to this Article shall remediate soil so that any concentration of contaminants remaining in the soil after remediation is less than or equal to one of the following:

1. The background remediation standards prescribed in R18-7-204.

2. The pre-determined remediation standards prescribed in R18-7-205.

3. The site-specific remediation standards prescribed in R18-7-206.

B. A person who conducts a soil remediation based on the standards in R18-7-205, R18-7-206, R18-7-207 shall remediate soil so that any concentration of contaminants remaining in the soil after remediation does not:

1. Cause or threaten to cause a violation of Water Quality Standards prescribed in 18 A.A.C. 11. If the remediation level for a contaminant in the soil is not protective of aquifer water quality and surface water quality, the person shall remediate soil to an alternative soil remediation level that is protective of aquifer water quality and surface water quality.

Exhibit a hazardous waste characteristic of ignitability, corrosivity, or reactivity as defined in R18-8-261(A) . If the remediation level for a contaminant in the soil results in leaving soils that exhibit a hazardous waste characteristic other than toxicity, the person shall remediate soil to an alternative soil remediation level such that the soil does not exhibit a hazardous waste characteristic other than toxicity.

3. Cause or threaten to cause an adverse impact to ecological receptors. If the Department determines that the remediation level for a contaminant in soil may impact ecological receptors based on the existence of ecological receptors and complete exposure pathways, the person shall conduct an ecological risk assessment. If the ecological risk assessment indicates that any concentration of contaminants remaining in the soil after remediation causes or threatens to cause an adverse impact to ecological receptors, the person shall remediate soil to an alternative soil remediation level, derived from the ecological risk assessment, that is protective of ecological receptors.

C. Soil vapor concentration may be used to estimate the total contaminant concentration in soil if the Department determines that the soil vapor concentration methodology will not be invalidated by the soil, hydrogeology, or other characteristics of the site.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 59; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-203 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R18-7-204 Background Remediation Standards

A. A person may elect to remediate to a background concentration for a contaminant.

B. A person who conducts a remediation to a background concentration for a contaminant shall establish the background concentration using all of the following factors:

1. Site-specific historical information concerning land use.

Site-specific sampling of soils unaffected by a release, but having characteristics similar to those of the soils affected by the release.

3. Statistical analysis of background concentrations using the 95th percentile upper confidence limit.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-204 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R18-7-205 Pre-determined Remediation Standards

A. A person may elect to remediate to the residential or non-residential soil remediation levels (SRLs) in Appendix A.

B. A person who conducts remediation pursuant to this Article shall remediate to the residential SRL on any property where there is residential use at the time remediation is completed.

C. A pre-determined contaminant standard established by federal law or regulation may be used for polychlorinated biphenyl cleanups regulated pursuant to the Toxic Substances Control Act (TSCA) at 40 CFR 761.120 et seq., however, the Department has no regulatory authority to issue a Letter of Completion in TSCA-regulated cleanups.

D. A person who elects to utilize a residential or non-residential SRL for the following known human carcinogens shall remediate to a 1 x 10-6 excess lifetime cancer risk: benzene, benzidine, bis (chloromethyl) ether, chromium VI, diethylstilbestrol, direct black 38, direct blue 6, direct brown 95, nickel subsulfide, and vinyl chloride.

E. Except as provided below, a person who elects to remediate to a residential SRL may utilize a 1 x 10-5 excess lifetime cancer risk for any carcinogen other than a known human carcinogen. If the current or currently intended future use of the contaminated site is a child care facility or school where children below the age of 18 are reasonably expected to be in frequent, repeated contact with the soil, the person conducting remediation shall remediate to a 1 x 10-6 excess lifetime cancer risk.

F. For contaminants that exhibit both carcinogenic and non-carcinogenic effects, the numeric standard that is lower (more protective) shall apply.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, §5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-205 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1). Amended by final expedited rulemaking at 31 A.A.R. 1691, effective 5/8/2025.

Ariz. Admin. Code § R18-7-206 Site-specific Remediation Standards

A. A person may elect to remediate to a residential or a non-residential site-specific remediation level derived from a site-specific human health risk assessment.

B. A person who conducts a remediation to a residential or a non-residential site-specific remediation level shall use one of the following site-specific human health risk assessment methodologies:

1. A deterministic methodology. If a deterministic methodology is used, reasonable maximum exposures shall be evaluated for future use scenarios.

2. A probabilistic methodology. If a probabilistic methodology is used, it shall be no less protective than the 95th percentile upper bound estimate of the distribution.

3. An alternative methodology commonly accepted in the scientific community. An alternative methodology is considered accepted in the scientific community if it is published in peer-reviewed literature, such as a professional journal or publication of standards of general circulation, and there is general consensus within the scientific community that the methodology is sound.

C. A person who conducts a remediation to a site-specific remediation level shall remediate to the residential site-specific remediation level on any property where there is residential use at the time remediation is completed.

D. A person conducting a remediation to a residential or a non-residential site-specific remediation level shall remediate the contaminants in soil to a Hazard Index no greater than 1 and a cumulative excess lifetime cancer risk from 1 x 10-6 to 1 x 10-4. The following site-specific factors shall be evaluated when determining the cumulative excess lifetime cancer risk:

1. The presence of multiple contaminants.

2. The existence of multiple pathways of exposure.

3. The uncertainty of exposure.

4. The sensitivity of the exposed population.

5. Other program-related laws and regulations that may apply.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-206 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R18-7-207 Site-specific Remediation Standards for Nitrates and Nitrites

A person who conducts remediation of nitrates or nitrites shall remediate to a site-specific remediation level pursuant to R18-7-203(B)(1), (2), and (3).

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-207 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Section repealed; new Section made by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R18-7-208 Declaration of Environmental Use Restriction (deur)

A property owner who elects to leave contamination on a property that exceeds the applicable residential standard for the property under R18-7-205 or R18-7-206, or elects to use an institutional control or an engineering control to meet the requirements of R18-7-205, R18-7-206, or R18-7-207, shall record a DEUR pursuant to A.R.S. § 49-152 and comply with the related provisions of that statute and applicable rules.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-208 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Former R18-7-208 renumbered to R18-7-209; new R18-7-208 made by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R18-7-209 Letter of Completion or Alternative Closure Document

A. If a person requests a Letter of Completion or an alternative closure document, a person shall submit, at a minimum, the following information to the applicable Departmental program listed in R18-7-202(A) or described in R18-7-202(B):

1. A description of the actual activities, techniques, and technologies used to remediate soil at the site, including the legal mechanism in place to ensure that any institutional and engineering controls are maintained.

Documentation that requirements prescribed in R18-7-203(A) and R18-7-203(B)(1) and (2) have been satisfied.

3. If the Department determines pursuant to R18-7-203(B)(3) that an ecological risk assessment is required, documentation that the requirements prescribed in R18-7-203(B)(3) have been satisfied.

4. Soil sampling analytical results that are representative of the area remediated, including documentation that the laboratory analysis of samples has been performed by a laboratory licensed by the Arizona Department of Health Services under A.R.S. § 36-495 et seq. and 9 A.A.C. 14, Article 6.

5. A statement signed by the person conducting the remediation certifying the following: I certify under penalty of law that this document and all attachments are, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing violations.

B. The applicable Departmental program described in R18-7-202(A) or R18-7-202(B) shall evaluate the information described in R18-7-209(A) . The Department may request additional information, or if the Department verifies compliance with the soil remediation standards set forth under this Article and closure requirements of the applicable program or programs identified in R18-7-202(A) or described in R18-7-202(B), the Department shall issue a Letter of Completion, or an alternative closure document provided for by statute or rule that certifies the soil standards in this Article have been achieved.

C. The applicable Departmental program described in R18-7-202(A) or R18-7-202(B) may revoke or amend any Letter of Completion or alternative closure document described in R18-7-209(B) if any of the information submitted pursuant to R18-7-208 or R18-7-209(A) is inaccurate or if any condition was unknown to the Department when the Department issued the Letter of Completion or alternative closure document.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-208 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Former R18-7-209 renumbered to R18-7-210; new R18-7-209 renumbered from R18-7-208 and amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).

Ariz. Admin. Code § R18-7-210 Notice of Remediation and Repository

A. A person conducting soil remediation shall submit a Notice of Remediation to the applicable Departmental program listed in R18-7-202(A) or R18-7-202(B) before beginning remediation. A person conducting a soil remediation to address an immediate and substantial endangerment to public health or the environment and who has notified the Department in accordance with notification requirements prescribed in A.R.S. § 49-284 is not required to submit a Notice of Remediation before beginning remediation. Any person who continues soil remediation after the immediate and substantial endangerment has been abated shall submit a Notice of Remediation. A Notice of Remediation shall include all of the following information:

The name and address of the real property owner;

2. The name and address of the remediating party;

3. A legal description and street address of the property;

A list of each contaminant to be remediated;

5. The background concentration, SRL, or site-specific remediation level selected to meet the remediation standards;

6. A description of the current and post-remediation property use as either residential or non-residential;

7. The rationale for the selection of residential or non-residential remediation; and

8. The proposed technologies for remediating the site.

B. The Department shall maintain a repository available to the public for information regarding sites where soil is remediated. The Repository shall include a listing of sites for which a Notice of Remediation has been submitted or a Letter of Completion or alternative closure document has been issued.

1. For sites where a Notice of Remediation has been filed, the Repository shall contain the date the notice was filed and the information submitted as described in subsection (A).

2. For sites where a Letter of Completion or alternative closure document has been issued, the Repository shall contain the following:

a. The name and address of the real property owner;

b. The name and address of the remediating party;

c. A legal description and street address of the property;

d. A listing of each contaminant that was remediated;

e. The background concentration, SRL, or site-specific remediation level selected to meet the remediation standard;

f. A description whether the residential or non-residential standard was achieved;

g. A description of any engineering or institutional control used to remediate the site; and

h. The date when the Letter of Completion or alternative closure document was issued.

History

• Adopted by emergency action effective March 29, 1996, pursuant to A.R.S. § 41-1026 and Laws 1995, Ch. 232, § 5; in effect until permanent rules are adopted and in place no later than August 1, 1997, pursuant to A.R.S. § 49-152 and Laws 1995, Ch. 232, § 5 (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1). Interim emergency amendment reinstated at the request of the Department (see Supp. 97-1); historical note from Supp. 97-3 stating emergency expired removed for clarity. Section R18-7-208 adopted permanently effective December 4, 1997, replacing emergency rule (Supp. 97-4). Section R18-7-210 renumbered from R18-7-209 and amended by final rulemaking at 13 A.A.R. 971, effective May 5, 2007 (Supp. 07-1).

Article 3 PROSPECTIVE PURCHASER AGREEMENT

Ariz. Admin. Code § R18-7-301 Prospective Purchaser Agreement Fee

A. An applicant for a prospective purchaser agreement with the Department under A.R.S. § 49-285.01 shall pay to the Department the fee prescribed in this Article. The Department shall not refund a fee once it accepts an application.

B. An applicant for a prospective purchaser agreement shall pay a fee for each prospective purchaser agreement application submitted to the Department for review. The fee includes:

1. An initial charge as prescribed in subsection (C);

2. An hourly charge, if the conditions of subsection (D)(1) apply;

3. The publication costs for the legal notice as prescribed in subsection (F); and

4. A charge, as prescribed in subsection (D)(2), if an applicant requests a settlement.

C. An applicant shall pay an initial charge of $2,500 for an application for a prospective purchaser agreement requiring minimal review for property within a site that is listed in the Water Quality Assurance Revolving Fund (WQARF) registry under A.R.S. § 49-287.01. For property that is not on the WQARF registry, an applicant shall pay an initial charge of $3,600 for an application for a prospective purchaser agreement. The initial charge covers direct and indirect Department costs. An application for a prospective purchaser agreement requiring minimal review is one that requires 34 or fewer hours of review time for a site on the WQARF registry or 49 or fewer hours for a site not on the WQARF registry.

D. In addition to the initial charge described in subsection (C), the applicant shall pay the following charges, if applicable:

1. An hourly charge for reviewing a prospective purchaser agreement that requires more than the hours for review covered by the initial charge in subsection (C). The additional charge is $73 per hour for Department staff time and Assistant Attorney General time.

2. A charge in the amount of $2,000, to accompany a request for a settlement that includes immunity from contribution claims for existing contamination, if requested under A.R.S. § 49-285.01. If costs for the settlement exceed $2,000, the remainder of the costs will be paid for through the terms of the settlement.

E. The applicant may agree in writing to pay charges that exceed the initial charge described in subsection (C). Unless the applicant has so agreed, when the Department believes that the costs associated with the prospective purchaser agreement have begun to exceed the initial charge, the Department shall stop work on the prospective purchaser agreement and notify the applicant in writing. The applicant shall notify the Department in writing, within 30 days of the Department's notification under this subsection, whether the applicant wishes the Department to continue work on the application and to incur additional costs. The Department shall terminate the application if the applicant does not provide written confirmation within 30 days that it wishes the Department to continue work on the application.

F. As provided in A.R.S. § 49-285.01(G) the Department shall publish a legal notice announcing an opportunity for public comment on the prospective purchaser agreement. The legal notice shall include:

1. A general description of the contents of the agreement;

2. The location where information regarding the agreement can be obtained;

3. The name and address of the Department contact where comments may be sent; and

4. The time and date that the comment period closes.

G. The initial charge described in subsection (C) is due when the applicant submits the prospective purchaser agreement application to the Department. The publication cost specified in subsection (B)(3), and any hourly charge described in subsection (D)(1), are due within 30 days of the date the invoice is sent by the Department. Fee charges are payable to the state of Arizona, and shall be paid in full before the Department executes a prospective purchaser agreement.

History

• Adopted effective February 7, 1997; filed with the Office of the Secretary of State January 14, 1997 (Supp. 97-1). Amended by final rulemaking at 12 A.A.R. 345, effective March 11, 2006 (Supp. 06-1). Amended by final expedited rulemaking at 31 A.A.R. 1691, effective 5/8/2025.
• The heading for the following Article was amended by exempt rulemaking at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1). The following Article was originally adopted under an exemption from the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 1997, Ch. 296, §§ 3(E) & (G), 10 & 11. Although exempt from certain provisions of the rulemaking process, the Department was required to submit notice of proposed rulemaking with the Secretary of State for publication in the Arizona Administrative Register and conduct a public hearing (Supp. 97-3).

Article 4 REPEALED

Ariz. Admin. Code § R18-7-401 [REPEALED]

History

• Adopted effective August 5, 1997, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 1997, Ch. 296, §§ 3(E) & (G), 10 & 11 (Supp. 97-3). Section R18-7-401 repealed; new Section R18-7-401 adopted effective October 21, 1998 (Supp. 98-4). Repealed by final rulemaking at 15 A.A.R. 232, effective March 7, 2009 (Supp. 09-1).
• The rules in the following Article were adopted as interim rules under an exemption from the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 2000, Ch. 225, § 13. Although exempt from certain provisions of the rulemaking process, the Department is required to submit notice of proposed rulemaking with the Secretary of State for publication in the Arizona Administrative Register and conduct a public hearing (Supp. 01-1).

Article 5 VOLUNTARY REMEDIATION PROGRAM

Ariz. Admin. Code § R18-7-501 Definitions

The following definitions shall apply in this Article, unless the context otherwise requires:

"Applicant" means a person who participates in the Voluntary Remediation Program. Participation in the Voluntary Remediation Program begins when the Department receives an application under A.R.S. § 49-173 and continues until any one of the following occurs:

The Department grants the applicant's request for a no further action determination.

The applicant provides the Department with notice of the applicant's intent to withdraw from the program.

The Department terminates the applicant's participation under A.R.S. § 49-178(B).

"Department" means the Arizona Department of Environmental Quality.

"Voluntary Remediation Program" means the program authorized under A.R.S. Title 49, Chapter 1, Article 5.

History

• New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, § 13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-7-502 Application Fee

A. At the time of filing an application to participate in the Voluntary Remediation Program, the applicant shall pay a nonrefundable application fee in the amount of $2,000.00.

B. The application fee shall be in the form of a company check, cashier's check, certified check, or money order made payable to the Arizona Department of Environmental Quality.

C. Except as provided in subsection (D), an application does not meet the requirements in A.R.S. § 49-173 unless accompanied by the application fee. The Department shall not review an application until the application fee is paid in full.

D. At the request of an applicant that is a small business as defined under A.R.S. § 41-1001, the Department may review and approve an application upon receipt of a partial payment of the application fee in an amount approved by the Department and an agreement to pay the remainder of the fee in scheduled installments.

E. An applicant that withdraws or is terminated from participation in the Voluntary Remediation Program may reapply to the program by submitting an application that meets the requirements of A.R.S. § 49-173, including payment of the application fee.

History

• New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, § 13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-7-503 Deposit

A. At the time that an applicant submits a work plan under A.R.S. § 49-175 or a report under A.R.S. § 49-181, the applicant shall submit to the Department an initial deposit of $4,000.00.

B. The deposit shall be in the form of Automated Clearing House ACH payment, wire transfer, a company check, cashier's check, certified check, or money order made payable to the Arizona Department of Environmental Quality.

C. The Department shall begin review of the applicant's work plan or the report submitted under A.R.S. § 49-181 upon receipt of the initial deposit.

D. Upon receipt of the initial deposit, the Department shall establish a site-specific deposit account identified by a unique account number. The Department shall charge all incurred reimbursable costs attributable to the applicant's site against the site-specific deposit account.

E. If, at any time during the applicant's participation in the program, the balance in the site-specific deposit account falls below $1,000.00 and the Department reasonably estimates that the reimbursable costs chargeable to the account will exceed the amount available in the account, the Department shall mail or fax a written request that the applicant submit an additional deposit in an amount not to exceed $4,000.00. The Department may request any number of additional deposits, in amounts of $4,000.00 or less, at any time that the conditions of this subsection are met.

F. If any requested additional deposit is not received within 30 days after the Department mails or faxes the request in subsection (E) and the Department determines that the applicant's site specific account balance is insufficient to support continued program participation, the Department shall mail a written notice of deficiency under A.R.S. § 49-178 and shall notify the applicant that work on the site may be suspended until the additional deposit is received. If the Department does not receive the requested additional deposit within 60 days after the notice of deficiency is mailed or faxed and the applicant does not dispute the Department's determination that the site specific account balance is insufficient to support continued program participation, the Department may terminate the applicant's participation in the program. An applicant whose participation is terminated under this subsection may reapply to the program as provided in R18-7-502(E).

History

• New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, §13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1). Amended by final expedited rulemaking at 31 A.A.R. 1691, effective 5/8/2025.

Ariz. Admin. Code § R18-7-504 Voluntary Remediation Program Reimbursement

A. The applicant shall reimburse the Department, at an hourly reimbursement rate established under R18-7-505, for time spent by Voluntary Remediation Program staff on activities specifically related to the applicant's site, including the following:

Review of the application submitted under A.R.S. § 49-173, including review of any modifications requested by the Department or the applicant or additional information submitted by the applicant.

2. Review of the work plan submitted under A.R.S. § 49-175, including review of any modifications requested by the Department under A.R.S. § 49-177 or by the applicant or the Department under A.R.S. § 49-180.

3. Review of progress reports submitted as part of a work plan under A.R.S. § 49-175 or as requested by the Department under A.R.S. § 49-177 or A.R.S. § 49-180.

4. Consideration by the Department under A.R.S. § 49-176(D) of written comments submitted in response to a public notice providing an opportunity to comment or a public meeting.

5. Participation in public hearings required by the Department under A.R.S. § 49-176(D).

6. Site inspections under A.R.S. § 49-177 and site investigations under A.R.S. § 49-181, including time spent in travel to and from the site.

Review of the report and request for a no further action determination submitted under A.R.S. § 49-181, including review of any modifications requested by the applicant or the Department.

8. Time spent in reviewing a request submitted by an applicant under A.R.S. § 49-182 for approval of a remedial action under A.R.S. § 49-285.

9. Time spent in meetings or discussions requested by the applicant or the Department.

B. The applicant shall reimburse the Department for the site-specific costs of goods and services contracted by the Department including:

1. Reasonable and necessary attorneys' fees billed to the Department by the Attorney General for legal services, including legal fees billed for representation in regard to appeals or dispute resolution under A.R.S. § 49-185.

2. Costs incurred by the Department for work provided under a contract described in A.R.S. § 49-179(D)(1) or A.R.S. § 49-179(D)(2).

3. Reasonable and necessary travel costs incurred in the performance of activities described in subsections (A)(5), (A)(6), or (A)(9) or performed at the request of the applicant.

4. Other reasonable site related expenses documented in writing by the Department.

History

• New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, § 13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-7-505 Hourly Reimbursement Rate

The hourly reimbursement rate is $110.00 per hour.

History

• New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, § 13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-7-506 Voluntary Remediation Program Accounting

Within a reasonable time after the end of each calendar quarter, the Department shall mail, or email each applicant a statement itemizing reimbursable costs charged against the site-specific deposit account and a summary of account activity during that quarter. The statement shall be in a form consistent with generally accepted accounting principles.

History

• New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, §13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1). Amended by final expedited rulemaking at 31 A.A.R. 1691, effective 5/8/2025.

Ariz. Admin. Code § R18-7-507 Account Reconciliation

A. Within a reasonable time after completion of the remediation work at the site, or after termination or withdrawal of the applicant from participation in the program, the Department shall prepare and mail or email to the applicant a final statement which shall include:

1. An itemization of site-specific reimbursable costs incurred by the Department but not previously reported in a quarterly statement.

2. The total amount of site-specific reimbursable costs incurred by the Department during the course of the project, including the costs reported in subsection (A)(1).

3. The total amount submitted as deposits by the applicant and applied by the Department to the applicant's site-specific deposit account during the course of the project, plus the amount paid by the applicant as an application fee.

B. If the final statement shows that the amounts submitted or paid during the course of the project are less than the Department's reimbursable costs, the applicant shall be responsible for and shall pay, within 30 days after receipt of the final statement, the difference between the costs incurred and the amounts submitted or paid.

C. If the final statement shows that the amounts submitted or paid during the course of the project are more than the Department's reimbursable costs and the Department's reimbursable costs exceed $2,000.00, the Department shall return to the applicant, within a reasonable time period, the difference between the amounts submitted or paid and the costs incurred.

D. If the final statement shows that the amounts submitted or paid during the course of the project are more than the Department's reimbursable costs and the Department's reimbursable costs total $2,000.00 or less, the Department shall retain the applicant's nonrefundable application fee of $2,000.00 and shall return to the applicant the amount of any deposits submitted.

E. The Department may withhold any program approval or no further action determination until the applicant has paid any amount due and payable under the final statement.

History

• New Section adopted as interim rules, under an exemption from certain provisions of the Administrative Procedure Act pursuant to Laws 2000, Ch. 225, §13, at 7 A.A.R. 814, effective February 9, 2001 (Supp. 01-1). Amended by final expedited rulemaking at 31 A.A.R. 1691, effective 5/8/2025.

Article 6 DECLARATION OF ENVIRONMENTAL USE RESTRICTION FEE

Ariz. Admin. Code § R18-7-601 Definitions

The following definitions shall apply in this Article, unless the context otherwise requires:

"APP mine sites" means mining facilities which are subject to the aquifer protection permit provisions of Arizona Revised Statutes Title 49, Chapter 2, Article 3.

"Department" means the Arizona Department of Environmental Quality.

"DEUR" means declaration of environmental use restriction, as described in A.R.S. §§ 49-152 and 49-158. It is an institutional control and a restrictive covenant that runs with and burdens the property, binds the owner and the owner's heirs, successors and assigns, and inures to the benefit of the Department and the state.

"Fee" means the fee authorized by A.R.S. §§ 49-152(K) and 49-158(G).

"Engineering control" has the meaning in A.R.S. § 49-151.

"Institutional control" has the meaning in A.R.S. § 49-151.

"Modification" means modification of a DEUR that continues to address the same spill or release, and the same contaminants, as in the original DEUR. No other changes are considered a modification of a DEUR, but would be the subject of a separate DEUR.

"One-time activities" includes reviewing and/or approving legal descriptions, control areas, contaminants, institutional or engineering controls, and draft DEUR documents.

"Ongoing activities" includes reviewing written reports, conducting site inspections, or otherwise verifying maintenance of institutional or engineering controls.

"Underground storage tanks" means those underground storage tanks defined and regulated under A.R.S. Title 49, Chapter 6, Article 1.

"WQARF sites" means sites that are listed on the site registry specified in A.R.S. § 49-287.01 and are the subject of remedial action pursuant to A.R.S. Title 49, Chapter 2, Article 5. A property that is within a registry site boundary, but does not involve a contaminant of concern identified for that registry site and is not the subject of remedial action pursuant to the above Chapter 2, is not a WQARF site for the purpose of this Section.

History

• New Section made by exempt rulemaking at 10 A.A.R. 573, effective February 20, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-7-602 Applicability

The provisions of this Article apply to properties where the owner has elected to use an institutional control and/or an engineering control to reduce the potential for exposure to contaminants on the property, or to leave contamination on the property that exceeds the applicable residential soil standard for the property. The owner of such property shall record, in each county where the property is located, a restrictive covenant labeled "declaration of environmental use restriction," that contains the information required by A.R.S. §§ 49-152 or 49-158, as approved by the Department. The owner shall submit the information on a form provided by the Department.

History

• New Section made by exempt rulemaking at 10 A.A.R. 573, effective February 20, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-7-603 Fee

Except as provided in R18-7-605, before recording the DEUR or DEUR modification, property owners shall pay to the Department a fee as provided in R18-7-604 by company, cashier, or certified check, or money order, or other method approved by the Department.

History

• New Section made by exempt rulemaking at 10 A.A.R. 573, effective February 20, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-7-604 Fee Calculation

A. Property owners who use only an institutional control shall pay to the Department a fee that is the sum of the following:

1. $825, representing Department costs to perform one-time activities;

2. An amount representing the costs of ongoing activities performed by the Department that is one of the following:

a. For properties contaminated only by a petroleum release from one or more underground storage tanks: $110 multiplied by the number of years the Department projects the property will require ongoing activities, not to exceed 30 years; or

b. For all other properties: $220 multiplied by the number of years the Department projects the property will require ongoing activities, not to exceed 30 years;

3. $770, representing Department costs to review and render a decision on a request to release a DEUR, and to record the release, pursuant to A.R.S. §§ 49-152(D) or 49-158(L);

4. $1,985 per site, representing the property owner's pro-rata share of Department costs to oversee and coordinate its DEUR-related activities; plus

5. $550 per site, representing the property owner's pro-rata share of Department costs to administer the repository under A.R.S. § 49-152(E).

B. Property owners who use an engineering control without groundwater monitoring shall pay a fee to the Department that is the sum of the following:

1. $1,595, representing Department costs to perform one-time activities;

$660, representing Department costs of annual ongoing activities, multiplied by the number of years the Department projects the property will require ongoing activities, not to exceed 30 years;

3. $1,320, representing Department costs to review and render a decision on a request to release a DEUR, and to record the release, pursuant to A.R.S. §§ 49-152(D) or 49-158(L);

4. $1,985 per site, representing the property owner's pro-rata share of Department costs to oversee and coordinate its DEUR-related activities; plus

5. $550 per site, representing the property owner's pro-rata share of Department costs to administer the repository under A.R.S. § 49-152(E).

C. Property owners who use an engineering control with groundwater monitoring, and owners of WQARF sites and APP mine sites, shall pay to the Department a fee that is the sum of the following:

1. $3,740, representing Department costs for performing one-time activities;

2. A component of the fee to be determined on a case-by-case basis, at $55 per hour, based on both:

a. The number of hours per year that the Department projects will be required for ongoing activities performed by the Department for the property, not to exceed 70 hours per year; and

b. The number of years that the Department projects the property will require ongoing activities, not to exceed 30 years;

3. $1,870, representing Department costs to review and render a decision on a request to release a DEUR, and to record the release, pursuant to A.R.S. §§ 49-152(D) or 49-158(L);

4. $1,985 per site, representing the property owner's pro-rata share of Department costs to oversee and coordinate its DEUR-related activities; plus

5. $550 per site, representing the property owner's pro-rata share of Department costs to administer the repository under A.R.S. § 49-152(E).

History

• New Section made by exempt rulemaking at 10 A.A.R. 573, effective February 20, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-7-605 Postponement of the Release Portion of the Deur Fee

Property owners may elect to postpone payment of the portion of the fee to release the DEUR, described in R18-7-604(A)(3), R18-7-604(B)(3), or R18-7-604(C)(3), on the condition that payment of the reasonable and necessary costs of releasing the DEUR is made with the request to the Department to release the DEUR from the property. Property owners electing to use this option acknowledge that the future amount of the release portion of the DEUR fee will be the amount established by this Article at the time the request for the release of the DEUR is filed with the Department, which may be greater than the amount described in R18-7-604(A)(3), R18-7-604(B)(3), or R18-7-604(C)(3) at the time the DEUR is recorded.

History

• New Section made by exempt rulemaking at 10 A.A.R. 573, effective February 20, 2004 (Supp. 04-1).

Ariz. Admin. Code § R18-7-606 Deur Modification Fee

A property owner who wishes to request a modification to an existing DEUR pursuant to A.R.S. §§ 49-152(I)(2), 49-152(J)(2), 49-158(E), or 49-158(F) shall pay to the Department a fee, representing Department costs to review and render a decision on the request to modify the DEUR. The fee shall accompany the proposed modification, and shall be in the form of company, cashier, or certified check, or money order, or other method approved by the Department. The fee shall be the amount specified in R18-7-604(A)(3), R18-7-604(B)(3), or R18-7-604(C)(3), as appropriate for the category of site as described in R18-7-604(A), R18-7-604(B), or R18-7-604(C).

History

• New Section made by exempt rulemaking at 10 A.A.R. 573, effective February 20, 2004 (Supp. 04-1).
• The rules in the following Article were adopted as interim rules under an exemption from the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 2000, Ch. 225, § 13. Although exempt from certain provisions of the rulemaking process, the Department is required to submit notice of proposed rulemaking with the Secretary of State for publication in the Arizona Administrative Register and conduct a public hearing (Supp. 01-1).

Chapter 8 DEPARTMENT OF ENVIRONMENTAL QUALITY - HAZARDOUS WASTE MANAGEMENT

Article 1 REMEDIAL ACTION REQUIREMENTS

Ariz. Admin. Code § R18-8-101 Remedial Action Requirements; Level and Extent of Cleanup

A. This Article is applicable to Chapter 8 of this Title.

B. In any instance where soil remediation is done under this Chapter, it shall be conducted in accordance with 18 A.A.C. 7, Article 2.

History

• Emergency rule adopted effective March 22, 1996, pursuant to A.R.S. §§ 49-152 and 41-1026; in effect until permanent rules are adopted (Supp. 96-1). Historical note revised to clarify exemptions of emergency adoption (Supp. 97-1 & Supp. 97-3). Adopted permanently through the regular rulemaking process, effective December 4, 1997 (Supp. 97-4). Amended by final rulemaking at 25 A.A.R. 435, effective 2/5/2019.

Article 2 HAZARDOUS WASTES

Ariz. Admin. Code § R18-8-201 Expired

History

• New Section made by exempt rulemaking at 16 A.A.R. 846, effective July 1, 2010 (Supp. 10-2). Section expired pursuant to A.R.S. § 41- 1056(J), at 22 A.A.R. 2983, effective September 15, 2016 (Supp. 16-2).

Ariz. Admin. Code §§ R18-8-202 through R18-8-259 Reserved

Ariz. Admin. Code § 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:

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:

§ 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.

§ 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:

["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,".]

[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.]

["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].

"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).

b c. § 261.4(d)(4) and (e)(4).

c d. § 261.39(a)(5).

e. § 262.14(a)(5).

d f. Part 262, subpart H.

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

f 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."

12. As required by
13. 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

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.

History

• 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.

Ariz. Admin. Code § R18-8-261 Identification and Listing of Hazardous Waste

A. All of 40 CFR 261 and 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. The revisions for standardized permits as published at 70 FR 53419; and

2. 40 CFR §§ 261 . 149, 261. 400(a), 261. 400(b), 261. 410(e), 261. 410(f), 261. 411, and 261. 420; Copies of 40 CFR 261 are available at https://www.eCFR.gov. Copies of the Federal Register (FR) are available at https://www.federalregister.gov/.

B. In the above-adopted federal regulations "section 1004(5) of RCRA" or "section 1004(5) of the Act" means A. R. S. § 49-921(5).

C. § 261. 4, titled "Exclusions," paragraph (b)(6)(i), is amended as follows:

(i) Wastes which fail the test for the Toxicity Characteristic because chromium is present or are listed in subpart D due to the presence of chromium, which do not fail the test for the Toxicity Characteristic for any other constituent or are not listed due to the presence of any other constituent, and which do not fail the test for any other characteristic, if [documentation is provided to the Director] by a waste generator or by waste generators that:

(A) The chromium in the waste is exclusively (or nearly exclusively) trivalent chromium; and

(B) The waste is generated from an industrial process which uses trivalent chromium exclusively (or nearly exclusively) and the process does not generate hexavalent chromium; and

(C) The waste is typically and frequently managed in non-oxidizing environments.

D. § 261. 4, titled "Exclusions," paragraph (e)(1) is amended as follows:

(1) Except as provided in paragraphs (e)(2) and (4) of this section, persons who generate or collect samples for the purpose of conducting treatability studies as defined in 40 CFR 260 . 10, are not subject to any requirement of 40 CFR parts 261 through 263 or to the notification requirements of Section 3010 of RCRA, nor are such samples included in the quantity determinations of [ 40 CFR 262 . 13 and 262. 16(b)] when:

(i) The sample is being collected and prepared for transportation by the generator or sample collector; or

(ii) The sample is being accumulated or stored by the generator or sample collector prior to transportation to a laboratory or testing facility; or

(iii) The sample is being transported to the laboratory or testing facility for the purpose of conducting a treatability study.

E. § 261. 4, titled "Exclusions," is amended by deleting the phrase "in the Region where the sample is collected" in paragraph (e)(3)iii.

F. § 261. 6, titled "Requirements for recyclable materials," paragraphs (a)(1) through (a)(3) are amended as follows:

(a)

(1) Hazardous wastes that are recycled are subject to the requirements for generators, transporters, and storage facilities of paragraphs (b) and (c) of this section, except for the materials listed in paragraphs (a)(2) and (a)(3) of this section. Hazardous wastes that are recycled [shall] be known as "recyclable materials. "

(2) The following recyclable materials are not subject to the requirements of this section but are regulated under and all applicable provisions in parts 268, 270 and 124 of this chapter:

(i) Recyclable materials used in a manner constituting disposal ( 40 CFR part 266, subpart C);

(ii) Hazardous wastes burned (as defined in section 266. 100(a)) in boilers and industrial furnaces that are not regulated under (40 CFR part 266, subpart H);

(iii) Recyclable materials from which precious metals are reclaimed (40 CFR part 266, subpart F);

(iv) Spent lead acid batteries that are being reclaimed (40 CFR part 266, subpart G).

(3) The following recyclable materials are not subject to regulation under and are not subject to the notification requirements of section 3010 of RCRA:

(i) Industrial ethyl alcohol that is reclaimed except that exports and imports of such recyclable materials [shall] comply with the requirements of 40 CFR part 262, sub-part H.

(A) A person initiating a shipment for reclamation in a foreign country, and any intermediary arranging for the shipment, [shall] comply with the requirements applicable to a primary exporter in [§ 262. 83(b), (g) and (i),] export such materials only upon consent of the receiving country and in conformance with the EPA Acknowledgment of Consent as defined in [subpart H] of part 262, and provide a copy of the EPA Acknowledgment of Consent to the shipment to the transporter transporting the shipment for export;

(B) Transporters transporting a shipment for export may not accept a shipment if [the transporter] knows the shipment does not conform to the EPA Acknowledgment of Consent, [shall] ensure that a copy of the EPA Acknowledgment of Consent accompanies the shipment and [shall] ensure that [the EPA Acknowledgment of Consent] is delivered to the [subsequent transporter or] facility designated by the person initiating the shipment.

(ii) Scrap metal that is not excluded under § 261. 4(a)(13);

(iii) Fuels produced from the refining of oil-bearing hazardous waste along with normal process streams at a petroleum refining facility if such wastes result from normal petroleum refining, production, and transportation practices (this exemption does not apply to fuels produced from oil recovered from oil-bearing hazardous waste, where such recovered oil is already excluded under § 261. 4(a)(12);

(iv)

(A) Hazardous waste fuel produced from oil-bearing hazardous wastes from petroleum refining, production, or transportation practices, or produced from oil reclaimed from such hazardous wastes, where such hazardous wastes are reintroduced into a process that does not use distillation or does not produce products from crude oil so long as the resulting fuel meets the used oil specification under [A. R. S. § 49-801] and so long as no other hazardous wastes are used to produce the hazardous waste fuel;

(B) Hazardous waste fuel produced from oil-bearing hazardous waste from petroleum refining[,] production, and transportation practices, where such hazardous wastes are reintroduced into a refining process after a point at which contaminants are removed, so long as the fuel meets the used oil fuel specification under [A. R. S. § 49-801] ; and

(C) Oil reclaimed from oil-bearing hazardous wastes from petroleum refining, production, and transportation practices, which reclaimed oil is burned as a fuel without reintroduction to a refining process, so long as the reclaimed oil meets the used oil fuel specification under [A. R. S. § 49-801] .

G. § 261. 11, titled "Criteria for listing hazardous waste," paragraph (a) is amended as follows:

(a) The [Director] shall list a solid waste as a hazardous waste only upon determining that the solid waste meets one of the following criteria:

(1) It exhibits any of the characteristics of hazardous waste identified in subpart C.

(2) It has been found to be fatal to humans in low doses or, in the absence of data on human toxicity, it has been shown in studies to have an oral LD 50 toxicity (rat) of less than 50 milligrams per kilogram, an inhalation 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 is otherwise capable of causing or significantly contributing to an increase in serious irreversible, or incapacitating reversible, illness. (Waste listed in accordance with these criteria shall be designated Acute Hazardous Waste.)

(3) It contains any of the toxic constituents listed in Appendix VIII and, after considering the following factors, the [Director] concludes that the waste is capable of posing a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed:

(i) The nature of the toxicity presented by the constituent.

(ii) The concentration of the constituent in the waste.

(iii) The potential of the constituent or any toxic degradation product of the constituent to migrate from the waste into the environment under the types of improper management considered in (a)(3)(vii) of this [subsection].

(iv) The persistence of the constituent or any toxic degradation product of the constituent.

(v) The potential for the constituent or any toxic degradation product of the constituent to degrade into nonharmful constituents and the rate of degradation.

(vi) The degree to which the constituent or any degradation product of the constituent bioaccumulates in ecosystems.

(vii) The plausible types of improper management to which the waste could be subjected.

(viii) The quantities of the waste generated at individual generation sites or on a regional or national basis.

(ix) The nature and severity of the human health and environmental damage that has occurred as a result of the improper management of wastes containing the constituent.

(x) Action taken by other governmental agencies or regulatory programs based on the health or environmental hazard posed by the waste or waste constituent.

(xi) Such other factors as may be appropriate.

H. § 261. 11, titled "Criteria for listing hazardous waste," paragraph (c) is amended as follows:

(c) The Administrator will use the criteria for listing specified in this section to establish the exclusion limits referred to in [262. 13(c).]

I. § 261. 30, titled "General", paragraph (d) is amended as follows:

(d) The following hazardous wastes listed in § 261. 31 are subject to the exclusion limits for acutely hazardous wastes established in [§ 261. 13:] EPA Hazardous Wastes Nos. F020, F021, F022, F023, F026 and F027.

J. Notwithstanding the definitions of "EPA" and "EPA Regional Administrator" in R18-8-260(E)(11) and (F)(2):

In § 261. 151(g), the third sentence is replaced by the following: "If the facilities covered by the mechanism are in more than one State, identical evidence of financial assurance must be submitted to and maintained with each state agency regulating hazardous waste or with the appropriate Regional Administrator if a facility is located in an unauthorized State. "

§ 261. 151 is amended by adding at the end: "Whenever this section requires that the owner or operator of a reclamation or intermediate facility notify several Regional Administrators of their financial obligations, the notice shall be to both DEQ and all

Regional Administrators of the United States Environmental Protection Agency of Regions that are affected by the owner or operator's financial assurance mechanisms. "

History

• Adopted effective July 24, 1984 (Supp. 84-4). Amended subsection (A) effective June 27, 1985 (Supp. 85-3). Amended subsections (A) and (E) effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1861 renumbered as Section R18-8-261, and subsections (A), (D) and (F) amended 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.

Ariz. Admin. Code § 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.

History

• 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.

Ariz. Admin. Code § R18-8-263 Standards Applicable to Transporters of Hazardous Waste

A. All of 40 CFR 263, 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 263 are available at https://www.eCFR.gov.

B. § 263. 11, titled "EPA identification numbers," is amended by the following:

(a) A transporter must not transport hazardous wastes without having received an EPA identification number from the [DEQ].

(b) A transporter 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 transporter.

C. § 263. 30, titled "Immediate action," paragraph (c)(2) is amended by the following:

(2) Report in writing as required by 49 CFR 171 . 16 to the Director, Office of Hazardous Materials Regulations, Materials Transportation Bureau, Department of Transportation, Washington, DC 20590 [and send a copy to the DEQ, Hazardous Waste Unit, 1110 W. Washington St., Phoenix, AZ 85007.]

History

• 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. 86-5). Former Section R9-8-1863 renumbered as R18-8-263, and subsection (A) amended effective May 29, 1987 (Supp. 87-2). Amended subsection (A) 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 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.

Ariz. Admin. Code § R18-8-264 Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities

A. All of 40 CFR 264 and accompanying appendices, revised as of July 1, 2020 (and no future editions), with the exception of §§ 264. 1(d) and (f), 264. 149, 264. 150, and 264. 301(l), is incorporated by reference, modified by the following subsections, and on file with the DEQ. Copies of 40 CFR 264 are available at https://www.eCFR.gov.

B. § 264. 1, titled "Purpose, scope and applicability," paragraph (g)(1) is amended as follows:

(1) The owner or operator of a facility [with operational approval from the Director] to man- age [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 [R18-8-264 ] pursuant to § 262. 14;

C. § 264. 1, titled "Purpose, scope, and applicability," paragraph (g)(8)(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. § 264. 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 will assign an EPA identification number to the facility owner or operator.

E. § 264. 18, titled "Location standards," paragraph (c) is amended by deleting the following:

(c) "except for the Department of Energy Waste Isolation Pilot Project in New Mexico. "

F. § 264. 56, titled "Emergency procedures," paragraph (d)(2) is amended as follows:

(2) [The emergency coordinator, or designee, shall] immediately notify [the DEQ at (602) 771-2330 or (800) 234-5677, extension 771-2330, 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 reporter;

(ii) Name and address of 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. § 264. 93, titled "Hazardous constituents," paragraph (c) is amended as follows: (c) In making any determination under about the use of ground water in the area around the facility, the [Director shall] consider any identification of underground sources of drinking water and exempted aquifers made under [40 CFR] § 144. 7, [and any identification of uses of ground water made pursuant to 18 A.A. C. 9 or 11].

H. § 264. 94, titled "Concentration limits," paragraph (c) is amended as follows:

(c) In making any determination under [§ 264. 94(b)] about the use of ground water in the area around the facility, the [Director shall] consider any identification of underground sources of drinking water and exempted aquifers made under [40 CFR] 144. 7, [and any identification of uses of ground water made pursuant to 18 A.A. C. 9 or 11].

I. § 264. 143, titled "Financial assurance for closure," paragraph (h), and 264. 145, titled "Financial assurance for post-closure care," paragraph (h), 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. "

J. § 264. 147, titled "Liability requirements," paragraphs (a)(1)(i) and (b)(1)(i) are amended by deleting the following from the fourth sentence in each citation: ", or Regional Administrators if the facilities are located in more than one Region. "

K. § 264. 151, titled "Wording of the instruments," is adopted except any reference to "{of/for} the Regions in which the facilities are located" is deleted and "an agency of the United States Government" is deleted from the second paragraph of the Trust Agreements.

L. § 264. 301, titled "Design and operating requirements," is amended by adding the following:

[The DEQ may require that hazardous waste disposed in a landfill operation be treated prior to landfilling to reduce the water content, water solubility, and toxicity of the waste. The decision by the DEQ shall be based upon the following criteria:

Whether the action is necessary to protect public health;

2. Whether the action is necessary to protect the groundwater, particularly where the groundwater is a source, or potential source, of a drinking water supply;

3. The type of hazardous waste involved and whether the waste may be made less hazardous through treatment;

4. The degree of water content, water solubility, and toxicity of the waste;

5. The existence or likelihood of other wastes in the landfill and the compatibility or incompatibility of the wastes with the wastes being considered for treatment;

6. Consistency with other laws, rules and regulations, but not necessarily limited to laws, rules, and regulations relating to landfills and solid wastes.]

M. § 264. 1030, titled "Applicability", paragraph (b)(3) is amended as follows:

(3) A unit that is exempt from permitting under the provisions of [ 40 CFR 262 . 17(a) ] (i. e., a "90-day" tank or container) and is not a recycling unit under the provisions of 40 CFR 261 . 6.

N. § 264. 1050, titled "Applicability", paragraph (b)(2) is amended as follows:

(2) A unit (including a hazardous waste recycling unit) that is not exempt from permitting under the provisions of [ 40 CFR 262. 17(a)] (i. e., a hazardous waste recycling unit that is not a "90-day" tank or container) and that is located at a hazardous waste management facility otherwise subject to the permitting requirements of 40 CFR part 270, or

History

• 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 R9-8-1864 renumbered as Section R18-8-264, and subsection (A) amended 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.

Ariz. Admin. Code § 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.]

History

• 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.

Ariz. Admin. Code § R18-8-266 Standards for the Management of Specific Hazardous Wastes and Specific Hazardous Waste Management Facilities

A. All of 40 CFR 266 and 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. Copies of 40 CFR 266 are available at https://www.eCFR.gov.

B. § 266. 100, titled "Applicability" paragraph (c) is amended as follows:

(c) The following hazardous wastes and facilities are not subject to regulation under this subpart:

(1) Used oil burned for energy recovery that is also a hazardous waste solely because it exhibits a characteristic of hazardous waste identified in subpart C of part 261 of this chapter. Such used oil is subject to regulation under [A. R. S. §§ 49-801 through 49-818 ];

(2) Gas recovered from hazardous or solid waste landfills when such gas is burned for energy recovery;

(3) Hazardous wastes that are exempt from regulation under §§ 261. 4 and 261. 6(a)(3)(iii) and (iv) of this chapter, and hazardous wastes that are subject to the special requirements for [very] small quantity generators under [§§ 262. 13 and 262. 14] of this chapter; and

(4) Coke ovens, if the only hazardous waste burned is EPA Hazardous Waste No. K087, decanter tank tar sludge from coking operations.

C. § 266. 108, titled "Small quantity on-site burner exemption" is amended in the Note following paragraph (c) as follows:

Note: Hazardous wastes that are subject to the special requirements for small quantity generators under [§§ 262. 13 and 262. 14] of this chapter may be burned in an off-site device under the exemption provided by § 266. 108, but must be included in the quantity determination for the exemption.

History

• Adopted effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1866 renumbered as Section R18-8-266, and amended effective May 29, 1987 (Supp. 87-2). 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.

Ariz. Admin. Code § R18-8-267 Reserved

Ariz. Admin. Code § R18-8-268 Land Disposal Restrictions

All of 40 CFR 268 and accompanying appendices, revised as of July 1, 2020 (and no future editions), with the exception of Part 268, Subpart B, is incorporated by reference and on file with the DEQ. Copies of 40 CFR 268 are available at https://www.eCFR.gov.

History

• Adopted 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.

Ariz. Admin. Code § R18-8-269 Expired

History

• Adopted effective July 24, 1984 (Supp. 84-4). Former Section R9-8-1869 renumbered without change as Section R18-8-269 (Supp. 87-2). Amended subsections (A) and (B) effective December 1, 1988 (Supp. 88-4). Amended effective December 2, 1994 (Supp. 94-4). Section expired pursuant to A .R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-8-270 Hazardous Waste Permit Program

A. 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:

§§ 270.1(a), 270.1(c)(1)(i), 270.3, 270.10(g)(1)(i), 270.60(a) and (b), and 270.64; and

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

3. Copies of 40 CFR 270 are available at https://www.eCFR.gov. Copies of the Federal Register are available at https://www.federalregister.gov.

B. § 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; or

c. At an existing facility accorded interim status under the provisions of § 270.70.

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; and

b. Injection well, ditch, alleyway, storm drain, leach field, or roadway.]

c. At an existing facility accorded interim status under the provisions of § 270.70 (as incorporated by R18-8-270 ).

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; and

b. 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; or

F. § 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;

iii. The hourly rate;

c. A description and amount of review-related costs as described in subsection (G)(6)(b); and

d. 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:

i. Per diem expenses,

ii. Transportation costs,

iii. Reproduction 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, and

ix. 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.

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.)

History

• 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.

Ariz. Admin. Code § R18-8-271 Procedures for Permit Administration

A. All of 40 CFR 124, revised as of July 1, 2020 (and no future editions), with the exception of §§ 124. 1 (b) through (e), 124. 2, 124. 4, 124. 16, 124. 20, 124. 21, and subparts C, D, and G, and with the exception of the revisions for standardized permits as published at 70 FR 53419, is incorporated by reference, modified by the following subsections, and on file with the DEQ. Copies of 40 CFR 124 are available at https://www.eCFR.gov. Copies of the Federal Register are available at https://www.federalregister.gov.

B. § 124. 1, titled "Purpose and scope," paragraph (a) is replaced by the following:

[This Section contains the DEQ procedures for issuing, modifying, revoking and reissuing, or terminating all hazardous waste management facility permits. This Section describes the procedures the DEQ shall follow in reviewing permit applications, preparing draft permits, issuing public notice, inviting public comment, and holding public hearings on draft permits. This Section also includes procedures for assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decision. The procedures of this Section also apply to denial of a permit for the active life of a RCRA HWM facility or unit under § 270. 29.]

C. § 124. 3, titled "Application for a permit," is replaced by the following:

(a)

(1) Any person who requires a permit under this Article shall complete, sign, and submit to the Director an application for each permit required under § 270.

Applications are not required for RCRA permits-by-rule in § 270. 60.

(2) The Director shall not begin processing a permit until the applicant has fully complied with the application requirements for that permit. (Refer to §§ 270. 10 and 270. 13).

(3) An applicant for a permit shall comply with the signature and certification requirements of § 270. 11.

(b) Reserved.

(c) The Director shall review for completeness every application for a permit. Each application submitted by a new HWM facility shall be reviewed for completeness by the Director in the order of priority on the basis of hazardous waste capacity established in a list by the Director. The Director shall make the list available upon request. Upon completing the review, the Director shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Director shall list the information necessary to make the application complete. When the application is for an existing HWM facility, the Director shall specify in the notice of deficiency a date for submitting the necessary information. The Director shall notify the applicant that the application is complete upon receiving this information. After the application is completed, the Director may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for additional information do not render an application incomplete.

(d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and the Director may take appropriate enforcement actions against an existing HWM facility pursuant to A. R. S. §§ 49-923, 49-924 and 49-925.

(e) If the Director decides that a site visit is necessary for any reason in conjunction with the processing of an application, the Director shall notify the applicant and schedule a date for a site visit.

(f) The effective date of an application is the date on which the Director notifies the applicant that the application is complete as provided in paragraph (c) of this subsection.

(g) For each application from a new HWM facility, the Director shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the Director intends to do the following:

(1) Prepare a draft permit or Notice of Intent to Deny;

(2) Give public notice;

(3) Complete the public comment period, including any public hearing;

(4) Make a decision to issue or deny a final permit; and

(5) Issue a final decision.

D. § 124. 5, titled "Modification, revocation and reissuance, or termination of permits," is replaced by the following:

(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Director's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in §§ 270. 41 or 270. 43. All requests shall be in writing and shall contain facts or reasons supporting the request.

(b) If the Director decides the request is not justified, the Director shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings.

(c) Modification, revocation or reissuance of permits procedures.

(1) If the Director tentatively decides to modify or revoke and reissue a permit under §§ 270. 41 or 270. 42(c), the Director shall prepare a draft permit under § 124. 6, incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Director shall require the submission of a new application.

(2) In a permit modification under this [subsection], only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. The permit modification shall have the same expiration date as the unmodified permit. When a permit is revoked and reissued under this subsection, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.

(3) "Classes 1 and 2 modifications" as defined in § 270. 42 are not subject to the requirements of this subsection.

(d) If the Director tentatively decides to terminate a permit under § 270. 43, the Director shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under § 124. 6. In the case of permits that are processed or issued jointly by both the DEQ and the EPA, a notice of intent to terminate shall not be issued if the Regional Administrator and the permittee agree to termination in the course of transferring permit responsibilities from the EPA to the state.

(e) The Director shall base all draft permits, including notices of intent to terminate, prepared under this subsection on the administrative record as defined in § 124. 9.]

E. § 124. 6, titled "Draft permits," is replaced by the following:

(a) Once an application is complete, the Director shall tentatively decide whether to prepare a draft permit or to deny the application.

(b) If the Director tentatively decides to deny the permit application, the Director shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under (e) of this subsection.

(c) Reserved.

(d) If the Director decides to prepare a draft permit, the Director shall prepare a draft permit that contains the following information:

(1) All conditions under §§ 270. 30 and 270. 32, unless not required under 40 CFR 264 and 265 ;

(2) All compliance schedules under § 270. 33;

(3) All monitoring requirements under § 270. 31; and

(4) Standards for treatment, storage, and/or disposal and other permit conditions under § 270. 30.

(e) All draft permits prepared by the DEQ under this subsection shall be accompanied by a statement of basis (§ 124. 7,) or fact sheet (§ 124. 8,), and shall be based on the administrative record (§ 124. 9,), publicly noticed (§ 124. 10,) and made available for public comment (§ 124. 11,). The Director shall give notice of opportunity for a public hearing (§ 124. 12,), issue a final decision (§ 124. 15,) and respond to comments (§ 124. 17,).

F. § 124. 7, titled "Statement of basis," is replaced by the following:

The DEQ shall prepare a statement of basis for every draft permit for which a fact sheet under § 124. 8 is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision. The statement of basis shall be sent to the applicant and, on request, to any other person.

G. § 124. 8, titled "Fact sheet," is replaced by the following:

(a) The DEQ shall prepare a fact sheet for every draft permit for a new HWM facility, and for every draft permit that the Director finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Director shall send this fact sheet to the applicant and, on request, to any other person.

(b) The fact sheet shall include, when applicable:

(1) A brief description of the type of facility or activity that is the subject of the draft permit;

(2) The type and quantity of wastes, that are proposed to be or are being treated, stored, or disposed;

(3) Reserved.

(4) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by § 124. 9;

(5) Reasons why any requested variances or alternatives to required standards do or do not appear justified;

(6) A description of the procedures for reaching a final decision on the draft permit including:

(i) The beginning and ending dates of the comment period under §§ 124. 10 and the address where comments will be received;

(ii) Procedures for requesting a hearing and the nature of that hearing; and

(iii) Any other procedures by which the public may participate in the final decision; and

(7) Name and telephone number of a person to contact for additional information.

(8) Reserved.

H. § 124. 9 titled "Administrative record for draft permits" is replaced by the following:

(a) The provisions of a draft permit prepared under § 124. 6 shall be based on the administrative record defined in this subsection.

(b) For preparing a draft permit under § 124. 6, the record consists of:

(1) The application, if required, and any supporting data furnished by the applicant, subject to paragraph (e) of this subsection;

(2) The draft permit or notice of intent to deny the application or to terminate the permit;

(3) The statement of basis under §§ 124. 7 or fact sheet under § 124. 8;

(4) All documents cited in the statement of basis or fact sheet; and

(5) Other documents contained in the supporting file for the draft permit.

(6) Reserved.

(c) Material readily available at the DEQ or published material that is generally available, and that is included in the administrative record under paragraphs (b) and (c) of this subsection, need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet.

(d) This subsection applies to all draft permits when public notice was given after the effective date of these rules.

(e) All items deemed confidential pursuant to A. R. S. § 49-928 shall be maintained separately and not disclosed to the public.

I. § 124. 10, titled "Public notice of permit actions and public comment period," is replaced by the following:

(a) Scope.

(1) The Director shall give public notice that the following actions have occurred:

(i) A permit application has been tentatively denied under § 124. 6(b);

(ii) A draft permit has been prepared under § 124. 6(d); and

(iii) A hearing has been scheduled under § 124. 12.

(2) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under § 124. 5(b). Written notice of that denial shall be given to the requester and to the permittee.

(3) Public notices may describe more than one permit or permit actions.

(b) Timing.

(1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this subsection shall allow at least 45 days for public comment.

(2) Public notice of a public hearing shall be given at least 30 days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.)

(c) Methods. Public notice of activities described in paragraph (a)(1) of this subsection shall be given by the following methods:

(1) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subparagraph may waive his or her rights to receive notice for any classes and categories of permits):

(i) An applicant;

(ii) Any other agency which the Director knows has issued or is required to issue a HWM facility permit or any other federal environmental permit for the same facility or activity;

(iii) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected states (Indian Tribes). For purposes of this paragraph, and in the context of the Underground Injection Control Program only, the term State includes Indian Tribes treated as States;

(iv) Reserved.

(v) Reserved.

(vi) Reserved.

(vii) Reserved.

(viii) Reserved.

(ix) Persons on a mailing list developed by:

(A) Including those who request in writing to be on the list;

(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and

(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state-funded newsletters, environmental bulletins, or state law journals. (The Director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Director may delete from the list the name of any person who fails to respond to the request.); and

(x)

(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and

(B) To each state agency having any authority under state law with respect to the construction or operation of the facility;

(2) By newspaper publication and radio announcement broadcast, as follows:

(i) Reserved.

(ii) For all permits, publication of a notice in a daily or weekly major local newspaper of general circulation within the area affected by the facility or activity, at least once, and in accordance with the provisions of paragraph (b) of this subsection; and

(iii) For all permits, a radio announcement broadcast over two local radio stations serving the affected area at least once during the period two weeks prior to the public hearing. The announcement shall contain:

(A) A brief description of the nature and purpose of the hearing;

(B) The information described in items (i), (ii), (iii), (iv), and (vii) of subparagraph (d)(1) of this subsection;

(C) The date, time, and place of the hearing; and

(D) Any additional information considered necessary or proper; or

(3) Reserved.

(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.

(d)

(1) Each public notice issued under this Article shall contain the following minimum information:

(i) Name and address of the office processing the permit action for which notice is being given;

(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by such permit;

(iii) A brief description of the business conducted at the facility or activity described in the permit application;

(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the statement of basis or fact sheet;

(v) A brief description of the comment procedures required by §§ 124. 11 and 124. 12 and the time and place of any hearing that shall be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision;

(vi) The location of the administrative record required by § 124. 9, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant (except for confidential information pursuant to A. R. S. § 49-928) is available as part of the administrative record;

(vii) The locations where a copy of the application and the draft permit may be inspected and the times at which these documents are available for public review; and

(viii) Reserved.

(ix) Any additional information considered necessary or proper.

(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this subsection, the public notice of a hearing under § 124. 12 shall contain the following information:

(i) Reference to the date of previous public notices relating to the permit;

(ii) Date, time, and place of the hearing; and

(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

(iv) Reserved.

(e) In addition to the general public notice described in paragraph (d)(1) of this subsection, all persons identified in paragraphs (c)(1)(i), (ii), and (iii) of this subsection shall be mailed a copy of the fact sheet or statement of basis, the permit application (if any), and the draft permit (if any).

J. § 124. 11, titled "Public comments and requests for public hearings," is replaced by the following:

During the public comment period provided under § 124. 10, any person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in § 124. 17.

K. § 124. 12, titled "Public hearings," is replaced by the following:

(a)

(1) The Director shall hold a public hearing whenever the Director finds, on the basis of requests, a significant degree of public interest in a draft permit.

(2) The Director may also hold a public hearing at the Director's discretion whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.

(3) The Director shall hold a public hearing whenever written notice of opposition to a draft permit and a request for a hearing has been received within 45 days of public notice under § 124. 10(b)(1). Whenever possible the Director shall schedule a hearing under this subsection at a location convenient to the nearest population center to the proposed facility.

(4) Public notice of the hearing shall be given as specified in § 124. 10.

(b) Reserved.

(c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under § 124. 10 shall automatically be extended to the close of any public hearing under this subsection. The hearing officer may also extend the comment period by so stating at the hearing.

(d) A tape recording or written transcript of the hearing shall be made available to the public.

(e) Reserved.]

L. § 124. 13, titled "Obligation to raise issues and provide information during the public comment period," is replaced by the following: [All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, shall raise all reasonably ascertain-able issues and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public hearing) under § 124. 10,. Any supporting materials that a commenter submits shall be included in full and shall not be incorporated by reference, unless they are already part of the administrative record in the same proceeding or consist of state or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials. Commenters shall make supporting material not already included in the administrative record available to the DEQ as directed by the Director.]

M. § 124. 14, titled "Reopening of the public comment period," is replaced by the following:

(a)

(1) The Director may order the public comment period reopened if the procedures of this paragraph could expedite the decision-making process. When the public comment period is reopened under this paragraph, all persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must submit all reasonably available factual grounds supporting their position, including all supporting material, by a date, not less than 60 days after public notice under paragraph (a)(2) of this subsection, set by the Director. Thereafter, any person may file a written response to the material filed by any other person, by a date, not less than 20 days after the date set for filing of the material, set by the Director.

(2) Public notice of any comment period under this paragraph shall identify the issues to which the requirements of § 124. 14(a) apply.

(3) On the Director's own motion or on the request of any person, the Director may direct that the requirements of paragraph (a)(1) of this subsection shall apply during the initial comment period where it reasonably appears that issuance of the permit will be contested and that applying the requirements of paragraph (a)(1) of this subsection will substantially expedite the decision-making process. The notice of the draft permit shall state whenever this has been done.

(4) A comment period of longer than 60 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this subsection. Commenters may request longer comment periods and they shall be granted under § 124. 10 to the extent they appear necessary.

(b) If any data, information, or arguments submitted during the public comment period, including information or arguments required under § 124. 13, appear to raise substantial new questions concerning a permit, the Director may take one or more of the following actions:

(1) Prepare a new draft permit, appropriately modified, under §§ 124. 6;

(2) Prepare a revised statement of basis under § 124. 7, a fact sheet or revised fact sheet under this § 124. 8, and reopen the comment period under this subsection; or,

(3) Reopen or extend the comment period under § 124. 10 to give interested persons an opportunity to comment on the information or arguments submitted.

(c) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under § 124. 10 shall define the scope of the reopening.

(d) Reserved.

(e) Public notice of any of the above actions shall be issued under §§ 124. 10.

N. § 124. 15, titled "Issuance and effective date of permit," is replaced by the following:

(a) After the close of the public comment period under § 124. 10 on a draft permit, the Director shall issue a final permit decision or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit under § 270. 29. The Director shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a permit or a decision to terminate a permit. For purposes of this subsection, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.

(b) A final permit decision or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit under § 270. 29 becomes effective on the date specified by the Director in the final permit notice.

(1) Reserved.

(2) Reserved.

(3) Reserved.

O. § 124. 17, titled "Response to comments," is replaced by the following:

(a) At the time that any final decision to issue a permit is made under § 124. 15, the Director shall issue a response to comments. This response shall:

(1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

(2) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.

(b) Any documents cited in the response to comments shall be included in the administrative record for the final permit decision as defined in § 124. 18. If new points are raised or new material supplied during the public comment period, the DEQ may document its response to those matters by adding new materials to the administrative record.

(c) The response to comments shall be available to the public.

P. § 124. 18, titled "Administrative record for final permit" is replaced by the following:

(a) The Director shall base final permit decisions under § 124. 15 on the administrative record defined in this subsection.

(b) The administrative record for any final permit shall consist of the administrative record for the draft permit, and:

(1) All comments received during the public comment period provided under § 124. 10, including any extension or reopening under § 124. 14,;

(2) The tape or transcript of any hearing(s) held under § 124. 12;

(3) Any written materials submitted at such a hearing;

(4) The response to comments required by § 124. 17 and any new material placed in the record under that subsection;

(5) Reserved.

(6) Other documents contained in the supporting file for the permit; and

(7) The final permit.

(c) The additional documents required under (b) of this subsection shall be added to the record as soon as possible after their receipt or publication by the DEQ. The record shall be complete on the date the final permit is issued.

(d) This subsection applies to all final permits when the draft permit was subject to the administrative record requirement of § 124. 9.

(e) Material readily available at the DEQ, or published materials which are generally available and which are included in the administrative record under the standards of this subsection or of § 124. 17, ("Response to comments"), need not be physically included in the same file as the rest of the record as long as the materials and their location are specifically identified in the statement of basis or fact sheet or in the response to comments.

Q. § 124.19, titled "Appeal of RCRA, UIC, and PSD permits," is replaced by the following:

A final permit decision (or a decision under § 270. 29 to deny a permit for the active life of a RCRA hazardous waste management facility or unit issued under § 124. 15 is an appealable agency action as defined in A. R. S. § 41-1092 and is subject to appeal under A. R. S. Title 41, Ch. 6, Art. 10.

R. § 124.31(a) titled "Pre-application public meeting and notice" is amended by deleting the following sentence:

"For the purpose of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR 271 . "

S. § 124.32(a) titled "Public notice requirements at the application stage" is amended by deleting the following sentence:

"For the purpose of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR 271. "

T. § 124.33(a) titled "Information repository" is amended by deleting the following sentence:

"For the purpose of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR 271. "

History

• 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 R9-8-1871 renumbered as R18-8-271; subsections (A), (C), (E), (I), (L) and (M) amended effective May 29, 1987 (Supp. 87-2). Amended subsection (C) 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.

Ariz. Admin. Code § R18-8-272 Reserved

Ariz. Admin. Code § R18-8-273 Standards for Universal Waste Management

A. All of 40 CFR 273, 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 273 are available at https://www.eCFR.gov.

B. § 273. 13, titled "Waste management", paragraphs (c)(2)(iii) and (c)(2)(iv) are amended as follows:

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks from broken ampules from that containment device to a container that meets the requirements of [ 40 CFR 262 . 15 and 40 CFR 262 . 16;]

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of [ 40 CFR 262 . 15 and 40 CFR 262 . 16;]

C. § 273. 33, titled "Waste management", paragraphs (c)(2)(iii) and (c)(2)(iv) are amended as follows:

(iii) Ensures that a mercury clean-up system is readily available to immediately transfer any mercury resulting from spills or leaks [from] broken ampules from that containment device to a container that meets the requirements of [ 40 CFR 262 . 15 and 40 CFR 262 . 16;]

(iv) Immediately transfers any mercury resulting from spills or leaks from broken ampules from the containment device to a container that meets the requirements of [ 40 CFR 262 . 15 and 40 CFR 262 . 16;]

History

• Adopted 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 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.

Ariz. Admin. Code § R18-8-274 Reserved

Ariz. Admin. Code § R18-8-275 Reserved

Ariz. Admin. Code § R18-8-276 Reserved

Ariz. Admin. Code § R18-8-277 Reserved

Ariz. Admin. Code § R18-8-278 Reserved

Ariz. Admin. Code § R18-8-279 Reserved

Ariz. Admin. Code § R18-8-280 Compliance

A. Inspection and entry. For purposes of ensuring compliance with the provisions of HWMA, any person who generates, stores, treats, transports, disposes of, or otherwise handles hazardous wastes, including used oil that may be classified as hazardous waste pursuant to A. R. S. Title 49, Chapter 4, Article 7, and hazardous secondary materials, shall, upon request of any officer, employee, or representative of the DEQ duly designated by the Director, furnish information pertaining to such wastes and permit such person at reasonable times:

1. To enter any establishment or other place maintained by such person where such wastes are or have been generated, stored, treated, disposed, or transported from;

2. To have access to, and to copy all records relating to such wastes;

3. To inspect any facilities, equipment (including monitoring and control equipment), practices, and operations, relating to such wastes;

4. To inspect, monitor, and obtain samples from such person of any such wastes and of any containers or labeling for such wastes; and

5. To record any inspection by use of written, electronic, magnetic and photographic media.

B. Penalties. A person who violates HWMA or any permit, rule, regulation, or order issued pursuant to HWMA is subject to civil and/or criminal penalties pursuant to A. R. S. §§ 49-923 through 49-925, as amended. Nothing in this Article shall be construed to limit the Director's or Attorney General's enforcement powers authorized by law including but not limited to the seeking or recovery of any civil or criminal penalties.

C. A certification statement may be required on written submittals to the DEQ in response to Compliance Orders or in response to information requested pursuant to subsection (A) of this Section. In addition, the DEQ may request in writing that a certification statement appear in any written submittal to the DEQ. The certification statement shall be signed by a person authorized to act on behalf of the company or empowered to make decisions on behalf of the company on the matter contained in the document.

D. Site assessment plan.

1. The requirement to develop a site assessment plan shall be contained in a Compliance Order. The Director may require an owner or operator to develop a site assessment plan based on one or more of the following conditions:

a. Unauthorized disposal or discharges of hazardous waste or hazardous waste constituents which have not been remediated.

b. Results of environmental sampling by the DEQ that indicate the presence of a hazardous waste or hazardous waste constituents.

c. Visual observation of unauthorized disposal or discharges which cannot be verified pursuant to § 262. 11, § 264. 13, or § 265. 13 as not containing a hazardous waste or hazardous waste constituents.

d. Other evidence of disposal or discharges of hazardous waste or hazardous waste constituents into the environment which have not been remediated.

2. The site assessment plan shall describe in detail the procedures to determine the nature, extent and degree of hazardous waste contamination in the environment.

3. The site assessment plan shall be approved by the DEQ before implementation.

4. The site assessment shall be conducted and the results shall be submitted to the DEQ within the time limitations established by the DEQ.

5. The DEQ may request in writing that a site assessment plan be conducted. The DEQ will review a voluntarily submitted site assessment plan if the plan satisfies the requirements listed in subsections (D)(2) through (4).

History

• Adopted effective July 24, 1984 (Supp. 84-4). Amended subsection (B) effective June 27, 1985 (Supp. 85-3). Former Section R9-8-1880 renumbered as Section R18-8-280, and subsection (A) amended effective May 29, 1987 (Supp. 87-2). Amended subsection (B) effective December 1, 1988 (Supp. 88-4). Amended October 11, 1989 (Supp. 89-4). Amended effective October 6, 1992 (Supp. 92-4). Amended effective December 2, 1994 (Supp. 94-4). Amended effective June 13, 1996 (Supp. 96-2). 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.

Article 3 RECODIFIED

Ariz. Admin. Code § R18-8-301 Recodified

History

• Adopted effective August 16, 1993 (Supp. 93-3). Amended effective March 24, 1994 (Supp. 94-1). Section recodified to A.A.C. R18-13-1301, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-302 Recodified

History

• Adopted effective August 16, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1302, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-303 Recodified

History

• Adopted effective August 16, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1303, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-304 Recodified

History

• Adopted effective August 16, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1304, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-305 Recodified

History

• Adopted effective August 16, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1305, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-306 [REPEALED]

History

• Emergency rule adopted effective February 22, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-1). Emergency expired. Emergency rule adopted again effective May 26, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-2). Emergency expired. Emergency rule adopted again effective August 30, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-3). Permanent rule adopted effective December 2, 1993 (Supp. 93-4). The permanent rule that was adopted effective December 2, 1993, was inadvertently published without the changes the agency made. Those changes appear here. (Supp. 95-4). Section repealed by summary rulemaking with an interim effective date of July 16, 1999, filed in the Office of the Secretary of State June 25, 1999 (Supp. 99-2). Interim effective date of July 16, 1999 now the permanent effective date (Supp. 99-4).

Ariz. Admin. Code § R18-8-307 Recodified

History

• Emergency rule adopted effective December 21, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-4). Permanent rule adopted with changes effective March 24, 1994 (Supp. 94-1). Section recodified to A.A.C. R18-13-1307, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Article 4 RECODIFIED

Ariz. Admin. Code § R18-8-401 Expired

History

• Adopted effective December 21, 1977 (Supp. 77-6). Former Section R9-8-1711 renumbered without change as Section R18-8-401 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-402 Recodified

History

• Adopted effective December 21, 1977 (Supp. 77-6). Former Section R9-8-1717 renumbered without change as Section R18-8-402 (Supp. 87-3). Section recodified to A.A.C. R18-13-902, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Article 5 RECODIFIED

Ariz. Admin. Code § R18-8-501 Expired

History

• Former Section R9-8-411 renumbered without change as Section R18-8-501 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-502 Recodified

History

• Former Section R9-8-412 renumbered without change as Section R18-8-502 (Supp. 87-3). Section recodified to A.A.C. R18-13-302, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-503 Recodified

History

• Former Section R9-8-413 renumbered without change as Section R18-8-503 (Supp. 87-3). Section recodified to A.A.C. R18-13-303, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-504 Recodified

History

• Former Section R9-8-414 renumbered without change as Section R18-8-504 (Supp. 87-3). Section recodified to A.A.C. R18-13-304, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-505 Recodified

History

• Former Section R9-8-415 renumbered without change as Section R18-8-505 (Supp. 87-3). Section recodified to A.A.C. R18-13-305, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-506 Recodified

History

• Former Section R9-8-416 renumbered without change as Section R18-8-506 (Supp. 87-3). Section recodified to A.A.C. R18-13-306, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-507 Recodified

History

• Former Section R9-8-421 renumbered without change as Section R18-8-507 (Supp. 87-3). Section recodified to A.A.C. R18-13-307, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-508 Recodified

History

• Amended effective August 6, 1976 (Supp. 76-4). Former Section R9-8-426 renumbered without change as Section R18-8-508 (Supp. 87-3). Section recodified to A.A.C. R18-13-308, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-509 Recodified

History

• Former Section R9-8-427 renumbered without change as Section R18-8-509 (Supp. 87-3). Section recodified to A.A.C. R18-13-309, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-510 Recodified

History

• Former Section R9-8-428 renumbered without change as Section R18-8-510 (Supp. 87-3). Section recodified to A.A.C. R18-13-310, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-511 Recodified

History

• Former Section R9-8-431 renumbered without change as Section R18-8-511 (Supp. 87-3). Section recodified to A.A.C. R18-13-311, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-512 Recodified

History

• Amended effective August 6, 1976 (Supp. 76-4). Correction in spelling, paragraph (5), "feeding"; former Section R9-8-432 renumbered without change as Section R18-8-512 (Supp. 87-3). Section recodified to A.A.C. R18-13-312, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-513 Expired

History

• Adopted effective March 14, 1979 (Supp. 79-2). Former Section R9-8-433 renumbered without change as Section R18-8-513 (Supp. 87-3). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Article 6 RECODIFIED

Ariz. Admin. Code § R18-8-601 Expired

History

• Former Section R9-8-1211 renumbered without change as Section R18-8-601 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-602 Recodified

History

• Former Section R9-8-1212 renumbered without change as Section R18-8-602 (Supp. 87-3). Section R18-8-602 recodified to R18-13-1102 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-603 Recodified

History

• Former Section R9-8-1213 renumbered without change as Section R18-8-603 (Supp. 87-3). Section R18-8-603 recodified to R18-13-1103 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-604 Recodified

History

• Former Section R9-8-1214 renumbered without change as Section R18-8-604 (Supp. 87-3). Section R18-8-604 recodified to R18-13-1104 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-605 Expired

History

• Former Section R9-8-1215 renumbered without change as Section R18-8-605 (Supp. 87-3). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-606 Recodified

History

• Former Section R9-8-1216 renumbered without change as Section R18-8-606 (Supp. 87-3). Section R18-8-606 recodified to R18-13-1106 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-607 Expired

History

• Former Section R9-8-1221 renumbered without change as Section R18-8-607 (Supp. 87-3). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-608 Recodified

History

• Former Section R9-8-1222 renumbered without change as Section R18-8-608 (Supp. 87-3). Section R18-8-608 recodified to R18-13-1108 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-609 Expired

History

• Former Section R9-8-1223 renumbered without change as Section R18-8-609 (Supp. 87-3). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-610 Expired

History

• Former Section R9-8-1224 renumbered without change as Section R18-8-610 (Supp. 87-3). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-611 Expired

History

• Former Section R9-8-1225 renumbered without change as Section R18-8-611 (Supp. 87-3). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Ariz. Admin. Code § R18-8-612 Recodified

History

• Former Section R9-8-1231 renumbered without change as Section R18-8-612 (Supp. 87-3). Section R18-8-612 recodified to R18-13-1112 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-613 Recodified

History

• Former Section R9-8-1232 renumbered without change as Section R18-8-613 (Supp. 87-3). Section R18-8-613 recodified to R18-13-1113 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-614 Recodified

History

• Former Section R9-8-1233 renumbered without change as Section R18-8-614 (Supp. 87-3). Section R18-8-614 recodified to R18-13-1114 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-615 Recodified

History

• Former Section R9-8-1234 renumbered without change as Section R18-8-615 (Supp. 87-3). Section R18-8-615 recodified to R18-13-1115 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-616 Recodified

History

• Former Section R9-8-1235 renumbered without change as Section R18-8-616 (Supp. 87-3). Section R18-8-616 recodified to R18-13-1116 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-617 Recodified

History

• Former Section R9-8-1236 renumbered without change as Section R18-8-617 (Supp. 87-3). Section R18-8-617 recodified to R18-13-1117 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-618 Recodified

History

• Former Section R9-8-1241 renumbered without change as Section R18-8-618 (Supp. 87-3). Section R18-8-618 recodified to R18-13-1118 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-619 Recodified

History

• Former Section R9-8-1242 renumbered without change as Section R18-8-619 (Supp. 87-3). Section R18-8-619 recodified to R18-13-1119 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-620 Recodified

History

• Former Section R9-8-1243 renumbered without change as Section R18-8-620 (Supp. 87-3). Section R18-8-620 recodified to R18-13-1120 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-621 Expired

History

• Former Section R9-8-1244 renumbered without change as Section R18-8-621 (Supp. 87-3). Section expired pursuant to A.R.S. § 41-1056(E), filed in the Office of the Secretary of State February 15, 2000 (Supp. 00-1).

Article 7 RECODIFIED

Ariz. Admin. Code § R18-8-701 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1201, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-702 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1202, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-703 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1203, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-704 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1204, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-705 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1205, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-706 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1206, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-707 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1207, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-708 Recodified

History

• Adopted effective July 6, 1993 (Supp. 93-3). Section recodified to A.A.C. R18-13-1208, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-709 Recodified

History

• Emergency rule adopted effective February 5, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-1). Emergency rule adopted again effective May 6, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-2). Emergency expired (Supp. 93-3). Emergency rule permanently adopted without change effective February 1, 1994 (Supp. 94-1). Section recodified to A.A.C. R18-13-1209, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-8-710 Recodified

History

• Emergency rule adopted effective February 5, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-1). Emergency rule adopted again effective May 6, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-2). Emergency expired (Supp. 93-3). Emergency rule permanently adopted without change effective February 1, 1994 (Supp. 94-1). Section recodified to A.A.C. R18-13-1210, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Article 16 RECODIFIED

Ariz. Admin. Code § R18-8-1601 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1601 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1602 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1602 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1603 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1603 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1604 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1604 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1605 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1605 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1606 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1607 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1607 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1608 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1608 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1609 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1609 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1610 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1610 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1611 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1611 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1612 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1612 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1613 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1613 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-8-1614 Recodified

History

• Adopted effective May 30, 1995 (Supp. 95-2). Section recodified to R18-13-1614 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Chapter 9 DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER POLLUTION CONTROL

Article 1 AQUIFER PROTECTION PERMITS - GENERAL PROVISIONS

Ariz. Admin. Code § R18-9-101 Definitions

1. "Aggregate" means a clean graded hard rock, volcanic rock, or gravel of uniform size, between 3/4 inch and 2 1/2 inches in diameter, offering 30 percent or more void space, washed or prepared to be free of fine materials that will impair absorption surface performance, and has a hardness value of three or greater on the Moh's Scale of Hardness (can scratch a copper penny).

2. "Alert level" means a value or criterion established in an individual permit that serves as an early warning indicating a potential violation of a permit condition related to BADCT or the discharge of a pollutant to groundwater.

"AQL" means an aquifer quality limit and is a permit limitation set for aquifer water quality measured at the point of compliance that either represents an Aquifer Water Quality Standard or, if an Aquifer Water Quality Standard for a pollutant is exceeded in an aquifer at the time of permit issuance, represents the ambient water quality for that pollutant.

4. "Aquifer Protection Permit" means an individual permit or a general permit issued under A.R.S. §§ 49-203, 49-241 through 49-252, and Articles 1, 2, and 3 of this Chapter.

5. "Aquifer Water Quality Standard" means a standard established under A.R.S. §§ 49-221 and 49-223.

6. "AZPDES" means the Arizona Pollutant Discharge Elimination System, which is the state program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment and biosolids requirements under A.R.S. Title 49, Chapter 2, Article 3.1 and 18 A.A.C. 9, Articles 9 and 10.

7. "BADCT" means the best available demonstrated control technology, process, operating method, or other alternative to achieve the greatest degree of discharge reduction determined for a facility by the Director under A.R.S. § 49-243.

8. "Bedroom" means, for the purpose of determining design flow for an on-site wastewater treatment facility for a dwelling, any room that has:

a. A floor space of at least 70 square feet in area, excluding closets;

b. A ceiling height of at least 7 feet;

c. Electrical service and ventilation;

d. A closet or an area where a closet could be constructed;

e. At least one window capable of being opened and used for emergency egress; and

f. A method of entry and exit to the room that allows the room to be considered distinct from other rooms in the dwelling and to afford a level of privacy customarily expected for such a room.

9. "Book net worth" means the net difference between total assets and total liabilities.

10. "Chamber technology" means a method for dispersing treated wastewater into soil from an on-site wastewater treatment facility by one or more manufactured leaching chambers with an open bottom and louvered, load-bearing sidewalls that substitute for an aggregate-filled trench described in R18-9-E302.

11.10. "CCR" means coal combustion residuals which include fly ash, bottom ash, boiler slag, and flue gas desulfurization materials generated from burning coal for the purpose of generating electricity by electric utilities and independent power producers.

12.11. "CCR landfill" means an area of land or an excavation that receives CCR and which is not a municipal solid waste landfill, a surface impoundment, an underground injection well, a salt dome formation, a salt bed formation, an underground or surface coal mine, or a cave. A CCR landfill also includes sand and gravel pits and quarries that receive CCR, CCR piles, and any practice that does not meet the definition of beneficial use of CCR.

13.12. "CCR surface impoundment" means a natural topographic depression, man-made excavation, or diked area, which is designed to hold an accumulation of CCR and liquids, and the unit treats, stores, or disposes of CCR.

14.13. "CCR unit" means any CCR landfill which receives CCR, any CCR surface impoundment designed to hold an accumulation of CCR and liquids, and the unit treats, stores or disposes of CCR. CCR unit includes a lateral expansion of a CCR unit, or a combination of more than one of these units that receives CCR.

14. "Cesspool" means a pit, collection structure, or subsurface fluid distribution system, which may or may not be partially lined, that receives discharged sewage. A cesspool is not an on-site wastewater treatment facility, such as a septic tank, vault, or other structure permitted under Article 3 of this Chapter.

15. "Chamber technology" means a method for dispersing treated wastewater into soil from an on-site wastewater treatment facility by one or more manufactured leaching chambers with an open bottom and louvered, load-bearing sidewalls that substitute for an aggregate-filled trench described in R18-9-E302.

15.16. "CMOM Plan" means a Capacity, Management, Operations, and Maintenance Plan, which is a written plan that describes the activities a permittee will engage in and actions a permittee will take to ensure that the capacity of the sewage collection system, when unobstructed, is sufficient to convey the peak wet weather flow through each reach of sewer, and provides for the management, operation, and maintenance of the permittee's sewage collection system.

16.17. "Design capacity" means the volume of a containment feature at a discharging facility that accommodates all permitted flows and meets all Aquifer Protection Permit conditions, including allowances for appropriate peaking and safety factors to ensure sustained, reliable operation.

17.18. "Design flow" means the daily flow rate a facility is designed to accommodate on a sustained basis while satisfying all Aquifer Protection Permit discharge limitations and treatment and operational requirements. The design flow either incorporates or is used with appropriate peaking and safety factors to ensure sustained, reliable operation.

18.19. "Direct reuse site" means an area where reclaimed water is applied or impounded.

19.20. "Disposal works" means the system for disposing treated wastewater generated by the treatment works of a sewage treatment facility or on-site wastewater treatment facility, by surface or subsurface methods. Disposal works do not include systems for activities regulated under 18 A.A.C. 9, Article 7.

"Drywell" means a well which is a bored, drilled or driven shaft or hole whose depth is greater than its width and is designed and constructed specifically for the disposal of storm water. Drywells do not include class 1, class 2, class 3 or class 4 injection wells as defined by the Federal Underground Injection Control Program (P.L. 93-523, part C), as amended. A.R.S. § 49-331(3).

21.22. "Dwelling" means any building, structure, or improvement intended for residential use or related activity, including a house, an apartment unit, a condominium unit, a townhouse, or a mobile or manufactured home that has been constructed or will be constructed on real property.

22.23. "Final permit determination" means a written notification to the applicant of the Director's final decision whether to issue or deny an Individual Aquifer Protection Permit.

"Gray water" means wastewater that has been collected separately from a sewage flow and that originates from a clothes washer or a bathroom tub, shower or sink but that does not include wastewater from a kitchen sink, dishwasher or toilet. A.R.S. § 49-201(20).

23.25. "Groundwater Quality Protection Permit" means a permit issued by the Arizona Department of Health Services or the Department before September 27, 1989 that regulates the discharge of pollutants that may affect groundwater.

24.26. "Homeowner's association" means a nonprofit corporation or unincorporated association of owners created pursuant to a declaration to own and operate portions of a planned community and which has the power under the declaration to assess association members to pay the costs and expenses incurred in the performance of the association's obligations under the declaration.

25.27. "Injection well" means a well that receives a discharge through pressure injection or gravity flow.

26.28. "Intermediate stockpile" means in-process material not intended for long-term storage that is in transit from one process to another at a mining site. Intermediate stockpile does not include metallic ore concentrate stockpiles or feedstocks not originating at the mining site.

27.29. "Land treatment facility" means an operation designed to treat and improve the quality of waste, wastewater, or both, by placement wholly or in part on the land surface to perform part or all of the treatment. A land treatment facility includes a facility that performs biosolids drying, processing, or composting, but not land application performed in compliance with 18 A.A.C. 9, Article 10.

28.30. "Mining site" means a site assigned one or more of the following primary Standard Industrial Classification Codes: 10, 12, 14, 32, and 33, and includes noncontiguous properties owned or operated by the same person and connected by a right-of-way controlled by that person to which the public is not allowed access.

29.31. "Nitrogen Management Area" means an area designated by the Director for which the Director prescribes measures on an area-wide basis to control sources of nitrogen, including cumulative discharges from on-site wastewater treatment facilities, that threaten to cause or have caused an exceedance of the Aquifer Water Quality Standard for nitrate.

30.32. "Notice of Disposal" means a document submitted to the Arizona Department of Health Services or the Department before September 27, 1989, giving notification of a pollutant discharge that may affect groundwater.

31.33. "On-site wastewater treatment facility" means a conventional septic tank system or alternative system that is installed at a site to treat and dispose of wastewater of predominantly human origin that is generated at that site. A.R.S. § 49-201(29). An on-site wastewater treatment facility does not include a pre-fabricated, manufactured treatment works that typically uses an activated sludge unit process and has a design flow of 3000 gallons per day or more.

32.34. "Operational life" means the designed or planned period during which a facility remains operational while being subject to permit conditions, including closure requirements. Operational life does not include post-closure activities.

33.35. " Person " means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body or other entity. A.R.S. § 49-201(33). For the purposes of permitting a sewage treatment facility under Article 2 of this Chapter, person does not include a homeowner's association.

34.36. "Pilot project" means a short-term, limited-scale test designed to gain information regarding site conditions, project feasibility, or application of a new technology.

35.37. "Process solution" means a pregnant leach solution, barren solution, raffinate, or other solution uniquely associated with the mining or metals recovery process.

36.38. "Residential soil remediation level" means the applicable predetermined standard established in 18 A.A.C. 7, Article 2, Appendix A.

37.39. "Seasonal high water table" means the free surface representing the highest point of groundwater rise within an aquifer due to seasonal water table changes over the course of a year.

38.40. "Setback" means a minimum horizontal distance maintained between a feature of a discharging facility and a potential point of impact.

39.41. "Sewage" means untreated wastes from toilets, baths, sinks, lavatories, laundries, other plumbing fixtures, and waste pumped from septic tanks in places of human habitation, employment, or recreation. Sewage does not include gray water as defined in A.R.S. § 49-201(20), if the gray water is reused according to 18 A.A.C. 9, Article 7.

40.42. "Sewage collection system" means a system of pipelines, conduits, manholes, pumping stations, force mains, and all other structures, devices, and appurtenances that collect, contain, and convey sewage from its sources to the entry of a sewage treatment facility or on-site wastewater treatment facility serving sources other than a single-family dwelling.

41.43. "Sewage treatment facility" means a plant or system for sewage treatment and disposal, except for an on-site wastewater treatment facility, that consists of treatment works, disposal works and appurtenant pipelines, conduits, pumping stations, and related subsystems and devices. A sewage treatment facility does not include components of the sewage collection system or the reclaimed water distribution system.

42.44. "Surface impoundment" means a pit, pond, or lagoon with a surface dimension equal to or greater than its depth, and used for the storage, holding, settling, treatment, or discharge of liquid pollutants or pollutants containing free liquids.

43.45. "Tracer" means a substance, such as a dye or other chemical, used to change the characteristic of water or some other fluid to detect movement.

44.46. "Tracer study" means a test conducted using a tracer to measure the flow velocity, hydraulic conductivity, flow direction, hydrodynamic dispersion, partitioning coefficient, or other property of a hydrologic system.

45.47. "Treatment works" means a plant, device, unit process, or other works, regardless of ownership, used for treating, stabilizing, or holding municipal or domestic sewage in a sewage treatment facility or on-site wastewater treatment facility.

46.48. "Typical sewage" means sewage conveyed to an on-site wastewater treatment facility in which the total suspended solids (TSS) content does not exceed 430 mg/l, the five-day biochemical oxygen demand (BOD₅) does not exceed 380 mg/l, the total nitrogen does not exceed 53 mg/l, and the content of oil and grease does not exceed 75 mg/l.

47.49. " Underground storage facility " means a constructed underground storage facility or a managed underground storage facility. A.R.S. § 45-802.01(21).

48.50. "Waters of the United States" means:

a. All waters that are currently used, were used in the past, or may be susceptible to use in interstate or foreign commerce, including all waters that are subject to the ebb and flow of the tide;

b. All interstate waters, including interstate wetlands;

c. All other waters such as intrastate lakes, rivers, streams (including intermittent streams), mudflats, sandflats, wetlands, sloughs, prairie potholes, wet meadows, playa lakes, or natural ponds the use, degradation, or destruction of which would affect or could affect interstate or foreign commerce including any waters:

i. That are or could be used by interstate or foreign travelers for recreational or other purposes;

ii. From which fish or shellfish are or could be taken and sold in interstate or foreign commerce; or

iii. That are used or could be used for industrial purposes by industries in interstate commerce;

d. All impoundments of waters defined as waters of the United States under this definition;

e. Tributaries of waters identified in subsections (a) through (d);

f. The territorial sea; and

g. Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in subsections (a) through (f).

History

• Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 25 A.A.R. 3060, effective 9/23/2019. Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023. Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-102 Facilities to Which Articles 1, 2, and 3 Do Not Apply

Articles 1, 2, and 3 do not apply to:

1. A drywell used solely to receive storm runoff and located so that no use, storage, loading, or treating of hazardous substances occurs in the drainage area;

2. A direct pesticide application in the commercial production of plants and animals subject to the Federal Insecticide, Fungicide, and Rodenticide Act ( P.L. 92-516; 86 Stat. 975; 7 United States Code 135 et seq., as amended), or A.R.S. §§ 49-301 through 49-309 and applicable rules, or A.R.S. Title 3, Chapter 2, Article 6 and applicable rules.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-103 Class Exemptions

Class exemptions. In addition to the classes or categories of facilities listed in A.R.S. § 49 -250(B), the following classes or categories of facilities are exempt from the Aquifer Protection Permit requirements in Articles 1, 2, and 3 of this Chapter:

1. Facilities that treat, store, or dispose of hazardous waste and have been issued a permit or have interim status, under the Resource Conservation and Recovery Act ( P.L. 94580; 90 Stat. 2796; 42 U.S.C. 6901 et seq., as amended), or have been issued a permit according to the hazardous waste management rules adopted under 18 A.A.C. 8, Article 2;

Underground storage tanks that contain a regulated substance as defined in A.R.S. § 49-1001;

3. Facilities for the disposal of solid waste, as defined in A.R.S. § 49-701.01, that are located in unincorporated areas and receive solid waste from four or fewer households;

4. Land application of biosolids in compliance with 18 A.A.C. 9, Articles 9 and 10;

5. CCR Units regulated by 40 CFR 257, Subpart D or by a permit in effect under a Department program approved by the United States Environmental Protection Agency in accordance with 42 U.S.C. § 6945(d)(1);

a. Regulations are approved by the U.S. Environmental Protection Agency, in accordance with 42 U.S.C. § 6945(d)(1), for the issuance of permits governing CCR Units, and

b. The Director issues a permit to a given CCR Unit, which incorporates terms at least as protective as 40 C.F.R. Part 257, Subpart D

6. Underground Injection Control Class V injection wells regulated under an area or individual permit per 18 A.A.C. 9, Article 6, Part I.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Subsection 4 citation corrected to reflect recodification at 7 A.A.R. 2522 (Supp. 03-1). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 25 A.A.R. 3060, effective 9/23/2019. Amended by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-104 Transition from Notices of Disposal and Groundwater Quality Protection Permitted Facilities

A person who owns, operates, or operated a facility on or after January 1, 1986 for which a Notice of Disposal was filed or a Groundwater Quality Protection Permit was issued shall, within 90 days from the date on the Director's notification, submit an application for an Aquifer Protection Permit or a closure plan as specified under A.R.S. § 49-252. The person shall obtain a permit for continued operation, closure of the facility, or clean closure approval. Failure to submit an application or closure plan as required terminates continuance of the Notice of Disposal or Groundwater Quality Protection Permit.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-105 Permit Continuance

A. Continuance.

1. Groundwater Quality Protection Permits.

a. Subject to R18-9-104 and other provisions of this Section, a Groundwater Quality Protection Permit issued before September 27, 1989 is valid according to the terms of the permit until replaced by an Aquifer Protection Permit issued by the Department.

b. A person who owns or operates a facility to which a Groundwater Quality Protection Permit was issued is in compliance with Articles 1, 2, and 3 of this Chapter and A.R.S. Title 49, Chapter 2, Article 3, if the facility:

i. Meets the conditions of the Groundwater Quality Protection Permit; and

ii. Is not causing or contributing to the violation of any Aquifer Water Quality Standard at a point of compliance, determined by the criteria in A.R.S. § 49-244.

2. Notice of Disposal. A person who owns or operates a facility for which a Notice of Disposal was filed before September 27, 1989 complies with Articles 1, 2, and 3 of this Chapter and A.R.S. Title 49, Chapter 2, Article 3 if the facility is not causing or contributing to the violation of an Aquifer Water Quality Standard at a point of compliance, determined by the criteria in A.R.S. § 49-244.

3. Aquifer Protection Permit application submittal. A person who did not file a Notice of Disposal and does not possess a Groundwater Quality Protection Permit or an Aquifer Protection Permit for an existing facility, but submitted the information required in applicable rules before December 27, 1989, is in compliance with Articles 1, 2, and 3 of this Chapter only if the person submitted an Aquifer Protection Permit application to the Department before January 1, 2001.

B. Applicability. Subsection (A) applies until the Director:

1. Issues an Aquifer Protection Permit for the facility,

2. Denies an Aquifer Protection Permit for the facility,

3. Issues a letter of clean closure approval for the facility under A.R.S. § 49-252, or

4. Determines that the person failed to submit an application under R18-9-104.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Amended effective November 12, 1996 (Supp. 96-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-106 Determination of Applicability

A. A person who engages or who intends to engage in an operation or an activity that may result in a discharge regulated under Articles 1, 2, and 3 of this Chapter may submit a request, on a form provided by the Department, that the Department determine the applicability of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter to the operation or activity.

B. A person requesting a determination of applicability shall provide the following information and the applicable fee under 18 A.A.C. 14:

1. The name and location of the operation or activity;

The name of any person who is engaging or who proposes to engage in the operation or activity;

3. A description of the operation or activity;

4. A description of the volume, chemical composition, and characteristics of materials stored, handled, used, or disposed of in the operation or activity; and

5. Any other information required by the Director to make the determination of applicability.

C. Within 45 days after receipt of a request for a determination of applicability, the Director shall notify in writing the person making the request that the operation or activity:

1. Is not subject to the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or facility does not discharge as described under A.R.S. § 49-241;

2. Is not subject to the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter because the operation or activity is exempted by A.R.S. § 49-250 or R18-9-103;

3. Is eligible for a general permit under A.R.S. §§ 49-245.01, 49-245.02 or 49-247 or Article 3 of this Chapter, specifying the particular general permit that would apply if the person meets the conditions of the permit; or

4. Is subject to the permit requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1, 2, and 3 of this Chapter.

D. If, after issuing a determination of applicability under this Section, the Director concludes that the determination or the information relied upon for a determination is inaccurate, the Director may modify or withdraw its determination upon written notice to the person who requested the determination of applicability.

E. If the Director determines that an operation or activity is subject to the requirements of A.R.S. §§ 49-241 through 49-252, the person who owns or operates the discharging facility shall, within 90 days from receiving the Director's written notification, submit an application for an Aquifer Protection Permit or a closure plan.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Amended by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-107 Consolidation of Aquifer Protection Permits

A. The Director may consolidate any number of individual permits or the coverage for any facility authorized to discharge under a general permit into a single individual permit, if:

1. The facilities are part of the same project or operation and are located in a contiguous geographic area, or

2. The facilities are part of an area under the jurisdiction of a single political subdivision.

B. All applicable individual permit requirements established in Articles 1 and 2 of this Chapter apply to the consolidation of Aquifer Protection Permits.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-108 Public Notice

A. Individual permits.

1. The Department shall provide the entities specified in subsection (A)(2), with monthly written notification, by regular mail or electronically, of the following:

a. Individual permit applications,

b. Temporary permit applications,

c. Preliminary and final decisions by the Director whether to issue or deny an individual or temporary permit,

d. Closure plans received under R18-9-A209(B) ,

e. Significant permit amendments and "other" permit amendments,

f. Permit revocations, and

g. Clean closure approvals.

Entities.

a. Each county department of health, environmental services department, or comparable department;

b. A federal, state, local agency, or council of government, that may be affected by the permit action; and

c. A person who requested, in writing, notification of the activities described in subsection (A).

3. The Department may post the information referenced in subsections (A)(1) and (2) on the Department web site: www.azdeq.gov.

B. General permits. Public notice requirements do not apply.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-109 Public Participation

A. Notice of Preliminary Decision.

1. The Department shall publish a Notice of Preliminary Decision regarding the issuance or denial of a significant permit amendment or a final permit determination in one or more newspapers of general circulation where the facility is located.

2. The Department shall accept written comments from the public before a significant permit amendment or a final permit determination is made.

3. The written public comment period begins on the publication date of the Notice of Preliminary Decision and extends for 30 calendar days.

B. Public hearing.

1. The Department shall provide notice and conduct a public hearing to address a Notice of Preliminary Decision regarding a significant permit amendment or final permit determination if:

a. Significant public interest in a public hearing exists, or

b. Significant issues or information has been brought to the attention of the Department that has not been considered previously in the permitting process.

2. If, after publication of the Notice of Preliminary Decision, the Department determines that a public hearing is necessary, the Department shall schedule a public hearing and publish the Notice of Preliminary Decision at least once, in one or more newspapers of general circulation where the facility is located.

3. The Department shall accept written public comment until the close of the hearing record as specified by the person presiding at the public hearing.

C. The Department shall respond in writing to all comments submitted during the formal public comment period.

D. At the same time the Department notifies a permittee of a significant permit amendment or an applicant of the final permit determination, the Department shall send, through regular mail or electronically, a notice of the amendment or determination and the summary of response to comments to any person who submitted comments or attended a public hearing on the significant permit amendment or final permit determination.

E. General permits. Public participation requirements do not apply.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-110 Inspections, Violations, and Enforcement

A. The Department shall conduct an inspection of a permitted facility as specified under A.R.S. § 41-1009.

B. A person who owns or operates a facility contrary to a provision of Articles 1, 2, and 3 of this Chapter, violates a condition of an Aquifer Protection Permit, or violates a condition of a Groundwater Quality Protection Permit continued under R189105(A)(1) is subject to the enforcement actions established under A.R.S. Title 49, Chapter 2, Article 4.

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-111 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-112 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-113 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-114 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-115 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-116 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-117 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-118 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-119 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-120 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Repealed effective July 14, 1998 (Supp. 98-3).

Ariz. Admin. Code § R18-9-121 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-122 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-123 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Repealed effective November 15, 1996 (Supp. 96-4).

Ariz. Admin. Code § R18-9-124 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-125 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-126 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-127 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-128 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Repealed effective November 12, 1996 (Supp. 96-4).

Ariz. Admin. Code § R18-9-129 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-130 [REPEALED]

History

• Adopted effective September 27, 1989 (Supp. 89-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Article 4 NITROGEN MANAGEMENT GENERAL PERMITS

Ariz. Admin. Code § R18-9-401 Definitions

In addition to the definitions established in A.R.S. §§ 49-101 and 49-201 and A.A.C. R18-9-101, the following terms apply to this Article:

1. "Application of nitrogen fertilizer" means any use of a substance containing nitrogen for the commercial production of a crop or plant. The commercial production of a crop or plant includes commercial sod farms and nurseries.

2. "Contact stormwater" means stormwater that comes in contact with animals or animal wastes within a concentrated animal feeding operation.

3. "Crop or plant needs" means the amount of water and nitrogen required to meet the physiological demands of a crop or plant to achieve a defined yield.

4. "Crop or plant uptake" means the amount of water and nitrogen that can be physiologically absorbed by the roots and vegetative parts of a crop or plant following the application of water.

5. "Impoundment" means any structure, other than a tank or a sump, designed and maintained to contain liquids. A structure that stores or impounds only non-contact stormwater is not an impoundment under this Article.

6. "Liner" or "lining system" means any natural, amendment, or synthetic material used to reduce seepage of impounded liquids into a vadose zone or aquifer.

7. "NRCS guidelines" means the United States Department of Agriculture, Natural Resources Conservation Service, National Engineering Handbook, Part 651 Agricultural Waste Management Field Handbook, Chapter 10, 651.1080, Appendix 10D - Geotechnical, Design, and Construction Guideline (November 1997). This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the United States Department of Agriculture, Natural Resources Conservation Service at ftp://ftp.wcc.nrcs.usda.gov/downloads/wastemgmt/AWMFH/awmfh-chap10-app10d.pdf.

History

• Adopted effective January 4, 1991 (Supp. 91-1). Section R18-9-401 renumbered from R18-9-201 and amended by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-402 Nitrogen Management General Permits: Nitrogen Fertilizers

An owner or operator may apply a nitrogen fertilizer under this general permit without submitting a notice to the Director, if the owner or operator complies with the following best management practices:

1. Limit application of the fertilizer so that it meets projected crop or plant needs;

2. Time application of the fertilizer to coincide to maximum crop or plant uptake;

3. Apply the fertilizer by a method designed to deliver nitrogen to the area of maximum crop or plant uptake;

4. Manage and time application of irrigation water to minimize nitrogen loss by leaching and runoff; and

5. Use tillage practices that maximize water and nitrogen uptake by a crop or plant.

History

• Adopted effective January 4, 1991 (Supp. 91-1). Section R18-9-402 renumbered from R18-9-202 and amended by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-403 Nitrogen Management General Permits: Concentrated Animal Feeding Operations

A. An owner or operator may discharge from a concentrated animal feeding operation without submitting a notice to the Director, if the owner or operator complies with the following best management practices:

Harvest, stockpile, and dispose of animal manure from a concentrated animal feeding operation to minimize discharge of any nitrogen pollutant by leaching and runoff;

2. Control and dispose of nitrogen-contaminated water resulting from an activity associated with a concentrated animal feeding operation, up to a 25-year, 24-hour storm event equivalent, to minimize the discharge of any nitrogen pollutant;

3. Following the requirements in subsection (B), construct and maintain a lining for an impoundment, used to contain process wastewater or contact stormwater from a concentrated animal feeding operation to minimize the discharge of any nitrogen pollutant; and

4. Close a facility in a manner that will minimize the discharge of any nitrogen pollutant. If a liner was used in an impoundment:

a. Remove liquids and any solid residue on the liner and dispose appropriately;

b. Inspect any synthetic liner for evidence of holes, tears, or defective seams that could have leaked. If evidence of leakage is discovered:

i. Remove the liner in the area of suspected leakage,

ii. Sample potentially impacted soil, and

iii. Properly dispose of impacted soil or restore to background nitrogen levels;

c. Cover the liner in place or remove it for disposal or reuse if the impoundment is an excavated impoundment,

d. Remove and dispose of the liner elsewhere if the impoundment is bermed;

e. Grade the facility to prevent the impoundment of water; and

f. Notify the Department within 60 days following closure.

B. Lining requirements for concentrated animal feeding operation impoundments.

1. New impoundments. The owner or operator shall:

a. Follow the NRCS guidelines for any newly constructed impoundment or an impoundment first used after November 12, 2005, and

b. Use a coefficient of permeability of 1 X 10-7 centimeters per second or less as acceptable liner performance. The owner or operator may include up to 1 order of magnitude reduction in permeability from manure sealing in impoundments that hold wastes having manure as a significant component.

2. Impoundments already in use.

a. The owner or operator shall maintain the existing seal for any impoundment first used before November 12, 2005.

b. If any of the following conditions exist at a concentrated animal feeding operation, the Director shall send a notice requiring the owner or operator to reassess the performance of the lining system:

i. The concentrated animal feeding operation is located within a Nitrogen Management Area designated under R18-9-A317; or

ii. Existing conditions or trends in nitrogen loading to an aquifer will cause or contribute to an exceedance of an Aquifer Water Quality Standard for a nitrogen pollutant at the point of compliance determined under A.R.S. § 49-244, based on the following information:

(1) Existing contamination of groundwater by nitrogen species;

(2) Existing and potential impact to groundwater by sources of nitrogen other than the concentrated animal feeding operation;

(3) Characteristics of the soil surface, vadose zone, and aquifer;

(4) Depth to groundwater;

(5) The estimated operational life of the impoundment;

(6) Location and characteristics of existing and potential drinking water supplies;

(7) Construction material and design of existing impoundment structure; and

(8) Any other information relevant to determining the severity of actual or potential nitrogen impact on the aquifer.

c. The owner or operator shall, within 90 days of the Director's notice, submit either:

i. A report to the Department demonstrating consistency with NRCS guidelines and the acceptable liner performance criteria established in subsection (B)(1)(b); or

ii. Plans and a schedule to upgrade the liner for the impoundment to meet the NRCS guidelines and the acceptable liner performance criteria in subsection (B)(1)(b). The Director may provide additional time for the submittal of the plans and a schedule for upgrade, if the owner or operator demonstrates that technical or financial assistance to develop the plans is needed.

d. Preliminary decision.

i. Within 90 days from the date of receipt, the Director shall review the report or the plans submitted under subsection (B)(2)(c) and provide to the owner or operator a preliminary decision on the submittal.

ii. The owner or operator may, within 30 days of the preliminary decision, submit written comments and supporting information to the Director on the preliminary decision.

iii. The Director shall evaluate any comments on the preliminary decision and supporting information and, within 90 days of receipt of the comments and information, make a final decision.

e. Final decision.

i. If the Director determines that the owner or operator has demonstrated that the lining system meets NRCS guidelines and the acceptable performance criteria in subsection (B)(1)(b), no additional action is necessary.

ii. If the Director approves the plans and schedules under subsection (B)(2)(c)(ii), the owner or operator shall implement the plans within the time-frame specified in the approved schedule.

iii. If the Director determines that the owner or operator failed to demonstrate that the lining system meets NRCS guidelines and the acceptable performance criteria in subsection (B)(1)(b) or that the schedule to upgrade the lining is not acceptable, the owner or operator shall upgrade the lining system within a time-frame specified by the Director.

iv. The owner or operator may appeal the Director's decision under A.R.S. Title 41, Chapter 6, Article 10.

Notification requirement. The owner or operator of any lined impoundment shall either:

a. Notify the Department of the type of liner that was used to line each impoundment by February 19 of each year following either:

i. The first use of an impoundment not used before November 12, 2005; or

ii. Completion of a liner upgrade required under this Section for an impoundment used before November 12, 2005; or

b. Include the information required in subsections (B)(3)(a)(i) and (ii) in the next annual report submitted for the AZPDES Concentrated Animal Feeding Operation General Permit, issued under 18 A.A.C. 9, Article 9, Part C.

History

• Adopted effective January 4, 1991 (Supp. 91-1). Section R18-9-403 renumbered from R18-9-203 and amended by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-404 Revocation of Coverage under a Nitrogen Management General Permit

A. The Director may revoke coverage under a nitrogen management general permit and require the permittee to obtain an individual permit under 18 A.A.C. 9, Article 2, if the Director determines that the permittee failed to comply with the best management practices under R18-9-403.

B. Notification.

1. If coverage under the nitrogen management general permit is revoked under subsection (A), the Director shall notify the permittee by certified mail of the decision according to the notification and hearing procedures in A.R.S. Title 41, Chapter 6, Article 10. The notification shall include:

a. A brief statement of the reason for the decision,

b. The effective revocation date of the general permit coverage, and

c. A statement of whether the discharge shall cease immediately or whether the discharge may continue until the individual permit is issued, and

If the Director requires a person to obtain an individual permit, the notification shall include:

a. An individual permit application form, and

b. A deadline between 90 and 180 days after receipt of the notification for filing the application.

C. When the Director issues an individual permit to an owner or operator of a facility covered under a nitrogen management general permit, the coverage under the nitrogen management general permit is superseded by the individual permit allowing the discharge.

History

• New Section made by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Article 5 GRAZING BEST MANAGEMENT PRACTICES

Ariz. Admin. Code § R18-9-501 Surface Water Quality General Grazing Permit

A. A person who engages in livestock grazing and applies any of the following voluntary best management practices to maintain soil cover and prevent accelerated erosion, nitrogen discharges, and bacterial impacts to surface water greater than the natural background amount is issued a Surface Water Quality General Grazing Permit:

1. Manages the location, timing, and intensity of grazing activities to help achieve Surface Water Quality Standards;

2. Installs rangeland improvements, such as fences, water developments, trails, and corrals to help achieve Surface Water Quality Standards;

3. Implements land treatments to help achieve Surface Water Quality Standards;

Implements supplemental feeding, salting, and parasite control measures to help achieve Surface Water Quality Standards.

B. The person to whom a permit is issued shall make the following information available to the Department, at the person's place of business, within 10 business days of Department notice:

1. The name and address of the person grazing livestock, and

2. The best management practices selected for livestock grazing.

History

• New Section made by final rulemaking at 7 A.A.R. 1768, effective April 5, 2001 (Supp. 01-2).

Article 7 USE OF RECYCLED WATER

Ariz. Admin. Code § R18-9-701 Renumbered

History

• Former Section R9-20-401 repealed, new Section R9-20-401 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-401 renumbered without change as Section R18-9-701 (Supp. 87-3). Amended by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-701 renumbered to R18-9-A701 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-702 Renumbered

History

• Former Section R9-20-402 repealed, new Section R9-20-402 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-402 renumbered without change as Section R18-9-702 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-702 renumbered to R18-9-A702 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-703 Renumbered

History

• Former Section R9-20-403 repealed, new Section R9-20-403 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-403 renumbered without change as Section R18-9-703 (Supp. 87-3). Editorial change to labels in subsection (c)(8) (Supp. 89-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-703 renumbered to R18-9-B701 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-704 Renumbered

History

• Former Section R9-20-404 repealed, new Section R9-20-404 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-404 renumbered without change as Section R18-9-704 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended by final rulemaking at 22 A.A.R. 1696, effective 8/12/2016. Section R18-9-704 and Table 1 renumbered to R18-9-B702 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-705 Renumbered

History

• Former Section R9-20-405 repealed, new Section R9-20-405 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-405 renumbered without change as Section R18-9-705 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-705 renumbered to R18-9-A703 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-706 Renumbered

History

• Former Section R9-20-406 repealed, new Section R9-20-406 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-406 renumbered without change as Section R18-9-706 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-706 renumbered to R18-9-B703 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-707 Renumbered

History

• Former Section R9-20-407 repealed, new Section R9-30-407 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-407 renumbered without change as Section R18-9-707 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-707 renumbered to R18-9-C701 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-708 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-708 renumbered to R18-9-A704 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-709 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-709 renumbered to R18-9-A705 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-710 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-710 renumbered to R18-9-A706 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-711 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-711 renumbered to R18-9-D701 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-712 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-712 renumbered to R18-9-B704 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-713 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-713 renumbered to R18-9-B705 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-714 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-714 renumbered to R18-9-B706 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-715 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-715 renumbered to R18-9-B707 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-716 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-716 renumbered to R18-9-B708 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-717 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-717 renumbered to R18-9-B709 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-718 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-718 renumbered to R18-9-B710 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-719 Renumbered

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section R18-9-719 renumbered to R18-9-D702 by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Ariz. Admin. Code § R18-9-720 [REPEALED]

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Section repealed by final rulemaking at 23 A.A.R. 3091, effective January 1, 2018 (Supp. 17-4).

Article 8 [REPEALED

Ariz. Admin. Code § R18-9-801 [REPEALED]

History

• Corrected A.R.S. reference (Supp. 77-3). Former Section R9-8-311 renumbered without change as Section R18-9-801 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-802 [REPEALED]

History

• Amended by adding subsections (N) through (R) effective June 8, 1981 (Supp. 81-3). Former Section R9-8-312 renumbered without change as Section R18-9-802 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-803 [REPEALED]

History

• Amended effective April 18, 1979 (Supp. 79-2). Amended by adding subsection (E) effective October 2, 1986 (Supp. 86-5). Former Section R9-8-313 renumbered without change as Section R18-9-803 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-804 [REPEALED]

History

• Amended effective April 18, 1979 (Supp. 79-2). Amended effective February 20, 1980 (Supp. 80-1). Amended by adding subsections (I) and (J) effective June 8, 1981 (Supp. 81-3). Amended subsections (A), (F) and (H) effective October 2, 1986 (Supp. 86-5). Former Section R9-8-314 renumbered without change as Section R18-9-804 (Supp. 87-3). Amended effective July 25, 1990 (Supp. 90-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-805 [REPEALED]

History

• Adopted effective April 18, 1979 (Supp. 79-2). Amended effective October 2, 1986 (Supp. 86-5). Former Section R9-8-315 renumbered without change as Section R18-9-805 (Supp. 87-3). Amended effective July 25, 1990 (Supp. 90-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-806 [REPEALED]

History

• Adopted effective October 2, 1986 (Supp. 86-5). Former Section R9-8-317 renumbered without change as Section R18-9-806 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-807 [REPEALED]

History

• Former Section R9-8-321 renumbered without change as Section R18-9-807 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-808 [REPEALED]

History

• Former Section R9-8-323 renumbered without change as Section R18-9-808 (Supp. 87-3). Amended effective July 25, 1990 (Supp. 90-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-809 [REPEALED]

History

• Former Section R9-8-324 renumbered without change as Section R18-9-809 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-810 [REPEALED]

History

• Former Section R9-8-325 renumbered without change as Section R18-9-810 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-811 [REPEALED]

History

• Former Section R9-8-326 repealed, new Section R9-8-326 adopted effective October 2, 1986 (Supp. 86-5). Former Section R9-8-326 renumbered without change as Section R18-9-811 (Supp. 87-3). First entry in Historical Note corrected to reflect Section numbers at time of rule repeal and adoption by changing R18-9-326 to R9-8-326 (Supp. 96-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-812 [REPEALED]

History

• Former Section R9-8-327 renumbered without change as Section R18-9-812 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-813 [REPEALED]

History

• Amended effective April 18, 1979 (Supp. 79-2). Former Section R9-8-329 renumbered without change as Section R18-9-813 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-814 [REPEALED]

History

• Former Section R9-8-331 renumbered without change as Section R18-9-814 (Supp. 87-3). Amended effective October 19, 1989 (Supp. 89-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-815 [REPEALED]

History

• Former Section R9-8-332 renumbered without change as Section R18-9-815 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-816 [REPEALED]

History

• Former Section R9-8-351 renumbered without change as Section R18-9-816 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-817 [REPEALED]

History

• Former Section R9-8-352 renumbered without change as Section R18-9-817 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-818 [REPEALED]

History

• Former Section R9-8-353 renumbered without change as Section R18-9-818 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Ariz. Admin. Code § R18-9-819 [REPEALED]

History

• Former Section R9-8-361 renumbered without change as Section R18-9-819 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4).

Article 10 ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM - DISPOSAL, USE, AND TRANSPORTATION OF BIOSOLIDS

Ariz. Admin. Code § R18-9-1001 Definitions

1. "Aerobic digestion" means the biochemical decomposition of organic matter in biosolids into carbon dioxide and water by microorganisms in the presence of air.

2. "Agronomic rate" means the whole biosolids application rate on a dry-weight basis that meets the following conditions:

a. The amount of nitrogen needed by existing vegetation or a planned or actual crop has been provided, and

b. The amount of nitrogen that passes below the root zone of the crop or vegetation is minimized.

3. "Anaerobic digestion" means the biochemical decomposition of organic matter in biosolids into methane gas and carbon dioxide by microorganisms in the absence of air.

4. "Annual biosolids application rate" means the maximum amount of biosolids (dry-weight basis) that can be applied to an acre or hectare of land during a 365-day period.

5. "Annual pollutant loading rate" means the maximum amount of a pollutant that can be applied to an acre or hectare of land during a 365-day period.

"Applicator" means a person who arranges for and controls the site-specific land application of biosolids in Arizona.

7. "Biosolids" means sewage sludge, including exceptional quality biosolids, that is placed on, or applied to the land to use the beneficial properties of the material as a soil amendment, conditioner, or fertilizer. Biosolids do not include any of the following:

a. Sludge determined to be hazardous under A.R.S. Title 49, Chapter 5, Article 2 and 40 CFR 261 ;

b. Sludge with a concentration of polychlorinated biphenyls (PCBs) equal to or greater than 50 milligrams per kilogram of total solids (dry-weight basis);

c. Grit (for example, sand, gravel, cinders, or other materials with a high specific gravity) or screenings generated during preliminary treatment of domestic sewage by a treatment works;

d. Sludge generated during the treatment of either surface water or groundwater used for drinking water;

e. Sludge generated at an industrial facility during the treatment of industrial wastewater, including industrial wastewater combined with domestic sewage;

f. Commercial septage, industrial septage, or domestic septage combined with commercial or industrial septage; or

g. Special wastes as defined and controlled under A.R.S. Title 49, Chapter 4, Article 9.

8. "Bulk biosolids" means biosolids that are transported and land-applied in a manner other than in a bag or other container holding biosolids of 1.102 short tons or 1 metric ton or less.

9. "Class I sludge management facility" means any POTW identified under 40 CFR 403.8(a) as being required to have an approved pretreatment program (including a POTW for which the Department assumes local program responsibilities under 40 CFR 403.10(e)) and any other treatment works treating domestic sewage classified as a Class I sludge management facility by the regional administrator in conjunction with the Director or by the Director because of the potential for its sludge use or disposal practices to adversely affect public health or the environment.

10. "Clean water act" means the federal water pollution control act amendments of 1972, as amended ( P.L. 92-500; 86 Stat. 816; 33 United States Code sections 1251 through 1376). A.R.S. 49-201(6).

11. "Coarse fragments" means rock particles in the gravel-size range or larger.

12. "Coarse or medium sands" means a soil mixture of which more than 50% of the sand fraction is retained on a No. 40 (0.425 mm) sieve.

13. "Cumulative pollutant loading rate" means the maximum amount of a pollutant applied to a land application site.

14. "Domestic septage" means the liquid or solid material removed from a septic tank, cesspool, portable toilet, marine sanitation device, or similar system or device that receives only domestic sewage. Domestic septage does not include commercial or industrial wastewater or restaurant grease-trap wastes.

15. "Domestic sewage" means waste or wastewater from humans or household operations that is discharged to a publicly or privately owned treatment works. Domestic sewage also includes commercial and industrial wastewaters that are discharged into a publicly-owned or privately-owned treatment works if the industrial or commercial wastewater combines with human excreta and other household and nonindustrial wastewaters before treatment.

16. "Dry-weight basis" means the weight of biosolids calculated after the material has been dried at 105° C until reaching a constant mass.

17. "Exceptional quality biosolids" means biosolids certified under R18-9-1013(A)(6) as meeting the pollutant concentrations in R18-9-1005 Table 2, Class A pathogen reduction in R18-9-1006, and one of the vector attraction reduction requirements in subsections R18-9-1010(A)(1) through R18-9-1010(A)(8).

18. "Feed crops" means crops produced for animal consumption.

19. "Fiber crops" means crops grown for their physical characteristics. Fiber crops, including flax and cotton, are not produced for human or animal consumption.

20. "Food crops" means crops produced for human consumption.

21. "Gravel" means soil predominantly composed of rock particles that will pass through a 3-inch (75 mm) sieve and be retained on a No. 4 (4.75 mm) sieve.

22. "Industrial wastewater" means wastewater that is generated in a commercial or industrial process.

23. "Land application," "apply biosolids," or "biosolids applied to the land" means spraying or spreading biosolids on the surface of the land, injecting biosolids below the land's surface, or incorporating biosolids into the soil to amend, condition, or fertilize the soil.

24. "Monthly average" means the arithmetic mean of all measurements taken during a calendar month.

25. "Municipality" means a city, town, county, district, association, or other public body, including an intergovernmental agency of two or more of the foregoing entities created by or under state law. The term includes special districts such as a water district, sewer district, sanitary district, utility district, drainage district, or similar entity that has as one of its principal responsibilities, the treatment, transport, use, or disposal of biosolids.

26. "WOTUS" means the waters of the United States as defined by section 502(7) of the clean water act (33 United States Code section 1362(7)). A.R.S. § 49- 201(53) .

27. "Other container" means a bucket, bin, box, carton, trailer, pickup truck bed, or a tanker vehicle or an open or closed receptacle with a load capacity of 1.102 short tons or one metric ton or less.

28. "Pathogen" means a disease-causing organism.

"Person" means an individual, employee, officer, managing body, trust, firm, joint stock company, consortium, public or private corporation, including a government corporation, partnership, association or state, a political subdivision of this state, a commission, the United States government or a federal facility, interstate body or other entity. A.R.S. § 49201(33) .

"Person who prepares biosolids" means a person who generates biosolids during the treatment of domestic sewage in a treatment works, packages biosolids, or derives a new product from biosolids either through processing or by combining it with another material, including blending several biosolids together.

31. "pH" means the logarithm of the reciprocal of the hydrogen ion concentration.

32. "Pollutant" means an organic substance, an inorganic substance, a combination of organic and inorganic substances, or a pathogenic organism that, after release into the environment and upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through the food chain, could cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunction in reproduction), or physical deformities in either organisms or reproduced offspring.

33. "Pollutant limit" means:

a. A numerical value that describes the quantity of a pollutant allowed in a unit of biosolids such as milligrams per kilogram of total solids,

b. The quantity of a pollutant that can be applied to a unit area of land such as kilograms per hectare, or

c. The volume of biosolids that can be applied to a unit area of land such as gallons per acre.

34. "Privately owned treatment works" means a device or system owned by a non-governmental entity used to treat, recycle, or reclaim, either domestic sewage or a combination of domestic sewage and industrial waste that is generated off-site.

35. "Public contact site" means a park, sports field, cemetery, golf course, plant nursery, or other land with a high potential for public exposure to biosolids.

36. "Reclamation" means the use of biosolids to restore or repair construction sites, active or closed mining sites, landfill caps, or other drastically disturbed land.

37. "Responsible official" means a principal corporate officer, general partner, proprietor, or, in the case of a municipality, a principal executive official or any duly authorized agent.

38. "Runoff" means rainwater, leachate, or other liquid that drains over any part of a land surface and runs off of the land surface.

39. "Sand" means soil that contains more than 85% grains in the size range that will pass through a No. 4 (4.75 mm) sieve and be retained on a No. 200 (0.075 mm) sieve.

40. "Sewage sludge":

(a) Means solid, semisolid or liquid residue that is generated during the treatment of domestic sewage in a treatment works.

(b) Includes domestic septage, scum or solids that are removed in primary, secondary or advanced wastewater treatment processes, and any material derived from sewage sludge.

(c) Does not include ash that is generated during the firing of sewage sludge in a sewage sludge incinerator or grit and screenings that are generated during preliminary treatment of domestic sewage in a treatment works. A.R.S. § 49-255(6)

41. "Sewage sludge unit" means land on which only sewage sludge is placed for final disposal. This does not include land on which sewage sludge is either stored or treated. Land does not include navigable waters.

42. "Specific oxygen uptake rate (SOUR)" means the mass of oxygen consumed per unit time per unit mass of total solids (dry-weight basis) in biosolids.

43. "Store biosolids" or "storage of biosolids" means the temporary holding or placement of biosolids on land before land application.

44. "Surface disposal site" means an area of land that contains one or more active sewage sludge units.

45. "Ton" means a net weight of 2000 pounds and is known as a short ton.

46. "Total solids" means the biosolids material that remains when sewage sludge is dried at 103° C to 105° C.

47. "Treatment of biosolids" means the thickening, stabilization, dewatering, and other preparation of biosolids for land application. Storage is not a treatment of biosolids.

48. "Unstabilized solids" means the organic matter in biosolids that has not been treated or reduced through an aerobic or anaerobic process.

49. "Vectors" means rodents, flies, mosquitoes, or other organisms capable of transporting pathogens.

50. "Volatile solids" means the amount of total solids lost when biosolids are combusted at 550° C in the presence of excess air.

51. "Wetlands" means those areas that are inundated or saturated by surface water or groundwater at a frequency and duration to support, and do under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, cienegas, tinajas, and similar areas.

History

• New Section recodified from R18-13-1502at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-1002 Applicability and Prohibitions

A. This Article applies to:

1. Any person who:

a. Prepares biosolids for land application or disposal in a sewage sludge unit or in an incinerator,

b. Transports biosolids for land application or incineration, or disposal in a sewage sludge unit,

c. Applies biosolids to the land,

d. Owns or operates a sewage sludge unit,

e. Owns or leases land to which biosolids are applied, or

f. Owns or operates an incinerator that fires sewage sludge,

2. Biosolids applied to the land or placed on a surface disposal site,

3. Land where biosolids are applied, and

A surface disposal site.

B. The land application of biosolids in a manner consistent with this Article is exempt from the requirements of the aquifer protection program established under A.R.S. Title 49, Chapter 2, Article 3 and 18 A.A.C. 9, Articles 1, 2, and 3.

C. Except as provided in subsection (D), the land application of biosolids in a manner that is not consistent with Articles 9 and 10 of this Chapter is prohibited.

D. The Department may permit the land application of biosolids in a manner that differs from the requirements in R18-9-1007 and R18-9-1008 if the land application is permitted under the aquifer protection permit program established under A.R.S. Title 49, Chapter 2, Article 3, and 18 A.A.C. 9, Articles 1, 2, and 3.

E. Surface disposal site.

1. Any person who prepares biosolids that are placed in a sewage sludge unit, or places biosolids in a sewage sludge unit, or who owns or operates a biosolids surface disposal site shall comply with 40 CFR 503, Subpart C, which is incorporated by reference in R18-9-A905(A)(9), and

a. The pathogen reduction requirements in R1 8-9-1006, and

b. The vector attraction reduction requirements in R1 8-9-1010.

2. In addition to the requirements under subsection (E)(1), any person who owns or operates a biosolids surface disposal site shall apply for, and obtain, a permit under 18 A.A.C. 9, Articles 1 and 2.

F. A person shall not apply bulk biosolids to the land or place bulk biosolids in a surface disposal site or fire sewage sludge in a sewage sludge incinerator if the biosolids are likely to adversely affect a threatened or endangered species as listed under section 4 of the Endangered Species Act (16 U.S.C. 1533), or its designated critical habitat as defined in 16 U.S.C. 1532.

G. A person incinerating biosolids shall comply with the requirements set out in 40 CFR Part 503, Subpart E, July 1, 2013 edition, which is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 West Washington Street, Phoenix, Arizona 85007 or may be obtained from the U.S. General Printing office at http://www.gpo.gov/fdsys/browse/collectionCfr.action?collectionCode=CFR.

History

• New Section recodified from R18-13-1501 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4). Amended by Final rulemaking at 21 A.A.R. 751, effective 7/4/2015.

Ariz. Admin. Code § R18-9-1003 General Requirements

A. A person shall not use or transport biosolids, apply biosolids to land, or place biosolids on a surface disposal site in Arizona, except as established in this Article.

B. The management practices in R18-9-1007 and R18-9-1008 do not apply if biosolids are exceptional quality biosolids.

C. The applicator shall obtain, submit to the Department, and maintain the information required to comply with the requirements of this Article.

D. The applicator shall not receive bulk biosolids without prior written confirmation of the filing of a "Request for Registration" under R18-9-1004.

E. The land owner or lessee of land on which bulk biosolids, that are not exceptional quality biosolids, have been applied shall notify any subsequent land owner and lessee of all previous land applications of biosolids and shall disclose any site restrictions listed in R18-9-1009 that are in effect at the time the property is transferred.

F. A person who prepares biosolids shall ensure that the applicable requirements in this Article are met when the biosolids are applied to the land or placed on a surface disposal site.

G. If necessary to protect public health and the environment from any adverse effect of a pollutant in the biosolids, the Department may impose, on a case-by-case basis, requirements for the use or disposal of biosolids, including exceptional quality biosolids, in addition to, or more stringent than, the requirements in this Article. The Department shall notify the preparer, applier, or land owner of these requirements by letter and include the justification for the requirements and the length of time or applicability for the requirements.

History

• New Section recodified from R18-13-1503 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1004 Applicator Registration, Bulk Biosolids

A. Any person intending to land-apply bulk biosolids in Arizona shall submit, on a form provided by the Department, a completed "Request for Registration."

B. An applicator shall not engage in land application of bulk biosolids, unless the applicator has obtained a prior written acknowledgment of the Request for Registration or a supplemental request from the Department.

C. The Request for Registration for all biosolids, except exceptional quality biosolids, shall include:

1. The name, address, and telephone number of the applicator and any agent of the applicator;

2. The name and telephone number of a primary contact person who has specific knowledge of the land application activities of the applicator;

3. Whether the applicator holds a NPDES or AZPDES permit, and, if so, the permit number;

4. The identity of the person, if different from the applicator, including the NPDES or AZPDES permit number, who will prepare the biosolids for land application; and

5. The following information, unless the information is already on file at the Department as part of an approved land application plan, for each site on which application is anticipated to take place:

a. The name, mailing address, and telephone number of the land owner and lessee, if any;

b. The physical location of the site by county;

c. The legal description of the site, including township, range, and section, or latitude and longitude at the center of each site;

d. The number of acres or hectares at each site to be used;

e. Except for sites described in R18-9-1005(D)(2)(c), background concentrations of the pollutants listed in Table 4 of R18-9-1005 from representative soil samples;

f. The location of any portion of the site having a slope greater than 6%; and

g. Public notice. Proof of placement of a public notice announcing the potential use of the site for the application of biosolids when a site has not previously received biosolids, or when a site has not been used for land application for at least three consecutive years.

i. The notice shall appear at least once each week for at least two consecutive weeks in the largest newspaper in general circulation in the area in which the site is located.

ii. If a site is not used for land application for at least three consecutive years, the applicator shall renotice the site following the process described in subsection (C)(5)(g)(i) before its reuse.

D. The Request for Registration for exceptional quality biosolids shall include the information in subsections (C)(1) through (C)(4).

E. A responsible official of the applicator shall sign the Request for Registration.

F. The Department shall mail a written acknowledgment of a Request for Registration or supplemental request, within 15 business days of receipt of the request.

G. An applicator wishing to use a site that has not been identified in a Request for Registration shall file a supplemental request with the Department before using the new site. Public notice requirements under R18-9-1004(C)(5)(g) apply.

History

• New Section recodified from R18-13-1504 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1005 Pollutant Concentrations

A. A person shall not apply biosolids with pollutant concentrations that exceed any of the ceiling concentrations established in Table 1.

B. A person shall not apply biosolids sold or given away in a bag or other container that are not exceptional quality biosolids to a site if any annual pollutant loading rate in Table 3 will be exceeded. A person shall determine annual application rates using the methodology established in Appendix A.

C. A person shall not apply bulk biosolids to a lawn or garden unless the biosolids are exceptional quality biosolids.

D. Unless using exceptional quality biosolids, a person shall not apply bulk biosolids to a site when:

1. The pollutant concentrations exceed the levels in Table 2, or

Any cumulative pollutant loading rate in Table 4 will be exceeded. A person shall determine compliance with the site cumulative pollutant loading rates using the following:

a. By identifying all known biosolids application events and information relevant to a site since September 13, 1979.

b. By calculating the existing cumulative level of the pollutants established in Table 4 using actual analytical data from the application events or if actual analytical data from application events before April 1996 are not available, background concentrations determined by taking representative soil samples of the site, if it is known that the site received biosolids before April 1996.

c. Background soil tests are not required for those sites that have not received biosolids before April 23, 1996.

Table 1. Ceiling Concentrations

| Pollutant | Ceiling concentrations (milligrams per kilogram) (1) | | --- | --- | | Arsenic | 75.0 | | Cadmium | 85.0 | | Chromium | 3000.0 | | Copper | 4300.0 | | Lead | 840.0 | | Mercury | 57.0 | | Molybdenum | 75.0 | | Nickel | 420.0 | | Selenium | 100.0 | | Zinc | 7500.0 |

(1) Dry-weight basis.

Table 2. Monthly Average Pollutant Concentrations

| Pollutant | Concentration limits (milligrams per kilogram) (1) | | --- | --- | | Arsenic | 41.0 | | Cadmium | 39.0 | | Copper | 1500.0 | | Lead | 300.0 | | Mercury | 17.0 | | Nickel | 420.0 | | Selenium | 100.0 | | Zinc | 2800.0 |

(1) Dry-weight basis.

Table 3. Annual Pollutant Loading Rates

| Pollutant | Annual pollutant loading rates (in kilograms per hectare) | | --- | --- | | Arsenic | 2.0 | | Cadmium | 1.9 | | Copper | 75.0 | | Lead | 15.0 | | Mercury | 0.85 | | Nickel | 21.0 | | Selenium | 5.0 | | Zinc | 140.0 |

Table 4. Cumulative Pollutant Loading Rates

| Pollutant | Cumulative pollutant loading rates (in kilograms per hectare) | | --- | --- | | Arsenic | 41.0 | | Cadmium | 39.0 | | Copper | 1500.0 | | Lead | 300.0 | | Mercury | 17.0 | | Nickel | 420.0 | | Selenium | 100.0 | | Zinc | 2800.0 |

History

• New Section recodified from R18-13-1505 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1006 Class A and Class B Pathogen Reduction Requirements

A. An applicator shall ensure that all biosolids applied to land meet Class A or Class B pathogen reduction requirements at the time the biosolids are:

1. Placed on an active sewage sludge unit unless the biosolids are covered with soil or other material at the end of each operating day, or

2. Land applied.

B. Biosolids that are sold or given away in a bag or other container for land application, or that are applied on a lawn or home garden, shall meet the Class A pathogen reduction requirements established in subsection (D).

C. Land on which biosolids with Class B pathogen reduction requirements are applied is subject to the use restrictions established in R18-9-1009.

D. Biosolids satisfy the Class A pathogen reduction requirements when the density of fecal coliform is less than 1000 Most Probable Number per gram of total solids (dry-weight basis), or the density of Salmonella sp. bacteria is less than three Most Probable Number per four grams of total solids (dry-weight basis), and any one of the following alternative pathogen treatment options is used:

1. Alternative 1. The pathogen treatment process meets one of the following time and temperature requirements:

a. When the percent solids of the biosolids are seven percent or greater, the temperature of the biosolids shall be held at 50° C or higher for at least 20 minutes. The temperature and time period is determined using the equation in subsection (D)(1)(b), except when small particles of the biosolids are heated by either warmed gases or an immiscible liquid;

b. When the percent solids of the biosolids are seven percent or greater, and small particles of the biosolids are heated by either warmed gases or an immiscible liquid, a temperature of 50° C or higher shall be held for 15 seconds or longer. The temperature and time period is determined using the following equation:

Click here to view Image

D = time in days, and

t = temperature in degrees Celsius;

c. When the percent solids of the biosolids are less than seven percent, the temperature of the biosolids is 50° C or higher and the time period is 30 minutes or longer. The temperature and time period shall be determined using the following equation:

Click here to view Image

D = time in days, and

t = temperature in degrees Celsius; or

d. When the percent solids of the biosolids are less than seven percent, and the time of heating is at least 15 seconds, but less than 30 minutes, the time and temperature is determined using the following equation:

Click here to view Image

D = time in days, and

t = temperature in degrees Celsius.

2. Alternative 2. The pathogen treatment process meets all the following parameters:

a. The pH of the quantity of biosolids treated is raised to 12 or higher and held at least 72 hours;

b. During the period that the pH is above 12, the temperature of the biosolids is held above 52° C for at least 12 hours; and

c. At the end of the 72-hour period during which the pH is above 12, the biosolids are air dried to achieve a percent solids in the biosolids greater than 50%.

3. Alternative 3. The following conditions are met:

a. The biosolids, before pathogen treatment and until the next monitoring event, have an enteric virus density less than one plaque-forming unit for four grams of total solids (dry-weight basis);

b. The biosolids, before pathogen treatment and until the next monitoring event, have a viable helminth ova density less than one for four grams of total solids (dry-weight basis); and

c. Once the density requirements in subsections (D)(3)(a) and (D)(3)(b) are consistently met after pathogen treatment and the values and ranges of the pathogen treatment process used are documented, the biosolids continue to be Class A with respect to enteric viruses and viable helminth ova when the values for the pathogen treatment process operating parameters are consistent with the previously documented values or ranges of values.

4. Alternative 4. The following requirements are met at the time the biosolids are used or disposed or at the time the biosolids are prepared for sale or given away in a bag or other container for application to the land:

a. The biosolids have an enteric virus density less than one plaque-forming unit for four grams of total solids (dry-weight basis), and

b. The biosolids have a viable helminth ova density less than one for four grams of total solids (dry-weight basis).

5. Alternative 5. Composting.

a. Use either the within-vessel or the static-aerated-pile composting method, maintaining the temperature of the biosolids at 55° C or higher for three days; or

b. Use the windrow composting method, maintaining the temperature of the biosolids at 55° C or higher for at least 15 days. The windrow shall be turned at least five times when the compost is maintained at 55° C or higher.

6. Alternative 6. Heat drying. The biosolids are dried by direct or indirect contact with hot gases to reduce the moisture content to 10% or lower by weight. During the process:

a. The temperature of the sewage sludge particles shall exceed 80° C, or

b. The wet bulb temperature of the gas as the biosolids leave the dryer shall exceed 80° C.

7. Alternative 7. Heat treatment. The quantity of liquid biosolids treated are heated to a temperature of 180° C or higher for at least 30 minutes.

8. Alternative 8. Thermophilic aerobic digestion. Liquid biosolids are agitated with air or oxygen to maintain aerobic conditions and the mean cell residence time of the biosolids is 10 days at 55 ° to 60° C.

9. Alternative 9. Beta ray irradiation. Biosolids are irradiated with beta rays from an accelerator at dosages of at least 1.0 megarad at room temperature (approximately 20° C).

Alternative 10. Gamma ray irradiation. Biosolids are irradiated with gamma rays from certain isotopes, such as ⁶⁰ Cobalt and ¹³⁷ Cesium at dosages of at least 1.0 megarad at room temperature (approximately 20° C).

11. Alternative 11. Pasteurization. The temperature of the biosolids is maintained at 70° C or higher for at least 30 minutes.

12. Alternative 12. The Director shall approve another process if the process is equivalent to a Process to Further Reduce Pathogens specified in subsections (D)(5) through (D)(11), as determined by the EPA Pathogen Equivalency Committee.

E. Biosolids satisfy the Class B pathogen reduction requirements when the biosolids meet any one of the following options:

1. Alternative 1. The geometric mean of the density of fecal coliform in seven representative samples is less than either 2,000,000 Most Probable Number per gram of total solids (dry-weight basis), or 2,000,000 colony forming units per gram of total solids (dry-weight basis);

2. Alternative 2. Air drying. The biosolids are dried on sand beds or paved or unpaved basins for at least three months. During at least two of the three months, the ambient average daily temperature is above 0° C;

3. Alternative 3. Lime stabilization. Sufficient lime is added to the biosolids to raise the pH of the biosolids to 12 after at least two hours of contact;

4. Alternative 4. Aerobic digestion. The biosolids are agitated with air or oxygen to maintain aerobic conditions for a specific mean cell residence time at a specific temperature between 40 days at 20° C and 60 days at 15° C;

5. Alternative 5. Anaerobic digestion. The biosolids are treated in the absence of air for a specific mean cell residence time at a specific temperature between 15 days at 35° C to 55° C and 60 days at 20° C;

6. Alternative 6. Composting. Using the within-vessel, static-aerated-pile or windrow composting methods, the temperature of the biosolids is raised to 40° C or higher for five consecutive days. For at least four hours during the five days, the temperature in the compost pile exceeds 55° C; or

7. Alternative 7. The Director shall approve another process if it is equivalent to a Process to Significantly Reduce Pathogens specified in subsections (E)(2) through (E)(6), as determined by the EPA Pathogen Equivalency Committee.

History

• New Section recodified from R18-13-1506 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1007 Management Practices and General Requirements

A. An applicator of bulk biosolids that are not exceptional quality biosolids shall comply with the following management practices at each land application site, except a site where bulk biosolids are applied for reclamation. The applicator shall not:

1. Apply bulk biosolids to soil with a pH less than 6.5 at the time of the application, unless the biosolids are treated under one of the procedures in subsections R18-9-1006(D)(2), R18-9-1006(E)(3), or R18-9-1010(A)(6), or the soil and biosolids mixture has a pH of 6.5 or higher immediately after land application;

2. Apply bulk biosolids to land with slopes greater than 6%, unless the site is operating under an AZPDES permit or a permit issued under section 402 of the Clean Water Act (33 U.S.C. 1342);

3. Apply bulk biosolids to land under the following conditions:

a. Bulk biosolids with Class A pathogen reduction. If the depth to groundwater is five feet (1.52 meters) or less;

b. Bulk biosolids with Class B pathogen reduction.

i. If the depth to groundwater is 10 feet (3.04 meters) or less; or

ii. To gravel, coarse or medium sands, or sands with less than 15% coarse fragments, if the depth to groundwater is 40 feet (12.2 meters) or less from the point of application of biosolids;

Apply bulk biosolids to land that is 32.8 feet (10 meters) or less from navigable waters;

5. Store or apply bulk biosolids closer than 1000 feet (305 meters) from a public or semi-public drinking water supply well or no closer than 250 feet (76.2 meters) from any other water well;

6. Store or apply bulk biosolids within 25 feet (7.62 meters) of a public right-of-way or private property line unless the applicator receives permission to apply bulk biosolids from the land owner or lessee of the adjoining property;

7. Apply bulk biosolids at an application rate greater than the agronomic rate of the vegetation or crop grown on the site;

8. Apply domestic septage or any other bulk biosolids with less than 10% solids at a rate that exceeds the annual application rate, calculated in gallons per acre for a 365-day period by dividing the amount of nitrogen needed by the crop or vegetation grown on the land, in pounds per acre per 365-day period, by 0.0026;

9. Apply bulk biosolids to land that is flooded, frozen, or snow-covered, so that the bulk biosolids enter a wetland or other navigable waters, except as provided in an AZPDES permit or a permit issued under section 402 of the Clean Water Act (33 U.S.C. 1342);

10. Apply any additional bulk biosolids before a crop is grown on the site if the site has received biosolids containing nitrogen at the equivalent of the agronomic rate appropriate for that crop;

11. Exceed the irrigation needs of the crop of an application site;

12. To minimize odors, apply bulk biosolids within 1000 feet (305 meters) of a dwelling unless the biosolids are injected or incorporated into the soil within 10 hours of being applied; or

13. Store bulk biosolids within 1000 feet (305 meters) of a dwelling unless the applicator obtains permission from the dwelling owner or lessee to store the biosolids at a shorter distance from the dwelling. If the dwelling owner or lessee changes, the applicator shall obtain permission from the new dwelling owner or lessee to continue to store the bulk biosolids within 1000 feet of the dwelling or move the biosolids to a location at least 1000 feet from the dwelling.

B. If biosolids are placed in a bag or other container, the person who prepares the biosolids shall distribute a label or information sheet to the person receiving the material. This label or information sheet shall, at a minimum, contain the following information:

1. The identity and address of the person who prepared the biosolids;

Instructions on the proper use of the material, including agronomic rates and an annual application rate that ensures that the annual pollutant rates established in R18-9-1005 are not exceeded; and

3. A statement that application of biosolids to the land shall not exceed application rates described in the instructions on the label or information sheet.

History

• New Section recodified from R18-13-1507 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1008 Management Practices, Application of Biosolids to Reclamation Sites

A. An applicator of bulk biosolids that are not exceptional quality biosolids shall comply with the following management practices at each land application site where the bulk biosolids are applied for reclamation. The applicator shall not:

1. Apply bulk biosolids unless the soil and biosolids mixture has a pH of 5.0 or higher immediately after land application;

2. Apply bulk biosolids to land with slopes greater than 6% unless:

a. The site is operating under an AZPDES permit or a permit issued under section 402 (33 U.S.C. 1342) or 404 (33 U.S.C. 1344) of the Clean Water Act;

b. The site is reclaimed as specified under A.R.S. Title 27, Chapter 5, and controls are in place to prevent runoff from leaving the application area; or

c. Runoff from the site does not reach navigable waters;

Apply bulk biosolids to land under the following conditions:

a. Bulk biosolids with Class A pathogen reduction. To land if the depth to groundwater is 5 feet (1.52 meters) or less;

b. Bulk biosolids with Class B pathogen reduction.

i. To land if the depth to groundwater is 10 feet (3.04 meters) or less; and

ii. To gravel, coarse or medium sands, or sands with less than 15% coarse fragments if the depth to groundwater is 40 feet (12.2 meters) or less from the point of application of biosolids;

Apply bulk biosolids to land that is 32.8 feet (10 meters) or less from navigable waters;

5. Store or apply bulk biosolids closer than 1000 feet (305 meters) from a public or semi-public drinking water supply well, unless the applicator justifies and the Department approves a shorter distance, or apply bulk biosolids closer than 250 feet (76.2 meters) from any other water well;

6. Store or apply bulk biosolids within 1000 feet (305 meters) of a public right-of-way or private property line unless the applicator receives permission to apply bulk biosolids from the land owner or lessee of the adjoining property;

7. Exceed a total of 150 dry tons per acre to any portion of a reclamation site if bulk biosolids are applied;

8. Apply bulk biosolids with less than 10% solids;

9. Apply bulk biosolids to land that is flooded, frozen, or snow-covered so that the bulk biosolids enter a wetland or other navigable waters, except as provided in an AZPDES permit or a permit issued under section 402 (33 U.S.C. 1342) or 404 (33 U.S.C. 1344) of the Clean Water Act;

10. Apply more water than necessary to control dust and establish vegetation; and

11. Apply bulk biosolids within 1000 feet (305 meters) of a dwelling unless the biosolids are injected or incorporated into the soil within 10 hours of being applied.

12. Store bulk biosolids within 1000 feet (305 meters) of a dwelling unless the applicator obtains permission from the dwelling owner or lessee to store the biosolids at a shorter distance from the dwelling. If the dwelling owner or lessee changes, the applicator shall obtain permission from the new dwelling owner or lessee to continue to store the bulk biosolids within 1000 feet of the dwelling or move the biosolids to a location at least 1000 feet from the dwelling.

B. The requirements of R18-9-1007(B) apply if biosolids placed in a bag or other container are used to reclaim a site.

History

• New Section recodified from R18-13-1508 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Section R18-9-1008 renumbered to R18-9-1009; new Section R18-9-1008 made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1009 Site Restrictions

A. The following site restrictions apply to land where biosolids, which do not meet the Class A pathogen reduction requirements established in R18-9-1006, are land-applied.

1. A person shall not:

a. Harvest food crop parts that touch the biosolids, or biosolids and soil mixture, but otherwise grow above the land's surface for 14 months following application;

b. Harvest food crop parts growing in or below the land's surface for 20 months following application if the biosolids remain unincorporated on the land's surface for four months or more;

c. Harvest food crop parts growing in or below the land's surface for 38 months following application if the biosolids remain on the land's surface for less than four months before incorporation;

d. Harvest food, feed, and fiber crops for 30 days after application;

e. Graze animals on the land for 30 days after application; or

f. Harvest turf to be used at a public contact site or private residence for one year after application.

2. A person shall restrict public access to:

a. Public contact sites for one year after application, and

b. Land with a low potential for public exposure for 30 days after application.

B. If the vector attraction reduction requirement is met using the method:

1. In R18-9-1010(C)(1) or R18-9-1010(C)(2), the requirements of subsection (A) apply to domestic septage applied to agricultural land, forests, or reclamation sites; or

2. In R18-9-1010(C)(3), the requirements of subsection (A)(1)(a) through (A)(1)(d) apply to domestic septage applied to agricultural land, forests, or reclamation sites.

C. Once application is completed at a site, the applicator shall, in writing, provide the land owner and lessee with the following information:

1. The cumulative pollutant loading at the site if it is greater than or equal to 90% of the available site capacity established in Table 4 of R18-9-1005;

2. Any restriction established in this Section that applies to the property and the nature of the restriction; and

3. The signature of a responsible official of the applicator on this document that includes the following statement:

"I certify under penalty of law, that the information is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for false representations, including fines and imprisonment."

D. The land owner or lessee shall provide each applicator with a signature indicating receipt of the site restriction statement.

History

• New Section recodified from R18-13-1509 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Section R18-9-1009 renumbered to R18-9-1010; new Section R18-9-1009 renumbered from R18-9-1008 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-1010 Vector Attraction Reduction

A. Except as provided in subsection (B), an applicator or person who prepares biosolids shall use one of the following vector attraction reduction procedures if biosolids are land-applied:

1. Reducing the mass of volatile solids by a minimum of 38% using the calculation procedures established in "Environmental Regulations and Technology -- Control of Pathogens and Vector Attraction in Sewage Sludge," EPA/625/R-92-013, published by the U.S. Environmental Protection Agency, Cincinnati, Ohio 45268, 1999 edition. This material is incorporated by reference, does not include any later amendments or editions of the incorporated matter, and is on file with the Department and the Office of the Secretary of State;

2. If the 38% volatile solids reduction cannot be met for anaerobically digested biosolids the reduction can be met by digesting a portion of the previously digested material anaerobically in a laboratory in a bench-scale unit for 40 additional days at a temperature between 30° C and 37° C. Vector attraction reduction is achieved if, at the end of the 40 days, the volatile solids in the material at the beginning of the period are reduced by less than 17%;

3. If the 38% volatile solids reduction cannot be met for aerobically digested biosolids, the reduction can be met by digesting a portion of the previously digested material, which has a percent solids of 2% or less, aerobically in a laboratory in a bench-scale unit for 30 additional days at 20° C. Vector attraction reduction is achieved if, at the end of the 30 days, the volatile solids in the material at the beginning of the period are reduced by less than 15%;

4. Treat the biosolids in an aerobic process during which the specific oxygen uptake rate (SOUR) is equal to or less than 1.5 milligrams of oxygen per hour per gram of total solids (dry-weight basis) at 20° C;

5. Treat the biosolids in an aerobic process for 14 days or longer, during which the temperature of the biosolids is higher than 40° C and the average temperature of the biosolids is higher than 45° C;

6. Raising the pH of the biosolids to 12 or higher by alkali addition and, without the addition of more alkali, remain at 12 or higher for two hours and at 11.5 or higher for an additional 22 hours;

7. The percent solids of the biosolids that do not contain unstabilized solids generated in a primary wastewater treatment process is equal to or greater than 75% based on the moisture content and total solids before mixing with other materials;

8. The percent solids of the biosolids containing unstabilized solids generated in a primary wastewater treatment process are equal to or greater than 90% based on the moisture content and total solids before mixing with other materials;

9. Injecting the biosolids below the surface of the land so that no significant amount of biosolids is present on the land surface one hour after injection. If the biosolids meet Class A pathogen reduction, injection shall occur within eight hours after being discharged from a Class A pathogen treatment process; or

10. Incorporating the biosolids into the soil within six hours after application. If the biosolids meet Class A pathogen reduction, application shall occur within eight hours after being discharged from a Class A pathogen treatment process.

B. Biosolids that are sold or given away in a bag or other container, or are applied to a lawn or home garden, shall meet one of the vector attraction reduction alternatives established in subsections (A)(1) through (A)(8).

C. For domestic septage, vector attraction reduction is met by one of the following methods:

1. By injecting as specified in subsection (A)(9);

2. By incorporating as specified in subsection (A)(10); or

3. By raising the pH of the domestic septage to 12 or higher through the addition of alkali and, without the addition of more alkali, holding the pH at 12 or higher for at least 30 minutes.

History

• New Section recodified from R18-13-1510 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Section R18-9-1010 renumbered to R18-9-1011; new Section R18-9-1010 renumbered from R18-9-1009 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-1011 Transportation

A. A transporter of bulk biosolids into and within Arizona shall use covered trucks, trailers, rail-cars, or other vehicles that are leakproof.

B. A transporter of bulk biosolids in liquid or semisolid form, including domestic septage, into and within Arizona shall comply with the requirements in A.A.C. R18-8-612 . A transporter of bulk biosolids in solid form into and within Arizona shall comply with the requirements in A.A.C. R18-13-310.

C. A transporter of biosolids shall clean any truck, trailer, rail-car, or other vehicle used to transport biosolids to prevent odors or insect breeding. A transporter shall clean any tank vessel used to transport commercial or industrial septage or restaurant grease-trap wastes, that is also used to haul domestic septage, before loading the domestic septage to ensure that mixing of wastes does not occur.

D. If bulk biosolids are spilled while being transported, the transporter shall:

Immediately pick up any spillage, including any visibly discolored soil, unless otherwise determined by the Department on a case-by-case basis;

2. Within 24 hours after the spill, notify the Department of the spill and submit written notification of the spill within seven days. The written notification shall include the location of the spill, the reason it occurred, the amount of biosolids spilled, and the steps taken to clean up the spill.

History

• New Section recodified from R18-13-1511 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Section R18-9-1011 renumbered to R18-9-1012; new Section R18-9-1011 renumbered from R18-9-1010 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1012 Self-monitoring

A. Except as provided in subsection (B) the person who prepares the biosolids shall conduct self-monitoring events at the frequency listed in Table 5 for the pollutants listed in R18-9-1005, the pathogen reduction in R18-9-1006 and the vector attraction reduction requirements in R18-9-1010 .

Table 5. Frequency of Self-monitoring

| Amount of biosolids prepared (tons/metric tons per 365-day period⁽¹⁾) | Frequency | | --- | --- | | Greater than zero but less than 319.6/290 | Once per year | | Equal to or greater than 319.6/290 but less than 1,653/1,500 | Once per quarter (Four times per year) | | Equal to or greater than 1,653/1,500 but less than 16,530/15,000 | Once per 60 days (Six times per year) | | Equal to or greater than 16,530/15,000 | Once per month (12 times per year) |

(1) The amount of biosolids prepared in a calendar year (dry-weight basis).

B. If biosolids are stockpiled or lagooned, the person shall sample the biosolids for pathogen and vector attraction reduction before land application. A person shall sample in a manner that is representative of the entire stockpile or lagoon.

C. A person who prepares biosolids shall submit additional or more frequent biosolids samples, collected and analyzed during the reporting period, to the Department with the regularly-scheduled data required in subsection (A).

D. The Department may order the person who prepares biosolids or the applicator to collect and analyze additional samples to measure pollutants of concern other than those established in Table 1 of R18-9-1005.

E. The applicator, person who prepares biosolids, or a person collecting samples for the applicator or preparer for analysis shall obtain the samples in a manner that does not compromise the integrity of the sample, sample method, or sampling instrument and shall be representative of the quality of the biosolids being applied during the reporting period.

F. A person responsible for sampling the biosolids shall track biosolids samples using a chain-of-custody procedure that documents each person in control of the sample from the time it was collected through the time of analysis.

G. The person who prepares biosolids or the applicator shall ensure that the biosolids samples are analyzed as specified by the analytical methods established in 40 CFR 503.8, July 1, 2001 edition, or by the wastewater sample methods and solid, liquid, and hazardous waste sample methods established in A.A.C. R9-14-612 and R9-14-613. The person who prepares the biosolids or the applicator shall ensure that the biosolids analyses are performed at a laboratory operating in compliance with A.R.S. § 36-495 et seq. The information in 40 CFR 503.8 is incorporated by reference, does not include any later amendments or editions of the incorporated matter and is on file with the Department and the Office of the Secretary of State.

H. The person who prepares the biosolids or the applicator shall monitor pathogen and vector attraction reduction treatment operating parameters, such as time and temperature, shall be monitored on a continual basis.

I. An applicator shall conduct and record monitoring of each site for the management practices established in R18-9-1007 and R18-9-1008.

J. A person shall maintain, as specified in R18-9-1013, and report to the Department as specified in R18-9-1014, all compliance measurements, including the analysis of pollutant concentrations.

History

• New Section recodified from R18-13-1512 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Section R18-9-1012 renumbered to R18-9-1013; new Section R18-9-1012 renumbered from R18-9-1011 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-1013 Recordkeeping

A. A person who prepares biosolids shall collect and retain the following information for at least five years:

1. The date, time, and method used for each sampling activity and the identity of the person collecting the sample;

2. The date, time, and method used for each sample analysis and the identity of the person conducting the analysis;

3. The results of all analyses of pollutants regulated under R18-9-1005 and organic and ammonium nitrogen to comply with R18-9-1007(A)(7);

4. The results of all pathogen density analyses and applicable descriptions of the methods used for pathogen treatment in R18-9-1006;

5. A description of the methods used, if any, and the operating values and ranges observed in any pre-land application, vector attraction reduction activities required in R18-9-1010(A); and

6. For the records described in subsections (A)(1) through (A)(5), the following certification statement signed by a responsible official of the person who prepares the biosolids:

"I certify, under penalty of law, that the pollutant analyses and the description of pathogen treatment and vector attraction reduction activities have been made under my direction and supervision and under a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine whether the applicable biosolids requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

B. An applicator of bulk biosolids, except exceptional quality biosolids, shall collect the following information for each land application site, and, except as indicated in subsection (B)(6), shall retain this information for at least five years:

1. The location of each site, by either street address or latitude and longitude;

2. The number of acres or hectares;

3. The date and time the biosolids were applied;

4. The amount of biosolids (in dry metric tons);

5. The biosolids loading rates for domestic septage and other biosolids with less than 10 percent solids in tons or kilograms of biosolids per acre or hectare and in gallons per acre and the biosolids loading rates for other biosolids in tons or kilograms of biosolids per acre or hectare;

6. The cumulative pollutant levels of each regulated pollutant (in tons or kilograms per acre or hectare). The applicator shall retain these records permanently;

7. The results of all pathogen density analyses and applicable descriptions of the methods used for pathogen treatment in R18-9-1006;

8. A description of the activities and measures used to ensure compliance with the management practices in R18-9-1007 and R18-9-1008, including information regarding the amount of nitrogen required for the crop grown on each site;

9. If vector attraction reduction was not met by the person who prepares the biosolids, a description of the vector attraction reduction activities used by the applicator to ensure compliance with the requirements in R18-9-1010;

10. A description of any applicable site restriction imposed by in R18-9-1009 if biosolids with Class B pathogen reduction have been applied and documentation that the applicator has notified the land owner and lessee of these restrictions;

11. For the records described in subsections (B)(1) through (B)(8), the following certification statement signed by a responsible official of the applicator of the biosolids:

"I certify, under penalty of law, that the information and descriptions, have been made under my direction and supervision and under a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine whether the applicable biosolids requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

12. The information in subsections (A)(1) through (A)(6) if the person who prepares the biosolids is not located in this state.

C. All records required for retention under this Section are subject to periodic inspection and copying by the Department.

D. If there is unresolved litigation, including enforcement, concerning the activities documented by the records required in this Section, the period of record retention shall be extended pending final resolution of the litigation.

History

• New Section recodified from R18-13-1513 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Section R18-9-1013 renumbered to R18-9-1014; new Section R18-9-1013 renumbered from R18-9-1012 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1014 Reporting

A. A person who prepares biosolids for application shall provide the applicator with the necessary information to comply with this Article including the concentration of pollutants listed in R18-9-1005 and the concentration of nitrogen in the biosolids.

B. A transporter shall report spills to the Department under R18-9-1011(D).

C. A bulk applicator of biosolids other than exceptional quality biosolids shall provide the land owner and lessee of land application sites with information on the concentrations of the pollutants listed in R18-9-1005 and loading rates of biosolids applied to that site, and any applicable site restrictions under R18-9-1009.

D. A bulk applicator of biosolids other than exceptional quality biosolids shall report to the Department if 90% or more of any cumulative pollutant loading rate has been used at a site.

E. On or before February 19 of each year, any person land-applying bulk biosolids that are not exceptional quality biosolids shall, by letter or on a form provided by the Department, report to the Department the following applicable information for the previous calendar year:

1. The actual sites used; and

2. For each site used, the following information:

a. The amount of biosolids applied (in tons or kilograms per acre or hectare);

b. The application loading rates (in tons or kilograms per acre or hectare, and gallons per acre for domestic septage);

c. The concentrations of the pollutants listed in R18-9-1005 (in milligrams per kilogram of biosolids on a dry-weight basis);

d. The pathogen treatment methodologies used during the year and the results; and

e. The vector attraction reduction methodologies used during the year and the results.

F. On or before February 19 of each year, a person preparing biosolids in a Class I Sludge Management Facility, POTW with a design flow rate equal to or greater than one million gallons per day, or POTW that serves 10,000 people or more, that are applied to land, shall, by letter or on a form provided by the Department, report to the Department all the following applicable information regarding their activities during the previous calendar year:

1. The amount of biosolids received if the preparer purchased or received the biosolids from another preparer or source;

2. The amount of biosolids produced (tons or kilograms);

3. The amount of biosolids distributed;

4. The concentrations of the pollutants listed in R18-9-1005 (in milligrams per kilogram of biosolids on a dry-weight basis);

5. The pathogen treatment methodologies used during the year, including the results; and

6. The vector attraction reduction methodologies used during the year, including the results.

G. All annual self-monitoring reports shall contain the following certification statement signed by a responsible official:

"I certify, under penalty of law, that the information and descriptions, have been made under my direction and supervision and under a system designed to ensure that qualified personnel properly gather and evaluate the information used to determine whether the applicable biosolids requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

History

• New Section recodified from R18-13-1514 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Former Section R18-9-1014 renumbered to R18-9-1015; new Section R18-9-1014 renumbered from R18-9-1013 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 4923, effective January 5, 2003 (Supp. 02-4).

Ariz. Admin. Code § R18-9-1015 Inspection

A person subject to this Article shall allow, during reasonable times, a representative of the Department to enter property subject to this Article, to:

1. Inspect all biosolids pathogen and vector treatment facilities, transportation vehicles, incinerators that fire sewage sludge, and land application sites to determine compliance with this Article;

Inspect and copy records prepared in accordance with this Article; and

3. Sample biosolids quality.

History

• Renumbered from R18-9-1014 and amended by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by Final rulemaking at 21 A.A.R. 751, effective 7/4/2015.

Article 2 AQUIFER PROTECTION PERMITS - INDIVIDUAL PERMITS

Part A APPLICATION AND GENERAL PROVISIONS

Ariz. Admin. Code § R18-9-A201 Individual Permit Application

A. An individual permit application covers one or more of the following categories:

1. Drywell,

2. Industrial,

3. Mining,

4. Wastewater,

5. Solid waste disposal, or

6. Land treatment facility.

B. An applicant for an individual permit shall provide the Department with:

The following information on an application form:

a. The name and mailing address of the applicant;

b. The name and mailing address of the owner of the facility;

c. The name and mailing address of the operator of the facility;

d. The legal description, including latitude and longitude, of the location of the facility;

e. The expected operational life of the facility; and

f. The permit number for any other federal or state environmental permit issued to the applicant for that facility or site.

2. A copy of the certificate of disclosure required by A.R.S. § 49-109;

3. Evidence that the facility complies with applicable municipal or county zoning ordinances, codes, and regulations;

4. Two copies of the technical information required in R18-9-A202(A);

5. Cost estimates for facility construction, operation, maintenance, closure, and post-closure as follows.

a. The applicant shall ensure that the cost estimates are derived by an engineer, controller, or accountant using competitive bids, construction plan take-off's, specifications, operating history for similar facilities, or other appropriate sources, as applicable.

b. The following cost estimates that are representative of regional fair market costs:

i. The cost of closure estimate under R18-9-A209(B)(2), consistent with the closure plan or strategy submitted under R18-9-A202(A)(10);

ii. The estimated cost of post-closure monitoring and maintenance under R18-9-A209(C), consistent with the post-closure plan or strategy submitted under R18-9-A202(A)(10); and

iii. For a sewage treatment facility or utility subject to Title 40 of the Arizona Revised Statutes, the operation and maintenance costs of those elements of the facility used to make the demonstration under A.R.S. § 49-243(B);

6. For a sewage treatment facility:

a. Documentation that the sewage treatment facility or expansion conforms with the Certified Areawide Water Quality Management Plan and the Facility Plan, and

b. The additional information required in R18-9-B202 and R18-9-B203;

7. Certification in writing that the information submitted in the application is true and accurate to the best of the applicant's knowledge; and

The applicable fee established in 18 A.A.C. 14.

C. Special provision for an underground storage facility as defined in A.R.S. § 45-802.01(21). A person applying for an individual permit for an underground storage facility shall submit the information described in R18-9-A201 through R18-9-A203, except for the BADCT information specified in R18-9-A202(A)(5) .

1. Upon receipt of the application, the Department shall process the application in coordination with the underground storage facility permit process administered by the Department of Water Resources.

2. The Department shall advise the Department of Water Resources of each permit application received.

D. Pre-application conference. Upon request of the applicant, the Department shall schedule and hold a pre-application conference with the applicant to discuss any requirements in Articles 1 and 2 of this Chapter.

E. Draft permit. The Department shall provide the applicant with a draft of the individual permit before publication of the Notice of Preliminary Decision specified in R18-9-109.

F. Permit duration. Except for a temporary permit, an individual permit is valid for the operational life of the facility and any period during which the facility is subject to a post-closure plan under R18-9-A209(C).

G. Permit issuance or denial.

1. The Director shall issue an individual permit, based upon the information obtained by or made available to the Department, if the Director determines that the applicant will comply with A.R.S. §§ 49-241 through 49-252 and Articles 1 and 2 of this Chapter.

2. The Director shall provide the applicant with written notification of the final decision to issue or deny the permit within the overall licensing time-frame requirements under 18 A.A.C. 1, Article 5, Table 10 and the following:

a. The applicant's right to appeal the final permit determination, including the number of days the applicant has to file a protest and the name and telephone number of the Department contact person who can answer questions regarding the appeals process;

b. If the permit is denied under R18-9-A213(B), the reason for the denial with reference to the statute or rule on which the denial is based; and

c. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A202 Technical Requirements

A. Except as specified in R18-9-A201(C)(1), an applicant shall, as required under R18-9-A201(B)(4), submit the following technical information as attachments to the individual permit application:

1. A topographic map, or other appropriate map approved by the Department, of the facility location and contiguous land area showing the known use of adjacent properties, all known water well locations found within one-half mile of the facility, and a description of well construction details and well uses, if available;

2. A facility site plan showing all known property lines, structures, water wells, injection wells, drywells and their uses, topography, and the location of points of discharge. The facility site plan shall include all known borings. If the Department determines that borings are numerous, the applicant shall satisfy this requirement with a narrative description of the number and location of the borings;

3. The facility design documents indicating proposed or as-built design details and proposed or as-built configuration of basins, ponds, waste storage areas, drainage diversion features, or other engineered elements of the facility affecting discharge. When formal as-built plan submittals are not available, the applicant shall provide documentation sufficient to allow evaluation of those elements of the facility affecting discharge, following the demonstration requirements of A.R.S. § 49-243(B). An applicant seeking an Aquifer Protection Permit for a sewage treatment facility satisfies the requirements of this subsection by submitting the documents required in R18-9-B202 and R18-9-B203;

4. A summary of the known past facility discharge activities and the proposed facility discharge activities indicating all of the following:

a. The chemical, biological, and physical characteristics of the discharge;

b. The rate, volume, and frequency of the discharge for each facility; and

c. The location of the discharge and a map outlining the pollutant management area described in A.R.S. § 49-244(1);

5. A description of the BADCT employed in the facility, including:

a. A statement of the technology, processes, operating methods, or other alternatives proposed to meet the requirements of A.R.S. § 49-243(B), (G), or (P), as applicable. The statement shall describe:

i. The alternative discharge control measures considered,

ii. The technical and economic advantages and disadvantages of each alternative, and

iii. The justification for selection or rejection of each alternative;

b. An evaluation of each alternative discharge control technology relative to the amount of discharge reduction achievable, site-specific hydrologic and geologic characteristics, other environmental impacts, and water conservation or augmentation;

c. For a new facility, an industry-wide evaluation of the economic impact of implementation of each alternative discharge control technology;

d. For an existing facility, a statement reflecting the consideration of factors listed in A.R.S. § 49-243(B)(1)(a) through (h);

e. A sewage treatment facility meeting the BADCT requirements under Article 2, Part B of this Chapter satisfies the requirements under subsections (A)(5)(a) through (d).

6. Proposed points of compliance for the facility based on A.R.S. § 49-244. An applicant shall demonstrate that:

a. The facility will not cause or contribute to a violation of an Aquifer Water Quality Standard at the proposed point of compliance; or

b. If an Aquifer Water Quality Standard for a pollutant is exceeded in an aquifer at the time of permit issuance, no additional degradation of the aquifer relative to that pollutant and determined at the proposed point of compliance will occur as a result of the discharge from the proposed facility. In this case, the applicant shall submit an Ambient Groundwater Monitoring Report that includes:

i. Data from eight or more rounds of ambient groundwater samples collected to represent groundwater quality at the proposed points of compliance, and

ii. An AQL proposal for each pollutant that exceeds an Aquifer Water Quality Standard;

7. A contingency plan that meets the requirements of R18-9-A204;

8. A hydrogeologic study that defines the discharge impact area for the expected duration of the facility. The Department may allow the applicant to submit an abbreviated hydrogeologic study or, if warranted, no hydrogeologic study, based upon the quantity and characteristics of the pollutants discharged, the methods of disposal, and the site conditions. The applicant may include information from a previous study of the affected area to meet a requirement of the hydrogeologic study, if the previous study accurately represents current hydrogeologic conditions.

a. The hydrogeologic study shall demonstrate:

i. That the facility will not cause or contribute to a violation of an Aquifer Water Quality Standard at the applicable point of compliance; or

ii. If an Aquifer Water Quality Standard for a pollutant is exceeded in an aquifer at the time of permit issuance, that no additional degradation of the aquifer relative to that pollutant and determined at the applicable point of compliance will occur as a result of the discharge from the proposed facility;

b. Based on the quantity and characteristics of pollutants discharged, methods of disposal, and site conditions, the Department may require the applicant to provide:

i. A description of the surface and subsurface geology, including a description of all borings;

ii. The location of any perennial, intermittent, or ephemeral surface water bodies;

iii. The characteristics of the aquifer and geologic units with limited permeability, including depth, hydraulic conductivity, and transmissivity;

iv. The rate, volume, and direction of surface water and groundwater flow, including hydrographs, if available, and equipotential maps;

v. The precise location or estimate of the location of the 100-year flood plain and an assessment of the 100-year flood surface flow and potential impacts on the facility;

vi. Documentation of the existing quality of the water in the aquifers underlying the site, including, where available, the method of analysis, quality assurance, and quality control procedures associated with the documentation;

vii. Documentation of the extent and degree of any known soil contamination at the site;

viii. An assessment of the potential of the discharge to cause the leaching of pollutants from surface soils or vadose materials;

ix. For an underground water storage facility, an assessment of the potential of the discharge to cause the leaching of pollutants from surface soils or vadose materials or cause the migration of contaminated groundwater;

x. Any changes in the water quality expected because of the discharge;

xi. A description of any expected changes in the elevation or flow directions of the groundwater expected to be caused by the facility;

xii. A map of the facility's discharge impact area; or

xiii. The criteria and methodologies used to determine the discharge impact area.

9. A detailed proposal indicating the alert levels, discharge limitations, monitoring requirements, compliance schedules, and temporary cessation or plans that the applicant will use to satisfy the requirements of A.R.S. Title 49, Chapter 2, Article 3, and Articles 1 and 2 of this Chapter;

Closure and post-closure strategies or plans; and

11. Any other relevant information required by the Department to determine whether to issue a permit.

B. An applicant shall demonstrate the ability to maintain the technical capability necessary to carry out the terms of the individual permit, including a demonstration that a certified operator will operate the facility if a certified operator is required under 18 A.A.C. 5. The applicant shall make the demonstration by submitting the following information for each person principally responsible for designing, constructing, or operating the facility:

1. Pertinent licenses or certifications held by the person;

2. Professional training relevant to the design, construction, or operation of the facility; and

3. Work experience relevant to the design, construction, or operation of the facility.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A203 Financial Requirements

A. Definitions.

1. "Book net worth" means the net difference between total assets and total liabilities.

2. "Face amount" means the total amount the insurer is obligated to pay under the policy.

3. "Net working capital" means current assets minus current liabilities.

"Substantial business relationship" means a pattern of recent or ongoing business transactions to the extent that a guaranty contract issued incident to that relationship is valid and enforceable.

5. "Tangible net worth" means an owner or operator's book net worth, plus subordinated debts, less goodwill, patent rights, royalties, and assets and receivables due from affiliates or shareholders.

B. Financial demonstration. A person applying for an individual permit shall demonstrate financial capability to construct, operate, close, and ensure proper post-closure care of the facility in compliance with A.R.S. Title 49, Chapter 2, Article 3; Articles 1 and 2 of this Chapter; and the conditions of the individual permit. The applicant shall:

Submit a letter signed by the chief financial officer stating that the applicant is financially capable of meeting the costs described in R18-9-A201(B)(5);

2. For a state or federal agency, county, city, town, or other local governmental entity, submit a statement specifying the details of the financial arrangements used to meet the estimated closure and post-closure costs submitted under R18-9-A201(B)(5), including any other details that demonstrate how the applicant is financially capable of meeting the costs described in R18-9-A201(B)(5);

3. For other than a state or federal agency, county, city, town, or other local governmental entity, submit the information required for at least one of the financial assurance mechanisms listed in subsection (C) that covers the closure and post-closure costs submitted under R18-9-A201(B)(5), including:

a. The selected financial mechanism or mechanisms;

b. The amount covered by each financial mechanism;

c. The institution or company that is responsible for each financial mechanism used in the demonstration; and

d. Any other details that demonstrate how the applicant is financially capable of meeting the costs described in R18-9-A201(B)(5); and

4. For a facility subject to R18-9-A201(B)(5)(b)(iii) and not owned by a state or federal agency, county, city, town, or other local governmental entity, submit evidence of financial arrangements to cover the operation and maintenance costs described in R18-9-A201(B)(5).

C. Financial assurance mechanisms. The applicant may use any of the following mechanisms to cover the financial assurance obligation under R18-9-A201(B)(5):

1. Financial test for self-assurance. If an applicant uses a financial test for self-assurance, the applicant shall not consolidate the financial statement with a parent or sibling company. The applicant shall make the demonstration in either subsection (C)(1)(a) or (b) and submit the information required in subsection (C)(1)(c):

a. The applicant may demonstrate:

i. One of the following:

(1) A ratio of total liabilities to net worth less than 2.0 and a ratio of current assets to current liabilities greater than 1.5;

(2) A ratio of total liabilities to net worth less than 2.0 and a ratio of the sum of net annual income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; or

(3) A ratio of the sum of net annual income plus depreciation, depletion, and amortization to total liabilities greater than 0.1 and a ratio of current assets to current liabilities greater than 1.5;

ii. The net working capital and tangible net worth of the applicant each are at least six times the closure cost estimate; and

iii. The applicant has assets in the U.S. of at least 90 percent of total assets or six times the closure and post-closure cost estimate; or

b. The applicant may demonstrate:

i. The applicant's senior unsecured debt has a current investment-grade rating as issued by Moody's Investor Service, Inc.; Standard and Poor's Corporation; or Fitch Ratings;

ii. The tangible net worth of the applicant is at least six times the closure cost estimate; and

iii. The applicant has assets in the U.S. of at least 90 percent of total assets or six times the closure and post-closure cost estimate; and

c. The applicant shall submit:

i. A letter signed by the applicant's chief financial officer that identifies the criterion specified in subsection (C)(1)(a) or (b) and used by the applicant to satisfy the financial assurance requirements of this Section, an explanation of how the applicant meets the criterion, and certification of the letter's accuracy, and

ii. A statement from an independent certified public accountant verifying that the demonstration submitted under subsection (C)(1)(c)(i) is accurate based on a review of the applicant's financial statements for the latest completed fiscal year or more recent financial data and no adjustment to the financial statement is necessary.

Performance surety bond. The applicant may use a performance surety bond if the following conditions are met:

a. The company providing the performance bond is listed as an acceptable surety on federal bonds in Circular 570 of the U.S. Department of the Treasury;

b. The bond provides for performance of all the covered items listed in R18-9-A201(B)(5) by the surety, or by payment into a standby trust fund of an amount equal to the penal amount if the permittee fails to perform the required activities;

c. The penal amount of the bond is at least equal to the amount of the cost estimate developed in R18-9-A201(B)(5) if the bond is the only method used to satisfy the requirements of this Section or a pro-rata amount if used with another financial assurance mechanism;

d. The surety bond names the Arizona Department of Environmental Quality as beneficiary;

e. The original surety bond is submitted to the Director;

f. Under the terms of the bond, the surety is liable on the bond obligation when the permittee fails to perform as guaranteed by the bond; and

g. The surety payments under the terms of the bond are deposited directly into the Standby Trust Fund.

3. Certificate of deposit. The applicant may use a certificate of deposit if the following conditions are met:

a. The applicant submits to the Director one or more certificates of deposit made payable to or assigned to the Department to cover the applicant's financial assurance obligation or a pro-rata amount if used with another financial assurance mechanism;

b. The certificate of deposit is insured by the Federal Deposit Insurance Corporation and is automatically renewable;

c. The bank assigns the certificate of deposit to the Arizona Department of Environmental Quality;

d. Only the Department has access to the certificate of deposit; and

e. Interest accrues to the permittee during the period the applicant gives the certificate as financial assurance, unless the interest is required to satisfy the requirements in R18-9-A201(B)(5).

4. Trust fund. The applicant may use a trust fund if the following conditions are met:

a. The trust fund names the Arizona Department of Environmental Quality as beneficiary, and

b. The trust is initially funded in an amount at least equal to:

i. The cost estimate of the closure plan or strategy submitted under R18-9-A201(B)(5) ,

ii. The amount specified in a compliance schedule approved in the permit, or

iii. A pro-rata amount if used with another financial assurance mechanism.

5. Letter of credit. The applicant may use a letter of credit if the following conditions are met:

a. The financial institution issuing the letter is regulated and examined by a federal or state agency;

b. The letter of credit is irrevocable and issued for at least one year in an amount equal to the cost estimate submitted under R18-9-A201(B)(5) or a pro-rata amount if used with another financial assurance mechanism. The letter of credit provides that the expiration date is automatically extended for a period of at least one year unless the issuing institution has canceled the letter of credit by sending notice of cancellation by certified mail to the permittee and to the Director 90 days in advance of cancellation or expiration. The permittee shall provide alternate financial assurance within 60 days of receiving the notice of expiration or cancellation;

c. The financial institution names the Arizona Department of Environmental Quality as beneficiary for the letter of credit; and

d. The letter is prepared by the financial institution and identifies the letter of credit issue date, expiration date, dollar sum of the credit, the name and address of the Department as the beneficiary, and the name and address of the applicant as the permittee.

6. Insurance policy. The applicant may use an insurance policy if the following conditions are met:

a. The insurance is effective before signature of the permit or substitution of insurance for other extant financial assurance instruments posted with the Director;

b. The insurer is authorized to transact the business of insurance in the state and has an AM BEST Rating of at least a B+ or the equivalent;

c. The permittee submits a copy of the insurance policy to the Department;

d. The insurance policy guarantees that funds are available to pay costs as submitted under R18-9-A201(B)(5) without a deductible. The policy also guarantees that once cleanup steps begin that the insurer will pay out funds to the Director or other entity designated by the Director up to an amount equal to the face amount of the policy;

e. The policy guarantees that while closure and post-closure activities are conducted the insurer will pay out funds to the Director or other entity designated by the Director up to an amount equal to the face amount of the policy;

f. The insurance policy is issued for a face amount at least equal to the current cost estimate submitted to the Director for performance of all items listed in R18-9-A201(B)(5) or a pro-rata amount if used with another financial assurance mechanism. Actual payments by the insurer will not change the face amount, although the insurer's future liability is reduced by the amount of the payments, during the policy period;

g. The insurance policy names the Arizona Department of Environmental Quality as additional insured;

h. The policy contains a provision allowing assignment of the policy to a successor permittee. The transfer of the policy is conditional upon consent of the insurer and the Department; and

i. The insurance policy provides that the insurer does not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy, at a minimum, provides the insured with a renewal option at the face amount of the expiring policy. If the permittee fails to pay the premium, the insurer may cancel the policy by sending notice of cancellation by certified mail to the permittee and to the Director 90 days in advance of the cancellation. If the insurer cancels the policy, the permittee shall provide alternate financial assurance within 60 days of receiving the notice of cancellation.

7. Cash deposit. The applicant may use a cash deposit if the cash is deposited with the Department to cover the financial assurance obligation under R18-9-A201(B)(5).

8. Guarantees.

a. The applicant may use guarantees to cover the financial assurance obligation under R18-9-A201(B)(5) if the following conditions are met:

i. The applicant submits to the Department an affidavit certifying that the guarantee arrangement is valid under all applicable federal and state laws. If the applicant is a corporation, the applicant shall include a certified copy of the corporate resolution authorizing the corporation to enter into an agreement to guarantee the permittee's financial assurance obligation;

ii. The applicant submits to the Department documentation that explains the substantial business relationship between the guarantor and the permittee;

iii. The applicant demonstrates that the guarantor meets conditions of the financial mechanism listed in subsection (C)(1). For purposes of applying the criteria in subsection (C)(1) to a guarantor, substitute "guarantor" for the term "applicant" as used in subsection (C)(1);

iv. The guarantee is governed by and complies with state law;

v. The guarantee continues in full force until released by the Director or replaced by another financial assurance mechanism listed under subsection (C);

vi. The guarantee provides that, if the permittee fails to perform closure or post-closure care of a facility covered by the guarantee, the guarantor shall perform or pay a third party to perform closure or post-closure care, as required by the permit, or establish a fully funded trust fund as specified under subsection (C)(4) in the name of the owner or operator; and

vii. The guarantor names the Arizona Department of Environmental Quality as beneficiary of the guarantee.

b. Guarantee reporting. The guarantor shall notify or submit a report to the Department within 30 days of:

i. An increase in financial responsibility during the fiscal year that affects the guarantor's ability to meet the financial demonstration;

ii. Receiving an adverse auditor's notice, opinion, or qualification; or

iii. Receiving a Department notification requesting an update of the guarantor's financial condition.

9. An applicant may use a financial assurance mechanism not listed in subsection (C)(1) through (8) if approved by the Director.

D. Loss of coverage. If the Director believes that a permittee will lose financial capability under subsection (C), the permittee shall, within 30 days from the date of receipt of the Director's request, submit evidence that the financial demonstration under subsection (B) is being met or provide an alternative financial assurance mechanism.

E. Financial assurance mechanism substitution. A permittee may substitute one financial assurance mechanism for another if the substitution is approved by the Director through an amendment under subsection (F).

F. Permit amendment. The permittee shall apply for an amendment to the individual permit if the permittee changes a financial assurance mechanism or if the permittee's revision of the closure strategy results in an increase in the estimated cost under R18-9-A201(B)(5) . If a permittee seeks to amend a permit under R18-9-A211(B), the permittee shall submit a financial capability demonstration for all facilities covered by the amended individual permit with the permit amendment request.

G. Previous financial demonstration. If an applicant shows that the financial assurance demonstration required under this Section is covered within a financial demonstration already made to a governmental agency and the Department has access to that information, the applicant is not required to resubmit the information. The applicant shall certify that the current financial condition is equal to or better than the condition reflected in the financial demonstration provided to the other governmental agency. This provision does not apply to a demonstration required under subsection (F).

H. Recordkeeping. A permittee shall maintain the financial capability for the duration of the permit and report as specified in the permit.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A204 Contingency Plan

A. An individual permit shall specify a contingency plan that defines the actions to be taken if a discharge results in any of the following:

1. A violation of an Aquifer Water Quality Standard or an AQL,

2. A violation of a discharge limitation,

3. A violation of any other permit condition,

4. An alert level is exceeded, or

5. An imminent and substantial endangerment to the public health or the environment.

B. The contingency plan may include one or more of the following actions if a discharge results in any of the conditions described in subsection (A):

1. Verification sampling;

2. Notification to downstream or downgradient users who may be directly affected by the discharge;

3. Further monitoring that may include increased frequency, additional constituents, or additional monitoring locations;

Inspection, testing, operation, or maintenance of discharge control features at the facility;

5. Evaluation of the effectiveness of discharge control technology at the facility that may include technology upgrades;

6. Evaluation of pretreatment for sewage treatment facilities;

7. Preparation of a hydrogeologic study to assess the extent of soil, surface water, or aquifer impact;

8. Corrective action that includes any of the following measures:

a. Control of the source of an unauthorized discharge,

b. Soil cleanup,

c. Cleanup of affected surface waters,

d. Cleanup of affected parts of the aquifer, or

e. Mitigation measures to limit the impact of pollutants on existing uses of the aquifer.

C. A permittee shall not take a corrective action proposed under subsection (B)(8) unless the action is approved by the Department.

1. Emergency response provisions and corrective actions specifically identified in the contingency plan submitted with a permit application are subject to approval by the Department during the application review process.

2. The permittee may propose to the Department a corrective action other than those already identified in the contingency plan if a discharge results in any of the conditions identified in subsection (A).

3. The Department shall approve the proposed corrective action if the corrective action provides a plan and expedient time-frame to return the facility to compliance with the facility's permit conditions, A.R.S. Title 49, Chapter 2, and Articles 1 and 2 of this Chapter.

4. The Director may incorporate corrective actions into an Aquifer Protection Permit.

D. A contingency plan shall contain emergency response provisions to address an imminent and substantial endangerment to public health or the environment including:

1. Twenty-four hour emergency response measures;

2. The name of an emergency response coordinator responsible for implementing the contingency plan;

3. Immediate notification to the Department regarding any emergency response measure taken;

4. A list of people to contact, including names, addresses, and telephone numbers if an imminent and substantial endangerment to public health or the environment arises; and

5. A general description of the procedures, personnel, and equipment proposed to mitigate unauthorized discharges.

E. A permittee may amend a contingency plan required by the Federal Water Pollution Control Act ( P.L. 92-500; 86 Stat. 816; 33 U.S.C. 1251, et seq., as amended), or the Resource Conservation and Recovery Act of 1976 ( P.L. 94-580; 90 Stat. 2796; 42 U.S.C. 6901 et seq., as amended), to meet the requirements of this Section and submit it to the Department for approval instead of a separate aquifer protection contingency plan.

F. A permittee shall maintain at least one copy of the contingency plan required by the individual permit at the location where day-to-day decisions regarding the operation of the facility are made. A permittee shall advise all employees responsible for the operation of the facility of the location of the contingency plan.

G. A permittee shall promptly revise the contingency plan upon any change to the information contained in the plan.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A205 Alert Levels, Discharge Limitations, and Aqls

A. Alert levels.

1. If the Department prescribes an alert level in an individual permit, the Department shall base the alert level on the site-specific conditions described by the applicant in the application submitted under R18-9-A201(A)(2) or other information available to the Department.

2. The Department may specify an alert level based on a pollutant that indicates the potential appearance of another pollutant.

3. The Department may specify the measurement of an alert level at a location appropriate for the discharge activity, considering the physical, chemical, and biological characteristics of the discharge, the particular treatment process, and the site-specific conditions.

B. Discharge limitations. If the Department prescribes discharge limitations in an individual permit, the Department shall base the discharge limitations on the considerations described in A.R.S. § 49-243.

C. AQLs. The Department may prescribe an AQL in an individual permit to ensure that the facility continues to meet the criteria under A.R.S. § 49-243(B)(2) or (3).

1. If the concentration of a pollutant in the aquifer does not exceed the Aquifer Water Quality Standard, the Department shall set the AQL at the Aquifer Water Quality Standard.

2. If the concentration of a pollutant in the aquifer exceeds the Aquifer Water Quality Standard, the Department shall set the AQL higher than the Aquifer Water Quality Standard.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A206 Monitoring Requirements

A. Monitoring.

1. The Department shall determine whether monitoring is required to assure compliance with Aquifer Protection Permit conditions and with the applicable Aquifer Water Quality Standards established under A.R.S. §§ 49-221, 49-223, 49-241 through 49-244, and 49-250 through 49-252.

2. If monitoring is required, the Director shall specify to the permittee:

a. The type and method of monitoring;

b. The frequency of monitoring;

c. Any requirements for the installation, use, or maintenance of monitoring equipment; and

d. The intervals at which the permittee reports the monitoring results to the Department.

B. Recordkeeping.

1. A permittee shall make a monitoring record for each sample taken as required by the individual permit consisting of all of the following:

a. The date, time, and exact place of a sampling and the name of each individual who performed the sampling;

b. The procedures used to collect the sample;

c. The date sample analysis was completed;

d. The name of each individual or laboratory performing the analysis;

e. The analytical techniques or methods used to perform the sampling and analysis;

f. The chain of custody records; and

g. Any field notes relating to the information described in subsections (B)(1)(a) through (f).

2. A permittee shall make a monitoring record for each measurement made, as required by the individual permit, consisting of all of the following:

a. The date, time, and exact place of the measurement and the name of each individual who performed the measurement;

b. The procedures used to make the measurement; and

c. Any field notes relating to the information described in subsections (B)(2)(a) and (b).

3. A permittee shall maintain monitoring records for at least 10 years after the date of the sample or measurement, unless the Department specifies a shorter time period in the permit.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A207 Reporting Requirements

A. A permittee shall notify the Department within five days after becoming aware of a violation of a permit condition or that an alert level was exceeded. The permittee shall inform the Department whether the contingency plan described in R18-9-A204 was implemented.

B. In addition to the requirements in subsection (A), a permittee shall submit a written report to the Department within 30 days after the permittee becomes aware of a violation of a permit condition. The report shall contain:

1. A description of the violation and its cause;

2. The period of violation, including exact date and time, if known, and the anticipated time period the violation is expected to continue;

3. Any action taken or planned to mitigate the effects of the violation or to eliminate or prevent recurrence of the violation;

4. Any monitoring activity or other information that indicates that a pollutant is expected to cause a violation of an Aquifer Water Quality Standard; and

5. Any malfunction or failure of a pollution control device or other equipment or process.

C. A permittee shall notify the Department within five days after the occurrence of any of the following:

1. The permittee's filing of bankruptcy, or

2. The entry of any order or judgment not issued by the Director against the permittee for the enforcement of any federal or state environmental protection statute or rule.

D. The Director shall specify the format for submitting results from monitoring conducted under R18-9-A206.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A208 Compliance Schedule

A. A permittee shall follow the compliance schedule established in the individual permit.

1. If a compliance schedule provides that an action is required more than one year after the date of permit issuance, the schedule shall establish interim requirements and dates for their achievement.

2. If the time necessary for completion of an interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall contain interim dates for submission of reports on progress toward completion of the interim requirements and shall indicate a projected completion date.

3. Unless otherwise specified in the permit, within 30 days after the applicable date specified in a compliance schedule, a permittee shall submit to the Department a report documenting that the required action was taken within the time specified.

4. After reviewing the compliance schedule activity the Director may amend the Aquifer Protection Permit, based on changed circumstances relating to the required action.

B. The Department shall consider all of the following factors when setting the compliance schedule requirements:

1. The character and impact of the discharge,

2. The nature of construction or activity required by the permit,

3. The number of persons affected or potentially affected by the discharge,

4. The current state of treatment technology, and

5. The age of the facility.

C. For a new facility, the Department shall not defer to a compliance schedule any requirement necessary to satisfy the criteria under A.R.S. § 49-243(B).

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A209 Temporary Cessation, Closure, Post-closure

A. Temporary cessation.

1. A permittee shall notify the Department before a cessation of operations at the facility of at least 60 days duration.

2. The permittee shall implement any condition specified in the individual permit for the temporary cessation.

3. If the permit does not specify any temporary cessation condition, the permittee shall, prior to implementation, submit the proposed temporary cessation plan for Department approval.

B. Closure.

1. Before providing notice under subsection (B)(2), a person may request that the Director review a site investigation plan for a facility under subsection (B)(3)(a) or the results of a site investigation at a facility to determine compliance with this subsection and A.R.S. § 49-252.

2. A person shall notify the Department of the person's intent to cease operations without resuming an activity for which the facility was designed or operated.

3. The person shall submit a closure plan for Director approval within 90 days following the notification of intent to cease operations with the applicable fee established in 18 A.A.C. 14. A complete closure plan shall include:

a. A site investigation plan that includes a summary of relevant site studies already conducted and a proposed scope of work for any additional site investigation necessary to identify:

i. The lateral and vertical extent of contamination in soils and groundwater, using applicable standards;

ii. The approximate quantity and chemical, biological, and physical characteristics of each waste, contaminated water, or contaminated soil proposed for removal from the facility;

iii. The approximate quantity and chemical, biological, and physical characteristics of each waste, contaminated water, or contaminated soil that will remain at the facility; and

iv. Information regarding site conditions related to pollutant fate and transport that may influence the scope of sampling necessary to characterize the site for closure;

b. A summary describing the results of a site investigation and any other information used to identify:

i. The lateral and vertical extent of soil and groundwater contamination, using applicable standards, and the analytical results that support the determination;

ii. The approximate quantity and chemical, biological, and physical characteristics of each material scheduled for removal;

iii. The destination of the materials and documentation that the destination is approved to accept the materials;

iv. The approximate quantity and chemical, biological, and physical characteristics of each material that remains at the facility; and

v. Any other relevant information the Department determines is necessary;

c. A closure design that identifies:

i. The method used, if any, to treat any material remaining at the facility;

ii. The method used to control the discharge of pollutants from the facility;

iii. Any limitation on future land or water uses created as a result of the facility's operations or closure activities and a Declaration of Environmental Use Restriction according to A.R.S. § 49-152, if necessary; and

iv. The methods used to secure the facility;

d. An estimate of the cost of closure;

e. A schedule for implementation of the closure plan and submission of a post-closure plan if clean closure is not achieved; and

f. For an implemented closure plan, a summary report of the results of site investigation performed during closure activities, including confirmation and verification sampling.

4. Within 60 days of receipt of a complete closure plan, the Department shall determine whether the closure plan achieves clean closure.

a. If the implemented complete closure plan achieves clean closure, the Director shall:

i. If the facility is not covered by an Aquifer Protection Permit, send the person a letter of approval; or

ii. If the facility is covered by an Aquifer Protection Permit, send the person a Permit Release Notice issued under subsection (C)(2)(c).

b. If the implemented complete closure plan did not achieve clean closure, the person shall submit a post-closure plan under subsection (C) and the following documents within 90 days from the date on the Department's notice or as specified under A.R.S. § 49-252(E):

i. An application for an individual permit, or

ii. A request to amend a current individual permit to address closure activities and post-closure monitoring and maintenance at the facility.

C. Post-closure. A person shall describe post-closure monitoring and maintenance activities in an application for a permit or an amendment to an individual permit and submit it to the Department for approval.

1. The application shall include:

a. The duration of post-closure care;

b. The monitoring procedures proposed by the permittee, including monitoring frequency, type, and location;

c. A description of the operating and maintenance procedures proposed for maintaining aquifer quality protection devices, such as liners, treatment systems, pump-back systems, surface water and stormwater management systems, and monitoring wells;

d. A schedule and description of physical inspections proposed at the facility following closure;

e. An estimate of the cost of post-closure maintenance and monitoring;

f. A description of limitations on future land or water uses, or both, at the facility site as a result of facility operations; and

g. The applicable fee established in 18 A.A.C. 14.

2. The Director shall include the post-closure plan submitted under subsection (C)(1) in the individual permit or permit amendment.

a. The permittee shall provide the Department written notice that a closure plan or a post-closure plan was fully implemented within 30 calendar days of implementation of the plan. The notice shall include a summary report confirming the closure design and describing the results of sampling performed during closure activities and post-closure activities, if any, to demonstrate the level of cleanup achieved.

b. The Director may, upon receipt of the notice, inspect the facility to ensure that the closure plan has been fully implemented.

c. The Director shall issue a Permit Release Notice if the permittee satisfies all closure and post-closure requirements.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A210 Temporary Individual Permit

A. A person may apply for a temporary individual permit for either of the following:

1. A pilot project to develop data for an Aquifer Protection Permit application for the full-scale project, or

2. A facility with a discharge lasting no more than six months.

B. The applicant shall submit a preliminary application containing the information required in R18-9-A201(B)(1).

C. The Department shall, based on the preliminary application and in consultation with the applicant, determine and provide the applicant notice of any additional information in R18-9-A201(B) that is necessary to complete the application.

D. Public participation.

1. If the Director issues a temporary individual permit, the Director shall postpone the public participation requirements under R18-9-109.

2. The Director shall not postpone notification of the opportunity for public participation for more than 30 days from the date on the temporary individual permit.

3. The Director may amend or revoke the temporary individual permit after consideration of public comments.

4. The Director shall not issue a public notice or hold a public hearing if a temporary individual permit is renewed without change.

5. The Director shall follow the public participation requirements under R18-9-109 when making a significant amendment to a temporary individual permit.

E. A temporary individual permit expires after one year unless it is renewed. The Director may renew a temporary individual permit no more than one time.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A211 Permit Amendments

A. The Director may amend an individual permit based upon a request or upon the Director's initiative.

1. A permittee shall submit a request for permit amendment in writing on a form provided by the Department with the applicable fee established in 18 A.A.C. 14, explaining the facts and reasons justifying the request.

2. The Department shall process amendment requests following the licensing time-frames established under 18 A.A.C. 1, Article 5, Table 10.

3. An amended permit supersedes the previous permit upon the effective date of the amendment.

B. Significant permit amendment. The Director shall make a significant amendment to an individual permit if:

1. Part or all of an existing facility becomes a new facility under A.R.S. § 49-201;

2. A physical change in a permitted facility or a change in its method of operation results in:

a. An increase of 10 percent or more in the permitted volume of pollutants discharged, except a sewage treatment facility;

b. An increase in design flow of a sewage treatment facility as follows:

| Permitted Design Flow | Increase in Design Flow | | --- | --- | | 500,000 gallons per day or less | 10% | | Greater than 500,000 gallons per day but less than or equal to five million gallons per day | 6% | | Greater than five million gallons per day but less than or equal to 50 million gallons per day | 4% | | Greater than 50 million gallons per day | 2% |

c. Discharge of an additional pollutant not allowed by a facility's original individual permit. The Director may consider the addition of a pollutant with a chemical composition substantially similar to a pollutant the permit currently allows by making an "other" amendment to the individual permit as prescribed in subsection (D);

d. For any pollutant not addressed in a facility's individual permit, any increase that brings the level of the pollutant to within 80 percent or more of a numeric Aquifer Water Quality Standard at the point of compliance; or

e. An increase in the concentration in the discharge of a pollutant listed under A.R.S. § 49-243(I);

3. Based upon available information, the facility can no longer demonstrate that its discharge will comply with A.R.S. § 49-243(B)(2) or (3);

4. The permittee requests and the Department agrees to less stringent monitoring that reduces the frequency in monitoring or reporting or reduces the number of pollutants monitored, and the permittee demonstrates that the changes will not affect the permittee's ability to remain in compliance with Articles 1 and 2 of this Chapter;

5. It is necessary to change the designation of a point of compliance;

6. It is necessary to update BADCT for a facility that was issued an individual permit and was not constructed within five years of permit issuance;

7. The permittee requests and the Department agrees to less stringent discharge limitations when the permittee demonstrates that the changes will not affect the permittee's ability to remain in compliance with Articles 1 and 2 of this Chapter;

8. It is necessary to make an addition to or a substantial change in closure requirements or to provide for post-closure maintenance and monitoring; or

Material and substantial alterations or additions to a permitted facility, including a change in disposal method, justify a change in permit conditions.

C. Minor permit amendment. The Director shall make a minor amendment to an individual permit to:

1. Correct a typographical error;

2. Change nontechnical administrative information, excluding a permit transfer;

3. Correct minor technical errors, such as errors in calculation, locational information, citations of law, and citations of construction specifications;

Increase the frequency of monitoring or reporting, or to revise a laboratory method;

5. Make a discharge limitation more stringent;

6. Make a change in a recordkeeping retention requirement; or

7. Insert calculated alert levels, AQLs, or other permit limits into a permit based on monitoring subsequent to permit issuance, if a requirement to establish the levels or limits and the method for calculation of the levels or limits was established in the original permit.

D. "Other" permit amendment.

1. The Director may make an "other" amendment to an individual permit if the amendment is not a significant or minor permit amendment prescribed in this Section, based on an evaluation of the information relevant to the amendment.

2. Examples of an "other" amendment to an individual permit include:

a. A change in a construction requirement, treatment method, or operational practice, if the alteration complies with the requirements of Articles 1 and 2 of this Chapter and provides equal or better performance;

b. A change in an interim or final compliance date in a compliance schedule, if the Director determines just cause exists for changing the date;

c. A change in the permittee's financial assurance mechanism under R18-9-A203(C);

d. A permit transfer under R18-9-A212;

e. The replacement of monitoring equipment, including a well, if the replacement results in equal or greater monitoring effectiveness;

f. Any increase in the volume of pollutants discharged that is less than that described in subsection (B)(2)(a) or (b);

g. An adjustment of the permit to conform to rule or statutory provisions;

h. A calculation of an alert level, AQL, or other permit limit based on monitoring subsequent to permit issuance;

i. An addition of a point of compliance monitor well;

j. A combination of two or more permits at the same site as specified under R18-9-107;

k. An adjustment or incorporation of monitoring requirements to ensure Reclaimed Water Quality Standards developed under 18 A.A.C. 11, Article 3 are met; or

l. A change in a contingency plan resulting in equal or more efficient responsiveness.

E. The public notice and public participation requirements of R18-9-108 and R18-9-109 apply to a significant amendment. The public notice requirements apply to an "other" amendment. A minor amendment does not require a public notice or public participation.

F. The Director shall not amend or reissue a permit to allow use of a discharge control technology that provides a lesser degree of pollutant discharge reduction than the BADCT established in the individual Aquifer Protection Permit previously issued for a facility, unless:

1. The industrial classification of the facility has changed so that a new assessment of BADCT is appropriate,

2. The pollutant load has decreased or the pollutant composition has changed significantly to warrant a new assessment of the BADCT,

3. The Director approves a corrective or contingency action that necessitates a change in the treatment technology, or

4. The approved discharge control technology is not operating properly due to circumstances beyond the control of the owner or operator.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A212 Permit Transfer

A. The person subject to the continuance requirements under R18-9-105(A)(1), (2), or (3) shall notify the Department by certified mail within 15 days following a change of ownership. The notice shall include:

1. The name of the person transferring the facility;

2. The name of the new owner or operator;

3. The name and location of the facility;

4. The written agreement between the person transferring the facility and the new owner or operator indicating a specific date for transfer of all permit responsibility, coverage, and liability;

5. A signed declaration by the new owner or operator that the new owner or operator has reviewed the permit and agrees to the terms of the permit, including fee obligations under A.R.S. § 49-242; and

6. The applicable fee established in 18 A.A.C. 14.

B. A permittee may request that the Department transfer an individual permit to a new owner or operator.

1. The new owner or operator shall:

a. Notify the Department by certified mail within 15 days after the change of ownership and include a written agreement between the previous and new owner indicating a specific date for transfer of all permit responsibility, coverage, and liability;

b. Submit the applicable fee established in 18 A.A.C. 14;

c. Demonstrate the technical and financial capability necessary to fully carry out the terms of the permit according to R18-9-A202 and R18-9-A203;

d. Submit a signed statement that the new owner or operator has reviewed the permit and agrees to the terms of the permit; and

e. Provide the Department with a copy of the Certificate of Disclosure if required by A.R.S. § 49-109.

2. If the Director amends the individual permit for the transfer, the new permittee is responsible for all conditions of the permit.

C. A permittee shall comply with all permit conditions until the Director transfers the permit, regardless of whether the permittee has sold or disposed of the facility.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A213 Permit Suspension, Revocation, Denial, Or Termination

A. The Director may, after notice and opportunity for hearing, suspend or revoke an individual permit or a continuance under R18-9-105(A)(1), (2), or (3) for any of the following:

1. A permittee failed to comply with any applicable provision of A.R.S. Title 49, Chapter 2, Article 3; Articles 1 and 2 of this Chapter; or any permit condition;

2. A permittee misrepresented or omitted a fact, information, or data related to an Aquifer Protection Permit application or permit condition;

3. The Director determines that a permitted activity is causing or will cause a violation of an Aquifer Water Quality Standard at a point of compliance;

4. A permitted discharge is causing or will cause imminent and substantial endangerment to public health or the environment;

5. A permittee failed to maintain the financial capability under R18-9-A203(B); or

6. A permittee failed to construct a facility within five years of permit issuance and:

a. It is necessary to update BADCT for the facility, and

b. The Department has not issued an amended permit under R18-9-A211(B)(6).

B. The Director may deny an individual permit if the Director determines upon completion of the application process that the applicant has:

Failed or refused to correct a deficiency in the permit application;

2. Failed to demonstrate that the facility and the operation will comply with the requirements of A.R.S. §§ 49-241 through 49-252 and Articles 1 and 2 of this Chapter. The Director shall base this determination on:

a. The information submitted in the Aquifer Protection Permit application,

b. Any information submitted to the Department following a public hearing, or

c. Any relevant information that is developed or acquired by the Department; or

3. Provided false or misleading information.

C. The Director shall terminate an individual permit if each facility covered under the individual permit:

1. Has closed and the Director issued a Permit Release Notice under R18-9-A209(C)(2)(c) or A209(B)(4)(a)(ii) for the closed facility, or

2. Is covered under another Aquifer Protection Permit.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-A214 Requested Coverage under a General Permit

A. If a person who applied for or was issued an individual permit qualifies to operate a facility under a general permit established in Article 3 of this Chapter, the person may request that the individual permit be terminated and replaced by the general permit. The person shall submit the Notice of Intent to Discharge under R18-9-A301(B) with the appropriate fee established in 18 A.A.C. 14.

B. The individual permit is valid and enforceable with respect to a discharge from each facility until the Director determines that the discharge from each facility is covered under a general permit.

C. The owner or operator operating under a general permit shall comply with all applicable general permit requirements in Article 3 of this Chapter.

History

• New Section made by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Article 3 AQUIFER PROTECTION PERMITS - GENERAL PERMITS

Part A GENERAL PROVISIONS

Ariz. Admin. Code § R18-9-A301 Discharging under a General Permit

A. Discharging requirements.

1. Type 1 General Permit. A person may discharge under a Type 1 General Permit without submitting a Notice of Intent to Discharge if the discharge is authorized by and meets:

a. The applicable requirements of Article 3, Part A of this Chapter; and

b. The specific terms of the Type 1 General Permit established in Article 3, Part B of this Chapter.

2. Type 2 General Permit. A person may discharge under a Type 2 General Permit if:

a. The discharge is authorized by and meets the applicable requirements of Article 3, Part A of this Chapter and the specific terms of the Type 2 General Permit established in Article 3, Part C of this Chapter;

b. The person files a Notice of Intent to Discharge under subsection (B); and

c. The person submits the applicable fee established in 18 A.A.C. 14.

3. Type 3 General Permit. A person may discharge under a Type 3 General Permit if:

a. The discharge is authorized by and meets the applicable requirements of Article 3, Part A of this Chapter and the specific terms of the Type 3 General Permit established in Article 3, Part D of this Chapter;

b. The person files a Notice of Intent to Discharge under subsection (B);

c. The person satisfies any deficiency requests from the Department regarding the administrative completeness review and substantive review and receives a written Discharge Authorization from the Director; and

d. The person submits the applicable fee established in 18 A.A.C. 14.

4. Type 4 General Permit. A person may discharge under a Type 4 General Permit if:

a. The discharge is authorized by and meets the applicable requirements of Article 3, Part A of this Chapter and the specific terms of the Type 4 General Permit established in Article 3, Part E of this Chapter;

b. The person files a Notice of Intent to Discharge under subsection (B);

c. The person satisfies any deficiency requests from the Department regarding the administrative completeness review and substantive review, including any deficiency relating to the construction of the facility;

d. The person receives a written Discharge Authorization from the Director before the facility discharges; and

e. The person submits the applicable fee established in 18 A.A.C. 14 or according to A.R.S. §§ 49-107 and 49-112.

B. Notice of Intent to Discharge.

1. A person seeking a Discharge Authorization under a general permit under subsections (A)(2), (3), or (4) shall submit, by certified mail, in person, or by another method approved by the Department, a Notice of Intent to Discharge on a form provided by the Department.

2. The Notice of Intent to Discharge shall include:

a. The name, address, and telephone number of the applicant;

b. The name, address, and telephone number of a contact person familiar with the operation of the facility;

c. The name, position, address, and telephone number of the owner or operator of the facility who has overall responsibility for compliance with the permit;

d. The legal description of the discharge areas, including the latitude and longitude coordinates;

e. A narrative description of the facility or project, including expected dates of operation, rate, and volume of discharge;

f. The additional requirements, if any, specified in the general permit for which the authorization is being sought;

g. A listing of any other federal or state environmental permits issued for or needed by the facility, including any individual permit, Groundwater Quality Protection Permit, or Notice of Disposal that may have previously authorized the discharge; and

h. A signature on the Notice of Intent to Discharge certifying that the applicant agrees to comply with all applicable requirements of this Article, including specific terms of the general permit.

3. Receipt of a completed Notice of Intent to Discharge by the Department begins the administrative completeness review for a Type 3 or Type 4 General Permit.

C. Type 3 General Permit authorization review.

Inspection. The Department may inspect the facility to determine that the applicable terms of the general permit have been met.

2. Discharge Authorization issuance.

a. If the Department determines, based on its review and an inspection, if conducted, that the facility conforms to the requirements of the general permit and the applicable requirements of this Article, the Director shall issue a Discharge Authorization.

b. The Discharge Authorization authorizes the person to discharge under terms of the general permit and applicable requirements of this Article.

3. Discharge Authorization denial. If the Department determines, based on its review and an inspection, if conducted, that the facility does not conform to the requirements of the general permit or other applicable requirements of this Article, the Director shall notify the person of the decision not to issue the Discharge Authorization and the person shall not discharge under the general permit. The notification shall inform the person of:

a. The reason for the denial with reference to the statute or rule on which the denial is based;

b. The person's right to appeal the denial, including the number of days the applicant has to file a protest challenging the denial and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

c. The person's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

D. Type 4 General Permit review.

1. Pre-construction phase and facility construction. A person shall not begin facility construction until the Director issues a Construction Authorization.

a. Inspection. The Department may inspect the facility site before construction to determine that the applicable terms of the general permit will be met.

b. Review. If the Department determines, based on an inspection or its review of design plans, specifications, or other required documents that the facility does not conform to the requirements of the general permit or other applicable requirements of this Article, the Department shall make a written request for additional information to determine whether the facility will meet the requirements of the general permit.

c. Construction Authorization. If the Department determines, based on the review described in subsection (D)(1)(b) and any additional information submitted in response to a written request, that the facility design conforms with the requirements of the general permit and other applicable requirements of this Article, the Director shall issue a Construction Authorization to the person seeking to discharge. A Construction Authorization for an on-site wastewater treatment facility shall contain:

i. The design flow of the facility,

ii. The characteristics of the wastewater sources contributing to the facility,

iii. The general permits that apply, and

iv. A list of the documents that are the basis for the authorization.

d. Construction Authorization denial. If the Department determines, based on the review described in subsection (D)(1)(b) and any additional information submitted in response to a written request, that the facility design does not conform to the requirements of the general permit or other applicable requirements of this Article, the Director shall notify the person of the decision not to issue a Construction Authorization. The notification shall include the information listed in subsections (D)(2)(d).

e. Construction.

i. A person shall complete construction within two years of receiving a Construction Authorization.

ii. Construction shall conform with the plans and documents approved by the Department in the Construction Authorization. A change in location, configuration, dimension, depth, material, or installation procedure does not require approval by the Department if the change continues to conform with the specific standard in this Article used as the basis for the original design.

iii. The person shall record all changes made during construction, including any changes approved under R18-9-A312(G) on the site plan as specified in R18-9-A309(C)(1) or on documents as specified in R18-9-A309(C)(2) or R18-9-E301(E), as applicable.

f. Completion of construction.

i. After completing construction of the facility, the person seeking to discharge shall submit any applicable documents specified in R18-9-A309(C) with the Request for Discharge Authorization form for an on-site wastewater treatment facility and the Engineer's Certificate of Completion specified in R18-9-E301(E) for a sewage collection system. Receipt of the documents by the Department initiates the post-construction review phase.

ii. If the Department does not receive the documentation specified in subsection (D)(1)(f)(i) by the end of the two-year construction period, the Notice of Intent to Discharge expires, and the person shall not continue construction or discharge.

iii. If the Notice of Intent to Discharge expires, the person shall submit a new Notice of Intent to Discharge under subsection (B) and the applicable fee under subsection (A)(4)(e) to begin or continue construction.

2. Post-construction phase.

a. Inspection. The Department may inspect the facility before issuing a Discharge Authorization to determine whether:

i. The construction conforms with the design authorized by the Department under subsection (D)(1)(c) and any changes recorded on the site plan as specified in R18-9-A309(C)(1) or other documents as specified in R18-9-A309(C)(2), or R18-9-E301(E), as applicable; and

ii. Terms of the general permit and applicable terms of this Article are met.

b. Deficiencies. If the Department identifies deficiencies based on an inspection of the constructed facility or during the review of documents submitted with the request for the Discharge Authorization, the Director shall provide a written explanation of the deficiencies to the person.

c. Discharge Authorization issuance.

i. Upon satisfactory completion of construction and documents required under R18-9-A309(C)(1)R 18-9-A309(C)(2), or R18-9-E301(E), as applicable, the Director shall issue a Discharge Authorization.

ii. The Discharge Authorization allows a person to discharge under terms of the general permit and applicable requirements of this Article and the stated terms of the Construction Authorization.

d. Discharge Authorization denial. If, after receiving evidence of correction submitted by the person seeking to discharge, the Department determines that the deficiencies are not satisfactorily corrected, the Director shall notify the person seeking to discharge of the Director's decision not to issue the Discharge Authorization and the person shall not discharge under the general permit. The notification shall inform the person of:

i. The reason for the denial with reference to the statute or rule on which the denial is based;

ii. The person's right to appeal the denial, including the number of days the applicant has to file a protest challenging the denial and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

iii. The person's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A302 Point of Compliance

The point of compliance is the point at which compliance with Aquifer Water Quality Standards is determined.

1. Except as provided in this Section or as stated in a specific general permit, the applicable point of compliance at a facility operating under a general permit is a vertical plane downgradient of the facility that extends through the uppermost aquifers underlying that facility.

2. The point of compliance is the limit of the pollutant management area.

a. The pollutant management area is the horizontal plane of the area on which pollutants are or will be placed.

b. If a facility operating under a general permit is located within a larger pollutant management area established under an individual permit issued to the same person, the point of compliance is the applicable point of compliance established in the individual permit.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4).

Ariz. Admin. Code § R18-9-A303 Renewal of a Discharge Authorization

A. Unless a Discharge Authorization under a general permit is transferred, revoked, or expired, a person may discharge under the general permit for the authorization period as specified by the permit type, including any closure activities required by a specific general permit.

B. An authorization to discharge under a Type 1 or Type 4 General Permit is valid for the operational life of the facility.

C. A permittee authorized under a Type 2 or Type 3 General Permit shall submit an application for renewal on a form provided by the Department with the applicable fee established in 18 A.A.C. 14 at least 30 days before the end of the renewal period.

1. The following are the renewal periods for Type 2 and Type 3 General Permit Discharge Authorizations:

a. 2.01 General Permit, five years;

b. 2.02 General Permit, seven years;

c. 2.03 General Permit, two years;

d. 2.04 General Permit, five years;

e. 2.05 General Permit, five years;

f. 2.06 General Permit, five years; and

g. Type 3 General Permits, five years.

The renewal period for coverage under a Type 2 General Permit begins on the date the Department receives the Notice of Intent to Discharge.

3. The renewal period for coverage under a Type 3 General Permit begins on the date the Director issues the written Discharge Authorization.

D. If the Discharge Authorization is not renewed within the renewal period specified in subsection (C)(1), the Discharge Authorization expires.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A304 Notice of Transfer

A. Transfer of authorization under a Type 1 General Permit.

1. A permittee transferring ownership of a facility covered by a Type 1.01 through 1.08, or 1.10 through 1.12 General Permit is not required to notify the Department of the transfer.

2. A permittee transferring ownership of an on-site wastewater treatment facility operating under a Type 1.09 General Permit shall follow the requirements under R18-9-A316.

3. A permittee transferring ownership of a sewage treatment facility operating under a Type 1.09 General Permit shall submit a Notice of Transfer to the Department by certified mail within 15 days after the date that ownership changes.

B. Transfer of authorization under a Type 2, 3, or 4.01 General Permit.

1. If a change of ownership occurs for a facility covered by a Type 2, 3, or 4.01 General Permit facility, the permittee shall provide a Notice of Transfer to the Department or to the health or environmental agency delegated by the Director to administer Type 4.01 General Permits, by certified mail within 15 days after the date that ownership changes. The Notice of Transfer, on a form approved by the Department, shall include:

a. Any information that has changed from the original Notice of Intent to Discharge,

b. Any other transfer requirements specified for the general permit, and

c. The applicable fee established in 18 A.A.C. 14.

2. The Department may require a permittee covered by a Type 2, 3, or Type 4.01 General Permit to submit a new Notice of Intent to Discharge and to obtain a new authorization under R18-9-A301(A)(2), (3) and (4), as applicable, if the volume or characteristics of the discharge have changed from the original application.

C. Transfer of a Type 4.02 through 4.23 General Permit. A permittee transferring ownership of an on-site wastewater treatment facility operating under one or more Type 4.02 through 4.23 General Permits shall follow the requirements under R18-9-A316.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A305 Facility Expansion

A. A permittee may expand a facility covered by a Type 2 General Permit if, before the expansion, the permittee provides the Department with the following information by certified mail:

1. An updated Notice of Intent to Discharge,

2. A certification signed by the facility owner stating that the expansion continues to meet all the conditions of the applicable general permit, and

3. The applicable fee established under 18 A.A.C. 14.

B. A permittee may expand a facility covered by a Type 3 or Type 4 General Permit if the permittee submits a new Notice of Intent to Discharge and the Department issues a new Discharge Authorization.

1. The person submitting the Notice of Intent to Discharge for the expansion may reference the previous Notice of Intent to Discharge if the previous information is identical, but shall provide full and detailed information for any changed items.

2. The Notice of Intent to Discharge shall include:

a. Any applicable fee established under 18 A.A.C. 14, and

b. A certification signed by the facility owner stating that the expansion continues to meet all of the requirements relating to the applicable general permit.

3. Upon receiving the Notice of Intent to Discharge, the Department shall follow the applicable review and authorization procedures described in R18-9-A301(A)(3) or (4).

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A306 Closure

A. To satisfy the requirements under A.R.S. § 49-252, a permittee shall close a facility authorized to discharge under a general permit as follows:

1. If the discharge is authorized under a Type 1.01 through 1.08, 1.10, 1.11, 2.05, 2.06, or 4.01 General Permit, closure notification is unnecessary and clean closure is met when:

a. The permittee removes material that may contribute to a continued discharge; and

b. The permittee eliminates, to the greatest degree practical, any reasonable probability of further discharge from the facility and of exceeding any Aquifer Water Quality Standard at the applicable point of compliance;

For a discharge authorized under a Type 2.02, 3.02, 3.05 through 3.07, or 4.23 General Permit, the facility meets clean closure requirements if the permittee provides notice and submits sufficient information for the Department to determine that:

a. Any material that may contribute to a continued discharge is removed;

b. The permittee has eliminated to the greatest degree practicable any reasonable probability of further discharge from the facility and of exceeding any Aquifer Water Quality Standard at the applicable point of compliance; and

c. Closure requirements, if any, established in the general permit are met;

3. If the discharge is authorized under a Type 1.12, 2.01, 2.03, 2.04, 3.01, 3.03, or 3.04 General Permit, the permittee shall comply with the closure requirements in the general permit;

4. If the discharge is from an on-site wastewater treatment facility authorized under a Type 1.09 or 4.02 through 4.22 General Permit, the permittee shall comply with the closure requirements in R18-9-A309(D); and

5. If the discharge is from a sewage treatment facility authorized under a Type 1.09 General Permit, the permittee shall comply with the closure requirements under subsection (A)(1).

B. For a facility operating under a general permit and located at a site where an individual area-wide permit has been issued, a permittee may defer some or all closure activities required by this subsection if the Director approves the deferral in writing. The permittee shall complete closure activities no later than the date that closure activities identified in the individual area-wide permit are performed.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A307 Revocation of Coverage under a General Permit

A. After notice and opportunity for a hearing, the Director may revoke coverage under a general permit and require the permittee to obtain an individual permit for any of the following:

1. The permittee fails to comply with the terms of the general permit as described in this Article, or

2. The discharge activity conducted under the terms of the general permit causes or contributes to the violation of an Aquifer Water Quality Standard at the applicable point of compliance.

B. The Director may revoke coverage under a general permit for any or all facilities within a specific geographic area, if, due to geologic or hydrologic conditions, the cumulative discharge of the facilities has violated or will violate an Aquifer Water Quality Standard established under A.R.S. §§ 49-221 and 49-223. Unless the public health or safety is jeopardized, the Director may allow continuation of a discharge until the Department:

1. Issues a single individual permit,

2. Authorizes a discharge under another general permit, or

3. Consolidates the discharges authorized under the general permits by following R18-9-107.

C. If an individual permit is issued to replace general permit coverage, the coverage under the general permit allowing the discharge is automatically revoked upon issuance of the individual permit and notification under subsection (E) is not required.

D. If the Director revokes coverage under a general permit, the facility shall not discharge unless allowed under subsection (B) or under an individual permit.

E. If coverage under the general permit is revoked under subsections (A) or (B), the Director shall notify the permittee by certified mail of the decision. The notification shall include:

1. A brief statement of the reason for the decision;

2. The effective revocation date of the general permit coverage;

3. A statement of whether the discharge shall cease or whether the discharge may continue under the terms of revocation in subsection (B);

4. Whether the Director requires a person to obtain an individual permit, and if so:

a. An individual permit application form, and

b. Identification of a deadline between 90 and 180 days after receipt of the notification for filing the application;

5. The applicant's right to appeal the revocation, the number of days the applicant has to file an appeal, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

6. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A308 [Repealed]

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Repealed by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A309 General Provisions for On-site Wastewater Treatment Facilities

A. General requirements and prohibitions.

1. No person shall discharge sewage or wastewater that contains sewage from an on-site wastewater treatment facility except under an Aquifer Protection Permit issued by the Director.

2. A person shall not install, allow to be installed, or maintain a connection between any part of an on-site wastewater treatment facility and a drinking water system or supply so that sewage or wastewater contaminates the drinking water.

3. A person shall not bypass or release sewage or partially treated sewage that has not completed the treatment process from an on-site wastewater treatment facility.

4. A person shall not use a cesspool for sewage disposal.

5. A person constructing a new on-site wastewater treatment facility or replacing the treatment works or disposal works of an existing on-site wastewater treatment facility shall connect to a sewage collection system if either (a) or (b) below apply:

a. One of the following applies:

i. A provision of a Nitrogen Management Area designation under R18-9-A317(C) requires connection;

ii. A county, municipal, or sanitary district ordinance requires connection; or

iii. The on-site wastewater treatment facility is located within an area identified for connection to a sewage collection system by a Certified Area-wide Water Quality Management Plan adopted under 18 A.A.C. 5 or a master plan adopted by a majority of the elected officials of a board or council for a county, municipality, or sanitary district; or

b. A sewer service line extension is available at the property boundary and both of the following apply:

i. The service connection fee is not more than $6000 for a dwelling or $10 times the daily design flow in gallons for a source other than a dwelling, and

ii. The cost of constructing the building sewer from the wastewater source to the service connection is not more than $3000 for a dwelling or $5 times the daily design flow in gallons for a source other than a dwelling.

6. The Department shall prohibit installation of an on-site wastewater treatment facility if the installation will create an unsanitary condition or environmental nuisance or cause or contribute to a violation of an Aquifer Water Quality Standard.

7. A person shall design and operate the permitted on-site wastewater treatment facility so that:

a. Flows to the facility consist of typical sewage and do not include any motor oil, gasoline, paint, varnish, solvent, pesticide, fertilizer, or other material not generally associated with toilet flushing, food preparation, laundry, or personal hygiene;

b. Flows to the facility from commercial operations do not contain hazardous wastes as defined under A.R.S. § 49921(5) or hazardous substances;

c. If the sewage contains a component of nonresidential flow such as food preparation, laundry service, or other source, the sewage is adequately pretreated by an interceptor that complies with R18-9-A315 or another device authorized by a general permit or approved by the Department under R18-9-A312(G);

d. Except as provided in subsection (A)(7)(c), a sewage flow that does not meet the numerical levels for typical sewage is adequately pretreated to meet the numerical levels before entry into an on-site wastewater treatment facility authorized by this Article;

e. Flow to the facility does not exceed the design flow specified in the Discharge Authorization;

f. The facility does not create an unsanitary condition or environmental nuisance, or cause or contribute to a violation of either a Aquifer Water Quality Standard or a Surface Water Quality Standard; and

g. Activities at the site do not adversely affect the operation of the facility.

8. A person shall control the discharge of total nitrogen from an on-site wastewater treatment facility as follows:

a. For an on-site wastewater treatment facility operating under the 1.09 General Permit or proposed for construction in a Notice of Intent to Discharge under a Type 4 General Permit and the facility is located within a Nitrogen Management Area, the provisions of R18-9-A317(D) apply;

b. For an on-site wastewater treatment facility proposed for construction in a Notice of Intent to Discharge under R18-9-E323, the provisions of R18-9-E323(A)(4) apply;

c. For a subdivision proposed under 18 A.A.C. 5, Article 4, for which on-site wastewater treatment facilities are used for sewage disposal, the permittee shall demonstrate in the geological report required in R18-5-408(E)(1) that total nitrogen loading from the on-site wastewater treatment facilities to groundwater is controlled by providing one of the following:

i. For a subdivision platted for a single family dwelling on each lot, calculations that demonstrate that the number of lots within the subdivision does not exceed the number of acres contained within the boundaries of the subdivision;

ii. For a subdivision platted for dwellings that do not meet the criteria specified in subsection (A)(8)(c)(i), calculations that demonstrate that the nitrogen loading over the total area of the subdivision is not more than 0.088 pounds (39.9 grams) of total nitrogen per day per acre calculated at a horizontal plane immediately beneath the active treatment of the disposal fields, based on a total nitrogen contribution to raw sewage of 0.0333 pounds (15.0 grams) of total nitrogen per day per person; or

iii. An analysis by another means of demonstration showing that the nitrogen loading to the aquifer due to on-site waste-water treatment facilities within the subdivision does not cause or contribute to a violation of the Aquifer Water Quality Standard for nitrate at the applicable point of compliance.

9. Repairs and Routine Work.

a. A Notice of Intent to Discharge is not required for repair or routine work that maintains a facility.

b. A Notice of Intent to Discharge is required for the following non-routine work or repairs:

i. Converting a facility from operation under gravity to one requiring a pump or other mechanical device for treatment or disposal;

ii. Modifying or replacing a facility operating under the 1.09 General Permit with a different type of treatment or disposal technology;

iii. Changing the treatment works or disposal works of a facility authorized under one or more Type 4 General Permits to a technology covered by any other Type 4 General Permit;

iv. Extending the disposal works more than 10 feet beyond the footprint of the original disposal works;

iv. Reconstructing any part of the disposal works in soil that is inadequate for the treated wastewater flow or strength;

v. Expanding the footprint of the facility into or within setback buffers established in R18-9-A312(C) ;

vi. Reconstructing the disposal works so that it does not meet the vertical separation requirements specified in R18-9-A312(E) ;

vii. Modifying a treatment works or disposal works to accommodate a daily design flow or waste load greater than the daily design flow or waste load applicable to the original facility; or

viii. Replacing the treatment works.

ii. Modifying or replacing a treatment works or disposal works, as defined in R18-9-101; or

iii. Modifying a facility in any manner that is inconsistent with the originally approved design and installation of the facility.

c. Components used in a repair shall meet the design, installation, and operational requirements of this Article.

d.c. A permittee shall comply with any local ordinance that provides independent permitting requirements for repair or routine work.

e.d. A person, as defined in R18-9-101, shall not modify the facility so as to create an unsanitary condition or environmental nuisance or cause or contribute to an exceedance of a water quality standard.

10. Cumulative flows. When there is more than one on-site wastewater treatment facility on a property or on a site under common ownership or subject to a larger plan of sale or development, the Director shall determine whether an individual permit is required or whether the applicant qualifies for coverage to discharge under a general permit based on the sum of the design flows from the proposed installation and existing on-site wastewater treatment facilities on the property or site.

a. If the sum of the design flows is less than 3000 gallons per day, the Department will process the application under R18-9-E302 through R18-9-E322, as applicable.

b. If the sum of the design flows is equal to or more than 3000 gallons per day but less than 24,000 gallons per day, the Department will process the application under R18-9-E323.

c. If the sum of the design flows is equal to or more than 24,000 gallons per day, the project does not qualify for coverage under a Type 4 General Permit and the applicant shall submit an application for an individual permit under Article 2 of this Chapter.

11. The use of a gray water system does not change the design, capacity, or reserve area requirements for an on-site wastewater treatment facility regulated under R18-9-E302 through R18-9-E323 . The design of an on-site facility shall ensure the on-site facility can treat and dispose of the combined black water and gray water flows generated at the site. Black water includes waste-water flows from a kitchen sink. Kitchen sink wastewater flows are not gray water. Kitchen sink wastewater flows are not gray water even if a holding tank receiving kitchen sink wastewater, such as a recreational vehicle holding tank, is labeled as holding gray water. Gray water, as defined in R18-9-101, may be utilized in accordance with Article 7 of this Chapter.

12. To obtain coverage under a Type 4 General Permit, an applicant must, in the following order:

a. Submit a Notice of Intent to Discharge according to requirements in R18-9-A301(B), R18-9-A309(B), and according to permit-specific requirements in Part E of Article 3,

b. Receive a Construction Authorization from the Director pursuant to R18-9-A301(D)(1)),

c. Submit a Request for Discharge Authorization according to requirements in R18-9-A301(D)(1)(f), R18-9-A309(C), and according to permit-specific requirements in Part E of Article 3, and

d. Receive a Discharge Authorization from the Director pursuant to R18-9-A301(D)(2) and R18-9-A309(C).

B. Notice of Intent to Discharge under a Type 4 General Permit. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit the following information in a format approved by the Department:

1. A site investigation report that summarizes the results of the site investigation conducted under R18-9-A310(B), including:

a. Results from any soil evaluation, percolation test, or seepage pit performance test;

b. Any surface limiting condition identified in R18-9-A310(C)(2); and

c. Any subsurface limiting condition identified in R18-9-A310(D)(2);

2. A site plan that includes:

a. The parcel and lot number, if applicable, the property address or other appropriate legal description, the property size in acres, and the boundaries of the property;

b. A plan of the site drawn to scale, dimensioned, and with a north arrow that shows:

i. Proposed and existing on-site wastewater treatment facilities; dwellings and other buildings; driveways, swimming pools, tennis courts, wells, ponds, and any other paved, concrete, or water feature; down slopes and cut banks with a slope greater than 15 percent; retaining walls; and any other constructed feature that affects proper location, design, construction, or operation of the facility;

ii. Any feature less than 200 feet from the on-site wastewater treatment facility excavation and reserve area that constrains the location of the on-site wastewater treatment facility because of setback limitations specified in R18-9-A312(C);

iii. Topography, delineated with an appropriate contour interval, showing original and post-installation grades;

iv. Drainage patterns, and as applicable, drainage controls and erosion protection for the facility;

iv.v. Location and identification of the treatment and disposal works and wastewater pipelines, the reserve disposal area, and location and identification of all sites of percolation testing and soil evaluation performed under R18-9-A310; and

v.vi. Location of any public sewer if 400 feet or less from the property line;

3. The design flow of the on-site wastewater treatment facility, consisting of gray water and black water flows, expressed in gallons per day based on Table 1, Unit Design Flows, the expected strength of the wastewater if the strength exceeds the levels for typical sewage, and:

a. For a single family dwelling, a list of the number of bedrooms and plumbing fixtures and corresponding unit flows used to calculate the design flow of the facility; and

b. For a dwelling other than for a single family, a list of each wastewater source and corresponding unit flows used to calculate the design flow of the facility;

4. A list of materials, components, and equipment for constructing the on-site wastewater treatment facility;

5. Drawings, reports, and other information that are clear, reproducible, and in a size and format specified by the Department;

6. If pretreatment is necessary for a facility to comply with the requirements of this Chapter, including R18-9-A309(A)(7), then a design report approved by the on-site wastewater treatment facility manufacturer or manufacturers that specifies component capacities, control settings, and supplemental installation and operation practices necessary to produce typical sewage numerical levels before entry into an on-site wastewater treatment facility; and

6.7. For a facility that includes treatment or disposal works permitted under R18-9-E303 through R18-9-E323:

a. Construction quality drawings that show the following:

i. Systems, subsystems, and key components, including manufacturer's name, model number, and associated construction notes and inspection milestones, as applicable;

ii. A title block, including facility owner, revision date, space for addition of the Department's application number, and page numbers;

iii. A plan and profile with the elevations of wastewater pipelines, and treatment and disposal components, including calculations justifying the absorption area, to allow Department verification of hydraulic and performance characteristics;

iv. Cross sections showing wastewater pipelines, construction details and elevations of treatment and disposal components, original and finished grades of the land surface, seasonal high water table if less than 10 feet below the bottom of a disposal works or 60 feet below the bottom of a seepage pit, and a soil elevation evaluation to allow Department verification of installation design and performance; and

v. Drainage pattern, drainage controls, and erosion protection, as applicable, for the facility; and

b. A draft operation and maintenance manual for the on-site wastewater treatment facility consisting of the tasks and schedules for operating and maintaining performance over a 20-year operational life;

C. Additional requirements for a Request for Discharge Authorization and for the issuance of a Discharge Authorization under a Type 4 General Permit.

1. If the entire on-site wastewater treatment facility, including treatment works and disposal works, will be permitted under R18-9-E302, the Director shall issue the Discharge Authorization if, as a part of the Request for Discharge Authorization:

a. The site plan accurately reflects the final location and configuration of the components of the treatment and disposal works, and

b. The applicant or the applicant's agent certifies on the Request for Discharge Authorization form that the septic tank passed the watertightness test required by R18-9-A314(5)(d).

2. If the on-site wastewater treatment facility is proposed under R18-9-E303 through R18-9-E323, either separately or in any combination with each other or with R18-9-E302, the Director shall issue the Discharge Authorization if the following documents are submitted to the Department as part of the Request for Discharge Authorization:

a. As-built plans showing changes from construction quality drawings submitted under subsection (B)(6)(a);

b. A final list of equipment and materials showing changes from the list submitted under subsection (B)(4);

c. A final operation and maintenance manual for the on-site wastewater treatment facility consisting of the tasks and schedules for operating and maintaining performance over a 20-year operational life;

d. A certification that a service contract for ensuring that the facility is operated and maintained to meet the performance and other requirements of the applicable general permits exists for at least one year following the beginning of the operation of the on-site wastewater treatment facility, including the name of the service provider, if the on-site wastewater treatment facility is permitted under:

i. R18-9-E304;

ii. R18-9-E308 through R18-9-E315;

iii. R18-9-E316, if the facility includes a pump; or

iv. R18-9-E318 through R18-9-E322;

e. Other documents, if required by the separate general permits in 18 A.A.C. 9, Article 3, Part E;

f. A Certificate of Completion signed by the current engineer or designer of record assuring that installation of the facility conforms to the design approved under the Construction Authorization under R18-9-A301(D)(1)(c); and a regulatory representative, such as an inspector, may not act as an applicant's agent, nor authorize backfill before the current engineer or designer of record has verified proper installation of the system;

g. The name of the installation contractor and the Registrar of Contractor's license number issued to the installation contractor; and

h. A certification that any septic tank installed as a component of the on-site wastewater treatment facility passed the water-tightness test required by R18-9-A314(5)(d).

3. The Director shall specify in the Discharge Authorization:

a. The permitted design flow of the facility,

b. The characteristics of the wastewater sources contributing to the facility, and

c. A list of the documents submitted to and reviewed by the Department satisfying subsection (C)(2).

D. Closure requirements. A person who permanently discontinues use of an on-site wastewater treatment facility or a cesspool, or is ordered by the Director to close an abandoned facility shall:

1. Remove all sewage from the facility and dispose of the sewage in a lawful manner;

2. Disconnect and remove electrical and mechanical components;

3. Remove or collapse the top of any tank or containment structure.

a. Punch a hole in the bottom of the tank or containment structure if the bottom is below the seasonal high groundwater table;

b. Fill the tank or containment structure or any cavity resulting from its removal with earth, sand, gravel, concrete, or other approved material; and

c. Regrade the surface to provide drainage away from the closed area;

4. Cut and plug both ends of the abandoned sewer drain pipe between the building and the on-site wastewater treatment facility not more than 5 feet outside the building foundation if practical, or cut and plug as close to each end as possible; and

5. Notify the Department within 30 days of closure.

E. Proprietary and other reviewed products.

1. The Department shall maintain a list of proprietary and other reviewed products that may be used for on-site wastewater treatment facilities to comply with the requirements of this Article. The list shall include appropriate information on the applicability and limitations of each product.

2. The list of proprietary and other reviewed products may include manufactured systems, subsystems, or components within the treatment works and disposal works if the products significantly contribute to the treatment performance of the system or provide the means to overcome site limitations. The Department will not list septic tanks, effluent filters or components that do not significantly affect treatment performance or provide the means to overcome site limitations.

3. A person may request that the Department add a product to the list of proprietary and other reviewed products. The request may include a proposed reference design for review. The Department shall ensure that performance values in the list reflect the treatment performance for defined wastewater characteristics. The Department shall assess fees under 18 A.A.C. 14 for product review.

F. Recordkeeping. A permittee authorized to discharge under one or more Type 4 General Permits shall maintain the Discharge Authorization and associated documents for the life of the facility.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A310 Site Investigation for Type 4 On-site Wastewater Treatment Facilities

A. Definition. For purposes of this Section, "clean water" means water free of colloidal material or additives that could affect chemical or physical properties if the water is used for percolation or seepage pit performance testing.

B. Site investigation. An applicant shall ensure that an investigator qualified under subsection (H) conducts a site investigation consisting of a surface characterization under subsection (C) and a subsurface characterization under subsection (D). The applicant shall submit the results in a format prescribed by the Department. The site investigation shall provide sufficient data to:

1. Select appropriate primary and reserve disposal areas for an on-site wastewater treatment facility considering all surface and subsurface limiting conditions in subsections (C)(2) and (D)(2); and;

2. Effectively design and install the selected facility to serve the anticipated development at the site, whether or not limiting conditions exist.

C. Surface characterization.

1. Surface characterization method. The investigator shall characterize the surface of the site where an on-site wastewater treatment facility is proposed for installation using one of the following methods:

a. The "Standard Practice for Surface Site Characterization for On-site Septic Systems, D5879-95 (2003)," published by the American Society for Testing and Materials. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or

b. Another method of surface characterization that can, with accuracy and reliability, identify and delineate the surface limiting conditions specified in subsection (C)(2).

2. Surface limiting conditions. The investigator shall determine whether, and if so, where any of the following surface limiting conditions exist:

a. The surface slope is greater than 15 percent at the intended location of the on-site wastewater treatment facility;

b. Minimum setback distances are not within the limits specified in R18-9-A312(C);

c. Surface drainage characteristics at the intended location of the on-site wastewater treatment facility will adversely affect the ability of the facility to function properly;

d. A 100-year flood hazard zone, as indicated on the applicable flood insurance rate map, is located within the property on which the on-site wastewater treatment facility will be installed, and the flood hazard zone may adversely affect the ability of the facility to function properly;

e. An outcropping of rock that cannot be excavated exists in the intended location of the on-site wastewater treatment facility or will impair the function of soil receiving the discharge; and

f. Fill material deposits exist in the intended location of the on-site wastewater treatment facility.

D. Subsurface characterization.

1. Subsurface characterization method. The investigator shall characterize the subsurface of the site where an on-site wastewater treatment facility is proposed for installation using one or more of the following methods:

a. The following ASTM standard practice, which is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959:

i. "Standard Practice for Subsurface Site Characterization of Test Pits for On-site Septic Systems, D5921-96(2003)e1 (2003)," published by the American Society for Testing and Materials;

ii. "Standard Practice for Soil Investigation and Sampling by Auger Borings, D1452-80 (2000)," published by the American Society for Testing and Materials;

b. Percolation testing as specified in subsection (F);

c. Seepage pit performance testing as specified in subsection (G); or

d. Another method of subsurface characterization, approved by the Department, that ensures compliance with water quality standards through proper system location, selection, design, installation, and operation.

2. Subsurface limiting conditions. The investigator shall determine whether any of the following limiting conditions exist in the primary and reserve areas of the on-site wastewater treatment facility within a minimum of 12 feet of the land surface or to an impervious soil or rock layer if encountered at a shallower depth:

a. The soil absorption rate determined under R18-9-A312(D)(2) is:

i. More than 1.20 gallons per day per square foot, or

ii. Less than 0.20 gallons per day per square foot;

b. The vertical separation distance from the bottom of the lowest point of the disposal works to the seasonal high water table is less than the minimum vertical separation specified in R18-9-A312(E)(1);

c. Seasonal saturation occurs within surface soils that could affect the performance of the on-site wastewater treatment facility;

d. One of the following subsurface conditions that may cause or contribute to the surfacing of wastewater:

i. An impervious soil or rock layer,

ii. A zone of saturation that substantially limits downward percolation from the disposal works,

iii. Soil with more than 50 percent rock fragments;

e. One of the following subsurface conditions that promotes accelerated downward movement of insufficiently treated waste-water:

i. Fractures or joints in rock that are open, continuous, or interconnected;

ii. Karst voids or channels; or

iii. Highly permeable materials such as deposits of cobbles or boulders; or

f. A subsurface condition that may convey wastewater to a water of the state and cause or contribute to an exceedance of a water quality standard established in 18 A.A.C. 11, Articles 1 and 4.

3. Applicability of subsurface characterization methods. The investigator shall:

a. For a seepage pit constructed under R18-9-E302, test seepage pit performance using the procedure specified in subsection (G);

b. For an on-site wastewater treatment facility other than a seepage pit, characterize soil by using the ASTM method specified in subsection (D)(1)(a) if any of the following site conditions exists:

i. The natural surface slope at the intended location of the on-site wastewater treatment facility is greater than 15 percent;

ii. Bedrock or similar consolidated rock formation that cannot be excavated with a shovel outcrops on the property or occurs less than 12 feet below the land surface;

iii. The native soil at the surface or encountered in a boring, trench, or hole consists of more than 35 percent rock fragments;

iv. The seasonal high water table occurs within 12 feet of the natural land surface as encountered in trenches or borings, or evidenced by well records or hydrologic reports;

v. Seasonal saturation at the natural land surface occurs as indicated by soil mottling, vegetation adapted to near-surface saturated soils, or springs, seeps, or surface water near enough to the intended location of the on-site wastewater treatment facility to have a connection with potential seasonal saturation at the land surface; or

vi. A percolation test yields results outside the limits specified in subsection (D)(2)(a) and (b).

c. Percolation testing. The investigator may perform percolation testing as specified in subsection (F):

i. To augment another method of subsurface characterization if useful to locate or design an on-site wastewater treatment facility, or

ii. As the sole method of subsurface characterization if a subsurface characterization by an ASTM method is not required under subsection (D)(3)(b).

E. If an ASTM method is used for subsurface characterization, the investigator shall conduct subsurface characterization tests at the site to provide adequate, credible, and representative information to ensure proper location, selection, design, and installation of the on-site wastewater treatment facility. The investigator shall:

1. Select at least two test locations in the primary area and one test location in the reserve area to conduct the tests;

2. Perform the characterization at each test location at appropriate depths to:

a. Establish the wastewater absorption capacity of the soil under R18-9-A312(D), and

b. Aid in determining that a sufficient zone of unsaturated flow is provided below the disposal works to achieve necessary wastewater treatment; and

3. Submit with the site investigation report:

a. A log of soil formations for each test location with information on soil type, texture, and classification; percentage of rock; structure; consistence; and mottles;

b. A determination of depth to groundwater below the land surface by test trenches or borings, published groundwater data, subdivision reports, or relevant well data; and

c. A determination of the water absorption characteristics of the soil, under R18-9-A312(D)(2)(b), sufficient to allow location and design of the on-site wastewater treatment facility.

F. Percolation testing method for subsurface characterization.

1. Planning and preparation. The investigator shall:

a. Select at least two locations in the primary area and at least one location in the reserve area for percolation testing, to provide adequate and credible information to ensure proper location, selection, design, and installation of a properly working on-site wastewater treatment facility;

b. Perform percolation testing at each location at intervals in the soil profile sufficient to:

i. Establish the wastewater absorption capability of the soil under R18-9-A312(D), and

ii. Aid in determining that a sufficient zone of unsaturated flow is provided below the disposal works to achieve necessary wastewater treatment. The investigator shall perform percolation tests at multiple depths if there is an indication of an obvious change in soil characteristics that affect the location, selection, design, installation, or disposal performance of the on-site wastewater treatment facility;

c. Excavate percolation test holes in undisturbed soil at least 12 inches deep with dimensions of 12 inches by 12 inches, if square, or a diameter of 15 inches, if round. The investigator shall not alter the structure of the soil during the excavation;

d. Place percolation test holes away from site or soil features that yield unrepresentative or misleading data pertaining to the location, selection, design, installation, or performance of the on-site wastewater treatment facility;

e. Scarify smeared soil surfaces within the percolation test holes and remove any loosened materials from the bottom of the hole; and

f. Use buckets with holes in the sides to support the sidewalls of the percolation test hole, if necessary. The investigator shall fill any voids between the walls of the hole and the bucket with pea gravel to reduce the impact of the enlarged hole.

2. Presoaking procedure. The investigator shall:

a. Fill the percolation test hole with clean water to a depth of 12 inches above the bottom of the hole;

b. Observe the decline of the water level in the hole and record time in minutes for the water to completely drain away;

c. Repeat the steps specified in subsection (F)(2)(a) and (b) if the water drains away in less than 60 minutes.

i. If the water drains away the second time in less than 60 minutes, the investigator shall repeat the steps specified in subsections (F)(2)(a) and (b).

ii. If the water drains away a third time in less than 60 minutes, the investigator shall perform the percolation test by following subsection (F)(3); and

d. Add clean water to the hole after 60 minutes and maintain the water at a minimum depth of 9 inches for at least four more hours if it takes 60 minutes or longer for the water to drain away. The investigator shall protect the hole from precipitation and runoff, and perform the percolation test specified in subsection (F)(3) between 16 and 24 hours after presoaking.

Conducting the test. The investigator shall:

a. Conduct the percolation test before soil hydraulic conditions established by the presoaking procedure substantially change. The investigator shall remove loose materials in the percolation test hole to ensure that the specified dimensions of the hole are maintained and the infiltration surfaces are undisturbed native soil;

b. Fill the test hole to a depth of six inches above the bottom with clean water;

c. Observe the decline of the water level in the test hole and record the time in minutes for the water level to fall exactly 1 inch from a fixed reference point. The investigator shall:

i. Immediately refill the hole with clean water to a depth of 6 inches above the bottom, and determine and record the time in minutes for the water level to fall exactly 1 inch,

ii. Refill the hole again with clean water to a depth of 6 inches above the bottom and determine and record the time in minutes for the water to fall exactly 1 inch, and

iii. Ensure that the method for measuring water level depth is accurate and does not significantly affect the percolation rate of the test hole;

d. If the percolation rate stabilizes for three consecutive measurements by varying no more than 10 percent, use the highest percolation rate value of the three measurements. If three consecutive measurements indicate that the percolation rate results are not stabilizing or the percolation rate is between 60 and 120 minutes per inch, the investigator shall use an alternate method based on a graphical solution of the test data to approximate the stabilized percolation rate;

e. Record the percolation rate results in minutes per inch; and

f. Submit the following information with the site investigation report:

i. A log of the soil formations encountered for all percolation tests including information on texture, structure, consistence, percentage of rock fragments, and mottles, if present;

ii. Whether and which test hole was reinforced with a bucket;

iii. The locations, depths, and bottom elevations of the percolation test holes on the site investigation map;

iv. A determination of depth to groundwater below the land surface by test trenches or borings, published groundwater data, subdivision reports, or relevant well data; and

v. A determination of the water absorption characteristics of the soil, under R18-9-A312(D)(2)(a), sufficient to allow location and design of the on-site wastewater treatment facility.

G. Seepage pit performance testing method for subsurface characterization. The investigator shall test seepage pits described in R18-9-E302 as follows:

1. Planning and Preparation. The investigator shall:

a. Identify the disposal areas at the site and drill a test hole at least 18 inches in diameter to the depth of the proposed seepage pit, at least 30 feet deep, and

b. Scarify soil surfaces within the test hole and remove loosened materials from the bottom of the hole.

2. Presoaking procedure. The investigator shall:

a. Fill the bottom 6 inches of the test hole with gravel, if necessary, to prevent scouring;

b. Fill the test hole with clean water up to 3 feet below the land surface;

c. Observe the decline of the water level in the hole and determine the time in hours and minutes for the water to completely drain away;

d. Repeat the procedure if the water drains away in less than four hours; If the water drains away the second time in less than four hours, the investigator shall conduct the seepage pit performance test by following subsection (G)(3);

e. Add water to the hole and maintain the water at a depth that leaves at least the top 3 feet of hole exposed to air for at least four more hours if the water drains away in four or more hours; and

f. Not remove the water from the hole before the seepage pit performance test if there is standing water in the hole after at least 16 hours of presoaking.

3. Conducting the test. The investigator shall:

a. Fill the test hole with clean water up to 3 feet below land surface;

b. Observe the decline of the water level in the hole and determine and record the vertical distance to the water level from a fixed reference point every 10 minutes. The investigator shall ensure that the method for measuring water level depth is accurate and does not significantly affect the rate of fall of the water level in the test hole;

c. Measure the decline of the water level continually until three consecutive 10-minute measurements indicate that the infiltration rates are within 10 percent. If measurements indicate that infiltration is not approaching a steady rate or if the rate is close to a numerical limit specified in R18-9-A312(E)(1), the investigator shall use, an alternate method based on a graphical solution of the test data to approximate the final stabilized infiltration rate;

d. Percolation test rate. Calculate the stabilized infiltration rate for a seepage pit determined by the test hole procedure specified in subsection (G)(1)(a) using the formula P = (15 / DS) x IS to determine an equivalent percolation test rate. Once "P" is determined, the investigator shall use R18-9-A312(D)(2)(a) to establish the design SAR for wastewater treated under R18-9-E302 and to calculate the required minimum sidewall area for the seepage pit using the equation specified in R18-9-E302(C)(5)(k) .

i. "P" is the percolation test rate (minutes per inch) tabulated in the first column of the table in R18-9-A312(D)(2)(a) ,

ii. "DS" is the diameter of the seepage pit test hole in inches, and

iii. "IS" is the seepage pit stabilized infiltration rate (minutes per inch) determined by the procedure specified in R18-9-A310(G)(3)(c);

e. Submit the following information with the site investigation report:

i. The results of the seepage pit performance testing including data, calculations, and findings on a form provided by the Department;

ii. The log of the test hole indicating lithologic characteristics and points of change;

iii. The location of the test hole on the site investigation map;

iv. A determination of depth to groundwater below the land surface by borings, published groundwater data, subdivision reports, or relevant well data.

f. Fill the test hole so that groundwater quality and public safety are not compromised if the seepage pit is drilled elsewhere or if a seepage pit cannot be sited at the location because of unfavorable test results.

H. Qualifications. An investigator shall not perform a site investigation under this Section unless the investigator has knowledge and competence in the subject area and is licensed in good standing or otherwise qualified in one of the following categories:

1. Arizona-registered professional engineer,

2. Arizona-registered geologist,

3. Arizona-registered sanitarian,

4. A certificate of training from a course recognized by the Department as sufficiently covering the information specified in this Section, or

5. Qualifies under another category designated in writing by the Department.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A311 Facility Selection for Type 4 On-site Wastewater Treatment Facilities

A. A person shall select, design, and install an on-site wastewater treatment facility that is appropriate for the site's geographic location, setback limitations, slope, topography, drainage and soil characteristics, wastewater infiltration capability, depth to the seasonal high water table, and any surface or subsurface limiting condition.

1. A person may use on-site treatment and disposal technologies covered by a Type 4 General Permit alone or in combination with another Type 4 General Permit to overcome site limitations.

2. An applicant may submit a single Notice of Intent to Discharge for an on-site wastewater treatment facility consisting of components or technologies covered by multiple general permits if the information submittal requirements of all the general permits are met.

3. The Director shall issue a single Construction Authorization under R18-9-A301(D)(1) and a single Discharge Authorization under R18-9-A301(D)(2) for an on-site wastewater treatment facility that consists of components or technologies covered by multiple general permits.

4. If either a septic tank or disposal method, or both, as identified in R18-9-E302, is appropriately used in combination with an alternative technology listed under R18-9-E303 through R18-9-E322, the applicant shall apply the design requirements specified in R18-9-E302, except that the specific requirements for R18-9-E303 through R18-9-E323, as applicable, supersede requirements in R18-9-E302 if the rules conflict. If additional modifications are necessary and appropriate to ensure adequate treatment, the applicant may request review under R18-9-A312(G) to allow the Department to approve the application.

B. A person may install a septic tank and disposal works system described in R18-9-E302 as the sole method of wastewater treatment and disposal at a site if the site investigation conducted under R18-9-A310 indicates that no limiting condition identified under R18-9-A310(C) or R18-9-A310(D) exists at the site.

1. A person may install a seepage pit only in valley-fill sediments in a basin-and-range alluvial basin and only if the seepage pit performance test results meet the criteria specified in R18-9-A312(E).

2. The person shall specify in the Notice of Intent to Discharge that no limiting conditions described in R18-9-A310(C) and (D) were identified at the site.

C. If any surface or subsurface limiting condition is identified in the site investigation report, an applicant may propose installation of a septic tank and disposal works system described in R18-9-E302 as the sole method of wastewater treatment and disposal at a facility only if:

1. The applicant submits information under R18-9-A312(G) that describes:

a. How the design of the septic tank and disposal works system specified in R18-9-E302 was modified to overcome limiting conditions;

b. How the modified design meets the criteria of R18-9 -A312(G)(3); and

c. A site-specific SAR under R18-9-A312(D)(2)(a) or (b), as applicable; and

2. None of the following surface or subsurface limiting conditions are identified at the site:

a. An outcropping of rock that cannot be excavated or will impair the function of soil receiving the discharge exists in the intended location of the on-site wastewater treatment facility, as described in R18-9-A310(C)(2)(e);

b. The vertical separation distance from the bottom of the lowest point of the disposal works to the seasonal high water table is less than the minimum vertical separation distance, as described in R18-9-A310(D)(2)(b); or

c. A subsurface condition that promotes accelerated downward movement of insufficiently treated wastewater as described in R18-9-A310(D)(2)(e).

D. If a site can accommodate a septic tank and disposal works system described in R18-9-E302, the applicant shall not install a treatment works or disposal works described in R18-9-E303 through R18-9-E322 unless the applicant submits a statement to the Department with the Notice of Intent to Discharge acknowledging the following:

1. The applicant is aware that although a septic tank and disposal works system described in R18-9-E302 is appropriate for the site, the applicant desires to install a treatment works or disposal works authorized under R18-9-E303 through R18-9-E322; and

2. The applicant is aware that a treatment works or disposal works authorized under R18-9-E303 through R18-9-E322 may result in higher capital, operation, and maintenance costs than a septic tank and disposal works system described in R18-9-E302.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A312 Facility Design for Type 4 On-site Wastewater Treatment Facilities

A. General design requirements. An applicant shall ensure that the person designing an on-site wastewater treatment facility:

Signs the design documents submitted as part of the Notice of Intent to Discharge to obtain a Construction Authorization, including plans, specifications, drawings, reports, and calculations; and

2. Locates and designs the on-site wastewater treatment facility project using good design judgment and relies on appropriate design methods and calculations.

B. Design considerations and flow determination. An applicant shall ensure that the person designing the on-site wastewater treatment facility shall:

Design the facility to satisfy a 20-year operational life;

2. Design the facility based on the provisions of one or more of the general permits in R18-9-E302 through R18-9-E322 for facilities with a design flow of less than 3000 gallons per day, and R18-9-E323 for facilities with a design flow of 3000 gallons per day to less than 24,000 gallons per day;

3. Design the facility based on the facility's design flow and wastewater characteristics as specified in R18-9-A309(A)(7), (10) and (11) and R18-9-A309(B)(3);

4. For on-site wastewater treatment facilities permitted under R18-9-E303 through R18-9-E323, apply the following design requirements, as applicable:

a. Include the power source and power components in construction drawings if electricity or another type of power is necessary for facility operation;

b. If a hydraulic analysis is required under subsection (E), perform the analysis based on the location and dimensions of the bottom and sidewall surfaces of the disposal works that are identified in the design documentation;

c. Design components, piping, ports, seals, and appurtenances to withstand installation loads, internal and external operational loads, and buoyant forces. Design ports for resistance against movement, and cap or cover openings for protection from damage and entry by rodents, mosquitoes, flies, or other organisms capable of transporting a disease-causing organism;

d. Design tanks, liners, ports, seals, piping to and within the facility, and appurtenances for water tightness under all operational conditions;

e. Provide adequate storage capacity above high operating level to:

i. Accommodate a 24-hour power or pump outage, and

ii. Contain wastewater that is incompletely treated or cannot be released by the disposal works to the native soil;

f. If a fixed media process is used, provide in the construction drawings the media material, installation specification, media configuration, and wastewater loading rate of the media at the daily design flow;

g. Provide a fail-safe wastewater control or operational process, if required by the general permit to prevent discharge of inadequately treated wastewater; and

h. Reference design. If using a reference design on file with the Department, indicate the reference design within the information submitted with the Notice of Intent to Discharge.

C. Setbacks. The following setbacks apply unless the Department:

1. Specifies alternative setbacks under Article 3, Part E of this Chapter;

2. Approves a different setback under the procedure specified in subsection (G); or

3. Establishes a more stringent setback on a site- or area-specific basis to ensure compliance with water quality standards.

| Features Requiring Setbacks | Setback For An On-Site Wastewater Treatment Facility, Including Reserve Area (In Feet) | Special Provisions | | --- | --- | --- | | 1. Building | 10 | Includes porches, decks (including pool decks), and steps (covered or uncovered), breezeways, roofed patios, carports, covered walks, and similar structures and appurtenances. | | 2. Property line shared with any adjoining lot or parcel not served by a common drinking water system* or an existing water well | 50 | A person may reduce the setback to a minimum of 5 feet from the property line if: a. The owners of any affected undeveloped adjacent properties agree, as evidenced by an appropriately recorded document, to limit the location of any new well on their property to at least 100 feet from the proposed treatment works and primary and reserve disposal works; and b. The arrangements and documentation are approved by the Department. | | 3. All other property lines | 5 | None | | 4. Public or private water supply well | 100 | None | | 5. Perennial or intermittent stream | 100 | Measured horizontally from the high water line of the peak streamflow from a 10-year, 24hour rainfall event. | | 6. Lake, reservoir, or canal | 100 | Measured horizontally from the high water line from a 10-year, 24-hour rainfall event at the lake or reservoir and measured horizontally from the edge of the canal. | | 7. Drinking water intake from a surface water source (includes an open water body, downslope spring or a well tapping stream-side saturated alluvium) | 200 | Measured horizontally from the on-site waste-water treatment facility to the structure or mechanism for withdrawing raw water such as a pipe inlet, grate, pump, intake or diversion box, spring box, well, or similar structure. | | 8. Wash or drainage easement with a drainage area of more than 20 acres | 50 | Measured horizontally from the nearest edge of the defined natural channel bank or drainage easement boundary. A person may reduce the setback to 25 feet if natural or constructed erosion protection is approved by the appropriate flood plain administrator. | | 9. Water main or branch water line | 10 | None | | 10. Domestic service water line (including domestic water holding tanks) | 5 | Measured horizontally between the water line and the wastewater pipe, except that the following are allowed: a. A water line may cross above a wastewater pipe if the crossing angle is between 45 and 90 degrees and the vertical separation distance is 1 foot or more. b. A water line may parallel a wastewater pipe with a horizontal separation distance of 1 foot to 5 feet if the bottom of the water line is 1 foot or more above the top of the wastewater pipe and is in a separate trench or on a bench in the same trench. | | 11. Downslopes or cut banks greater than 15 percent, culverts, and ditches from: a. Treatment works components b. Trench, bed, chamber technology, or gravelless trench with: i. No limiting subsurface condition specified in R18-9-A310(D)(2) , ii. A limiting subsurface condition. c. Subsurface drip lines. | 10 20 50 3 | Measured horizontally from the bottom of the treatment works component to the closest point of daylighting on the surface. Measured horizontally from the bottom of the lowest point of the disposal pipe or drip lines, as applicable, to the closest point of daylighting on the surface. Measured horizontally from the bottom of the lowest point of the disposal pipe or drip lines, as applicable, to the closest point of daylighting on the surface. | | 12. Driveway | 5 | Measured horizontally to the nearest edge of an on-site wastewater treatment facility excavation. A person may place a properly reinforced and protected wastewater treatment facility, except for disposal works, at any location relative to a driveway if access openings, risers, and covers carry the design load and are protected from inflow. | | 13. Swimming pool excavation | 5 | Except if soil loading or stability concerns indicate the need for a greater separation distance. | | 14. Easement (except drainage easement) | 5 | None | | 15. Earth fissures | 100 | None | | * A "common drinking water system" means a system that currently serves or is under legal obligation to serve the property and may include a drinking water utility, a well-sharing agreement, or other viable water supply agreement. | | |

D. Soil absorption rate (SAR) and disposal works sizing.

1. An applicant shall determine the soil absorption area by dividing the design flow by the applicable soil absorption rate. If soil characterization and percolation test methods yield different SAR values or if multiple applications of the same approach yield different values, the designer of the disposal works shall use the lowest SAR value unless a higher SAR value is proposed and justified to the Department's satisfaction in the Notice of Intent to Discharge.

2. The SAR used to calculate disposal works size for systems described in R18-9-E302 is as follows:

a. The SAR by percolation testing as described in R18-9-A310(F) or (G), as applicable, is determined as follows:

| Percolation Rate from Percolation Test (minutes per inch) | SAR, Trench, Chamber, and Pit (gal/day/ft²) | SAR, Bed (gal/day/ft²) | | --- | --- | --- | | Less than 1.00 | A site-specific SAR is required | A site-specific SAR is required | | 1.00 to less than 3.00 | 1.20 | 0.93 | | 3.00 | 1.10 | 0.73 | | 4.00 | 1.00 | 0.67 | | 5.00 | 0.90 | 0.60 | | 7.00 | 0.75 | 0.50 | | 10.0 | 0.63 | 0.42 | | 15.0 | 0.50 | 0.33 | | 20.0 | 0.44 | 0.29 | | 25.0 | 0.40 | 0.27 | | 30.0 | 0.36 | 0.24 | | 35.0 | 0.33 | 0.22 | | 40.0 | 0.31 | 0.21 | | 45.0 | 0.29 | 0.20 | | 50.0 | 0.28 | 0.19 | | 55.0 | 0.27 | 0.18 | | 55.0+ to 60.0 | 0.25 | 0.17 | | 60.0+ to 120 | 0.20 | 0.13 | | Greater than 120 | A site-specific SAR is required | A site-specific SAR is required |

b. The SAR using the soil evaluation method described in R18-9-A310(E) is determined by answering the questions in the following table. The questions are read in sequence starting with "A." The first "yes" answer determines the SAR. A seepage pit is required to determine percolation rate under the procedure described in R18-9-A310(G) and would only use this table to augment the percolation test results, if appropriate.

| Sequence of Soil Characteristics Questions | SAR, Trench, Chamber, and Pit gal/day/ft² | SAR, Bed gal/day/ft² | | --- | --- | --- | | A. Is the horizon gravelly coarse sand or coarser? | A site-specific SAR is required | A site-specific SAR is required | | B. Is the structure of the horizon moderate or strongly platy? | A site-specific SAR is required | A site-specific SAR is required | | C. Is the texture of the horizon sandy clay loam, clay loam, silty clay loam, or finer and the soil structure weak platy? | A site-specific SAR is required | A site-specific SAR is required | | D. Is the moist consistence stronger than firm or any cemented class? | A site-specific SAR is required | A site-specific SAR is required | | E. Is the texture sandy clay, clay, or silty clay of high clay content and the structure massive or weak? | A site-specific SAR is required | A site-specific SAR is required | | F. Is the texture sandy clay loam, clay loam, silty clay loam, or silt loam and the structure massive? | A site-specific SAR is required | A site-specific SAR is required | | G. Is the texture of the horizon loam or sandy loam and the structure massive? | 0.20 | 0.13 | | H. Is the texture sandy clay, clay, or silty clay of low clay content and the structure moderate or strong? | 0.20 | 0.13 | | I. Is the texture sandy clay loam, clay loam, or silty clay loam and the structure weak? | 0.20 | 0.13 | | J. Is the texture sandy clay loam, clay loam, or silty clay loam and the structure moderate or strong? | 0.40 | 0.27 | | K. Is the texture sandy loam, loam, or silty loam and the structure weak? | 0.40 | 0.27 | | L. Is the texture sandy loam, loam, or silt loam and the structure moderate or strong? | 0.60 | 0.40 | | M. Is the texture fine sand, very fine sand, loamy fine sand, or loamy very fine sand? | 0.40 | 0.27 | | N. Is the texture loamy sand or sand? | 0.80 | 0.53 | | O. Is the texture coarse sand? | 1.20 | A site-specific SAR is required |

c. If the percolation rate determined under R18-9-A310(F) or (G), whichever is applicable, is a value that lies between two consecutive percolation rate values listed in subsection (2)(a) above, the applicant must use the higher of the two listed percolation rates to obtain the most conservative SAR.

3. For an on-site wastewater treatment facility described in a general permit other than R18-9-E302, the SAR is dependent on the ability of the facility to reduce the level of TSS and BOD₅ and is calculated using the following formula:

Click here to view

a. "SAR_a" is the adjusted soil absorption rate for disposal works design in gallons per day per square foot,

b. "TSS" is the total suspended solids in wastewater delivered to the disposal works in milligrams per liter,

c. "BOD₅" is the five-day biochemical oxygen demand of wastewater delivered to the disposal works in milligrams per liter, and

d. "SAR" is the soil absorption rate for septic tank effluent determined by the subsurface characterization method described in R18-9-A310.

4. An applicant shall ensure that the facility is designed so that the area of the intended installation is large enough to allow for construction of the facility and for future replacement or repair and is at least as large as the following:

a. For a dwelling, a primary area for the disposal works sized according to subsection (D)(1) and a reserve area of 100 percent of the primary area, excluding the footprint of the treatment works. A reserve area is not required for a lot in a subdivision approved before 1974 if the lot conforms to its original approved configuration;

b. For other than a dwelling, a primary area for the disposal works sized according to subsection (D)(1) and a reserve area of 100 percent of the primary area, excluding the footprint of the treatment works.

5. An applicant shall ensure that the subsurface disposal works is designed to achieve the design flow established in R18-9-A309(B)(3) through proper hydraulic function, including conditions of seasonally cold and wet weather.

E. Vertical separation distances.

1. Minimum vertical separation to the seasonal high water table for a disposal works described in R18-9-E302 receiving septic tank effluent. For a disposal works described in R18-9-E302 receiving septic tank effluent at a facility where the septic tank and disposal system described in R18-9-E302 is the sole method of treatment and disposal of wastewater, the minimum vertical separation distance between the lowest point in the disposal works and the seasonal high water table is dependent on the soil absorption rate and is determined as follows:

| Soil Absorption Rate (gallons per day per square foot) | Minimum Vertical Separation Between The Bottom Of The Disposal Works And The Seasonal High Water Table (feet) | | | | | --- | --- | --- | --- | --- | | Trench and Chamber | Bed | Seepage Pit | Trench, Chamber, and Bed | Seepage Pit | | 1.20+ | 0.93+ | 1.20+ | Not allowed for septic tank effluent | Not Allowed | | 0.63+ to 1.20 | 0.42 to 0.93 | 0.63+ to 1.20 | 10 | 60 | | 0.20 to 0.63 | 0.13 to 0.42 | 0.36 to 0.63 | 5 | 60 | | Less than 0.20 | Less than 0.13 | Less than 0.36 | Not allowed for septic tank effluent | Not Allowed |

Minimum vertical separation to the seasonal high water table for treatment and disposal works technologies described in R18-9-E303 through R18-9-E322 . If the minimum vertical separation distance to the seasonal high water table for a disposal works receiving septic tank effluent specified in subsection (E)(1) is not met, the applicant shall comply with the following:

a. Employ one or more technologies described in R18-9-E303 through R18-9-E322 to achieve a reduced concentration of harmful microorganisms, expressed as total coliform in colony forming units per 100 milliliters (cfu/100 ml) delivered to native soil at the bottom of the disposal works. The applicant shall use the following table to select works that achieve a reduced total coliform concentration corresponding to the available vertical separation distance between the bottom of the disposal works and the seasonal high water table:

| Available Vertical Separation Distance Between the Bottom of The Disposal Works and the Seasonal High Water Table (feet) | Maximum Allowable Total Coliform Concentration, 95^th Percentile, Delivered to Natural Soil by the Disposal Works (Log₁₀ of coliform concentration in cfu per 100 milliliters) | | | --- | --- | --- | | For SAR*, 0.20 to 0.63 | For SAR*, 0.63+ to 1.20 | | | 5 | 10 | 8** | | 4 | 8 | 7 | | 3.5 | 7 | 6 | | 3 | 6 | 5 | | 2.5 | 5 | 4 | | 2 | 4 | 3 | | 1.5 | 3 | 2 | | 1 | 2 | 1 | | 0 | 0 | 0*** |

* Soil absorption rate from percolation testing or soil characterization, in gallons per square foot per day.

** Nominal value for a standard septic tank and disposal field (10⁸ colony forming units per 100 ml).

*** Nominally free of coliform bacteria.

b. Include a hydraulic analysis with the Notice of Intent to Discharge, based on the dimensions of the absorption surfaces specified in R18-9-A312(B)(4)(b), showing that the soil is sufficiently permeable to conduct wastewater downward and laterally without surfacing for the site conditions at the disposal works.

3. Vertical separation from a subsurface limiting condition described in R18-9-A310(D)(2)(d) that may cause or contribute to surfacing of wastewater. If a subsurface limiting condition described in R18-9-A310(D)(2)(d) exists at the location of the disposal works, the applicant shall ensure that the design for the on-site wastewater treatment facility meets one of the following:

a. A zone of acceptable native soil with the following characteristics exists between the bottom of the disposal works and the top of the subsurface limiting condition:

i. The zone of soil is at least 4 feet thick, and

ii. The zone of soil is sufficiently permeable to conduct wastewater released from the disposal works vertically downward and laterally without causing surfacing of the wastewater as documented by a hydraulic analysis submitted with the Notice of Intent to Discharge that is based on the dimensions of the absorption surfaces specified in R18-9-A312(B)(4)(b);

b. The subsurface limiting condition is thin enough to allow placement of a disposal works into acceptable native soil beneath the subsurface limiting condition if the following criteria are met:

i. The bottom of the subsurface limiting condition is not deeper than 10 feet below the land surface, and

ii. The vertical separation distance from the bottom of the disposal works to the seasonal high water table complies with subsection (E)(1) or (2), as applicable; or

c. If the disposal works is placed above the subsurface limiting condition and the depth to the subsurface limiting condition is less than 4 feet below the bottom of the disposal works, the design for the on-site wastewater treatment facility shall comply with all of the following:

i. Employ one or more technologies described in R18-9-E303 through R18-9-E322 to achieve a reduced concentration of harmful microorganisms, expressed as total coliform in colony forming units per 100 milliliters (cfu/100 ml), delivered to acceptable native soil at the bottom of the disposal works, as follows:

| Available Vertical Separation Distance from the Bottom of the Disposal Works to the Subsurface Limiting Condition (feet) | Maximum Allowable Total Coliform Concentration, 95^th Percentile, Delivered to Acceptable Native Soil by the Disposal Works (Log₁₀ of coliform concentration in cfu per 100 milliliters) | | --- | --- | | 3.5 | 7 | | 3 | 6 | | 2.5 | 5 | | 2 | 4 | | 1.5 | 0* | | 1 | 0* | | 0.5 | 0* | | 0 | 0* |

* Nominally free of coliform bacteria.

ii. Include a hydraulic analysis with the Notice of Intent to Discharge, based on the location and dimensions of the absorption surfaces specified in R18-9-A312(B)(4)(b), showing that the soil is sufficiently permeable to conduct wastewater vertically downward and laterally without surfacing for the site conditions at the disposal works; and

iii. If a disinfection device under R18-9-E320 is proposed but is not used with surface disposal of wastewater under R18-9-E321 or "Category A" drip irrigation disposal under R18-9-E322, provide a justification with the Notice of Intent to Discharge stating why the selected type of disposal works is favored over disposal under R18-9-E321 or R18-9-E322.

4. Vertical separation from a subsurface limiting condition described in R18-9-A310(D)(2)(e) that promotes accelerated downward movement of insufficiently treated wastewater. If a subsurface limiting condition described in R18-9-A310(D)(2)(e) exists at the location of the proposed disposal works, the applicant shall ensure that the design for the on-site wastewater treatment facility meets one of the following:

a. A zone of naturally occurring soil with the following characteristics exists between the bottom of the disposal works and the top of the subsurface limiting condition:

i. The zone of soil is at least 2 feet thick, and

ii. The SAR of the soil is not less than 0.20 gallons per day per square foot nor more than 1.20 gallons per day per square foot; or

b. The on-site wastewater treatment facility employs one or more technologies described in R18-9-E303 through R18-9-E322 that produces treated wastewater that meets a total coliform concentration of 1,000,000 (Log₁₀6) colony forming units per 100 milliliters, 95^th percentile.

F. Materials and manufactured system components.

1. Materials. An applicant shall use aggregate if no specification for disposal works material is provided in this Article.

2. Manufactured components. If manufactured components are used, an applicant shall design, install, and operate the on-site wastewater treatment facility following the manufacturer's specifications. The applicant shall ensure that:

a. Treatment and containment components, mechanical equipment, instrumentation, and controls have monitoring, inspection, access and cleanout ports or covers, as appropriate, for monitoring and service;

b. Treatment and containment components, pipe, fittings, pumps, and related components and controls are durable, watertight, structurally sound, and capable of withstanding stress from installation and operational service; and

c. Distribution lines for disposal works are constructed of perforated high density polyethylene pipe, perforated ABS pipe, perforated PVC pipe, or other pipe material, if the pipe is suitable for wastewater disposal use and sufficient openings are available for distribution of the wastewater into the trench or bed area.

3. Electronic components. When electronic components are used, the applicant shall ensure that:

a. The component connections are compliant with the electrical code encompassed in the local building codes applicable in the county in which the facility is installed, except as required for a pressure distribution system under R18-9-E304(D)(2)(e);

a.b. Instructions and a wiring diagram are mounted on the inside of a control panel cover;

b.c. The control panel is equipped with a multimode operation switch, red alarm light, buzzer, and reset button;

c.d. The multimode operation switch operates in the automatic position for normal system operation; and

d.e. An anomalous condition is indicated by a glowing alarm light and sounding buzzer. The continued glowing of the alarm light after pressing the reset button shall signal the need for maintenance or repair of the system at the earliest practical opportunity.

If a conflict exists between this Article and the manufacturer's specifications, the requirements of this Article apply. Except for the requirements in subsection (D) and (E), which always apply, if the conflict voids a manufacturer's warranty, the applicant may submit a request under subsection (G) justifying use of the manufacturer's specifications.

G. Alternative design, setback, installation, or operational features. When an applicant submits a Notice of Intent to Discharge, the applicant may request that the Department review and approve a feature of improved or alternative technology, design, setback, installation, or operation that differs from a general permit requirement in this Article. Designs incorporating alternative features already approved in a current listing on the "proprietary and other reviewed product list" pursuant to R18-9-A309(E) do not need additional approval under this subsection for only those specific alternative features already approved in the proprietary products listing.

1. The applicant shall make the request for an improved or alternative feature of technology, design, setback, installation, or operation on a form provided by the Department and include:

a. A description of the requested change;

b. A citation to the applicable feature or technology, design, setback, installation, or operational requirement for which the change is being requested; and

c. Justification for the requested change, including any necessary supporting documentation.

2. The applicant shall submit the appropriate fee specified under 18 A.A.C. 14 for each requested change. For purposes of calculating the fee, a requested change that is applied multiple times in a similar manner throughout the facility is considered a single request if submitted for concurrent review.

The applicant shall provide sufficient information for the Department to determine that the change achieves equal or better performance compared with the general permit requirement, or addresses site or system conditions more satisfactorily than the requirements of this Article.

4. The Department shall review and may approve the request for change.

The Department shall deny the request for the change if the change will adversely affect other permittees or cause or contribute to a violation of an Aquifer Water Quality Standard.

The Department shall deny the request for the change if the change:

a. Fails to achieve equal or better performance compared to the general permit requirement;

b. Fails to address site or system conditions more satisfactorily than the general permit requirement;

c. Is insufficiently justified based on the information provided in the submittal;

d. Requires excessive review time, research, or specialized expertise by the Department to act on the request; or

e. For any other justifiable cause.

7. The Department may approve a reduced setback for a facility authorized to discharge under one or more of the general permits in R18-9-E302 through R18-9-E323, either separately or in combination, if the applicant additionally demonstrates at least one of the following:

a. The treatment performance is significantly better than that provided under R18-9-E302(B) ,

b. The wastewater loading rate is reduced, or

c. Surface or subsurface characteristics ensure that reduced setbacks are protective of human health or water quality.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended to correct a manifest typographical error in subsection (E)(1) (Supp. 01-1). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A313 Facility Installation, Operation, and Maintenance for On-site Wastewater Treatment Facilities

A. Facility installation. In addition to installation requirements in the general permit, the applicant shall ensure that the following tasks are performed, as applicable:

1. The facility is installed as described in design documents submitted with the Notice of Intent to Discharge;

2. Components are installed on a firm foundation that supports the components and operating loads;

3. The site is prepared to protect native soil beneath the soil absorption area and in adjacent areas from compaction, prevent smeared absorption surfaces, minimize disturbances from grubbing, and otherwise preclude damage to the disposal area that would impair performance;

4. Components are protected from damage at the construction site and installed in conformance with the manufacturer's instructions if consistent with this Article;

5. Treatment media are placed to achieve uniform density, prevent differential settling, produce a level inlet surface unless otherwise specified by the manufacturer, and avoid introduction of construction contaminants;

Backfill is placed to prevent damage to geotextile, liners, tanks, and other components;

7. Soil cover is shaped to shed rainfall away from the backfill areas and prevent ponding of runoff; and

8. Anti-buoyancy measures are implemented during construction if temporary saturated backfill conditions are anticipated during construction.

B. Operation and maintenance. In addition to operation and maintenance requirements in the general permit or specified in the operation and maintenance manual, the permittee shall ensure that the following tasks are performed, as applicable:

1. Pump accumulated residues, inspect and clean wastewater treatment and distribution components, and manage residues to protect human health and the environment;

2. Clean, backwash, or replace effluent filters according to the manufacturer's instructions, and manage residues to protect human health and the environment;

3. Inspect and clean the effluent baffle screen and pump tank, and properly dispose of cleaning residue;

4. Clean the dosing tank effluent screen, pump switches, and floats, and properly dispose of cleaning residue;

5. Flush lateral lines and return flush water to the pretreatment headworks;

Inspect, remove and replace, if necessary, and properly dispose of filter media;

7. Rod pressurized wastewater delivery lines and secondary distribution lines (for dosing systems), and return cleaning water to the pretreatment headworks;

8. Inspect and clean pump inlets and controls and return cleaning water to the pretreatment headworks;

9. Implement corrective measures if anomalous ponding, dryness, noise, odor, or differential settling is observed;

10. Inspect and monitor inspection and access ports, as applicable, to verify that operation is within expected limits for:

a. Influent wastewater quality;

b. The pressurized dosing system;

c. The aggregate infiltration bed and mound system;

d. Wastewater delivery and the engineered pad;

e. The pressurized delivery system, filter, underdrain, and native soil absorption system;

f. Saturation condition status in peat and other media; and

g. Treatment system components;

11. Inspect tanks, liners, ports, seals, piping, and appurtenances for watertightness under all operational conditions;

12. Manage vegetation in areas that contain components subject to physical impairment or damage due to root invasion or animals;

Maintain drainage, berms, protective barriers, cover materials, and other features; and

14. Maintain the usefulness of the reserve area to allow for repair or replacement of the on-site wastewater treatment facility.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A314 Septic Tank Design, Manufacturing, and Installation for On-site Wastewater Treatment Facilities

A person shall not install a septic tank in an on-site wastewater treatment facility unless the tank meets the following requirements:

1. The tank is:

a. Designed to produce a clarified effluent and provide adequate space for sludge and scum accumulations;

b. Watertight and constructed of solid durable materials not subject to excessive corrosion or decay;

c. Manufactured with at least two compartments unless two separate structures are placed in series. The tank is designed so that:

i. The inlet compartment of any septic tank not placed in series is nominally 67 percent to 75 percent of the total required capacity of the tank,

ii. Septic tanks placed in series are considered a unit and meet the same criteria as a single tank,

iii. The liquid depth of the septic tank is at least 42 inches, and

iv. A septic tank of 1000 gallon capacity is at least 8 feet long and the tank length of septic tanks of greater capacity is at least 2 times but not more than 3 times the width;

d. Manufactured with at least two access openings to the tank interior, each at least 20 inches in diameter. The tank is designed so that:

i. One access opening is located over the inlet end of the tank and one access opening is located over the outlet end;

ii. Whenever a first compartment exceeds 12 feet in length, another access opening is provided over the baffle wall; and

iii. Access openings and risers are constructed to ensure accessibility within 6 inches below finished grade;

e. Manufactured so that the sewage inlet and wastewater outlet openings are not smaller than the connecting sewer pipe. The tank is designed so that:

i. The vertical leg of round inlet and outlet fittings is at least 4 inches but not smaller than the connecting sewer pipe, and

ii. A baffle fitting has the equivalent cross-sectional area of the connecting sewer pipe and not less than a 4 inch horizontal dimension if measured at the inlet and outlet pipe inverts;

f. Manufactured so that the inlet and outlet pipe or baffle extends 4 inches above and at least 12 inches below the water surface when the tank is installed according to the manufacturer's instructions consistent with this Chapter. The invert of the inlet pipe is at least 2 inches above the invert of the outlet pipe;

g. Manufactured so that the inlet and outlet fittings or baffles and compartment partitions have a free vent area equal to the required cross-sectional area of the connected sewer pipe to provide free ventilation above the water surface from the disposal works or seepage pit through the septic tank, house sewer, and stack to the outer air;

h. Manufactured so that the open space extends at least 9 inches above the liquid level and the cover of the septic tank is at least 2 inches above the top of the inlet fitting vent opening;

i. Manufactured so that partitions or baffles between compartments are of solid durable material (wooden baffles are prohibited) and extend at least 4 inches above the liquid level. The open area of the baffle shall be between one and 2 times the open area of the inlet pipe or horizontal slot and located at the midpoint of the liquid level of the baffle. If a horizontal slot is used, the slot shall be no more than 6 inches in height;

j. Structurally designed to withstand all anticipated earth or other loads. The tank is designed so that:

i. All septic tank covers are capable of supporting an earth load of 300 pounds per square foot; and

ii. If the top of the tank is greater than 2 feet below finish grade, the septic tank and cover are capable of supporting an additional load of 150 pounds per square foot for each additional foot of cover;

k. Manufactured or installed so that the influent and effluent ends of the tank are clearly and permanently marked on the outside of the tank with the words "INLET" or "IN," and "OUTLET" or "OUT," above or to the right or left of the corresponding openings; and

l. Clearly and permanently marked with the manufacturer's name or registered trademark, or both, the month and year, or Julian date, of manufacture, the maximum recommended depth of earth cover in feet, and the design liquid capacity of the tank. The tank is manufactured to protect the markings from corrosion so that they remain permanent and readable for the operational life of the tank.

2. Materials used to construct or manufacture septic tanks.

a. A septic tank cast-in-place at the site of use shall be protected from corrosion by coating the tank with a bituminous coating, by constructing the tank using a concrete mix that incorporates 15 percent to 18 percent fly ash, or by any other Department-approved means. The tank is designed so that:

i. The coating extends at least 4 inches below the wastewater line and covers all of the internal area above that point; and

ii. A septic tank cast-in-place complies with the "Building Code Requirements for Structural Concrete and Commentary ACI 318-02/318R-02 (2002)," and the "Code Requirements for Environmental Engineering Concrete Structures and Commentary, ACI 350/350R-01 (2001)," published by the American Concrete Institute. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington Street, Phoenix, AZ 85007 or may be obtained from American Concrete Institute, P.O. Box 9094, Farmington Hills, MI 48333-9094.

b. A steel septic tank shall have a minimum wall thickness of No. 12 U.S. gauge steel and be protected from corrosion, internally and externally, by a bituminous coating or other Department-approved means.

c. A prefabricated concrete septic tank shall meet the "Standard Specification for Precast Concrete Septic Tanks, C1227-20," published by the American Society for Testing and Materials. This information is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington Street, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International West.

d. A septic tank manufactured using fiberglass or thermoplastic shall meet the requirements set forth in "Prefabricated Septic Tanks - IAPMO/ ANSI Z1000-2019," published by the International Association of Plumbing and Mechanical Officials. This information is incorporated by reference, does not include any later amendments or editions of the incorporated material, and may be viewed at the Arizona Department of Environmental Quality, 1110 W. Washington Street, Phoenix, AZ 85007 or obtained from International Association of Plumbing and Mechanical Officials, 4755 E. Philadelphia Street, Ontario, CA 917761.

3. Conformance with design, materials, and manufacturing requirements.

a. If any conflict exists between this Article and the information incorporated by reference in subsection (2), the requirements of this Article apply.

b. The Department may approve use of alternative construction materials under R18-9-A312(G) . Tanks constructed of wood, block, or bare steel are prohibited.

c. The Department may inspect septic tanks at the site of manufacturing to verify compliance with subsections (1) and (2).

d. The septic tank sale documentation includes:

i. A certificate attesting that the septic tank conforms with the design, materials, and manufacturing requirements in subsections (1) and (2); and

ii. Instructions for handling and installing the septic tank.

4. The septic tank's daily design flow is determined as follows:

a. For a single family dwelling:

i. The design liquid capacity of the septic tank and the septic tank's daily design flow are determined based on the number of bedrooms and fixture count as follows:

| Criteria for Septic Tank Size and Design Flow | | | | | --- | --- | --- | --- | | Number of Bedrooms | Fixture Count | Minimum Design Liquid Capacity (gallons) | Design Flow (gal/day) | | 1 | 7 or less | 1000 | 150 | | More than 7 | 1000 | 300 | | | 2 | 14 or less | 1000 | 300 | | More than 14 | 1000 | 450 | | | 3 | 21 or less | 1000 | 450 | | More than 21 | 1250 | 600 | | | 4 | 28 or less | 1250 | 600 | | More than 28 | 1500 | 750 | | | 5 | 35 or less | 1500 | 750 | | More than 35 | 2000 | 900 | | | 6 | 42 or less | 2000 | 900 | | More than 42 | 2500 | 1050 | | | 7 | 49 or less | 2500 | 1050 | | More than 49 | 3000 | 1200 | | | 8 | 56 or less | 3000 | 1200 | | More than 56 | 3000 | 1350 | |

ii. Fixture count is determined as follows:

| Residential Fixture Type | Fixture Units | Residential Fixture Type | Fixture Units | | --- | --- | --- | --- | | Bathtub | 2 | Sink, bar | 1 | | Bidet | 2 | Sink, kitchen (including dishwasher | 2 | | Clothes washer | 2 | Sink, service | 3 | | Dishwasher (Separate from kitchen) | 2 | Utility tub or sink | 2 | | Lavatory, single | 1 | Water closet, 1.6 gallons per flush (gpf) | 3 | | Lavatory, double in master bedroom | 1 | Water closet, >1.6 to 3.2 gpf | 4 | | Shower, single stall | 2 | Water closet, greater than 3.2 gpf | 6 |

b. For other than a single family dwelling, the design liquid capacity of a septic tank in gallons is 2.1 times the daily design flow into the tank as determined from Table 1, Unit Design Flows. If the wastewater strength exceeds that of typical sewage, additional tank volume is required.

c. A person may place two septic tanks in series to meet the septic tank design liquid capacity requirements if the capacity of the first tank is at least 67 percent of the total required tank capacity and the capacity of the second tank is at least 33 percent of the total required tank capacity.

5. The following requirements regarding new or replacement septic tank installation apply:

a. Permanent surface markers for locating the septic tank access openings are provided for maintenance;

b. A septic tank installed under concrete or pavement has the required access openings extended to grade;

c. A septic tank effluent filter is installed on the septic tank. The filter shall:

i. Prevent the passage of solids larger than 1/8 inch in diameter while under two feet of hydrostatic head; and

ii. Be constructed of materials that are resistant to corrosion and erosion, sized to accommodate hydraulic and organic loading, and removable for cleaning and maintenance; and

d. The septic tank is tested for watertightness after installation by the water test described in subsections (5)(d)(i) and (5)(d)(ii) and repaired or replaced, if necessary.

i. The septic tank is filled with clean water, as specified in R18-9-A310(A), to the invert of the outlet and the water left standing in the tank for 24 hours and:

(1) After 24 hours, the tank is refilled to the invert, if necessary;

(2) The initial water level and time is recorded; and

(3) After one hour, water level and time is recorded.

ii. The tank passes the water test if the water level does not drop over the one-hour period. Any visible leak of flowing water is considered a failure. A damp or wet spot that is not flowing is not considered a failure.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A315 Interceptor Design, Manufacturing, and Installation for On-site Wastewater Treatment Facilities

A. Interceptor requirement. An applicant shall ensure that an interceptor as required by R18-9-A309(A)(7)(c) or necessary due to excessive amounts of grease, garbage, sand, or other wastes in the sewage is installed between the sewage source and the on-site wastewater treatment facility.

B. Interceptor design. An applicant shall ensure that:

1. An interceptor has not less than two compartments with fittings designed for grease retention and capable of removing excessive amounts of grease, garbage, sand, or other similar wastes. An interceptor may not accept human excreta or toilet wastewater. Applicable structural and materials requirements prescribed in R18-9-A314 apply;

2. Interceptors are located as close to the source as possible and are accessible for servicing. The applicant shall ensure that access openings for servicing are at grade level and gas-tight;

3. The interceptor size for grease and garbage from non-residential kitchens is calculated using by the following equation: Interceptor Size (in gallons) = M × F × T × S.

a. "M" is the number of meals per peak hour;

b. "F" is the applicable waste flow rate from Table 1, Unit Design Flows.

c. "T" is the estimated retention time:

i. Commercial kitchen waste, dishwasher or disposal: 2.5 hours; or

ii. Single service kitchen with utensil wash disposal: 1.5 hours;

d. "S" is the estimated storage factor:

i. Fully equipped commercial kitchen, 8-hour operation: 1.0;

ii. Fully equipped commercial kitchen, 16-hour operation: 2.0;

iii. Fully equipped commercial kitchen, 24-hour operation: 3.0; or

iv. Single service kitchen, 1.5;

4. The interceptor size for silt and grease from laundries and laundromats is calculated using the following equation: Interceptor Size (in gallons) = M × C × F × T × S.

a. "M" is the number of machines;

b. "C" is the machine cycles per hour (assume 2);

c. "F" is the waste flow rate from Table 1, Unit Design Flows;

d. "T" is the estimated retention time (assume 2); and

e. "S" is the estimated storage factor (assume 1.5 that allows for rock filter).

C. The applicant may calculate the size of an interceptor using different factor values than those given in subsections (B)(3) and (4) based on the values justified by the applicant in the Notice of Intent to Discharge submitted to the Department for the on-site waste-water treatment facility.

D. The Department may require installation of a sampling box if the volume or characteristics of the waste will impair the performance of the on-site wastewater treatment facility.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-A316 Transfer of Ownership Inspection for On-site Wastewater Treatment Facilities

A. Conforming with this Section satisfies the Notice of Transfer requirements under R18-9-A304.

B. Within six months before the date of property transfer, the person who is transferring a property served by an on-site wastewater treatment facility shall retain an inspector to perform a transfer of ownership inspection of the on-site wastewater treatment facility who meets the following qualifications:

Possesses working knowledge of the type of facility and the inspection process;

2. Holds a certificate of training from a course recognized by the Department as sufficiently covering the information specified in this Section by July 1, 2006; and

3. Holds a license in one of the following categories:

a. An Arizona-registered engineer;

b. An Arizona-registered sanitarian;

c. An owner of a vehicle with a human excreta collection and transport license issued under 18 A.A.C. 13, Article 11 or an employee of the owner of the vehicle;

d. A contractor licensed by the Registrar of Contractors in one of the following categories:

i. Residential license B-4 or C-41;

ii. Commercial license A, A-12, or L-41; or

iii. Dual license KA or K-41;

e. A wastewater treatment plant operator certified under 18 A.A.C 5, Article 1; or

f. A person qualifying under another category designated by the Department.

C. The inspector shall complete a Report of Inspection on a form approved by the Department, sign it, and provide it to the person transferring the property. The Report of Inspection shall:

1. Address the physical and operational condition of the on-site wastewater treatment facility and describe observed deficiencies and repairs completed, if any;

2. Indicate that each septic tank or other wastewater treatment container on the property was pumped or otherwise serviced to remove, to the maximum extent possible, solid, floating, and liquid waste accumulations, or that pumping or servicing was not performed for one of the following reasons:

a. A Discharge Authorization for the on-site wastewater treatment facility was issued and the facility was put into service within 12 months before the transfer of ownership inspection,

b. Pumping or servicing was not necessary at the time of the inspection based on the manufacturer's written operation and maintenance instructions, or

c. No accumulation of floating or settled waste was present in the septic tank or wastewater treatment container; and

3. Indicate the date the inspection was performed.

D. Before the property is transferred, the person transferring the property shall provide to the person to whom the property is transferred:

1. The completed Report of Inspection; and

Documents in the person's possession relating to permitting, operation, and maintenance of the on-site wastewater treatment facility.

E. The person to whom the property is transferred shall complete a Notice of Transfer on a form approved by the Department and send the form with the applicable fee specified in 18 A.A.C. 14 within 15 calendar days after the property transfer to:

1. The Department for transfer of a property with an on-site wastewater treatment facility for which construction was completed before January 1, 2001; or

2. The health or environmental agency delegated by the Director to administer the on-site wastewater treatment facility program for transfer of a property with an on-site wastewater treatment facility constructed on or after January 1, 2001.

F. If the Department issued a Discharge Authorization for the on-site wastewater treatment facility but the facility was not put into service before the property transfer, an inspection of the facility is not required and the transferee shall complete the Notice of Transfer form as specified in subsection (E).

G. Effective date.

1. The owner of an on-site wastewater treatment facility operating under a Type 4 General Permit shall comply with this Section by November 12, 2005.

2. The owner of any on-site wastewater treatment facility other than a facility identified in subsection (G)(1) shall comply with this Section by July 1, 2006.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2002 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-A317 Nitrogen Management Area

A. The Director may designate a new Nitrogen Management Area to control groundwater pollution by sources of nitrogen regulated by Title 49, Chapter 2, Article 3 of the Arizona Revised Statutes and not covered under an individual permit, modify the boundaries or requirements of a Nitrogen Management Area, or rescind designation of a Nitrogen Management Area.

If existing conditions or trends in nitrogen loading to an aquifer will cause or contribute to an exceedance of the Aquifer Water Quality Standard for nitrate at a point or points of current or reasonably foreseeable use of the aquifer, the Director shall use the following criteria to determine whether to designate the area as a Nitrogen Management Area:

a. Population of the area;

b. The degree to which the area is unsewered;

c. Gross areal nitrogen loading, calculated as the amount of nitrogen discharged into the subsurface by use of on-site wastewater treatment facilities, divided by the land area under consideration for designation as a Nitrogen Management Area;

d. Population growth rate of area;

e. Existing contamination of groundwater by nitrogen species;

f. Existing and potential impact to groundwater by sources of nitrogen other than on-site wastewater treatment facilities;

g. Characteristics of the vadose zone and aquifer;

h. Location, number, and areal extent of existing and potential sources of nitrogen;

i. Location and characteristics of existing and potential drinking water supplies; and

j. Any other information relevant to determining the severity of actual or potential nitrogen impact on the aquifer.

2. The Director may modify the boundaries or requirements of a Nitrogen Management Area or rescind designation of a Nitrogen Management Area based on:

a. A material change to one or more criterion specified in subsection (A)(1); or

b. The adoption by a local agency of a master plan to substantially sewer the area as soon as possible, but with a completion deadline within 10 years, unless a completion deadline of more than 10 years is approved by the Director.

B. Preliminary designation, modification, or rescission.

1. The Director shall provide a report to the mayors and members of the Board of Supervisors of all towns, cities, and counties and the directors of all sanitary districts affected by the Department's proposed action to designate, modify, or rescind a Nitrogen Management Area as follows:

a. If the Department proposes to designate a Nitrogen Management Area, the Department shall provide a report discussing each criterion specified in subsection (A)(1).

b. If the Department proposes to modify the boundaries or requirements of a Nitrogen Management Area or rescind the designation of a Nitrogen Management Area, the Department shall provide a report discussing applicable criteria in subsections (A)(1) and (2).

2. The town, city, county, or sanitary district receiving the Director's report may provide written comments to the Department within 120 days to dispute the factual information presented in the report and supply any information supporting the comments.

3. The Director shall evaluate the comments and supporting information obtained under subsection (B)(2) and either designate, modify, or rescind the Nitrogen Management Area or withdraw the proposal.

C. Final designation.

1. If the Director designates or modifies the Nitrogen Management Area, the Department shall:

a. Issue or modify the Nitrogen Management Area designation and any special provisions established for the area to control groundwater pollution by sources of nitrogen regulated by Title 49, Chapter 2, Article 3 of the Arizona Revised Statutes but not covered under an individual permit. The Department shall provide notice to the mayors and members of the Board of Supervisors of all towns, cities, and counties and the directors of all sanitary districts affected by the determination;

b. Maintain the designation and a map showing the boundaries of the Nitrogen Management Area at the Arizona Department of Environmental Quality, 1110 West Washington, Phoenix, Arizona 85007 and on the Department's web site at www.azdeq.gov; and

c. Provide, upon request, a copy of the Nitrogen Management Area designation and a map of the area.

2. If the Director withdraws the preliminary Nitrogen Management Area designation or rescinds the Nitrogen Management Area designation, the Director shall issue a determination stating the decision and post it on the Department's web site at www.azdeq.gov.

D. Nitrogen Management Area requirements. Within a Nitrogen Management Area:

1. The Department shall issue a Construction Authorization, under R18-9-A301(D)(1)(c), for an on-site wastewater treatment facility only if the applicant proposes, in the Notice of Intent to Discharge, to employ one or more of the technologies allowed under R18-9-E302 through R18-9-E322 that achieves a discharge level containing not more than 15 mg/l of total nitrogen.

2. An agricultural operation shall use the best control measure necessary to reduce nitrogen discharge when implementing the best management practices developed under 18 A.A.C. 9, Article 4. The Director may require the owner or operator to reassess the performance of the impoundment liner systems constructed under R18-9-403 before November 12, 2005.

3. A person shall comply with any special provision established for the Nitrogen Management Area, as applicable, for the person's facility.

History

• New Section made by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Article 6 UNDERGROUND INJECTION CONTROL

Part A GENERAL PROVISIONS

Ariz. Admin. Code § R18-9-A601 Definitions

The following terms apply to this Article:

1. "Abandoned well" means a well whose use has been permanently discontinued or which is in a state of disrepair such that it cannot be used for its intended purpose or for observation purposes.

2. "Administrator" means the Administrator of the United States Environmental Protection Agency (EPA), or an authorized representative.

"Application" means the ADEQ prescribed method, such as a form, for applying for a permit, including any additions, revisions or modifications thereof.

4. "Appropriate Act and regulations" means the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (RCRA); or Safe Drinking Water Act (SDWA), whichever is applicable; and applicable regulations promulgated under those statutes.

5. "Aquifer" means a geological formation, group of formations, or part of a formation that is capable of yielding a significant amount of water to a well or spring.

6. "Area of review" means the area surrounding an injection well described according to the criteria set forth in R18-9-B612 or in the case of an area permit, the project area plus a circumscribing area the width of which is either 1/4 of a mile or a number calculated according to the criteria set forth in R18-9-B612.

7. "Arizona UIC Memorandum of Agreement" means the agreement between the Administrator and the Director that coordinates EPA and ADEQ activities, responsibilities, and programs under the Arizona UIC Program.

8. "Arizona UIC Program" means the UIC program administered by the Director and approved by EPA according to 42 U.S.C. § 300h-1.

9. "Casing" means a pipe or tubing of appropriate material, of varying diameter and weight, lowered into a borehole during or after drilling to support the sides of the hole and prevent the walls from caving; to prevent loss of drilling mud into porous ground; or to prevent water, gas, or other fluid from entering or leaving the hole.

10. "Catastrophic collapse" means the sudden and utter failure of overlaying strata caused by removal of underlying materials.

11. "Cementing" means the operation whereby a cement slurry is pumped into a drilled hole and/or forced behind the casing.

"Cesspool" means a drywell that receives untreated sanitary waste containing human excreta, and which sometimes has an open bottom and/or perforated sides.

13. "Confining zone" means a geological formation, group of formations, or parts of a formation that is capable of limiting fluid movement above an injection zone.

14. "Contaminant" means any physical, chemical, biological, or radiological substance or matter in water.

15. "Conventional mine" means an open pit or underground excavation for the production of minerals.

16. "Director" means the Director of the Arizona Department of Environmental Quality or the Director's designee.

17. "Disposal well" means a well that is used for the disposal of waste into a subsurface stratum.

18. "Draft permit" means a document prepared under R18-9-C618 indicating the Director's tentative decision to issue, renew, modify, revoke and reissue, or terminate a permit. A notice of intent to terminate a permit, and a notice of intent to deny a permit, as discussed in R18-9-C631 are types of draft permits. A denial of a request for modification, revocation and reissuance, or termination, of a permit is not a draft permit, except as discussed in R18-9-C631(B).

19. "Drilling mud" means a heavy suspension used in drilling an injection well, introduced down the drill pipe and through the drill bit.

20. "Drywell" means a well, other than an improved sinkhole or subsurface fluid distribution system, completed above the water table so that its bottom and sides are typically dry except when receiving fluids.

21. "Effective date of the Arizona UIC Program" means the date that the Arizona UIC Program is approved or established by the Administrator.

"Emergency permit" means a UIC permit issued in accordance with R18-9-C625.

23. "Environmental Protection Agency" or "EPA" means the United States Environmental Protection Agency.

24. "Exempted aquifer" means an aquifer or its portion that meets the criteria in the definition of underground source of drinking water (USDW) but has been exempted according to the procedures in R18-9-A605.

25. "Existing injection well" means an injection well other than a new injection well.

26. "Experimental technology" means a technology which has not been proven feasible under the conditions in which it is being tested.

27. "Facility" or "activity" means any UIC injection well subject to regulation under this Article.

28. "Fault" means a surface or zone of rock fracture along which there has been displacement.

29. "Final permit decision" means the Director's decision to issue, renew, modify, revoke and reissue, deny or terminate a permit as described in R18-9-C627.

30. "Flow rate" means the volume per time unit given the flow of gases or other fluid substance which emerges from an orifice, pump, turbine, or passes along a conduit or channel.

31. "Fluid" means any material or substance which flows or moves whether in a semisolid, liquid, sludge, gas, or any other form or state.

32. "Formation" means a body of consolidated or unconsolidated rock characterized by a degree of lithologic homogeneity which is prevailingly, but not necessarily, tabular and is mappable on the earth's surface or traceable in the subsurface.

33. "Formation fluid" means fluid present in a formation under natural conditions as opposed to introduced fluids, such as drilling mud.

34. "Generator" means any person, by site location, whose act or process produces hazardous waste identified or listed in A.A.C. Title 18, Chapter 8 (Hazardous Waste Management).

35. "Geologic sequestration" means the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations. This term does not apply to carbon dioxide capture or transport.

"Ground water" means water below the land surface in a zone of saturation.

37. "Hazardous waste" means a hazardous waste as defined in A.R.S. § 49-921.

38. "Improved sinkhole" means a naturally occurring karst depression or other natural crevice found in volcanic terrain and other geologic settings which have been modified by man for the purpose of directing and emplacing fluids into the subsurface.

39. "Indian lands" means Indian country as defined in 18 U.S.C. 1151.

40. "Indian Tribe" means any Indian Tribe having a Federally recognized governing body carrying out substantial governmental duties and powers over a defined area.

41. "Injection well" means a well into which fluids are being injected.

"Injection zone" means a geological formation group of formations, or part of a formation receiving fluids through a well.

43. "Lithology" means the description of rocks on the basis of their physical and chemical characteristics.

44. "Major facility" means any UIC facility or activity classified as such by the Administrator in conjunction with the Director.

45. "New injection wells" means an injection well which began injection after the effective date of the Arizona UIC Program.

46. "Owner" or "operator" means the owner or operator of any facility or activity subject to regulation under the Arizona UIC program.

47. "Packer" means a device lowered into a well to produce a fluid-tight seal.

48. "Permit" means an authorization issued by the Director pursuant to this Article. 'Permit' includes an area permit under R18-9-C624 and an emergency permit under R18-9-C625 . 'Permit' does not include UIC authorization by rule or any permit which has not yet been subject to a final permit decision, such as a 'draft permit.'"

49. "Person" means an individual, employee, officer, managing body, trust, firm, joint-stock company, consortium, public or private corporation, Partnership, association or state, a political subdivision of this state, a commission, the United States government or any federal facility, interstate body, Tribal agency, or other entity.

50. "Plugging" means the act or process of stopping the flow of water, oil or gas into or out of a formation through a borehole or well penetrating that formation.

51. "Plugging record" means a systematic listing of permanent or temporary abandonment of water, oil, gas, test, exploration and waste injection wells, and may contain a well log, description of amounts and types of plugging material used, the method employed for plugging, a description of formations which are sealed and a graphic log of the well showing formation location, formation thickness, and location of plugging structures.

52. "Pressure" means the total load or force per unit area acting on a surface.

53. "Project" means a group of wells in a single operation.

54. "Radioactive Waste" means any waste which contains radioactive material in concentrations which exceed those listed in 10 CFR part 20, appendix B, table II column 2.

55. "RCRA" means the Solid Waste Disposal Act as amended by the Resource Conservation and Recovery Act of 1976 ( Pub. L. 94580, as amended by Pub. L. 95-609, Pub. L. 96-510, 42 U.S.C. 6901 et seq.).

56. "Sanitary waste" means liquid or solid wastes originating solely from humans and human activities, such as wastes collected from toilets, showers, wash basins, sinks used for cleaning domestic areas, sinks used for food preparation, clothes washing operations, and sinks or washing machines where food and beverage serving dishes, glasses, and utensils are cleaned. Sources of these wastes may include single or multiple residences, hotels and motels, restaurants, bunkhouses, schools, ranger stations, crew quarters, guard stations, campgrounds, picnic grounds, day-use recreation areas, other commercial facilities, and industrial facilities provided the waste is not mixed with industrial waste.

57. "Schedule of compliance" means a schedule of remedial measures included in a permit including an enforceable sequence of interim requirements leading to compliance with this Article.

58. "SDWA" or "Safe Drinking Water Act" means the Safe Drinking Water Act ( Pub. L. 93-523, as amended; 42 U.S.C. 300f et seq.).

59. "Septic system" means a well that is used to emplace sanitary waste below the surface and is typically comprised of a septic tank and subsurface fluid distribution system or disposal system.

60. "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.

61. "Stratum" means a single sedimentary bed or layer, or series of layers that consists of generally the same kind of rock material regardless of thickness. The plural of stratum is strata.

62. "Subsidence" means the lowering of the natural land surface in response to earth movements; lowering fluid pressures; removal of underlying support material by mining or solution of solids, either artificially or from natural causes; compaction due to wetting; oxidation of organic matter in soils; or added load on the land surface.

63. "Subsurface fluid distribution system" means an assemblage of perforated pipes, drain tiles, or other similar mechanisms intended to distribute fluids below the surface of the ground.

64. "Surface casing" means the first string of well casing to be installed in the well.

65. "Total dissolved solids" or "TDS" means the total dissolved (filterable) solids as determined by use of the method specified in A.A.C. R9-14-610 or R9-14-611.

66. "Transferee" means the owner or operator receiving ownership and/or operational control of the well.

67. "Transferor" means the owner or operator transferring ownership and/or operational control of the well.

68. "Underground injection" means a well injection; which excludes the underground injection of natural gas for purposes of storage and the underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.

69. "Underground Injection Control" or "UIC" means the Underground Injection Control program under Part C of the Safe Drinking Water Act, including the Arizona UIC Program.

70. "USDW," "USDWs," or "Underground source of drinking water" means an aquifer or aquifers or its portion that:

a. Supplies any public water system; or

b. Contains a sufficient quantity of ground water to supply a public water system; and

i. Currently supplies drinking water for human consumption; or

ii. Contains fewer than 10,000 mg/l total dissolved solids; and

c. Is not an exempted aquifer.

71. "Well" means a bored, drilled, or driven shaft whose depth is greater than the largest surface dimension; or a dug hole whose depth is greater than the largest surface dimension; or, an improved sinkhole; or a subsurface fluid distribution system.

72. "Well injection" means the subsurface emplacement of fluids through a well.

73. "Well plug" means a watertight and gastight seal installed in a borehole or well to prevent movement of fluids.

74. "Well monitoring" means the measurement, by on-site instruments or laboratory methods, of the quality of water in a well.

75. "Well stimulation" means several processes used to clean the well bore, enlarge channels and increase pore space in the interval to be injected thus making it possible for wastewater to move more readily into the formation and includes surging, jetting, blasting, acidizing, or hydraulic fracturing.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-A602 Applicability

A. This Article becomes effective upon the date of the Environmental Protection Agency's approval of the Arizona UIC Program. Upon that date, the Department shall, under A.R.S. Title 49, Chapter 2, Articles 3.3, 4 and Article 6 of this Chapter, administer and enforce any permit which has been previously authorized or issued in this state under the Federal UIC program.

B. This Article and 40 CFR Part 145, Subpart C provide the minimum requirements of the State of Arizona's Underground Injection Control (UIC) program under A.R.S. Title 49, Chapter 2, Article 3.3 (Underground Injection Control Permit Program) and pursuant to Part C of the Safe Drinking Water Act (SDWA) ( Pub. L. 93-523, as amended; 42 U.S.C. 300h et seq.).

C. Underground injection is prohibited in lands under the jurisdiction of the State of Arizona unless:

1. Authorized by permit or rule under this Article in accordance with 42 U.S.C. 300h et seq., or

2. Authorized by OGCC pursuant to regulations approved by EPA.

D. Any injection activity authorized by permit or rule under this Article shall prohibit the movement of fluid containing any contaminant into underground sources of drinking water (USDWs), where the presence of that contaminant may cause a violation of this Article or may adversely affect the health of persons.

E. Injection wells regulated under this Article are categorized into six classes based on characteristics of the injection well activity. Owners or operators of injection wells regulated under all six classes must be authorized by permit (all classes) or rule (Class V only if no permit is required) pursuant to the requirements of this Article.

F. Specific inclusions. The following wells are included among those types of injection activities which are covered by the UIC regulations in this Article. (This list is not intended to be exclusive but is for clarification only.)

1. Any injection well located on a drilling platform inside the State's territorial waters.

2. Any dug hole or well that is deeper than its largest surface dimension, where the principal function of the hole is emplacement of fluids.

3. Any well used by generators of hazardous waste, or by owners or operators of hazardous waste management facilities, to dispose of fluids containing hazardous waste. This includes the disposal of hazardous waste into what would otherwise be septic systems and cesspools, regardless of their capacity.

4. Any septic tank, cesspool, or other well used by a multiple dwelling, or community, or other large system for the injection of wastes.

G. Specific exclusions. The following are not covered by these regulations:

1. Septic systems or similar waste disposal systems if such systems:

a. Are used solely for the disposal of sanitary waste, and

b. Have a design capacity of less than 3,000 gallons per day.

Injection wells used for injection of hydrocarbons which are of pipeline quality and are gases at standard temperature and pressure for the purpose of storage.

3. Any dug hole, drilled hole, or bored shaft which is not used for the subsurface emplacement of fluids.

4. Injection wells authorized by OGCC pursuant to regulations approved by EPA, in accordance with 42 U.S.C. 300h et seq.

H. Safe Drinking Water Act exemptions. The following activities are exempt from the Arizona UIC Program:

1. The underground injection of natural gas for purposes of storage.

2. The underground injection of fluids or propping agents (other than diesel fuels) pursuant to hydraulic fracturing operations related to oil, gas, or geothermal production activities.

I. The Director may identify aquifers and portions of aquifers which are actual or potential sources of drinking water, to assist in carrying out the Director's duty pursuant to this Article. Any aquifer meeting the criteria under R18-9-A601(70) shall be protected as an USDW, even if it has not been explicitly identified pursuant to this Section.

J. The Director may also designate aquifers or portions of aquifers as exempt from the program using the criteria in R18-9-A605 and R18-9-A606, subject to EPA approval. Any aquifer or portion thereof within the State that has previously been designated exempt by EPA pursuant to 40 CFR § 144.7 shall be part of the Arizona UIC program upon the effective date of the Arizona UIC program.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-A603 Confidentiality of Information

A. In accordance with A.R.S. § 49-205, any information submitted to the Director pursuant to these regulations may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Director may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in A.R.S. § 49-205 (Availability of information to the public).

B. Claims of confidentiality for the following information will be denied:

1. The name and address of any permit applicant or permittee.

Information which deals with the existence, absence, or level of contaminants in drinking water.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-A604 Classification of Wells

A. Class I wells are:

1. Wells used by generators of hazardous waste or owners or operators of hazardous waste management facilities to inject hazardous waste beneath the lowermost formation that contains, within one-quarter mile of the well bore, an USDW.

2. Other industrial and municipal disposal wells which inject fluids beneath the lowermost formation that contains, within one-quarter mile of the well bore, an USDW.

3. Radioactive waste disposal wells which inject fluids beneath the lowermost formation that contains, within one-quarter mile of the well bore, an USDW.

B. Class II wells are injection wells that inject fluids:

1. That are brought to the surface in connection with natural gas storage operations, or conventional oil or natural gas production and may be commingled with waste waters from gas plants which are an integral part of production operations, unless those waters are classified as a hazardous waste at the time of injection.

2. For enhanced recovery of oil or natural gas.

3. For storage of hydrocarbons which are liquid at standard temperatures and pressure.

C. Class III wells are injection wells used for the extraction of minerals, including:

Sulfur mining by the Frasch process.

2. In-situ production of uranium or other metals from those ore bodies not conventionally mined. Solution mining of conventional mines such as stopes leaching is included in Class V.

3. Solution mining of salts or potash.

D. Class IV wells are injection wells that either:

Inject hazardous or radioactive wastes into or above a formation with an USDW located within one-quarter mile of the well bore, or

2. Inject hazardous wastes and cannot be classified under subsection (A)(1), or (D)(1) (e.g., wells used to dispose of hazardous wastes into or above a formation which contains an aquifer which has been previously exempted or exempted pursuant to R18-9-A606).

E. Class V wells are injection wells not included in Class I, II, III, IV, or VI.

Class V wells include but are not limited to:

a. Air conditioning return flow wells used to return to the supply aquifer the water used for heating or cooling in a heat pump.

b. Cesspools including multiple dwelling, community or regional cesspools, or other devices that receive wastes which have an open bottom and sometimes have perforated sides. The UIC requirements do not apply to single family residential cesspools nor to non-residential cesspools which receive solely sanitary wastes and have the capacity to serve fewer than 20 persons a day.

c. Cooling water return flow wells used to inject water previously used for cooling.

d. Drainage wells used to drain surface fluid, primarily storm runoff, into a subsurface formation.

e. Dry wells used for the injection of wastes into a subsurface formation.

f. Recharge wells used to replenish the water in an aquifer.

g. Salt water intrusion barrier wells used to inject water into a fresh water aquifer to prevent the intrusion of salt water into the fresh water.

h. Sand backfill and other backfill wells used to inject a mixture of water and sand, mill tailings or other solids into mined out portions of subsurface mines, except for radioactive wastes.

i. Septic system wells used to inject the waste or effluent from a multiple dwelling, business establishment, community or regional business establishment septic tank.

j. Subsidence control wells, other than those used in oil or natural gas production, that inject fluids into a non-oil or gas producing zone to reduce or eliminate subsidence associated with freshwater overdraft.

k. Injection wells associated with the recovery of geothermal energy for heating, aquaculture, and production of electric power.

l. Wells used for solution mining of conventional mines such as stopes leaching.

m. Wells used to inject spent brine into the same formation from which it was withdrawn after extraction of halogens or their salts.

n. Injection wells used in experimental technologies.

o. Injection wells used for in situ recovery of lignite, coal, tar sands, and oil shale.

2. Class V wells do not include single-family residential septic system wells or non-residential septic system wells used solely for the disposal of sanitary waste with a design capacity of less than 3,000 gallons per day.

F. Class VI wells are:

1. Not experimental in nature that are used for geologic sequestration of carbon dioxide beneath the lowermost formation containing a USDW;

2. Wells used for geologic sequestration of carbon dioxide that have been granted a waiver of the injection depth requirements pursuant to requirements at R18-9-J670; or

3. Wells used for geologic sequestration of carbon dioxide that have received an expansion to the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption pursuant to R18-9-A605 of this Chapter and R18-9-A604.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-A605 Identification of Underground Sources of Drinking Water and Exempt Aquifers

A. The Director may identify, by narrative description, illustration, maps, or other means, and shall protect as USDWs, all aquifers and parts of aquifers that meet the definition of USDW in R18-9-A601(70) except to the extent there is an applicable aquifer exemption under subsection (B) of this Section or an expansion to the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration under subsection (D) of this Section. Other than EPA-approved aquifer exemption expansions that meet the criteria set forth in R18-9-A606(4), new aquifer exemptions shall not be issued for Class VI injection wells. Even if an aquifer has not been specifically identified by the Director, it is an USDW if it meets the definition in R18-9-A601(70).

B. Aquifer exemptions procedure:

1. The Director may identify, by narrative description, illustrations, maps, or other means, and describe in geographic and/or geometric terms, such as vertical and lateral limits and gradient, that are clear and definite, all aquifers or parts thereof that the Director proposes to designate as exempted aquifers using the criteria in R18-9-A606.

2. No designation of an exempted aquifer submitted as part of Arizona's UIC program shall be final until approved by EPA as part of the Arizona UIC Program. No designation of an expansion to the areal extent of a Class II enhanced oil recovery or enhanced gas recovery aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration shall be final until approved by the EPA as a substantial revision of the Arizona UIC Program in accordance with 40 CFR 145.32.

3. Subsequent to the program approval or promulgation, the Director may, after notice and opportunity for public hearing, identify additional exempted aquifers.

4. Exemption of aquifers identified:

a. Under R18-9-A606(2) shall be treated as a program revision under 40 CFR 145.32;

b. Under R18-9-A606(3) shall become final if the Director submits the exemption in writing to the Administrator and the Administrator has not disapproved the designation within 45 days.

C. Additional aquifer exemption requirements:

1. For Class III wells, the Director shall require an applicant for a permit which necessitates an aquifer exemption under R18-9-A606(2)(a) to furnish the data necessary to demonstrate that the aquifer is expected to be mineral or hydrocarbon producing. Information contained in the mining plan for the proposed project, such as a map and general description of the mining zone, general information on the mineralogy and geochemistry of the mining zone, analysis of the amenability of the mining zone to the proposed mining method, and a time-table of planned development of the mining zone shall be considered by the Director in addition to the information required by R18-9-C616(D).

2. For Class II wells, a demonstration of commercial producibility shall be made as follows:

a. For a Class II well to be used for enhanced oil recovery processes in a field or project containing aquifers from which hydrocarbons were previously produced, commercial producibility shall be presumed by the Director upon a demonstration by the applicant of historical production having occurred in the project area or field.

b. For Class II wells not located in a field or project containing aquifers from which hydrocarbons were previously produced, information such as logs, core data, formation description, formation depth, formation thickness and formation parameters such as permeability and porosity shall be considered by the Director, to the extent such information is available.

D. Owners or operators of Class II enhanced oil recovery or enhanced gas recovery wells may request that the Director approve an expansion to the areal extent of an aquifer exemption already in place for a Class II enhanced oil recovery or enhanced gas recovery well for the exclusive purpose of Class VI injection for geologic sequestration. Such requests must be treated as a substantial program revision to the Arizona UIC program under 40 CFR 145.32 and will not be final until approved by EPA.

1. The owner or operator of a Class II enhanced oil recovery or enhanced gas recovery well that requests an expansion of the areal extent of an existing aquifer exemption for the exclusive purpose of Class VI injection for geologic sequestration must define, by narrative description, illustrations, maps or other means, and describe in geographic and/or geometric terms, such as vertical and lateral limits and gradient, that are clear and definite, all aquifers or parts thereof that are requested to be designated as exempted using the criteria in R18-9-A606.

2. In evaluating a request to expand the areal extent of an aquifer exemption of a Class II enhanced oil recovery or enhanced gas recovery well for the purpose of Class VI injection, the Director must determine that the request meets the criteria for exemptions in R18-9-A606 . In making the determination, the Director shall consider:

a. Current and potential future use of the USDWs to be exempted as drinking water resources;

b. The predicted extent of the injected carbon dioxide plume, and any mobilized fluids that may result in degradation of water quality, over the lifetime of the geologic sequestration project, as informed by computational modeling performed pursuant to R18-9-J659(C)(1), in order to ensure that the proposed injection operation will not at any time endanger USDWs including non-exempted portions of the injection formation;

c. Whether the areal extent of the expanded aquifer exemption is of sufficient size to account for any possible revisions to the computational model during reevaluation of the area of review, pursuant to R18-9-J659(E) and

d. Any information submitted to support a waiver request made by the owner or operator under R18-9-J670 if appropriate.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-A606 Criteria for Exempted Aquifers

An aquifer or a portion thereof which meets the criteria for an "USDW" in R18-9-A601(70) may be determined under R18-9-A605 to be an "exempted aquifer" for Class I-V wells if it meets the criteria in subsections (A)(1) through (A)(3) of this Section. Class VI wells must meet the criteria under subsection (A)(4) of this Section.

It does not currently serve as a source of drinking water; and

2. It cannot now and will not in the future serve as a source of drinking water because:

a. It is mineral hydrocarbon or geothermal energy producing, or can be demonstrated by a permit applicant as part of a permit application for a Class II or Class III operation to contain minerals or hydrocarbons that considering their quantity and location are expected to be commercially producible;

b. It is situated at a depth or location which makes recovery of water for drinking water purposes economically or technically impractical;

c. It is so contaminated that it would be economically or technologically impractical to render that water fit for human consumption; or

d. It is located over a Class III well mining area subject to subsidence or catastrophic collapse; or

3. The total dissolved solids content of the ground water is more than 3,000 and less than 10,000 mg/l and it is not reasonably expected to supply a public water system.

4. The areal extent of an aquifer exemption for a Class II enhanced oil recovery or enhanced gas recovery well may be expanded for the exclusive purpose of Class VI injection for geologic sequestration under R18-9-A605(D) if it meets the following criteria:

a. It does not currently serve as a source of drinking water; and

b. The total dissolved solids content of the ground water is more than 3,000 mg/l and less than 10,000 mg/l; and

c. It is not reasonably expected to supply a public water system.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Article 7 USE OF RECYCLED WATER

Part A GENERAL PROVISIONS

Ariz. Admin. Code § R18-9-A701 Definitions

1. "Advanced reclaimed water treatment facility" means a facility that treats and purifies Class A+ or Class B+ reclaimed water to produce potable water suitable for distribution for human consumption. R18-9-B702(B) does not apply to an advanced reclaimed water treatment facility. Potable water produced by an advanced reclaimed water treatment facility is not reclaimed water.

2.1. "Direct reuse" means the beneficial use of reclaimed water for a purpose allowed by this Article. The following is not a direct reuse of reclaimed water:

a. The use of water subsequent to its discharge under the conditions of a National or Arizona Pollutant Discharge Elimination System permit;

b. The use of water subsequent to discharge under the conditions of an Aquifer Protection Permit issued under 18 A.A.C. 9, Articles 1 through 3;

c. The use of industrial wastewater, reclaimed water, or both, in a workplace subject to a federal program that protects workers from workplace exposures

d. The use of potable water produced by an advanced reclaimed water treatment facility.

3.2. "Direct reuse site" means an area permitted for the application or impoundment of reclaimed water. An impoundment operated for disposal under an Aquifer Protection Permit is not a direct reuse site.

4.3. "End user" means a person who directly reuses reclaimed water meeting the standards for Classes A+, A, B+, B, and C, established under 18 A.A.C. 11, Article 3.

5.4. "Gray water" means wastewater that has been collected separately from a sewage flow and that originates from a clothes washer or a bathroom tub, shower or sink but that does not include wastewater from a kitchen sink, dishwasher or toilet. A.R.S. § 49201(18).

6.5. "Industrial wastewater" means wastewater generated from an industrial process.

7.6. "Irrigation" means the beneficial use of water or reclaimed water, or both, for growing crops, turf, or silviculture, or for landscaping.

8.7. "Open access" means access to reclaimed water by the general public is uncontrolled.

9.8. "Open water conveyance" means any constructed open waterway, including canals and laterals, that transports reclaimed water from a sewage treatment facility to a reclaimed water blending facility or from a sewage treatment facility or reclaimed water blending facility to the point of land application or end use. An open water conveyance does not include waters of the United States.

10.9. "Pipeline conveyance" means any system of pipelines that transports reclaimed water from a sewage treatment facility to a reclaimed water blending facility or from a sewage treatment facility or reclaimed water blending facility to the point of land application or end use.

11.10. "Reclaimed water" means water that has been treated or processed by a wastewater treatment plant or an on-site wastewater treatment facility. A.R.S. § 49-201(32).

12.11. "Reclaimed water agent" means a person who holds a permit to distribute reclaimed water to more than one end user.

13.12. "Reclaimed water blending facility" means an installation or method of operation that receives reclaimed water from a sewage treatment facility or other reclaimed water blending facility classified to produce Class C or better reclaimed water and blends it with other water so that the produced water may be used for a higher-class purpose listed in 18 A.A.C. 11, Article 3, Table A.

14.13. "Recycled water" means a processed water that originated as a waste or discarded water, including reclaimed water and gray water, for which the Department has designated water quality specifications to allow the water to be used as a supply.

15.14. "Restricted access" means that access to reclaimed water by the general public is controlled.

16.15. "Sewage Treatment Facility" means a sewage treatment facility as defined in 18 A.A.C. 9, Article 1.

History

• Former Section R9-20-401 repealed, new Section R9-20-401 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-401 renumbered without change as Section R18-9-701 (Supp. 87-3). Amended by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-701 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018. Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025. Amended by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-A702 Applicability and Standards for Recycled Water

A. This Article applies to:

1. An owner or operator of a sewage treatment facility that generates reclaimed water for direct reuse,

2. An owner or operator of a reclaimed water blending facility,

3. A reclaimed water agent,

4. An end user of reclaimed water,

5. A person who uses recycled water regulated under this Article,

6. A person who directly reuses reclaimed water from a sewage treatment facility combined with industrial wastewater or combined with water from an industrial wastewater treatment facility, and

7. A person who directly reuses reclaimed water from an industrial wastewater treatment facility in the production or processing of a crop or substance that may be used as human or animal food.

B. Reclaimed water classes A+, A, B+, B, and C specified in this Article shall meet the standards established in 18 A.A.C. 11, Article 3.

C. Nothing in this Article exempts the disposal of reclaimed water from the Aquifer Protection Permit requirements under A.R.S. Title 49, Chapter 2, Articles 1, 2, and 3.

History

• Former Section R9-20-402 repealed, new Section R9-20-402 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-402 renumbered without change as Section R18-9-702 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-702 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-A703 Recycled Water Individual Permit Application

A. Pre-application conference. Upon request of an applicant, the Department shall schedule and hold a pre-application conference with the applicant to discuss any requirements in this Article.

B.A. To apply for a Recycled Water Individual Permit, a person shall provide the Department with:

1. The applicable permit fee specified under 18 A.A.C. 14; and

1. 2. The following information on a form provided by the Department:

a. The name, e-mail address, telephone number, and mailing address of the owner or operator of the facility or, if applicable, the reclaimed water agent;

b. The social security number of the applicant, if the applicant is an individual;

c. b. The latitude and longitude coordinates; township range, and section; site address, if applicable; and a map showing the facility or site location;

d. c. Any other federal or state environmental permits issued to the applicant;

e. d. Source of recycled water to be used;

e. The applicant may propose for approval, and the Department may issue, a single permit that includes more than one type of recycled water allowed by this article, including for multiple classes of reclaimed water, if the applicant demonstrates the waters will be treated appropriately for the end use;

f. The applicant may propose, and the Department may permit, the inclusion of kitchen sink and dishwasher wastewater with gray water under a Recycled Water Individual Permit, if the applicant demonstrates such waters will be treated appropriately for the end use;

f. g. Estimated volume of recycled water to be used on an annual basis;

g. h. Class of reclaimed water to be directly reused, if applicable;

h.i. Description of the use activity;

j. Any treatment measures utilized to meet or maintain reclaimed water quality standards or otherwise ensure the quality of the recycled water is fit for the intended use; and

i. k. The applicant's certification that the information submitted in the application is true and accurate to the best of the applicant's knowledge.

2. A copy of the certificate of disclosure of violations required under A.R.S. § 49-109 ; and

3. The applicable permit fee specified under 18 A.A.C. 14.

C. Administrative completeness review. Upon receipt, the Department shall review the Reclaimed Water Individual Permit application to determine its administrative completeness under A.R.S. § 41-1074 and A.A.C. R18-1-503 .

D. Substantive review. Upon receipt of a complete Reclaimed Water Individual Permit application, the Department shall review the application to determine its substantive adequacy under A.R.S. § 41-1075 and A.A.C. R18-1-504 .

E. Draft permit. The Department shall provide the applicant a copy of a draft of the Reclaimed Recycled Water Individual Permit before the notice specified in subsection (F) is published.

F. B. Public participation.

1. Notice of Preliminary Decision.

a. The Department shall publish a Notice of Preliminary Decision to issue or deny a Reclaimed Water Individual Permit within a period of time that allows the Department to meet the licensing time-frame requirements under 18 A.A.C. 5.

b.a. The Department shall publish the Notice of Preliminary Decision regarding the issuance or denial of a final permit determination on the Department's website.

c. b. The Department shall accept written comments from the public before a Recycled Water Individual Permit is issued or denied.

d. c. The written public comment period begins on the publication date of the Notice of Preliminary Decision and extends for 30 calendar days.

2. After publishing the notice specified in subsection (B)(1)(a), the Department shall hold a public hearing to address the Notice of Preliminary Decision if the Department determines that:

a. Significant public interest in a public hearing exists, or

b. Significant issues or information have been brought to the attention of the Department that are relevant to the permitting decision and have not been considered previously in the permitting process.

3. If the Department determines a public hearing is necessary and a public hearing has not already been noticed under subsection (B)(1)(a), the Department shall schedule a public hearing and republish the Notice of Preliminary Decision and notice of the public hearing on the Department's website.

4. The Department shall accept written public comment until the close of the hearing record as specified by the person presiding at the public hearing.

G. C. Final permit issuance or denial.

1. The Department shall give the applicant written notification of its final decision to issue or deny the permit application within the overall licensing time-frame requirements in 18 A.A.C. 5.

2.1. The Department may deny a Recycled Water Individual Permit if the Department determines upon completion of the application process the applicant has:

a. Failed or refused to correct a deficiency in the permit application;

b. Failed to demonstrate the facility and the operation will protect public health and water quality. This determination shall be based on:

i. The information submitted in the permit application,

ii. Any information submitted to the Department as written public comment or following a public hearing; or

iii. Any information relevant to the demonstration developed or acquired by the Department, or

c. Provided false or misleading information.

3. 2. If the Department denies a Recycled Water Individual Permit the Department shall provide the applicant with written notification explaining the following:

a. The reasons for the denial with references to the statutes or rules on which the denial is based.

b. The applicant's right to appeal the denial, including the number of days the applicant has to file a notice of appeal, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process.

c. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

History

• Former Section R9-20-405 repealed, new Section R9-20-405 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-405 renumbered without change as Section R18-9-705 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-705 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-A704 Recycled Water General Permit

A. Type 1 Recycled Water General Permit for Gray Water. A person may use recycled water without notice to the Department if the use:

1. Is specifically authorized by and meets the requirements of this Article, and

2. Complies with the requirements of the Type 1 Recycled Water General Permit under this Article.

B. Type 2 Recycled Water General Permit for Reclaimed Water.

1. A person may use recycled water under a Type 2 Recycled Water General Permit if:

a. The use is authorized by and meets the requirements of this Article;

b. The use meets all the conditions of the applicable Type 2 Recycled Water General Permit under this Article;

c. The person files a Notice of Intent to Use Recycled Water under subsection (B)(2); and

d. The person submits the applicable fee established in 18 A.A.C. 14.

2. Notice of Intent to Use Recycled Water.

a. A person shall submit, by mail, in person, or by another method approved by the Department, the Notice of Intent to Use Recycled Water on a form provided by the Department.

b. The Notice of Intent to Use Recycled Water shall include;

i. The name, address, e-mail address, and telephone number of the applicant;

ii. The social security number of the applicant, if the applicant is an individual; iii. The name, address, and telephone number of the contact person;

iv.iii. The source, estimated volume, and, if applicable, class of recycled water to be used;

v. A legal description of the direct reuse site, including

iv. The latitude and longitude coordinates of the approximate center point of the use site;

vi. v. The description of the use activity; and

vii.vi. The applicant's certification that the applicant agrees to comply with all requirements of this Article, including specific terms of the applicable Recycled Water General Permit.

c. For a Type 2 Recycled Water General Permit for Direct Reuse of Reclaimed Water, the Notice of Intent to Use Recycled Water must include the description of the direct reuse activity, including a description of acreage and the type of vegetation to be irrigated, if applicable to the type of direct reuse activity.

3. The Department shall notify the applicant that the Department received the Notice of Intent to Use Recycled Water and that the applicant is authorized to use the recycled water according to Type 2 permit conditions.

C. Type 3 Recycled Water General Permit for Reclaimed Water and Type 3 Recycled Water General Permit for Gray Water. A person shall not operate under a Type 3 Recycled Water General Permit until the Department issues a written Recycled Water Authorization.

1. Application submittal. The applicant shall submit, either by mail, in person at the Department, or by another method approved by the Department:

a. The Notice of Intent to Use Recycled Water on a form provided by the Department containing the information specified in the applicable Type 3 Recycled Water General Permit under this Article, and

b. The applicable fee established in 18 A.A.C. 14.

2. Issuance of Recycled Water Authorization. If, after reviewing the Notice of Intent to Use Recycled Water, the Department determines the direct reuse conforms with the conditions of a Type 3 Recycled Water General Permit and all other applicable requirements of this Article, the Department shall issue the Recycled Water Authorization.

3. Denial of Recycled Water Authorization.

a. If the Department determines on the basis of its review or an inspection the use does not conform to the conditions of the applicable Type 3 Recycled Water General Permit or other applicable requirements of this Article, the Department shall notify the applicant of its decision not to issue the Recycled Water Authorization.

b. If an application is denied, the applicant shall not operate under a Type 3 Reclaimed Recycled Water General Permit.

c. b. The applicant may appeal the decision not to issue a Recycled Water Authorization under A.R.S. §§ 41-1092 through 41-1092.12.

4. Automatic issuance. If the Department does not issue the Verification of General Permit Conformance within the time-frame specified under 18 A.A.C. 1, Article 5, and does not notify the applicant that it will not issue the verification, the verification automatically becomes effective upon expiration of the overall time-frame.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-708 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-A705 Recycled Water Permit Term, Information Changes, and Renewal

A. General permit renewal. A permittee shall renew a Reclaimed Water General Permit at least 90 days before the permit expires by following the procedure described in either R18-9-708(B) or (C) and include the applicable fee established in 18 A.A.C. 14.

1. A Type 1 Reclaimed Water General Permit is valid as long as the conditions of the general permit and the requirements of this Article are met. No renewal is required;

2. A Type 2 Reclaimed Water General Permit is valid for five years from the date the Department receives the Notice of Intent for Direct Reuse of Reclaimed Water;

3. A Type 3 Reclaimed Water General Permit is valid for five years from the date the Verification of General Permit Conformance becomes effective.

B. General permit transfer. A permittee shall provide notice to the Department by certified mail within 15 days following the transfer of a Type 2 or Type 3 Reclaimed Water General Permit. The Notice of Transfer shall:

1. Contain any information that has changed from the original Notice of Intent for Direct Reuse of Reclaimed Water or the Notice of Intent to Operate, including all information on the proposed new permittee, and

2. Include the applicable fee established in 18 A.A.C. 14.

A. A recycled water general permit is valid as follows:

1. A Type 1 Recycled Water General Permit is valid as long as the conditions of the general permit and the requirements of this Article are met. No renewal is required.

2. A Type 2 Recycled Water General Permit is valid for five years from the date the Department receives the Notice of Intent to Use Recycled Water;

3. A Type 3 Recycled Water General Permit is valid for five years from the date the Recycled Water Authorization is issued.

B. If any change in the following information occurs, a permittee operating under any individual, or Type 2 or Type 3 recycled water general permit shall update the Department with such changes at least once annually by January 31:

1. Permittee,

2. Ownership,

3. Contact person,

4. Phone number, address, email address, or telephone number, or any combination of any of the above, for permittee or contact person,

5. Name of the use site,

6. For a Type 2 Recycled Water General Permit for Direct Reuse of Class A + or B + Reclaimed Water remaining under the same ownership:

a. Expansion of the reuse area,

b. Addition of another allowable use if it is located within the same property boundary as the boundary identified in the Notice of Intent to Use Recycled Water submitted to the Department.

7. An increase in Class A, B, or C reclaimed water use of more than ten percent but less than twenty percent above the volume of reclaimed water currently permitted for use at the reuse site, if applicable.

C. To renew any Type 2 or Type 3 Recycled Water General Permit, a permittee must submit a Notice of Renewal at least 30 days before the permit expires and include the applicable fee established in 18 A.A.C. 14. A permittee may update or change any information as described in subsection (B) in a Notice of Renewal.

D. For changes not described in subsections (B) or (C), the permittee must submit a new Notice of Intent to Use Recycled Water or a Recycled Water Individual Permit application, as applicable.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-709 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-A706 Recycled Water Permit Revocation

A. The Director may revoke a Reclaimed Water General Permit if the permittee fails to comply with any requirement in this Article, including a condition specified in the applicable Reclaimed Water General Permit. The Director shall make the determination based on the risk to public health and safety or a threat to waters of the state.

1. Before revoking a general permit, the Department shall provide notice to the permittee by certified mail of the Department's intent to revoke the Reclaimed Water General Permit. The notice of intent to revoke the general permit shall provide the permittee a reasonable opportunity to correct any noncompliance and specify a time-frame within which the permittee shall achieve compliance.

2. If the permittee fails to correct the noncompliance within the specified time-frame, the Department shall notify the permittee, by certified mail, of the Director's decision to revoke the Reclaimed Water General Permit.

B. The Director shall revoke a Reclaimed Water General Permit for any or all facilities located within a specific geographic area, if, due to a geologic or hydrologic condition, the cumulative effect of the facilities subject to the Reclaimed Water General Permit has violated or will violate a Water Quality Standard established under A.R.S. §§ 49-221 and 49-223 .

A. After notice and opportunity for a hearing, the Director may revoke coverage under a Recycled Water General Permit and require the permittee to obtain an individual permit in order to operate for any of the following:

1. The permittee failed to comply with any applicable provision of A.R.S. Title 49, Chapter 2; Article 7 of this Chapter; or any permit condition;

2. The permittee misrepresented or omitted a fact, information, or data related to an application or permit condition;

The Director determines a permitted activity is causing or will cause a violation of a water quality standard established under A.R.S. § 49-221;

4. A permitted activity is causing or will cause imminent and substantial endangerment to public health or the environment.

B. The Director may revoke coverage under a general permit for any or all facilities within a specific geographic area, if, due to geologic or hydrologic conditions, the cumulative effect of the facilities subject to the Recycled Water General Permit has violated or will violate a water quality standard established under A.R.S. § 49-221.

C. If an individual permit is issued to replace general permit coverage, the coverage under the general permit is automatically revoked upon issuance of the individual permit.

D. The Director may, after notice and opportunity for hearing, suspend or revoke a Recycled Water Individual Permit for any of the reasons listed in subsections (A)(1) through (A)(4) of this section.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-710 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-A707 Recycled Water Permit Transition

The terms and conditions of Type 2, Type 3, and individual reclaimed water permits issued before January 1, 2018, including permits issued for gray water, shall remain in effect according to the language of this Article effective as of the date the permit was issued.

History

• Adopted by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Article 8 ADVANCED WATER PURIFICATION

Part A GENERAL PROVISIONS

Ariz. Admin. Code § R18-9-A801 Definitions

In addition to the definitions in A.R.S. § 49-201, the following terms apply to this Article:

1. "Action level" means a value or criterion established in an Advanced Water Purification (AWP) permit at a critical control point that, when exceeded, triggers a required response or action to prevent a potentially hazardous event and will involve actions or responses such as additional monitoring, treatment adjustments, public notification or other corrective responses or actions.

2. "Acute exposure threats" means the increased imminent risk of adverse health effects, including infectious diseases and toxic effects from short-term exposures to contaminants in water which triggers public notice pursuant to A.A.C. R18-4-119, which incorporates 40 CFR § 141.201 by reference.

3. "ADEQ" or "Department" means Arizona Department of Environmental Quality.

4. "Advanced Oxidation Process" or "AOP" means a set of chemical treatment processes whereby oxidation of organic contaminants occurs on a molecular level through reactions with hydroxyl radicals or similarly aggressive radical oxidant species.

5. "Advanced treated water" means water produced by an advanced water treatment facility (AWTF) and can be from one or more AWTFs.

6. "Advanced Water Purification" or "AWP" means the treatment or processing of treated wastewater to advanced treated water standards for the purpose of delivery to a drinking water treatment facility or a drinking water distribution system.

7. "Advanced Water Purification Responsible Agency" or "AWPRA" means the applicant or permittee, comprising one or more AWPRA Partners, responsible for compliance with the requirements of the AWP program for a particular AWP project and formed pursuant to R18-9-B805. An AWPRA must be a "person" under A.R.S. § 49-201(33).

8. "Advanced Water Purification Responsible Agency Partner" or "AWPRA Partner" means any entity that collects or provides treated wastewater to the AWP project, performs wastewater source control or treatment pursuant to this Article, or utilizes AWP project water as a source for delivery to a drinking water distribution system.

9. "Advanced Water Purification project" or "AWP project" means all facilities related to the advanced treatment of treated wastewater to drinking water standards operating under an AWP permit or demonstration permit.

10. "AWP project treatment train" means a treatment train designed to meet the requirements contained in this Article. In addition to the advanced water treatment facility (AWTF), portions of the water reclamation facility or drinking water treatment facility can be part of an AWP project treatment train.

11. "AWPRA facility" or "facility" means a drinking water treatment facility, advanced water treatment facility (AWTF), collection system, or wastewater treatment plant involved in the production of advanced treated water or finished water under this Article.

12. "Advanced Water Treatment Facility" or "AWTF" means a facility where treated wastewater is treated pursuant to the requirements of this article.

13. "Alert level" means a value or criterion established in an AWP permit at a critical control point that, when exceeded, alerts an operator that a potential problem may require a response.

14. "Amendment" means a change to the permit language resulting from a modification event.

15. "Aquifer Protection Permit" or "APP" means an individual permit or a general permit issued under A.R.S. §§ 49-203, 49-241 through 49-252, and Articles 1, 2, and 3 of this Chapter.

16. "AWP" means Advanced Water Purification (See R18-9-A801(6)).

17. "Barrier" means a measure (technical, operational or managerial) implemented to control microbial or chemical constituents in advanced treated water.

18. "Best Management Practices" or "Best Practices" means a set of principles, guidelines and standards that an AWPRA follows to ensure high levels of quality, safety, efficiency and reliability. The principles, guidelines and standards in an AWP guidance document constitute Best Management Practice or Best Practice.

19. "Bioassay" means tests performed using live cell cultures or mixtures of cellular components in which the potency of a chemical or water concentrate is tested based on its effect on a measurable constituent, such as inhibition or the induction of a response (including carcinogenicity and mutagenicity). Bioassays can be used to measure synergistic, additive, and antagonistic interactions between compounds that may be present in a mixture.

"Blending" means the mixing of advanced treated water with another water source that will result in raw water augmentation or treated water augmentation directly to the distribution system. Blending does not apply to an Engineered Storage Buffer where storage of only advanced treated water takes place.

21. "Challenge test" means a study comparing a pathogen, surrogate parameter, or indicator compound concentration between the influent and effluent of a treatment process to determine the removal capacity of the treatment process. The concentration in the influent must be high enough to ensure that a measurable concentration is detected in the effluent (i.e., filtrate detection limit).

22. "Chemical" means any substance, used in or produced by a reaction involving changes to atoms or molecules, that has a defined composition and which is either naturally occurring or manufactured.

23. "Chemical peak" means an abnormal increase in the level of a chemical that represents a potential human health hazard that is the result of intentional or unintentional illicit discharges of chemicals to the sewershed. Chemical peaks are different from normal facility variation in water quality.

24. "Compliance schedule" means a list of required items assigned by the Department to the Permittee to be completed in the AWP permit.

25. "Constituent of Concern" means a potentially harmful or difficult to treat substance that could cause treatment interference, pass-through, or a violation of a treatment technique requirement, action level or Maximum Contaminant Level in the advanced treated water or finished water. Constituents of concern include Tiers 1, 2, and 3 chemicals.

"Constituent" means any physical, chemical, biological, or radiological substance or matter found in water and/or wastewater.

27. "Continuous online analyzers" means a monitoring sensor or device that monitors continuously or in real time (intervals of 15 minutes or less) and is positioned directly in the process flow or sample line to measure treatment performance.

28. "Critical Control Point" means a point in the treatment train that is specifically designed to reduce, prevent, or eliminate process failure, and for which controls exist to ensure the proper performance of that process, verified via monitoring.

29. "Demonstration permit" means an AWP permit that does not include distribution of finished water to drinking water consumers.

30. "Department" means the Arizona Department of Environmental Quality.

31. "Direct integrity test" means a physical test applied to a membrane unit in order to identify and isolate integrity breaches, such as leaks that could result in contamination of the filtrate.

32. "Director" means the Director of the Arizona Department of Environmental Quality.

33. "Disinfection treatment process" means a treatment process that either physically or chemically eliminates or inactivates pathogenic microorganisms.

34. "Distribution" means the act of delivering finished water through a network of pipes or other constructed conveyances from a facility to a consumer for human consumption.

35. "Distribution system" means the infrastructure used to carry out distribution.

36. "Draft permit" means a preliminary draft of a permit upon which the Director has not yet made a final permit determination.

37. "Drinking Water Treatment Facility" means a water treatment facility that is designed and operated to meet the requirements of the Safe Drinking Water Act.

38. "Engineered Storage Buffer" means a storage facility used to provide retention time before advanced treated water is introduced into a drinking water treatment facility or distribution system.

39. "Enhanced Source Control" means a program that enables the AWPRA to prevent constituents of concern, including target chemicals, from negatively impacting the AWTF, or the water it produces, by controlling them at their source.

40. "Exceedance" means an increase in the concentration of a constituent of concern beyond an established level such as an MCL, alert level, or action level.

41. "Excursion" means a deviation from established water quality boundaries for a process or at any point in a treatment train.

42. "Failure" means a condition in which an excursion or loss of performance occurs in one or more of the unit processes that results in a treatment train to not meet a performance metric or deviate from an approved operational range for parameters, necessitating a shutdown of a specific train or the entire plant for compliance.

43. "Failure Response Time" means the maximum possible time from when a failure occurs in the treatment system to when the quality of the final product water is no longer affected by the failure. Failure response time is calculated as a sum of the sampling interval, sample turnaround time and system reaction time, with overall failure response time based on the treatment process with the highest individual failure response time.

44. "Filtration treatment process" means a treatment process that physically separates a constituent of concern from water.

45. "Finished water" or "finished drinking water" means water produced by an AWTF, or a drinking water treatment facility, and which is introduced into a distribution system or served for human consumption without additional treatment, except for measures required to uphold water quality within the distribution system.

46. "Full scale" means the complete implementation and operation of an AWP system that is designed to treat treated wastewater to advanced treated water or finished water standards and to meet the finished water demand of the community.

47. "Good engineering practice" means a set of principles, guidelines, and standards that engineers follow to ensure their work meets high levels of quality, safety, efficiency and reliability. The principles, guidelines, and standards in an ADEQ-issued AWP guidance document constitute good engineering practice.

48. "Health Advisory" or "HA" means an estimate of acceptable levels for a chemical substance in drinking water based on health effects information that is:

a. Published by EPA;

b. Established in credible peer-reviewed literature or state or Federal databases;

c. Established by the Department; or

d. Established by another state's drinking water program as a "notification level".

49. "Impactful non-domestic dischargers" means a non-domestic discharger that has been determined by the AWPRA to discharge in such a way that will or does significantly impact the AWPRA's treatment processes and may or does significantly impact public health. Such determinations are made through a significant impact analysis pursuant to R18-9-E824(C).

50. "Indicator compound" or "Indicator" or "Performance Based Indicator" means a chemical found in treated wastewater that serves as a representative substance for a particular group of trace organic compounds, embodying their physical, chemical, and biodegradation properties.

51. "Initial Source Water Characterization" or "ISWC" means baseline monitoring of chemicals and pathogens performed on the treated wastewater effluent of a Water Reclamation Facility pursuant to R18-9-C814.

52. "Interference" means a discharge which alone, or in conjunction with a discharge or discharges from other sources, both:

a. inhibits or disrupts the Water Reclamation Facility or the Advanced Water Treatment Facility, and

b. is the cause of a violation of any requirement of the AWP permit.

53. "Local limit" means a set of specific, local, relevant, and enforceable limits, control measures, and best management practices established to protect AWPRA Facilities from pass-through or interference that could result in a threat to public health.

54. "Log reduction value" means the measure of a treatment train's or a treatment process's ability to remove or inactivate microorganisms such as bacteria, protozoa and viruses. A log reduction value is the log reduction validated or credited for a treatment process or treatment train.

55. "Log reduction" means the logarithm base 10 of the ratio of the levels of a pathogenic organism or other contaminant before and after treatment or a reduction in the concentration of a contaminant or microorganism by a factor of 10. One log reduction corresponds to a 90-percent reduction from the original concentration.

56. "Maximum Contaminant Level" or "MCL" has the same meaning set forth in Title 18, Chapter 4, Article 1 of this Title.

"Modification" means a change or changes to the treatment train or operations or any other component that will result in a change in the water quality of any process, unit of operation or to the advanced treated water or finished water.

58. "Municipal wastewater" means wastewater that contains predominantly domestic waste and may include commercial and industrial waste.

59. "Non-domestic sources" means both industrial and commercial sources.

60. "National Pretreatment Program" or "NPP" means the federal program referred to by this name under the Clean Water Act that is meant to protect infrastructure and receiving waters to a fishable and swimmable standard. The NPP is designed to reduce conventional and toxic pollutant levels discharged by industries and other non-domestic wastewater sources into municipal sewer systems and into the environment. The National Pretreatment Program's implementing regulations are found at Title 40 of the Code of Federal Regulations, Parts 122, 123, 124, and 403 and chapter I, subchapter N.

61. "National Pretreatment Program AWPRA" or "NPP AWPRA" means an AWPRA subject to R18-9-C813(B).

62. "Non-National Pretreatment Program AWPRA" or "Non-NPP AWPRA" means an AWPRA subject to R18-9-C813(C).

"Off-specification water" or "off-spec water" means water that has a quality that does not meet standards such as drinking water MCLs or other AWP programmatic requirements such as standards associated with surrogates or indicators.

64. "Operational barrier" means a barrier in the form of measures, including operations and monitoring plans, failure and response plans, as well as operator training and certification.

65. "Operational parameter" means a measurable property used to characterize or partially characterize the operation of a treatment process and must confirm the treatment barriers are intact to ensure the process is meeting the water quality and pathogen/chem-ical removal goals.

66. "Original drinking water" means drinking water that was being distributed prior to the introduction of advanced treated water or finished water.

"Oxidized wastewater" means wastewater that is treated to a level beyond simple removal of floating and suspended solids and meets the secondary treatment levels as described in R18-9-B204(B)(1).

68. "Ozone with biologically active filtration" or "Ozone/BAC" means an ozonation process immediately followed by biologically activated carbon.

"Pass-through" means the occurrence of a constituent of concern exiting Water Reclamation Facilities or Advanced Water Treatment Facilities in quantities or concentrations that have a significant potential to have serious adverse public health effects or to cause a violation of a treatment technique requirement, an action level or an MCL in the advanced treated water or finished water.

70. "Pathogen" means a microorganism such as bacteria, virus, or protozoa that can cause human illness.

71. "Pilot Study" or "Pilot train" or "Pilot" means a preliminary study and treatment train, of any scale representative to the fullscale facility, which is conducted to evaluate the feasibility, duration, cost, adverse events, and to improve upon the study design prior to performance of a full-scale project.

72. "Potentially impactful non-domestic discharger" means a non-domestic discharger that has been determined by the AWPRA to pose a potential to adversely impact treatment processes or the public health or which otherwise must be identified and tracked by the AWPRA pursuant to R18-9-E824(B)(4).

73. "Product water" means water exiting a specific treatment process or a combination of treatment processes.

74. "Public water system" has the same definition as the one incorporated by reference at A.A.C. R18-4-103 (40 CFR 141.2).

75. "Quantitative Polymerase Chain Reaction" or "qPCR" means a PCR-based technique that couples amplification of a target DNA sequence with quantification of the concentration of that DNA species in the reaction.

76. "Raw wastewater" means wastewater that is entering a Water Reclamation Facility via a sewage collection system and which has not undergone any centralized treatment. For the purposes of pathogen log removal, raw wastewater means wastewater prior to any point in a wastewater treatment process that may be credited for disinfection.

77. "Raw water augmentation" means introducing advanced treated water into the raw water supply upstream of a drinking water treatment facility.

78. "Real time monitoring" or "online monitoring" means treatment performance monitoring using instruments directly in the process flow or sample line that occurs continuously or semi-continuously in intervals of 15 minutes or less.

79. "Recalcitrant Total Organic Carbon" or "rTOC" means the Total Organic Carbon (TOC) found in finished water, which once used or consumed becomes wastewater. rTOC is unlike anthropogenic TOC present in wastewater because it may not be effectively eliminated by the Water Reclamation Facility, which leaves it as a constituent of the TOC in the treated wastewater.

"Redundancy" means the use of multiple treatment barriers to attenuate the same type of constituent, so that if one barrier fails, performs inadequately, or is taken offline for maintenance, the overall system will still perform effectively, reducing risk.

"Reference Dose" or "RfD" means an estimate (with uncertainty spanning perhaps an order of magnitude) of a daily oral exposure to the human population (including sensitive subgroups) that is likely to be without an appreciable risk of deleterious effects during a lifetime.

82. "Reference pathogens" means Enteric viruses (specifically norovirus), Giardia lamblia cysts, and Cryptosporidium oocysts.

83. "Reliability" means the ability of a treatment process or treatment train to consistently achieve the desired degree of treatment, based on its inherent redundancy, robustness, and resilience.

84. "Resilience" means the ability of a treatment train to adapt successfully and restore performance rapidly when failure occurs.

85. "Robustness" means the ability of an AWP system to address a broad variety of constituents and changes in the concentrations of the constituents in the source water and resist a failure.

86. "Safe Drinking Water Act" means the Safe Drinking Water Act (Pub. L. 93-523, as amended; 42 U.S.C. 300f et seq.).

87. "SCADA" or "SCADA System" means Supervisory Control and Data Acquisition system.

88. "Secondary treatment" means treated wastewater that meets the following treatment levels:

a. Five-day biochemical oxygen demand (BOD5) less than 30 mg/l (30-day average) and 45 mg/l (seven-day average), or carbonaceous biochemical oxygen demand (CBOD5) less than 25 mg/l (30-day average) or 40 mg/l (seven-day average);

b. Total suspended solids (TSS) less than 30 mg/l (30-day average) and 45 mg/l (seven-day average);

c. pH maintained between 6.0 and 9.0 standard units; and

d. A removal efficiency of 85 percent for BOD5, CBOD5, and TSS.

89. "Source water" means water that is characterized for chemical constituents and pathogens based on which treatment or source control is designed.

"Surrogate parameter" or "Surrogate" means a measurable chemical or physical property, microorganism, or chemical that has been demonstrated to provide a direct correlation with the concentration of an indicator compound or pathogen; that may be used to monitor the efficacy of constituent reduction by a treatment process; and/or that provides an indication of a treatment process failure.

91. "Target chemical" means any unregulated chemical causing a potential human health concern that may be present in the treated wastewater.

92. "Tier 1 chemicals" means contaminants regulated as Primary Drinking Water Maximum Contaminant Levels (MCLs) under 40 CFR Part 141 of the Safe Drinking Water Act, as incorporated by reference in R18-4-102, including MCLs and treatment techniques.

93. "Tier 2 chemicals" means AWP-specific contaminants pursuant to R18-9-E826 that are not regulated in the Safe Drinking Water Act, but may be present in treated wastewater and may pose human health concerns.

94. "Tier 3 chemicals" means Performance Based Indicators that are used to monitor the performance of AWP treatment trains.

95. "Total Organic Carbon" or "TOC" means the amount of organic carbon in a sample.

96. "Trace Organic Compounds" or "TOrCs" means a category of compounds such as pharmaceuticals, personal care products, and hormones.

97. "Treated wastewater" means any water or wastewater source of predominantly municipal origin coming from a Water Reclamation Facility and going to an Advanced Water Treatment Facility that has undergone treated wastewater characterization for either enhanced wastewater treatment or secondary wastewater treatment. For the purposes of the AWP program, treated wastewater originates from a Water Reclamation Facility that has liquid stream treatment processes that, at a minimum, are designed and operated to produce oxidized wastewater that achieves a defined source water quality for the purpose of additional treatment by an Advanced Water Treatment Facility.

98. "Treated water augmentation" means finished drinking water from an AWTF, permitted as a drinking water treatment facility, which is directly introduced into a distribution system for human consumption.

99. "Treatment barrier" means a barrier in constant operation, such as a physical barrier, that can be credited with treatment performance.

"Treatment interference" or "interference" means a discharge from a non-domestic source which, alone or in conjunction with a discharge or discharges from other sources, inhibits or disrupts the AWPRA's treatment processes or operations and has significant potential for adverse public health consequences or significant potential to cause a violation of an action level, treatment technique or an MCL in advanced treated water or finished water.

101. "Treatment mechanism" means a physical, chemical, or biological action within each treatment process that reduces the concentration of a pathogen or a chemical contaminant.

102. "Treatment process" means a sequence of physical, chemical, or biological procedures applied to municipal wastewater or treated wastewater to remove pathogens and/or chemical constituents.

"Treatment technique" means a required process intended to reduce the level of a contaminant in water and/or drinking water.

104. "Treatment train" means a grouping of physical, chemical, and biological treatment technologies or processes that conditions or treats water to achieve a specific water quality goal.

105. "Upset" means unintentional and temporary non-compliance with a performance metric resulting in an excursion or loss of performance in one or more of the unit processes.

106. "Water Reclamation Facility" or "Wastewater Treatment Plant" means an arrangement of devices and structures for collecting, treating, neutralizing, stabilizing, or disposing of domestic wastewater, industrial wastes, and biosolids. For the purposes of the AWP program, a wastewater treatment plant does not include industrial wastewater treatment plants or complexes whose primary function is the treatment of industrial wastes.

107. "10-4 cancer risk" means the concentration of a chemical in drinking water corresponding to an excess estimated lifetime cancer risk of 1 in 10,000.

History

• Corrected A.R.S. reference (Supp. 77-3). Former Section R9-8-311 renumbered without change as Section R18-9-801 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-A802 Program Review; Incorporation by Reference; Quality Assurance/Quality Control Methodologies

A. The Department shall review the AWP program upon any significant update to the incorporated by reference material in the rule, any significant update to Tier 2 health advisory values, any emerging scientific developments impacting AWP treatment mechanisms, or otherwise at the Director's discretion.

1. During its review, the Department shall assess the program rules and components for adequacy against currently available data and best available science.

2. As a result of its review, the Department shall determine whether any rule should be amended or repealed, and whether any material incorporated by reference should be updated.

B. The following materials are incorporated by reference and applicable in this Article unless specifically stated otherwise. The materials include no future editions or amendments, and are on file with the Department and as indicated below:

1. Standard Methods for the Examination of Water and Wastewater, Section 5710 B, "Trihalomethane Formation Potential (THMFP)", 24th ed. 2023, available at https://www.standardmethods.org.

2. Standard Methods for the Examination of Water and Wastewater, Section 5710 C, "Simulated Distribution System Trihalometh-anes (SDS-THM)", 24th ed. 2023, available at https://www.standardmethods.org.

3. Standard Methods for the Examination of Water and Wastewater, Part 1000, "Analytical and Data Quality Systems", 24th ed. 2023, available at https://www.standardmethods.org.

4. Standard Methods for the Examination of Water and Wastewater, Section 7020, "Quality System", 24th ed. 2023, available at https://www.standardmethods.org.

5. Standard Methods for the Examination of Water and Wastewater, Section 8020, "Quality Assurance and Quality Control in Laboratory Toxicity Tests", 24th ed. 2023, available at https://www.standardmethods.org.

6. Standard Methods for the Examination of Water and Wastewater, Section 9020, "Quality Assurance/Quality Control", 24th ed. 2023, available at https://www.standardmethods.org.

7. ASTM International, Designation D4194-23, "Standard Test Methods for Operating Characteristics of Reverse Osmosis and Nanofiltration Devices", February 16, 2023, available at https://www.astm.org.

8. Federal Register, 87 FR 68066, "Contaminant Candidate List 5 - Exhibit 1b - Unregulated DBPs in the DBP Group on CCL 5", available at https://www.federalregister.gov.

9. 2018 Edition of the Drinking Water Standards and Health Advisories, U.S. EPA, available at https://www.epa.gov.

10. Method 1623.1: Cryptosporidium and Giardia in Water by Filtration/IMS/FA, published January 2012, available at https://www.nepis.epa.gov.

Method 1615: Measurement of Enterovirus and Norovirus Occurrence in Water by Culture and RT-qPCR, published 2014, available at https://cfpub.epa.gov.

40 CFR 261.21, "Characteristic of ignitability, published July 7, 2020, available at https://www.ecfr.gov.

13. "Considerations for Direct Potable Reuse Downstream of the Groundwater Recharge Advanced Water Treatment Facility". Brian Pecson, Shane Trussell, Elise Chen, Anya Kaufmann, & Rhodes Trussell. (2020).

C. Data collection, analysis, sampling, monitoring, reporting, and other related data quality assurance and quality control methodologies in this Article shall be conducted in accordance with the following applicable procedures in Standard Methods for the Examination of Water and Wastewater, 24th ed. 2023, available at standardmethods.org:

1. Part 1000, "Analytical and Data Quality Systems";

2. Section 7020, "Quality Control for Wastewater Samples";

3. Section 8020, "Quality Assurance and Quality Control in Laboratory Toxicity Tests"; and

4. Section 9020, "Interlaboratory Quality Control Guidelines".

History

• Amended by adding subsections (N) through (R) effective June 8, 1981 (Supp. 81-3). Former Section R9-8-312 renumbered without change as Section R18-9-802 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-A803 Applicability of the Safe Drinking Water Act

A. For the purposes of the Safe Drinking Water Act, treated wastewater is presumptively considered surface water. Nothing in this section exempts a facility from applicable Safe Drinking Water Act requirements in Chapter 4 of this Title.

B. An AWTF that treats treated wastewater to advanced treated water standards for raw water augmentation may, at the Director's discretion, be considered part of a public water system for the purposes of compliance with the Safe Drinking Water Act and all applicable requirements of this Title.

C. An AWTF that treats treated wastewater to finished water standards for human consumption and distribution through pipes or other constructed conveyances is, or is part of, a public water system for the purposes of compliance with the Safe Drinking Water Act and all applicable requirements of this Title.

D. If the AWTF is considered a public water system under either subsections (B) or (C):

1. Permitting processes of this Article supersede the public water system permitting requirements in Chapter 5, Article 5, where they conflict, and

Design requirements of this Article supersede the public water system design requirements in Chapter 5, Article 5 where they conflict.

History

• Amended effective April 18, 1979 (Supp. 79-2). Amended by adding subsection (E) effective October 2, 1986 (Supp. 86-5). Former Section R9-8-313 renumbered without change as Section R18-9-803 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Article 9 ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM

Part A GENERAL REQUIREMENTS

Ariz. Admin. Code § R18-9-A901 Definitions

In addition to the definitions in A.R.S. § 49-201 and 49-255, the following terms apply to this Article:

1. "Animal confinement area" means any part of an animal feeding operation where animals are restricted or confined including open lots, housed lots, feedlots, confinement houses, stall barns, free stall barns, milkrooms, milking centers, cowyards, barnyards, medication pens, walkers, animal walkways, and stables.

2. "Animal feeding operation" means a lot or facility (other than an aquatic animal production facility) where the following conditions are met:

a. Animals (other than aquatic animals) have been, are, or will be stabled or confined and fed or maintained for a total of 45 days or more in any 12-month period, and

b. Crops, vegetation, forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot or facility.

3. "Aquaculture project" means a defined managed water area that uses discharges of pollutants into that designated project area for the maintenance or production of harvestable freshwater plants or animals. For purposes of this definition, "designated project area" means the portion or portions of the navigable waters within which the permittee or permit applicant plans to confine the cultivated species using a method or plan of operation, including physical confinement, that on the basis of reliable scientific evidence, is expected to ensure that specific individual organisms comprising an aquaculture crop will enjoy increased growth attributable to the discharge of pollutants, and be harvested within a defined geographic area.

4. "Border area" means 100 kilometers north and south of the Arizona-Sonora, Mexico border.

5. "Bypass" means the intentional diversion of waste streams from any portion of a treatment facility.

6. "CAFO" means any large concentrated animal feeding operation, medium concentrated animal feeding operation, or animal feeding operation designated under R18-9-D901.

7. "Concentrated aquatic animal production facility" means a hatchery, fish farm, or other facility that contains, grows, or holds aquatic animals in either of the following categories:

a. Cold-water aquatic animals. Cold-water fish species or other cold-water aquatic animals (including the Salmonidae family of fish) in a pond, raceway, or other similar structure that discharges at least 30 days per year, but does not include:

i. A facility that produces less than 9,090 harvest weight kilograms (approximately 20,000 pounds) of aquatic animals per year; and

ii. A facility that feeds the aquatic animals less than 2,272 kilograms (approximately 5,000 pounds) of food during the calendar month of maximum feeding.

b. Warm-water aquatic animals. Warm-water fish species or other warm-water aquatic animals (including the Ameiuride, Centrarchidae, and Cyprinidae families of fish) in a pond, raceway, or other similar structure that discharges at least 30 days per year, but does not include:

i. A closed pond that discharges only during periods of excess runoff; or

ii. A facility that produces less than 45,454 harvest weight kilograms (approximately 100,000 pounds) of aquatic animals per year.

8. "Daily discharge" means the discharge of a pollutant measured during a calendar day or any 24-hour period that reasonably represents the calendar day for purposes of sampling. For pollutants with limitations expressed in units of mass, the daily discharge is calculated as the total mass of the pollutant discharged over the day. For pollutants with limitations expressed in other units of measurement, the daily discharge is calculated as the average measurement of the pollutant over the day.

9. "Discharge of a pollutant" means any addition of any pollutant or combination of pollutants to a navigable water from any point source.

a. The term includes the addition of any pollutant into a navigable water from:

i. A treatment works treating domestic sewage;

ii. Surface runoff that is collected or channeled by man;

iii. A discharge through a pipe, sewer, or other conveyance owned by a state, municipality, or other person that does not lead to a treatment works; and

iv. A discharge through a pipe, sewer, or other conveyance, leading into a privately owned treatment works.

b. The term does not include an addition of a pollutant by any industrial user as defined in A.R.S. § 49-255(4).

10. "Draft permit" means a document indicating the Director's tentative decision to issue, deny, modify, revoke and reissue, terminate, or reissue a permit.

a. A notice of intent to terminate a permit is a type of draft permit unless the entire discharge is permanently terminated by elimination of the flow or by connection to a POTW, but not by land application or disposal into a well.

b. A notice of intent to deny a permit is a type of draft permit.

c. A proposed permit or a denial of a request for modification, revocation and reissuance, or termination of a permit, are not draft permits.

11. "EPA" means the U.S. Environmental Protection Agency.

12. "General permit" means an AZPDES permit issued under 18 A.A.C. 9, Article 9, authorizing a category of discharges within a geographical area.

13. "Individual permit" means an AZPDES permit for a single point source, a single facility, or a municipal separate storm sewer system.

14. "Land application area," for purposes of Article 9, Part D, means land under the control of an animal feeding operation owner or operator, whether it is owned, rented, or leased, to which manure, litter, or process wastewater from the production area is or may be applied.

15. "Large concentrated animal feeding operation" means an animal feeding operation that stables or confines at least the number of animals specified in any of the following categories:

a. 700 mature dairy cows, whether milked or dry;

b. 1,000 veal calves;

c. 1,000 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow and calf pairs;

d. 2,500 swine each weighing 55 pounds or more;

e. 10,000 swine each weighing less than 55 pounds;

f. 500 horses;

g. 10,000 sheep or lambs;

h. 55,000 turkeys;

i. 30,000 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

j. 125,000 chickens (other than laying hens), if the animal feeding operation uses other than a liquid manure handling system;

k. 82,000 laying hens, if the animal feeding operation uses other than a liquid manure handling system;

l. 30,000 ducks, if the animal feeding operation uses other than a liquid manure handling system; or

m. 5,000 ducks, if the animal feeding operation uses a liquid manure handling system.

16. "Large municipal separate storm sewer system" means a municipal separate storm sewer that is either:

a. Located in an incorporated area with a population of 250,000 or more as determined by the 1990 Decennial Census by the Bureau of the Census;

b. Located in a county with an unincorporated urbanized area with a population of 250,000 or more, according to the 1990 Decennial Census by the Bureau of Census, but not a municipal separate storm sewer that is located in an incorporated place, township, or town within the county; or

c. Owned or operated by a municipality other than those described in subsections (16)(a) and (16)(b) and that are designated by the Director under R18-9-A902(D)(2) as part of the large municipal separate storm sewer system.

17. "Manure" means any waste or material mixed with waste from an animal including manure, bedding, compost and raw materials, or other materials commingled with manure or set aside for disposal.

18. "Manure storage area" means any part of an animal feeding operation where manure is stored or retained including lagoons, run-off ponds, storage sheds, stockpiles, under-house or pit storages, liquid impoundments, static piles, and composting piles.

19. "Medium concentrated animal feeding operation" means an animal feeding operation in which:

a. The type and number of animals that it stables or confines falls within any of the following ranges:

i. 200 to 699 mature dairy cows, whether milked or dry;

ii. 300 to 999 veal calves;

iii. 300 to 999 cattle other than mature dairy cows or veal calves. Cattle includes heifers, steers, bulls, and cow and calf pairs;

iv. 750 to 2,499 swine each weighing 55 pounds or more;

v. 3,000 to 9,999 swine each weighing less than 55 pounds;

vi. 150 to 499 horses;

vii. 3,000 to 9,999 sheep or lambs;

viii. 16,500 to 54,999 turkeys;

ix. 9,000 to 29,999 laying hens or broilers, if the animal feeding operation uses a liquid manure handling system;

x. 37,500 to 124,999 chickens (other than laying hens), if the animal feeding operation uses other than a liquid manure handling system;

xi. 25,000 to 81,999 laying hens, if the animal feeding operation uses other than a liquid manure handling system;

xii. 10,000 to 29,999 ducks, if the animal feeding operation uses other than a liquid manure handling system; or

xiii. 1,500 to 4,999 ducks, if the animal feeding operation uses a liquid manure handling system; and

b. Either one of the following conditions are met:

i. Pollutants are discharged into a navigable water through a man-made ditch, flushing system, or other similar man-made device; or

ii. Pollutants are discharged directly into a navigable water that originates outside of and passes over, across, or through the animal feeding operation or otherwise comes into direct contact with the animals confined in the operation.

20. "Medium municipal separate storm sewer system" means a municipal separate storm sewer that is either:

a. Located in an incorporated area with a population of 100,000 or more but less than 250,000, as determined by the 1990 Decennial Census by the Bureau of the Census; or

b. Located in a county with an unincorporated urbanized area with a population of 100,000 or more but less than 250,000 as determined by the 1990 Decennial Census by the Bureau of the Census; or

c. Owned or operated by a municipality other than those described in subsections (20)(a) and (20)(b) and that are designated by the Director under R18-9-A902(D)(2) as part of the medium municipal separate storm sewer system.

21. "MS4" means municipal separate storm sewer system.

22. "Municipal separate storm sewer" means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, and storm drains):

a. Owned or operated by a state, city, town county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, stormwater, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or a designated and approved management agency under section 208 of the Clean Water Act (33 U.S.C. 1288) that discharges to waters of the United States;

b. Designed or used for collecting or conveying stormwater;

c. That is not a combined sewer; and

d. That is not part of a POTW.

23. "Municipal separate storm sewer system" means all separate storm sewers defined as "large," "medium," or "small" municipal separate storm sewer systems or any municipal separate storm sewers on a system-wide or jurisdiction-wide basis as determined by the Director under R18-9-C902(A)(1)(g)(i) through (iv).

24. "New discharger" includes an industrial user and means any building, structure, facility, or installation:

a. From which there is or may be a discharge of pollutants;

b. That did not commence the discharge of pollutants at a particular site before August 13, 1979;

c. That is not a new source; and

d. That has never received a finally effective NPDES or AZPDES permit for discharges at that site.

25. "New source" means any building, structure, facility, or installation from which there is or may be a discharge of pollutants, the construction of which commenced:

a. After the promulgation of standards of performance under section 306 of the Clean Water Act (33 U.S.C. 1316) that are applicable to the source, or

b. After the proposal of standards of performance in accordance with section 306 of the Clean Water Act (33 U.S.C. 1316) that are applicable to the source, but only if the standards are promulgated under section 306 (33 U.S.C. 1316) within 120 days of their proposal.

26. "NPDES" means the National Pollutant Discharge Elimination System, which is the national program for issuing, modifying, revoking, reissuing, terminating, monitoring, and enforcing permits, and imposing and enforcing pretreatment and biosolids requirements under sections 307 (33 U.S.C. 1317), 318 (33 U.S.C. 1328), 402 (33 U.S.C. 1342), and 405 (33 U.S.C. 1345) of the Clean Water Act.

27. "Pollutant" means dredged spoil, solid waste, incinerator residue, filter backwash, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials (except those regulated under the Atomic Energy Act of 1954, as amended (42 U.S.C. 2014 et seq.)), heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. It does not mean:

a. Sewage from vessels; or

b. Water, gas, or other material that is injected into a well to facilitate production of oil or gas, or water derived in association with oil and gas production and disposed of in a well, if the well used either to facilitate production or for disposal purposes is approved by authority of this state, and if the state determines that the injection or disposal will not result in the degradation of ground or surface water resources. (40 CFR 122.2)

28. "POTW" means a publicly owned treatment works.

29. "Process wastewater," for purposes of Article 9, Part D, means any water that comes into contact with a raw material, product, or byproduct including manure, litter, feed, milk, eggs, or bedding and water directly or indirectly used in the operation of an animal feeding operation for any or all of the following:

a. Spillage or overflow from animal or poultry watering systems;

b. Washing, cleaning, or flushing pens, barns, manure pits, or other animal feeding operation facilities;

c. Direct contact swimming, washing, or spray cooling of animals; or

d. Dust control.

30. "Proposed permit" means an AZPDES permit prepared after the close of the public comment period (including EPA review), and any applicable public hearing and administrative appeal, but before final issuance by the Director. A proposed permit is not a draft permit.

31. "Pretreatment" means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater before or instead of discharging or otherwise introducing the pollutants into a POTW.

32. "Production area," for purposes of Article 9, Part D, means the animal confinement area, manure storage area, raw materials storage area, and waste containment areas. Production area includes any egg washing or egg processing facility and any area used in the storage, handling, treatment, or disposal of animal mortalities.

33. "Raw materials storage area" means the part of an animal feeding operation where raw materials are stored including feed silos, silage bunkers, and bedding materials.

34. "Silviculture point source" means any discernible, confined, and discrete conveyance related to rock crushing, gravel washing, log sorting, or log storage facilities that are operated in connection with silvicultural activities and from which pollutants are discharged into navigable waters. The term does not include nonpoint source silvicultural activities such as nursery operations, site preparation, reforestation and subsequent cultural treatment, thinning, prescribed burning, pest and fire control, harvesting operations, surface drainage, or road construction and maintenance from which there is natural runoff. For purposes of this definition:

a. "Log sorting and log storage facilities" means facilities whose discharge results from the holding of unprocessed wood, for example, logs or round wood with or without bark held in self-contained bodies of water or stored on land if water is applied intentionally on the logs.

b. "Rock crushing and gravel washing facilities" mean facilities that process crushed and broken stone, gravel, and riprap.

35. "Small municipal separate storm sewer system" means a separate storm sewer that is:

a. Owned or operated by the United States, a state, city, town, county, district, association, or other public body (created by or pursuant to state law) having jurisdiction over disposal of sewage, industrial wastes, storm water, or other wastes, including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act (33 U.S.C. 1288) that discharge to navigable waters.

b. Not defined as a "large" or "medium" municipal separate storm sewer system or designated under R18-9-A902(D)(2).

c. Similar to municipal separate storm sewer systems such as systems at military bases, large hospital or prison complexes, universities, and highways and other thoroughfares. The term does not include a separate storm sewer in a very discrete area such as an individual building.

36. "Stormwater" means stormwater runoff, snow melt runoff, and surface runoff and drainage.

37. "Treatment works treating domestic sewage" means a POTW or any other sewage sludge or waste water treatment device or system, regardless of ownership (including federal facilities), used in the storage, treatment, recycling, and reclamation of municipal or domestic sewage, including land dedicated for the disposal of sewage sludge. This definition does not include septic tanks or similar devices. For purposes of this definition, "domestic sewage" includes waste and wastewater from humans or household operations that are discharged to or otherwise enter a treatment works.

38. "Waste containment area" means any part of an animal feeding operation where waste is stored or contained including settling basins and areas within berms and diversions that separate uncontaminated stormwater.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R18-9-A902 AZPDES Permit Transition, Applicability, And Exclusions

A. Upon the effective date of EPA approval of the AZPDES program, the Department shall, under A.R.S. Title 49, Chapter 2, Article 3.1 and Articles 9 and 10 of this Chapter, administer any permit authorized or issued under the NPDES program, including an expired permit that EPA has continued in effect under 40 CFR 122.6.

The Director shall give a notice to all Arizona NPDES permittees, except NPDES permittees located on and discharging in Indian Country, and shall publish a notice in one or more newspapers of general circulation in the state. The notice shall contain:

b.a. The name and address of the Department;

c.b. The name of each individual permitted facility and its permit number;

d.c. The title of each general permit administered by the Department;

e.d. The name and address of the contact person, to which the permittee will submit notification and monitoring reports; and

f. Information specifying the state laws equivalent to the federal laws or regulations referenced in a NPDES permit; and

g.e. The name, address, and telephone number of a person from whom an interested person may obtain further information about the transition.

2. The Department shall provide the following entities with a copy of the notice:

a. Each county department of health, environmental services, or comparable department;

b. Each Arizona council of government, tribal government, the states of Utah, Nevada, New Mexico, and California, and EPA Region 9;

c. Any person who requested, in writing, notification of the activity;

d. The Mexican Secretaria de Medio Ambiente y Recursos Naturales, and

e. The United States Section of the International Boundary and Water Commission.

3. If a timely application for a NPDES permit was submitted to EPA before approval of the AZPDES program, the applicant may continue the process with EPA or request the Department to act on the application. In either case, the Department shall issue the permit.

4. The terms and conditions under which the permit was issued remain the same until the permit is modified.

B. Article 9 of this Chapter applies to any "discharge of a pollutant." Examples of categories that result in a "discharge of a pollutant" and may require an AZPDES permit include:

1. CAFOs;

2. Concentrated aquatic animal production facilities;

3. Case-by-case designation of concentrated aquatic animal production facilities;

a. The Director may designate any warm- or cold-water aquatic animal production facility as a concentrated aquatic animal production facility upon determining that it is a significant contributor of pollution to navigable waters. The Director shall consider the following factors when making this determination:

i. The location and quality of the receiving waters of the United States;

ii. The holding, feeding, and production capacities of the facility;

iii. The quantity and nature of the pollutants reaching navigable waters; and

iv. Any other relevant factor;

b. A permit application is not required from a concentrated aquatic animal production facility designated under subsection (B)(3)(a) until the Director conducts an onsite inspection of the facility and determines that the facility should and could be regulated under the AZPDES permit program;

4. Aquaculture projects;

5. Manufacturing, commercial, mining, and silviculture point sources;

POTWs;

7. New sources and new dischargers;

8. Stormwater discharges:

a. Associated with industrial activity as defined under 40 CFR 122.26(b)(14), incorporated by reference in R18-9-A905(A)(1)(d). The Department shall not consider a discharge to be a discharge associated with industrial activity if the discharge is composed entirely of stormwater and meets the conditions of no exposure as defined under 40 CFR 122.26(g), incorporated by reference in R18-9-A905(A)(1)(d);

b. From a large, medium, or small MS4;

c. From a construction activity, including clearing, grading, and excavation, that results in the disturbance of:

i. Equal to or greater than one acre or;

ii. Less than one acre of total land area that is part of a larger common plan of development or sale if the larger common plan will ultimately disturb equal to or greater than one acre; but

iii. Not including routine maintenance that is performed to maintain the original line and grade, hydraulic capacity, or original purpose of the facility;

d. Any discharge that the Director determines contributes to a violation of a water quality standard or is a significant contributor of pollutants to a navigable water, which may include a discharge from a conveyance or system of conveyances (including roads with drainage systems and municipal streets) used for collecting and conveying stormwater runoff or a system of discharges from municipal separate storm sewers.

C. Articles 9 and 10 of this Chapter apply to the following biosolids categories and may require an AZPDES permit:

1. Treatment works treating domestic sewage that would not otherwise require an AZPDES permit; and

2. Using, applying, generating, marketing, transporting, and disposing of biosolids.

D. Director designation of MS4s.

1. The Director may designate and require any small MS4 located outside of an urbanized area to obtain an AZPDES stormwater permit. The Director shall base this designation on whether a stormwater discharge results in or has the potential to result in an exceedance of a water quality standard, including impairment of a designated use, or another significant water quality impact, including a habitat or biological impact.

a. When deciding whether to designate a small MS4, the Director shall consider the following criteria:

i. Discharges to sensitive waters,

ii. Areas with high growth or growth potential,

iii. Areas with a high population density,

iv. Areas that are contiguous to an urbanized area,

v. Small MS4s that cause a significant contribution of pollutants to a navigable water,

vi. Small MS4s that do not have effective programs to protect water quality, and

vii. Any other relevant criteria.

b. The same requirements for small MS4s designated under 40 CFR 122.32(a)(1) apply to permits for designated MS4s not waived under R18-9-B901(A)(3).

2. The Director may designate an MS4 as part of a large or medium system due to the interrelationship between the discharges from a designated storm sewer and the discharges from a municipal separate storm sewer described under R18-9-A901(16)(a) and (b), or R18-9-A901(20)(a) or (b), as applicable. In making this determination, the Director shall consider the following factors:

a. Physical interconnections between the municipal separate storm sewers;

b. The location of discharges from the designated municipal separate storm sewer relative to discharges from municipal separate storm sewers described in R18-9-A901(16)(a) and R18-9-A901(20)(a);

c. The quantity and nature of pollutants discharged to a navigable water;

d. The nature of the receiving waters; and

e. Any other relevant factor.

3. The Director shall designate a small MS4 that is physically interconnected with a MS4 that is regulated by the AZPDES program if the small MS4 substantially contributes to the pollutant loading of the regulated MS4.

E. Petitions. The Director may, upon a petition, designate as a large, medium or small MS4, a municipal separate storm sewer located within the boundaries of a region defined by a stormwater management regional authority based on a jurisdictional, watershed, or other appropriate basis that includes one or more of the systems described in R18-9-A901(16), R18-9-A901(20) or R18-9-A901(35), as applicable.

F. Phase-ins.

1. The Director may phase-in permit coverage for a small MS4 serving a jurisdiction with a population of less than 10,000 if a phasing schedule is developed and implemented for approximately 20 percent annually of all small MS4s that qualify for the phased-in coverage.

a. If the phasing schedule is not yet approved for permit coverage, the Director shall, by December 9, 2002, determine whether to issue an AZPDES permit or allow a waiver under R18-9-B901(A)(3) for each eligible MS4.

b. All regulated MS4s shall have coverage under an AZPDES permit no later than March 8, 2007.

2. The Director may provide a waiver under R18-9-B901(A)(3) for any municipal separate storm sewage system operating under a phase-in plan.

G. Exclusions. The following discharges do not require an AZPDES permit:

1. Discharge of dredged or fill material into a navigable water that is regulated under section 404 of the Clean Water Act (33 U.S.C. 1344);

2. The introduction of sewage, industrial wastes, or other pollutants into POTWs by indirect dischargers. Plans or agreements to switch to this method of disposal in the future do not relieve dischargers of the obligation to have and comply with a permit until all discharges of pollutants to a navigable water are eliminated. This exclusion does not apply to the introduction of pollutants to privately owned treatment works or to other discharges through a pipe, sewer, or other conveyance owned by the state, a municipality, or other party not leading to treatment works;

3. Any discharge in compliance with the instructions of an on-scene coordinator under 40 CFR 300, The National Oil and Hazardous Substances Pollution Contingency Plan; or 33 CFR 153.10(e), Control of Pollution by Oil and Hazardous Substances, Discharge Removal;

4. Any introduction of pollutants from a nonpoint source agricultural or silvicultural activity, including stormwater runoff from an orchard, cultivated crop, pasture, rangeland, and forest land, but not discharges from a concentrated animal feeding operation, concentrated aquatic animal production facility, silvicultural point source, or to an aquaculture project;

5. Return flows from irrigated agriculture;

6. Discharges into a privately owned treatment works, except as the Director requires under 40 CFR 122.44(m), which is incorporated by reference in R18-9-A905(A)(3)(d);

7. Discharges from conveyances for stormwater runoff from mining operations or oil and gas exploration, production, processing or treatment operations, or transmission facilities, composed entirely of flows from conveyances or systems of conveyances, including pipes, conduits, ditches, and channels, used for collecting and conveying precipitation runoff and that are not contaminated by contact with or that has not come into contact with, any overburden, raw material, intermediate products, finished product, byproduct, or waste product located on the site of the operations.

H. Conditional no exposure exclusion.

Discharges composed entirely of stormwater are not considered stormwater discharges associated with an industrial activity if there is no exposure, and the discharger satisfies the conditions under 40 CFR 122.26(g), which is incorporated by reference in R18-9-A905(A)(1)(d).

2. For purposes of this subsection:

a. "No exposure" means that all industrial materials and activities are protected by a storm resistant shelter to prevent exposure to rain, snow, snowmelt, and runoff.

b. "Industrial materials or activities" include material handling equipment or activities, industrial machinery, raw materials, intermediate products, by-products, final products, or waste products.

c. "Material-handling activities" include storage, loading and unloading, transportation, or conveyance of any raw material, intermediate product, final product, or waste product.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 2704, effective June 5, 2002 (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-A903 Prohibitions

A. The Director shall not issue a permit for a discharge to a WOTUS:

1. If the conditions of the permit do not provide for compliance with the applicable requirements of A.R.S. Title 49, Chapter 2, Article 3.1; 18 A.A.C. 9, Articles 9 and 10; and the Clean Water Act;

2. Before resolution of an EPA objection to a draft or proposed permit under R18-9-A908(C);

3. If the imposition of conditions cannot ensure compliance with the applicable water quality requirements from Arizona or an affected state or tribe, or a federally promulgated water quality standard under 40 CFR 131.31;

4. If in the judgment of the Secretary of the U.S. Army, acting through the Chief of Engineers, the discharge will substantially impair anchorage and navigation in or on any navigable water;

5. For the discharge of any radiological, chemical, or biological warfare agent, or high-level radioactive waste;

6. For any discharge inconsistent with a plan or plan amendment approved under section 208(b) of the Clean Water Act (33 U.S.C. 1288); and

7. To a new source or a new discharger if the discharge from its construction or operation will cause or contribute to the violation of a water quality standard. The owner or operator of a new source or new discharger proposing to discharge into a water segment that does not meet water quality standards or is not expected to meet those standards even after the application of the effluent limitations required under R18-9-A905(A)(8), and for which the Department has performed a wasteload allocation for the proposed discharge, shall demonstrate before the close of the public comment period that:

a. There are sufficient remaining wasteload allocations to allow for the discharge, and

b. The existing dischargers into the segment are subject to schedules of compliance designed to bring the segment into compliance with water quality standards.

B. The Director shall not issue a permit for a discharge to a non-WOTUS protected surface water:

1. If the permit or the conditions of the permit violate the restrictions listed in A.R.S. § 49-255.04; and

2. If the conditions of the permit do not provide for compliance with 18 A.A.C. 11, Article 2 and the applicable requirements of 18 A.A.C. 9, Article 9.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 2704, effective June 5, 2002 (Supp. 02-2). Amended by final rulemaking at 29 A.A.R. 296, effective 2/20/2023.

Ariz. Admin. Code § R18-9-A904 Effect of a Permit

A. Except for a standard or prohibition imposed under section 307 of the Clean Water Act (33 U.S.C. 1317) for a toxic pollutant that is injurious to human health and standards for sewage sludge use or disposal under Article 10 of this Chapter, compliance with an AZP-DES permit during its term constitutes compliance, for purposes of enforcement, with Article 9 of this Chapter. However, the Director may modify, revoke and reissue, suspend, or terminate a permit during its term for cause under R18-9-B906.

B. The issuance of a permit does not convey any property rights or exclusive privilege to the permittee.

C. The issuance of a permit does not authorize any injury to a person or property or invasion of other private rights, or any infringement of federal, state, or local law, or regulations.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-A905 AZPDES Program Standards

A. Except for subsection (A)(11), the following 40 CFR sections and appendices, amended as of April 15, 2023, as they apply to the NPDES program, are incorporated by reference, do not include any later amendments or editions of the incorporated matter, and are on file with the Department:

1. General program requirements.

a. 40 CFR 122.7;

b. 40 CFR 122.21, except 40 CFR 122.21(a) through (e) and (l);

c. 40 CFR 122.22;

d. 40 CFR 122.26, except 40 CFR 122.26(c)(2), and 40 CFR 122.26(e)(2);

e. 40 CFR 122.29;

f. 40 CFR 122.32;

g. 40 CFR 122.33;

h. 40 CFR 122.34;

i. 40 CFR 122.35;

j. 40 CFR 122.62(a) and (b).

2. Procedures for Decision making.

a. 40 CFR 124.8, except 40 CFR 124.8(b)(3); and

b. 40 CFR 124.56.

3. Permit requirements and conditions.

a. 40 CFR 122.41, except 40 CFR 122.41(a)(2) and (a)(3);

b. 40 CFR 122.42;

c. 40 CFR 122.43;

d. 40 CFR 122.44;

e. 40 CFR 122.45;

f. 40 CFR 122.47;

g. 40 CFR 122.48; and

h. 40 CFR 122.50.

4. Criteria and standards for the national pollutant discharge elimination system. 40 CFR 125, subparts A, B, D, H, and I.

5. Toxic pollutant effluent standards. 40 CFR 129.

6. Secondary treatment regulation. 40 CFR 133.

7. Guidelines for establishing test procedures for the analysis of pollutants, 40 CFR 136 .

8. Effluent guidelines and standards.

a. General provisions, 40 CFR 401 ; and

b. General pretreatment regulations for existing and new sources of pollution, 40 CFR 403 and Appendices A, D, E, and G.

9. Effluent limitations guidelines. 40 CFR 405 through 40 CFR 471.

Standards for the use or disposal of sewage sludge. 40 CFR 503, Subpart C.

11. The following substitutions apply to the material in subsections (A)(1) through (A)(10):

a. Substitute the term AZPDES for any reference to NPDES;

b. Except for 40 CFR 122.21(f) through (q), substitute R18-9-B901 (individual permit), and R18-9-C901 (general permit), for any reference to 40 CFR 122.21;

c. Substitute Articles 9 and 10 of this Chapter for any reference to 40 CFR 122 ;

d. Substitute R18-9-C901 for any reference to 40 CFR 122.28;

e. Substitute R18-9-B901 (individual permit), and R18-9-C901 (general permit), for any reference to 40 CFR 122 subpart B;

f. Substitute Articles 9 and 10 of this Chapter for any reference to 40 CFR 123 ;

g. Substitute Articles 9 and 10 of this Chapter for any reference to 40 CFR 124 ;

h. Substitute R18-9-1006 for any reference to 40 CFR 503.32; and

i. Substitute R18-9-1010 for any reference to 40 CFR 503.33.

B. A person shall analyze a pollutant using a test procedure for the pollutant specified by the Director in an AZPDES permit. If the Director does not specify a test procedure for a pollutant in an AZPDES permit, a person shall analyze the pollutant using:

1. A test procedure listed in 40 CFR 136, which is incorporated by reference in subsection (A)(7);

2. An alternate test procedure approved by the EPA as provided in 40 CFR 136;

3. A test procedure listed in 40 CFR 136, with modifications allowed by the EPA and approved as a method alteration by the Arizona Department of Health Services under A.A.C. R9-14-610(B); or

4. If a test procedure for a pollutant is not available under subsection (B)(1) through (B)(3), a test procedure listed in A.A.C. R9-14-612 or approved under A.A.C. R9-14-610(C).

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 8 A.A.R. 2704, effective June 5, 2002 (Supp. 02-2). Amended by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4). Amended by final expedited rulemaking at 30 A.A.R. 28, effective 12/15/2023.

Ariz. Admin. Code § R18-9-A906 General Pretreatment Regulations for Existing and New Sources of Pollution

A. The reduction or alteration of a pollutant may be obtained by physical, chemical, or biological processes, process changes, or by other means, except as prohibited under 40 CFR 403.6(d), which is incorporated by reference in R18-9-A905(A)(8)(b). Appropriate pretreatment technology includes control equipment, such as equalization tanks or facilities, for protection against surges or slug loading that might interfere with or otherwise be incompatible with the POTW. However, if wastewater from a regulated process is mixed in an equalization facility with unregulated wastewater or with wastewater from another regulated process, the effluent from the equalization facility shall meet an adjusted pretreatment limit calculated under 40 CFR 403.6(e), which is incorporated by reference in R18-9-A905(A)(8)(b).

B. Pretreatment applies to:

1. Pollutants from non-domestic sources covered by pretreatment standards that are indirectly discharged, transported by truck or rail, or otherwise introduced into POTWs;

2. POTWs that receive wastewater from sources subject to national pretreatment standards; and

3. Any new or existing source subject to national pretreatment standards.

C. National pretreatment standards do not apply to sources that discharge to a sewer that is not connected to a POTW.

D. For purposes of this Section the terms "National Pretreatment Standard" and "Pretreatment Standard" mean any regulation containing pollutant discharge limits promulgated by EPA under section 307(b) and (c) of the Clean Water Act (33 U.S.C. 1317), which applies to Industrial Users. This term includes prohibitive discharge limits established under 40 CFR 403.5.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-A907 Public Notice Requirements

A. Individual permits.

1. The Director shall publish a notice that a draft individual permit has been prepared, or a permit application has been tentatively denied, and may publish all notices of these activities in one or more newspapers of general circulation where the facility is located, or to the Department's website. If the Department publishes notice of a draft individual permit on the website, it shall additionally post on the website the draft permit and fact sheet for the duration of the public comment period. The notice shall contain:

a. The name and address of the Department;

b. The name and address of the permittee or permit applicant and if different, the name of the facility or activity regulated by the permit;

c. A brief description of the business conducted at the facility or activity described in the permit application;

d. The name, address, and telephone number of a person from whom an interested person may obtain further information, including copies of the draft permit, fact sheet, and application;

e. A brief description of the comment procedures, the time and place of any hearing, including a statement of procedures to request a hearing (unless a hearing has already been scheduled), and any other procedure by which the public may participate in the final permit decision;

f. A general description of the location of each existing or proposed discharge point and the name of the receiving water;

g. For sources subject to section 316(a) of the Clean Water Act, a statement that the thermal component of the discharge is subject to effluent limitations under the Clean Water Act, section 301 (33 U.S.C. 1311) or 306 (33 U.S.C. 1316) and a brief description, including a quantitative statement, of the thermal effluent limitations proposed under section 301 (33 U.S.C. 1311) or 306 (33 U.S.C. 1316);

h. Requirements applicable to cooling water intake structures at new facilities subject to 40 CFR 125, subpart I; and

i. Any additional information considered necessary to the permit decision.

2. The Department shall provide the applicant with a copy of the draft individual permit.

3. Copy of the notice. The Department shall provide the following entities with a copy of the notice:

a. The applicant or permittee;

b. Any user identified in the permit application of a privately owned treatment works;

c. Any affected federal, state, tribal, or local agency, or council of government;

d. Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, the Arizona Historic Preservation Office, and the U.S. Army Corps of Engineers;

e. Each applicable county department of health, environmental services, or comparable department;

f. Any person who requested, in writing, notification of the activity; and

g. The Secretaria de Medio Ambiente y Recursos Naturales and the United States Section of the International Boundary and Water Commission, if the Department is aware the effluent discharge is expected to reach Sonora, Mexico, either through surface water or groundwater.

B. General permits. If the Director considers issuing a general permit applicable to a category of discharge under R18-9-C901, the Director shall publish a general notice of the draft permit. The Director shall publish a notice that a draft individual permit has been prepared, or a permit application has been tentatively denied and may publish all notices of these activities in one or more newspapers of general circulation where the facility is located, or to the Department's website. If the Department publishes notice of a draft individual permit on the website, it shall additionally post on the website the draft permit and fact sheet for the duration of the public comment period. The notice shall contain:

1. The name and address of the Department,

The name of the person to contact regarding the permit,

3. The general permit category,

4. A brief description of the proposed general permit,

5. A map or description of the permit area,

The web site or any other location where the proposed general permit may be obtained, and

7. The ending date for public comment

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-A908 Public Participation, Epa Review, Epa Hearing

A. Public comment period.

1. The Director shall accept written comments from any interested person before a decision is made on any notice published under R18-9-A907(A) or (B).

2. The public comment period begins on the publication date of the notice and extends for 30 calendar days.

3. The Director may extend the comment period to provide commenters a reasonable opportunity to participate in the decision-making process.

4. If any data, information, or arguments submitted during the public comment period appear to raise substantial new questions concerning a permit, the Director may reopen or extend the comment period to provide interested persons an opportunity to comment on the information or arguments submitted. Comments filed during a reopened comment period are limited to the substantial new questions that caused its reopening.

a. Corps of Engineers.

i. If the District Engineer advises the Director that denying the permit or imposing specified conditions upon a permit is necessary to avoid any substantial impairment of anchorage or navigation, then the Director shall deny the permit or include the specified conditions in the permit.

ii. A person shall use the applicable procedures of the Corps of Engineers Review and not the procedures under this Article to appeal the denial of a permit or conditions specified by the District Engineer.

iii. If the conditions are stayed by a court of competent jurisdiction or by applicable procedures of the Corps of Engineers, those conditions are considered stayed in the AZPDES permit for the duration of that stay.

b. If an agency with jurisdiction over fish, wildlife, or public health advises the Director in writing that the imposition of specified conditions upon the permit is necessary to avoid substantial impairment of fish, shellfish, or wildlife resource, the Director may include the specified conditions in the permit to the extent they are determined necessary to carry out the provisions of the Clean Water Act.

B. Public hearing.

1. The Director shall provide notice and conduct a public hearing to address a draft permit or denial regarding a final decision if:

a. Significant public interest in a public hearing exists, or

b. Significant issues or information have been brought to the attention of the Director during the comment period that was not considered previously in the permitting process.

If, after publication of the notice under R18-9-A907, the Director determines that a public hearing is necessary, the Director shall schedule a public hearing and publish notice of the public hearing at least once, in one or more newspapers of general circulation where the facility is located. The notice for public hearing shall contain:

a. The date, time, and place of the hearing;

b. Reference to the date of a previous public notice relating to the proposed decision, if any; and

c. A brief description of the nature and purpose of the hearing, including reference to the applicable laws and rules.

3. The Department shall accept written public comment until the close of the hearing or until a later date specified by the person presiding at the public hearing.

C. EPA review of draft and proposed permits.

1. Individual permits.

a. The Department shall send a copy of the draft permit to EPA.

b. If EPA objects to the draft permit within 30 days from the date of receipt of the draft permit, the EPA comment period is extended to 90 days from the date of receipt of the draft permit and the substantive review time-frame is suspended until EPA makes a final determination.

c. If, based on public comments, the Department revises the draft permit, the Department shall send EPA a copy of the proposed permit. If EPA objects to the proposed permit within 30 days from the date of receipt of the proposed permit, the EPA comment period is extended to 90 days from the date of receipt of the proposed permit and the substantive review time-frame is suspended until EPA makes a final determination.

d. If EPA withdraws its objection to the draft or proposed permit or does not submit specific objections within 90 days, the Director shall issue the permit.

2. General permits. The Director shall send a copy of the draft permit to EPA and comply with the following review procedure for EPA comments:

a. If EPA objects to the draft permit within 90 days from receipt of the draft permit, the Department shall not issue the permit until the objection is resolved;

b. If, based on public comments, the Department revises the draft permit, the Department shall send EPA a copy of the proposed permit. If EPA objects to the proposed permit within 90 days from receipt of the proposed permit, the Department shall not issue the permit until the objection is resolved;

c. If EPA withdraws its objection to the draft or proposed permit or does not submit specific objections within 90 days, the Director shall issue the permit.

D. EPA hearing. Within 90 days of receipt by the Director of a specific objection by EPA, the Director or any interested person may request that EPA hold a public hearing on the objection.

1. If following the public hearing EPA withdraws the objection, the Director shall issue the permit.

2. If a public hearing is not held, and EPA reaffirms the original objection, or modifies the terms of the objection, and the Director does not resubmit a permit revised to meet the EPA objection within 90 days of receipt of the objection, EPA may issue the permit for one term. Following the completion of the permit term, authority to issue the permit reverts to the Department.

3. If a public hearing is held and EPA does not withdraw an objection or modify the terms of the objection, and the Director does not resubmit a permit revised to meet the EPA objection within 30 days of notification of the EPA objection, EPA may issue the permit for one permit term. Following the completion of the permit term, authority to issue the permit reverts to the Department.

4. If EPA issues the permit instead of the Director, the Department shall close the application file.

E. Final permit determination.

1. Individual permits. At the same time the Department notifies a permittee or an applicant of the final individual permit determination, the Department shall send, through regular mail, a notice of the determination to any person who submitted comments or attended a public hearing on the final individual permit determination. The Department shall:

a. Specify the provisions, if any, of the draft individual permit that have been changed in the final individual permit determination, and the reasons for the change; and

b. Briefly describe and respond to all significant comments on the draft individual permit or the permit application raised during the public comment period, or during any hearing.

2. General permits. The Director shall publish a general notice of the final permit determination in the Arizona Administrative Register. The notice shall:

a. Specify the provisions, if any, of the draft general permit that have been changed in the final general permit determination, and the reasons for the change;

b. Briefly describe and respond to all significant comments on the draft general permit raised during the public comment period, or during any hearing; and

c. Specify where a copy of the final general permit may be obtained.

3. The Department shall make the response to comments available to the public.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-A909 Petitions

A. Any person may submit a petition to the Director requesting:

1. The issuance of a general permit;

2. An individual permit covering any discharge into an MS4 under 40 CFR 122.26(f), which is incorporated by reference in R18-9-A905(A)(1)(d); or

3. An individual permit under R18-9-C902(B)(1).

B. The petition shall contain:

1. The name, address, and telephone number of the petitioner;

2. The location of the facility;

3. The exact nature of the petition, and

4. Evidence of the validity of the petition.

C. The Department shall provide the permittee with a copy of the petition.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Article 2 AQUIFER PROTECTION PERMITS - INDIVIDUAL PERMITS

Part B BADCT FOR SEWAGE TREATMENT FACILITIES

Ariz. Admin. Code § R18-9-B201 General Considerations And Prohibitions

A. Applicability. The requirements in this Article apply to all sewage treatment facilities, including expansions of existing sewage treatment facilities, that treat wastewater containing sewage, unless the discharge is authorized by a general permit under Article 3 of this Chapter.

B. The Director may specify alert levels, discharge limitations, design specifications, and operation and maintenance requirements in the permit that are based upon information provided by the applicant and that meet the requirements under A.R.S. § 49-243(B)(1).

C. The permittee shall ensure that a sewage treatment facility is operated by a person certified under 18 A.A.C. 5, Article 1, for the grade of the facility.

D. Operation and maintenance.

1. The owner or operator shall maintain, at the sewage treatment facility, an operation and maintenance manual for the facility and shall update the manual as needed.

2. The owner or operator shall use the operation and maintenance manual to guide facility operations to ensure compliance with the terms of the Aquifer Protection Permit and to prevent any environmental nuisance described under A.R.S. § 49-141(A).

3. The Director may specify adherence to any operation or maintenance requirement as an Aquifer Protection Permit condition to ensure that the terms of the Aquifer Protection Permit are met.

4. The owner or operator shall make the operation and maintenance manual available to the Department upon request.

E. A person shall not create or maintain a connection between any part of a sewage treatment facility and a potable water supply so that sewage or wastewater contaminates a potable or public water supply. A person may only create and maintain a connection between sewage treatment facilities, advanced water treatment facilities, and a potable water supply under an Advanced Water Purification permit issued pursuant to Article 8 of this Chapter.

F. A person shall not bypass or release sewage or partially treated sewage that has not completed the treatment process from a sewage treatment facility.

G. Reclaimed water dispensed to a direct reuse site from a sewage treatment facility is regulated under Reclaimed Water Quality Standards in 18 A.A.C. 11, Article 3.

H. The preparation, transport, or land application of any biosolids generated by a sewage treatment facility is regulated under 18 A.A.C. 9, Article 10.

I. The owner or operator of a sewage treatment facility that is a new facility or undergoing a major modification shall provide setbacks established in the following table. Setbacks are measured from the noise or odor-producing treatment and disposal components within the sewage treatment facility to the nearest property line of an adjacent dwelling, workplace, or private property. If an owner or operator cannot meet a setback for a facility undergoing a major modification that incorporates full noise, odor, and aesthetic controls, the owner or operator shall not further encroach into setback distances existing before the major modification except as allowed in subsection (I)(2).

| | Minimum Setback Distance (feet) | | | --- | --- | --- | | Sewage Treatment Facility Design Flow (gallons per day) | No Noise, Odor, or Aesthetic Controls | Full Noise, Odor, and Aesthetic Controls | | 3000 to less than 24,000 | 250 | 25 | | 24,000 to less than 100,000 | 350 | 50 | | 100,000 to less than 500,000 | 500 | 100 | | 500,000 to less than 1,000,000 | 750 | 250 | | 1,000,000 or greater | 1000 | 350 |

1. Full noise, odor, and aesthetic controls means that:

a. Noise due to the sewage treatment facility does not exceed 50 decibels at the facility property boundary on the A network of a sound level meter or a level established in a local noise ordinance,

b. All odor-producing components of the sewage treatment facility are fully enclosed,

c. Odor scrubbers or other odor-control devices are installed on all vents, and

d. Fencing aesthetically matched to the area surrounding the facility.

2. The owner or operator of a sewage treatment facility undergoing a major modification may decrease setbacks if:

a. Allowed by local ordinance; or

b. Setback waivers are obtained from affected property owners in which the property owner acknowledges awareness of the established setbacks, basic design of the sewage treatment facility, and the potential for noise and odor.

J. The owner or operator of a sewage treatment facility shall not operate the facility so that it emits an offensive odor on a persistent basis beyond the setback distances specified in subsection (I).

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025. Amended by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B202 Design Report

A. A person applying for an individual permit shall submit a design report signed, dated, and sealed by an Arizona-registered professional engineer. The design report shall include the following information:

Wastewater characterization, including quantity, quality, seasonality, and impact of increased flows as the facility reaches design flow;

2. The proposed method of disposal, including solids management;

3. A description of the treatment unit processes and containment structures, including diagrams and calculations that demonstrate that the design meets BADCT requirements and will achieve treatment levels specified in R18-9-B204 through R18-9-B206, as applicable, for all flow conditions indicated in subsection (A)(9). If soil aquifer treatment or other aspects of site conditions are used to meet BADCT requirements, the applicant shall document performance of the site in the design report or the hydrogeologic report;

4. A description of planned normal operation;

5. A description of key maintenance activities and a description of contingency and emergency operation for the facility;

6. A description of construction management controls;

7. A description of the facility startup plan, including pre-operational testing, expected treated wastewater characteristics and monitoring requirements during startup, expected time-frame for meeting performance requirements specified in R18-9-B204, and any other special startup condition that may merit consideration in the individual permit;

8. A site diagram depicting compliance with the setback requirements established in R18-9-B201(I) for the facility at design flow, and for each phase if the applicant proposes expansion of the facility in phases;

9. The following flow information in gallons per day for the proposed sewage treatment facility. If the application proposes expansion of the facility in phases, the following flow information for each phase:

a. The design flow of the sewage treatment facility. The design flow is the average daily flow over a calendar year calculated as the sum of all influent flows to the facility based on Table 1, Unit Design Flows, unless a different basis for determining influent flows is approved by the Department;

b. The maximum day. The maximum day is the greatest daily total flow that occurs over a 24-hour period within an annual cycle of flow variations;

c. The maximum month. The maximum month is the average daily flow of the month with the greatest total flow within the annual cycle of flow variations;

d. The peak hour. The peak hour is the greatest total flow during one hour, expressed in gallons per day, within the annual cycle of flow variations;

e. The minimum day. The minimum day is the least daily total flow that occurs over a 24-hour period within the annual cycle of flow variations;

f. The minimum month. The minimum month is the average daily flow of the month with the least total flow within the annual cycle of flow variations; and

g. The minimum hour. The minimum hour is the least total flow during one hour, expressed in gallons per day, within the annual cycle of flow variations; and

10. Specifications for pipe, standby power source, and water and sewer line separation.

B. The Department may inspect an applicant's facility without notice to ensure that construction conforms to the design report.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-B203 Engineering Plans and Specifications

A. A person applying for an individual permit for a sewage treatment facility with a design flow under one million gallons per day, shall submit engineering plans and specifications to the Department. The Director may waive this requirement if the Director previously approved engineering plans and specifications submitted by the same owner or operator for a sewage treatment facility with a design flow of more than one million gallons per day.

B. A person applying for an individual permit for a sewage treatment facility with a design flow of one million gallons per day or greater shall submit engineering plans and specifications if, upon review of the design report required in R18-9-B202, the Department finds that:

1. The design report fails to provide sufficient detail to determine adequacy of the proposed sewage treatment facility design;

2. The described design is innovative and does not reflect treatment technologies generally accepted within the industry;

The Department's calculations of removal efficiencies based on the design report show that the treatment facility cannot achieve treatment performance requirements;

4. The design report does not demonstrate:

a. Protection from physical damage due to a 100-year flood,

b. Ability to continuously operate during a 25-year flood, or

c. Provision for a standby power source;

5. The design report shows inconsistency in sizing or compatibility between two or more unit process components of the sewage treatment facility;

6. The designer of the facility has:

a. Designed a sewage treatment facility of at least a similar size on less than three previous occasions,

b. Designed a sewage treatment facility that has been the subject of a Director enforcement action due to the facility design, or

c. Been found by the Board of Technical Registration to have violated a provision in A.R.S. Title 32, Chapter 1;

7. The permittee seeks to expand its sewage treatment facility and the Department believes that the facility will require upgrades to the design not described and evaluated in the design report to meet the treatment performance requirements; or

8. The construction does not conform to the design report if the sewage treatment facility has already been constructed.

C. The Department shall review engineering plans and specifications upon request by an applicant seeking a permit for a sewage treatment facility, regardless of its flow.

D. The Department may inspect an applicant's facility without notice to ensure that construction generally conforms to engineering plans and specifications, as applicable.

E. Before discharging under a permit, the permittee shall submit an Engineer's Certificate of Completion signed, dated, and sealed by an Arizona-registered professional engineer in a format approved by the Department, that confirms that the facility is constructed according to the Department-approved design report or plans and specifications, as applicable.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-B204 Treatment Performance Requirements for a New Facility

A. Definition. "Week" means a seven-day period starting on Sunday and ending on the following Saturday.

B. An owner or operator of a new sewage treatment facility shall ensure that the facility meets the following performance requirements upon release of the treated wastewater at the outfall:

1. Secondary treatment levels.

a. Five-day biochemical oxygen demand (BOD₅) less than 30 mg/l (30-day average) and 45 mg/l (seven-day average), or carbonaceous biochemical oxygen demand (CBOD₅) less than 25 mg/l (30-day average) or 40 mg/l (seven-day average);

b. Total suspended solids (TSS) less than 30 mg/l (30-day average) and 45 mg/l (seven-day average);

c. pH maintained between 6.0 and 9.0 standard units; and

d. A removal efficiency of 85 percent for BOD_5, CBOD_5, and TSS;

2. Secondary treatment by waste stabilization ponds is not considered BADCT unless an applicant demonstrates to the Department that site-specific hydrologic and geologic characteristics and other environmental factors are sufficient to justify secondary treatment by waste stabilization ponds;

3. Total nitrogen in the treated wastewater is less than 10 mg/l (five-month rolling geometric mean). If an applicant demonstrates, using appropriate monitoring that soil aquifer treatment will produce a total nitrogen concentration less than 10 mg/l in wastewater that percolates to groundwater, the Department may approve soil aquifer treatment for removal of total nitrogen as an alternative to meeting the performance requirement of 10 mg/l at the outfall;

4. Pathogen removal.

a. For a sewage treatment facility with a design flow of less than 250,000 gallons per day at a site where the depth to the seasonally high groundwater table is greater than 20 feet and there is no karstic or fractured bedrock at the surface:

i. The concentration of fecal coliform organisms in four of the wastewater samples collected during the week is less than 200 cfu/100 ml or the concentration of E. coli bacteria in four of the wastewater samples collected during the week is less than 126 cfu/100 ml, based on a sampling frequency of seven daily samples per week;

ii. The single sample maximum concentration of fecal coliform organisms in a wastewater sample is not greater than 800 cfu/100 ml or the single sample maximum concentration of E. coli bacteria in a wastewater sample is not greater than 504 cfu/100 ml; and

iii. An owner or operator of a facility may request a reduction in the monitoring frequency required in subsection (B)(4)(a)(i) if equipment is installed to continuously monitor an alternative indicator parameter and the owner or operator demonstrates that the continuous monitoring will ensure reliable production of wastewater that meets the numeric concentration levels in subsections (B)(4)(a)(i) and (ii) at the discharge point;

b. For any other sewage treatment facility:

i. No fecal coliform organisms or no E. coli bacteria are detected in four of the wastewater samples collected during the week, based on a sampling frequency of seven daily samples per week;

ii. The single sample maximum concentration of fecal coliform organisms in a wastewater sample is not greater than 23 cfu/100 ml or the single sample maximum concentration of E. coli is not greater than 15 cfu/100 ml;

iii. An owner or operator may request a reduction in the monitoring frequency required in subsection (B)(4)(b)(i) if equipment is installed to continuously monitor an alternative indicator parameter and the owner or operator demonstrates that the continuous monitoring will ensure reliable production of wastewater that meets the numeric concentration levels in subsections (B)(4)(b)(i) or (ii) at the discharge point;

c. An owner or operator may use unit treatment processes, such as chlorination-dechlorination, ultraviolet, and ozone to achieve the pathogen removal performance requirements specified in subsections (B)(4)(a) and (b);

d. The Department may approve soil aquifer treatment for the removal of fecal coliform or E. coli bacteria as an alternative to meeting the performance requirement in subsection (B)(4)(a) or (b), if the soil aquifer treatment process will produce a fecal coliform or E. coli bacteria concentration less than that required under subsection (B)(4)(a) or (b), in wastewater that percolates to groundwater;

5. Unless governed by A.R.S. § 49-243(I), the performance requirement for each constituent regulated under R18-11-406(B) through (E) is the numeric Aquifer Water Quality Standard;

6. The performance requirement for a constituent regulated under A.R.S. § 49-243(I) is removal to the greatest extent practical regardless of cost.

a. An operator shall minimize trihalomethane compounds generated as disinfection byproducts using chlorination, dechlorination, ultraviolet, or ozone as the disinfection system or using a technology demonstrated to have equivalent or better performance for removing or preventing trihalomethane compounds.

b. For other pollutants regulated by A.R.S. § 49-243(I), an operator shall use one of the following methods to achieve industrial pretreatment:

i. Regulate industrial sources of influent to the sewage treatment facility by setting limits on pollutant concentrations, monitoring for pollutants, and enforcing the limits to reduce, eliminate, or alter the nature of a pollutant before release into a sewage collection system;

ii. Meet the pretreatment requirements of A.R.S. § 49-255.02; or

iii. For sewage treatment facilities without significant industrial input, conduct periodic monitoring to detect industrial discharge; and

7. A maximum seepage rate less than 550 gallons per day per acre for all containment structures within the treatment works. A sewage treatment facility that consists solely of containment structures with no other form of discharge complies with Article 2 Part B by operating below the maximum 550 gallon per day per acre seepage rate.

C. The Director shall incorporate treated wastewater discharge limitations and associated monitoring specified in this Section into the individual permit to ensure compliance with the BADCT requirements.

D. An applicant shall formally request in writing and justify an alternative that allows less stringent performance than that established in this Section, based on the criteria specified in A.R.S. § 49-243(B)(1).

E. If the request specified in subsection (D) involves treatment or disposal works that are a demonstration, experimental, or pilot project, the Director may issue an individual permit that places greater reliance on monitoring to ensure operational capability.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-B205 Treatment Performance Requirements for an Existing Facility

For a sewage treatment facility that is an existing facility defined in A.R.S. § 49-201(18), the BADCT shall conform with the following:

1. The designer shall identify one or more design improvements that brings the facility closer to or within the treatment performance requirements specified in R18-9-B204, considering the factors listed in A.R.S. § 49-243(B)(1)(a) and (B)(1)(c) through (h);

2. The designer may eliminate from consideration alternatives identified in subsection (1) that are more expensive than the number of gallons of design flow times $1.00 per gallon; and

3. The designer shall select a design that incorporates one or more of the considered alternatives by giving preference to measures that will provide the greatest improvement toward meeting the treatment performance requirements specified in R18-9-B204.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-B206 Treatment Performance Requirements for Expansion of a Facility

For an expansion of a sewage treatment facility, the BADCT shall conform with the following:

New facility BADCT requirements in R18-9-B204 apply to the following expansions:

a. An increase in design flow by an amount equal to or greater than the increases specified in R18-9-A211(B)(2)(b); or

b. An addition of a physically separate process or major piece of production equipment, building, or structure that causes a separate discharge to the extent that the treatment performance requirements for the pollutants addressed in R18-9-B204 can practicably be achieved by the addition.

2. BADCT requirements for existing facilities established in R18-9-B205 apply to an expansion not covered under subsection (1).

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended to correct a manifest typographical error in subsection (1) (Supp. 01-1). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Article 3 AQUIFER PROTECTION PERMITS - GENERAL PERMITS

Part B TYPE 1 GENERAL PERMITS

Ariz. Admin. Code § R18-9-B301 Type 1 General Permit

A. A 1.01 General Permit allows any discharge of wash water from a sand and gravel operation, placer mining operation, or other similar activity, including construction, foundation, and underground dewatering, if only physical processes are employed and only hazardous substances at naturally occurring concentrations in the sand, gravel, or other rock material are present in the discharge.

B. A 1.02 General Permit allows any discharge from hydrostatic tests of a drinking water distribution system and pipelines not previously used, if all the following conditions are met:

1. The quality of the water used for the test does not exceed an Aquifer Water Quality Standard or for non-drinking water pipelines, if reclaimed water is used, the reclaimed water meets Class A+ Reclaimed Water Quality Standards under A.A.C. R18-11-303 or Class B+ Reclaimed Water Quality Standards under A.A.C. R18-11-305;

2. The discharge is not to a water of the United States, unless the discharge is under an AZPDES permit; and

3. The test site is restored to its natural grade.

C. A 1.03 General Permit allows any discharge from hydrostatic tests of a pipeline, tank, or appurtenance previously used for transmission of fluid, other than those previously used for drinking water distribution systems, if all the following conditions are met:

1. All liquid discharge is contained in an impoundment lined with flexible geomembrane. The liquid is evaporated or removed from the impoundment and taken to a treatment works or landfill authorized to accept the material within:

a. 60 days of the hydrostatic test if the liner is 10 mils, or

b. 180 days of the hydrostatic test if the liner is 30 mils or greater;

2. The liner is placed over a layer, at least 3 inches thick, of well-sorted sand or finer grained material, or over an underliner that provides protection equal to or better than sand or finer grained material and the calculated seepage is less than 550 gallons per acre per day;

3. The liner is removed and disposed of at an approved landfill unless the liner can be reused at another test location without a reduction in integrity;

4. The test site is restored to its natural grade; and

5. If the test waters are removed using a method not specified in subsection (C)(1), including a discharge under an AZPDES permit, the test waters meet Aquifer Water Quality Standards and the specific method is approved by the Department before the discharge.

D. A 1.04 General Permit allows any discharge from a facility that, for water quality sampling, hydrologic parameter testing, well development, redevelopment, or potable water system maintenance and repair purposes, receives water, drilling fluids, or drill cuttings from a well if the discharge is to the same aquifer in approximately the same location from which the water supply was originally withdrawn, or the discharge is under an AZPDES permit.

E. A 1.05 General Permit allows a discharge to an injection well, surface impoundment, and leach line only if the discharge is filter backwash from a potable water treatment system, condensate from a refrigeration unit, overflows from an evaporative cooler, heat exchange system return water, or swimming pool filter backwash and the discharge is less than 1000 gallons per day. The 1.05 General Permit allows a discharge of those sources to a navigable water if the discharge is authorized by an AZPDES permit.

F. A 1.06 General Permit allows the burial of mining industry off-road motor vehicle waste tires at the mine site in a manner consistent with the cover requirements in R18-13-1203.

G. A 1.07 General Permit allows the operation of dockside facilities and watercraft if the following conditions are met:

1. Docks that service watercraft equipped with toilets provide sanitary facilities at dockside for the disposal of sewage from watercraft toilets. No wastewater from sinks, showers, laundries, baths, or other plumbing fixtures at a dockside facility is discharged into waters of the state;

2. Docks that service watercraft have conveniently located toilet facilities for men and women;

3. No boat, houseboat, or other type of watercraft is equipped with a marine toilet constructed and operated to discharge sewage directly or indirectly into a water of the state, nor is any container of sewage placed, left, discharged, or caused to be placed, left, or discharged in or near any waters of the state by a person;

4. Watercraft with marine toilets constructed to allow sewage to be discharged directly into waters of the state are locked and sealed to prevent usage. Chemical or other type marine toilets with approved storage containers are permitted if dockside disposal facilities are provided; and

5. No bilge water or wastewater from sinks, showers, laundries, baths, or other plumbing fixtures on houseboats or other watercraft is discharged into waters of the state.

H. A 1.08 General Permit allows for any earth pit privy, fixed or transportable chemical toilet, incinerator toilet or privy, or pail or can-type privy if allowed by a county health or environmental department under A.R.S. Title 36 or a delegation agreement under A.R.S. § 49-107.

I. A 1.09 General Permit allows:

1. The operation of:

a. A sewage treatment facility with flows less than 20,000 gallons per day and approved by the Department before January 1, 2001, and

b. An on-site wastewater treatment facility with flows less than 20,000 gallons per day operating before January 1, 2001;

2. The person who owns or operates a facility under subsections (I)(1)(a) or (b) to operate the facility if the following conditions are met:

a. The discharge from the facility does not cause or contribute to a violation of a water quality standard;

b. The owner or operator does not expand the facility to accommodate flows above the design flow or 20,000 gallons per day, whichever is less;

c. The facility only treats typical sewage;

d. The facility does not treat flows from commercial operations using hazardous substances or creating hazardous wastes, as defined in A.R.S. § 49-921(5);

e. The discharge from the facility does not create any environmental nuisance condition listed in A.R.S. § 49-141; or

f. The owner or operator does not alter the treatment or disposal characteristics of the original facility, except as allowed under R18-9-A309(A)(9)(a).

J. A 1.10 General Permit allows the operation of a sewage collection system installed before January 1, 2001 that serves downstream from the point where the daily design flow is 3000 gallons per day or that includes a manhole, force main, or lift station serving more than one dwelling regardless of flow, if:

1. The system complies with the performance standards in R18-9-E301(B) ,

2. No sewage is released from the sewage collection system to the land surface, and

3. The system is not operating under the 2.05 General Permit.

K. A 1.11 General Permit allows the operation of a sewage collection system that serves upstream from the point where the daily design flow is 3000 gallons per day to the building drains, or a single gravity sewer line conveying sewage from a building drain directly to an interceptor, lateral, or manhole, regardless of daily design flow, if all of the following are met:

1. The system does not cause or contribute to an exceedance of a water quality standard established in 18 A.A.C. 11, Articles 1 and 4;

2. No sewage is released from the sewage collection system to the land surface;

3. No environmental nuisance condition listed in A.R.S. § 49-141 is created;

4. The system does not include a manhole, force main, or lift station serving more than one dwelling;

5. Applicable local administrative requirements for review and approval of design and construction are followed;

6. The performance standards specified in R18-9-E301(B) are met using:

a. Local building and construction codes,

b. Relevant design and construction standards specified in R18-9-E301, and

c. Appropriate operation and maintenance;

7. The system flows directly into one of the following downstream facilities:

a. An on-site wastewater treatment facility;

b. A sewage treatment facility operating under an individual permit; or

c. A sewage collection system operating under a 1.10, 2.05, or 4.01 General Permit; and

8. The system is not operating under a 2.05 General Permit.

L. A 1.12 General Permit allows the discharge of wastewater resulting from washing concrete from trucks, pumps, and ancillary equipment to an impoundment if the following conditions are met:

1. The person holds an AZPDES Construction General Permit authorizing the concrete washout activities;

2. The Stormwater Pollution Prevention Plan required by the Construction General Permit issued according to 18 A.A.C. 9, Article 9, Part C, for the construction activity addresses the concrete washout activities;

3. The vegetation at the soil base of the impoundment is cleared, grubbed, and compacted to uniform density not less than 95 percent. If the impoundment is located above grade, the berms or dikes are compacted to a uniform density not less than 95 percent;

4. If groundwater is less than 20 feet below land surface, the impoundment is lined with a synthetic liner at least 30 mils thick;

5. The impoundment is located at least 50 feet from any storm drain inlet, open drainage facility, or watercourse and 100 feet from any water supply well;

6. The impoundment is designed and operated to maintain adequate freeboard to prevent overflow or discharge of wastewater;

7. The concrete washout wastewater from any wash pad is routed to the impoundment;

8. The impoundment receives only concrete washout wastewater;

9. The annual average daily flow of wastewater to the impoundment is less than 3000 gallons per day; and

10. The following closure requirements are met.

a. The facility is closed by removing and appropriately disposing of any liquids remaining in the impoundment,

b. The area is graded to prevent ponding of water, and

c. Closure activities are completed before filing of the Notice of Termination under the AZPDES Construction General Permit.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). PART C. TYPE 2 GENERAL PERMITS

Article 6 UNDERGROUND INJECTION CONTROL

Part B GENERAL PROGRAM REQUIREMENTS

Ariz. Admin. Code § R18-9-B607 Prohibition of Unauthorized Injection

Any underground injection, except into a well authorized by rule or authorized by permit under the Arizona UIC program, is prohibited. The construction of any well required to have a permit is prohibited until the permit has been issued.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B608 Prohibition of Movement of Fluid into Underground Sources of Drinking Water

A. No owner or operator shall construct, operate, maintain, convert, plug, abandon, or conduct any other injection activity in a manner that allows the movement of fluid containing any contaminant into USDWs, if the presence of that contaminant may cause a violation of any primary drinking water regulation under this Article, as shown in Table 1, or may otherwise adversely affect the health of persons. The applicant for a permit shall have the burden of showing that the requirements of this subsection are met.

B. For Class I, II, III, and VI wells, if any water quality monitoring of an USDW indicates the movement of any contaminant into the USDW, except as authorized under this Article, the Director shall prescribe such additional requirements for construction, corrective action, operation, monitoring, or reporting (including closure of the injection well) as are necessary to prevent such movement. In the case of wells authorized by permit, these additional requirements shall be imposed by modifying the permit in accordance with R18-9-C632 or the permit may be terminated under R18-9-C634 if cause exists, or appropriate enforcement action may be taken if the permit has been violated. In the case of Class V wells authorized by rule see R18-9-I650 through R18-9-I655 in Part I of this Article.

C. For Class V wells, if at any time the Director learns that a Class V well may cause a violation of primary drinking water regulations under this Article, they shall:

1. Require the injector to obtain an individual permit;

2. Order the injector to take such actions (including, where required, closure of the injection well) as may be necessary to prevent the violation; or

3. Take enforcement action.

D. Whenever the Director learns that a Class V well may be otherwise adversely affecting the health of persons, they may prescribe such actions as may be necessary to prevent the adverse effect, including any action authorized under subsection (C) of this Section.

E. Notwithstanding any other provision of this Section, the Director may take emergency action upon receipt of information that a contaminant which is present in or likely to enter a public water system or USDW may present an imminent and substantial endangerment to the health of persons.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B609 Prohibition of Hazardous Waste Injection and Class IV Wells

A. Hazardous Waste Injection.

1. The following are prohibited, except as provided in subsection (B)(3):

a. The construction of any well for the purpose of hazardous waste injection.

b. The operation of any well for the purpose of hazardous waste injection.

2. The owner or operator of a well for the purpose of hazardous waste injection shall close the well in accordance with this subsection.

3. The owner or operator of a well for the purpose of hazardous waste injection shall comply with the following requirements regarding closure of the well.

a. Prior to abandoning any well for the purpose of hazardous waste injection, the owner or operator shall plug or otherwise close the well in a manner acceptable to the Director.

b. The owner or operator of a well for the purpose of hazardous waste injection must notify the Director of intent to abandon the well at least 30 days prior to abandonment.

B. Class IV.

1. The following are prohibited, except as provided in subsection (B)(3) of this Section:

a. The construction of any Class IV well.

b. The operation or maintenance of any Class IV well.

2. The owner or operator of a Class IV well shall comply with the requirements of R18-9-H649 regarding closure of Class IV wells.

3. Wells used to inject contaminated groundwater that has been treated and is being reinjected into the same formation that it was drawn are not prohibited by this Section if such injection is approved by the Administrator or the Director pursuant to subsections (a), (b) or (c) below:

a. Provisions for cleanup of releases under CERCLA, or

b. The requirements and provisions under RCRA, or

c. The requirements and provisions under other applicable state laws for corrective and remedial action.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B610 Waiver of Requirement by Director

A. When injection does not occur into, through, or above an USDW, the Director may authorize a well or project with less stringent requirements for area of review, construction, mechanical integrity, operation, monitoring, and reporting than required under this Article or R18-9-D636 to the extent that reduction in requirements will not result in an increased risk of movement of fluids into an USDW.

B. When injection occurs through or above an USDW, but the radius of endangering influence when computed under R18-9-B612(A) is smaller or equal to the radius of the well, the Director may authorize a well or project with less stringent requirements for operation, monitoring, and reporting than required under R18-9-D636 to the extent that a reduction in requirements will not result in an increased risk of movement of fluids into an USDW.

C. When reducing requirements under this Section, the Director shall prepare a fact sheet under R18-9-C619 explaining the reasons for the action.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B611 Records

The Director may require, by written notice on a selective well-by-well basis, an owner or operator of an injection well to establish and maintain records, make reports, conduct monitoring, and provide other information as is deemed necessary to determine whether the owner or operator has acted or is acting in compliance with this Article and Part C of the SDWA or its implementing regulations.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B612 Area of Review

A. The area of review for each injection well or each field, project or area of the State shall be determined according to this Section. The Director may solicit input from the owners or operators of injection wells within the State as to which method is most appropriate for each geographic area or field.

B. Where the area of review is determined according to the zone of endangering influence:

1. The zone of endangering influence shall be:

a. In the case of application or applications for well permit or permits under R18-9-C616 that area the radius of which is the lateral distance in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an USDW; or

b. In the case of an application for an area permit under R18-9-C624, the project area plus a circumscribing area the width of which is the lateral distance from the perimeter of the project area, in which the pressures in the injection zone may cause the migration of the injection and/or formation fluid into an USDW.

2. Computation of the zone of endangering influence may be based upon the parameters listed in the following equation and should be calculated for an injection time period equal to the expected life of the injection well or pattern. The following modified Theis equation illustrates one form which the mathematical model may take.

Click here to view Image

r = Radius of endangering influence from injection well (length)

K = Hydraulic conductivity of the injection zone (length/time)

H = Thickness of the injection zone (length)

t = Time of injection (time)

S = Storage coefficient (dimensionless)

Q = Injection rate (volume/time)

h_bo = Observed original hydrostatic head of injection zone (length) measured from the base of the lowermost USDW

h_w = Hydrostatic head of USDW (length) measured from the base of the lowest USDW

S_p G_b = Specific gravity of fluid in the injection zone (dimensionless)

[PI] = 3.142 (dimensionless)

The above equation is based on the following assumptions:

1. The injection zone is homogeneous and isotropic;

2. The injection zone has infinite area extent;

3. The injection well penetrates the entire thickness of the injection zone;

The well diameter is infinitesimal compared to "r" when injection time is longer than a few minutes; and

The emplacement of fluid into the injection zone creates instantaneous increase in pressure.

C. Where Fixed Radius is used, the following shall apply:

1. In the case of application of applications for well permit or permits under R18-9-C616 a fixed radius around the well of not less than one-quarter mile may be used.

2. In the case of an application for an area permit under R18-9-C624, a fixed radius width of not less than one-quarter mile for circumscribing area may be used.

3. In determining the fixed radius, the following factors shall be taken into consideration: Chemistry of injected and formation fluids; hydrogeology; population and ground-water use and dependence; and historical practices in the area.

D. If the area of review is determined by a mathematical model according to subsection (B) of this Section, the permissible radius is the result of such calculation even if it is less than one-fourth mile.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B613 Mechanical Integrity

A. An injection well has mechanical integrity if:

1. There is no significant leak in the casing, tubing or packer; and

2. There is no significant fluid movement into an USDW through vertical channels adjacent to the injection well bore.

B. One of the following methods must be used to evaluate the absence of significant leaks under subsection (A)(1) of this Section:

Following an initial pressure test, monitoring of the tubing-casing annulus pressure with sufficient frequency to be representative, as determined by the Director, while maintaining an annulus pressure different from atmospheric pressure measured at the surface;

2. Pressure test with liquid or gas; or

3. Records of monitoring showing the absence of significant changes in the relationship between injection pressure and injection flow rate for the following Class II enhanced recovery wells:

a. Existing wells completed without a packer provided that a pressure test has been performed and the data is available and provided further that one pressure test shall be performed at a time when the well is shut down and if the running of such a test will not cause further loss of significant amounts of oil or gas; or

b. Existing wells constructed without a long string casing, but with surface casing which terminates at the base of fresh water provided that local geological and hydrological features allow such construction and provided further that the annular space shall be visually inspected. For these wells, the Director shall prescribe a monitoring program which will verify the absence of significant fluid movement from the injection zone into an USDW.

C. One of the following methods must be used to determine the absence of significant fluid movement under subsection (A)(2) of this Section:

1. The results of a temperature or noise log;

2. For Class II only, cementing records demonstrating the presence of adequate cement to prevent such migration;

3. For Class III wells where the nature of the casing precludes the use of the logging techniques prescribed at subsection (C)(1) of this Section, cementing records demonstrating the presence of adequate cement to prevent such migration; or

4. For Class III wells where the Director elects to rely on cementing records to demonstrate the absence of significant fluid movement, the monitoring program prescribed by R18-9-G647(B) shall be designed to verify the absence of significant fluid movement.

D. The Director may allow the use of a test to demonstrate mechanical integrity other than those listed in subsections (B) and (C)(2) of this Section with the written approval of the Administrator.

E. In conducting and evaluating the tests enumerated in this Section or others to be allowed by the Director, the owner or operator and the Director shall apply methods and standards generally accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the Director, they shall include a description of the test or tests and the method or methods used. In making the evaluation, the Director shall review monitoring and other test data submitted since the previous evaluation.

F. The Director may require additional or alternative tests if the results presented by the owner or operator under subsection (E) of this Section are not satisfactory to the Director to demonstrate that there is no movement of fluid into or between USDWs resulting from the injection activity.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B614 Plugging and Abandoning Class I, II, III, IV, and V Wells

A. Requirements for Class I, II and III wells.

1. Prior to abandoning Class I, II and III wells, the well shall be plugged with cement in a manner which will not allow the movement of fluids either into or between USDWs. The Director may allow Class III wells to use other plugging materials if the Director is satisfied that such materials will prevent movement of fluids into or between USDWs.

Placement of the cement plugs shall be accomplished by one of the following:

a. The Balance method;

b. The Dump Bailer method;

c. The Two-Plug method; or

d. An alternative method approved by the Director, which will reliably provide a comparable level of protection to USDWs.

3. The well to be abandoned shall be in a state of static equilibrium with the mud weight equalized top to bottom, either by circulating the mud in the well at least once or by a comparable method prescribed by the Director, prior to the placement of the cement plug or plugs.

4. The plugging and abandonment plan required under R18-9-D635(15) and R18-9-D636(A)(5) shall, in the case of a Class III project which underlies or is in an aquifer which has been exempted under R18-9-A606, also demonstrate adequate protection of USDWs. The Director shall prescribe aquifer cleanup and monitoring where it is deemed necessary and feasible to insure adequate protection of USDWs.

B. Requirements for Class IV wells. Prior to abandoning a Class IV well, the owner or operator shall close the well in accordance with R18-9-H649.

C. Requirements for Class V wells.

1. Prior to abandoning a Class V well, the owner or operator shall close the well in a manner that prevents the movement of fluid containing any contaminant into an USDW, if the presence of that contaminant may cause a violation of any primary drinking water regulation under Table 1 of this Article or may otherwise adversely affect the health of persons.

2. The owner or operator shall dispose of or otherwise manage any soil, gravel, sludge, liquids, or other materials removed from or adjacent to the well in accordance with all applicable Federal, State, and local regulations and requirements.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-B615 Transitioning from Class II to Class VI Injection Well

A. Owners and operators that are injecting carbon dioxide for the primary purpose of long-term storage into an oil and gas reservoir must apply for and obtain a Class VI geologic sequestration permit when there is an increased risk to the USDWs compared to Class II operations. In determining if there is an increased risk to USDWs, the owner or operator must consider the factors specified in subsection (B) of this Section.

B. The Director shall determine when there is an increased risk to USDWs compared to Class II operations and a Class VI permit is required. In order to make this determination the Director shall consider the following:

1. Increase in reservoir pressure within the injection zone or zones;

Increase in carbon dioxide injection rates;

3. Decrease in reservoir production rates;

4. Distance between the injection zone or zones and USDWs;

5. Suitability of the Class II area of review delineation;

6. Quality of abandoned well plugs within the area of review;

7. The owner's or operator's plan for recovery of carbon dioxide at the cessation of injection;

8. The source and properties of injected carbon dioxide; and

9. Any additional site-specific factors as determined by the Director.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Article 7 USE OF RECYCLED WATER

Part B RECLAIMED WATER

Ariz. Admin. Code § R18-9-B701 Transition of Aquifer Protection Permits and Permits for the Reuse of Reclaimed Wastewater

A. A person may directly reuse reclaimed water under an individual Aquifer Protection Permit or a Permit for the Reuse of Reclaimed Wastewater issued by the Department before January 1, 2001 if the person meets the conditions of the permit and the permit does not expire.

B. A person meeting the requirements of subsection (A) may apply for a new reclaimed water permit under this Article.

1. To obtain a reclaimed water permit, a person shall submit a Recycled Water Individual Permit application, required under R18-9-A703(A), or a Notice of Intent to Use Recycled Water, required under R18-9-A704(B)(2) or R18-9-A704(B)(3), to the Department at least 120 days before the current permit expires.

2. The Department shall continue the terms of the individual Aquifer Protection Permit or the Permit for the Reuse of Reclaimed Wastewater beyond the stated date of expiration if:

a. The permitted direct reuse is of a continuing nature; and

b. The permittee submits a timely and complete application for a new permit.

C. Sewage treatment facility generating reclaimed water.

1. At the request of a permittee holding an individual Aquifer Protection Permit, the Department shall amend an individual Aquifer Protection Permit if the permittee adequately demonstrates that the applicable quality of reclaimed water produced for direct reuse is achieved. The Department shall review:

a. The information in the individual Aquifer Protection Permit, any applicable supporting documentation, and the water quality test results from the previous two years to determine the classification of reclaimed water generated by the sewage treatment facility; and

b. The available water quality data if the sewage treatment facility has operated for less than two years.

2. The Department shall issue an amended individual Aquifer Protection Permit under procedures specified under 18 A.A.C. 9, Article 2 containing:

a. Identification of the class of reclaimed water generated by the facility;

b. Requirements for monitoring reclaimed water quality and flow at a frequency appropriate to demonstrate compliance with this Article and 18 A.A.C. 11, Article 3;

c. Requirements for quarterly reporting of the following data to the Department, any reclaimed water agent who has contracted for delivery of reclaimed water from the facility, and any end user who has not waived interest in receiving this information:

i. Water quality test results demonstrating reclaimed water produced by the facility meets the applicable standards for the class of water identified in subsection (C)(2)(a), and

ii. The total volume of reclaimed water generated for direct reuse.

d. Provision for cessation of delivery, if necessary, and storage or disposal if reclaimed water cannot be delivered for direct reuse.

History

• Former Section R9-20-403 repealed, new Section R9-20-403 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-403 renumbered without change as Section R18-9-703 (Supp. 87-3). Editorial change to labels in subsection (c)(8) (Supp. 89-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-703 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B702 General Requirements for Reclaimed Water

A. Sewage treatment facility. A sewage treatment facility owner or operator shall provide reclaimed water for direct reuse only as authorized under an individual Aquifer Protection Permit.

B. Additional treatment. If an owner or operator of a facility accepts reclaimed water and provides additional treatment for a higher quality direct reuse, the facility is considered a sewage treatment facility and shall provide reclaimed water for direct reuse only as authorized under an individual Aquifer Protection Permit.

C. Reclaimed water blending facility. An owner or operator of a reclaimed water blending facility shall conduct blending operations only as authorized under a Recycled Water Individual Permit or a Type 3 Recycled Water General Permit for a Reclaimed Water Blending Facility.

D. Reclaimed water agent. A person shall operate as a reclaimed water agent only as authorized under a Recycled Water Individual Permit or a Type 3 Recycled Water General Permit for a Reclaimed Water Agent.

E. End user. A person shall not directly reuse reclaimed water unless permitted under this Article.

F. Irrigating with reclaimed water. A permittee applying reclaimed water for an irrigation use allowed in 18 A.A.C. 11, Article 3, Table A shall:

1. Use application methods that reasonably preclude human contact with reclaimed water;

2. Prevent reclaimed water from standing on open access areas during normal periods of use; and

3. Prevent reclaimed water from coming into contact with drinking fountains, water coolers, or eating areas.

4. Secure hose bibbs discharging reclaimed water to prevent use by the public.

G. Hose bibbs. A permittee directly reusing reclaimed water shall secure hose bibbs discharging reclaimed water to prevent use by the public.

H. Prohibited activities.

1. Irrigating with untreated sewage;

2. Providing water for human consumption from a reclaimed water source, except as permitted under Article 8 of this Chapter.

Providing or using reclaimed water for any of the following activities:

a. Direct reuse for swimming, wind surfing, water skiing, or other full-immersion water activity with a potential of ingestion; or

b. Direct reuse for evaporative cooling or misting.

4. Misapplying reclaimed water for any of the following reasons:

a. Application of a stated class of reclaimed water of lesser quality than allowed by this Article for the type of direct reuse application;

b. Application of reclaimed water to any area other than a direct reuse site; or

c. Allowing runoff of reclaimed water or reclaimed water mixed with stormwater from a direct reuse site, except for:

i. Agricultural return flow directed onto an adjacent field or returned to an open water conveyance; or

ii. A discharge authorized by an individual or general NPDES or AZPDES permit.

H. I. Signage and Notification. A permittee shall place and maintain signage at locations and provide applicable notification as specified in Table 1 so the public is informed reclaimed water is in use and no one should drink from the system.

J. Pipeline Conveyances of Reclaimed Water.

1. Applicability. Any person constructing a pipeline conveyance, whether new or a replacement of an existing pipeline, shall meet the requirements of this subsection.

2. A person shall design and construct a pipeline conveyance system using good engineering judgement following standards of practice.

3. A person shall construct a pipeline conveyance so that:

a. Reclaimed water does not find its way into, or otherwise contaminate, a potable water system;

b. System structural integrity is maintained; and

c. The capability for inspection, maintenance, and testing is maintained.

4. A person shall construct a pipeline conveyance and all appurtenances conducting reclaimed water to withstand a static pressure of at least 50 pounds per square inch greater than the design working pressure without leakage as determined in A.A.C. R18-9-E301(D)(2)(j).

5. A person shall provide a pipeline conveyance with thrust blocks or restrained joints where needed to prevent excessive movement of the pipeline.

6. The following requirements for minimum separation distance apply. A person shall:

a. Locate a pipeline conveyance no closer than 50 feet from a drinking water well unless the pipeline conveyance is constructed as specified under subsection (J)(5)(c);

b. Locate a pipeline conveyance no closer than two feet vertically nor six feet horizontally from a potable water pipeline unless the pipeline conveyance is constructed as specified under subsection (J)(5)(c);

c. Construct a pipeline conveyance that does not meet the minimum separation distances specified in subsections (J)(5)(a) and (J)(5)(b) by encasing the pipeline conveyance in at least six inches of concrete or using mechanical joint ductile iron pipe or other materials of equivalent or greater tensile and compressive strength at least 10 feet beyond any point on the pipeline conveyance within the specified minimum separation distance; and

d. If a reclaimed water system is supplemented with water from a potable water system, separate the potable water system from the pipeline conveyance by an air gap.

7. A person shall:

a. For a pipeline conveyance, eight inches in diameter or less, use pipe marked on opposite sides in English: "CAUTION: RECLAIMED WATER, DO NOT DRINK" in intervals of three feet or less and colored purple or wrapped with durable purple tape.

b. For a mechanical appurtenance to a pipeline conveyance, ensure the mechanical appurtenance is colored purple or legibly marked to identify it as part of the reclaimed water distribution system and distinguish it from systems for potable water distribution and sewage collection.

K. Open Water Conveyances of Reclaimed Water.

1. This subsection applies to an open water conveyance, regardless of the date of construction.

2. A person shall maintain an open water conveyance to prevent release of reclaimed water except as allowed under federal and state regulations. The maintenance program shall include periodic inspections and follow-up corrective measures to ensure the integrity of conveyance banks and capacity of the conveyance to safely carry operational flows.

3. Signage for Class B+, B, and C Reclaimed Water. A person shall:

a. Ensure signs state: "CAUTION: RECLAIMED WATER, DO NOT DRINK," and display the international "do not drink" symbol;

b. Place signs at all points of ingress and, if the open water conveyance is operated with open access, at least every 1/4-mile along the length of the open water conveyance or other interval as approved in writing by the Department; and

c. Ensure signs are visible and legible from both sides of the open water conveyance.

History

• Former Section R9-20-404 repealed, new Section R9-20-404 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-404 renumbered without change as Section R18-9-704 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended by final rulemaking at 22 A.A.R. 1696, effective 8/12/2016. Amended and renumbered from R18-9-704 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018. Amended by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B703 General Provisions for Recycled Water Individual Permit for Reclaimed Water

A. A Recycled Water Individual Permit for Reclaimed Water is obtained under R18-9-A703 . A Recycled Water Individual Permit for Reclaimed Water:

1. Is valid for five years;

2. Must be updated as prescribed by R18-9-A705; and

3. Continues, pending the issuance of a new permit, with the same terms following its expiration if the following are met:

a. The permittee submits an application for a new permit at least 60 days before the expiration of the existing permit; and

b. The permitted activity is of a continuing nature.

B. A Recycled Water Individual Permit for Reclaimed Water shall contain, if applicable:

1. The class of reclaimed water to be applied for direct reuse or the alternative water quality criteria appropriate for a direct reuse type not listed in 18 A.A.C. 11, Article 3, Table A that ADEQ may allow under R18-11-309;

2. Specific types of direct reuse and any limitations on reuse;

Requirements for monitoring reclaimed water quality and flow to demonstrate compliance with this Article and 18 A.A.C. 11, Article 3;

4. Requirements for reporting the following data to demonstrate compliance with this Article and 18 A.A.C. 11, Article 3:

a. Water quality test results demonstrating the reclaimed water meets the applicable standards for the class of water or the alternative water quality criteria identified in subsection (B)(1), and

b. The total volume of reclaimed water generated for direct reuse.

5. Requirements for maintaining records of all monitoring information and monitoring activities include:

a. The date, description of sampling location, and time of sampling or measurement;

b. The name of the person who performed the sampling or measurement;

c. The date the analyses were performed;

d. The name of the person who performed the analyses;

e. The analytical techniques or methods used;

f. The results of the analyses; and

g. Documentation of sampling technique, sample preservation, and transportation, including chain-of-custody forms.

6. Requirements to retain all monitoring activity records and results, including all data for continuous monitoring instrumentation, and calibration and maintenance records for five years from the date of sampling or analysis. The Director shall extend the five-year retention period:

a. During the course of an unresolved litigation regarding compliance with the permit conditions, or

b. For any other justifiable cause.

7. A requirement to allow all end users access to the records of physical, chemical, and biological quality of the reclaimed water.

8. Signage or other notification requirements appropriate to the use; and

Closure requirements, if applicable.

C. Permit transfer. A permittee may transfer a Reclaimed Water Individual Permit to another person if the following conditions are met:

1. The permittee notifies the Director of the proposed transfer.

2. The permittee submits a written agreement containing a specific date for the transfer of permit responsibility and coverage between the current permittee and the proposed new permittee, including an acknowledgment that the existing permittee is liable for violations up to the date of transfer and that the proposed new permittee will be liable for violations from that date forward.

3. The notice specified in subsection (C)(1) contains any information for the proposed new permittee that is changed from the information submitted under R18-9-705(B) .

4. The Director, within 30 days of receiving a transfer notice from the permittee, does not notify both the current permittee and proposed new permittee of the intent to amend, revoke, or reissue the permit or require the proposed new permittee to file an application for a new permit rather than agreeing to transfer the current permit.

History

• Former Section R9-20-406 repealed, new Section R9-20-406 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-406 renumbered without change as Section R18-9-706 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-706 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B704 Type 2 Recycled Water General Permit for Direct Reuse of Class A+ Reclaimed Water

A. A Type 2 Recycled Water General Permit for Direct Reuse of Class A+ Reclaimed Water allows any direct reuse application of reclaimed water listed in 18 A.A.C. 11, Article 3, Table A, if the conditions in this Article are met.

B. Record maintenance. A permittee shall maintain records for five years describing the direct reuse site and the total amount of reclaimed water used annually for the permitted direct reuse activity. The records shall be made available to the Department upon request.

C. A permittee shall post signs or provide notification or both as specified in R18-9-B702(I).

D. No lining is required for an impoundment storing Class A+ reclaimed water.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-712 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B705 Type 2 Recycled Water General Permit for Direct Reuse of Class A Reclaimed Water

A. A Type 2 Recycled Water General Permit for the Direct Reuse of Class A Reclaimed Water allows any direct reuse application of reclaimed water listed in 18 A.A.C. 11, Article 3, Table A, if the conditions in this Article are met.

B. Records and reporting. A permittee shall:

1. Maintain records containing the following information for five years, and make them available to the Department upon request:

a. The direct reuse site,

b. The volume of reclaimed water applied monthly for each category of direct reuse activity listed in 18 A.A.C. 11, Article 3, Table A,

c. The total nitrogen concentration of the reclaimed water applied, and

d. The acreage and type of vegetation to which the reclaimed water is applied.

2. Report annually to the Department on or before the anniversary date of the Notice of Intent to Use Recycled Water:

a. The volume of reclaimed water received,

b. The type of reclaimed water application, and

c. If used for irrigation, the vegetation and acreage irrigated.

C. Nitrogen management. A permittee shall ensure:

1. Impoundments storing reclaimed water allowed by the general permit are lined using a low-hydraulic conductivity artificial or site-specific liner material achieving a calculated discharge rate less than 550 gallons per acre per day; and

2. The application rates of the reclaimed water are based on one of the following:

a. If assigned, the water allotment specified by the Arizona Department of Water Resources;

b. A water balance that considers consumptive use of water by the crop, turf, or landscape vegetation; or

c. An alternative method approved by the Department.

D. In addition to the Notice of Intent to Use Recycled Water specified in R18-9-A704(B)(2), the applicant shall provide a list of impoundments, water depth, freeboard, and the liner characteristics and the method chosen from the list in subsection (C)(2).

E. The permittee shall post signs or provide notification, or both, as specified in R18-9-B702(I).

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-713 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B706 Type 2 Recycled Water General Permit for Direct Reuse of Class B+ Reclaimed Water

A. A Type 2 Recycled Water General Permit for Direct Reuse of Class B+ Reclaimed Water allows any direct reuse application of Class B and Class C reclaimed water listed in 18 A.A.C. 11, Article 3, Table A, if the conditions in this Article are met.

B. A permittee shall comply with the record maintenance and posting requirements established under R18-9-B704 and make records available to the Department upon request.

C. No lining is required for an impoundment storing Class B+ reclaimed water.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-714 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B707 Type 2 Recycled Water General Permit for Direct Reuse of Class B Reclaimed Water

A. A Type 2 Recycled Water General Permit for the Direct Reuse of Class B Reclaimed Water allows the direct reuse application of Class B and Class C reclaimed water listed in 18 A.A.C. 11, Article 3, Table A, if conditions in this Article are met.

B. A permittee shall comply with the requirements established under R18-9-B705(B), (C), (D), and (E).

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-715 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B708 Type 2 Recycled Water General Permit for Direct Reuse of Class C Reclaimed Water

A. A Type 2 Recycled Water General Permit for the Direct Reuse of Class C Reclaimed Water allows the direct reuse application of Class C reclaimed water listed in 18 A.A.C. 11, Article 3, Table A, if conditions in this Article are met.

B. A permittee shall comply with the requirements established under R18-9-B705(B), (C), (D), and (E).

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-716 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B709 Type 3 Recycled Water General Permit for a Reclaimed Water Blending Facility

A. Permit conditions.

1. A Type 3 Recycled Water General Permit for a Reclaimed Water Blending Facility allows the blending of reclaimed water with other water, if the conditions in this Article are met.

2. Blending reclaimed water with industrial wastewater or with reclaimed water from an industrial wastewater treatment plant is not authorized by this general permit.

B. A person shall file with the Department a Notice of Intent to Operate a reclaimed water blending facility on a form provided by the Department. The Notice of Intent to Operate shall include:

1. The name, address, e-mail address, and telephone number of the applicant;

2. The social security number of the applicant, if the applicant is an individual;

3. 2. The name, address, e-mail address, and telephone number of a contact person;

4. 3. The source and volume of reclaimed water to be blended;

5. 4. The class of reclaimed water to be blended;

6. 5. The source, volume, and quality of other water to be blended;

7. 6. The latitude and longitude coordinates of the blending facility;

8. 7. A description of the reclaimed water blending facility, including a demonstration the proposed blending methodology will meet the standards established in 18 A.A.C. 11, Article 3 for the class of reclaimed water the facility will produce;

9. 8. The applicant's certification that the applicant agrees to comply with the requirements of this Article, 18 A.A.C. 11, Article 3, and the terms of this recycled water general permit; and

10.9. The applicable permit fee specified under 18 A.A.C. 14.

C. A person shall not operate a reclaimed water blending facility until the Department issues a written Recycled Water Authorization under R18-9-A704(C).

D. A permittee shall monitor:

1. The blended water quality for total nitrogen and fecal coliform at frequencies specified by the class of reclaimed water in 18 A.A.C. 11, Article 3.

a. If the concentration in the blended water of either total nitrogen or fecal coliform, as applicable, exceeds the limits for the applicable reclaimed water class established in 18 A.A.C. 11, Article 3, within 30 days of the exceedance, the permittee shall submit a plan to the Department to change the blending process or to otherwise correct the deficiency. The permittee shall also double the monitoring frequency for the next four months.

b. If another exceedance occurs within the interval of increased monitoring, the permittee shall submit an application within 45 days for a Recycled Water Individual Permit for Reclaimed Water.

2. The volume of reclaimed water, the volume of the other water, and the total volume of blended water delivered for direct reuse on a monthly basis.

E. The permittee shall report the results of the monitoring under subsection (D) to the Department by January 31, for the immediately preceding calendar year, and shall make this information available to the end users.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-717 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-B710 Type 3 Recycled Water General Permit for a Reclaimed Water Agent

A. A Type 3 Recycled Water General Permit for a Reclaimed Water Agent allows a person to operate as a Reclaimed Water Agent if the conditions of this Article are met, and the following conditions are met for the class of reclaimed water delivered by the Reclaimed Water Agent:

1. Signage and notification requirements specified under R18-9-B702(I), as applicable;

2. Impoundment liner requirements specified under R18-9-B704(D), R18-9-B705(C), R18-9-B706(C), R18-9-B707(B) or R18-9-B708(B), as applicable; and

3. Nitrogen management requirements specified under R18-9-B705(C), R18-9-B707(B), and R18-9-B708(B), as applicable.

B. A person holding a Type 3 Recycled Water Permit for a Reclaimed Water Agent:

1. Is responsible for the direct reuse of reclaimed water by more than one end user instead of direct reuse by the end users under separate Type 2 Recycled Water General Permits, and

2. Shall maintain a contractual agreement with each end user stipulating any end user responsibilities for the requirements specified under subsection (A).

C. A person shall file with the Department a Notice of Intent to Operate as a reclaimed water agent. The Notice of Intent to Operate shall include:

1. The name, address, e-mail address, and telephone number of the applicant;

2. The social security number of the applicant, if the applicant is an individual;

3. 2. The name, address, e-mail address, and telephone number of a contact person;

4. 3. The following information for each end user to be supplied reclaimed water by the applicant:

a. The name, address, e-mail address, and telephone number of the end user;

b. A system map showing the locations of the direct reuse sites and the latitude and longitude coordinates of each site; and

c. A description of each direct reuse activity, including the type of vegetation, acreage, and annual volume of reclaimed water to be used, unless Class A+ or Class B+ reclaimed water is delivered.

5. 4. The source, class, and annual volume of reclaimed water to be delivered by the applicant;

6. 5. A description of the contractual arrangement between the applicant and each end user, including any end user responsibilities for the requirements specified under subsection (A); and

7. 6. The applicable permit fee specified under 18 A.A.C. 14.

D. A proposed reclaimed water agent shall not distribute reclaimed water to end users until the Department issues a written Recycled Water Authorization under R18-9-A704(C).

E. A reclaimed water agent shall record and annually report the following information to the Department by January 31, for the immediately preceding year:

1. The total volume of reclaimed water delivered by the reclaimed water agent;

2. The volume of reclaimed water delivered to each end user for Class A, Class B, and Class C reclaimed water; and

3. Any change in the information submitted under subsection (C).

F. The reclaimed water agent shall notify the Department before the end of each calendar year of any changes in the information submitted under subsection (C).

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-718 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Article 8 ADVANCED WATER PURIFICATION

Part B GENERAL PROGRAM REQUIREMENTS

Ariz. Admin. Code § R18-9-B804 Advanced Water Purification Operator Certification

A. Definitions. In addition to the definitions for this Article, the following terms apply to this section:

1. "Advanced Water Purification Responsible Agency administrator" or "AWPRA administrator" means an individual appointed or authorized to exercise managerial control over a designated AWP project.

2. "Advanced Water Purification certified operator" or "AWP operator" means an individual who has passed the AWP validated examination, meets the advanced water treatment qualifying experience requirements of this section, and holds a current certificate, issued by the Department, in either:

a. The field of drinking water treatment with at least a Grade 3 or Grade 4 drinking water treatment certification; or

b. The field of wastewater treatment with at least a Grade 3 or Grade 4 wastewater treatment certification.

"Advanced water treatment qualifying experience" means at least one year of hands-on experience in the operation of a minimum of three advanced water treatment processes, all within a single advanced water treatment train.

4. "AWP validated examination" means an examination that is approved by the Department after being reviewed to ensure that the examination is based on the knowledge, skills, and abilities needed to operate an AWTF.

5. "Direct responsible charge" means an AWP operator who has overall responsibility for the day-to-day, hands-on operation of an AWTF.

6. "Direct responsible charge proxy" or "proxy" means an AWP shift operator who is designated by, and acts on behalf of, the operator in direct responsible charge when the operator in direct responsible charge is not onsite.

7. "AWPRA facility" or "facility" means a drinking water treatment facility, AWTF, collection system, or wastewater treatment plant involved in the production of advanced treated water.

8. "Onsite" means physically present at any AWPRA facility where a critical control point is operated and any AWPRA facility assigned treatment credits.

9. "Professional development hour" means one hour of participation in an organized educational activity related to engineering, biological or chemical sciences, a closely related technical or scientific discipline, or operations management.

10. "Qualifying experience" means experience, skill, or knowledge obtained through employment that is applicable to the technical or operational control of all or part of a facility (A.A.C. R18-5-101).

11. "Shift operator" means an AWP operator who is in direct charge of the operation of a treatment facility for a specified period of the day and must be present at the site during the duration of the shift.

12. "Shift" means an eight-hour period of time in one day.

B. Applicability. The rules in this subsection apply to owners and operators of AWPRA facilities in Arizona.

C. Certification Committee.

1. Upon the effective date of this rule, the Director shall establish a certification committee which may, at the Department's request, make recommendations and provide the Department with technical advice and assistance related to the AWP operator certification.

2. The AWP operator certification committee shall consist of eleven members, appointed by the Director as follows:

a. An employee of the Department who shall serve as the executive secretary and who is responsible for maintaining records of all meetings,

b. A currently employed operator with both Grade 4 water treatment certification and AWP operator certification,

c. A currently employed operator with both Grade 3 water treatment certification and AWP operator certification,

d. A currently employed operator with both Grade 4 wastewater treatment certification and AWP operator certification,

e. A currently employed operator with both Grade 3 wastewater treatment certification and AWP operator certification,

f. A currently employed wastewater collection system operator with Grade 4 certification,

g. A currently employed water distribution system operator with Grade 4 certification,

h. A faculty member teaching environmental engineering in the water or wastewater fields at an Arizona university or community college,

i. A professional engineer, registered and residing in Arizona, engaged in consulting in the field of environmental engineering,

j. An elected or appointed municipal official,

k. A representative of a wastewater treatment facility with a design flow of greater than 5 million gallons per day (MGD) and which participates in the National Pretreatment Program, and

l. A representative of a wastewater treatment facility with a design flow of less than 5 MGD, which is not a participant in the National Pretreatment Program.

3. The certification committee shall meet at least twice a year. At the first meeting of each calendar year, the certification committee shall select, from among its members, a chairperson and other officers as necessary.

4. A certification committee member shall serve a term of three years.

5. A certification committee member may be reappointed, but a member shall not serve more than three consecutive terms.

6. A meeting quorum consists of the chairperson or the chairperson's designated representative, the executive secretary or the executive secretary's designated representative, and three other members of the committee.

In the event of a vacancy caused by death, resignation, or removal for cause, the Director shall appoint a successor for the unexpired term.

D. General Requirements.

1. An AWPRA shall ensure all of the following:

a. All facilities receiving treatment credit pursuant to R18-9-E828 are operated by AWP operators,

b. All facilities receiving treatment credit pursuant to R18-9-E828 have a full-time operator in direct responsible charge onsite for at least two full shifts per day,

c. All facilities receiving treatment credit pursuant to R18-9-E828 have an operator in direct responsible charge, or their proxy, onsite at all times during operation,

d. When any facilities receiving treatment credit pursuant to R18-9-E828 is operated by a direct responsible charge proxy, an operator in direct responsible charge must be reasonably available to provide immediate direction telephonically, if necessary,

e. An AWP operator makes all decisions about operational process control or system integrity regarding water quality or water quantity that affects public health,

f. An AWPRA administrator who is not an AWP operator may make a planning decision regarding water quality or water quantity if the decision is not a direct operational process control or system integrity decision that affects public health,

g. All critical control points at any facility receiving treatment credit pursuant to R18-9-E828 are operated by an AWP operator, and

h. The names of all current AWP operators are reported to the Department as a component of the Operations Plan submitted pursuant to R18-9-F836.

2. During the application period, or at any point thereafter, an AWPRA may submit a request to waive the requirement in subsection (1)(b) of this section if an operations plan, or amended operations plan, submitted to ADEQ pursuant to R18-9-F836 demonstrates that alternative oversight by an operator in direct responsible charge nevertheless achieves an equivalent degree of operational oversight and treatment reliability.

3. If ADEQ grants the waiver request in subsection (D)(2) above, the operator in direct responsible charge is not required to be onsite for at least two full shifts per day, but shall be able to monitor operations over the facility onsite within the period specified in the operations plan.

4. If the owner of a facility replaces an AWP operator in direct responsible charge with another AWP operator, the facility owner shall notify the Department in writing within 10 days of the replacement.

5. An AWP operator shall notify the Department in writing within 10 days of the date the AWP operator either ceases to operate a facility or commences operation of another facility.

6. An AWP operator shall operate each facility in compliance with applicable state and federal law.

E. Certification.

1. The Department shall issue an AWP operator certificate to an applicant if the applicant:

a. Meets the experience requirements in subsection (K) for the applicable class and grade as outlined in this section,

b. Passes a written advanced water treatment examination, and

c. Has not had an operator's certificate revoked in Arizona or permanently revoked in another jurisdiction.

2. To apply for AWP operator certification, an applicant shall submit to the Department the following information, as applicable, on a form approved by the Director:

a. The applicant's full name, Social Security number, and operator number(s),

b. The applicant's current mailing address, home and work telephone numbers and e-mail address,

c. The applicant's place of employment, including the facility identification number,

d. The class and grade of the facility where the applicant is employed,

e. Proof of successful completion of the advanced water treatment examination and other applicable certificates, and

f. Documentation of the applicant's experience required under this section.

F. Examination.

1. The Department shall provide examinations for certification of AWP operators. The Department may contract with third party examiners for administration of examinations. The Department shall ensure that a list of approved examiners is available upon request.

2. The Department shall validate all examinations before administration. Each examination shall include topics such as advanced treatment technologies, system maintenance, regulatory protocols, safety, mathematics, and general system management.

3. The examiner shall grade the examination and make the results available to the applicant and the Department within seven days of the date of the examination.

4. An applicant shall not be admitted to an examination without a valid picture I.D.

5. An individual must achieve a score of at least seventy percent on the examination in order to attain a passing grade.

6. For applicants with a Grade 3 or Grade 4 wastewater treatment operator certification, the examination shall include an additional component which tests knowledge equivalent to the Grade 3 drinking water treatment operator examination.

G. Certificate Renewal.

1. If the Department renews a certificate, the certificate is renewed for a three-year period, unless the AWP operator requests a shorter renewal term in writing.

2. An AWP operator may renew their certificate without retaking the exam in accordance with the following:

a. Prior to the end of their certificate period by submitting a renewal form; or

b. Following the expiration of the certification period, if the AWP operator submits a completed renewal form to the Department within 90 days of the expiration date.

3. To renew a certificate, an AWP operator shall complete and submit to the Department an AWP operator certificate renewal, on a form approved by the Director.

4. An AWP operator shall provide the following documentation to the Department, upon request, if necessary to verify:

a. Completion of at least 30 professional development hours accumulated during the certification period, of which at least 10 professional development hours directly relate to the specific job functions of the AWP operator, and

b. Verification, in writing, by the AWP operator's supervisor, or the entity that provides the education or training, of the AWP operator's completion of each professional development hour.

5. An AWP operator shall maintain documentation of completion of professional development hours for a minimum of five years.

6. As an alternative to the requirements of subsection (G)(2), an AWP operator may renew a certificate by taking and passing an AWP operator examination.

H. Certificate Expiration.

1. A certification is valid for three years and shall expire on the expiration date, which is the end of the certification period.

2. An expired certification may be reinstated if the renewal is submitted within 90 days of expiration date, in accordance with subsection (G)(2)(b).

3. A person with an expired certificate shall re-apply in accordance with subsections (F) and (G) in order to be certified as an AWP operator.

4. An AWP operator certificate is considered expired if the supporting certificate has been denied, expired, suspended, or revoked.

I. AWP Operator Certificate Denial, Suspension, Probation, and Revocation.

1. The Department may deny, suspend, or revoke an AWP operator certificate, and may place an AWP operator on probation.

2. The Department shall deny a certificate if the application is deficient, the applicant fails to obtain a passing score on the examination, or upon any other determination that the applicant has not met the requirements of this section.

3. The Department may revoke or suspend a certificate, or place an AWP operator on probation, if the Department determines that the AWP operator:

a. Operates a facility in a manner that violates federal or state law;

b. Negligently operates a facility or negligently supervises the operation of a facility;

c. Fails to comply with a Department order or court order;

d. Obtains, or attempts to obtain, a certificate by fraud, deceit, or misrepresentation;

e. Engages in fraud, deceit, or misrepresentation in the operation or supervision of a facility;

f. Knowingly or negligently prepares a false or fraudulent report or record regarding the operation or supervision of a facility;

g. Endangers the public health, safety, or welfare;

h. Fails to comply with the terms or conditions of probation or suspension; or

i. Fails to cooperate with an investigation by the Department including failing or refusing to provide information required by this section.

4. The action the Department takes under subsection (I)(3) may be made at the Department's discretion upon an examination of the individual facts and circumstances, the number of findings the Department makes under (I)(3), and upon consideration of other factors, such as but not limited to, additional aggravating circumstances not considered under (I)(3).

5. In performing any action under this subsection, the Department shall comply with the requirements in A.R.S. Title 41, Chapter 6, Article 10 and A.A.C. Title 18, Chapter 1, Article 2.

J. Reciprocity. The Department shall issue a certificate to an applicant who holds a valid certificate from another jurisdiction, if the applicant:

Passes a written, validated AWP operator examination in Arizona or in another jurisdiction that administers an AWP examination that is substantially equivalent to the examination in Arizona and validated by the Department, and

2. Submits written evidence of the experience required under subsection (K).

K. Experience.

1. The Department shall consider the following criteria to determine whether an applicant has the qualifying experience required for AWP operator certification:

a. The type of operator certification held by the applicant, and

b. Years of qualifying experience as a certified operator for a specific grade of facility.

2. An applicant shall provide evidence of certification as one of the following:

a. A Grade 3 drinking water operator;

b. A Grade 4 drinking water operator;

c. A Grade 3 wastewater operator; or

d. A Grade 4 wastewater operator.

3. An applicant shall provide evidence of qualifying experience in the applicable facility class.

4. An applicant shall meet the following requirements for admission to an AWP operator certification examination:

a. A Grade 3 drinking water operator shall have at least two years' experience operating a Grade 3 drinking water treatment facility.

b. A Grade 4 drinking water operator shall have at least one year of experience operating a Grade 4 drinking water treatment facility.

c. A Grade 3 wastewater operator shall have at least two years' experience operating a Grade 3 wastewater treatment facility.

d. A Grade 4 wastewater operator shall have at least two years' experience operating a Grade 3 or Grade 4 wastewater treatment facility.

5. An applicant that meets the requirements of this section and has passed the advanced water treatment examination shall be certified in accordance with the following:

a. An applicant with Grade 3 drinking water treatment certification with at least one year of advanced water treatment qualifying experience shall receive certification as AWP shift operator.

b. An applicant with Grade 4 drinking water treatment certification with at least one year of advanced water treatment qualifying experience shall receive certification as AWP operator in direct responsible charge.

c. An applicant with Grade 3 wastewater treatment certification with at least one year of advanced water treatment qualifying experience shall receive certification as AWP shift operator.

d. An applicant with Grade 4 wastewater treatment certification with at least one year of advanced water treatment qualifying experience shall receive certification as AWP shift operator.

6. Advanced water treatment qualifying experience may be obtained through any of the following:

a. Operating a pilot facility;

b. Operating an AWP demonstration facility that is not distributing finished water for human consumption;

c. Experiential reciprocity pursuant to subsection (J) of this section;

d. An apprenticeship under an AWP operator on-site at an AWP facility including a pilot facility, demonstration facility, or AWTF; or

e. Other experience approved by the Department.

7. Experience working at an AWTF shall count towards qualified experience at a Grade 4 drinking water plant.

L. Class and Grade Requirements.

1. Drinking Water Treatment and Distribution Systems.

a. The Department shall classify a drinking water treatment facility receiving AWP treatment credits under R18-9-E828 as an AWTF.

b. The Department shall grade water distribution system AWPRA partners pursuant to A.A.C. R18-5-115(B).

Wastewater Treatment and Collection Systems.

a. A wastewater treatment facility receiving AWP treatment credits under R18-9-E828 shall be operated by an AWP operator and an operator certified at the appropriate grade, and no grade lower, for the class of the facility pursuant to Chapter 5, Article 1 of this Title. These operation requirements may be met by the same operator.

b. Wastewater collection systems that collect and convey wastewater to a wastewater treatment facility that is ultimately used as a treated wastewater supply to an AWTF shall be classified pursuant to R18-5-114 of this Title.

c. For a multi-facility system, the Department shall grade each facility in accordance with this subsection.

M. Transition.

1. Beginning two years from the effective date of the AWP programmatic rules in A.A.C. Title 18, Chapter 9, Article 8, all facilities receiving treatment credit pursuant to R18-9-E828 shall be operated by AWP operators certified in accordance with this section.

2. During the two-year transition period, all AWTFs shall be operated by a Grade 4 certified drinking water operator who has completed appropriate training, approved by the Department.

History

• Amended effective April 18, 1979 (Supp. 79-2). Amended effective February 20, 1980 (Supp. 80-1). Amended by adding subsections (I) and (J) effective June 8, 1981 (Supp. 81-3). Amended subsections (A), (F) and (H) effective October 2, 1986 (Supp. 86-5). Former Section R9-8-314 renumbered without change as Section R18-9-804 (Supp. 87-3). Amended effective July 25, 1990 (Supp. 90-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B805 Advanced Water Purification Responsible Agency Formation; Joint Plan

A. An AWPRA shall be the entity responsible for complying with the requirements of this Article.

1. Only one AWPRA shall be designated for an AWP project.

2. An AWPRA must be a person under A.R.S. § 49-201(33).

B. Joint Plan. An AWPRA shall develop a Joint Plan describing all partner coordination procedures, including but not limited to, the following:

1. Partner Details.

a. Identification of each partner associated with the AWP project throughout the project's expected operational life,

b. A description of the roles and responsibilities of each partner, including designation of a lead partner responsible for fulfilling the requirements under the communication plan established in accordance with subsection (B)(4), and

c. The legal authority of each partner to fulfill its roles and responsibilities.

2. Procedures to ensure that the AWPRA will have knowledge of the current treatment and water quality monitoring status of any water reclamation facility delivering treated wastewater as a source to the AWP project,

3. Procedures to ensure the enhanced source control program complies with the requirements in this Article, pursuant to R18-9-E824,

4. A communication plan ensuring the timely dissemination of information regarding both treated wastewater and advanced treated water or finished water quality status and monitoring among all partners,

5. Procedures to provide access to the AWPRA and all partner facilities, operations, and records for inspection at any time by the Department,

6. Procedures to execute cross-connection control requirements, pursuant to Chapter 4, Article 2 and R18-9-F832 of this Article,

7. Procedures to execute corrosion control requirements, pursuant to Chapter 4, Article 1 and R18-9-F832,

8. Procedures to notify partners and the Department of treatment failure incidents and all corresponding corrective actions taken,

9. A plan outlining all enforcement and corrective actions taken should a partner fail to meet the requirements of this Article or violate the Joint Plan, and

10. Procedures to address changes to the AWPRA partners, including the addition of new partners and the removal of existing partners, in accordance with the requirements of the AWP program.

C. The AWPRA and all partners shall sign the Joint Plan.

D. The Joint Plan shall include copies of all necessary agreements executed to facilitate the operation of the AWP project, including but not limited to, copies of permits, memorandums of understanding, joint powers agreements, or intergovernmental agreements.

History

• Adopted effective April 18, 1979 (Supp. 79-2). Amended effective October 2, 1986 (Supp. 86-5). Former Section R9-8-315 renumbered without change as Section R18-9-805 (Supp. 87-3). Amended effective July 25, 1990 (Supp. 90-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B806 General Requirements

A. Delivery of advanced treated water or distribution of finished water is prohibited unless delivery or distribution approval is explicitly given to the AWPRA, either:

1. Through issuance of the AWP permit, if full-scale certification was completed and approved as part of the application; or

2. After satisfaction of the compliance schedule requirements pursuant to R18-9-C816(E).

B. Construction materials used at the AWTF, including materials used at AWPRA partner facilities, except for water reclamation facilities, that collect, treat, store, or distribute water for human consumption through pipes or other constructed conveyances, shall be lead-free as prescribed in A.R.S. § 49-353(B). This subsection shall not apply to leaded joints necessary for the repair of cast iron pipes.

C. Treated wastewater used to supply an AWP project shall be municipal wastewater in origin.

D. Confidentiality of Information. In accordance with A.R.S. § 49-205, any information submitted to the Director pursuant to this Article may be claimed as confidential by the submitter. Any such claim must be asserted at the time of submission in the manner prescribed on the application form or instructions or, in the case of other submissions, by stamping the words "confidential business information" on each page containing such information. If no claim is made at the time of submission, the Director may make the information available to the public without further notice. If a claim is asserted, the information will be treated in accordance with the procedures in A.R.S. § 49-205.

History

• Adopted effective October 2, 1986 (Supp. 86-5). Former Section R9-8-317 renumbered without change as Section R18-9-806 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B807 Inspections, Violations, and Enforcement

A. The Department shall conduct inspections of a permitted AWPRA facility as specified under A.R.S. § 41-1009 and according to sanitary survey requirements in A.A.C. Title 18, Chapter 4, if applicable.

B. Any person who violates a provision of Article 8 of this Chapter, applicable provisions in Chapters 4 and 5 of this Chapter, or a condition of an AWP permit or AWP demonstration permit is subject to the applicable enforcement actions established under A.R.S. Title 49.

History

• Former Section R9-8-321 renumbered without change as Section R18-9-807 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B808 Recordkeeping

A. The AWPRA shall collect and retain the following information for at least ten years:

1. Copies of laboratory analyses and chain of custody forms,

2. The results of all analyses of chemicals and pathogens, including laboratory data, and

3. Copies of all plans and technical components prepared and submitted to the Department under the AWP permit application.

B. For the records described in subsections (A)(1) through (A)(3), a responsible agent of the AWPRA shall sign the following certification statement "I certify, under penalty of law, that the activities conducted pursuant to the requirements of Title 18, Chapter 9, Article 8 have been made under my direction and supervision and under a system designed to ensure that qualified personnel properly gather and evaluate the information to determine whether the applicable requirements have been met. I am aware that there are significant penalties for false certification including the possibility of fine and imprisonment."

History

• Former Section R9-8-323 renumbered without change as Section R18-9-808 (Supp. 87-3). Amended effective July 25, 1990 (Supp. 90-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B809 Construction and Compliance with Plans

A. An AWPRA shall conform to all proposed plans and specifications when constructing any part of their pilot facility such that the facility accurately reflects the proposal as recorded.

1. Prior to issuance of an AWP permit or demonstration permit and when the pilot facility is the same as the proposed full-scale facility, any change in a proposed design that will affect advanced treated water or finished water quality, capacity, flow, or performance, shall be documented by the AWPRA applicant and submitted to the Department for review and approval in the form of revised plans and specifications, record drawings and a written statement regarding the reasons for the change.

2. The record drawings shall be drafted pursuant to R18-9-B810.

B. An AWPRA shall conform to all approved plans and specifications when constructing any part of their full-scale facility.

1. Following issuance of an AWP permit, any change in an approved design that will affect advanced treated water or finished water quality, capacity, flow, or performance, shall be submitted by the AWPRA to the Department for review and approval through a permit amendment.

2. Upon a change to an approved design, the AWPRA shall notify the Department and shall not proceed with any construction related to the design change without written approval from the Department, except in cases of emergency in which the AWPRA must act promptly to respond to an immediate and significant threat to human health and approval from the Department would unduly delay or prevent the AWPRA from addressing the threat. In instances of emergency, the AWPRA shall at the first available and safe moment, but not exceeding 30 days after the emergency:

a. Notify the Department of the emergency,

b. Detail the change made from the approved design, and

c. Describe all response methods utilized during the emergency to protect advanced treated water quality.

3. An AWPRA's failure to notify and obtain the Department's approval of a change in an approved design is subject to enforcement as a permit violation pursuant to R18-9-B807.

History

• Former Section R9-8-324 renumbered without change as Section R18-9-809 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B810 Record Drawings

A. An Arizona-registered professional engineer shall clearly and accurately record or mark, on a complete set of working project drawings, each deviation from the original plan, and a written summary of each deviation which shall include, but is not limited to:

1. A description of the deviation,

2. The reason for the deviation, and

3. The projected impact the deviation will have on advanced treated water quality. If an impact is identified, the description shall be accompanied by an explanation on how the AWPRA will address the impact to maintain compliance with advanced treated water quality standards.

B. The set of marked drawings and written summary of deviations becomes the record drawings, reflecting the project as actually built.

C. The professional engineer registered in Arizona shall sign, date, and place their engineer's seal on each sheet of the record drawings and written summary of deviations and submit them to the Department as part of the permit application. The record drawings shall be accompanied by an engineer's certificate of completion, signed by the professional engineer.

D. Quality control testing results and calculations shall be submitted with the engineer's certificate of completion together with field notes and the name of the individual witnessing the tests.

History

• Former Section R9-8-325 renumbered without change as Section R18-9-810 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-B811 Outreach; Public Communications Plan

A. An AWPRA applicant/permittee shall develop a Public Communications Plan for the purpose of providing drinking water consumers in the service area with education, awareness, and transparency related to the AWP project.

B. Public Communications Plan. The Plan shall include, but is not limited to, the following:

1. Consumer Notification.

a. An AWPRA applicant shall notify all drinking water consumers of its intention to apply for an AWP permit for treatment and delivery of advanced treated water or distribution of finished water as a drinking water source.

b. An AWPRA applicant/permittee shall maintain communication with the consumers throughout all major program phases, including planning, application, operations, and post-operations.

c. Throughout the planning phase, the AWPRA applicant shall:

i. Communicate to the public through the use of a local, publicly-accessible repository in which the AWPRA posts information about the AWP project, contains a forum for public question and comment, and a place for responses. Such a repository shall be active at the time the AWPRA applicant submits an AWP project permit application to the Department, and shall be maintained for the lifetime of the project,

ii. Provide at least one notification by mail or by another Department-approved method to all of its consumers prior to a public meeting related to the AWP project,

iii. Schedule and hold at least one public meeting during the planning stage of the AWP project,

iv. Communicate to the public through at least one additional Department-approved method in accordance with subsection (B)(2) of this section, and

v. Provide all relevant information in all appropriate languages, as necessary, and provide contact information to the public on how a consumer may obtain translated written communications or request language assistance for written and oral communications.

d. During the application phase, the AWPRA applicant shall schedule and hold at least one public meeting no less than six months prior to distributing finished water from the AWP project.

2. Acceptable Methods of Communication. Department-approved methods of communication include the following:

a. Coverage through a local news outlet (e.g. television, newspaper, social media);

b. Community event(s) (e.g. setting up table/booth);

c. Local school(s) and school events;

d. Providing opt-in email or text notifications to customers;

e. Consumer confidence reports, water bill inserts, or other mail notification;

f. Neighborhood association meeting(s) and civic organizations; or

g. Other methods may be accepted at the Director's discretion.

3. Community Engagement.

a. An AWPRA applicant shall involve local government(s) throughout the AWP project phases, as necessary.

b. An AWPRA applicant shall develop a list of all relevant stakeholders and interest-holders that they intend to communicate with. Such a list shall, at a minimum, include local health authorities and medical professionals, and may additionally include:

i. City/town councils and boards;

ii. Local elected officials;

iii. Community organizations that represent disproportionately impacted communities,

iv. Local environmental groups;

v. Industry groups; or

vi. Schools/school boards.

c. An AWPRA applicant may conduct surveys, focus groups, or other means of collecting local information for the purpose of demonstrating community perception and opinion of the prospective AWP project introduction, and throughout all succeeding project phases.

Certification.

a. An AWPRA applicant shall certify the Plan meets the minimum requirements in this section.

b. The certified Plan shall include details demonstrating compliance with the requirements of this section, including, but not limited to:

i. Access to the publicly-accessible repository, such as a web address,

ii. Description of the methodology selected for communication,

iii. The numbers of mailers sent to the public,

iv. The number of government entities and other leaders engaged with,

v. A description of the public meetings held including dates, times, and methods of notice, and

vi. A description of any outreach conducted in other languages.

c. An AWPRA applicant shall submit a draft Plan as a component of the AWP permit application pursuant to R18-9-C816.

d. After being issued the AWP permit, and at least 30 days prior to distributing advanced treated water or delivering finished water, an AWPRA shall submit a certified final Plan to the Department pursuant to the compliance schedule set forth in their AWP permit.

History

• Former Section R9-8-326 repealed, new Section R9-8-326 adopted effective October 2, 1986 (Supp. 86-5). Former Section R9-8-326 renumbered without change as Section R18-9-811 (Supp. 87-3). First entry in Historical Note corrected to reflect Section numbers at time of rule repeal and adoption by changing R18-9-326 to R9-8-326 (Supp. 96-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Article 9 ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM

Part B INDIVIDUAL PERMITS

Ariz. Admin. Code § R18-9-B901 Individual Permit Application

A. Time to apply.

1. Any person who owns or operates a facility covered by R18-9-A902(B) or R18-9-A902(C), shall apply for an AZPDES individual permit at least 180 days before the date of the discharge or a later date if granted by the Director, unless the person:

a. Is exempt under R18-9-A902(G);

b. Is covered by a general permit under Article 9, Part C of this Chapter; or

c. Is a user of a privately owned treatment works, unless the Director requires a permit under 40 CFR 122.44(m).

2. Construction. Any person who proposes a construction activity under R18-9-A902(B)(9)(c) or R18-9-A902(B)(9)(d) and wishes coverage under an individual permit, shall apply for the individual permit at least 90 days before the date on which construction is to commence.

3. Waivers.

a. Unless the Director grants a waiver under 40 CFR 122.32, a person operating a small MS4 is regulated under the AZPDES program.

b. The Director shall review any waiver granted under subsection (A)(3)(a) at least every five years to determine whether any of the information required for granting the waiver has changed.

B. Application. An individual permit applicant shall submit the following information on an application obtained from the Department. The Director may require more than one application from a facility depending on the number and types of discharges or outfalls.

Discharges, other than stormwater.

a. The information required under 40 CFR 122.21 (f) through (k);

b. The signature of the certifying official required under 40 CFR 122.22;

c. The name and telephone number of the operator, if the operator is not the applicant; and

d. Whether the facility is located in the border area, and, if so:

i. A description of the area into which the effluent discharges from the facility may flow, and

ii. A statement explaining whether the effluent discharged is expected to cross the Arizona-Sonora, Mexico border.

Stormwater. In addition to the information required in subsection (B)(1)(c) and (B)(1)(d):

a. For stormwater discharges associated with industrial activity, the application requirements under 40 CFR 122.26(c)(1);

b. For large and medium MS4s, the application requirements under 40 CFR 122.26(d);

c. For small MS4s:

i. A stormwater management program under 40 CFR 122.34, and

ii. The application requirements under 40 CFR 122.33.

C. Consolidation of permit applications.

1. The Director may consolidate two or more permit applications for any facility or activity that requires a permit under Articles 9 and 10 of this Chapter.

2. Whenever a facility or activity requires an additional permit under Articles 9 and 10 of this Chapter, the Director may coordinate the expiration date of the new permit with the expiration date of an existing permit so that all permits expire simultaneously. The Department may then consolidate the processing of the subsequent applications for renewal permits.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 30 A.A.R. 28, effective 12/15/2023.

Ariz. Admin. Code § R18-9-B902 Requested Coverage under a General Permit

An owner or operator may request that an individual permit be revoked, if a source is excluded from a general permit solely because it already has an individual permit.

The Director shall grant the request for revocation of an individual permit upon determining that the permittee otherwise qualifies for coverage under a general permit.

2. Upon revocation of the individual permit, the general permit applies to the source.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-B903 Individual Permit Issuance or Denial

A. Once the application is complete, the Director shall tentatively decide whether to prepare a draft permit or to deny the application.

B. Permit issuance. If, based upon the information obtained by or available to the Department under R18-9-A907, R18-9-A908, and R18-9-B901, the Director determines that an applicant complies with A.R.S. Title 49, Chapter 2, Article 3.1 and Articles 9 and 10 of this Chapter, the Director shall issue a permit that is effective as prescribed in A.R.S. 49-255.01(H).

C. Permit denial.

1. If the Director decides to deny the permit application, the Director shall provide the applicant with a written notice of intent to deny the permit application. The written notification shall include:

a. The reason for the denial with reference to the statute or rule on which the denial is based;

b. The applicant's right to appeal the denial with the Water Quality Appeals Board under A.R.S. § 49-323, the number of days the applicant has to file a protest challenging the denial, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

c. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

2. The Director shall provide an opportunity for public comment under R18-9-A907 and R18-9-A908 on a denial.

3. The decision of the Director to deny the permit application takes effect 30 days after the decision is served on the applicant, unless the applicant files an appeal under A.R.S. 49-255.01(H)(1).

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-B904 Individual Permit Duration, Reissuance, and Continuation

A. Permit duration.

1. An AZPDES individual permit is effective for a fixed term of not more than five years. The Director may issue a permit for a duration that is less than the full allowable term.

2. If the Director does not reissue a permit within the period specified in the permit, the permit expires, unless it is continued under subsection (C).

If a permittee of a large or medium MS4 allows a permit to expire by failing to reapply within the time period specified in subsection (B), the permittee shall submit a new application under R18-9-B901 and follow the application requirements under 40 CFR 122.26(d), which is incorporated by reference in R18-9-A905(A)(1)(d).

B. Permit reissuance.

1. A permittee shall reapply for an individual permit at least 180 days before the permit expiration date.

2. Unless otherwise specified in the permit, an annual report submitted 180 days before the permit expiration date satisfies the reapplication requirement for an MS4 permit. The annual report shall contain:

a. The name, address, and telephone number of the MS4;

b. The name, address, and telephone number of the contact person;

c. The status of compliance with permit conditions, including an assessment of the appropriateness of the selected best management practices and progress toward achieving the selected measurable goals for each minimum measure;

d. The results of any information collected and analyzed, including monitoring data, if any;

e. A summary of the stormwater activities planned for the next reporting cycle;

f. A change in any identified best management practices or measurable goals for any minimum measure; and

g. Notice of relying on another governmental entity to satisfy some of the permit obligations.

C. Continuation. An AZPDES individual permit may continue beyond its expiration date if:

1. The permittee has submitted a complete application for an AZPDES individual permit at least 180 days before the expiration date of the existing permit and the permitted activity is of a continuing nature; and

2. The Department is unable, through no fault of the permittee, to issue an AZPDES individual permit on or before the expiration date of the existing permit.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 30 A.A.R. 28, effective 12/15/2023.

Ariz. Admin. Code § R18-9-B905 Individual Permit Transfer

A. A permittee may request the Director to transfer an individual permit to a new permittee. The Director may modify, or revoke and reissue the permit to identify the new permittee, or make a minor modification to identify the new permittee.

B. Automatic transfer. The Director may automatically transfer an individual permit to a new permittee if:

1. The current permittee notifies the Director by certified mail at least 30 days in advance of the proposed transfer date and includes a written agreement between the existing and new permittee containing a specific date for transfer of permit responsibility, coverage, and liability between them; and

2. The Director does not notify the existing permittee and the proposed new permittee of the Director's intent to modify, or revoke and reissue the permit. A modification under this subsection may include a minor modification specified in R18-9-B906(B).

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-B906 Modification, Revocation and Reissuance, and Termination of Individual Permits

A. Permit modification, revocation and reissuance.

The Director may modify, or revoke and reissue an individual permit for any of the following reasons:

a. The Director receives a written request from an interested person;

b. The Director receives information, such as when inspecting a facility;

c. The Director receives a written request to modify, or revoke and reissue a permit from a permittee as required in the individual permit; or

d. After review of a permit file, the Director determines one or more of the causes listed under 40 CFR 122.62(a) or (b) exists.

i. If the Director decides a written request is not justified under 40 CFR 122.62 or subsection (B), the Director shall send the requester a brief written response giving a reason for the decision.

ii. The denial of a request for modification, or revocation and reissuance is not subject to public notice, comment, or hearing under R18-9-A907 and R18-9-A908(A) and (B).

2. If the Director tentatively decides to modify, or revoke and reissue an individual permit, the Director shall prepare a draft permit incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application.

a. Modified individual permit. The Director shall reopen only the modified conditions when preparing a new draft permit and process the modifications.

b. Revoked and reissued individual permit.

i. The permittee shall submit a new application.

ii. The Director shall reopen the entire permit just as if the permit had expired and was being reissued.

3. During any modification, or revocation and reissuance proceeding, the permittee shall comply with all conditions of the existing permit until a new final permit is issued.

B. Minor modifications.

1. Upon consent of the permittee, the Director may make any of the following modifications to an individual permit:

a. Correct typographical errors;

b. Update a permit condition that changed as a result of updating an Arizona water quality standard;

c. Require more frequent monitoring or reporting by the permittee;

d. Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

e. Allow for a change in ownership or operational control of a facility, if no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Director;

f. Change the construction schedule for a new source discharger. The change shall not affect a discharger's obligation to have all pollution control equipment installed and in operation before the discharge;

g. Delete a point source outfall if the discharge from that outfall is terminated and does not result in a discharge of pollutants from other outfalls except under permit limits;

h. Incorporate conditions of a POTW pretreatment program approved under 40 CFR 403.11 and 40 CFR 403.18, which is incorporated by reference in R18-9-A905(A)(8) as enforceable conditions of the permit, and

i. Annex an area by a municipality.

2. Any modification processed under subsection (B)(1) is not subject to the public notice provision under R18-9-A907 or public participation procedures under R18-9-A908.

C. Permit termination.

1. The Director may terminate an individual permit during its term or deny reissuance of a permit for any of the following causes:

a. The permittee's failure to comply with any condition of the permit;

b. The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant fact;

c. The Director determined that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or

d. A change occurs in any condition that requires either a temporary or permanent reduction or elimination of any discharge, sludge use, or disposal practice controlled by the permit, for example, a plant closure or termination of discharge by connection to a POTW.

2. If the Director terminates a permit during its term or denies a permit renewal application for any cause listed in subsection (C)(1), the Director shall issue a Notice of Intent to Terminate, except when the entire discharge is terminated.

a. Unless the permittee objects to the termination notice within 30 days after the notice is sent, the termination is final at the end of the 30 days.

b. If the permittee objects to the termination notice, the permittee shall respond in writing to the Director within 30 days after the notice is sent.

c. Expedited permit termination. If a permittee requests an expedited permit termination procedure, the permittee shall certify that the permittee is not subject to any pending state or federal enforcement actions, including citizen suits brought under state or federal law.

d. The denial of a request for termination is not subject to public notice, comment, or hearing under R18-9-A907 and R18-9-A908(A) and (B).

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final expedited rulemaking at 30 A.A.R. 28, effective 12/15/2023.

Ariz. Admin. Code § R18-9-B907 Individual Permit Variances

A. The Director may grant or deny a request for any of the following variances:

1. An extension under section 301(i) of the Clean Water Act (33 U.S.C. 1311) based on a delay in completion of a POTW;

2. After consultation with EPA, an extension under section 301(k) of the Clean Water Act (33 U.S.C. 1311) based on the use of innovative technology;

3. A variance under section 316(a) of the Clean Water Act (33 U.S.C. 1326) for thermal pollution, or

4. A variance under R18-11-122 for a water quality standard.

B. The Director may deny, forward to EPA with a written concurrence, or submit to EPA without recommendation a completed request for:

1. A variance based on the economic capability of the applicant under section 301(c) of the Clean Water Act (33 U.S.C. 1311); or

2. A variance based on water quality related effluent limitations under 302(b)(2) (33 U.S.C. 1312) of the Clean Water Act.

C. The Director may deny or forward to EPA with a written concurrence a completed request for:

1. A variance based on the presence of fundamentally different factors from those on which an effluent limitations guideline is based; and

2. A variance based upon water quality factors under section 301(g) of the Clean Water Act (33 U.S.C. 1311).

D. If the Department approves a variance under subsection (A) or if EPA approves a variance under subsection (B) or (C), the Director shall prepare a draft permit incorporating the variance. Any public notice of a draft permit for which a variance or modification has been approved or denied shall identify the applicable procedures for appealing the decision.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Article 3 AQUIFER PROTECTION PERMITS - GENERAL PERMITS

Part C TYPE 2 GENERAL PERMITS

Ariz. Admin. Code § R18-9-C301 2.01 General Permit: Drywells That Drain Areas Where Hazardous Substances Are Used, Stored, Loaded, or Treated

A. A 2.01 General Permit allows for a drywell that drains an area where hazardous substances are used, stored, loaded, or treated.

B. Notice of Intent to Discharge. In addition to the requirements in R18-9-A301(B), an applicant shall submit:

1. The Class V injection well inventory number for the drywell or documentation that inventory information was submitted to the Department;

For a drywell constructed more than 90 days before submitting the Notice of Intent to Discharge to the Department, a certification signed, dated, and sealed by an Arizona-registered professional engineer or geologist that a site investigation has concluded that:

a. Analytical results from sampling the drywell settling chamber sediment for pollutants reasonably expected to be present do not exceed either the residential soil remediation levels or the groundwater protection levels;

b. The settling chamber does not contain sediments that could be used to characterize and compare results to soil remediation levels and the chamber has not been cleaned out within the last six months;

c. Neither a soil remediation level nor groundwater protection level is exceeded in soil samples collected from a boring drilled within 5 feet of the drywell and sampled in 5-foot increments starting from 5 feet below ground surface and extending to 10 feet below the base of the drywell injection pipe; or

d. If coarse grained lithology prevents the collection of representative soil samples in a soil boring, a groundwater investigation demonstrates compliance with Aquifer Water Quality Standards in groundwater at the applicable point of compliance;

3. Design information to demonstrate that the requirements in subsection (C) are satisfied; and

4. A copy of the Best Management Practices Plan described in subsection (D)(5).

C. Design requirements. An applicant shall:

1. Locate the drywell no closer than 100 feet from a water supply well and 20 feet from an underground storage tank;

2. Clearly mark the drywell "Stormwater Only" on the surface grate or manhole cover;

3. Locate the bottom of the drywell hole at least 10 feet above groundwater. If during drilling and well installation the drywell borehole encounters saturated conditions, the applicant shall backfill the borehole with cement grout to at least 10 feet above the elevation of saturated conditions before constructing the drywell in the borehole;

4. Ensure that the drywell design or drainage area design includes a method to remove, intercept, or collect pollutants that may be present at the operation with the potential to reach the drywell. The applicant may include a flow control or pretreatment device, such as an interceptor, sump, or another device or structure designed to remove, intercept, or collect pollutants. The applicant may use flow control or pretreatment devices listed under R18-9-C304(D)(1) or (2) to satisfy the design requirements of this subsection;

5. Record the accurate latitude and longitude of the drywell using a Global Positioning System device or site survey; and

6. Develop and maintain a current site plan showing the location of the drywell, the latitude and longitude coordinates of the drywell, surface drainage patterns, the location of floor drains and French drains plumbed to the drywell, water supply wells, monitor wells, underground storage tanks, and chemical and waste usage, storage, loading, and treatment areas.

D. Operational and maintenance requirements.

1. A permittee shall operate the drywell only for the disposal of stormwater. The permittee shall not release industrial process waters or wastes in the drywell or drywell retention basin drainage area.

The permittee shall implement a Best Management Practices Plan for operation of the drywell and control of pollutants in the drywell drainage area.

3. The permittee shall keep the Best Management Practices Plan on-site or at the closest practical place of work and provide the plan to the Department upon request.

4. The permittee may substitute any Spill Prevention Containment and Control Plan, facility response plan, or an AZPDES Stormwater Pollution Prevention Plan that meets the requirements of this subsection for a Best Management Practices Plan. If the permittee submits a substitute for the Best Management Practices Plan, the permittee shall identify the conditions within the substitute plan that satisfy the requirements of subsection (D).

5. The Best Management Practices Plan shall include:

a. A site plan showing surface drainage patterns and the location of floor drains, water supply, monitor wells, underground storage tanks, and chemical and waste usage, storage, loading, and treatment areas. The site plan shall show surface grading details designed to prevent drainage and spills of hazardous substances from leaving the drainage area and entering the drywell;

b. A design plan showing details of drywell design and drainage design, including flow control or pretreatment devices, such as interceptors, sumps, and other devices and structures designed to remove, intercept, and collect any pollutant that may be present at the operation with the potential to reach the drywell;

c. Procedures to prevent and contain spills and minimize discharges to the drywell;

d. Operational practices that include routine inspection and maintenance of the drywell and associated pretreatment and flow-control devices, periodic inspection of waste storage facilities, and proper handling of hazardous substances to prevent discharges to the drywell. Routine inspection and maintenance shall include:

i. Replacing the adsorbent material in the skimmers, if installed, when the adsorbent capacity is reached;

ii. Maintaining valves and associated piping for a drywell injection and treatment system;

iii. Maintaining magnetic caps and mats, if installed;

iv. Removing sludge from the oil/water separator, if installed, and replacing the filtration or adsorption material to maintain treatment capacity;

v. Removing sediment from the catch basin inlet filters and retention basin to maintain required storage capacity; and

e. Procedures for periodic employee training on practices required by the Best Management Practices Plan specific to the drywell and prevention of unauthorized discharges.

6. The permittee shall implement waste management practices to prohibit and prevent discharges, other than those exempted in A.R.S. § 49-250(B)(23), in the drywell drainage area, including:

a. Maintaining an up-to-date inventory of generated wastes and waste products;

b. Disposing or recycling all wastes or solvents through a company licensed to handle the material;

c. Where possible, collecting and storing waste in waste receptacles located outside the drywell drainage area. If the permittee collects and stores the waste within the drywell drainage area, the permittee shall collect and store the waste in properly designed receptacles; and

d. Using a licensed waste hauler to transport waste off-site to a permitted waste disposal facility.

E. Inspection. A permittee shall:

1. Conduct an annual inspection of the drywell for sediment accumulation in the chambers and the flow-control and treatment systems, and remove sediment annually or when 25 percent of the effective capacity is filled, whichever comes first, to restore capacity and ensure that the drywell functions properly. The permittee shall characterize the sediments that are removed from the drywell after inspection and dispose of the sediments according to local, state, and federal requirements; and

2. If the stormwater fails to drain through the drywell within 36 hours, inspect the treatment system and piping to ensure that the treatment system is functioning properly, make repairs, and perform maintenance as needed to restore proper function.

F. Recordkeeping. A permittee shall maintain for at least 10 years, the following documents on-site or at the closest place of work and make the documents available to the Department upon request:

Documentation of drywell maintenance, inspections, employee training, and sampling activities;

2. A site plan showing the location of the drywell, the latitude and longitude coordinates of the drywell, surface drainage patterns and the location of floor drains or French drains that are plumbed to the drywell or are used to alter drainage patterns, the location of water supply wells, monitor wells, underground storage tanks, and places where hazardous substances are used, stored, or loaded;

3. A design plan showing details of drywell design and drainage design, including any flow control and pretreatment technologies;

4. An operations and maintenance manual that includes:

a. Procedures to prevent and contain spills and minimize any discharge to the drywell and a list of actions and methods proposed to prevent and contain hazardous substance spills or leaks;

b. Methods and procedures for inspection, operation, and maintenance activities;

c. Procedures for spill response; and

d. A description of the employee training program for drywell inspections, operations, maintenance, and waste management practices;

5. Drywell sediment waste characteristics and disposal manifest records for sediments removed during routine inspections and maintenance activities; and

Sampling plans, certified laboratory reports, and chain of custody forms for soil, sediment, and groundwater sampling associated with drywell site investigations.

G. Spills.

1. In the event of a spill, the permittee shall:

a. Notify the Department within 24 hours of any spill of hazardous or toxic substance that enters the drywell inlet;

b. Contain, clean up, and dispose of, according to local, state, and federal requirements, any spill or leak of a hazardous substance in the drywell drainage area and basin drainage area;

c. If a pretreatment system is present, verify that treatment capacity has not been exceeded; and

d. If the spill reaches the drywell injection pipe, drill a soil boring within 5 feet of the drywell inlet chamber and sample the soil in 5-foot increments from 5 feet below ground surface to a depth extending at least 10 feet below the base of the injection pipe to determine whether a soil remediation level or groundwater protection level has been exceeded in the subsurface. The permittee shall:

i. Submit the results to the Department within 60 days of the date of the spill; and

ii. Notify the Department if soil contamination at the facility, not related to the spill, is being addressed by an existing approved remedial action plan.

2. Based on the results of subsection (G)(1)(d), the Director may require the permittee to submit an application for clean closure or an individual Aquifer Protection Permit.

H. Closure and decommissioning requirements.

1. A permittee shall:

a. Retain a drywell drilling contractor, licensed under 4 A.A.C. 9, to close the drywell;

b. Remove sediments and any drainage component, such as standpipes and screens from the drywell's settling chamber and backfill the injection pipe with cement grout;

c. Remove the settling chamber;

d. Backfill the settling chamber excavation to the land surface with clean silt, clay, or engineered material. Materials containing hazardous substances are prohibited from use in backfilling the drywell; and

e. Mechanically compact the backfill.

Within 30 days of closure and decommissioning, the permittee shall submit a written verification to the Department that all material that contributed to a discharge has been removed and any reasonable probability of further discharge from the facility and of exceeding any Aquifer Water Quality Standard at the applicable point of compliance has been eliminated to the greatest degree practical. The written verification shall specify:

a. The reason for the closure;

b. The Class V injection well inventory number;

c. The general permit reference number;

d. The materials and methods used to close the drywell;

e. The name of the contractor who performed the closure;

f. The completion date;

g. Any sampling data;

h. Sump construction details, if a sump was constructed to replace the abandoned drywell; and

i. Any other information necessary to verify that closure has been achieved.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-C302 2.02 General Permit: Intermediate Stockpiles at Mining Sites

A. A 2.02 General Permit allows for intermediate stockpiles not qualifying as inert material under A.R.S. § 49201(22) at a mining site.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge under R18-9-A301(B), an applicant shall submit the construction and operation specifications used to satisfy the requirements in subsection (C)(1).

C. Design and operational requirements.

1. An applicant shall design, construct, and operate the stockpile so that it does not impound water. An applicant may rely on stormwater run-on controls or facility design features, such as drains, or both.

2. An applicant shall direct storm runoff contacting the stockpile to a mine pit or a facility covered by an individual or general permit.

3. A permittee shall maintain any engineered feature of the facility in good working condition.

4. A permittee shall visually inspect the facility at least quarterly and repair any defect as soon as practical.

5. A permittee shall not add hazardous substances to the stockpiled material.

D. Closure requirements. In addition to the closure requirements in R18-9-A306, the following apply:

1. If an intermediate stockpile covered under a 2.02 General Permit is permanently closed, a permittee shall remove any remaining material, to the greatest extent practical, and regrade the area to prevent impoundment of water.

The permittee shall submit a narrative description of closure measures to the Department within 30 days after closure.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-C303 2.03 General Permit: Hydrologic Tracer Studies

A. A 2.03 General Permit allows for a discharge caused by the performance of tracer studies.

1. The 2.03 General Permit does not authorize the use of any hazardous substance, radioactive material, or any substance identified in A.R.S. § 49-243(I) in a tracer study.

2. A permittee shall complete a single tracer test within two years of the Notice of Intent to Discharge.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit:

1. A narrative description of the tracer test including the type and amount of tracer used;

2. A Material Safety Data Sheet for the tracer; and

3. Unless the injection or distribution is within the capture zone of an established passive containment system meeting the requirements of A.R.S. § 49-243(G), the following information:

a. A narrative description of the impacts that may occur if a solution migrates outside the test area, including a list of downgradient users, if any;

b. The anticipated effects and expected concentrations, if possible to calculate; and

c. A description of the monitoring, including types of tests and frequency.

C. Design and operational requirements. A permittee shall:

1. Ensure that injection into a well inside the capture zone of an established passive containment system that meets the requirements of A.R.S. § 49-243(G) does not exceed the total depth of the influence of the hydrologic sink;

2. Ensure that injection into a well outside the capture zone of an established passive containment system that meets the requirements of A.R.S. § 49-243(G) does not exceed rock fracture pressures during injection of the tracer;

3. Not add a substance to a well that is not compatible with the well's construction;

4. Ensure that a tracer is compatible with the construction materials at the impoundment if a tracer is placed or collected in an existing impoundment;

5. For at least two years, monitor quarterly a well that is hydraulically downgradient of the test site for the tracer if a tracer is used outside the capture zone of an established passive containment system that meets the requirements of A.R.S. § 49-243(G) and less than 85 percent of the tracer is recovered. The permittee may adjust this period with the consent of the Department if the permittee shows that the hydraulic gradient causes the tracer to reach the monitoring point in a shorter or longer period of time;

6. Ensure that a tracer does not leave the site in concentrations distinguishable from background water quality; and

Monitor the amount of tracer used and recovered and submit a report summarizing the test and results to the Department within 30 calendar days of test completion.

D. Recordkeeping. A permittee shall retain the following information at the site where the facility is located for at least three years after test completion and make it available to the Department upon request.

1. Test protocols,

2. Material Safety Data Sheet information,

3. Recovery records, and

4. A copy of the report submitted to the Department under subsection (C)(7).

E. Closure requirements.

1. If a tracer was used outside the capture zone of an established passive containment system that meets the requirements of A.R.S. § 49-243(G), a permittee shall account for any tracer not recovered through attenuation, modeling, or monitoring.

2. The permittee shall achieve closure immediately following the test, or if the test area is within a pollutant management area defined in an individual permit, at the conclusion of operations.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-C304 2.04 General Permit: Drywells that Drain Areas at Motor Fuel Dispensing Facilities Where Motor Fuels are Used, Stored, or Loaded

A. A 2.04 General Permit allows for a drywell that drains an area at a facility for dispensing motor fuel, as defined in A.A.C. R20-2-701(19), including a commercial gasoline station with an underground storage tank.

1. A drywell at a motor fuel dispensing facility using hazardous substances is eligible for coverage under the 2.04 General Permit.

2. A drywell at a vehicle maintenance facility owned or operated by a commercial enterprise or by a federal, state, county, or local government is not eligible for coverage under this general permit, unless the facility design ensures that only motor fuel dispensing areas will drain to the drywell. Areas where hazardous substances other than motor fuels are used, stored, or loaded, including service bays, are not covered under the 2.04 General Permit.

3. Definition. For purposes of this Section, "hazardous substances" means substances that are components of commercially packaged automotive supplies, such as motor oil, antifreeze, and routine cleaning supplies such as those used for cleaning windshields, but not degreasers, engine cleaners, or similar products.

B. Notice of Intent to Discharge. In addition to the requirements in R18-9-A301(B), an applicant shall submit:

1. The Class V injection well inventory number for the drywell or documentation that inventory information was submitted to the Department;

2. For a drywell constructed more than 90 days before submitting the Notice of Intent to Discharge to the Department, a certification signed, dated, and sealed by an Arizona-registered professional engineer or geologist that a site investigation concluded that:

a. Analytical results from sampling sediment from the drywell settling chamber sediment for pollutants reasonably expected to be present do not exceed either the residential soil remediation levels or the groundwater protection levels;

b. The settling chamber does not contain sediment that could be used to characterize and compare results to soil remediation levels and the chamber has not been cleaned out within the last six months;

c. Neither a soil remediation level nor groundwater protection level is exceeded in soil samples collected from a boring drilled within 5 feet of the drywell and sampled in 5 foot increments starting at a depth of 5 feet below ground surface and extending to a depth of 10 feet below the base of the drywell injection pipe; or

d. If coarse grained lithology prevents the collection of soil samples in a soil boring, a groundwater investigation demonstrates compliance with Aquifer Water Quality Standards in groundwater at the applicable point of compliance.

3. Design information to demonstrate that the requirements in subsection (C) are satisfied.

C. Design requirements.

1. An applicant shall:

a. Include a flow control or pretreatment device identified in subsections (D)(1) or (2), or both, that removes, intercepts, or collects spilled motor fuel or hazardous substances before stormwater enters the drywell injection pipe;

b. Calculate the volume of runoff generated in the design storm event and anticipate the maximum potential contaminant release quantity to design the treatment and holding capacity of the drywell;

c. Follow local codes and regulations to meet retention periods for removing standing water;

d. Locate the drywell at least 100 feet from a water supply well and 20 feet from an underground storage tank;

e. Locate the bottom of the drywell injection pipe at least 10 feet above groundwater. If during drilling and well installation the drywell borehole encounters saturated conditions, the applicant shall backfill the borehole with cement grout to a level at least 10 feet above the elevation at which saturated conditions were encountered in the borehole before constructing the drywell in the borehole;

f. Record the accurate latitude and longitude of the drywell using a Global Positioning System device or site survey and record the location on the site plans;

g. Clearly mark the drywell "Stormwater Only" on the surface grate or manhole cover;

h. Develop and maintain a current site plan showing the location of the drywell, the latitude and longitude coordinates of the drywell, surface drainage patterns and the location of floor drains and French drains that are plumbed to the drywell or are used to alter drainage patterns, water supply wells, monitor wells, underground storage tanks, and chemical and waste usage, storage, loading, and treatment areas; and

i. Prepare design plans showing details of drywell design and drainage design, including one or a combination of pre-approved technologies described in subsections (D)(1) and (2) designed to remove, intercept, and collect any pollutant that may be present at the operation with the potential to reach the drywell.

2. For an existing drywell, an applicant that cannot meet the design requirements in subsections (C)(1)(d) and (e) shall provide the Department with the date of drywell construction, the depth of the drywell borehole and injection pipe, the distance from the drywell to the nearest water supply well and from the drywell to the underground storage tank, and the depth to the groundwater from the bottom of the drywell injection pipe.

D. Flow control and pretreatment. A permittee shall ensure that motor fuels and other hazardous substances are not discharged to the subsurface. A permittee may use any of the following flow control or pretreatment technologies:

1. Flow control. The permittee shall ensure that motor fuel and hazardous substance spills are removed before allowing stormwater to enter the drywell.

a. Normally closed manual or automatic valve. The permittee shall leave a normally closed valve in a closed position except when stormwater is allowed to enter the drywell;

b. Raised drywell inlet. The permittee shall:

i. Raise the drywell inlet at least six inches above the bottom of the retention basin or other storage structure, or install a six-inch asphalt or concrete raised barrier encircling the drywell inlet to provide a non-draining storage capacity within the retention basin or storage structure for complete containment of a spill; and

ii. Ensure that the storage capacity is at least 110 percent of the volume of the design storm event required by the local jurisdiction and the estimated volume of a potential motor fuel spill based on the facility's past incident reports or incident reports for other facilities that are similar in design;

c. Magnetic mat or cap. The permittee shall ensure that the drywell inlet is sealed with a mat or cap at all times, except after rainfall or a storm event when the mat or cap is temporarily removed to allow stormwater to enter the drywell; and that the mat or cap is always used with a retention basin or other type of storage;

d. Primary sump, interceptor, or settling chamber. The permittee may use a primary sump, interceptor, or settling chamber only in combination with another flow control or pre-treatment technology.

i. The permittee shall remove motor fuel or hazardous substances from the sump, interceptor, or chamber before allowing stormwater to enter the drywell.

ii. The permittee shall install a settling chamber or sump and allow the suspended solids to settle before stormwater flows into a drywell; install the drywell injection pipe in a separate chamber and connect the sump, interceptor, or chamber to the drywell inlet by piping and valving to allow the stormwater to enter the drywell.

iii. The permittee may install fuel hydrocarbon detection sensors in the sump, interceptor, or settling chamber that use flow control to prevent fuel from discharging into the drywell;

Pretreatment. The permittee shall prevent the bypass of motor fuels and hazardous substances from the pretreatment system to the drywell during periods of high flow.

a. Catch basin inlet filter. The permittee shall:

i. Install a catch basin inlet filter to fit inside a catchment drain to prevent motor fuels and hazardous substances from entering the drywell,

ii. Ensure that a motor fuel spill or a spill during a high rainfall does not bypass the system and directly release to the drywell injection pipe, and

iii. Combine the catch basin inlet filter with a flow control technology to prevent contaminated stormwater from entering the drywell injection pipe;

b. Combined settling chamber and an oil/water separator.

i. The permittee shall install a system that incorporates a catch basin inlet, a settling chamber, and an oil/water separator.

ii. The permittee may incorporate a self-sealing mechanism, such as fuel hydrocarbon detection sensors that activate a valve to cut off flow to the drywell inlet.

c. Combined settling chamber and oil/water separator, and filter/adsorption. The permittee shall:

i. Allow for adequate collection and treatment capacity for solid and liquid separation; and

ii. Allow a minimum treated outflow from the system to the drywell inlet of 20 gallons per minute. If a higher outflow rate is anticipated, the applicant shall design a larger collection system with storage capacity.

d. Passive skimmer.

i. If a passive skimmer is used, the permittee shall install sufficient hydrocarbon adsorbent materials, such as pads and socks, or suspend the materials on top of the static water level in a sump or other catchment to absorb the entire volume of expected or potential spill.

ii. The permittee may use a passive skimmer only in combination with another flow control or pre-treatment technology.

E. Operation and maintenance. A permittee shall:

1. Operate the drywell only for the subsurface disposal of stormwater;

2. Remove or treat any motor fuel or hazardous substance spills;

Replace the adsorbent material in skimmers, if installed; when the adsorbent capacity is reached;

4. Maintain valves and associated piping;

Maintain magnetic caps and mats, if installed;

6. Remove sludge from the oil/water separator and replace the filtration or adsorption materials to maintain treatment capacity;

7. Remove sediment from the catch basin inlet filters and retention basins to maintain required storage capacity;

8. Remove accumulated sediment from the settling chamber annually or when 25 percent of the effective settling capacity is filled, whichever occurs first; and

9. Provide new employee training within one month of hire and annual employee training on how to maintain and operate flow control and pretreatment technology used in the drywell.

F. Inspection. A permittee shall:

1. Conduct an annual inspection of the drywell for sediment accumulation in the chambers and in the flow control and treatment systems to ensure that the drywell is functioning properly; and

2. If the stormwater fails to drain through the drywell within 36 hours, inspect the treatment system and piping to ensure that it is functioning properly, make repairs, and perform maintenance as needed to restore proper function.

G. Recordkeeping. A permittee shall maintain, for at least 10 years, the following documents on-site or at the closest place of work and make the documents available to the Department upon request:

1. Documentation of drywell maintenance, inspections, employee training, and sampling activities;

2. A site plan showing the location of the drywell, the latitude and longitude coordinates of the drywell, surface drainage patterns and the location of floor drains or French drains that are plumbed to the drywell or are used to alter drainage patterns, water supply wells, monitor wells, underground storage tanks, and places where motor fuel and hazardous substances are used, stored, or loaded;

3. A design plan showing details of drywell design and drainage design, including one or a combination of the pre-approved flow control and pretreatment technologies;

4. An operations and maintenance manual that includes:

a. Procedures to prevent and contain spills and minimize any discharge to the drywell and a list of actions and specific methods proposed for motor fuel and hazardous substance spills or leaks;

b. Methods and procedures for inspection, operation, and maintenance activities;

c. Procedures for spill response; and

d. A description of the employee training program for drywell inspections, operations, and maintenance;

5. Drywell sediment waste characterization and disposal manifest records for sediments removed during routine inspections and maintenance activities; and

6. Sampling plans, certified laboratory reports, and chain of custody forms for soil, sediment, and groundwater sampling associated with drywell site investigations.

H. Spills.

1. In the event of a spill, a permittee shall:

a. Notify the Department within 24 hours of any spill of motor fuel or hazardous or toxic substances that enters into the drywell inlet;

b. Contain, clean up, and dispose of, according to local, state, and federal requirements, any spill or leak of motor fuel or hazardous substance in the drywell drainage area and basin drainage area;

c. If a pretreatment system is present, verify that treatment capacity has not been exceeded; and

d. If the spill reaches the injection pipe, drill a soil boring within 5 feet of the drywell inlet chamber and sample in 5-foot increments from 5 feet below ground surface to a depth extending at least 10 feet below the base of the injection pipe to determine whether a soil remediation level or groundwater protection level has been exceeded in the subsurface. The permittee shall:

i. Submit the results to the Department within 60 days of the date of the spill; and

ii. Notify the Department if soil contamination at the facility, not related to the spill, is being addressed by an existing approved remedial action plan.

2. The Director may, based on the results of subsection (H)(1)(d), require the permittee to submit an application for clean closure or an individual Aquifer Protection Permit.

I. Closure and decommissioning requirements.

1. A permittee shall:

a. Retain a drywell drilling contractor, licensed under 4 A.A.C. 9, to close the drywell;

b. Remove sediments and any drainage component, such as standpipes and screens from the drywell's settling chamber and backfill the injection pipe with cement grout;

c. Remove the settling chamber;

d. Backfill the settling chamber excavation to the land surface with clean silt, clay, or engineered material. A permittee shall not use materials containing hazardous substances in backfilling the drywell; and

e. Mechanically compact the backfill.

Within 30 days of closure and decommissioning, the permittee shall submit a written verification to the Department that all material that contributed to a discharge has been removed and any reasonable probability of further discharge from the facility and of exceeding any Aquifer Water Quality Standard at the applicable point of compliance has been eliminated to the greatest degree practical. The written verification shall specify:

a. The reason for the closure;

b. The Class V injection well inventory number or;

c. The general permit reference number;

d. The materials and methods used to close the drywell;

e. The name of the contractor who performed the closure;

f. The completion date;

g. Any sampling data;

h. Sump construction details, if a sump was constructed to replace the abandoned drywell; and

i. Any other information necessary to verify that closure has been achieved.

History

• New Section made by final rulemaking at 8 A.A.R. 4096, effective September 15, 2002 (Supp. 02-3). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-C305 2.05 General Permit: Capacity, Management, Operation, and Maintenance of a Sewage Collection System

A. Definition. For purposes of this Section, "imminent and substantial threat to public health or the environment" means when:

1. The volume of a release is more than 2000 gallons; or

2. The volume of a release is more than 50 gallons but less than 2000 gallons and any one of the following apply:

a. The release entered onto a recognized public area and members of the public were present during the release or before the release was mitigated;

b. The release occurred on a public or private street and pedestrians were at risk of being splashed by vehicles during the release or before the release was mitigated;

c. The release entered a perennial stream, an intermittent stream during a time of flow, a waterbody other than an ephemeral stream, a normally dry detention or sedimentation basin, or a drywell;

d. The release occurred within an occupied building due to a condition in the permitted sewage collection system; or

e. The release occurred within 100 feet of a school or a public or private drinking water supply well.

B. A 2.05 General Permit allows a permittee to manage, operate, and maintain a sewage collection system under the terms of a CMOM Plan that complies with subsection (D). The Department considers a sewage collection system operating in compliance with an AZPDES permit that incorporates provisions for capacity, management, operation, and maintenance of the system to comply with the provisions of the 2.05 General Permit regardless of whether a Notice of Intent to Discharge for the system was submitted to the Department.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit:

1. The name and ownership of any downstream sewage collection system and sewage treatment facility that receives sewage from the applicant's sewage collection system;

2. A map of the service area for which general permit coverage is sought, showing streets and sewage service boundaries for the sewage collection system;

3. A statement indicating that the CMOM Plan is in effect and the principal officer or ranking elected official of the sewage collection system has approved the plan; and

4. A statement indicating whether a local ordinance requires an on-site wastewater treatment facility to hookup to the sewage collection system.

D. CMOM Plan.

1. A permittee shall continuously implement a CMOM Plan for the sewage collection system under the permittee's ownership, management, or operational control. The CMOM Plan shall include information to comply with subsection (E)(1) and instructions on:

a. How to properly manage, operate, and maintain all parts of the sewage collection system that are owned or managed by the permittee or under the permittee's operational control, to meet the performance requirements in R18-9-E301(B);

b. How to maintain sufficient capacity to convey the base flows and peak wet weather flow of a 10-year, 24-hour storm event for all parts of the collection system owned or managed by the permittee or under the permittee's operational control;

c. All reasonable and prudent steps to minimize infiltration to the sewage collection system;

d. All reasonable and prudent steps to stop all releases from the collection system owned or managed by the permittee or under the permittee's operational control; and

e. The procedure for reporting releases described in subsection (F).

2. The permittee shall maintain and update the CMOM Plan for the duration of this general permit and make it available for Department and public review.

3. If the Department requests the CMOM Plan and upon review finds that the CMOM Plan is deficient, the Department shall:

a. Notify the permittee in writing of the specific deficiency and the reason for the deficiency, and

b. Establish a deadline of at least 60 days to allow the permittee to correct the deficiency and submit the amended provision to the Department for approval.

E. Sewage release response determination. If the sewage collection system releases sewage, the Director shall consider any of the following factors in determining compliance:

1. Sufficiency of the CMOM Plan.

a. The level of detail provided by the CMOM Plan is appropriate for the size, complexity, and age of the system;

b. The level of detail provided by the CMOM Plan is appropriate considering geographic, climatic, and hydrological factors that may influence the sewage collection system;

c. The CMOM Plan provides schedules for the periodic preventative maintenance of the sewage collection system, including cleaning of all reaches of the sewage collection system below a specified pipe diameter.

i. The CMOM Plan may allow inspection of sewer lines by Closed Circuit Television (CCTV) and postponement of cleaning to the next scheduled cleaning cycle if the CCTV inspection indicated that cleaning of a reach of the sewer is not needed.

ii. The CMOM Plan may specify inspection and cleaning schedules that differ according to pipe diameter or other characteristics of the sewer;

d. The CMOM Plan identifies components of the sewage collection system that have insufficient capacity to convey, when properly maintained, the peak wet weather flow of a 10-year, 24-hour storm event. For those identified components, a capital improvement plan exists for achieving sufficient wet weather flow capacity within ten years of the effective date of permit coverage;

e. The CMOM Plan includes an overflow emergency response plan appropriate to the size, complexity, and age of the sewage collection system considering geographic, climatic, and hydrological factors that may influence the system;

f. The CMOM Plan establishes a procedure to investigate and enforce against any commercial or industrial entity whose flows to the sewage collection system have caused or contributed to a release;

g. The CMOM Plan adequately addresses management of flows from upstream sewage collection systems not under the ownership, management, or operational control of the permittee; or

h. Any other factor necessary to determine if the CMOM Plan is sufficient;

2. Compliance with the CMOM Plan.

a. The permittee's response to releases as established in the overflow emergency response plan, including whether:

i. Maintenance staff responds to and arrive at the release within the time period specified in the plan;

ii. Maintenance staff follow all written procedures to remove the cause of the release;

iii. Maintenance staff contain, recover, clean up, disinfect, and otherwise mitigate the release of sewage; and

iv. Required notifications to the Department, public health agencies, drinking water suppliers, and the public are provided;

b. The permittee's activities and timeliness in:

i. Implementing specified periodic preventative maintenance measures;

ii. Implementing the capital improvement plan; and

iii. Investigating and enforcing against an upstream sewage collection system, not under the ownership and operational control of the permittee, if those systems are impediments to the proper management of flows in the permittee's sewage collection system; or

c. Any other factor necessary to determine CMOM Plan compliance;

3. Compliance with the reporting requirements in subsection (F) and the public notice requirements in subsection (G); or

4. The release substantially endangers public health or the environment.

F. Reporting requirements.

1. Sewage releases.

a. A permittee shall report to the Department, by telephone, facsimile, or on the applicable notification form on the Department's Internet web site, any release that is an imminent and substantial threat to public health or the environment as soon as practical, but no later than 24 hours of becoming aware of the release.

b. A permittee shall submit a report to the Department within five business days after becoming aware of a release that is an imminent and substantial threat to public health or the environment. The report shall include:

i. The location of the release;

ii. The sewage collection system component from which the release occurred;

iii. The date and time the release began, was stopped, and when mitigation efforts were completed;

iv. The estimated number of persons exposed to the release, the estimated volume of sewage released, the reason the release is considered an imminent and substantial threat to public health or the environment if the volume is 2000 gallons or less, and where the release flowed;

v. The efforts made by the permittee to stop, contain, and clean up the released material;

vi. The amount and type of disinfectant applied to mitigate any associated public health or environmental risk; and

vii. The cause of the release or effort made to determine the cause and any effort made to help prevent a future reoccurrence.

2. Annual report. The permittee shall:

a. Submit an annual report to the Department postmarked no later than March 1. The report shall:

i. Tabulate all releases of more than 50 gallons from the permitted sewage collection system;

ii. Provide the date of any release that is an imminent and substantial threat to public health or the environment; and

iii. For other reportable releases under subsection (F)(2)(a)(i), provide the information in subsection (F)(1)(b);

b. Provide an amended map of the service area boundaries if, during the calendar year, any area was removed from the service area or if any area was added to the service area that the permittee wishes to include under the 2.05 General Permit and associated CMOM Plan.

G. Public notice. The permittee shall:

1. Post a notice, in a format approved by the Department, at any location where there were more than three reportable releases under subsection (F)(2)(a) from the sewage collection system during any 12-month period,

2. Include within the notice a warning that identified the releases or potential releases at the location and potential health hazards from any release,

3. Post the notice at a place where the public is likely to come in contact with the release, and

4. Maintain the postings until no releases from the location are reported for at least 12 months from the last release and the permittee followed all actions specified in the CMOM Plan to prevent releases at that location during the period.

History

• New Section made by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-C306 2.06 General Permit: Fish Hatchery Discharge to a Perennial Surface Water

A. A 2.06 General Permit allows a fish hatchery to discharge to a perennial surface water if Aquifer Water Quality Standards are met at the point of discharge and the fish hatchery is operating under a valid AZPDES permit.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall provide:

1. The applicable AZPDES permit number;

2. A description of the facility; and

A laboratory report characterizing the wastewater discharge, including the analytical results for all numeric Aquifer Water Quality Standards under R18-11-406.

C. Design and operational requirements. An applicant shall:

1. Collect a representative sample of the discharge to demonstrate compliance with all numeric Aquifer Water Quality Standards and make the results available to the Department upon request, and

2. Maintain a record of the average and daily flow rates and make it available to the Department upon request.

History

• New Section made by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). PART D. TYPE 3 GENERAL PERMITS

Article 6 UNDERGROUND INJECTION CONTROL

Part C AUTHORIZATION BY PERMIT FOR UNDERGROUND INJECTION

Ariz. Admin. Code § R18-9-C616 Individual Permits; Application for Individual Permits

A. Unless an underground injection well is authorized by rule under R18-9-I650, all injection activities including construction of an injection well are prohibited until the owner or operator is authorized by permit. Authorization by rule for a well or project that has submitted a permit application terminates for the well or project upon the effective date of the permit. Procedures for applications, issuance, and administration of emergency permits are found exclusively under R18-9-C625.

B. When a facility or activity is owned by one person but is operated by another person, it is the operator's duty to obtain a permit.

C. Any person who performs or proposes an underground injection for which a permit is or will be required shall submit an application to the Director in accordance with the Arizona UIC program as follows:

1. For existing wells, as expeditiously as practicable.

2. For new injection wells, except new wells authorized by an existing area permit under R18-9-C624(C), at a reasonable time before construction is expected to begin.

D. All applicants for Class I, II, III, and V permits shall provide the following information to the Director, using the application form provided by the Director. Applicants for Class VI permits shall follow the criteria provided in R18-9-J657 .

1. Activities conducted by the applicant which require a permit;

2. Name, mailing address, and location of the facility for which the application is submitted;

3. Up to four NAICS codes which best reflect the principal products or services provided by the facility;

4. The operator's name, address, telephone number, ownership status, and status as Federal, State, private, public, or other entity;

5. A listing of all state and federal environmental permits or construction approvals received or applied for and other relevant environmental permits;

6. A topographic map (or other map if a topographic map is unavailable) extending one mile beyond the property boundaries of the source depicting the facility and each of its intake and discharge structures; each of its hazardous waste treatment, storage, or disposal facilities; each well where fluids from the facility are injected underground; and those wells, springs, and other surface water bodies, and drinking water wells listed in public records or otherwise known to the applicant within a quarter mile of the facility property boundary;

7. A brief description of the nature of the business;

8. A plugging and abandonment plan that meets the requirements of R18-9-B614 and is acceptable to the Director;

9. A listing of any historic property or potential historic property as defined by R12-8-301.

E. Applicants shall keep records of all data used to complete permit applications and any supplemental information submitted under this Section for a period of at least three years from the date the application is signed.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C617 Signatories

A. All permit applications, except those submitted for Class II wells, shall be signed as follows:

1. For a corporation: by a responsible corporate officer. For the purpose of this Section, a responsible corporate officer means:

a. A president, secretary, treasurer, or vice president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

b. The manager of one or more manufacturing, production, or operating facilities employing more than 250 persons or having gross annual sales or expenditures exceeding $25 million, if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

For a Partnership or sole proprietorship: by a general Partner or the proprietor, respectively; or

3. For a municipality, State, Federal, or other public agency: by either a principal executive officer or ranking elected official. For purposes of this Section, a principal executive officer of a Federal agency includes:

a. The chief executive officer of the agency; or

b. A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency.

B. All reports required by permits, other information requested by the Director, and all permit applications submitted for Class II wells under R18-9-C616 shall be signed by a person described in subsection (A) of this Section, or by a duly authorized representative of that person. A person is a duly authorized representative only if:

1. The authorization is made in writing by a person described in subsection (A) of this Section;

2. The authorization specifies either an individual or a position having responsibility for the overall operation of the regulated facility or activity, such as the position of plant manager, operator of a well or a well field, superintendent, or position of equivalent responsibility; and

3. The written authorization is submitted to the Director.

C. If an authorization under subsection (B) of this Section is no longer accurate because a different individual or position has responsibility for the overall operation of the facility, a new authorization satisfying the requirements of subsection (B) of this Section must be submitted to the Director prior to or together with any reports, information, or applications to be signed by an authorized representative.

D. Any person signing a document under subsection (A) or (B) of this Section shall make the following certification:

I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C618 Draft Permits

A. Once an application is complete, the Director shall tentatively decide whether to prepare a draft permit or to deny the application.

B. If the Director tentatively decides to deny the permit application, they shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under this section. If the Director's final decision is that the tentative decision to deny the permit application was incorrect, they shall withdraw the notice of intent to deny and proceed to prepare a draft permit under subsection (D) of this section.

C. If the Director decides to prepare a draft permit, it shall contain the following information, to the extent applicable:

1. All conditions under R18-9-D635;

2. All compliance schedules under R18-9-D637;

3. All monitoring requirements under R18-9-D638; and

4. Permit conditions under R18-9-D636.

D. All draft permits prepared under this Section shall be accompanied by a brief summary of the basis for the draft permit conditions or the intent to deny, including references to applicable statutory or regulatory provisions and a fact sheet pursuant to R18-9-C619 . The Director shall provide the applicant with the draft permit and the fact sheet and allow reasonable time for informal comment by the applicant prior to publicly noticing the draft permit and fact sheet. The Director shall give notice of opportunity for a public hearing and public comment, issue a final permit decision, and respond to comments.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C619 Fact Sheet

A. A fact sheet shall be prepared for every draft permit for a UIC facility or activity. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological, and policy questions considered in preparing the draft permit. The Director shall send the fact sheet to the applicant and, on request, to any other person.

B. The fact sheet shall include, when applicable:

1. A brief description of the type of facility or activity that is the subject of the draft permit.

2. The type and quantity of wastes, fluids, or pollutants that are proposed to be or are being injected.

3. A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record.

4. Reasons why any requested variance or alternatives to required standards do or do not appear justified.

5. A description of the procedures for reaching a final decision on the draft permit, including:

a. The beginning and ending dates of the comment period under R18-9-C620 and the address where comments will be received;

b. Procedures for requesting a hearing and the nature of that hearing; and

c. Any other procedures by which the public may Participate in the final decision.

6. The name and telephone number of a person to contact for additional information.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C620 Public Notice of Permit Actions and Public Comment Period

A. The Director shall give public notice that the following actions have occurred:

1. A draft permit that has been prepared under R18-9-C618 and

2. A hearing has been scheduled under R18-9-C622.

B. Public notices may describe more than one permit or permit action.

C. Public notice of the preparation of a draft permit required under subsection (A) of this Section:

1. Shall allow at least 30 days for public comment; and

2. Shall be given at least 30 days before the hearing date.

D. Public notice of activities described in subsection (A) shall be given by the following methods:

1. Delivery of a copy of the notice to:

a. The applicant;

b. Any affected federal, state, tribal, or local agency, or council of government;

c. Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, and the State Historic Preservation Office;

d. Any person who requested, in writing, notification of the activity;

e. Any persons on a contact list developed from past permit proceedings and public outreach; and

f. State and local oil and gas regulatory agencies and State agencies regulating mineral exploration and recovery and all agencies that oversee injection wells in the State for Classes I and VI injection well UIC permits.

2. For Major Facilities only, newspaper publication in accordance with A.A.C. R18-1-401(A)(1).

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022. Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-C621 Public Comments and Requests for Public Hearings

During the public comment period provided under R18-9-C620, any interested person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in R18-9-C623.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C622 Public Hearings

A. The Director shall hold a public hearing whenever they find, on the basis of a request, a significant degree of public interest in a draft permit or permits.

B. The Director may also hold a public hearing at their discretion such as when a hearing might clarify one or more issues involved in the permit decision. The Director may designate a presiding officer if a hearing is held.

C. Public notice of the hearing shall be given as specified in R18-9-C620.

D. Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under R18-9-C620 shall automatically be extended to the close of any public hearing under this Section. The hearing officer may also extend the comment period by so stating at the hearing.

E. An audio recording or written transcript of the hearing shall be made available to the public upon request.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C623 Response to Comments

A. At the time that any final permit is issued under R18-9-C627, the Director shall issue a response to comments. This response shall:

1. Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and

2. Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.

B. The response to comments shall be available to the public.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C624 Area Permits

A. The Director may issue a permit on an area basis, rather than for each well individually, provided that the permit is for injection wells:

1. Described and identified by location in permit application or applications if they are existing wells, except that the Director may accept a single description of wells with substantially the same characteristics;

2. Within the same well field, facility site, reservoir, project, or similar unit located in Arizona;

3. Operated by a single owner or operator;

4. Used to inject fluids other than hazardous waste; and

5. Other than Class VI wells.

B. Area permits shall specify:

1. The area within which underground injections are authorized; and

The requirements for construction, monitoring, reporting, operation, and abandonment, for all wells authorized by the permit.

C. The area permit may authorize the permittee to construct and operate, convert, or plug and abandon wells within the permit area provided:

1. The permittee notifies the Director at such time as the permit requires;

2. The additional well satisfies the criteria in subsection (A) of this Section and meets the requirements specified in the permit under subsection (B) of this Section; and

3. The cumulative effects of drilling and operation of additional injection wells are considered by the Director during evaluation of the area permit application and are acceptable to the Director.

D. If the Director determines any well that is constructed pursuant to subsection (C) of this Section does not satisfy any of the requirements of subsections (C)(1) and (2) of this Section the Director may modify the permit under R18-9-C632, terminate under R18-9-C634, or take enforcement action. If the Director determines that cumulative effects are unacceptable, the permit may be modified under R18-9-C632.

History

• New Section made by final rulemaking at 28 A.A.R. 1903, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C625 Emergency Permits

A. Notwithstanding any other provision of this Article, the Director may temporarily permit a specific underground injection if:

1. An imminent and substantial endangerment to the health of persons will result unless a temporary emergency permit is granted; or

2. A substantial and irretrievable loss of oil or gas resources will occur unless a temporary emergency permit is granted to a Class II well; and

a. Timely application for a permit could not practicably have been made; and

b. The injection will not result in the movement of fluids into USDWs; or

3. A substantial delay in production of oil or gas resources will occur unless a temporary emergency permit is granted to a new Class II well and the temporary authorization will not result in the movement of fluids into an USDW.

B. Requirements for issuance.

1. Any temporary permit under subsection (A)(1) of this Section shall be for no longer term than required to prevent the hazard.

2. Any temporary permit under subsection (A)(2) of this Section shall be for no longer than 90 days, except that if a permit application has been submitted prior to the expiration of the 90-day period, the Director may extend the temporary permit until final action on the application.

3. Any temporary permit under subsection (A)(3) of this Section shall be issued only after a complete permit application has been submitted and shall be effective until final action on the application.

4. Notice of any temporary permit under this Section shall be published in accordance with R18-9-C621 within 10 days of the issuance of the permit.

5. The temporary permit under this Section may be either oral or written. If oral, it must be followed within five calendar days by a written temporary emergency permit.

6. The Director shall condition the temporary permit in any manner they determine is necessary to ensure that the injection will not result in the movement of fluids into an USDW.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C626 Effect of a Permit

A. Except for Class II and III wells, compliance with a permit during its term constitutes compliance, for purposes of enforcement, with this Article and Part C of the SDWA. However, a permit may be modified, revoked and reissued, or terminated during its term for cause as set forth in R18-9-C632 and R18-9-C634 .

B. The issuance of a permit does not convey any property rights of any sort, or any exclusive privilege.

C. The issuance of a permit does not authorize any injury to persons or property or invasion of other private rights, or any infringement of State or local law or regulations.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C627 Final Permit Decision and Notification

A. Issuance of a final permit decision by the Director shall be accompanied by the permit and an updated fact sheet per R18-9-C619, if applicable, and a notification to the applicant and each person who has submitted written comments or requested notice of the final permit decision. The notice and hearing procedures are subject to either Title 41, Chapter 6, Article 10, or Title 49, Chapter 2, Article 7 of the A.R.S.

B. The notice shall include:

1. If applicable, the reasons for the denial, revocation or termination, including reference to the statutes or rules on which the decision is based.

2. A description of the party's right to request a hearing and a reference to the procedures for appealing the final permit decision, including the number of days within which an appeal may be filed and the name and telephone number of the Department contact person who can answer questions regarding the appeals process.

3. A reference to the applicant's right to request an informal settlement conference under A.R.S. § 41-1092.06.

C. If the final permit decision is based on a determination by the Director that the applicable criteria under R18-9-A606 are not satisfied, then that determination may be included as part of the appeal.

D. The final permit decision shall take effect 30 days after its issuance in accordance with the notification requirements of subsection A of this Section unless stayed pursuant to Title 41, Chapter 6, Article 10, or Title 49, Chapter 2, Article 7 of the A.R.S.

E. If, under this Article, the issuance, modification, or revocation and reissuance of a permit necessitates a new aquifer exemption or enlargement of a previously approved aquifer exemption, then the issuance, modification, or revocation and reissuance of the permit is appealable, but shall not become effective unless the new aquifer exemption or enlargement of the previously approved aquifer exemption has been approved by the Administrator.

F. If, under this Article, the issuance, modification, or revocation and reissuance of a permit necessitates an injection depth waiver pursuant to R18-9-J670 of this Article then the issuance, modification, or revocation and reissuance of the permit is appealable, but shall not become effective until the Director is in receipt of written concurrence from the Administrator.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C628 Permit Duration

A. Permits for Class I and Class V wells shall be effective for a fixed term not to exceed 10 years. UIC permits for Class II and III wells shall be issued for a period up to the operating life of the facility. UIC permits for Class VI wells shall be issued for the operating life of the facility and the post-injection site care period. The Director shall review each issued Class II, III, and VI well UIC permit at least once every five years to determine whether it should be modified, revoked and reissued, terminated, or a minor modification made as provided in R18-9-C632 .

B. Except as provided in R18-9-C629, the term of a permit shall not be extended by modification beyond the maximum duration specified in this Section.

C. The Director may issue any permit for a duration that is less than the full allowable term under this Section.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C629 Continuation of Expiring Permits

A. The conditions of an expiring permit continue in force under A.R.S. § 41-1092.11(A) until the effective date of a new permit if:

1. The permittee has submitted a timely application that is a complete application for a new permit; and

2. The Director, through no fault of the permittee, does not issue a new permit with an effective date on or before the expiration date of the prior permit.

B. Permits continued under this Section remain fully effective and enforceable.

C. When the permittee is not in compliance with the conditions of the expiring or expired permits the Director may choose to do any or all of the following:

Initiate enforcement action based upon the permit that has been continued;

2. Issue a notice of intent to deny the new permit. If the permit is denied, the owner or operator would then be required to cease the activities authorized by the continued permit or be subject to enforcement action for operating without a permit;

3. Issue a new permit under this Article with appropriate conditions; or

4. Take other action as authorized under this Article.

D. Upon the effective date of EPA's approval of Arizona's UIC program, the Department shall administer any permit authorized or issued under the EPA UIC program in the state of Arizona, excluding Indian lands. The Director may continue expired or expiring EPA-issued UIC permits until the effective date of a new state-issued UIC permit.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C630 Permit Transfer

A. Except as provided in subsection (B) of this Section, a permit may be transferred by the permittee to a new owner or operator only if the permit has been modified or revoked and reissued under R18-9-C632(F)(2), or a minor modification made under R18-9-C633(4), to identify the new permittee and incorporate such other requirements as may be necessary under this Article the Safe Drinking Water Act.

B. As an alternative to transfers under subsection (A) of this Section, any UIC permit for a well not injecting hazardous waste or injecting carbon dioxide for geological sequestration may be automatically transferred to a new permittee if:

1. The current permittee notifies the Director at least 30 days in advance of the proposed transfer date referred to in subsection (B)(2) of this Section;

2. The notice includes a written agreement between the existing and new permittees containing a specific date for transfer or permit responsibility, coverage, and liability between them, and the notice demonstrates that the financial responsibility requirements of R18-9-D636(A)(6) will be met by the new permittee; and

3. The Director does not notify the existing permittee and the proposed new permittee of the Director's intent to modify or revoke and reissue the permit. A modification under this Section may also be a minor modification under R18-9-C633 . If this notice is not received, the transfer is effective on the date specified in the agreement mentioned in subsection (B)(2) of this Section.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C631 Modification; Revocation and Reissuance; or Termination of Permits

A. Permits may only be modified or revoked and reissued pursuant to R18-9-C632 or terminated pursuant to R18-9-C634 either at the request of any interested person, including the permittee, or upon the Director's initiative. All requests shall be made in writing and shall contain facts or reasons supporting the request.

B. If the Director decides a request to modify, revoke and reissue, or terminate is not justified, they shall send the requestor a brief written response giving a reason for the decision. Denial of a request to terminate does not require a notice of intent to deny. Denial of a request for modification or revocation and reissuance requires a notice of intent to deny only when the request is made by the permittee, the scope of the request has not previously been requested and denied and the request is not for a minor modification. A notice of intent to deny is a type of draft permit which shall follow the same procedures as any draft permit prepared pursuant to R18-9-C618.

C. If the Director preliminarily decides to modify or revoke and reissue a permit under R18-9-C632, they shall prepare a draft permit under R18-9-C618 incorporating the proposed changes and notify the permittee in writing of the reason for the preliminary decision to modify or revoke and reissue a permit with reference to the statute or rule on which the decision is based. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. The Director shall require the submission of a new application in the case of revoked and reissued permits.

D. In a permit modification under this Section, only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. When a permit is revoked and reissued under this Section, the entire permit is reopened just as if the permit had expired and was being reissued. During any modification or revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is issued.

E. Minor modifications pursuant to R18-9-C633 are not subject to the requirements of this Section.

F. If the Director preliminarily decides to terminate under R18-9-C634(A)(1), (2) or (3), the Director shall issue a notice of intent to terminate that identifies the reason for the preliminary decision to terminate with reference to the statute or rule on which the decision is based. A notice of intent to terminate is not required when a permittee requests termination under R18-9-C634(A)(4) . A notice of intent to terminate is a type of draft permit which shall follow the same procedures as any draft permit prepared pursuant to R18-9-C618.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C632 Modification; Revocation and Reissuance of Permits

A. When the Director receives any information (for example, inspects the facility, receives information submitted by the permittee as required in the permit, receives a request for modification or revocation and reissuance under R18-9-C631, or conducts a review of the permit file) they may determine whether or not one or more of the causes listed in subsections (E) and (F) of this Section for modification or revocation and reissuance or both exist.

B. If cause exists, the Director may modify or revoke and reissue the permit accordingly, subject to the limitations of subsection (G) of this Section, and may request an updated application if necessary.

C. If cause does not exist under this Section or R18-9-C633, the Director shall not modify or revoke and reissue the permit.

D. If a permit modification satisfies the criteria in R18-9-C633 for "minor modifications" the permit may be modified without a draft permit or public review. Otherwise, a draft permit must be prepared and other procedures under this Article must be followed.

E. For Class II, Class III or Class VI wells the following may be causes for revocation and reissuance as well as modification; and for all other wells the following may be cause for revocation or reissuance as well as modification when the permittee requests or agrees:

There are material and substantial alterations or additions to the permitted facility or activity which occurred after permit issuance which justify the application of permit conditions that are different or absent in the existing permit.

2. Permits other than for Class II and III wells may be modified during their terms for this cause only if the information was not available at the time of permit issuance, other than revised regulations, guidance, or test methods, and would have justified the application of different permit conditions at the time of issuance. For UIC area permits under R18-9-C624, this cause shall include any information indicating that cumulative effects on the environment are unacceptable.

3. The standards or regulations on which the permit was based have been changed by promulgation of new regulations or by judicial decision after the permit was issued. Permits other than those for Class II, Class III or Class VI wells may be modified during their permit terms for this cause only as follows:

a. For promulgation of amended standards or regulations, when:

i. The permit condition requested to be modified was based on a regulation promulgated under this Article;

ii. ADEQ has revised, withdrawn, or modified that portion of the regulation on which the permit condition was based, and

iii. A permittee requests modification in accordance with R18-9-C631 within 90 days after Arizona Administrative Register notice of the ADEQ action on which the request is based.

b. For judicial decisions, a court of competent jurisdiction has remanded and stayed ADEQ promulgated regulations if the remand and stay concern that portion of the regulations on which the permit condition was based and a request is filed by the permittee in accordance with R18-9-C631 within 90 days of judicial remand.

4. The Director determines if good cause exists for modification of a compliance schedule. Good cause includes unforeseen circumstances, like a strike, a flood, a materials shortage or other events over which the permittee has little or no control and for which there is no reasonably available remedy. See also R18-9-C633 (minor modifications).

5. Additionally, for Class VI wells, whenever the Director determines that permit changes are necessary based on:

a. Area of review reevaluations under R18-9-J659(E)(1);

b. Any amendments to the testing and monitoring plan under R18-9-J665(10);

c. Any amendments to the injection well plugging plan under R18-9-J667(C);

d. Any amendments to the post-injection site care and site closure plan under R18-9-J668(A)(3);

e. Any amendments to the emergency and remedial response plan under R18-9-J669(D); or

f. A review of monitoring and/or testing results conducted in accordance with permit requirements.

F. The following are causes to modify or, alternatively, revoke and reissue a permit:

1. Cause exists for termination under R18-9-C634, and the Director determines that modification or revocation and reissuance is appropriate.

2. The Director has received notification of a proposed transfer of the permit. A permit also may be modified to reflect a transfer after the effective date of an automatic transfer under R18-9-C630(B) but will not be revoked and reissued after the effective date of the transfer except upon the request of the new permittee.

3. A determination that the waste being injected is a hazardous waste as defined in A.R.S. § 49-921 either because the definition has been revised, or because a previous determination has been changed.

G. Suitability of the facility location will not be considered at the time of permit modification or revocation and reissuance unless new information or standards indicate that a threat to human health or the environment exists which was unknown at the time of permit issuance.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C633 Minor Modifications of Permits

Upon the consent of the permittee, the Director may modify a permit to make the corrections or allowances for changes in the permitted activity listed in this Section, without following the procedures of this Article. Any permit modification not processed as a minor modification under this Section must be made for cause and with a draft permit and public notice as required by R18-9-C632 . Minor modifications may only:

1. Correct typographical errors;

2. Require more frequent monitoring or reporting by the permittee;

3. Change an interim compliance date in a schedule of compliance, provided the new date is not more than 120 days after the date specified in the existing permit and does not interfere with attainment of the final compliance date requirement;

4. Allow for a change in ownership or operational control of a facility where the Director determines that no other change in the permit is necessary, provided that a written agreement containing a specific date for transfer of permit responsibility, coverage, and liability between the current and new permittees has been submitted to the Director;

5. Change quantities or types of fluids injected which are within the capacity of the facility as permitted and, in the judgment of the Director, would not interfere with the operation of the facility or its ability to meet conditions described in the permit and would not change its classification;

6. Change construction requirements approved by the Director pursuant to R18-9-D636(A)(1), provided that any such alteration shall comply with the requirements of this Article;

7. Amend a plugging and abandonment plan that has been updated under R18-9-D636(A)(5); or

8. Amend a Class VI injection well testing and monitoring plan, plugging plan, post-injection site care and site closure plan, or emergency and remedial response plan where the modifications merely clarify or correct the plan, as determined by the Director.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-C634 Termination of Permits

A. The Director may terminate a permit during its term, or deny a permit renewal application for the following causes:

1. Noncompliance by the permittee with any condition of the permit;

2. The permittee's failure in the application or during the permit issuance process to disclose fully all relevant facts, or the permittee's misrepresentation of any relevant facts at any time; or

3. A determination that the permitted activity endangers human health or the environment and can only be regulated to acceptable levels by permit modification or termination; or

4. The permittee has requested termination of their permit due to the completion of the terms and conditions therein, including proper abandonment or plugging pursuant to R18-9-B614.

B. The Director shall follow the applicable procedures as required under R18-9-C631(F) in terminating any permit under this Section.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Article 7 USE OF RECYCLED WATER

Part C RECYCLED INDUSTRIAL WASTEWATER

Ariz. Admin. Code § R18-9-C701 Recycled Water Individual Permit for Industrial Wastewater That Is Reused

A. The following activities are prohibited unless a Recycled Water Individual Permit is obtained under R18-9-A703:

1. Use of reclaimed water from a sewage treatment facility that is combined with industrial wastewater or water from an industrial wastewater treatment facility.

2. Use of reclaimed water from an industrial wastewater treatment facility for production or processing of a crop or substance that may be used as human or animal food.

B. In addition to the requirements in R18-A703(A), an application for a Recycled Water Individual Permit shall include:

1. Each source of the industrial wastewater with Standard Industrial Code or North American Industry Classification System Code, and the projected rates and volumes from each source;

2. The chemical, biological, and physical characteristics of the industrial wastewater from each source; and

3. If reclaimed water will be used in the processing of any crop or substance that may be used as human or animal food, the information regarding food safety and any potential adverse health effects of this direct reuse.

History

• Former Section R9-20-407 repealed, new Section R9-30-407 adopted effective May 24, 1985 (Supp. 85-3). Former Section R9-20-407 renumbered without change as Section R18-9-707 (Supp. 87-3). Section repealed; new Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-707 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Article 8 ADVANCED WATER PURIFICATION

Part C PRE-PERMIT AND PERMIT REQUIREMENTS

Ariz. Admin. Code § R18-9-C812 Pre-Application Conference; Project Advisory Committee

A. Upon request of the AWPRA applicant, the Department shall schedule and hold pre-application conference(s) with the AWPRA applicant to discuss the requirements of this Article.

B. The Department may assemble a project advisory committee for the purpose of providing project-specific technical consultation to the Department throughout the application process.

1. The project advisory committee may be composed of appropriate experts selected by the Department to assist in review as necessary.

2. Experts may include, but are not limited to, toxicologists, State of Arizona licensed engineers, epidemiologists, microbiologists, chemists, and utility representatives.

3. Project advisory committee recommendations are advisory only.

4. Reviews by the project advisory committee shall be conducted within the applicable Licensing Time Frames in Chapter 1, Article 5 of this Title.

History

• Former Section R9-8-327 renumbered without change as Section R18-9-812 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-C813 Applicant Pathways Depending on National Pretreatment Program Applicability

A. An AWPRA applicant shall submit the application components in the order and format set forth in this section, in addition to the order and format prescribed by the applicable rules within this Article.

B. National Pretreatment Program AWPRA. An AWPRA with all water reclamation facility partner(s) subject to the National Pretreatment Program may elect to either:

Submit the Initial Source Water Characterization Plan and the Pilot Study Plan to the Department for review and comment prior to the AWP permit application in the order and format set forth in R18-9-C814 and R18-9-C815; or

2. Submit the Initial Source Water Characterization Report and Piloting Report to the Department for approval as components of the AWP permit application pursuant to R18-9-C816.

C. Non-National Pretreatment Program AWPRA. An AWPRA with at least one water reclamation facility partner not subject to the National Pretreatment Program shall, throughout the pre-application period and in the order and format set forth in R18-9-C814 and R18-9-C815:

1. Submit the Initial Source Water Characterization Plan and the Pilot Study Plan to the Department for review and comment, and

2. Submit the Initial Source Water Characterization Report and Pilot Report to the Department for approval pursuant to R18-9-C816.

D. An AWPRA applicant that builds a pilot facility to full-scale and develops a Hybrid Pilot and Full-Scale Verification Plan, shall follow the submission requirements pursuant to R18-9-C815(A)(1)(c) and R18-9-F835(A)(1)(c) in lieu of the submission requirements in subsections B and C of this section.

History

• Amended effective April 18, 1979 (Supp. 79-2). Former Section R9-8-329 renumbered without change as Section R18-9-813 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-C814 Initial Source Water Characterization

A. An AWPRA applicant shall develop an Initial Source Water Characterization Plan and shall conduct initial monitoring of any treated wastewater proposed to be used as a source for an AWTF.

B. Initial Source Water Characterization Plan. An initial source water characterization monitoring plan, or Initial Source Water Characterization Plan, shall be developed and followed when conducting initial monitoring in accordance with this section.

1. A Non-National Pretreatment Program AWPRA applicant shall submit the Initial Source Water Characterization Plan to the Department for review and comment prior to conducting initial source water monitoring under this section. Along with the Initial Source Water Characterization Plan, the AWPRA applicant shall submit the following additional preliminary components to the Department for review and comment:

a. A draft Enhanced Source Control Plan prepared pursuant to R18-9-E824,

b. A draft technical, managerial, and financial, or Technical, Managerial, and Financial Capacity Plan, prepared pursuant to R18-9-F833,

c. A proposed pilot train designed pursuant to R18-9-C815, and

d. A draft Public Communications Plan prepared pursuant to R18-9-B811.

2. A National Pretreatment Program AWPRA applicant may submit the Initial Source Water Characterization Plan to the Department for review and comment prior to conducting initial source water monitoring under this section, or otherwise shall submit the Initial Source Water Characterization Plan and Report to the Department as a component of the AWP permit application prepared pursuant to R18-9-C816. An AWPRA applicant that elects to submit the Initial Source Water Characterization Plan to the Department for review and comment prior to conducting initial source water monitoring under this section may also elect whether or not to submit the additional preliminary components listed in subsection (B)(1) to the Department for contemporaneous review and comment.

C. Monitoring. An AWPRA applicant shall conduct initial source water monitoring at all water reclamation facilities delivering treated wastewater as a source to an AWTF as applicable under R18-9-A802(C).

1. Monitoring shall be conducted at a location before any treatment process that will be used for a treatment credit in the AWP project and before the point of diversion to the AWTF.

2. Chemical Monitoring.

a. The AWPRA applicant shall collect a minimum of twelve monthly composite samples representative of seasonal variability.

b. If there is wide variability in a chemical concentration, meaning the coefficient of variation is greater than fifty percent, the AWPRA applicant shall reasonably increase the sampling interval in order to evidence this variability.

c. The AWPRA applicant shall sample for the following chemicals, excluding those identified on the projected chemical treatment list developed in R18-9-E826:

i. Tier 1 chemicals,

ii. Tier 2 chemicals pursuant R18-9-E826(D), and

iii. Any projected Tier 3 chemicals.

Pathogen Monitoring.

a. The AWPRA applicant shall utilize reference pathogens to monitor pathogen treatment within the AWP project and establish log reduction requirements consistent with either a standard log reduction approach or a site-specific log reduction approach pursuant to R18-9-E828.

b. Standard Log Reduction. If the AWPRA applicant selects the standard log reduction approach to pathogen control, no initial pathogen monitoring is required as part of initial source water characterization.

c. Site-Specific Log Reduction. If the AWPRA applicant selects the site-specific log reduction approach to pathogen control, the AWPRA applicant shall perform initial pathogen monitoring as part of initial source water characterization by following the prescribed sampling protocol pursuant to R18-9-E828(C).

D. In addition to the requirements of this section, initial source water monitoring under an Initial Source Water Characterization Plan shall be conducted using good engineering practices. Methods for initial source water monitoring shall be approved if the AWPRA applicant can demonstrate that the methods are sufficiently detailed and robust for the purpose of characterizing the treated wastewater used as a source for an AWTF in such a manner that informs the proposed pilot and full-scale treatment train design and serves as an accurate representation of the collection system.

1. ADEQ shall develop and make available guidance on conducting initial source water monitoring under an Initial Source Water Characterization Plan.

2. An Initial Source Water Characterization Plan developed in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

E. Report. An Initial Source Water Characterization Report shall be finalized within three years of the commencement of initial source water monitoring or at the Director's discretion. The Initial Source Water Characterization Report shall be prepared pursuant to R18-9-A802(C) and shall include, but is not limited to, the following:

1. The date, time, frequency and exact place of sampling,

2. The name of each individual who performed the sampling,

3. The procedures used to collect the samples,

4. The dates the sample analyses were completed,

5. The name of each individual or laboratory performing sample analysis,

6. The analytical techniques or methods used to perform the sampling and analysis,

7. The chain of custody records,

8. Any field notes relating to the information described under this subsection,

9. The sampling results which account for seasonal variability,

Corresponding laboratory data for all samples, and

11. A copy of the Initial Source Water Characterization Plan developed in subsection (B).

F. Report Submission.

1. A Non-National Pretreatment Program AWPRA applicant shall submit the Initial Source Water Characterization Report in subsection (E) to the Department for review and comment as a component of the Pilot Study Plan prepared pursuant to R18-9-C815. Additionally, a Non-National Pretreatment Program AWPRA applicant shall submit the Initial Source Water Characterization Report as a component of the AWP permit application prepared pursuant to R18-9-C816.

2. A National Pretreatment Program AWPRA applicant, if electing to submit a Pilot Study Plan to the Department for review and comment, may include the Initial Source Water Characterization Report in subsection (E) as a component, or otherwise shall submit the Initial Source Water Characterization Report as a component of the AWP permit application prepared pursuant to R18-9-C816.

G. The Department shall consider an AWPRA applicant's conformance with the initial source water characterization requirements in this Article as a component of the AWP permit application. The Director shall deny an AWP permit application if a determination is made that, under the Initial Source Water Characterization Plan, monitoring was improperly conducted or is otherwise insufficient to achieve the objectives of chemical and pathogen characterization, or if the Initial Source Water Characterization Report is incomplete or otherwise insufficient to demonstrate compliance with the Plan.

History

• Former Section R9-8-331 renumbered without change as Section R18-9-814 (Supp. 87-3). Amended effective October 19, 1989 (Supp. 89-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-C815 Pilot Study

A. An AWPRA applicant shall develop a Pilot Study Plan and conduct piloting on a pilot treatment train.

1. If an AWPRA builds a pilot facility to full-scale, the AWPRA applicant may, instead, opt to conduct piloting and full-scale verification simultaneously. If the AWPRA pursues this option, the AWPRA shall:

a. Consult with the Department, and

b. Develop and submit a Hybrid Pilot and Full-Scale Verification Plan to the Department for review and comment prior to conducting piloting and full scale verification under this section, R18-9-F835 and other requirements which are previously determined through consultation with the Department, and

c. For the purposes of the permit application pursuant to R18-9-C816, submit the Hybrid Pilot and Full-Scale Verification Plan and a Hybrid Pilot and Full-Scale Verification Report in lieu of the submission requirements at R18-9-C816(A)(2)(g) and (h).

2. An operator of a pilot facility may be credited with advanced water treatment qualifying experience under R18-9-B804.

B. Pilot Study Plan. A Pilot Study Plan shall be followed when constructing the pilot treatment train and piloting in accordance with this section.

1. A Non-National Pretreatment Program AWPRA applicant shall submit the Pilot Study Plan to the Department for review and comment prior to conducting piloting under this section.

2. A National Pretreatment Program AWPRA applicant may submit the Pilot Study Plan to the Department for review and comment prior to conducting piloting under this section, an approach recommended by the Department, or otherwise shall submit the Pilot Study Plan to the Department as a component of the AWP permit application prepared pursuant to R18-9-C816.

3. The Plan shall include, but is not limited to, the following:

a. The pilot study objectives,

b. A description of the proposed pilot treatment train,

c. The design criteria for each treatment component pursuant to R18-9-F832,

d. A design report and drawing,

e. An explanation of the pilot train's representation of the scale and the performance of the proposed full-scale AWTF and the selected treatment components therein,

f. A time period for which the pilot study will be conducted of no less than one year of continuous operation,

g. A monitoring plan which shall include, but is not limited to, the following:

i. The proposed monitoring, instrumentation, and any additional requirements pursuant to R18-9-A802(C).

ii. The proposed chemical critical control points designated pursuant to R18-9-E827(D),

iii. The proposed pathogen critical control points designated pursuant to R18-9-E828(D), and

iv. An advanced treated water sampling plan, and

h. The proposed Tier 3 chemical list and associated critical control points prepared pursuant to R18-9-E827,

i. The projected chemical treatment list prepared pursuant to R18-9-E826(F), and

j. A TOC Characterization Plan of all original drinking water sources, pursuant to the Trace Organics Removal Procedure under R18-9-F834(C)(1), if the AWPRA selects the Site-Specific TOC Management Approach.

The Initial Source Water Characterization Report prepared pursuant to R18-9-C814(E) shall be submitted as follows:

a. A Non-National Pretreatment Program AWPRA applicant shall submit the Initial Source Water Characterization Report as a component of the Pilot Study Plan, and

b. A National Pretreatment Program AWPRA applicant may submit the Initial Source Water Characterization Report as a component of the Pilot Study Plan, or otherwise shall submit the Initial Source Water Characterization Report as a component of the AWP permit application prepared pursuant to R18-9-C816.

5. The pilot treatment train shall be selected from, and optimized in accordance with, the projected chemical treatment list developed pursuant to R18-9-E826(F) and pathogen log reduction values established pursuant to R18-9-E828.

6. If a Pilot Study Plan includes the discharge of effluent and the facility is subject to the APP program, an APP application for permit coverage shall be submitted and effective before pilot train operation.

C. Piloting.

1. Pathogen and chemical removal shall be demonstrated during the pilot study by conducting sampling in accordance with the established monitoring plan developed in subsection (B)(3)(g).

2. Sampling shall be conducted at a minimum of two locations, the influent and effluent of the pilot treatment train, in accordance with the proposed critical control points.

D. Report. At the conclusion of piloting a Pilot Study Report shall be prepared and submitted to the Department as a component of the AWP permit application pursuant to R18-9-C816. The Pilot Study Report shall include, but is not limited to, the following:

1. A demonstration of the effectiveness, reliability, and consistency of the treatment components in achieving pathogen and chemical removal, as well as TOC management in accordance with the Pilot Study Plan under subsection (B),

2. A list of water reclamation facility operational parameters and ranges that produced the AWTF treated wastewater influent water quality.

E. The Department shall consider an AWPRA applicant's conformance with the pilot study requirements in this Article as a component of the AWP permit application. The Director shall deny an AWP permit application if a determination is made that, under the Pilot Study Plan, piloting was improperly conducted or is otherwise insufficient to achieve the objectives of the pilot study, or if the Pilot Study Report is incomplete or otherwise insufficient to demonstrate compliance with the Pilot Study Plan.

F. In addition to the requirements of this section, the pilot study shall be conducted using good engineering practices. Methods for conducting the pilot study shall be approved if the AWPRA applicant can demonstrate that the methods sufficiently and consistently verify the performance of the chosen treatment components, provide the opportunity to evaluate the effectiveness of different types of treatment components, and inform the design of the full-scale AWP treatment train.

1. ADEQ shall develop and make available guidance on conducting an AWP pilot study.

2. An AWP pilot study conducted in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

History

• Former Section R9-8-332 renumbered without change as Section R18-9-815 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-C816 Permit Application

A. An AWPRA applicant for an AWP permit shall provide the Department with the following information on an application form prescribed by the Director:

1. Application: Administrative Requirements.

a. The names and mailing addresses of all AWPRA partners,

b. The names and mailing addresses of the representative of the AWPRA and owners and operators of all AWPRA partner facilities,

c. The legal description, including latitude and longitude, of the location of all AWPRA partner facilities,

d. The expected operational life of the AWPRA partner facilities,

e. The permit number for any other federal or state environmental permit issued to any AWPRA partner for that facility or site,

f. A copy of the AWPRA's Joint Plan and corresponding agreements pursuant to R18-9-B805,

g. A copy of the certificate of disclosure required by A.R.S. § 49-109,

h. Evidence that the AWTF complies with applicable municipal or county zoning ordinances, codes, and regulations,

i. Certification in writing that the information submitted in the application is true and accurate to the best of the AWPRA applicant's knowledge, and

j. All applicable fees established in 18 A.A.C. 14.

Application: Technical Requirements.

a. Detailed completed or prospective construction plans of the site, presented in legible form and of sufficient scale and detail to establish construction requirements and to facilitate effective review,

b. Record drawings pursuant to R18-9-B810,

c. Complete specifications to supplement the completed or prospective construction plans in subsection (A)(2)(a), including vendor data demonstrating validation information,

d. A design report which:

i. Describes the completed or prospective construction and the basis of design,

ii. Provides design data and other pertinent information that defines the work, and

iii. Establishes the adequacy of the design to meet the system demand and comply with the requirements of this Article, and

e. A Full-Scale Verification Plan, including data demonstrating scaling feasibility, prepared pursuant to R18-9-F835,

f. A draft Operations Plan prepared pursuant to R18-9-F836,

g. The Pilot Study Plan and Report prepared pursuant to R18-9-C815, if applicable under R18-9-C815(A)(1),

h. The Full-Scale Verification Report prepared pursuant to R18-9-F835, if applicable under R18-9-C835(A)(1),

i. A list of construction material used pursuant to R18-9-B806,

j. A demonstration of technical, managerial, and financial capacity pursuant to R18-9-F833,

k. An initial Enhanced Source Control Plan pursuant to the program developed in R18-9-E824,

l. The Initial Source Water Characterization Plan and Initial Source Water Characterization Report prepared pursuant to R18-9-C814,

m. A demonstration of compliance with all minimum design requirements pursuant to R18-9-F832,

n. The proposed pathogen and chemical action levels for ongoing monitoring pursuant to R18-9-A802(C),

o. The draft Public Communications Plan pursuant to R18-9-B811,

p. A Tier 2 analysis pursuant to R18-9-E826,

q. A Tier 3 Chemical list, associated critical control points and explanation pursuant to R18-9-E827,

r. Evidence of an APP authorizing any discharge from an AWTF that occurred, occurs or will occur during piloting, full-scale verification, operation or otherwise,

s. Demonstration that the AWPRA meets applicable A.A.C. Title 18, Chapter 4 and Chapter 5 requirements, and

t. Any other relevant information required by the Department to determine whether to issue a permit.

B. Draft Permit. The Department shall provide the AWPRA applicant with a draft of the AWP permit prior to publication of the Notice of Preliminary Decision pursuant to R18-9-D820.

C. Permit Issuance or Denial. The following requirements apply in addition to the requirements in R18-9-D823:

1. The Director shall issue an AWP permit, based upon the information obtained by or made available to the Department, if the Director determines that the AWPRA applicant is in compliance with this Article, and the applicable requirements in Chapter 4, Articles 1 and 2, and Chapter 5, Article 5.

2. The Director shall provide the AWPRA applicant with written notification of the final determination to issue or deny the permit within the overall licensing time-frame requirements under 18 A.A.C. 1, Article 5, Table 10 and the following:

a. The AWPRA applicant's right to appeal the final permit determination, including the number of days the applicant has to file a protest and the name and telephone number of the Department contact person who can answer questions regarding the appeals process,

b. If the AWP permit is denied under R18-9-D823, the reason for the denial with reference to the statute or rule on which the denial is based, and

c. The AWPRA applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 411092.06.

D. The Department shall only approve an AWP permit for an AWPRA applicant when all AWPRA partners are in compliance with this Chapter and applicable Chapter 4 and Chapter 5 requirements, or are making satisfactory progress towards compliance under a schedule previously approved by the Department.

E. Post-Permit Issuance Compliance Schedule.

1. The technical components listed in subsection (E)(2) below are not required as part of the application in subsections (A) and (B) but are required prior to delivery of advanced treated water or distribution of finished water.

2. The following technical components shall be submitted in the time and manner set forth in a compliance schedule which shall be established by the Department under the AWP permit:

a. The final design documents including as-built construction and configuration reports of all engineered elements of the facility prepared pursuant to R18-9-B810 and any document changes from what was proposed in the pre-construction application requirements.

b. An Operations Plan prepared pursuant to R18-9-F836, including, but not limited to, a list of operators who are certified by the Department appropriately for all facilities within an AWP project, including any finished water distribution systems,

c. The Full-Scale Verification Report prepared pursuant to R18-9-F835,

d. A vulnerability assessment prepared pursuant to R18-9-F837,

e. Compliance with approved plans pursuant to R18-9-B809,

f. The final Public Communications Plan pursuant to R18-9-B811,

g. The final Enhanced Source Control Plan pursuant to the program developed in R18-9-E824,

h. An engineer's certificate of completion of the final inspection of the AWTF, signed, dated, and sealed by an Arizona-registered professional engineer in a format approved by the Department, and

i. Any other relevant information required by the Department.

3. Compliance schedule items under subsection (E)(2) may require a permit amendment.

F. If a compliance schedule is included as part of an AWP permit, delivery of advanced treated water or distribution of finished water is prohibited until all delivery or distribution-critical post-permit compliance schedule items pursuant to subsection (E) are met and any associated permit amendments are in effect.

G. All design plans, specifications, and design reports submitted under this section shall be signed, dated, and sealed by an Arizona-registered professional engineer. The Arizona-registered professional engineer shall demonstrate the following information to the Department for each person principally responsible for designing the facility:

1. Pertinent licenses or certifications held by the person,

2. Professional training relevant to the design of an AWTF, water reclamation facility, or drinking water treatment facility,

3. Work experience relevant to the design of AWTF, water reclamation facilities, or drinking water treatment facilities, and

4. A verification letter from an independent party certifying the performance of a manufacturer's equipment or a product that the professional engineer is relying upon for treatment credits, along with the information required under subsections (G)(1), (2), and (3) of this section, for the independent party certifying the product.

History

• Former Section R9-8-351 renumbered without change as Section R18-9-816 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-C817 Demonstration Permit

A. An AWPRA may apply for an AWP demonstration permit for the purpose of showcasing the AWTF for public outreach, finished water tasting, and other related non-distribution purposes.

B. Introduction of advanced treated water into a drinking water distribution system for human consumption is prohibited under an AWP demonstration permit.

C. Demonstration Permit Application.

1. An AWPRA applying for an AWP demonstration permit shall comply with all requirements of this Article, and all application requirements pursuant to R18-9-C816, excluding the requirement to demonstrate full-scale verification.

a. The piloting requirements in R18-9-C815 may be abbreviated at the Director's discretion, but may not be of a period of less than six months.

b. If an applicant reports significant failures at a critical control point during abbreviated piloting, the Director may require other measures.

2. The AWPRA applicant applying for an AWP demonstration permit shall submit a preliminary application containing the information required in subsection (C)(1) to the Department on an application form prescribed by the Director.

The Department shall, based on the preliminary application and in consultation with the AWPRA applicant, provide the AWPRA applicant notice of any additional information that is necessary to complete the application.

4. An AWP operator shall operate the demonstration facility if the facility is utilized for the purpose of showcasing the AWTF for public outreach, finished water tasting, and other related non-distribution purposes.

D. All design plans, specifications, and design reports submitted under this section shall be signed, dated, and sealed by an Arizona-registered professional engineer. The Arizona-registered professional engineer shall make the following demonstration to the Department for each person principally responsible for designing the facility:

1. Pertinent licenses or certifications held by the person,

2. Professional training relevant to the design of an AWTF, water reclamation facility, or drinking water treatment facility, and

3. Work experience relevant to the design of AWTF, water reclamation facilities, or drinking water treatment facilities.

E. Demonstration AWTFs shall only be built to pilot or full-scale.

F. Bench scale demonstration AWTFs are prohibited.

G. An operator of an AWP demonstration facility may be credited with advanced water treatment qualifying experience under R18-9-B804.

H. The public notice and public participation requirements in R18-9-D819 and R18-9-D820 apply to demonstration permits issued under this section.

I. The permit suspension, revocation, denial, and termination requirements in R18-9-D823 apply to demonstration permits issued under this section.

J. The permit term and permit renewal requirements in R18-9-D822 apply to demonstration permits issued under this section.

K. All design plans, specifications, and design reports submitted under this section shall be signed, dated, and sealed by an Arizona-registered professional engineer. The Arizona-registered professional engineer shall demonstrate the following information to the Department for each person principally responsible for designing the facility:

1. Pertinent licenses or certifications held by the person,

2. Professional training relevant to the design of an AWTF, water reclamation facility, or drinking water treatment facility,

3. Work experience relevant to the design of AWTF, water reclamation facilities, or drinking water treatment facilities, and

4. A verification letter from an independent party certifying the performance of a manufacturer's equipment or a product that the professional engineer is relying upon for treatment credits, along with the information required under subsections (K)(1), (2), and (3) of this section, for the independent party certifying the product.

History

• Former Section R9-8-352 renumbered without change as Section R18-9-817 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-C818 Compliance Schedule

A. An AWPRA shall follow the compliance schedule established in the AWP permit.

1. If a compliance schedule provides that an action is required more than one year after the date of permit issuance, the schedule shall establish interim requirements and dates for their achievement.

2. If the time necessary for completion of an interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall contain interim dates for submission of reports on progress toward completion of the interim requirements and shall indicate a projected completion date.

3. An AWPRA shall submit to the Department a compliance schedule item report documenting that the required action was taken within the time period specified in the compliance schedule of the AWP permit.

4. After reviewing the compliance schedule activity, the Director may amend the AWP permit, based on changed circumstances relating to the required action.

B. Distribution of advanced treated water is prohibited until the Department approves all compliance schedule items established under the AWP permit pursuant to R18-9-C816(E).

C. The Department shall consider all of the following factors when setting any additional compliance schedule requirements not prescribed under R18-9-C816(E):

1. The impact on advanced treated water quality,

2. The impact on drinking water customers,

3. The requirements for permit amendment, and

4. Any other factors determined at the Director's discretion.

History

• Former Section R9-8-353 renumbered without change as Section R18-9-818 (Supp. 87-3). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Article 9 ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM

Part C GENERAL PERMITS

Ariz. Admin. Code § R18-9-C901 General Permit Issuance

A. The Director may issue a general permit to cover one or more categories of discharges, sludge use, or disposal practices, or facilities within a geographic area corresponding to existing geographic or political boundaries, if the sources within a covered category of discharges are either:

1. Stormwater point sources; or

2. One or more categories of point sources other than stormwater point sources, or one or more categories of treatment works treating domestic sewage, if the sources, or treatment works treating domestic sewage, within each category all:

a. Involve the same or substantially similar types of operations;

b. Discharge the same types of wastes or engage in the same types of sludge use or disposal practices;

c. Require the same effluent limitations, operating conditions, or standards for sludge use or disposal;

d. Require the same or similar monitoring; and

e. Are more appropriately controlled under a general permit than under an individual permit.

B. Any person seeking coverage under a general permit issued under subsection (A) shall submit a Notice of Intent on a form provided by the Department within the time-frame specified in the general permit unless exempted under the general permit as provided in subsection (C)(2). The person shall not discharge before the time specified in the general permit unless the discharge is authorized by another permit.

C. Exemption from filing a Notice of Intent.

1. The following dischargers are not exempt from submitting a Notice of Intent:

a. A discharge from a POTW;

b. A combined sewer overflow;

c. A MS4;

d. A primary industrial facility;

e. A stormwater discharge associated with industrial activity;

f. A CAFO;

g. A treatment works treating domestic sewage; and

h. A stormwater discharge associated with construction activity.

2. For dischargers not listed in subsection (C)(1), the Director may consider a Notice of Intent inappropriate for the discharge and authorize the discharge under a general permit without a Notice of Intent. In making this finding, the Director shall consider:

a. The type of discharge,

b. The expected nature of the discharge,

c. The potential for toxic and conventional pollutants in the discharge,

d. The expected volume of the discharge,

e. Other means of identifying the discharges covered by the permit, and

f. The estimated number of discharges covered by the permit.

3. The Director shall provide reasons for not requiring a Notice of Intent for a general permit in the public notice.

D. Notice of Intent. The Director shall specify the contents of the Notice of Intent in the general permit and the applicant shall submit information sufficient to establish coverage under the general permit, including, at a minimum:

The name, position, address, and telephone number of the owner of the facility;

2. The name, position, address, and telephone number of the operator of the facility, if different from subsection (D)(1);

3. The name and address of the facility;

4. The type and location of the discharge;

5. The receiving streams;

6. The latitude and longitude of the facility;

7. For a CAFO, the information specified in 40 CFR 122.21(i)(1) and a topographic map;

8. The signature of the certifying official required under 40 CFR 122.22; and

9. Any other information necessary to determine eligibility for the AZPDES general permit.

E. The general permit shall contain:

1. The expiration date; and

2. The appropriate permit requirements, permit conditions, and best management practices, and measurable goals for MS4 general permits, under R18-9-A905(A)(1), R18-9-A905(A)(2), and R18-9-A905(A)(3) and determined by the Director as necessary and appropriate for the protection of navigable waters.

F. The Department shall inform a permittee if EPA requests the permittee's Notice of Intent, unless EPA requests that the permittee not be notified.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4). Amended by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R18-9-C902 Required and Requested Coverage under an Individual Permit

A. Individual permit requirements.

1. The Director may require a person authorized by a general permit to apply for and obtain an individual permit for any of the following cases:

a. A discharger or treatment works treating domestic sewage is not in compliance with the conditions of the general permit;

b. A change occurs in the availability of demonstrated technology or practices for the control or abatement of pollutants applicable to the point source or treatment works treating domestic sewage;

c. Effluent limitation guidelines are promulgated for point sources covered by the general permit;

d. An Arizona Water Quality Management Plan containing requirements applicable to the point sources is approved;

e. Circumstances change after the time of the request to be covered so that the discharger is no longer appropriately controlled under the general permit, or either a temporary or permanent reduction or elimination of the authorized discharge is necessary;

f. Standards for sewage sludge use or disposal are promulgated for the sludge use and disposal practices covered by the general permit; or

g. If the Director determines that the discharge is a significant contributor of pollutants. When making this determination, the Director shall consider:

i. The location of the discharge with respect to navigable waters,

ii. The size of the discharge,

iii. The quantity and nature of the pollutants discharged to navigable waters, and

iv. Any other relevant factor.

2. If an individual permit is required, the Director shall notify the discharger in writing of the decision. The notice shall include:

a. A brief statement of the reasons for the decision,

b. An application form,

c. A statement setting a deadline to file the application,

d. A statement that on the effective date of issuance or denial of the individual permit, coverage under the general permit will automatically terminate,

e. The applicant's right to appeal the individual permit requirement with the Water Quality Appeals Board under A.R.S. § 49-323, the number of days the applicant has to file a protest challenging the individual permit requirement, and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

f. The applicant's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

3. The discharger shall apply for a permit within 90 days of receipt of the notice, unless the Director grants a later date. In no case shall the deadline be more than 180 days after the date of the notice.

4. If the permittee fails to submit the individual permit application within the time period established in subsection (A)(3), the applicability of the general permit to the permittee is automatically terminated at the end of the day specified by the Director for application submittal.

5. Coverage under the general permit shall continue until an individual permit is issued unless the permit coverage is terminated under subsection (A)(4).

B. Individual permit request.

1. An owner or operator authorized by a general permit may request an exclusion from coverage of a general permit by applying for an individual permit.

a. The owner or operator shall submit an individual permit application under R18-9-B901(B) and include the reasons supporting the request no later than 90 days after publication of the general permit.

b. The Director shall grant the request if the reasons cited by the owner or operator are adequate to support the request.

2. If an individual permit is issued to an owner or operator otherwise subject to a general permit, the applicability of the general permit to the discharge is automatically terminated on the effective date of the individual permit.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-C903 General Permit Duration, Reissuance, and Continuation

A. General permit duration.

1. An AZPDES general permit is effective for a fixed term of not more than five years. The Director may issue a permit for a duration that is less than the full allowable term.

2. If the Director does not reissue a general permit before the expiration date, the current general permit will be administratively continued and remain in force and effect until the general permit is reissued.

B. Continued coverage. Any permittee granted permit coverage before the expiration date automatically remains covered by the continued permit until the earlier of:

1. Reissuance or replacement of the permit, at which time the permittee shall comply with the Notice of Intent conditions of the new permit to maintain authorization to discharge; or

2. The date the permittee has submitted a Notice of Termination; or

3. The date the Director has issued an individual permit for the discharge; or

4. The date the Director has issued a formal permit decision not to reissue the general permit, at which time the permittee shall seek coverage under an alternative general permit or an individual permit.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-C904 Change of Ownership or Operator under a General Permit

If a change of ownership or operator occurs for a facility operating under a general permit:

Permitted owner or operator. The permittee shall provide the Department with a Notice of Termination by certified mail within 30 days after the new owner or operator assumes responsibility for the facility.

a. The Notice of Termination shall include all requirements for termination specified in the general permit for which the Notice of Termination is submitted.

b. A permittee shall comply with the permit conditions specified in the general permit for which the Notice of Termination is submitted until the Notice of Termination is received by the Department.

2. New owner or operator.

a. The new owner or operator shall complete and file a Notice of Intent with the Department within the time period specified in the general permit before taking over operational control of, or initiation of activities at, the facility.

b. If the previous permittee was required to implement a stormwater pollution prevention plan, the new owner shall develop a new stormwater pollution prevention plan, or may modify, certify, and implement the old stormwater pollution prevention plan if the old stormwater pollution prevention plan complies with the requirements of the current general permit.

c. The permittee shall provide the Department with a Notice of Termination if a permitted facility ceases operation, ceases to discharge, or changes operator status. In the case of a construction site, the permittee shall submit a Notice of Termination to the Department when:

i. The facility ceases construction operations and the discharge is no longer associated with construction or construction-related activities,

ii. The construction is complete and final site stabilization is achieved, or

iii. The operator's status changes.

History

• New Section made by final rulemaking at 7 A.A.R. 5879, effective December 7, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-9-C905 General Permit Modification and Revocation and Reissuance

A. The Director may modify or revoke a general permit issued under R18-9-A907(B), R18-9-A908, and R18-9-C901 if one or more of the causes listed under 40 CFR 122.62(a) or (b) exists.

B. The Director shall follow the procedures specified in R18-9-A907(B) and R18-9-A908 to modify or revoke and reissue a general permit.

History

• New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Article 3 AQUIFER PROTECTION PERMITS - GENERAL PERMITS

Part D TYPE 3 GENERAL PERMITS

Ariz. Admin. Code § R18-9-D301 3.01 General Permit: Lined Impoundments

A. A 3.01 General Permit allows a lined surface impoundment and a lined secondary containment structure. A permittee shall:

1. Ensure that inflow to the lined surface impoundment or lined secondary containment structure does not contain organic pollutants identified in A.R.S. § 49-243(I);

2. Ensure that inflow to the lined surface impoundment or lined secondary containment structure is from one or more of the following sources:

a. Evaporative cooler overflow, condensate from a refrigeration unit, or swimming pool filter backwash;

b. Wastewater that does not contain sewage, temporarily stored for short periods of time due to process upsets or rainfall events, provided the wastewater is promptly removed from the facility as required under subsection (D)(5). Facilities that continually contain wastewater as a normal function of facility operations are not covered under this general permit;

c. Stormwater runoff that is not permitted under A.R.S. § 49-245.01 because the facility does not receive solely stormwater or because the runoff is regulated but not considered stormwater under the Clean Water Act;

d. Emergency fire event water;

e. Wastewater from air pollution control devices at asphalt plants if the wastewater is routed through a sedimentation trap or sump and an oil/water separator before discharge;

f. Non-contact cooling tower blowdown and non-contact cooling water, except discharges from electric generating stations with more than 100 megawatts generating capacity;

g. Boiler blowdown;

h. Wastewater derived from a potable water treatment system, including clarification sludge, filtration backwash, lime and lime-softening sludge, ion exchange backwash, and reverse osmosis spent waste;

i. Wastewater from food washing;

j. Heat exchanger return water;

k. Wastewater from industrial laundries;

l. Hydrostatic test water from a pipeline, tank, or appurtenance previously used for transmission of fluid;

m. Wastewater treated through an oil/water separator before discharge; and

n. Cooling water or wastewater from food processing.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit:

1. A listing and description of all sources of inflow;

2. A representative chemical analysis of each expected source of inflow. If a sample is not available before facility construction, a permittee shall provide the chemical analysis of each inflow to the Department within 60 days of each inflow to the facility;

3. A narrative description of how the conditions of this general permit are satisfied. The narrative shall include a Quality Assurance/Quality Control program for liner installation, impoundment maintenance and repair, and impoundment operational procedures; and

4. A contingency plan that specifies actions proposed in case of an accidental release from the facility, overtopping of the impoundment, breach of the berm, or unauthorized inflows into the impoundment or containment structure.

C. Design and installation requirements. An applicant shall:

1. Design and construct surface water controls to:

a. Ensure that the impoundment or secondary containment structure maintains, using design volume or mechanical systems, normal operating volumes, if any, and any inflow from the 100-year, 24-hour storm event. The facility shall maintain at least 2 feet of freeboard or an alternative level of freeboard that the applicant demonstrates is reasonable, considering the size of the impoundment and meteorologic and other site-specific factors; and

b. Direct any surface water run-on from the 100-year 24-hour storm event around the facility if not intended for capture by facility;

2. Ensure that the facility design accommodates any significant geologic hazard, addressing static and seismic stability. The applicant shall document any design adjustments made for this reason in the Notice of Intent to Discharge;

3. Ensure that site preparation includes, as appropriate, clearing the area of vegetation, grubbing, grading, and embankment and subgrade preparation. The applicant shall ensure that supporting surface slopes and foundation are stable and structurally sound; and

4. Comply with the following impoundment lining requirements:

a. If a synthetic liner is used, ensure that the liner is at least a 30-mil geomembrane liner or a 60-mil liner if High Density Polyethylene, or an alternative, that the liner's calculated seepage rate is less than 550 gallons per acre per day, and:

i. Anchor the liner by securing it in an engineered anchor trench;

ii. Ensure that the liner is ultraviolet resistant if it is regularly exposed to sunlight; and

iii. Ensure that the liner is constructed of a material that is chemically compatible with the wastewater or impounded solution and is not affected by corrosion or degradation;

b. If a soil liner is used:

i. Ensure that it resists swelling, shrinkage, and cracking and that the liner's calculated seepage rate is less than 550 gallons per acre per day;

ii. Ensure that the soil is at least 1-foot thick and compacted to a uniform density of 95 percent to meet the "Standard Test Method for Laboratory Compaction Characteristics of Soil Using Standard Effect (12,400 ft-lbf/ft3), D698-00ae1," (2000) published by the American Society for Testing and Materials. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; and

iii. Upon installation, protect the soil liner to prevent desiccation; and

c. For new facilities, develop and implement a construction Quality Assurance/Quality Control program that addresses site and subgrade preparation, inspection procedures, field testing, laboratory testing, and final inspection after construction of the liner to ensure functional integrity.

D. Operational requirements. A permittee shall:

1. Maintain sufficient freeboard to manage the 100-year, 24-hour storm event including at least 2 feet of freeboard under normal operating conditions. Management of the 100-year, 24-hour storm event may be through design, pumping, or a combination of both;

2. Remove accumulated residues, sediments, debris, and vegetation to maintain the integrity of the liner and the design capacity of the impoundment;

Perform and document a visual inspection for damage to the liner and for accumulation of residual material at least monthly. The operator shall conduct an inspection within 72 hours after the facility receives a significant volume of stormwater inflow;

4. Repair damage to the liner by following the Quality Assurance/Quality Control Plan required under subsection (B)(3); and

5. Remove all inflow from the impoundment as soon as practical, but no later than 60 days after a temporary event, for facilities designed to contain inflow only for temporary events, such as process upsets.

E. Recordkeeping. A permittee shall maintain at the site, the following information for at least 10 years and make it available to the Department upon request:

1. Construction drawings and as-built plans, if available;

2. A log book or similar documentation to record inspection results, repair and maintenance activities, monitoring results, and facility closure;

3. Capacity design criteria;

4. A list of standard operating procedures;

5. The construction Quality Assurance/Quality Control program documentation; and

6. Records of any inflow into the impoundment other than those permitted by this Section.

F. Reporting requirements.

1. If the liner leaks, as evidenced by a drop in water level not attributable to evaporation, or if the berm breaches or an impoundment is overtopped due to a catastrophic or other significant event, the permittee shall report the circumstance to the Department within five days of discovery and implement the contingency plan required in subsection (B)(4). The permittee shall submit a final report to the Department within 60 days of the event summarizing the circumstances of the problem and corrective actions taken.

2. The permittee shall report unauthorized flows into the impoundment to the Department within five days of discovery and implement the contingency plan required in subsection (B)(4).

G. Closure requirements. The permittee shall notify the Department of the intent to close the facility permanently. Within 90 days following closure notification the permittee shall comply with the following requirements, as applicable:

1. Remove liquids and any solid residue on the liner and dispose appropriately;

2. Inspect the liner for evidence of holes, tears, or defective seams that could have leaked;

3. If evidence of leakage is discovered, remove the liner in the area of suspected leakage and sample potentially impacted soil. If soil remediation levels are exceeded, the permittee shall define the lateral and vertical extent of contamination and, within 60 days of the exceedance, notify the Department and submit an action plan for achieving clean closure for the Department's approval before implementing the plan;

4. If there is no evidence of holes, tears, or defective seams that could have leaked:

a. Cover the liner in place or remove it for disposal or reuse if the impoundment is an excavated impoundment,

b. Remove and dispose of the liner elsewhere if the impoundment is bermed, and

c. Grade the facility to prevent the impoundment of water; and

5. Notify the Department within 60 days following closure that the action plan was implemented and the closure is complete.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-D302 3.02 General Permit: Process Water Discharges From Water Treatment Facilities

A. A 3.02 General Permit allows filtration backwash and discharges obtained from sedimentation and coagulation in the water treatment process from facilities that treat water for industrial process or potable uses. The permittee shall ensure that:

1. Liquid fraction. The discharge meets:

a. All numeric Aquifer Water Quality Standards for inorganic chemicals, organic chemicals, and pesticides established in R18-11-406(B) through (D);

b. The discharge meets one of the following criteria for microbiological contaminants:

i. Either the concentration of fecal coliform organisms is not more than 2/100 ml or the concentration of E. coli bacteria is not more than 1/ 100 ml, or

ii. Either the concentration of fecal coliform organisms is less than 200/100 ml or the concentration of E. coli bacteria is less than 126/ 100 ml if the average daily flow processed by the water treatment facility is less than 250,000 gallons; and

2. Solid Fraction. The solid material in the discharge qualifies as inert material, as defined in A.R.S. § 49201(22).

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit:

1. A characterization of the discharge, including a representative chemical and biological analysis of expected discharges and all source waters; and

2. The design capacity of any impoundment covered by this general permit.

C. Impoundment design and siting requirements. An applicant shall:

1. Ensure that the depth to the static groundwater table is greater than 20 feet;

2. Not locate the area of discharge immediately above karstic or fractured bedrock, unless the discharge meets the microbial limits specified in subsection (A)(1)(b)(i);

3. Maintain a minimum horizontal setback of 100 feet between the facility and any water supply well;

4. Design and construct an impoundment to maintain, using design volume or mechanical systems, normal operating volumes and any inflow from the 100-year, 24-hour storm event. The applicant shall:

a. Divert any surface water run-on from the 100-year, 24-hour storm event around the facility if not intended for capture by facility design; and

b. Design the facility to maintain 2 feet of freeboard or an alternative level of freeboard that the applicant demonstrates is reasonable, considering meteorological factors, the size of the impoundment, and other site-specific factors; or

c. Discharge to surface water under the conditions of an AZPDES permit; and

5. Manage off-site disposal of sludge according to A.R.S. Title 49, Chapter 4.

D. Operational requirements.

1. Inorganic chemical, organic chemical, and pesticide monitoring.

a. The permittee shall monitor any discharge annually to determine compliance with the requirements of subsection (A).

b. If the concentration of any pollutant exceeds the numeric Aquifer Water Quality Standard, the permittee shall submit a report to the Department with a proposal for mitigation and shall increase monitoring frequency for that pollutant to quarterly.

c. If, in the quarterly sampling, the condition in subsection (D)(1)(b) continues for two consecutive quarters, the permittee shall submit an application for an individual permit.

Microbiological contaminant monitoring.

a. The permittee shall monitor any discharge annually to determine compliance with the requirements of subsection (A)(1)(b).

b. If the concentration of any pollutant exceeds the limits established in subsection (A)(1)(b), the permittee shall submit a report to the Department with a proposal for mitigation and increase monitoring frequency for that pollutant to monthly.

c. If, in the monthly sampling, the condition in subsection (D)(2)(b) continues for three consecutive months, the permittee shall submit an application for an individual permit.

E. Recordkeeping. A permittee shall maintain at the site, the following information, if applicable for the disposal method, for at least 10 years, and make it available to the Department upon request:

1. Construction drawings and as-built plans, if available;

2. A log book or similar documentation to record inspection results, repair and maintenance activities, monitoring results, and facility closure;

3. Water quality data collected under subsection (D);

4. Standard operating procedures; and

Records of any discharge other than those identified under subsection (B).

F. Reporting requirements. The permittee shall:

1. Report unauthorized flows into the impoundment to the Department within five days of discovery, and

2. Submit the report required in subsections (D)(1)(b) or (2)(b) within 30 days of receiving the analytical results.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-D303 3.03 General Permit: Vehicle and Equipment Washes

A. A 3.03 General Permit allows a facility to discharge water from washing vehicle exteriors and vehicle equipment. The 3.03 General Permit does not authorize:

Discharge water that typically results from the washing of vehicle engines unless the discharge is to a lined surface impoundment;

2. Direct discharges of sanitary sewage, vehicle lubricating oils, antifreeze, gasoline, paints, varnishes, solvents, pesticides, or fertilizers;

Discharges resulting from washing the interior of vessels used to transport fuel products or chemicals, or washing equipment contaminated with fuel products or chemicals; or

Discharges resulting from washing the interior of vehicles used to transport mining concentrates that originate from the same mine site, unless the discharge is to a lined surface impoundment.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit a narrative description of the facility and a design of the disposal system and wash operations.

C. Design, installation, and testing requirements. An applicant shall:

1. Design and construct the wash pad:

a. To drain and route wash water to a sump or similar sediment-settling structure and an oil/water separator or a comparable pretreatment technology;

b. Of concrete or material chemically compatible with the wash water and its constituents; and

c. To support the maximum weight of the vehicle or equipment being washed with an appropriate safety factor;

2. Not use unlined ditches or natural channels to convey wash water;

3. Ensure that a surface impoundment meets the requirements in R18-9-D301(C)(1) through (3) . The applicant shall ensure that berms or dikes at the impoundment can withstand wave action erosion and are compacted to a uniform density not less than 95 percent;

4. Ensure that a surface impoundment required for wash water described in subsection (A)(1) meets the design and installation requirements in R18-9-D301(C);

5. If wash water is received by an unlined surface impoundment or engineered subsurface disposal system, the applicant shall:

a. Ensure that the annual daily average flow is less than 3000 gallons per day;

b. Maintain a minimum horizontal setback of 100 feet between the impoundment or subsurface disposal system and any water supply well;

c. Ensure that the bottom of the surface impoundment or subsurface disposal system is at least 50 feet above the static groundwater level and the intervening material does not consist of karstic or fractured bedrock;

d. Ensure that the wash water receives primary treatment before discharge through, at a minimum, a sump or similar structure for settling sediments or solids and an oil/water separator or a comparable pretreatment technology designed to reduce oil and grease in the wastewater to 15 mg/l or less;

e. Withdraw the separated oil from the oil/water separator using equipment such as adjustable skimmers, automatic pump-out systems, or level sensing systems to signal manual pump-out; and

f. If a subsurface disposal system is used, design the system to prevent surfacing of the wash water.

D. Operational requirements. The permittee shall:

1. Inspect the oil/water separator before operation to ensure that there are no leaks and that the oil/water separator is in operable condition;

2. Inspect the entire facility at least quarterly. The inspection shall, at a minimum, consist of a visual examination of the wash pad, the sump or similar structure, the oil/water separator, and all surface impoundments;

Visually inspect each surface impoundment at least monthly, to ensure the volume of wash water is maintained within the design capacity and freeboard limitation;

4. Repair damage to the integrity of the wash pad or impoundment liner as soon as practical;

5. Maintain the oil/water separator to achieve the operational performance of the separator;

6. Remove accumulated sediments in all surface impoundments to maintain design capacity; and

7. Use best management practices to minimize the introduction of chemicals not typically associated with the wash operations. Only biodegradable surfactant or soaps are allowed. The permittee shall not use products that contain chemicals in concentrations likely to cause a violation of an Aquifer Water Quality Standard at the applicable point of compliance.

E. Monitoring requirements.

1. If wash water is discharged to an unlined surface impoundment or other area for subsurface disposal, the permittee shall monitor the wash water quarterly at the point of discharge for pH and for the presence of C₁₀ through C₃₂ hydrocarbons using a Department of Health Services certified method.

2. If pH is not between 6.0 and 9.0 or the concentration of C₁₀ through C₃₂ hydrocarbons exceeds 50 mg/l, the permittee shall, within 30 days of the monitorings, submit a report to the Department with a proposal for mitigation and shall increase monitoring frequency to monthly.

3. If the condition in subsection (E)(2) persists for three consecutive months, the permittee shall submit, within 90 days, an application for an individual permit.

F. Recordkeeping. A permittee shall maintain the following information for at least 10 years and make it available to the Department upon request:

Construction drawings and as-built plans, if available;

2. A log book or similar documentation to record inspection results, repair and maintenance activities, monitoring results, and facility closure; and

3. The Material Safety Data Sheets for the chemicals used in the wash operations and any required monitoring results.

G. Closure requirements. A permittee shall comply with the closure requirements specified in R18-9-D301(G) if a liner has been used. If no liner is used the permittee shall remove and appropriately dispose of any liquids and grade the facility to prevent impoundment of water.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-D304 3.04 General Permit: Non-stormwater Impoundments at Mining Sites

A. A 3.04 General Permit allows discharges to lined surface impoundments, lined secondary containment structures, and associated lined conveyance systems at mining sites.

1. The following discharges are allowed under the 3.04 General Permit:

a. Seepage from tailing impoundments, unleached rock piles, or process areas;

b. Process solution temporarily stored for short periods of time due to process upsets or rainfall, provided the solution is promptly removed from the facility as required under subsection (D);

c. Stormwater runoff not permitted under A.R.S. § 49-245.01 because the facility does not receive solely stormwater or because the runoff is regulated but not considered stormwater under the Clean Water Act; and

d. Wash water specific to sand and gravel operations not covered by R18-9-B301(A).

2. Facilities that continually contain process solution as a normal function of facility operations are not eligible for coverage under the 3.04 General Permit. If a normal process solution contains a pollutant regulated under A.R.S. § 49-243(I) the 3.04 General Permit does not apply if the pollutant will compromise the integrity of the liner.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit:

1. A description of the sources of inflow to the facility. An applicant shall include a representative chemical analysis of expected sources of inflow to the facility unless a sample is not available, before facility construction, in which case the applicant shall provide a chemical analysis of solution present in the facility to the Department within 90 days after the solution first enters the facility;

2. Documentation demonstrating that the facility design and operation under subsections (C) and (D) have been reviewed by a mining engineer or an Arizona-registered professional engineer before submission to the Department; and

3. A contingency plan that specifies actions proposed in case of an accidental release from the facility, overtopping of the impoundment, breach of the berm, or unauthorized inflows into the impoundment or containment structure.

C. Design, construction, and installation requirements. An applicant shall:

1. Design and construct the impoundment or secondary containment structure as specified under R18-9-D301(C)(1);

2. Ensure that conveyance systems are capable of handling the peak flow from the 100-year storm;

3. Construct the liner as specified in R18-9-D301(C)(4)(a);

4. Develop and implement a Quality Assurance/Quality Control program that meets or exceeds the liner manufacturer's guidelines. The program shall address site and subgrade preparation, inspection procedures, field testing, laboratory testing, repair of seams during installation, and final inspection of the completed liner for functional integrity;

5. If the facility is located in the 100-year flood plain, design the facility so it is protected from damage or flooding as a result of a 100-year, 24-hour storm event;

6. Design and manage the facility so groundwater does not come into contact with the liner;

7. Ensure that the facility design addresses any significant geologic hazard relating to static and seismic stability. The applicant shall document any design adjustments made for this reason in the Notice of Intent to Discharge;

Ensure that the site preparation includes, as appropriate, clearing the area of vegetation, grubbing, grading, and embankment and subgrade preparation. The applicant shall ensure that supporting surface slopes and foundation are stable and structurally sound;

9. Ensure that the liner is anchored by being secured in an engineered anchor trench. If regularly exposed to sunlight, the applicant shall ensure that the liner is ultraviolet resistant; and

10. Use compacted clay subgrade in areas with shallow groundwater conditions.

D. Operational requirements. The permittee shall:

1. Maintain the freeboard required in subsection (C)(1) through design, pumping, or both;

2. Remove accumulated residues, sediments, debris, and vegetation to maintain the integrity of the liner and the design capacity of the impoundment;

Perform and document a visual inspection for cracks, tears, perforations and residual build-up at least monthly. The operator shall conduct and document an inspection after the facility receives significant volumes of stormwater inflow;

4. Report cracks, tears, and perforations in the liner to the Department, and repair them as soon as practical, but no later than 60 days under normal operating conditions, after discovery of the crack, tear, or perforation;

5. For facilities that temporarily contain a process solution due to process upsets, remove the process solution from the facility as soon as practical, but no later than 60 days after cessation of the upset; and

6. For facilities that temporarily contain a process solution due to rainfall, remove the process solution from the facility as soon as practical.

E. Recordkeeping. A permittee shall maintain the following information for at least 10 years and make it available to the Department upon request:

1. Construction drawings and as-built plans, if available;

2. A log book or similar documentation to record inspection results, repair and maintenance activities, monitoring results and facility closure;

Capacity design criteria;

4. A list of standard operating procedures;

5. The Quality Assurance/Quality Control program required under subsection (C)(4); and

6. Records of any unauthorized flows into the impoundment.

F. Reporting requirements.

1. If the liner is breached, as evidenced by a drop in water level not attributable to evaporation, or if the impoundment breaches or is overtopped due to a catastrophic or other significant event, the permittee shall report the circumstance to the Department within five days of discovery and implement the contingency plan required in subsection (B)(3). The permittee shall submit a final report to the Department within 60 days of the event summarizing the circumstances of the problem and corrective actions taken.

2. The permittee shall report unauthorized flows into the impoundment to the Department within five days of discovery and implement the contingency plan required in subsection (B)(3).

G. Closure requirements.

1. The permittee shall notify the Department of the intent to close the facility permanently.

2. Within 90 days following closure notification the permittee shall comply with the following requirements, as applicable:

a. Remove liquids and any solid residue on the liner and dispose appropriately;

b. Inspect the liner for evidence of holes, tears, or defective seams that could have leaked;

c. If evidence of leakage is discovered, remove the liner in the area of suspected leakage and sample potentially impacted soil. If soil remediation levels are exceeded, the permittee shall, within 60 days notify the Department and submit an action plan for the Department's approval before implementing the plan;

d. If there is no evidence of holes, tears, or defective seams that could have leaked:

i. Cover the liner in place or remove it for disposal or reuse if the impoundment is an excavated impoundment,

ii. Remove and dispose of the liner elsewhere if the impoundment is bermed, and

iii. Grade the facility to prevent the impoundment of water; and

3. Notify the Department within 60 days following closure that the action plan has been implemented and the closure is complete.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-D305 3.05 General Permit: Disposal Wetlands

A. A 3.05 General Permit allows discharges of reclaimed water into constructed or natural wetlands, including waters of the United States, waters of the state, and riparian areas, for disposal. This general permit does not apply if the purpose of the wetlands is to provide treatment.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit the name and individual permit number of the facility providing the reclaimed water.

C. Design requirements. An applicant shall:

Ensure that the reclaimed water released into the wetland meets numeric and narrative Aquifer Water Quality Standards for all parameters except for coliform bacteria and is Class A+ reclaimed water. A+ reclaimed water is wastewater that has undergone secondary treatment established under R18-9-B204(B)(1), filtration, and meets a total nitrogen concentration under R18-9-B204(B)(3) and fecal coliform limits under R18-9-B204(B)(4);

2. Maintain a minimum horizontal separation of 100 feet between any water supply well and the maximum wetted area of the wetland;

3. Post signs at points of access and every 250 feet along the perimeter of the wetland stating, "CAUTION. THESE WETLANDS CONTAIN RECLAIMED WATER. DO NOT DRINK." The applicant shall ensure that the signs are in English and Spanish, or in English with inclusion of the international "do not drink" symbol; and

4. Ensure that wetland siting is consistent with local zoning and land use requirements.

D. Operational requirements.

1. A permittee shall manage the wetland to minimize vector problems.

2. The permittee shall submit to the Department and implement a Best Management Practices Plan for operation of the wetland. The Best Management Practices Plan shall include:

a. A site plan showing the wetland footprint, point of inflow, stormwater drainage, and placement of vegetation;

b. Management of flows into and through the wetland to minimize erosion and damage to vegetation;

c. Management of visitation and use of the wetlands by the public;

d. A management plan for vector control;

e. A plan or criteria for enhancing or supplementing of wetland vegetation; and

f. Management of shallow groundwater conditions on existing on-site wastewater treatment facilities.

3. The permittee shall perform quarterly inspections to review bank integrity, erosion evidence, the condition of signage and vegetation, and correct any problem noted.

E. Recordkeeping. A permittee shall maintain the following information for at least 10 years and make it available to the Department upon request:

1. Construction drawings and as-built plans, if available; and

2. A log book or similar documentation to record inspection results, repair and maintenance activities, monitoring results, and facility closure.

F. Reporting requirements. The permittee shall, by January 30, provide the Department in writing with an annual assessment of the biological condition of the wetland, including the volume of inflow to the wetland in the past year.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-D306 3.06 General Permit: Constructed Wetlands to Treat Acid Rock Drainage at Mining Sites

A. A 3.06 General Permit allows the operation of constructed wetlands that receive, with the intent to treat, acid rock drainage from a closed facility.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit a design, including information on the quality of the influent, the treatment process to be used, the expected quality of the wastewater, and the nutrients and other constituents that will indicate wetland performance.

C. Design, construction, and installation. An applicant shall:

1. Ensure that:

a. Water released into the treatment wetland is compatible with construction materials and vegetation;

b. Water released from the treatment wetland:

i. Meets numeric Aquifer Water Quality Standards,

ii. Has a pH between 6.0 and 9.0, and

iii. Has a sulfate concentration less than 1000 mg/l; and

c. Water released from the treatment wetland complies with and is released under an individual permit and an AZPDES Permit, if required;

Construct the treatment wetland with a liner, using a low-hydraulic conductivity synthetic liner, site-specific liner, or both, to achieve a calculated seepage rate of less than 550 gallons per acre per day. The applicant shall:

a. Ensure that, if a synthetic liner is used, such as geomembrane, the liner is underlain by at least 6 inches of prepared and compacted subgrade;

b. Anchor the liner along the perimeter of the treatment wetland; and

c. Manage the plants in the treatment wetland to prevent species with root penetration that impairs liner performance;

3. Design the treatment wetland for optimum:

a. Sizing appropriate for the anticipated treatment,

b. Cell configuration,

c. Vegetative species composition, and

d. Berm configuration;

Construct and locate the treatment wetland so that it:

a. Maintains physical integrity during a 100-year, 24-hour storm event; and

b. Operates properly during a 25-year, 24-hour storm event;

Ensure that the bottom of the treatment wetland is at least 20 feet above the seasonal high groundwater table; and

6. If public access to the treatment wetland is anticipated or encouraged, post signs at points of access and every 250 feet along the perimeter of the treatment wetland stating, "CAUTION. THESE WETLANDS CONTAIN MINE DRAINAGE WATER. DO NOT DRINK." The permittee shall ensure that the signs are in English and Spanish, or in English with inclusion of the international "do not drink" symbol.

D. Operational requirements.

1. The permittee shall monitor the water leaving the treatment wetlands at least quarterly for the standards specified in subsection (C)(1)(b). Monitoring shall include nutrients or other constituents used as indicators of treatment wetland performance.

2. The permittee shall submit to the Department and implement a Best Management Practices Plan for operation of the treatment wetland. The Best Management Practices Plan shall include:

a. A site plan showing the treatment wetland footprint, point of inflow, stormwater drainage, and placement of vegetation;

b. A contingency plan to address problems, including treatment performance, wash-out and vegetation die-off, and a plan to apply for an individual permit if the treatment wetland is unable to achieve the treatment standards in subsection (C)(1)(b) on a continued basis;

c. Management of flows into and through the treatment wetland to minimize erosion and damage to vegetation;

d. A description of the measures for restricting access to the treatment wetlands by the public;

e. A management plan for vector control; and

f. A plan or criteria for enhancing or supplementing treatment wetland vegetation.

3. The permittee shall perform quarterly inspections to review the bank and liner integrity, erosion evidence, and the condition of signage and vegetation, and correct any problems noted.

E. Recordkeeping. A permittee shall maintain the following information for at least 10 years and make it available to the Department upon request:

1. Construction drawings and as-built plans, if available; and

2. A log book or similar documentation to record inspection results, repair and maintenance activities, monitoring results, and facility closure.

F. Reporting requirements.

1. If preliminary laboratory results indicate that the quality of the water leaving the treatment wetlands does not meet the standards specified in subsection (C)(1)(b), the permittee may request that the laboratory re-analyze the sample before reporting the results to the Department. The permittee shall:

a. Conduct verification sampling within 15 days of receiving final laboratory results,

b. Conduct verification sampling only for parameters that are present in concentrations greater than the standards specified in subsection (C)(1)(b), and

c. Notify the Department in writing within five days of receiving final laboratory results.

2. If the final laboratory result confirms that the quality of the water leaving the treatment wetlands does not meet the standards in subsection (C)(1)(b), the permittee shall implement the contingency plan required by subsection (D)(2)(b) and notify the Department that the plan is being implemented.

3. The permittee shall, by January 30, provide the Department in writing with an annual assessment of the biological condition of the treatment wetland, including the volume of inflow to the treatment wetland in the past year.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-D307 3.07 General Permit: Tertiary Treatment Wetlands

A. A 3.07 General Permit allows constructed wetlands that receive with the intent to treat, discharges of reclaimed water that meet the secondary treatment level requirements specified in R18-9-B204(B)(1).

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit:

1. The name and individual permit number of any facility that provides the reclaimed water to the treatment wetland;

2. The name and individual permit number of any facility that receives water released from the treatment wetland;

3. The design of the treatment wetland construction and management project, including information on the quality of the influent, the treatment process, and the expected quality of the wastewater;

4. A Best Management Practices Plan that includes:

a. A site plan showing the treatment wetland footprint, point of inflow, stormwater drainage, and placement of vegetation;

b. A contingency plan to address any problem, including treatment performance, wash-out, and vegetation die-off;

c. A management plan for flows into and through the treatment wetland to minimize erosion and damage to vegetation;

d. A description of the measures for restricting access to the treatment wetlands by the public;

e. A management plan for vector control; and

f. A plan or criteria for enhancing or supplementing treatment wetland vegetation.

C. Design requirements. An applicant shall:

1. Release water from the treatment wetland under an individual permit and an AZPDES permit, if required. The applicant shall release water from the treatment wetland only to a direct reuse site if the site is permitted to receive reclaimed water of the quality generated under the individual permit specified in subsection (B)(1);

2. Construct and locate the treatment wetland so that it:

a. Maintains physical integrity during a 100-year, 24-hour storm event; and

b. Operates properly during a 25-year, 24-hour storm event;

Ensure that the bottom of the treatment wetland is at least 20 feet above the seasonal high groundwater table;

Maintain a minimum horizontal separation of 100 feet between a water supply well and the maximum wetted area of the treatment wetland;

5. Maintain the setbacks specified in R18-9-B201(I) for no noise, odor, or aesthetic controls between the property boundary at the site and the maximum wetted area of the treatment wetland;

6. Fence the treatment wetland area to prevent unauthorized access;

Post signs at points of access stating "CAUTION. THESE WETLANDS CONTAIN RECLAIMED WATER, DO NOT DRINK." The applicant shall ensure that the signs are in English and Spanish, or in English with inclusion of the international "do not drink" symbol;

8. Construct the treatment wetland with a liner using low hydraulic conductivity liner, site-specific liner, or both, to achieve a calculated seepage rate of less than 550 gallons per acre per day. The applicant shall:

a. Ensure that if a synthetic liner is used, such as geomembrane, the liner is underlain by at least 6 inches of prepared and compacted subgrade;

b. Anchor the liner along the perimeter of the treatment wetland; and

c. Manage the plants in the treatment wetland to prevent species with root penetration that impairs liner performance;

Calculate the size and depth of the treatment wetland so that the rate of flow allows adequate treatment detention time. The applicant shall design the treatment wetland with at least two parallel treatment cells to allow for efficient system operation and maintenance;

10. Ensure that the treatment wetland vegetation includes cattails, bulrush, common reed, or other species of plants with high pollutant treatment potential to achieve the intended water quality identified in subsection (B)(3); and

11. Ensure that construction and operation of the treatment wetlands is consistent with local zoning and land use requirements.

D. Operational requirements. The permittee shall:

1. Implement the Best Management Practices Plan approved under subsection (B);

2. Monitor wastewater leaving the treatment wetland to ensure that discharge water quality meets the expected wastewater quality specified in subsection (B)(3). The permittee shall ensure that analyses of wastewater samples are conducted by a laboratory certified by the Department of Health Services, following the Department's Quality Assurance/Quality Control requirements;

3. Follow the prescribed measures as required in the contingency plan under subsection (B)(4)(b) and submit a written report to the Department within five days if verification sampling demonstrates that an alert level or discharge limit is exceeded;

4. Inspect the treatment wetlands at least quarterly for bank and liner integrity, erosion evidence, and condition of signage and vegetation, and correct any problem discovered; and

5. Ensure that the treatment wetland is operated by a certified operator under 18 A.A.C. 5, Article 1.

E. Recordkeeping. A permittee shall maintain the following information for at least 10 years and make it available to the Department upon request:

Construction drawings and as-built plans, if available; and

2. A log book or similar documentation to record inspection results, repair and maintenance activities, monitoring results, and facility closure.

F. Reporting requirements. The permittee shall, by January 30, provide the Department in writing with an annual assessment of the biological condition of the treatment wetland including the volume of inflow to the treatment wetland in the past year.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Article 6 UNDERGROUND INJECTION CONTROL

Part D PERMIT CONDITIONS FOR UNDERGROUND INJECTION

Ariz. Admin. Code § R18-9-D635 Conditions Applicable To All Permits

1. The permittee must comply with all conditions of any permit issued under this Article. Any permit noncompliance constitutes a violation of this Article and is grounds for enforcement action; for permit modification, revocation and reissuance, or termination; or for denial of a permit renewal application unless otherwise authorized in an emergency permit under R18-9-C625.

2. If the permittee wishes to continue any activity regulated by permit under this Article after the expiration date of this permit, the permittee must apply for and obtain a new permit.

3. It shall not be a defense for a permittee in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

4. The permittee shall take all reasonable steps to minimize or correct any adverse impact on the environment resulting from noncompliance with this permit.

5. The permittee shall at all times properly operate and maintain all facilities and systems of treatment and control, and related appurtenances, that are installed or used by the permittee to achieve compliance with the conditions of this permit. Proper operation and maintenance includes effective performance, adequate funding, adequate operator staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. This provision requires the operation of back-up or auxiliary facilities or similar systems only when necessary to achieve compliance with the conditions of the permit.

6. This permit may be modified, revoked and reissued, or terminated for cause. The filing of a request by the permittee for a permit modification, revocation and reissuance, or termination, or a notification of planned changes or anticipated noncompliance, does not stay any permit condition.

7. This permit does not convey property rights of any sort, or any exclusive privilege.

8. The permittee shall furnish to the Director, within a time specified, any information which the Director may request to determine whether cause exists for modifying, revoking and reissuing, or terminating this permit, or to determine compliance with this permit. The permittee shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

9. The permittee shall allow the Director, or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

a. Enter upon the permittee's premises where a regulated facility or activity is located or conducted, or where records must be kept under the conditions of this permit;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

c. Inspect at reasonable times any facilities, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by this Article or the SDWA, any substances or parameters at any location.

Monitoring and records.

a. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

b. The permittee shall retain records of all monitoring information, including the following:

i. Calibration and maintenance records and all original strip-chart recordings for continuous monitoring instrumentation, copies of all reports required by this permit, and records of all data used to complete the application for this permit, for a period of at least three years from the date of the sample, measurement, report, or application. This period may be extended by request of the Director at any time; and

ii. The nature and composition of all injected fluids until three years after the completion of any plugging and abandonment procedures specified under R18-9-D636(A)(5), or under this Article as appropriate. The Director may require the owner or operator to deliver the records to the Director at the conclusion of the retention period.

c. Records of monitoring information shall include:

i. The date, exact place, and time of sampling or measurements;

ii. The individual or individuals who performed the sampling or measurements;

iii. The date or dates analyses were performed;

iv. The individual or individuals who performed the analyses;

v. The analytical techniques or methods used; and

vi. The results of such analyses.

d. Owners or operators of Class VI wells shall retain records as specified in Part J of this Article, including R18-9-J659(G), R18-9-J666(6), R18-9-J667(D), R18-9-J668(F), and R18-9-J668(H).

11. All applications, reports, or information submitted to the Director shall be signed and certified as required under R18-9-C617.

12. Reporting requirements.

a. The permittee shall give notice to the Director as soon as possible of any planned physical alterations or additions to the permitted facility.

b. The permittee shall give advance notice to the Director of any planned changes in the permitted facility or activity that may result in noncompliance with permit requirements.

c. This permit is not transferable to any person except after notice to the Director. The Director may require modification or revocation and reissuance of the permit to change the name of the permittee and incorporate such other requirements as may be necessary under this Article.

d. Monitoring results shall be reported at the intervals specified in this permit.

e. Reports of compliance or noncompliance with, or any progress reports on, interim and final requirements contained in any compliance schedule of this permit shall be submitted no later than 30 days following each schedule date.

f. The permittee shall report any noncompliance that may endanger health or the environment within 24 hours, including:

i. Any monitoring or other information that indicates any contaminant may cause an endangerment to a USDW; or

ii. Any noncompliance with a permit condition or malfunction of the injection system that may cause fluid migration into or between USDWs. Any information shall be provided orally within 24 hours from the time the permittee becomes aware of the circumstances. A written submission shall also be provided within five days of the time the permittee becomes aware of the circumstances. The written submission shall contain a description of the noncompliance and its cause, the period of noncompliance, including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance.

g. The permittee shall report all instances of noncompliance not reported under subsections (A)(12)(a), (A)(12)(d), (A)(12)(e), and (A)(12)(f) of this Section, at the time monitoring reports are submitted. The reports shall contain the information listed in subsection (A)(12)(f) of this Section.

h. Where the permittee becomes aware that it failed to submit any relevant facts in a permit application, or submitted incorrect information in a permit application or in any report to the Director, it shall promptly submit such facts or information.

13. Except for all new wells authorized by an area permit under R18-9-C624(C), a new injection well may not commence injection until construction is complete; and:

a. The permittee has submitted notice of completion of construction to the Director; and

b. Either of the following apply:

i. The Director has inspected or otherwise reviewed the new injection well and finds it is in compliance with the conditions of the permit; or

ii. The permittee has not received notice from the Director of the intent to inspect or otherwise review the new injection well within 13 days of the date of the notice under subsection (A)(13)(a) of this Section, in which case prior inspection or review is waived and the permittee may commence injection. The Director shall include in the notice a reasonable time period in which the well shall be inspected.

14. The permittee shall notify the Director at such times as the permit requires before conversion or abandonment of the well or in the case of area permits before closure of the project.

15. A Class I, II, or III permit shall include, and a Class V permit may include, conditions that meet the requirements of R18-9-B614 to ensure that plugging and abandonment of the well will not allow the movement of fluids into or between USDWs. Where the plan meets the requirements of R18-9-B614, the Director shall incorporate the plan into the permit as a permit condition. Where the Director's review of an application indicates that the permittee's plan is inadequate, the Director may require the applicant to revise the plan, prescribe conditions meeting the requirements of this subsection, or deny the permit. A Class VI permit shall include conditions that meet the requirements set forth in R18-9-J667. Where the plan meets the requirements of R18-9-J667, the Director shall incorporate it into the permit as a permit condition. For purposes of this subsection, temporary or intermittent cessation of injection operations is not abandonment.

16. Within 60 days after plugging a well or at the time of the next quarterly report, whichever is less, the owner or operator shall submit a report to the Director. If the quarterly report is due less than 15 days before completion of plugging, then the report shall be submitted within 60 days. The report shall be certified as accurate by the person who performed the plugging operation. Such report shall consist of either:

a. A statement that the well was plugged in accordance with the plan previously submitted to the Director; or

b. Where actual plugging differed from the plan previously submitted, an updated version of the plan on the form supplied by the Director, specifying the differences.

17. Duty to establish and maintain mechanical integrity.

a. The owner or operator of a Class I, II, III or VI well permitted under this Article shall establish mechanical integrity prior to commencing injection or on a schedule determined by the Director. Thereafter the owner or operator of Class I, II, and III wells must maintain mechanical integrity as defined in R18-9-B613 and the owner or operator of Class VI wells must maintain mechanical integrity as defined in R18-9-J664.

b. When the Director determines that a Class I, II, III or VI well lacks mechanical integrity pursuant to R18-9-B613 or R18-9-J664 for Class VI, written notice of the determination will be given to the owner or operator. Unless the Director requires immediate cessation, the owner or operator shall cease injection into the well within 48 hours of receipt of the Director's determination. The Director may allow plugging of the well pursuant to the requirements of R18-9-B614 or require the permittee to perform such additional construction, operation, monitoring, reporting, and corrective action as is necessary to prevent the movement of fluid into or between USDWs caused by the lack of mechanical integrity. The owner or operator may resume injection upon written notification from the Director that the owner or operator has demonstrated mechanical integrity pursuant to R18-9-B613.

c. The Director may allow the owner or operator of a well that lacks mechanical integrity pursuant to R18-9-B613(A)(1) to continue or resume injection, if the owner or operator has made a satisfactory demonstration that there is no movement of fluid into or between USDWs.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022. Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-D636 Establishing Permit Conditions

A. In addition to conditions required in R18-9-D635, the Director shall establish conditions, as required on a case-by-case basis under R18-9-C628 (Permit Duration), R18-9-D637 (Schedules of Compliance), and R18-9-D638 (Requirements for Recording and Reporting Monitoring Results). Permits for owners or operators of Class VI injection wells shall include conditions meeting the requirements of Part J of this Article. Permits for other wells shall contain the following requirements, when applicable.

Construction requirements as set forth in this Article. Existing wells shall achieve compliance with such requirements according to a compliance schedule established as a permit condition. The owner or operator of a proposed new injection well shall submit plans for testing, drilling, and construction as part of the permit application. Except as authorized by an area permit, no construction may commence until a permit has been issued containing construction requirements. New wells shall be in compliance with these requirements prior to commencing injection operations. Changes in construction plans during construction may be approved by the Director as minor modifications as defined under R18-9-C633 . No such changes may be physically incorporated into construction of the well prior to approval of the modification by the Director.

2. Corrective action as set forth in R18-9-D639 and R18-9-J659.

3. Operation requirements as set forth in this Article; the permit shall establish any maximum injection volumes and/or pressures necessary to assure that fractures are not initiated in the confining zone, that injected fluids do not migrate into any USDW, that formation fluids are not displaced into any USDW, and to assure compliance with the operating requirements under this Article.

Monitoring and reporting requirements as set forth in this Article. The permittee shall be required to identify types of tests and methods used to generate the monitoring data. Monitoring of the nature of injected fluids shall comply with an analytical method prescribed in A.A.C. R9-14-610, or an alternative analytical method approved under A.A.C. R9-14-610(C), or as approved by the Director. A test result from a sample taken to determine compliance with a national primary drinking water standard is valid only if the sample is analyzed by a laboratory that is licensed by the Arizona Department of Health Services, an out-of-state laboratory licensed under A.R.S. § 36-495.14, or a laboratory exempted under A.R.S. § 36-495.02, for the analysis performed.

5. After a cessation of operations for two years the owner or operator shall plug and abandon the well in accordance with the plan unless they:

a. Provide notice to the Director; and

b. Describe actions or procedures, satisfactory to the Director, that the owner or operator will take to ensure that the well will not endanger USDWs during the period of temporary abandonment. These actions and procedures shall include compliance with the technical requirements applicable to active injection wells unless waived by the Director.

Financial responsibility.

a. The permittee, including the transferor of a permit, is required to demonstrate and maintain financial responsibility and resources to close, plug, and abandon the underground injection operation in a manner prescribed by the Director until:

i. The well has been plugged and abandoned in accordance with an approved plugging and abandonment plan pursuant to R18-9-D635(15), R18-9-B614, and R18-9-J667, and submitted a plugging and abandonment report pursuant to R18-9-D635(16); or

ii. The well has been converted in compliance with the requirements of R18-9-D635(14); or

iii. The transferor of a permit has received notice from the Director that the owner or operator receiving transfer of the permit, the new permittee, has demonstrated financial responsibility for the well.

b. The permittee shall show evidence of such financial responsibility to the Director by the submission of a surety bond, or other adequate assurance, such as a financial statement or other materials acceptable to the Director. For Class VI wells, the permittee shall show evidence of such financial responsibility to the Director by the submission of a qualifying instrument, such as a financial statement or other materials acceptable to the Director. The owner or operator of a Class VI well must comply with the financial responsibility requirements set forth in R18-9-J660.

7. A permit for any Class I, II, III or VI well or injection project that lacks mechanical integrity shall include, and for any Class V well may include, a condition prohibiting injection operations until the permittee shows to the satisfaction of the Director under R18-9-B613 or R18-9-J664 of this Chapter for Class VI, that the well has mechanical integrity.

8. The Director shall impose on a case-by-case basis such additional conditions as are necessary to prevent the migration of fluids into USDWs.

B. In addition to conditions required in all permits, the Director shall establish conditions in permits as required on a case-by-case basis, to provide for and assure compliance with all applicable requirements of this Article. Applicable requirements include, but are not limited to:

1. State statutory or regulatory requirements in effect prior to final administrative disposition of a permit; or

2. Any requirement in effect prior to the modification or revocation and reissuance of a permit, to the extent allowed under R18-9-C632.

C. New or reissued permits, and to the extent allowed under R18-9-C632 modified or revoked and reissued permits, shall incorporate each of the applicable requirements referenced in this Section.

D. All permit conditions shall be incorporated either expressly or by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements must be given in the permit.

E. Permits shall provide language on duration, expiration and termination.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-D637 Compliance Schedule

A. A permit may, when appropriate, specify a schedule for compliance with this Article.

1. Any compliance schedules shall require compliance as soon as possible, and in no case later than three years after the effective date of the permit.

Except as provided in subsection (B)(1)(b) of this Section, if a permit establishes a compliance schedule that exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

a. The time between interim dates shall not exceed one year.

b. If the time necessary for completion of any interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall specify interim dates for the submission of reports of progress toward completion of the interim requirements and indicate a projected completion date.

3. The permit shall be written to require that if subsection (A)(1) of this Section is applicable, progress reports be submitted no later than 30 days following each interim date and the final date of compliance.

B. A permit applicant or permittee may cease conducting regulated activities at a given time by plugging and abandonment rather than continue to operate and meet permit requirements as follows:

1. If the permittee decides to cease conducting regulated activities at a given time within the term of a permit which has already been issued:

a. The permit may be modified to contain a new or additional schedule leading to timely cessation of activities; or

b. The permittee shall cease conducting permitted activities before noncompliance with any interim or final compliance schedule requirement already specified in the permit.

2. If the decision to cease conducting regulated activities is made before issuance of a permit whose term will include the termination date, the permit shall contain a schedule leading to termination that will ensure timely compliance with the applicable requirements.

3. If the permittee is undecided whether to cease conducting regulated activities, the Director may issue or modify a permit to contain two schedules as follows:

a. Both schedules shall contain an identical interim deadline requiring a final decision on whether to cease conducting regulated activities no later than a date that ensures sufficient time to comply with applicable requirements in a timely manner if the decision is to continue conducting regulated activities;

b. One schedule shall lead to timely compliance with applicable requirements;

c. The second schedule shall lead to cessation of the regulated activities by a date that ensures timely compliance with applicable requirements; and

d. Each permit containing two schedules shall include a requirement that after the permittee has made a final decision under subsection (B)(3)(a) of this Section it shall follow the schedule leading to compliance if the decision is to continue conducting the regulated activities, and follow the schedule leading to termination if the decision is to cease conducting regulated activities.

4. The applicant's or permittee's decision to cease conducting regulated activities shall be evidenced by a firm public commitment satisfactory to the Director, such as a resolution of the board of Directors of a corporation.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-D638 Requirements for Recording and Reporting Monitoring Results

All permits shall specify:

1. Requirements concerning the proper use, maintenance, and installation, when appropriate, of monitoring equipment or methods, including biological monitoring methods when appropriate;

2. Required monitoring including type, intervals, and frequency sufficient to yield data that are representative of the monitored activity including when appropriate, continuous monitoring; and

3. Applicable reporting requirements based upon the impact of the regulated activity and as specified under this Article. Reporting shall be no less frequent than specified in the above regulations.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-D639 Corrective Action

A. Applicants for Class I, II, or III injection well permits shall identify the location of all known wells within the injection well's area of review that penetrates the injection zone, or in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review penetrating formations affected by the increase in pressure. For such wells that are improperly sealed, completed, or abandoned, the applicant shall also submit a plan consisting of such steps or modifications as are necessary to prevent movement of fluid into USDWs. Where the plan is adequate, the Director shall incorporate it into the permit as a condition. Where the Director's review of an application indicates that the permittee's plan is inadequate, the Director shall require the applicant to revise the plan, prescribe a plan for corrective action as a condition of the permit under subsection (B) through (E) of this Section, or deny the application. The Director may disregard the provisions of R18-9-B612 and this Section when reviewing an application to permit an existing Class II well.

B. Any permit issued for an existing injection well, other than Class II wells, requiring corrective action shall include a compliance schedule requiring any corrective action accepted or prescribed under subsection (A) of this Section to be completed as soon as possible.

C. No owner or operator of a new injection well may begin injection until all required corrective action has been taken.

D. The Director may require as a permit condition that injection pressure be so limited that pressure in the injection zone does not exceed hydrostatic pressure at the site of any improperly completed or abandoned well within the area of review. This pressure limitation shall satisfy the corrective action requirement. Alternatively, such injection pressure limitation can be part of a compliance schedule and last until all other required corrective action has been taken.

E. When setting corrective action requirements for Class III wells, the Director shall consider the overall effect of the project on the hydraulic gradient in potentially affected USDWs, and the corresponding changes in potentiometric surface or surfaces and flow direction or directions rather than the discrete effect of each well. If a decision is made that corrective action is not necessary based on the determinations above, the monitoring program required in R18-9-G647(B) shall be designed to verify the validity of such determinations.

F. In determining the adequacy of corrective action proposed by the applicant under this Section and in determining the additional steps needed to prevent fluid movement into USDWs, the following criteria and factors shall be considered by the Director:

1. Nature and volume of injected fluid;

2. Nature of native fluids or by-products of injection;

Potentially affected population;

Geology;

5. Hydrology;

6. History of the injection operation;

7. Completion and plugging records;

8. Abandonment procedures in effect at the time the well was abandoned; and

9. Hydraulic connections with USDWs.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Article 7 USE OF RECYCLED WATER

Part D GRAY WATER

Ariz. Admin. Code § R18-9-D701 Type 1 Recycled Water General Permit for Gray Water

A. A Type 1 Recycled Water General Permit for Gray Water allows private residential use of gray water for a flow of less than 400 gallons per day if all the following conditions are met:

1. Human contact with gray water and soil irrigated by gray water is avoided;

2.1. Gray water originating from the residence is used and contained within the property boundary for household gardening, composting, or landscape watering;

2. Human contact with gray water and soil watered by gray water is avoided;

3. Surface application of gray water is not used for watering of food plants, except for trees and shrubs which have an edible portion that does not come into contact with the gray water;

4. The gray water does not contain hazardous chemicals derived from activities such as cleaning car parts, washing greasy or oily rags, or disposing of waste solutions from hobbyist or home occupational activities;

5. The gray water does not contain water used to wash diapers or similarly soiled or infectious garments;

5. 6. The application of gray water is managed to minimize standing water on the surface by using measures such as avoiding overwatering, distributing the gray water beneath a mulch or other cover, and using best practices to improve soil condition and increase filtration;

6. 7. If blockage, backup, or overload of the system occurs, gray water distribution shall cease until the deficiency is corrected. The gray water system may include components to reduce blockage and backup and be operated using best practices to extend system lifetime;

7. 8. Gray water surge tanks, if any, are covered to restrict access and to eliminate habitat for mosquitoes or other vectors, and holding time is minimized to avoid development of anaerobic conditions and odors;

8. 9. The gray water system is sited outside of a floodway;

9. 10.The gray water system is operated to maintain a minimum vertical separation distance of at least five feet from the point of gray water application to the top of the seasonally high groundwater table;

10. 11.For a residence using an on-site wastewater treatment facility for black water treatment and disposal, the use of a gray water system does not change the design, capacity, or reserve area requirements for the on-site wastewater treatment facility at the residence, and ensures the facility can handle the combined black water and gray water flow;

11. 12. Any pressure piping used in a gray water system that may be susceptible to cross connection with a potable water system clearly indicates the piping does not carry potable water; and

12. Gray water applied by surface irrigation does not contain water used to wash diapers or similarly soiled or infectious garments unless the gray water is disinfected before irrigation; and

13. Surface application of gray water is only by flood or drip distribution methods. Flood distribution methods may include containment by horticultural mulch basins and swales.

B. Prohibitions. The following are prohibited:

1. Gray water use for purposes other than watering and composting, and

2. Application of gray water by a spray method.

C. Towns, cities, or counties may further limit the use of gray water described in this Section by rule or ordinance.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-711 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Ariz. Admin. Code § R18-9-D702 Type 3 Recycled Water General Permit for Gray Water

A. A Type 3 Recycled Water General Permit for Gray Water allows for the use of gray water for landscape irrigation and composting if:

1. The general permit described in R18-9-D701 does not apply,

2. The flow is not more than 3000 gallons per day, and

3. The gray water system satisfies the notification, design, and installation requirements specified in subsections (B) and (C).

B. A person shall file a Notice of Intent to Operate a Gray Water System with the Department on a form provided by the Department. The Notice of Intent to Operate shall include:

1. The name, address, e-mail address, and telephone number of the applicant;

The social security number of the applicant, if the applicant is an individual;

3. A legal description of the direct reuse site, including The latitude and longitude coordinates;

3. A description of the sources of gray water and calculations demonstrating the flow is not more than 3000 gallons per day;

4. Design plans for the gray water system;

5. The applicant's certification that the applicant agrees to comply with the requirements of this Article and the terms of this Recycled Water General Permit for Gray Water; and

6. The applicable permit fee specified under 18 A.A.C. 14.

C. The following requirements apply to the design, installation, and operation of a gray water system allowed under this Recycled Water General Permit for Gray Water:

1. Design of the gray water irrigation system shall meet the on-site wastewater treatment facility requirements under R18-9-A312(C), (D)(1), (D)(2), (E)(1), (G), and R18-9-E302(C)(1), except the septic tank specified in R18-9-E302(C)(1) is not required if pretreatment of gray water is not necessary for the intended application;

2. Design of the dispersal trenches for the gray water irrigation system shall meet the on-site wastewater treatment facility requirements for shallow trenches specified in R18-9-E302(C)(2) ;

3. The depth of the gray water dispersal trenches shall be appropriate for the intended irrigation use but not more than 5 feet below the finished grade of the native soil; and

4. The void space volume of the aggregate fill in the gray water dispersal trench below the bottom of the distribution pipe shall have enough capacity to contain two days of gray water at the design flow.

1. Human contact with gray water and soil irrigated by gray water is avoided;

2. Gray water is not applied to an exposed surface but into a bed or trench of permeable material, through piping installed below the soil surface, or by similar means. Spray irrigation of gray water is not allowed. The application of gray water shall not result in standing water on the surface.

The design shall ensure gray water is used and contained within the property boundary for landscape irrigation or composting;

4. Gray water is not used for irrigation of food plants, except for trees and shrubs which have an edible portion that does not come into contact with the gray water;

5. The gray water may contain water from drinking fountains but does not contain hazardous chemicals derived from industrial, hobbyist, or similar activities at the site;

6. Gray water does not contain water used to wash diapers or similarly soiled or infectious garments;

7. The gray water system is constructed so if blockage, plugging, or backup of the system occurs, gray water can be directed into the sewage collection system or on-site wastewater treatment and disposal system, as applicable;

8. Gray water surge tanks, if any, are covered to restrict access and to eliminate habitat for mosquitoes or other vectors, and holding time is minimized to avoid development of anaerobic conditions and odors;

9. The gray water system is sited outside of a floodway;

10. The gray water system is operated to maintain a minimum vertical separation distance of at least five feet from the point of gray water application to the top of the seasonally high groundwater table;

11. If an on-site wastewater treatment facility is used for black water treatment and disposal, the use of a gray water system does not change the design, capacity, or reserve area requirements for the on-site wastewater treatment facility so the facility may handle the combined black water and gray water flow; and

12. Any piping used in a gray water system susceptible to cross connection with a potable water system clearly indicates the piping does not carry potable water.

D. The applicant shall not operate the gray water system until the Department issues a written Recycled Water Authorization under R18-9-A704(C).

E. The Department may issue a Recycled Water Authorization that differs from the requirements specified in subsection (C) if the system provides equivalent performance and protection of human health and water quality.

F. In the Recycled Water Authorization, the Department may require a permittee to report data or information for any of the conditions in this section if the Department deems the reporting necessary to protect human health or water quality or both.

History

• New Section adopted by final rulemaking at 7 A.A.R. 758, effective January 16, 2001 (Supp. 01-1). Amended and renumbered from R18-9-719 by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018.

Article 8 ADVANCED WATER PURIFICATION

Part D GENERAL PERMIT REQUIREMENTS

Ariz. Admin. Code § R18-9-D819 Public Notice

A. AWP Permits.

1. The Department shall provide the entities specified in subsection (A)(2) with monthly written notification, by regular mail or electronically, upon the occurrence of any of the following:

a. Receipt of AWP permit or demonstration permit applications;

b. Preliminary and final determinations by the Director related to issuance or denial of an AWP permit or demonstration permit;

c. Issuance of significant permit amendments;

d. A determination made by the Director to revoke a permit; or

e. Issuance of a permit renewal.

2. Entities.

a. Each county department of health, environmental service department, or comparable department,

b. A federal, state, local agency, or council of government, that may be affected by the permit action, and

c. A person who requested, in writing, notification of the activities described in subsection (A)(1).

B. The Department shall additionally post the information referenced in subsections (A)(1) and (2) on the Department website: www.azdeq.gov.

History

• Former Section R9-8-361 renumbered without change as Section R18-9-819 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed by final rulemaking at 7 A.A.R. 235, effective December 8, 2000 (Supp. 00-4). New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-D820 Public Participation

A. Notice of Preliminary Decision.

1. The Department shall publish a notice of preliminary decision regarding the issuance or denial of a significant amendment or a final permit determination related to an AWP project on its website.

a. Along with the public notice, the Department shall provide a copy of the draft permit along with a fact sheet for the AWP project.

b. The AWPRA applicant or permittee of the AWP project shall publish the notice of preliminary decision regarding the issuance or denial of a significant amendment or a final permit determination in a mailer sent to all drinking water customers within their service area.

2. The Department shall accept written comments from the public before a significant amendment or a final permit determination is made. Written public comment is limited to the scope of the issuance or denial of a significant amendment or a final permit determination under subsection (A)(1) of this section.

3. The written public comment period begins on the publication date of the notice of preliminary decision and extends for a minimum of 30 days.

B. Public hearing.

1. The Department shall provide, at minimum, a 30-day notice and shall conduct a public hearing to address a notice of preliminary decision regarding a significant amendment or final permit determination if:

a. Significant public interest in a public hearing exists; or

b. Significant issues or information has been brought to the attention of the Department that have not been considered previously in the permitting process.

2. If, after publication of the notice of preliminary decision, the Department determines that a public hearing is necessary, the Department shall schedule a public hearing and publish notice of the public hearing on its website and the AWPRA applicant or permittee of the AWP project shall publish the notice of public hearing in a mailer sent to all drinking water customers within their service area.

3. The Department shall accept written public comment until the close of the hearing record.

C. The Department shall respond in writing to all comments submitted during the public comment period.

D. The Department shall notify an AWPRA applicant or permittee of a significant amendment or final permit determination through regular or electronic mail.

Simultaneously, and in the same manner, the Department shall provide a notice of the amendment or determination along with the summary of response to comments to any person who submitted comments or attended a public hearing on the significant amendment or final permit determination.

2. The AWPRA applicant or permittee of the AWP project shall publish the final determination regarding the issuance or denial of a significant amendment or a final permit determination in a mailer sent to all drinking water customers within their service area.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-D821 Permit Amendments

A. The Director may amend an AWP permit based upon a request or upon the Director's initiative.

1. A permittee shall submit a request for permit amendment in writing on a form prescribed by the Director with the applicable fee established in A.A.C. Title 18, Chapter 14, explaining the facts and reasons justifying the request.

2. The Department shall process amendment requests following the licensing time-frames established under A.A.C. Title 18, Chapter 1, Article 5, Table 10.

An amended permit supersedes the previous permit upon the effective date of the amendment.

B. Significant Amendment.

1. Significant AWP permit amendments may include, but are not limited to:

a. Changes to the enhanced source control program that will result in a change in the water quality of any unit of operation or the advanced treated water,

b. Any modification to the facility that will result in a change in the water quality of any unit of operation or the advanced treated water,

c. Any change to the critical control points,

d. Reductions to monitoring,

e. Changes to any approved blending plans,

f. Significant source water quality changes that will result in a change in the water quality of any unit of operation or the advanced treated water,

g. The addition or removal of an AWPRA partner from the AWPRA, and

h. Authorization to deliver advanced treated water or distribute finished water following completion of post-permit compliance schedule items.

2. An AWPRA shall submit, along with the detailed permit amendment request in subsection (A)(1), an explanation of the proposed modifications as well as the safeguards that the AWTF will implement to ensure that the quality of the water served will not be adversely affected by any modification.

C. Minor Amendment. Minor AWP permit amendments may include, but are not limited to:

1. Correcting typographical errors,

2. Changing non-technical administrative information,

3. Correcting minor technical errors, such as locational information and citations of law,

4. Increasing the frequency of monitoring or reporting,

5. Making changes in a recordkeeping retention requirement, and

6. Changes to the treatment train, monitoring equipment, or any other component that is not a replacement of, or substantially similar to the approved components, but will not result in a change in the advanced treated water.

D. The public notice and public participation requirements in R18-9-D819 and R18-9-D820 apply to a significant amendment. A minor amendment does not require public notice or public participation.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-D822 Permit Term; Permit Renewal

A. An AWP permit and demonstration permit are valid for five years from the date the permit is issued pursuant to R18-9-C816.

B. An AWPRA authorized under an AWP permit or demonstration permit shall submit an application for renewal on a form prescribed by the Director with the applicable fee established in A.A.C. Title 18, Chapter 14 at least 180 calendar days before the end of the permit term.

1. If an administratively complete application for renewal of an AWP permit or demonstration permit is not received by the Department prior to the end of the permit term, the AWP permit or demonstration permit expires.

If an administratively complete application for renewal of an AWP permit or demonstration permit is received by the Department prior to the end of the permit term, the AWP permit or demonstration permit term extends until a renewal determination is made.

C. The AWPRA shall demonstrate the following requirements to the Department in a renewal application submitted on a form prescribed by the Director:

1. Continued compliance throughout the most recent AWP permit term, or otherwise documentation of data related to any excursion from approved advanced treated water quality parameters,

a. Excursions shall be monitored at all AWP project components including, but not limited to:

i. The treatment process at the AWTF,

ii. The treatment process at the WRF,

iii. The collection system, and

iv. Any non-domestic discharger regulated under the enhanced source control program, and

b. If excursions are detected, the AWPRA shall demonstrate evidence of corrective actions taken in response to the excursion and data confirming that those corrective actions did not impact advanced treated water quality.

2. Facility design documents and as-built construction and configuration reports of all engineered elements of the facility which accurately represent the most current facility, pursuant to R18-9-B810, along with documentation of any compliance challenges with the approved facility design within the most recent AWP permit term,

3. Any proposed modification to an operation, treatment process, treatment configuration, or water quality parameter from the facility design most recently approved under an AWP permit shall result in preparation and submission the applicable, following documents to the Department:

a. Detailed construction plans of the site and work to be done, presented in legible form and of sufficient scale, to establish construction requirements to facilitate effective review,

b. Complete specifications to supplement the construction plans in subsection (C)(3)(a), including vendor data demonstrating validation information,

c. A design plan that describes the proposed construction and basis of design, provides design data and other pertinent information that defines the work to be done, and establishes the adequacy of the design to meet the system demand and the requirements of this Article,

d. A certificate of completion of a final inspection of the AWTF signed, dated, and sealed by an Arizona-registered professional engineer in a format approved by the Department,

e. A Pilot Study Plan and report prepared pursuant to R18-9-C815,

f. A list of construction material used pursuant to R18-9-B806, and

4. An updated Operations Plan, prepared pursuant to R18-9-F836, and revised, as necessary, which includes, but is not limited to:

a. An updated list of operators who are certified by the Department appropriately for all facilities within an AWP project, including any finished water distribution systems, and

b. Documentation of any periods of operator absence within the most recent AWP permit term, and

5. An updated vulnerability assessment, prepared pursuant to R18-9-F837, along with documentation of any compliance challenges with the vulnerability mitigation approach previously adopted within the most recent AWP permit term,

An updated Public Communications Plan, prepared pursuant to R18-9-B811, along with documentation of any changes to the AWPRA's service area during the most recent AWP permit term that affected plan implementation,

7. An updated Enhanced Source Control Plan, prepared pursuant to the program developed in R18-9-E824, with documentation of any changes to the Plan within the most recent AWP permit term,

8. An updated technical, managerial, and financial demonstration, prepared pursuant to R18-9-F833, with documentation of any changes made to the previously approved demonstration in effect during the most recent AWP permit term,

Documentation of source water characterization in compliance with the approach under initial source water characterization pursuant to R18-9-C814, as applicable if changes to the sewershed occur which impact the source water characterization report in effect during the most recent AWP permit term,

10. A renewed demonstration of compliance with all minimum design requirements pursuant to R18-9-F832, and

11. An updated Monitoring Plan, prepared pursuant to R18-9-E829, including the proposed pathogen and chemical action levels.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-D823 Permit Suspension, Revocation, Denial, or Termination

A. The Director may, after notice and opportunity for hearing, suspend or revoke an AWP permit or demonstration permit upon a determination of any of the following:

1. The AWPRA failed to comply with any applicable provision of this Title or any permit condition;

2. The AWPRA misrepresented or omitted a fact, information, or data related to an AWP permit application or permit condition;

3. A permitted activity is causing or will cause a violation of the Safe Drinking Water Act or any requirement of this Article at the entry point to a distribution system for delivery to drinking water consumers;

4. A permitted AWP facility is causing or will cause imminent and substantial endangerment to public health or the environment;

5. The AWPRA failed to maintain the financial capability pursuant to R18-9-F833; or

6. The AWPRA failed to construct a facility within five years of permit issuance.

B. The Director may deny an AWP permit or demonstration permit upon a determination that the AWPRA applicant has:

1. Failed or refused to correct a deficiency in the permit application;

Failed to demonstrate that the facility and the operation will comply with the requirements of this Article and all applicable requirements in Chapter 4 and Chapter 5 of this Title. The Director shall base this determination on:

a. The information submitted in the AWP permit application;

b. Any information submitted to the Department following a public hearing; or

c. Any relevant information that is developed or acquired by the Department; or

3. Provided false or misleading information.

C. The Director may terminate an AWP permit or AWP demonstration permit if the AWP project covered under the permit:

1. Is in substantial non-compliance with this Article or the Safe Drinking Water Act such that the continued operation of the facility presents a risk to public health or public safety that cannot be sufficiently abated or addressed through other enforcement mechanisms available to the Department under this Article;

2. Is determined to have provided false information to the Department, or certified false or misleading reports;

3. Is abandoned or no longer actively distributing or producing water under an AWP permit or demonstration permit; or

4. At the permit holder's request upon prior notification to the Department.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Article 9 ARIZONA POLLUTANT DISCHARGE ELIMINATION SYSTEM

Part D ANIMAL FEEDING OPERATIONS AND CONCENTRATED ANIMAL FEEDING OPERATIONS

Ariz. Admin. Code § R18-9-D901 CAFO Designations

A. Two or more animal feeding operations under common ownership are considered a single animal feeding operation if they adjoin each other or if they use a common area or system for the disposal of wastes.

B. The Director shall designate an animal feeding operation as a CAFO if the animal feeding operation significantly contributes a pollutant to a navigable water. The Director shall consider the following factors when making this determination:

1. The size of the animal feeding operation and the amount of wastes reaching a navigable water;

2. The location of the animal feeding operation relative to a navigable water;

3. The means of conveyance of animal wastes and process wastewaters into a navigable water;

4. The slope, vegetation, rainfall, and any other factor affecting the likelihood or frequency of discharge of animal wastes and process wastewaters into a navigable water; and

5. Any other relevant factor.

C. The Director shall conduct an onsite inspection of the animal feeding operation before the making a designation under subsection (B).

D. The Director shall not designate an animal feeding operation having less than the number of animals established in R18-9-A901(19)(a) as a CAFO unless a pollutant is discharged:

1. Into a navigable water through a manmade ditch, flushing system, or other similar manmade device; or

2. Directly into a navigable water that originates outside of and passes over, across, or through the animal feeding operation or otherwise comes into direct contact with the animals confined in the operation.

E. If the Director makes a designation under subsection (B), the Director shall notify the owner or operator of the operation, in writing, of the designation.

History

• New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R18-9-D902 AZPDES Permit Coverage Requirements

A. Any person who owns or operates a CAFO, except as provided in subsections (B) and (C), shall submit an application for an individual permit under R18-9-B901(B) or seek coverage under a general permit under R18-9-C901(B) within the applicable deadline specified in R18-9-D904(A).

B. If a person who owns or operates a large CAFO receives a no potential to discharge determination under R18-9-D903, coverage under an AZPDES permit described in this Part is not required.

C. The discharge of manure, litter, or process wastewater to a navigable water from a CAFO as a result of the application of manure, litter, or process wastewater by the CAFO to land areas under its control is subject to AZPDES permit requirements, except where it is an agricultural stormwater discharge as provided in section 502(14) of the Clean Water Act (33 U.S.C. 1362(14)). For purposes of this Section, an "agricultural stormwater discharge" means a precipitation-related discharge of manure, litter, or process wastewater from land areas under the control of a CAFO when the person who owns or operates the CAFO has applied the manure, litter, or process wastewater according to site-specific nutrient management practices to ensure appropriate agricultural use of the nutrients in the manure, litter, or process wastewater, as specified under 40 CFR 122.42(e)(1)(vi) through (ix).

History

• New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R18-9-D903 No Potential to Discharge Determinations for Large CAFOs

A. For purposes of this Section, "no potential to discharge" means that there is no potential for any CAFO manure, litter, or process wastewater to enter into a navigable water under any circumstance or climatic condition.

B. Any person who owns or operates a large CAFO and has not had a discharge within the previous five years may request a no potential to discharge determination by submitting to the Department:

1. The information specified in 40 CFR 122.21(f) and 40 CFR 122.21(i)(1)(i) through (ix) on a form obtained from the Department, by the applicable date specified in R18-9-D904(A); and

2. Any additional information requested by the Director to supplement the request or requested through an onsite inspection of the CAFO.

C. Process for making a no potential to discharge determination.

1. Upon receiving a request under subsection (B), the Director shall consider:

a. The potential for discharges from both the production area and any land application area, and

b. Any record of prior discharges by the CAFO.

2. The Director shall issue a public notice that includes:

a. A statement that a no potential to discharge request has been received;

b. A fact sheet, when applicable;

c. A brief description of the type of facility or activity that is the subject of the no potential to discharge determination;

d. A brief summary of the factual basis, upon which the request is based, for granting the no potential to discharge determination; and

e. A description of the procedures for reaching a final decision on the no potential to discharge determination.

3. The Director shall base the decision to grant a no potential to discharge determination on the administrative record, which includes all information submitted in support of a no potential to discharge determination and any other supporting data gathered by the Director.

4. The Director shall notify the owner or operator of the large CAFO of the final determination within 90 days of receiving the request.

D. If the Director determines that the operation has the potential to discharge, the person who owns or operates the CAFO shall seek coverage under an AZPDES permit within 30 days after the determination of potential to discharge.

E. A no potential to discharge determination does not relieve the CAFO from the consequences of a discharge. An unpermitted CAFO discharging a pollutant into a navigable water is in violation of the Clean Water Act even if the Director issues a no potential to discharge determination for the facility. If the Director issues a determination of no potential to discharge to a CAFO facility but the owner or operator anticipates a change in circumstances that could create the potential for a discharge, the owner or operator shall contact the Director and apply for and obtain permit authorization before the change of circumstances.

F. When the Director issues a determination of no potential to discharge, the Director retains the authority to subsequently require AZPDES permit coverage if:

1. Circumstances at the facility change;

2. New information becomes available; or

3. The Director determines, through other means, that the CAFO has a potential to discharge.

History

• New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R18-9-D904 AZPDES Permit Coverage Deadlines

A. Any person who owns or operates a CAFO shall apply for or seek coverage under an AZPDES permit and shall comply with all applicable AZPDES requirements, including the duty to maintain permit coverage under subsection (C).

1. Permit coverage deadline for an animal feeding operation operating before April 14, 2003.

a. An owner or operator of an animal feeding operation that operated before April 14, 2003 and was defined as a CAFO before February 2, 2004 shall apply for or seek permit coverage or maintain permit coverage and comply with the conditions of the applicable AZPDES permit;

b. An owner or operator of an animal feeding operation that operated before April 14, 2003 and was not defined as a CAFO until February 2, 2004 shall apply for or seek permit coverage by a date specified by the Director, but no later than February 13, 2006;

c. An owner or operator of an animal feeding operation that operated before April 14, 2003 who changes the operation on or after February 2, 2004, resulting in the operation being defined as a CAFO, shall apply for or seek permit coverage as soon as possible, but no later than 90 days after the operational change. If the operational change will not make the operation a CAFO as defined before February 2, 2004, the owner or operator may take until April 13, 2006 or 90 days after the operation is defined as a CAFO, whichever is later, to apply for or seek permit coverage;

d. An owner or operator of an animal feeding operation that operated before April 14, 2003 who constructs additional facilities on or after February 2, 2004, resulting in the operation being defined as a CAFO that is a new source, shall apply for or seek permit coverage at least 180 days before the new source portion of the CAFO commences operation. If the calculated 180-day deadline occurs before February 2, 2004 and the operation is not subject to this Article before February 2, 2004, the owner or operator shall apply for or seek permit coverage no later than March 3, 2004.

Permit coverage deadline for an animal feeding operation operating on or after April 14, 2003. An owner or operator who started construction of a CAFO on or after April 14, 2003, including a CAFO subject to the effluent limitations guidelines in 40 CFR 412, shall apply for or seek permit coverage at least 180 days before the CAFO commences operation. If the calculated 180-day deadline occurs before February 2, 2004 and the operation is not subject to this Article before February 2, 2004, the owner or operator shall apply for or seek permit coverage no later than March 3, 2004.

3. Permit coverage deadline for a designated CAFO. Any person who owns or operates a CAFO designated under R18-9-D901(B) shall apply for or seek permit coverage no later than 90 days after receiving a designation notice.

B. Unless specified under R18-9-D903(E) and (F), the Director shall not require permit coverage for a CAFO that the Director determines under R18-9-D903 to have no potential to discharge. If circumstances change at a CAFO that has a no potential to discharge determination and the CAFO now has a potential to discharge, the person who owns or operates the CAFO shall notify the Director within 30 days after the change in circumstances and apply for or seek coverage under an AZPDES permit.

C. Duty to maintain permit coverage.

1. The permittee shall:

a. If covered by an individual AZPDES permit, submit an application to renew the permit no later than 180 days before the expiration of the permit under R18-9-B904(B); or

b. If covered by a general AZPDES permit, comply with R18-9-C903(B).

2. Continued permit coverage or reapplication for a permit is not required if:

a. The facility ceases operation or is no longer a CAFO; and

b. The permittee demonstrates to the Director that there is no potential for a discharge of remaining manure, litter, or associated process wastewater (other than agricultural stormwater from land application areas) that was generated while the operation was a CAFO.

History

• New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Ariz. Admin. Code § R18-9-D905 Closure Requirements

A. Closure.

1. A person who owns or operates a CAFO shall notify the Department of the person's intent to cease operations without resuming an activity for which the facility was designed or operated.

2. A person who owns or operates a CAFO shall submit a closure plan to the Department for approval 90 days before ceasing operation. The closure plan shall describe:

a. For operations that met the "no potential to discharge" under R18-9-D903, facility-related information based on the Notice of Termination form for the applicable general permit;

b. The approximate quantity of manure, process wastewater, and other materials and contaminants to be removed from the facility;

c. The destination of the materials to be removed from the facility and documentation that the destination is approved to accept the materials;

d. The method to treat any material remaining at the facility;

e. The method to control the discharge of pollutants from the facility;

f. Any limitations on future land or water use created as a result of the facility's operations or closure activities;

g. A schedule for implementing the closure plan; and

h. Any other relevant information the Department determines necessary.

B. The owner or operator shall provide the Department with written notice that a closure plan has been fully implemented within 30 calendar days of completion and before redevelopment.

History

• New Section made by final rulemaking at 9 A.A.R. 5564, effective February 2, 2004 (Supp. 03-4).

Article 3 AQUIFER PROTECTION PERMITS - GENERAL PERMITS

Part E TYPE 4 GENERAL PERMITS

Ariz. Admin. Code § R18-9-E301 4.01 General Permit: Sewage Collection Systems

A. A 4.01 General Permit allows for construction and operation of a new sewage collection system or expansion of an existing sewage collection system involving new construction as follows:

1. A sewage collection system or portion of a sewage collection system that serves downstream from the point where the daily design flow is 3000 gallons per day based on Table 1, Unit Design Flows, except a gravity sewer line conveying sewage from a single building drain directly to an interceptor, collector sewer, lateral, or manhole regardless of daily design flow;

2. A sewage collection system that includes a manhole; or

3. A sewage collection system that includes a force main or lift station serving more than one dwelling.

B. Performance. An applicant shall design, construct, and operate a sewage collection system so that the sewage collection system:

1. Provides adequate wastewater flow capacity for the planned service area;

2. Minimizes sedimentation, blockage, and erosion through maintenance of proper flow velocities throughout the system;

3. Prevents releases of sewage to the land surface through appropriate sizing, capacities, and inflow and infiltration prevention measures throughout the system;

4. Protects water quality through minimization of exfiltration losses from the system;

5. Provides for adequate inspection, maintenance, testing, visibility, and accessibility;

6. Maintains system structural integrity; and

7. Minimizes septic conditions in the sewage collection system.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B), an applicant shall submit the following information:

1. A statement on a form approved by the Director, signed by the owner or operator of the sewage treatment facility that treats or processes the sewage from the proposed sewage collection system.

a. The statement shall affirm that the additional volume of wastewater delivered to the facility by the proposed sewage collection system will not cause any flow or effluent quality limits of the individual permit for the facility to be exceeded.

b. If the facility is classified as a groundwater protection permit facility under A.R.S. § 49-241.01(C), or if no flow or effluent limits are applicable, the statement shall affirm that the design flow of the facility will not be exceeded;

2. If the proposed sewage collection system delivers waste-water to a downstream sewage collection system under different ownership or control, a statement on a form approved by the Director, signed by the owner or operator of the downstream sewage collection system, affirming that the downstream system can maintain the performance required by subsection (B) when receiving the increased flows;

3. A general site plan showing the boundaries and key aspects of the project;

Construction quality drawings that provide overall details of the site and the engineered works comprising the project including:

a. The plans and profiles for all sewer lines, manholes, force mains, depressed sewers, and lift stations with sufficient detail to allow Department verification of design and performance characteristics;

b. Relevant cross sections showing construction details and elevations of key components of the sewage collection system to allow Department verification of design and performance characteristics, including the slope of each gravity sewer segment stated as a percentage; and

c. Drainage features and controls, and erosion protection as applicable, for the components of the project; and

d. Horizontal and vertical location of utilities within the area affected by the sewer line construction;

5. Documentation of design flows for significant components of the sewage collection system and the basis for calculating the design flows;

Drawings, reports, and other information that are clear, reproducible, and in a size and format specified by the Department. The applicant may submit the drawings in a Department-approved electronic format; and

7. Design documents, including plans, specifications, drawings, reports, and calculations that are signed, dated, and sealed by an Arizona-registered professional engineer. The designer shall use good engineering judgment by following engineering standards of practice, and rely on appropriate engineering methods, calculations, and guidance.

D. Design requirements.

1. General Provisions. An applicant shall design and construct a new sewage collection system or an expansion of an existing sewage collection system involving new construction, according to the requirements of this general permit. An applicant shall:

a. Base design flows for components of the system on unit flows specified in Table 1, Unit Design Flows.

b. Design gravity sewer lines and all other sewage collection system components, including, manholes, force mains, lift stations, depressed sewers, and appurtenant devices and structures to accommodate maximum sewage flows as follows:

i. Any point in a sewer main when flowing full can accommodate a peak wet weather flow calculated by multiplying the sum of the upstream sources of flow from Table 1, Unit Design Flows by a dry weather peaking factor based on upstream population, as tabulated below, and adding a wet weather infiltration and inflow rate based on either a percentage of peak dry weather flow or a gallons per acre rate of flow;

| Upstream Population | Dry Weather Peaking Factor | | --- | --- | | 100 | 3.62 | | 200 | 3.14 | | 300 | 2.90 | | 400 | 2.74 | | 500 | 2.64 | | 600 | 2.56 | | 700 | 2.50 | | 800 | 2.46 | | 900 | 2.42 | | 1000 | 2.38 | | 1001 to 10,000 | PF = (6.330 x p ^-0.231) + 1.094 | | 10,001 to 100,000 | PF = (6.177 x p ^-0.233) + 1.128 | | More than 100,000 | PF = (4.500 x p ^-0.174) + 0.945 | | PF = Dry Weather Peaking Factor p = Upstream Population | |

ii. For a lift station serving less than 600 single family dwelling units (d.u.), use either of the following methods to size the pumps for peak dry weather flow in gallons per minute and add an allowance for wet weather flow and infiltration:

(1) Peak dry weather flow = 17 d.u.^0.42, or

(2) Peak dry weather flow = 11.2 (population)^0.42

iii. If justified by the applicant, the Department may accept lower unit flow values in the served area due to significant use of low-flow fixtures, hydrographs of actual flows, or other factors;

c. Use the "Uniform Standard Specifications for Public Works Construction" (revisions through 2004) and the "Uniform Standard Details for Public Works Construction" (revisions through 2004) published by the Maricopa Association of Governments, and the "Standard Specifications for Public Improvements," (2003 Edition), and "Standard Details for Public Improvements," (2003 Edition), published jointly by Pima County Wastewater Management and the City of Tucson, as the applicable design and construction criteria, unless the Department approves alternative design standards or specifications. An applicant in a county other than Maricopa and Pima shall use design and construction criteria from either the Maricopa Association of Governments or the Pima County Wastewater Management and the City of Tucson for the facility unless alternative criteria are designated by the Department.

i. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material.

ii. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the Maricopa Association of Governments, 302 N. 1st Avenue, Suite 300, Phoenix, Arizona 85003, or on the web at http://www.mag.maricopa.gov/archive/Newpages/on-line.htm; or from Pima County Wastewater Management, 201 N. Stone Avenue, Tucson, Arizona 85701-1207, or on the web at http://www.pima.gov/wwm/stddet;

d. Ensure that sewage collection system components are separated from drinking water distribution system components as specified in 18 A.A.C. 5, Article 5;

e. Ensure that sewage collection system components are separated from reclaimed water system components as specified in 18 A.A.C. 9, Article 6; and

f. Request review and approval of an alternative to a design feature specified in this Section by following the requirements in R18-9-A312(G).

2. Gravity sewer lines. An applicant shall:

a. Ensure that any sewer line that runs between manholes, if not straight, is of constant horizontal curvature with a radius of curvature not less than 200 feet;

b. Cover each sewer line with at least 3 feet of earth cover meeting the requirements of subsection (D)(2)(h). The applicant shall:

i. Include at least one note specifying this requirement in construction plans;

ii. If site-specific limitations prevent 3 feet of earth cover, provide the maximum cover attainable, construct the sewer line of ductile iron pipe or other design of equivalent or greater tensile and compressive strength, and note the change on the construction plans; and

iii. Ensure that the design of the pipe and joints can withstand crushing or shearing from any expected static and live load to protect the structural integrity of the pipe. Construction plans shall note locations requiring these measures;

c. If sewer lines cross or are constructed in flood ways;

i. Place the lines at least 2 feet below the level of the 100-year storm scour depth and calculated 100-year bed degradation and construct the lines using ductile iron pipe or pipe with equivalent tensile strength, compressive strength, shear resistance, and scour protection.

ii. If it is not possible to maintain the 2 feet of clearance specified in subsection (D)(2)(c)(i), using the process described in R18-9-A312(G), provide a design that ensures that the sewer line will withstand any lateral and vertical load for the scour and bed degradation conditions specified in subsection (D)(2)(c)(i);

iii. Ensure that sewer lines constructed in a flood-way extend at least 10 feet beyond the boundary of the 100-year storm scouring;

iv. If a sewer line is constructed in a floodway and is longer than the applicable maximum manhole spacing distance in subsection (D)(3)(a), using the process described in R18-9-A312(G), provide a design that ensures the performance standards in subsection (B) are met; and

v. Note locations requiring these measures on the construction plans;

d. Ensure that each sewer line is 8 inches in diameter or larger except the first 400 feet of a dead end sewer line with no potential for extension may be 6 inches in diameter if the design flow criteria specified in subsections (D)(1)(a) and (D)(1)(b) are met and the sewer line is installed with a slope sufficient to achieve a velocity of at least 3 feet per second when flowing full. If the line is extended, the applicant seeking the extension shall replace the entire length with larger pipe to accommodate the new design flow unless the applicant demonstrates with engineering calculations that using the existing 6-inch pipe will accommodate the design flow;

e. Design sewer lines with at least the minimum slope calculated from Manning's Formula using a coefficient of roughness of 0.013 and a sewage velocity of 2 feet per second when flowing full.

i. An applicant may request a smaller minimum slope under R18-9-A312(G) if the smaller slope is justified by a quarterly program of inspections, flushings, and cleanings.

ii. If a smaller minimum slope is requested, the applicant shall not specify a slope that is less than 50 percent of that calculated from Manning's formula using a coefficient of roughness of 0.013 and a sewage velocity of 2 feet per second.

iii. The ratio of flow depth in the pipe to the diameter of the pipe shall not exceed 0.75 in peak dry weather flow conditions;

f. Design sewer lines to avoid a slope that creates a sewage velocity greater than 10 feet per second. The applicant shall construct any sewer line carrying a flow with a normal velocity of greater than 10 feet per second using ductile iron pipe or pipe with equivalent erosion resistance, and structurally reinforce the receiving manhole or sewer main;

g. Design and install sewer lines, connections, and fittings with materials that meet or exceed manufacturer's specifications consistent with this Chapter to:

i. Limit inflows, infiltration, and exfiltration;

ii. Resist corrosion in the ambient electrochemical environment;

iii. Withstand anticipated static and live loads; and

iv. Provide internal erosion protection;

h. Indicate trenching and bedding details applicable for each pipe material and size in the design plans. Unless the Department approved alternative design standards or specifications under subsection (D)(1)(c), the applicant shall place and bed the sewer lines in trenches following the specifications in "Trench Excavation, Backfilling, and Compaction" (Section 601) revised 2004, published by the Maricopa Association of Governments; and "Rigid Pipe Bedding for Sanitary Sewers" (WWM 104) revised July 2002, and "Flexible Pipe Bedding for Sanitary Sewers" (WWM 105) revised July 2002, published by Pima County Wastewater Management. This material is part of the material incorporated by reference in subsection (D)(1)(b).

i. Perform a deflection test of the total length of all sewer lines made of flexible materials to ensure that the installation meets or exceeds the manufacturer's recommendations and record the results;

j. Test each segment of the sewer line for leakage using the applicable method below and record the results:

i. "Standard Test Method for Installation of Acceptance of Plastic Gravity Sewer Lines Using Low-Pressure Air, F1417-92(1998)," published by the American Society for Testing and Materials;

ii. "Standard Practice for Testing Concrete Pipe Sewer Lines by Low-Pressure Air Test Method, C924-02 (2002)," published by the American Society for Testing and Materials;

iii. "Standard Test Method for Low-Pressure Air Test of Vitrified Clay Pipe Lines, C828-03 (2003)," published by the American Society for Testing and Materials;

iv. "Standard Test Method for Hydrostatic Infiltration Testing of Vitrified Clay Pipe Lines, C1091-03a (2003)," published by the American Society for Testing Materials;

v. "Standard Practice for Infiltration ion and Exfiltration Acceptance Testing of Installed Precast Concrete Pipe Sewer Lines, C969-02 (2002)," published by the American Society for Testing Material; or

vi. "Standard Practice for Underground Installation of Thermoplastic Pipe for Sewers and Other Gravity-Flow Applications, D2321-00 (2000)," published by the American Society for Testing Materials; or

vii. The material listed in subsections (D)(2)(j)(i) through (vi) is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;

k. Test the total length of the sewer line for uniform slope by lamp lighting, remote camera or similar method approved by the Department, and record the results; and

l. Minimize the planting within the disturbed area of new sewage collection system construction of plant species having roots that are likely to reach and damage the sewer or impair the operation of the sewer or visual and vehicular access to any manhole.

3. Manholes.

a. An applicant shall install manholes at all grade changes, size changes, alignment changes, sewer intersections, and at any location necessary to comply with the following spacing requirements:

| Sewer Pipe Diameter (inches) | Maximum Manhole Spacing (feet) | | --- | --- | | Less than 8 | 400 | | 8 to less than 18 | 500 | | 18 to less than 36 | 600 | | 36 to less than 60 | 800 | | 60 or greater | 1300 |

b. The Department shall allow greater manhole spacing if the applicant follows the procedure provided in R18-9-A312(G) and provides documentation showing the operator possesses or has available specialized sewer cleaning equipment suitable for the increased spacing.

c. The applicant shall ensure that manhole design is consistent with "Pre-cast Concrete Sewer Manhole" #420-1, revised January 1, 2004 and #420-2, revised January 1, 2001, "Offset Manhole for 8" - 30" Pipe" #421 (1998), and "Sewer Manhole and Cover Frame Adjustment" #422, revised January 1, 2001, published by the Maricopa Association of Governments; and "Manholes and Appurtenant Items" (WWM 201 through WWM 211, except WWM 204, 205, and 206), revised July 2002, published by Pima County Wastewater Management. This material is part of the material incorporated by reference in subsection (D)(1)(b).

d. The applicant shall not locate manholes in areas subject to more than incidental runoff from rain falling in the immediate vicinity unless the manhole cover assembly is designed to restrict or eliminate storm-water inflow.

e. The applicant shall test each manhole using one of the following test protocols:

i. Watertightness testing by filling the manhole with water. The applicant shall ensure that the drop in water level following presoaking does not exceed 0.0034 of total manhole volume per hour;

ii. Negative air pressure testing using the "Standard Test Method for Concrete Sewer Manholes by Negative Air Pressure (Vacuum) Test, C1244-02e1 (2002)," published by the American Society for Testing and Materials. This material is incorporated by reference, does not include any later amendments or editions of the incorporated material and may be viewed at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007, or obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; or

iii. Holiday testing of a lined manhole constructed with uncoated rebar using the "High-Voltage Electrical Inspection of Pipeline Coatings, RP0274-2004 (2004)," published by the National Association of Corrosion Engineers (NACE International). This material is incorporated by reference as modified below, does not include any later amendments or editions of the incorporated material and may be viewed at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or obtained from NACE International, 1440 South Creek Drive, Houston, Texas 77084-4906. The following substitutions apply:

(1) Where the word "metal" is used in the standard, use the word "surface" instead; and

(2) Where the words "pipe" or "pipeline" are used, use the word "manhole" instead.

f. The applicant shall perform manhole testing under subsection (D)(3)(e) after installation of the manhole cone or top riser to verify watertightness integrity of the manhole from the top of the cone or riser down.

i. Upon satisfactory test results, the applicant shall install the manhole ring and any spacers, complete the joints, and seal the manhole to a watertight condition.

ii. If the applicant can install the manhole cone or top riser, spacers, and ring to final grade without disturbance or adjustment by later construction, the applicant may perform the testing from the top of the manhole ring on down.

g. The applicant shall locate a manhole to provide adequate visibility and vehicular maintenance accessibility following construction.

4. Force mains. An applicant may install a force main if it meets the following design, installation, and testing requirements. The applicant shall:

a. Design force mains to maintain a minimum flow velocity of 3 feet per second and a maximum flow velocity of 7 feet per second. The applicant may design for sustained periods of flow above 7 feet per second, if the applicant justifies the design using the process specified in R18-9-A312(G);

b. Ensure that force mains have the appropriate valves and controls required to prevent drainback to the lift station. If drainback is necessary during cold weather to prevent freezing, the control system may allow manual or automatic drainback;

c. Incorporate air release valves or other appropriate components in force mains at all high points along the line to eliminate air accumulation. If engineering calculations provided by the applicant demonstrate that air will not accumulate in a given high point under typical flow conditions, the Department shall waive the requirement for an air release valve;

d. Design restrained joints or thrust blocks on force mains to accommodate water hammer, surge control, and to prevent excessive movement of the force main. Submitted construction plans shall show restrained joint or thrust block locations and details;

e. If a force main is proposed to discharge directly to a sewage treatment facility without entering a flow equalization basin, include in the Notice of Intent to Discharge a statement from the owner or operator of the sewage treatment facility that the design is acceptable;

f. Design a force main to withstand a pressure of 50 pounds per square inch or more above the design working pressure for two hours and test upon completion to ensure no leakage;

g. Supply flow to a force main using a lift station that meets the requirements of subsection (D)(5); and

h. Ensure that force mains are designed to control odor.

5. Lift stations. An applicant shall:

a. Secure a lift station to prevent tampering and affix on its exterior, or on the nearest vertical object if the lift station is entirely below grade, at least one warning sign that includes the 24-hour emergency phone number of the owner or operator of the collection system;

b. Protect lift stations from physical damage from a 100-year flood event. An applicant shall not construct a lift station in a floodway;

c. Lift station wet well design.

i. Ensure that the minimum wet well volume in gallons is 1/4 of the product of the minimum pump cycle time, in minutes, and the total pump capacity, in gallons per minute;

ii. Protect the wet well against corrosion to provide at least a 20-year operational life;

iii. Ensure that wet well volume does not allow the sewage retention time to exceed 30 minutes unless the sewage is aerated, chemicals are added to prevent or eliminate hydrogen sulfide formation, or adequate ventilation is provided. Notwithstanding these measures, the applicant shall not allow the septic condition of the sewage to adversely affect downstream collection systems or sewage treatment facility performance;

iv. Ensure that excessively high or low levels of sewage in the wet well trigger an audible or visible alarm at the wet well site and at the system control center;

v. Ensure that a wet well designed to accommodate more than 5000 gallons per day has a horizontal cross-sectional area of at least 20 square feet; and

vi. Ensure that lift stations are designed to prevent odor from emanating beyond the lift station site;

d. Equip a lift station wet well with at least two pumps. The applicant shall ensure that:

i. The pumps are capable of passing a 2.5-inch sphere or are grinder pumps;

ii. The lift station is capable of operating at design flow with any one pump out of service; and

iii. Piping, valves, and controls are arranged to allow independent operation of each pump;

e. Not use suction pumps if the sewage lift is more than 15 feet. The applicant shall ensure that other types of pumps are self-priming and that pump water brake horsepower is at least 0.00025 times the product of the required discharge, in gallons per minute, and the required total dynamic head, in feet; and

f. For lift stations receiving an average flow of more than 10,000 gallons per day, include a standby power source and redundant wastewater level controls in the lift station design that will provide immediate service and remain available for 24 hours per day if the main power source or controls fail.

6. Depressed sewers. An applicant shall:

a. Size the depressed sewer to attain a minimum velocity of 3 feet per second through all barrels of the depressed sewer when the flow equals or exceeds the design daily peak dry weather flow,

b. Design the depressed sewer to convey the sewage flow through at least two parallel pipes at least 6 inches in diameter,

c. Include an inlet and outlet structure at each end of the inverted sewer,

d. Design the depressed sewer so that the barrels are brought progressively into service as flow increases to its design value, and

e. Design the depressed sewer to minimize release of odors to the atmosphere.

E. Additional Discharge Authorization requirements. An applicant shall:

1. Supply a signed, dated, and sealed Engineer's Certificate of Completion in a format approved by the Department that provides the following:

a. Confirmation that the project was completed in compliance with the requirements of this Chapter, as described in the plans and specifications corresponding to the Construction Authorization issued by the Director, or with changes that are reflected in as-built plans submitted with the Engineer's Certificate of Completion;

b. As-built plans, if required, that are properly identified and numbered; and

c. Satisfactory field test results from deflection, leakage, and uniform slope testing;

2. Provide any other relevant information required by the Department to determine that the facility conforms to the terms of the 4.01 General Permit; and

Provide a signed certification on a form approved by the Department that:

a. Confirms that an operation and maintenance manual exists for the sewage collection system;

b. Confirms that the operation and maintenance manual addresses components of operation and maintenance specified on the certification form;

c. Provides the 24-hour emergency number of the owner or operator of the sewage collection system; and

d. Provides an address where the operation and maintenance manual is maintained and confirms that the manual is available for inspection at that address by the Department on request.

F. Operation and maintenance requirements. The permittee shall:

1. Operate the new sewage collection system or expansion of an existing sewage collection system involving new construction using the operation and maintenance manual certified by the owner or operator in subsection (E)(3), to meet the performance standards specified in subsection (B), unless the permittee is operating the sewage collection system under a CMOM Plan under the general permit established in R18-9-C305;

2. Ensure that the sewage collection system is operated according to the operator certification requirements in 18 A.A.C. 5, Article 1; and

3. For safety during operation and maintenance of lift station and other confined space components of the sewage collection system, follow all applicable state and federal confined space entry requirements.

G. Recordkeeping. A person owning or operating a facility permitted under this Section shall maintain the documents listed in subsection (E) for the life of the facility and make them available to the Department upon request.

H. Repairs.

1. A Notice of Intent to Discharge is not required for sewage collection system repairs. Repairs include work performed in response to deterioration or damage of existing structures, devices, and appurtenances with the intent to maintain or restore the system to its original design flow and operational characteristics. Repairs do not include changes in vertical or horizontal alignment.

2. Components used in the repair shall meet the design, installation, and operational requirements of this Section.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E302 4.02 General Permit: Septic Tank with Disposal by Trench, Bed, Chamber Technology, or Seepage Pit, Less Than 3000 Gallons Per Day Design Flow

A. A 4.02 General Permit allows for the construction and operation of a system with less than 3000 gallons per day design flow consisting of a septic tank dispensing wastewater to an approved means of disposal described in this Section. Only gravity flow of wastewater from the septic tank to the disposal works is authorized by this general permit.

1. The standard septic tank and disposal works design specified in the 4.02 General Permit serves sites where no site limitations are identified by the site investigation conducted under R18-9-A310.

2. If site conditions allow, this general permit authorizes the discharge of wastewater from a septic tank meeting the requirements of R18-9-A314 to one of the following disposal works:

a. Trench,

b. Bed,

c. Chamber technology, or

d. Seepage pit.

B. Performance. An applicant shall design a system consisting of a septic tank and one of the disposal works listed in subsection (A)(2) so that treated wastewater released to the native soil meets the following criteria:

1. TSS of 75 milligrams per liter, 30-day arithmetic mean;

2. BOD₅ of 150 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean; and

4. Total coliform level of 100,000,000 (Log₁₀ 8) colony forming units per 100 milliliters, 95th percentile.

C. Design and installation requirements.

1. General provisions. In addition to the applicable requirements in R18-9-A312, the applicant shall:

a. Ensure that the septic tank meets the requirements specified in R18-9-A314;

b. Before placing aggregate or disposal pipe in a prepared excavation, remove all smeared or compacted surfaces from trenches by raking to a depth of 1 inch and removing loose material. The applicant shall:

i. Place aggregate in the trench to the depth and grade specified in subsection (C)(2);

ii. Place the drain pipe on aggregate and cover it with aggregate to the minimum depth specified in subsection (C)(2); and

iii. Cover the aggregate with landscape filter material, geotextile, or similar porous material to prevent filling of voids with earth backfill;

c. Use a grade board stake placed in the trench to the depth of the aggregate if the disposal pipe is constructed of drain tile or flexible pipe that will not maintain alignment without continuous support;

d. Disposal pipe. If two or more disposal pipes are installed, install a distribution box approved by the Department of sufficient size to receive all lateral lines and flows at the head of each disposal works and:

i. Ensure that the inverts of all outlets are level and the invert of the inlet is at least 1 inch above the outlets;

ii. Design distribution boxes to ensure equal flow and install the boxes on a stable level surface such as a concrete slab or native or compacted soil; and

iii. Protect concrete distribution boxes from corrosion by coating them with an appropriate bituminous coating, constructing the boxes with concrete that has a 15 to 18 percent fly ash content, or by using other equivalent means;

e. Construct all lateral pipes running from a distribution box to the disposal works with watertight joints and ensure that multiple disposal laterals, wherever practical, are of uniform length;

f. Lay pipe connections between the septic tank and a distribution box on natural ground or compact fill and construct the pipe connections with watertight joints;

g. Construct steps within distribution line trenches or beds, if necessary, to maintain a level disposal pipe on sloping ground. The applicant shall construct the lines between each horizontal section with watertight joints and install them on natural or unfilled ground; and

h. Ensure that a disposal works consisting of trenches, beds, chamber technology, or seepage pits is not paved over or covered by concrete or any material that can reduce or inhibit possible evaporation of wastewater through the soil to the land surface or oxygen transport to the soil absorption surfaces.

2. Trenches.

a. The applicant shall calculate the trench absorption area as the total of the trench bottom area and the sum of both trench sidewall areas to a maximum depth of 48 inches below the bottom of the disposal pipe.

b. The applicant shall ensure that trench bottoms and disposal pipe are level. The applicant shall calculate trench sizing from the soil absorption rate specified under R18-9-A312(D) and the design flow established in R18-9-A312(B).

c. The following design criteria for trenches apply:

| Trenches | Minimum | Maximum | | --- | --- | --- | | 1. Number of trenches | 1 (2 are recommended) | No Maximum | | 2. Length of trench¹ | ---- | 100 feet | | 3. Bottom width of trench | 12 inches | 36 inches | | 4. Trench absorption area (sq. ft. of absorption area per linear foot of trench) | No Minimum | 11 sq. ft. | | 5. Depth of cover over aggregate surrounding disposal pipe | 9 inches | 24 inches² | | 6. Thickness of aggregate material over disposal pipe | 2 inches | 2 inches | | 7. Thickness of aggregate material under disposal pipe | 12 inches | No Maximum | | 8. Slope of disposal pipe | Level | Level | | 9. Disposal pipe diameter | 3 inches | 4 inches | | 10. Spacing of trenches (measured between nearest side-walls) | 2 times effective depth³ or five feet, whichever is greater | No Maximum | | Notes: 1. If unequal trench lengths are used, proportional distribution of waste-water is required. 2. For more than 24 inches, Standard Dimensional Ratio 35 or equivalent strength pipe is required. 3. The effective depth is the distance between the bottom of the disposal pipe and the bottom of the trench bed. | | |

d. The applicant may substitute clean, durable, crushed, and washed recycled concrete for aggregate if noted in design documents and the trench absorption area calculation excludes the trench bottom.

3. Beds. An applicant shall:

a. If a bed is installed, use the soil absorption rate specified in R18-9-A312(D) for "SAR, Bed. The applicant may, in computing the bed bottom absorption area, include the bed bottom and the perimeter side-wall area not more than 36 inches below the disposal pipe;

b. Comply with the following design criteria for beds:

| Gravity Beds | Minimum | Maximum | | --- | --- | --- | | 1. Number of disposal pipes | 2 | No Maximum | | 2. Length of bed | No Minimum | 100 feet | | 3. Distance between disposal pipes | 4 feet | 6 feet | | 4. Spacing of beds measured between nearest sidewalls | 2 times effective depth¹ or 5 feet, whichever is greater | No Maximum | | 5. Width of bed | 10 feet | 12 feet | | 6. Distance from disposal pipe to sidewall | 3 feet | 3 feet | | 7. Depth of cover over disposal pipe | 9 inches | 14 inches | | 8. Thickness of aggregate material under disposal pipe | 12 inches | No Maximum | | 9. Thickness of aggregate material over disposal pipe | 2 inches | 2 inches | | 10. Slope of disposal pipe | Level | Level | | 11. Disposal pipe diameter | 3 inches | 4 inches | | Note: 1. The effective depth is the distance between the bottom of the disposal pipe and the bottom of the bed. | | |

4. Chamber technology. An applicant shall:

a. Calculate an effective chamber absorption area to size the disposal works area and determine the number of chambers needed. The effective absorption area of each chamber is calculated as follows:

A = (1.8 × B × L) + (2 × V × L)

i. "A" is the effective absorption area of each chamber,

ii. "B" is the exterior width of the bottom of the chamber,

iii. "V" is the vertical height of the louvered side-wall of the chamber, and

iv. "L" is the length of the chamber;

b. Calculate the disposal works size and number of chambers from the effective absorption area of each chamber and the soil absorption rates specified in R18-9-A312(D);

c. Ensure that the sidewall of the chamber provides at least 35 percent open area for sidewall credit and that the design and construction minimizes the movement of fines into the chamber area. The applicant shall not use filter fabric or geotextile against the sidewall openings.

5. Seepage pits. If allowed by R18-9-A311(B)(1), the applicant shall:

a. Design a seepage pit to comply with R18-9-A312(E)(1) for minimum vertical separation distance;

b. Ensure that multiple seepage pit installations are served through a distribution box approved by the Department or connected in series with a watertight connection laid on undisturbed or compacted soil. The applicant shall ensure that the outlet from the pit has a sanitary tee with the vertical leg extending at least 12 inches below the inlet;

c. Ensure that each seepage pit is circular and has an excavated diameter of 4 to 6 feet. If multiple seepage pits are installed, ensure that the minimum spacing between seepage pit sidewalls is 12 feet or three times the diameter of the seepage pit, whichever is greater. The applicant may use the alternative design procedure specified in R18-9-A312(G) for a proposed seepage pit more than 6 feet in diameter;

d. For a gravel filled seepage pit, backfill the entire pit with aggregate. The applicant shall ensure that each pit has a breather conductor pipe that consists of a perforated pipe at least 4 inches in diameter, placed vertically within the backfill of the pit. The pipe shall extend from the bottom of the pit to within 12 inches below ground level;

e. For a lined, hollow seepage pit, lay a concrete liner or a liner of a different protective material in the pit on a firm foundation and fill excavation voids behind the liner with at least 9 inches of aggregate;

f. For the cover of a lined seepage pit, use an approved one or two piece reinforced concrete slab with a minimum compressive strength of 2500 pounds per square inch. The applicant shall ensure that the cover:

i. Is at least 5 inches thick and designed to support an earth load of at least 400 pounds per square foot;

ii. Has a 12-inch square or diameter minimum access hole with a plug or cap that is coated on the underside with an protective bituminous seal, constructed of concrete with 15 percent to 18 percent fly ash content, or made of other nonpermeable protective material; and

iii. Has a 4 inch or larger inspection pipe placed vertically not more than 6 inches below ground level;

g. Ensure that the top of the seepage pit cover is 4 to inches below the surface of the ground;

h. Install a vented inlet fitting in every seepage pit to prevent flows into the seepage pit from damaging the sidewall. An applicant may use a 1/4 bend fitting placed through an opening in the top of the slab cover if a one or two piece concrete slab cover inlet is used;

i. Bore seepage pits five feet deeper than the proposed pit depth to verify underlying soil characteristics and backfill the five feet of overdrill with low permeability drill cuttings or other suitable material;

j. Backfill seepage pits that terminate in gravelly, coarse sand zones five feet above the beginning of the zone with low permeability drill cuttings or other suitable material;

k. Determine the minimum sidewall area for a seepage pit from the design flow and the soil absorption rate derived from the testing procedure described in R18-9-A310(G) . The effective absorption surface for a seepage pit is the sidewall area only. The sidewall area is calculated using the following formula: A = 3.14 × D × H

i. "A" is the minimum sidewall area in square feet needed for the design flow and soil absorption rate for the installation,

ii. "D" is the diameter of the proposed seepage pit in feet,

iii. "H" is the vertical height in feet in the seepage pit through which wastewater infiltrates native soil. The applicant shall ensure that H is at least 10 feet for any seepage pit.

D. Operation and maintenance. The permittee shall follow the applicable operation and maintenance requirements in R18-9-A313.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E303 4.03 General Permit: Composting Toilet, Less Than 3000 Gallons Per Day Design Flow A.

A. A 4.03 General Permit allows for the use of a composting toilet with less than 3000 gallons per day design flow

1. Definition. For purposes of this Section, "composting toilet" means a manufactured turnkey or kit form treatment technology that receives human waste from a waterless toilet directly into an aerobic composting chamber where dehydration and biological activity reduce the waste volume and the content of nutrients and harmful microorganisms to an appropriate level for later disposal at the site or by other means.

2. An applicant may use a composting toilet if:

a. Limited water availability prevents use of other types of on-site wastewater treatment facilities,

b. Environmental constraints prevent the discharge of wastewater or nutrients to a sensitive area,

c. Inadequate space prevents use of other systems,

d. Severe site limitations exist that make other forms of treatment or disposal unacceptable, or

e. The applicant desires maximum water conservation.

3. A permittee may use a composting toilet only if:

a. Wastewater is managed as provided in this Section and, if gray water is separated and reused, the gray water reuse complies with18 A.A.C. 9, Article 7; and

b. Soil conditions support subsurface disposal of all wastewater sources.

B. Restrictions.

1. A permittee shall ensure that no more than 50 persons per day use the composting toilet.

2. A composting toilet shall only receive human excrement unless the manufacturer's specifications allow the deposit of kitchen or other wastes into the toilet.

C. Performance. An applicant shall ensure that:

1. The composting toilet provides containment to prevent the discharge of toilet contents to the native soil except leachate, which may drain to the wastewater disposal works described in subsection (F);

2. The composting toilet limits access by vectors to the contained waste; and

3. Wastewater is disposed into the subsurface to prevent any wastewater from surfacing.

D. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), the applicant shall submit the following information:

1. Composting toilet.

a. The name and address of the composting toilet system manufacturer;

b. A copy of the manufacturer's warranty, and the specifications for installation operation, and maintenance;

c. The product model number;

d. Composting rate, capacity, and waste accumulation volume calculations;

e. Documentation of listing by a national listing organization indicating that the composting toilet meets the stated manufacturer's specifications for loading, treatment performance, and operation, unless the composting toilet is listed under R18-9-A309(E) or is a component of a reference design approved by the Department;

f. The method of vector control;

g. The planned method and frequency for disposing the composted human excrement residue; and

h. The planned method for disposing of the drainage from the composting unit; and

2. Wastewater.

a. The number of bedrooms in the dwelling or persons served on a daily basis, as applicable, and the corresponding design flow of the disposal works for the wastewater;

b. The results from soil evaluation or percolation testing that adequately characterize the soils into which the wastewater will be dispersed and the locations of soil evaluation and percolation testing on the site plan; and

c. The design for the disposal works in subsection (F), including the location of the interceptor, the location and configuration of the trench or bed used for wastewater dispersal, the location of connecting wastewater pipelines, and the location of the reserve area.

E. Design requirements for a composting toilet. An applicant shall ensure that:

1. The composting chamber is watertight, constructed of solid durable materials not subject to excessive corrosion or decay, and is constructed to exclude access by vectors;

2. The composting chamber has airtight seals to prevent odor or toxic gas from escaping into the building. The system may be vented to the outside;

3. The capacity of the chamber and rate of composting are calculated based on:

a. The lowest monthly average chamber temperature; or

b. The yearly average chamber temperature, if the composting toilet is designed to compost on a yearly cycle or longer; and

4. The composting system provides adequate storage of all waste produced during the months when the average temperature is below 55^oF, unless a temperature control device is installed to increase the composting rate and reduce waste volume.

F. Design requirements for the disposal works.

1. Interceptor. An applicant shall ensure that the design complies with the following:

a. An interceptor may not accept human excreta or toilet wastewater;

a.b. Wastewater passes into an interceptor before it is conducted to the subsurface for dispersal;

b.c. The interceptor is designed to remove grease, oil, fibers, and solids to ensure long-term performance of the trench or bed used for subsurface dispersal;

c.d. The interceptor is covered to restrict access and eliminate habitat for mosquitoes and other vectors; and

d.e. Minimum interceptor size is based on design flow.

i. For a dwelling, the following apply:

| No. of Bedrooms | Design Flow (gallons per day) | Minimum Interceptor Size (gallons) | | | --- | --- | --- | --- | | Kitchen Wastewater Only (All gray water sources are collected and reused) | Combined Non-Toilet Wastewater (Gray water is not separated and reused) | | | | 1 (7 fixture units or less) | 90 | 42 | 200 | | 1-2 (greater than 7 fixture units) | 180 | 84 | 400 | | 3 | 270 | 125 | 600 | | 4 | 330 | 150 | 700 | | 5 | 380 | 175 | 800 | | 6 | 420 | 200 | 900 | | 7 | 460 | 225 | 1000 |

ii. For other than a dwelling, minimum interceptor size in gallons is 2.1 times the design flow from Table 1, Unit Design Flows.

2. Dispersal of wastewater. An applicant shall ensure that the design complies with the following:

a. A trench or bed is used to disperse the wastewater into the subsurface;

b. Sizing of the trench or bed is based on the design flow as determined in subsection (F)(1)(e), including all black and gray water, and an SAR determined under R18-9-A312(D);

c. The minimum vertical separation from the bottom of the trench or bed to a limiting subsurface condition is at least 5 feet; and

d. Other aspects of trench or bed design follow R18-9-E302, as applicable.

3. Setback distances. Setback distances are no less than 1/4 of the setback distances specified in R18-9-A312(C), but not less than 5 feet, except the setback distance from wells is 100 feet.

G. Operation and maintenance requirements. A permittee shall:

1. Composting toilet.

a. Provide adequate mixing, ventilation, temperature control, moisture, and bulk to reduce fire hazard and prevent anaerobic conditions;

b. Follow manufacturer's specifications for addition of any organic bulking agent to control liquid drainage, promote aeration, or provide additional carbon;

c. Follow the manufacturer's specifications for operation and maintenance regarding movement of material within the composting chamber;

d. If batch system containers are mounted on a carousel, place a new container in the toilet area if the previous one is full;

e. Ensure that only human waste, paper approved for septic tank use, and the amount of bulking material required for proper maintenance is introduced to the composting chamber. The permittee shall remove all other materials or trash. If allowed by the manufacturer's specifications the permittee may add, other nonliquid compostable food preparation residues to the toilet;

f. Ensure that any liquid end product is:

i. Sprayed back onto the composting waste material;

ii. Removed by a person who licensed a vehicle under 18 A.A.C. 13, Article 11; or

iii. Is drained to the interceptor described in subsection (F);

g. Remove and dispose of composted waste as necessary, using a person who licensed a vehicle under 18 A.A.C. 13, Article 11 if the waste is not placed in a disposal area for burial or used on-site as mulch;

h. Before ending use for an extended period take measures to ensure that moisture is maintained to sustain bacterial activity and free liquids in the chamber do not freeze; and

i. After an extended period of non-use, empty the composting chamber of solid end product and inspect all mechanical components to verify that the mechanical components are operating as designed;

2. Wastewater Disposal Works.

a. Ensure that the interceptor is maintained regularly according to manufacturer's instructions to prevent grease and solid wastes from impairing performance of the trench or bed used for dispersal of wastewater, and

b. Protect the area of the trench or bed from soil compaction or other activity that will impair dispersal performance.

H. Reference design.

1. An applicant may use a composting toilet that achieves the performance requirements in subsection (C) by following a reference design on file with the Department.

2. The applicant shall file a form provided by the Department for supplemental information about the proposed system with the applicant's submittal of the Notice of Intent to Discharge.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-E304 4.04 General Permit: Pressure Distribution System, Less Than 3000 Gallons Per Day Design Flow

A. A 4.04 General Permit allows for the use of a pressurized distribution of wastewater system with a design flow less than 3000 gallons per day that treats wastewater to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "pressure distribution system" means a tank, pump, controls, and piping that conducts wastewater under pressure in controlled amounts and intervals to a bed or trench or other means of distribution authorized by a general permit for an on-site wastewater treatment facility.

2. An applicant may use a pressure distribution system if a gravity flow system is unsuitable, inadequate, unfeasible, or cost prohibitive because of site limitations or other conditions, or if needed to optimally distribute wastewater.

B. Performance. An applicant shall ensure that a pressure distribution system:

1. Disperses wastewater so that:

a. Loading rates are optimized for the intended purpose, and

b. The wastewater is delivered under pressure and evenly distributed within the disposal works, and

Prevents ponding on the land surface.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), the applicant shall submit:

1. A copy of operation, maintenance, and warranty materials for the principal components; and

2. A copy of dosing specifications, including pump curves, dispersing component details, and float control settings.

D. Design requirements.

1. Pumps. An applicant shall ensure that pumps used in the on-site wastewater treatment facility:

a. Are rated for wastewater service by the manufacturer and certified by Underwriters Laboratories;

b. Achieve the minimum design flow rate and total dynamic head requirements for the particular site; and

c. Incorporate a quick disconnect using compression-type unions for pressure connections. The applicant shall ensure that:

i. Quick-disconnects are accessible in the pressure piping, and

ii. A pump has adequate lift attachments for removal and replacement of the pump and switch assembly without entering the dosing tank or process chamber.

2. Switches, controls, alarms, timers, and electrical components. An applicant shall ensure that:

a. Switches and controls accommodate the minimum and maximum dose capacities of the distribution network design. The applicant shall not use pressure diaphragm level control switches;

b. Fail-safe controls that can be tested in the field are used to prevent discharge of inadequately treated wastewater. The applicant shall include counters or flow meters if critical to control functions, such as timed dosing;

c. Control panels and alarms:

i. Are either mounted in an exterior location visible from the structure served, mounted in a conspicuous location on the side of the structure served, or mounted in a conspicuous location adjacent to the structure served,

ii. Provide manual pump switch and alarm test features, and

iii. Include written instructions covering standard operation and alarm events;

d. Audible and visible alarms are used for all critical control functions, such as pump failures, treatment failures, and excess flows. The applicant shall ensure that:

i. The visual portion of the signal is conspicuous from a distance 50 feet from the system and its appurtenances;

ii. The audible portion of the signal is between 70 and 75 db at 5 feet and is discernible from a distance of 50 feet from the system and its appurtenances;

iii. Alarms, test features, and controls are on a non-dedicated electrical circuit separate from the dedicated circuit for the pump with constant visual confirmation that the circuit is electrically active; and

iv. The alarm is clearly audible and visible inside the structure served;

e. All electrical wiring complies with the National Electrical Code, 2005 Edition, published by the National Fire Protection Association. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the National Fire Protection Association, 1 Batterymarch Park, P.O. Box 9101, Quincy, MA 02269-9101. The applicant shall ensure that:

i. Connections are made using National Electrical Manufacturers Association (NEMA) 4x junction boxes certified by Underwriters Laboratories; and

ii. All controls are in NEMA 3r, 4, or 4x enclosures for outdoor use.

3. Dosing tanks and wastewater distribution components.

a. An applicant shall:

i. Design dosing tanks to withstand anticipated internal and external loads under full and empty conditions, and design concrete tanks to meet the "Standard Specification for Precast Concrete Water and Wastewater Structures, C913-02 (2002)," published by the American Society for Testing and Materials. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;

ii. Design dosing tanks to be easily accessible and have secured covers;

iii. Install risers to provide access to the inlet and outlet of the tank and to service internal components;

iv. Ensure that the volume of the dosing tank accommodates bottom depth below maximum drawdown, maximum design dose, including any drainback, volume to high water alarm, and a reserve volume above the high water alarm level that is not less than the daily design flow volume. If the tank is time dosed, the applicant shall ensure that the combined surge capacity and reserve volume above the high water alarm is not less than the daily design flow volume;

v. Ensure that dosing tanks are watertight and anti-buoyant;

vi. Design the wastewater distribution components to withstand system pumping pressures;

vii. Design the wastewater distribution system to allow air to purge from the system;

viii. Design pressure piping to minimize freezing during cold weather;

ix. Ensure that the end of each wastewater distribution line is accessible for maintenance;

x. Ensure that orifices emit the design discharge rate uniformly throughout the wastewater distribution system; and

xi. Design orifices using orifice shields to provide proper distribution of wastewater to the receiving medium.

b. An applicant may use a septic tank second compartment or a second septic tank in series as a dosing tank if all dosing tank requirements of this Section are met and a screened vault is used instead of the septic tank effluent filter.

4. Design SAR. If the site conditions of the property for the on-site wastewater treatment facility do not require pressure distribution, but an applicant chooses to use pressure distribution, the applicant shall use a design SAR for the absorption surfaces in the disposal works that is not more than 1.10 times the adjusted SAR determined in R18-9-A312(D).

E. Additional Discharge Authorization requirements. An applicant shall obtain copies of instructions for the critical controls of the system from the person who installed the pressure distribution system. The applicant shall submit one copy of the instructions with the information required in subsection (C).

F. Operation and maintenance requirements. In addition to the applicable requirements specified in R18-9-A313(B), a permittee shall ensure that:

1. The operation and maintenance manual for the on-site wastewater treatment facility that supplies the wastewater to the pressure distribution system specifies inspection and maintenance needed for the following items:

a. Sludge level in the bottom of the treatment and dosing tanks,

b. Watertightness,

c. Condition of electrical and mechanical components, and

d. Piping and other components functioning within design limits;

All critical control functions are specified in the operation and maintenance manual for testing to demonstrate compliance with design specifications, including:

a. Alarms, test features, and controls;

b. Float switch level settings;

c. Dose rate, volume, and frequency, if applicable;

d. Distal pressure or squirt height, if applicable; and

e. Voltage test on pumps, motors, and controls, as applicable;

3. The finished grade is observed and maintained for proper surface drainage. The applicant shall observe the levelness of the tank for differential settling. If there is settling, the applicant shall grade the facility to maintain surface drainage.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-E305 4.05 General Permit: Gravelless Trench, Less Than 3000 Gallons Per Day Design Flow

A. A 4.05 General Permit allows for the use of a gravelless trench with less than 3000 gallons per day design flow receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "gravelless trench" means a disposal technology characterized by installation of a proprietary pipe and geocomposite or other substitute media into native soil instead of the distribution pipe and aggregate fill used in a trench allowed in R18-9-E302.

2. A permittee may use a gravelless trench if suitable gravel or volcanic rock aggregate is unavailable, excessively expensive, or if adverse site conditions make movement of gravel difficult, damaging, or time consuming.

B. Performance. An applicant shall design a gravelless trench so that treated wastewater released to the native soil meets the following criteria:

1. TSS of 75 milligrams per liter, 30-day arithmetic mean;

2. BOD₅ of 150 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 53 milligrams per liter, 5-month arithmetic mean; and

4. Total coliform level of 100,000,000 (Log₁₀ 8) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit the following:

1. The soil absorption area that would be required if a conventional disposal trench filled with aggregate was used at the site,

2. The configuration and size of the proposed gravelless disposal works, and

The manufacturer's installation instructions and warranty of performance for absorbing wastewater into the native soil.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall:

1. Ensure that the top of the gravelless disposal pipe or similar disposal mechanism is at least 6 inches below the surface of the native soil and 12 to 36 inches below finished grade if approved fill is placed on top of the installation;

2. Calculate the infiltration surface as follows:

a. For 8-inch diameter pipe, 2 square feet of absorption area is allowed per linear foot;

b. For 10-inch diameter pipe, 3 square feet of absorption area is allowed per linear foot;

c. For bundles of two pipes of the same diameter, the absorption area is calculated as 1.67 times the absorption area of one pipe; and

d. For bundles of three pipes of the same diameter, the absorption area is calculated as 2.00 times the absorption area of one pipe;

3. Use a pressure distribution system meeting the requirements of R18-9-E304 in medium sand, coarse sand, and coarser soils; and

Construct the drainfield of material that will not decay, deteriorate, or leach chemicals or by products if exposed to sewage or the subsurface soil environment.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall:

1. Install the gravelless pipe material according to manufacturer's instructions if the instructions are consistent with this Chapter,

Ensure that the installed disposal system can withstand the physical disturbance of backfilling and the load of any soil cover above natural grade placed over the installation, and

3. Shape any backfill and soil cover in the area of installation to prevent settlement and ponding of rainfall for the life of the disposal works.

F. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B), the permittee shall inspect the finished grade in the vicinity of the gravelless disposal works for maintenance of proper drainage and protection from damaging loads.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E306 4.06 General Permit: Natural Seal Evapotranspiration Bed, Less Than 3000 Gallons Per Day Design Flow

A. A 4.06 General Permit allows for the use of a natural seal evapotranspiration bed with less than 3000 gallons per day design flow receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "natural seal evapotranspiration bed" means a disposal technology characterized by a bed of sand or other media with an internal wastewater distribution system, contained on the bottom and sidewalls by an engineered liner consisting of natural soil and clay materials.

2. An applicant may use a natural seal evapotranspiration bed if site conditions restrict soil infiltration or require reduction of the volume of wastewater discharged to the native soil underlying the natural seal liner.

B. Restrictions. Unless a person provides design documentation to show that a natural seal evapotranspiration bed will properly function, the person shall not install this technology if:

1. Average minimum temperature in any month is 20° F or less,

2. Over 1/3 of the average annual precipitation falls in a 30-day period, or

3. Design flow exceeds net evaporation.

C. Performance. An applicant shall ensure that a natural seal evapotranspiration bed:

1. Minimizes discharge to the native soil through the natural seal liner,

Maximizes wastewater disposed to the atmosphere by evapotranspiration, and

3. Prevents ponding of wastewater on the bed surface and maintains an interval of unsaturated media directly beneath the bed surface.

D. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. Capillary rise potential test results for the media used to fill the evapotranspiration bed, unless sand meeting a D₅₀of 0.1 millimeter (50 percent by weight of grains equal to or smaller than 0.1 millimeter) is used; and

2. Water mass balance calculations used to size the evapotranspiration bed.

E. Design requirements. An applicant shall:

1. Ensure that the evapotranspiration bed is from 18 to 36 inches deep and shall calculate the bed design based on the capillary rise of the bed media, following the "Standard Test Method for Capillary-Moisture Relationships for Coarse- and Medium-Textured Soils by Porous-Plate Apparatus, D2325-68 (2000)," incorporated by reference in R18-9-E307(E), and the anticipated maximum frost depth;

2. Ensure the media is sand or other durable material;

3. Base design area calculations on a water mass balance for the winter months and the design seepage rate;

4. Ensure that the natural seal liner is a durable, low-hydraulic conductivity liner and is accompanied by the liner performance specification and calculations for bottom and sidewall seepage rate;

5. If a surfacing layer is used, use topsoil, dark cinders, decomposed granite, or similar landscaping material placed to a maximum depth of 2 inches and ensure that:

a. If topsoil is used as a surfacing layer for growth of landscape plants:

i. The topsoil is a fertile, friable soil obtained from well-drained arable land;

ii. The topsoil is free of nut grass, refuse, roots, heavy clay, clods, noxious weeds, or any other material toxic to plant growth;

iii. The pH of the topsoil is between 5.5 and 8.0;

iv. The plasticity index of the topsoil is between 3 and 15; and

v. The topsoil contains approximately 1-1/2 percent organic matter, by dry weight, either natural or added;

b. If landscaping material other than topsoil is used as a surfacing layer, the material meets the following gradation:

| Sieve Size | Percent Passing | | --- | --- | | 1" | 100 | | 1/2" | 95-100 | | No. 4 | 90-100 | | No. 10 | 70-100 | | No. 200 | 15-70 |

6. Use shallow-rooted, non-invasive, salt- and drought-tolerant evergreens if vegetation is planted on the evapotranspiration bed;

7. Install at least two observation ports to determine the level of the liquid surface of wastewater within the evapotranspiration bed;

8. Design the bed to pump out the saturated zone if accumulated salts or a similar condition impairs bed performance; and

9. Instead of the minimum vertical separation required under R18-9-A312(E), ensure that the minimum vertical separation from the bottom of the natural seal evapotranspiration bed liner to the seasonal high water table is at least 12 inches.

F. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall ensure that:

1. The liner covers the bottom and all sidewalls of the bed and is installed on a stable base according to the manufacturer's installation specifications;

2. If the inlet pipe passes through the liner, the joint is tightly sealed to minimize leakage during the operational life of the facility;

3. The liner is leak tested under the supervision of an Arizona-registered professional engineer to confirm the design leakage rate; and

4. A 2- to 4-inch layer of 1/2- to 1-inch gravel or crushed stone is placed around the distribution pipes within the bed. The applicant shall ensure that the filter cloth is placed on top of the gravel or crushed stone to prevent sand from settling into the gravel or crushed stone.

G. Additional Discharge Authorization requirements. An applicant shall submit the satisfactory results of the leakage test required under subsection (F)(3) to the Department before the Department issues the Discharge Authorization.

H. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B), the permittee shall:

1. Not allow irrigation of an evapotranspiration bed, and

2. Protect the bed from vehicle loads and other damaging activities.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E307 4.07 General Permit: Lined Evapotranspiration Bed, Less Than 3000 Gallons Per Day Design Flow

A. A 4.07 General Permit allows for the use of a lined evapotranspiration bed receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "lined evapotranspiration bed" means a disposal technology characterized by a bed of sand or other media with an internal wastewater distribution system contained on the bottom and sidewalls by an impervious synthetic liner.

2. An applicant may use a lined evapotranspiration bed if site conditions restrict soil infiltration or require reduction or elimination of the volume of wastewater or nitrogen load discharged to the native soil.

Provision of a reserve area is not required for a lined evapotranspiration bed.

B. Restrictions. Unless a person provides design documentation to show that a lined evapotranspiration bed will properly function, the person shall not install this technology if:

1. Average minimum temperature in any month is 20° F or less,

2. Over 1/3 of average annual precipitation falls in a 30-day period, or

Design flow exceeds net evaporation.

C. Performance. An applicant shall ensure that a lined evapotranspiration bed:

Prevents discharge to the native soil by a synthetic liner,

2. Attains full disposal of wastewater to the atmosphere by evapotranspiration, and

3. Prevents ponding of wastewater on the bed surface and maintains an interval of unsaturated media directly beneath the bed surface.

D. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. Capillary rise potential test results for the media used to fill the evapotranspiration bed, unless sand meeting a D₅₀of 0.1 millimeter (50 percent by weight of grains equal to or smaller than 0.1 millimeter in size) is used; and

2. Water mass balance calculations used to size the evapotranspiration bed.

E. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall:

1. Ensure that the evapotranspiration bed is from 18 to 36 inches deep and calculate the bed design on the basis of the capillary rise of the bed media, according to the "Standard Test Method for Capillary-Moisture Relationships for Coarse- and Medium-Textured Soils by Porous-Plate Apparatus, D2325-68 (2003)," published by the American Society for Testing and Materials and the anticipated maximum frost depth. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;

2. Ensure the media is sand or other durable material;

3. Base design area calculations on a water mass balance for the winter months;

4. Ensure that the evapotranspiration bed liner is a durable, low hydraulic conductivity synthetic liner that has a calculated bottom area and sidewall seepage rate of less than 550 gallons per acre per day;

5. If a surfacing layer is used, use topsoil, dark cinders, decomposed granite, or similar landscaping material placed to a maximum depth of 2 inches. The applicant shall ensure that:

a. If topsoil is used as a surfacing layer for growth of land scape plants:

i. The topsoil is a fertile, friable soil obtained from well-drained arable land;

ii. The topsoil is free of nut grass, refuse, roots, heavy clay, clods, noxious weeds, or any other material toxic to plant growth;

iii. The pH of the topsoil is between 5.5 and 8.0;

iv. The plasticity index of the topsoil is between 3 and 15; and

v. The topsoil contains approximately 1 1/2 percent organic matter, by dry weight, either natural or added;

b. If another landscaping material is used as a surfacing layer, the material meets the following gradation:

| Sieve Size | Percent Passing | | --- | --- | | 1" | 100 | | 1/2" | 95-100 | | No. 4 | 90-100 | | No. 10 | 70-100 | | No. 200 | 15-70 |

6. Use shallow-rooted, non-invasive, salt and drought tolerant evergreens if vegetation is planted on the evapotranspiration bed;

7. Install at least two observation ports to allow determination of the depth to the liquid surface of wastewater within the evapotranspiration bed;

8. Design the bed to pump out the saturated zone if accumulated salts or a similar condition impairs bed performance; and

9. Instead of the minimum vertical separation required under R18-9-A312(E), ensure that the minimum vertical separation from the bottom of the evapotranspiration bed liner to the surface of the seasonal high water table or impervious layer or formation is at least 12 inches.

F. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall ensure that:

1. All liner seams are factory fabricated or field welded according to manufacturer's specifications. The applicant shall ensure that:

2. The liner covers the bottom and all sidewalls of the bed and is cushioned on the top and bottom with layers of sand at least 2 inches thick or other puncture-protective material;

3. If the inlet pipe passes through the liner, the joint is tightly sealed to minimize leakage during the operational life of the facility;

4. The liner is leak tested under the supervision of an Arizona-registered professional engineer; and

5. A 2- to 4-inch layer of one-half to 1-inch gravel or crushed stone is placed around the distribution pipes within the bed. The applicant shall place filter cloth on top of the gravel or crushed stone to prevent sand from settling into the crushed stone or gravel.

G. Additional Discharge Authorization requirements. An applicant shall submit the liner test results sealed by an Arizona-registered professional engineer to the Department for issuance of the Discharge Authorization.

H. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B), the permittee shall:

1. Not allow irrigation of an evapotranspiration bed; and

2. Protect the bed from vehicle loads and other damaging activities.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E308 4.08 General Permit: Wisconsin Mound, Less Than 3000 Gallons Per Day Design Flow

A. A 4.08 General Permit allows for the use of a Wisconsin mound with a design flow of less than 3000 gallons per day receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "Wisconsin mound" means a disposal technology characterized by:

a. An above-grade bed system that blends with the land surface into which is dispensed pressure dosed wastewater from a septic tank or other upstream treatment device,

b. Dispersal of wastewater under unsaturated flow conditions through the engineered media system contained in the mound, and

c. Wastewater treated by passage through the mound before percolation into the native soil below the mound.

2. An applicant may use a Wisconsin mound if:

a. The native soil has excessively high or low permeability,

b. There is little native soil overlying fractured or excessively permeable rock, or

c. A reduction in minimum vertical separation is desired.

B. Performance. An applicant shall design a Wisconsin mound so that treated wastewater released to the native soil meets the following criteria:

1. Performance Category A.

a. TSS of 20 milligrams per liter, 30-day arithmetic mean;

b. BOD₅ of 20 milligrams per liter, 30-day arithmetic mean;

c. Total nitrogen (as nitrogen) of 53 milligrams per liter, 5-month arithmetic mean; and

d. Total coliform level of 1000 (Log₁₀ 3.0) colony forming units per 100 milliliters, 95th percentile; or

Performance Category B.

a. TSS of 30 milligrams per liter, 30-day arithmetic mean;

b. BOD₅ of 30 milligrams per liter, 30-day arithmetic mean;

c. Total nitrogen (as nitrogen) of 53 milligrams per liter, 5-month arithmetic mean; and

d. Total coliform level of 300,000 (Log₁₀ 5.5) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. Specifications for the internal wastewater distribution system media proposed for use in the Wisconsin mound;

2. Two scaled or dimensioned cross sections of the mound (one of the shortest basal area footprint dimension and one of the lengthwise dimension); and

3. Design calculations following the "Wisconsin Mound Soil Absorption System: Siting, Design, and Construction Manual," published by the University of Wisconsin - Madison, January 1990 Edition (the Wisconsin Mound Manual). This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the University of Wisconsin - Madison, SSWMP, 1525 Observatory Drive, Room 345, Madison, WI 53706.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall ensure that:

1. Pressure dosed wastewater is delivered into the Wisconsin mound through a pressurized line and secondary distribution lines into an engineered aggregate infiltration bed, or equivalent system, in conformance with R18-9-E304 and the Wisconsin Mound Manual. The applicant shall ensure that the aggregate is washed;

2. Wastewater is applied to the inlet surface of the mound media at not more than 1.0 gallon per day per square foot of mound bed inlet surface if the mound bed media conforms with the "Standard Specification for Concrete Aggregates, C33-03 (2003)," published by the American Society for Testing and Materials and the Wisconsin Mound Manual, except if cinder sand is used that is the appropriate grade with not more than 5 percent passing a #200 screen. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959. The applicant shall:

a. For cinder sand, ensure that the rate is not more than 0.8 gallons per day per square foot of mound bed inlet surface; and

b. Wash the media used for the mound bed;

3. The aggregate infiltration bed and mound bed is capped by coarser textured soil, such as sand, sandy loam, or silt loam. An applicant shall not use silty clay, clay loam, or clays;

4. The cap material is covered by topsoil, following the procedure in the Wisconsin Mound Manual, and the topsoil is capable of supporting vegetation, is not clay, and is graded to drain;

5. The top and bottom surfaces of the aggregate infiltration bed are level and do not exceed 10 feet in width and that:

a. The minimum depth of the aggregate infiltration bed is 9 inches, or

b. Synthetic filter fabric permeable to water and air and capable of supporting the cap and topsoil load is placed on the top surface of the aggregate infiltration bed;

6. The minimum depth of mound bed media is:

a. Performance Category A, 24 inches; or

b. Performance Category B, 12 inches;

7. The maximum allowable side slope of the mound bed, cap material, and topsoil is not more than one vertical to three horizontal;

8. Ports for inspection and monitoring are provided to verify performance, including verification of unsaturated flow within the aggregate infiltration bed. The applicant shall:

a. Install a vertical PVC pipe and cap with a minimum diameter of 4 inches as an inspection port at the end of the disposal line, and

b. Install the pipe with a physical restraint to maintain pipe position;

9. The main pressurized line and secondary distribution lines for the aggregate infiltration bed are equipped at appropriate locations with cleanouts to grade;

10. The following requirements and the setbacks specified in R18-9-A312(C) are observed:

a. Increase setbacks for the following downslope features at least 30 feet from the toe of the mound system:

i. Property line,

ii. Driveway,

iii. Building,

iv. Ditch or interceptor drain, or

v. Any other feature that impedes water movement away from the mound; and

b. Ensure that no upslope natural feature or improvement channels surface water or groundwater to the mound area;

11. The portion of the basal area of native soil below the mound conforms to the Wisconsin Mound Manual. The applicant shall:

a. Calculate the absorption of wastewater into the native soil for only the effective basal area;

b. Apply the soil absorption rate specified in R18-9-A312(D) . The applicant may increase allowable loading rate to the mound bed inlet surface up to 1.6 times if the wastewater dispersed to the mound is pretreated to reduce the sum of TSS and BOD₅ to 60 mg/l or less. The applicant may increase the soil absorption rate to not more than 0.20 gallons per day per square foot of basal area if the following slowly permeable soils underlie the mound:

i. Sandy clay loam, clay loam, silty clay loam, or finer with weak platy structure; or

ii. Sandy clay loam, clay loam, silty clay loam, or silt loam with massive structure;

12. The slope of the native soil at the basal area does not exceed 25 percent, and a slope stability analysis is performed whenever the basal area or site slope within 50 horizontal feet from the mound system footprint exceeds 15 percent.

E. Installation. An applicant shall:

1. Prepare native soil for construction of a Wisconsin mound system. The applicant shall:

a. Mow vegetation and cut down trees in the vicinity of the basal area site to within 2 inches of the surface;

b. Leave in place boulders and tree stumps and other herbaceous material that would excessively alter the soil structure if removed after mowing and cutting;

c. Plow native soil serving as the basal area footprint along the contours to 7- to 8- inch depth;

d. Not substitute rototilling for plowing; and

e. Begin mound construction immediately after plowing;

2. Place each layer of the bed system to prevent differential settling and promote uniform density; and

3. Use the Wisconsin Mound Manual to guide any other detail of installation. The applicant may vary installation procedures and criteria depending on mound design but shall use installation procedures and criteria that are at least equivalent to those in the Wisconsin Mound Manual.

F. Operation and maintenance requirements. In addition to the applicable requirements specified in R18-9-A313(B), the permittee shall:

1. If an existing mound system shows evidence of overload or hydraulic failure, conduct the following sequence of evaluations:

a. Verify the actual loading and performance of the pretreatment system.

b. Verify the watertightness of the pretreatment and dosing tanks;

c. Determine the dosing rates and dosing intervals to the aggregate infiltration bed and compare it with the original design to evaluate the presence or absence of saturated conditions in the aggregate infiltration bed;

d. If the above steps in subsections (F)(1)(a) through (c) do not indicate an anomalous condition, evaluate the site and recalculation of the disposal capability to determine if mound lengthening is feasible;

e. Determine if site modifications are possible including changing surface drainage patterns at upgrade locations and lowering the groundwater level by installing interceptor drains to reduce native soil saturation at shallow levels; and

f. Determine if the basal area can be increased, consistent with R18-9-A309(A)(9)(b)(iv);

2. Prepare servicing and waste disposal procedures and task schedules necessary for clearing the main pressurized wastewater line and secondary distribution lines, septic tank effluent filter, pump intake, and controls.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E309 4.09 General Permit: Engineered Pad System, Less Than 3000 Gallons Per Day Design Flow

A. A 4.09 General Permit allows for the use of an engineered pad system receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, an "engineered pad system" means a treatment and disposal technology characterized by:

a. The delivery of pretreated wastewater by gravity or pressure distribution to the engineered pad and sand bed assembly, followed by dispersal of the wastewater into the native soil; and

b. Wastewater movement through the engineered pad and sand bed assembly by gravity under unsaturated flow conditions to provide additional passive biological treatment.

2. The applicant may use an engineered pad system if:

a. The native soil is excessively permeable,

b. There is little native soil overlying fractured or excessively permeable rock, or

c. The available area is limited for installing a disposal works authorized by R18-9-E302.

B. Performance. An applicant shall ensure that:

1. The engineered pad system is designed so that the treated wastewater released to the native soil meets the following criteria:

a. TSS of 50 milligrams per liter, 30-day arithmetic mean;

b. BOD₅ of 50 milligrams per liter, 30-day arithmetic mean;

c. Total nitrogen (as nitrogen) of 53 milligrams per liter, 5-month arithmetic mean; and

d. Total coliform level of 1,000,000 (Log₁₀ 6) colony forming units per 100 milliliters, 95th percentile; or

2. The engineered pad system is designed to meet any other performance, loading rate, and configuration criteria specified in the reviewed product list maintained by the Department as required under R18-9-A309(E).

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit design materials and construction specifications for the engineered pad system.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall ensure that:

1. Gravity and pressurized wastewater delivery is from a septic tank or intermediate watertight chamber equipped with a pump and controls. The applicant shall ensure that:

a. Delivered wastewater is distributed onto the top of the engineered pad system and achieves even distribution by good engineering practice, and

b. The dosing rate for pressurized wastewater delivery is at least four doses per day and no more than 24 doses per day;

2. The sand bed consists of mineral sand washed to conform to the "Standard Specification for Concrete Aggregates, C33-03 (2003)," which is incorporated by reference in R18-9-E308(D)(2), unless the performance testing and design specifications of the engineered pad manufacturer justify a substitute specification. The applicant shall ensure that:

a. The sand bed design provides for the placement of at least 6 inches of sand bed material below and along the perimeter of each pad, and

b. The contact surface between the bottom of the sand bed and the native soil is level;

3. The spacing between adjacent two-pad-wide rows is at least two times the distance between the bottom of the distribution pipe and the bottom of the sand bed or 5 feet, whichever is greater;

4. The wastewater distribution system installed on the top of the engineered pad system is covered with a breathable geotextile material and the breathable geotextile material is covered with at least 10 inches of backfill.

a. The applicant shall ensure that rocks and cobbles are removed from backfill cover and grade the backfill for drainage.

b. The applicant may place the engineered pad system above grade, partially bury it, or fully bury it depending on site and service circumstances;

5. The engineered pad system is constructed with durable materials and capable of withstanding stress from installation and operational service; and

6. At least two inspection ports are installed in the engineered pad system to confirm unsaturated wastewater treatment conditions at diagnostic locations.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall place sand media to obtain a uniform density of 1.3 to 1.4 grams per cubic centimeter.

F. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B), an applicant shall inspect the backfill cover for physical damage or erosion and promptly repair the cover, if necessary.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended to correct a manifest typographical error in subsection (B)(2) (Supp. 01-1). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E310 4.10 General Permit: Intermittent Sand Filter, Less Than 3000 Gallons Per Day Design Flow

A. A 4.10 General Permit allows for the use of an intermittent sand filter receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, an "intermittent sand filter" means a treatment technology characterized by:

a. The pressurized delivery of pretreated wastewater to an engineered sand bed in a containment vessel equipped with an under drain system or designed as a bottomless filter;

b. Delivered wastewater dispersed throughout the sand media by periodic doses from the delivery pump to maintain unsaturated flow conditions in the bed; and

c. Wastewater that is treated during passage through the media, collected by a bed underdrain chamber, and removed by pump or gravity to the disposal works, or wastewater that percolates downward directly into the native soil as part of a bottomless filter design.

2. An applicant may use an intermittent sand filter if:

a. The native soil is excessively permeable,

b. There is little native soil overlying fractured or excessively permeable rock, or

c. The applicant desires a reduction in setback distances or minimum vertical separation.

B. Performance. An applicant shall ensure that:

1. An intermittent sand filter with underdrain system is designed so that it produces treated wastewater that meets the following criteria:

a. TSS of 10 milligrams per liter, 30-day arithmetic mean;

b. BOD₅ of 10 milligrams per liter, 30-day arithmetic mean;

c. Total nitrogen (as nitrogen) of 40 milligrams per liter, 5-month arithmetic mean; and

d. Total coliform level or 1000 (Log₁₀ 3) colony forming units per 100 milliliters, 95th percentile; or

2. An intermittent sand filter with a bottomless filter is designed so that it produces treated wastewater released to the native soil that meets the following criteria:

a. TSS of 20 milligrams per liter, 30-day arithmetic mean;

b. BOD₅ of 20 milligrams per liter, 30-day arithmetic mean;

c. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean; and

d. Total coliform level of 100,000 (Log₁₀ 5 colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit specifications for the media proposed for use in the intermittent sand filter.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall ensure that:

1. Pressurized wastewater delivery is from the septic tank or separate watertight chamber with a pump sized and controlled to deliver the pretreated wastewater to the top of the intermittent sand filter. The applicant shall ensure that the dosing rate is at least 4 doses per day and not more than 24 doses per day;

2. The pressurized wastewater delivery system provides even distribution in the sand filter through good engineering practice. The applicant shall:

a. Specify all necessary controls, pipes, valves, orifices, filter cover materials, gravel, or other distribution media, and monitoring and servicing components in the design documents; and

b. Ensure that the cover and topsoil is 6 to 12 inches in depth and graded to drain;

3. The sand filter containment vessel is watertight, structurally sound, durable, and capable of withstanding stress from installation and operational service. The applicant may place the intermittent sand filter above grade, partially buried, or fully buried depending on site and service circumstances;

4. Media used in the intermittent sand filter is mineral sand and that the media is washed and conforms to "Standard Specification for Concrete Aggregates, C33-03," which is incorporated by reference in R18-9-E308(D)(2);

5. The sand media depth is a minimum of 24 inches with the top and bottom surfaces level and the maximum waste-water loading rate is 1.0 gallons per day per square foot of inlet surface at the rated daily design flow;

6. The underdrain system:

a. Is within the containment vessel;

b. Supports the filter media and all overlying loads from the unsupported construction above the top surface of the sand media;

c. Has sufficient void volume above the normal high level of the intermittent sand filter effluent to prevent saturation of the bottom of the sand media by a 24-hour power outage or pump malfunction; and

d. Includes necessary monitoring, inspection, and servicing features;

7. Inspection ports are installed in the distribution media and in the underdrain;

8. The bottomless filter is designed similar to the underdrain system, except that the sand media is positioned on top of the native soil absorption surface. The applicant shall ensure that companion modifications are made that eliminate the containment vessel bottom and underdrain and relocate the underdrain inspection port to ensure reliable indication of the presence or absence of water saturation in the sand media;

9. The native soil absorption system is designed to ensure that the linear loading rate does not exceed site disposal capability; and

10. The bottomless sand filter discharge rate per unit area to the native soil does not exceed the adjusted soil absorption rate for the quality of wastewater specified in subsection (B)(2).

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall place the containment vessel, underdrain system, filter media, and pressurized wastewater distribution system in an excavation with adequate foundation and each layer installed to prevent differential settling and promote a uniform density throughout of 1.3 to 1.4 grams per cubic centimeter within the sand media.

F. Operation and maintenance requirements. The applicant shall follow the applicable requirements in R18-9-A313(B).

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E311 4.11 General Permit: Peat Filter, Less Than 3000 Gallons Per Day Design Flow

A. A 4.11 General Permit allows for the use of a peat filter receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "peat filter" means a disposal technology characterized by:

a. The dosed delivery of treated wastewater to the peat bed, which can be a manufactured module or a disposal bed excavated in native soil and filled with compacted peat;

b. Wastewater passing through the peat that is further treated by removal of positively charged molecules, filtering, and biological activity before entry into native soil; and

c. If the peat filter system is constructed as a disposal bed filled with compacted peat, wastewater that is absorbed into native soil at the bottom and sides of the bed.

2. An applicant may configure a modular system if a portion of the wastewater that has passed through the peat filter is recirculated back to the pump chamber.

3. An applicant may use a peat filter system if:

a. The native soil is excessively permeable,

b. There is little native soil overlying fractured or excessively permeable rock,

c. A reduction in setback distances or minimum vertical separation is desired, or

d. Cold weather inhibits performance of other treatment or disposal technologies.

B. Performance. An applicant shall ensure that a peat filter is designed so that it produces treated wastewater that meets the following criteria:

1. TSS of 15 milligrams per liter, 30-day arithmetic mean;

2. BOD₅ of 15 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 53 milligrams per liter, 5-month arithmetic mean; and

4. Total coliform level of 100,000 (Log₁₀ 5) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. Specifications for the peat media proposed for use in the peat filter or provided in the peat module, including:

a. Porosity;

b. Degree of humification;

c. pH;

d. Particle size distribution;

e. Moisture content;

f. A statement of whether the peat is air dried, and whether the peat is from sphagnum moss or bog cotton; and

g. A description of the degree of decomposition;

Specifications for installing the peat media; and

3. If a peat module is used:

a. The name and address of the manufacturer,

b. The model number, and

c. A copy of the manufacturer's warranty.

D. Design requirements.

1. If a pump tank is used to dose the peat module or bed, an applicant shall:

a. Ensure that the pump tank is sized to contain the dose volume and a reserve volume above the high water alarm that will contain the volume of daily design flow; and

b. Use a control panel with a programmable timer to dose at the applicable loading rate.

2. Peat module system. In addition to the applicable requirements in R18-9-A312, the applicant shall:

a. Size the gravel bed supporting the peat filter modules to allow it to act as a disposal works and ensure that the bed is level, long, and narrow, and installed on contour to optimize lateral movement away from the disposal area;

b. For modules designed to allow wastewater flow through the peat filter and base material into underlying native soil, size the base on which the modules rest to accommodate the soil absorption rate of the native soil;

c. Place fill over the module so that it conforms to the manufacturer's specification. If the fill is planted, the applicant shall use only grass or shallow rooted plants; and

d. Ensure that the peat media depth is at least 24 inches, the peat is installed with the top and bottom surfaces level, and the maximum wastewater loading rate is 5.5 gallons per day per square foot of inlet surface at the rated daily design flow, unless the Department approves a different wastewater loading rate under R18-9-A309(E).

3. Peat filter bed system. In addition to the applicable requirements in R18-9-A312, the applicant shall ensure that:

a. The bed is filled with peat derived from sphagnum moss and compacted according to the installation specification;

b. The maximum wastewater loading rate is 1 gallon per day per square foot of inlet surface at the rated daily design flow;

c. At least 24 inches of installed peat underlies the distribution piping and 10 to 14 inches of installed peat overlies the piping;

d. The cover material over the peat filter bed is slightly mounded to promote runoff of rainfall. The applicant shall not place additional fill over the peat; and

e. The peat is air dried, with a porosity greater than 90 percent, and a particle size distribution of 92 to 100 percent passing a No. 4 sieve and less than 8 percent passing a No. 30 sieve.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), the applicant shall:

1. Peat module system.

a. Compact the bottom of all excavations for the filter modules, pump, aerator, and other components to provide adequate foundation, slope the bottom toward the discharge to minimize ponding, and ensure that the bottom is flat, and free of debris, rocks, and sharp objects. If the excavation is uneven or rocky, the applicant shall use a bed of sand or pea gravel to create an even, smooth surface;

b. Place the peat filter modules on a level, 6-inch deep gravel bed;

c. Place backfill around the modules and grade the backfill to divert surface water away from the modules;

d. Not place objects on or move objects over the system area that might damage the module containers or restrict airflow to the modules;

e. Cover gaps between modules to prevent damage to the system;

f. Fit each system with at least one sampling port that allows collection of wastewater at the exit from the final treatment module;

g. Provide the modules and other components with anti-buoyancy devices to ensure stability in the event of flooding or high water table conditions; and

h. Provide a mechanism for draining the filter module inlet line; or

2. Peat filter bed system.

a. Scarify the bottom and sides of the leaching bed excavation to remove any smeared surfaces, and:

i. Unless directed by an installation specification consistent with this Chapter, place peat media in the excavation in 6-inch lifts; and

ii. Compact each lift before the next lift is added. The applicant shall take care to avoid compaction of the underlying native soil;

b. Lay distribution pipe in trenches cut in the compacted peat, and

i. Ensure that at least 3 inches of aggregate underlie the pipe to reduce clogging of holes or scouring of the peat surrounding the pipe, and

ii. Place peat on top of and around the sides of the pipes.

F. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B), the permittee shall inspect the finished grade over the peat filter for proper drainage, protection from damaging loads, and root invasion of the wastewater distribution system and perform maintenance as needed.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E312 4.12 General Permit: Textile Filter, Less Than 3000 Gallons Per Day Design Flow

A. A 4.12 General Permit allows for the use of a textile filter receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "textile filter" means a disposal technology characterized by:

a. The flow of wastewater into a packed bed filter in a containment structure or structures. The packed bed filter uses a textile filter medium with high porosity and surface area; and

b. The textile filter medium provides further treatment by removing suspended material from the wastewater by physical straining, and reducing nutrients by microbial action.

2. An applicant may use a textile filter in conjunction with a two-compartment septic tank or a two-tank system if the second compartment or tank is used as a recirculation and blending tank. The applicant shall divert a portion of the wastewater flow from the textile filter back into the second tank for further treatment.

3. An applicant may use a textile filter if:

a. Nitrogen reduction is desired,

b. The native soil is excessively permeable,

c. There is little native soil overlying fractured or excessively permeable rock, or

d. A reduction in setback distances or minimum vertical separation is desired.

B. Performance. An applicant shall ensure that a textile filter is designed so that it produces treated wastewater that meets the following criteria:

1. TSS of 15 milligrams per liter, 30-day arithmetic mean;

2. BOD₅ of 15 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 30 milligrams per liter, five-month arithmetic mean, or 15 milligrams, five-month arithmetic mean per liter if documented under subsection (C)(4); and

4. Total coliform level of 100,000 (Log₁₀ 5) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. The name and address of the filter manufacturer;

2. The filter model number;

3. A copy of the manufacturer's filter warranty;

4. If the system is for nitrogen reduction to 15 milligrams per liter, five-month arithmetic mean, specifications on the nitrogen reduction performance of the filter system and corroborating third-party test data;

5. The manufacturer's operation and maintenance recommendations to achieve a 20-year operational life; and

6. If a pump or aerator is required for proper operation, the pump or aerator model number and a copy of the manufacturer's warranty.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall ensure that:

1. The textile medium has a porosity of greater than 80 percent;

2. The wastewater is delivered to the textile filter by gravity flow or a pump;

3. If a pump is used to dose the textile filter, the pump and appurtenances meet following criteria:

a. The textile media loading rate and wastewater recirculation rate are based on calculations that conform with performance data listed in the reviewed product list maintained by the Department as required under R18-9-A309(E) ,

b. The tank and recirculation components are sized to contain the dose volume and a reserve volume above the high water level alarm that will contain the volume of daily design flow, and

c. A control panel with a programmable timer is used to dose the textile media at the applicable loading rate and wastewater recirculation rate.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall:

1. Before placing the filter modules, slope the bottom of the excavation for the modules toward the discharge point to minimize ponding;

2. Ensure that the bottom of all excavations for the filter modules, pump, aerator, or other components is level and free of debris, rocks, and sharp objects. If the excavation is uneven or rocky, the applicant shall use a bed of sand or pea gravel to create an even, smooth surface;

3. Provide the modules and other components with anti-buoyancy devices to ensure they remain in place in the event of high water table conditions; and

4. Provide a mechanism for draining the filter module inlet line.

F. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313, the permittee shall not flush corrosives or other materials known to damage the textile material into any drain that transmits wastewater to the on-site wastewater treatment facility.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E313 4.13 General Permit: Denitrifying System Using Separated Wastewater Streams, Less Than 3000 Gallons Per Day Design Flow

A. A 4.13 General Permit allows for the use of a separated waste-water streams, denitrifying system for a dwelling.

1. Definition. For purposes of this Section a "denitrifying system using wastewater streams" means a gravity flow treatment and disposal system for a dwelling that requires separate plumbing drains for conducting dishwasher, kitchen sink, and toilet flush water to wastewater treatment tank "A" and all other wastewater to a wastewater treatment tank "B."

a. Treated wastewater from tanks "A" and "B" is delivered to an engineered composite disposal bed system that includes an upper distribution pipe to deliver treated wastewater from tank "A" to a columnar celled, sand-filled bed.

b. The wastewater drains downward into a sand bed, then into a pea gravel bed with an internal distribution pipe system that delivers the treated wastewater from tank "B."

c. The entire composite bed is constructed within an excavation about 6 feet deep.

d. The system operates under gravity flow from tanks "A" and "B."

e. An engineered sampling assembly is installed at the midpoint of the disposal line run and at the base of the composite bed during construction to monitor system performance.

2. An applicant may use a separated wastewater streams, denitrifying system where total nitrogen reduction is required under this Article before release to the native soil.

B. Performance. An applicant shall ensure that a separated waste-water streams, denitrifying system is designed so that the treated wastewater released to the native soil meets the following criteria:

TSS of 30 milligrams per liter, 30-day arithmetic mean;

2. BOD₅ of 30 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 30 milligrams per liter, five-month arithmetic mean; and

4. Total coliform level of 1,000,000 (Log₁₀ 6) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. The applicant shall comply with the Notice of Intent to Discharge requirements in R18-9-A301(B) and R18-9-A309(B).

D. Design, installation, operation, and maintenance requirements. The applicant shall comply with the applicable design, installation, operation, and maintenance requirements in R18-9-A312, R18-9-A313(A), and R18-9-A313(B).

E. Reference design.

1. An applicant may use a separated wastewater streams, denitrifying system achieving the performance requirements specified in subsection (B) by following a reference design on file with the Department.

2. The applicant shall file a form provided by the Department for supplemental information about the proposed system with the applicant's submittal of the Notice of Intent to Discharge.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E314 4.14 General Permit: Sewage Vault, Less Than 3000 Gallons Per Day Design Flow

A. A 4.14 General Permit allows for the use of a sewage vault that receives sewage.

1. An applicant may use a sewage vault if a severe site or operational constraint prevents installation of a conventional septic tank and disposal works or any other on-site wastewater treatment facility allowed under this Article; or

2. An applicant may install a sewage vault as a temporary measure if connection to a sewer or installation of another on-site waste-water treatment facility occurs within two years of the connection or installation.

B. Performance. An applicant shall:

1. Not allow a discharge from a sewage vault to the native soil or land surface, and

2. Pump and dispose of vault contents at a sewage treatment facility or other sewage disposal mechanism allowed by law.

C. Notice of Intent to Discharge. The applicant shall comply with the Notice of Intent to Discharge requirements in R18-9-A301(B) and R18-9-A309(B), except that a site investigation under R18-9-A309(B)(1) is not required if the reason for using a sewage vault is an operational constraint that exists irrespective of the results of a site investigation conducted under R18-9-A310(B).

D. Design requirements. In addition to the requirements in R18-9-A312, an applicant shall:

1. Install a sewage vault with a capacity that is at least 10 times the daily design flow determined by R18-9-A314(4)(a)(i) ,

2. Use design elements to prevent the buoyancy of the vault if installed in an area where a high groundwater table may impinge on the vault,

Test the sewage vault for leakage using the procedure under R18-9-A314(5)(d) . The tank passes the water test if the water level does not drop over a 24-hour period,

4. Install an alarm or signal on the vault to indicate when 85 percent of the vault capacity is reached, and

5. Contract with a person who licensed a vehicle under 18 A.A.C. 13, Article 11 to pump out the vault on a schedule specified within the contract to ensure that the vault is pumped before full.

E. Installation, operation, and maintenance requirements. The applicant shall comply with the applicable installation, operation, and maintenance requirements in R18-9-A313(A) and (B).

F. Reference design.

1. An applicant may use a sewage vault that achieves the performance requirements in subsection (B) by following a reference design on file with the Department.

2. The applicant shall file a form provided by the Department for supplemental information about the proposed storage vault with the applicant's submittal of the Notice of Intent to Discharge.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-E315 4.15 General Permit: Aerobic System Less Than 3000 Gallons Per Day Design Flow

A. A 4.15 General Permit allows for the construction and use of an aerobic system that uses aeration for treatment

1. Definition. For purposes of this Section, an "aerobic system" means a treatment unit consisting of components that:

a. Mechanically introduce oxygen to wastewater,

b. Typically provide clarification of the wastewater after aeration, and

c. Convey the treated wastewater by pressure or gravity distribution to the disposal works.

2. An applicant may use an aerobic system if:

a. Enhanced biological processing is needed to treat wastewater with high organic content,

b. A soil or site condition is not adequate for installation of a standard septic tank and disposal works under R18-9-E302 ,

c. A highly treated wastewater amenable to disinfection is needed, or

d. Nitrogen removal from the wastewater is needed and removal performance of the system is documented according to subsection (C)(6).

B. Performance.

1. An applicant shall ensure that the aerobic system is designed so that the treated wastewater released to the native soil meets the following criteria:

a. TSS of 30 milligrams per liter, 30-day arithmetic mean;

b. BOD₅ of 30 milligrams per liter, 30-day arithmetic mean;

c. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean, or as low as 15 milligrams, five-month arithmetic mean per liter if documented under subsection (C)(6); and

d. Total coliform level of 300,000 (Log₁₀ 5.5) colony forming units per 100 milliliters, 95th percentile.

2. An applicant may use an aerobic system that meets the following less stringent performance criteria if the aerobic technology is listed by the Department under R18-9-A309(E) and the Department bases its review and listing on the technology being less costly and simpler to operate when compared to other aerobic technologies:

a. TSS of 60 milligrams per liter, 30-day arithmetic mean;

b. BOD₅ of 60 milligrams per liter, 30-day arithmetic mean;

c. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean, or as low as 15 milligrams, five month arithmetic mean per liter, if documented under subsection (C)(6); and

d. Total coliform level of 1,000,000 (Log₁₀ 7) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. The name and address of the aerobic system manufacturer;

2. The model number of the aerobic system;

3. Evidence of performance specified in subsection (B)(1) or (B)(2), as applicable;

4. A list of pretreatment components needed to meet performance requirements;

5. A copy of the manufacturer's warranty and operation and maintenance recommendations to achieve performance over a 20-year operational life; and

6. If the aerobic system will be used for nitrogen removal from the wastewater, either:

a. Evidence of a valid product listing under R18-9-E309(E) indicating nitrogen removal performance, or

b. Specifications and third party test data corroborating nitrogen reduction to the intended level.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall ensure that:

1. The wastewater is delivered to the aerobic treatment unit by gravity flow either directly or by a lift pump;

2. An interceptor or other pretreatment device is incorporated if necessary to meet the performance criteria specified in subsection (B)(1) or (2), or if recommended by the manufacturer for pretreatment if a garbage disposal appliance is used;

3. A clarifier is provided after aeration for any treatment technology that achieves performance that is equal to or better than the performance criteria specified in subsection (B)(1); and

4. Ports for inspection and monitoring are provided to verify performance.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall ensure that:

1. The installation of the aerobic treatment components conforms to manufacturer's specifications that do not conflict with Articles 1 and 3 of this Chapter and to the design documents specified in the Construction Authorization issued under R18-9-A301(D)(1)(c); and

2. Excavation and foundation work, and backfill placement is performed to prevent differential settling and adverse drainage conditions.

F. Operation and maintenance requirements. The permittee shall:

1. Follow the applicable requirements in R18-9-A313(B), and

2. Ensure that filters are cleaned and replaced as necessary.

G. Reference design.

1. An applicant may use an aerobic system that achieves the applicable performance requirements by following a reference design on file with the Department.

2. An applicant using a reference design shall submit, with the Notice of Intent to Discharge, supplemental information specific to the proposed installation on a form approved by the Department.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E316 4.16 General Permit: Nitrate-Reactive Media Filter, Less Than 3000 Gallons Per Day Design Flow

A. A 4.16 General Permit allows for the construction and use of a nitrate-reactive media filter receiving pretreated wastewater.

Definition. "Nitrate-reactive media filter" means a treatment technology characterized by:

a. The application of pretreated, nitrified wastewater to a packed bed filter in a containment structure. A packed bed filter consists of nitrate-reactive media that receives pretreated wastewater under appropriate design and operational conditions, and

b. The ability of the nitrate-reactive filter to further treat the nitrified wastewater by removing total nitrogen by chemical and physical processes.

2. An applicant shall use a nitrate-reactive media filter with a treatment or disposal works to pretreat and dispose of the wastewater.

3. An applicant may use a nitrate-reactive media filter if nitrogen reduction is required under this Article.

B. Restrictions. The applicant shall not use any product to supply pretreated wastewater to the nitrate-reactive media filter unless:

1. The product meets the pretreatment requirements for the filter based on product performance information in the product listing, and

2. The product is listed by the Department as a reviewed product under R18-9-A309(E).

C. Performance. An applicant shall ensure that a nitrate-reactive media filter is designed so that it produces treated wastewater that does not exceed the following criteria:

1. TSS of 30 milligrams per liter, 30-day arithmetic mean;

BOD₅ of 30 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 10 milligrams per liter, five-month arithmetic mean; and

4. Total coliform level of 1,000,000 (Log₁₀ 6) colony forming units per 100 milliliters, 95th percentile.

D. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. The name and address of the filter manufacturer;

2. The filter model number;

3. The manufacturer's requirements for pretreated wastewater supplied to the nitrate-reactive media filter;

4. The manufacturer's specifications for design, installation, and operation for the nitrate-reactive media filter system and appurtenances;

5. The manufacturer's warranty for the nitrate-reactive media filter system and appurtenances;

6. The manufacturer's operation and maintenance recommendations to achieve a 20-year operational life for the nitrate-reactive media filter system and appurtenances; and

7. The manufacturer name and model number for all appurtenances that significantly contribute to achieving the performance required in subsection (C).

E. Design requirements. In addition to the applicable design requirements specified in R18-9-A312, an applicant shall ensure that:

1. The nitrate-reactive media filter and appurtenances conform with manufacturer's specifications,

2. The loading rate of pretreated wastewater to the nitrate-reactive media inlet surface meets the manufacturer's specification and does not exceed 5.00 gallons per day per square foot of media inlet surface area, and

3. The bed packed with nitrate reactive media is at least 24 inches thick.

F. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall ensure that:

1. The nitrate-reactive media filter and appurtenances are installed according to manufacturer's specifications to achieve proper wastewater treatment, hydraulic performance, and operational life; and

2. Anti-buoyancy devices are installed when high water table or extreme soil saturation conditions are likely during operational life of the facility.

G. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B) and the manufacturer's specifications for the nitrite-reactive media filter, the permittee shall not dispose of corrosives or other materials that are known to damage the nitrate-reactive media filter system into the on-site wastewater treatment facility.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Section repealed; new Section made by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-9-E317 4.17 General Permit: Cap System, Less Than 3000 Gallons Per Day Design Flow

A. A 4.17 General Permit allows for the use of a cap fill cover over a conventional trench disposal works receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "cap system" means a disposal technology characterized by:

a. A soil cap, consisting of engineered fill placed over a trench that is not as deep as a trench allowed by R18-9-E302; and

b. A design that compensates for reduced trench depth by maintaining and enhancing the infiltration of wastewater into native soil through the trench side-walls.

2. An applicant may use a cap system if:

a. There is little native soil overlying fractured or excessively permeable rock, or

b. A high water table does not allow the minimum vertical separation to be met by a system authorized by R18-9-E302.

B. Performance. An applicant shall ensure that the design soil absorption rate and vertical separation complies with this Chapter for a trench, based on the following performance, unless additional pretreatment is provided:

1. TSS of 75 milligrams per liter, 30-day arithmetic mean;

2. BOD₅ of 150 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean; and

4. Total coliform level of 100,000,000 (Log₁₀ 8) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit specifications for the proposed cap fill material.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall ensure that:

1. The soil texture from the natural grade to the depth of the layer or the water table that limits the soil for unsaturated wastewater flow is no finer than silty clay loam;

2. Cap fill material used is free of debris, stones, frozen clods, or ice, and is the same as or one soil group finer than that of the disposal site material, except that the applicant shall not use fill material finer than clay loam as an additive;

3. Trench construction.

a. The trench bottom is at least 12 inches below the bottom of the disposal pipe and not more than 24 inches below the natural grade, and the trench bottom and disposal pipe are level;

b. The aggregate cover over the disposal pipe is 2 inches thick and the top of the aggregate cover is level and not more than 9 inches above the natural grade;

c. The cap fill cover above the top of the aggregate cover is at least 9 inches but not more than 18 inches thick. The applicant shall ensure that:

i. The cap surface is protected to prevent erosion and sloped to route surface drainage around the ends of the trench; and

ii. If the top of the aggregate is at or below the original ground surface, the cap surface has side slopes not more than one vertical to three horizontal; or

iii. If the top of the aggregate is above the original ground surface, the horizontal extent of the finished fill edges is at least 10 feet beyond the nearest trench sidewall or end wall;

d. The criteria for trench length, bottom width and spacing, and disposal pipe size is the same as that for the trench system prescribed in R18-9-E302;

e. Permeable geotextile fabric is placed on the aggregate top, trench end, and sidewalls extending above natural grade;

f. The native soil within the disposal site and the adjacent down gradient area to a 50-foot horizontal distance does not exceed a 12 percent slope if the top of the aggregate cover extends above the natural grade at any location along the trench length. The applicant shall ensure that the slope within the disposal site and the adjacent downgradient area to a 50-foot horizontal distance does not exceed 20 percent if the top of the aggregate cover does not extend above the natural grade;

g. The fill material is compacted to a density of 90 percent of the native soil if the invert elevation of the disposal pipe is at or above the natural grade at any location along the trench length;

h. At least one observation port is installed to the bottom of each cap fill trench;

i. The effective absorption area for each trench is the sum of the trench bottom area and the sidewall area. The height of the sidewall used for calculating the sidewall area is the vertical distance between the trench bottom and the lowest point of the natural land surface along the trench length; and

j. If the applicant uses correction factors for soil absorption rate under R18-9-A312(D)(3) and minimum vertical separation under R18-9-A312(E), additional wastewater pretreatment is provided.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall prepare the disposal site when high soil moisture is not present and equipment operations do not create platy soil conditions. The applicant shall:

1. Plow or scarify the fill area to disrupt the vegetative mat while avoiding smearing,

2. Construct trenches as specified in subsection (D)(3),

3. Scarify the site and apply part of the cap fill to the fill area and blend the fill with the scarified native soil within the contact layers, and

4. Follow the construction design specified in the Construction Authorization issued under R18-9-A301(D)(1)(c).

F. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B), the permittee shall inspect and repair the cap fill and other surface features as needed to ensure proper disposal function, proper drainage of surface water, and prevention of damaging loads on the cap.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E318 4.18 General Permit: Constructed Wetland, Less Than 3000 Gallons Per Day Design Flow

A. A 4.18 General Permit allows for the use of a constructed wetland receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. "Constructed wetland" means a treatment technology characterized by a lined excavation, filled with a medium for growing plants and planted with marsh vegetation. The treated wastewater flows horizontally through the medium in contact with the aquatic plants.

a. As the wastewater flows through the wetland system, additional treatment is provided by filtering, settling, volatilization, and evapotranspiration.

b. The wetland system allows microorganisms to break down organic material and plants to take up nutrients and other pollutants.

c. The wastewater treated by a wetland system is discharged to a subsurface soil disposal system.

2. An applicant may use a constructed wetland if further wastewater treatment is needed before disposal.

B. Performance. An applicant shall ensure that a constructed wetland is designed so that it produces treated wastewater that meets the following criteria:

1. TSS of 20 milligrams per liter, 30-day arithmetic mean;

BOD₅ of 20 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 45 milligrams per liter, five-month arithmetic mean; and

4. Total coliform level of 100,000 (Log₁₀ 5) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. The applicant shall comply with the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B).

D. Design, installation, operation, and maintenance requirements. The permittee shall comply with the applicable design, installation, operation, and maintenance requirements in R18-9-A312, R18-9-A313(A), and R18-9-A313(B).

E. Reference design.

1. An applicant may use a constructed wetland that achieves the performance requirements in subsection (B) by following a reference design on file with the Department.

2. The applicant shall file a form provided by the Department for supplemental information about the proposed constructed wetland with the applicant's submittal of the Notice of Intent to Discharge.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E319 4.19 General Permit: Sand-Lined Trench, Less Than 3000 Gallons Per Day Design Flow

A. A 4.19 General Permit allows for the use of a sand-lined trench receiving wastewater treated to a level equal to or better than that specified in R18-9-E302(B) .

1. Definition. For purposes of this Section, a "sand-lined trench" means a disposal technology characterized by:

a. Engineered placement of sand or equivalently graded glass in trenches excavated in native soil,

b. Wastewater dispersed throughout the media by pressure distribution technology as specified in R18-9-E304 using a timer-controlled pump in periodic uniform doses that maintain unsaturated flow conditions, and

c. Wastewater treated during travel through the media and absorbed into the native soil at the bottom of the trench.

2. An applicant may use a sand-lined trench if:

a. The native soil is excessively permeable,

b. There is little native soil overlying fractured or excessively permeable rock, or

c. Reduction in setback distances, or minimum vertical separation is desired.

B. Performance. An applicant shall ensure that a sand-lined trench is designed so that treated wastewater released to the native soil meets the following criteria:

TSS of 20 milligrams per liter, 30-day arithmetic mean;

2. BOD₅ of 20 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean; and

4. Total coliform level of 100,000 (Log₁₀ 5) colony forming units per 100 milliliters, 95th percentile.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit specifications for the proposed media in the trench.

D. Design requirements. In addition to the applicable requirements in R18-9-A312, an applicant shall ensure that:

1. The media used in the trench is mineral sand, crushed glass, or cinder sand and that:

a. The media conforms to "Standard Specifications for Concrete Aggregates, C33-03," which is incorporated by reference in R18-9-E308(D)(2), "Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing, C117-04 (2004)," published by the American Society for Testing and Materials, or an equivalent method approved by the Department. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959; and

b. Sieve analysis complies with the "Standard Test Method for Materials Finer than 75-µm (No. 200) Sieve in Mineral Aggregates by Washing, C1 1704," which is incorporated by reference in subsection (D)(1)(a), or an equivalent method approved by the Department;

2. Trenches.

a. Distribution pipes are capped on the end;

b. The spacing between trenches is at least two times the distance between the bottom of the distribution pipe and the bottom of the trench or 5 feet, whichever is greater;

c. The inlet filter media surface, wastewater distribution pipe, and bottom of the trench are level and the maximum effluent loading rate is not more than 1.0 gallon per day per square foot of sand media inlet surface;

d. The depth of sand below the gravel layer containing the distribution system is at least 24 inches;

e. The gravel layer containing the distribution system is 5 to 12 inches thick, at least 36 inches wide, and level;

f. Permeable geotextile fabric is placed at the base of and along the sides of the gravel layer, as necessary. The applicant shall ensure that:

i. Geotextile fabric is placed on top of the gravel layer, and

ii. Any cover soil placed on top of the geotextile fabric is capable of maintaining vegetative growth while allowing passage of air;

g. At least one observation port is installed to the bottom of each sand lined trench;

h. If the trench is installed in excessively permeable soil or rock, at least 1 foot of loamy sand is placed in the trench below the filter media. The minimum vertical separation distance is measured from the bottom of the loamy sand; and

i. The trench design is based on the design flow, native soil absorption area at the trench bottom, minimum vertical separation below the trench bottom, design effluent infiltration rate at the top of the sand fill, and the adjusted soil absorption rate for the final effluent quality; and

The dosing system consists of a timer-controlled pump, electrical components, and distribution network and that

a. Orifice spacing on the distribution piping does not exceed 4 square feet of media infiltrative surface area per orifice, and

b. The dosing rate is at least four doses per day and not more than 24 doses per day.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A), an applicant shall ensure that the filter media is placed in the trench to prevent differential settling and promote a uniform density throughout of 1.3 to 1.4 grams per cubic centimeter.

F. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B), the permittee shall ensure that:

1. The septic tank filter and pump tank are inspected and cleaned;

2. The dosing tank pump screen, pump switches, and floats are cleaned yearly and any residue is disposed of lawfully; and

3. Lateral lines are flushed and the liquid waste discharged into the treatment system headworks.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E320 4.20 General Permit: Disinfection Devices, Less Than 3000 Gallons Per Day Design Flow

A. A 4.20 General Permit allows for the use of a disinfection device to reduce the level of harmful organisms in wastewater, provided the wastewater is pretreated to equal or better than the performance criteria in R18-9-E315(B)(1)(a) . An applicant may use a disinfection device if:

1. The disinfection device kills the microorganisms by exposing the wastewater to heat, ultraviolet radiation, or a chemical disinfectant.

2. Some means of disinfection is required before discharge.

3. A reduction in harmful microorganisms, as represented by the total coliform level, is needed for surface or near surface disposal of the wastewater or reduction of the minimum vertical separation distance specified in R18-9-A312(E) is desired.

B. Restrictions.

1. Unless the disinfection device is designed to operate without electricity, an applicant shall not install the device if electricity is not permanently available at the site.

2. The 4.20 General Permit does not authorize a disinfection device that releases chemical disinfectants or disinfection byproducts harmful to plants or wildlife in the discharge area or causes a violation of an Aquifer Water Quality Standard.

C. Performance. An applicant shall ensure that:

1. A fail-safe wastewater control or operational process is incorporated to prevent a release of inadequately treated wastewater;

2. The performance of a disinfection device meets the level of disinfection needed for the type of disposal and produces effluent that:

a. Is nominally free of coliform bacteria;

b. Is clear and odorless, and

c. Has a dissolved oxygen content of at least 6 milligrams per liter;

D. Design requirements. An applicant shall ensure that an on-site wastewater treatment facility with a disposal works designed to discharge to the land surface includes disinfection technology that conforms with the following requirements:

Chlorine disinfection.

a. Available chlorine is maintained as indicated in the following table:

| pH of Wastewater (s.u.) | Required Concentration of Available Chlorine in Wastewater (mg/L) | | | --- | --- | --- | | Wastewater to the Disinfection Device Meets a TSS of 30 mg/L and BOD₅ of 30 mg/L | Wastewater to the Disinfection Device Meets a TSS of 20 mg/L and BOD₅ of 20 mg/L | | | 6 | 15 - 30 | 6 - 10 | | 7 | 20 - 35 | 10 - 20 | | 8 | 30 - 45 | 20 - 35 |

b. The minimum chlorine contact time is 15 minutes for wastewater at 70°F and 30 minutes for wastewater at 50°F, based on a flow equal to four times the daily design flow;

Contact chambers are watertight and made of plastic, fiberglass, or other durable material and are configured to prevent short-circuiting; and

3. For a device that disinfects by another method other than chlorine disinfection, dose and contact time are determined to reliably produce treated wastewater that is nominally free of coliform bacteria, based on a flow equal to four times the daily design flow.

E. Operation and maintenance. A permittee shall ensure that:

1. If the disinfection device relies on the addition of chemicals for disinfection, the device is operated to minimize the discharge of disinfection chemicals while achieving the required level of disinfection; and

2. The disinfection device is inspected and maintained at least once every three months by a qualified person.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Ariz. Admin. Code § R18-9-E321 4.21 General Permit: Surface Disposal, Less Than 3000 Gallons Per Day Design Flow

A. A 4.21 General Permit allows for surface application of treated wastewater that is nominally free of coliform bacteria produced by the treatment works of an on-site wastewater treatment facility.

B. Performance. An applicant shall ensure that the treated waste-water distributed for surface application meets the following criteria:

1. TSS of 30 milligrams per liter, 30-day arithmetic mean;

BOD₅ of 30 milligrams per liter, 30-day arithmetic mean;

3. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean;

4. Is nominally free of total coliform bacteria as indicated by a total coliform level of Log₁₀ 0 colony forming units per 100 milliliters, 95th percentile.

C. Restrictions. The applicant shall not install the disposal works if weather records indicate that:

1. Average minimum temperature in any month is 20°F or less, or

2. Over 1/3 of the average annual precipitation falls in a 30-day period.

D. Design requirements. An applicant shall ensure that:

1. The land surface application rate does not exceed the lowest application rate as determined under R18-9-A312(D) minus no greater than 50 percent of the evapotranspiration that may occur during the month with the least evapotranspiration in any soil zone within the top 5 feet of soil;

2. The design incorporates sprinklers, bubbler heads, or other dispersal components that optimize wastewater loading rates and prevent ponding on the land surface;

3. The design specifies containment berms:

a. Compacted to a minimum of 95 percent Proctor;

b. Designed to contain the runoff of the 10-year, 24-hour storm event in addition to the daily design flow; and c. Designed to remain intact in the event of a more severe rainfall event; and

4. The design incorporates placement of signage on hose bibs, human ingress points to the surface disposal area, and at intervals around the perimeter of the surface disposal area to provide notification of use of treated waste-water and a warning against ingestion.

E. Installation requirements. An applicant shall ensure that installation of the wastewater dispersal components conforms to manufacturer's specifications that do not conflict with this Article and to the design documents specified in the Construction Authorization issued under R18-9-A301(D)(1)(c).

F. Operation and maintenance. In addition to the requirements specified in R18-9-A313(B), the permittee shall operate and maintain the surface disposal works to:

1. Prevent treated wastewater from coming into contact with drinking fountains, water coolers, or eating areas;

2. Contain all treated wastewater within the bermed area; and

3. Ensure that hose bibs discharging treated wastewater are secured to prevent use by the public.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Section repealed; new Section made by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (Supp. 05-3).

Ariz. Admin. Code § R18-9-E322 4.22 General Permit: Subsurface Drip Irrigation Disposal, Less Than 3000 Gallons Per Day Design Flow

A. A 4.22 General Permit allows for the construction and use of a subsurface drip irrigation disposal works that receives high quality wastewater from an on-site wastewater treatment facility to dispense the wastewater to an irrigation system that is buried at a shallow depth in native soil. A 4.22 General Permit includes a pressure distribution system under R18-9-E304 .

1. The subsurface drip irrigation disposal works is designed to disperse the treated wastewater into the soil under unsaturated conditions by pressure distribution and timed dosing. The applicant shall ensure that the pressure distribution system meets the requirements specified in R18-9-E304, and the Department shall consider whether the requirements of R18-9-E304 are met when processing the application under R18-9-A301(B).

2. A subsurface drip irrigation disposal works reduces the downward percolation of wastewater by enhancing evapotranspiration to the atmosphere.

3. An applicant may use a subsurface drip irrigation disposal works to overcome site constraints, such as high groundwater, shallow soils, slowly permeable soils, or highly permeable soils, or if water conservation is needed.

4. The subsurface drip irrigation disposal works includes pipe, pressurization and dosing components, controls, and appurtenances to reliably deliver treated wastewater to driplines using supply and return manifold lines.

B. Performance. An applicant shall ensure that:

1. Treated wastewater that meets the following criteria is delivered to a subsurface drip irrigation disposal works:

a. Performance Category A.

i. TSS of 20 milligrams per liter, 30-day arithmetic mean;

ii. BOD₅ of 20 milligrams per liter, 30-day arithmetic mean;

iii. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean; and

iv. Total coliform level of one colony forming unit per 100 milliliters, 95th percentile; or

b. Performance Category B.

i. TSS of 30 milligrams per liter, 30-day arithmetic mean;

ii. BOD₅ of 30 milligrams per liter, 30-day arithmetic mean;

iii. Total nitrogen (as nitrogen) of 53 milligrams per liter, five-month arithmetic mean; and

iv. Total coliform level of 300,000 (Log₁₀ 5.5) colony forming units per 100 milliliters, 95th percentile; and

2. The subsurface drip irrigation works is designed to meet the following performance criteria:

a. Prevention of ponding on the land surface, and

b. Incorporation of a fail-safe wastewater control or operational process to prevent inadequately treated wastewater from being discharged.

C. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements in R18-9-A301(B), R18-9-A309(B), and R18-9-E304, the applicant shall submit:

1. Documentation of the pretreatment method proposed to achieve the wastewater criteria specified in subsection (B)(1), such as the type of pretreatment system and the manufacturer's warranty;

2. Initial filter and drip irrigation flushing settings;

3. Site evapotranspiration calculations if used to reduce the size of the disposal works; and

4. If supplemental irrigation water is introduced to the subsurface drip irrigation disposal works, an identification of the cross-connection controls, backflow controls, and supplemental water sources.

D. Design requirements. In addition to the applicable design requirements specified in R18-9-A312, an applicant shall ensure that:

1. The design requirements of R18-9-E304 are followed, except that:

a. The requirement for quick disconnects in R18-9-E304(D)(1)(c) is not applicable, and

b. The applicant may provide the reserve volume specified in R18-9-E304(D)(3)(a)(iv) in an oversized treatment tank or a supplemental storage tank;

2. Drip irrigation components and appurtenances are properly placed.

a. Performance category A subsurface drip irrigation disposal works. The applicant shall ensure that:

i. Driplines and emitters are placed to prevent ponding on the land surface, and

ii. Cover material and placement depth follow manufacturer's requirements to prevent physical damage or ultraviolet degradation of components and appurtenances; or

b. Performance category B subsurface drip irrigation disposal works. The applicant shall ensure that:

i. Driplines and emitters are placed at least 6 inches below the surface of the native soil;

ii. A cover of soil or engineered fill is placed on the surface of the native soil to achieve a total emitter burial depth of at least 12 inches;

iii. Cover material and placement depth follow manufacturer's requirements to prevent physical damage or ultraviolet degradation of components and appurtenances; and

iv. The drip irrigation disposal works is not used for irrigating food crops;

Wastewater is filtered upstream of the dripline emitters to remove particles 100 microns in size and larger;

A pressure regulator is provided to limit the pressure of wastewater in the drip irrigation disposal works;

Wastewater pipe meets the approved pressure rating in "Standard Specification for Poly (Vinyl Chloride) (PVC) Plastic Pipe, Schedules 40, 80, and 120, D1785-04a (2004)," or "Standard Specification for Chlorinated Poly (Vinyl Chloride) (CPVC) Plastic Pipe, Schedules 40 and 80, F441/F441M-02 (2002)," published by the American Society for Testing and Materials. This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 W. Washington, Phoenix, AZ 85007 or may be obtained from the American Society for Testing and Materials International, 100 Barr Harbor Drive, West Conshohocken, PA 19428-2959;

6. The system design flushes the subsurface drip irrigation disposal works components with wastewater at a minimum velocity of 2 feet per second, unless the manufacturer's manual and warranty specify another flushing practice. The applicant shall ensure that piping and appurtenances allow the wastewater to be pumped in a line flushing mode of operation with discharge returned to the treatment system headworks;

7. Air vacuum release valves are installed to prevent water and soil drawback into the emitters;

8. Driplines.

a. Driplines are placed from 12 to 24 inches apart unless other configurations are allowed by the manufacturer's specifications;

b. Dripline installation and design requirements, including the allowable deflection, follow manufacturer's requirements;

c. The maximum length of a single dripline follows manufacturer's specifications to provide even distribution;

d. The dripline incorporates a herbicide to prevent root intrusion for at least 10 years;

e. The dripline incorporates a bactericide to reduce bacterial slime buildup;

f. Disinfection does not reduce the life of the bactericide or herbicide in the dripline;

g. Any return flow from a drip irrigation disposal works to the treatment works does not impair the treatment performance; and

h. When dripline installation is under subsection (E)(1)(b) or (c), backfill consists of the excavated soil or similar soil obtained from the site that is screened for removal of debris and rock larger than 1/2-inch;

9. Emitters.

a. Emitters are spaced no more than 2 feet apart, and

b. Emitters are designed to discharge from 0.5 to 1.5 gallons per hour;

10. A suitable backflow prevention system is installed if supplemental water for irrigation is introduced to the pumping system. The applicant shall not introduce supplemental water to the treatment works;

11. The drip irrigation disposal works is installed in soils classified as:

a. Sandy clay loam, clay loam, silty clay loam, or finer with weak platy structure or in soil with a percolation rate from 45 to 120 minutes per inch;

b. Sandy clay loam, clay loam, silty clay loam, or silt loam with massive structure or in soil with a percolation rate from 31 to 120 minutes per inch; and

c. Other soils if an appropriate site-specific SAR is determined;

12. The minimum vertical separation distances are 1/2 of those specified in R18-9-A312(E)(2) if the design evapotranspiration rate during the wettest 30-day period of the year is 50 percent or more of design flow, except that the applicant shall not use a minimum vertical separation distance less than 1 foot;

13. In areas where freezing occurs, the irrigation system is protected as recommended by the manufacturer;

14. If drip irrigation components are used for a disposal works using a shaded trench constructed in native soil, the following requirements are met:

a. The trench is between 12 and 24 inches wide;

b. The trench bottom is between 12 and 30 inches below the original grade of native soil and level to within 2 inches per 100 feet of length;

c. Two driplines are positioned in the bottom of the trench, not more than 4 inches from each sidewall;

d. The trench with the positioned driplines is filled to a depth of 6 to 10 inches with decomposed granite or C-33 sand or a mixture of both, with mixture composition, if applicable, and placement specified on the construction drawing;

e. A minimum of 8 inches of backfill is placed over the decomposed granite or C-33 sand fill to an elevation of 1 to 3 inches above the native soil finished grade;

f. Observation ports are placed at both ends of each shaded trench to confirm the saturated wastewater level during operation; and

g. A separation distance of 24 inches or more is maintained between the nearest sidewall of an adjacent trench; and

The soil absorption area used for design of a drip irrigation works is calculated using:

a. For a design that uses the shaded trench method described in subsection (D)(14), the bottom and sidewall area of the shaded trench not more than 4 square feet per linear foot of trench; or

b. For all other designs, the number of emitters times an area for each emitter where the emitter area is a square centered on each emitter with the side dimension equal to the emitter separation distance selected by the designer in accordance with R18-9-E322(D)(9)(a), excluding all areas of overlap of adjacent squares.

E. Installation requirements. In addition to the applicable requirements in R18-9-A313(A) and R18-9-E304, the applicant shall ensure that:

1. The dripline is installed by:

a. A plow mechanism that cuts a furrow, dispenses pipe, and covers the dripline in one operation;

b. A trencher that digs a trench 4 inches wide or less;

c. Digging the trench with hand tools to minimize trench width and disruption to the native soil; or

d. Without trenching, removing surface vegetation, scarifying the soil parallel with the contours of the land surface, placing the pipe grid, and covering with fill material, unless prohibited in subsection (D)(2)(b)(ii);

2. Drip irrigation pipe is stored to preserve the herbicidal and bactericidal characteristics of the pipe;

3. Pipe deflection conforms to the manufacturer's requirements and installation is completed without kinking to prevent flow restriction;

4. A shaded trench drip irrigation disposal works is installed as specified in the design documents used for the Construction Authorization; and

5. The pressure piping and electrical equipment are installed according to the Construction Authorization in R18-9-A301(D)(1)(c) and any local building codes.

F. Operation and maintenance requirements. In addition to the applicable requirements in R18-9-A313(B) and R18-9-E304, the permittee shall:

1. Test any fail-safe wastewater control or operational process quarterly to ensure proper operation to prevent discharge of inadequately treated wastewater, and

2. Maintain the herbicidal and bacteriological capability of the drip irrigation disposal works.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3).

Ariz. Admin. Code § R18-9-E323 4.23 General Permit: 3000 to less than 24,000 Gallons Per Day Design Flow

A. A 4.23 General Permit allows for the construction and use of an on-site wastewater treatment facility with a design flow from 3000 gallons per day to less than 24,000 gallons per day or more than one on-site wastewater treatment facility on a property or on adjacent properties under common ownership with a combined design flow from 3000 to less than 24,000 gallons per day if all of the following apply:

1. Except as specified in subsection (A)(3), the treatment and disposal works consists of technologies or designs that would otherwise be covered under other general permits, but are either sized larger to accommodate increased flows or, will be located at a site that cumulatively accommodates flows between 3000 gallons per day to less than 24,000 gallons per day;

2. The on-site wastewater treatment facility complies with all applicable requirements of Articles 1, 2, and 3 of this Chapter;

3. The facility is not a system or a technology that would otherwise be covered by one of the following general permits available for a design flow of less than 3000 gallons per day:

a. An aerobic system as described in R18-9-E315;

b. A disinfection device described in R18-9-E320, except that an ultraviolet radiation disinfection device is allowed; or

c. A seepage pit or pits described in R18-9-E302; and

4. The discharge of total nitrogen to groundwater is controlled.

a. An applicant shall:

i. Demonstrate that the nitrogen loading calculated over the property served by the on-site wastewater treatment facility, including streets, common areas, and other non-contributing areas, is not more than 0.088 pounds (39.9 grams) of total nitrogen per day per acre calculated at a horizontal plane immediately beneath the zone of active treatment of the on-site wastewater treatment facility including its disposal field; or

ii. Justify a nitrogen loading that is equally protective of aquifer water quality as the nitrogen loading specified in subsection (A)(4)(a)(i) based on site-specific hydrogeological or other factors.

b. For purposes of the demonstration in subsection (A)(4)(a)(i), the applicant may assume that 0.0333 pounds (15.0 grams) of total nitrogen per day per person is contributed to raw sewage and may determine the nitrogen concentration in the treated wastewater at a horizontal plane immediately beneath the zone of active treatment of the on-site wastewater treatment facility including its disposal field.

B. Notice of Intent to Discharge. In addition to the Notice of Intent to Discharge requirements specified in R18-9-A301(B) and R18-9-A309(B), an applicant shall submit:

1. A performance assurance plan consisting of tasks, schedules, and estimated annual costs for operating, maintaining, and monitoring performance over a 20-year operational life;

2. Design documents and the performance assurance plan, signed, dated, and sealed by an Arizona-registered professional engineer;

3. Any documentation submitted under the alternative design procedure in R18-9-A312(G) that pertains to achievement of better performance levels than those specified in the general permit for the corresponding facility with a design flow of less than 3000 gallons per day, or for any other alternative design, construction, or operational change proposed by the applicant; and

4. A demonstration of total nitrogen discharge control specified in subsection (A)(4).

C. Design requirements. The applicant shall comply with the applicable requirements in R18-9-A312 and the applicable general permits for the treatment works and disposal works used in the design of the on-site wastewater treatment facility.

D. Installation requirements. The applicant shall comply with the applicable requirements in R18-9-A313(A) and the applicable general permits for the treatment works and disposal works used in the design of the on-site wastewater treatment facility.

E. Operation and maintenance requirements. The applicant shall comply with the applicable requirements in R18-9-A313(B) and the applicable general permits for the treatment works and disposal works used in the design of the on-site wastewater treatment facility.

F. Additional Discharge Authorization requirements. In addition to any other requirements, the applicant shall submit the following information before the Discharge Authorization is issued.

1. A signed, dated, and sealed Engineer's Certificate of Completion in a format approved by the Department affirming that:

a. The project was completed in compliance with the requirements of this Section and as described in the plans and specifications, or

b. Any changes are reflected in as-built plans submitted with the Engineer's Certificate of Completion.

2. The name of the service provider or certified operator that is responsible for implementing the performance assurance plan.

G. Reporting requirement. The permittee shall provide the Department with the following information on the anniversary date of the Discharge Authorization:

1. A form signed by the certified operator or service provider that:

a. Provides any data or documentation required by the performance assurance plan,

b. Certifies compliance with the requirements of the performance assurance plan, and

c. Describes any additions to the facility during the year that increased flows and certifies that the flow did not exceed 24,000 gallons per day during any day; and

2. Any applicable fee required by 18 A.A.C. 14.

H. Facility expansion. If an expansion of an on-site wastewater treatment facility or site operating under this Section involves the installation of a separate on-site wastewater treatment facility on the property with a design flow of less than 3000 gallons per day, the applicant shall submit the applicable Notice of Intent to Discharge and fee required under 18 A.A.C. 14 for the separate on-site waste-water treatment facility in order to add the facility to the existing site operating under this section.

The applicant shall indicate in the Notice of Intent to Discharge the Department's file number and the issuance date of the Discharge Authorization previously issued by the Director under this Section for the property.

2. Upon satisfactory review, the Director shall reissue the Discharge Authorization for this Section, with the new issuance date and updated information reflecting the expansion.

3. If the expansion causes the accumulative design flow from on-site wastewater treatment facilities on the property to equal or exceed 24,000 gallons per day, the Director shall not reissue the Discharge Authorization, but shall require the applicant to submit an application for an individual permit addressing all proposed and operating facilities on the property.

History

• New Section adopted by final rulemaking at 7 A.A.R. 235, effective January 1, 2001 (Supp. 00-4). Amended by final rulemaking at 11 A.A.R. 4544, effective November 12, 2005 (05-3). Amended by final rulemaking at 29 A.A.R. 1023, effective 6/19/2023.

Article 6 UNDERGROUND INJECTION CONTROL

Part E CLASS I INJECTION WELL REQUIREMENTS

Ariz. Admin. Code § R18-9-E640 Class I; Construction Requirements

A. All Class I wells shall be sited in such a fashion that they inject into a formation which is beneath the lowermost formation containing, within one-quarter mile of the well bore, an USDW.

B. All Class I wells shall be cased and cemented to prevent the movement of fluids into or between USDWs. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

1. Depth to the injection zone;

2. Injection pressure, external pressure, internal pressure, and axial loading;

3. Hole size;

4. Size and grade of all casing strings, such as wall thickness, diameter, nominal weight, length, joint Specification, and construction material;

Corrosiveness of injected fluid, formation fluids, and temperatures;

6. Lithology of injection and confining intervals; and

7. Type or grade of cement.

C. All Class I injection wells, except those municipal wells injecting non-corrosive wastes, shall inject fluids through tubing with a packer set immediately above the injection zone, or tubing with an approved fluid seal as an alternative. The tubing, packer, and fluid seal shall be designed for the expected service.

1. The use of other alternatives to a packer may be allowed with the written approval of the Director. To obtain approval, the operator shall submit a written request to the Director, which shall set forth the proposed alternative and all technical data supporting its use. The Director shall approve the request if the alternative method will reliably provide a comparable level of protection to USDWs. The Director may approve an alternative method solely for an individual well or for general use.

2. In determining and specifying requirements for tubing, packer, or alternatives the following factors shall be considered:

a. Depth of setting;

b. Characteristics of injection fluid such as chemical content, corrosiveness, and density;

c. Injection pressure;

d. Annular pressure;

e. Rate, temperature and volume of injected fluid; and

f. Size of casing.

D. Appropriate logs and other tests shall be conducted during the drilling and construction of new Class I wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the Director. At a minimum, such logs and tests shall include:

1. Deviation checks on all holes constructed by first drilling a pilot hole, and then enlarging the pilot hole by reaming or another method. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses. In determining which logs and tests shall be required, the following logs shall be considered for use in the following situations:

a. For surface casing intended to protect USDWs:

i. Resistivity, spontaneous potential, and caliper logs before the casing is installed; and

ii. A cement bond, temperature, or density log after the casing is set and cemented.

b. For intermediate and long strings of casing intended to facilitate injection:

i. Resistivity, spontaneous potential, porosity, and gamma ray logs before the casing is installed;

ii. Fracture finder logs; and

iii. A cement bond, temperature, or density log after the casing is set and cemented.

E. At a minimum, the following information concerning the injection formation shall be determined or calculated for new Class I wells:

1. Fluid pressure;

2. Temperature;

3. Fracture pressure;

4. Other physical and chemical characteristics of the injection matrix; and

5. Physical and chemical characteristics of the formation fluids.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-E641 Class I; Operating, Monitoring, and Reporting Requirements

A. Operating requirements shall, at a minimum, specify that:

1. Except during stimulation injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case shall injection pressure initiate fractures in the confining zone or cause the movement of injection or formation fluids into an USDW.

2. Injection between the outermost casing protecting USDWs and the well bore is prohibited.

3. Unless an alternative to a packer has been approved under R18-9-E640(C), the annulus between the tubing and the long string of casings shall be filled with a fluid approved by the Director and a pressure, also approved by the Director, shall be maintained on the annulus.

B. Monitoring requirements shall, at a minimum, include:

1. The analysis of the injected fluids with sufficient frequency to yield representative data of their characteristics;

2. Installation and use of continuous recording devices to monitor injection pressure, flow rate and volume, and the pressure on the annulus between the tubing and the long string of casing;

3. A demonstration of mechanical integrity pursuant to R18-9-B613 at least once every five years during the life of the well; and

4. The type, number and location of wells within the area of review to be used to monitor any migration of fluids into and pressure in the USDWs, the parameters to be measured and the frequency of monitoring.

C. Reporting requirements shall, at a minimum, include:

Quarterly reports to the Director on:

a. The physical, chemical and other relevant characteristics of injection fluids;

b. Monthly average, maximum and minimum values for injection pressure, flow rate and volume, and annular pressure; and

c. The results of monitoring prescribed under subsection (B)(4) of this Section.

2. Reporting the results, with the first quarterly report after the completion, of:

a. Periodic tests of mechanical integrity;

b. Any other test of the injection well conducted by the permittee if required by the Director; and

c. Any well work over.

D. Ambient monitoring.

1. Based on a site-specific assessment of the potential for fluid movement from the well or injection zone and on the potential value of monitoring wells to detect such movement, the Director shall require the owner or operator to develop a monitoring program. At a minimum, the Director shall require monitoring of the pressure buildup in the injection zone annually, including at a minimum, a shut down of the well for a time sufficient to conduct a valid observation of the pressure fall-off curve.

2. When prescribing a monitoring system the Director may also require:

a. Continuous monitoring for pressure changes in the first aquifer overlying the confining zone. When such a well is installed, the owner or operator shall, on a quarterly basis, sample the aquifer and analyze for constituents specified by the Director;

b. The use of indirect, geophysical techniques to determine the position of the waste front, the water quality in a formation designated by the Director, or to provide other site specific data;

c. Periodic monitoring of the ground water quality in the first aquifer overlying the injection zone;

d. Periodic monitoring of the ground water quality in the lowermost USDW; and

e. Any additional monitoring necessary to determine whether fluids are moving into or between USDWs.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-E642 Class I; Information to be Considered by the Director

A. This Section sets forth the information which must be considered by the Director in authorizing Class I wells.

1. For an existing or converted new Class I well the Director may rely on the existing permit file for those items of information listed in subsections (B), (C) and (D) which are current and accurate in the file.

2. For a newly drilled Class I well, the Director shall require the submission of all the information listed in subsections (B), (C) and (D) which are current and accurate in the file.

3. For both existing and new Class I wells certain maps, cross sections, tabulations of wells within the area of review and other data may be included in the application by reference provided they are current, readily available to the Director and sufficiently identified to be retrieved.

B. Prior to the issuance of a permit for an existing Class I well to operate or the construction or conversion of a new Class I well the Director shall consider the following:

1. Information required in R18-9-C616;

2. A map showing the injection well or wells for which a permit is sought and the applicable area of review. Within the area of review, the map must show the number, or name, and location of all producing wells, injection wells, abandoned wells, dry holes, surface bodies of water, springs, mines, quarries, water wells and other pertinent surface features including residences and roads. The map should also show faults, if known or suspected. Only information of public record is required to be included on this map;

3. A tabulation of data on all wells within the area of review which penetrate into the proposed injection zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the Director may require;

4. Maps and cross sections indicating the general vertical and lateral limits of all USDWs within the area of review, their position relative to the injection formation and the direction of water movement, where known, in each USDW which may be affected by the proposed injection;

5. Maps and cross sections detailing the geologic structure of the local area;

6. Generalized maps and cross sections illustrating the regional geologic setting;

7. Proposed operating data:

a. Average and maximum daily rate and volume of the fluid to be injected;

b. Average and maximum injection pressure; and

c. Source and an analysis of the chemical, physical, radiological and biological characteristics of injection fluids;

8. Proposed formation testing program to obtain an analysis of the chemical, physical and radiological characteristics of and other information on the receiving formation;

9. Proposed stimulation program;

10. Proposed injection procedure;

11. Schematic or other appropriate drawings of the surface and subsurface construction details of the well.

12. Contingency plans to cope with all shut-ins or well failures so as to prevent migration of fluids into any USDW;

13. Plans, including maps, for meeting the monitoring requirements in R18-9-E641(B);

14. For wells within the area of review which penetrate the injection zone but are not properly completed or plugged, the corrective action proposed to be taken under R18-9-D639;

15. Construction procedures including a cementing and casing program, logging procedures, deviation checks, and a drilling, testing, and coring program; and

16. A certificate that the applicant has assured, through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well as required by R18-9-D636(A)(6).

C. Prior to granting approval for the operation of a Class I well the Director shall consider the following information:

1. All available logging and testing program data on the well;

2. A demonstration of mechanical integrity pursuant to R18-9-B613;

3. The anticipated maximum pressure and flow rate at which the permittee will operate;

4. The results of the formation testing program;

5. The actual injection procedure;

6. The compatibility of injected waste with fluids in the injection zone and minerals in both the injection zone and the confining zone; and

7. The status of corrective action on defective wells in the area of review.

D. Prior to granting approval for the plugging and abandonment of a Class I well the Director shall consider the following information:

1. The type and number of plugs to be used;

2. The placement of each plug including the elevation of the top and bottom;

3. The type and grade and quantity of cement to be used;

4. The method for placement of the plugs; and

5. The procedure to be used to meet the requirements of R18-9-B614(C).

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Article 7 USE OF RECYCLED WATER

Part E REPEALED

Ariz. Admin. Code § R18-9-E701 [Repealed]

A. An application for a Recycled Water Individual Permit for an Advanced Reclaimed Water Treatment Facility must be submitted to the Department according to the requirements in R18-9-A703, as applicable.

B. Safe Drinking Water Act. For purposes of Safe Drinking Water Act requirements, water produced by an Advanced Reclaimed Water Treatment Facility shall be considered surface water for purposes of compliance with Title 18, Chapter 4 of the Arizona Administrative Code. Nothing in this section exempts an applicable facility from Safe Drinking Water Act requirements.

C. Design Report. In addition to the information required by subsection (A), the applicant shall submit a design report for the Advanced Reclaimed Water Treatment Facility according to a form prescribed by the Department and certified by an Arizona-registered professional engineer. The design report must include the following information:

1. Characterization of source water quantity and quality, including:

a. Average and anticipated minimum and maximum source water flows to the facility;

b. Concentrations of the source water's physical, microbiological, and chemical constituents regulated for drinking water Maximum Contaminant Levels under the Safe Drinking Water Act and which the Department determines are appropriate for the particular facility and source water;

c. Description and concentrations of constituents in the source water used for unit treatment process monitoring and assessment of unit treatment process efficacy, and

d. A list of unregulated microbial and chemical constituents and corresponding concentrations in the source water a facility proposes to monitor in order to assess the treatment effectiveness of the overall treatment train. The particular constituents will depend on consideration of factors, such as:

i. Occurrence of the constituent in source and local waters,

ii. Availability of standardized laboratory methods for quantification of the constituent,

iii. Usefulness as representatives of or surrogates for larger classes of constituents, and

iv. Availability of toxicity data for the constituent.

2. Description of, and results from, the pilot water treatment system for the facility or of analogous systems where comparable treatment components are demonstrated as appropriate for treating the particular characteristics of the applicant's proposed source water;

3. Identification and description of the technologies, processes, methodologies, and process control monitoring to be employed for microbial control;

4. Logarithmic reduction targets for microbial control, to ensure the product water is free of pathogens and suitable for potable use;

5. Identification and description of technologies, processes, methodologies and process control monitoring for chemical control;

6. Plan for monitoring the product water for public health protection;

7. Commissioning and startup plan, including preoperational and startup testing and monitoring, expected time-frame for meeting full operational performance, and any other special startup condition meriting consideration in the individual permit;

8. Operation and maintenance plan including corrective actions for out-of-range monitoring results and contingencies for non-compliant water;

9. Operator training plan; and

10. Documentation of technical, financial, and management capability.

History

• Adopted by final rulemaking at 23 A.A.R. 3091, effective 1/1/2018. Repealed by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Article 8 ADVANCED WATER PURIFICATION

Part E CONSTITUENT CONTROL, MONITORING, AND REPORTING

Ariz. Admin. Code § R18-9-E824 Enhanced Source Control

A. Treated wastewater used to supply an AWP project shall originate from a water reclamation facility that has local authority to implement an enhanced source control program, including authority for oversight, enforcement, and inspection.

B. An AWPRA applicant shall develop, and an AWPRA permittee shall maintain, a locally authorized enhanced source control program which shall:

1. Operate pursuant to specific legal authority enforceable in State or local courts, including the ability to file civil and/or criminal complaints for program violations,

2. Identify, control, or eliminate constituents of concern discharged into the collection systems through the use of constituents of concern control methods including local ordinances and local limits,

3. Include a summary of local limits and other discharge control methods,

4. Include a list of potentially impactful non-domestic dischargers in the service area,

a. A potentially impactful non-domestic discharger is a source that meets one or more of the following:

i. The source is subject to the National Pretreatment Program pretreatment standards;

ii. The source may adversely affect the AWTF operation including pass-through or interference;

iii. The source has a potential to have serious adverse effects on public health;

iv. The source has a potential to prevent the AWPRA from achieving requisite treatment standards for any contaminant regulated under this Article;

v. The source has a potential to cause a violation of a Tier 1 standard; or

vi. The source has otherwise been designated as potentially impactful by the water reclamation facility.

b. The potentially impactful non-domestic discharger list shall be:

i. Utilized to generate a list of impactful non-domestic dischargers, subject to additional control measures, in accordance with subsection (C) of this section,

ii. Reported to ADEQ every year through the annual report prepared pursuant to R18-9-E831,

iii. Continuously updated with newly introduced chemicals or new potentially impactful non-domestic dischargers, or as a result of any other event that causes a change within the collection systems impacting the advanced treated water quality,

iv. Verified through open and ongoing communication, as well as routine site visits with the identified potentially impactful non-domestic discharger. Verification may include inquiry into chemical use, potential discharges, and any potential or planned changes in operation that could impact the advanced treated water quality, and

v. Accompanied by collection system investigations to identify sources of Tier 1 or Tier 2 chemical peaks that have a significant impact on advanced treated water quality. These investigations shall occur at all necessary sewer lines, manholes, force mains, lift stations, and other collection system components.

5. Include a map of the collection system components, which shall be submitted to the Department and shall include locations of the potentially impactful non-domestic discharges in the collection system,

6. Include a list of all water reclamation facilities in the collection system that provide treated wastewater to the AWPRA as a source under the AWP program along with a description or map of their respective boundaries,

7. Include activities that protect the water reclamation facility(s) and AWTF(s) from pass-through or interference from constituents of concern which may include, but are not limited to, the creation of additional local limits or addressing routine monitoring activities,

8. Include a pollutant reduction and elimination plan that addresses both non-domestic and domestic dischargers with the goal of mitigating or eliminating constituents of concern prior to entry into the collection system. The plan shall include, at a minimum, the following:

a. A determination of whether targeted outreach is necessary. If necessary, targeted outreach shall include the development of targeted outreach programs for non-domestic dischargers determined to be impactful in accordance with subsection (C)(2) of this section,

b. Education and encouragement of non-domestic dischargers determined to not be impactful in accordance with subsection (C)(2) of this section to participate in pollution prevention programs or environmental stewardship programs that reduce or eliminate the discharge of constituents of concern into the collection system, including the requirement to consider alternatives to constituent of concern usage,

c. A public outreach program for domestic dischargers, and

d. Notification and public hearings on the AWP program and significant program developments,

9. Include a septage hauler control program that tracks and monitors loads and includes a load sampling program which shall retain all load sampling results for a minimum of five years,

Implement a program to receive early warning for the purpose of attaining advanced notice of an incoming constituents of concern peak. An early warning system shall include, at a minimum, the following:

a. Online monitoring instrumentation that evaluate data in real time located either in the influent to the water reclamation facility, in the collection system, or at the discharging entity that measures constituents of concern or surrogate parameter(s) and that indicates potential treatment interference, pass-through, or a violation of an AWP action level,

b. A process for notification to the AWPRA of any discharge that can potentially result in the release of contaminants above local limits established pursuant to subsection (B)(3) of this section,

c. Cooperation with local county public health departments, as necessary, to track constituents of concern peaks from disease outbreaks or other impactful health events,

d. A response plan developed pursuant to subsection (B)(12) of this section,

e. A plan for routine calibration of early warning system equipment with the goal of reliable performance,

f. A plan for rapid response and addressing of equipment failure, and

g. Other early warning measures required by the Department, which are necessary to protect the operations of the AWPRA project treatment or prevent contamination of the advanced treated water, based on a review of application components submitted to the Department for review, and on the availability of such measures,

11. Be audited at least every five years by an independent party to assess the effectiveness of the enhanced source control program in controlling the discharge of contaminants,

12. Include a clear and comprehensive response plan to address constituents of concern exceedances. The response plan shall be created in partnership with all relevant AWPRA partners. The plan shall include, at a minimum, the following:

a. A procedure for addressing constituents of concern peaks with the potential to impact advanced treated water quality,

b. An investigation and identification of the exceedance source, or if no source is identified, the initiation of a collection system sampling program,

c. The designation of the leading facility responsible for communication with the AWPRA partners,

d. A procedure for when and how to notify the Department upon a constituent of concern exceedance,

e. A procedure for the bypass and/or shutdown of the AWTF, if necessary,

f. An effective training program ensuring the understanding of the response plan by the responsible personnel,

g. A review of the operation and calibration records for online meters and any relevant analytical methods upon the detection of a constituent of concern exceedance, and

h. Submission of a memorandum of understanding or other contractual agreement between all entities necessary to effectuate the response plan, and

13. Prohibit the discharge of any of the following to the water reclamation facility:

a. Pollutants which create a fire or explosion hazard, including, but not limited to, waste streams with a closed cup flashpoint of less than 140 degrees Fahrenheit or 60 degrees Centigrade using the test methods specified in 40 CFR Part 261.21 ,

b. Pollutants which will cause corrosive structural damage including discharges with a pH lower than 5.0, unless the treatment works are designed to accommodate such discharges.

c. Solid or viscous pollutants in amounts which will cause obstruction to the flow resulting in interference,

d. Any pollutant, including oxygen demanding pollutants (biochemical oxygen demand, etc.) released in a discharge at a flow rate and/or pollutant concentration which will cause Interference,

e. Heat in amounts which will inhibit biological activity resulting in interference including heat in such quantities that the temperature at the water reclamation facility exceeds 40 °C (104 °F), unless the approval authority, upon request of the water reclamation facility, approves alternate temperature limits,

f. Petroleum oil, non-biodegradable cutting oil, or products of mineral oil origin in amounts that will cause interference or pass-through,

g. Pollutants which result in the presence of toxic gas, vapors, or fumes in a quantity that may cause acute worker health and safety problems, and

h. Any trucked or hauled pollutants, except at discharge points designated by the water reclamation facility, and

14. Include local authority for the AWPRA to take the following actions to determine compliance of a potentially impactful non-domestic discharger with a local ordinance:

a. Receive and analyze all self-monitoring reports and notices submitted by potentially impactful non-domestic dischargers,

b. Randomly sample and analyze effluent from potentially impactful non-domestic dischargers and conduct surveillance and inspection activities needed to identify, independent of any information supplied by such users, occasional or continuing non-compliance with any local limit or requirement, and

c. Investigate instances of non-compliance with any enhanced source control ordinance when notice of any actual or probable non-compliance has been received by the AWPRA, and

15. Report all program elements in this subsection to the Department annually, pursuant to R18-9-E831, and

16. Include any other relevant information required by the Department.

C. Impactful Non-Domestic Dischargers List.

1. From the potentially impactful non-domestic dischargers list developed in subsection (B)(4) of this section, the AWPRA applicant shall develop a list of impactful non-domestic dischargers by conducting a significant impact analysis for each potentially impactful non-domestic discharger that considers, but is not limited to, the following factors:

a. Average wastewater discharged into the collection system,

b. Dilution of discharge within the collection system,

c. The nature of the discharge and its constituents,

d. The ability of downstream treatment processes to address the discharge, and

e. The effect the discharge will have on treatment processes and advanced treated water.

2. The AWPRA permittee shall subject the identified impactful non-domestic dischargers in the collection system to additional control measures including, but not limited to:

a. Locally established discharge limits,

b. Locally established monitoring, and

c. Targeted outreach.

3. The list shall be reported to ADEQ every year through the annual report prepared pursuant to R18-9-E831.

D. In addition to the requirements of this section, an enhanced source control program shall be developed, conducted, and maintained using good engineering practices. Methods for developing, conducting, and maintaining an enhanced source control program shall be approved if the AWPRA applicant can demonstrate that the methods are sufficiently detailed and robust for the purpose of enhanced source control, pursuant to this Article.

1. ADEQ shall develop and make available guidance on developing, conducting, and maintaining an enhanced source control program.

2. An enhanced source control program developed, conducted, and maintained in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

E. An AWPRA shall form and maintain a source control committee that includes representatives from:

1. Each AWPRA partner that is part of the AWPRA's enhanced source control program, including each AWPRA partner that supplies treated wastewater to the AWP project or that owns and/or operates a water reclamation facility that provides treatment, and

2. Key non-domestic dischargers and others that discharge to the collection system chemicals that may pose a risk to public health.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-E825 Tier 1 Chemical Control; Maximum Contaminant Levels

For the purposes of this Article, Tier 1 chemicals are the chemical contaminants that have "Primary Drinking Water Standards" under 40 CFR Part 141 as incorporated by reference in R18-4-102, including those with Safe Drinking Water Act-required Maximum Contaminant Levels or Treatment Techniques.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-E826 Tier 2 Chemical Control; Advanced Water Purification-Specific Chemicals

A. An AWPRA shall conduct a Tier 2 analysis under this section in order to determine Tier 2 chemicals, propose alert and action levels for Tier 2 chemicals at the AWTF, and to identify the chemical controls necessary to be implemented by the AWPRA in the following manner:

1. An AWPRA applicant shall conduct the analysis as a required technical component of their permit application for an AWP permit or an AWP demonstration permit, pursuant to R18-9-C816 and R18-9-C817, respectively.

2. Once permitted, an AWPRA shall conduct a new Tier 2 analysis under this section:

a. If the AWPRA is aware of, becomes aware of, or should reasonably be aware of:

i. The identification of additional potentially impactful non-domestic dischargers pursuant to R18-9-E824(B)(4); or

ii. Significant volumetric adjustments to an AWPRA water reclamation facility's total daily volume of treated wastewater that are likely to impact the expected concentration of any chemical pursuant to subsection (D) of this section; or

b. If changes to any component of the permitted AWP project occur that will result in an exceedance of an action level; or

c. At a minimum, every five years as a component of a permit renewal application pursuant to R18-9-D822.

B. Non-Domestic Dischargers List. The AWPRA applicant shall list all non-domestic dischargers in the collection system that are a direct or indirect source to an AWPRA water reclamation facility.

C. Chemical Inventory List. The AWPRA applicant shall generate a list of chemicals that are used, stored, or discharged by all non-domestic dischargers in the list from subsection (B) above. The AWPRA applicant shall add chemicals used at the water reclamation facility and the AWTF to the chemical inventory list.

D. Tier 2 Analysis. The AWPRA applicant shall conduct the following analysis for each chemical identified in the Chemical Inventory List in subsection (C) above:

Calculate the projected daily load for each chemical in the inventory list generated in subsection (C) for each non-domestic discharger in the list generated in subsection (B) as follows: Mass loading of contaminant (lb/day) = Flow (MGD) x Maximum Concentration (mg/L) x 8.34 (for unit conversion);

2. Calculate the projected total daily load of each chemical in the inventory list generated in subsection (C) for all non-domestic dischargers in the list generated in subsection (B), cumulatively, as follows: Total Contaminant Load (lb/day) = [SUMMATION] Mass loading (lb/day) for all dischargers;

3. Calculate the projected daily concentration of each chemical in the chemical inventory list in the treated wastewater by comparing the collection system's projected total daily load from subsection (D)(2) for each chemical in the chemical inventory list against the total influent flow of treated wastewater at the headworks of the proposed AWTF using the following formula:

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For chemicals with one or more of the corresponding health advisory values in subsections (a)(i) through (v) below established in the "2018 Edition of the Drinking Water Standards and Health Advisories Tables":

a. Compare the projected daily concentration of each applicable chemical calculated in subsection (D)(3) with the lowest health advisory value, from the following available values:

i. One-day (mg/L)

ii. Ten-day (mg/L)

iii. DWEL (mg/L)

iv. Life-time (mg/L)

v. mg/L at 10-4 Cancer Risk.

b. If the projected daily concentration exceeds the health advisory value, the chemical shall be a Tier 2 chemical.

5. For chemicals that do not have an established health advisory pursuant to subsection (D)(4) above but do have a drinking water health advisory notification level or equivalent from a state drinking water program that was developed using a method that ADEQ approves and lists under subsection (a), below:

a. Compare the projected daily concentration of each applicable chemical calculated in subsection (D)(3) with the following corresponding state drinking water health advisory notification level or equivalent: Trimethylbenzene (1,2,4-) (CAS No. 95-63-6): 0.33 mg/L.

b. If the projected daily concentration exceeds the health advisory notification level, the chemical shall be a Tier 2 chemical.

6. For chemicals that do not have an established health advisory pursuant to subsection (D)(4) above, nor a notification level in another state's drinking water program pursuant to subsection (D)(5) above:

a. Compare the projected daily concentration of each applicable chemical calculated in subsection (D)(3) with the corresponding Departmental health advisory value listed below:

i. Benz[a]anthracene (CAS No. 56-55-3): 0.06 mg/L

ii. Benzo[b]fluoranthene (CAS No. 205-99-2): 0.06 mg/L

iii. Benzo[g,h,i]perylene (CAS No. 191-24-2): 0.00001 mg/L

iv. Benzo[k]fluoranthene (CAS No. 205-99-2): 0.005 mg/L

v. Chrysene (CAS No. 218-01-9): 6 mg/L

vi. Dimethyl phthalate (CAS No. 131-11-3): 0.001 mg/L

vii. Indeno[1,2,3,-c,d]pyrene (CAS No. 193-39-5): 0.06 mg/L

viii. Phenanthrene (CAS No. 85-01-8): 0.0002 mg/L.

b. If the projected daily concentration exceeds the Departmental health advisory value, the chemical shall be a Tier 2 chemical for ongoing monitoring purposes pursuant to R18-9-E829, but shall be exempt from all compliance requirements under R18-9-E829(D) and the Projected Chemical Treatment List in subsection (F) below.

7. For chemicals that do not have an established health advisory pursuant to subsection (D)(4) above, nor a notification level in another state's drinking water program pursuant to subsection (D)(5) above, nor a Departmental health advisory value pursuant to subsection (D)(6) above, but do have a Reference Dose (RfD) or Cancer Slope Factor (CSF) in credible peer-reviewed literature or state or Federal databases:

a. Consult with the Department and/or the Project Advisory Committee to determine a health advisory value.

b. Compare the projected daily concentration of each applicable chemical calculated in subsection (D)(3) with the corresponding health advisory determined in subsection (D)(7)(a) above.

c. If the projected daily concentration exceeds the health advisory determined in subsection (D)(7)(a), the chemical shall be a Tier 2 chemical.

8. For chemicals that do not have an established health advisory pursuant to subsection (D)(4) above, nor a notification level in another state's drinking water program pursuant to subsection (D)(5) above, nor a Departmental health advisory value pursuant to subsection (D)(6) above, nor a health advisory determined pursuant to subsection (D)(7) above:

a. An AWPRA applicant shall consult with the Department and/or the Project Advisory Committee to determine the health risk of the chemical through reasonably appropriate bioanalytical studies and/or bioassays.

b. If the health risk in subsection (D)(8)(a) above is determined to be significant, the chemical shall be a Tier 2 chemical.

c. If the bioanalytical studies and/or bioassays conducted in subsection (D)(8)(a) above are indeterminate, the chemical shall be removed through measures adopted by the AWPRA in its enhanced source control program pursuant to R18-9-E824.

9. Action and Alert Levels. An AWPRA applicant shall calculate and submit to the Department an action level and an alert level for each Tier 2 chemical.

a. The action level for the Tier 2 chemicals established under subsection (D)(4) shall be set at the same value as the lowest applicable health advisory value in the "2018 Edition of the Drinking Water Standards and Health Advisories Tables", below:

i. One-day (mg/L)

ii. Ten-day (mg/L)

iii. DWEL (mg/L)

iv. Life-time (mg/L)

v. mg/L at 10-4 Cancer Risk.

b. The action level for the Tier 2 chemicals established under subsection (D)(5) shall be set at the same value as the corresponding health advisory notification level in subsection (D)(5)(a).

c. The action level for the Tier 2 chemicals established under subsection (D)(7) shall be set at the same value as the corresponding health advisory determined in subsection (D)(7)(a).

d. The action level for the Tier 2 chemicals established under subsection (D)(8) shall be set at a value that is reasonably protective of human health, reasonably utilizing the results of the bioanalytical studies or bioassays.

e. The alert level shall be set reasonably below the action level.

E. Pass-Through or Interference Chemical List. The AWPRA applicant shall analyze the chemical inventory list in subsection (C) in order to identify chemicals that are known to or expected to pass-through or interfere with AWTF treatment processes. The AWPRA applicant shall generate a list to be used in subsection (F).

F. Projected Chemical Treatment List. Based on the Tier 1 MCLs, the Tier 2 chemicals identified in subsection (D)(4), (5), (7) and (8), and the pass-through or interference chemical list generated in subsection (E), the AWPRA applicant shall select an optimized pilot and full-scale AWTF treatment train and compile a list of chemicals that are projected to be treated by the selected treatment train.

1. During the pilot study, pursuant to R18-9-C815, the AWPRA applicant shall demonstrate chemical control of all chemicals on the Projected Chemical Treatment List through treatment at the pilot treatment train.

2. All chemicals that are not able to be controlled through treatment at the pilot or full-scale AWTF shall be controlled through measures adopted by the AWPRA in its enhanced source control program pursuant to R18-9-E824. The selected control measures shall be submitted to the Department along with the Enhanced Source Control Plan pursuant to R18-9-C816 and R18-9-C817.

G. An AWPRA shall maintain the lists of chemicals identified under subsections (C) and (E) and, if a new Tier 2 analysis conducted under subsection (D) results in a modification to any component of the AWP project, the AWPRA shall request an amendment to their AWP permit pursuant to R18-9-D821.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-E827 Tier 3 Chemical Control; Performance-Based Indicators

A. An AWPRA applicant shall identify Tier 3 chemicals for the purpose of monitoring the efficacy of reduction by a treatment component at the pilot and full-scale treatment trains or to provide an indication of a process's failure.

B. Tier 3 chemicals are composed of performance-based indicators which the AWPRA applicant shall select based on the requirements of this section.

1. The AWPRA applicant shall monitor each performance-based indicator and demonstrate chemical removal for all selected treatment components in the treatment train.

2. Performance based indicators may be grouped under a surrogate such that the AWPRA applicant may monitor removal of that surrogate in place of performance-based indicators if the following requirements are met:

a. All performance-based indicators in the group share similar properties such that removal of the surrogate is adequately representative of every performance-based indicator in that group, and

b. The AWPRA applicant demonstrates that the surrogate is directly correlated to the concentration of a performance-based indicator.

C. Performance based indicators. Each performance-based indicator shall be selected from pre-existing chemicals identified in the treated wastewater either through the Initial Source Water Characterization report pursuant to R18-9-C814(E) or shall otherwise be introduced by the AWPRA applicant.

1. Pre-Existing. Performance based indicators selected from pre-existing chemicals identified in the treated wastewater shall be selected in accordance with, but not limited to, the following criteria:

a. Concentration. To demonstrate adequate percentage of removal, a performance-based indicator shall have a median concentration at least five times greater than its method reporting limit, measured as the detection ratio.

b. Prevalence. To adequately reflect treatment efficacy, the performance-based indicator shall have a consistent detection frequency of greater than 80% in the treated wastewater.

c. Measurability. Measurements demonstrating concentration and prevalence pursuant to subsections (C)(1)(a) and (b) of this section shall be made in accordance with established and appropriate analytical methods that are sufficiently precise and sensitive.

d. Specificity. The performance-based indicator shall be removable by the targeted treatment process(es) it is intended to monitor and shall meet the prevalence and concentration criteria at the influent of the targeted treatment process pursuant to subsections (C)(1)(a) and (b) of this section.

e. Sensitivity. The performance-based indicator shall be sufficiently sensitive such that the targeted treatment process achieves at least 75% removal when functioning as designed.

f. Diversity. For all performance-based indicators selected from pre-existing chemicals, the AWPRA applicant shall demonstrate the following:

i. Each chemical treatment process is monitored by at least one performance-based indicator, and

ii. The treatment train as a whole is monitored by at least one performance-based indicator which is partially removed by each treatment process, but only removed to at least 75% if all treatment processes are functioning as intended.

2. Introduced. If no pre-existing chemicals are relevant as a performance-based indicator for a specific treatment process, the AWPRA applicant shall introduce a performance-based indicator for the purpose of testing the selected treatment process for requisite chemical removal in compliance with this section. For each introduced performance-based indicator an AWPRA applicant shall:

a. Reasonably demonstrate the selected treatment process performance, and

b. Include an established procedure for introduction into the treatment train.

D. Critical Control Points. For each performance-based indicator, the AWPRA applicant shall designate critical control points where monitoring will occur in the pilot treatment train to indicate individual process performance. The AWPRA applicant may propose critical control points at only the treatment train influent and effluent points if all performance-based indicators are demonstrated to be sufficiently recalcitrant to upstream and downstream processes.

E. An AWPRA applicant shall include an initial Tier 3 chemical list along with proposed critical control points as a component of the Pilot Study Plan prepared pursuant to R18-9-C815.

F. In addition to the requirements of this section, the Tier 3 chemical list compilation and monitoring shall be conducted using good engineering practices. Other methods for generating, designing, and conducting Tier 3 chemicals and monitoring shall be approved if the AWPRA applicant can demonstrate that the alternative methods are sufficiently detailed and robust for the purpose of monitoring the efficacy of reduction by a treatment process at the pilot or full-scale treatment train, or providing an indication of process failure.

1. ADEQ shall develop and make available guidance on Tier 3 chemical list compilation and monitoring.

2. A Tier 3 chemical list compiled and monitored in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-E828 Pathogen Control

A. The AWP project shall be designed and constructed to achieve pathogen reduction by following the prescribed methods to determine log reduction values for enteric viruses, Giardia lamblia cysts, and Cryptosporidium oocysts, also referred to collectively as reference pathogens, as outlined in either subsection (B) or (C) of this section.

B. Standard Log Reduction. An AWPRA applicant choosing the standard log reduction approach shall design the AWP project to achieve the following cumulative validated treatment values from raw wastewater to finished water:

1. 13 log reduction for enteric viruses,

2. 10 log reduction for Giardia lamblia cysts, and

3. 10 log reduction for Cryptosporidium oocysts.

C. Site-Specific Log Reduction. An AWPRA applicant choosing a site-specific log reduction approach shall design the AWP project based on cumulative validated treatment values determined through reference pathogen monitoring pursuant to R18-9-C814(C)(3)(c) and the following:

1. Site-specific pathogen monitoring for the reference pathogens shall be conducted over a period of at least 24 months and shall include, at a minimum:

a. One month of initial composite sampling consistent with the following requirements:

i. One sample taken daily, and

ii. The samples obtained in subsection (C)(1)(a)(i) shall be used, at the end of the first month, to identify the day of the week that yields the highest pathogen density.

b. At least 23 months of pathogen monitoring consistent with the following requirements:

i. One sample taken per month at the same day of the week throughout the sampling period as established in subsection (C)(1)(a), and

ii. The sample obtained in subsection (C)(1)(b)(i) shall be taken consistently during the same week each month.

2. Any missed sample collected under subsections (C)(1)(a) or (b) of this section shall result in an extension of the sampling period by another week or month as appropriate pursuant to R18-9-A802(C), and cannot be replaced with a sample from a different day, 3. Sampling shall occur at a location in the water reclamation facility treatment train before the first disinfection treatment process and before treated wastewater transference to the AWTF,

4. Sample results below method reporting limit shall be reported at the method reporting limit of the analytical instrument for characterization calculations and be flagged as such,

5. Non-detects from laboratory analysis must be demonstrated with a large sample volume analysis,

6. An AWPRA applicant shall have a cumulative validated treatment of not less than 8 log for enteric viruses, 6 log for Giardia lamblia cysts, and 5.5 log for Cryptosporidium oocysts even if non-detects are demonstrated by the sampling program,

7. The highest sample concentration for each reference pathogen shall be used to calculate the required log removal targets,

8. Norovirus shall be used as the representative enteric virus for baseline virus enumeration.

a. The AWPRA applicant shall utilize either qPCR or culture methods for analysis,

b. All corresponding recovery-corrected data shall be documented for review, and

c. The results shall be documented for review with accompanying quality assurance and quality control, and

9. Laboratory analysis of samples collected pursuant to this section shall follow EPA qPCR or Culture Methods 1623.1, "Cryptosporidium and Giardia in Water by Filtration/IMS/FA" and 1615 "Measurement of Enterovirus and Norovirus Occurrence in Water by Culture and RT-qPCR" for Giardia lamblia cysts, Cryptosporidium oocysts and Norovirus. In addition, laboratories using these methods are required to follow general requirements and recommendations for quality assurance and quality control procedures in Section 9020, "Quality Assurance/Quality Control" of the Standard Methods For The Examination of Water and Wastewater, 24th Edition.

D. Critical Control Points. For each reference pathogen, the AWPRA applicant shall designate critical control points where monitoring will occur in the pilot plant and the full-scale plant in order to assess individual process performance.

1. Critical control point designation shall be accompanied by a comprehensive plan for monitoring and reporting, including, but not limited to, the following elements:

a. Type of monitoring (i.e. online monitoring, continuous monitoring, grab samples, etc.),

b. Frequency of monitoring (i.e. 15-minute, hourly, daily, weekly, etc.),

c. Instantaneous flow rate and flow totalizing capability for the purpose of calculating residence times and responses,

d. Demonstrated operational parameters confirming the treatment barriers are intact such as to ensure the process is meeting the water quality parameters and pathogen removal goals, and

e. A list of the identified action levels and alert limits, accompanied by the corresponding responses for all critical control points, pursuant to R18-9-F836.

2. Critical control point monitoring shall occur at all validated treatment process locations.

3. The AWPRA applicant shall document the critical control point methods and the following elements as components of the Operations Plan prepared pursuant to R18-9-F836:

a. All delay times from the pathogen sampling time, instrument analysis time, operator response time, as well as anticipated time to respond to a failure, and

b. Automated shutdown procedures based on pathogen critical control point failure, along with a description of shutdown sequences, procedures, and timing.

E. In addition to the requirements of this section, the pathogen monitoring shall be designed and conducted using good engineering practices. Methods for designing and conducting pathogen monitoring shall be approved if the AWPRA applicant can demonstrate they are sufficiently detailed and robust for the purpose of characterizing pathogens in a treated wastewater source.

1. ADEQ shall develop and make available guidance on designing and conducting pathogen monitoring.

2. Pathogen monitoring designed and conducted in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

History

• New Section made by final rulemaking at 31 A.A.R. 1069, effective 3/4/2025.

Ariz. Admin. Code § R18-9-E829 Ongoing Monitoring Requirements

A. The AWPRA shall perform ongoing monitoring in compliance with the requirements of this section, and shall:

1. Assure compliance with both pathogen control log reduction targets and chemical control limits for Tier 1, Tier 2, and Tier 3 at the AWTF treated wastewater influent and the advanced treated water effluent,

2. Assure continued process performance at critical control points,

3. Perform sampling on the advanced treated water prior to delivery pursuant to this section, and

4. Perform additional sampling as necessary on the finished water prior to distribution pursuant to the requirements of the Safe Drinking Water Act.

B. Pathogen Control Monitoring. An AWPRA shall monitor in a manner proposed by the AWPRA and approved by the Director pursuant to R18-9-E828(D).

C. Tier 1 Chemical Control Monitoring.

1. The AWPRA shall monitor for all Tier 1 chemicals at a quarterly interval, except for Nitrite and Nitrate as Nitrogen and TOC, which shall be monitored pursuant to subsection (F) and R18-9-F834, respectively.

2. The AWPRA shall conduct Tier 1 monitoring at two locations relative to the AWTF:

a. The treated wastewater, and

b. The advanced treated water.

3. Violations of Tier 1 chemicals, except for TOC and Nitrogen, are the corresponding Safe Drinking Water Act-MCL values in the advanced treated water.

Nothing in this section exempts the AWPRA from applicable Safe Drinking Water Act monitoring requirements.

D. Tier 2 Chemical Control Monitoring.

1. The AWPRA shall monitor for all Tier 2 chemicals monthly.

2. The AWPRA shall conduct Tier 2 monitoring at two locations relative to the AWTF:

a. The treated wastewater, and

b. The advanced treated water.

3. Compliance monitoring for Tier 2 chemicals occurs at the advanced treated water.

4. If a monitoring result for a Tier 2 chemical indicates an exceedance of an action level, the AWPRA shall collect a confirmation sample within 24 hours of the exceedance.

5. A Tier 2 action level is violated when the average of the initial sample and the confirmation sample exceeds the action level. Upon a violation, an AWPRA shall notify the Department and conduct any required response procedures pursuant to reporting under R18-9-E830, the Operations Plan under R18-9-F836 and subsections (D)(6) - (D)(9) of this section.

6. Basic Response Procedure. Upon a violation as described in subsection (D)(5), and with the goal of reducing the concentration of the exceeded chemical to a level below the action level, the AWPRA shall:

a. Increase the monitoring frequency of the chemical to weekly, and

b. Initiate an investigation of the source of the chemical, the cause of the elevated result, and the efficacy of the treatment process(es).

7. An AWPRA shall conduct the corresponding advanced response procedure in subsection (D)(8) of this section if either of the following two results occur:

a. A Tier 2 chemical with a non-cancer toxicological endpoint has a violation value of 10 times the action level; or

b. A Tier 2 chemical considered to pose a cancer risk (corresponding to a lifetime cancer risk of 1x10-4) has a violation value of 100 times the action level.

8. Advanced Response Procedure.

a. Under subsection (D)(7)(a) of this section, an AWPRA shall:

i. Notify ADEQ within 24 hours of the notification of the result, and

ii. Report the detection in the applicable public water system's annual consumer confidence report.

b. Under subsection (D)(7)(b) of this section, an AWPRA shall:

i. Cease delivery of advanced treated water immediately,

ii. Notify ADEQ within 24 hours of the notification of the result,

iii. Provide public notification if advanced treated water with those exceedances was distributed (if diverted, public notice is not required),

iv. Report the result in the applicable public water system's annual consumer confidence report,

v. Upon returning the advanced treated water to distribution, utilize treatment or blending to meet the chemical's action level, and

vi. Propose corrective actions, such as rectifying changes to the treatment and operations of the AWTF, or installing new control measures for the treated wastewater source.

Reduced Monitoring Frequency Criteria. ADEQ may allow a decrease in the Tier 2 sampling frequency from monthly to quarterly, based on a review of the most recent two years of monthly analytical results showing that a chemical has not been detected.

a. The monitoring frequency may be decreased from quarterly to annually following ADEQ approval, based on a review of the most recent three years of quarterly analytical results showing the chemical has not been detected.

b. The monitoring frequency may be reverted to prior intervals at the Department's discretion.

E. Tier 3 Chemical Control Monitoring. The AWPRA shall monitor for all Tier 3 chemicals at the designated critical control points in the manner and timeframes proposed by AWPRA and approved by the Director pursuant to R18-9-E827 and R18-9-F836.

F. Ammonia and Nitrite and Nitrate as Nitrogen.

1. The AWPRA shall monitor for Ammonia and Nitrite and Nitrate as Nitrogen using continuous online analyzers.

2. The AWPRA shall conduct Ammonia, Nitrite and Nitrate monitoring at two locations relative to the AWTF:

a. The treated wastewater influent, and

b. The advanced treated water effluent.

3. The AWPRA shall demonstrate that all Ammonia has been removed at the advanced treated water effluent.

4. The AWPRA shall operate the facility in such a manner that:

a. Nitrite measured as nitrogen does not exceed 1 mg/L at the advanced treated water location daily on an absolute basis, and

b. Nitrate measured as nitrogen does not exceed 10 mg/L at the advanced treated water location daily on an absolute basis.

5. Any exceedance of 1 mg/L of nitrite and 10 mg/L of nitrate on an absolute basis, measured as Nitrogen daily, requires a public notification pursuant to A.A.C. R18-4-119.

G. Total Organic Carbon Monitoring. The AWPRA shall follow all TOC monitoring requirements established pursuant to R18-9-F834.

H. Water Reclamation Facility Operational Parameters.

1. The AWPRA applicant shall provide a list of water reclamation facility operational parameters and ranges that produced the AWTF treated wastewater influent water quality as components of:

a. The Pilot Study Plan pursuant to R18-9-C815, and

b. The AWP permit application pursuant to R18-9-C816.

2. At the water reclamation facility, the AWPRA shall monitor for the parameters identified in subsection (F) of this section and process control parameters.

3. Any significant change in the operational parameters or their ranges must be approved through a permit amendment pursuant to R18-9-D821. For the purposes of this subsection, "significant change" means any operational change that will result in a change to the treated wastewater.

I. In addition to the requirements of this section, ongoing monitoring shall be developed, proposed and conducted using best practices, proper sampling procedures, and reliable equipment. Similar monitoring program components shall be approved if the AWPRA can demonstrate that the method is sufficiently detailed and robust for the purpose of AWP ongoing monitoring pursuant to this Article.

1. ADEQ shall develop and make available guidance on AWP ongoing monitoring.

2. AWP ongoing monitoring conducted in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using best practices.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Ariz. Admin. Code § R18-9-E830 Reporting Requirements

A. An AWPRA shall conduct reporting pursuant to the applicable general reporting requirements throughout this Article and the specific reporting requirements in this section. The AWPRA shall submit reports to the Department, on a form prescribed by the Director and pursuant to relevant specifications in the permit, through an AWP online portal on the Department's website.

B. Pathogen Reporting.

1. An AWPRA shall report ongoing pathogen monitoring results monthly.

2. An ongoing pathogen monitoring report shall include, but is not limited to, the following:

a. A summary of the overall treatment train pathogen log reduction value performance,

b. A summary of the individual treatment process performance monitoring data,

c. The date, duration, and cause of each occurrence of log reduction value performance below the selected reference pathogen approach log reduction values in either R18-9-E828(B) or (C),

d. A summary of excursions of operational parameters outside the Department approved operating envelope,

e. Submission of calibration records for instruments that monitor pathogen critical control points quarterly,

f. Dates and descriptions of major equipment and process failures and corrective actions, along with data confirming that the corrective actions did not impact the approved product water quality,

g. A summary of any water quality complaints and reports of gastrointestinal illness received from customers,

h. A summary of activities of the wastewater source control program to control pathogens, and

i. Investigation or incident reports regarding cross-connection.

3. An AWPRA shall report other applicable pathogen monitoring requirements in the time and manner set forth in the AWP permit and R18-9-E828.

C. Tier 1 Reporting.

1. An AWPRA shall report ongoing Tier 1 chemical monitoring results quarterly.

2. An ongoing Tier 1 Chemical report shall include, but is not limited to, the following:

a. A summary of the overall treatment train chemical control performance,

b. A summary of chemicals detected as a result of monitoring conducted pursuant to R18-9-E829,

c. Investigation or incident reports regarding cross-connection,

d. A summary of activities of the wastewater source control program to control chemicals,

e. Dates and descriptions of any major equipment and process failures and corrective actions, along with data confirming that the corrective actions did not impact the approved product water quality, and

f. A summary of individual treatment process performance monitoring data.

3. An AWPRA shall report other applicable Tier 1 chemical monitoring requirements in the time and manner set forth in the AWP permit and R18-9-E829.

Nothing in this section exempts the AWPRA from applicable Safe Drinking Water Act reporting requirements.

D. Tier 2 Reporting.

1. An AWPRA shall report Tier 2 chemical monitoring results monthly.

2. An ongoing Tier 2 chemical report shall include, but is not limited to, the following:

a. A summary of overall treatment train chemical control performance,

b. A summary of chemicals detected as a result of monitoring conducted pursuant to R18-9-E829,

c. Investigation or incident reports regarding cross-connection,

d. A summary of enhanced source control activities,

e. Dates and descriptions of major equipment and process failures and corrective actions, along with data confirming that the corrective actions did not impact the approved product water quality, and

f. A summary of individual treatment process performance monitoring data.

3. An AWPRA shall report other applicable Tier 2 chemical monitoring requirements in the time and manner set forth in the AWP permit and R18-9-E826.

E. Tier 3 Reporting. An AWPRA shall report Tier 3 chemical monitoring results in the time and manner set forth in the AWP permit and R18-9-E827.

F. Ammonia and Nitrite and Nitrate as Nitrogen Reporting.

1. An AWPRA shall report Ammonia and Nitrite and Nitrate as Nitrogen chemical monitoring results quarterly.

2. An ongoing Ammonia and Nitrite and Nitrate as Nitrogen report shall include, but is not limited to, the following:

a. A summary of overall treatment train nitrogen species control performance,

b. A summary of nitrogen species detected as a result of monitoring conducted pursuant to R18-9-E829,

c. Investigation or incident reports regarding cross-connection,

d. Dates and descriptions of major equipment and process failures and corrective actions, along with data confirming that the corrective actions did not impact the approved product water quality, and

e. A summary of individual treatment process performance monitoring data.

G. TOC Reporting. An AWPRA shall report TOC monitoring results quarterly in accordance with the selected TOC management approach pursuant to R18-9-F834.

H. Water Reclamation Facility Operational Parameters Reporting. An AWPRA shall report the water reclamation facility operational parameter monitoring results monthly pursuant to R18-9-F832.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Ariz. Admin. Code § R18-9-E831 Annual Report

A. An AWPRA shall submit an annual report to the Department, postmarked no later than March 30th.

B. The report shall include the following information from the previous calendar year:

1. A summary of the compliance status of the AWP permit and/or demonstration permit including:

a. A list of violation(s),

b. Any off-spec water diversions, shutdowns, or corrective action(s) taken along with data confirming that the corrective actions did not impact the approved product water quality,

c. Required sampling and monitoring activities at critical control points, and

d. All other related AWP permit or regulation compliance items.

2. Any expected change(s) in quantity and quality of the treated wastewater,

3. A summary of any operational or technical challenges in meeting advanced treated water quality standards,

4. Any expected treatment changes and the impact on subsequent unit processes in the treatment train and the advanced treated water,

5. A verification of all required maintenance performed at each critical control point and any other process equipment, including evidence of instrumentation calibration,

6. Enhanced source control components, pursuant to R18-9-E824, including:

a. A summary of all sampling activities conducted at the AWPRA facilities,

b. A summary of any event resulting in upset, interference, or pass-through at any AWPRA facility,

c. A report documenting a review of established local limits along with any subsequent updates or changes by the AWPRA,

d. An update of the potentially impactful non-domestic discharger list and the impactful non-domestic discharger lists,

e. A description of any challenges under the enhanced source control program, and any proposed program changes,

f. A list of impactful non-domestic dischargers in non-compliance and any corrective actions taken, along with data confirming that the corrective actions did not impact the approved product water quality,

g. All outreach activities conducted,

h. All completed staff training related to enhanced source control, the National Pretreatment Program, or operation or maintenance of an AWPRA facility,

i. A list of any corrective or enforcement actions taken by the AWPRA against an AWPRA partner, and

j. A list of events identified through the early warning system and the actions taken to mitigate those events, and

7. The AWTF's TOC management annual approach. This includes, if applicable, the results of the annual site-specific TOC approach, including the lower value of the two site-specific procedures, and the reestablished alert and action levels pursuant to R18-9-F834, and

8. Any other information necessary to assist the Department in assessing challenges to program implementation.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Article 6 UNDERGROUND INJECTION CONTROL

Part F CLASS II INJECTION WELL REQUIREMENTS

Ariz. Admin. Code § R18-9-F643 Class II; Construction Requirements

A. All new Class II wells shall be sited in such a fashion that they inject into a formation which is separated from any USDW by a confining zone that is free of known open faults or fractures within the area of review.

B. All Class II injection wells:

1. Shall be cased and cemented to prevent movement of fluids into or between USDWs. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

a. Depth to the injection zone;

b. Depth to the bottom of all USDWs; and

c. Estimated maximum and average injection pressures.

2. In addition the Director may consider information on:

a. Nature of formation fluids;

b. Lithology of injection and confining zones;

c. External pressure, internal pressure, and axial loading;

d. Hole size;

e. Size and grade of all casing strings; and

f. Class of cement.

C. The requirements in subsection (B) of this Section need not apply to existing or newly converted Class II wells located in existing fields if:

1. Regulatory controls for casing and cementing existed for those wells at the time of drilling and those wells are in compliance with those controls; and

2. Well injection will not result in the movement of fluids into an USDW so as to create a significant risk to the health of persons.

D. The requirements in subsection (B) of this Section need not apply to newly drilled wells in existing fields if:

1. They meet the requirements of the State for casing and cementing applicable to that field at the time of submission of the State program to the Administrator; and

2. Well injection will not result in the movement of fluids into an USDW so as to create a significant risk to the health of persons.

E. Appropriate logs and other tests shall be conducted during the drilling and construction of new Class II wells. A descriptive report interpreting the results of that portion of those logs and tests which specifically relate to (1) an USDW and the confining zone adjacent to it, and (2) the injection and adjacent formations shall be prepared by a knowledgeable log analyst and submitted to the Director. At a minimum, these logs and tests shall include:

1. Deviation checks on all holes constructed by first drilling a pilot hole and then enlarging the pilot hole, by reaming or another method. Such checks shall be at sufficiently frequent intervals to assure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling.

2. Such other logs and tests as may be needed after taking into account the availability of similar data in the area of the drilling site, the construction plan, and the need for additional information that may arise from time to time as the construction of the well progresses. In determining which logs and tests shall be required the following shall be considered by the Director in setting logging and testing requirements:

a. For surface casing intended to protect USDWs in areas where the lithology has not been determined:

i. Electric and caliper logs before casing is installed; and

ii. A cement bond, temperature, or density log after the casing is set and cemented.

b. For intermediate and long strings of casing intended to facilitate injection:

i. Electric, porosity and gamma ray logs before the casing is installed;

ii. Fracture finder logs; and

iii. A cement bond, temperature, or density log after the casing is set and cemented.

F. At a minimum, the following information concerning the injection formation shall be determined or calculated for new Class II wells or projects:

1. Fluid pressure;

2. Estimated fracture pressure; and

3. Physical and chemical characteristics of the injection zone.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-F644 Class II; Operating, Monitoring, and Reporting Requirements

A. Operating requirements shall, at a minimum, specify that:

1. Injection pressure at the wellhead shall not exceed a maximum which shall be calculated so as to assure that the pressure during injection does not initiate new fractures or propagate existing fractures in the confining zone adjacent to the USDWs. In no case shall injection pressure cause the movement of injection or formation fluids into an USDW.

2. Injection between the outermost casing protecting USDWs and the well bore shall be prohibited.

B. Monitoring requirements shall, at a minimum, include:

1. Monitoring of the nature of injected fluids at time intervals sufficiently frequent to yield data representative of their characteristics;

Observation of injection pressure, flow rate, and cumulative volume at least with the following frequencies:

a. Weekly for produced fluid disposal operations;

b. Monthly for enhanced recovery operations;

c. Daily during the injection of liquid hydrocarbons and injection for withdrawal of stored hydrocarbons; and

d. Daily during the injection phase of cyclic steam operations; and

e. Record one observation of injection pressure, flow rate and cumulative volume at reasonable intervals no greater than 30 days;

3. A demonstration of mechanical integrity pursuant to R18-9-B613 at least once every five years during the life of the injection well;

4. Maintenance of the results of all monitoring until the next permit review; and

5. Hydrocarbon storage and enhanced recovery may be monitored on a field or project basis rather than on an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.

C. Reporting requirements.

1. Reporting requirements shall at a minimum include an annual report to the Director summarizing the results of monitoring required under subsection (B) of this Section. Such summary shall include monthly records of injected fluids, and any major changes in characteristics or sources of injected fluid. Previously submitted information may be included by reference.

2. Owners or operators of hydrocarbon storage and enhanced recovery projects may report on a field or project basis rather than an individual well basis where manifold monitoring is used.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-F645 Class II; Information to be Considered by the Director

A. This Section sets forth the information which must be considered by the Director in authorizing Class II wells. Certain maps, cross sections, tabulations of wells within the area of review, and other data may be included in the application by reference provided they are current, readily available to the Director and sufficiently identified to be retrieved.

B. Prior to the issuance of a permit for an existing Class II well to operate or the construction or conversion of a new Class II well the Director shall consider the following:

1. Information required in R18-9-C616.

2. A map showing the injection well or project area for which a permit is sought and the applicable area of review. Within the area of review, the map must show the number or name and location of all existing producing wells, injection wells, abandoned wells, dry holes, and water wells. The map may also show surface bodies of waters, mines (surface and subsurface), quarries and other pertinent surface features including residences and roads, and faults if known or suspected. Only information of public record and pertinent information known to the applicant is required to be included on this map. This requirement does not apply to existing Class II wells.

3. A tabulation of data reasonably available from public records or otherwise known to the applicant on all wells within the area of review included on the map required under subsection (B)(2) which penetrate the proposed injection zone or, in the case of Class II wells operating over the fracture pressure of the injection formation, all known wells within the area of review which penetrate formations affected by the increase in pressure. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the Director may require. In cases where the information would be repetitive and the wells are of similar age, type, and construction the Director may elect to only require data on a representative number of wells. This requirement does not apply to existing Class II wells.

4. Proposed operating data:

a. Average and maximum daily rate and volume of fluids to be injected;

b. Average and maximum injection pressure; and

c. Source and an appropriate analysis of the chemical and physical characteristics of the injection fluid.

5. Appropriate geological data on the injection zone and confining zone including lithologic description, geological name, thickness and depth.

6. Geologic name and depth to bottom of all USDWs which may be affected by the injection.

7. Schematic or other appropriate drawings of the surface and subsurface construction details of the well.

8. In the case of new injection wells the corrective action proposed to be taken by the applicant under R18-9-D639.

9. A certificate that the applicant has assured through a performance bond or other appropriate means, the resources necessary to close, plug or abandon the well as required by R18-9-D636(A)(6).

C. In addition the Director may consider the following:

1. Proposed formation testing program to obtain the information required by R18-9-F643(F);

2. Proposed stimulation program;

3. Proposed injection procedure;

4. Proposed contingency plans, if any, to cope with well failures so as to prevent migration of contaminating fluids into an USDW;

5. Plans for meeting the monitoring requirements of R18-9-F644(B).

D. Prior to granting approval for the operation of a Class II well the Director shall consider the following information:

1. All available logging and testing program data on the well;

2. A demonstration of mechanical integrity pursuant to R18-9-B613;

3. The anticipated maximum pressure and flow rate at which the permittee will operate;

4. The results of the formation testing program;

5. The actual injection procedure; and

6. For new wells the status of corrective action on defective wells in the area of review.

E. Prior to granting approval for the plugging and abandonment of a Class II well the Director shall consider the following information:

1. The type, and number of plugs to be used;

2. The placement of each plug including the elevation of top and bottom;

3. The type, grade, and quantity of cement to be used;

4. The method of placement of the plugs; and

5. The procedure to be used to meet the requirements of R18-9-B614(A).

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022. Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Article 8 ADVANCED WATER PURIFICATION

Part F TECHNICAL AND OPERATIONAL REQUIREMENTS

Ariz. Admin. Code § R18-9-F832 Minimum Design Requirements

A. An AWPRA shall meet the minimum design criteria in this section in designing and constructing a pilot treatment train and a fullscale treatment train under an AWP project.

B. Pathogen Control.

1. Under an AWP project, treated wastewater shall receive continuous pathogen treatment prior to delivery or distribution.

2. Pathogen log reduction credits will only be assigned for treatment barriers.

3. A treatment train shall contain at least one validated filtration treatment process and one validated disinfection treatment process targeting each of the three reference pathogens.

4. Each treatment process shall be credited with a minimum validated pathogen log reduction of 0.5 log reduction value.

5. Each treatment process shall not be credited with more than 6 validated pathogen log reduction credits.

6. Each treatment process may receive pathogen log reduction credits for one or more pathogens.

7. The treatment train, cumulatively, shall meet or exceed either the standard or site-specific log reduction targets for each reference pathogen pursuant to R18-9-E828.

8. An AWPRA shall maintain a pathogen monitoring strategy, which includes approved performance monitoring for surrogates, in order to receive log reduction values for a treatment process.

9. Each treatment process used to meet the requirements in this section shall have the pathogen log reduction values validated for each reference pathogen.

a. An AWPRA may use a validation study or a previously-approved validation study report, in accordance with the protocol elements in subsection (B)(10) of this section.

b. A validation study protocol shall be prepared by a licensed Arizona engineer with experience in drinking water or wastewater treatment, specifically in evaluating pathogen control in public water supplies.

10. The validation study protocol shall:

a. Identify the treatment mechanism(s) of pathogen reduction by each treatment process,

b. Identify the pathogen(s) being addressed by the treatment process, or appropriate surrogate(s) for the pathogen(s), that are used in the validation study, which shall be the one(s) most resistant to the treatment mechanism(s),

c. Ensure that the pathogen(s) or surrogate(s) for the pathogen(s) are present in the test water in concentrations sufficient to demonstrate a pathogen log reduction,

d. Identify the factors that influence the pathogen reduction efficiency for the treatment mechanism(s) and includes at least:

i. Feed water characteristics such as temperature and pH,

ii. Hydraulic loading,

iii. Deterioration of components, and

iv. Integrity failure, and

e. Identify the surrogate and/or operational parameters that can be measured continuously and that will correlate with the reduction of the pathogen(s) or surrogate(s) for the pathogen(s),

f. Identify the validation methodology to demonstrate the pathogen log removal capability of the treatment process, which shall involve a challenge test to quantify the reduction of the target pathogen or appropriate surrogate while concurrently monitoring the operational parameters to determine an operating envelope,

g. Describe the method to collect and analyze data to formulate evidence-based conclusions,

h. Describe the method to determine the alert and action levels and the operational monitoring and control strategy,

i. Describe the method to be used to calculate the log reduction value for the treatment process for each pathogen such that the validated log reduction value shall not exceed that achieved by 95 percent of the challenge test results when the treatment process is operating in compliance with the alert and action levels, and

j. Identify the circumstances that would require a re-validation or additional on-site validation.

11. The treatment train shall be continuously operated to achieve the log reduction value targets using validated treatment log reduction values and must conform to the Operations Plan pursuant to R18-9-F836.

12. The treatment train shall include UV disinfection with a dose of at least 300 mJ per cm2.

13. The SCADA system shall identify process failure to meet the alert and action levels and shall automatically discontinue the delivery of water to any distribution system if the treatment train does not meet the minimum design log reduction value target.

14. Treatment processes that are credited with pathogen log reductions must be continuously tracked with a SCADA system utilizing online monitoring for surrogates and/or operational parameters.

15. The treatment train shall be operated continuously in accordance with the Operations Plan pursuant to R18-9-F836 to achieve either the standard or site-specific pathogen reduction approaches pursuant to R18-9-E828.

16. Blending is not eligible to receive pathogen log reduction credit, nor validated treatment log reduction values.

C. Chemical Control.

1. Under an AWP project, treated wastewater shall receive continuous chemical treatment prior to delivery or distribution.

2. All treatment trains shall have at least three diverse and separate treatment processes, including, but not limited to:

a. An AOP that meets the requirements set forth in subsection (D)(4) of this section, and

b. A physical separation process.

3. Ozone/BAC processes shall be designed to provide no less than 1.0 log reduction of each of the following indicators: formaldehyde, acetone, carbamazepine, and sulfamethoxazole.

a. The ozonation process shall be designed to provide a ratio of the applied ozone dose to the design feed water TOC concentration greater than 1.0. Alternative design ratios may be used if reduction of 1.0 log for the indicators carbamazepine, and sulfamethoxazole is demonstrated during the pilot as part of the design of the ozonation process.

b. BAC shall be designed with an empty bed contact time of at least 15 minutes. Alternative times may be used if reduction of 1.0 log for the indicators formaldehyde and acetone is demonstrated during pilot scale as part of the design of the ozonation process.

c. Both Ozone and the BAC processes must be individually validated at full-scale with the same level of removal for the four indicators listed in this subsection.

d. At full-scale, the ozone/BAC process shall continually be monitored and recorded using surrogate and/or operational parameters with alert and action levels as approved under the Operations Plan, pursuant to R18-9-F836.

4. Each reverse osmosis membrane selected shall meet the criteria set forth in ASTM International, Designation D4194-23, "Standard Test Methods for Operating Characteristics of Reverse Osmosis and Nanofiltration Devices",

a. For a reverse osmosis treatment process, an AWPRA shall propose the following elements in a plan submitted to the Department for approval in the permit application pursuant to R18-9-C816(A)(2)(d):

i. Ongoing performance monitoring using at least one surrogate and/or operational parameter that is capable of being monitored and recorded continuously, and

ii. Alarms indicating when the integrity of the reverse osmosis membrane has been compromised.

b. The proposal shall identify:

i. The chemical control point,

ii. The surrogate(s) and/or operational parameter(s), and

iii. The alert and action levels for the surrogate(s) and/or operational parameter(s) that indicate when the integrity has been compromised.

5. During full-scale operation of a reverse osmosis treatment process, the AWPRA shall:

a. Continuously monitor and record the surrogate and/or operational parameter(s) that indicate when the integrity of the process has been compromised, and

b. Record when the alert and action levels established are exceeded pursuant to R18-9-F836.

D. Other Requirements.

1. TOC Removal. An AWPRA shall select, achieve, and maintain an up-to-date TOC limit in the advanced treated water, along with the associated alert and action levels, pursuant to R18-9-F834(B) or (C).

2. Corrosion Control. An AWPRA shall establish corrosion control provisions in the design and operation of the AWTF in accordance with, but not limited to, the following requirements:

a. Within six months of the introduction of advanced treated water as a new water source, or following any treatment changes at the AWTF affecting advanced treated water quality, an AWPRA shall control lead and copper pursuant to the requirements of A.A.C. R18-4-111,

b. An AWPRA shall evaluate any anticipated corrosivity effects through corrosivity tests or evaluations which shall include, but are not limited to:

i. Developing an understanding of factors affecting internal corrosion,

ii. Determining the extent and magnitude of corrosion,

iii. Assessing corrosion control alternatives,

iv. Selecting a corrosion control strategy,

v. Implementing a corrosion control program,

vi. Monitoring the effectiveness of the corrosion control program, and

vii. Optimizing the control program, if necessary, and

c. The Department may require an AWPRA to conduct additional corrosivity-related water quality monitoring,

d. In addition to the requirements of this section, corrosion control shall be conducted using good engineering practices. Methods for corrosion control shall be approved if the AWPRA can demonstrate that the measures meet or exceed the criteria in this subsection.

i. ADEQ shall develop and make available guidance on conducting corrosion control.

ii. Corrosion control conducted in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

Nitrogen Management. An AWPRA shall choose one of the following three denitrification approaches:

a. Water Reclamation Facility Approach. An AWPRA applicant reliably denitrifying at the water reclamation facility(s) shall include at least two critical control points to monitor ammonia, nitrate and nitrite:

i. A critical control point at a designated, off-spec diversion point which is monitored using continuous online analyzers, and

ii. A critical control point for monitoring the advanced treated water in order to verify compliance with the Nitrite and Nitrate as Nitrogen Tier 1 MCL pursuant to R18-9-E829.

b. AWTF Approach. An AWPRA applicant removing nitrogen species at the AWTF shall demonstrate nitrogen removal to the Nitrite and Nitrate as Nitrogen Tier 1 MCL pursuant to R18-9-E829 through an AWTF treatment process configuration, and shall include multiple critical control points:

i. A critical control point for monitoring ammonia, nitrite, and nitrate at the treated wastewater influent in order to assess the ongoing treatability within the treatment train,

ii. A critical control point located at each treatment barrier in the design responsible for the removal of ammonia (if applicable), nitrite, and nitrate, and

iii. A critical control point for monitoring the advanced treated water in order to verify compliance with the Nitrite and Nitrate as Nitrogen Tier 1 MCL pursuant to R18-9-E829.

c. Alternative Approach. An AWPRA applicant shall demonstrate a design approach that effectively and reliably removes nitrogen species for the purposes of treatment train viability and water quality compliance with applicable MCLs.

4. AOP Treatment Process. An AWPRA applicant shall include an AOP treatment process in their pilot and full-scale treatment trains. Demonstration of AOP performance shall be achieved through one of the following two methods:

a. 1,4-Dioxane Indicator. AOP shall be validated to demonstrate that AOP can reliably achieve no less than 0.5 log reduction of the 1,4-dioxane indicator. If 1,4-dioxane is used as the AOP performance benchmark, it shall be monitored as a Tier 3 performance based indicator with an associated action level pursuant to R18-9-E827; or

b. Alternative Compound Indicator. An AWPRA applicant may propose an alternative compound to 1,4-dioxane for AOP performance if the following criteria are met:

i. Alternative indicators shall demonstrate resistance to elimination through other treatment methods, including biological degradation, adsorption processes, Reverse Osmosis/Nanofiltration, and conventional oxidation techniques such as hypochlorite, chloramines, permanganate, or chlorine dioxide (e.g., 1,4-Dioxane),

ii. Each pilot study should involve spiking and measuring indicator compound removal. Spiking 1,4-Dioxane (i.e., reference compound) and calculating removal percentages to compare with other widely accepted compounds,

iii. In pilot testing, the final concentration of any indicator compound (post-AOP treatment) should exceed the minimum reporting limit,

iv. Operating conditions and critical monitoring parameter ranges from pilot testing shall be reported for Departmental verification and setting of monitoring parameter ranges,

v. An AWPRA applicant must identify AWTF-specific AOP challenges, such as the scavenging of hydroxyl radicals by carbonates, bicarbonates, nitrites, nitrate, bromides, Natural Organic Matter (NOM), pH and UV light absorption,

vi. If comprehensive pilot testing is not conducted (e.g., shorter timelines or limited scope), an AOP treatment process shall be demonstrated to achieve at least 0.5 log removal of 1,4-dioxane,

vii. Any process sequence proposed must be validated with a rigorous study, and

viii. Correlation with other trace organics that were considered in the study, "Considerations for Direct Potable Reuse Downstream of the Groundwater Recharge Advanced Water Treatment Facility", along with a demonstration of an equivalent removal value for each of the trace organics.

AOP Validation Study Report. An AWPRA shall compile an AOP Validation Study Report which identifies:

a. The critical control points and/or surrogate(s) and/or operational parameter(s), and

b. Alert and action levels for the surrogate(s) and/or operational parameter(s) that indicate whether the minimum 0.5 log 1,4-dioxane reduction design criterion is being met.

6. At least one surrogate and/or operational parameter shall be capable of being monitored and recorded continuously and have associated alarms that indicate when the AOP is not operating as designed.

7. Failure Response Time. An AWPRA applicant must provide detailed design calculations identifying failure response time and specific means used to address failure response time.

a. Factors include, but are not limited to:

i. Level and redundancy of online instrumentation,

ii. Sophistication and speed of automated alarm responses, and

iii. Availability of operators and their response time.

b. Mitigation measures include, but are not limited to, engineered storage buffers which, when used, must be sized adequately to hold off-spec water for a time period no shorter than the failure response time.

c. If an AWPRA applicant proposes a treatment train configuration that is not followed by an engineered storage buffer, the following is required:

i. Appropriate process control for water quality assurance,

ii. Managerial control for demand is present,

iii. An operational barrier for pathogen control and chemical peaks attenuation.

d. If an engineered storage buffer is proposed, an AWPRA applicant shall justify the volume selected and account for short circuiting.

A treatment process configuration shall be designed to meet the Tier 1 limits utilizing, as a source, either:

a. The Tier 1 chemicals and concentrations pursuant to R18-9-C814(C)(2); or

b. The treated wastewater.

9. Cross-Connection. An AWPRA applicant shall develop, and the AWPRA permittee shall implement, cross-connection control measures which include, but are not limited to:

a. Cross-connection evaluations during design, construction, and operation of the AWTF,

b. Cross-connection control surveys, initially within one year of commencing full-scale operation, and ongoing annually thereafter,

c. Reporting of any cross-connection incidents identified during the cross-connection control surveys to the Department in the manner prescribed by the AWP permit, along with a detailed summary of the nature and cause of the problem, the resulting corrective actions taken, and data confirming that those corrective actions will not impact advanced treated water, and

d. A plan describing how the SCADA system communicates and interoperates with the SCADA systems of all AWPRA facilities in the AWP project.

Method Detection Limit. When there is no reliable analytical method that is technically feasible to measure a contaminant at an established health advisory concentration pursuant to R18-9-E826(D), the health advisory value shall be set at the lowest Method Detection Limit of the corresponding and most sensitive EPA-approved method.

E. An AWPRA shall meet the following minimum design criteria in designing and operating a full-scale water reclamation facility that delivers treated wastewater to an AWTF:

1. An AWPRA water reclamation facility shall have secondary treatment that utilizes oxidation processes that remove biodegradable organic matter and suspended solids,

2. An AWPRA water reclamation facility shall meet discharge limit requirements for:

a. Biological Oxygen Demand (BOD),

b. Total Suspended Solids (TSS), and

c. pH pursuant to subsection (B)(1) of R18-9-B204, and

3. An AWPRA water reclamation facility shall meet a minimum solids retention time (SRT) of 15 days. A reduction in SRT may be requested and approved by the Department if wastewater characterization demonstrates that over all seasons (represented by 12 monthly values) the proposed SRT is consistent with nitrogen reduction and COCs.

4. An AWPRA water reclamation facility shall meet the requirements for Total Nitrogen (TN) in the APP program. The TN requirements in R18-9-B204 shall be followed in order to discharge any treated wastewater or treated off-spec wastewater which cannot be supplied to the AWTF,

5. An AWPRA water reclamation facility shall be operated to produce treated wastewater of consistent quality in accordance with approved engineering design reports and the water reclamation facility operations plan. The AWPRA shall provide to the water reclamation facility a list of operational parameters, such pH, SRT, Hydraulic retention time (HRT), Dissolved Oxygen (DO), BOD, cBOD and others for the water reclamation facility.

F. In addition to the requirements of this section, treatment process configurations shall be designed using good engineering practices. Treatment process configurations shall be approved if the AWPRA applicant can demonstrate that the treatment process configuration meets or exceeds the minimum design criteria in this section.

1. ADEQ shall develop and make available guidance on designing treatment process configurations.

2. Treatment process configurations designed in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Ariz. Admin. Code § R18-9-F833 Technical, Managerial, and Financial Demonstration

A. An AWPRA applicant shall submit the following to the Department as a demonstration of technical, managerial, and financial capacity:

1. Technical Capacity. An AWPRA applicant's technical demonstration shall include, but is not limited to:

a. A demonstration of the availability of an existing water source or contingency plans for an alternative source in the event of AWTF failure,

b. Comprehensive technical and engineering specifications for the AWTF, including, but not limited to, the following:

i. Design and treatment capacity,

ii. Demonstration of sufficient AWP source water quantity and quality,

iii. Demonstration of technical capability to implement an enhanced source control program,

iv. Information on storage and distribution processes,

v. A cross-connection control plan,

vi. A corrosion control plan, and

vii. Manufacturer specifications showing the life span of AWTF components, and

c. An ongoing monitoring plan, including, but not limited to, the following:

i. Online compliance monitoring for critical control points, and

ii. Performance monitoring and compliance monitoring for advanced treated water, and

d. A demonstration of the ability to respond to emergency situations including water quality excursions,

e. Documentation that the AWTF will be operated by a certified AWP operator pursuant to R18-9-B804, and

f. An operations plan, pursuant to R18-9-F836, including, but not limited to:

i. Maintenance requirements per the manufacturer's specification, and

ii. Repair and replacement protocols.

Managerial Capacity. An AWPRA applicant's managerial demonstration shall include, but is not limited to:

a. Documentation of ownership, management, and organization information, including, but not limited to:

i. An organizational chart, and

ii. Job descriptions and responsibilities, and

b. Information or copies of contractual agreements between AWPRA partners or any other entity associated with an AWP Project, including but not limited to:

i. Sewer collection systems,

ii. Water Reclamation Facilities,

iii. Source water conveyance systems,

iv. Advanced Water Treatment Facilities,

v. Water distribution systems,

vi. Blending Facilities,

vii. Sale prices of source water,

viii. Quality of source water,

ix. Duration of agreement, and

x. Compliance and reporting responsibilities, and

c. Documentation of groundwater or surface water discharge permits or recycled water permits addressing potential discharges from an AWTF in contingency situations, including, but not limited to, off-spec water disposal,

d. Operational information, including, but not limited to:

i. Certified operator credentials,

ii. The number of available operators,

iii. A training plan for staff,

iv. Technical competency,

v. Technical knowledge and implementation, and

vi. An Operations Plan, pursuant to R18-9-F836, and

e. An outline of tools and procedures employed in the management of the facility, including, but not limited to:

i. An asset management and maintenance plan, and

ii. A computerized maintenance management system.

Financial Capacity. An AWPRA applicant's financial demonstration shall include, but is not limited to:

a. Projecting the capital cost of the project,

b. Identifying ongoing cost, including, but not limited to:

i. Operation and maintenance costs,

ii. Capital replacement costs,

iii. Energy costs,

iv. Personnel costs, and

v. 20-year lifecycle cost of equipment, and

c. A five-year financial projection, including, but not limited to, planning and management of continuous funding sources to cover the costs of the AWP project,

d. Performing financial audits and bond rating, and

e. Performing rate studies or assessment of impact fees.

B. In addition to the requirements of this section, technical, managerial, and financial capacity shall be demonstrated using best practices. Similar technical, managerial, and financial demonstration approaches shall be approved if the Department determines that the alternate technical, managerial, and financial demonstration meets or exceeds the technical, managerial, and financial criteria listed above.

1. ADEQ shall develop and make available guidance on developing a technical, managerial, and financial demonstration.

2. A technical, managerial, and financial demonstration developed in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using best practices.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Ariz. Admin. Code § R18-9-F834 Total Organic Carbon Management

A. An AWPRA shall select, achieve, and maintain an up-to-date TOC limit in the advanced treated water using one of the two approaches described in subsections (B) and (C) below.

1. Upon AWTF operation, an AWPRA may switch between the two approaches each calendar year.

2. The TOC management annual approach shall be reported as part of the annual report pursuant to R18-9-E831.

B. Standard Approach or Limit.

1. An AWTF shall not exceed 2 mg/L of TOC in the advanced treated water.

2. The AWPRA shall monitor TOC using continuous online analyzers in the advanced treated water.

C. Site-Specific Approach or Limit. An AWPRA shall perform the two procedures described in subsections (C)(1) and (2) below. The site-specific TOC limit shall be the lower of the two preliminary TOC values obtained from these procedures.

1. Trace Organics Removal Procedure. The AWPRA shall submit a plan to characterize the TOC of all original drinking water sources that feed the collection system(s) that are used by the AWTF as a treated wastewater source. This plan shall be submitted for approval by the Department as part of the Pilot Study Plan pursuant to R18-9-C815(B)(3) and (D) and again in the permit application as part of the R18-9-C816(A)(2)(d) submittals.

a. Original Drinking Water TOC Characterization requires, but is not limited to, the following:

i. Use of Departmentally approved TOC sampling locations,

ii. Sampling for a minimum of one year,

iii. Sampling at weekly intervals,

iv. Calculation of the TOC at the 50th percentile (median), 75th percentile, and 95th percentile,

v. Establishment of a TOC alert level at the 75th percentile, and

vi. Establishment of the TOC action level at 1.5 * 95th percentile.

b. Upon the characterization of TOC in the original drinking water and approval from the Department, an AWPRA shall monitor for TOC in the advanced treated water using continuous online analyzers.

c. For the purposes of this subsection, the preliminary TOC value in mg/L for the Trace Organics Removal Procedure is the action level established in subsection (C)(1)(a)(vi) above.

2. Disinfection Byproducts Precursor Reduction Procedure.

a. Method 5710 C: "Simulated Distribution System Trihalomethanes (SDS - THM)"

i. The AWPRA shall apply 5710 C Method "Simulated Distribution System Trihalomethanes (SDS - THM)" to the advanced treated water in order to determine the total trihalomethane (THM) concentration.

ii. Testing and sampling shall be conducted monthly for one year.

iii. The AWPRA shall simultaneously sample for TOC in mg/L in the advanced treated water monthly for one year.

iv. If the average THM concentration is below the corresponding MCL for THM pursuant to R18-9-E825, the average TOC value from subsection (C)(2)(a)(iii) is the Method 5710C TOC value for the purposes of comparison in subsection (C)(2)(d) below.

v. If the average THM concentration is at or above the corresponding THM MCL pursuant to R18-9-E825, the AWPRA may not use the average TOC value from subsection (C)(2)(a)(iii) as the Method 5710C TOC value. The AWPRA may adjust components of their operation and repeat the steps in subsection (C)(2)(a) until an average THM concentration in the advanced treated water is below the corresponding THM MCL pursuant to R18-9-E825.

b. The AWPRA shall submit the following information on the conditions at the time Method 5710 C from subsection (C)(2)(a) above was conducted to the Department as part of the Pilot Study Report pursuant to R18-9-C815(D) and again in the permit application as part of the R18-9-C816(A)(2)(d) submittals:

i. Temperature,

ii. pH,

iii. Disinfectant dose,

iv. Residual and reaction time within the distribution system, and

v. Other standard conditions as described in Section 5710 B "Trihalomethane Formation Potential (THMFP)".

c. CCL5 - Disinfectant Byproducts Sampling Method.

i. The AWPRA shall sample for the following disinfection byproducts in the advanced treated water, Formaldehyde (CAS No. 50-00-0) and N-Nitrosodimethylamine (NDMA) (CAS No. 65-75-9), which are the only disinfection byproducts that exist in both EPA's "Contaminant Candidate List 5 - Exhibit 1b - Unregulated DBPs in the DBP Group on CCL 5" and EPA's "2018 Edition of the Drinking Water Standards and Health Advisories Tables".

ii. Sampling shall be conducted monthly for one year.

iii. The AWPRA shall simultaneously sample for TOC in mg/L in the advanced treated water monthly for one year.

iv. If the average sampling result for any one DBP is below the corresponding health advisory in EPA's "2018 Edition of the Drinking Water Standards and Health Advisories Tables", the average TOC value from subsection (C)(2)(c)(iii) is the CCL5 DBP TOC value for the purposes of comparison in subsection (C)(2)(d) below.

v. If the average sampling result for any one DBP is at or above the corresponding health advisory in EPA's "2018 Edition of the Drinking Water Standards and Health Advisories Tables", the AWPRA may not use the average TOC value from subsection (C)(2)(c)(iii) as the CCL5 DBP TOC value. The AWPRA may adjust components of their operation and repeat the steps in subsection (C)(2)(c) until the average sampling results from any one DBP is below the corresponding health advisory in EPA's "2018 Edition of the Drinking Water Standards and Health Advisories Tables".

d. The lower of the two resultant TOC values in mg/L derived from the methods described in subsections (C)(2)(a) and (C)(2)(c) above is the preliminary TOC value for the Disinfection Byproducts Precursor Reduction Procedure.

3. AWPRA's Site-Specific TOC Approach or Limit. The lower of the two preliminary TOC values in mg/L derived from the two procedures in (C)(1) and (2) above is the AWPRA's site-specific TOC limit.

4. Once a site-specific TOC approach or limit is ascertained, an AWPRA shall establish a TOC action level and alert level based on that approach or limit, using the lower of the two values derived from subsections (C)(1) and (2). Upon the exceedance of a TOC action level, the AWPRA shall conduct one of the following two actions within 72 hours of becoming aware of the exceedance:

a. Stop conveying advanced treated water, investigate, identify, and correct the issue; or

b. Correct the issue with confirmation that advanced treated water TOC does not exceed the action level, and identify the issue.

5. Frequency of Site-Specific Procedures. AWPRA's re-selecting the site-specific TOC approach to begin a new calendar year shall repeat the two procedures in subsections (C)(1) and (2) in order to reestablish an up-to-date TOC action level and TOC alert level.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Ariz. Admin. Code § R18-9-F835 Full Scale Verification

A. An AWPRA applicant shall conduct Full-Scale Verification of the AWTF. The AWPRA applicant shall develop a Full-Scale Verification Plan for submission to the Department and shall perform full-scale verification testing of the AWTF in compliance with the Plan.

1. If an AWPRA builds a pilot facility to full-scale, the AWPRA applicant may, instead, opt to conduct piloting and full-scale verification simultaneously. If the AWPRA pursues this option, the AWPRA shall:

a. Consult with the Department, and

b. Develop and submit a Hybrid Pilot and Full-Scale Verification Plan to the Department for review and comment prior to conducting piloting and full scale verification under this section, R18-9-C815, and other requirements which are previously determined through consultation with the Department, and

c. For the purposes of the permit application pursuant to R18-9-C816, submit the Hybrid Pilot and Full-Scale Verification Plan and a Hybrid Pilot and Full-Scale Verification Report in lieu of the submission requirements at R18-9-C816(A)(2)(g) and (h).

2. An AWPRA applicant shall provide evidence of an APP authorizing any discharge from an AWTF that occurred, occurs or will occur during piloting, full-scale verification, operation or otherwise.

B. Full-Scale Verification Plan. A Full-Scale Verification Testing Plan shall be developed and shall include, but is not limited to, the following requirements:

1. Detailed Testing Plan. The AWPRA applicant shall outline the verification testing procedure for each process within the AWTF, including, but not limited to:

a. Treatment technologies and processes,

b. Continuous online analyzers,

c. Critical control points,

d. Alarm systems, and

e. Data recording instruments.

2. Monitoring Plan. The AWPRA applicant shall develop a Monitoring Plan pursuant to R18-9-E829.

3. Alarm System and Shutdown Testing Plan. The AWPRA applicant shall develop a plan to test and verify the functionality of all alarms, shutdown mechanisms, and processes proposed to be utilized in the Operations Plan developed pursuant to R18-9-F836.

4. Advanced Treated Water Diversion Plan. The AWPRA applicant shall develop a plan to obtain all necessary permits and approvals from the Department or other authorities for the purpose of diverting advanced treated water during the full-scale verification testing period.

C. Testing. Full-scale verification testing shall be conducted in accordance with the Plan established in subsection (B) as well as the requirements in this subsection:

1. The minimum testing period for AWPRAs conducting full-scale verification shall be one year,

2. An AWPRA shall, throughout the testing period, divert all advanced treated water in a manner approved by the Department pursuant to the AWP permit,

3. Before testing occurs, an AWPRA applicant shall confirm with the Department that any water reclamation facility providing treated wastewater to the AWTF has been issued an amendment to their APP(s) for provision of treated wastewater to an AWTF, and shall confirm that copies of the amended permit(s) are recorded in the AWPRA's Joint Plan pursuant to R18-9-B805.

D. Report. At the conclusion of the full-scale verification testing period, the AWPRA shall prepare and submit, in accordance with the compliance schedule established in the AWP permit, a final Full-Scale Verification Report to the Department for approval. The Report shall, at a minimum, include all information related to full-scale verification testing performed pursuant to this section, such as, but not limited to, the following components:

1. The date, time, frequency and exact place of sampling,

2. The name of each individual who performed the sampling,

3. The procedures used to collect the samples,

4. The dates the sample analyses were completed,

5. The name of each individual or laboratory performing sample analysis,

6. The analytical techniques or methods used to perform the sampling and analysis,

7. The chain of custody records,

8. Any field notes relating to the information described under this subsection,

9. The sampling results, and

10. Corresponding laboratory data for all samples.

E. An AWPRA shall not distribute advanced treated water to consumers until Departmental authorization is obtained.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Ariz. Admin. Code § R18-9-F836 Operations Plan

A. An AWPRA shall develop an Operations Plan in accordance with the compliance schedule established in the AWP permit which shall be followed throughout operation of the AWTF.

B. The Operations Plan shall include, but is not limited to, the following criteria:

1. A description of the operation of each treatment process and standard operating procedure,

2. Process schematics showing pathogen and chemical removal critical control points, alarms, and online analyzers, including all requirements pursuant to R18-9-E828(D),

3. A list of established alert levels and action levels at each critical control point,

4. A description of all inspection and maintenance protocols, schedules and other requirements for treatment process equipment,

5. A description of the ongoing monitoring requirements pursuant to R18-9-E829 and the reporting requirements pursuant to R18-9-E830,

6. The development of an emergency operations and response plan to identify and address upsets, failures, or emergency situations arising in the treatment train in an AWPRA facility that is responsible for producing advanced treated water. The emergency operations and response plan shall include, but is not limited to, the following requirements:

a. Identification of upset conditions or emergency situations triggering a response under this subsection, including, but not limited to:

i. Failure of critical control points,

ii. Diversion of off-spec water,

iii. Loss of source water to the AWTF,

iv. Any exceedances of the alert levels and action levels, and

v. Failures which constitute an acute exposure threat, including failure to meet pathogen log reduction values pursuant to R18-9-E828, and failure to meet Nitrite and Nitrate as Nitrogen MCLs pursuant to R18-9-E829,

b. A decision-making procedure and the development of an off-spec water response to divert AWP process water or advanced treated water as a result of any treatment process failure or water quality deviation,

c. Any failure to achieve the minimum target log reduction must be documented and a summary of the causes and corrective action must be reported to the Department, and

i. The AWPRA shall take immediate action to discontinue the delivery of advanced treated water to the distribution system.

ii. The AWPRA shall notify the Department and any public water system that is receiving the AWP project water within 60 minutes.

d. Development of a timely response procedure in the event that advanced treated water violates a requirement of this Article, including, but not limited to:

i. Identification and investigation of the points of failure within the treatment train and at the AWTF,

ii. A procedure to resolve identified failures,

iii. Clear specifications regarding the time required for response to failures or exceedances, and

iv. A procedure for the utilization of automated systems equipped with triggers and alarms, as necessary,

v. Consideration of alternative water sources, as necessary, to ensure delivery of a continuous water supply, and

vi. Compliance with all applicable public notice requirements of the Safe Drinking Water Act, and

e. Development of a shutdown plan establishing shutdown and post-shutdown protocols, including, but not limited to:

i. A procedure for draining piping and tanks, as necessary, to prevent freezing or the accumulation of stagnant non-compliant water, and

ii. A procedure for managing post-shutdown conditions, and

7. A description of staffing requirements at the AWTF including, but not limited to, the following criteria:

a. The roles and responsibilities of all staff,

b. The status of, and requirements for, certified operators,

c. A description of the annual training and continuous education requirements for all staff, and

d. A description of any provisions for training new personnel, and

8. A description of the SCADA system utilized at the AWTF along with, but not limited to, the following additional SCADA requirements:

a. A description of how the system will assist the AWTF in achieving compliance, when necessary,

b. A description of how the SCADA system will communicate and interoperate with the SCADA systems of all AWPRA facilities that provide treatment pursuant to this Article,

c. Information on how the system acquires and utilizes monitoring data to inform operators, identify failures at critical control points, and respond to failures,

d. A procedure for testing the system,

e. A protocol/procedure to secure and protect the SCADA system from unauthorized access and cyberattack, and

f. Establishment of a SCADA system testing schedule, and

9. A description of the communication procedures between the AWPRA and all relevant treatment plant operators for situations including, but not limited to:

a. Normal operations, and

b. Upset conditions and emergency response protocols.

C. In addition to the requirements of this section, an Operations Plan shall be developed using good engineering practices and best management practices. Similar Operations Plan criteria shall be approved if the AWPRA applicant can demonstrate that the Operations Plan components meet or exceed the criteria listed above.

1. ADEQ shall develop and make available guidance on developing an AWP Operations Plan.

2. An AWP Operations Plan developed in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

D. An AWPRA shall submit the Operations Plan to the Department for approval as a compliance schedule item under the AWP permit.

E. An AWPRA shall update the Operations Plan as necessary following any modifications to the treatment process that affect the operational procedures of the AWTF. The updated Operations Plan shall be submitted to the Department for approval as a component of a permit amendment application.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Ariz. Admin. Code § R18-9-F837 Vulnerability Assessment

A. An AWPRA shall conduct a vulnerability assessment for the AWP project for the purpose of identifying areas and processes with a potential to be vulnerable to attack, sabotage, or disruption.

B. The AWPRA shall consider and assess all potential hazards associated with contaminants in the municipal wastewater source.

C. The AWPRA shall develop an emergency response plan for identified hazards the AWP project may face.

D. The SCADA systems of all AWPRA facilities included in the AWP project that provide treatment pursuant to this Article shall be designed and operated such that they are secured and protected, both physically and electronically, from unauthorized access and cyberattack.

E. The AWPRA shall periodically review the vulnerability assessment along with the permit renewal pursuant to R18-9-D822, at a minimum, or at the Director's discretion. A vulnerability assessment update shall include the identification of any new hazards and the corresponding risk management controls the AWPRA will establish.

F. In addition to the requirements of this section, a vulnerability assessment shall be conducted using Best Management Practices. Methods for conducting the vulnerability assessment shall be approved if the AWPRA applicant can demonstrate that the method is sufficiently detailed and robust for the purpose of conducting a protective vulnerability assessment.

1. ADEQ shall develop and make available guidance on conducting an AWP vulnerability assessment.

2. An AWP vulnerability assessment conducted in a manner consistent with the criteria contained in an applicable ADEQ guidance document shall be considered to have been conducted using good engineering practices.

History

• New Section made by final rulemaking at 31 A.A.R. 1070, effective 3/4/2025.

Article 6 UNDERGROUND INJECTION CONTROL

Part G CLASS III INJECTION WELL REQUIREMENTS

Ariz. Admin. Code § R18-9-G646 Class III; Construction Requirements

A. All new Class III wells shall be cased and cemented to prevent the migration of fluids into or between USDWs. The Director may waive the cementing requirement for new wells in existing projects or portions of existing projects where they have substantial evidence that no contamination of USDWs would result. The casing and cement used in the construction of each newly drilled well shall be designed for the life expectancy of the well. In determining and specifying casing and cementing requirements, the following factors shall be considered:

1. Depth to the injection zone;

2. Injection pressure, external pressure, internal pressure, axial loading, etc.;

3. Hole size;

4. Size and grade of all casing strings, such as wall thickness, diameter, nominal weight, length, joint Specification, and construction material;

Corrosiveness of injected fluids and formation fluids;

6. Lithology of injection and confining zones; and

7. Type and grade of cement.

B. Appropriate logs and other tests shall be conducted during the drilling and construction of new Class III wells. A descriptive report interpreting the results of such logs and tests shall be prepared by a knowledgeable log analyst and submitted to the Director. The logs and tests appropriate to each type of Class III well shall be determined based on the intended function, depth, construction and other characteristics of the well, availability of similar data in the area of the drilling site and the need for additional information that may arise from time to time as the construction of the well progresses. Deviation checks shall be conducted on all holes where pilot holes and reaming are used, unless the hole will be cased and cemented by circulating cement to the surface. Where deviation checks are necessary they shall be conducted at sufficiently frequent intervals to assure that vertical avenues for fluid migration in the form of diverging holes are not created during drilling.

C. Where the injection zone is a formation which is naturally water-bearing the following information concerning the injection zone shall be determined or calculated for new Class III wells or projects:

1. Fluid pressure;

2. Fracture pressure; and

3. Physical and chemical characteristics of the formation fluids.

D. Where the injection formation is not a water-bearing formation, the information in subsection (C)(2) of this Section must be submitted.

E. Where injection is into a formation which contains water with less than 10,000 mg/l TDS monitoring wells shall be completed into the injection zone and into any USDWs above the injection zone which could be affected by the mining operation. These wells shall be located in such a fashion as to detect any excursion of injection fluids, process by-products, or formation fluids outside the mining area or zone. If the operation may be affected by subsidence or catastrophic collapse the monitoring wells shall be located so that they will not be physically affected.

F. Where injection is into a formation which does not contain water with less than 10,000 mg/l TDS, no monitoring wells are necessary in the injection stratum.

G. Where the injection wells penetrate an USDW in an area subject to subsidence or catastrophic collapse an adequate number of monitoring wells shall be completed into the USDW to detect any movement of injected fluids, process by-products or formation fluids into the USDW. The monitoring wells shall be located outside the physical influence of the subsidence or catastrophic collapse.

H. In determining the number, location, construction and frequency of monitoring of the monitoring wells the following criteria shall be considered:

1. The population relying on the USDW affected or potentially affected by the injection operation;

2. The proximity of the injection operation to points of withdrawal of drinking water;

3. The local geology and hydrology;

4. The operating pressures and whether a negative pressure gradient is being maintained;

5. The nature and volume of the injected fluid, the formation water, and the process by-products; and

6. The injection well density.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-G647 Class III; Operating, Monitoring, and Reporting Requirements

A. Operating requirements prescribed shall, at a minimum, specify that:

1. Except during well stimulation, injection pressure at the wellhead shall be calculated so as to assure that the pressure in the injection zone during injection does not initiate new fractures or propagate existing fractures in the injection zone. In no case, shall injection pressure initiate fractures in the confining zone or cause the migration of injection or formation fluids into an USDW.

2. Injection between the outermost casing protecting USDWs and the well bore is prohibited.

B. Monitoring requirements shall, at a minimum, specify:

1. Monitoring of the nature of injected fluids with sufficient frequency to yield representative data on its characteristics. Whenever the injection fluid is modified to the extent that the analysis required by R18-9-G648(B)(7)(c) is incorrect or incomplete, a new analysis as required by R18-9-G648(B)(7)(c) shall be provided to the Director.

2. Monitoring of injection pressure and either flow rate or volume semi-monthly, or metering and daily recording of injected and produced fluid volumes as appropriate.

3. Demonstration of mechanical integrity pursuant to R18-9-B613 at least once every five years during the life of the well for salt solution mining.

4. Monitoring of the fluid level in the injection zone semi-monthly, where appropriate and monitoring of the parameters chosen to measure water quality in the monitoring wells required by R18-9-G646(E), semi-monthly.

5. Quarterly monitoring of wells required by R18-9-G646(G).

6. All Class III wells may be monitored on a field or project basis rather than an individual well basis by manifold monitoring. Manifold monitoring may be used in cases of facilities consisting of more than one injection well, operating with a common manifold. Separate monitoring systems for each well are not required provided the owner/operator demonstrates that manifold monitoring is comparable to individual well monitoring.

C. Reporting requirements shall, at a minimum, include:

Quarterly reporting to the Director on required monitoring;

2. Results of mechanical integrity and any other periodic test required by the Director reported with the first regular quarterly report after the completion of the test; and

3. Monitoring may be reported on a project or field basis rather than individual well basis where manifold monitoring is used.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-G648 Class III; Information to be Considered by the Director

A. This Section sets forth the information which must be considered by the Director in authorizing Class III wells. Certain maps, cross sections, tabulations of wells within the area of review, and other data may be included in the application by reference provided they are current, readily available to the Director and sufficiently identified to be retrieved.

B. Prior to the issuance of a permit for an existing Class III well or area to operate or the construction of a new Class III well the Director shall consider the following:

1. Information required in R18-9-C616.

2. A map showing the injection well or project area for which a permit is sought and the applicable area of review. Within the area of review, the map must show the number or name and location of all existing producing wells, injection wells, abandoned wells, dry holes, public water systems and water wells. The map may also show surface bodies of waters, mines (surface and subsurface) quarries and other pertinent surface features including residences and roads, and faults if known or suspected. Only information of public record and pertinent information known to the applicant is required to be included on this map.

3. A tabulation of data reasonably available from public records or otherwise known to the applicant on wells within the area of review included on the map required under subsection (B)(2) of this Section which penetrate the proposed injection zone. Such data shall include a description of each well's type, construction, date drilled, location, depth, record of plugging and completion, and any additional information the Director may require. In cases where the information would be repetitive and the wells are of similar age, type, and construction the Director may elect to only require data on a representative number of wells.

4. Maps and cross sections indicating the vertical limits of all USDWs within the area of review, their position relative to the injection formation, and the direction of water movement, where known, in every USDW which may be affected by the proposed injection;

5. Maps and cross sections detailing the geologic structure of the local area;

6. Generalized map and cross sections illustrating the regional geologic setting;

7. Proposed operating data:

a. Average and maximum daily rate and volume of fluid to be injected;

b. Average and maximum injection pressure; and

c. Qualitative analysis and ranges in concentrations of all constituents of injected fluids. If the information is confidential pursuant to R18-9-A603 an applicant may, in lieu of the ranges in concentrations, choose to submit maximum concentrations which shall not be exceeded. In such a case the applicant shall retain records of the undisclosed concentrations and provide them upon request to the Director as part of any enforcement investigation.

8. Proposed formation testing program to obtain the information required by R18-9-G646(C).

9. Proposed stimulation program;

10. Proposed injection procedure;

11. Schematic or other appropriate drawings of the surface and subsurface construction details of the well;

12. Plans (including maps) for meeting the monitoring requirements of R18-9-G647(B);

13. Expected changes in pressure, native fluid displacement, direction of movement of injection fluid;

14. Contingency plans to cope with all shut-ins or well failures so as to prevent the migration of contaminating fluids into USDWs;

15. A certificate that the applicant has assured, through a performance bond, or other appropriate means, the resources necessary to close, plug, or abandon the well as required by R18-9-D636(A)(5); and

16. The corrective action proposed to be taken under R18-9-D639.

C. Prior to granting approval for the operation of a Class III well the Director shall consider the following information:

1. All available logging and testing data on the well;

2. A satisfactory demonstration of mechanical integrity for all new wells and for all existing salt solution wells pursuant to R18-9-B613;

3. The anticipated maximum pressure and flow rate at which the permittee will operate;

4. The results of the formation testing program;

5. The actual injection procedures; and

6. The status of corrective action on defective wells in the area of review.

D. Prior to granting approval for the plugging and abandonment of a Class III well the Director shall consider the following information:

1. The type and number of plugs to be used;

2. The placement of each plug including the elevation of the top and bottom;

3. The type, grade and quantity of cement to be used;

4. The method of placement of the plugs; and

5. The procedure to be used to meet the requirements of R18-9-B614(A).

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Part H CLASS IV INJECTION WELL REQUIREMENTS

Ariz. Admin. Code § R18-9-H649 Class IV; Closure Requirements and Remediation

A. Closure.

1. Prior to abandoning any Class IV well, the owner or operator shall plug or otherwise close the well in a manner acceptable to the Director.

2. The owner or operator of a Class IV well must notify the Director of intent to abandon the well at least 30 days prior to abandonment.

B. Remediation. Injection wells used to inject contaminated groundwater that has been treated and is being injected into the same formation from which it was drawn are authorized by rule for the life of the well if such subsurface emplacement of fluids is approved by the Administrator or the Director pursuant to subsections (B)(1), (2) or (3):

1. Provisions for cleanup of releases under CERCLA, or

2. The requirements and provisions under RCRA, or

3. The requirements and provisions under other applicable state laws for corrective and remedial action.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Part I CLASS V INJECTION WELL REQUIREMENTS

Ariz. Admin. Code § R18-9-I650 Class V; General Requirements

A. The following requirements apply to Class V Wells authorized by rule:

1. A Class V Injection well is authorized by rule subject to the conditions under this Section.

2. Well authorization under this Section expires upon the effective date of a permit issued pursuant to R18-9-I651, R18-9-C616, R18-9-C624, R18-9-C625, or upon proper closure of the well.

3. An owner or operator of a well that is authorized by rule pursuant to this Section is prohibited from injecting into the well:

a. Upon the effective date of an applicable permit denial;

b. Upon failure to submit a permit application in a timely manner pursuant to R18-9-I651 or R18-9- C616;

c. Upon failure to submit inventory information in a timely manner pursuant to R18-9-I652; or d. Upon failure to comply with a request for information in a timely manner pursuant to R18-9-I653.

4. Submission of the following is required in order to transfer ownership of a well that is authorized by rule pursuant to this Section:

a. An inventory, and

b. Class V authorized by rule transfer fee pursuant to R18-14-111(A)(3).

B. The following requirements apply for all Class V Wells:

1. With certain exceptions listed in subsection (B)(2) of this Section, Class V injection activity is "authorized by rule," meaning owners and operators must comply with all the requirements of this Article but do not have to get an individual permit. Well authorization expires once the injection well has been properly closed.

2. A Class V well requires a permit and shall no longer be authorized by rule upon any of the following:

a. Failure to comply with the prohibition of movement standard in R18-9-B608(A).

b. The Director specifically requires a Class V permit for the well to operate pursuant to R18-9-I651. In which case rule authorization expires upon the effective date of the permit issued, or you are prohibited from injecting into your well upon:

i. Failure to submit a permit application in a timely manner as specified in a notice from the Director; or

ii. Upon the effective date of permit denial.

c. Failure to submit inventory information as required under R18-9-I652.

d. Failure to comply with the Director's request for additional information under R18-9-I653 in a timely manner.

3. Prior to abandoning a Class V well, the owner or operator shall meet the plugging requirements in R18-9-B614(C).

4. In limited cases, the Director may authorize the conversion (reclassification) of a motor vehicle waste disposal well to another type of Class V well. Motor vehicle wells may only be converted if: all motor vehicle fluids are segregated by physical barriers and are not allowed to enter the well; and, injection of motor vehicle waste is unlikely based on a facility's compliance history and records showing proper waste disposal. The use of a semi-permanent plug as the means to segregate waste is not sufficient to convert a motor vehicle waste disposal well to another type of Class V well.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022. Amended by final expedited rulemaking at 31 A.A.R. 989, effective 3/7/2025.

Ariz. Admin. Code § R18-9-I651 Class V; Requiring a Permit

A. The Director may require the owner or operator of any Class V injection well authorized by rule under this Article to apply for and obtain an individual or area UIC permit. Cases where individual or area UIC permits may be required include:

1. The injection well is not in compliance with any requirement under this Article or A.R.S. Title 49, Chapter 2, Article 3.3;

2. The injection well is not or no longer is within the category of wells and types of well operations authorized in the rule; or

3. The protection of USDWs requires that the injection operation be regulated by requirements, such as for corrective action, monitoring and reporting, or operation, which are not contained in the rule.

B. If an individual or area UIC permit is required, the Director shall notify the discharger in writing of the decision. The notice shall include:

1. A brief statement of the reasons for the decision,

2. An application form,

3. A statement setting a deadline to file the application,

4. A statement that on the effective date of issuance or denial of the individual or area UIC permit, coverage by rule will automatically terminate.

5. The applicant's right to appeal the individual permit requirement under A.R.S. § 49-323 and the name and telephone number of the Department contact person who can answer questions regarding the appeals process.

C. An owner or operator of a well authorized by rule may request to be excluded from the coverage of this Section by applying for an individual or area UIC permit. The owner or operator shall submit an application under R18-9-C616 with reasons supporting the request to the Director. The Director may grant any such requests.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-I652 Class V; Inventory Requirements for Class V Wells Authorized by Rule

A. The owner or operator of an injection well authorized by rule under R18-9-I650 shall submit inventory information to the Director. Such an owner or operator is prohibited from injecting into the well upon failure to submit inventory information for the well within the timeframe specified in subsection (D) of this Section.

B. As part of the inventory, the Director shall require and the owner/operator shall provide at least the following information:

1. Facility name and location;

2. Name and address of legal contact;

Ownership of facility;

4. Nature and type of injection well; and

Operating status of injection well.

C. Upon approval of the Arizona UIC Program, the Director shall notify all known owners or operators of injection wells of their duty to submit inventory information in the manner specified by the Director.

D. The owner or operator of an injection well shall submit inventory information no later than one year after the effective date of the Arizona UIC program. The Director need not require inventory information from any facility with interim status under RCRA.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-I653 Class V; Requiring Other Information

A. In addition to the inventory requirements under R18-9-I652, the Director may require the owner or operator of any well authorized by rule under this Article to submit information as deemed necessary by the Director to determine whether a well may be endangering an USDW in violation of R18-9-B608 of this Part.

B. Such information requirements may include, but are not limited to:

1. Performance of ground-water monitoring and the periodic submission of reports of such monitoring;

2. An analysis of injected fluids, including periodic submission of such analyses; and

3. A description of the geologic strata through and into which injection is taking place.

C. Any request for information under this Section shall be made in writing, and include a brief statement of the reasons for requiring the information. An owner and operator shall submit the information within the time period or time periods provided in the notice.

D. An owner or operator of an injection well authorized by rule under this Part is prohibited from injecting into the well upon failure of the owner or operator to comply with a request for information within the time period or time periods specified by the Director pursuant to subsection (C) of this Section. An owner or operator of a well prohibited from injection under this Section shall not resume injection except under a permit issued pursuant to R18-9-I651; R18-9-C616, R18-9-C624, or R18-9-C625.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-I654 Class V; Prohibition of Class V Cesspools and Motor Vehicle Waste Disposal Wells

The construction and operation of cesspools and motor vehicle waste disposal wells are prohibited.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-I655 Class V; Prohibition of Non-Experimental Class V Wells for Geologic Sequestration

The construction, operation or maintenance of any non-experimental Class V geologic sequestration well is prohibited.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Part J CLASS VI INJECTION WELL REQUIREMENTS

Ariz. Admin. Code § R18-9-J656 Class VI; Applicability

A. This Part establishes criteria and standards for underground injection control programs to regulate any Class VI carbon dioxide geologic sequestration injection wells.

B. This Part applies to any well used to inject carbon dioxide specifically for the purpose of geologic sequestration.

C. This Part also applies to owners or operators of permit- or rule-authorized Class V experimental carbon dioxide injection projects who seek to apply for Class VI geologic sequestration permit for their well or wells. Owners or operators seeking to convert existing Class I, Class II, or Class V experimental wells to Class VI geologic sequestration wells must demonstrate to the Director that the wells were engineered and constructed to meet the requirements of R18-9-J661 and ensure protection of USDWs, in lieu of requirements at R18-9-J661 and R18-9-J662 . A converted well must still meet all other requirements under Part F of this Article.

D. The following definitions apply to this Part and govern for Class VI wells to the extent that these definitions conflict with those in R18-9-A601:

1. "Area of review" means the region surrounding the geologic sequestration project where USDWs may be endangered by the injection activity. The area of review is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and displaced fluids, and is based on available site characterization, monitoring, and operational data as set forth in R18-9-J659.

2. "Carbon dioxide plume" means the extent underground, in three dimensions, of an injected carbon dioxide stream.

3. "Carbon dioxide stream" means carbon dioxide that has been captured from an emission source, plus incidental associated sub stances derived from the source materials and the capture process, and any substances added to the stream to enable or improve the injection process. This Part does not apply to any carbon dioxide stream that meets the definition of a hazardous waste under A.R.S. § 49-921.

4. "Confining zone" means a geologic formation, group of formations, or part of a formation stratigraphically overlying the injection zone or zones that acts as barrier to fluid movement. For Class VI wells operating under an injection depth waiver, confining zone means a geologic formation, group of formations, or part of a formation stratigraphically overlying and underlying the injection zone or zones.

5. "Corrective action" means the use of Director-approved methods to ensure that wells within the area of review do not serve as conduits for the movement of fluids into USDWs.

6. "Geologic sequestration" means the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations. This term does not apply to carbon dioxide capture or transport.

7. "Geologic sequestration project" means an injection well or wells used to emplace a carbon dioxide stream beneath the lowermost formation containing a USDW; or, wells used for geologic sequestration of carbon dioxide that have been granted a waiver of the injection depth requirements pursuant to requirements at R18-9-J670; or, wells used for geologic sequestration of carbon dioxide that have received an expansion to the areal extent of an existing Class II enhanced oil recovery or enhanced gas recovery aquifer exemption pursuant to R18-9-A605 and R18-9-A606 . It includes the subsurface three-dimensional extent of the carbon dioxide plume, associated area of elevated pressure, and displaced fluids, as well as the surface area above that delineated region.

"Injection zone" means a geologic formation, group of formations, or part of a formation that is of sufficient areal extent, thickness, porosity, and permeability to receive carbon dioxide through a well or wells associated with a geologic sequestration project.

9. "Post-injection site care" means appropriate monitoring and other actions, including corrective action, needed following cessation of injection to ensure that USDWs are not endangered, as required under R18-9-J668.

10. "Pressure front" means the zone of elevated pressure that is created by the injection of carbon dioxide into the subsurface. For the purposes of this Part, the pressure front of a carbon dioxide plume refers to a zone where there is a pressure differential sufficient to cause the movement of injected fluids or formation fluids into a USDW.

11. "Site closure" means the point/time, as determined by the Director following the requirements under R18-9-J668, at which the owner or operator of a geologic sequestration site is released from post-injection site care responsibilities.

"Transmissive fault" or "fracture" means a fault or fracture that has sufficient permeability and vertical extent to allow fluids to move between formations.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J657 Class VI; Required Permit Information

A. This Section sets forth the information which must be considered by the Director in authorizing Class VI wells. For converted Class I, Class II, or Class V experimental wells, certain maps, cross sections, tabulations of wells within the area of review and other data may be included in the application by reference provided they are current, readily available to the Director, and sufficiently identified to be retrieved.

B. Prior to the issuance of a permit for the construction of a new Class VI well or the conversion of an existing Class I, Class II, or Class V well to a Class VI well, the owner or operator shall submit, pursuant to R18-9-J666, and the Director shall consider the following:

1. Information required in R18-9-C616(D)(1) through (9);

2. A map showing the injection well for which a permit is sought and the applicable area of review consistent with R18-9-J659 . Within the area of review, the map must show the number or name, and location of all injection wells, producing wells, abandoned wells, plugged wells or dry holes, deep stratigraphic boreholes, State- or EPA-approved subsurface cleanup sites, surface bodies of water, springs, mines (surface and subsurface), quarries, water wells, other pertinent surface features including structures intended for human occupancy, State, Tribal, and Territory boundaries, and roads. The map should also show faults, if known or suspected. Only information of public record is required to be included on this map;

3. Information on the geologic structure and hydrogeologic properties of the proposed storage site and overlying formations, including:

a. Maps and cross sections of the area of review;

b. The location, orientation, and properties of known or suspected faults and fractures that may transect the confining zone or zones in the area of review and a determination that they would not interfere with containment;

c. Data on the depth, areal extent, thickness, mineralogy, porosity, permeability, and capillary pressure of the injection and confining zone or zones; including geology/facies changes based on field data which may include geologic cores, outcrop data, seismic surveys, well logs, and names and lithologic descriptions;

d. Geomechanical information on fractures, stress, ductility, rock strength, and in situ fluid pressures within the confining zone or zones;

e. Information on the seismic history including the presence and depth of seismic sources and a determination that the seismicity would not interfere with containment; and

f. Geologic and topographic maps and cross sections illustrating regional geology, hydrogeology, and the geologic structure of the local area.

4. A tabulation of all wells within the area of review which penetrate the injection or confining zone or zones. Such data must include a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the Director may require;

5. Maps and stratigraphic cross sections indicating the general vertical and lateral limits of all USDWs, water wells and springs within the area of review, their positions relative to the injection zone or zones, and the direction of water movement, where known;

6. Baseline geochemical data on subsurface formations, including all USDWs in the area of review;

7. Proposed operating data for the proposed geologic sequestration site:

a. Average and maximum daily rate and volume and/or mass and total anticipated volume and/or mass of the carbon dioxide stream;

b. Average and maximum injection pressure;

c. The source or sources of the carbon dioxide stream; and

d. An analysis of the chemical and physical characteristics of the carbon dioxide stream.

8. Proposed pre-operational formation testing program to obtain an analysis of the chemical and physical characteristics of the injection zone or zones and confining zone or zones and that meets the requirements at R18-9-J662;

9. Proposed stimulation program, a description of stimulation fluids to be used and a determination that stimulation will not interfere with containment;

10. Proposed procedure to outline steps necessary to conduct injection operation;

11. Schematics or other appropriate drawings of the surface and subsurface construction details of the well;

12. Injection well construction procedures that meet the requirements of R18-9-J661;

13. Proposed area of review and corrective action plan that meets the requirements under R18-9-J659;

14. A demonstration, satisfactory to the Director, that the applicant has met the financial responsibility requirements under R18-9-J660;

15. Proposed testing and monitoring plan required by R18-9-J665;

16. Proposed injection well plugging plan required by R18-9-J667(B);

17. Proposed post-injection site care and site closure plan required by R18-9-J668(A);

18. At the Director's discretion, a demonstration of an alternative post-injection site care timeframe required by R18-9-J668(C);

19. Proposed emergency and remedial response plan required by R18-9-J669;

20. A list of contacts, submitted to the Director, for those States, Tribes, and Territories identified to be within the area of review of the Class VI project based on information provided in subsection (B)(2) of this Section;

21. A listing of any historic property or potential historic property as defined by R12-8-301, and

22. Any other information requested by the Director.

C. The Director shall notify, in writing, any States, Tribes, or Territories within the area of review of the Class VI project based on information provided in subsections (B)(2) and (B)(20) of this Section of the permit application.

D. Prior to granting approval for the operation of a Class VI well, the Director shall consider the following information:

1. The final area of review based on modeling, using data obtained during logging and testing of the well and the formation as required by subsections (D)(2), (3), (4), (6), (7), and (10) of this Section;

2. Any relevant updates, based on data obtained during logging and testing of the well and the formation as required by subsections (D)(3), (4), (6), (7), and (10) of this Section, to the information on the geologic structure and hydrogeologic properties of the proposed storage site and overlying formations, submitted to satisfy the requirements of subsection (B)(3) of this Section;

3. Information on the compatibility of the carbon dioxide stream with fluids in the injection zone or zones and minerals in both the injection and the confining zone or zones, based on the results of the formation testing program, and with the materials used to construct the well;

4. The results of the formation testing program required at subsection (B)(8) of this Section;

5. Final injection well construction procedures that meet the requirements of R18-9-J661;

6. The status of corrective action on wells in the area of review;

7. All available logging and testing program data on the well required by R18-9-J662;

8. A demonstration of mechanical integrity pursuant to R18-9-J664;

9. Any updates to the proposed area of review and corrective action plan, testing and monitoring plan, injection well plugging plan, post-injection site care and site closure plan, or the emergency and remedial response plan submitted under subsection (B) of this Section, which are necessary to address new information collected during logging and testing of the well and the formation as required by all subsections of this Section, and any updates to the alternative post-injection site care timeframe demonstration submitted under subsection (B) of this Section, which are necessary to address new information collected during the logging and testing of the well and the formation as required by all subsections of this Section; and

10. Any other information requested by the Director.

E. Owners or operators seeking a waiver of the requirement to inject below the lowermost USDW must also refer to R18-9-J670 and submit a supplemental report, as required at R18-9-J670 . The supplemental report is not part of the permit application.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J658 Class VI; Minimum Criteria for Siting

A. Owners or operators of Class VI wells must demonstrate to the satisfaction of the Director that the wells will be sited in areas with a suitable geologic system. The owners or operators must demonstrate that the geologic system comprises:

1. An injection zone or zones of sufficient areal extent, thickness, porosity, and permeability to receive the total anticipated volume of the carbon dioxide stream.

2. Confining zone or zones free of transmissive faults or fractures and of sufficient areal extent and integrity to contain the injected carbon dioxide stream and displaced formation fluids and allow injection at proposed maximum pressures and volumes without initiating or propagating fractures in the confining zone or zones.

B. The Director may require owners or operators of Class VI wells to identify and characterize additional zones that will impede vertical fluid movement, are free of faults and fractures that may interfere with containment, allow for pressure dissipation, and provide additional opportunities for monitoring, mitigation, and remediation.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J659 Class VI; Area of Review and Corrective Action

A. The area of review is the region surrounding the geologic sequestration project where USDWs may be endangered by the injection activity. The area of review is delineated using computational modeling that accounts for the physical and chemical properties of all phases of the injected carbon dioxide stream and is based on available site characterization, monitoring, and operational data.

B. The owner or operator of a Class VI well must prepare, maintain, and comply with a plan to delineate the area of review for a proposed geologic sequestration project, periodically reevaluate the delineation, and perform corrective action that meets the requirements of this Section and is acceptable to the Director. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. As a part of the permit application for approval by the Director, the owner or operator must submit an area of review and corrective action plan that includes the following information:

1. The method for delineating the area of review that meets the requirements of subsection (C) of this Section, including the model to be used, assumptions that will be made, and the site characterization data on which the model will be based.

2. A description of:

a. The minimum fixed frequency, not to exceed five years, at which the owner or operator proposes to reevaluate the area of review;

b. The monitoring and operational conditions that would warrant a reevaluation of the area of review prior to the next scheduled reevaluation as determined by the minimum fixed frequency established in subsection (B)(2)(a) of this Section.

c. How monitoring and operational data will be used to inform an area of review reevaluation; and

d. How corrective action will be conducted to meet the requirements of subsection (D) of this Section, including what corrective action will be performed prior to injection and what, if any, portions of the area of review will have corrective action addressed on a phased basis and how the phasing will be determined; how corrective action will be adjusted if there are changes in the area of review; and how site access will be guaranteed for future corrective action.

C. Owners or operators of Class VI wells must perform the following actions to delineate the area of review and identify all wells that require corrective action:

1. Predict, using existing site characterization, monitoring and operational data, and computational modeling, the projected lateral and vertical migration of the carbon dioxide plume and formation fluids in the subsurface from the commencement of injection activities until the plume movement ceases, until pressure differentials sufficient to cause the movement of injected fluids or formation fluids into a USDW are no longer present, or until the end of a fixed time period as determined by the Director. The model must:

a. Be based on detailed geologic data collected to characterize the injection zone zones, confining zone or zones and any additional zones; and anticipated operating data, including injection pressures, rates, and total volumes over the proposed life of the geologic sequestration project;

b. Take into account any geologic heterogeneities, other discontinuities, data quality, and their possible impact on model predictions; and

c. Consider potential migration through faults, fractures, and artificial penetrations.

2. Using methods approved by the Director, identify all penetrations, including active and abandoned wells and underground mines, in the area of review that may penetrate the confining zone or zones. Provide a description of each well's type, construction, date drilled, location, depth, record of plugging and/or completion, and any additional information the Director may require; and

3. Determine which abandoned wells in the area of review have been plugged in a manner that prevents the movement of carbon dioxide or other fluids that may endanger USDWs, including use of materials compatible with the carbon dioxide stream.

D. Owners or operators of Class VI wells must perform corrective action on all wells in the area of review that are determined to need corrective action, using methods designed to prevent the movement of fluid into or between USDWs, including use of materials compatible with the carbon dioxide stream, where appropriate.

E. At the minimum fixed frequency, not to exceed five years, as specified in the area of review and corrective action plan, or when monitoring and operational conditions warrant, owners or operators must:

1. Reevaluate the area of review in the same manner specified in subsection (C)(1) of this Section;

2. Identify all wells in the reevaluated area of review that require corrective action in the same manner specified in subsection (C) of this Section;

3. Perform corrective action on wells requiring corrective action in the reevaluated area of review in the same manner specified in subsection (C) of this Section; and

4. Submit an amended area of review and corrective action plan or demonstrate to the Director through monitoring data and modeling results that no amendment to the area of review and corrective action plan is needed. Any amendments to the area of review and corrective action plan must be approved by the Director, must be incorporated into the permit, and are subject to the permit modification requirements under R18-9-C632 or R18-9-C633, as appropriate.

F. The emergency and remedial response plan and the demonstration of financial responsibility must account for the area of review delineated as specified in subsection (C)(1) of this Section or the most recently evaluated area of review delineated under subsection (E) of this Section, regardless of whether or not corrective action in the area of review is phased.

G. All modeling inputs and data used to support area of review reevaluations under subsection (E) of this Section shall be retained for 10 years.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J660 Class VI; Financial Responsibility

A. The owner or operator must demonstrate and maintain financial responsibility as determined by the Director that meets the following conditions:

1. The financial responsibility instrument or instruments used must be from the following list of qualifying instruments:

a. Trust Funds;

b. Surety Bonds;

c. Letter of Credit;

d. Insurance;

e. Self Insurance (i.e., Financial Test and Corporate Guarantee);

f. Escrow Account;

g. Any other instrument or instruments satisfactory to the Director.

2. The qualifying instrument or instruments must be sufficient to cover the cost of:

a. Corrective action under R18-9-J659;

b. Injection well plugging under R18-9-J667;

c. Post injection site care and site closure under R18-9-J668; and

d. Emergency and remedial response under R18-9-J669.

3. The financial responsibility instrument or instruments must be sufficient to address endangerment of USDWs.

4. The qualifying financial responsibility instrument or instruments must comprise protective conditions of coverage.

a. Protective conditions of coverage must include at a minimum cancellation, renewal, and continuation provisions, specifications on when the provider becomes liable following a notice of cancellation if there is a failure to renew with a new qualifying financial instrument, and requirements for the provider to meet a minimum rating, minimum capitalization, and ability to pass the bond rating when applicable.

i. Cancellation--for purposes of this Part, an owner or operator must provide that their financial mechanism may not cancel, terminate or fail to renew except for failure to pay such financial instrument. If there is a failure to pay the financial instrument, the financial institution may elect to cancel, terminate, or fail to renew the instrument by sending notice by certified mail to the owner or operator and the Director. The cancellation must not be final for 120 days after receipt of cancellation notice. The owner or operator must provide an alternate financial responsibility demonstration within 60 days of notice of cancellation, and if an alternate financial responsibility demonstration is not acceptable (or possible), any funds from the instrument being cancelled must be released within 60 days of notification by the Director.

ii. Renewal--for purposes of this Part, owners or operators must renew all financial instruments, if an instrument expires, for the entire term of the geologic sequestration project. The instrument may be automatically renewed as long as the owner or operator has the option of renewal at the face amount of the expiring instrument. The automatic renewal of the instrument must, at a minimum, provide the holder with the option of renewal at the face amount of the expiring financial instrument.

iii. Cancellation, termination, or failure to renew may not occur and the financial instrument will remain in full force and effect in the event that on or before the date of expiration: The Director deems the facility abandoned; or the permit is terminated or revoked or a new permit is denied; or closure is ordered by the Director or a U.S. district court or other court of competent jurisdiction; or the owner or operator is named as debtor in a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code; or the amount due is paid.

5. The qualifying financial responsibility instrument or instruments must be approved by the Director.

a. The Director shall consider and approve the financial responsibility demonstration for all the phases of the geologic sequestration project prior to issue a Class VI permit under R18-9-J657.

b. The owner or operator must provide any updated information related to their financial responsibility instrument or instruments on an annual basis and if there are any changes, the Director must evaluate, within a reasonable time, the financial responsibility demonstration to confirm that the instrument or instruments used remain adequate for use. The owner or operator must maintain financial responsibility requirements regardless of the status of the Director's review of the financial responsibility demonstration.

c. The Director may disapprove the use of a financial instrument if they determine that it is not sufficient to meet the requirements of this Section.

6. The owner or operator may demonstrate financial responsibility by using one or multiple qualifying financial instruments for specific phases of the geologic sequestration project.

a. In the event that the owner or operator combines more than one instrument for a specific geologic sequestration phase such combination must be limited to instruments that are not based on financial strength or performance, for example trust funds, surety bonds guaranteeing payment into a trust fund, letters of credit, escrow account, and insurance. In this case, it is the combination of mechanisms, rather than the single mechanism, which must provide financial responsibility for an amount at least equal to the current cost estimate.

b. When using a third-party instrument to demonstrate financial responsibility, the owner or operator must provide a proof that the third-party providers either have passed financial strength requirements based on credit ratings; or has met a minimum rating, minimum capitalization, and ability to pass the bond rating when applicable.

c. An owner or operator using certain types of third-party instruments must establish a standby trust to enable ADEQ to be party to the financial responsibility agreement without ADEQ being the beneficiary of any funds. The standby trust fund must be used along with other financial responsibility instruments (e.g., surety bonds, letters of credit, or escrow accounts) to provide a location to place funds if needed.

d. An owner or operator may deposit money to an escrow account to cover financial responsibility requirements; this account must segregate funds sufficient to cover estimated costs for Class VI (geologic sequestration) financial responsibility from other accounts and uses.

e. An owner or operator or its guarantor may use self insurance to demonstrate financial responsibility for geologic sequestration projects. In order to satisfy this requirement the owner or operator must meet a Tangible Net Worth of an amount approved by the Director, have a Net working capital and tangible net worth each at least six times the sum of the current well plugging, post injection site care and site closure cost, have assets located in the United States amounting to at least 90 percent of total assets or at least six times the sum of the current well plugging, post injection site care and site closure cost, and must submit a report of its bond rating and financial information annually. In addition the owner or operator must either: Have a bond rating test of AAA, AA, A, or BBB as issued by Standard & Poor's or Aaa, Aa, A, or Baa as issued by Moody's; or meet all of the following five financial ratio thresholds: A ratio of total liabilities to net worth less than 2.0; a ratio of current assets to current liabilities greater than 1.5; a ratio of the sum of net income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; A ratio of current assets minus current liabilities to total assets greater than -0.1; and a net profit (revenues minus expenses) greater than 0.

f. An owner or operator who is not able to meet corporate financial test criteria may arrange a corporate guarantee by demonstrating that its corporate parent meets the financial test requirements on its behalf. The parent's demonstration that it meets the financial test requirement is insufficient if it has not also guaranteed to fulfill the obligations for the owner or operator.

g. An owner or operator may obtain an insurance policy to cover the estimated costs of geologic sequestration activities requiring financial responsibility. This insurance policy must be obtained from a third party provider.

B. The requirement to maintain adequate financial responsibility and resources is directly enforceable regardless of whether the requirement is a condition of the permit.

1. The owner or operator must maintain financial responsibility and resources until:

a. The Director receives and approves the completed post-injection site care and site closure plan; and

b. The Director approves site closure.

2. The owner or operator may be released from a financial instrument in the following circumstances:

a. The owner or operator has completed the phase of the geologic sequestration project for which the financial instrument was required and has fulfilled all its financial obligations as determined by the Director, including obtaining financial responsibility for the next phase of the geologic sequestration project, if required; or

b. The owner or operator has submitted a replacement financial instrument and received written approval from the Director accepting the new financial instrument and releasing the owner or operator from the previous financial instrument.

C. The owner or operator must have a detailed written estimate, in current dollars, of the cost of performing corrective action on wells in the area of review, plugging the injection well or wells, post-injection site care and site closure, and emergency and remedial response.

1. The cost estimate must be performed for each phase separately and must be based on the costs to the regulatory agency of hiring a third party to perform the required activities. A third party is a party who is not within the corporate structure of the owner or operator.

2. During the active life of the geologic sequestration project, the owner or operator must adjust the cost estimate for inflation within 60 days prior to the anniversary date of the establishment of the financial instrument or instruments used to comply with subsection (A) of this Section and provide this adjustment to the Director. The owner or operator must also provide to the Director written updates of adjustments to the cost estimate within 60 days of any amendments to the area of review and corrective action plan as required under R18-9-J659, the injection well plugging plan under R18-9-J667, the post-injection site care and site closure plan as required under R18-9-J668, and the emergency and remedial response plan as required under R18-9-J669.

3. The Director must approve any decrease or increase to the initial cost estimate. During the active life of the geologic sequestration project, the owner or operator must revise the cost estimate no later than 60 days after the Director has approved the request to modify the area of review and corrective action plan as required under R18-9-J659, the injection well plugging plan under R18-9-J667, the post-injection site care and site closure plan as required under R18-9-J668, and the emergency and response plan as required under R18-9-J669, if the change in the plan increases the cost. If the change to the plans decreases the cost, any withdrawal of funds must be approved by the Director. Any decrease to the value of the financial assurance instrument must first be approved by the Director. The revised cost estimate must be adjusted for inflation as specified at subsection (C)(2) of this Section.

4. Whenever the current cost estimate increases to an amount greater than the face amount of a financial instrument currently in use, the owner or operator, within 60 days after the increase, must either cause the face amount to be increased to an amount at least equal to the current cost estimate and submit evidence of such increase to the Director, or obtain other financial responsibility instruments to cover the increase. Whenever the current cost estimate decreases, the face amount of the financial assurance instrument may be reduced to the amount of the current cost estimate only after the owner or operator has received written approval from the Director.

D. The owner or operator must notify the Director by certified mail of adverse financial conditions such as bankruptcy that may affect the ability to carry out injection well plugging and post-injection site care and site closure.

1. In the event that the owner or operator or the third party provider of a financial responsibility instrument is going through a bankruptcy, the owner or operator must notify the Director by certified mail of the commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming the owner or operator as debtor, within 10 days after commencement of the proceeding.

2. A guarantor of a corporate guarantee must make such a notification to the Director if they are named as debtor, as required under the terms of the corporate guarantee.

3. An owner or operator who fulfills the requirements of subsection (A) of this Section by obtaining a trust fund, surety bond, letter of credit, escrow account, or insurance policy will be deemed to be without the required financial assurance in the event of bankruptcy of the trustee or issuing institution, or a suspension or revocation of the authority of the trustee institution to act as trustee of the institution issuing the trust fund, surety bond, letter of credit, escrow account, or insurance policy. The owner or operator must establish other financial assurance within 60 days after such an event.

E. The owner or operator must provide an adjustment of the cost estimate to the Director within 60 days of notification by the Director, if the Director determines during the annual evaluation of the qualifying financial responsibility instrument or instruments that the most recent demonstration is no longer adequate to cover the cost of corrective action as required under R18-9-J659, injection well plugging under R18-9-J667, post-injection site care and site closure as required under R18-9-J668, and emergency and remedial response as required under R18-9-J669.

F. The Director must approve the use and length of pay-in-periods for trust funds or escrow accounts.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J661 Class VI; Injection Well Construction Requirements

A. The owner or operator must ensure that all Class VI wells are constructed and completed to:

1. Prevent the movement of fluids into or between USDWs or into any unauthorized zones;

2. Permit the use of appropriate testing devices and workover tools; and

Permit continuous monitoring of the annulus space between the injection tubing and long string casing.

B. Casing and Cementing of Class VI Wells.

1. Casing and cement or other materials used in the construction of each Class VI well must have sufficient structural strength and be designed for the life of the geologic sequestration project. All well materials must be compatible with fluids with which the materials may be expected to come into contact and must meet or exceed standards developed for such materials by the American Petroleum Institute, ASTM International, or comparable standards acceptable to the Director. The casing and cementing program must be designed to prevent the movement of fluids into or between USDWs. In order to allow the Director to determine and specify casing and cementing requirements, the owner or operator must provide the following information:

a. Depth to the injection zone or zones;

b. Injection pressure, external pressure, internal pressure, and axial loading;

c. Hole size;

d. Size and grade of all casing strings (wall thickness, external diameter, nominal weight, length, joint specification, and construction material);

e. Corrosiveness of the carbon dioxide stream and formation fluids;

f. Down-hole temperatures;

g. Lithology of injection and confining zone or zones;

h. Type or grade of cement and cement additives; and

i. Quantity, chemical composition, and temperature of the carbon dioxide stream.

2. Surface casing must extend through the base of the lowermost USDW and be cemented to the surface through the use of a single or multiple strings of casing and cement.

3. At least one long string casing, using a sufficient number of centralizers, must extend to the injection zone and must be cemented by circulating cement to the surface in one or more stages.

4. Circulation of cement may be accomplished by staging. The Director may approve an alternative method of cementing in cases where the cement cannot be recirculated to the surface, provided the owner or operator can demonstrate by using logs that the cement does not allow fluid movement behind the well bore.

5. Cement and cement additives must be compatible with the carbon dioxide stream and formation fluids and of sufficient quality and quantity to maintain integrity over the design life of the geologic sequestration project. The integrity and location of the cement shall be verified using technology capable of evaluating cement quality radially and identifying the location of channels to ensure that USDWs are not endangered.

C. Tubing and packer.

1. Tubing and packer materials used in the construction of each Class VI well must be compatible with fluids with which the materials may be expected to come into contact and must meet or exceed standards developed for such materials by the American Petroleum Institute, ASTM International, or comparable standards acceptable to the Director.

2. All owners or operators of Class VI wells must inject fluids through tubing with a packer set at a depth opposite a cemented interval at the location approved by the Director.

3. In order for the Director to determine and specify requirements for tubing and packer, the owner or operator must submit the following information:

a. Depth of setting;

b. Characteristics of the carbon dioxide stream (chemical content, corrosiveness, temperature, and density) and formation fluids;

c. Maximum proposed injection pressure;

d. Maximum proposed annular pressure;

e. Proposed injection rate (intermittent or continuous) and volume and/or mass of the carbon dioxide stream;

f. Size of tubing and casing; and

g. Tubing tensile, burst, and collapse strengths.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J662 Class VI; Logging, Sampling, and Testing Prior to Well Operation

A. During the drilling and construction of a Class VI injection well, the owner or operator must run appropriate logs, surveys and tests to determine or verify the depth, thickness, porosity, permeability, and lithology of, and the salinity of any formation fluids in all relevant geologic formations to ensure conformance with the injection well construction requirements under R18-9-J661 and to establish accurate baseline data against which future measurements may be compared. The owner or operator must submit to the Director a descriptive report prepared by a knowledgeable log analyst that includes an interpretation of the results of such logs and tests. At a minimum, such logs and tests must include:

1. Deviation checks during drilling on all holes constructed by drilling a pilot hole which is enlarged by reaming or another method. Such checks must be at sufficiently frequent intervals to determine the location of the borehole and to ensure that vertical avenues for fluid movement in the form of diverging holes are not created during drilling; and

2. Before and upon installation of the surface casing:

a. Resistivity, spontaneous potential, and caliper logs before the casing is installed; and

b. A cement bond and variable density log to evaluate cement quality radially, and a temperature log after the casing is set and cemented.

3. Before and upon installation of the long string casing:

a. Resistivity, spontaneous potential, porosity, caliper, gamma ray, fracture finder logs, and any other logs the Director requires for the given geology before the casing is installed; and

b. A cement bond and variable density log, and a temperature log after the casing is set and cemented.

4. A series of tests designed to demonstrate the internal and external mechanical integrity of injection wells, which may include:

a. A pressure test with liquid or gas;

b. A tracer survey such as oxygen-activation logging;

c. A temperature or noise log;

d. A casing inspection log; and

5. Any alternative methods that provide equivalent or better information and that are required by and/or approved of by the Director.

B. The owner or operator must take whole cores or sidewall cores of the injection zone and confining system and formation fluid samples from the injection zone or zones, and must submit to the Director a detailed report prepared by a log analyst that includes: Well log analyses (including well logs), core analyses, and formation fluid sample information. The Director may accept information on cores from nearby wells if the owner or operator can demonstrate that core retrieval is not possible and that such cores are representative of conditions at the well. The Director may require the owner or operator to core other formations in the borehole.

C. The owner or operator must record the fluid temperature, pH, conductivity, reservoir pressure, and static fluid level of the injection zone or zones.

D. At a minimum, the owner or operator must determine or calculate the following information concerning the injection and confining zone or zones:

1. Fracture pressure;

2. Other physical and chemical characteristics of the injection and confining zone or zones; and

3. Physical and chemical characteristics of the formation fluids in the injection zone or zones.

E. Upon completion, but prior to operation, the owner or operator must conduct the following tests to verify hydrogeologic characteristics of the injection zone or zones:

1. A pressure fall-off test; and,

2. A pump test; or

3. Injectivity tests.

F. The owner or operator must provide the Director with the opportunity to witness all logging and testing by this Part. The owner or operator must submit a schedule of such activities to the Director 30 days prior to conducting the first test and submit any changes to the schedule 30 days prior to the next scheduled test.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J663 Class VI; Injection Well Operating Requirements

A. Except during stimulation, the owner or operator must ensure that injection pressure does not exceed 90 percent of the fracture pressure of the injection zone or zones so as to ensure that the injection does not initiate new fractures or propagate existing fractures in the injection zone or zones. In no case may injection pressure initiate fractures in the confining zone or zones or cause the movement of injection or formation fluids that endangers a USDW. Pursuant to requirements at R18-9-J657(B)(9), all stimulation programs must be approved by the Director as part of the permit application and incorporated into the permit.

B. Injection between the outermost casing protecting USDWs and the well bore is prohibited.

C. The owner or operator must fill the annulus between the tubing and the long string casing with a non-corrosive fluid approved by the Director. The owner or operator must maintain on the annulus a pressure that exceeds the operating injection pressure, unless the Director determines that such requirement might harm the integrity of the well or endanger USDWs.

D. Other than during periods of well workover (maintenance) approved by the Director in which the sealed tubing-casing annulus is disassembled for maintenance or corrective procedures, the owner or operator must maintain mechanical integrity of the injection well at all times.

E. The owner or operator must install and use:

Continuous recording devices to monitor: The injection pressure; the rate, volume and/or mass, and temperature of the carbon dioxide stream; and the pressure on the annulus between the tubing and the long string casing and annulus fluid volume; and

2. Alarms and automatic surface shut-off systems or, at the discretion of the Director, down-hole shut-off systems for onshore wells or, other mechanical devices that provide equivalent protection.

F. If a shutdown (such as down-hole or at the surface) is triggered or a loss of mechanical integrity is discovered, the owner or operator must immediately investigate and identify as expeditiously as possible the cause of the shutoff. If, upon such investigation, the well appears to be lacking mechanical integrity, or if monitoring required under subsection (E) of this Section otherwise indicates that the well may be lacking mechanical integrity, the owner or operator must:

1. Immediately cease injection;

2. Take all steps reasonably necessary to determine whether there may have been a release of the injected carbon dioxide stream or formation fluids into any unauthorized zone;

3. Notify the Director within 24 hours;

4. Restore and demonstrate mechanical integrity to the satisfaction of the Director prior to resuming injection; and

5. Notify the Director when injection can be expected to resume.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J664 Class VI; Mechanical Integrity

A. A Class VI well has mechanical integrity if:

1. There is no significant leak in the casing, tubing, or packer; and

2. There is no significant fluid movement into a USDW through channels adjacent to the injection well bore.

B. To evaluate the absence of significant leaks under subsection (A)(1) of this Section, owners or operators must, following an initial annulus pressure test, continuously monitor injection pressure, rate, injected volumes; pressure on the annulus between tubing and long-string casing; and annulus fluid volume as specified in R18-9-J663;

C. At least once per year, the owner or operator must use one of the following methods to determine the absence of significant fluid movement under subsection (A)(2) of this Section:

1. An approved tracer survey such as an oxygen-activation log; or

2. A temperature or noise log.

D. If required by the Director, at a frequency specified in the testing and monitoring plan required at R18-9-J665, the owner or operator must run a casing inspection log to determine the presence or absence of corrosion in the long-string casing.

E. The Director may require any other test to evaluate mechanical integrity under subsections (A)(1) or (A)(2) of this Section. Also, the Director may allow the use of a test to demonstrate mechanical integrity other than those listed above with the written approval of the Administrator. To obtain approval for a new mechanical integrity test, the Director must submit a written request to the Administrator setting forth the proposed test and all technical data supporting its use.

F. In conducting and evaluating the tests enumerated in this Section or others to be allowed by the Director, the owner or operator and the Director must apply methods and standards generally accepted in the industry. When the owner or operator reports the results of mechanical integrity tests to the Director, they shall include a description of the test or tests and the method or methods used. In making his/her evaluation, the Director must review monitoring and other test data submitted since the previous evaluation.

G. The Director may require additional or alternative tests if the results presented by the owner or operator under subsections (A) through (F) of this Section are not satisfactory to the Director to demonstrate that there is no significant leak in the casing, tubing, or packer, or to demonstrate that there is no significant movement of fluid into a USDW resulting from the injection activity as stated in subsections (A)(1) and (A)(2) of this Section.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J665 Class VI; Testing and Monitoring Requirements

The owner or operator of a Class VI well must prepare, maintain, and comply with a testing and monitoring plan to verify that the geologic sequestration project is operating as permitted and is not endangering USDWs. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The testing and monitoring plan must be submitted with the permit application, for Director approval, and must include a description of how the owner or operator will meet the requirements of this Section, including accessing sites for all necessary monitoring and testing during the life of the project. Testing and monitoring associated with geologic sequestration projects must, at a minimum, include:

1. Analysis of the carbon dioxide stream with sufficient frequency to yield data representative of its chemical and physical characteristics;

2. Installation and use, except during well workovers as defined in R18-9-J663, of continuous recording devices to monitor injection pressure, rate, and volume; the pressure on the annulus between the tubing and the long string casing; and the annulus fluid volume added;

3. Corrosion monitoring of the well materials for loss of mass, thickness, cracking, pitting, and other signs of corrosion, which must be performed on a quarterly basis to ensure that the well components meet the minimum standards for material strength and performance set forth in R18-9-J661, by:

a. Analyzing coupons of the well construction materials placed in contact with the carbon dioxide stream; or

b. Routing the carbon dioxide stream through a loop constructed with the material used in the well and inspecting the materials in the loop; or

c. Using an alternative method approved by the Director;

4. Periodic monitoring of the ground water quality and geochemical changes above the confining zone or zones that may be a result of carbon dioxide movement through the confining zone or zones or additional identified zones including:

a. The location and number of monitoring wells based on specific information about the geologic sequestration project, including injection rate and volume, geology, the presence of artificial penetrations, and other factors; and

b. The monitoring frequency and spatial distribution of monitoring wells based on baseline geochemical data that has been collected under R18-9-J657 and on any modeling results in the area of review evaluation required by R18-9-J659(C).

5. A demonstration of external mechanical integrity pursuant to R18-9-J664(C) at least once per year until the injection well is plugged; and, if required by the Director, a casing inspection log pursuant to requirements under R18-9-J664(D) at a frequency established in the testing and monitoring plan;

6. A pressure fall-off test at least once every five years unless more frequent testing is required by the Director based on site-specific information;

Testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure (e.g., the pressure front) by using:

a. Direct methods in the injection zone or zones; and,

b. Indirect methods (e.g., seismic, electrical, gravity, or electromagnetic surveys and/or down-hole carbon dioxide detection tools), unless the Director determines, based on site-specific geology, that such methods are not appropriate;

8. The Director may require surface air monitoring and/or soil gas monitoring to detect movement of carbon dioxide that could endanger a USDW.

a. Design of Class VI surface air and/or soil gas monitoring must be based on potential risks to USDWs within the area of review;

b. The monitoring frequency and spatial distribution of surface air monitoring and/or soil gas monitoring must be decided using baseline data, and the monitoring plan must describe how the proposed monitoring will yield useful information on the area of review delineation and/or compliance with standards under R18-9-B608;

c. If an owner or operator demonstrates that monitoring employed under 40 CFR §§ 98.440 to 98.449 (Clean Air Act, 42 U.S.C. 7401 et seq.) accomplishes the goals of subsections (A)(8)(a) and (b) of this Section, and meets the requirements pursuant to R18-9-J666(3)(e), a Director that requires surface air/soil gas monitoring must approve the use of monitoring employed under 40 CFR §§ 98.440 to 98.449. Compliance with 40 CFR §§ 98.440 to 98.449 pursuant to this provision is considered a condition of the Class VI permit;

9. Any additional monitoring, as required by the Director, necessary to support, upgrade, and improve computational modeling of the area of review evaluation required under R18-9-J659(C) and to determine compliance with standards under R18-9-B608;

10. The owner or operator shall periodically review the testing and monitoring plan to incorporate monitoring data collected under this Part, operational data collected under R18-9-J663, and the most recent area of review reevaluation performed under R18-9-J659(E) . In no case shall the owner or operator review the testing and monitoring plan less often than once every five years. Based on this review, the owner or operator shall submit an amended testing and monitoring plan or demonstrate to the Director that no amendment to the testing and monitoring plan is needed. Any amendments to the testing and monitoring plan must be approved by the Director, must be incorporated into the permit, and are subject to the permit modification requirements under R18-9-C632 or R18-9-C633, as appropriate. Amended plans or demonstrations shall be submitted to the Director as follows:

a. Within one year of an area of review reevaluation;

b. Following any significant changes to the facility, such as addition of monitoring wells or newly permitted injection wells within the area of review, on a schedule determined by the Director; or

c. When required by the Director.

11. A quality assurance and surveillance plan for all testing and monitoring requirements.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J666 Class VI; Reporting Requirements

The owner or operator must provide at a minimum, the following reports to the Director, and as specified in subsection (5) of this Section to EPA, for each permitted Class VI well:

1. Semi-annual reports containing:

a. Any changes to the physical, chemical, and other relevant characteristics of the carbon dioxide stream from the proposed operating data;

b. Monthly average, maximum, and minimum values for injection pressure, flow rate and volume, and annular pressure;

c. A description of any event that exceeds operating parameters for annulus pressure or injection pressure specified in the permit;

d. A description of any event which triggers a shut-off device required pursuant to R18-9-J663(E) and the response taken;

e. The monthly volume and/or mass of the carbon dioxide stream injected over the reporting period and the volume injected cumulatively over the life of the project;

f. Monthly annulus fluid volume added; and

g. The results of monitoring prescribed under R18-9-J665.

2. Report, within 30 days, the results of:

a. Periodic tests of mechanical integrity;

b. Any well workover; and,

c. Any other test of the injection well conducted by the permittee if required by the Director.

3. Report, within 24 hours:

a. Any evidence that the injected carbon dioxide stream or associated pressure front may cause an endangerment to a USDW;

b. Any noncompliance with a permit condition, or malfunction of the injection system, which may cause fluid migration into or between USDWs;

c. Any triggering of a shut-off system (i.e., down-hole or at the surface);

d. Any failure to maintain mechanical integrity; or

e. Pursuant to compliance with the requirement at R18-9-J665(8) for surface air/soil gas monitoring or other monitoring technologies, if required by the Director, any release of carbon dioxide to the atmosphere or biosphere.

4. Owners or operators must notify the Director in writing 30 days in advance of:

a. Any planned well workover;

b. Any planned stimulation activities, other than stimulation for formation testing conducted under R18-9-J657; and

c. Any other planned test of the injection well conducted by the permittee.

5. Owners or operators must submit all required reports, submittals, and notifications under Part J of this Article to EPA in an electronic format approved by EPA.

6. Records shall be retained by the owner or operator as follows:

a. All data collected under R18-9-J657 for Class VI permit applications shall be retained throughout the life of the geologic sequestration project and for 10 years following site closure.

b. Data on the nature and composition of all injected fluids collected pursuant to R18-9-J665(1) shall be retained until 10 years after site closure. The Director may require the owner or operator to deliver the records to the Director at the conclusion of the retention period.

c. Monitoring data collected pursuant to R18-9-J665(2) through (9) shall be retained for 10 years after it is collected.

d. Well plugging reports, post-injection site care data, including, if appropriate, data and information used to develop the demonstration of the alternative post-injection site care timeframe, and the site closure report collected pursuant to requirements at R18-9-J668(F) and (H) shall be retained for 10 years following site closure.

e. The Director has authority to require the owner or operator to retain any records required in this Part for longer than 10 years after site closure.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J667 Class VI; Injection Well Plugging

A. Prior to the well plugging, the owner or operator must flush each Class VI injection well with a buffer fluid, determine bottomhole reservoir pressure, and perform a final external mechanical integrity test.

B. The owner or operator of a Class VI well must prepare, maintain, and comply with a plan that is acceptable to the Director. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit. The well plugging plan must be submitted as part of the permit application and must include the following information:

1. Appropriate tests or measures for determining bottomhole reservoir pressure;

2. Appropriate testing methods to ensure external mechanical integrity as specified in R18-9-J664;

3. The type and number of plugs to be used;

4. The placement of each plug, including the elevation of the top and bottom of each plug;

5. The type, grade, and quantity of material to be used in plugging. The material must be compatible with the carbon dioxide stream; and

6. The method of placement of the plugs.

C. The owner or operator must notify the Director in writing pursuant to R18-9-J666(5), at least 60 days before plugging of a well. At this time, if any changes have been made to the original well plugging plan, the owner or operator must also provide the revised well plugging plan. The Director may allow for a shorter notice period. Any amendments to the injection well plugging plan must be approved by the Director, must be incorporated into the permit, and are subject to the permit modification requirements at R18-9-C632 or R18-9-C633, as appropriate.

D. Within 60 days after plugging, the owner or operator must submit, pursuant to R18-9-J666(5), a plugging report to the Director. The report must be certified as accurate by the owner or operator and by the person who performed the plugging operation, if other than the owner or operator. The owner or operator shall retain the well plugging report for 10 years following site closure.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J668 Class VI; Post-Injection Site Care and Site Closure

A. The owner or operator of a Class VI well must prepare, maintain, and comply with a plan for post-injection site care and site closure that meets the requirements of subsection (A)(2) of this Section and is acceptable to the Director. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit.

1. The owner or operator must submit the post-injection site care and site closure plan as a part of the permit application to be approved by the Director.

2. The post-injection site care and site closure plan must include the following information:

a. The pressure differential between pre-injection and predicted post-injection pressures in the injection zone or zones;

b. The predicted position of the carbon dioxide plume and associated pressure front at site closure as demonstrated in the area of review evaluation required under R18-9-J659(C)(1);

c. A description of post-injection monitoring location, methods, and proposed frequency;

d. A proposed schedule for submitting post-injection site care monitoring results to the Director pursuant to R18-9-J666(5); and

e. The duration of the post-injection site care timeframe and, if approved by the Director, the demonstration of the alternative post-injection site care timeframe that ensures non-endangerment of USDWs.

3. Upon cessation of injection, owners or operators of Class VI wells must either submit an amended post-injection site care and site closure plan or demonstrate to the Director through monitoring data and modeling results that no amendment to the plan is needed. Any amendments to the post-injection site care and site closure plan must be approved by the Director, be incorporated into the permit, and are subject to the permit modification requirements at R18-9-C632 or R18-9-C633, as appropriate.

4. At any time during the life of the geologic sequestration project, the owner or operator may modify and resubmit the post-injection site care and site closure plan for the Director's approval within 30 days of such change.

B. The owner or operator shall monitor the site following the cessation of injection to show the position of the carbon dioxide plume and pressure front and demonstrate that USDWs are not being endangered.

1. Following the cessation of injection, the owner or operator shall continue to conduct monitoring as specified in the Director-approved post-injection site care and site closure plan for at least 50 years or for the duration of the alternative timeframe approved by the Director pursuant to requirements in subsection (C) of this Section, unless they make a demonstration under subsection (B)(2) of this Section. The monitoring must continue until the geologic sequestration project no longer poses an endangerment to USDWs and the demonstration under subsection (B)(2) of this Section is submitted and approved by the Director.

2. If the owner or operator can demonstrate to the satisfaction of the Director before 50 years or prior to the end of the approved alternative timeframe based on monitoring and other site-specific data, that the geologic sequestration project no longer poses an endangerment to USDWs, the Director may approve an amendment to the post-injection site care and site closure plan to reduce the frequency of monitoring or may authorize site closure before the end of the 50-year period or prior to the end of the approved alternative timeframe, where they have substantial evidence that the geologic sequestration project no longer poses a risk of endangerment to USDWs.

3. Prior to authorization for site closure, the owner or operator must submit to the Director for review and approval a demonstration, based on monitoring and other site-specific data, that no additional monitoring is needed to ensure that the geologic sequestration project does not pose an endangerment to USDWs.

4. If the demonstration in subsection (B)(3) of this Section cannot be made at the end of the 50-year period or at the end of the approved alternative timeframe, or if the Director does not approve the demonstration, the owner or operator must submit to the Director a plan to continue post-injection site care until a demonstration can be made and approved by the Director.

C. At the Director's discretion, the Director may approve, in consultation with EPA, an alternative post-injection site care timeframe other than the 50-year default, if an owner or operator can demonstrate during the permitting process that an alternative post-injection site care timeframe is appropriate and ensures non-endangerment of USDWs. The demonstration must be based on significant, sitespecific data and information including all data and information collected pursuant to R18-9-J657 or R18-9-J658, and must contain substantial evidence that the geologic sequestration project will no longer pose a risk of endangerment to USDWs at the end of the alternative post-injection site care timeframe.

1. A demonstration of an alternative post-injection site care timeframe must include consideration and documentation of:

a. The results of computational modeling performed pursuant to delineation of the area of review under R18-9-J659;

b. The predicted timeframe for pressure decline within the injection zone, and any other zones, such that formation fluids may not be forced into any USDWs; and/or the timeframe for pressure decline to pre-injection pressures;

c. The predicted rate of carbon dioxide plume migration within the injection zone, and the predicted timeframe for the cessation of migration;

d. A description of the site-specific processes that will result in carbon dioxide trapping including immobilization by capillary trapping, dissolution, and mineralization at the site;

e. The predicted rate of carbon dioxide trapping in the immobile capillary phase, dissolved phase, and/or mineral phase;

f. The results of laboratory analyses, research studies, and/or field or site-specific studies to verify the information required in subsection (C)(1)(d) and (C)(1)(e) of this Section;

g. A characterization of the confining zone or zones including a demonstration that it is free of transmissive faults, fractures, and micro-fractures and of appropriate thickness, permeability, and integrity to impede fluid movement, such as carbon dioxide and formation fluids;

h. The presence of potential conduits for fluid movement including planned injection wells and project monitoring wells associated with the proposed geologic sequestration project or any other projects in proximity to the predicted/modeled, final extent of the carbon dioxide plume and area of elevated pressure;

i. A description of the well construction and an assessment of the quality of plugs of all abandoned wells within the area of review;

j. The distance between the injection zone and the nearest USDWs above and/or below the injection zone; and

k. Any additional site-specific factors required by the Director.

2. Information submitted to support the demonstration in subsection (C)(1) of this Section must meet the following criteria:

a. All analyses and tests performed to support the demonstration must be accurate, reproducible, and performed in accordance with the established quality assurance standards;

b. Estimation techniques must be appropriate and EPA-certified test protocols must be used where available;

c. Predictive models must be appropriate and tailored to the site conditions, composition of the carbon dioxide stream and injection and site conditions over the life of the geologic sequestration project;

d. Predictive models must be calibrated using existing information where sufficient data are available;

e. Reasonably conservative values and modeling assumptions must be used and disclosed to the Director whenever values are estimated on the basis of known, historical information instead of site-specific measurements;

f. An analysis must be performed to identify and assess aspects of the alternative post-injection site care timeframe demonstration that contribute significantly to uncertainty. The owner or operator must conduct sensitivity analyses to determine the effect that significant uncertainty may contribute to the modeling demonstration;

g. An approved quality assurance and quality control plan must address all aspects of the demonstration; and

h. Any additional criteria required by the Director.

D. The owner or operator must notify the Director in writing at least 120 days before site closure. At this time, if any changes have been made to the original post-injection site care and site closure plan, the owner or operator must also provide the revised plan. The Director may allow for a shorter notice period.

E. After the Director has authorized site closure, the owner or operator must plug all monitoring wells in a manner which will not allow movement of injection or formation fluids that endangers a USDW.

F. The owner or operator must submit a site closure report to the Director within 90 days of site closure, which must thereafter be retained at a location designated by the Director for 10 years. The report must include:

1. Documentation of appropriate injection and monitoring well plugging as specified in R18-9-J667 and subsection (E) of this Section. The owner or operator must provide a copy of a survey plat which has been submitted to the local zoning authority designated by the Director. The plat must indicate the location of the injection well relative to permanently surveyed benchmarks. The owner or operator must also submit a copy of the plat to the Administrator of EPA Region 9;

2. Documentation of appropriate notification and information to such State, local and Tribal authorities that have authority over drilling activities to enable such State, local, and Tribal authorities to impose appropriate conditions on subsequent drilling activities that may penetrate the injection and confining zone or zones; and

3. Records reflecting the nature, composition, and volume of the carbon dioxide stream.

G. Each owner or operator of a Class VI injection well must record a notation on the deed to the facility property or any other document that is normally examined during Title search that will in perpetuity provide any potential purchaser of the property the following information:

1. The fact that land has been used to sequester carbon dioxide;

2. The name of the State agency, local authority, and/or Tribe with which the survey plat was filed, as well as the address of the Environmental Protection Agency Regional Office to which it was submitted; and

3. The volume of fluid injected, the injection zone or zones into which it was injected, and the period over which injection occurred.

H. The owner or operator must retain for 10 years following site closure, records collected during the post-injection site care period. The owner or operator must deliver the records to the Director at the conclusion of the retention period, and the records must thereafter be retained at a location designated by the Director for that purpose.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J669 Class VI; Emergency and Remedial Response

A. As part of the permit application, the owner or operator must provide the Director with an emergency and remedial response plan that describes actions the owner or operator must take to address movement of the injection or formation fluids that may cause an endangerment to a USDW during construction, operation, and post-injection site care periods. The requirement to maintain and implement an approved plan is directly enforceable regardless of whether the requirement is a condition of the permit.

B. If the owner or operator obtains evidence that the injected carbon dioxide stream and associated pressure front may cause an endangerment to a USDW, the owner or operator must:

1. Immediately cease injection;

2. Take all steps reasonably necessary to identify and characterize any release;

3. Notify the Director within 24 hours; and

4. Implement the emergency and remedial response plan approved by the Director.

C. The Director may allow the operator to resume injection prior to remediation if the owner or operator demonstrates that the injection operation will not endanger USDWs.

D. The owner or operator shall periodically review the emergency and remedial response plan developed under subsection (A) of this Section. In no case shall the owner or operator review the emergency and remedial response plan less often than once every five years. Based on this review, the owner or operator shall submit an amended emergency and remedial response plan or demonstrate to the Director that no amendment to the emergency and remedial response plan is needed. Any amendments to the emergency and remedial response plan must be approved by the Director, must be incorporated into the permit, and are subject to the permit modification requirements at R18-9-C632 or R18-9-C633, as appropriate. Amended plans or demonstrations shall be submitted to the Director as follows:

1. Within one year of an area of review reevaluation;

2. Following any significant changes to the facility, such as addition of injection or monitoring wells, on a schedule determined by the Director; or

3. When required by the Director.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Ariz. Admin. Code § R18-9-J670 Class VI; Injection Depth Waiver Requirements

A. This Section sets forth information which an owner or operator seeking a waiver of the Class VI injection depth requirements must submit to the Director; information the Director must consider in consultation with all affected Public Water System Supervision Directors; the procedure for Director-- Administrator communication and waiver issuance; and the additional requirements that apply to owners or operators of Class VI wells granted a waiver of the injection depth requirements.

B. In seeking a waiver of the requirement to inject below the lowermost USDW, the owner or operator must submit a supplemental report concurrent with permit application. The supplemental report must include the following:

1. A demonstration that the injection zone or zones is/are laterally continuous, is not a USDW, and is not hydraulically connected to USDWs; does not outcrop; has adequate injectivity, volume, and sufficient porosity to safely contain the injected carbon dioxide and formation fluids; and has appropriate geochemistry.

2. A demonstration that the injection zone or zones is/are bounded by laterally continuous, impermeable confining units above and below the injection zone or zones adequate to prevent fluid movement and pressure buildup outside of the injection zone or zones; and that the confining unit or units is/are free of transmissive faults and fractures. The report shall further characterize the regional fracture properties and contain a demonstration that such fractures will not interfere with injection, serve as conduits, or endanger USDWs.

3. A demonstration, using computational modeling, that USDWs above and below the injection zone will not be endangered as a result of fluid movement. This modeling should be conducted in conjunction with the area of review determination, as described in R18-9-J659, and is subject to requirements, as described in R18-9-J659(C), and periodic reevaluation, as described in R18-9-J659(E).

4. A demonstration that well design and construction, in conjunction with the waiver, will ensure isolation of the injectate in lieu of requirements at R18-9-J661(A)(1) and will meet well construction requirements in subsection (G) of this Section.

5. A description of how the monitoring and testing and any additional plans will be tailored to the geologic sequestration project to ensure protection of USDWs above and below the injection zone or zones, if a waiver is granted.

6. Information on the location of all the public water supplies affected, reasonably likely to be affected, or served by USDWs in the area of review.

7. Any other information requested by the Director to inform the Administrator's decision to issue a waiver.

C. To inform the Administrator's decision on whether to grant a waiver of the injection depth requirements at R18-9-A604 and R18-9-J661(A)(1), the Director must submit, to the Administrator, documentation of the following:

1. An evaluation of the following information as it relates to siting, construction, and operation of a geologic sequestration project with a waiver:

a. The integrity of the upper and lower confining units;

b. The suitability of the injection zone or zones, such as lateral continuity, lack of transmissive faults and fractures, knowledge of current or planned artificial penetrations into the injection zone or zones, or formations below the injection zone;

c. The potential capacity of the geologic formation or formations to sequester carbon dioxide, accounting for the availability of alternative injection sites;

d. All other site characterization data, the proposed emergency and remedial response plan, and a demonstration of financial responsibility;

e. Community needs, demands, and supply from drinking water resources;

f. Planned needs, potential and/or future use of USDWs and non-USDWs in the area;

g. Planned or permitted water, hydrocarbon, or mineral resource exploitation potential of the proposed injection formation or formations and other formations both above and below the injection zone to determine if there are any plans to drill through the formation to access resources in or beneath the proposed injection zone or zones/formation or formations;

h. The proposed plan for securing alternative resources or treating USDW formation waters in the event of contamination related to the Class VI injection activity; and,

i. Any other applicable considerations or information requested by the Director.

2. Consultation with the Public Water System Supervision Directors of all States and Tribes having jurisdiction over lands within the area of review of a well for which a waiver is sought.

3. Any written waiver-related information submitted by the Public Water System Supervision Director or Directors to the (UIC) Director.

D. Pursuant to requirements at R18-9-C620 and concurrent with the Class VI permit application notice process, the Director shall give public notice that a waiver application has been submitted. The notice shall clearly state:

1. The depth of the proposed injection zone or zones;

2. The location of the injection well or wells;

3. The name and depth of all USDWs within the area of review;

4. A map of the area of review;

5. The names of any public water supplies affected, reasonably likely to be affected, or served by USDWs in the area of review; and,

6. The results of UIC-Public Water System Supervision consultation required under subsection (C)(2) of this Section.

E. Following public notice, the Director shall provide all information received through the waiver application process to the Administrator. Based on the information provided, the Administrator shall provide written concurrence or non-concurrence regarding waiver issuance.

1. If the Administrator determines that additional information is required to support a decision, the Director shall provide the information. At the Administrator's discretion, they may require that public notice of the new information be initiated.

2. In no case shall a Director of a State-approved program issue a waiver without receipt of written concurrence from the Administrator.

F. If a waiver is issued, within 30 days of waiver issuance, EPA shall post the following information on the Office of Water's Web site:

1. The depth of the proposed injection zone or zones;

2. The location of the injection well or wells;

3. The name and depth of all USDWs within the area of review;

A map of the area of review;

5. The names of any public water supplies affected, reasonably likely to be affected, or served by USDWs in the area of review; and

6. The date of waiver issuance.

G. Upon receipt of a waiver of the requirement to inject below the lowermost USDW for geologic sequestration, the owner or operator of the Class VI well must comply with:

1. All requirements at R18-9-J659, R18-9-J660, R18-9-J662, R18-9-J663, R18-9-J664, R18-9-J666, R18-9-J667, and R18-9-J669;

2. All requirements at R18-9-J661 with the following modified requirements:

a. The owner or operator must ensure that Class VI wells with a waiver are constructed and completed to prevent movement of fluids into any unauthorized zones including USDWs, in lieu of requirements at R18-9-J661(A)(1).

b. The casing and cementing program must be designed to prevent the movement of fluids into any unauthorized zones including USDWs in lieu of requirements at R18-9-J661(B)(1).

c. The surface casing must extend through the base of the nearest USDW directly above the injection zone and be cemented to the surface; or, at the Director's discretion, another formation above the injection zone and below the nearest USDW above the injection zone.

3. All requirements at R18-9-J665 with the following modified requirements:

a. The owner or operator shall monitor the groundwater quality, geochemical changes, and pressure in the first USDWs immediately above and below the injection zone or zones; and in any other formations at the discretion of the Director.

b. Testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure by using direct methods to monitor for pressure changes in the injection zone or zones; and, indirect methods (such as seismic, electrical, gravity, or electromagnetic surveys and/or down-hole carbon dioxide detection tools), unless the Director determines, based on site-specific geology, that such methods are not appropriate.

4. All requirements at R18-9-J668 with the following, modified post-injection site care monitoring requirements:

a. The owner or operator shall monitor the groundwater quality, geochemical changes and pressure in the first USDWs immediately above and below the injection zone; and in any other formations at the discretion of the Director.

b. Testing and monitoring to track the extent of the carbon dioxide plume and the presence or absence of elevated pressure by using direct methods in the injection zone or zones; and indirect methods, unless the Director determines based on site-specific geology, that such methods are not appropriate.

5. Any additional requirements requested by the Director designed to ensure protection of USDWs above and below the injection zone or zones.

History

• New Section made by final rulemaking at 28 A.A.R. 1904, effective 9/6/2022.

Chapter 10 [REPEALED]

Article 1 REPEALED

Ariz. Admin. Code § R18-10-101 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-102 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-103 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-104 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-105 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-106 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-107 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-108 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-109 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-110 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-111 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-112 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-113 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-114 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective September 23, 1997 (Supp. 97-3).

Ariz. Admin. Code § R18-10-115 [REPEALED]

History

• Adopted effective May 31, 1991 (Supp. 91-2). Repealed effective September 23, 1997 (Supp. 97-3).

Chapter 11 DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY STANDARDS

Article 1 WATER QUALITY STANDARDS FOR SURFACE WATERS

Ariz. Admin. Code § R18-11-101 Definitions

The following terms apply to this Article:

1. "Acute toxicity" means toxicity involving a stimulus severe enough to induce a rapid response. In aquatic toxicity tests, an effect observed in 96 hours or less is considered acute.

2. "Agricultural irrigation (AgI)" means the use of a surface water for crop irrigation.

3. "Agricultural livestock watering (AgL)" means the use of a surface water as a water supply for consumption by livestock.

4. "Annual mean" is the arithmetic mean of monthly values determined over a consecutive 12-month period, provided that monthly values are determined for at least three months. A monthly value is the arithmetic mean of all values determined in a calendar month.

5. "Aquatic and wildlife (cold water) (A&Wc)" means the use of a surface water by animals, plants, or other coldwater organisms, generally occurring at an elevation greater than 5000 feet, for habitation, growth, or propagation.

6. "Aquatic and wildlife (effluent-dependent water) (A&Wedw)" means the use of an effluent-dependent water by animals, plants, or other organisms for habitation, growth, or propagation.

7. "Aquatic and wildlife (ephemeral) (A&We)" means the use of an ephemeral water by animals, plants, or other organisms, excluding fish, for habitation, growth, or propagation.

8. "Aquatic and wildlife (warm water) (A&Ww)" means the use of a surface water by animals, plants, or other warmwater organisms, generally occurring at an elevation less than 5000 feet, for habitation, growth, or propagation.

9. "Arizona Pollutant Discharge Elimination System (AZPDES)" means the point source discharge permitting program established under A.R.S. § 49-255, et seq., and 18 A.A.C. 9, Article 9.

10. "Assimilative capacity" means the difference between the baseline water quality concentration for a pollutant and the most stringent applicable water quality criterion for that pollutant.

11. "Clean Water Act" means the Federal Water Pollution Control Act [33 U.S.C. 1251 to 1387] .

12. "Complete Mixing" means the location at which concentration of a pollutant across a transect of a surface water differs by less than five percent.

"Criteria" means elements of water quality standards that are expressed as pollutant concentrations, levels, or narrative statements representing a water quality that supports a designated use.

14. "Critical flow conditions of the discharge" means the hydrologically based discharge flow averages that the director uses to calculate and implement applicable water quality criteria to a mixing zone's receiving water as follows:

a. For acute aquatic water quality standard criteria, the discharge flow critical condition is represented by the maximum one-day average flow analyzed over a reasonably representative timeframe.

b. For chronic aquatic water quality standard criteria, the discharge flow critical flow condition is represented by the maximum monthly average flow analyzed over a reasonably representative timeframe.

c. For human health based water quality standard criteria, the discharge flow critical condition is the longterm arithmetic mean flow, averaged over several years so as to simulate long-term exposure.

15. "Critical flow conditions of the receiving water" means the hydrologically based receiving water low flow averages that the director uses to calculate and implement applicable water quality criteria:

a. For acute aquatic water quality standard criteria, the receiving water critical condition is represented as the lowest one-day average flow event expected to occur once every ten years, on average (1Q10).

b. For chronic aquatic water quality standard criteria, the receiving water critical flow condition is represented as the lowest seven-consecutive-day average flow expected to occur once every 10 years, on average (7Q10), or

c. For human health based water quality standard criteria, in order to simulate long-term exposure, the receiving water critical flow condition is the harmonic mean flow.

16. "Deep lake" means a lake or reservoir with an average depth of more than 6 meters.

17. "Designated use" means a use specified in Appendix B of this Article for a surface water.

18. "Domestic water source (DWS)" means the use of a surface water as a source of potable water. Treatment of a surface water may be necessary to yield a finished water suitable for human consumption.

"Effluent-dependent water (EDW)" means a surface water or portion of a surface water, that consists of a point source discharge without which the surface water would be ephemeral. An effluent-dependent water may be perennial or intermittent depending on the volume and frequency of the point source discharge of treated wastewater.

20. "Ephemeral water" means a surface water or portion of surface water that flows or pools only in direct response to precipitation.

21. "Existing use" means a use attained in the waterbody on or after November 28, 1975, whether or not it is included in the water quality standards.

22. "Fish consumption (FC)" means the use of a surface water by humans for harvesting aquatic organisms for consumption. Harvestable aquatic organisms include, but are not limited to, fish, clams, turtles, crayfish, and frogs.

"Full-body contact (FBC)" means the use of a surface water for swimming or other recreational activity that causes the human body to come into direct contact with the water to the point of complete submergence. The use is such that ingestion of the water is likely and sensitive body organs, such as the eyes, ears, or nose, may be exposed to direct contact with the water.

24. "Geometric mean" means the nth root of the product of n items or values. The geometric mean is calculated using the following formula:

Click here to view

"Hardness" means the sum of the calcium and magnesium concentrations, expressed as calcium carbonate (CaCO3) in milligrams per liter.

26. "Igneous lake" means a lake located in volcanic, basaltic, or granite geology and soils.

27. "Intermittent water" means a surface water or portion of surface water that flows continuously during certain times of the year and more than in direct response to precipitation, such as when it receives water from a spring, elevated groundwater table or another surface source, such as melting snowpack.

28. "Mixing zone" means an area or volume of a surface water that is contiguous to a point source discharge where dilution of the discharge takes place.

"Oil" means petroleum in any form, including crude oil, gasoline, fuel oil, diesel oil, lubricating oil, or sludge.

30. "Outstanding Arizona water (OAW)" means a surface water that is classified as an outstanding state resource water by the Director under R18-11-112.

31. "Partial-body contact (PBC)" means the recreational use of a surface water that may cause the human body to come into direct contact with the water, but normally not to the point of complete submergence (for example, wading or boating). The use is such that ingestion of the water is not likely and sensitive body organs, such as the eyes, ears, or nose, will not normally be exposed to direct contact with the water.

32. "Perennial water" means a surface water or portion of surface water that flows continuously throughout the year.

33. "Pollutant" means fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and mining, industrial, municipal, and agricultural wastes or any other liquid, solid, gaseous, or hazardous substance. A.R.S § 49-201(35).

34. "Pollutant Minimization Program" means a structured set of activities to improve processes and pollutant controls that will prevent and reduce pollutant loadings.

35. "Practical quantitation limit" means the lowest level of quantitative measurement that can be reliably achieved during a routine laboratory operation.

"Reference condition" means a set of abiotic physical stream habitat, water quality, and site selection criteria established by the Director that describe the typical characteristics of stream sites in a region that are least disturbed by environmental stressors. Reference biological assemblages of macroinvertebrates and algae are collected from these reference condition streams for calculating the Arizona Indexes of Biological Integrity thresholds.

37. "Regional Administrator" means the Regional Administrator of Region IX of the U.S. Environmental Protection Agency.

38. "Regulated discharge" means a point-source discharge regulated under an AZPDES permit, a discharge regulated by a § 404 permit, and any discharge authorized by a federal permit or license that is subject to state water quality certification under § 401 of the Clean Water Act.

39. "Riffle habitat" means a stream segment where moderate water velocity and substrate roughness produce moderately turbulent conditions that break the surface tension of the water and may produce breaking wavelets that turn the surface water into white water.

40. "Run habitat" means a stream segment where there is moderate water velocity that does not break the surface tension of the water and does not produce breaking wavelets that turn the surface water into white water.

41. "Sedimentary lake" means a lake or reservoir in sedimentary or karst geology and soils.

42. "Shallow lake" means a lake or reservoir, excluding an urban lake, with a smaller, flatter morphology and an average depth of less than 3 meters and a maximum depth of less than 4 meters.

43. Significant degradation" means:

a. The consumption of 20 percent or more of the available assimilative capacity for a pollutant of concern at critical flow conditions, or

b. Any consumption of assimilative capacity beyond the cumulative cap of 50 percent of assimilative capacity.

44. "Surface water" means "WOTUS" as defined in A.R.S. § 49-201(53).

45. "Total nitrogen" means the sum of the concentrations of ammonia (NH3), ammonium ion (NH4+), nitrite (NO2), and nitrate (NO3), and dissolved and particulate organic nitrogen expressed as elemental nitrogen.

46. "Total phosphorus" means all of the phosphorus present in a sample, regardless of form, as measured by a persulfate digestion procedure.

47. "Toxic" means a pollutant or combination of pollutants, that after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through food chains, may cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations in the organism or its offspring.

"Urban lake" means a manmade lake within an urban landscape.

49. "Use attainability analysis" means a structured scientific assessment of the factors affecting the attainment of a designated use including physical, chemical, biological, and economic factors.

50. "Variance" means a time-limited designated use and criterion for a specific pollutant or pollutants or water quality parameter or parameters that reflect the highest attainable condition during the term of the variance.

51. "Wadable" means a surface water can be safely crossed on foot and sampled without a boat.

52. "Wastewater" does not mean:

a. Stormwater,

b. Discharges authorized under a De Minimis General Permit, or

c. Other allowable non-stormwater discharges permitted under a Construction General Permit or Multi-sector General Permit, or Stormwater discharges from a municipal separate storm sewer system (MS4) containing incidental amounts of non-stormwater that the MS4 is not required to prohibit.

53. "Wetland" means an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. A wetland includes a swamp, marsh, bog, cienega, tinaja, and similar areas.

54. "Zone of initial dilution" means a small area in the immediate vicinity of an outfall structure in which turbulence is high and causes rapid mixing with the surrounding water.

History

• Former Section R9-21-101 repealed, new Section R9-21-101 adopted effective January 29, 1980 (Supp. 80-1). Amended effective April 17, 1984 (Supp. 84-2). Amended effective January 7, 1985 (Supp. 85-1). Amended by adding subsection (C) effective August 12, 1986 (Supp. 86-4). Former Section R9-21-101 renumbered without change as Section R18-11-101 (Supp. 87-3). Former Section R18-11-101 repealed, new Section R18-11-101 adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Deleted first definition to R18-11-101(32)"Navigable Water", previously printed in error (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 9 A.A.R. 716, effective April 8, 2003 (Supp. 03-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 25 A.A.R. 2515, effective 9/10/2019. Amended by final rulemaking at 29 A.A.R. 302, effective 2/20/2023. Amended by final expedited rulemaking at 31 A.A.R. 1008, effective 3/7/2025.

Ariz. Admin. Code § R18-11-102 Applicability

A. The water quality standards prescribed in this Article apply to surface waters.

B. The water quality standards prescribed in this Article do not apply to the following:

1. A waste treatment system, including an impoundment, pond, lagoon, or constructed wetland that is a part of the waste treatment system;

2. A man-made surface impoundment and any associated ditch and conveyance used in the extraction, beneficiation, or processing of metallic ores that is not a surface water or is located in an area that once was a surface water but is no longer a surface water because it has been and remains legally converted, including:

a. A pit,

b. Pregnant leach solution pond,

c. Raffinate pond,

d. Tailing impoundment,

e. Decant pond,

f. Pond or a sump in a mine pit associated with dewatering activity,

g. Pond holding water that has come into contact with a process or product and that is being held for recycling,

h. Spill or upset catchment pond, or

i. A pond used for onsite remediation;

3. A man-made cooling pond that is neither created in a surface water nor results from the impoundment of a surface water; or

4. A surface water located on tribal lands.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-103 [REPEALED]

History

• Adopted effective February 18, 1992 (Supp. 92-1). Repealed effective April 24, 1996 (Supp. 96-2).

Ariz. Admin. Code § R18-11-104 Designated Uses

A. The Director shall adopt or remove a designated use or subcategory of a designated use by rule.

B. Designated uses of a surface water may include full-body contact, partial-body contact, domestic water source, fish consumption, aquatic and wildlife (cold water), aquatic and wildlife (warm water), aquatic and wildlife (ephemeral), aquatic and wildlife (effluent-dependent water), agricultural irrigation, and agricultural livestock watering. The designated uses for specific surface waters are listed in Appendix B of this Article.

C. Numeric water quality criteria to maintain and protect water quality for the designated uses are prescribed in Appendix A, R18-11-109, R18-11-110, and R18-11-112 . Narrative water quality standards to protect all surface waters are prescribed in R18-11-108.

D. If a surface water has more than one designated use listed in Appendix B, the most stringent water quality criterion applies.

E. The Director shall revise the designated uses of a surface water if water quality improvements result in a level of water quality that permits a use that is not currently listed as a designated use in Appendix B.

F. In designating uses of a surface water and in establishing water quality criteria to protect the designated uses, the Director shall take into consideration the applicable water quality standards for downstream surface waters and shall ensure that the water quality standards that are established for an upstream surface water also provide for the attainment and maintenance of the water quality standards of downstream surface waters.

G. A use attainability analysis shall be conducted prior to removal of a designated use or adoption of a subcategory of a designated use that requires less stringent water quality criteria.

H. The Director may remove a designated use or adopt a subcategory of a designated use that requires less stringent water quality criteria, provided the designated use is not an existing use and it is demonstrated through a use attainability analysis that attaining the designated use is not feasible for any of the following reasons:

1. A naturally-occurring pollutant concentration prevents the attainment of the use;

2. A natural, ephemeral, intermittent, or low-flow condition or water level prevents the attainment of the use;

3. A human-caused condition or source of pollution prevents the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place;

4. A dam, diversion, or other type of hydrologic modification precludes the attainment of the use, and it is not feasible to restore the surface water to its original condition or to operate the modification in a way that would result in attainment of the use;

5. A physical condition related to the natural features of the surface water, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, precludes attainment of an aquatic life designated use; or

6. Controls more stringent than those required by § 301 (b) and § 306 of the Clean Water Act [33 U.S.C. § 1311 and § 1316] are necessary to attain the use and implementation of the controls would result in substantial and widespread economic and social impact.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-11-105 Tributaries; Designated Uses

The following water quality standards apply to a surface water that is not listed in Appendix B but that is a tributary to a listed surface water.

1. The aquatic and wildlife (ephemeral) and partial-body contact standards apply to an unlisted tributary that is an ephemeral water.

2. The aquatic and wildlife (cold water), full-body contact, and fish consumption standards apply to an unlisted tributary that is a perennial or intermittent surface water and is above 5000 feet in elevation.

3. The aquatic and wildlife (warm water), full-body contact, and fish consumption standards apply to an unlisted tributary that is a perennial or intermittent surface water and is below 5000 feet in elevation.

History

• Adopted effective April 24, 1996 (Supp. 96-2). Section heading amended per instructions of the Department of Environmental Quality, August 9, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-11-106 Net Ecological Benefit

A. The Director may, by rule, modify a water quality standard on the ground that there is a net ecological benefit associated with the discharge of effluent to support or create a riparian and aquatic habitat in an area where water resources are limited. The Director may modify a water quality standard for a pollutant if it is demonstrated that:

1. The discharge of effluent creates or supports an ecologically valuable aquatic, wetland, or riparian ecosystem in an area where these resources are limited;

2. The ecological benefits associated with the discharge of effluent under a modified water quality standard exceed the environmental costs associated with the elimination of the discharge of effluent;

3. The cost of treatment to achieve compliance with a water quality standard is so high that it is more cost effective to eliminate the discharge of effluent to the surface water. The discharger shall demonstrate that it is feasible to eliminate the discharge of effluent that creates or supports the ecologically valuable aquatic, wetland, or riparian ecosystem;

4. The discharge of effluent to the surface water will not cause or contribute to a violation of a water quality standard that has been established for a downstream surface water;

5. All practicable point source discharge control programs, including local pretreatment, waste minimization, and source reduction programs are implemented; and

6. The discharge of effluent does not produce or contribute to the concentration of a pollutant in the tissues of aquatic organisms or wildlife that is likely to be harmful to humans or wildlife through food chain concentration.

B. The Director shall not modify a water quality criterion for a pollutant to be less stringent than a technology-based effluent limitation that applies to the discharge of that effluent. The discharge of effluent shall, at a minimum, comply with applicable technology-based effluent limitations.

History

• Adopted effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 22 A.A.R. 2328, effective 8/2/2016.

Ariz. Admin. Code § R18-11-107 Antidegradation

A. The Director shall, using R18-11-107.01 and this Section, determine whether there is degradation of water quality in a surface water on a pollutant-by-pollutant basis.

B. Tier 1: The level of water quality necessary to support an existing use shall be maintained and protected. No degradation of existing water quality is permitted in a surface water where the existing water quality does not meet the applicable water quality standards.

C. Tier 2: Where existing water quality in a surface water is better than the applicable water quality standard the existing water quality shall be maintained and protected. The Director may allow degradation of existing water quality in the surface water, if the Director makes all of the following findings:

1. The water quality necessary for existing uses is fully protected and water quality is not lowered to a level that does not comply with applicable water quality standards,

2. The highest statutory and regulatory requirements for new and existing point sources are achieved,

3. All cost-effective and reasonable best management practices for nonpoint source pollution control are implemented, and

4. Allowing lower water quality is necessary to accommodate important economic or social development in the area where the surface water is located.

D. Tier 3: Existing water quality shall be maintained and protected in a surface water that is classified as an OAW under R18-11-112 . Degradation of an OAW under subsection (C) is prohibited.

E. The Director shall implement this Section in a manner consistent with § 316 of the Clean Water Act [ 33 U.S.C. 1326 ] if a potential water quality impairment associated with a thermal discharge is involved.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-107.01 Antidegradation Criteria

A. Tier 1 antidegradation protection.

1. Tier 1 antidegradation protection applies to the following surface waters:

a. A surface water listed on the 303(d) list for the pollutant that resulted in the listing,

b. An effluent dependent water,

c. An ephemeral water,

d. An intermittent water, and

e. A canal listed in Appendix B.

2. A regulated discharge shall not cause a violation of a surface water quality standard or a wasteload allocation in a total maximum daily load approved by EPA.

3. Except as provided in subsections (E) and (F), Tier 1 antidegradation review requirements are satisfied for a point-source discharge regulated under an individual AZPDES permit to an ephemeral water, effluent dependent water, intermittent water, or a canal listed in Appendix B, if water quality-based effluent limitations designed to achieve compliance with applicable surface water quality standards are established in the permit and technology-based requirements of the Clean Water Act for the point source discharge are met.

B. Tier 2 antidegradation protection.

1. Tier 2 antidegradation protection applies to a perennial water with existing water quality that is better than applicable water quality standards. A perennial water that is not listed in subsection (A)(1) nor classified as an OAW under A.A.C. R18-9-112(G) has Tier 2 antidegradation protection for all pollutants of concern.

2. A regulated discharge that meets the following criteria, at critical flow conditions, does not cause significant degradation:

a. The regulated discharge consumes less than 20 percent of the available assimilative capacity for each pollutant of concern, and

b. At least 50 percent of the assimilative capacity for each pollutant of concern remains available in the surface water for each pollutant of concern.

3. Antidegradation review. Any person proposing a new or expanded regulated discharge under an individual AZPDES permit that may cause significant degradation shall provide ADEQ with the following information:

a. Baseline characterization. A person seeking authorization to discharge under an individual AZPDES permit to a perennial water shall provide baseline water quality data on pollutants of concern where no data exists or there are insufficient data to characterize baseline water quality and to determine available assimilative capacity. A discharger shall characterize baseline water quality at a location upstream of the proposed discharge location;

a b. Alternative analysis.

i. The person seeking authorization for the discharge shall prepare and submit a written analysis of alternatives to the discharge. The analysis shall provide information on all reasonable, cost-effective, less-degrading or non-degrading discharge alternatives. Alternatives may include wastewater treatment process changes or upgrades, pollution prevention measures, source reduction, water reclamation, alternative discharge locations, groundwater recharge, land application or treatment, local pretreatment programs, improved operation and maintenance of existing systems, seasonal or controlled discharge to avoid critical flow conditions, and zero discharge;

ii. The alternatives analysis shall include cost information on base pollution control measures associated with the regulated discharge and cost information for each alternative;

iii. The person shall implement the alternative that is cost-effective and reasonable, results in the least degradation, and is approved by the Director. An alternative is cost-effective and reasonable if treatment costs associated with the alternative are less than a 10 percent increase above the cost of base pollution control measures;

iv. For purposes of this subsection, "base pollution control measures" are water pollution control measures required to meet technology-based requirements of the Clean Water Act and water quality-based effluent limits designed to achieve compliance with applicable water quality standards; and

b c. Social and economic justification. The person shall demonstrate to the Director that significant degradation is necessary to accommodate important economic or social development in the local area. The person seeking authorization for the discharge shall prepare a written social and economic justification that includes a description of the following:

i. The geographic area where significant degradation of existing water quality will occur;

ii. The current baseline social and economic conditions in the local area;

iii. The net positive social and economic effects of development associated with the regulated discharge and allowing significant degradation;

iv. The negative social, environmental, and economic effects of allowing significant degradation of existing water quality; and

v. Alternatives to the regulated discharge that do not significantly degrade water quality yet may yield comparable social and economic benefits.

c. Baseline characterization. A person seeking authorization to discharge under an individual AZPDES permit to a perennial water shall provide baseline water quality data on pollutants of concern where no data exist or there are insufficient data to characterize baseline water quality and to determine available assimilative capacity. A discharger shall characterize baseline water quality at a location upstream of the proposed discharge location; and

4. For purposes of this Section, the term "pollutant of concern" means a pollutant with either a numeric or narrative water quality standard.

5. Public participation. The Director shall provide public notice and an opportunity to comment on an antidegradation review under subsection (B)(3) and shall provide an opportunity for a public hearing under A.A.C. R18-9-A908(B).

C. Tier 3 antidegradation protection.

1. Tier 3 antidegradation protection applies only to an OAW listed in R18-11-112(G).

2. A new or expanded point-source discharge directly to an OAW is prohibited.

3. A person seeking authorization for a regulated discharge to a tributary to, or upstream of, an OAW shall demonstrate in a permit application or in other documentation submitted to ADEQ that the regulated discharge will not degrade existing water quality in the downstream OAW

4. A discharge regulated under a § 404 permit that may affect existing water quality of an OAW requires a determination by the Director to ensure that existmg water quality is maintained and protected and any water quality impacts are temporary. Temporary water quality impacts are those impacts that occur for a period of six months or less and are not regularly occurring The form of such a determination shall be as follows:

a. For Corps-issued § 404 permits, an individual § 401 water quality certification.

b. For Director-issued § 404 permits, a § 404 permit action, wherein the Director shall conduct a water quality evaluation as a part of the state's requirements for issuing § 404 permits and in accordance with this section.

D. Antidegradation review of a § 404 permit shall be conducted as follows:

1. For a Corps-issued § 404 pemit. The Director shall conduct the antidegradation review of any discharge authorized under a nationwide or regional § 404 permit as part of the § 401 water quality certification prior to issuance of the nationwide or regional permit. The Director shall conduct the antidegradation review of an individual § 404 permit if the discharge may degrade existing water quality in an OAW or a water listed on the 303(d) List of impaired waters. For regulated discharges that may degrade water quality in an OAW or a water that is on the 303(d) List of impaired waters, the Director shall conduct the antidegradation review as part of the § 401 water quality certification process.

For a Director-issued § 404 permit. The Director shall conduct the antidegradation review of any discharge authorized under a general § 404 permit as a part of its determination whether to issue a general permit in accordance with state requirements for issuing a § 404 general pemit and with this section. The Director shall conduct the antidegradation review of an individual § 404 permit as part of the § 404 permit action in accordance with state requirements for issuing a § 404 permit and in accordance with this section.

E. Antidegradation review of an AZPDES stormwater permit. An individual stormwater permit for a municipal separate storm sewer system (MS4) meets antidegradation requirements if the permittee complies with the pemit, including developing a stormwater management plan containing controls that reduce the level of pollutants in stormwater discharges to the maximum extent practicable.

F. Antidegradation review of a general permit. The Director shall conduct the antidegradation review of a regulated discharge authorized by a general permit at the time the general permit is issued or renewed. A person seeking authorization to discharge under a general permit is not required to undergo an individual antidegradation review at the time the Notice of Intent is submitted unless the discharge may degrade existing water quality in an OAW or a water listed on the 303(d) List of impaired waters.

History

• New Section made by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 25 A.A.R. 2515, effective 9/10/2019.

Ariz. Admin. Code § R18-11-108 Narrative Water Quality Standards

A. A surface water shall not contain pollutants in amounts or combinations that:

1. Settle to form bottom deposits that inhibit or prohibit the habitation, growth, or propagation of aquatic life;

2. Cause objectionable odor in the area in which the surface water is located;

3. Cause off-taste or odor in drinking water;

4. Cause off-flavor in aquatic organisms;

5. Are toxic to humans, animals, plants, or other organisms;

6. Cause the growth of algae or aquatic plants that inhibit or prohibit the habitation, growth, or propagation of other aquatic life or that impair recreational uses;

7. Cause or contribute to a violation of an aquifer water quality standard prescribed in R18-11-405 or R18-11-406; or

8. Change the color of the surface water from natural background levels of color.

B. A surface water shall not contain oil, grease, or any other pollutant that floats as debris, foam, or scum; or that causes a film or iridescent appearance on the surface of the water; or that causes a deposit on a shoreline, bank, or aquatic vegetation. The discharge of lubricating oil or gasoline associated with the normal operation of a recreational watercraft is not a violation of this narrative standard.

C. A surface water shall not contain a discharge of suspended solids in quantities or concentrations that interfere with the treatment processes at the nearest downstream potable water treatment plant or substantially increase the cost of handling solids produced at the nearest downstream potable water treatment plant.

D. A surface water shall not contain solid waste such as refuse, rubbish, demolition or construction debris, trash, garbage, motor vehicles, appliances, or tires.

E. A wadeable, perennial stream shall support and maintain a community of organisms having a taxa richness, species composition, tolerance, and functional organization comparable to that of a stream with reference conditions in Arizona.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-108.01 Narrative Biological Criteria for Wadeable, Perennial Streams

A. The narrative biological criteria in this Section apply to a wadeable, perennial stream with either an aquatic and wildlife (cold water) or an aquatic and wildlife (warm water) designated use.

B. The biological standard in R18-11-108(E) is met when a bioassessment result, as measured by the Arizona Index of Biological Integrity (IBI), for cold or warm water is:

1. Greater than or equal to the 25th percentile of reference condition, or

2. Greater than the 10th percentile of reference condition and less than the 25th percentile of reference condition and a verification bioassessment result is greater than or equal to the 25th percentile of reference condition.

C. Arizona Index of Biological Integrity (IBI) scores:

| Bioassessment Result | Index of Biological Integrity Scores | | | --- | --- | --- | | A&Wc | A&Ww | | | Greater than or equal to the 25th percentile of reference condition | >=52 | >=50 | | Greater than the 10th and less than the 25th percentile of reference condition | 46 - 51 | 40 - 49 |

History

• New Section made by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-108.02 Narrative Bottom Deposit Criteria for Wadeable, Perennial Streams

A. The narrative bottom deposit criteria in this Section apply to wadeable, perennial streams with an aquatic and wildlife (cold water) or an aquatic and wildlife (warm water) designated use.

B. The narrative water quality standard for bottom deposits at R18-11-108(A)(1) is met when:

1. The percentage of fine sediments in the riffle habitats of a wadeable, perennial stream with an A&Wc designated use, as determined by a riffle pebble count, is less than or equal to 30 percent.

2. The percentage of fine sediments in all stream habitats of a wadeable, perennial stream with an A&Ww designated use, as determined by a reach level pebble count, is equal to or less than 50 percent.

History

• New Section made by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-108.03 Narrative Nutrient Criteria for Lakes and Reservoirs

A. The narrative nutrient criteria in this Section apply to those lakes and reservoirs categorized in Appendix B.

B. The narrative water quality standard for nutrients at R18-11-108(A)(6) is met when, based on a minimum of two lake sample events conducted during the peak season based on lake productivity, the results show an average chlorophyll-a value below the applicable threshold for designated use and lake and reservoir category in subsection (D).

The mean chlorophyll-a concentration is less than the lower value in the target range chlorophyll-a for the lake and reservoir category, or

2. The mean chlorophyll-a concentration is within the target range for the lake and reservoir category and:

a. The mean blue green algae count is at or below 20,000 per milliliter, and

b. The blue green algae count is less than 50 percent of the total algae count, and

c. There is no evidence of nutrient-related impairments such as:

i. An exceedance of dissolved oxygen or pH standards;

ii. A fish kill coincident with a dissolved oxygen or pH exceedance;

iii. A fish kill or other aquatic organism mortality coincident with algal toxicity;

iv. Secchi depth is less than the lower value prescribed for the lake and reservoir category;

v. A nuisance algal bloom is present in the limnetic portion of the lake or reservoir; or

vi. The concentration of total phosphorous, total nitrogen, or total Kjehldal nitrogen (TKN) is greater than the upper value in the range prescribed for the lake and reservoir category; or

3. For a shallow lake. In addition to meeting the mean chlorophyll-a concentrations in subsections (B)(1) or (2), submerged aquatic vegetation covers 50 percent or less of the lake bottom and there is less than a 5 mg/L swing in diel-dissolved oxygen concentration measured within the photic zone.

C. The following threshold ranges apply during the peak season for lake productivity:

1. Warm water lakes peak season, April - October;

2. Cold water lakes peak season, May - September.

D. The following table lists the numeric targets for lakes and reservoirs.

| NUMERIC TARGETS FOR LAKES AND RESERVOIRS | | | | | | | | | | | | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | --- | | Designated Use | Lake Category | Chl-a (µg/L) | Secchi Depth (m) | Total Phosphorus (µg/L) | Total Nitrogen (mg/L) | Total Kjehldal Nitrogen (TKN) (mg/L) | Blue- Green Algae (per ml) | Blue- Green Algae (% of total count) | Dissolved Oxygen (mg/L) | pH (SU) | | FBC and PBC | Deep | 10-15 | 1.5-2.5 | 70-90 | 1.2-1.4 | 1.0-1.1 | 20,000 | | | 6.5-9.0 | | Shallow | 10-15 | 1.5-2.0 | 70-90 | 1.2-1.4 | 1.0-1.1 | | | | | | | Igneous | 20-30 | 0.5-1.0 | 100-125 | 1.5-1.7 | 1.2-1.4 | | | | | | | Sedimentary | 20-30 | 1.5-2.0 | 100-125 | 1.5-1.7 | 1.2-1.4 | | | | | | | Urban | 20-30 | 0.5-1.0 | 100-125 | 1.5-1.7 | 1.2-1.4 | | | | | | | A&Wc | All | 5-15 | 1.5-2.0 | 50-90 | 1.0-1.4 | 0.7-1.1 | | <50 | 7 (top m) | 6.5-9.0 | | A&Ww | All (except urban lakes) | 25-40 | 0.8-1.0 | 115-140 | 1.6-1.8 | 1.3-1.6 | | 6 (top m) | | | | Urban | 30-50 | 0.7-1.0 | 125-160 | 1.7-1.9 | 1.4-1.7 | | | | | | | A&Wedw | All | 30-50 | 0.7-1.0 | 125-160 | 1.7-1.9 | 1.4-1.7 | | 6.5-9.0 | | | | DWS | All | 10-20 | 0.5-1.5 | 70-100 | 1.2-1.5 | 1.0-1.2 | 20,000 | | | 5.0-9.0 |

History

• New Section made by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-109 Numeric Water Quality Standards

A. E. coli bacteria. The following water quality standards for Escherichia coli (E coli) are expressed in colony forming units per 100 milliliters of water (cfu / 100 ml) or as a Most Probable Number (MPN):

| E. coli | FBC | PBC | | --- | --- | --- | | Geometric mean (minimum of four samples in 30 days) | 126 | 126 | | Statistical threshold value | 410 | 576 |

B. pH. The following water quality standards for pH are expressed in standard units:

| pH | DWS | FBC, PBC, A&W ¹ | AgI | AgL | | --- | --- | --- | --- | --- | | Maximum | 9.0 | 9.0 | 9.0 | 9.0 | | Minimum | 5.0 | 6.5 | 4.5 | 6.5 |

Footnotes:

^"1" Includes A&Wc, A&Ww, A&Wedw, and A&We.

C. The maximum allowable increase in ambient water temperature, due to a thermal discharge is as follows:

| A&Ww | A&Wedw | A&Wc | | --- | --- | --- | | 3.0° C | 3.0° C | 1.0° C |

D. Suspended sediment concentration.

1. The following water quality standards for suspended sediment concentration, expressed in milligrams per liter (mg/L), are expressed as a median value determined from a minimum of four samples collected at least seven days apart:

| A&Wc | A&Ww | | --- | --- | | 25 | 80 |

The Director shall not use the results of a suspended sediment concentration sample collected during or within 48 hours after a local storm event to determine the median value.

E. Dissolved oxygen. A surface water meets the water quality standard for dissolved oxygen when either:

1. The percent saturation of dissolved oxygen is equal to or greater than 90 percent, or

2. The single sample minimum concentration for the designated use, as expressed in milligrams per liter (mg/L) is as follows:

| Designated Use | Single sample minimum concentration in mg/L | | --- | --- | | A&Ww | 6.0 | | A&Wc | 7.0 | | A&W edw for a sample taken from three hours after sunrise to sunset | 3.0 | | A&W edw for a sample taken from sunset to three hours after sunrise | 1.0 |

The single sample minimum concentration is the same for the designated use in a lake, but the sample must be taken from a depth no greater than one meter.

F. Nutrient criteria. The following are water quality standards for total phosphorus and total nitrogen (expressed in milligrams per liter (mg/L)) that apply to the surface waters listed below. A minimum of 10 samples, each taken at least 10 days apart in a consecutive 12-month period, are required to determine a 90th percentile. Not more than 10 percent of the samples may exceed the 90th percentile value listed below. The Director will apply these water quality standards for total phosphorus and total nitrogen to the surface waters listed below, and to their perennial tributaries, if listed. The Director may also apply these total phosphorus and total nitrogen standards to any source discharging to any tributary (ephemeral, intermittent, effluent dependent water, or perennial) of the surface waters listed below, if necessary to protect nutrient water quality in the listed surface water, based on the volume, frequency, magnitude and duration of the discharge, and distance to the downstream surface water listed below:

Verde River and its perennial tributaries from the Verde headwaters to Bartlett Lake:

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | 0.10 | 0.30 | 1.00 | | Total nitrogen | 1.00 | 1.50 | 3.00 |

Black River, Tonto Creek and their perennial tributaries for any segments that are not located on tribal lands:

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | 0.10 | 0.20 | 0.80 | | Total nitrogen | 0.50 | 1.00 | 2.00 |

Salt River and its perennial tributaries above Roosevelt Lake for any segments that are not located on tribal lands:

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | 0.12 | 0.30 | 1.00 | | Total nitrogen | 0.60 | 1.20 | 2.00 |

Salt River below Stewart Mountain Dam to its confluence with the Verde River:

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | 0.05 | - | 0.20 | | Total nitrogen | 0.60 | - | 3.00 |

Little Colorado River and its perennial tributaries upstream from:

a. The headwaters to River Reservoir,

b. South Fork of Little Colorado River at 34°00'49"/109°24'18" to above South Fork Campground at 34°04'49'7109°24'18", and

c. The headwaters of Water Canyon Creek to the Apache-Sitgreaves National Forest boundary:

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | 0.08 | 0.10 | 0.75 | | Total nitrogen | 0.60 | 0.75 | 1.10 |

6. From the Little Colorado River and State Route 260 at 34°06'39'7109°18'55" to Lyman Lake:

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | 0.20 | 0 30 | 0.75 | | Total nitrogen | 0.70 | 120 | 1.50 |

Colorado River at the Northern International Boundary near Morelos Dam:

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | - | 0.33 | - | | Total nitrogen | - | 2.50 | - |

Oak Creek from its headwaters at 35°0r30"/lll°44'12" to its confluence with the Verde River and the West Fork of Oak Creek from its headwaters at 35°02'447111°54'48" to its confluence with Oak Creek.

| Surface Water | Annual Mean | 90th Percentile | Single Sample Maximum | | --- | --- | --- | --- | | Total phosphorus | 0.1 | 0.25 | 0.30 | | Total nitrogen | 1.00 | 1.50 | 2.50 |

9. No discharge of wastewater to Show Low Creek or its perennial tributaries upstream of and including Fools Hollow Lake shall exceed 0.16 mg/L total phosphates as P.

10. No discharge of wastewater to the San Francisco River or its perennial tributaries upstream of Luna Lake Dam shall exceed 1.0 mg/L total phosphates as R

G. Footnotes:

1."1" Includes A&Wc, A&Ww, A&Wedw, and A&We.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 22 A.A.R. 2328, effective 8/2/2016. Amended by final rulemaking at 25 A.A.R. 2515, effective 9/10/2019.

Ariz. Admin. Code § R18-11-110 Salinity Standards for the Colorado River

A. The flow-weighted average annual salinity in the lower main stem of the Colorado River shall not exceed the following criteria:

| Location Total | Dissolved Solids | | --- | --- | | Below Hoover Dam | 723 mg/L | | Below Parker Dam | 747 mg/L | | At Imperial Dam | 879 mg/L |

B. The plan of implementation contained in the "2014 Review, Water Quality Standards for Salinity, Colorado River System," approved October 2014, is incorporated by reference to preserve the basin-wide approach to salinity control developed by the Colorado River Basin Salinity Control Forum and to ensure compliance with the numeric criteria for salinity in subsection (A). This material does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 West Washington Street, Phoenix, Arizona 85007 or may be obtained from the Colorado River Basin Salinity Control Forum, 106 West 500 South, Suite 101, Bountiful, Utah 84010-6232 or at http://www.coloradoriversalinity.org/.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 22 A.A.R. 2328, effective 8/2/2016.

Ariz. Admin. Code § R18-11-111 Analytical Methods

A. A person conducting an analysis of a sample taken to determine compliance with a water quality standard shall use an analytical method prescribed in A.A.C. R9-14-610, 40 CFR 136.3, or an alternative analytical method approved under A.A.C. R9-14-610(C).

B. A test result from a sample taken to determine compliance with a water quality standard is valid only if the sample is analyzed by a laboratory that is licensed by the Arizona Department of Health Services, an out-of-state laboratory licensed under A.R.S. § 36-495.14, or a laboratory exempted under A.R.S. § 36-495.02, for the analysis performed.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-112 Outstanding Arizona Waters

A. The Director shall classify a surface water as an outstanding Arizona water (OAW) by rule.

B. The Director may adopt, under R18-11-115, a site-specific standard to maintain and protect existing water quality in an OAW.

C. Any person may nominate a surface water for classification as an OAW by filing a nomination with the Director. The nomination shall include:

1. A map and a description of the surface water;

2. A written statement in support of the nomination, including specific reference to the applicable criteria for an OAW classification prescribed in subsection (D);

3. Supporting evidence demonstrating that the criteria prescribed in subsection (D) are met; and

4. Available water quality data relevant to establishing the baseline water quality of the proposed OAW.

D. The Director may classify a surface water as an OAW based upon the following criteria:

1. The surface water is a perennial or intermittent water;

2. The surface water is in a free-flowing condition. For purposes of this subsection, "in a free-flowing condition" means that a surface water does not have an impoundment, diversion, channelization, rip-rapping or other bank armor, or another hydrological modification within the reach nominated for an OAW classification;

3. The surface water has good water quality. For purposes of this subsection, "good water quality" means that the surface water has water quality that meets or is better than applicable surface water quality standards. A surface water that is listed as impaired under R18-11-604(E) is ineligible for OAW classification; and

4. The surface water meets one or both of the following conditions:

a. The surface water is of exceptional recreational or ecological significance because of its unique attributes, such as the geology, flora and fauna, water quality, aesthetic value, or the wilderness characteristic of the surface water;

b. An endangered or threatened species is associated with the surface water and the existing water quality is essential to the species' maintenance and propagation or the surface water provides critical habitat for the threatened or endangered species. An endangered or threatened species is identified in "Endangered and Threatened Wildlife,"50 CFR 17.11 (revised 2005), and "Endangered and Threatened Plants,"50 CFR 17.12 (revised 2005). This material is incorporated by reference and does not include any later amendments or editions of the incorporated material. Copies of the incorporated material are available for inspection at the Arizona Department of Environmental Quality, 1110 West Washington Street, Phoenix, Arizona 85007 or may be obtained from the National Archives and Records Administration at http://www.access.gpo.gov/nara/cfr/cfr-table-search.html#page1.

E. The Director shall hold at least one public meeting in the local area of a surface water that is nominated for classification as an OAW to solicit public comment on the nomination.

F. The Director shall consider the following factors when deciding whether to classify a surface water as an OAW:

1. Whether there is the ability to manage the surface water and its watershed to maintain and protect existing water quality;

2. The social and economic impact of Tier 3 antidegradation protection;

3. The public comments in support of, or in opposition to, an OAW classification;

4. The timing of the nomination relative to the triennial review of surface water quality standards;

5. The consistency of an OAW classification with applicable water quality management plans; and

6. Whether the nominated surface water is located within a national or state park, national monument, national recreation area, wilderness area, riparian conservation area, area of critical environmental concern, or it has another special use designation (for example, Wild and Scenic River).

G. The following surface waters are classified as OAWs:

1. The West Fork of the Little Colorado River, from its headwaters to Government Springs (approximately 9.1 river miles);

2. Oak Creek, from its headwaters to its confluence with the Verde River (approximately 50.3 river miles);

3. West Fork of Oak Creek, from its headwaters to its confluence with Oak Creek approximately 15.8 river miles);

4. Peeples Canyon Creek, from its headwaters to its confluence with the Santa Maria River (approximately 8.1 river miles);

Burro Creek, from its headwaters at to its confluence with Boulder Creek (approximately 29.5 miles);

Francis Creek, from its headwaters at to its confluence with Burro Creek (approximately 22.9 river miles);

7. Bonita Creek, from its boundary of the San Carlos Indian Reservation to its confluence with the Gila River (approximately 14.7 river miles);

8. Cienega Creek, from its confluence with Gardner Canyon to the USGS gaging station (#09484600) (approximately 28.3 river miles);

9. Aravaipa Creek, from its confluence with Stowe Gulch to the downstream boundary of the Aravaipa Canyon Wilderness Area (approximately 15.5 river miles);

10. Cave Creek, from its headwaters to the Coronado National Forest boundary (approximately 10.4 river miles);

11. South Fork of Cave Creek, from its headwaters to its confluence with Cave Creek (approximately 8.6 river miles);

12. Buehman Canyon Creek, from its headwaters to its confluence with unnamed tributary at 32°24'31"/110°32'08" (approximately 9.8 river miles);

13. Lee Valley Creek, from its headwaters " to Lee Valley Reservoir (approximately 1.6 river miles);

14. Bear Wallow Creek, from its headwaters to the boundary of the San Carlos Indian Reservation (approximately 4.25 river miles);

15. North Fork of Bear Wallow Creek, from its headwaters to its confluence with Bear Wallow Creek (approximately 3.8 river miles);

16. South Fork of Bear Wallow Creek, from its headwaters to its confluence with Bear Wallow Creek (approximately 3.8 river miles);

17. Snake Creek, from its headwaters to its confluence with the Black River (approximately 6.2 river miles);

18. Hay Creek, from its headwaters to its confluence with the West Fork of the Black River (approximately 5.5 river miles);

19. Stinky Creek, from the White Mountain Apache Indian Reservation boundary to its confluence with the West Fork of the Black River (approximately 3.0 river miles);

20. KP Creek, from its headwaters to its confluence with the Blue River (approximately 12.7 river miles);

21. Davidson Canyon, from the unnamed spring at 31°59'00"/110°38'49" to its confluence with Cienega Creek; and

22. Fossil Creek, from its headwaters at the confluence of Sandrock and Calf Pen Canyons above Fossil Springs to its confluence with the Verde River (approximately 17.2 river miles).

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Added "water quality standards" to R18-11-112, previously omitted in error (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 22 A.A.R. 2328, effective 8/2/2016.

Ariz. Admin. Code § R18-11-113 Effluent-dependent Waters

A. The Director shall classify a surface water as an effluent-dependent water by rule.

B. The Director may adopt, under R18-11-115, a site-specific water quality standard for an effluent-dependent water.

C. Any person may submit a petition for rule adoption requesting that the Director classify a surface water as an effluent-dependent water. The petition shall include:

1. A map and a description of the surface water;

2. Information that demonstrates that the surface water consists of a point source discharge of wastewater; and

3. Information that demonstrates that, without a point source discharge of a wastewater, the receiving water is an ephemeral water.

D. The Director shall use the water quality standards that apply to an effluent-dependent water to derive water quality-based effluent limits for a point source discharge of wastewater to an ephemeral water.

E. The Director may use aquatic and wildlife (edw) acute standards only to derive water quality based effluent limits for a sporadic, infrequent, or emergency point source discharge to an ephemeral water or to an effluent-dependent water. The Director shall consider the following factors when deciding whether to apply A&Wedw (acute) standards:

1. The amount, frequency, and duration of the discharge;

The length of time water may be present in the receiving water;

3. The distance to a downstream water with aquatic and wildlife chronic standards; and

4. The likelihood of chronic exposure to pollutants.

F. The Director may establish alternative water quality-based effluent limits in an AZPDES permit based on seasonal differences in the discharge.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective December 18, 1992 (Supp. 92-4). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-114 Mixing Zones

A. The Director may establish a mixing zone for a point source discharge to a surface water as a condition of an individual AZPDES permit on a pollutant-by-pollutant basis. A mixing zone is prohibited in an ephemeral water or where there is no water for dilution, or asprohibited pursuant to subsection (H) of this section.

B. The owner or operator of a point source seeking the establishment of a mixing zone shall submit a request to the Director for a mixing zone as part of an application for an AZPDES permit. The request shall include:

1. An identification of the pollutant for which the mixing zone is requested;

2. A proposed outfall design;

3. A definition of the boundary of the proposed mixing zone. For purposes of this subsection, the boundary of a mixing zone is where complete mixing occurs; and

4. A complete and detailed description of the existing physical, biological, and chemical conditions of the receiving water and the predicted impact of the proposed mixing zone on those conditions. The description shall also address the factors listed in subsection (D) of this section that the Director must consider when deciding to grant or deny a request and shall address the mixing zone requirements in subsection (H) of this section.

C. The Director shall review the request for a mixing zone to determine whether the written request is complete. If the request is incomplete, the Director shall provide the applicant with a list of the additional information required.

D. C. The Director shall consider the following factors when deciding whether to grant or deny a request for a mixing zone:

1. The assimilative capacity of the receiving water;

2. The likelihood of adverse human health effects;

3. The location of drinking water plant intakes and public swimming areas;

4. The predicted exposure of biota and the likelihood that resident biota will be adversely affected;

5. Bioaccumulation;

6. Whether there will be acute toxicity in the mixing zone, and, if so, the size of the zone of initial dilution;

7. The known or predicted safe exposure levels for the pollutant for which the mixing zone is requested;

8. The size of the mixing zone;

9. The location of the mixing zone relative to biologically sensitive areas in the surface water;

10. The concentration gradient of the pollutant within the mixing zone;

11. Sediment deposition;

12. The potential for attracting aquatic life to the mixing zone; and

13. The cumulative impacts of other mixing zones and other discharges to the surface water.

E. D. Director determination.

1. The Director shall deny a request to establish a mixing zone if a water quality standard will be violated outside the boundaries of the proposed mixing zone.

2. If the Director approves the request to establish a mixing zone, the Director shall establish the mixing zone as a condition of an AZPDES permit. The Director shall include any mixing zone condition in the AZPDES permit that is necessary to protect human health and the designated uses of the surface water.

F. E. Any person who is adversely affected by the Director's decision to grant or deny a request for a mixing zone may appeal the decision under A.R.S. § 49-321 et seq. and A.R.S. § 41-1092 et seq.

G. F. The Director shall reevaluate a mixing zone upon issuance, reissuance, or modification of the AZPDES permit for the point source or a modification of the outfall structure.

H. G. Mixing zone requirements.

1. A mixing zone shall be as small as practicable in that it shall not extend beyond the point in the waterbody at which complete mixing occurs under the critical flow conditions of the discharge and of the receiving water.

2. The total horizontal area allocated to all mixing zones on a lake shall not exceed 10 percent of the surface area of the lake.

3. Adjacent mixing zones in a lake shall not overlap or be located closer together than the greatest horizontal dimension of the largest mixing zone.

4. A mixing zone shall provide for a zone of passage of not less than 50 percent of the cross-sectional area of a river or stream.

5. 4. The design of any discharge outfall shall maximize initial dilution of the wastewater in a surface water.

6. 5. The size of the zone of initial dilution in a mixing zone shall prevent lethality to organisms passing through the zone of initial dilution. The mixing zone shall prevent acute toxicity and lethality to organisms passing through the mixing zone.

I. H. The Director shall not establish a mixing zone in an AZPDES permit for the following persistent, bioaccumulative pollutants:

Chlordane,

2. DDT and its metabolites (DDD and DDE),

Dieldrin,

4. Dioxin,

5. Endrin,

6. Endrin aldehyde,

7. Heptachlor,

8. Heptachlor epoxide,

9. Lindane,

10. Mercury,

11. Polychlorinated biphenyls (PCBs), and

12. Toxaphene.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 25 A.A.R. 2515, effective 9/10/2019.

Ariz. Admin. Code § R18-11-115 Site-Specific Standards

A. The Director shall adopt a site-specific standard by rule.

B. The Director may adopt a site-specific standard based upon a request or upon the Director's initiative for any of the following reasons:

1. Local physical, chemical, or hydrological conditions of a surface water such as pH, hardness, fate and transport, or temperature alters the biological availability or toxicity of a pollutant;

2. The sensitivity of resident aquatic organisms that occur in a surface water to a pollutant differs from the sensitivity of the species used to derive the numeric water quality standards to protect aquatic life in Appendix A;

3. Resident aquatic organisms that occur in a surface water represent a narrower mix of species than those in the dataset used by ADEQ to derive numeric water quality standards to protect aquatic life in Appendix A;

4. The natural background concentration of a pollutant is greater than the numeric water quality standard to protect aquatic life prescribed in Appendix A. "Natural background" means the concentration of a pollutant in a surface water due only to non-anthropogenic sources; or

5. Natural adaptive processes have enabled a viable, balanced population of aquatic life to exist in a surface water where the level of a pollutant is greater than the numeric water quality standard to protect aquatic life prescribed in Appendix A; or

6. 5. Other factors or combination of factors that upon review by the Director warrant changing a numeric water quality standard for a surface water.

C. Site-specific standard by request. To request that the Director adopt a site-specific standard, a person must conduct a study to support the development of a site-specific standard using a scientifically-defensible procedure.

1. Before conducting the study, a person shall submit a study outline to the Director for approval that contains the following elements:

a. Identifies the pollutant;

b. Describes the reach's boundaries;

c. Uses one of the following procedures, as defined by the most recent EPA guidance documents:

i. The recalculation procedure,

ii. The water effects ratio for metals,

iii. The streamlined water effects ratio, or

iv. The Biotic ligand model.

d. Demonstrates that all designated uses are protected.

2. Alternatively, a study outline submitted for the Director's approval must contain the following elements:

a. Identifies the pollutant;

b. Describes the reach's boundaries;

c. Describes the hydrologic regime of the waterbody;

d. Describes the scientifically-defensible procedure, which can include relevant aquatic life studies, ecological studies, laboratory tests, biological translators, fate and transport models, and risk analyses;

e. Describes and compares the taxonomic composition, distribution and density of the aquatic biota within the reach to a reference reach and describes the basis of any major taxonomic differences;

f. Describes the pollutant's effect on the affected species or appropriate surrogate species and on the other designated uses listed for the reach;

g. Demonstrates that all designated uses are protected; and

h. A person seeking to develop a site-specific standard based on natural background may use statistical or modeling approaches to determine natural background concentration. Modeling approaches include Better Assessment Science Integrating Source and Nonpoint Sources (Basins), Hydrologic Simulation Program-Fortran (HSPF), and Hydrologic Engineering Center (HEC) programs developed by the U.S. Army Corps of Engineers.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Section repealed by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). New Section made by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 22 A.A.R. 2328, effective 8/2/2016. Amended by final rulemaking at 25 A.A.R. 2515, effective 9/10/2019.

Ariz. Admin. Code § R18-11-116 Resource Management Agencies

Nothing in this Article prohibits fisheries management activities by the Arizona Game and Fish Department or the U.S. Fish and Wildlife Service. This Article does not exempt fish hatcheries from AZPDES permit requirements.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-117 Canals and Urban Park Lakes

A. Nothing in this Article prevents the routine physical or mechanical maintenance of canals, drains, and the urban lakes identified in Appendix B. Physical or mechanical maintenance includes dewatering, lining, dredging, and the physical, biological, or chemical control of weeds and algae. Increases in turbidity that result from physical or mechanical maintenance activities are permitted in canals, drains, and the urban lakes identified in Appendix B.

B. The discharge of lubricating oil associated with the start-up of well pumps that discharge to canals is not a violation of R18-11-108(B).

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-118 Dams and Flood Control Structures

Increases in turbidity that result from the routine physical or mechanical maintenance of a dam or flood control structure are not violations of this Article. Nothing in this Article requires the release of water from a dam or a flood control structure.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Ariz. Admin. Code § R18-11-119 Natural Background

Where the concentration of a pollutant exceeds a water quality standard and the exceedance is not caused by human activity but is due solely to naturally-occurring conditions, the exceedance shall not be considered a violation of the water quality standard.

History

• Adopted effective February 18, 1992 (Supp. 92-1).

Ariz. Admin. Code § R18-11-120 Enforcement of Non-permitted Discharges

A. The Department may establish a numeric water quality standard at a concentration that is below the practical quantitation limit. Therefore, in enforcement actions pursuant to subsection (B) of this section, the water quality standard is enforceable at the practical quantitation limit.

C. B. Except for chronic aquatic and wildlife criteria, for non-permitted discharge violations, the Department shall determine compliance with numeric water quality standard criteria from the analytical result of a single sample, unless additional samples are required under this article. For chronic aquatic and wildlife criteria, compliance for non-permitted discharge violations shall be determined from the geometric mean of the analytical results of the last four samples taken at least 24 hours apart. For the purposes of this section, a "non-permitted discharge violation" does not include a discharge regulated under an AZPDES permit.

D. A person is not subject to penalties for violation of a water quality standard provided that the person is in compliance with the provisions of a compliance schedule issued under R18-11-121 .

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 25 A.A.R. 2515, effective 9/10/2019.

Ariz. Admin. Code § R18-11-121 Schedules of Compliance

A. A compliance schedule in an AZPDES permit shall require the permittee to comply with a discharge limitation based upon a new or revised water quality standard as soon as possible to achieve compliance. The permittee shall demonstrate that all requirements under § 301(b) and § 306 of the Clean Water Act [ 33 U.S.C. 1311(b) and 1316 ] are achieved and that the point source cannot comply with a discharge limitation based upon the new or revised water quality standard through the application of existing water pollution control technology, operational changes, or source reduction. In establishing a compliance schedule, the Director shall consider:

1. How much time the permittee has already had to meet any effluent limitations under a prior permit;

2. The extent to which the permittee has made good faith efforts to comply with the effluent limitations and other requirements in a prior permit;

3. Whether treatment facilities, operations, or measures must be modified to meet the effluent limitations;

4. How long any necessary modifications would take to implement; and

5. Whether the permittee would be expected to use the same treatment facilities, operations or other measures to meet the effluent limitations as it would have used to meet the effluent limitations in a prior permit.

History

• Adopted effective February 18, 1992 (Supp. 92-1). Amended effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 22 A.A.R. 2328, effective 8/2/2016.

Ariz. Admin. Code § R18-11-122 Variances

A. Upon request, the Director may establish, by rule, a discharger-specific or water segment(s)-specific variance from a water quality standard if requirements pursuant to this section are met.

B. A person who requests a variance must demonstrate all of the following information:

1. Identification of the specific pollutant and water quality standard for which a variance is sought.

2. Identification of the receiving surface water segment or segments to which the variance would apply.

3. A detailed discussion of the need for the variance, including the reasons why compliance with the water quality standard cannot be achieved over the term of the proposed variance, and any other useful information or analysis to evaluate attainability.

4. A detailed discussion of the discharge control technologies that are available for achieving compliance with the water quality standard for which a variance is sought.

5. Documentation that more advanced treatment technology than applicable technology-based effluent limitations is necessary to achieve compliance with the water quality standard for which a variance is sought.

6. A detailed description of proposed interim discharge limitations and pollutant control activities that represent the highest level of treatment achievable by a point source discharger or dischargers during the term of the variance.

7. Documentation that the proposed term is only as long as necessary to achieve the highest attainable condition.

8. Documentation that is appropriate to the type of use to which the variance would apply as follows:

a. For a water quality standard variance to a use specified in Clean Water Act § 101(a)(2), documentation must include demonstration of at least one of the following factors that preclude attainment of the use during the term of the variance:

i. Naturally occurring pollutant concentrations prevent attainment of the use;

ii. Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met;

iii. That human-caused conditions or sources of pollution prevent the attainment of the water quality standard for which the variance is sought and either (1) it is not possible to remedy the conditions or sources of pollution or (2) remedying the human-caused conditions would cause more environmental damage to correct than to leave in place;

iv. Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification n a way that would result in the attainment of the use;

v. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses;

vi. That installation and operation of each of the available discharge technologies more advanced than those required to comply with technology-based effluent limitations to achieve compliance with the water quality standard would result in substantial and widespread economic and social impact; or

vii. Actions necessary to facilitate lake, wetland, or stream restoration through dam removal or other significant reconfiguration activities preclude attainment of the designated use and criterion while the actions are being implemented.

b. For a water quality standard variance to a use other than those uses specified in Clean Water Act § 101(a)(2), documentation must justify how consideration and value of the water subject to the use appropriately supports the variance and term. A demonstration consistent with (B)(8)(a) of this section may be used to satisfy this requirement.

9. For a waterbody segment(s)-specific variance, the following information is required before the Director may issue a variance, in addition to all other required documentation pursuant to this section:

a. Identification and documentation of any cost-effective and reasonable best management practices for nonpoint source controls related to the pollutant(s) or water quality parameter(s) and water body or waterbody segment(s) specified in the variance that could be implemented to make progress towards attaining the underlying designated use and criterion; and

b. If any variance pursuant to (B)(9)(a) of this section previously applied to the water body or waterbody segment(s), documentation must also demonstrate whether and to what extent best management practices for nonpoint source controls were implemented to address the pollutant(s) or water quality parameter(s) subject to the water quality variance and the water quality progress achieved.

10. For a discharger-specific variance, the following information is required before the Director may issue a variance, in addition to all other required documentation pursuant to this section:

a. Identification of the permittee subject to the variance;

b. For an existing point source discharge, a detailed description of the existing discharge control technologies that are used to achieve compliance with applicable water quality standards. For a new point source discharge, a detailed description of the proposed discharge control technologies that will be used to achieve compliance with applicable water quality standards; and

c. Documentation that the existing or proposed discharge control technologies will comply with applicable technology-based effluent limitations.

C. The Director shall consider the following factors when deciding whether to grant or deny a variance request:

Bioaccumulation,

2. The predicted exposure of biota and the likelihood that resident biota will be adversely affected,

3. The known or predicted safe exposure levels for the pollutant for which the variance is requested, and

4. The likelihood of adverse human health effects.

D. The variance shall represent the highest attainable condition of the water body or water body segment applicable throughout the term of the variance.

E. A variance shall not result in any lowering of the currently attained ambient water quality, unless the variance is necessary for restoration activities, consistent with (B)(8)(a)(vii) of this section. The Director must specify the highest attainable condition of the water body or waterbody segment as a quantifiable expression of one of the following:

1. The highest attainable interim criterion,

2. The interim effluent condition that reflects the greatest pollutant reduction achievable; or

3. If no additional feasible pollutant control technology can be identified, the interim criterion or interim effluent condition that reflects the greatest pollutant reduction achievable with the pollutant control technologies installed at the time of the issuance of the variance, and the adoption and implementation of a Pollutant Minimization Program.

F. A variance shall not modify the underlying designated use and criterion. A variance is only a time limited exception to the underlying standard. For discharge-specific variances, other point source dischargers to the surface water that are not granted a variance shall still meet all applicable water quality standards.

G. Point source discharges shall meet all other applicable water quality standards for which a variance is not granted.

H. The Director may not grant a variance for a point source discharge to an OAW listed in R18-11-112(G).

I. Each variance established by the Director is subject to review and approval by the Regional Administrator.

J. The term of the water quality variance may only be as long as necessary to achieve the highest attainable condition and must be consistent with the supporting documentation in subsection (E) of this section. The variance term runs from the approval of the variance by the Regional Administrator.

K. The Director shall reevaluate, in its triennial review, whether each variance continues to represent the highest attainable condition. Comment on the variance shall be considered regarding whether the variance continues to represent the highest attainable condition. If the Director determines that the requirements of the variance do not represent the highest attainable condition, then the Director shall modify or repeal the variance in its triennial review rulemaking.

L. If the variance is modified by rulemaking, the requirements of the variance shall represent the highest attainable condition at the time of initial adoption of the variance, or the highest attainable condition identified during the current reevaluation, whichever is more stringent.

M. Upon expiration of a variance, point source dischargers shall comply with the water quality standard.

N. The following are discharger-specific variances adopted by the Director:

O. The following are water body and waterbody segment-specific variances adopted by the Director:

History

• Adopted effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4). Amended by final rulemaking at 25 A.A.R. 2515, effective 9/10/2019.

Ariz. Admin. Code § R18-11-123 Discharge Prohibitions

A. The discharge of wastewater to the following surface waters is prohibited:

1. Sabino Canyon Creek;

2. Vekol Wash, upstream of the Ak-Chin Indian Reservation; and

3. Smith Wash, upstream of the Ak-Chin Indian Reservation.

B. The discharge to Lake Powell of human body wastes and the wastes from toilets and other receptacles intended to receive or retain wastes from a vessel is prohibited.

History

• Adopted effective April 24, 1996 (Supp. 96-2). Amended by final rulemaking at 8 A.A.R. 1264, effective March 8, 2002 (Supp. 02-1). Amended by final rulemaking at 14 A.A.R. 4708, effective January 31, 2009 (Supp. 08-4).

Article 2 WATER QUALITY STANDARDS FOR NON-WOTUS PROTECTED SURFACE WATERS

Ariz. Admin. Code § R18-11-201 Definitions

The following terms apply to this Article:

1. "Acute toxicity" means toxicity involving a stimulus severe enough to induce a rapid response. In aquatic toxicity tests, an effect observed in 96 hours or less is considered acute.

2. "Agricultural irrigation AZ (AgI AZ)" means the use of a non-WOTUS protected surface water for crop irrigation.

3. "Agricultural livestock watering AZ (AgL AZ)" means the use of a non-WOTUS protected surface water as a water supply for consumption by livestock.

4. "Aquatic and wildlife AZ (cold water) (A&Wc AZ)" means the use of a non-WOTUS protected surface water by animals, plants, or other cold-water organisms, generally occurring at an elevation greater than 5000 feet, for habitation, growth, or propagation.

5. "Aquatic and wildlife AZ (warm water) (A&Ww AZ)" means the use of a non-WOTUS protected surface water by animals, plants, or other warm-water organisms, generally occurring at an elevation less than 5000 feet, for habitation, growth, or propagation.

6. "Assimilative capacity" means the difference between the baseline water quality concentration for a pollutant and the most stringent applicable water quality criterion for that pollutant.

7. "Complete Mixing" means the location at which concentration of a pollutant across a transect of a surface water differs by less than five percent.

8. "Criteria" means elements of water quality standards expressed as pollutant concentrations, levels, or narrative statements representing a water quality that supports a designated use.

9. "Critical flow conditions of the discharge" means the hydrologically based discharge flow averages that the director uses to calculate and implement applicable water quality criteria to a mixing zone's receiving water as follows:

a. For acute aquatic water quality standard criteria, the discharge flow critical condition is represented by the maximum one-day average flow analyzed over a reasonably representative timeframe.

b. For chronic aquatic water quality standard criteria, the discharge flow critical flow condition is represented by the maximum monthly average flow analyzed over a reasonably representative timeframe.

c. For human health-based water quality standard criteria, the discharge flow critical condition is the long-term arithmetic mean flow, averaged over several years so as to simulate long-term exposure.

10. "Critical flow conditions of the receiving water" means the hydrologically based receiving water low flow averages that the director uses to calculate and implement applicable water quality criteria:

a. For acute aquatic water quality standard criteria, the receiving water critical condition is represented as the lowest one-day average flow event expected to occur once every ten years, on average (1Q10).

b. For chronic aquatic water quality standard criteria, the receiving water critical flow condition is represented as the lowest seven-consecutive-day average flow expected to occur once every 10 years, on average (7Q10), or

c. For human health-based water quality standard criteria, in order to simulate long-term exposure, the receiving water critical flow condition is the harmonic mean flow.

"Designated use" means a use specified on the Protected Surface Waters List for a non-WOTUS protected surface water.

12. "Domestic water source AZ (DWS AZ)" means the use of a non-WOTUS protected surface water as a source of potable water. Treatment of a surface water may be necessary to yield a finished water suitable for human consumption.

"Fish consumption AZ (FC AZ)" means the use of a non-WOTUS protected surface water by humans for harvesting aquatic organisms for consumption. Harvestable aquatic organisms include, but are not limited to, fish, clams, turtles, crayfish, and frogs.

14. "Full-body contact AZ (FBC AZ)" means the use of a non-WOTUS protected surface water for swimming or other recreational activity that causes the human body to come into direct contact with the water to the point of complete submergence. The use is such that ingestion of the water is likely, and sensitive body organs, such as the eyes, ears, or nose, may be exposed to direct contact with the water.

15. "Geometric mean" means the nth root of the product of n items or values. The geometric mean is calculated using the following formula:

Click here to view

"Hardness" means the sum of the calcium and magnesium concentrations, expressed as calcium carbonate (CaCO3) in milligrams per liter.

17. "Mixing zone" means an area or volume of a surface water that is contiguous to a point source discharge where dilution of the discharge takes place.

"Non-WOTUS protected surface water" means a protected surface water designated in Table A of R18-11-216 or added to the PSWL by an emergency action authorized by A.R.S. § 49-221(G)(7) that is not a WOTUS.

19. "Oil" means petroleum in any form, including crude oil, gasoline, fuel oil, diesel oil, lubricating oil, or sludge.

20. "Partial-body contact AZ (PBC AZ)" means the recreational use of a non-WOTUS protected surface water that may cause the human body to come into direct contact with the water, but normally not to the point of complete submergence (for example, wading or boating). The use is such that ingestion of the water is not likely and, sensitive body organs, such as the eyes, ears, or nose, will not normally be exposed to direct contact with the water.

21. "Pollutant" means fluids, contaminants, toxic wastes, toxic pollutants, dredged spoil, solid waste, substances and chemicals, pesticides, herbicides, fertilizers and other agricultural chemicals, incinerator residue, sewage, garbage, sewage sludge, munitions, petroleum products, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and mining, industrial, municipal, and agricultural wastes or any other liquid, solid, gaseous, or hazardous substance.

22. "Practical quantitation limit" means the lowest level of quantitative measurement that can be reliably achieved during a routine laboratory operation.

"Recharge Project" means a facility necessary or convenient to obtain, divert, withdraw, transport, exchange, deliver, treat, or store water to infiltrate or reintroduce that water into the ground.

24. "Toxic" means a pollutant or combination of pollutants, that after discharge and upon exposure, ingestion, inhalation, or assimilation into an organism, either directly from the environment or indirectly by ingestion through food chains, may cause death, disease, behavioral abnormalities, cancer, genetic mutations, physiological malfunctions (including malfunctions in reproduction), or physical deformations in the organism or its offspring.

"Urban lake" means a manmade lake within an urban landscape.

26. "Wastewater" does not mean:

a. Stormwater,

b. Discharges authorized under the De Minimus General Permit,

c. Other allowable non-stormwater discharges permitted under the Construction General Permit or the Multi-sector General Permit, or

d. Stormwater discharges from a municipal storm sewer system (MS4) containing incidental amounts of non-stormwater that the MS4 is not required to prohibit.

27. "Wetland" means, for the purposes of non-WOTUS protected surface waters, an area that is inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.

28. "WOTUS" means waters of the state that are also navigable waters as defined by Section 502(7) of the Clean Water Act.

29. "WOTUS protected surface water" means a protected surface water that is a WOTUS.

30. "Zone of initial dilution" means a small area in the immediate vicinity of an outfall structure in which turbulence is high and causes rapid mixing with the surrounding water.

History

• Amended effective January 29, 1980 (Supp. 80-1). Amended subsection A. effective April 17, 1984 (Supp. 84-2). Former Section R9-21-201 repealed, former Section R9-21-203 renumbered as Section R9-21-201 and amended effective January 7, 1985 (Supp. 85-1). Amended effective August 12, 1986 (Supp. 86-4). Former Section R9-21-201 renumbered without change as Section R18-11-201 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-202 Applicability

A. The water quality standards prescribed in this Article apply to non-WOTUS protected surface waters.

B. The water quality standards prescribed in this Article do not apply to the following:

1. A waste treatment system, including an impoundment, pond, lagoon, or constructed wetland that is part of the waste treatment system;

2. A man-made surface impoundment and any associated ditch and conveyance used in the extraction, beneficiation, or processing of metallic ores including:

a. A pit,

b. Pregnant leach solution pond

c. Raffinate pond,

d. Tailing impoundment,

e. Decant pond,

f. Pond of sump in a mine put associated with dewatering activity,

g. Pond holding water that has come into contact with a process or product that is being held for recycling,

h. Spill or catchment pond, or

i. A pond used for onsite remediation

3. A man-made cooling pond that is neither created in a surface water nor results from the impoundment of a surface water; or

4. A surface water located on tribal lands.

5. WOTUS Protected Surface Waters

History

• Former Section R9-21-202 repealed, former Section R9-21-102 renumbered as Section R9-21-202 and amended effective January 7, 1985 (Supp. 85-1). Amended subsections (B), (D), and (E) effective August 12, 1986 (Supp. 86-4). Former Section R9-21-202 renumbered without change as Section R18-11-202 (Supp. 87-3). Section repealed, new Section adopted effective February 18, 1992 (Supp. 92-1). Section repealed effective April 24, 1996 (Supp. 96-2). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-203 Designated Uses for Non-WOTUS Protected Surface Waters

A. The designated uses for specific non-WOTUS protected surface waters are listed in the Protected Surface Waters List in this article. The designated uses that may be assigned to a non-WOTUS protected surface water are:

1. Full-body contact AZ,

2. Partial-body contact AZ,

3. Domestic water source AZ,

4. Fish consumption AZ,

5. Aquatic and wildlife AZ (cold water),

6. Aquatic and wildlife AZ (warm water),

7. Agricultural irrigation AZ, and

8. Agricultural livestock watering AZ.

B. Numeric water quality criteria to maintain and protect water quality for the designated uses assigned to non-WOTUS protected surface waters are prescribed in R18-11-215 . Narrative water quality standards to protect non-WOTUS protected surface waters are prescribed in R18-11-214.

C. If a non-WOTUS protected surface water has more than one designated use listed in the Protected Surface Waters List, the most stringent water quality criterion applies.

D. The Director shall revise the designated uses of a non-WOTUS protected surface water if water quality improvements result in a level of water quality that permits a use that is not currently listed as a designated use in the Protected Surface Waters List.

E. The Director may remove a designated use or adopt a subcategory of a designated use that requires less stringent water quality criteria through a rulemaking action for any of the following reasons:

1. A naturally-occurring pollutant concentration prevents the attainment of the use;

2. A human-caused condition or source of pollution prevents the attainment of the use and cannot be remedied or would cause more environmental damage to correct than to leave in place;

3. A dam, diversion, or other type of hydrologic modification precludes the attainment of the use, and it is not feasible to restore the non-WOTUS protected surface water to its original condition or to operate the modification in a way that would result in attainment of the use;

4. A physical condition related to the natural features of the surface water, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, precludes attainment of an aquatic life designated use.

History

• Amended effective January 29, 1980 (Supp. 80-1). Amended subsection (B) by adding paragraphs (27) and (28) effective October 14, 1981 (Supp. 81-5). Former Section R9-21-203 renumbered as Section R9-21-201, former Section R9-21-204 renumbered as Section R9-21-203 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-203 renumbered and amended as Section R9-21-204, new Section R9-21-203 adopted effective August 12, 1986 (Supp. 86-4). Former Section R9-21-203 renumbered without change as Section R18-11-203 (Supp. 87-3). Amended subsection (B) effective December 1, 1988 (Supp. 88-4). Section repealed, new Section adopted effective February 18, 1992 (Supp. 92-1). Section repealed effective April 24, 1996 (Supp. 96-2). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-204 Interim, Presumptive Designated Uses

The following water quality standards apply to a non-WOTUS protected surface water that is not listed on the Protected Surface Waters List but is added on an emergency basis pursuant to A.R.S. § 49-221(G)(7):

1. The aquatic and wildlife AZ (cold water use applies to a non-WOTUS protected surface water above 5000 feet in elevation;

2. The aquatic and wildlife AZ (warm water) applies to a non-WOTUS protected surface water below 5000 feet in elevation;

3. The full-body contact AZ use applies to a non-WOTUS protected surface water if the Director makes a determination that the non-WOTUS protected surface water is used by humans for swimming or other recreational activity that causes the human body to come into direct contact with the water to the point of complete submergence. The use is such that ingestion of the water is likely and sensitive body organs, such as the eyes, ears, or nose, may be exposed to direct contact with the water.

The partial-body contact AZ use applies to a non-WOTUS protected surface water if the Director makes a determination that the non-WOTUS protected surface water is used by humans in a way that may cause the human body to come into direct contact with the water, but normally not to the point of complete submergence (for example, wading or boating). The use is such that ingestion of the water is not likely and sensitive body organs, such as the eyes, ears, or nose, will not normally be exposed to direct contact with the water.

5. The fish consumption AZ use applies to a non-WOTUS protected surface water if the Director makes a determination that the non-WOTUS protected surface water is used by humans for harvesting aquatic organisms for consumption. Harvestable aquatic organisms include, but are not limited to, fish, clams, turtles, crayfish, and frogs.

6. The domestic water source AZ use applies to a non-WOTUS protected surface water if the Director makes a determination that the non-WOTUS protected surface water is used by humans as a source of potable water.

7. The agricultural irrigation AZ use applies to a non-WOTUS protected surface water if the Director makes a determination that the non-WOTUS protected surface water is used for crop irrigation.

8. The agricultural livestock watering AZ use applies to any non-WOTUS protected surface water if the Director makes a determination that the non-WOTUS protected surface water is used as a water supply for consumption by livestock.

History

• Former Section R9-21-204 renumbered and amended as Section R9-21-207, former Section R9-21-206 renumbered and amended as Section R9-21-204 effective January 29, 1980 (Supp. 80-1). Former Section R9-21-204 renumbered as Section R9-21-203, former Section R9-21-205 renumbered as Section R9-21-204 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-204 renumbered and amended as Section R9-21-205, former Section R9-21-203 renumbered and amended as Section R9-21-204 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-204 renumbered without change as Section R18-11-204 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-205 Analytical Methods

A. A person conducting an analysis of a sample taken to determine compliance with a water quality standard shall use an analytical method prescribed in A.A.C. R9-14-610 or an alternative method approved under A.A.C. R9-14-610(C).

B. A test result from a sample taken to determine compliance with a water quality standard is valid only if the sample is analyzed by a laboratory that is licensed by the Arizona Department of Health Services, an out-of-state laboratory licensed under A.R.S. § 36495.14, or a laboratory exempted under A.R.S. § 36-495.02, for the analysis performed.

History

• Former Section R9-21-205 repealed, new Section R9-21-205 adopted effective January 29, 1980 (Supp. 80-1). Former Section R9-21-205 renumbered as Section R9-21-204, former Section R9-21-206 renumbered as Section R9-21-205 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-205 renumbered and amended as Section R9-21-206, former Section R9-21-204 renumbered and amended as Section R9-21-205 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-205 renumbered without change as Section R18-11-205 (Supp. 87-3). Section repealed, new Section adopted effective February 18, 1992 (Supp. 92-1). Section repealed April 24, 1996 (Supp. 96-2). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-206 Mixing Zones

A. The Director may establish a mixing zone for a point source discharge to a non-WOTUS protected surface water as a condition of an individual AZPDES permit on a pollutant-by-pollutant basis. A mixing zone is prohibited where there is no water for dilution, or as prohibited pursuant to subsection (H).

B. The owner or operator of a point source seeking the establishment of a mixing zone shall submit a request to the Director for a mixing zone as part of an application for an AZPDES permit. The request shall include:

1. An identification of the pollutant for which the mixing zone is requested;

2. A proposed outfall design;

3. A definition of the boundary of the proposed mixing zone. For purposes of this subsection, the boundary of a mixing zone is where complete mixing occurs; and

4. A complete and detailed description of the existing physical, biological, and chemical conditions of the receiving water and the predicted impact of the proposed mixing zone on those conditions. The description shall also address the factors listed in subsection (D) that the Director must consider when deciding to grant or deny a request and shall address the mixing zone requirements in subsection (H).

C. The Director shall consider the following factors when deciding whether to grant or deny a request for a mixing zone:

1. The assimilative capacity of the receiving water;

2. The likelihood of adverse human health effects;

3. The location of drinking water plant intakes and public swimming areas;

4. The predicted exposure of biota and the likelihood that resident biota will be adversely affected;

5. Bioaccumulation;

6. Whether there will be acute toxicity in the mixing zone, and, if so, the size of the zone of initial dilution;

7. The known or predicted safe exposure levels for the pollutant for which the mixing zone is requested;

8. The size of the mixing zone;

9. The location of the mixing zone relative to biologically sensitive areas in the surface water;

10. The concentration gradient of the pollutant within the mixing zone;

11. Sediment deposition;

12. The potential for attracting aquatic life to the mixing zone; and

13. The cumulative impacts of other mixing zones and other discharges to the surface water.

D. Director determination.

1. The Director shall deny a request to establish a mixing zone if an applicable water quality standard will be violated outside the boundaries of the proposed mixing zone.

2. If the Director approves the request to establish a mixing zone, the Director shall establish the mixing zone as a condition of an AZPDES permit. The Director shall include any mixing zone condition in the AZPDES permit that is necessary to protect human health and the designated uses of the surface water.

E. Any person who is adversely affected by the Director's decision to grant or deny a request for a mixing zone may appeal the decision under A.R.S. § 49-321 et seq. and A.R.S. § 41-1092 et seq.

F. The Director shall reevaluate a mixing zone upon issuance, reissuance, or modification of the AZPDES permit for the point source or a modification of the outfall structure.

G. Mixing zone requirements.

1. A mixing zone shall be as small as practicable in that it shall not extend beyond the point in the waterbody at which complete mixing occurs under the critical flow conditions of the discharge and of the receiving water.

2. The total horizontal area allocated to all mixing zones on a lake shall not exceed 10 percent of the surface area of the lake.

3. Adjacent mixing zones in a lake shall not overlap or be located closer together than the greatest horizontal dimension of the largest mixing zone.

4. The design of any discharge outfall shall maximize initial dilution of the wastewater in a surface water.

5. The size of the zone of initial dilution in a mixing zone shall prevent lethality to organisms passing through the zone of initial dilution. The mixing zone shall prevent acute toxicity and lethality to organisms passing through the mixing zone.

H. The Director shall not establish a mixing zone in an AZPDES permit for the following persistent, bioaccumulative pollutants:

1. Chlordane,

2. DDT and its metabolites (DDD and DDE),

3. Dieldrin,

4. Dioxin,

5. Endrin,

6. Endrin aldehyde,

7. Heptachlor,

8. Heptachlor epoxide,

9. Lindane,

10. Mercury,

11. Polychlorinated biphenyls (PCBs), and

12. Toxaphene.

History

• Former Section R9-21-206 renumbered and amended as Section R9-21-204, new Section R9-21-206 adopted effective January 29, 1980 (Supp. 80-1). Amended by adding subsection (B) effective October 14, 1981 (Supp. 81-5). Amended subsection (B) and Table 1 effective January 29, 1982 (Supp. 82-1). Amended subsection (B) and Table 1 effective August 13, 1982 (Supp. 82-4). Former Section R9-21-206 renumbered as Section R9-21-205, former Section R9-21-207 renumbered as Section R9-21-206 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-206 renumbered and amended as Section R9-21-207, former Section R9-21-205 renumbered and amended as R9-21-206 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-206 renumbered without change as Section R18-11-206 (Supp. 87-3). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-207 Natural background

Where the concentration of a pollutant exceeds a water quality standard and the exceedance is caused solely by naturally occurring conditions, the exceedance shall not be considered a violation of the water quality standard.

History

• Former Section R9-21-207 repealed, former Section R9-21-204 renumbered and amended as Section R9-21-207 effective January 29, 1980 (Supp. 80-1). Former Section R9-21-207 renumbered as Section R9-21-206, former Section R9-21-208 renumbered as Section R9-21-207 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-207 renumbered without change as Section R9-21-208, former Section R9-21-206 renumbered and amended as Section R9-21-207 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-207 renumbered without change as Section R18-11-207 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-208 Schedules of Compliance

A compliance schedule in an AZPDES permit shall require the permittee to comply with a discharge limitation based upon a new or revised water quality standard as soon as possible to achieve compliance. The permittee shall demonstrate that the point source cannot comply with a discharge limitation based upon the new or revised water quality standard through the application of existing water pollution control technology, operational changes, or source reduction. In establishing a compliance schedule, the Director shall consider:

1. How much time the permittee has already had to meet any effluent limitations under a prior permit;

2. The extent to which the permittee has made good faith efforts to comply with the effluent limitations and other requirements in a prior permit;

3. Whether treatment facilities, operations, or measures must be modified to meet the effluent limitations;

4. How long any necessary modifications would take to implement; and

5. Whether the permittee would be expected to use the same treatment facilities, operations or other measures to meet the effluent limitations as it would have used to meet the effluent limitations in a prior permit.

History

• Former Section R9-21-208 repealed, new Section R9-21-208 adopted effective January 29, 1980 (Supp. 80-1). Former Section R9-21-208 renumbered as Section R9-21-207, Appendices 1 through 9 amended as Appendix A (now shown following R9-21-213), former Section R9-21-209 renumbered as R9-21-208 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-208 renumbered and amended as Section R9-21-209, former Section R9-21-207 renumbered without change as Section R9-21-208 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-208 renumbered without change as Section R18-11-208 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-209 Variances

A. Upon request, the Director may establish, by rule, a discharger-specific or water segment-specific or water segments-specific variance from a water quality standard if requirements pursuant to this Section are met.

B. A person who requests a variance must demonstrate all of the following information:

1. Identification of the specific pollutant and water quality standard for which a variance is sought.

2. Identification of the receiving surface water segment or segments to which the variance would apply.

3. A detailed discussion of the need for the variance, including the reasons why compliance with the water quality standard cannot be achieved over the term of the proposed variance, and any other useful information or analysis to evaluate attainability.

4. A detailed description of proposed interim discharge limitations and pollutant control activities that represent the highest level of treatment achievable by a point source discharger or dischargers during the term of the variance.

5. Documentation that the proposed term is only as long as necessary to achieve compliance with applicable water quality standards.

6. Documentation that is appropriate to the type of designated use to which the variance would apply as follows. For a water quality standard variance documentation must include a demonstration of at least one of the following factors that preclude attainment of the use during the term of the variance:

a. Naturally occurring pollutant concentrations prevent attainment of the use;

b. Natural, ephemeral, intermittent or low flow conditions or water levels prevent the attainment of the use, unless these conditions may be compensated for by the discharge of sufficient volume of effluent discharges without violating state water conservation requirements to enable uses to be met;

c. That human-caused conditions or sources of pollution prevent the attainment of the water quality standard for which the variance is sought and either (1) it is not possible to remedy the conditions or sources of pollution or (2) remedying the human-caused conditions would cause more environmental damage to correct than to leave in place;

d. Dams, diversions or other types of hydrologic modifications preclude the attainment of the use, and it is not feasible to restore the water body to its original condition or to operate such modification n a way that would result in the attainment of the use;

e. Physical conditions related to the natural features of the water body, such as the lack of a proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude attainment of aquatic life protection uses;

f. Actions necessary to facilitate lake, wetland, or stream restoration through dam removal or other significant reconfiguration activities preclude attainment of the designated use and criterion while the actions are being implemented.

7. For a waterbody segment-specific or segments-specific variance, the following information is required before the Director may issue a variance, in addition to all other required documentation pursuant to this Section:

a. Identification and documentation of any cost-effective and reasonable best management practices for nonpoint source controls related to the pollutant or pollutants or water quality parameter or parameters and water body or waterbody segment or segments specified in the variance that could be implemented to make progress towards attaining the underlying designated use and criterion; and

b. If any variance pursuant to subsection (B)(7)(a) previously applied to the water body or waterbody segment or segments, documentation must also demonstrate whether and to what extent best management practices for nonpoint source controls were implemented to address the pollutant or pollutants or water quality parameter or parameters subject to the water quality variance and the water quality progress achieved.

8. For a discharger-specific variance, the following information is required before the Director may issue a variance, in addition to all other required documentation pursuant to this Section: Identification of the permittee subject to the variance.

C. The Director shall consider the following factors when deciding whether to grant or deny a variance request:

1. Bioaccumulation,

2. The predicted exposure of biota and the likelihood that resident biota will be adversely affected,

3. The known or predicted safe exposure levels for the pollutant for which the variance is requested, and

4. The likelihood of adverse human health effects.

D. The variance shall represent the highest attainable condition of the water body or water body segment applicable throughout the term of the variance.

E. A variance shall not result in any lowering of the currently attained ambient water quality, unless the variance is necessary for restoration activities, consistent with subsection (B)(6)(a)(vi). The Director must specify the highest attainable condition of the water body or waterbody segment as a quantifiable expression of one of the following:

1. The highest attainable interim criterion,

2. The interim effluent condition that reflects the greatest pollutant reduction achievable.

F. A variance shall not modify the underlying designated use and criterion. A variance is only a time limited exception to the underlying standard. For discharge-specific variances, other point source dischargers to the surface water that are not granted a variance shall still meet all applicable water quality standards.

G. Point source discharges shall meet all other applicable water quality standards for which a variance is not granted.

H. The term of the water quality variance may only be as long as necessary to achieve the highest attainable condition and must be consistent with the supporting documentation in subsection (E).

I. The Director shall periodically, but not more than every five years, reevaluate whether each variance continues to represent the highest attainable condition. Comment on the variance shall be considered regarding whether the variance continues to represent the highest attainable condition during each rulemaking for this Article. If the Director determines that the requirements of the variance do not represent the highest attainable condition, then the Director shall modify or repeal the variance during the rulemaking.

J. If the variance is modified by rulemaking, the requirements of the variance shall represent the highest attainable condition at the time of initial adoption of the variance, or the highest attainable condition identified during the current reevaluation, whichever is more stringent.

K. Upon expiration of a variance, point source dischargers shall comply with the water quality standard.

History

• Former Section R9-21-209 renumbered and amended as Section R9-21-210, new Section R9-21-209 adopted effective January 29, 1980 (Supp. 80-1). Former Section R9-21-209 renumbered as Section R9-21-208, Tables I and II amended as Appendix B (now shown following R9-21-213 and Appendix A), former Section R9-21-210 renumbered as Section R9-21-209 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-209 renumbered and amended as Section R9-21-210, former Section R9-21-208 renumbered and amended as Section R9-21-209 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-209 renumbered without change as Section R18-11-209 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-210 Site Specific Standards

A. The Director shall adopt a site-specific standard by rule.

B. The Director may adopt a site-specific standard based upon a request or upon the Director's initiative for any of the following reasons:

1. Local physical, chemical, or hydrological conditions of a non-WOTUS protected surface water such as pH, hardness, fate and transport, or temperature alters the biological availability or toxicity of a pollutant;

2. The sensitivity of resident aquatic organisms that occur in a non-WOTUS protected surface water to a pollutant differs from the sensitivity of the species used to derive the numeric water quality standards to protect aquatic life in R18-11-215;

3. Resident aquatic organisms that occur in a non-WOTUS protected surface water represent a narrower mix of species than those in the dataset used by ADEQ to derive numeric water quality standards to protect aquatic life in R18-11-215;

4. The natural background concentration of a pollutant is greater than the numeric water quality standard to protect aquatic life prescribed in R18-11-215 . "Natural background" means the concentration of a pollutant in a non-WOTUS protected surface water due only to non-anthropogenic sources; or

5. Other factors or combination of factors that upon review by the Director warrant changing a numeric water quality standard for a non-WOTUS protected surface water.

C. Site-specific standard by request. To request that the Director adopt a site-specific standard, a person must conduct a study to support the development of a site-specific standard using a scientifically defensible procedure. Before conducting the study, a person shall submit a study outline to the Director for approval that contains the following elements:

1. Identifies the pollutant;

2. Describes the reach's boundaries;

3. Describes the hydrologic regime of the waterbody;

4. Describes the scientifically defensible procedure, which can include relevant aquatic life studies, ecological studies, laboratory tests, biological translators, fate and transport models, and risk analyses;

5. Describes and compares the taxonomic composition, distribution and density of the aquatic biota within the reach to a reference reach and describes the basis of any major taxonomic differences;

6. Describes the pollutant's effect on the affected species or appropriate surrogate species and on the other designated uses listed for the reach;

7. Demonstrates that all designated uses are protected; and

8. A person seeking to develop a site-specific standard based on natural background may use statistical or modeling approaches to determine natural background concentration.

History

• Former Section R9-21-210 renumbered and amended as Section R9-21-211, former Section R9-21-209 renumbered and amended as Section R9-21-210 effective January 29, 1980 (Supp. 80-1). Amended subsection (A) effective April 17, 1984 (Supp. 84-2). Former Section R9-21-210 renumbered as Section R9-21-209, former Section R9-21-211 renumbered as Section R9-21-210 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-210 renumbered and amended as Section R9-21-211, former Section R9-21-209 renumbered and amended as Section R9-21-210 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-210 renumbered without change as Section R18-11-210 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-211 Enforcement of Non-permitted Discharges to Non-WOTUS Protected Surface Waters

A. The Department may establish a numeric water quality standard at a concentration that is below the practical quantitation limit. Therefore, in enforcement actions pursuant to subsection (B), the water quality standard is enforceable at the practical quantitation limit.

B. Except for chronic aquatic and wildlife criteria, for non-permitted discharge violations, the Department shall determine compliance with numeric water quality standard criteria from the analytical result of a single sample, unless additional samples are required under this article. For chronic aquatic and wildlife criteria, compliance for non-permitted discharge violations shall be determined from the geometric mean of the analytical results of the last four samples taken at least 24 hours apart. For the purposes of this Section, a "nonpermitted discharge violation" does not include a discharge regulated under an AZPDES permit.

History

• Former Section R9-21-210 renumbered and amended as Section R9-21-211 effective January 29, 1980 (Supp. 80-1). Amended subsections (D), (G) three (I), and added (J) effective October 14, 1981 (Supp. 81-5). Former Section R9-21-211 renumbered as Section R9-21-210, former Section R9-21-212 renumbered as Section R9-21-211 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-211 renumbered and amended as Section R9-21-212, former Section R9-21-210 renumbered and amended as Section R9-21-211 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-211 renumbered without change as Section R18-11-211 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-212 Statements of Intent and Limitations on the Reach of Article 2

A. Nothing in this Article prohibits fisheries management activities by the Arizona Game and Fish Department or the U.S. Fish and Wildlife Service. This Article does not exempt fish hatcheries from AZPDES permit requirements.

B. Nothing in this Article prevents the routine physical or mechanical maintenance of canals, drains, and the urban lakes identified as non-WOTUS protected surface waters on the Protected Surface Waters List. Physical or mechanical maintenance includes dewatering, lining, dredging, and the physical, biological, or chemical control of weeds and algae. Increases in turbidity that result from physical or mechanical maintenance activities are permitted in canals, drains, and the urban lakes identified on the Protected Surface Waters List.

C. Increases in turbidity that result from the routine physical or mechanical maintenance of a dam or flood control structure are not violations of this Article.

D. Nothing in this Article requires the release of water from a dam or a flood control structure.

History

• Adopted effective January 29, 1980 (Supp. 80-1). Former Section R9-21-212 renumbered as Section R9-21-211, former Section R9-21-213 renumbered as Section R9-21-212 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-212 repealed, former Section R9-21-211 renumbered and amended as Section R9-21-212 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-212 renumbered without change as Section R18-11-212 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-213 Procedures for Determining Economic, Social, and Environmental Cost and Benefits

A. The Director shall perform an economic, social, and environmental cost and benefits analysis that shows the benefits outweigh the costs before conducting any of the following rulemaking actions:

1. Adopting a water quality standard that applies to non-WOTUS protected surface waters at a particular level or for a particular water category of non-WOTUS protected surface waters;

2. Adding a non-WOTUS protected surface water to the Protected Surface Waters List when the conditions of A.R.S. § 49-221(G)(4) apply; or

3. Removing a non-WOTUS protected surface water from the Protected Surface Waters List when the conditions of A.R.S. § 49-221(G)(6) apply.

B. The economic, social, and environmental cost and benefit analysis must include:

1. A justification of the valuation methodology used to quantify the costs or benefits of the rulemaking action;

2. A reference to any study relevant to the economic, social, and environmental cost and benefit analysis that the agency reviewed and proposes either to rely on or not to rely on in its evaluation of the costs and benefits of the rulemaking action;

3. A description of any data on which an economic, social, and environmental cost and benefits analysis is based and an explanation of how the data was obtained and why the data is acceptable data.

4. A description of the probable impact of the rulemaking on any existing AZPDES permits that are impacted by the rulemaking action;

5. A description of the probable amount of additional AZPDES permits that will be required for known and ongoing point-source discharges after the rulemaking is completed that otherwise would not have been required if the Director did not undertake the rulemaking action; and

6. The administrative and other costs to ADEQ associated with the proposed rulemaking.

C. The Director shall publish a copy of the economic, social, and environmental cost and benefits analysis to the agency website prior to filing any rulemaking materials during any of the rulemaking actions listed in subsection (A) of this rule.

D. If for any reason enough data is not reasonably available to comply with the requirements of subsection (B) of this section, the agency shall explain the limitations of the data and the methods that were employed in the attempt to obtain the data and shall characterize the probable impacts in qualitative terms.

E. The Director is not required to prepare the economic, social, and environmental cost and benefits analysis required by this rule when:

1. Adding or removing a WOTUS-protected surface water from the Protected Surface Waters List; or

2. Adding a water to the Protected Surface Waters List on an emergency basis pursuant to A.R.S. § 49-221(G)(7).

History

• Adopted effective January 29, 1980 (Supp. 80-1). Amended effective April 17, 1984 (Supp. 84-2). Former Section R9-21-213 renumbered as Section R9-21-212, former Section R9-21-103 renumbered as Section R9-21-213 and amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-213 renumbered without change as Section R9-21-214, new Section R9-21-213 adopted effective August 12, 1986 (Supp. 86-4). Former Section R9-21-213 renumbered without change as Section R18-11-213 (Supp. 87-3). Amended effective December 1, 1988 (Supp. 88-4). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-214 Narrative Water Quality Standards for Non-WOTUS Protected Surface Waters

A. A non-WOTUS protected surface water shall not contain pollutants in amounts or combinations that:

1. Settle to form bottom deposits that inhibit or prohibit the habitation, growth, or propagation of aquatic life;

2. Cause objectionable odor in the area in which the non-WOTUS protected surface water is located;

3. Cause off-taste or odor in drinking water;

4. Cause off-flavor in aquatic organisms;

Are toxic to humans, animals, plants, or other organisms;

6. Cause the growth of algae or aquatic plants that inhibit or prohibit the habitation, growth, or propagation of other aquatic life or that impair recreational uses;

7. Cause or contribute to a violation of an aquifer water quality standard prescribed in R18-11-405 or R18-11-406; or

8. Change the color of the non-WOTUS protected surface water from natural background levels of color.

B. A non-WOTUS protected surface water shall not contain oil, grease, or any other pollutant that floats as debris, foam, or scum; or that causes a film or iridescent appearance on the surface of the water; or that causes a deposit on a shoreline, bank, or aquatic vegetation. The discharge of lubricating oil or gasoline associated with the normal operation of a recreational watercraft is not a violation of this narrative standard

C. A non-WOTUS protected surface water shall not contain a discharge of suspended solids in quantities or concentrations that interfere with the treatment processes at the nearest downstream potable water treatment plant or substantially increase the cost of handling solids produced at the nearest downstream potable water treatment plant.

History

• Former Section R9-21-213 renumbered without change as Section R9-21-214 effective August 12, 1986 (Supp. 86-4). Former Section R9-21-214 renumbered without change as Section R18-11-214 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-215 Numeric Water Quality Standards for Non-WOTUS Protected Surface Waters

A. E. coli bacteria. The following water quality standards for Escherichia coli (E. coli) are expressed in colony-forming units per 100 milliliters of water (cfu / 100 ml) or as a Most Probable Number (MPN):

| E. coli | FBC AZ | PBC AZ | | --- | --- | --- | | Geometric mean (minimum of four samples in 30 days) | 126 | 126 | | Statistical threshold value | 410 | 576 |

B. pH. The following water quality standards for non-WOTUS protected surface waters pH are expressed in standard units:

| pH | DWS AZ | FBC AZ, PBC AZ, A&Ww AZ, A&Wc AZ | AgI AZ | AgL AZ | | --- | --- | --- | --- | --- | | Maximum | 9.0 | 9.0 | 9.0 | 9.0 | | Minimum | 5.0 | 6.5 | 4.5 | 6.5 |

C. The maximum allowable increase in ambient water temperature, due to a thermal discharge is as follows:

| A&Ww AZ | A&Wc AZ | | --- | --- | | 3.0° C | 1.0° C |

D. Suspended sediment concentration.

1. The following water quality standards for suspended sediment concentration, expressed in milligrams per liter (mg/L), are expressed as a median value determined from a minimum of four samples collected at least seven days apart:

2. The Director shall not use the results of a suspended sediment concentration sample collected during or within 48 hours after a local storm event to determine the median value.

| A&Wc AZ | A&Ww AZ | | --- | --- | | 25 | 80 |

E. Dissolved oxygen. A non-WOTUS protected surface water meets the water quality standard for dissolved oxygen when either:

1. The percent saturation of dissolved oxygen is equal to or greater than 90 percent, or

2. The single sample minimum concentration for the designated use, as expressed in milligrams per liter (mg/L) is as follows:

| Designated Use | Single sample minimum | | --- | --- | | concentration in mg/L | | | A&Ww AZ | 6.0 | | A&Wc AZ | 7.0 |

The single sample minimum concentration is the same for the designated use in a lake, but the sample must be taken from a depth no greater than one meter.

F. The tables in this subsection prescribe water quality criteria for individual pollutants by designated use:

History

• New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Ariz. Admin. Code § R18-11-217 Best Management Practices for non-WOTUS Protected Surface Waters

A. The BMPs described in this rule are intended to ensure that activities within the ordinary high-water mark of perennial or intermittent non-WOTUS protected surface waters, or within the bed and bank of other waters that materially impact (i.e., are within 1/4 mile upstream of) non-WOTUS protected surface waters, do not violate applicable surface water quality standards in the non-WOTUS protected surface waters. For purposes of this section, the activities described in the prior sentence will be referred to as "regulated activities." Depending on the regulated activities conducted, not all of the BMPs described below may be applicable to a particular project. The owner or operator is responsible to consider the BMPs outlined below and to implement those necessary to ensure that the regulated activities will not violate applicable surface water quality standards in the non-WOTUS protected surface water.

B. The BMPs described below are not applicable to any activities that are addressed under an individual or general AZPDES permit that are otherwise regulated under A.R.S. Title 49.

C. Erosion and sedimentation control BMPs:

1. When flow is present in any non-WOTUS protected surface waters within a project area, flow shall not be altered except to prevent erosion or pollution of any non-WOTUS protected surface waters.

2. Any disturbance within the ordinary high-water mark of non-WOTUS protected surface waters or within the bed and banks of other waters, that is not intended to be permanently altered, shall be stabilized as soon as practicable to prevent erosion and sedimentation.

3. When flow in any non-WOTUS protected surface water is sufficient to erode, carry, or deposit material, regulated activities shall cease until:

a. The flow decreases below the point where sediment movement ceases; or

b. Control measures have been undertaken, i.e., equipment and material easily transported by flow are protected within non-erodible barriers or moved outside the flow area.

4. Silt laden or turbid water resulting from regulated activities should be managed in a manner to reduce sediment load prior to discharging.

5. No washing or dewatering of fill material should occur within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface waters. Other than the replacement of native fill or material used to support vegetation rooting or growth, fill placed within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface water must resist washout whether such resistance is derived via particle size limits, presence of a binder, vegetation, or other armoring.

D. Pollutant management BMPs:

1. If regulated activities are likely to violate applicable surface water quality standards in a perennial or intermittent non-WOTUS protected surface water, operations shall cease until the problem is resolved or until control measures have been implemented.

2. Construction material and/or fill (other than native fill or that necessary to support revegetation) placed within surface waters as a result of regulated activities shall not include pollutants in concentrations that will violate applicable surface water quality standards in a perennial or intermittent non-WOTUS protected surface water.

E. Construction phase BMPs:

1. Equipment staging and storage areas or fuel, oil, and other petroleum products storage and solid waste containment should not be located within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface water.

2. Any equipment maintenance, washing, or fueling shall not be done within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface waters with the following exception: Equipment too large or unwieldy to be readily moved, such as large cranes, may be fueled and serviced in non-WOTUS protected surface waters (but outside of standing or flowing water) provided material specifically manufactured and sold as spill containment is in place during fueling/servicing.

3. All equipment shall be inspected for leaks, all leaks shall be repaired, and all repaired equipment shall be cleaned to remove any fuel or other fluid residue prior to use within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface waters.

4. Washout of concrete handling equipment shall not take place within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface waters.

F. Post-construction BMPs:

1. Upon completion of regulated activities, areas within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface waters shall be promptly cleared of all forms, piling, construction residues, equipment, debris, or other obstructions.

2. If fully, partially, or occasionally submerged structures are constructed of cast-in-place concrete instead of pre-cast concrete, steps will be taken using sheet piling or temporary dams to prevent contact between water (instream and runoff) and the concrete until it cures and until any curing agents have evaporated or are no longer a pollutant threat.

3. Any permanent water crossings within the ordinary high-water mark of any perennial or intermittent in a non-WOTUS protected surface water (other than fords) shall not be equipped with gutters, drains, scuppers, or other conveyances that allow untreated runoff (due to events equal to or lesser in magnitude than the design event for the crossing structure) to directly enter a non-WOTUS protected surface water if such runoff can be directed to a local stormwater drainage, containment, and/or treatment system.

4. Debris shall be cleared as needed from culverts, ditches, dips, and other drainage structures within the ordinary high-water mark of any perennial or intermittent non-WOTUS protected surface water to prevent clogging or conditions that may lead to a washout.

5. Temporary structures constructed or imported materials shall be removed no later than upon completion of the regulated activities.

6. Temporary structures constructed of native materials, if they provide an obstacle to flow or can contribute to or cause erosion, or cause changes in sediment load, shall be removed no later than upon completion of the regulated activities.

G. Design consideration BMPs:

1. All temporary structures constructed of imported materials and all permanent structures, including but not limited to, access roadways, culvert crossings, staging areas, material stockpiles, berms, dikes, and pads, shall be constructed so as to accommodate overtopping and resist washout by streamflow.

Any temporary crossing, other than fords on native material, shall be constructed in such a manner so as to provide armoring of the stream channel. Materials used to provide this armoring shall not include anything easily transportable by flow. Examples of acceptable materials include steel plates, untreated wooden planks, pre-cast concrete planks or blocks. Examples of unacceptable materials include clay, silt, sand, and gravel finer than cobble (roughly fist-sized). The armoring shall, via mass, anchoring systems, or a combination of the two, resist washout.

H. Notification. The owner or operator of any regulated activities shall, five days prior to initiation of the regulated activities, submit a notice to ADEQ on a form that includes basic information including the GPS location, the waterbody ID of the nearest non-WOTUS protected surface water, general description of planned activities, types of BMPs to be employed during the project, and phone number and email for a contact person. Work may proceed after five calendar days have passed since the owner/operator provided notification to ADEQ unless ADEQ responds in writing to the contact person for the owner/operator.

I. Exclusions: The BMPS and notification requirements in this section shall not apply to:

1. Activities that are already regulated under A.R.S. Title 49.

Discharges to a non-WOTUS protected surface water incidental to a recharge project.

3. Established or ongoing farming, ranching and silviculture activities such as plowing, seeding, cultivating, minor drainage or harvesting for the production of food, fiber or forest products or upland soil and water conservation practices.

4. Maintenance but not construction of drainage ditches.

5. Construction and maintenance of irrigation ditches.

6. Maintenance of structures as dams, dikes, and levees.

History

• New Section made by final rulemaking at 29 A.A.R. 302, effective 2/20/2023.

Article 3 RECLAIMED WATER QUALITY STANDARDS

Ariz. Admin. Code § R18-11-301 Definitions

The terms in this Article have the following meanings:

"Direct reuse" has the meaning prescribed in R18-9-A701(2).

"Disinfection" means a treatment process that uses oxidants, ultraviolet light, or other agents to kill or inactivate pathogenic organisms in wastewater.

"Filtration" means a treatment process that removes particulate matter from wastewater by passage through porous media.

"Gray water" means wastewater, collected separately from a sewage flow, that originates from a clothes washer, bathtub, shower, or sink, but it does not include wastewater from a kitchen sink, dishwasher, or a toilet.

"Industrial wastewater" means wastewater generated from an industrial process.

"Landscape impoundment" means a manmade lake, pond, or impoundment of reclaimed water where swimming, wading, boating, fishing, and other water-based recreational activities are prohibited. A landscape impoundment is created for storage, landscaping, or for aesthetic purposes only.

"NTU" means nephelometric turbidity unit.

"On-site wastewater treatment facility" has the meaning prescribed in A.R.S. § 49-201(29).

"Open access" means that access to reclaimed water by the general public is uncontrolled.

"Reclaimed water" has the meaning prescribed in A.R.S. § 49- 201(41).

"Recreational impoundment" means a manmade lake, pond, or impoundment of reclaimed water where boating or fishing is an intended use of the impoundment. Swimming and other full-body recreation activities (for example, water-skiing) are prohibited in a recreational impoundment.

"Restricted access" means that access to reclaimed water by the general public is controlled.

"Secondary treatment" means a biological treatment process that achieves the minimum level of effluent quality defined by the federal secondary treatment regulation at 40 CFR § 133.102.

"Sewage" means untreated wastes from toilets, baths, sinks, lavatories, laundries, and other plumbing fixtures in places of human habitation, employment, or recreation.

History

• Adopted effective July 9, 1981 (Supp. 81-4). Former Section R9-21-301renumbered without change as Section R18-11-301 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1). Amended by final expedited rulemaking at 31 A.A.R. 1008, effective 3/7/2025.

Ariz. Admin. Code § R18-11-302 Applicability

This Article applies to the direct reuse of reclaimed water, except for:

1. The direct reuse of gray water, or

2. The direct reuse of reclaimed water from an onsite wastewater treatment facility regulated by a general Aquifer Protection Permit under 18 A.A.C. 9, Article 3.

History

• Adopted effective June 8, 1981 (Supp. 81-3). Amended effective January 7, 1985 (Supp. 85-1). Former Section R9-21-302 renumbered without change as Section R18-11-302 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-11-303 Class A+ Reclaimed Water

A. Class A+ reclaimed water is wastewater that has undergone secondary treatment, filtration, nitrogen removal treatment, and disinfection. Chemical feed facilities to add coagulants or polymers are required to ensure that filtered effluent before disinfection complies with the 24-hour average turbidity criterion prescribed in subsection (B)(1). Chemical feed facilities may remain idle if the 24-hour average turbidity criterion in (B)(1) is achieved without chemical addition.

B. An owner of a facility shall ensure that:

1. The turbidity of Class A+ reclaimed water at a point in the wastewater treatment process after filtration and immediately before disinfection complies with the following:

a. The 24-hour average turbidity of filtered effluent is two NTUs or less, and

b. The turbidity of filtered effluent does not exceed five NTUs at any time.

2. Class A+ reclaimed water meets the following criteria after disinfection treatment and before discharge to a reclaimed water distribution system:

a. There are no detectable fecal coliform organisms in four of the last seven daily reclaimed water samples taken, and

b. The single sample maximum concentration of fecal coliform organisms in a reclaimed water sample is less than 23 / 100 ml.

c. If alternative treatment processes or alternative turbidity criteria are used, or reclaimed water is blended with other water to produce Class A+ reclaimed water under subsection (C), there are no detectable enteric virus in four of the last seven monthly reclaimed water samples taken.

3. The 5-sample geometric mean concentration of total nitrogen in a reclaimed water sample is less than 10 mg / L.

C. An owner of a facility may use alternative treatment methods other than those required by subsection (A), or comply with alternative turbidity criteria other than those required by subsection (B)(1), or blend reclaimed water with other water to produce Class A+ reclaimed water provided the owner demonstrates through pilot plant testing, existing water quality data, or other means that the alternative treatment methods, alternative turbidity criteria, or blending reliably produces a reclaimed water that meets the disinfection criteria in subsection (B)(2) and the total nitrogen criteria in subsection (B)(3) before discharge to a reclaimed water distribution system.

D. Class A+ reclaimed water is not required for any type of direct reuse. A person may use Class A+ reclaimed water for any type of direct reuse listed in Table A.

History

• Adopted effective January 7, 1985 (Supp. 85-1). Amended effective August 12, 1986 (Supp. 86-4). Former Section R9-21-303 renumbered without change as Section R18-11-303 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-11-304 Class A Reclaimed Water

A. Class A reclaimed water is wastewater that has undergone secondary treatment, filtration, and disinfection. Chemical feed facilities to add coagulants or polymers are required to ensure that filtered effluent before disinfection complies with the 24-hour average turbidity criterion prescribed in subsection (B)(1). Chemical feed facilities may remain idle if the 24-hour average turbidity criterion in subsection (B)(1) is achieved without chemical addition.

B. An owner of a facility shall ensure that:

1. The turbidity of Class A reclaimed water at a point in the wastewater treatment process after filtration and immediately before disinfection complies with the following:

a. The 24-hour average turbidity of filtered effluent is two NTUs or less, and

b. The turbidity of filtered effluent does not exceed five NTUs at any time.

2. Class A reclaimed water meets the following criteria after disinfection treatment and before discharge to a reclaimed water distribution system:

a. There are no detectable fecal coliform organisms in four of the last seven daily reclaimed water samples taken, and

b. The single sample maximum concentration of fecal coliform organisms in a reclaimed water sample is less than 23 / 100 ml.

c. If alternative treatment processes or alternative turbidity criteria are used, or reclaimed water is blended with other water to produce Class A reclaimed water under subsection (C), there are no detectable enteric virus in four of the last seven monthly reclaimed water samples taken.

C. An owner of a facility may use alternative treatment methods other than those required by subsection (A), or comply with alternative turbidity criteria other than those required by subsection (B)(1), or blend reclaimed water with other water to produce Class A reclaimed water provided the owner demonstrates through pilot plant testing, existing water quality data, or other means that the alternative treatment methods, alternative turbidity criteria, or blending reliably produces a reclaimed water that meets the disinfection criteria in subsection (B)(2) before discharge to a reclaimed water distribution system.

D. A person shall use Class A reclaimed water for a type of direct reuse listed as Class A in Table A. A person may use Class A reclaimed water for a type of direct reuse listed as Class B or Class C in Table A.

History

• Adopted effective January 7, 1985 (Supp. 85-1). Amended effective August 12, 1986 (Supp. 86-4). Former Section R9-21-304 renumbered without change as Section R18-11-304 (Supp. 87-3). Section repealed effective February 18, 1992 (Supp. 92-1). New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-11-305 Class B+ Reclaimed Water

A. Class B+ reclaimed water is wastewater that has undergone secondary treatment, nitrogen removal treatment, and disinfection.

B. An owner of a facility shall ensure that:

1. Class B+ reclaimed water meets the following criteria after disinfection treatment and before discharge to a reclaimed water distribution system:

a. The concentration of fecal coliform organisms in four of the last seven daily reclaimed water samples is less than 200 / 100 ml.

b. The single sample maximum concentration of fecal coliform organisms in a reclaimed water sample is less than 800 / 100 ml.

2. The 5-sample geometric mean concentration of total nitrogen in a reclaimed water sample is less than 10 mg / L.

C. Class B+ reclaimed water is not required for a type of direct reuse. A person may use Class B+ reclaimed water for a type of direct reuse listed as Class B or Class C in Table A. A person shall not use Class B+ reclaimed water for a type of direct reuse listed as Class A in Table A.

History

• New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-11-306 Class B Reclaimed Water

A. Class B reclaimed water is wastewater that has undergone secondary treatment and disinfection.

B. An owner of a facility shall ensure that Class B reclaimed water meets the following criteria after disinfection treatment and before discharge to a reclaimed water distribution system:

1. The concentration of fecal coliform organisms in four of the last seven daily reclaimed water samples is less than 200 / 100 ml.

2. The single sample maximum concentration of fecal coliform organisms in a reclaimed water sample is less than 800 / 100 ml.

C. A person shall use a minimum of Class B reclaimed water for a type of direct reuse listed as Class B in Table A. A person may use Class B reclaimed water for a type of direct reuse listed as Class C in Table A. A person shall not use Class B reclaimed water for a type of direct reuse listed as Class A in Table A.

History

• New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-11-307 Class C Reclaimed Water

A. Class C reclaimed water is wastewater that has undergone secondary treatment in a series of wastewater stabilization ponds, including aeration, with or without disinfection.

B. The owner of a facility shall ensure that:

1. The total retention time of Class C reclaimed water in wastewater stabilization ponds is at least 20 days.

2. Class C reclaimed water meets the following criteria after treatment and before discharge to a reclaimed water distribution system:

a. The concentration of fecal coliform organisms in four of the last seven reclaimed water samples taken is less than 1000 / 100 ml.

b. The single sample maximum concentration of fecal coliform organisms in a reclaimed water sample is less than 4000 / 100 ml.

C. A person shall use a minimum of Class C reclaimed water for a type of direct reuse listed as Class C in Table A. A person shall not use Class C reclaimed water for a type of direct reuse listed as Class A or Class B in Table A.

History

• New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-11-308 Industrial Reuse

A. The reclaimed water quality requirements for the following direct reuse applications are industry-specific and shall be determined by the Department on a case-by-case basis in a reclaimed water permit issued by the Department under 18 A.A.C. 9, Article 7:

1. Direct reuse of industrial wastewater containing sewage.

Direct reuse of industrial wastewater for the production or processing of any crop used as human or animal food.

B. The Department shall use best professional judgment to determine the reclaimed water quality requirements needed to protect public health and the environment for a type of direct reuse specified in subsection (A).

History

• New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-11-309 Reclaimed Water Quality Standards for an Unlisted Type of Direct Reuse

A. The Department may prescribe in an individual reclaimed water permit issued under 18 A.A.C. 9, Article 7, reclaimed water quality requirements for a type of direct reuse not listed in Table A. Before permitting a direct reuse of reclaimed water not listed in Table A, the Department shall, using its best professional judgment, determine and require compliance with reclaimed water quality requirements needed to protect public health and the environment.

B. Department may determine that Class A+, A, B+, B, or C reclaimed water is appropriate for a new type of direct reuse.

C. The Department shall consider the following factors when prescribing reclaimed water quality requirements for a new type of direct reuse:

1. The risk to public health;

2. The degree of public access to the site where the reclaimed water is reused and human exposure to the reclaimed water;

3. The level of treatment necessary to ensure that the reclaimed water is aesthetically acceptable;

4. The level of treatment necessary to prevent nuisance conditions;

5. Specific water quality requirements for the intended type of direct reuse;

6. The means of application of the reclaimed water;

7. The degree of treatment necessary to avoid a violation of surface water quality standards or aquifer water quality standards;

8. The potential for improper or unintended use of the reclaimed water;

9. The reuse guidelines, criteria, or standards adopted or recommended by the U.S. Environmental Protection Agency or other federal or state agencies that apply to the new type of direct reuse; and

10. Similar wastewater reclamation experience of reclaimed water providers in the United States.

History

• New Section adopted by final rulemaking at 7 A.A.R. 870, effective January 22, 2001 (Supp. 01-1).

Article 4 AQUIFER WATER QUALITY STANDARDS

Ariz. Admin. Code § R18-11-401 Definitions

In addition to the definitions contained in A.R.S. §§ 49-101 and 49-201, the terms of this Article shall have the following meanings:

1. "Beta particle and photon radioactivity from man-made radionuclides" means all radionuclides emitting beta particles or photons, except Thorium-232, Uranium-235, Uranium-238 and their progeny.

2. "Dose equivalent" means the product of the absorbed dose from ionizing radiation and such factors as account for differences in biological effectiveness due to the type of radiation and its distribution in the body as specified by the International Commission on Radiological Units and Measurements.

3. "Drinking water protected use" means the protection and maintenance of aquifer water quality for human consumption.

4. "Gross alpha particle activity" means the total radioactivity due to alpha particle emission as inferred from measurements on a dry sample.

5. "Mg/l" means milligrams per liter.

6. "Millirem" means 1/1000 of a rem. A rem means the unit of dose equivalent from ionizing radiation to the total body or any internal organ or organ system.

7. "Non-drinking water protected use" means the protection and maintenance of aquifer water quality for a use other than for human consumption.

8. "pCi" means picocurie, or the quantity of radioactive material producing 2.22 nuclear transformations per minute.

9. "Total trihalomethanes" means the sum of the concentrations of the following trihalomethane compounds: trichloromethane (chloroform), dibromo-chloromethane, bromodichloromethane and tribromo-methane (bromoform).

History

• Adopted effective January 4, 1990 (Supp. 90-1). Amended effective August 14, 1992 (Supp. 92-3).

Ariz. Admin. Code § R18-11-402 [REPEALED]

History

• Adopted effective January 4, 1990 (Supp. 90-1). Repealed effective August 14, 1992 (Supp. 92-3).

Ariz. Admin. Code § R18-11-403 Analytical Methods

Analysis of a sample to determine compliance with an aquifer water quality standard shall be in accordance with an analytical method specified in A.A.C. Title 9, Chapter 14, Article 6 or an alternative analytical method that is approved by the Director of the Arizona Department of Health Services pursuant to A.A.C. R9-14-610(C).

History

• Adopted effective January 4, 1990 (Supp. 90-1). Amended effective August 14, 1992 (Supp. 92-3). Amended by final expedited rulemaking at 29 A.A.R. 2344, effective 9/22/2023.

Ariz. Admin. Code § R18-11-404 Laboratories

A test result from a sample taken to determine compliance with an aquifer water quality standard shall be valid only if the sample has been analyzed by a laboratory that is licensed by the Arizona Department of Health Services for the analysis performed.

History

• Adopted effective January 4, 1990 (Supp. 90-1). Amended effective August 14, 1992 (Supp. 92-3).

Ariz. Admin. Code § R18-11-405 Narrative Aquifer Water Quality Standards

A. A discharge shall not cause a pollutant to be present in an aquifer classified for a drinking water protected use in a concentration which endangers human health.

B. A discharge shall not cause or contribute to a violation of a water quality standard established for a navigable water of the state.

C. A discharge shall not cause a pollutant to be present in an aquifer which impairs existing or reasonably foreseeable uses of water in an aquifer.

History

• Adopted effective January 4, 1990 (Supp. 90-1). Amended effective August 14, 1992 (Supp. 92-3).

Ariz. Admin. Code § R18-11-406 Numeric Aquifer Water Quality Standards: Drinking Water Protected Use

A. The aquifer water quality standards in this Section apply to aquifers that are classified for drinking water protected use.

B. The following are the aquifer water quality standards for inorganic chemicals:

| Pollutant | mg/L) | | --- | --- | | Antimony | 0.006 | | Arsenic | 0.05 | | Asbestos | 7 million fibers/liter (longer than 10 mm) | | Barium | 2 | | Beryllium | 0.004 | | Cadmium | 0.005 | | Chromium | 0.1 | | Cyanide (As Free Cyanide) | 0.2 | | Fluoride | 4.0 | | Lead | 0.05 | | Mercury | 0.002 | | Nickel | 0.1 | | Nitrate (as N) | 10 | | Nitrite (as N) | 1 | | Nitrate and nitrite (as N) | 10 | | Selenium | 0.05 | | Thallium | 0.002 |

C. The following are the aquifer water quality standards for organic chemicals:

| Pollutant | (mg/L) | | --- | --- | | Benzene | 0.005 | | Benzo (a) pyrene | 0.0002 | | Carbon Tetrachloride | 0.005 | | o-Dichlorobenzene | 0.6 | | para-Dichlorobenzene | 0.075 | | 1,2-Dichloroethane | 0.005 | | 1,1-Dichloroethylene | 0.007 | | cis-1,2-Dichloroethylene | 0.07 | | trans-1,2-Dichloroethylene | 0.1 | | 1,2-Dichloropropane | 0.005 | | Dichloromethane | 0.005 | | Di (2-ethylhexyl) adipate | 0.4 | | Di (2-ethylhexyl) pthalate | 0.006 | | Ethylbenzene | 0.7 | | Hexachlorobenzene | 0.001 | | Hexachlorocyclopentadiene | 0.05 | | Monochlorobenzene | 0.1 | | Pentachlorophenol | 0.001 | | Styrene | 0.1 | | 2,3,7,8-TCDD (Dioxin) | 0.00000003 | | Tetrachloroethylene | 0.005 | | Toluene | 1 | | Trihalomethanes (Total) | 0.10 | | 1,2,4-Trichlorobenzene | 0.07 | | 1,1,1-Trichloroethane | 0.20 | | 1,1,2-Trichloroethane | 0.005 | | Trichloroethylene | 0.005 | | Vinyl Chloride | 0.002 | | Xylenes (Total) | 10 |

D. The following are the aquifer water quality standards for pesticides and polychlorinated biphenyls (PCBs):

| Pollutant | (mg/L) | | --- | --- | | Alachlor | 0.002 | | Atrazine | 0.003 | | Carbofuran | 0.04 | | Chlordane | 0.002 | | Dalapon | 0.2 | | 1,2-Dibromo-3-Chloropropane (DBCP) | 0.0002 | | 2,4,-Dichlorophenoxyacetic Acid(2,4-D) | 0.07 | | Dinoseb | 0.007 | | Diquat | 0.02 | | Endothall | 0.1 | | Endrin | 0.002 | | Ethylene Dibromide (EDB) | 0.00005 | | Glyphosate | 0.7 | | Heptachlor | 0.0004 | | Heptachlor Epoxide | 0.0002 | | Lindane | 0.0002 | | Methoxychlor | 0.04 | | Oxamyl | 0.2 | | Picloram | 0.5 | | Polychlorinated Biphenols (PCBs) | 0.0005 | | Simazine | 0.004 | | Toxaphene | 0.003 | | 2,4,5-Trichlorophenoxypropionic Acid (2,4,5-TP or Silvex) | 0.05 |

E. The following are the aquifer water quality standards for radionuclides:

1. The maximum concentration for gross alpha particle activity, including Radium-226 but excluding radon and uranium, shall not exceed 15 pCi/l.

2. The maximum concentration for combined Radium-226 and Radium-228 shall not exceed 5 pCi/l.

3. The average annual concentration of beta particle and photon radioactivity from man-made radionuclides shall not produce an annual dose equivalent to the total body or any internal organ greater than 4 millirem/year.

4. Except for the radionuclides listed in this subsection, the concentration of man-made radionuclides causing 4 millirem total body or organ dose equivalents shall be calculated on the basis of a 2-liter-per-day drinking water intake using the 168-hour data listed in "Maximum Permissible Body Burdens and Maximum Permissible Concentration of Radionuclides in Air or Water for Occupational Exposure," National Bureau of Standards Handbook 69, National Bureau of Commerce, as amended August 1963 (and no future editions), incorporated herein by reference and on file with the Office of the Secretary of State and with the Department. If two or more radionuclides are present, the sum of their annual dose equivalent to the total body or to any organ shall not exceed 4 millirem/year. The following average annual concentrations are assumed to produce a total body or organ dose of 4 millirem/year:

| Radionuclide | Critical Organ | pCi/l | | --- | --- | --- | | Tritium | Total body | 20,000 | | Strontium-90 | Bone Marrow | 8 |

F. The aquifer water quality standard for microbiological contaminants is based upon the presence or absence of total coliforms in a 100-milliliter sample. If a sample is total coliform-positive, a 100-milliliter repeat sample shall be taken within two weeks of the time the sample results are reported. Any total coliform-positive repeat sample following a total coliform-positive sample constitutes a violation of the aquifer water quality standard for microbiological contaminants.

G. The following are the aquifer water quality standards for turbidity:

1. One nephelometric turbidity unit as determined by a monthly average except that five or fewer nephelometric turbidity units may be allowed if it can be determined that the higher turbidity does not interfere with disinfection, prevent maintenance of effective disinfectant agents in water supply distribution systems, or interfere with microbiological determinations.

2. Five nephelometric turbidity units based on an average of two consecutive days.

History

• Adopted effective January 4, 1990 (Supp. 90-1). Amended effective August 14, 1992 (Supp. 92-3). Amended effective May 26, 1994 (Supp. 94-2).

Ariz. Admin. Code § R18-11-407 Aquifer Water Quality Standards in Reclassified Aquifers

A. All aquifers in the state are classified for drinking water protected use except for aquifers which are reclassified to a non-drinking water protected use pursuant to A.R.S. § 49-224 and A.A.C. R18-11-503.

B. Aquifer water quality standards for drinking water protected use apply to reclassified aquifers except where expressly superseded by aquifer water quality standards adopted pursuant to subsection (C) of this Section.

C. The Director shall adopt, by rule, aquifer water quality standards for reclassified aquifers within one year of the date of the order reclassifying the aquifer to a nondrinking water protected use. The Director shall adopt aquifer water quality standards for reclassified aquifers only for pollutants that are specifically identified in a petition for reclassification as prescribed by A.R.S. § 49-223(E) and A.A.C. R18-11-503(B) . Aquifer water quality standards for reclassified aquifers shall be sufficient to protect the use of the reclassified aquifer.

History

• Adopted effective January 4, 1990 (Supp. 90-1). Amended effective August 14, 1992 (Supp. 92-3). Amended by final expedited rulemaking at 29 A.A.R. 2344, effective 9/22/2023.

Ariz. Admin. Code § R18-11-408 Petition for Adoption of a Numeric Aquifer Water Quality Standard

A. Any person may petition the Director to adopt, by rule, a numeric aquifer water quality standard for a pollutant for which no numeric aquifer water quality standard exists.

B. Petitions for adoption of a numeric aquifer water quality standard shall be filed with the Department and shall comply with the requirements applicable to petitions for rule adoption as provided by A.R.S. § 41-1033 and A.A.C. R18-1-302, except as otherwise provided by A.R.S. § 49-223 or this Section.

C. In addition to the requirements of A.A.C. R18-1-302, a petition for rule adoption to establish a numeric aquifer water quality standard shall include specific reference to:

1. Technical information that the pollutant is a toxic pollutant.

2. Technical information upon which the Director reasonably may base the establishment of a numeric aquifer water quality standard.

3. Evidence that the pollutant that is the subject of the petition is or may in the future be present in an aquifer or part of an aquifer that is classified for drinking water protected use. Evidence may include, but is not limited to, any of the following:

a. A laboratory analysis of a water sample by a laboratory licensed by the Arizona Department of Health Services which indicates the presence of the pollutant in the aquifer.

b. A hydrogeological study which demonstrates that the pollutant that is the subject of the petition may be present in an aquifer in the future. The hydrogeological study shall include the following:

i. A description of the use that results in a discharge of the pollutant that is the subject of the petition.

ii. A description of the mobility of the pollutant in the vadose zone and in the aquifer.

iii. A description of the persistence of the pollutant in the vadose zone and in the aquifer.

D. Within 180 calendar days of the receipt of a complete petition for rule adoption to establish a numeric aquifer water quality standard, the Director shall make a written determination of whether the petition should be granted or denied. The Director shall give written notice by regular mail of the determination to the petitioner.

E. If the petition for rule adoption is granted, the Director shall initiate rulemaking proceedings to adopt a numeric aquifer water quality standard. The Director shall, within one year of the date that the petition for adoption of a numeric aquifer water quality standard is granted, either adopt a rule establishing a numeric aquifer water quality standard or publish a notice of termination of rulemaking in the Arizona Administrative Register.

F. If the petition for rule adoption is denied, the Director shall issue a denial letter to the petitioner which explains the reasons for the denial. The denial of a petition for rule adoption to establish a numeric aquifer water quality standard is not subject to judicial review.

History

• Adopted effective January 4, 1990 (Supp. 90-1).

Article 5 AQUIFER BOUNDARY AND PROTECTED USE CLASSIFICATION

Ariz. Admin. Code § R18-11-501 Definitions

In addition to the definitions contained in A.R.S. § 49-201, the words and phrases of this Article shall have the following meaning:

1. "Drinking water protected use" means the protection and maintenance of aquifer water quality for human consumption.

2. "Hardrock areas containing little or no water" means areas of igneous or metamorphic rock which do not yield usable quantities of water.

3. "Nondrinking water protected use" means the protection and maintenance of aquifer water quality for a use other than human consumption.

4. "Usable quantities" means five gallons of water per day.

History

• Adopted effective October 22, 1987 (Supp. 87-4).

Ariz. Admin. Code § R18-11-502 Aquifer Boundaries

A. Except as provided in subsection (B) of this rule, aquifer boundaries for the aquifers in this state are identified and defined as being identical to the hydrologic basin and subbasin boundaries, as found by the Director of the Department of Water Resources, Findings and Order In the Matter of The Designation of Groundwater Basins and Subbasins In The State of Arizona (dated June 21, 1984), pursuant to A.R.S. §§ 45-403 and 45-404, which is incorporated herein by reference, on file and available for public inspection at the Department of Environmental Quality. No later amendments or editions are incorporated by reference.

B. Excluded from the boundaries of the aquifers are hard rock areas which contain little or no water, as identified in Plate 1 of the Department of Water Resources, Water Resource Hydrologic Map Series Report Number 2 (dated January 1981) and as further identified in the Bureau of Mines, University of Arizona County Geologic Map Series (individual county maps dated 1957 through 1960), which are incorporated herein by reference, on file and available for public inspection at the Department of Environmental Quality. No later amendments or editions are incorporated by reference.

C. The Director may, by rule, modify or add an aquifer boundary provided that one or more of the following applies:

1. The Department of Water Resources modifies the boundaries of its basins or subbasins.

2. The Director is made aware of new technical information or data which supports refinement of an aquifer boundary.

D. Facilities located outside of the boundaries defined in these rules shall be subject to A.R.S. § 49-241 except as provided therein.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Amended by final expedited rulemaking at 29 A.A.R. 2344, effective 9/22/2023.

Ariz. Admin. Code § R18-11-503 Petition for Reclassification

A. Any person may petition the Director to reclassify an aquifer from a drinking water protected use to a nondrinking water protected use pursuant to A.R.S. § 49-224(C).

B. A written petition for reclassification pursuant to A.R.S. § 49-224(C) or A.R.S. § 49-224(D) shall be filed with the Department and shall include the following categories of information:

1. The proposed protected use for which the reclassification is being requested.

2. The pollutant and affected aquifer water quality standards for which the reclassification is being requested.

3. A hydrogeologic report which demonstrates that the aquifer proposed for reclassification is or will be hydrologically isolated, to the extent described in A.R.S. § 49-224(C)(1). This report and demonstration of hydrologic isolation for the area containing such aquifer, and immediate adjacent geologic units, shall include at least the following:

a. Hydrogeologic area maps and cross sections.

b. An analysis of subsurface geology, including geologic and hydrologic separation.

c. Water level elevation or piezometric level contour maps.

d. Analysis of hydrologic characteristics of the aquifer and the immediate adjacent geologic units.

e. Description of existing water quality and analysis of water chemistry.

f. Projected annual quantity of water to be withdrawn.

g. Identification of pumping centers, cones of depression and areas of recharge.

h. A water balance.

i. Existing flow direction and evaluation of the effects of seasonal and future pumping on flow.

j. An evaluation as to whether the reclassification will contribute to or cause a violation of aquifer water quality standards in other aquifers, or in parts of the aquifer not being proposed for reclassification.

4. Documentation demonstrating that water from the aquifer or part of the aquifer for which reclassification is proposed is not being used as drinking water. This documentation shall include at least the following:

a. A list of all wells or springs including their location, ownership and use within the aquifer or part of the aquifer being proposed for reclassification.

b. Identification of groundwater withdrawal rights, on file with the Department of Water Resources, within the aquifer or part of the aquifer being proposed for reclassification.

c. A comprehensive list of agencies, persons and other information sources consulted for aquifer use documentation.

5. A cost-benefit analysis developed pursuant to the requirements of A.R.S. § 49-224(C)(3), except for petitions submitted pursuant to A.R.S. § 49-224(D). This analysis shall identify potential future uses of the aquifer being proposed for reclassification, as well as other opportunity costs associated with reclassification, and shall contain a description of the cost-benefit methodology used, including all assumptions, data, data sources and criteria considered and all supporting statistical analyses.

History

• Adopted effective October 22, 1987 (Supp. 87-4).

Ariz. Admin. Code § R18-11-504 Agency Action on Petition

A. Upon receipt of a petition for reclassification, the Director shall review the petition for compliance with the requirements of R18-11-503 . If additional information is necessary, the petitioner shall be notified of specific deficiencies in writing within 30 calendar days of receipt of the petition.

B. Within 120 calendar days after receipt of a complete petition, and after consultation with the appropriate advisory council pursuant to A.R.S. §§ 49-224(C), the Director shall make a final decision to grant or deny the petition and shall notify the petitioner of such decision and the reason for such determination in writing.

C. Upon a decision to grant a petition for aquifer reclassification, the Director shall initiate proceedings for promulgation of aquifer water quality standards and, if applicable, for aquifer boundary designation for the reclassified aquifers.

History

• Adopted effective October 22, 1987 (Supp. 87-4). Amended by final expedited rulemaking at 29 A.A.R. 2344, effective 9/22/2023.

Ariz. Admin. Code § R18-11-505 Public Participation

A. Within 30 days of receipt of a complete petition for reclassification filed pursuant to A.R.S. § 49-224(D), or if the Director deems it necessary to consider a reclassification under A.R.S. § 49-224(C), the Director shall give public notice of the proposed reclassification pursuant to A.A.C. R18-1-401.

B. The Director shall hold at least one public hearing at a location as near as practicable to the aquifer proposed for reclassification. The Director shall give notice of each public hearing and conduct the public hearing in accordance with the provisions of A.A.C. R18-1-402.

History

• Adopted effective June 29, 1989 (Supp. 89-2).

Ariz. Admin. Code § R18-11-506 Rescission of Reclassification

The Director may, by rule, rescind an aquifer reclassification and return an aquifer to a drinking water protected use if he determines that any of the conditions under which the reclassification was granted are no longer valid. If the Director initiates a change under this Section, he shall consult with the appropriate advisory council pursuant to A.R.S. §§ 49-224(C).

History

• Adopted effective October 22, 1987 (Supp. 87-4). Amended by final expedited rulemaking at 29 A.A.R. 2344, effective 9/22/2023.

Article 6 IMPAIRED WATER IDENTIFICATION

Ariz. Admin. Code § R18-11-601 Definitions

In addition to the definitions established in A.R.S. §§ 49-201 and 49-231, and A.A.C. R18-11-101, the following terms apply to this Article:

1. "303(d) List" means the list of surface waters or segments required under section 303(d) of the Clean Water Act and A.R.S. Title 49, Chapter 2, Article 2.1, for which TMDLs are developed and submitted to EPA for approval.

2. "Attaining" means there is sufficient, credible, and scientifically defensible data to assess a surface water or segment and the surface water or segment does not meet the definition of impaired or not attaining.

3. "AZPDES" means the Arizona Pollutant Elimination Discharge System.

4. "Credible and scientifically defensible data" means data submitted, collected, or analyzed using:

a. Quality assurance and quality control procedures under A.A.C. R18-11-602;

b. Samples or analyses representative of water quality conditions at the time the data were collected;

c. Data consisting of an adequate number of samples based on the nature of the water in question and the parameters being analyzed; and

d. Methods of sampling and analysis, including analytical, statistical, and modeling methods that are generally accepted and validated by the scientific community as appropriate for use in assessing the condition of the water.

5. "Designated use" means those uses specified in 18 A.A.C. 11, Article 1 for each surface water or segment whether or not they are attaining.

6. "EPA" means the U.S. Environmental Protection Agency.

7. "Impaired water" means a Navigable water for which credible scientific data exists that satisfies the requirements of A.R.S. § 49-232 and that demonstrates that the water should be identified pursuant to 33 United States Code § 1313(d) and the regulations implementing that statute. A.R.S. § 49-231(1).

8. "Laboratory detection limit" means a "Method Reporting Limit" (MRL) or "Reporting Limit" (RL). These analogous terms describe the laboratory reported value, which is the lowest concentration level included on the calibration curve from the analysis of a pollutant that can be quantified in terms of precision and accuracy.

9. "Monitoring entity" means the Department or any person who collects physical, chemical, or biological data used for an impaired water identification or a TMDL decision.

10. "Naturally occurring condition" means the condition of a surface water or segment that would have occurred in the absence of pollutant loadings as a result of human activity.

11. "Not attaining" means a surface water is assessed as impaired, but is not placed on the 303(d) List because:

a. A TMDL is prepared and implemented for the surface water;

b. An action, which meets the requirements of R18-11-604(D)(2)(h), is occurring and is expected to bring the surface water to attaining before the next 303(d) List submission; or

c. The impairment of the surface water is due to pollution but not a pollutant, for which a TMDL load allocation cannot be developed.

12. "NPDES" means National Pollutant Discharge Elimination System.

13. "Planning List" means a list of surface waters and segments that the Department will review and evaluate to determine if the surface water or segment is impaired and whether a TMDL is necessary.

14. "Pollutant" means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt and industrial, municipal, and agricultural waste discharged into water. 33 U.S.C. 1362(6). Characteristics of water, such as dissolved oxygen, pH, temperature, turbidity, and suspended sediment are considered pollutants if they result or may result in the non-attainment of a water quality standard.

15. "Pollution" means "the man-made or man-induced alteration of the chemical, physical, biological, and radiological integrity of water."33 U.S.C. 1362(19).

16. "QAP" means a quality assurance plan detailing how environmental data operations are planned, implemented, and assessed for quality during the duration of a project.

17. "Sampling event" means one or more samples taken under consistent conditions on one or more days at a distinct station or location.

18. "SAP" means a site specific sampling and analysis plan that describes the specifics of sample collection to ensure that data quality objectives are met and that samples collected and analyzed are representative of surface water conditions at the time of sampling.

19. "Spatially independent sample" means a sample that is collected at a distinct station or location. The sample is independent if the sample was collected:

a. More than 200 meters apart from other samples, or

b. Less than 200 meters apart, and collected to characterize the effect of an intervening tributary, outfall or other pollution source, or significant hydrographic or hydrologic change.

20. "Temporally independent sample" means a sample that is collected at the same station or location more than seven days apart from other samples.

21. "Threatened" means that a surface water or segment is currently attaining its designated use, however, trend analysis, based on credible and scientifically defensible data, indicates that the surface water or segment is likely to be impaired before the next listing cycle.

22. "TMDL" means total maximum daily load.

23. "TMDL decision" means a decision by the Department to:

a. Prioritize an impaired water for TMDL development,

b. Develop a TMDL for an impaired water, or

c. Develop a TMDL implementation plan.

24. "Total maximum daily load" means an estimation of the total amount of a pollutant from all sources that may be added to a water while still allowing the water to achieve and maintain applicable surface water quality standards. Each total maximum daily load shall include allocations for sources that contribute the pollutant to the water, as required by section 303(d) of the clean water act (33 United States Code section 1313(d)) and regulations implementing that statute to achieve applicable surface water quality standards. A.R.S. § 49-231(4).

25. "Water quality standard" means a standard composed of designated uses (classification of waters), the numerical and narrative criteria applied to the specific water uses or classification, the antidegradation policy, and moderating provisions, for example, mixing zones, site-specific alternative criteria, and exemptions, in A.A.C. Title 18, Chapter 11, Article 1.

26. "WQARF" means the water quality assurance revolving fund established under A.R.S. § 49-282.

History

• New Section made by final rulemaking at 8 A.A.R. 3380, effective July 12, 2002 (Supp. 02-3).

Ariz. Admin. Code § R18-11-602 Credible Data

A. Data are credible and relevant to an impaired water identification or a TMDL decision when:

1. Quality Assurance Plan. A monitoring entity, which contribute data for an impaired water identification or a TMDL decision, provides the Department with a QAP that contains, at a minimum, the elements listed in subsections (A)(1)(a) through (A)(1)(f). The Department may accept a QAP containing less than the required elements if the Department determines that an element is not relevant to the sampling activity and that its omission will not impact the quality of the results based upon the type of pollutants to be sampled, the type of surface water, and the purpose of the sampling.

a. An approval page that includes the date of approval and the signatures of the approving officials, including the project manager and project quality assurance manager;

b. A project organization outline that identifies all key personnel, organizations, and laboratories involved in monitoring, including the specific roles and responsibilities of key personnel in carrying out the procedures identified in the QAP and SAP, if applicable;

c. Sampling design and monitoring data quality objectives or a SAP that meets the requirements of subsection (A)(2) to ensure that:

i. Samples are spatially and temporally representative of the surface water,

ii. Samples are representative of water quality conditions at the time of sampling, and

iii. The monitoring is reproducible;

d. The following field sampling information to assure that samples meet data quality objectives:

i. Sampling and field protocols for each parameter or parametric group, including the sampling methods, equipment and containers, sample preservation, holding times, and any analysis proposed for completion in the field or outside of a laboratory;

ii. Field and laboratory methods approved under subsection (A)(5);

iii. Handling procedures to identify samples and custody protocols used when samples are brought from the field to the laboratory for analysis;

iv. Quality control protocols that describe the number and type of field quality control samples for the project that includes, if appropriate for the type of sampling being conducted, field blanks, travel blanks, equipment blanks, method blanks, split samples, and duplicate samples;

v. Procedures for testing, inspecting, and maintaining field equipment;

vi. Field instrument calibration procedures that describe how and when field sampling and analytical instruments will be calibrated;

vii. Field notes and records that describe the conditions that require documentation in the field, such as weather, stream flow, transect information, distance from water edge, water and sample depth, equipment calibration measurements, field observations of watershed activities, and bank conditions. Indicate the procedures implemented for maintaining field notes and records and the process used for attaching pertinent information to monitoring results to assist in data interpretation;

viii. Minimum training and any specialized training necessary to do the monitoring, that includes the proper use and calibration of field equipment used to collect data, sampling protocols, quality assurance/quality control procedures, and how training will be achieved;

e. Laboratory analysis methods and quality assurance/quality control procedures that assure that samples meet data quality objectives, including:

i. Analytical methods and equipment necessary for analysis of each parameter, including identification of approved laboratory methods described in subsection (A)(5), and laboratory detection limits for each parameter;

ii. The name of the designated laboratory, its license number, if licensed by the Arizona Department of Health Services, and the name of a laboratory contact person to assist the Department with quality assurance questions;

iii. Quality controls that describe the number and type of laboratory quality control samples for the project, including, if appropriate for the type of sampling being conducted, field blanks, travel blanks, equipment blanks, method blanks, split samples, and duplicate samples;

iv. Procedures for testing, inspecting, and maintaining laboratory equipment and facilities;

v. A schedule for calibrating laboratory instruments, a description of calibration methods, and a description of how calibration records are maintained; and

vi. Sample equipment decontamination procedures that outline specific methods for sample collection and preparation of equipment, identify the frequency of decontamination, and describe the procedures used to verify decontamination;

f. Data review, management, and use that includes the following:

i. A description of the data handling process from field to laboratory, from laboratory to data review and validation, and from validation to data storage and use. Include the role and responsibility of each person for each step of the process, type of database or other storage used, and how laboratory and field data qualifiers are related to the laboratory result;

ii. Reports that describe the intended frequency, content, and distribution of final analysis reports and project status reports;

iii. Data review, validation, and verification that describes the procedure used to validate and verify data, the procedures used if errors are detected, and how data are accepted, rejected, or qualified; and

iv. Reconciliation with data quality objectives that describes the process used to determine whether the data collected meets the project objectives, which may include discarding data, setting limits on data use, or revising data quality objectives.

2. Sampling and analysis plan.

a. A monitoring entity shall develop a SAP that contains, at a minimum, the following elements:

i. The experimental design of the project, the project goals and objectives, and evaluation criteria for data results;

ii. The background or historical perspective of the project;

iii. Identification of target conditions, including a discussion of whether any weather, seasonal variations, stream flow, lake level, or site access may affect the project and the consideration of these factors;

iv. The data quality objectives for measurement of data that describe in quantitative and qualitative terms how the data meet the project objectives of precision, accuracy, completeness, comparability, and representativeness;

v. The types of samples scheduled for collection;

vi. The sampling frequency;

vii. The sampling periods;

viii. The sampling locations and rationale for the site selection, how site locations are benchmarked, including scaled maps indicating approximate location of sites; and

ix. A list of the field equipment, including tolerance range and any other manufacturer's specifications relating to accuracy and precision.

b. The Department may accept a SAP containing less than the required elements if the Department determines that an element is not relevant to the sampling activity and that its omission will not impact the quality of the results based upon the type of pollutants to be samples, the type of surface water, and the purpose of the sampling.

3. The monitoring entity may include any of the following in the QAP or SAP:

a. The name, title, and role of each person and organization involved in the project, identifying specific roles and responsibilities for carrying out the procedures identified in the QAP and SAP;

b. A distribution list of each individual and organization receiving a copy of the approved QAP and SAP;

c. A table of contents;

d. A health and safety plan;

e. The inspection and acceptance requirements for supplies;

f. The data acquisition that describes types of data not obtained through this monitoring activity, but used in the project;

g. The audits and response actions that describe how field, laboratory, and data management activities and sampling personnel are evaluated to ensure data quality, including a description of how the project will correct any problems identified during these assessments; and

h. The waste disposal methods that identify wastes generated in sampling and methods for disposal of those wastes.

4. Exceptions. The Department may determine that the following data are also credible and relevant to an impaired water identification or TMDL decision when data were collected, provided the conditions in subsections (A)(5), (A)(6), and (B) are met, and where the data were collected in the surface water or segment being evaluated for impairment:

a. The data were collected before July 12, 2002 and the Department determines that the data yield results of comparable reliability to the data collected under subsections (A)(1) and (A)(2);

b. The data were collected after July 12, 2002 as part of an ongoing monitoring effort by a governmental agency and the Department determines that the data yield results of comparable reliability to the data collected under subsections (A)(1) and (A)(2); or

c. The instream water quality data were or are collected under the terms of a NPDES or AZPDES permit or a compliance order issued by the Department or EPA, a consent decree signed by the Department or EPA, or a sampling program approved by the Department or EPA under WQARF or CERCLA, and the Department determines that the data yield results of comparable reliability to data collected under subsections (A)(1) and (A)(2).

5. Data collection, preservation, and analytical procedures. The monitoring entity shall collect, preserve, and analyze data using methods of sample collection, preservation, and analysis established under A.A.C. R9-14-610.

6. Laboratory. The monitoring entity shall ensure that chemical and toxicological samples are analyzed in a state-licensed laboratory, a laboratory exempted by the Arizona Department of Health Services for specific analyses, or a federal or academic laboratory that can demonstrate proper quality assurance/quality control procedures substantially equal to those required by the Arizona Department of Health Services, and shall ensure that the laboratory uses approved methods identified in A.A.C. R9-14-610.

B. Documentation for data submission. The monitoring entity shall provide the Department with the following information either before or with data submission:

1. A copy of the QAP or SAP, or both, revisions to a previously submitted QAP or SAP, and any other information necessary for the Department to evaluate the data under subsection (A)(4);

The applicable dates of the QAP and SAP, including any revisions;

3. Written assurance that the methods and procedures specified in the QAP and SAP were followed;

4. The name of the laboratory used for sample analyses and its certification number, if the laboratory is licensed by the Arizona Department of Health Services;

5. The quality assurance/quality control documentation, including the analytical methods used by the laboratory, method number, detection limits, and any blank, duplicate, and spike sample information necessary to properly interpret the data, if different from that stated in the QAP or SAP;

6. The data reporting unit of measure;

Any field notes, laboratory comments, or laboratory notations concerning a deviation from standard procedures, quality control, or quality assurance that affects data reliability, data interpretation, or data validity; and

8. Any other information, such as complete field notes, photographs, climate, or other information related to flow, field conditions, or documented sources of pollutants in the watershed, if requested by the Department for interpreting or validating data.

C. Recordkeeping. The monitoring entity shall maintain all records, including sample results, for the duration of the listing cycle. If a surface water or segment is added to the Planning List or to the 303(d) List, the Department shall coordinate with the monitoring entity to ensure that records are kept for the duration of the listing.

History

• New Section made by final rulemaking at 8 A.A.R. 3380, effective July 12, 2002 (Supp. 02-3).

Ariz. Admin. Code § R18-11-603 General Data Interpretation Requirements

A. The Department shall use the following data conventions to interpret data for impaired water identifications and TMDL decisions:

1. Data reported below laboratory detection limits.

a. When the analytical result is reported as i. Use these statistically derived values in trend analysis, descriptive statistics or modeling if there is sufficient data to support the statistical estimation of values reported as less than the laboratory detection limit; or

ii. Use one-half of the value of the laboratory detection limit in trend analysis, descriptive statistics, or modeling, if there is insufficient data to support the statistical estimation of values reported as less than the laboratory detection limit.

b. When the sample value is less than or equal to the laboratory detection limit but the laboratory detection limit is greater than the surface water quality standard, shall not use the result for impaired water identifications or TMDL decisions;

2. Identify the field equipment specifications used for each listing cycle or TMDL developed. A field sample measurement within the manufacturer's specification for accuracy meets surface water quality standards;

3. Resolve a data conflict by considering the factors identified under the weight-of-evidence determination in R18-11-605(B);

4. When multiple samples from a surface water or segment are not spatially or temporally independent, or when lake samples are from multiple depths, use the following resultant value to represent the specific dataset:

a. The appropriate measure of central tendency for the dataset for:

i. A pollutant listed in the surface water quality standards 18 A.A.C. 11, Article 1, Appendix A, Table 1, except for nitrate or nitrate/nitrite;

ii. A chronic water quality standard for a pollutant listed in 18 A.A.C. 11, Article 1, Appendix A, Table 2;

iii. A surface water quality standard for a pollutant that is expressed as an annual or geometric mean;

iv. The surface water quality standard for temperature or the single sample maximum water quality standard for suspended sediment concentration, nitrogen, and phosphorus in R18-11-109;

v. The surface water quality standard for radiochemicals in R18-11-109(G); or

vi. Except for chromium, all single sample maximum water quality standards in R18-11-112.

b. The maximum value of the dataset for:

i. The acute water quality standard for a pollutant listed in 18 A.A.C. 11, Article 1, Appendix A, Table 2 and acute water quality standard in R18-11-112;

ii. The surface water quality standard for nitrate or nitrate/nitrite in 18 A.A.C. 11, Article 1, Appendix A, Table 1;

iii. The single sample maximum water quality standard for bacteria in subsections R18-11-109(A); or

iv. The 90th percentile water quality standard for nitrogen and phosphorus in R18-11-109(F) and R18-11-112.

c. The worst case measurement of the dataset for:

i. Surface water quality standard for dissolved oxygen under R18-11-109(E) . For purposes of this subsection, worst case measurement means the minimum value for dissolved oxygen;

ii. Surface water quality standard for pH under R18-11-109(B) . For purposes of this subsection, "worst case measurement" means both the minimum and maximum value for pH.

History

• New Section made by final rulemaking at 8 A.A.R. 3380, effective July 12, 2002 (Supp. 02-3).

Ariz. Admin. Code § R18-11-604 Types of Surface Waters Placed on the Planning List and 303(d) List

A. The Department shall evaluate, at least every five years, Arizona's surface waters by considering all readily available data.

1. The Department shall place a surface water or segment on:

a. The Planning List if it meets any of the criteria described in subsection (D), or

b. The 303(d) List if it meets the criteria for listing described in subsection (E).

2. The Department shall remove a surface water or segment from the Planning List based on the requirements in R18-11-605(E)(1) or from the 303(d) List, based on the requirements in R18-11-605(E)(2).

3. The Department may move surface waters or segments between the Planning List and the 303(d) List based on the criteria established in R18-11-604 and R18-11-605.

B. When placing a surface water or segment on the Planning List or the 303(d) List, the Department shall list the stream reach, derived from EPA's Reach File System or National Hydrography Dataset, or the entire lake, unless the data indicate that only a segment of the stream reach or lake is impaired or not attaining its designated use, in which case, the Department shall describe only that segment for listing.

C. Exceptions. The Department shall not place a surface water or segment on either the Planning List or the 303(d) List if the non-attainment of a surface water quality standard is due to one of the following:

1. Pollutant loadings from naturally occurring conditions alone are sufficient to cause a violation of applicable water quality standards;

2. The data were collected within a mixing zone or under a variance or nutrient waiver established in a NPDES or AZPDES permit for the specific parameter and the result does not exceed the alternate discharge limitation established in the permit. The Department may use data collected within these areas for modeling or allocating loads in a TMDL decision; or

3. An activity exempted under R18-11-117, R18-11-118, or a condition exempted under R18-11-119.

D. Planning List.

1. The Department shall:

a. Use the Planning List to prioritize surface waters for monitoring and evaluation as part of the Department's watershed management approach;

b. Provide the Planning List to EPA; and

c. Evaluate each surface water and segment on the Planning List for impairment based on the criteria in R18-11-605(D) to determine the source of the impairment.

2. The Department shall place a surface water or segment on the Planning List based the criteria in R18-11-605(C) . The Department may also include a surface water or segment on the Planning List when:

a. A TMDL is completed for the pollutant and approved by EPA;

b. The surface water or segment is on the 1998 303(d) List but the dataset used for the listing:

i. Does not meet the credible data requirements of R18-11-602, or

ii. Contains insufficient samples to meet the data requirements under R18-11-605(D);

c. Some monitoring data exist but there are insufficient data to determine whether the surface water or segment is impaired or not attaining, including:

i. A numeric surface water quality standard is exceeded, but there are not enough samples or sampling events to fulfill the requirements of R18-11-605(D);

ii. Evidence exists of a narrative standard violation, but the amount of evidence is insufficient, based on narrative implementation procedures and the requirements of R18-11-605(D)(3);

iii. Existing monitoring data do not meet credible data requirements in R18-11-602; or

iv. A numeric surface water quality standard is exceeded, but there are not enough sample results above the laboratory detection limit to support statistical analysis as established in R18-11-603(A)(1).

d. The surface water or segment no longer meets the criteria for impairment based on a change in the applicable surface water quality standard or a designated use approved by EPA under section 303(c)(1) of the Clean Water Act, but insufficient current or original monitoring data exist to determine whether the surface water or segment will meet current surface water quality standards;

e. Trend analysis using credible and scientifically defensible data indicate that surface water quality standards may be exceeded by the next assessment cycle;

f. The exceedance of surface water quality standards is due to pollution, but not a pollutant;

g. Existing data were analyzed using methods with laboratory detection limits above the numeric surface water quality standard but analytical methods with lower laboratory detection limits are available;

h. The surface water or segment is expected to attain its designated use by the next assessment as a result of existing or proposed technology-based effluent limitations or other pollution control requirements under local, state, or federal authority. The appropriate entity shall provide the Department with the following documentation to support placement on the Planning List:

i. Verification that discharge controls are required and enforceable;

ii. Controls are specific to the surface water or segment, and pollutant of concern;

iii. Controls are in place or scheduled for implementation; and

iv. There are assurances that the controls are sufficient to bring about attainment of water quality standards by the next 303(d) List submission; or

i. The surface water or segment is threatened due to a pollutant and, at the time the Department submits a final 303(d) List to EPA, there are no federal regulations implementing section 303(d) of the Clean Water Act that require threatened waters be included on the list.

E. 303(d) List. The Department shall:

1. Place a surface water or segment on the 303(d) List if the Department determines:

a. Based on R18-11-605(D), that the surface water or segment is impaired due to a pollutant and that a TMDL decision is necessary; or

b. That the surface water or segment is threatened due to a pollutant and, at the time the Department submits a final 303(d) List to EPA, there are federal regulations implementing section 303(d) of the Clean Water Act that require threatened waters be included on the list.

2. Provide public notice of the 303(d) List according to the requirements of A.R.S. § 49-232 and submit the 303(d) List according to section 303(d) of the Clean Water Act.

History

• New Section made by final rulemaking at 8 A.A.R. 3380, effective July 12, 2002 (Supp. 02-3).

Ariz. Admin. Code § R18-11-605 Evaluating a Surface Water or Segment for Listing and Delisting

A. The Department shall compile and evaluate all reasonably current, credible, and scientifically defensible data to determine whether a surface water or segment is impaired or not attaining.

B. Weight-of-evidence approach.

1. The Department shall consider the following concepts when evaluating data:

a. Data or information collected during critical conditions may be considered separately from the complete dataset, when the data show that the surface water or segment is impaired or not attaining its designated use during those critical conditions, but attaining its uses during other periods. Critical conditions may include stream flow, seasonal periods, weather conditions, or anthropogenic activities;

b. Whether the data indicate that the impairment is due to persistent, seasonal, or recurring conditions. If the data do not represent persistent, recurring, or seasonal conditions, the Department may place the surface water or segment on the Planning List;

c. Higher quality data over lower quality data when making a listing decision. Data quality is established by the reliability, precision, accuracy, and representativeness of the data, based on factors identified in R18-11-602(A) and (B), including monitoring methods, analytical methods, quality control procedures, and the documented field and laboratory quality control information submitted with the data. The Department shall consider the following factors when determining higher quality data:

i. The age of the measurements. Newer measurements are weighted heavier than older measurements, unless the older measurements are more representative of critical flow conditions;

ii. Whether the data provide a direct measure of an impact on a designated use. Direct measurements are weighted heavier than measurements of an indicator or surrogate parameter; or

iii. The amount or frequency of the measurements. More frequent data collection are weighted heavier than nominal datasets.

The Department shall evaluate the following factors to determine if the water quality evidence supports a finding that the surface water or segment is impaired or not attaining:

a. An exceedance of a numeric surface water quality standard based on the criteria in subsections (C)(1), (C)(2), (D)(1), and (D)(2);

b. An exceedance of a narrative surface water quality standard based on the criteria in subsections (C)(3) and (D)(3);

c. Additional information that determines whether a water quality standard is exceeded due to a pollutant, suspected pollutant, or naturally occurring condition:

i. Soil type, geology, hydrology, flow regime, biological community, geomorphology, climate, natural process, and anthropogenic influence in the watershed;

ii. The characteristics of the pollutant, such as its solubility in water, bioaccumulation potential, sediment sorption potential, or degradation characteristics, to assist in determining which data more accurately indicate the pollutant's presence and potential for causing impairment; and

iii. Available evidence of direct or toxic impacts on aquatic life, wildlife, or human health, such as fish kills and beach closures, where there is sufficient evidence that these impacts occurred due to water quality conditions in the surface water.

d. Other available water quality information, such as NPDES or AZPDES water quality discharge data, as applicable.

e. If the Department determines that a surface water or segment does not merit listing under numeric water quality standards based on criteria in subsections (C)(1), (C)(2), (D)(1), or (D)(2) for a pollutant, but there is evidence of a narrative standard exceedance in that surface water or segment under subsection (D)(3) as a result of the presence of the same pollutant, the Department shall list the surface water or segment as impaired only when the evidence indicates that the numeric water quality standard is insufficient to protect the designated use of the surface water or segment and the Department justifies the listing based on any of the following:

i. The narrative standard data provide a more direct indication of impairment as supported by professionally prepared and peer-reviewed publications;

ii. Sufficient evidence of impairment exists due to synergistic effects of pollutant combinations or site-specific environmental factors; or

iii. The pollutant is bioaccumulative, relatively insoluble in water, or has other characteristics that indicate it is occurring in the specific surface water or segment at levels below the laboratory detection limits, but at levels sufficient to result in an impairment.

3. The Department may consider a single line of water quality evidence when the evidence is sufficient to demonstrate that the surface water or segment is impaired or not attaining.

C. Planning List.

1. When evaluating a surface water or segment for placement on the Planning List.

a. Consider at least ten spatially or temporally independent samples collected over three or more temporally independent sampling events; and

b. Determine numeric water quality standards exceedances. The Department shall:

i. Place a surface water or segment on the Planning List following subsection (B), if the number of exceedances of a surface water quality standard is greater than or equal to the number listed in Table 1, which provides the number of exceedances that indicate a minimum of a 10 percent exceedance frequency with a minimum of a 80 percent confidence level using a binomial distribution for a given sample size; or

ii. For sample datasets exceeding those shown in Table 1, calculate the number of exceedances using the following equation: (X[GREATOR THAN EQUAL TO]x| n, p) where n = number of samples; p = exceedance probability of 0.1; x = smallest number of exceedances required for listing with "n" samples; and confidence level [GREATOR THAN EQUAL TO] 80 percent.

Ariz. Admin. Code § R18-11-606 TMDL Priority Criteria for 303(d) Listed Surface Waters or Segments

A. In addition to the factors specified in A.R.S. § 49-233(C), the Department shall consider the following when prioritizing an impaired water for development of TMDLs:

1. A change in a water quality standard;

2. The date the surface water or segment was added to the 303(d) List;

3. The presence in a surface water or segment of species listed as threatened or endangered under section 4 of the Endangered Species Act;

4. The complexity of the TMDL;

5. State, federal, and tribal policies and priorities; and

6. The efficiencies of coordinating TMDL development with the Department's surface water monitoring program, the watershed monitoring rotation, or with remedial programs.

B. The Department shall prioritize an impaired surface water or segment for TMDL development based on the factors specified in A.R.S. § 49-233(C) and subsection (A) as follows:

1. Consider an impaired surface water or segment a high priority if:

a. The listed pollutant poses a substantial threat to the health and safety of humans, aquatic life, or wildlife based on:

i. The number and type of designated uses impaired;

ii. The type and extent of risk from the impairment to human health, aquatic life, or wildlife;

iii. The pollutant causing the impairment, or

iv. The severity, magnitude, and duration the surface water quality standard was exceeded;

b. A new or modified individual NPDES or AZPDES permit is sought for a new or modified discharge to the impaired water;

c. The listed surface water or segment is listed as a unique water in A.A.C. R18-11-112 or is part of an area classified as a "wilderness area," "wild and scenic river," or other federal or state special protection of the water resource;

d. The listed surface water or segment contains a species listed as threatened or endangered under the federal Endangered Species Act and the presence of the pollutant in the surface water or segment is likely to jeopardize the listed species;

e. A delay in conducting the TMDL could jeopardize the Department's ability to gather sufficient credible data necessary to develop the TMDL;

f. There is significant public interest and support for the development of a TMDL;

g. The surface water or segment has important recreational and economic significance to the public; or

h. The pollutant is listed for eight years or more.

Consider an impaired surface water or segment a medium priority if:

a. The surface water or segment fails to meet more than one designated use;

b. The pollutant exceeds more than one surface water quality standard;

c. A surface water quality standard exceedance is correlated to seasonal conditions caused by natural events, such as storms, weather patterns, or lake turnover;

d. It will take more than two years for proposed actions in the watershed to result in the surface water attaining applicable water quality standards;

e. The type of pollutant and other factors relating to the surface water or segment make the TMDL complex; or

f. The administrative needs of the Department, including TMDL schedule commitments with EPA, permitting requirements, or basin priorities that require completion of the TMDL.

3. Consider an impaired surface water or segment a low priority if:

a. The Department has formally submitted a proposal to delist the surface water, segment, or pollutant to EPA based on R18-11-605(E)(2) . If the Department makes the submission outside the listing process cycle, the change in priority ranking will not be effective until EPA approves the submittal;

b. The Department has modified, or formally proposed for modification, the designated use or applicable surface water quality standard, resulting in an impaired water no longer being impaired, but the modification has not been approved by EPA;

c. The surface water or segment is expected to attain surface water quality standards due to any of the following:

i. Recently instituted treatment levels or best management practices in the drainage area,

ii. Discharges or activities related to the impairment have ceased, or

iii. Actions have been taken and controls are in place or scheduled for implementation that will likely to bring the surface water back into compliance;

d. The surface water or segment is ephemeral or intermittent. The Department shall re-prioritize the surface water or segment if the presence of the pollutant in the listed water poses a threat to the health and safety of humans, aquatic life, or wildlife using the water, or the pollutant is contributing to the impairment of a downstream perennial surface water or segment;

e. The pollutant poses a low ecological and human health risk;

f. Insufficient data exist to determine the source of the pollutant load;

g. The uncertainty of timely coordination with national and international entities concerning international waters;

h. Naturally occurring conditions are a major contributor to the impairment; and

i. No documentation or effective analytical tools exist to develop a TMDL for the surface water or segment with reasonable accuracy.

C. The Department will target surface waters with high priority factors in subsections (B)(1)(a) through (B)(1)(d) for initiation of TMDLs within two years following EPA approval of the 303(d) List.

D. The Department may shift priority ranking of a surface water or segment for any of the following reasons:

1. A change in federal, state, or tribal policies or priorities that affect resources to complete a TMDL;

2. Resource efficiencies for coordinating TMDL development with other monitoring activities, including the Department's ambient monitoring program that monitors watersheds on a five-year rotational basis;

3. Resource efficiencies for coordinating TMDL development with Department remedial or compliance programs;

4. New information is obtained that will revise whether the surface water or segment is a high priority based on factors in subsection (B); and

5. Reduction or increase in staff or budget involved in the TMDL development.

E. The Department may complete a TMDL initiated before July 12, 2002 for a surface water or segment that was listed as impaired on the 1998 303(d) List but does not qualify for listing under the criteria in R18-11-605, if:

1. The TMDL investigation establishes that the water quality standard is not being met and the allocation of loads is expected to bring the surface water into compliance with standards,

2. The Department estimates that more than 50 percent of the cost of completing the TMDL has been spent,

3. There is community involvement and interest in completing the TMDL, or

4. The TMDL is included within an EPA-approved state workplan initiated before July 12, 2002.

History

• New Section made by final rulemaking at 8 A.A.R. 3380, effective July 12, 2002 (Supp. 02-3).

Chapter 12 DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS

Article 1 DEFINITIONS; APPLICABILITY

Ariz. Admin. Code § R18-12-101 Definitions

In addition to the definitions prescribed in A.R.S. §§ 49-1001 and 49-1001.01, the following definitions apply in this Chapter:

"Aboveground release" means any release to the surface of the land or to surface water. This includes, but is not limited to, releases from the aboveground portion of an UST system and aboveground releases associated with overfills and transfer operations as the regulated substance moves to or from an UST system.

"Accidental release" means, with respect to Article 3 only, any sudden or nonsudden release of petroleum arising from operating an UST system that is neither expected nor intended by the UST system owner or operator, that results in a need for one or more of the following:

Corrective action,

Compensation for bodily injury, or

Compensation for property damage.

"Airport hydrant fuel distribution system" or "airport hydrant system" means a petroleum UST system which fuels aircraft and operates under high pressure with large diameter piping that typically terminates into one or more hydrants (fill stands). The airport hydrant system begins where fuel enters one or more tanks from an external source such as a pipeline, barge, rail car, or other motor fuel carrier.

"Ancillary equipment" means any device used to distribute, dispense, meter, monitor, or control the flow of regulated substances to and from an UST system.

"Annual" means, with respect to R18-12-240 through R18-12-245 only, a calendar period of 12 consecutive months.

"Aviation fuel," for the purpose of Article 4 only, has the definition at A.R.S. § 28-101.

"Belowground release" means any release to the subsurface of the land or to groundwater. This includes, but is not limited to, releases from the belowground portions of an underground storage tank system and belowground releases associated with overfills and transfer operations as the regulated substance moves to or from an underground storage tank.

"Bodily injury" means injury to the body, sickness, or disease sustained by any person, including death resulting from any of these at any time.

"CAP" means corrective action plan.

"Cathodic protection" means a technique to prevent corrosion of a metal surface by making that surface the cathode of an electrochemical cell.

"Cathodic protection tester" means a person who can demonstrate an understanding of the principles and measurements of all common types of cathodic protection systems as applied to buried or submerged metal piping and tank systems. At a minimum, such a person shall have education and experience in soil receptivity, stray current, structure-to-soil potential, and component electrical isolation measurements of buried metal piping and tank systems.

"CERCLA" means the federal Comprehensive Environmental Response, Compensation, and Liability Act as defined in A.R.S. § 49-201.

"CFR" means the Code of Federal Regulations, with standard references in this Chapter by Title and Part, so that " 40 CFR 280 " means Title 40 of the Code of Federal Regulations, Part 280.

"Change-in-service" means changing the use of an UST system from the storage of a regulated substance to the storage of a non-regulated substance.

"Chemical of concern" means any regulated substance detected in contamination from the LUST site that is evaluated for potential impacts to public health and the environment.

"Chief financial officer" means, with respect to local government owners and operators, the individual with the overall authority and responsibility for the collection, disbursement, and use of funds by the local government.

"Class A operator" means the individual who has primary responsibility to operate and maintain the UST system in accordance with applicable requirements established by this Chapter and Arizona Revised Statutes, title 49, chapter 6. The Class A operator typically manages resources and personnel, such as establishing work assignments, to achieve and maintain compliance with regulatory requirements.

"Class B operator" means the individual who has day-to-day responsibility for implementing applicable regulatory requirements established by this Chapter and Arizona Revised Statutes, title 49, chapter 6. The Class B operator typically implements in-field aspects of operation, maintenance, and associated recordkeeping for the UST system.

"Class C operator" means the individual responsible for initially addressing emergencies presented by a spill or release from an UST system. The Class C operator typically controls or monitors the dispensing or sale of regulated substances.

"Clean Water Act" has the definition at A.R.S. § 49-201.

"Compatible" means the ability of two or more substances to maintain their respective physical and chemical properties upon contact with one another under conditions likely to be encountered in the UST during the operational life of the UST system.

"Conceptual site model" means a written and visual representation of the complete current and potential exposure pathways, based on existing and reasonably anticipated future use.

"Connected piping" means all underground piping including valves, elbows, joints, flanges, and flexible connectors that are attached to a tank system and through which regulated substances flow. For the purpose of determining how much piping is connected to an individual UST system, the piping that joins multiple tanks shall be divided equally between the tanks.

"Consultant" means a person who performs environmental services in an advisory, investigative, or remedial capacity.

"Containment sump" means a liquid-tight container that protects the environment by containing leaks and spills of regulated substances from piping, dispensers, pumps and related components in the containment area. Containment sumps may be single walled or secondarily contained and located at the top of tank (tank top or submersible turbine pump sump), underneath the dispenser (under-dispenser containment sump), or at other points in the piping run (transition or intermediate sump).

"Contamination" means the analytically determined existence of a regulated substance within environmental media outside the confines of an UST system, which originated from the UST system.

"Contractor" means a person who is required to obtain and hold a valid license from the Arizona Registrar of Contractors which permits bidding and performance of removal, excavation, repair, or construction services associated with an UST system.

"Controlling interest" means direct ownership of at least 50 percent of a firm, through voting stock, or otherwise.

"Corrective action services" means any service that is provided to fulfill the statutory requirements of A.R.S. § 49-1005 and the rules made under § 49-1005.

"Corrective action standard" means the concentration of the chemical of concern in the medium of concern that is protective of public health and welfare and the environment based on either pre-established non-site-specific assumptions or site-specific data, including any applied environmental use restriction.

"Corrosion expert" means a person who, by reason of thorough knowledge of the physical sciences and the principles of engineering and mathematics acquired by a professional education and related practical experience, is qualified to engage in the practice of corrosion control on buried or submerged metal piping systems and metal tanks. The person shall be accredited or certified as being qualified by the National Association of Corrosion Engineers or be a registered professional engineer who has certification or licensing that includes education and experience in corrosion control of buried or submerged metal piping systems and metal tanks.

"Current assets" means assets which can be converted to cash within one year and are available to finance current operations or to pay current liabilities.

"Current liabilities" means those liabilities which are payable within one year.

"Decommissioning" means, with respect to Article 8 only, activities described in R18-12-271(D)(1) through R18-12-271(D)(4).

"De minimis" means that quantity of regulated substance which is described by one of the following:

When mixed with another regulated substance, is of such low concentration that the toxicity, detectability, or corrective action requirements of the mixture are the same as for the host substance.

When mixed with a non-regulated substance, is of such low concentration that a release of the mixture does not pose a threat to public health or the environment greater than that of the host substance.

"Department" means the Arizona Department of Environmental Quality.

"Derived waste" means any excavated soil, soil cuttings, and other soil waste; fluids from well drilling, aquifer testing, well purging, sampling, and other fluid wastes; or disposable decontamination, sampling, or personal protection equipment generated as a result of release confirmation, LUST site investigation, or other corrective action activities.

"Dielectric material" means a material that does not conduct electrical current and that is used to electrically isolate UST systems or UST system parts from surrounding soils or portions of UST systems from each other.

"Diesel" means, with respect to Article 4 only, a liquid petroleum product that meets the specifications in American Society for Testing and Materials Standard D975-18, "Standard Specification for Diesel Fuel Oils".

"Director" means the Director of the Arizona Department of Environmental Quality.

"Dispenser" means equipment located aboveground that dispenses regulated substances from the UST system.

"Dispenser system" means the dispenser and the equipment necessary to connect the dispenser to the underground storage tank system.

"Electrical equipment" means underground equipment that contains dielectric fluid that is necessary for the operation of equipment such as transformers and buried electrical cable.

"Emergency power generator" means a power generator which is used only when the primary source of power is interrupted. The interruption of the primary source of power shall not be due to any action or failure to take any action by the owner or operator of either the emergency generator or of the UST system which stores fuel for the emergency generator.

"Engineering Control" for soil, surface water and groundwater contamination has the definition at R18-7-201.

"Excavation zone" means the volume that contains or contained the tank system and backfill material and is bounded by the ground surface, walls, and floor of the pit and trenches into which the UST system is placed at the time of installation.

"Excess lifetime cancer risk level" for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

"Existing tank system" means a tank system used to contain an accumulation of regulated substances on or before December 22, 1988, or for which installation has commenced on or before December 22, 1988.

"Exposure" for soil, surface water, and groundwater contamination, has the meaning defined in R18-7-201.

"Exposure assessment" means the qualitative or quantitative determination or estimation of the magnitude, frequency, duration, and route of exposure or potential for exposure of a receptor to chemicals of concern from a release.

"Exposure pathway" for soil, surface water, and groundwater contamination, has the meaning defined in R18-7-201.

"Exposure route" for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

"Facility" means a single parcel of property and any contiguous or adjacent property on which one or more UST systems are located.

"Facility identification number" means the unique number assigned to a facility by the Department either after the initial notification requirements of A.R.S. § 49-1002 are satisfied, or after a refund claim is submitted and approved under R18-12-409.

"Facility location," for the purpose of Article 4 only, means the street address or a description of the location of a storage facility.

"Facility name" means the business or operational name associated with a storage facility.

"Farm tank" means a tank system located on a tract of land devoted to the production of crops or raising animals, including fish, and associated residences and improvements. A farm tank shall be located on the farm property. The term "farm" includes fish hatcheries, rangeland, and nurseries with growing operations.

"Field-constructed tank" means a tank constructed in the field. For example, a tank constructed of concrete that is poured in the field, or a steel or fiberglass tank primarily fabricated in the field is considered field-constructed.

"Financial reporting year" means the latest consecutive 12-month period, either fiscal or calendar, for which financial statements used to support the financial test of self-insurance under R18-12-305 are prepared, including the following, if applicable:

A 10-K report submitted to the Securities and Exchange Commission.

An annual report of tangible net worth submitted to Dun and Bradstreet.

Annual reports submitted to the Energy Information Administration or the Rural Utilities Service.

"Firm" means any for-profit entity, nonprofit or not-for-profit entity, or local government. An individual doing business as a sole proprietor is a firm for purposes of this Chapter.

"Flow-through process tank" means a tank that forms an integral part of a production process through which there is a steady, variable, recurring, or intermittent flow of materials during the operation of the process. The term "flow-through process tank" does not include a tank used for the storage of materials prior to their introduction into the production process or for the storage of finished products or byproducts from the production process.

"Free product" means a mobile regulated substance that is present as a nonaqueous phase liquid (e.g. liquid not dissolved in water).

"Gathering lines" means any pipeline, equipment, facility, or building used in the transportation of oil or gas during oil or gas production or gathering operations.

"Groundwater" means water in an aquifer as defined at A.R.S. § 49-201.

"Hazard Index" for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

"Hazard quotient" for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

"Hazardous substance UST system" means an UST system that contains a hazardous substance as defined in A.R.S. § 49-1001 or any mixture of such substance and petroleum, which is not a petroleum UST system.

"Heating oil" means petroleum that is No. 1, No. 2, No. 4-light, No. 4-heavy, No. 5-light, No. 5-heavy, or No. 6 technical grades of fuel oil; other residual fuel oils (including Navy Special Fuel Oil and Bunker C); and other fuels when used as substitutes for one of these fuel oils for heating purposes.

"Hydraulic lift tank" means a tank holding hydraulic fluid for a closed-loop mechanical system that uses compressed air or hydraulic fluid to operate lifts, elevators, and other similar devices.

"ICC" means the International Code Council.

"Implementing agency" means, with respect to Article 3 only, the Arizona Department of Environmental Quality for UST systems subject to the jurisdiction of the state of Arizona, or the EPA for other jurisdictions or, in the case of a state with a program approved under 42 U.S.C. 6991 (or pursuant to a memorandum of agreement with EPA), the designated state or local agency responsible for carrying out an approved UST program.

"Indian country" means, under 18 U.S.C. 1151, all of the following:

All land within the limits of an Indian reservation under the jurisdiction of the United States government which is also located within the borders of this state, notwithstanding the issuance of any patent, and including rights-of-way running through the reservation.

All dependent Indian communities within the borders of the state whether within the original or subsequently acquired territory of the state.

All Indian allotments, the Indian titles to which have not been extinguished, including rights-of-way running through such allotments.

"Induration" means the consolidation of a rock or rock material by the action of heat, pressure, or the introduction of some cementing material not commonly contained in the original mass. Induration also means the hardening of a soil horizon by chemical action to form hardpan (caliche).

"Installation" means the placement and preparation for placement of any UST system or UST system part into an excavation zone. Installation is considered to have commenced if both of the following exist:

The owner and operator has obtained all federal, state, and local approvals or permits necessary to begin physical construction of the site or installation of the UST system.

The owner and operator has begun a continuous on-site physical construction or installation program or has entered into contractual obligations, which cannot be canceled or modified without substantial loss, for physical construction at the site or installation of the UST system to be completed within a reasonable time.

"Institutional control" for soil, surface water, and groundwater contamination, has the definition at R18-7-201.

"Legal defense cost" means, with respect to Article 3 only, any expense that an owner or operator, or provider of financial assurance incurs in defending against claims or actions brought under any of the following circumstances:

By EPA or a state to require corrective action or to recover the costs of corrective action;

By or on behalf of a 3^rd party for bodily injury or property damage caused by an accidental release; or

By any person to enforce the terms of a financial assurance mechanism.

"Liquid trap" means sumps, well cellars, and other traps used in association with oil and gas production, gathering, and extraction operations (including gas production plants), for the purpose of collecting oil, water, and other liquids. These liquid traps may temporarily collect liquids for subsequent disposition or reinjection into a production or pipeline stream, or may collect and separate liquids from a gas stream.

"Local government" means a county, city, town, school district, water and aqueduct management district, irrigation district, power district, electrical district, agricultural improvement district, drainage and flood control district, tax levying public improvement district, local government public transportation system, and any political subdivision defined in A.R.S. § 49-1001.

"LUST" means leaking UST, or one that has leaked.

"LUST case" means all of the documentation related to a specific LUST number, which is maintained on file by the Department.

"LUST number" means the unique number assigned to a release by the Department after the notification requirements of A.R.S. § 49-1004(A) are met.

"LUST site" means the UST facility from which a release has occurred.

"Maintenance" means those actions necessary to ensure the proper working condition of an UST system or equipment used in corrective actions.

"Motor vehicle fuel," for the purpose of Article 4 only, has the definition at A.R.S. § 28-101.

"Natural attenuation" means a reduction in mass or concentration of a chemical of concern in groundwater over time or distance from the release point due to naturally occurring physical, chemical, and biological processes, such as: biodegradation, dispersion, dilution, sorption, and volatilization.

"Nature of the regulated substance" means the chemical and physical properties of the regulated substance stored in the UST, and any changes to the chemical and physical properties upon or after release.

"Nature of the release" means the known or estimated means by which the contents of the UST was dispersed from the UST system into the surrounding media, and the conditions of the UST system and media at the time of release.

"New tank system" means a tank system that will be used to contain an accumulation of regulated substances and for which installation has commenced after December 22, 1988.

"On-site control" means, for the purpose of Article 8 only, being at the location where tank service is being performed while tank service is performed.

"On the premises where stored" means, with respect to A.R.S. § 49-1001(18)(b) only, a single parcel of property or any contiguous or adjacent parcels of property.

"Operational life" means the period beginning when installation of the tank system has begun and ending when the tank system is properly closed under R18-12-271 through R18-12-274.

"Overfill release" means a release that occurs when a tank is filled beyond its capacity, resulting in a discharge of a regulated substance to the environment.

"Owner identification number" means the unique number assigned to the owner of an UST by the Department after the initial notification requirements of A.R.S. § 49-1002 are satisfied, or after a refund claim is submitted and approved pursuant to R18-12-409.

"Petroleum marketing facility" means a facility at which petroleum is produced or refined and all facilities from which petroleum is sold or transferred to other petroleum marketers or to the public.

"Petroleum UST system" means an UST system that contains or contained petroleum or a mixture of petroleum with de minimis quantities of other regulated substances. These systems include those containing motor fuels, jet fuels, distillate fuel oils, residual fuel oils, lubricants, petroleum solvents, and used oils.

"Pipe" or "Piping" means a hollow cylinder or tubular conduit that is constructed of non-earthen materials.

"Pipeline facility" means new or existing pipe rights-of-way and any associated equipment, gathering lines, facilities, or buildings.

"Point of compliance" means the geographic location at which the concentration of the chemical of concern is to be at or below the risk-based corrective action standard determined to be protective of public health and the environment.

"Point of exposure" for soil, surface water, and groundwater contamination, has the definition at R18-7-201 for "exposure point."

"Property damage" means physical injury to, destruction of, or contamination of tangible property, including all resulting loss of use of that property; or loss of use of tangible property that is not physically injured, destroyed, or contaminated, but has been evacuated, withdrawn from use, or rendered inaccessible.

"Provider of financial assurance" means an entity that provides financial assurance to an owner or operator of an UST through one of the mechanisms listed in R18-12-305 through R18-12-317, including a guarantor, insurer, risk retention group, surety, or issuer of a letter of credit.

"RCRA" means the Resource Conservation and Recovery Act.

"Receptor" means persons, enclosed structures, subsurface utilities, waters of the state, or water supply wells and wellhead protection areas.

"Release confirmation" means free product discovery, or reported laboratory analytical results of samples collected and analyzed in accordance with the sampling requirements of R18-12-280 and A.A.C. Title 9, Chapter 14, Article 6 which indicate a release of a regulated substance from the UST system.

"Release confirmation date" means the date that an owner or operator first confirms the release, or the date that the owner or operator is informed of a release confirmation made by another person.

"Release detection" means determining whether a release of a regulated substance has occurred from the UST system into the environment or a leak has occurred into the interstitial space between the UST system and its secondary barrier or secondary containment around it.

"Remediation" for soil, surface water, and groundwater contamination, has the definition at A.R.S. § 49-151.

"Repair" means to restore to proper operating condition a tank pipe, spill prevention equipment, overfill prevention equipment, corrosion protection equipment, release detection equipment or other UST system component that has caused or may cause a release of regulated substance from the UST system or has failed to function properly.

"Replaced" means:

(a) For a tank - to remove a tank and install another tank.

(b) For piping - removing and replacing any piping component.

"Residential tank" means an UST system located on property used primarily for dwelling purposes.

"Retrofit" means to add to an UST system, equipment or parts that were not originally included or installed as part of the UST system.

"Risk characterization" means the qualitative and quantitative determination of combined risks to receptors from individual chemicals of concern and exposure pathways, and the associated uncertainties.

"Routinely contains product" or "routinely contains regulated substance" means the part of an UST system which is designed to contain regulated substances and includes all internal areas of the tank and all internal areas of the piping, excluding only the vent piping.

"SARA" means the Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499.

"Secondary containment" or "Secondarily contained" means a release prevention and release detection system for a tank or piping. This system has an inner and outer barrier with an interstitial space that is monitored for leaks. This term includes containment sumps when used for interstitial monitoring of piping.

"Septic tank" means a water-tight covered receptacle designed to receive or process, through liquid separation or biological digestion, the sewage discharged from a building sewer. The effluent from such receptacle is distributed for disposal through the soil and settled solids and scum from the tank are pumped out periodically and hauled to a treatment facility.

"Site location map" means a representation by means of signs and symbols on a planar surface, at an established scale, of the streets, wells, and general use of the land for properties within at least one-quarter mile of the facility boundaries, with the direction of orientation indicated.

"Site plan" means a representation by means of signs and symbols on a planar surface, at an established scale, of the physical features (natural, artificial, or both) of the facility and surrounding area necessary to meet the requirements under which the site plan is prepared, with the direction of orientation indicated.

"Site vicinity map" means a representation by means of signs and symbols on a planar surface, at an established scale, of the natural and artificial physical features, used in the exposure assessment, that occur within at least 500 feet of the facility boundaries, with the direction of orientation indicated.

"Solid Waste Disposal Act" for the purposes of this Chapter means the "federal act" as defined by A.R.S. § 49-921.

"Source area" means either the location of the release from an UST, the location of free product, the location of the highest soil and groundwater concentration of chemicals of concern, or the location of a soil concentration of chemicals of concern which may continue to impact groundwater or surface water.

"Source of contamination" means with respect to this Chapter, the conditions described in A.R.S. § 49-1053(J).

"Spill" means the loss of regulated substance during the transfer of a regulated substance to an UST system.

"Storage facility" means, for the purpose of Article 4 only, the common, identifiable, location at which deliveries of regulated substances are made to an UST, an above ground storage tank, or to a group of underground and above ground storage tanks, and to which the Department has assigned a single facility identification number.

"Storm-water or wastewater collection system" means piping, pumps, conduits, and any other equipment necessary to collect and transport the flow of surface water run-off resulting from precipitation, or of domestic, commercial, or industrial wastewater to and from retention areas or any areas where treatment is designated to occur. The collection of storm water and wastewater does not include treatment except where incidental to conveyance.

"Substantial business relationship" means the extent of a business relationship necessary under Arizona law to make a guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract is issued "incident to that relationship" if it arises from and depends on existing economic transactions between the guarantor and the owner or operator.

"Substantial governmental relationship" means the extent of a governmental relationship necessary under Arizona law to make an added guarantee contract issued incident to that relationship valid and enforceable. A guarantee contract under R18-12-316 is issued "incident to that relationship" if it arises from a clear commonality of interest in the event of an UST release such as coterminous boundaries, overlapping constituencies, common groundwater aquifer, or other relationship other than monetary compensation that provides a motivation for the guarantor to provide a guarantee.

"Supplier" means, for the purpose of Article 4 only, with respect to collection of the UST excise tax, a person who is described by either A.R.S. § 28-6001(A) or (B). The term "supplier" includes a distributor, as defined in A.R.S. § 28-5601, who is required to be licensed by A.R.S. Title 28, Chapter 16, Article 1.

"Supplier identification number" means, for the purpose of Article 4 only, the unique number assigned to the supplier by the Department of Transportation for the purpose of administering the motor vehicle fuel tax under A.R.S. Title 28, Chapter 16, Article 1.

"Surface impoundment" means a natural topographic depression, artificial excavation, or diked area formed primarily of earthen materials, but which may be lined with artificial materials, that is not an injection well.

"Surface water" has the definition at R18-11-101.

"Surficial soil" means any soil occurring between the current surface elevation and extending to that depth for which reasonably foreseeable construction activities may excavate and relocate soils to surface elevation, and any stockpiles generated from soils of any depth.

"Suspected release discovery date" means the day an owner or operator first has reason to believe, through direct discovery or being informed by another person, that a suspected release exists.

"Suspected release notification date" means the day the Department informs an owner or operator, as evidenced by the return receipt, that a UST may be the source of a release.

"Tangible net worth" means, for purposes of R18-12-101 and R18-12-305, the tangible assets that remain after deducting liabilities; such assets do not include intangibles such as goodwill and rights to patents or royalties. For purposes of this definition, "assets" means all existing and all probable future economic benefits obtained or controlled by a particular entity as a result of past transactions.

"Tax" means, for the purpose of Article 4 only, the excise tax on the operation of USTs levied by A.R.S. Title 49, Chapter 6, Article 2. "Taxpayer" means, for the purpose of Article 4 only, the owner or operator of an UST who pays the tax.

"Training program" means any program that provides information to and evaluates the knowledge of a Class A, Class B, or Class C operator through testing, practical demonstration, or another approach acceptable to the Department regarding requirements for UST systems that meets the requirements of A.R.S.§ 49-1083 and this Chapter.

"Under-dispenser containment" or "UDC" means containment underneath a dispenser system designed to prevent leaks from the dispenser and piping within or above the UDC from reaching soil or groundwater.

"Underground area" means an underground room, such as a basement, cellar, shaft, or vault that provides enough space for physical inspection of the exterior of the tank, situated on or above the surface of the floor.

"Underground storage tank" has the definition at A.R.S. § 49-1001.

"Upgrade" means the addition to or retrofit of an UST system or UST system parts, under R18-12-221, to improve the ability to prevent release of a regulated substance.

"UST" means an underground storage tank as defined at A.R.S. § 49-1001.

"UST regulatory program" means the program established by and described in A.R.S. Title 49, Chapter 6 and the rules promulgated under that program.

"UST system" or "tank system" means an UST, connected underground piping, impact valve and connected underground ancillary equipment and containment system, if any.

"Vadose zone" has the definition at A.R.S. § 49-201.

"Volatile regulated substance" means any regulated substance that generally has the following chemical characteristics: a vapor pressure of greater than 0.5 mmHg at 20°C, a Henry's Law Constant of greater than 1 x 10^-5 atm m³/mol, and which has a boiling point of less than 250° - 300°C.

"Wastewater treatment tank" means a tank system that is designed to receive and treat an influent wastewater through physical, chemical, or biological methods.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective May 23, 1996 (Supp. 96-2). Amended effective July 30, 1996 (Supp. 96-3). Amended effective December 6, 1996 (Supp. 96-4). Amended by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Amended by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-102 Applicability

A. Owners and operators. As provided in A.R.S. § 49-1016(A), the responsibilities of this Chapter, unless indicated otherwise, are imposed on persons who are the owner or the operator of an UST. If the owner and operator of an UST are separate persons, only one person is required to discharge any specific responsibility. Both persons are liable in the event of noncompliance.

B. Persons in possession or control of property. The requirements of this Chapter are applicable to a person acting under the provisions of A.R.S. § 49-1016(C).

C. No supersedence. Nothing in this Chapter supersedes the requirements of the following:

1. An order of a court of competent jurisdiction in effect before August 20, 2002,

2. An order of the Director under A.R.S. § 49-1013 in effect before August 20, 2002.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective May 23, 1996 (Supp. 96-2). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-103 Material Incorporated by Reference

The following materials are incorporated by reference and applicable in this Chapter unless specifically stated otherwise. The materials include no future editions or amendments, are on file with the Department, and are also available as indicated below:

40 CFR 280.10, 40 CFR 280.95(d), 40 CFR 280.96(c), 40 CFR 280.97(b)(1) and (2), 40 CFR 280.98(b), 40 CFR 280.99(b), 40 CFR 280.103(b)(1) and (2), 40 CFR 280.104(d), 40 CFR 280.104(e), 40 CFR 280.105(c), 40 CFR 280.106(d), 40 CFR 280.106(e), 40 CFR 280.107(d), 40 CFR 280.111(b)(11)(i), 40 CFR 280.112(b)(2)(i), 40 CFR 144.63, and 40 CFR 264.147(f)(1), amended as of October 13, 2015 and available at www.ecfr.gov;

American Petroleum Institute Recommended Practice 1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles", 1st edition, amended as of March 2001, reaffirmed February 2011, available at www.techstreet.com;

American Petroleum Institute Recommended Practice 1604, "Closure of Underground Petroleum Storage Tanks", 3rd edition, available at www.techstreet.com;

American Petroleum Institute Publication 1615, "Installation of Underground Hazardous Substances or Petroleum Storage Systems", 6th edition, April 2011, available at www.techstreet.com;

American Petroleum Institute Recommended Practice 1621, "Bulk Liquid Stock Control At Retail Outlets", 5th edition, available at www.techstreet.com;

American Petroleum Institute Recommended Practice 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations", 2nd edition, available at www.techstreet.com;

American Petroleum Institute Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks", 5th edition, available at www.techstreet.com;

American Petroleum Institute Recommended Practice 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", 3rd edition, available at www.techstreet.com;

American Petroleum Institute Standard 2015, "Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks", 8th edition, available at www.techstreet.com;

American Petroleum Institute Recommended Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks", 1st edition, available at www.techstreet.com;

American Petroleum Institute Recommended Practice 2200, "Repairing Hazardous Liquid Pipelines", 5th edition, available at www.techstreet.com;

American Society for Testing and Materials Standard D975-18, "Standard Specification for Diesel Fuel Oils", available at www.techstreet.com;

American Society for Testing and Materials Standard D4547-15: "Standard Guide for Sampling Waste and Soils for Volatile Organic Compounds", available at www.techstreet.com;

American Society for Testing and Materials Standard D4700-15, "Standard Guide for Soil Sampling from the Vadose Zone", available at www.techstreet.com;

American Society for Testing and Materials Standard D4840-99 (2018)e1, "Standard Guide for Sample Chain-of-Custody Procedures", available at www.techstreet.com;

American Society for Testing and Materials Standard D5088-15a, "Standard Practice for Decontamination of Field Equipment Used at Waste Sites", available at www.techstreet.com;

American Society for Testing and Materials Standard G158-98, "Standard Guide for Three Methods of Assessing Buried Steel Tanks", available at www.techstreet.com;

ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, revision 2004.1, available at https://publications.airlines.org;

Department of Defense Directive 4140.25-M, volume 9, available at available at www.esd.whs.mil/Directives/issuances/dodm;

Fiberglass Tank and Pipe Institute Protocol RP 2007-2, "Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space", available at www.fiberglasstankandpipe.com;

Fiberglass Tank and Pipe Institute Recommended Practice T-95-1, "Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks", available at www.fiberglasstankandpipe.com;

"Low Level Hydrostatic Testing for Underground Storage Tank Containment Sumps", amended October 9, 2018, available at ADEQ;

NACE International Standard Practice SP0169-2013, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems", available at www.techstreet.com;

NACE International Standard Practice SP0285-2011, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection", available at www.techstreet.com;

NACE International Standard Test Method TM0101-2012, "Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems", available at www.techstreet.com;

NACE International Standard Test Method TM0497-2012, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems", available at www.techstreet.com;

National Fire Protection Association Publication 385, "Standard for Tank Vehicles for Flammable and Combustible Liquids", amended as of 2017, available at www.nfpa.org;

National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code", 2018 edition, available at www.nfpa.org;

National Fire Protection Association Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages", 2018 edition, available at www.nfpa.org;

National Fire Protection Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair", 2015 edition, available at www.nfpa.org;

National Leak Prevention Association Standard 631, "Chapter A, Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks"; and Chapter B, "10 And 5 Year Inspection for Lined Tanks without Cathodic Protection", 2009 revision, available at www.nlpa-online.org;

National Leak Prevention Association Standard 631, Chapter A, "Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks", (2009 revision), available at www.nlpa-online.org;

National Leak Prevention Association Standard 631, Chapter C, "Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection", 2009 revision, available at www.nlpa-online.org;

Petroleum Equipment Institute Publication PEI/RP100-17, "Recommended Practices for Installation of Underground Liquid Storage Systems", available at www.techstreet.com;

Petroleum Equipment Institute Publication RP1200-17, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities", available at www.techstreet.com;

Petroleum Equipment Institute RP900-17, "Recommended Practices for the Inspection and Maintenance of UST Systems", available at www.techstreet.com;

Steel Tank Institute ACT-100, "Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks-F894", revised May 2018, available at www.steeltank.com;

Steel Tank Institute ACT-100U Specification F961, "Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks", February 2017, available at www.steeltank.com;

Steel Tank Institute Recommended Practice R012, "Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks", revised July 2016, available at www.steeltank.com;

Steel Tank Institute Recommended Practice R051, "Cathodic Protection Testing Procedures for STI-P3^® USTs", April 2017, available at www.steeltank.com;

Steel Tank Institute Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems", revised January 2006, available at www.steeltank.com;

Steel Tank Institute Recommended Practice R972, "Recommended Practice for the Addition of Supplemental Anodes to STI-P3^® USTs", December 2010, available at www.steeltank.com;

Steel Tank Institute Specification F922, "Steel Tank Institute Specification for Permatank^®", February 2017, available at www.steeltank.com;

Steel Tank Institute Standard F841, "Standard for Dual Wall Underground Steel Storage Tanks", January 2006, available at www.steeltank.com;

Steel Tank Institute sti-P3 "Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks", revised May 2018, available at www.steeltank.com;

The National Institute for Occupational Safety and Health Publication 80-106, "Criteria for a Recommended Standard: Working in Confined Spaces", amended as of December 1979, available at www.cdc.gov/niosh;

Underwriters Laboratories 971, "Standard for Nonmetallic Underground Piping for Flammable Liquids", 2nd edition, June 17, 2008, available at www.shopulstandards.com;

Underwriters Laboratories of Canada CAN/ULC-S603.1:2017, "Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids", amended as of February 2017, available at www.techstreet.com;

Underwriters Laboratories of Canada CAN/ULC-S603-14, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids", amended as of October 2014, available at https://canada.ul.com/ulcstandards/;

Underwriters Laboratories of Canada S615-14, "Standard for Fibre Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids", available at www.techstreet.com;

Underwriters Laboratories of Canada Standard S631-05, "Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems", amended as of July 2005, available at www.techstreet.com;

Underwriters Laboratories of Canada Standard S660 "Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids", 1st edition, May 1, 2008, available at www.techstreet.com;

Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids", 10th edition, amended as of January 31, 2018, available at www.shopulstandards.com;

Underwriters Laboratories Standard 1316, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures", 3rd edition, available at www.techstreet.com;

Underwriters Laboratories Standard 1746, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks", 3rd edition, amended December 19, 2014, available at www.techstreet.com;

Underwriters Laboratories Subject 971A, "Outline of Investigation for Metallic Underground Fuel Pipe"; 1st edition, October 18, 2006, available at www.shopulstandards.com;

Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities Design, With Change 2, revised 6/17/15, available at www.wbdg.org.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective May 23, 1996 (Supp. 96-2). Repealed effective July 30, 1990 (Supp. 96-3). Adopted by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Article 2 TECHNICAL REQUIREMENTS

Ariz. Admin. Code § R18-12-201 Reserved

Ariz. Admin. Code § R18-12-202 Reserved

Ariz. Admin. Code § R18-12-203 Reserved

Ariz. Admin. Code § R18-12-204 Reserved

Ariz. Admin. Code § R18-12-205 Reserved

Ariz. Admin. Code § R18-12-206 Reserved

Ariz. Admin. Code § R18-12-207 Reserved

Ariz. Admin. Code § R18-12-208 Reserved

Ariz. Admin. Code § R18-12-209 Reserved

Ariz. Admin. Code § R18-12-210 Applicability

A. The requirements of this Article apply to all owners and operators of an UST system, except as otherwise provided in subsections (B) and (C).

1. Previously deferred UST systems. Airport hydrant fuel distribution systems, UST systems with field-constructed tanks, and UST systems that store fuel solely for use by emergency power generators shall meet the requirements of this Chapter as follows:

a. Airport hydrant fuel distribution systems and UST systems with field-constructed tanks shall meet the requirements in Article 9.

b. UST systems that store fuel solely for use by emergency power generators installed on or before January 1, 2020 shall meet the release detection requirements of R18-12-240 through R18-12-245 on or before March 1, 2020.

c. UST systems that store fuel solely for use by emergency power generators installed after January 1, 2020 shall meet all applicable requirements of this Chapter at installation.

2. Any UST system listed in subsection (C) of this Section shall meet the requirements of R18-12-211.

B. Excluded UST systems. The following UST systems are excluded from the requirements of this Article:

1. Any UST system holding hazardous wastes which are listed or identified under Subtitle C of the Solid Waste Disposal Act, or a mixture of such hazardous waste and other regulated substances;

2. Any wastewater treatment tank system that is part of a wastewater treatment facility regulated under Section 402 or 307(b) of the Clean Water Act;

3. Equipment or machinery that contains regulated substances solely for operational purposes such as hydraulic lift tanks and electrical equipment tanks;

4. Any UST system with a capacity of 110 gallons or less;

5. Any UST system that contains a de minimis concentration of regulated substances;

6. Any emergency spill or overflow containment UST system that is expeditiously emptied after use.

C. Partially excluded UST systems. Except as noted in subsection (C)(2) below, only R18-12-101, R18-12-210, R18-12-211, R18-12-222, R18-12-261 through R18-12-264.01, and the provisions of A.R.S. §§ 49-1001.01 and 49-1005 and the rules promulgated thereunder apply to:

1. Wastewater treatment tank systems other than those specified in subsection (B)(2);

2. Aboveground storage tanks associated with:

a. Airport hydrant fuel distribution systems regulated under Article 9.

b. UST systems with field-constructed tanks regulated under Article 9.

2 3. Any UST systems containing radioactive material that are regulated under the Atomic Energy Act of 1954, 42 U.S.C. §§ 2011 et seq.;

3 4. Any UST system that is part of an emergency generator system at nuclear power generation facilities licensed by the Nuclear Regulatory Commission and subject to Nuclear Regulatory Commission requirements regarding design and quality criteria, including but not limited to 10 CFR 50 ;

4. Airport hydrant fuel distribution systems;

5. UST systems with field-constructed tanks.

D. R18-12-240 through R18-12-245 do not apply to any UST system that stores fuel solely for use by emergency power generators.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-211 Installation Requirements for Partially Excluded UST Systems

A. Owners and operators installing an UST system listed in R18-12-210(C)(1), (3), or (4) storing regulated substances, whether of single-wall or double-wall construction, shall ensure that it meets all of the following requirements:

1. The UST system will prevent releases due to corrosion or structural failure for the operational life of the UST system;

2. The UST system is cathodically protected against corrosion, constructed of non-corrodible material, steel clad with a non-corrodible material, or designed in a manner to prevent the release or threatened release of any stored substance;

3. The UST system is constructed or lined with material that is compatible with the stored substance.

B. Notwithstanding subsection (A), an UST system without corrosion protection may be installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operational life. Owners and operators shall maintain records that demonstrate compliance with the requirements of this subsection for the remaining operational life of the UST system.

C. Compliance with the corrosion protection provisions of this Section shall be determined in accordance with the codes of practice set forth in R18-12-281(A).

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-212 Reserved

Ariz. Admin. Code § R18-12-213 Reserved

Ariz. Admin. Code § R18-12-214 Reserved

Ariz. Admin. Code § R18-12-215 Reserved

Ariz. Admin. Code § R18-12-216 Reserved

Ariz. Admin. Code § R18-12-217 Reserved

Ariz. Admin. Code § R18-12-218 Reserved

Ariz. Admin. Code § R18-12-219 Installation of New UST Systems

A. An owner or operator that intends to bring a new underground storage tank system into operation shall submit to the Director on a Department form all of the following information at least 30 days before beginning installation:

1. The tank's size, construction material, manufacturer, and intended system contents;

2. The certified UST service provider who will perform or supervise the installation;

3. Detailed installation plans showing the site drawn to scale, piping layouts, electrical service, and stating that the tanks will be installed according to the manufacturer's instructions, and the applicable installation standards and codes of practice in R18-12-220 and R18-12-281;

4. Evidence that the intended system contents are compatible with the UST system;

5. A statement describing how the owner or operator plans to satisfy financial responsibility in accordance with Article 3;

6. The intended installation schedule with the proposed backfill date.

B. Within 15 calendar days of receipt of the information required in subsection (A), the Department shall send the owner or operator an email indicating whether the proposed installation may or may not proceed, or whether further information is necessary.

C. An owner or operator may not backfill a new tank system installation until approval by a representative of the Director after an onsite inspection. At the time of inspection the owner or operator shall have on site certifications for all equipment and test results for all piping.

History

• Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-220 Performance Standards for New UST Systems

A. Owners and operators of a new UST system shall meet the requirements described in this Section in order to prevent releases due to structural failure, corrosion, or spills and overfills for as long as the UST system is used to store regulated substances. In addition, except for suction piping that meets the requirements of R18-12-241(C)(2)(a) through (e), tanks and piping installed or replaced after January 1, 2009 shall be secondarily contained and use interstitial monitoring in accordance with R18-12-243(G) . Secondary contain, be able to contain regulated substances leaked from the primary containment until they are detected and removed and pre-vent the release of regulated substances to the environment at any time during the operational life of the UST system. For cases where the piping to be replaced exceeds the percentage in A.R.S. § 49-1009(C), the entire piping run shall be secondarily contained.

B. A tank shall be properly designed and constructed, and any portion underground that routinely contains a regulated substance shall be protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

1. The tank is constructed of fiberglass-reinforced plastic. Compliance with this subsection may be determined in accordance with the performance standards set forth in R18-12-281(B);

2. The tank is constructed of steel and is cathodically protected, in accordance with one of the performance standards of R18-12-281(C), by all of the following:

a. The tank is coated with a suitable dielectric material;

b. The field-installed cathodic protection systems are designed by a corrosion expert;

c. The impressed current systems, if used, are designed to allow determination of current operating status as required in R18-12-231(C);

d. The cathodic protection systems are operated and maintained in accordance with R18-12-231.

3. The tank is constructed of steel and clad or jacketed with a non-corrodible material. Compliance with this subsection shall be determined in accordance with one of the performance standards set forth in R18-12-281(D).

4. The tank is constructed of metal without additional corrosion protection measures, and both of the following conditions are met:

a. The tank is installed at a site that is determined by a corrosion expert not to be corrosive enough to cause it to have a release due to corrosion during its operating life;

b. Owners and operators maintain records that demonstrate compliance with the requirements of subsection (B)(4)(a) for the remaining operational life of the tank.

5. The tank construction and corrosion protection are determined by the Department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements of subsections (B)(1) through (4).

C. The piping that routinely contains regulated substances and is in contact with the ground shall be properly designed, constructed, and protected from corrosion in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory as specified below:

1. The piping is constructed of non-corrodible material. Compliance with this subsection may be determined in accordance with the performance standard set forth in R18-12-281(E).

2. The piping is constructed of steel and in meeting the performance standards of R18-12-281(F) is cathodically protected according to all of the following:

a. The pipmg is coated with a suitable dielectric material;

b. Field-installed cathodic protection systems are designed by a corrosion expert;

c. Impressed current systems, if used, are designed to allow determination of current operating status as required in R18-12-231(C);

d. Cathodic protection systems are operated and maintained in accordance with R18-12-231.

3. The piping is constructed of metal without additional corrosion protection measures, and all of the following requirements are satisfied:

a. The piping is installed at a site that is determined by a corrosion expert to not be corrosive enough to cause it to have a release due to corrosion during its operating life;

b. The piping meets the performance standards of R18 12281(G);

c b. Owners and operators maintain records that demonstrate compliance with the requirements of subsection (a) for the remaining life of the piping.

4. The piping construction and corrosion protection are determined by the Department to be designed to prevent the release or threatened release of any stored regulated substance in a manner that is no less protective of human health and the environment than the requirements in subsections (C)(1) through (3).

D. Except as provided in subsections D)(3) and (D)(4), owners and operators shall use both of the following spill and overfill prevention equipment systems to prevent spilling and overfilling associated with transfer of a regulated substance to the UST system:

1. Spill prevention equipment that will prevent release of a regulated substance to the environment when the transfer hose is detached from the fill pipe;

2. Overfill prevention equipment that will do one or more of the following:

a. Automatically shut off flow into the tank when the tank is no more than 95% full;

b. Alert the transfer operator when the tank is no more than 90% full by restricting the flow into the tank or triggering a high-level alarm that can be heard at the point of transfer;

c. Restrict flow 30 minutes prior to overfilling, alert the operator with a high level alarm that can be heard at the point of transfer one minute before overfilling, or automatically shut off flow into the tank so that none of the fittings located on top of the tank are exposed to a regulated substance due to overfilling.

3. Owners and operators are not required to use the spill and overfill prevention equipment specified in subsections (D)(1) and (2) if either of the following conditions is met:

a. Alternative equipment is used that is determined by the Department to be no less protective of human health and the environment than the equipment specified in subsections (D)(1) or (2);

b. The tank is filled by transfers of no more than 25 gallons at one time.

4. Flow restrictors used in vent lines may not be used to comply with subsection (D)(2) of this Section when overfill prevention is installed or replaced.

5. Spill and overfill prevention equipment shall be periodically tested or inspected in accordance with R18-12-235.

E. The UST system shall

1. be properly installed in accordance with the manufacturer's instructions

2. and in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, such as those listed in R18-12-281(G).

F. Owners and operators shall ensure, in addition to the installation being inspected and approved by the Department under R18-12-219, that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with subsection (E):

1. The installer has been certified by the tank and piping manufacturers,

The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation, or

3. The installation has been inspected and approved by the Department,

4 3. All work listed in the manufacturer's installation checklists has been completed, or

4. Owners and operators have complied with another method for ensuring compliance with subsection (E) that is determined by the Department to be no less protective of human health and the environment.

G. Under-dispenser containment. Each UST system shall be equipped with under-dispenser containment for any new dispenser installed or replaced after January 1, 2009. Under-dispenser containment shall be liquid-tight on its sides, bottom, and at any penetrations. Under-dispenser containment shall allow for visual inspection and access to the components in the containment system or be periodically monitored for leaks from the dispenser system.

H. Notwithstanding subsection (G), under dispenser containment is only required when a new dispenser system is installed if the requirement for under dispenser containment in A.R.S. § 49-1009(D) is changed to apply only to new dispenser system installation. A dispenser system is considered new when both the dispenser and the equipment needed to connect the dispenser to the underground storage tank system are installed at an UST facility. The equipment necessary to connect the dispenser to the underground storage tank system includes check valves, shear valves, unburied risers or flexible connectors, or other transitional components that are underneath the dispenser and connect the dispenser to the underground piping.

G I. Owners shall provide a certification of compliance on the UST Notification Form in accordance with R18-12-222(D) and shall ensure that a certification statement in accordance with the applicable requirements of R18-12-222(E) is signed by the installer on the Notification Form prior to submission to the Department.

H. If an UST system is installed or modified to meet the requirements of this Section, owners shall notify the Department in accordance with R18-12222(F)(2) within 30 days of the date that the UST system is brought into operation or modified.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-221 Upgrading of Existing UST Systems

A. Owners and operators shall permanently close (in accordance with R18-12-270 through R18-12-274) any UST system that does not meet the new UST system performance standards in R18-12-220 or has not been upgraded in accordance with subsections (F) through (I) of this Section. This does not apply to previously deferred UST systems described in Article 9 and where an upgrade is determined to be appropriate by the Department. All existing UST systems shall comply with one of the following requirements:

1. New UST system performance standards under R18-12-220;

2. The upgrading requirements described in subsections (E) through (H);

Closure requirements under R18-12-270 through R18-12-274, including applicable requirements for release reporting and corrective action under R18-12-250 through R18-12-264.01.

B. Except for repairs described in subsection (D), an owner or operator that intends to modify an underground storage tank system, including upgrading to comply with subsection (A), shall submit to the Director on a Department form all of the following information at least 30 days before beginning the tank system modifications:

1. The tank's size, construction material, location and intended use.

2. The certified UST service provider(s) performing or supervising the modification.

3. A description of the modifications, including detailed plans, where necessary, showing the site, piping layouts, electrical service, and stating that the modifications will be installed according to the manufacturers' instructions, and the applicable standards and codes of practice in R18-12-220 and R18-12-281.

4. When applicable, evidence that compatibility under R18-12-232 has been considered.

5. The intended modification schedule with any proposed backfill date.

C. For the purposes of this Section, "modify" means any of the following: changing dispensers, installing under dispenser containment, relining or retrofitting a tank, replacing pipe, adding or changing corrosion protection, or making repairs in response to a confirmed or suspected release. Modify does not mean scheduled maintenance or repair above the shear valve.

D. The owner or operator shall submit the information in subsection (B) to the Department as soon as possible after the start of emergency repairs and as soon as possible before the date of the following proposed repairs:

1. Repairs in response to a confirmed or suspected release if an owner or operator is removing a UST from operation for the repairs;

2. Minor repairs, including replacement of a leak detection sensor, and repairs to fittings.

E. Within 15 calendar days of receipt of information under subsection (B), the Department shall send the owner or operator an email indicating whether the proposed modification may or may not proceed, whether a Department inspection will be required, or whether further information is necessary. At the time of the modification, the owner or operator shall have on site service provider certifications and test results for all equipment installed.

B F. A steel tank shall be upgraded to meet one of the following requirements in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory:

1. Tanks upgraded by internal lining shall meet both of the following conditions:

a. The internal lining is installed in accordance with the requirements of R18-12-233, and R18-12-281(H)(1) or (2);

b. Within 10 years after the internal lining is installed, and every five years thereafter, the lined tank is internally inspected and found to be structurally sound with the lining still performing in accordance with original design specifications. If the internal lining is no longer performing in accordance with original design specifications and cannot be repaired in accordance with a code of practice developed by a nationally recognized association or independent testing laboratory, then the lined tank shall be permanently closed in accordance with R18-12-270 through R18-12-274.

2. Tanks upgraded by cathodic protection shall meet the requirements of R18-12-220(B)(2)(b) through (d), and the integrity of the tank shall have been ensured using one of the following methods:

a. The tank was internally inspected and assessed to ensure that it was structurally sound and free of corrosion holes prior to installing the cathodic protection system;

b. The tank had been installed for less than 10 years and is monitored monthly for releases in accordance with R18-12-243(D) through (I);

c. The tank had been installed for less than 10 years and was assessed for corrosion holes by conducting two tightness tests that meet the requirements of R18-12-243(C) . The 1st tightness test shall be conducted prior to installing the cathodic protection system. The 2nd tightness test shall be conducted between three and six months following the 1st operation of the cathodic protection system; or

d. The tank was assessed for corrosion holes by a method that is determined by the Department to prevent releases in a manner that is no less protective of human health and the environment than the methods described in subsections (B)(2)(a) through (c).

3. Tanks upgraded by both internal lining and cathodic protection shall meet both of the following requirements:

a. The lining is installed in accordance with the requirements of R18-12-233 ,

b. The cathodic protection system meets the requirements of R18-12-220(B)(2)(b) through (d).

C G. Metal piping that routinely contains regulated substances and is in contact with the ground shall be cathodically protected in accordance with the applicable requirements of R18-12-220(C)(2)(b) through (d).

D H. Any upgrading by use of corrosion protection described in this Section shall be accomplished in accordance with the performance standards set forth in R18-12-281(H).

E I. To prevent spilling and overfilling associated with the transfer of a regulated substance to the UST system, all existing UST systems shall comply with UST system spill and overfill prevention equipment requirements specified in R18-12-220(D).

F J. Owners or operators shall ensure that one or more of the following methods of certification, testing, or inspection is used to demonstrate compliance with the requirements of this Section by providing a certification of compliance on the UST Notification Form in accordance with R18-12-222(D):

1. The installer has been certified by the equipment or system manufacturers;

2. The installation has been inspected and certified by a registered professional engineer with education and experience in UST system installation, or if required under subsection (D), by the Department;

3. All work listed in the manufacturer's installation checklists has been completed;

4. The owner has complied with another method for ensuring compliance with the requirements of this Section that is determined by the Department to be no less protective of human health and the environment.

G K. Owners and operators shall ensure that a certification statement in accordance with the applicable requirements of R18-12-222(E) is signed by the installer on the Notification Form prior to submission to the Department.

H. If an UST system is upgraded in accordance with this Section, owners and operators shall notify the Department in accordance with R18-12-222(F)(2) within 30 days of the date that the UST system is upgraded.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-222 Notification Requirements

A. An owner of an UST system shall comply with the notification requirements of this Section in accordance with those described in A.R.S. § 49-1002.

B. An owner shall submit the most current and complete information on each UST system at each facility utilizing the Departmental form titled "Notification for Underground Storage Tanks" ("Notification Form"). An owner shall submit a separate Notification Form to the Department for each facility which is owned. Submitted information shall include all of the following for each UST system:

1. Type of notification specifying one of the following:

a. New facility,

b. Amendment of previous Notification Form,

c. Closure.

2. The name and mailing address of the owner of the UST system;

Facility street address and the associated county assessor book, map, and parcel;

4. Type of owner, specifying whether government, commercial, or private;

5. Whether the UST system is located within Indian country;

6. Facility type;

7. The name and mailing address of the operator of the UST system;

8. Compliance with financial responsibility requirements in accordance with R18-12-300 through R18-12-325, and the mechanism or mechanisms used to demonstrate compliance;

9. Facility map including tanks and associated piping in addition to major structures;

10. Status of each UST system as one of the following:

a. Currently in use,

b. Temporarily out of use,

c. Permanently out of use.

11. Date of the UST system installation and date the UST system was first brought into operation;

12. Estimated total capacity of the tank;

13. Material of tank construction and method of corrosion protection for each UST system;

14. Date of tank repair or replacement, if tank has been repaired or replaced;

15. Material of piping construction and method of corrosion protection for each UST system;

16. Date of piping repair or any replacement, if piping has been repaired or replaced;

17. Type of piping delivery system;

18. Methods of leak detection currently in use for tank and piping;

Whether the UST system is connected to an emergency generator;

20. Substance currently or last stored in the UST system in greatest quantity by volume;

21. If the substance currently or last stored in the UST system is a hazardous substance, identification of the CERCLA name or Chemical Abstracts Service number;

22. If the substance currently or last stored in the UST system is a mixture of substances, identification of the constituents of the mixture;

Information on under dispenser containment including construction material, and date(s) of any repair, replacement or modification.

C. In addition to the information required in subsection (B), if an UST system is permanently closed, temporarily closed, or if a change-in-service has occurred, an owner shall provide all of the following:

1. The estimated date the UST system was last used, and the estimated date the UST system was permanently closed;

2. Identification of the UST system as one of the following:

a. Removed from the ground,

b. Closed in the ground and filled with inert solid materials and a description of those materials,

c. Completed change-in-service and a description of current use,

d. Temporarily closed,

e. Temporarily closed with a request for extension of temporary closure.

3. Whether an UST site assessment was completed;

4. Whether there was evidence of a leak.

D. An owner shall certify under penalty of law that the owner has personally examined and is familiar with the information submitted in the Notification Form and all attached documents, and that based either on direct knowledge or on inquiry of those individuals immediately responsible for obtaining the information, the owner believes that the submitted information is true, accurate, and complete. For a new or upgraded UST system, this certification shall include compliance with all the following requirements:

Installation of tanks and piping under R18-12-220(E) and (F);

2. Cathodic protection of steel tanks and piping under R18-12-220(B) and (C), or R18-12-221(F) through (H);

3. Spill and overfill protection under R18-12-220(D) or R18-12-221(I);

4. Release detection under R18-12-240 through R18-12-245;

5. Financial responsibility under R18-12-300 through R18-12-325.

E. An owner of a new or upgraded UST system shall ensure that the installer certifies on the Notification Form that to the best information and belief of the installer the items set forth in subsections (D)(1) through (4) are true and comply with R18-12-219 through R18-12-221.

F. Any request for an extension of temporary closure shall be made in accordance with R18-12-270.

G. In addition, an owner of an UST system shall notify the Department within 30 days after any one of the following occurs:

1. A change in the operator of the UST system;

2. A replacement or upgrade of any portion of the UST system in accordance with R18-12-220 or R18-12-221 ;

3. A change in leak detection status in accordance with R18-12-240 through R18-12-245 ;

4 2. Temporary closure in accordance with R18-12-270;

5 3. Return to active service following temporary closure in accordance with R18-12-270(A);

6 4. Permanent closure or change-in-service in accordance with R18-12-271 through R18-12-274;

7 5. A change in the contents of the UST system among the categories of regulated substances described in subsections (B)(20), (21), or (22);

8 6. A change in status of financial responsibility in accordance with R18-12-300 through R18-12-325.

G H. In the case of a change of ownership of an UST system, one of the following shall occur:

1. When a vendor sells an UST system or a tank for use as an UST after May 8, 1986, the vendor shall inform the purchaser, on a form prescribed by the Department, that the Resource Conservation and Recovery Act (RCRA) requires owners of certain underground storage tanks to notify the Department within 30 days of the existence of the tank.

2. When a person transfers ownership of an UST system, both of the following shall occur:

a. The transferor shall inform the Department in writing of the transfer of its interest in the UST system including the name and address of the transferor and transferee, name and telephone number of the contact person for the transferee and effective date of the transfer. In addition, the transferor shall advise the transferee of the notification requirements of this Section, utilizing the form referenced in subsection (G)(1);

b. The transferee shall submit to the Department a completed Notification Form within 30 days of the transfer of interest.

I. Owners and operators of tanks partially excluded under R18-12-210(C) shall submit a Notification Form under this Section covering each partially excluded tank and provide the information in subsections (B)(1) through (B)(12), (B)(19), and (B)(20) of this Section. Owners and operators of tanks partially excluded under R18-12-210(C)(4) are not required to provide the information in subsection (B)(9).

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-223 Reserved

Ariz. Admin. Code § R18-12-224 Reserved

Ariz. Admin. Code § R18-12-225 Reserved

Ariz. Admin. Code § R18-12-226 Reserved

Ariz. Admin. Code § R18-12-227 Reserved

Ariz. Admin. Code § R18-12-228 Reserved

Ariz. Admin. Code § R18-12-229 Reserved

Ariz. Admin. Code § R18-12-230 Spill and Overfill Control

A. Owners and operators shall ensure that releases due to spilling or overfilling do not occur. Owners and operators shall ensure, before the transfer is made, that the volume then available in the tank is greater than the volume of regulated substance to be transferred to the tank. Owners and operators also shall ensure that the operation is monitored constantly to prevent overfilling and spilling. Compliance with this subsection shall be determined in accordance with the performance standards set forth in R18-12-281(I).

B. Owners and operators shall report, investigate, and clean up any spills and overfills in accordance with A.R.S. §§ 49-1004 and 49-1005 and the rules promulgated thereunder, including R18-12-251(A) and R18-12-260.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-231 Operation and Maintenance of Corrosion Protection

A. A corrosion protection system shall be operated and maintained to continuously provide corrosion protection to the metal components of an UST system which are subject to the corrosion protection requirements of R18-12-220 and R18-12-221 and to piping which routinely contains regulated substances and is in contact with the ground.

B. An UST system equipped with cathodic protection systems shall be inspected for proper operation by a qualified cathodic protection tester. Owners and operators shall ensure compliance with both of the following requirements:

1. A cathodic protection system shall be tested within six months of installation and at least every three years thereafter,

2. The criteria that are used to determine that cathodic protection is adequate as required by this Section shall be in accordance with the codes of practice set forth in R18-12-281(J).

C. An UST system with an impressed current cathodic protection system, in addition to meeting the requirements of subsections (A) and (B) shall be inspected every 60 days to ensure the equipment is operating in accordance with its design specifications.

D. For an UST system using cathodic protection, records of the operation of the cathodic protection shall be maintained in accordance with R18-12-234 to demonstrate compliance with the performance standards in this Section and R18-12-281(J) . These records shall provide the following:

The results of testing from the last two inspections required by subsection (B),

2. The results of the last three inspections required by subsection (C).

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-232 Compatibility

A. Owners and operators shall use an UST system made of or lined with materials that are compatible with the substance stored in the UST system. Compliance with this Section may be determined in accordance with the code of practice in R18-12-281(K).

B. Owners and operators shall notify the Department at least 30 days prior to switching to a regulated substance containing greater than 10 percent ethanol, greater than 20 percent biodiesel, or any blend of isobutanol. In addition, owners and operators with UST systems storing these regulated substances shall meet one of the following:

1. Demonstrate compatibility of the UST system (including the tank, piping, containment sumps, pumping equipment, release detection equipment, spill equipment, and overfill equipment). Owners and operators may demonstrate compatibility of the UST system by using one of the following options:

a. Certification or listing of UST system equipment or components by a nationally recognized, independent testing laboratory for use with the regulated substance stored; or

b. Equipment or component manufacturer approval. The manufacturer's approval shall be in writing, indicate an affirmative statement of compatibility, specify the range of biofuel blends the equipment or component is compatible with, and be from the equipment or component manufacturer; or

2. Use another option determined by the Department to be no less protective of human health and the environment than the options listed in subsection (B)(1) of this Section.

C. Owners and operators shall maintain records in accordance with R18-12-234(B) documenting compliance with subsection (B) of this Section for as long as the UST system is used to store the regulated substance.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-233 Repairs Allowed

A. Owners and operators of an UST system shall ensure that repairs will prevent releases due to structural failure or corrosion as long as the UST system is used to store regulated substances. The repairs shall meet the following requirements:

1. Repairs to an UST system shall be properly conducted in accordance with an applicable code of practice developed by a nationally recognized association or independent testing laboratory as specified in R18-12-281(L);

2. Repairs to a fiberglass-reinforced plastic tank may be made by the manufacturer's authorized representative or in accordance with the code of practice set forth in R18-12-281(M);

3. Any metal pipe sections and fittings that have released a regulated substance as a result of corrosion or other damage shall be replaced. Non-corrodible pipe and fittings may be repaired in accordance with the manufacturer's specifications.

B. Repairs to secondary containment areas of tanks and piping used for interstitial monitoring and to containment sumps used for interstitial monitoring of piping shall have the secondary containment tested for tightness according to the manufacturer's instructions, a code of practice developed by a nationally recognized association or independent testing laboratory, or according to requirements established by the Department within 30 days following the date of completion of the repair. All other repairs to tanks and piping shall be tightness tested in accordance with the specifications described in R18-12-243(C) and R18-12-244(B) within 30 days following the date of the completion of the repair unless one of the following procedures is employed:

1. The repaired tank is internally inspected in accordance with a code of practice developed by a nationally recognized association or an independent testing laboratory listed in R18-12-281(N);

2. The repaired portion of the UST system is monitored monthly for releases in accordance with a method specified in R18-12-243(D) through (I); or

3. Another test method is used that is determined by the Department to be no less protective of human health and the environment than those listed in subsections (B)(1) and (2).

C. Within six months following the repair of any cathodically protected UST system, the cathodic protection system shall be tested in accordance with R18-12-231(B) and (C) to ensure that it is operating properly.

D. Within 30 days following any repair to spill or overfill prevention equipment, the repaired spill or overfill prevention equipment shall be tested or inspected, as appropriate, in accordance with R18-12-235 to ensure it is operating properly.

D E. Owners and operators of an UST system shall maintain records of each repair until the UST system is permanently closed or undergoes a change-in-service pursuant to R18-12-271.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-234 Reporting and Recordkeeping

A. Owners and operators shall submit notifications for all UST systems in accordance with R18-12-222 . Additionally, owners and operators shall submit the following information to the Department:

1. Reports of all releases including suspected releases according to R18-12-251, confirmed releases according to R18-12-260, and spills and overfills according to R18-12-230;

2. Corrective actions planned or taken including initial abatement and site characterization measures in accordance with R18-12-261, free product removal according to R18-12-261.02, investigation of soil and ground-water cleanup according to R18-12-262, and a corrective action plan according to R18-12-263 and R18-12-263.02;

3. The information required in R18-12-271 before starting permanent closure or change-in-service;

4. The closure report in accordance with R18-12-271(E) for owners and operators who are permanently closing or making a change in service to an UST system.

B. Owners and operators shall maintain all of the following information:

1. A corrosion expert's analysis of site corrosion potential if corrosion protection equipment is not used under R18-12-211(B), R18-12-220(B)(4) or R18-12-220(C)(3);

2. Documentation of operation of corrosion protection equipment in accordance with R18-12-231;

3. Documentation of compatibility for UST systems as required by R18-12-232;

3 4. Documentation of UST system repairs in accordance with R18-12-233(E);

5. Documentation of compliance for spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping as required by R18-12-235(B);

6. Documentation of periodic walkthrough inspections as required by R18-12-236(B);

4 7. Documentation of compliance with release detection requirements in accordance with R18-12-245;

8. Documentation of operator training according to R18-12-237.

C. Unless otherwise arranged with the Department through pre-inspection communication, owners and operators shall keep the records required by subsection (B) either:

1. At the UST site and immediately available for inspection by the Department, or

2. At a readily available alternative site and provide those records for inspection to the Department upon request within one business day.

D. Unless otherwise required, owners and operators may maintain either paper or electronic records to demonstrate compliance with this Chapter. Electronic records shall contain all of the information required for paper records.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-235 Periodic Testing of Spill Prevention Equipment and Containment Sumps Used for Interstitial Monitoring of Piping and Periodic Inspection of Overfill Prevention Equipment

A. Owners and operators of UST systems with spill and overfill prevention equipment and containment sumps used for interstitial monitoring of piping shall meet these requirements to ensure the equipment is operating properly and will prevent releases to the environment:

Spill prevention equipment (such as a catchment basin, spill bucket, or other spill containment device) and containment sumps used for interstitial monitoring of piping shall prevent releases to the environment by meeting one of the following:

a. The equipment is double walled and the integrity of both walls is periodically monitored at a frequency not less than the frequency of the walkthrough inspections described in R18-12-236 . Owners and operators shall begin meeting subsection (A)(1)(b) of this Section and conduct a test within 30 days of discontinuing periodic monitoring of this equipment; or

b. The spill prevention equipment and containment sumps used for interstitial monitoring of piping are tested at least once every three years to ensure the equipment is liquid tight by using vacuum, pressure, or liquid testing in accordance with one of the following criteria:

i. Requirements developed by the manufacturer (Note: Owners and operators may use this option only if the manufacturer has developed requirements);

ii. Code of practice developed by a nationally recognized association or independent testing laboratory; or

iii. Requirements determined by the Department to be no less protective of human health and the environment than the requirements listed in subsections (A)(1)(b)(i) and (ii) of this Section. The Department's "Low Level Hydrostatic Testing for Underground Storage Tank Containment Sumps", amended October 9, 2018, may be used to comply with this subsection (iii) if the system has automatic shutoff of dispenser or submersible pump, as appropriate, to prevent further regulated substances from entering the sump.

2. Overfill prevention equipment shall be inspected at least once every three years. At a minimum, the inspection shall ensure that overfill prevention equipment is set to activate at the correct level specified in R18-12-220(D) and will activate when regulated substance reaches that level. Inspections shall be conducted in accordance with one of the criteria in subsection (A)(1)(b)(i)-(iii) of this Section. The following code of practice may be used to comply with subsections (A)(1)(b) and (A)(2) of this Section: Petroleum Equipment Institute Publication RP1200-17, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities".

B. Owners and operators shall begin meeting these requirements as follows:

1. For UST systems in use on or before January 1, 2020, the initial spill prevention equipment test, containment sump test and overfill prevention equipment inspection shall be conducted not later than March 1, 2020.

2. For UST systems brought into use after January 1, 2020, these requirements apply at installation.

3. Owners and operators shall maintain records as follows (in accordance with R18-12-234) for spill prevention equipment, containment sumps used for interstitial monitoring of piping, and overfill prevention equipment:

a. All records of testing or inspection shall be maintained for three years; and

b. For spill prevention equipment and containment sumps used for interstitial monitoring of piping not tested every three years, documentation showing that the prevention equipment is double walled and the integrity of both walls is periodically monitored shall be maintained for as long as the equipment is periodically monitored.

History

• Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-236 Periodic Operation and Maintenance Walkthrough Inspections

A. To properly operate and maintain UST systems, owners and operators shall meet one of the following:

1. Conduct a walkthrough inspection that, at a minimum, checks the following equipment as specified below:

a. Every 30 days (Exception: spill prevention equipment at UST systems receiving deliveries at intervals greater than every 30 days may be checked prior to each delivery):

i. Spill prevention equipment - visually check for damage; remove liquid or debris; check for and remove obstructions in the fill pipe; check the fill cap to make sure it is securely on the fill pipe; and, for double walled spill prevention equipment with interstitial monitoring, check for a leak in the interstitial area, and

ii. Release detection equipment - check to make sure the release detection equipment is operating with no alarms or other unusual operating conditions present; and ensure records of release detection testing are reviewed and current; and

b. Annually:

i. Containment sumps - visually check for damage, leaks to the containment area, or releases to the environment; remove liquid (in contained sumps) or debris; and, for double walled sumps with interstitial monitoring, check for a leak in the interstitial area, and

ii. Hand held release detection equipment - check devices such as tank gauge sticks or groundwater bailers for operability and serviceability; or

2. Conduct operation and maintenance walkthrough inspections according to a standard code of practice developed by a nationally recognized association or independent testing laboratory that checks equipment comparable to subsection (A)(1) of this Section; or

3. Conduct operation and maintenance walkthrough inspections developed by the Department that checks equipment comparable to subsection (A)(1) of this Section. The following code of practice may be used to comply with subsection (A)(2) of this Section: Petroleum Equipment Institute RP900-17, "Recommended Practices for the Inspection and Maintenance of UST Systems".

B. Owners and operators shall maintain records (in accordance with R18-12-234) of operation and maintenance walkthrough inspections for one year from the date of the walkthrough inspection. Records may be on a form provided by the Department and shall include a list of each area checked, whether each area checked was acceptable or needed action taken, a description of actions taken to correct an issue, and delivery records if spill prevention equipment is checked less frequently than every 30 days due to infrequent deliveries.

History

• Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-237 Operator Training

A. Owners and operators shall provide and document training as provided in this Section for operators designated under A.R.S. § 49-1083:

1. For class A and B operators, document the name of the trainee, the date trained, the operator training class completed, the name of the trainer or examiner if applicable, and the training company name, address, and telephone number on a form provided by the Director. A copy of a certificate or other documentation of training, which includes the trainee's name, an acceptable source of instruction, the date(s) of instruction, and the results of any examination, may be substituted.

2. Each current class C operator for the facility shall be entered into a log kept on site legibly showing each operator's name, the date(s) of instruction, and the source of instruction.

3. The records in subsections (1) and (2) above shall be maintained at the facility for at least 3 years from the date of training, or off site if they can be made available to the Director within one business day.

B. Class A operator training shall include all of the following:

1. The requirements associated with notification under section 49-1002, release detection under section 49-1003, reporting requirements under section 49-1004, financial responsibility under section 49-1006, closure under section 49-1008, underground storage tank performance under section 49-1009, delivery prohibition under section 49-1023, operator training under section 49-1083, and the rules adopted under those sections, as applicable.

2. The purpose, methods, and function of:

a. Spill and overfill prevention;

b. Release detection;

c. Corrosion protection;

d. Emergency response;

e. Product and equipment compatibility and demonstration;

f. Temporary closure;

g. Environmental and regulatory consequences of releases; and

3. Class B and class C operator requirements.

C. Class B operator training shall include all of the following:

1. The requirements associated with release detection under section 49-1003, reporting requirements under section 49-1004, underground storage tank performance under section 49-1009, delivery prohibition under section 49-1023, and the rules adopted under those sections, as applicable.

2. The purpose, methods, and function of:

a. Operation and maintenance;

b. Spill and overfill prevention;

c. Release detection and related reporting;

d. Corrosion protection;

d. Emergency response;

e. Product and equipment compatibility and demonstration;

f. Reporting, recordkeeping, testing, and inspections;

g. Environmental and regulatory consequences of releases;

h. Training requirements for Class C operators,

D. Class C operator training shall provide individuals the knowledge and skills to take appropriate action in response to emergencies or alarms caused by spills or releases from an underground storage tank system, including procedures for contacting a class A or class B individual and any emergency responder.

E. The following sources of instruction are acceptable:

1. Training workshops or online training provided through ADEQ;

Any training program or comparable examination developed or administered by an independent organization or recognized authority that meets the minimum requirements of this Section and includes an evaluation through testing, a practical demonstration, or another approach acceptable to the Department;

3. A training program developed and administered in house, if acceptable to the Department after a review initiated during a site visit. An outline of the in house operator training program completed shall be available at the facility or off site if it can be made available to the Director within one business day.

F. The following training formats are acceptable:

1. Distance learning/internet courses,

2 On-site courses,

3. Classroom and conference style courses

G. Class A, B, and C operators shall be retrained at the following times:

1. Every 3 years;

2. When switching classifications from C to B, from B to A, or from C to A;

3. When changing facilities, unless the equipment is identical, or unless the operator is already trained for multiple facilities; and

4. Class A and class B operators of UST systems determined by the Director to be out of compliance under A.R.S § 49-1083(D). At a minimum, the retraining shall cover each area determined to be out of compliance.

H. Upon request, the Director may excuse retraining under subsection (G) for good cause.

History

• Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-238 Reserved

Ariz. Admin. Code § R18-12-239 Reserved

Ariz. Admin. Code § R18-12-240 General Release Detection Requirements for All UST Systems

A. Owners and operators of a UST system shall provide a method, or combination of methods, of release detection that:

1. Can detect a release from any portion of the tank and the connected underground piping that routinely contains a regulated substance;

2. Is installed and calibrated in accordance with the manufacturer's instructions;

3. Is operated and maintained, and electronic and mechanical components are tested for proper operation, in accordance with one of the following: manufacturer's instructions; a code of practice developed by a nationally recognized association or independent testing laboratory; or requirements determined by the Director to be no less protective of human health and the environment than the two options in subsections (A)(1) and (A)(2) above. A test of the proper operation shall be performed at least annually and, at a minimum, as applicable to the facility, cover the following components and criteria:

a. Automatic tank gauge and other controllers: test alarm; verify system configuration; test battery backup;

b. Probes and sensors: inspect for residual buildup; ensure floats move freely; ensure shaft is not damaged; ensure cables are free of kinks and breaks; test alarm operability or running condition and communication with controller;

c. Automatic line leak detector: test operation to meet criteria in R18-12-244(A) by simulating a leak;

d. Vacuum pumps and pressure gauges: ensure proper communication with sensors and controller; and

e. Hand-held electronic sampling equipment associated with groundwater and vapor monitoring: ensure proper operation. Note to subsection (A)(3): The following code of practice may be used to comply with subsection (A)(3) of this Section: Petroleum Equipment Institute Publication RP1200-17, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities".

3 4. Meets the performance requirements in R18-12-243 or R18-12-244, or Article 9, as applicable, with any performance claims and their manner of determination described in writing by the equipment manufacturer or installer; and

4 5. For the methods listed in R18-12-243(B), (C), (D), (H), and (I), R18-12-244(A) and (B), and Article 9, is capable of detecting the leak rate or quantity specified for that method with a Probability of Detection (PD) of a release of 0.95 and a Probability of False Alarm (PFA) of 0.05

a. Manual Tank Gauging, in accordance with R18-12-243(B) ; Tank Tightness Testing, in accordance with R18-12-243(C) ; Automatic Tank Gauging, in accordance with R18-12-243(D) ; Line Tightness Testing, in accordance with R18-12-244(B) : December 22, 1990;

b. Automatic Line Leak Detectors, in accordance with R18-12-244(A) : September 22, 1991.

B. When a release detection method operated in accordance with the performance standards in R18-12-243, R18-12-244, or Article 9 indicates a release may have occurred, owners and operators shall inform the Department in accordance with R18-12-251 .

C. Owners and operators of an UST system shall comply with the release detection requirements of this Section and R18-12-241 through R18-12-245 by December 22 of the year listed in the following table:

D C. Any UST system that cannot apply a method of release detection that complies with the requirements of this Section and [R18-12-241]() through [R18-12-245]() shall complete the closure procedures in [R18-12-270]() through [R18-12-274]().

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-241 Release Detection for Petroleum UST Systems

A. Owners and operators of petroleum UST systems shall provide release detection for tanks installed on or before January 1, 2009 so that the tanks are monitored for releases at least once every month using one of the methods listed in R18-12-243(D) through (I) except that:

1. An UST system that meets the new or upgraded UST system performance standards of R18-12-220 or R18-12-221, and the monthly inventory control requirements of R18-12-243(A) may use tank tightness testing conducted in accordance with R18-12-243(C) at least every five years until 10 years after the tank was installed; and

2. An UST system that does not meet the performance standards in R18-12-220 or R18-12-221 may use annual tank tightness testing conducted in accordance with R18-12-243(C) in conjunction with either monthly inventory control conducted in accordance with R18-12-243(A) or the manual tank gauging requirements of R18-12-243(B) until December 22, 1998, when the tank shall be upgraded under R18-12-221 or permanently closed under R18-12-271 through R18-12-274 . The initial tank tightness test shall be performed on or before the compliance date for the tank as set forth in R18-12-240(C) ;

3 2. A tank with a capacity of 550 gallons or less or a tank with a capacity of 551 to 1,000 gallons that meets the tank diameter criteria in R18-12-243(B) may use manual tank gauging conducted in accordance with R18-12-243(B) as a sole method for leak detection.

B. Tanks installed after January 1, 2009, shall be monitored for releases at least once every month in accordance with R18-12-243(G).

B C. Owners and operators of petroleum UST systems shall provide release detection for underground piping installed on or before January 1, 2009 so that piping that routinely contains petroleum is monitored for releases in a manner that meets one of the following requirements:

Underground piping that conveys petroleum under pressure shall meet both of the following requirements:

a. Be equipped with an automatic line leak detector which meets the requirements of R18-12-244(A);

b. Have an annual line tightness test conducted in accordance with R18-12-244(B) or have monthly monitoring conducted in accordance with R18-12-244(C).

2. Except as otherwise provided in this subsection, underground piping that conveys petroleum under suction shall either have a line tightness test conducted at least every three years in accordance with R18-12-244(B), or use a monthly monitoring method conducted in accordance with R18-12-244(C) . Release detection is not required for suction piping that is designed and constructed to meet all of the following standards:

a. The below-grade piping operates at less than atmospheric pressure;

b. The below-grade piping is sloped so that the contents of the pipe will drain back into the storage tank if the suction is released;

c. Only one check valve is included in each suction line;

d. The check valve is located directly below and as close as practical to the suction pump and is capable of being inspected;

e. A method is provided that allows compliance with the requirements of subsections (B)(2)(a) through (d) to be readily determined.

D. Piping installed or replaced after January 1, 2009 shall meet one of the following:

Pressurized piping shall be monitored for releases at least every 30 days in accordance with R18-12-243(G) and be equipped with an automatic line leak detector in accordance with R18-12-244(A);

2. Suction piping shall be monitored for releases at least every 30 days in accordance with R18-12-243(G) . No release detection is required for suction piping that meets paragraphs (C)(2)(a) through (e) of this Section.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-242 Release Detection for Hazardous Substance UST Systems

A. Owners and operators of hazardous substance UST systems shall provide containment that meets the following requirements and monitor these systems using R18-12-243(G) at least monthly:

B. Owners and operators of a new hazardous substance UST system shall provide release detection which meets the following requirements:

1. Secondary containment systems shall be designed, constructed, and installed to:

a. Contain regulated substances leaked from the primary containment until they are detected and removed,

b. Prevent the release of regulated substances to the environment at any time during the operational life of the UST system,

c. Be checked for evidence of a release at least monthly.

2. Double-walled tanks shall be designed, constructed, and installed to meet both of the following requirements:

a. Contain a leak from any portion of the inner tank within the outer wall,

b. Detect the failure of the inner wall.

3. External liners, including vaults, shall be designed, constructed, and installed to meet all of the following requirements:

a. Contain 100% of the capacity of the largest UST system within its boundary,

b. Prevent the interference of precipitation or groundwater intrusion with the ability to contain or detect a release of regulated substances,

c. Surround the tank completely so that it is capable of preventing lateral as well as vertical migration of regulated substances.

4. Underground piping shall be equipped with secondary containment that satisfies the requirements of this Section (e.g., trench liners, double-walled pipe). In addition, underground piping that conveys regulated substances under pressure shall be equipped with an automatic line leak detector in accordance with R18-12-244(A).

5. For hazardous substance UST systems installed on or before January 1, 2020, methods of release detection other than those described in subsections (1) through (4) may be used if owners and operators meet all of the following requirements:

a. Demonstrate to the Department that an alternate method can detect a release of the stored substance as effectively as any of the methods allowed in R18-12-243(B) through (I) can detect a release of petroleum;

b. Provide information to the Department on effective corrective action technologies, health risks, and chemical and physical properties of the stored substance, and the characteristics of the UST site;

c. Obtain approval from the Department in writing to use the alternate release detection method before the installation and operation of the UST system.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-243 Methods of Release Detection for Tanks

A. If inventory contro l is used to meet the requirements of R18-12-241, it shall be used in conjunction with tank tightness testing described in subsection (C). Inventory control shall be conducted monthly in accordance with R18-12-281(O) to detect a release of at least 1.0% of flow-through plus 130 gallons on a monthly basis in the following manner:

1. Inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank are recorded each operating day;

2. The equipment used is capable of measuring the level of the regulated substance over the full range of the tank's vertical dimension to the nearest 1/8 of an inch;

3. The regulated substance inputs are reconciled with delivery receipts by measurement of the tank inventory volume before and after delivery;

Deliveries of regulated substances are made through a drop tube that extends to within one foot of the tank bottom;

5. Dispensing of regulated substances is metered and recorded within the standards established by the entity with jurisdiction. If no standards are established, dispensing which meets an accuracy of six cubic inches for every five gallons of regulated substance withdrawn shall be used;

6. The measurement of any water level in the bottom of the tank is made to the nearest 1/8 of an inch at least once a month;

7. Inventory control shall not be utilized as the sole method of release detection.

B. Manual tank gauging used to meet the requirements of R18-12-241 shall meet all of the following requirements:

1. Tank liquid level measurements are taken at the beginning and ending of a period equal to the appropriate minimum duration of test in the table below during which no liquid is added to or removed from the UST system;

2. Level measurements are based on an average of two consecutive stick readings at both the beginning and ending of the period;

3. The equipment used is capable of measuring the level of regulated substance over the full range of the tank's vertical dimension to the nearest 1/8 of an inch;

4. A release is suspected and subject to the requirements of A.R.S. § 49-1004 and the rules promulgated thereunder if the variation between beginning and ending measurements exceeds the weekly or monthly standards in the following table:

| Nominal Tank Capacity | Minimum duration of test | Weekly standard (1 test) | Monthly standard (average of 4 tests) | | --- | --- | --- | --- | | 550 gallons or less | 36 hours | 10 gallons | 5 gallons | | 551-1,000 gallons (when tank diameter is 64 inches) | 44 hours | 9 gallons | 4 gallons | | 551-1,000 gallons (when tank diameter is 48 inches) | 58 hours | 12 gallons | 6 gallons | | 551-1,000 gallons (also requires periodic tank tightness testing) | 36 hours | 13 gallons | 7 gallons | | 1,001-2,000 gallons (also requires periodic tank tightness testing) | 36 hours | 26 gallons | 13 gallons |

Manual tank gauging may be used as the sole method of release detection only for tanks of 550 gallons or less capacity and tanks with a nominal capacity of 551 to 1,000 gallons that meet the tank diameter criteria in the table in subsection (B)(4) of this Section. Manual tank gauging may be used in place of inventory control in subsection (A) for all other tanks of 551 to 2,000 gallons. This method shall not be used to meet the requirements of R18-12-241 for tanks of greater than 2,000 gallons capacity.

C. Tank tightness testing shall be capable of detecting a 0.1 gallon per hour leak rate from any portion of the tank that routinely contains a regulated substance while accounting for the effects of thermal expansion or contraction of the regulated substance, vapor pockets, tank deformation, evaporation or condensation, and the location of the water table.

D. Equipment for automatic tank gauging that tests for the loss of regulated substance and conducts inventory control used to meet the requirements of R18-12-241 shall meet all of the following requirements:

1. The automatic regulated substance level monitor test shall be performed at least monthly and be capable of detecting a 0.2 gallon per hour leak rate from any portion of the tank that routinely contains regulated substance,

2. The automatic tank gauging equipment shall meet the inventory control (or other test of equivalent performance) requirements of subsection (A), and

3. The test shall be performed with the system operating in one of the following modes:

a. In-tank static testing conducted at least once monthly; or

b. Continuous in-tank leak detection operating on an uninterrupted basis or operating within a process that allows the system to gather incremental measurements to determine the leak status of the tank at least once monthly.

E. Testing or monitoring for vapors within the soil gas of the excavation zone used to meet the requirements of R18-12-241 shall be conducted at least monthly and shall meet all of the following requirements:

1. In the UST excavation zone, the site is assessed to ensure that the leak detection method will comply with the requirements in subsections (E)(2) through (6);

2. The leak detection system is constructed and designed so that the number and positioning of monitoring wells will detect releases into the excavation zone from any portion of the system which routinely contains a regulated substance within 30 days from the date of commencement of a release;

3. The stored regulated substance, or a tracer compound placed in the UST system, will produce a vapor level that is detectable by the monitoring devices in the monitoring wells within 30 days from the date of commencement of a release from the UST system;

4. The materials used as backfill will allow diffusion of vapors from releases into the excavation area such that a release is detected within 30 days from the date of commencement of a release from the UST system;

5. The groundwater, rainfall, soil moisture, or other known interferences will not render the measurement of vapors by the monitoring device inoperable so that a release could go undetected by the monitoring devices in the monitoring wells for more than 30 days from the date of commencement of the release from the UST system;

6. The level of background contamination at the site will not interfere with the method used to detect releases from the tank system;

7. The vapor monitors are designed and operated to detect any significant increase in concentration above a documented background level of the regulated substance stored in the tank system, a component or components of that substance, or a volatile tracer compound placed in the tank system;

8. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

F. Testing or monitoring for liquids on the groundwater used to meet the requirements of R18-12-241 shall be conducted monthly and meet the following requirements:

1. Within and immediately below the UST excavation zone, the site is assessed to ensure that the leak detection method will comply with the requirements in subsections (F)(2) through (7);

2. The leak detection system shall be constructed and designed so that the number and positioning of monitoring wells or devices will detect releases into the excavation zone from any portion of the system which routinely contains a regulated substance;

3. The regulated substance stored is immiscible in water and has a specific gravity of less than 1;

4. Groundwater is never more than 20 feet from the ground surface and the hydraulic conductivity of the material between the UST system and the monitoring wells or devices is not less than 0.01 centimeters per second (e.g., the soil should consist of gravels, coarse to medium sands, coarse silts or other permeable materials);

5. Monitoring wells or devices intercept the excavation zone or are as close to it as is technically feasible;

6. The slotted portion of the monitoring well casing shall be designed to prevent migration of natural soils or filter pack into the well and to allow entry of regulated substance on the water table into the well under both high and low ground-water conditions;

7. Monitoring wells shall be sealed from the ground surface to the top of the filter pack;

7 8. The continuous monitoring devices or manual methods used can detect the presence of at least 1/8 of an inch of free product on top of the groundwater in the monitoring wells;

8. Monitoring wells shall be sealed from the ground surface to the top of the filter pack;

9. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

G. Interstitial monitoring between the UST system and a secondary barrier immediately around or beneath it which is used to meet the requirements of R18-12-241 shall be conducted at least monthly and shall be designed, constructed and installed to detect a leak from any portion of the UST system that routinely contains a regulated substance, and shall meet one of the following requirements:

1. For double-walled UST systems, the sampling or testing method shall be able to detect a leak through the inner wall in any portion of the UST system that routinely contains a regulated substance.

2. For UST systems with a secondary barrier within the excavation zone, characteristics of the site and system components shall be designed and constructed to detect a leak between the UST system and the secondary barrier and shall meet all of the following requirements:

a. The secondary barrier around or beneath the UST system shall be constructed of synthetic materials which are sufficiently thick and impermeable to prevent structural weakening of the secondary barrier as a result of contact with any released regulated substance. The rate of permeability shall not exceed 10^-6 centimeters per second for the regulated substance stored. In addition, the secondary barrier shall be capable of directing any leak to the monitoring point and permit its detection;

b. The barrier is compatible with the regulated substance stored so that a leak from the UST system will not cause a deterioration of the barrier allowing a release to pass through undetected;

c. For cathodically protected UST systems, the secondary barrier shall be installed so that it does not interfere with the proper operation of the cathodic protection system;

d. The groundwater, soil moisture, or rainfall will not render the testing or sampling method used inoperative so that a release could go undetected for more than 30 days;

e. The characteristics of the UST site are assessed to ensure that the secondary barrier is always above the groundwater and not in a 25-year flood plain, unless the barrier and monitoring designs are for use under such conditions;

f. Monitoring wells are clearly marked and secured to avoid unauthorized access and tampering.

3. For tanks with an internally fitted liner, an automated device shall be able to detect a leak between the inner wall of the tank and the liner, and the liner shall be compatible with the substance stored.

H. Statistical inventory reconciliation. Release detection methods based on the application of statistical principles to inventory data similar to those described in R18-12-243(A) shall meet the following requirements:

Report a quantitative result with a calculated leak rate;

2. Be capable of detecting a leak rate of 0.2 gallon per hour or a release of 150 gallons within 30 days; and

3. Use a threshold that does not exceed one-half the minimum detectible leak rate.

H I. Any other type of release detection method, or combination of methods, may be used to meet the requirements of R18-12-241 if all of the following requirements are met:

1. The monitoring is conducted at least monthly;

2. The Department determines that the method meets either of the following requirements:

a. The method can detect a 0.2 gallon per hour leak rate or a release of 150 gallons within 30 days with probability of detection and probability of false alarm in accordance with R18-12-240(A)(4);

b. The owner and operator can demonstrate that the method is able to detect a release as effectively as any of the methods allowed in subsections (C) through (H). In comparing methods, the Department shall consider the size of release that the method can detect and the frequency and reliability with which it can be detected. If the method is approved, the owner and operator shall comply with any conditions imposed by the Department on its use to ensure the protection of human health and the environment.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-244 Methods of Release Detection for Piping

A. An automatic line leak detection method for piping used to meet the requirements of R18-12-241 which alerts the operator to the presence of a leak by restricting or shutting off the flow of regulated substances through piping or triggering an audible or visual alarm may be used only if it detects leaks of three gallons per hour, at 10 pounds per square inch line pressure within one hour. An annual test of the operation of the leak detector shall be conducted in accordance with R18-12-240(A)(3);

B. A periodic line tightness test of piping may be used as a method of release detection for piping for the purpose of meeting the requirements of R18-12-241 only if it can detect a 0.1 gallon per hour leak rate, at one and one-half times the operating pressure.

C. Except as described in R18-12-241(A), any of the applicable tank methods described in R18-12-243(E) through (I) may be used as a method of release detection for piping for the purpose of meeting the requirements of R18-12-241 if they are designed to detect a release from any portion of the underground piping that routinely contains regulated substances.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-245 Release Detection Recordkeeping

A. Owners and operators shall maintain records in accordance with R18-12-234 demonstrating compliance with all applicable requirements of R18-12-240 through R18-12-244 . The following records shall be maintained as indicated below:

All written performance claims pertaining to any release detection system used, and the manner in which these claims have been justified or tested by the equipment manufacturer or the installer shall be maintained for five years from the date of installation. Records of site assessments required under R18-12-243(E)(1) and (F)(1) shall be maintained for as long as the methods are used. Records of site assessments shall be signed by a professional engineer or professional geologist, or equivalent licensed professional with experience in environmental engineering, hydrogeology, or other relevant technical discipline acceptable to the Department.

2. Written documentation of all calibration, maintenance, and repair of release detection equipment permanently located on-site shall be maintained for at least one year after the servicing work is completed. The retention period shall start at the date of completion of the servicing work.

B. Any schedules of required calibration and maintenance provided by the release detection equipment manufacturer shall be maintained for at least five years from the date of installation.

C. Except as otherwise provided in subsection (D), the results of any sampling testing, or monitoring shall be maintained for at least one year from the date of receipt by owners and operators of the results.

D. The following are exceptions to subsection (C):

1. The results of annual operation tests conducted in accordance with R18-12-240(A)(3) shall be maintained for three years. At a minimum, the results shall list each component tested, indicate whether each component tested meets criteria in R18-12-240(A)(3) or needs to have action taken, and describe any action taken to correct an issue;

2. Passing results of tank tightness testing conducted in accordance with R18-12-243(C) shall be retained from the date of receipt by owners and operators of the results until the next test is conducted and the results of that test are received;

3. Passing results of tank tightness testing, line tightness testing, and vapor monitoring using a tracer compound placed in the tank system conducted in accordance with R18-12-952 D)(2)(b) shall be retained until the next test is conducted; and

4. Failing results from subsections (D)(2) and (D)(3) above shall be retained for one year after the next test is conducted for which a passing result is received.

E. Results of any monitoring shall be maintained for at least one year from the date of receipt by owners and operators of the monitoring results.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-246 Reserved

Ariz. Admin. Code § R18-12-247 Reserved

Ariz. Admin. Code § R18-12-248 Reserved

Ariz. Admin. Code § R18-12-249 Reserved

Ariz. Admin. Code § R18-12-250 Applicability and Scope

A. Release reporting and corrective action. Except for a release from an UST system excluded by R18-12-210(B), or for the corrective action requirements of R18-12-260 through R18-12-264.01 for a release subject to Subtitle C corrective action requirements in Section 3004(u) of RCRA, as amended, R18-12-250 through R18-12-264.01 apply to a release or suspected release discovered:

1. On or after August 20, 2002; or

2. Before August 20, 2002, but only for those sections of R18-12-250 through R18-12-264.01 with required activities not initiated by August 20, 2002.

B. No supersedence. Nothing in R18-12-250 through R18-12-264.01 supersedes any of the following

1. Immediate reporting to the National Response Center and to the Arizona Emergency Response Commission within the Arizona Department of Environmental Quality, under CERCLA, and SARA Title III;

2. A CAP submitted to the Department under 40 CFR 280.66 before August 20, 2002 and subsequently approved

3. A work plan under the UST Assurance Fund preapproval requirements of Article 6 of this Chapter submitted to the Department before the effective date of this Section and subsequently approved.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-251 Suspected Releases; Secondary Containment Leaks

A. 24 hour notifications. An owner or operator shall notify the Department, within 24 hours of either of the following:

1. Discovery of a suspected release, except for:

1 a. A spill or overfill of 25 gallons or less of petroleum, or a hazardous substance that is less than its reportable quantity under CERCLA, contained and cleaned up within 24 hours, or

2. The conditions described in A.R.S. § 49-1001(16)(b) or (c)(i) exist for 24 hours or less.

b. Monitoring results, including investigation of an alarm, from a release detection method required under R18-12-241, R18-12-242 or R18-12-243(G) that indicate a release may have occurred if one of the following is true:

i. The monitoring device is found to be defective, and is immediately repaired, recalibrated or replaced, and additional monitoring does not confirm the initial result; or

ii. The leak is contained in the secondary containment and:

(1) Except as provided for in R18-12-243(G)(2)(d), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed, and

(2) Any defective system equipment or component is immediately repaired or replaced; or

iii. In the case of inventory control described in R18-8-243(A), a second month of data does not confirm the initial result or the investigation determines no release has occurred; or

iv. The alarm was investigated and determined to be a non-release event (for example, from a power surge or caused by filling the tank during release detection testing).

2. Discovery of liquid in the interstitial space of secondarily contained systems unless the leak is contained in the secondary containment and all of the following are true:

a. The system equipment or component is found not to be releasing regulated substances to the environment;

b. Any defective system equipment or component is immediately repaired or replaced; and

c. For secondarily contained systems, except as provided for in R18-12-243(G)(2)(d), any liquid in the interstitial space not used as part of the interstitial monitoring method (for example, brine filled) is immediately removed.

B. 24 hour notification content. The notification shall identify the:

1. Individual notifying the Department;

2. UST involved and the reason for notifying the Department;

3. Facility involved;

4. Owner and the operator of the UST facility; and

5. Investigation and containment actions taken as of the date of the notification.

C. Requirement to investigate suspected releases. Within 60 calendar days from the suspected release discovery date or the suspected release notification date, whichever is earlier, an owner or operator shall complete the investigation requirements of this subsection and confirm whether the suspected release is a release. The investigation shall include:

1. Tightness tests of the tank and all connected piping meeting the requirements of R18-12-243(C) and R18-12-244(B), or, as appropriate, secondary containment testing as described in R18-12-233(B) . The tests shall determine whether a leak exists in that portion of the tank that routinely contains product, or the attached delivery piping, or whether a breach of either wall of the secondary containment has occurred. Further investigation is required if the results of the tightness tests indicate that the system is either not tight or contaminated media is the basis for suspecting a release.

2. If further investigation is required under subsection (1), a site check meeting the requirements of this subsection shall be performed. The owner or operator shall measure for the presence of a release where contamination is likely to be present and shall consider:

a. The nature of the regulated substance;

b. The type of initial alarm or cause for suspicion;

c. The type of backfill;

d. The depth to groundwater; and

e. Other factors appropriate for identifying the presence and source of the release.

D. Interstice Leak or Release Confirmation. If the testing confirms a leak into the interstice or a release, the owner or operator shall repair, replace, upgrade or close the UST system. In addition, if a release is confirmed, the owner or operator shall notify the Department as required by R18-12-260(A), cease further compliance with this Section, and perform corrective actions under R18-12-260 through R18-12-264.01

E. 14 day report. The owner or operator shall submit a written status report, on a form provided by the Department, within 14 calendar days after the suspected release discovery date or the suspected release notification date, whichever is earlier. If the suspected release is confirmed to be a release within the 14 day period, the 14 day report is satisfied when the report required by R18-12-260(C) is submitted. If known on the date the 14 day report is submitted, an owner or operator shall identify the:

1. UST that is the source of the suspected release;

2. Nature of the suspected release;

3. Regulated substance suspected to be released; and

4. Initial response to the suspected release.

F. 90 day report. If the suspected release is not confirmed to be a release the owner or operator shall submit a written report, on a form provided by the Department, within 90 calendar days after the suspected release discovery date or suspected release notification date, whichever is earlier, showing that the investigation has been completed and a release does not exist. Unless previously submitted, the 90 day report shall identify the:

1. UST suspected to be the source of the release;

2. Nature of the suspected release;

3. Regulated substance suspected to be released;

4. Response to the suspected release;

5. Repair, recalibration, or replacement of a monthly monitoring device described in R18-12-243(D) through (H) or R18-12-244(C), and any repair or replacement of faulty UST system equipment, including any piping, that may have been the cause of the suspected release;

6. Results of any tightness test conducted under subsection (C)(1);

7. Person, if the site check described in subsection (C)(2) was not performed, having direct knowledge of the circumstances of the suspected release who observed contaminated media during the discovery or investigation.

8. Laboratory analytical results on samples collected during the site check described in subsection (C)(2); and

9. Site plan showing the location of the suspected release and site check sample collection locations.

G. Investigation of suspected releases required by the Department. If the Department becomes aware of an on- or off-site impact of a regulated substance, the owner or operator shall be notified and may be required, based on an assessment of site specific information, to perform an investigation under subsection (C). If an investigation is required, the Department shall describe the type of impact and the rationale for its decision that the UST system may be the source of the impact.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-252 Investigation Due to Off-Site Impacts

When required by the Department, owners and operators of UST systems shall follow the procedures in R18-12-250 to determine if the UST system is the source of off-site impacts. These impacts include the discovery of regulated substances (such as the presence of free product or vapors in soils, basements, sewer and utility lines, and nearby surface and drinking waters) that has been observed by the Department or brought to its attention by another party.

History

• Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-253 Reserved

Ariz. Admin. Code § R18-12-254 Reserved

Ariz. Admin. Code § R18-12-255 Reserved

Ariz. Admin. Code § R18-12-256 Reserved

Ariz. Admin. Code § R18-12-257 Reserved

Ariz. Admin. Code § R18-12-258 Reserved

Ariz. Admin. Code § R18-12-259 Reserved

Ariz. Admin. Code § R18-12-260 Release Notification, and Reporting

A. 24 hour release notification. An owner or operator shall notify the Department within 24 hours after the release confirmation date of the following:

1. A release of a regulated substance;

2. A spill or overfill of petroleum that results in a release exceeding 25 gallons, or causes a sheen on nearby surface water;

3. A spill or overfill of petroleum resulting in a release of 25 gallons or less that is not contained and cleaned up within 24 hours;

A spill or overfill of a hazardous substance that equals or exceeds its reportable quantity under CERCLA; and

5. A spill or overfill of a hazardous substance that is less than the reportable quantity under CERCLA, not contained and cleaned up within 24 hours.

B. Release notification information. If known on the date that the 24 hour notification is submitted, an owner or operator shall notify the Department under subsection (A) and shall include the:

1. Individual providing notification;

2. UST involved and the reason for confirming the release;

3. Facility involved;

4. Owner and operator of the facility involved; and

5. Investigations, containment, and corrective actions taken as of the date and time of the notice.

C. 14 day report. An owner or operator shall submit a report, on a form provided by the Department, within 14 calendar days after the release confirmation date. The report shall include:

1. The nature of the release, and the regulated substance and the estimated quantity released;

2. The elapsed time over which the release occurred;

3. A copy of the results of any tightness test, meeting the requirements of R18-12-243(C) or R18-12-244(B), performed to confirm the release;

4. Laboratory analytical results of samples demonstrating the release confirmation; and

5. The initial response and corrective actions taken as of the date of the report and anticipated actions to be taken within the first 90 calendar days after the release confirmation date.

D. An owner or operator shall repair, replace, upgrade, or close the UST system that is the source of the release, as required under this Article and the owner shall notify the Department as required by R18-12-222.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-261 Initial Response, Abatement, and Site Characterization

A. 24 hour initial response. An owner or operator shall begin response actions within 24 hours of the release confirmation date to prevent any further release, and identify and mitigate fire, explosion, and vapor hazards.

B. 60 day initial abatement. An owner or operator shall begin the following initial abatement measures as soon as practicable, but not later than 60 calendar days of the release confirmation date:

1. Removal of as much of the regulated substance from the UST system as is necessary to prevent a further release;

2. Visually inspect for and mitigate further migration of any aboveground and exposed belowground release into surrounding soils and surface water;

3. Continue to monitor and mitigate any fire and safety hazards posed by vapors or free product; and

4. Investigate for the possible presence of free product and, if found, initiate the requirements of R18-12-261.02.

C. Initial site characterization required. An owner or operator shall develop, from readily available sources, initial site characterization information on site-specific geology, hydrology, receptors, potential sources of the contamination, artificial pathways for contaminant migration, and occupancies of the facility and surrounding area. Information on any discovered free product shall be gathered and a site check, meeting the requirements of R18-12-251(C)(3), shall be performed, unless conducted as part of the investigation of a suspected release.

D. 90 day report. An owner or operator shall submit an initial site characterization report to the Department, on a Department provided form, within 90 calendar days after the release confirmation date. The report shall include the:

1. Nature of the release, the regulated substance released, and the estimated quantity of the release;

2. The estimated time period when the release occurred;

3. Initial response and abatement actions described in subsections (A) and (B), and any corrective actions taken as of the date of the submission;

4. Estimated or known site-specific lithology, depth to bedrock, and groundwater depth, flow direction, and quality. The date and source of the information shall be included;

5. Location, use, and identification of all wells registered with Arizona Department of Water Resources, and other wells on and within one-quarter mile of the facility;

6. Location and type of receptors, other than wells, on and within one-quarter mile of the facility;

7. Current occupancy and use of the facility and properties immediately adjacent to the facility;

8. Data on known sewer and utility lines, basements, and other artificial subsurface structures on and immediately adjacent to the facility;

9. Copies of any report of any tightness test meeting the requirements under R18-12-243(C) or R18-12-244(B), performed during the investigation of the suspected release;

10. Laboratory analytical results of samples analyzed and received as of the date of the report;

11. Site plan showing the location of the facility property boundaries, release, sample collections for samples with laboratory analytical results submitted with the report, and identified receptors;

12. Current LUST site classification form described in R18-12-261.01(E);

13. Information on any free product discovered under R18-12-261.02; and

14. Results of any site check required under subsection (C).

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-261.01 LUST Site Classification

A. LUST site analysis. An owner or operator shall determine a LUST site classification by analyzing current and future threats to public health and the environment based on site-specific information known at the time of the determination.

B. LUST site classification factors. The owner or operator shall determine any threats to public health and the environment by addressing the following:

1. Presence and levels of vapors;

2. Presence of free product;

3. Extent of contamination;

4. Type and location of receptor;

5. Impacts and reasonably foreseeable impacts to current and future receptors; and

6. Estimated time between the date of the analysis and the impact to receptors.

C. LUST site classification. An owner or operator shall select a classification for the LUST site from one of the following, based on the analysis performed under subsection (B):

1. Classification 1: immediate threats;

2. Classification 2: short term threats from impacts that are reasonably foreseeable at or within two years;

3. Classification 3: long term threats from impacts that are reasonably foreseeable after two years; or

4. Classification 4: contamination exists, but no demonstrable long term threat has been identified, or information indicates the site cannot be otherwise classified under this subsection.

D. LUST site classification form submission. An owner or operator shall submit to the Department the LUST site classification form described in subsection (E) as required by R18-12-260 through R18-12-264.01, and when LUST site conditions indicate the classification has changed, or if contamination has migrated, or is anticipated to migrate, to a property where the owner or operator does not have access.

E. LUST site classification form contents. An owner or operator shall submit the LUST site classification, on a Department provided form, that includes the following information:

1. Date of preparation;

2. LUST number assigned to the release that is the subject of the classification;

3. The status of corrective action activities on the date that the classification form is submitted;

4. The regulated substance and the estimated volume (in gallons) released, the UST facility identification number from the notification form described in R18-12-222, the component of the UST where the release occurred, and whether the release is a spill or overfill;

5. The factors considered in determining the LUST site classification described in subsection (B);

6. The distance between the identified contamination and each receptor;

7. The estimated time, from the date on the form until impact to a receptor; and

8. The classification of the LUST site.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-261.02 Free Product

A. Free product investigation. An owner or operator shall investigate for free product if site specific information indicates the potential existence for free product, and if discovered, determine its extent.

B. Free product removal. If free product is discovered, the owner or operator shall:

Begin removal as soon as practicable;

2. Remove free product in a manner minimizing the spread of contamination using recovery and disposal techniques based on site-specific hydrologic, geologic, and demographic conditions;

3. Comply with local, state, and federal laws or regulations when treating, discharging, or disposing recovery byproducts;

4. Use abatement of free product migration as a minimum objective for the design of the free product removal system; and

Handle any flammable product in a safe and competent manner to prevent fire and explosion.

C. Forty-five day free product report. If free product is discovered, the owner or operator shall submit a status report, on a Department provided form, within 45 calendar days of free product discovery and with subsequent reports required by the Department. The status report shall contain the following information known at the time of the report:

1. The name of the person(s) responsible for implementing the free product removal measures;

1 2. The estimated quantity, type, extent and thickness of free product observed or measured in wells, boreholes, and excavations;

2 3. A description of free product removal measures taken;

3 4. A description of any discharge that will take place during the recovery operation and where this discharge will be located;

4 5. A description of the type of treatment applied to and the effluent quality expected from any discharge;

6. The steps that have been or are being taken to obtain necessary permits for any discharge; and

7. The disposition of the recovered free product.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-262 LUST Site Investigation

A. Requirement to investigate. The owner or operator shall investigate a release at and from a LUST site to determine the full extent of the release of regulated substances and shall:

1. Determine the full extent of contamination;

2. Identify physical, natural, and artificial features at or surrounding the LUST site that are current or potential pathways for contamination migration;

Identify current or potential receptors; and

4. Obtain any additional data necessary to determine site-specific corrective action standards and to justify the selection of remedial alternatives to be used in responses to contaminated soil, surface water, and groundwater.

B. Completion of investigation activities. The owner or operator shall complete the investigation activities described in subsection (A) and submit the report described in subsection (D) within a time established by the Department.

C. Determining the full extent of contamination. The owner or operator shall determine, within each contaminated medium, the full extent, location, and distribution of concentrations of each chemical of concern stored in the UST over its operational life. The full extent of contamination shall be determined upon receipt of laboratory analytical results delineating the vertical and lateral extent of the contamination.

D. LUST site characterization report. The owner or operator shall submit a report of the information developed during the investigation required in subsection (A), in a format acceptable to the Department. The report shall be submitted within the time established in subsection (B). The report submitted under this subsection shall contain the following minimum information:

1. A site history summary;

2. Information on bedrock, if encountered during the investigation;

3. The hydrologic characteristics and uses of groundwater and surface water of the local area;

4. A concise description of factors considered in determining the full extent of contamination;

5. A concise summary of the results of the investigation including a conceptual site model;

6. A site vicinity map, site location map and a site plan;

7. A tabulation of all field screening and laboratory analytical results and water level data acquired during the investigation;

Laboratory sample analytical and associated quality assurance and quality control reports and chain-of-custody forms;

9. A tabulation of all wells registered with the Arizona Department of Water Resources, and other wells located within one-quarter mile of the facility property boundary;

10. The lithologic logs for all subsurface investigations; and

11. The as-built construction diagram of each well installed as part of this investigation.

E. Conditions for approval of the site characterization report. The Department shall approve the site characterization report if the Department determines it meets the requirements of this Section and A.R.S. § 49-1005, and contains the information required by subsection (D), or if the Department has enough information to make an informed decision to approve the report.

F. Notice of decision. The Department shall determine if the conditions in subsection (E) are or are not satisfied and either approve or not approve the report and notify the owner or operator in writing. The notification shall include any conditions on which the approval or non-approval is based and an explanation of the process for resolving disagreements under A.R.S. § 49-1091.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-263 Remedial Response

A. Remedial response not required. An owner or operator shall comply with R18-12-263.03 for LUST case closure when contaminant concentrations in each contaminated medium, at the point of compliance, are documented to be at or below the corrective action standard under R18-12-263.01(A)(1).

B. Remedial response required. The owner or operator shall remediate contamination at and from the LUST site as required by this Section. Remediation activities shall continue until:

1. Contaminant concentration of any chemical of concern, in each contaminated medium, at the point of compliance, is documented to be at or below the corrective action standard determined in R18-12-263.01;

2. The requirements for LUST case closure in R18-12-263.03 are completed and approved by the Department; or

The requirements for groundwater LUST case closure in R18-12-263.04 are met and approved by the Department.

C. Remedial responses that may require a CAP. The Department may request the owner or operator, or the owner or operator may voluntarily submit a CAP, meeting the requirements of this Section, any time after submission of the report in R18-12-261(D) . If a CAP is requested, it shall be submitted within 120 calendar days of the owner or operator's receipt of the request, or a longer period of time established by the Department. The Department may request a CAP based on the following:

1. Soil or groundwater contamination extends, or has potential to extend, off the facility property and the LUST site is classification 3 in R18-12-261.01(C);

2. Free product extends off the facility property; and

3. Site-specific conditions indicate a potential level of threat to public health and the environment that is equal to or exceeds the threat in subsections (1) and (2). In determining the extent of threat to public health and the environment, the Department shall consider:

a. The nature of the regulated substance and the location, volume, and distribution of concentrations of chemicals of concern in soil, surface water, and groundwater;

b. The presence and location of known receptors potentially impacted by the release; and

c. The presence of complete exposure pathways.

D. Remedial responses that require a CAP. At any time after Department approval of the report described in R18-12-261(D), the Department shall request that the owner or operator submit a CAP meeting the requirements of this Section within 120 calendar days, or a longer period of time established by the Department, if any of the following exist:

1. The LUST site is classification 1 or 2 in R18-12-261.01(C);

2. The owner or operator proposes a corrective action standard for groundwater or surface water under a Tier 2 or Tier 3 evaluation, described in R18-12-263.01;

3. The owner or operator proposes a corrective action standard for soil under a Tier 3 evaluation, and the point of compliance extends beyond a facility property boundary; or

4. The intended response or remediation technology involves discharge of a pollutant either directly to an aquifer or the land surface or the vadose zone. For purposes of this subsection, the term pollutant has the definition at A.R.S. § 49-201.

E. Determination of remediation response. The owner or operator shall choose a remediation technology based on the corrective action requirements of A.R.S. § 49-1005(D) and (E), and the following:

1. Local, state, and federal requirements associated with the technology;

Reduction of toxicity, mobility, or volume;

3. Long-term effectiveness and permanence;

4. Short-term effectiveness; and

5. Ability to implement the corrective action standard for each chemical of concern, in each contaminated medium, including considering the results presented in the site characterization report, ease of initiation, operation and maintenance of the technology, and public response to any contamination residual to or resulting from the technology.

F. On-site derived waste. Nothing in this subsection shall supersede more stringent requirements for storage, treatment, or disposal of on-site derived waste imposed by local, state or federal governments. An owner or operator meeting the requirements of this subsection is deemed to have met the exemption provisions in the definition of solid waste at A.R.S. § 49-701.01 for petroleum contaminated soil stored or treated on-site. The owner or operator shall prevent and remedy hazards posed by derived waste resulting from investigation or response activities under this Article and shall.

1. Contain on-site derived waste in a manner preventing the migration of contaminants into subsurface soil, surface water, or groundwater throughout the time the derived waste remains on-site, and shall:

a. Restrict access to contaminated areas by unauthorized persons; and

b. Maintain the integrity of any containment system during placement, storage, treatment, or removal of the derived waste;

2. Label on-site derived waste stored or treated in stockpiles, drums, tanks, or other vessels in a manner consistent with A.R.S. Title 49, Chapter 4, Article 9 and the rules made under that Article; and

Treat on-site derived waste to the applicable corrective action standard in R18-12-263.01 if the derived waste is to be returned to the on-site subsurface.

G. Periodic site status report. After approval of the site characterization report, the owner or operator shall submit a site status report, on a form provided by the Department, based on site-specific conditions. The report shall be submitted as requested by the Department, or by the time requested in the CAP under R18-12-263.02 . The owner or operator shall continue to submit a site status report until the Department approves a LUST case closure report under R18-12-263.03(F)(1) . The report shall:

1. Identify each type of remedial corrective action technology being employed;

2. Provide the date each remedial corrective action technology became operational;

3. Provide the results of monitoring and laboratory analysis of collected samples for each contaminated medium received since the last report was submitted to the Department;

4. Provide a site plan that shows the current location of the components of any installed remediation technology including monitoring and sample collection locations for data collected and reported in subsection (G)(3);

5. Estimate the amount of time that must pass until response activities, including remediation and verification monitoring, will demonstrate that the concentration of each chemical of concern is at or below the corrective action standard determined for that chemical of concern in the specific contaminated medium; and

6. Provide the current LUST site classification form described in R18-12-261.01(E).

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-263.01 Risk-based Corrective Action Standards

A. Conducting risk-based tier evaluation and proposing the applicable corrective action standard. The owner or operator shall propose and document, as described in subsection (B), each applicable risk-based corrective action standard, using the procedures of this subsection. The owner or operator shall ensure that each corrective action standard meets the corrective action requirements of A.R.S. § 49-1005(D) and (E), and is consistent with soil remediation standards and restrictions on property use in A.R.S. Title 49, Chapter 1, Article 4 and the rules made under each. In determining the proposed corrective action standard, the owner or operator shall first perform a Tier 1 evaluation. The owner or operator may subsequently perform progressively more site-specific, risk-based tier evaluations (Tier 2 or Tier 3) after considering the comparative differences in input parameters, the cost effectiveness in conducting both the additional evaluation and remediation to the next tier corrective action standard, and the cumulative estimate of risk to public health and the environment.

1. For a Tier 1 evaluation, the owner or operator shall:

a. Base assumptions on conservative scenarios where all potential receptors are exposed to the maximum concentration of each chemical of concern in each contaminated medium detected in contamination at and from the LUST site;

b. Assume that all exposure pathways are complete;

c. Use the assumed point of exposure at the source or the location of the maximum concentration as the point of compliance;

d. Compare the maximum concentration of each chemical of concern in each contaminated medium at the point of compliance with the applicable Tier 1 corrective action standard in subsections (A)(1)(e) through (A)(1)(j);

e. For soil, use the applicable corrective action standard in R18-7-203(A)(1) and (2) and (B);

f. For surface water, use the applicable corrective action standard in R18-11-112 or Appendix A (18 A.A.C. 11, Article 1);

g. For groundwater, use the applicable corrective action standard in R18-11-406;

h. For contaminated groundwater that is demonstrated to discharge or potentially discharge to surface water, use the applicable corrective action standard in R18-11-108, R18-11-112, or Appendix A (18 A.A.C. 11, Article 1);

i. If a receptor is or has the potential to be impacted, for those chemicals of concern in soil or surface water with no numeric standard established in rule or statute, use a corrective action standard consistent with R18-7-206 or R18-11-108, as applicable, using updated, peer-reviewed scientific data applying those equations and methodologies used to formulate the numeric standards established in R18-7-203(A)(2) or Appendix A (18 A.A.C. 11, Article 1), or for leachability and protection of the environment, a concentration determined on the basis of methods approved by the Department; and

j. If a public or private water supply well is or has the potential to be impacted, for those chemicals of concern in groundwater with no numeric water quality standard established in rule or statute, use a corrective action standard consistent with R18-11-405, using updated, peer-reviewed scientific data applying those equations and methodologies used to formulate the numeric standards established in R18-11-406.

2. For a Tier 2 evaluation the owner or operator shall:

a. Apply site-specific data to the same equations used to develop the Tier 1 corrective action standard, or, in the case of volatilization from subsurface soil, a Department-approved equation that accounts for the depth of contamination;

b. For those chemicals of concern with no numeric standard established in statute or rule, use a corrective action standard based on updated, peer-reviewed scientific data, and provided through environmental regulatory agencies and scientific organizations;

c. Use Department-approved values for equation parameters, if the values are different than those used in Tier 1 or not obtained through site-specific data;

d. Eliminate exposure pathways that are incomplete due to site-specific conditions, or institutional or engineering controls, from continued evaluation in this tier;

e. Use as the point of compliance a location between the source and the point of exposure for the nearest known or potential on-site receptor, or the nearest downgradient facility property boundary, whichever is the nearest to the source;

f. Use representative concentrations of chemicals of concern that are the lesser of the 95% upper confidence level or maximum concentration in the contaminated medium at the point of compliance;

g. Use as the Tier 2 corrective action standard, a concentration determined under subsections (A)(2)(a) through (A)(2)(c), R18-7-206, R18-11-108, and R18-11-405; and

h. Compare the representative concentration of each chemical of concern, in each contaminated medium, at the point of compliance with the proposed Tier 2 corrective action standard, to determine if remediation is required.

3. For a Tier 3 evaluation the owner or operator shall:

a. Apply more site-specific data than required in the development of Tier 2 corrective action standards in alternative and more sophisticated equations appropriate to site-specific conditions. The owner or operator shall use equations and methodology of general consensus within the scientific community that is published in peer-reviewed professional journals, publications of standards, and other literature;

b. Use the nearest known or potential receptor as the point of exposure;

c. Use as the point of compliance the point of exposure or some location between the source and the point of exposure, regardless of the facility boundary;

d. Use representative concentrations that are the actual or modeled concentrations in the medium of concern at the point of compliance;

e. Use as the Tier 3 corrective action standard a concentration consistent with subsections (A)(3)(a) through (A)(3)(d);

f. Compare the representative concentration of each chemical of concern in each contaminated medium at the point of compliance with the Tier 3 corrective action standard to determine if remediation is required; and

g. Choose the remedial action upon completion of the Tier 3 evaluation that will result in concentrations of chemicals of concern presenting a hazard index no greater than 1 and a cumulative excess lifetime cancer risk between 1 x 10-6 and 1 x 10-4.

4. All risk-based corrective action standards proposed under the tier evaluations in subsections (A)(1) through (3) are based on achieving similar levels of protection of public health and the environment. For Tier 2 and Tier 3 evaluations, a cumulative risk assessment is warranted if multiple pathways of exposure are present, or reasonably anticipated, and one or more of the following conditions impacts or may impact current or future receptors:

a. More than 10 carcinogens are identified;

b. More than one class A carcinogen is identified;

c. Any non-carcinogen has a hazard quotient exceeding 1/nth of the hazard index of 1, where n represents the total number of non-carcinogens identified; or

d. More than 10 non-carcinogens are identified.

B. Documentation of tier evaluation. The owner or operator shall document each tier evaluation performed in response to contaminated soil, surface water and groundwater. The owner or operator shall prepare each evaluation using a Department provided format and complying with this subsection.

1. For a Tier 1 evaluation the owner or operator shall provide the following information:

a. Each chemical of concern detected in the contamination at and from the LUST site;

b. Each medium contaminated, identified as soil, surface water, or groundwater;

c. The maximum concentration of each chemical of concern for each contaminated medium.

d. The current and future use of the facility and surrounding properties;

e. Each receptor evaluated;

f. The Tier 1 corrective action standard for each chemical of concern for each contaminated medium; and

g. The proposed corrective actions for each chemical of concern that exceeds the Tier 1 corrective action standard.

2. For the Tier 2 evaluation the owner or operator shall provide the following information:

a. Each chemical of concern evaluated;

b. Each medium contaminated, identified as surficial soil, subsurface soil, surface water, or groundwater;

c. The representative concentration of each chemical of concern for each contaminated medium;

d. A detailed description of the current and future use of the facility and surrounding properties;

e. The point of exposure;

f. The point of compliance;

g. The revised conceptual site model;

h. Parameters necessary to utilize the leachability equations, if groundwater is or may be impacted by the release, published in federal and state peer-reviewed professional journals, publications of standards, or other literature accepted within the scientific community;

i. Identification and justification for alternate assumptions or site-specific information used in place of the default assumptions of the Tier 1 evaluation, or used in a Department-approved model under subsection (A)(2) for subsurface volatilization;

j. Any supporting calculations and reference citations used in the development of Tier 2 corrective action standards;.

k. A table of the calculated Tier 2 corrective action standards;

l. A description of any institutional or engineering controls to be implemented; and

m. Proposed corrective actions for chemical of concerns that exceeds a Tier 2 corrective action standard.

3. For the Tier 3 evaluation the owner or operator shall provide the following information:

a. Each chemical of concern evaluated;

b. Each medium contaminated, identified as surficial soil, subsurface soil, surface water, or groundwater;

c. The representative concentration of each chemical of concern for each contaminated medium;

d. A detailed description of the current and future use of the facility and surrounding properties, including a demonstration of the current and foreseeable use of groundwater within one-quarter mile of the source;

e. The point of exposure;

f. The point of compliance;

g. A revised conceptual site model;

h. Identification and justification for alternate assumptions, methodology or site-specific information used in place of the assumptions for the Tier 2 evaluation;

i. Any supporting calculations and reference citations used in the development of Tier 3 corrective action standards;

j. Results and validation of modeling for soil leaching, groundwater plume migration, and surface water hydrology;

k. A table of the calculated Tier 3 corrective action standards;

l. Risk characterization, and cumulative lifetime excess cancer risk, and hazard index for current and potential receptors for all chemicals of concern in all contaminated media;

m. A description of any institutional or engineering controls to be implemented; and

n. Proposed corrective actions for chemical of concern that exceeds a Tier 3 corrective action standard.

4. When a Tier 2 or Tier 3 evaluation relies on the use of an institutional or engineering control in establishing a corrective action standard, the owner or operator shall:

a. Demonstrate that the institutional or engineering control is legal, and technically and administratively feasible;

b. Record any institutional or engineering control with the deed for all properties impacted by the release;

c. Communicate the terms of the institutional or engineering control to current and future lessees of the property, and to those parties with rights of access to the property; and

d. Ensure that the terms of the institutional or engineering control be maintained throughout any future property transactions until concentrations of chemicals of concern meet a corrective action standard at the point of compliance that does not rely on the use of the institutional or engineering control. For the institutional or engineering control to be implemented, the owner or operator shall prepare an institutional or engineering control that includes the following, as appropriate:

i. Chemicals of concern;

ii. Representative concentrations of the chemicals of concern;

iii. Any Tier 2 or Tier 3 corrective action standard;

iv. Exposure pathways that are eliminated;

v. Reduction in magnitude or duration of exposures to chemicals of concern;

vi. The cumulative excess lifetime cancer risk and hazard index if determined under subsection (A)(4);

vii. A brief description of the institutional or engineering control;

viii. Any activity or use limitation for the site;

ix. The person responsible for maintaining the institutional or engineering control;

x. Performance standards;

xi. Operation and maintenance plans;

xii. Provisions for removal of the institutional or engineering control if the owner or operator demonstrates that representative concentrations of chemicals of concern comply with an alternative corrective action standard not dependent on the institutional or engineering control; and

xiii. A statement of intent that informs lessees and parties with rights of access of the terms described in subsections (B)(4)(d)(i) through (xii).

C. Submittal of tier evaluation. The owner or operator shall submit to the Department the tier evaluation conducted under subsection (A) and provide, in accordance with subsection (B), the following:

1. Documentation of the Tier 1 evaluation with the site characterization report described in R18-12-262(D), and

2. Documentation of the Tier 2 evaluation as soon as practicable during the course of conducting risk-based responses to contamination, as a stand alone document or in conjunction with one of the following:

a. The site characterization report described in R18-12-262(D);

b. The CAP as described in R18-12-263.02(B); or

c. The corrective action completion report described in R18-12-263.03(D).

3. Documentation of the Tier 3 evaluation shall be submitted to the Department as soon as practicable during the course of conducting risk-based responses to contamination, as a stand alone document or in conjunction with the CAP described in R18-12-263.02(B).

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3).

Ariz. Admin. Code § R18-12-263.02 Corrective Action Plan

A. When required under R18-12-263(C) or (D), an owner or operator shall prepare a CAP that protects public health and the environment. The Department shall apply the following factors to determine if the CAP protects public health and the environment:

1. The physical and chemical characteristics of the chemicals of concern, including toxicity, persistence, and potential for migration;

2. The hydrologic and geologic characteristics of the facility and the surrounding area;

3. The proximity, quality, and current and future uses of nearby groundwater and nearby surface water;

4. The potential effects of residual contamination on nearby groundwater and nearby surface water;

5. The risk characterization for current and potential receptors; and

6. Any information gathered in accordance with R18-12-251 through R18-12-263.03.

B. CAP contents. An owner or operator shall prepare a CAP in a format provided by the Department that includes:

1. The extent of contamination known at the time of the CAP submission, including a current LUST site classification form, as described in R18-12-261.01(E);

2. A description of any responses to soil, surface water, or groundwater contamination initiated;

3. A determination of the foreseeable and most beneficial use of surface water or groundwater within one-quarter mile of the outermost boundaries of the contaminated water, if a Tier 2 or Tier 3 evaluation is used for the corrective action standard for either medium. In making this determination the owner or operator shall:

a. Conduct a survey of property owners and other persons using or having rights to use water within one-quarter mile of the outermost extent of contaminated water; and

b. Include within the CAP the names and addresses of persons surveyed and the results;

4. A description of goals and expected results;

5. The corrective action standard for each chemical of concern in each affected medium, and the tier evaluation documents;

6. If active remedial methodologies are proposed the owner or operator shall:

a. Describe any permits required for the operation of each remediation technology and system.

b. Describe, in narrative form, the conceptual design, operation, and total estimated cost of three remedial alternatives proposed to perform corrective actions on contaminated soil, surface water or groundwater. Also include data and conclusions supporting the selection and design of each technology and system, including criteria for evaluation of effectiveness in meeting stated objectives and an abandonment plan. The information described in this subsection is not required if the remedial technology in the CAP is limited to approval of corrective action standards developed under Tier 2 or Tier 3 evaluation.

c. Justify the selection of the remedial alternative chosen for the contamination at and from the LUST site. The owner or operator shall consider site-specific conditions and select a remedial alternative that best meets all of the remediation criteria listed in A.R.S. § 49-1005(D).

d. Provide schedules for the implementation, operation, and demobilization of any remediation technology and periodic reports as described in R18-12-263(G) to the Department.

7. The reasonably foreseeable effects of residual contamination on groundwater and surface water.

8. Additional information necessary to analyze the site-specific conditions and effectiveness of the proposed remedial response, which may include, but is not limited to a feasibility study.

C. Modification of CAP. The owner or operator shall modify the CAP upon written request of the Department to meet the requirements of subsections (A) and (B). The request for modification shall describe any necessary modification and its rationale. The owner or operator shall respond to the request in writing within 45 calendar days of receipt, or a longer time period approved by the Department. If the requested modification is not made within 45 days, the Department shall disapprove the CAP, and notify the owner or operator in writing under subsection (H)(2).

D. Preliminary CAP approval. If the requirements of subsections (B) and (C) are met, the Department shall provide written notice to the owner or operator that the CAP is complete, and provide public notice required by R18-12-264.01.

E. Implementation before approval. An owner or operator may, in the interest of minimizing environmental contamination and promoting more effective remediation, begin implementation of the remediation technologies, in the CAP, before the plan is approved by the Department, if the owner or operator:

1. Informs the Department in writing before implementation;

2. Complies with any conditions imposed by the Department consistent with the provisions of subsection (A), including halting any activity or mitigating adverse consequences from implementation; and

3. Obtains all necessary permits and approvals for the remediation activities.

F. Modification due to public comment. An owner or operator shall modify the CAP upon written request of the Department that modification is required because of public comment received. The request shall describe any necessary modification and its rationale. The owner or operator shall respond to the modification request within 45 calendar days after receipt. If the requested modification is not made in writing within 45 days, the Department may disapprove the CAP and notify the owner or operator in writing described in subsection (H)(2).

G. Conditions for CAP approval. The Department shall approve a CAP only if the following conditions are met:

1. The CAP contains all elements required in subsections (B), (C), and (F), or the Department makes a determination that it has enough information to make an informed decision to approve the CAP; and

2. The CAP demonstrates that the corrective actions described are necessary, reasonable, cost-effective, technically feasible and meet the requirements of A.R.S. § 49-1005.

H. Notice of CAP approval. The Department shall notify the owner or operator, and any person that comments on the CAP, in writing that it is approving or disapproving the CAP as follows:

1. If the conditions in subsections (G)(1) and (G)(2) are satisfied, the Department shall approve the CAP and notify the owner or operator. If the approved CAP includes a corrective action standard for water that is based on a Tier 2 or Tier 3 evaluation, the Department shall send a copy of the notice to the Arizona Department of Water Resources, the applicable county, and municipality where the CAP will be implemented, and water service providers and persons having water rights that may be impacted by the release. The notice shall also be sent to any persons submitting written or oral comments on the proposed CAP. The notice shall include any conditions upon which the approval is based and an explanation of the process for resolving disagreements over the determination under A.R.S. § 49-1091.

2. If the conditions of subsections (G)(1) or (2) are not satisfied, the Department shall disapprove the CAP and notify the owner or operator in writing of the disapproval. The Department shall send the notice to any persons submitting written or oral comments on the proposed CAP. The notice shall include an explanation of the rationale for the disapproval and an explanation of the process for resolving disagreements under A.R.S. § 49-1091.

I. CAP implementation. If the CAP is approved, the owner or operator shall begin implementation in accordance with the approved schedule.

J. CAP termination. The Department may terminate an implemented CAP, and may require a new CAP if the corrective action standards of the approved CAP are not being achieved. The Department shall provide notice to the owner or operator and the public under R18-12-264.01 if termination of the CAP is being considered.

K. Revisions to an approved CAP. The Department may approve revisions to an approved CAP without additional public notice unless the revision involves alternative remediation methodologies, or may adversely affect public health or the environment.

L. New CAP. The Department shall require a new CAP under R18-12-263(C) or (D) if a revision involves an alternative remediation methodology or may adversely affect public health or the environment.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-263.03 LUST Case Closure

A. LUST case closure request. An owner or operator requesting LUST case closure by the Department shall do so in writing, and submit a corrective action completion report that meets the requirements of this Section. The owner or operator shall submit the request for LUST case closure only after the site investigation requirements in R18-12-261 and R18-12-262, and any remedial response required by R18-12-263 are satisfied.

B. Verification that corrective action standard is met. The owner or operator shall verify that the corrective action standard for each chemical of concern in each contaminated medium is met, and provide documentation of the verification described in subsection (D).

C. Method of water quality verification. If LUST site investigations indicate that water quality was threatened or impacted, the owner or operator shall use an appropriate method of water quality verification. The owner or operator shall provide documentation that contaminant concentrations are at or below the corrective action standard for each chemical of concern in the contaminated groundwater and surface water. In selecting a method of water quality verification, the owner or operator shall consider:

Site-specific hydrologic conditions;

2. The full extent of water contamination, as documented in the site characterization report required by R18-12-262; and

3. The existence and location of known receptors that are or may be impacted by the release.

D. Contents of corrective action completion report. The owner or operator shall include the following information in the corrective action completion report, except that identical information previously submitted to the Department is not required to be resubmitted if the name, date, and applicable page(s) of any previous report containing the information required by this subsection is provided:

1. A description of the vertical and lateral extent of contamination;

2. A statement of the corrective action standard for each chemical of concern in each contaminated medium and the evaluation described in R18-12-263.01(B) for each tier evaluated;

3. A list of remediation technologies used to reach the corrective action standard;

4. Documentation verifying that the corrective action standard for each chemical of concern, in each medium of concern, has been met. Verification is not required if an initial investigation regarding soil, surface water, or groundwater described in R18-12-262 demonstrates the corrective action standard for each chemical of concern in each medium of concern has been met;

5. All sample collection locations shall be shown for both the site investigation described in R18-12-262 and the LUST case closure verification described in this Section;

6. Verification that Arizona Department of Water Resources permitted monitor wells, recovery wells, or vapor extraction wells that are abandoned before submission of the LUST case closure request, have been abandoned as required under A.A.C. R12-15-816 and that recovery wells or vapor extraction wells without Arizona Department of Water Resources permits have been abandoned in a manner that ensures that the well will not provide a pathway for contaminant migration;

7. Documentation showing compliance with the requirements for the storage, treatment, or disposal of any derived waste in R18-12-263(F);

8. Documentation showing any institutional or engineering controls that have been implemented, and any legal mechanisms that have been put in place to ensure that the institutional or engineering controls will be maintained;

9. The current LUST site classification form in R18-12-261.01(E); and

10. Any additional information the owner or operator determines is necessary to verify that the LUST case is eligible for closure under this Section.

E. Conditions for approval of LUST case closure. The Department shall inform the owner or operator that a corrective action completion report is approved if it meets the requirements of this Section and A.R.S. § 49-1005, and contains all of the information in subsection (D), or the Department determines that it has enough information to make an informed decision to approve the report and close the LUST case file.

F. Notice of LUST case closure decision. The Department shall provide written notice to the owner or operator that the corrective action completion report either does or does not comply with the requirements of this Section, and that case closure is approved or denied. LUST case closure occurs as follows:

1. If the Department determines that the conditions in subsection (E) are satisfied, the Department shall approve the report, close the LUST case, and notify the owner or operator. The notification shall include any conditions upon which the approval is based and explain the process for resolving disagreements provided by A.R.S. § 49-1091; or

2. If the Department determines that the conditions in subsection (E) are not satisfied, the Department shall disapprove the report and notify the owner or operator. The notification shall include any conditions upon which the disapproval is based and explain the process for resolving disagreements under A.R.S. § 49-1091.

G. Change in foreseeable or most beneficial use of water. If the Department is notified of a change in the foreseeable or most beneficial use of water, documented under a Tier 2 or Tier 3 evaluation, the Department may reopen the LUST case file and require the owner or operator to perform additional corrective actions as necessary to meet the requirements of R18-12-261 through R18-12-264.01.

H. Subsequent discovery of contamination. If evidence of previously undocumented contamination is discovered at or emanating from the LUST site, the Department may reopen the LUST case file based on an assessment of site specific information and require an owner or operator to perform additional corrective actions necessary to comply with the requirements of R18-12-261 through R18-12-264.01.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-263.04 Groundwater LUST Case Closures

A. Applicability. Pursuant to A.R.S. § 49-1005(E), the Director may approve a corrective action that may result in aquifer water quality exceeding aquifer water quality standards established under A.R.S. § 49-223 after completion of the corrective action, if, in addition to complying with the other corrective action requirements in this Article, the corrective action:

1. Includes a Tier 2 or Tier 3 evaluation performed in accordance with R18-12-263.01(A)(2) or (3), and (4); or

2. Complies with the process described in subsections (B) through (F).

B. Site-specific requirements. The Director may approve LUST case closure where there is an exceedance of an aquifer water quality standard without requiring the placement of institutional controls on the deeds of all properties affected by the groundwater contamination related to the UST release, after consideration of the following:

1. Characterization of the groundwater plume,

2. Removal or control of the source of contamination,

Groundwater plume stability,

Natural attenuation,

5. Threatened or impacted drinking water wells,

6. Other exposure pathways,

7. Requirements of A.R.S. § 49-1005(D) and (E), and

8. Other information that is pertinent to the LUST case closure approval.

C. Public notice. If, after consideration of the criteria specified in subsection (B), the Department determines that the LUST site is eligible for LUST case closure, the Department shall provide public notice in accordance with R18-12-264.01.

D. Conditions for approval of LUST case closure. After consideration of comments obtained through the public notice process, the Department shall evaluate whether the LUST case meets the requirements of this Section and A.R.S. § 49-1005; and determine if the LUST case closure can be approved.

E. Notice of LUST case closure decision. The Department shall provide written notice to the owner or operator and any commenter whether the LUST case closure is approved or denied.

F. Future corrective actions. Subsequent to LUST case closure, if the Department becomes aware of site-specific conditions that warrant additional corrective actions, the LUST case file may be re-opened. Future corrective actions shall be performed as follows:

1. If a no further action letter has not been issued for the release or has been rescinded, the UST owner or operator shall perform additional corrective actions necessary to comply with the requirements of R18-12-261 through R18-12-264.01; or

2. If a no further action letter issued by the Department is in effect, the additional corrective actions shall be performed by the Department in accordance with A.R.S. § 49-1017.

History

• New Section made by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-264 General Reporting Requirements

A. Standard first page. An owner or operator making a written submission to the Department under R18-12-251 through R18-12-263.04 shall prepare a cover page, on a Department provided form, that contains the following:

1. The name, address, and daytime telephone number of the person responsible for submitting the document, identified as owner, operator, a political subdivision under A.R.S. § 49-1053(F), or other person notifying the Department of a release or suspected release or conducting corrective actions under A.R.S. § 49-1016(C)(2) or (4), and any identifying number assigned to the person by the Department;

Identification of the type of document or request being submitted;

3. The LUST number assigned by the Department to the release that is the subject of the document. If no LUST number is assigned, the date the release or suspected release was reported to the Department;

4. The name and address of the facility, and the facility identification number;

5. The name, address, daytime telephone number, and any identification number assigned by the Department of the owner and operator and the owner of the property that contains LUST; and

6. A certification statement signed by the owner or operator or the person conducting the corrective actions under A.R.S. § 49-1016(C) that reads: "I hereby certify, under penalty of law, that this submittal and all attachments are, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of a fine and imprisonment for knowing violations."

B. Professional registration requirements. The registered professional engineer or geologist submitting a written report to the Department under R18-12-260 through R18-12-263.03 and the report shall meet the requirements of the Arizona Board of Technical Registration under A.R.S. Title 32, Chapter 1 and the rules made under that Chapter.

C. Certified remediation specialist. If the contaminated medium is limited to soil and involves only a Tier 1 or Tier 2 evaluation, an owner or operator may request that the Department accept, without review for completeness or deficiencies, a site characterization report described in R18-12-262(D) or corrective action completion report described in R18-12-263.03(D), signed by a certified remediation specialist meeting the requirements of (B). The Department may audit up to 25% of the documents submitted annually under this subsection. The Department shall select documents to be audited at random, unless the Department receives a written request to review a specific document. The Department shall review the audited document to determine whether it complies with R18-12-262 or R18-12-263.03 . The Department shall approve the document based solely on the seal and signature of the certified remediation specialist, if the following certification is signed and notarized by both the certified remediation specialist and the owner or operator. The language of the certification shall be as follows:

"I hereby certify that I have reviewed the attached report on the underground storage tank (UST) release(s) reported to the Arizona Department of Environmental Quality and have determined that all requirements of A.R.S. § 49-1005 and the rules made under that Section have been met. I request approval of this report as submitted. I agree to indemnify and hold harmless the state of Arizona, the Department of Environmental Quality, and their officers, directors, agents or employees from and against all claims, damages, losses, attorneys' fees, and expenses, arising out of Departmental acceptance of this report based solely on my signature and seal as a certified remediation specialist, including, but not limited to, bodily injury, sickness, disease or injury to or destruction of tangible property, including any loss of use therefrom caused in whole or in part by any negligent act or omission of mine as a certified remediation specialist, any subcontractor, anyone directly or indirectly employed by me or any subcontractor, or anyone for whose acts I or any subcontractor may be liable, regardless of whether or not caused in part by a party indemnified by this certification."

D. Department approval and liability waiver. The owner or operator shall be notified by the Department that the acceptance of a document complying with subsection (C) is based solely on the notarized statement of the certified remediation specialist, without Department review, and that no liability, associated with the acceptance, accrues to the state.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-264.01 Public Participation

A. Public notice. If public notice is required by A.R.S. § 49-1005, or this Article, the Department shall provide a minimum of 30 calendar days notice to the public regarding a public comment period. The Department shall use one or more methods of public notice designed to reach those members of the public directly affected by the release and the planned corrective actions, which may include, but is not limited to the following: publication in a newspaper of general circulation, posting at the facility, mailing a notice to applicable persons, or posting on the Department's internet site. At a minimum, the notice shall be sent to the following applicable persons:

The UST owner and operator;

Owners of property and other parties directly affected or potentially directly affected by contamination from the release, corrective actions, or LUST case closure;

3. The Arizona Department of Water Resources;

4. The applicable county and municipality; and

5. Water service providers and persons having water rights that may be impacted by the release.

B. Public notice contents. The Department shall provide notice to the public that includes all of the following:

1. The name of the document that is available for public comment;

2. The facility where the release occurred and the site of the proposed corrective actions, or LUST case closure in accordance with R18-12-263.04.

3. If the document is a CAP, the date the CAP was submitted to the Department, and name of the person who submitted the CAP;

4. A specific explanation if a corrective action standard for water is based on a Tier 2 or Tier 3 evaluation;

5. The location where a copy of the document can be viewed by the public;

6. An explanation that any comments on the document shall be sent to the Underground Storage Tank Program of the Department within the time-frame specified in the notice; and

7. The public meeting provisions of subsection (C).

C. Public meeting. The Department may hold a public meeting to receive comments on a document undergoing public review. If the Department holds a public meeting, the Department shall schedule the meeting and notify the public, in accordance with subsection (A), of the meeting time and location.

History

• New Section made by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-265 Reserved

Ariz. Admin. Code § R18-12-266 Reserved

Ariz. Admin. Code § R18-12-267 Reserved

Ariz. Admin. Code § R18-12-268 Reserved

Ariz. Admin. Code § R18-12-269 Reserved

Ariz. Admin. Code § R18-12-270 Temporary Closure

A. Owners and operators shall notify the Department in accordance with R18-12-222(G) within 30 days of the date that an UST system is temporarily closed, and within 30 days of a temporarily closed system brought back into operation.

B. Owners and operators of a temporarily closed UST system shall continue operation and maintenance of corrosion protection in accordance with R18-12-231, and release detection in accordance with R18-12-240 through R18-12-245 . Discovery of a release or suspected release shall be subject to the provisions of R18-12-274 . Release detection and release detection operation and maintenance testing and inspections under R18-12-230 through R18-12-245 are not required if the temporarily closed UST system is emptied of all regulated substances and accumulated residues. The UST system is empty when all contents have been removed from the system so that no more than 2.5 centimeters (1 inch) of residue or 0.3% by weight of the total capacity of the UST system remain in the system. Spill and overfill operation and maintenance testing and inspections in accordance with R18-12-220(D), R18-12-221(H), R18-12-230, R18-12-235 and R18-12-236 do not have to be met during temporary closure.

C. Owners and operators of any UST system which is temporarily closed for three months or more shall also comply with both of the following requirements before the end of the third month following the date on which the UST system began temporary closure:

1. Vent lines left open and functioning;

2. All other lines, pumps, manways, and ancillary equipment capped and secured in accordance with R18-12-281(P)(1) .

D. To bring an UST system back into use, owners shall notify the Department in accordance with R18-12-222(F)(5) within 30 days after the date that the UST system is brought back into use.

E. Any temporarily closed UST system that cannot be brought back into service within 12 months from the date it went into temporary closure, shall comply with one of the following before the expiration of the 12-month period:

1. Permanently close the system in accordance with R18-12-271 through R18-12-274 ,

2. Obtain an extension of temporary closure from the Department in accordance with subsection (G). To be effective, such an extension shall be granted in writing by the Department prior to expiration of the initial 12-month period of temporary closure.

D. An UST system that meets the performance standards in R18-12-220 for new UST systems or the upgrade standards in R18-12-221 may remain in temporary closure indefinitely.

E. When an UST system that does not meet either the performance standards in R18-12-220 for new UST systems or the upgrade standards in R18-12-221 is temporarily closed for more than 12 months, owners and operators shall permanently close the UST system. Owners and operators of these systems that want to remain in temporary closure longer than 12 months may request either a standard extension or a limited extension of the 12 months of temporary closure according to subsection (F).

F. A request for an extension shall be made by the owner using the Notification Form as described in R18-12-222(C)(3) . The request shall include the results of a site assessment conducted in accordance with R18-12-272 . A site assessment is not required if the UST system meets the new system standards of R18-12-220 or the upgrade standards of R18-12-221 provided both of the following are met:

1. The system has had corrosion protection installed in accordance with R18-12-220(B) and (C) or R18-12-221(B) and (C) which has been maintained in accordance with R18-12-231 ,

2. The system has had an external leak detection system installed in accordance with R18-12-243(E) or R18-12-243(F) which has been maintained in accordance with R18-12-240 .

F. A request for an extension shall be made by the owner or operator using the Notification Form as described in R18-12-222(C) prior to the expiration of the 12-month period of temporary closure.

1. Standard extension. A standard extension extends the 12 month temporary closure period and temporarily postpones the obligation to permanently close the tank. A request for a standard extension shall include the results of a site assessment conducted in accordance with R18-12-272.

2. Limited extension. A limited extension also temporarily postpones the obligation to permanently close the tank but does not require the results of a site assessment. A limited extension can be requested if:

a. The owner or operator has begun the process of permanently closing the tank either with or without the Department's assistance,

b. The owner or operator has begun the process of obtaining a baseline assessment either with or without the Department's assistance, or

c. The owner or operator has begun the process of confirming a release either with or without the Department's assistance.

G. If the request is timely submitted, the UST shall be considered to be in extended temporary closure until the Department's determination is made and the owner is informed in writing. The Department shall inform the owner, in writing by certified mail, if the extension request is granted or denied. A standard or limited extension of temporary closure which is granted by the Department shall include the duration and the terms and conditions of the extension. Terms and conditions shall be based upon the Department's assessment of what is reasonably necessary to protect human health and the environment. If the request for extension is denied, the UST system shall complete permanent closure in accordance with R18-12-271 through R18-12-274.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-271 Permanent Closure and Change-in-service

A. At least 30 days before beginning permanent closure or a change-in-service under subsection (D), owners and operators shall inform the Department, on a form provided by the Director, of their intent to permanently close or make a change-in-service of an UST. If closure or change-in-service is not completed within six months from the date the Department is informed, the information is deemed to be expired. Owners and operators shall provide the Department with all of the following information:

1. UST system owner name, address, and telephone number;

2. Facility name or company site identifier;

Facility street address;

Description of each UST system to be closed, including date of installation, total capacity, and construction material;

5. The estimated date of permanent closure or change-in-service;

6. The intended tank service provider.

B. The Department shall waive the 30-day notice described in subsection (A) if the permanent closure is in response to a corrective action conducted under A.R.S. § 49-1005 which was reported under A.R.S. § 49-1004. In addition, the Department may determine another reasonable time period for the notice of intent to permanently close or make a change-in-service to the UST system if any of the following exist:

1. An emergency that threatens human health or the environment,

2. The Department agrees to a request made by an entity operating under an Intergovernmental Agreement with the Department delegating closure inspection authority.

C. Within 15 calendar days of receipt of the information required in subsection (A), the Department shall send the owner or operator an email indicating whether the proposed permanent closure may or may not proceed as described, or whether further information is necessary.

C D. To permanently close or make a change-in-service to an UST system, owners and operators may follow the applicable standards in R18-12-281(P) and shall perform all of the following steps:

Develop documented evidence that the contents of the system are a regulated substance. Unless system contents can be documented through delivery receipts or knowledge of process, a waste determination in accordance with R18-8-261(A) shall be performed. If contents are not a regulated substance, they may be subject to hazardous, solid or special waste regulations as follows:

a. If the contents of an UST system are determined to meet the definition of a hazardous waste based upon a waste determination, the contents may be subject to the requirements of A.R.S. §§ 49-901 et seq. and the rules promulgated thereunder;

b. If the contents of an UST system are not a regulated substance and not a hazardous waste, the contents may be subject to the requirements of R18-13-311 and R18-13-312.

2. Drain and flush back into the tank regulated substances from piping and any other ancillary equipment that routinely contains regulated substances. All piping, dispensers, and other ancillary equipment to be closed shall be capped or removed;

3. Empty to the standard set forth in R18-12-270(B) and clean the UST by removing all liquids and accumulated residues. The liquids and accumulated residues which meet the definition of hazardous waste pursuant to A.R.S. § 49-921(5) may be subject to regulation under A.R.S. §§ 49-901 et seq. If the liquids and accumulated residues are not hazardous waste, they may be subject to regulation pursuant to A.R.S. §§ 49-701 et seq;

4. Remove from the ground or fill completely with inert solid materials all tanks permanently taken out-of-operation unless the UST system component is making a change-in-service;

5. Perform the site assessment at closure or change-in-service in accordance with R18-12-272 . The site assessment shall be performed after informing the Department but prior to completion of the permanent closure or change-in-service. If the tank is removed, samples shall be taken at the time of removal.

D E. Owners and operators who permanently close or make a change-in-service of an UST system shall prepare a closure report in a format provided by the Department. The closure report shall be submitted to the Department within 30 days of the completion of closure or change-in-service. The report shall be maintained by the Department for at least three years from the date of receipt as evidenced by the post mark or the date stamped on the document by the Department. The report shall demonstrate compliance with the requirements of this Section and R18-12-272 . In addition, the report shall include all of the following:

The name of the facility owner and operator, facility name and address, facility identification number, and a certification statement signed by the UST owner or operator or the authorized agent of the owner or operator that reads: "I hereby certify, under penalty of law, that this submittal and all attachments were prepared under my direction and supervision, and that the information submitted is true, accurate, and complete to the best of my knowledge."

2. Information concerning the required soil sampling, conducted in accordance with R18-12-272, which shall include the rationale for selecting sample types, sample locations, and measurement methods and, for each sample, all of the following: sample location identification number; sample depth; sampling date; date of laboratory analysis; lithology of sample; field soil vapor readings, if obtained; analytical methods used; laboratory results; numerical detection limits; and all sampling quality assurance and quality control results;

3. Information concerning the required water sampling, conducted in accordance with R18-12-280, which shall include, for each sample, all of the following: sample location identification number; sampling date; date of laboratory analysis; laboratory results; analytical methods used; numerical detection limits; and all sampling quality assurance and quality control results;

Copies of all original laboratory reports and chain-of-custody forms, and any supporting laboratory documents which discuss any analytical quality assurance and quality control anomalies experienced by the laboratory. The laboratory reports shall include, for each sample, all of the following: analytical methods; sample collection date; extraction date; sample analysis date; laboratory detection limits; and all analytical quality assurance and quality control analyses conducted by the laboratory for or during the analyses of the subject samples;

5. A brief, site-specific narrative description of the sampling quality assurance and quality control program followed in the field in accordance with R18-12-280(B) . Any sampling quality assurance and quality control anomalies shall be discussed in detail. The report shall include a determination as to the validity of the data from a scientific standpoint;

6. A scaled map showing the locations of the tank, piping, and dispensers and the locations of all samples obtained in accordance with R18-12-272.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-272 Assessing the UST Site at Closure or Change-in-service

A. Before permanent closure or a change-in-service is completed, owners and operators shall measure for the presence of a release at the UST site by taking samples for laboratory analysis. Samples shall be obtained in the areas where contamination would most likely occur, or where stained soils, odors, vapors, free product, or other evidence indicates that a release may have occurred. Measurement for presence of a release shall be performed according to all of the following:

1. Owners and operators shall document the environmental condition of the UST site and the presence or absence of any contamination resulting from the operation of the UST system at the site through analyses performed on samples of native soil, and of water encountered during the UST closure assessment;

2. Specific locations for the required sampling at the UST system site shall be determined by the presence of stained soils, odors, vapors, free product, or other evidence indicating that a release may have occurred. In selecting sample types, sample locations, and measurement methods, owners and operators shall also consider the method of closure, the nature of the stored substance, the type of backfill, the depth to groundwater, and other factors which may identify the presence of a release. At a minimum, each site shall be sampled in accordance with the following:

a. If water is not present in the excavation at the time an UST is removed or if the UST is filled with a solid inert material as described in R18-12-271(D)(4), a minimum of two distinct soil samples shall be taken from native soils beneath each tank that has a capacity to hold more than 550 gallons. The samples shall be taken from beneath each end of each tank. In cases where the fill pipe or pump is located above the center of the tank, an additional sample shall be taken from beneath the center of the tank. If the capacity of the tank is 550 gallons or less, then one sample shall be taken from native soils beneath the center of the tank;

b. If water is present above the floor of the excavation at the time an UST is removed, distinct samples of native soils shall be taken from the walls of the excavation at the soil-water interface at both ends of the tank;

c. If native soil cannot be collected in accordance with R18-12-280 due to large clast size or induration, or if the excavation zone is constructed in bedrock one of the following shall be performed:

i. Samples of the UST excavation backfill material shall be collected from beneath the UST system in accordance with locations described in subsection (A)(2)(a).

ii. If the UST excavation backfill material cannot be sampled, the Department shall be contacted for further instruction.

d. If water is encountered during activities required under this Section, a sample of the water shall be collected for analysis. If a sheen or free product is observed on the water or in the sample, the sampling requirements of subsection (A)(2) do not have to be met, however, further reporting and investigation shall be conducted in accordance with R18-12-274;

e. If piping is permanently closed in accordance with R18-12-271(D)(2) distinct samples of native soil shall be collected under elbows, joints, fittings, dispensers and areas of corrosion. In addition, such sampling shall ensure that samples are collected every 20 linear feet along the piping trench;

f. Stockpiled excavated soil shall be sampled in accordance with A.R.S. Title 49, Chapter 4, Article 9, and the rules promulgated thereunder.

3. All required sampling shall be performed in accordance with R18-12-280.

B. The requirements of this Section are satisfied if owners and operators document all of the following:

1. The UST system is monitored by one of the external release detection methods described in R18-12-243(E) or (F) ,

2. The release detection system has been operated in accordance with the requirements of R18-12-240 ,

3. The release detection system indicates no releases have occurred.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-273 Application of Closure Requirements to Previously Closed Systems

When directed to do so by the Department, owners and operators of an UST system which was permanently closed before December 22, 1988, shall assess the excavation zone and close the UST system in accordance with R18-12-271, R18-12-272, and R18-12-274 if known, suspected, or potential releases from the UST system, in the judgment of the Department, may pose a current or potential threat to human health or the environment.

History

• Adopted effective July 30, 1996 (Supp. 96-3).

Ariz. Admin. Code § R18-12-274 Release Reporting and Corrective Action for Closed Systems

If a release or suspected release is discovered during temporary closure under R18-12-270 or in the performance of the procedures described in R18-12-272(A), owners and operators shall report the release and perform corrective action as required under A.R.S. §§ 49-1004 and 49-1005 and this Chapter.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-275 Reserved

Ariz. Admin. Code § R18-12-276 Reserved

Ariz. Admin. Code § R18-12-277 Reserved

Ariz. Admin. Code § R18-12-278 Reserved

Ariz. Admin. Code § R18-12-279 Reserved

Ariz. Admin. Code § R18-12-280 Sampling Requirements

A. Required analytical procedures. For all sampling under this Chapter, an owner or operator shall:

1. Analyze samples for the chemicals of concern associated with regulated substances stored in the UST during its operational life by analytical test methods that are approved for analysis of each chemical of concern under 9 A.A.C. 14, Article 6. Before collecting samples, the Department may approve, a different procedure after considering whether the analytical data will be representative of the concentrations and compositions of volatile regulated substances existing in the contaminated medium;

2. Perform sample analyses using a laboratory licensed for the selected analytical method by the Arizona Department of Health Services under A.A.C. R9-14-601 through A.A.C. R9-14-617; and

3. Analyze samples within the specified time period required for the analytical test method under A.A.C. R9-14-601 through A.A.C. R9-14-617.

B. Quality assurance and quality control (QA/QC). For all required sampling under this Chapter, an owner or operator shall:

1. Decontaminate sampling equipment as provided in R18-12-281(Q);

2. Handle and transport samples using a methodology that will result in analytical data that is representative of the concentrations and compositions of the chemicals of concern that may exist in the contaminated medium;

3. Follow chain-of-custody procedures under R18-12-281(T), for all required sampling, including the condition and temperature of the samples received by the laboratory on the chain-of-custody record; and

4. Follow generally accepted industry standards. For the purpose of subsection (B), "generally accepted industry standards" means those QA/QC procedures that are described in publications of national organizations concerned with corrective actions or that otherwise appear in peer-reviewed literature.

C. Soil sampling. An owner or operator shall perform all soil sampling required under this Chapter using a methodology that will result in analytical data that is representative of the concentrations and compositions of the chemicals of concern that may exist in the contaminated soil. The owner or operator shall use a sampling method that is based on consideration of all of the following criteria:

1. The specific chemicals of concern potentially involved,

Site-specific lithologic conditions,

3. Depth of sample collection, and

4. Generally accepted industry standards. For the purpose of subsection (C), "generally accepted industry standards" means those soil sampling activities that are described in publications of national organizations concerned with corrective actions or that otherwise appear in peer-reviewed literature.

D. Groundwater sampling. An owner or operator shall perform all required groundwater sampling under this Chapter using a methodology that will result in analytical data that is representative of the concentrations and compositions of the chemicals of concern that may exist in the groundwater. The owner or operator shall use a sampling method that is based on consideration of all of the following criteria:

1. The specific chemicals of concern potentially involved,

Site-specific hydrologic conditions,

3. Site-specific monitor well construction details,

4. Depth of sample collection, and

5. Generally accepted industry standards. For the purpose of subsection (D), "generally accepted industry standards" means those groundwater sampling activities that are described in publications of national organizations concerned with corrective actions or that otherwise appear in peer-reviewed literature.

E. Surface water sampling. An owner or operator shall perform all required surface water sampling under this Chapter using a methodology that will result in analytical data that is representative of the concentrations and compositions of the chemicals of concern that may exist in the surface water. The owner or operator shall use a sampling method that is based on consideration of all of the following:

1. The specific chemicals of concern involved or potentially involved,

2. Site-specific hydrologic conditions, and

3. Generally accepted industry standards. For the purpose of subsection (E), "generally accepted industry standards" means those surface water sampling activities that are described in publications of national organizations concerned with corrective actions or that otherwise appear in peer-reviewed literature.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 8 A.A.R. 3894, effective August 20, 2002 (Supp. 02-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Ariz. Admin. Code § R18-12-281 UST System Codes of Practice and Performance Standards

A. Owners and operators may use one of the following to comply with R18-12-211(A):

1. NACE International Standard Practice SP0285-2011, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection";

2. NACE International Standard Practice SP0169-2013, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems";

3. American Petroleum Institute Recommended Practice 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", 3rd edition; or

Steel Tank Institute Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems", revised January 2006.

B. Owners and operators may use one of the following to comply with R18-12-220(B)(1):

1. Underwriters Laboratories Standard 1316, "Glass-Fiber-Reinforced Plastic Underground Storage Tanks for Petroleum Products, Alcohols, and Alcohol-Gasoline Mixtures", 3rd edition; or

2. Underwriters Laboratories of Canada S615-14, "Standard for Fibre Reinforced Plastic Underground Tanks for Flammable and Combustible Liquids"

3. American Society for Testing and Materials Standard D 4021-86, "Standard Specification for Glass-Fiber-Reinforced Polyester Underground Petroleum Storage Tanks" amended July 25, 1986 (and no future amendments or editions), which is incorporated by reference and on file with the Department and the Office of the Secretary of State.

C. Owners and operators may use one of the following five options to comply with R18-12-220(B)(2):

1. Steel Tank Institute sti-P3 "Specification and Manual for External Corrosion Protection of Underground Steel Storage Tanks", revised May 2018;

Underwriters Laboratories Standard 1746, "Standard for External Corrosion Protection Systems for Steel Underground Storage Tanks", 3rd edition, amended December 19, 2014;

3. Underwriters Laboratories of Canada CAN/ULC-S603-14, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids", amended as of October 2014; Underwriters Laboratories of Canada CAN/ULC-S603.1:2017, "Standard for External Corrosion Protection Systems for Steel Underground Tanks for Flammable and Combustible Liquids", amended as of February 2017; and Underwriters Laboratories of Canada Standard S631-05, " Isolating Bushings for Steel Underground Tanks Protected with External Corrosion Protection Systems", amended as of July 2005;

4. Steel Tank Institute Standard F841, "Standard for Dual Wall Underground Steel Storage Tanks", January 2006; or

5. NACE International Standard Practice SP0285-2011 "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection"; and Underwriters Laboratories Standard 58, "Standard for Steel Underground Tanks for Flammable and Combustible Liquids", 10th edition, amended as of January 31, 2018.

D. Owners and operators may use one of the following to comply with R18-12-220(B)(3):

1. Underwriters Laboratories Standard 1746, "External Corrosion Protection Systems for Steel Underground Storage Tanks", 3rd edition, amended December 19, 2014;

2. Steel Tank Institute ACT-100, "Specification for External Corrosion Protection of FRP Composite Steel Underground Storage Tanks-F894", revised May 2018;

3. Steel Tank Institute ACT-100U Specification F961, "Specification for External Corrosion Protection of Composite Steel Underground Storage Tanks", February 2017; or

4. Steel Tank Institute Specification F922, "Steel Tank Institute Specification for Permatank^®", February 2017.

E. Compliance with R18-12-220(C)(1) may be determined by utilization of one of the following:

1. Underwriters Laboratories 971, "Standard for Nonmetallic Underground Piping for Flammable Liquids", 2nd edition, June 17, 2008; or

2. Underwriters Laboratories of Canada Standard S660 "Standard for Nonmetallic Underground Piping for Flammable and Combustible Liquids", 1st edition, May 1, 2008.

3. Underwriters Laboratories of Canada Subject C-107C-M1984, "Guide for Glass Fibre Reinforced Plastic Pipe and Fittings for Flammable Liquids" June 1984 (and no future amendments or editions), which is incorporated by reference and on file with the Department and the Office of the Secretary of State.

4. Underwriters Laboratories of Canada Standard CAN/ULC-S633-M90, "Standard for Flexible Underground Hose Connectors for Flammable and Combustible Liquids" amended as of June 1990 (and no future amendments or editions), which is incorporated by reference and on file with the Department and the Office of the Secretary of State.

F. Compliance with R18-12-220(C)(2) may be determined by utilization of one of the following:

1. National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code" amended as of August 17, 1990 (and no future amendments or editions), which is incorporated by reference and on file with the Department and the Office of the Secretary of State;

2. American Petroleum Institute Publication 1615, "Installation of Underground Petroleum Storage Systems" amended as of November 1987, Supplement March 6, 1989 (and no future amendments or editions), which is incorporated by reference and on file with the Department and the Office of the Secretary of State;

3 1. American Petroleum Institute Publication 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", 3rd edition;

2. Underwriters Laboratories Subject 971A, "Outline of Investigation for Metallic Underground Fuel Pipe"; 1st edition, October 18, 2006;

3. Steel Tank Institute Recommended Practice R892, "Recommended Practice for Corrosion Protection of Underground Piping Networks Associated with Liquid Storage and Dispensing Systems", January 2006;

4. NACE International Standard Practice SP0169-2013, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems"; or

NACE International Standard Practice SP0285-2011, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection".

G. Compliance with R18-12-220(C)(3)(b) shall be determined by utilization of both of the following:

1. National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code" (August 17, 1990);

2. National Association of Corrosion Engineers Standard RP0169-92, "Control of External Corrosion on Submerged Metallic Piping Systems" (1992).

H G. Compliance with R18-12-220(E) may be determined by utilization of subsection (1), (2), or (3):

1. American Petroleum Institute Publication 1615, "Installation of Underground Hazardous Substances or Petroleum Storage Systems", 6th edition, April 2011;

2. Petroleum Equipment Institute Publication PEI/RP100-17, "Recommended Practices for Installation of Underground Liquid Storage Systems"; or

3. National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code", 2018 edition; and Standard 30A, "Code for Motor Fuel Dispensing Facilities and Repair Garages", 2018 edition.

I H. Compliance with R18-12-221(F) may be determined by utilization of any of the following:

1. American Petroleum Institute Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks", 5th edition;

2. National Leak Prevention Association Standard 631, "Chapter A, Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks"; and Chapter B, "10 And 5 Year Inspection for Lined Tanks without Cathodic Protection", 2009 revision;

3. NACE International Standard Practice SP0285-2011, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection"; or

4. American Petroleum Institute Recommended Practice 1632, "Cathodic Protection of Underground Petroleum Storage Tanks and Piping Systems", 3rd edition.

J I. Compliance with R18-12-230(A) may be determined by utilization of one of the following:

1. National Fire Protection Association Publication 385, "Standard for Tank Vehicles for Flammable and Combustible Liquids", amended as of 2017;

American Petroleum Institute Recommended Practice 1007, "Loading and Unloading of MC 306/DOT 406 Cargo Tank Motor Vehicles", 1st edition, amended as of March 2001, reaffirmed February 2011; or

2 3. American Petroleum Institute Recommended Practice 1621, "Bulk Liquid Stock Control At Retail Outlets", 5th edition.

K J. Compliance with R18-12-231(B)(2) may be determined by utilization of one of the following:

1. NACE International Standard Practice SP0285-2011, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection";

2. NACE International Standard Test Method TM0101-2012, "Measurement Techniques Related to Criteria for Cathodic Protection of Underground Storage Tank Systems";

3. NACE International Standard Test Method TM0497-2012, "Measurement Techniques Related to Criteria for Cathodic Protection on Underground or Submerged Metallic Piping Systems";

4. Steel Tank Institute Recommended Practice R051, "Cathodic Protection Testing Procedures for STI-P3^® USTs", April 2017; or

5. NACE International Standard Practice SP0169-2013, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems".

L K. Compliance with R18-12-232(B)(1)(a) may be determined by utilization of

1. American Petroleum Institute Recommended Practice 1626, "Storing and Handling Ethanol and Gasoline-Ethanol Blends at Distribution Terminals and Filling Stations", 2nd edition.

2. American Petroleum Institute Publication 1627, "Storage and Handling of Gasoline-Methanol/Cosolvent Blends at Distribution Terminals and Service Stations" August 1986 (and no future amendments or editions), which is incorporated by reference and on file with the Department and the Office of the Secretary of State.

M L. Compliance with R18-12-233(A)(1) may be determined by utilization of the following codes of practice, as applicable:

1. National Fire Protection Association Standard 30, "Flammable and Combustible Liquids Code", 2018 edition;

2. American Petroleum Institute Recommended Practice 2200, "Repairing Hazardous Liquid Pipelines", 5th edition;

3. American Petroleum Institute Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks", 5th edition;

4. National Fire Protection Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair", 2015 edition;

4 5. National Leak Prevention Association Standard 631, Chapter A, "Entry, Cleaning, Interior Inspection, Repair and Lining of Underground Storage Tanks", ( 2009 revision);

6. Steel Tank Institute Recommended Practice R972, "Recommended Practice for the Addition of Supplemental Anodes to STI-P3^® USTs", December 2010;

7. NACE International Standard Practice SP0285-2011, "Control of Underground Storage Tank Systems by Cathodic Protection"; and

Fiberglass Tank and Pipe Institute Recommended Practice T-95-1, "Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks".

N M. Compliance with R18-12-233(A)(2) may be determined by utilization of Fiberglass Petroleum Tank & Piping InstituteRecommended Practice T-95-1, "Remanufacturing of Fiberglass Reinforced Plastic (FRP) Underground Storage Tanks".

N. Compliance with R18-12-233(B)(1) may be determined by utilization of the following, as applicable:

1. Steel Tank Institute Recommended Practice R012, "Recommended Practice for Interstitial Tightness Testing of Existing Underground Double Wall Steel Tanks", revised July 2016;

2. Fiberglass Tank and Pipe Institute Protocol RP 2007-2, "Field Test Protocol for Testing the Annular Space of Installed Underground Fiberglass Double and Triple-Wall Tanks with Dry Annular Space"; or

3. Petroleum Equipment Institute Recommended Practice RP1200-17, "Recommended Practices for the Testing and Verification of Spill, Overfill, Leak Detection and Secondary Containment Equipment at UST Facilities".

O. Compliance with R18-12-243(A) may be determined by utilization of American Petroleum Institute Standard RP 1621, "Bulk Liquid Stock Control At Retail Outlets", 5th edition.

P. Compliance with R18-12-271(D) may be determined by utilization of the following, as applicable:

1. American Petroleum Institute Recommended Practice 1604, " Closure of Underground Petroleum Storage Tanks", 3rd edition;

2. American Petroleum Institute Standard 2015, "Requirements for Safe Entry and Cleaning of Petroleum Storage Tanks", 8th edition;

American Petroleum Institute Recommended Practice 2016, "Guidelines and Procedures for Entering and Cleaning Petroleum Storage Tanks", 1st edition;

3 4. American Petroleum Institute Recommended Practice 1631, "Interior Lining and Periodic Inspection of Underground Storage Tanks", 5th edition;

5. National Fire Protection Association Standard 326, "Standard for the Safeguarding of Tanks and Containers for Entry, Cleaning, or Repair", 2015 edition; and

4 6. The National Institute for Occupational Safety and Health Publication 80-106, "Criteria for a Recommended Standard: W o r k i n g in Confined Spaces", amended as of December 1979.

Q. Compliance with R18-12-280(B)(1) shall be determined by utilization of American Society for Testing and Materials Standard D5088-15a, "Standard Practice for Decontamination of Field Equipment Used at Waste Sites".

R. Compliance with R18-12-280(B)(2) and (C) shall be determined by the following:

1. American Society for Testing and Materials Standard D4547-15: "Standard Guide for Sampling Waste and Soils for Volatile Organic Compounds"; and

2. American Society for Testing and Materials Standard D4700-15, "Standard Guide for Soil Sampling from the Vadose Zone".

S. Compliance with R18-12-280(B)(3) shall be determined by utilization of American Society for Testing and Materials Standard D4840-99 (2018)e1, "Standard Guide for Sample Chain-of-Custody Procedures".

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 1/1/2020.

Article 3 FINANCIAL RESPONSIBILITY

Ariz. Admin. Code § R18-12-300 Financial Responsibility; Applicability

A. R18-12-301 through R18-12-325 apply to all owners and operators of petroleum UST systems, except as otherwise provided in this Section.

B. Owners and operators of a petroleum UST system are subject to the requirements of R18-12-301 through R18-12-325 if the petroleum UST system is being used on or after September 21, 1992, or as provided in R18-12-951(A).

C. State and federal government entities whose debts and liabilities are the debts and liabilities of a state or the United States are exempt from the requirements of this Article.

D. R18-12-303 through R18-12-325 do not apply to owners and operators of any UST system excluded under 40 CFR 280.10(b) or partially excluded under 40 CFR 280.10(c)(1), (c)(3), or (c)(4), amended as of October 13, 2015.

E. If owners and operators of a petroleum underground storage tank are separate persons, only one person is required to demonstrate financial responsibility; however, both parties are liable in event of noncompliance. Regardless of which party complies, the date set for compliance at a particular facility is determined by the characteristics of the owner as set forth in R18-12-301.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-301 Financial Responsibility; Compliance Dates; Allowable Mechanisms; Evidence

A. Owners and operators shall submit to the Department evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this Article for an underground storage tank as provided in this Article.

1. All petroleum marketing firms owning 1,000 or more USTs and all other UST owners that report a tangible net worth of $20 million or more to the U.S. Securities and Exchange Commission (SEC), Dun and Bradstreet, the Energy Information Administration, or the Rural Electrification Administration: within 180 days after the effective date of this Section;

2. All petroleum marketing firms owning 100-999 USTs: within 180 days after the effective date of this Section;

3. All petroleum marketing firms owning a total of 13-99 USTs which are located at more than one facility: within 180 days after the effective date of this Section;

4. All petroleum UST owners not described in subsections (A)(1) through (3), excluding all local government entities: by December 31, 1993;

5. All local government entities: one year from the date of final federal promulgation of additional mechanisms for use by local government entities to comply with financial responsibility requirements for underground storage tanks containing petroleum.

B. Owners and operators shall use the financial assurance mechanisms in this Article to comply with financial responsibility requirements as follows:

Owners and operators, including local government owners and operators, may use any one or combination of the financial assurance mechanisms listed in R18-12-305 through R18-12-312 to demonstrate financial responsibility under this Article for one or more underground storage tanks;

2. Local government owners and operators may also use any one or combination of the financial assurance mechanisms listed in R18-12-314 through R18-12-317 to demonstrate financial responsibility under this Article for one or more underground storage tanks.

C.Owners and operators shall submit evidence of compliance with the requirements of this Article. Owners and operators shall submit to, and maintain with, the Department a copy of any one or combination of the assurance mechanisms specified in R18-12-305 through R18-12-312, and R18-12-314 through R18-12-317 currently in effect along with a copy of the standby trust agreement, if required. Owners and operators using an assurance mechanism specified in R18-12-305 through R18-12-312 and R18-12-314 through R18-12-317 shall submit to, and maintain with, the Department an updated copy of a certification of financial responsibility worded as provided in 40 CFR 280.111(b)(11)(i), amended as of October 13, 2015, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted. In addition, local government owners and operators shall comply with one or more of the following:

1. Local government owners and operators using the local government bond rating test under R18-12-314 shall submit a copy of its bond rating published within the last 12 months by Moody's or Standard & Poor's;

2. Local government owners and operators using the local government guarantee under R18-12-316, if the guarantor's demonstration of financial responsibility relies on the bond rating test under R18-12-314 shall submit a copy of the guarantor's bond rating published within the last 12 months by Moody's or Standard & Poor's;

3. Local government owners and operators using a local government fund under R18-12-317 shall submit the following documents:

a. A copy of the state constitutional provision or local government statute, charter, ordinance, or order dedicating the fund;

b. Year-end financial statements for the most recent completed financial reporting year showing the amount in the fund. If the fund is established under R18-12-317(A)(3) using incremental funding backed by bonding authority, the financial statements shall show the previous year's balance, the amount of funding during the year, and the closing balance in the fund;

c. If the fund is established under R18-12-317(A)(3) using incremental funding backed by bonding authority, owners and operators shall also submit documentation of the required bonding authority, including either the results of a voter referendum under R18-12-317(A)(3)(a), or attestation by the state attorney general as specified under R18-12-317(A)(3)(b).

4. Local government owners and operators using the local government guarantee supported by the local government fund shall submit a copy of the guarantor's year-end financial statements for the most recent completed financial reporting year showing the amount of the fund.

D. Owners and operators shall maintain evidence of all financial assurance mechanisms used to demonstrate financial responsibility under this Article for an underground storage tank until released from the requirements of this Article under R18-12-323 . Owners and operators shall maintain such evidence at the underground storage tank site or a readily available alternative site. Records maintained off-site shall be provided for inspection to the Department upon request.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-302 Reserved

Ariz. Admin. Code § R18-12-303 Amount and Scope of Required Financial Responsibility

A. Owners and operators of petroleum USTs shall demonstrate financial responsibility for taking corrective action and for compensating 3rd parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs in at least the following per-occurrence amounts:

1. For owners and operators of petroleum USTs that are located at petroleum marketing facilities, or that handle an average of more than 10,000 gallons of petroleum per month based on annual throughput for the previous calendar year: $1 million;

2. For owners and operators of petroleum USTs not described in subsection (A)(1): $500,000.

B. Owners and operators of petroleum USTs shall demonstrate financial responsibility for taking corrective action and for compensating 3rd parties for bodily injury and property damage caused by accidental releases arising from the operation of a petroleum UST in at least the following annual aggregate amounts:

1. For owners and operators of 1 to 100 petroleum USTs: $l million,

2. For owners and operators of 101 or more petroleum USTs: $2 million.

C. For the purposes of subsections (B) and (G) only, "a petroleum underground storage tank" means a single containment unit and does not mean combinations of single containment units.

D. Except as provided in subsection (E), if owners and operators use separate mechanisms or combinations of separate mechanisms to demonstrate financial responsibility for taking corrective action, compensating 3rd parties for bodily injury and property damage caused by sudden accidental releases, or compensating 3rd parties for bodily injury and property damage caused by nonsudden accidental releases, the amount of assurance provided by each mechanism or combination of mechanisms shall be in the full amount specified in subsections (A) and (B).

E. If owners and operators use separate mechanisms or combinations of separate mechanisms to demonstrate financial responsibility for different petroleum USTs, the annual aggregate required shall be based on the number of tanks covered by each such separate mechanism or combination of mechanisms.

F. If owners and operators utilize one mechanism, separate mechanisms, or combinations of separate mechanisms to demonstrate financial responsibility for petroleum USTs in more than one state or territory, with more than one implementing agency, the identification of systems covered by each mechanism shall include the implementing agency for each facility or group of facilities. All facilities subject to the requirements of this rule shall also be identified by the UST facility identification number assigned by the Department.

G. Owners and operators shall review the amount of aggregate assurance provided whenever additional petroleum USTs are acquired or installed. If the number of petroleum underground storage tanks for which assurance shall be provided exceeds 100, owners and operators shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the anniversary of the date on which the mechanism demonstrating financial responsibility became effective. If assurance is being demonstrated by a combination of mechanisms, owners and operators shall demonstrate financial responsibility in the amount of at least $2 million of annual aggregate assurance by the 1st-occurring effective date anniversary of any one of the mechanisms combined, other than a financial test or guarantee, to provide assurance.

H. The amounts of assurance required under this Section exclude legal defense costs.

I. The per-occurrence and annual aggregate coverage amounts required by this Section do not limit the liability of owners and operators.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3).

Ariz. Admin. Code § R18-12-304 Reserved

Ariz. Admin. Code § R18-12-305 Financial Test of Self-insurance

A. Owners, operators, or guarantors may satisfy the requirements of R18-12-303 by passing a financial test as specified in this Section. To pass the financial test of self-insurance, owners, operators, or guarantors shall meet the criteria of either subsection (B) or (C) based on year-end financial statements for the latest completed fiscal year.

B. In order to pass a financial test of self-insurance under this subsection, owners, operators, or guarantors shall meet all of the following requirements:

1. Have a tangible net worth of at least 10 times all of the following:

a. The total of the applicable aggregate amount required by R18-12-303, based on the number of underground storage tanks for which a financial test of self-insurance is used to demonstrate financial responsibility;

b. The sum of the corrective action cost estimates, the current closure and post-closure care cost estimates, and amount of liability coverage for which a financial test of self-insurance is used to demonstrate financial responsibility under R18-8-264 or R18-8-265;

c. The sum of current plugging and abandonment cost estimates for which a financial test of self-insurance is used to demonstrate financial responsibility to EPA under 40 CFR 144.63, amended as of October 13, 2015, or to a state implementing agency under a state program authorized by EPA under 40 CFR part 145.

2. Have a tangible net worth of at least $10 million,

3. Have a letter signed by the chief financial officer worded as specified in subsection (D),

4. Do either one of the following:

a. File financial statements annually with the U.S. Securities and Exchange Commission, the Energy Information Administration, or the Rural Electrification Administration.

b. Report annually the firm's tangible net worth to Dun and Bradstreet, and Dun and Bradstreet shall have assigned the firm a financial strength rating of 4A or 5A.

5. The firm's year-end financial statements, if independently audited, cannot include an adverse auditor's opinion, a disclaimer of opinion, or a "going concern" qualification.

C. In order to pass a financial test of self-insurance under this subsection, owners, operators, or guarantors shall meet all of the following requirements:

Owners, operators, or guarantors shall meet the financial test requirements of 40 CFR 264.147(f)(1), amended as of October 13, 2015, substituting the appropriate amount specified in either R18-12-303(B)(1) or (2) for the "amount of liability coverage" each time specified in 40 CFR 264.147(f)(1);

2. The fiscal year-end financial statements of owners, operators, or guarantors shall be examined by an independent certified public accountant and be accompanied by the accountant's report of the examination;

3. The firm's year-end financial statements cannot include an adverse auditor's opinion, a disclaimer of opinion, or a "going concern" qualification;

4. Owners, operators, or guarantors shall have a letter signed by the chief financial officer, worded as specified in subsection (D);

5. If the financial statements of owners, operators, or guarantors are not submitted annually to the U.S. Securities and Exchange Commission, the Energy Information Administration or the Rural Electrification Administration, owners, operators, or guarantors shall obtain a special report by an independent certified public accountant stating all of the following:

a. The accountant has compared the data that the letter from the chief financial officer specifies as having been derived from the latest year-end financial statements of owners, operators, or guarantors, with the amounts in such financial statements.

b. In connection with the comparison under subsection (C)(5)(a), no matters came to the accountant's attention which caused the accountant to believe that the specified data should be adjusted.

D. To demonstrate that it meets the financial test under subsection (B) or (C), the chief financial officer of owners, operators, or guarantors, shall sign, within 120 days of the close of each financial reporting year, as defined by the 12-month period for which financial statements used to support the financial test are prepared, a letter worded exactly as provided in 40 CFR 280.95(d), amended as of October 13, 2015, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted.

E. If owners and operators, using a financial test of self-insurance for financial responsibility find that they no longer meet the requirements of the financial test based on the year-end financial statements, owners and operators shall obtain alternative coverage within 150 days of the end of the financial reporting year for which financial statements have been prepared.

F. The Director may require reports of financial condition at any time from owners, operators, or guarantors. If the Director finds, on the basis of such reports or other information, that owners, operators, or guarantors, no longer meet the financial test requirements, owners and operators shall obtain alternate coverage within 30 days after notification of such a finding.

G. If owners and operators fail to obtain alternate assurance within 150 days of finding that they no longer meet the requirements of the financial test based on the year-end financial statements, or within 30 days of notification by the Director that they no longer meet the requirements of the financial test, owners and operators shall notify the Director of such failure within 10 days.

H. Owners and operators may use self-insurance in combination with a guarantee only if, for the purpose of meeting the requirements of the financial test under this Section, the financial statements of the owner or operator are not consolidated with the financial statements of the guarantor.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-306 Guarantee

A. Owners and operators may satisfy the requirements of R18-12-303 by obtaining a guarantee that conforms to the requirements of this Section. The guarantor shall be either one of the following:

1. A firm that meets any one of the following descriptions:

a. Possesses a controlling interest in the owner or operator,

b. Possesses a controlling interest in a firm described under subsection (A)(1)(a),

c. Is controlled through stock ownership by a common parent firm that possesses a controlling interest in the owner or operator.

2. A firm engaged in a substantial business relationship with the owner or operator and who issues the guarantee as an act incident to that business relationship.

B. Within 120 days of the close of each financial reporting year, the guarantor shall demonstrate that it meets the financial test criteria of R18-12-305 based on year-end financial statements for the latest completed financial reporting year by completing the letter from the chief financial officer described in R18-12-305(D) and shall deliver the letter to the owner or operator. If the guarantor fails to meet the requirements of the financial test at the end of any financial reporting year, within 120 days of the end of that financial reporting year the guarantor shall send by certified mail, before cancellation or nonrenewal of the guarantee, notice to owners or operators. If the Director notifies the guarantor that the guarantor no longer meets the requirements of the financial test of R18-12-305(B) or (C) and (D), the guarantor shall notify owners and operators within 10 days of receiving such notification from the Director. In both cases, the guarantee terminates no less than 120 days after the date the owner and operator receives the notification, as evidenced by the return receipt. Owners and operators shall obtain alternate coverage as specified in R18-12-318.

C. The guarantee shall be worded as provided in 40 CFR 280.96(c), amended as of October 13, 2015, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

D. Owners and operators who use a guarantee to satisfy the requirements of R18-12-303 shall establish a standby trust fund when the guarantee is obtained. Under the terms of the guarantee, all amounts paid by the guarantor under the guarantee will be deposited directly into the standby trust fund in accordance with instructions from the Director under R18-12-322 . This standby trust fund shall meet the requirements specified in R18-12-313.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-307 Insurance and Risk Retention Group Coverage

A. Owners and operators may satisfy the requirements of R18-12-303 by obtaining liability insurance that conforms to the requirements from a qualified insurer or risk retention group. Such insurance may be in the form of a separate insurance policy or an endorsement to an existing insurance policy.

B. Each insurance policy shall be amended by an endorsement worded as specified in 40 CFR 280.97(b)(1) amended as of October 13, 2015, or evidenced by a certificate of insurance worded as specified in 40 CFR 280.97(b)(2), amended as of October 13, 2015, except that instructions in brackets shall be replaced with the relevant information and the brackets deleted. Termination under 40 CFR 280.97(b)(1) and (2) as referenced in this Section means only those changes that could result in a gap in coverage as where the insured has not obtained substitute coverage or has obtained substitute coverage with a different retroactive date than the retroactive date of the original policy.

C. Each insurance policy shall be issued by an insurer or a risk retention group that, at a minimum, is licensed to transact the business of insurance or eligible to provide insurance as an excess or surplus lines insurer in one or more states.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-308 Surety Bond

A. Owners and operators may satisfy the requirements of R18-12-303 by obtaining a surety bond that conforms to the requirements of this Section. The surety company issuing the bond shall be among those listed as acceptable sureties on federal bonds in the most recent Circular 570 of the U.S. Department of the Treasury.

B. The surety bond shall be worded as provided in 40 CFR 280.98(b), amended as of October 13, 2015, except that instructions in brackets shall be replaced with the relevant information and the brackets deleted.

C. Under the terms of the bond, the surety shall become liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond. In all cases, the surety's liability is limited to the per-occurrence and annual aggregate penal sums.

D. Owners and operators who use a surety bond to satisfy the requirements of R18-12-303 shall establish a standby trust fund when the surety bond is acquired. Under the terms of the bond, all amounts paid by the surety under the bond shall be deposited directly into the standby trust fund in accordance with instructions from the Director under R18-12-322 . This standby trust fund shall meet the requirements specified in R18-12-313.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-309 Letter of Credit

A. Owners and operators may satisfy the requirements of R18-12-303 by obtaining an irrevocable standby letter of credit that conforms to the requirements of this Section. The issuing institution shall be an entity that has the authority to issue letters of credit in this state and whose letter of credit operations are regulated and examined by a federal or state agency.

B. The letter of credit shall be worded as provided in 40 CFR 280.99(b), amended as of October 13, 2015, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

C. Owners and operators who use a letter of credit to satisfy the requirements of R18-12-303 shall also establish a standby trust fund when the letter of credit is acquired. Under the terms of the letter of credit, all amounts paid pursuant to a draft by the Director shall be deposited by the issuing institution directly into the standby trust fund in accordance with instructions from the Director under R18-12-322 . This standby trust fund shall meet the requirements specified in R18-12-313.

D. The letter of credit shall be irrevocable with a term specified by the issuing institution. The letter of credit shall provide that credit be automatically renewed for the same term as the original term unless, at least 120 days before the current expiration date, the issuing institution notifies the owner or operator by certified mail of its decision not to renew the letter of credit. Under the terms of the letter of credit, the 120 days shall begin on the date when the owner or operator receives the notice, as evidenced by the return receipt.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-310 Certificate of Deposit

A. Owners and operators may satisfy the corrective action requirements, but not the 3rd-party compensation requirements, of R18-12-303 by obtaining an irrevocable certificate of deposit and preparing a Certification and Agreement that conforms to the requirements of this Section. The issuing institution shall meet all of the following:

1. Has the authority to issue certificates of deposit in Arizona,

2. Certificate of deposit operations are regulated and examined by a federal or state agency,

3. Is a member of the Federal Deposit Insurance Corporation.

B. The certificate of deposit may be used for the full required amount of corrective action coverage. Alternatively, it may be used for part of the required amount of corrective action coverage when used in combination with other mechanisms allowed under this Article which provide the remaining amount of coverage. In all cases, the full required amount of 3rd-party compensation coverage shall be met with another mechanism or mechanisms allowed under this Article.

C. Owners and operators who use a certificate of deposit to meet the corrective action requirements of R18-12-303 shall comply with all of the following:

1. The certificate of deposit document and the records of the issuing institution shall designate the Department as the sole payee. The original certificate of deposit, a blank signature card, and the certification and agreement executed in accordance with subsection (D) shall be submitted to the Department. The Department shall return the signature card to the issuing institution with the current Director's signature and the signature of an alternative person designated by the Director affixed;

2. If the issuing institution is unwilling or unable to prepare a certificate of deposit made payable only to the Department, the owner or operator and the issuing institution shall prepare and execute an assignment in the presence of a notary public with a copy provided to the issuing institution which allows only the Department access to the certificate of deposit;

3. The owner or operator's Social Security or Tax Identification number shall appear on the certificate of deposit;

4. All interest accrued on the certificate of deposit shall be applied back to the certificate of deposit;

5. Upon verification by the Department that the requirements of this Article are met using another mechanism or combination of mechanisms, the owner or operator may submit a written request to the Director for release of the certificate of deposit. Within 30 days of receipt of the request from the owner or operator under this subsection, the Director shall release to the owner or operator the certificate of deposit and the certification and agreement.

D. The owner or operator shall prepare, execute, and submit to the Department and the issuing institution a Certification and Agreement which shall be worded as shown in Appendix A except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

E. The certificate of deposit shall be irrevocable with an automatically renewable term, the length of which may be specified by owners and operators. The initial term and the automatic renewal term shall be stated on the certificate of deposit.

F. The Department may present for payment any certificate of deposit to the issuing institution and receive cash if either of the following occur:

1. The owner or operator reports a release in accordance with A.R.S. § 49-1004 from an underground storage tank covered by the certificate of deposit and makes a written request to the Director for payment of corrective action expenses required under A.R.S. § 49-1005. If a request for payment is made the owner or operator shall submit an invoice for corrective action services which have been performed as required under A.R.S. § 49-1005;

2. The conditions of R18-12-322(B)(1) exist.

G. The Department shall pay, from funds received from cashing the certificate of deposit, corrective action expenses if they are determined to be reasonable and necessary.

H. The Director shall, within 30 days of the date on which the certificate of deposit is cashed, return to the owner or operator any funds received from cashing the certificate of deposit which are in excess of the amount of financial responsibility being demonstrated by the certificate of deposit. The Director shall place funds received from the certificate of deposit which have not been used to meet the expenses payable under subsection (G) in the UST Revolving Fund until such time as they are needed. If upon completion of all corrective action, as evidenced by a corrective action closure letter issued by the Department, the costs incurred for corrective action are less than the amount received from cashing of the certificate of deposit, any excess funds remaining after final payment shall be refunded to the owner or operator within 30 days of receipt by the Department of a written request for refund.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-311 [Repealed]

History

• Adopted effective July 30, 1996 (Supp. 96-3). Repealed by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-312 Trust Fund

A. Owners and operators may satisfy the requirements of R18-12-303 by establishing a trust fund that conforms to the requirements of this Section. The trustee shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the state in which the fund is established.

B. The wording of the trust agreement shall be identical to the wording specified in 40 CFR 280.103(b)(1), amended as of October 13, 2015, and shall be accompanied by a formal certification of acknowledgment as specified in 40 CFR 280.103(b)(2), amended as of October 13, 2015.

C. The trust fund, when established, shall be funded for the full required amount of coverage, or funded for part of the required amount of coverage and used in combination with other mechanisms that provide the remaining required coverage.

D. If the value of the trust fund is greater than the required amount of coverage, the owner or operator may submit a written request to the Director for release of the excess.

E. If other financial assurance as specified in the Sections R18-12-305 through R18-12-311 and R18-12-314 through R18-12-317 is substituted for all or part of the trust fund, the owner or operator may submit a written request to the Director for release of the excess.

F. Within 60 days after receiving a request from the owner or operator for release of funds as specified in subsections (D) or (E) the Director shall instruct the trustee to release to the owner or operator such funds as the Director specifies in writing.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-313 Standby Trust Fund

A. Owners and operators using any one of the mechanisms authorized by R18-12-306, R18-12-308, and R18-12-309 shall establish a standby trust fund when the mechanism is acquired. The trustee of the standby trust fund shall be an entity that has the authority to act as a trustee and whose trust operations are regulated and examined by a federal agency or an agency of the state in which the fund is established.

B. The standby trust agreement shall be worded as provided in 40 CFR 280.103(b) (1) and 40 CFR 280.103(b)(2), amended as of October 13, 2015, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted.

C. The Director shall instruct the trustee to refund the balance of the standby trust fund to the provider of financial assurance if the Director determines that no additional corrective action costs or 3rd-party liability claims will occur as a result of a release covered by the financial assurance mechanism for which the standby trust fund was established.

D. Owners and operators may establish one standby trust fund as the depository mechanism for all funds assured in compliance with this Article.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-314 Local Government Bond Rating Test

A. General purpose local government owners and operators or a local government serving as a guarantor that has the legal authority to issue general obligation bonds may satisfy the requirements of R18-12-303 by having a currently outstanding issue or issues of general obligation bonds of $1 million or more, excluding refunded, with a Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB. If a local government has multiple outstanding issues, or if a local government's bonds are rated by both Moody's and Standard and Poor's, the lowest rating shall be used to determine eligibility. Bonds that are backed by credit enhancement other than municipal bond insurance may not be considered in determining the amount of applicable bonds outstanding.

B. Local government owners and operators or a local government serving as a guarantor that is not a general purpose local government and does not have the legal authority to issue general obligation bonds may satisfy the requirements of R18-12-303 by having a currently outstanding issue or issues of revenue bonds of $1 million or more, excluding refunded issues and by also having a Moody's rating of Aaa, Aa, A, or Baa, or a Standard & Poor's rating of AAA, AA, A, or BBB as the lowest rating for any rated revenue bond issued by the local government. If bonds are rated by both Moody's and Standard & Poor's, the lower rating for each bond shall be used to determine eligibility. Bonds that are backed by credit enhancement may not be considered in determining the amount of applicable bonds outstanding.

C. Local government owners and operators, or a guarantor, or both, shall maintain a copy of its bond rating published within the last 12 months by Moody's or Standard & Poor's.

D. To demonstrate that it meets the local government bond rating test, the chief financial officer of a general purpose local government owner or operator, or the guarantor, or both, shall sign a letter worded exactly as provided in 40 CFR 280.104(d), amended as of October 13, 2015, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted.

E. To demonstrate that it meets the local government bond rating test, the chief financial officer of a local government owner and operator, or the guarantor, or both, shall sign a letter worded exactly as provided in 40 CFR 280.104(e), amended as of October 13, 2015, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted.

F. The Director may require reports of financial condition at any time from local government owners and operators, or the local government guarantor, or both. If the Director finds, on the basis of such reports or other information, that the local government owner or operator, or the guarantor, or both, no longer meets the local government bond rating test requirements of this Section, the local government owner or operator shall obtain alternative coverage within 30 days after notification of such a finding.

G. If local government owners and operators using the bond rating test to provide financial assurance finds that it no longer meets the bond rating test requirements, the local government owner or operator shall obtain alternative coverage within 150 days of the change in status.

H. If the local government owner or operator fails to obtain alternate assurance within 150 days of finding that it no longer meets the requirements of the bond rating test or within 30 days of notification by the Director that it no longer meets the requirements of the bond rating test, the owner or operator shall notify the Director of such failure within 10 days.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-315 Local Government Financial Test

A. Local government owners and operators may satisfy the requirements of R18-12-303 by passing the financial test specified in this Section. To be eligible to use the financial test, local government owners and operators shall have the ability and authority to assess and levy taxes or to freely establish fees and charges. To pass the local government financial test, owners and operators shall meet the criteria of subsections (B)(2) and (3) based on year-end financial statements for the latest completed fiscal year.

B. To pass the local government financial test, owners and operators shall meet all of the following:

1. Local government owners and operators shall have the following information available, as shown in the year-end financial statements for the latest completed fiscal year:

a. Total revenues: consists of the sum of general fund operating and non-operating revenues including net local taxes, licenses and permits, fines and forfeitures, revenues from use of money and property, charges for services, investment earnings, sales such as property or publications, intergovernmental revenues whether or not restricted, and total revenues from all other governmental funds including enterprise, debt service, capital projects, and special revenues, but excluding revenues to funds held in a trust or agency capacity. For purposes of this test, the calculation of total revenues shall exclude all interfund transfers between funds under the direct control of the local government using the financial test, liquidation of investments, and issuance of debt;

b. Total expenditures: consists of the sum of general fund operating and non-operating expenditures including public safety, public utilities, transportation, public works, environmental protection, cultural and recreational, community development, revenue sharing, employee benefits and compensation, office management, planning and zoning, capital projects, interest payments on debt, payments for retirement of debt principal, and total expenditures from all other governmental funds including enterprise, debt service, capital projects, and special revenues. For purposes of this test, the calculation of total expenditures shall exclude all interfund transfers between funds under the direct control of the local government using the financial test;

c. Local revenues: consists of total revenues, as defined in subsection (B)(1)(a), minus the sum of all transfers from other governmental entities, including all monies received from federal, state, or local government sources;

d. Debt service: consists of the sum of all interest and principal payments on all long-term credit obligations and all interest-bearing short-term credit obligations. It includes interest and principal payments on general obligation bonds, revenue bonds, notes, mortgages, judgments, and interest bearing warrants. It excludes payments on non-interest-bearing short-term obligations, interfund obligations, amounts owed in a trust or agency capacity, and advances and contingent loans from other governments;

e. Total funds: consists of the sum of cash and investment securities from all funds, including general, enterprise, debt service, capital projects, and special revenue funds, but excluding employee retirement funds, at the end of the local government's financial reporting year. It includes federal securities, federal agency securities, state and local government securities, and other securities such as bonds, notes, and mortgages. For purposes of this test, the calculation of total funds shall exclude agency funds, private trust funds, accounts receivable, value of real property, and other non-security assets.

2. The local government's year-end financial statements, if independently audited, cannot include an adverse auditor's opinion or a disclaimer of opinion. The local government cannot have outstanding issues of general obligation or revenue bonds that are rated as less than investment grade.

Local government owners and operators shall have a letter signed by the chief financial officer worded as specified in subsection (C).

C. To demonstrate that it meets the financial test under subsection (B), the chief financial officer of the local government owner or operator shall sign, within 120 days of the close of each financial reporting year, as defined by the 12-month period for which financial statements used to support the financial test are prepared, a letter worded exactly as provided in 40 CFR 280.105(c), amended as of October 13, 2015, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted.

D. If local government owners and operators using the test to provide financial assurance find that it no longer meets the requirements of the financial test based on the year-end financial statements, the owner or operator shall obtain alternative coverage within 150 days of the end of the year for which financial statements have been prepared.

E. The Director may require reports of financial condition at any time from local government owners and operators. If the Director finds, on the basis of such reports or other information, that the local government owner or operator no longer meets the financial test requirements of subsections (B) and (C), the owner or operator shall obtain alternate coverage within 30 days after notification of such a finding.

F. If the local government owner or operator fails to obtain alternate assurance within 150 days of finding that it no longer meets the requirements of the financial test based on the year-end financial statements or within 30 days of notification by the Director that it no longer meets the requirements of the financial test, the owner or operator shall notify the Director of such failure within 10 days.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-316 Local Government Guarantee

A. Local government owners and operators may satisfy the requirements of R18-12-303 by obtaining a guarantee that conforms to the requirements of this Section. The guarantor shall be either the state in which the local government owner or operator is located or a local government having a "substantial governmental relationship" with the owner or operator and issuing the guarantee as an act incident to that relationship. A local government acting as the guarantor shall meet the requirements of one of the following:

Demonstrate that it meets the bond rating test requirements of R18-12-314 and deliver a copy of the chief financial officer's letter as contained in R18-12-314(D) or R18-12-314(E) to the local government owner or operator;

2. Demonstrate that it meets the financial test requirements of R18-12-315 and deliver a copy of the chief financial officer's letter as contained in R18-12-315(C) to the local government owner or operator;

3. Demonstrate that it meets the local government fund requirements of R18-12-317(A)(1), R18-12-317(A)(2) or R18-12-317(A)(3) and deliver a copy of the chief financial officer's letter as contained in R18-12-317(B) to the local government owner or operator.

B. If the local government guarantor is unable to demonstrate financial assurance under R18-12-314, R18-12-315, R18-12-317(A)(1), R18-12-317(A)(2) or R18-12-317(A)(3), at the end of the financial reporting year, the guarantor shall send by certified mail, before cancellation or non-renewal of the guarantee, notice to the owner or operator. The guarantee will terminate no less than 120 days after the date the owner or operator receives the notification, as evidenced by the return receipt. The owner or operator shall obtain alternative coverage as specified in R18-12-318.

C. The guarantee agreement shall be worded as specified in subsection (D) or (E), depending on which of the following alternative guarantee arrangements is selected:

1. If, in the default or incapacity of the owner or operator, the guarantor guarantees to fund a standby trust as directed by the Director, the guarantee shall be worded as specified in subsection (D);

2. If, in the default or incapacity of the owner or operator, the guarantor guarantees to make payments as directed by the Director for taking corrective action or compensating 3rd parties for bodily injury and property damage, the guarantee shall be worded as specified in subsection (E).

D. If the guarantor is a state, the "local government guarantee with standby trust made by a state" shall be worded exactly as provided in 40 CFR 280.106(d), amended as of October 13, 2015, except that instructions in brackets are to be replaced with relevant information and the brackets deleted. If the guarantor is a local government, the "local government guarantee with standby trust made by a local government" shall be worded exactly as provided in 40 CFR 280.106(d), amended as of October 13, 2015, except that instructions in brackets are to be replaced with relevant information and the brackets deleted.

E. If the guarantor is a state, the "local government guarantee without standby trust made by a state" shall be worded exactly as provided in 40 CFR 280.106(e), amended as of October 13, 2015, except that instructions in brackets are to be replaced with relevant information and the brackets deleted. If the guarantor is a local government, the "local government guarantee without standby trust made by a local government" shall be worded exactly as provided in 40 CFR 280.106(e), amended as of October 13, 2015, except that instructions in brackets are to be replaced with relevant information and the brackets deleted.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-317 Local Government Fund

A. Local government owners and operators may satisfy the requirements of R18-12-303 by establishing a dedicated fund account that conforms to the requirements of this Section. Except as specified in subsection (A)(2), a dedicated fund may not be commingled with other funds or otherwise used in normal operations. A dedicated fund shall be considered eligible if it meets one of the following requirements:

1. The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order to pay for taking corrective action and for compensating 3rd parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks and is funded for the full amount of coverage required under R18-12-303, or funded for part of the required amount of coverage and used in combination with other mechanisms that provide the remaining coverage;

2. The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance, or order as a contingency fund for general emergencies, including taking corrective action and compensating 3rd parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks, and is funded for five times the full amount of coverage required under R18-12-303, or funded for part of the required amount of coverage and used in combination with other mechanisms that provide the remaining coverage. If the fund is funded for less than five times the amount of coverage required under R18-12-303, the amount of financial responsibility demonstrated by the fund may not exceed 1/5 the amount in the fund;

3. The fund is dedicated by state constitutional provision, or local government statute, charter, ordinance or order to pay for taking corrective action and for compensating 3rd parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks. A payment is made to the fund once every year for seven years until the fund is fully-funded. This seven-year period is referred to as the "pay-in-period." The amount of each payment shall be determined by the following formula:

TF - CF / Y

where TF is the total required financial assurance for the owner or operator, CF is the current amount in the fund, and Y is the number of years remaining in the pay-in-period, and one of the following is met:

a. The local government owner or operator has available bonding authority, approved through voter referendum, if such approval is necessary prior to the issuance of bonds, for an amount equal to the difference between the required amount of coverage and the amount held in the dedicated fund. This bonding authority shall be available for taking corrective action and for compensating 3rd parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks;

b. The local government owner or operator has a letter signed by the state attorney general stating that the use of the bonding authority will not increase the local government's debt beyond the legal debt ceilings established by the relevant state laws. The letter shall also state that prior voter approval is not necessary before use of the bonding authority.

B. To demonstrate that it meets the requirements of the local government fund, the chief financial officer of the local government owner or operator, or guarantor, or both, shall sign a letter worded exactly as provided in 40 CFR 280.107(d), amended as of October 13, 2015, except that the instructions in brackets are to be replaced by the relevant information and the brackets deleted.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-318 Substitution of Financial Assurance Mechanisms by Owner or Operator

A. An owner or operator may substitute any alternate financial assurance mechanisms as specified in R18-12-305 through R18-12-312 and R18-12-314 through R18-12-317, if at all times the owner or operator maintains an effective financial assurance mechanism or combination of mechanisms that satisfies the requirements of R18-12-303.

B. After obtaining alternate financial assurance as specified in R18-12-305 through R18-12-312 and R18-12-314 through R18-12-317, an owner or operator may cancel a financial assurance mechanism by providing notice to the provider of financial assurance.

C. Upon replacement of any financial assurance mechanism, the owner or operator shall forward evidence of financial responsibility and certification of financial responsibility to the Department as required in R18-12-301(C).

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-319 Cancellation or Nonrenewal by a Provider of Financial Assurance

A. Except as otherwise provided, a provider of financial assurance may cancel or fail to renew an assurance mechanism by sending a notice of termination by certified mail to the owner or operator in accordance with one of the following:

1. Termination of a local government guarantee, guarantee, surety bond, or letter of credit shall not occur until 120 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt;

2. Termination of insurance or risk retention group coverage, or state-funded assurance, except for non-payment of premium or misrepresentation by the insured, shall not occur until 60 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt. Termination for non-payment of premium or misrepresentation by the insured shall not occur until a minimum of 10 days after the date on which the owner or operator receives the notice of termination, as evidenced by the return receipt.

B. If a provider of financial responsibility cancels or fails to renew for reasons other than incapacity of the provider as specified in R18-12-324, the owner or operator shall obtain alternate coverage as specified in this Article within 60 days after receipt of the notice of termination. If the owner or operator fails to obtain alternate coverage within 60 days after receipt of the notice of termination, the owner or operator shall notify the Director of such failure and submit all of the following:

1. The name and address of the provider of financial assurance,

2. The effective date of termination,

3. The evidence of the financial assurance mechanism subject to the termination submitted in accordance with R18-12-301.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-320 Reporting by Owner or Operator

A. An owner or operator shall submit documented evidence of financial responsibility as described under R18-12-301(C) to the Director according to the following:

Within 30 days after the owner or operator identifies a release from an underground storage tank required to be reported under A.R.S. § 49-1004 and the rules promulgated thereunder.

2. If the owner or operator fails to obtain alternate coverage as required by R18-12-319(B), within 30 days after the owner or operator receives notice of any one of the following:

a. Commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a provider of financial assurance as a debtor;

b. Suspension or revocation of the authority of a provider of financial assurance to issue a financial assurance mechanism;

c. Failure of a guarantor to meet the requirements of the financial test;

d. Other incapacity of a provider of financial assurance.

As required by R18-12-305(G) and R18-12-319(B).

B. An owner or operator shall include in the initial or updated Notification Form a certification of compliance with the financial responsibility requirements of this Article.

C. The Director may, at any time, require owners and operators to submit evidence of financial assurance as described in R18-12-301 or other information relevant to compliance with A.R.S. §§ 49-1006 through 49-1006.02 and this Article.

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-321 [REPEALED]

History

• Adopted effective September 21, 1992 (Supp. 92-3). Repealed effective July 30, 1996 (Supp. 96-3).

Ariz. Admin. Code § R18-12-322 Drawing on Financial Assurance Mechanisms

A. Except as provided in subsection (D), the Director shall require the guarantor, surety, or institution issuing a letter of credit to place the amount of funds stipulated by the Director, up to the limit of funds provided by the financial assurance mechanism, into the standby trust if either of the following circumstances exist:

1. Occurrence of both of the following circumstances:

a. The owner or operator fails to establish alternate financial assurance within 60 days after receiving notice of cancellation of the guarantee, surety bond, letter of credit, or, as applicable, other financial assurance mechanism; and

b. The Director determines or has reason to believe that a release from an underground storage tank covered by the financial assurance mechanism has occurred and so notifies the owner or operator, or the owner or operator notify the Director pursuant to A.R.S. § 49-1004 and the rules promulgated thereunder of a release from an underground storage tank covered by the financial assurance mechanism.

2. The conditions of subsections (B)(1), (2), or (3) are satisfied.

B. The Director may draw on a certificate of deposit or standby trust fund when any of the following occurs:

1. The Director makes a final determination that a release has occurred and immediate or long-term corrective action for the release is needed, and the owner or operator, after appropriate notice and opportunity to comply, has not conducted corrective action as required under A.R.S. § 49-1005 and the rules promulgated thereunder;

2. The Director receives a certification from the owner or operator and the 3rd-party liability claimant and from attorneys representing the owner or operator and the 3rd-party liability claimant that a 3rd-party liability claim should be paid. The certification shall be worded as provided in 40 CFR 280.112(b)(2)(i), amended as of October 13, 2015, except that instructions in brackets are to be replaced with the relevant information and the brackets deleted; or

3. The Director receives a valid final court order establishing a judgment against the owner or operator for bodily injury or property damage caused by an accidental release from an underground storage tank covered by financial assurance under this Article and the Director determines that the owner or operator has not satisfied the judgment.

C. If the Director determines that the amount of corrective action costs and 3rd-party liability claims eligible for payment under subsection (B) may exceed the balance of the certificate of deposit or standby trust fund and the obligation of the provider of financial assurance, the first priority for payment shall be corrective action costs necessary to protect human health and the environment. The Director shall pay 3rd-party liability claims in the order in which the Director receives certifications under subsection (B)(2) and valid court orders under subsection (B)(3).

D. A governmental entity acting as guarantor under R18-12-316(E), the local government guarantee without standby trust, shall make payments as directed by the Director under the circumstances described in subsections (A), (B), and (C).

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-323 Release from Financial Responsibility Requirements

Owners and operators are no longer required to maintain financial responsibility under this Article for an underground storage tank after the tank has completed permanent closure or change-in-service in accordance with the requirements of A.R.S. § 49-1008 and the rules promulgated thereunder or, if corrective action is required, after corrective action has been completed and the tank has completed permanent closure or change-in-service under A.R.S § 49-1008 and the rules promulgated thereunder.

History

• Adopted effective July 30, 1996 (Supp. 96-3).

Ariz. Admin. Code § R18-12-324 Bankruptcy or Other Incapacity of Owner, Operator, or Provider of Financial Assurance

A. Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming an owner or operator as debtor, owners and operators shall notify the Director by certified mail of such commencement and submit the appropriate forms listed in R18-12-301 documenting current financial responsibility.

B. Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing financial assurance as debtor, such guarantor shall notify the owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in R18-12-306.

C. Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a local government owner or operator as debtor, the local government owner or operator shall notify the Director by certified mail of such commencement and submit the appropriate forms listed in R18-12-301 documenting current financial responsibility.

D. Within 10 days after commencement of a voluntary or involuntary proceeding under Title 11 (Bankruptcy), U.S. Code, naming a guarantor providing a local government financial assurance as debtor, such guarantor shall notify the local government owner or operator by certified mail of such commencement as required under the terms of the guarantee specified in R18-12-316.

E. An owner or operator who obtains financial assurance by a mechanism other than the financial test of self-insurance will be deemed to be without the required financial assurance in the event of a bankruptcy or incapacity of its provider of financial assurance, or a suspension or revocation of the authority of the provider of financial assurance to issue a guarantee, insurance policy, risk retention group coverage policy, surety bond, letter of credit, or certificate of deposit. The owner or operator shall obtain alternate financial assurance as specified in this Article within 30 days after receiving notice of such an event. If the owner or operator does not obtain alternate coverage within 30 days after such notification, the owner or operator shall notify the Director.

F. Within 30 days after receipt of notification that a state fund or other state assurance has become incapable of paying for assured corrective action costs or 3rd-party liability compensation, owners and operators shall obtain alternate financial assurance.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-325 Replenishment of Guarantees, Letters of Credit, or Surety Bonds

A. If a standby trust is funded upon the instruction of the Director with funds drawn from a guarantee, local government guarantee with standby trust, letter of credit, or surety bond, and if the amount in the standby trust is reduced below the full amount of coverage required, the owner or operator shall by the anniversary date of the financial mechanism from which the funds were drawn:

1. Replenish the value of financial assurance to equal the full amount of coverage required; or

2. Acquire another financial assurance mechanism for the amount by which funds in the standby trust have been reduced.

B. For purposes of this Section, the full amount of coverage required is the amount of coverage to be provided under R18-12-303 . If a combination of mechanisms was used to provide the assurance funds which were drawn upon, replenishment shall occur by the earliest anniversary date among the mechanisms.

History

• Adopted effective July 30, 1996 (Supp. 96-3). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Article 4 UNDERGROUND STORAGE TANK EXCISE TAX

Ariz. Admin. Code § R18-12-401 [REPEALED]

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently adopted with changes effective December 26, 1991 (Supp. 91-4). Repealed effective July 30, 1996 (Supp. 96-3).

Ariz. Admin. Code § R18-12-402 Duties and Responsibilities of a Supplier; Certain Regulated Substances

The duties and responsibilities of a supplier with respect to a regulated substance that is refined, manufactured, produced, compounded, or blended in this state, or imported into this state by the supplier, as described by this Article are imposed only to the extent that the regulated substance is also aviation fuel, diesel, or motor vehicle fuel.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently adopted with changes effective December 26, 1991 (Supp. 91-4).

Ariz. Admin. Code § R18-12-403 Periodic Payments; Deductions

A. On or before the 25th day of each month, a supplier shall pay to the Director of the Department of Transportation an amount equal to one cent for each gallon of regulated substance which is refined, manufactured, produced, compounded, or blended in this state or imported into this state by the supplier during the preceding month.

B. A supplier may deduct from the payments required to be made under subsection (A) either or both of the following amounts:

1. An amount equal to the product of one cent multiplied by the number of gallons of regulated substance sold or delivered to a person to whom an exemption certificate has been issued pursuant to R18-12-410(C) or to whom an exemption certificate number has been assigned pursuant to R18-12-410(D) during the month for which the supplier is making a payment.

2. An amount equal to the sum of the amounts of refunds approved by the Department under R18-12-409 and submitted to the Department of Transportation during the month for which the supplier is making a payment.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently adopted effective December 26, 1991 (Supp. 91-4).

Ariz. Admin. Code § R18-12-404 Reporting requirements for suppliers

A. On or before the 25th day of each month, a supplier shall submit a monthly summary report on forms prescribed by the Department pursuant to subsection (B) indicating all gallons acquired and sold by that supplier during the preceding month. A supplier shall submit a monthly summary report even if the supplier is not making a payment as described in R18-12-403 . The monthly report shall be accompanied by schedules prescribed for the purpose of obtaining detailed information about the gallons acquired and sold by that supplier. The forms and schedules shall be prescribed by the Department and may include forms and schedules prescribed by the Department of Transportation for the administration of the motor vehicle fuel tax. A written or computerized report setting forth all information required on the prescribed forms and schedules will be accepted in lieu of a report on the prescribed form. The report and schedules shall contain the following information:

1. The number of gallons in the supplier's inventory at the beginning of the reporting period.

2. The number of gallons brought into Arizona during the report period for which the supplier is reporting and for which the supplier is paying tax, including date shipped, the name of the person from whom the regulated substance was acquired, the shipping point, manifest or pipeline shipment number, Arizona destination, and type of regulated substance.

3. The number of gallons blended or compounded in Arizona during the report period that the supplier is reporting and on which the supplier is paying tax, including date blended or compounded, and the types of constituent substances being blended or compounded.

4. The number of gallons which are tax due.

5. The number of gallons acquired tax paid during the report period including date shipped, shipping point, name and account number of supplier, invoice number, Arizona destination, and type of regulated substance.

6. The total number of gallons that are tax due and tax paid.

7. The number of gallons sold tax paid to suppliers during the report period, including date shipped, shipping point, name and account number of supplier, invoice number, Arizona destination, and type of regulated substance.

8. The number of gallons sold as tax exempt sales during the report period, including date sold, name of person claiming exempt sale, delivery address of regulated substance sold, exemption certificate number utilized for sale, invoice number, and type of regulated substance.

9. The number of gallons sold to underground storage tank owners during the report period, including total gallons for each type of regulated substance sold.

10. The number of gallons sold exported to destinations outside of Arizona during the report period including date sold, Arizona shipping point, name of purchaser outside of Arizona, invoice number, out-of-state destination and type of regulated substance.

11. The number of gallons of regulated substance sold or exported.

12. The ending book inventory indicating the gallon difference between the number of gallons received tax due and tax paid and the number of gallons sold or exported.

13. The ending physical inventory indicating the number of gallons in the person's inventory at the end of the report period including location of Arizona storage.

14. The gallon difference between ending book inventory and ending physical inventory.

B. The monthly report described in subsection (A) is considered to be the return form required by A.R.S. § 28-6003(A).

C. On or before March 31 of any year, each supplier shall submit to the Department of Transportation an annual report indicating the name and owner identification number of each underground storage tank owner or operator to whom the supplier made a sale during the preceding calendar year and the total number of gallons sold annually to that owner or operator by type of regulated substance. The Department of Transportation, for good cause, may extend the time for making the annual report required by this subsection.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently adopted with changes effective December 26, 1991 (Supp. 91-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-405 Invoice requirement for suppliers

Except as otherwise provided in R18-12-410(E), a supplier shall provide the underground storage tank excise tax associated with that sale, stated as a separate item, on the invoice for each sale of a regulated substance:

1. The supplier identification number assigned to that supplier by the Department of Transportation.

2. Except as otherwise provided in R18-12-410(E), the underground storage tank excise tax associated with that sale, stated as a separate item.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently adopted effective December 26, 1991 (Supp. 91-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-406 Reports and Returns, Net Gallons Required to be Indicated

All reports and returns submitted pursuant to this Article shall indicate net gallons in any instance where the number of gallons of regulated substances are required to be reported.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently adopted effective December 26, 1991 (Supp. 91-4).

Ariz. Admin. Code § R18-12-407 Payment of Tax; Annual Return

A. A taxpayer shall pay the tax as measured by the quantity of regulated substances placed in an underground storage tank owned or operated by the taxpayer in any calendar year. The tax shall be paid at the rate of one cent for each gallon of regulated substance.

B. The tax is due and payable annually on or before March 31 for the preceding calendar year. The tax is delinquent if it is not postmarked on or before that date or if it is not received by the Department on or before March 31 for taxpayers electing to file in person.

C. At the time that the tax is paid, the taxpayer shall prepare and file with the tax an annual return on a form prescribed by the Director. The taxpayer shall provide all of the following information:

1. The owner identification number of the owner of the tank.

2. The taxpayer's name and address, including street number and name, post office box, city, state, county, and zip code.

3. The time period covered by the return.

4. The total number of storage facilities reported on by the return.

5. The types of regulated substances placed in underground storage tanks during the calendar year covered by the return.

6. The total number of gallons of regulated substances, by type and by facility identification number, placed in underground storage tanks during the calendar year covered by the return.

7. The supplier identification number of each supplier from whom the taxpayer received regulated substances which were placed in underground storage tanks.

8. The tax due, by type of regulated substance.

9. The tax paid, by type of regulated substance.

10. Any credits or refunds claimed, by type of regulated substance and by exemption certificate number.

11. The total tax due.

D. The taxpayer shall sign a sworn statement or otherwise certify, under penalty of perjury, that the information contained in the return is true, complete, and correct according to the best belief and knowledge of the taxpayer filing the report.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently with changes adopted effective December 26, 1991 (Supp. 91-4).

Ariz. Admin. Code § R18-12-408 Statement of tax responsibility

The tax shall be collected from the owner of an underground storage tank unless the owner and the operator of the underground storage tank file a statement with the Department designating the operator as primarily responsible for the tax.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently adopted effective December 26, 1991 (Supp. 91-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-409 Refunds

A. Any person who pays the tax but is not liable for the tax under A.R.S. Title 49, Chapter 6 may claim a refund of the tax paid.

B. A claim for a refund shall be submitted on forms prescribed by the Director. A person claiming a refund shall provide the following information:

1. The name, address and telephone number of the person claiming the refund.

The facility name.

3. The facility location.

4. The supplier identification number.

5. The type of regulated substances.

6. The number of gallons of regulated substances.

7. The date of the transaction for which the refund is claimed or the time period covered if the claim involves more than one transaction.

8. The reason justifying the payment of a refund.

9. The amount of tax paid and supporting documentation for the amount of refund claimed, including an invoice showing the tax paid as required by R18-12-405.

C. The person claiming the refund shall sign a sworn statement or otherwise certify, under penalty of perjury, that the information contained in the return is true, complete and correct.

D. If the Department determines that a person claiming a refund is entitled to the refund, the Department shall issue a refund payment. A person who has been denied a refund by the Department may request a hearing on the denial within 30 days after receiving notice of the denial. The hearing shall be conducted pursuant to A.R.S. § 41-1092.03 et seq .

E. Any person eligible to claim a refund of the tax may assign the claim to the person from whom the regulated substance was purchased. The assignee of the claim may claim the refund if the assignor of the claim certifies in writing to the assignee on forms prescribed by the Director that the assignor relinquishes all interest in the refund and will not also claim a refund from the Director. A copy of an invoice corresponding to the sale for which an assignment of a refund is sought shall accompany any assignment.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently with changes adopted effective December 26, 1991 (Supp. 91-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-410 Exemption certificates

A. Except as otherwise provided in subsection (D), any person who has claimed and has been awarded a refund of tax paid may apply for and be issued an exemption certificate as provided in this Section.

B. An application for an exemption certificate shall be submitted on a form prescribed by the Director. A person applying for an exemption certificate shall provide the following information:

1. The name, address, email, tax identification number, and telephone number of the person applying for the exemption certificate.

2. The facility name and the facility location of the storage facility for which the exemption certificate is sought, including the county, telephone number, and email.

3. The reason justifying the issuance of an exemption certificate.

4. A photo of each aboveground storage tank.

C. If the Department determines that the person applying for an exemption certificate is not liable for paying the tax, the Department shall issue the exemption certificate. A person who has been denied an exemption certificate may request a hearing on the denial within 30 days after receiving notice of the denial. The hearing shall be conducted pursuant to A.R.S. § 41-1092.03 et seq .

D. The following exemption certificate numbers are established to characterize the following circumstances:

1. Deliveries to storage facilities in Indian country: 00-0100001.

2. Deliveries to state-owned storage facilities: 00-0200002.

Deliveries to federally owned storage facilities: 00-0300003.

E. A supplier shall not include the tax in the amounts charged by the supplier for deliveries of regulated substances if the person to whom the regulated substances are delivered presents a valid exemption certificate.

History

• Temporary rule adopted effective July 3, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-3). Temporary rule readopted effective December 28, 1990, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 90-4). Temporary rule readopted effective June 28, 1991, pursuant to A.R.S. § 49-1031(H) and (I), effective for 180 days (Supp. 91-2). Temporary rule permanently with changes adopted effective December 26, 1991 (Supp. 91-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Article 5 FEES

Ariz. Admin. Code § R18-12-501 Fees

A. Each owner and operator of an underground storage tank who is required by A.R.S. § 49-1020 to pay annually to the Department a fee of $100.00 for each tank shall make the required payment on or before March 15 of each year.

B. For any check or other instrument used to pay the annual fees described in this Section that is returned to the Department as dishonored by the drawer's financial institution, the owner and operator of the tank shall pay a charge of $12.00.

C. An owner and operator of an underground storage tank may request in writing that the Department approve an alternate schedule for paying the fee required by A.R.S. § 49-1020. The Department will approve an alternate schedule if the following conditions are met:

1. The owner and the operator request and receive approval of the schedule from the Department before March 15 of the year for which the schedule is requested.

2. Each partial payment made under the schedule shall be equal to at least 25% of the total payment due on March 15.

3. The first partial payment is made on March 15 of the year for which the schedule is requested.

4. The total amount due is paid by September 15 of the year for which the schedule is requested.

History

• Adopted effective December 26, 1991 (Supp. 91-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Article 6 EXPIRED

Ariz. Admin. Code § R18-12-601 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective December 6, 1996 (Supp. 96-4). Section repealed; new Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-602 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-603 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-604 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-605 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-605.01 [REPEALED]

History

• Adopted under an exemption from A.R.S. Title 41, Chapter 6 pursuant to A.R.S. § 49-1014, and §§ 49-1052(B) and (O), effective August 15, 1996 (Supp. 96-3). Section repealed by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R18-12-606 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-607 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Amended effective September 14, 1995 (Supp. 95-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-607.01 [REPEALED]

History

• Adopted under an exemption from A.R.S. Title 41, Chapter 6 pursuant to A.R.S. § 49-1014, and §§ 49-1052(B) and (O), effective August 15, 1996 (Supp. 96-3). Section repealed by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2).

Ariz. Admin. Code § R18-12-608 Expired

History

• Emergency rule adopted effective September 21, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-3). Emergency expired. Emergency rule adopted again effective January 13, 1993, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 93-1). Adopted permanently with changes effective April 15, 1993 (Supp. 93-2). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-609 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-610 Expired

History

• Adopted effective September 21, 1992 (Supp. 92-3). Section repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-611 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-612 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-613 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-614 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-615 Expired

History

• New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Article 7 EXPIRED

Ariz. Admin. Code § R18-12-701 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-702 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-703 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-704 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-705 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Amended effective October 21, 1998 (Supp. 98-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-706 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Amended effective October 21, 1998 (Supp. 98-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-707 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Amended under an exemption from A.R.S. Title 41, Chapter 6 pursuant to A.R.S. § 49-1014, and §§ 49-1052(B) and (O), effective August 15, 1996 (Supp. 96-3). Amended effective October 21, 1998 (Supp. 98-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-708 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-709 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-710 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Amended effective October 21, 1998 (Supp. 98-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-711 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-712 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Amended effective October 21, 1998 (Supp. 98-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-713 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-714 Expired

History

• Adopted effective May 23, 1996 (Supp. 96-2). Amended effective October 21, 1998 (Supp. 98-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Article 8 TANK SERVICE PROVIDER CERTIFICATION

Ariz. Admin. Code § R18-12-801 Applicability

A. A person shall not perform tank service on an underground storage tank system unless the person is certified under this Article by the Department or is supervised by a person certified under this Article by the Department in accordance with R18-12-802 or R18-12-806 . The certification requirements of this Article shall not apply to the site assessment or sampling requirements of this Chapter.

B. A person who performs or supervises tank service shall present to the Department proof of certification when requested by the Department.

History

• Adopted effective December 6, 1996 (Supp. 96-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-802 Expired

History

• Adopted effective December 6, 1996 (Supp. 96-4). Section expired pursuant to A.R.S. § 41-1056(J), at 22 A.A.R. 2983, effective September 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R18-12-803 Categories of Certification

The Department may certify a person who performs or supervises tank service in any one or more of the following categories:

1. Installation and retrofit of an UST,

2. Tightness testing of an UST,

3. Cathodic protection testing of an UST,

4. Decommissioning of an UST,

5. Interior lining of an UST.

History

• Adopted effective December 6, 1996 (Supp. 96-4).

Ariz. Admin. Code § R18-12-804 International Code Council Certification; Manufacturer Certification

A person qualifies for certification by the Department as a tank service provider if the following conditions are met:

1. The person holds certification from ICC for the category of certification being sought.

2. If required by the manufacturer, the person holds a manufacturer's certification for the use of a piece of equipment or methodology in addition to holding the ICC certification for the category of certification being sought.

3. The person submits evidence of qualification under this Section for the category of certification being sought in accordance with R18-12-806(B)(3).

History

• Adopted effective December 6, 1996 (Supp. 96-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-805 Alternative Certification

A. A person qualifies for certification by the Department as a tank service provider under this Section if the requirements of R18-12-804(1) cannot be met because an ICC certification is not available for the category of certification being sought and all of the following conditions exist:

1. The manufacturer of the technology has a process for certification of tank service providers and the person seeking qualification under this Section has received the manufacturer's certification.

2. The manufacturer's certification is based on training or examination that evaluates competency specific to the category of tank service;

3. The certification training or examination emphasizes the applicable codes of practice found in A.R.S. Title 49, Chapter 6 and the rules promulgated thereunder;

4. The tank service technology is protective of human health and the environment;

5. The person submits evidence of qualification under this subsection for the category of certification being sought in accordance with R18-12-806(B)(3).

B. A person qualifies for certification by the Department for the category of cathodic protection tester without holding an ICC certification if all the following conditions exist:

1. The person holds certification by the National Association of Corrosion Engineers as a "corrosion specialist," "cathodic protection specialist," "senior corrosion technologist," or a "corrosion technologist."

2. The person submits evidence of qualification under this subsection in accordance with R18-12-806(B)(3).

C. If certification is developed by ICC for a category that has been previously certified under subsection (A) of this Section, the ICC certification shall be required. The Department shall notify, in writing, all tank service providers certified for that category of the existence of the replacement ICC certification. A certified tank service provider will have 90 days from the date of receipt of notice from the Department to obtain the ICC certification under R18-12-804 . Alternative certification under this Section is void 91 days after the tank service provider is notified that the ICC certification is required for certification under this Article.

History

• Adopted effective December 6, 1996 (Supp. 96-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-806 Application; Certification

A. Except as provided in R18-12-802, a person who seeks to supervise or perform any category of tank service under R18-12-803 shall obtain and submit a completed application to the Department on the form prescribed by the Department. A person who seeks certification for more than one category shall submit a separate application form for each category.

B. A completed application form shall include all the following information:

1. Name, address (mail and physical), telephone number (home and business), aliases, and employer;

2. Name of the category of tank service for which certification is sought;

3. Proof of qualification as described in R18-12-804 or R18-12-805 for the category of tank service for which certification is being sought;

4. A 1 inch by 1 inch color portrait of the applicant or alternatively, an emailed photo to serviceprovider@azdeq.gov;

5. A certification statement that the information submitted pursuant to this subsection is true, accurate, and complete.

C. The Department shall either grant or deny certification within an overall time-frame of 30 days after receipt of an application as evidenced by the date stamped on the application by the Department upon receipt. Within 15 days of receipt of the application, the Department shall issue, by certified mail or email, if an email is available, a notice of deficiency if the application is not administratively complete. If the deficiency is not cured within 30 days of the applicant's receipt of a notice of deficiency, as evidenced by the return receipt or or a returned email receipt, the application is denied and re-application is required for certification. If the application is administratively complete, the Department shall have the remaining number of the total of 30 days for substantive review of the application to either issue a certification card or deny the application. If an application is denied, a hearing may be requested pursuant to A.R.S. Title 41, Chapter 6, Article 10. If the Department issues a written notice of deficiencies within the administrative completeness time-frame, the administrative completeness review time-frame and the overall time-frame are suspended from the date the notice is issued until the date that the Department receives the missing information from the applicant. The date the Department receives the missing information is determined by the date received stamp on the missing information.

History

• Adopted effective December 6, 1996 (Supp. 96-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-807 Duration; Renewal; Changes

A. Certification under this Article shall be issued for two years unless the qualifying certification under R18-12-804 or R18-12-805 is valid for a period of time less than two years. Certification expires either at the expiration of the qualifying certification under R18-12-804 or one year following issuance of certification under R18-12-806, whichever is later. Certification under R18-12-805 requirements shall be for the period allowed under the technology manufacturer's certification or two years, whichever is shorter, but in no event for a period of time less than one year.

B. A person seeking renewal of certification shall submit to the Department an application form, in accordance with the provisions of R18-12-806.

C. The tank service provider shall notify the Department of any change to the information reported in the application form on file with the Department, by submitting a new application form within 30 days after the change.

History

• Adopted effective December 6, 1996 (Supp. 96-4).

Ariz. Admin. Code § R18-12-808 Discontinuation of Tank Service

A. If the Department discovers that a supervisor or provider of tank service has supervised or performed tank service in Arizona without the Department certification required under this Article, or the tank service supervised or performed by a certified person is not in compliance with A.R.S. Title 49, Chapter 6, and this Chapter, the Department shall immediately notify the person performing tank service to stop work and make the area safe by securing the tank area to prevent bodily injury and unauthorized access.

B. If the Department stops work pursuant to subsection (A), before work can continue, a certified tank service provider shall determine if the work already completed complies with the standards set forth in A.R.S. Title 49, Chapter 6, and this Chapter and certify the work which meets those standards.

History

• Adopted effective December 6, 1996 (Supp. 96-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-809 Suspension; Revocation of Certification

A. If the Department discovers that a tank service provider has falsified documents to obtain certification under this Article, the Department shall notify the tank service provider in writing, by certified mail or personal service, that certification is revoked effective 30 days after receipt of the notice, as evidenced by the return receipt or documentation of service, unless a hearing is requested pursuant to A.R.S. Title 41, Chapter 6, Article 10. The revocation under this subsection shall be for two years. The Department shall not accept an application from an individual whose certification has been revoked under this subsection for the revoked category of certification until the end of the revocation period.

B. If the Department discovers that a tank service provider has not performed tank service in compliance with A.R.S. Title 49, Chapter 6 and this Chapter, the Department shall notify the tank service provider in writing, by certified mail or personal service, that certification is suspended for 30 days, effective 30 days after receipt of the notice, as evidenced by the return receipt or documentation of service, unless a hearing is requested pursuant to A.R.S. Title 41, Chapter 6, Article 10.

C. If the Department discovers that a tank service provider has not performed tank service in compliance with A.R.S. Title 49, Chapter 6 and this Chapter, after the individual has had certification suspended pursuant to subsection (B), the Department shall notify the tank service provider in writing, by certified mail or personal service, that certification is suspended for 90 days, effective 30 days after receipt of the notice as evidenced by the return receipt or documentation of service, unless a hearing is requested pursuant to A.R.S. Title 41, Chapter 6, Article 10. The tank service provider shall surrender the certification card to the Department within 15 days following the effective date of the suspension. Failure to surrender the certification card shall result in revocation of certification for the remainder of the certification period. The tank service provider may request the certification card be returned after the 90-day suspension.

D. If the Department discovers that a tank service provider has not performed tank service in compliance with A.R.S. Title 49, Chapter 6 and this Chapter, after the individual has had certification suspended pursuant to subsection (C), the Department shall notify the tank service provider in writing, by certified mail or personal service, that certification is revoked for two years, effective 30 days after receipt of the notice as evidenced by the return receipt or documentation of service, unless a hearing is requested pursuant to A.R.S. Title 41, Chapter 6, Article 10. The tank service provider shall surrender the certification card to the Department within 15 days following the effective date of the revocation. The Department shall not accept an application from an individual whose certification has been revoked under this subsection for the revoked category of certification until the end of the revocation period.

E. The Department shall publish, on a quarterly basis, a list of all tank service providers who have received suspension or revocation pursuant to this Section during that quarter or whose revocation or suspension remains in effect for any portion of that quarter.

History

• Adopted effective December 6, 1996 (Supp. 96-4). Amended by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Article 9 UST SYSTEMS WITH FIELD-CONSTRUCTED TANKS AND AIRPORT HYDRANT FUEL DISTRIBUTION SYSTEMS

Ariz. Admin. Code § R18-12-901 Expired

History

• New Section made by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-902 Expired

History

• New Section made by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-903 Expired

History

• New Section made by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 07-4). Section expired pursuant to A.R.S. § 41-1056(J), at 23 A.A.R. 3428, effective October 10, 2017 (Supp. 17-4).

Ariz. Admin. Code § R18-12-904 Reserved

Ariz. Admin. Code § R18-12-905 Reserved

Ariz. Admin. Code § R18-12-906 Reserved

Ariz. Admin. Code § R18-12-907 Reserved

Ariz. Admin. Code § R18-12-908 Reserved

Ariz. Admin. Code § R18-12-909 Reserved

Ariz. Admin. Code § R18-12-910 Reserved

Ariz. Admin. Code § R18-12-911 Reserved

Ariz. Admin. Code § R18-12-912 Reserved

Ariz. Admin. Code § R18-12-913 Reserved

Ariz. Admin. Code § R18-12-914 Reserved

Ariz. Admin. Code § R18-12-915 Reserved

Ariz. Admin. Code § R18-12-916 Reserved

Ariz. Admin. Code § R18-12-917 Reserved

Ariz. Admin. Code § R18-12-918 Reserved

Ariz. Admin. Code § R18-12-919 Reserved

Ariz. Admin. Code § R18-12-920 Reserved

Ariz. Admin. Code § R18-12-921 Reserved

Ariz. Admin. Code § R18-12-922 Reserved

Ariz. Admin. Code § R18-12-923 Reserved

Ariz. Admin. Code § R18-12-924 Reserved

Ariz. Admin. Code § R18-12-925 Reserved

Ariz. Admin. Code § R18-12-926 Reserved

Ariz. Admin. Code § R18-12-927 Reserved

Ariz. Admin. Code § R18-12-928 Reserved

Ariz. Admin. Code § R18-12-929 Reserved

Ariz. Admin. Code § R18-12-930 Reserved

Ariz. Admin. Code § R18-12-931 Reserved

Ariz. Admin. Code § R18-12-932 Reserved

Ariz. Admin. Code § R18-12-933 Reserved

Ariz. Admin. Code § R18-12-934 Reserved

Ariz. Admin. Code § R18-12-935 Reserved

Ariz. Admin. Code § R18-12-936 Reserved

Ariz. Admin. Code § R18-12-937 Reserved

Ariz. Admin. Code § R18-12-938 Reserved

Ariz. Admin. Code § R18-12-939 Reserved

Ariz. Admin. Code § R18-12-940 Reserved

Ariz. Admin. Code § R18-12-941 Reserved

Ariz. Admin. Code § R18-12-942 Reserved

Ariz. Admin. Code § R18-12-943 Reserved

Ariz. Admin. Code § R18-12-944 Reserved

Ariz. Admin. Code § R18-12-945 Reserved

Ariz. Admin. Code § R18-12-946 Reserved

Ariz. Admin. Code § R18-12-947 Reserved

Ariz. Admin. Code § R18-12-948 Reserved

Ariz. Admin. Code § R18-12-949 Reserved

Ariz. Admin. Code § R18-12-950 Reserved

Ariz. Admin. Code § R18-12-951 General Requirements

A. Implementation of requirements. Owners and operators shall comply with the requirements of this Article for UST systems with field-constructed tanks and airport hydrant systems as follows:

1. For UST systems installed on or before January 1, 2020, the requirements are effective according to the following schedule:

| Requirement | Effective Date | | --- | --- | | Upgrading UST systems; general operating requirements; and operator training | March 1, 2020 | | Release detection | March 1, 2020 | | Release reporting, response, and investigation; closure; financial responsibility and notification (except as provided in subsection (B) of this Section) | January 1, 2020 |

For UST systems installed after January 1, 2020, the requirements apply at installation.

B. All owners of previously deferred UST systems shall submit a notification form under R18-222 to the Department and shall demonstrate financial responsibility at the time of submission of the notification form.

C. Except as provided in R18-12-952, owners and operators shall comply with the requirements of Articles 1 through 5 and 9 of this Chapter.

D. In addition to the codes of practice listed in R18-12-281, owners and operators may use military construction criteria, such as "Unified Facilities Criteria (UFC) 3-460-01, Petroleum Fuel Facilities Design, With Change 2," revised 6/17/15, when designing, constructing, and installing airport hydrant systems and UST systems.

History

• Adopted by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Ariz. Admin. Code § R18-12-952 Additions, Exceptions, and Alternatives for UST Systems with Field-Constructed Tanks and Airport Hydrant Systems

A. Exception to piping secondary containment requirements. Owners and operators may use single walled piping when installing or replacing piping associated with UST systems with field-constructed tanks greater than 50,000 gallons and piping associated with airport hydrant systems.

B. Piping associated with UST systems with field-constructed tanks less than or equal to 50,000 gallons not part of an airport hydrant system shall meet the secondary containment requirement when installed or replaced. Where the piping to be replaced exceeds the percentage in A.R.S. § 49-1009(C), the entire piping run shall be secondarily contained.

C. Upgrade requirements. Airport hydrant systems and UST systems with field-constructed tanks shall meet the following requirements or be permanently closed pursuant to R18-12-270 through R18-12-274 .

1. Corrosion protection. UST system components in contact with the ground that routinely contain regulated substances shall meet one of the following:

a. Except as provided in subsection (A) of this Section, the new UST system performance standards for tanks at R18-12-220(A) and for piping at R18-12-220(B); or

b. Be constructed of metal and cathodically protected according to a code of practice developed by a nationally recognized association or independent testing laboratory and meets the following:

i. Cathodic protection shall meet the requirements of R18-12-220(A)(2)(ii), (iii) and (iv) for tanks, and R18-12-220(B)(2)(ii), (iii), and (iv) for piping.

ii. Tanks greater than 10 years old without cathodic protection shall be assessed to ensure the tank is structurally sound and free of corrosion holes prior to adding cathodic protection. The assessment shall be by internal inspection or another method determined by the Department to adequately assess the tank for structural soundness and corrosion holes.

Note to subsection (C)(1): The following codes of practice may be used to comply with this subsection:

(A) NACE International Standard Practice SP0285-2011, "Corrosion Control of Underground Storage Tank Systems by Cathodic Protection";

(B) NACE International Standard Practice SP0169-2013, "Control of External Corrosion on Underground or Submerged Metallic Piping Systems";

(C) National Leak Prevention Association Standard 631, Chapter C, "Internal Inspection of Steel Tanks for Retrofit of Cathodic Protection", 2009 revision; or

(D) American Society for Testing and Materials Standard G158-98, "Standard Guide for Three Methods of Assessing Buried Steel Tanks".

2. Spill and overfill prevention equipment. To prevent spilling and overfilling associated with product transfer to the UST system, all UST systems with field-constructed tanks and airport hydrant systems shall comply with new UST system spill and overfill prevention equipment requirements specified in R18-12-220(C).

D. Walkthrough inspections. In addition to the walkthrough inspection requirements in R18-12-236, owners and operators shall inspect the following additional areas for airport hydrant systems at least once every 30 days if confined space entry according to the Occupational Safety and Health Administration (see 29 CFR part 1910) is not required or at least annually if confined space entry is required and keep documentation of the inspection according to R18-12-236(B) .

1. Hydrant pits - visually check for any damage; remove any liquid or debris; and check for any leaks, and

2. Hydrant piping vaults - check for any hydrant piping leaks.

E. Release detection. Owners and operators of UST systems with field-constructed tanks and airport hydrant systems shall meet the release detection requirements described in this Article as follows:

Methods of release detection for field-constructed tanks. Owners and operators of field-constructed tanks with a capacity less than or equal to 50,000 gallons shall meet the release detection requirements in R18-12-240 through R18-12-245 . Owners and operators of field-constructed tanks with a capacity greater than 50,000 gallons shall meet either the requirements in R18-12-240 through R18-12-245 (except R18-12-243(E) and (F) shall be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:

a. Conduct an annual tank tightness test that can detect a 0.5 gallon per hour leak rate;

b. Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to one gallon per hour. This method shall be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every three years;

c. Use an automatic tank gauging system to perform release detection at least every 30 days that can detect a leak rate less than or equal to two gallons per hour. This method shall be combined with a tank tightness test that can detect a 0.2 gallon per hour leak rate performed at least every two years;

d. Perform vapor monitoring (conducted in accordance with R18-12-243(E) for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

e. Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25-M, volume 9; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, revision 2004.1; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through; and

i. Perform a tank tightness test that can detect a 0.5 gallon per hour leak rate at least every two years; or

ii. Perform vapor monitoring or groundwater monitoring (conducted in accordance with R18-12-243(E) or (F), respectively, for the stored regulated substance) at least every 30 days; or

f. Another method approved by the Department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (E)(1)(a) through (e) of this Section. In comparing methods, the Department shall consider the size of release that the method can detect and the frequency and reliability of detection.

2. Methods of release detection for piping. Owners and operators of underground piping associated with field-constructed tanks less than or equal to 50,000 gallons shall meet the release detection requirements in R18-12-240 through R18-12-245 . Owners and operators of underground piping associated with airport hydrant systems and field-constructed tanks greater than 50,000 gallons shall follow either the requirements in R18-12-240 through R18-12-245 (except R18-12-243(E) and (F) shall be combined with inventory control as stated below) or use one or a combination of the following alternative methods of release detection:

i. Perform a semiannual or annual line tightness test at or above the piping operating pressure in accordance with the table below.

| Maximum Leak Detection Rate Per Test Section Volume | | | | --- | --- | --- | | Test Section Volume (Gallons) | Semiannual Test -Leak Detection Rate Not To Exceed (Gallons Per Hour) | Annual Test - Leak Detection Rate Not To Exceed (Gallons Per Hour) | | < 50,000 | 1.0 | 0.5 | | >= 50,000 to < 75,000 | 1.5 | 0.75 | | >= 75,000 to < 100,000 | 2.0 | 1.0 | | >= 100,000 | 3.0 | 1.5 |

ii. Piping segment volumes >=100,000 gallons not capable of meeting the maximum 3.0 gallon per hour leak rate for the semiannual test may be tested at a leak rate up to 6.0 gallons per hour according to the following schedule:

| Phase In For Piping Segments >= 100,000 Gallons In Volume | | | --- | --- | | First test | Not later than March 1, 2020 (may use up to 6.0 gph leak rate) | | Second test | Between March 1, 2020 and March 1, 2023 (may use up to 6.0 gph leak rate) | | Third test | Between March 1, 2023 and March 1, 2024 (may use up to 3.0 gph leak rate) | | Subsequent tests | After March 1, 2024, begin using semiannual or annual line testing according to the Maximum Leak Detection Rate Per Test Section Volume table above |

b. Perform vapor monitoring (conducted in accordance with R18-12-243(E) for a tracer compound placed in the tank system) capable of detecting a 0.1 gallon per hour leak rate at least every two years;

c. Perform inventory control (conducted in accordance with Department of Defense Directive 4140.25m, volume 9; ATA Airport Fuel Facility Operations and Maintenance Guidance Manual, revision 2004.1; or equivalent procedures) at least every 30 days that can detect a leak equal to or less than 0.5 percent of flow-through; and

i. Perform a line tightness test (conducted in accordance with subsection (D)(2)(a) of this Section using the leak rates for the semiannual test) at least every two years; or

ii. Perform vapor monitoring or groundwater monitoring (conducted in accordance with R18-12-243(E) or (F), respectively, for the stored regulated substance) at least every 30 days; or

d. Another method approved by the Department if the owner and operator can demonstrate that the method can detect a release as effectively as any of the methods allowed in subsections (E)(2)(a) through (c) of this Section. In comparing methods, the Department shall consider the size of release that the method can detect and the frequency and reliability of detection.

Recordkeeping for release detection. Owners and operators shall maintain release detection records according to the recordkeeping requirements in R18-12-245.

F. Applicability of closure requirements to previously closed UST systems. When directed by the Department, the owner and operator of an UST system with field-constructed tanks or airport hydrant system permanently closed before January 1, 2020 shall assess the excavation zone and close the UST system in accordance with R18-12-270 through R18-12-274 if releases from the UST may, in the judgment of the Department, pose a current or potential threat to human health and the environment.

History

• Adopted by final rulemaking at 25 A.A.R. 3123, effective 10/1/2020.

Chapter 13 DEPARTMENT OF ENVIRONMENTAL QUALITY - SOLID WASTE MANAGEMENT

Article 2 SOLID WASTE DEFINITIONS; EXEMPTIONS

Ariz. Admin. Code § R18-13-201 Land Application of Biosolids Exemption

A. This Section applies only to biosolids as defined in R18-9-1001 . The land application of biosolids, when placed on or applied to the land in full conformity with 18 A.A.C. 9, Article 10 and A.R.S. § 49-761(F), and if the site of land application has ceased to receive application of biosolids and all applicable site restrictions set by 18 A.A.C. have been satisfied, is exempt statewide from the definition of solid waste found at A.R.S. § 49-701.01(A). This exemption applies only when the biosolids and the soil to which it has been applied remain at the site of the application.

B. This exemption does not alter or set any new standard for the soil remediation standards found at 18 A.A.C. 7, Article 2.

History

• Adopted under and exemption from A.R.S. Title 41, Chapter 6, pursuant to A.R.S. § 49-701.01(C)(1) and (2), effective July 27, 1998 (Supp. 98-3). Amended by exempt rulemaking at 5 A.A.R. 4004, effective September 17, 1999 (Supp. 99-3). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-202 Coal Slurry Discharges from Pipeline Leaks Exemption

This Section applies only to coal slurry discharges onto the ground from pipeline leaks. Coal slurry discharges onto the ground from pipeline leaks are exempt statewide from the definition of solid waste prescribed in A.R.S. § 49-701.01(A) if both of the following conditions are met:

1. The discharge was the result of an accidental pipeline leak.

2. The thickness of the layer of coal slurry on the ground that resulted from the discharge is 3 inches or less.

History

• New Section adopted by exempt rulemaking at 5 A.A.R. 4004, effective September 17, 1999 (Supp. 99-3).

Article 3 REFUSE AND OTHER OBJECTIONABLE WASTES

Ariz. Admin. Code § R18-13-301 Reserved

Ariz. Admin. Code § R18-13-302 Definitions

A. "Approved" means acceptable to the Department.

B. "Ashes" means residue from the burning of any combustible material.

C. "Department" means the Department of Environmental Quality or a local health department designated by the Department of Environmental Quality.

D. "Garbage" means all animal and vegetable wastes resulting from the processing, handling, preparation, cooking, and serving of food or food materials.

E. "Manure" means animal excreta, including cleanings from barns, stables, corrals, pens, or conveyances used for stabling, transporting, or penning of animals or fowls.

F. "Person" means the state, a municipality, district or other political subdivision, a cooperative, institution, corporation, company, firm, partnership or individual.

G. "Refuse" means all putrescible and nonputrescible solid and semisolid wastes, except human excreta, but including garbage, rubbish, ashes, manure, street cleanings, dead animals, abandoned automobiles, and industrial wastes.

H. "Rubbish" means nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, waste metal, tin cans, yard clippings, wood, glass, bedding, crockery and similar materials.

History

• Section recodified from A.A.C. R18-8-502, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-303 Responsibility

A. The owner, agent, or the occupant of any premises, business establishment, or industry shall be responsible for the sanitary condition of said premises, business establishment, or industry. No person shall place, deposit, or allow to be placed or deposited on his premises or on any public street, road, or alley any refuse or other objectionable waste, except in a manner described in these rules.

B. The owner, agent, or the occupant of any premises, business establishment, or industry shall be responsible for the storage and disposal of all refuse accumulated, by a method or methods described in these rules.

C. The collection and disposal of all refuse not acceptable for collection by a collection agency is the responsibility of each occupant, business establishment, or industry where such refuse accumulates, and all such refuse shall be stored, collected, and disposed of in a manner approved by the Department.

D. All dangerous materials and substances shall, where necessary, be rendered harmless prior to collection and disposal.

History

• Section recodified from A.A.C. R18-8-503, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-304 Inspection

Representatives of the Department shall make such inspections of any premises, container, process, equipment, or vehicle used for collection, storage, transportation, disposal, or reclamation or refuse as are necessary to ensure compliance with these rules.

History

• Section recodified from A.A.C. R18-8-504, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-305 Collection Required

A. Where refuse collection service is available, the following refuse shall be required to be collected: Garbage, ashes, rubbish, and small dead animals which do not exceed 75 pounds in weight.

B. The following refuse is not considered acceptable for collection but may be collected at the discretion of the collection agency where special facilities or equipment required for the collection and disposal of such wastes are provided:

1. Dangerous materials or substances, such as poisons, acids, caustics, infected materials, radioactive materials, and explosives.

Materials resulting from the repair, excavation, or construction of buildings and structures.

3. Solid wastes resulting from industrial processes.

4. Animals exceeding 75 pounds in weight, condemned animals, animals from a slaughterhouse, or other animals normally considered industrial waste.

Manure.

History

• Section recodified from A.A.C. R18-8-505, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-306 Notices

A. All collection agencies shall provide each householder, or business establishment served, with a copy of the requirements governing the storage and collection of refuse which shall cover at least the following items:

Definitions.

2. Places to be served.

3. Places not to be served.

4. Scheduled day or days of collection.

5. Materials acceptable for collection.

6. Materials not acceptable for collection.

Preparation of refuse for collection.

8. Types and size of containers permitted.

9. Points from which collections will be made.

Necessary safeguards for collectors.

B. All such notices governing storage and collection shall conform to these rules.

History

• Section recodified from A.A.C. R18-8-506, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-307 Storage

A. All refuse shall be stored in accordance with the requirements of this Section. The owner, agent, or occupant of every dwelling, business establishment, or other premises where refuse accumulates shall provide a sufficient number of suitable and approved containers for receiving and storing of refuse, and shall keep all refuse therein, except as otherwise provided by this Chapter.

B. Garbage shall be stored in durable, rust resistant, nonabsorbent, watertight, and easily cleanable containers, with close fitting covers and having adequate handles or bails to facilitate handling. The size of the container shall be determined by the collection agency.

C. Rubbish and ashes shall be stored in durable containers. Bulky rubbish such as tree trimmings, newspapers, weeds, and large cardboard boxes shall be handled as directed by the collection agency. Where garbage separation is not required, containers for the storage of mixed rubbish and garbage shall meet the requirements specified in subsection (B) above.

D. Containers for the storage of refuse shall be maintained in such a manner as to prevent the creation of a nuisance or a menace to public health. Containers that are broken or otherwise fail to meet the requirements of the rules shall be replaced, by the owner of said containers, with approved containers.

E. Manure and droppings shall be removed from pens, stables, yards, cages, conveyances, and other enclosures as often as necessary to prevent a health hazard or the creation of a nuisance. All material removed shall be handled and stored in a manner that will maintain the premises nuisance free.

History

• Section recodified from A.A.C. R18-8-507, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-308 Frequency of Collection; Variance

A. The collection of garbage, refuse, rubbish, and ashes shall be in accordance with rules of the collection agency except that the frequency of collection shall not be less than once per week.

1. Garbage only -- twice weekly.

2. Refuse with garbage -- twice weekly.

3. Rubbish and ashes -- as often as necessary to prevent nuisances and fly breeding.

B. A variance from the required frequency of collection in subsection (A) may be granted by the county department designated by the county to approve variances to allow for collection less than once weekly. The variance may be granted upon submission of an acceptable plan by the collection agency to the designated county department demonstrating that no public health hazards or nuisances will exist and that fly breeding will be controlled by either biological, chemical, or mechanical means. The variance may be revoked whenever the designated county department determines that the circumstances warranting the variance no longer exist.

C. A county may request the Department of Environmental Quality to assume the functions of granting and revoking variances under this Section.

D. For the purposes of this Section, "collection agency" means a city, town, person, or commercial service that offers collection or transportation of garbage, refuse, rubbish, and ashes as a service.

History

• Section recodified from A.A.C. R18-8-508, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 30 A.A.R. 3900, effective 2/4/2025.

Ariz. Admin. Code § R18-13-309 Place of Collection

A. All refuse shall be properly placed on the premises for convenient collection as designated by the collection agency.

B. Where alleys are provided, collection shall be made on the alley side of the premises.

History

• Section recodified from A.A.C. R18-8-509, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-310 Vehicles

A. Vehicles used for collection and transportation of garbage, or refuse containing garbage, shall have covered, watertight, metal bodies of easily cleanable construction, shall be cleaned frequently to prevent a nuisance or insect breeding, and shall be maintained in good repair.

B. Vehicles used for collection and transportation of refuse shall be loaded and moved in such a manner that the contents, including ashes, will not fall, leak, or spill therefrom. Where spillage does occur, it shall be picked up immediately by the collector and returned to the vehicle or container.

C. Vehicles used for collection and transportation of rubbish or manure shall be of such construction as to prevent leakage or spillage, and shall provide a cover to prevent blowing of materials or creating a nuisance.

History

• Section recodified from A.A.C. R18-8-510, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-311 Disposal; General

A. All refuse shall be disposed of by a method or methods included in these rules and shall include rodent, insect, and nuisance control at the place or places of disposal. Approval must be obtained from the Department for all new disposal sites and may change in the method of disposal prior to use.

B. Carcasses of large dead animals shall be buried or cremated, unless satisfactory arrangements have been made for disposal by rendering or other approved methods.

C. All public "dumping grounds", provided in compliance with A.R.S. § 9-441, shall be maintained and operated in accordance with the requirements of these rules.

D. Manure shall be disposed of by sanitary landfill, composting, incineration, or used as fertilizer in such a manner as not to create insect breeding or a nuisance.

History

• Section recodified from A.A.C. R18-8-511, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-312 Methods of Disposal

Approval must be obtained from the Department for any method or methods used for the disposal of refuse prior to the start of operations, and shall be accomplished by one or more of the methods listed below:

1. Sanitary landfill -- Consists of the disposal of refuse on land and the daily compaction and covering of the refuse with 6 to 12 inches of earth so as to prevent a health hazard or nuisance. The final compacted earth cover shall be a minimum of 2 feet in depth. Where sanitary landfill operations are proposed, the Department will require the following:

a. The landfill shall be located so that seepage will not create a health hazard, nuisance, or cause pollution of any watercourse or water bearing strata.

b. Adequate and proper surface drainage shall be provided to prevent ponding or erosion by rainwater of the finished fill.

c. Provision shall be made for the control of insects, rodents, wind blown refuse, and accidental fire.

d. Burning of refuse is prohibited.

e. An all weather access road is required.

f. Suitable equipment and operating personnel shall be provided.

g. Salvaging, if permitted, shall be rigidly controlled.

h. A variance from the daily compaction and covering requirement may be granted for sites serving less than 2,000 people by the Department of Environmental Quality upon submission of an acceptable plan approved by the local health department demonstrating that no public health hazards or nuisances will exist. The variance will allow for compaction and cover every two weeks at sites serving less than 500 people; weekly compaction and cover for sites serving from 500 to 1,000 people; and twice weekly compaction and cover for sites serving from 1,000 to 2,000 people. The variance may be revoked whenever the Department of Environmental Quality determines that the circumstances warranting the variance no longer exist.

2. Incineration -- Where incineration is to be employed, the plans and specifications, along with any other information necessary to evaluate the project, shall be submitted to the Department and approval received prior to construction. In addition, an approved method for the disposal of non-combustible refuse is required. Where incineration is proposed, the following items shall be provided.

a. The capacity of the incinerator shall be sufficient for the maximum production of refuse expected.

b. Noncombustible refuse shall be disposed of by methods approved by the Department.

c. Skilled personnel to assure the proper operation and maintenance of the facilities in a nuisance-free manner.

3. Composting -- This method of disposal is acceptable to the Department under the following conditions:

a. That plans and specifications and other information necessary to evaluate the project are submitted to the Department and approval received prior to start of construction.

b. That provisions are made for the proper disposal of all refuse not considered suitable for composting.

c. Skilled personnel shall be provided to assure the proper operation and maintenance of the facilities in a nuisance-free manner.

Garbage grinding -- This method, involving the separate collection and disposal of garbage into a community sewerage system through commercial type grinders or mandatory community-wide installation of individual household grinders, will be acceptable to the Department provided that suitable means shall be provided for the disposal of all remaining refuse.

5. Hog feeding -- This method of disposal will only be approved under the following conditions:

a. The garbage is collected and stored in suitable containers.

b. Only approved type vehicles are used for collection.

c. All garbage is effectively heat-treated in accordance with Title 24, Chapter 7, Article 3 (A.R.S. §§ 24-941 through 24-949).

d. All remaining refuse, including nonedible garbage, is collected and disposed of separately by methods approved by the Department.

6. Manure disposal -- Manure shall be disposed of by sanitary landfill, composting, incinerating, or used as a fertilizer in such a manner as not to create insect breeding or a nuisance.

History

• Section recodified from A.A.C. R18-8-512, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Article 4 SOLID WASTE FACILITIES SUBJECT TO BEST MANAGEMENT PRACTICES

Ariz. Admin. Code § R18-13-401 Definitions

A. "Department" means the Arizona Department of Environmental Quality.

B. "Material recovery facility" means a transfer facility that collects, compacts, repackages, sorts, or processes commingled recyclable solid waste generated offsite for the purpose of recycling and transport, or where source separated recyclable solid waste is processed for sale to various markets, and where the incoming materials are predominantly recyclable solid waste.

C. "Recyclable solid waste" means a product or material described in subsection (C)(1) or (2), and for which subsection (C)(3) is true:

1. A product with no useful life remaining for the purposes for which it was produced, or if useful life remains, the product will not, due to location, quantity, or owner choice, remain in use or be reused for a purpose for which it was produced.

2. A material that is a result of a process or activity whose purpose was to produce something else.

3. The product or material retains some economic value, with or without further processing, as a raw material or feedstock in some process other than incineration or combustion.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-402 [Effective until 12/3/2025] Solid Waste Facilities Subject to Best Management Practices

A. The following solid waste facilities subject to best management practices under A.R.S. § 49-762.02 shall register with the Department as provided in this Section:

1. A transfer facility, as defined in A.R.S. § 49-701, with a daily throughput of 180 cubic yards or less, but not including:

a. A material recovery facility where the incoming materials are primarily source separated recyclables; or

b. Community or neighborhood recycling bins including drop boxes, roll off containers, and plastic containers used to collect residential, business, or governmental recyclable solid waste.

2. A site at which more than 500 and fewer than 5,000 waste tires are stored on any day that is not required to obtain plan approval pursuant to A.R.S. § 49-762.

B. Initial registration. A new solid waste facility listed in subsection (A) shall not begin operation until the owner or operator registers with the Department on a form approved by the Department.

C. Annual registration fee. The Department shall bill an annual registration fee of $1,500 to a registered solid waste facility listed in subsection (A) that has not filed a notice of termination of registration with the Department. The owner or operator of a registered solid waste facility listed in subsection (A) shall pay the annual registration fee within 30 days of invoice receipt.

D. C. Registration as a waste tire collection site under R18-13-1211 shall satisfy registration requirements pursuant to this Section for a site under subsection (A)(2) of this Section.

E. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsections (B) and (C) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regionalresources.htm, for October of that year.

2. Round the result from subsection (E)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Article 5 REQUIREMENTS FOR SOLID WASTE FACILITIES SUBJECT TO SELF-CERTIFICATION

Ariz. Admin. Code § R18-13-501 [Effective until 12/3/2025] Solid Waste Facilities Requiring Self-Certification; Registration Fees

A. The following solid waste facilities requiring self-certification under A.R.S. § 49-762.01 shall register with the Department and pay annual registration fees as provided in this Section:

1. A transfer facility, as defined in A.R.S. § 49-701, with a daily throughput of more than 180 cubic yards, including a material recovery facility, but not including:

a. A material recovery facility where the incoming materials are primarily source separated recyclables; or

b. Community or neighborhood recycling bins including drop boxes, roll off containers, and plastic containers used to collect residential, business, or governmental recyclable solid waste.

2. A facility storing 5,000 or more waste tires on any one day and not required to obtain plan approval.

3. A waste tire shredding and processing facility.

B. Initial registration for a new facility. The owner or operator of a planned new facility identified in subsection (A) of this Section shall submit the following information to the Department before beginning construction:

1. The name of the solid waste facility.

2. The name, mailing address and telephone number of each owner and operator of the solid waste facility.

3. The physical location of the solid waste facility by physical address, latitude and longitude, or legal description. If none of these are practical, by driving directions from the nearest city or town.

4. A brief description of operations, including waste management methods, types and volumes of waste handled, waste storage and treatment equipment, and the length of time the waste remains onsite.

5. A diagram of the property showing its approximate size and the planned location of the solid waste facility or facilities.

Documentation that the facility will comply with local zoning laws or, if the owner is an agency or political subdivision of this state, with A.R.S. § 49-767.

7. Documentation that the facility has any other environmental permit that is required by statute.

8. A copy of the public notice in a newspaper of general circulation in the area where the facility will be located stating the intent to construct and operate a new solid waste facility pursuant to A.R.S. § 49-762.05.

C. Initial and annual registration for an existing facility. The owner or operator of an existing facility identified in subsection (A) of this Section shall submit the following information to the Department annually on a form approved by the Department and note any changes since the last registration:

1. The name of the solid waste facility.

2. The name, address and telephone number of each owner and operator of the solid waste facility.

3. The physical location of the solid waste facility by physical address, latitude and longitude, or legal description. If none of these are practical, by driving directions from the nearest city or town.

4. A brief description of operations, including waste management methods, types and volumes of waste handled, waste storage and treatment equipment, and the length of time the waste remains onsite.

5. A diagram of the property showing its approximate size and the location of the solid waste facility or facilities.

Documentation that the facility remains in compliance with the most current local zoning laws or with A.R.S. § 49-767, as applicable.

7. Documentation that the facility continues to hold any other environmental permit that is required by statute.

D. Self-certification. With each registration under subsection (B) or (C) of this Section, the owner or operator shall certify that the information submitted is true, accurate, and complete to the best of the person's knowledge and belief.

E. Registration fees. The owner or operator of a transfer facility under subsection (A) (1) shall pay the Department $1,485 for the initial registration of a new facility, and $742 for each annual registration thereafter. The owner or operator of a tire facility under subsection (A)(2) or (3) shall pay the Department $1,485 for the initial registration of a new facility, and $371 for each annual registration thereafter. The Department shall bill the annual registration fee to a solid waste facility under subsection (A) that has not filed a notice of termination of registration with the Department and the solid waste facility shall pay within 30 days of invoice receipt.

F. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (E) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (F)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

F. G. As used in this Section:

1. "Department" means the Arizona Department of Environmental Quality.

2. "Material recovery facility" means a transfer facility that collects, compacts, repackages, sorts, or processes commingled recyclable solid waste generated offsite for the purpose of recycling and transport, or where source separated recyclable solid waste is processed for sale to various markets, and where the incoming materials are predominantly recyclable solid waste.

3. "Recyclable solid waste" means a product or material described in subsection (G)(3)(a) or (b), and for which subsection (G)(3)(c) is true:

a. A product with no useful life remaining for the purposes for which it was produced, or if useful life remains, the product will not, due to location, quantity, or owner choice, remain in use or be reused for a purpose for which it was produced.

b. A material that is a result of a process or activity whose purpose was to produce something else.

c. The product or material retains some economic value, with or without further processing, as a raw material or feedstock in some process other than incineration or combustion.

History

• New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Article 7 SOLID WASTE FACILITY PLAN REVIEW FEES

Ariz. Admin. Code § R18-13-701 Definitions

In addition to the definitions provided in A.R.S. §§ 49-701, 49-701.01, and 49-851, and 18 A.A.C. 13, the following definitions apply in this Article:

1. "Aquifer Protection Permit" or "APP" means the permit that is required pursuant to A.R.S. § 49-241.

2. "MSWLF" means a municipal solid waste landfill as defined in A.R.S. § 49-701.

3. "Non-APP requirements for Non-MSWLFs" means 40 CFR 257 requirements and the restrictive covenant and location restrictions required in A.R.S. Title 49, Chapter 4.

4. "Non-MSWLF" means a landfill that is not a municipal solid waste landfill as defined in A.R.S. § 49-701.

5. "RD&D" means research, development, and demonstration.

6. "Review hours" means the hours or portions of hours that the Department's staff spends on a request for a plan review. 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.

7. "Review-related costs" means any of the following costs applicable to a specific plan review:

a. Presiding officer services for public hearings on a plan review decision,

b. Court reporter services for public hearings on a plan review decision,

c. Facility rentals for public hearings on a plan review decision,

d. Charges for laboratory analyses performed during the plan review,

e. Other reasonable and necessary review-related expenses documented in writing by the Department and agreed to by an applicant.

8. "Solid waste facility plan" means a plan or the individual components of a plan, such as the design, operational, closure, or post-closure plan, or the demonstration of financial responsibility as required by A.R.S. § 49-770, submitted to the Department for review and plan approval.

History

• Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4). Amended effective May 15, 1997 (Supp. 97-2). Amended by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-13-702 Solid Waste Facility Plan Review Fees

A. With each application submitted for approval pursuant to A.R.S. § 49-762.03, the applicant shall remit an initial fee in accordance with one of the fee tables in this subsection, unless otherwise provided in subsection (B) of this Section. This subsection also lists the maximum fees that the Department will bill the applicant. All fees paid shall be payable to the state of Arizona. The Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49-881, unless otherwise authorized or required by law.

Fee Tables

| Fees for Plan Review of New Solid Waste Facilities | | | | --- | --- | --- | | | Initial | Maximum | | Solid Waste Landfills | $20,000 | $297,047 | | Non-APP requirements for Non-MSWLFs operating under an APP | $2,000 | $74,262 | | Other Solid Waste Facilities Subject to Plan Approval | $10,000 | $148,524 |

| Fees for Modifications to Solid Waste Facility Plans | | | | --- | --- | --- | | | Initial | Maximum | | Solid Waste Landfills - Type IV | $1,500 | $222,786 | | Solid Waste Landfills - Type IV - RD&D | $15,000 | $15,000 | | Solid Waste Landfills - Type III | $750 | $111,393 | | Other Solid Waste Facilities Subject to Plan Approval - Type IV | $750 | $111,393 | | Other Solid Waste Facilities Subject to Plan Approval - Type III | $500 | $74,262 |

| Fees for Review of Financial Responsibility Plans for Solid Waste Facilities | | | | --- | --- | --- | | | Initial | Maximum | | Annual Review for Solid Waste Landfills | $891 Flat Fee | N/A | | Other Solid Waste Facilities | $200 | $7,426 |

B. The Department shall bill an applicant for plan review services, subject to an hourly rate, no more than monthly, but at least semi-annually. The following information shall be included in each bill:

The dates of the billing period;

After January 1, 2013, the date and number of review hours performed during the billing period itemized by employee name, position type and specifically describing:

a. Each review task performed,

b. The facility and operational unit involved, and

c. The hourly rate;

3. A description and amount of any other reasonable review-related cost; and

4. 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.

C. Within 30 days after the Department makes a final determination whether to approve or disapprove of the facility plan, or when an applicant withdraws or closes the application for review, the Department shall prepare and issue a final itemized bill of its review. If the Department determines that the actual cost of reviewing the plan is less than the initial fee and any interim fees paid, the Department shall refund the difference to the applicant within 30 days after the issuance of the approval or disapproval of the application. If the Department determines that the actual cost of plan review is greater than the corresponding amount listed, the Department shall list the amount that the applicant owes on the final itemized bill, except that the final itemized bill shall not exceed the applicable maximum fee specified in subsection (A). The applicant shall pay in full the amount due within 30 days of receipt of the final itemized bill.

D. If the final bill is not paid within the 30 days, the Department shall mail a second notice to the applicant. Failure to pay the amount due within 60 days of receipt of the notice shall result in the Department initiation of proceedings for suspension of the approval, in accordance with A.R.S. § 49-782. The suspension shall continue until full payment is received at the Department. If full payment is not received at the Department within 365 days of the date of the approval, the approval shall be revoked in accordance with A.R.S. § 49-782. The Department shall not review any further plans for an entity which has not paid all fees due for a previous review of a solid waste facility plan.

E. When determining actual cost under subsection (C), the Department shall use an hourly billing rate for all review hours spent working on the review of a plan, and add review-related costs which were incurred but are not included in the hourly billing rate.

F. The hourly rate is $181.

G. Beginning July 1, 2026, the Director shall adjust the fee amounts in the columns of the Fee Tables titled "Maximum", the annual review for solid waste landfills flat fee in the Fee Table - Fees for Review of Financial Responsibility Plans for Solid Waste Facilities, and the hourly rate amount in subsection (F) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (G)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4). Corrected typographical error "facilities" in Schedules A, B, and C, to reflect Section filed in the Office of the Secretary of State December 1, 1995. Section amended effective May 15, 1997; except for special waste management plan component fees listed in Schedules A, B, and C, which become effective July 1, 1997 (Supp. 97-2). Amended by exempt rulemaking at 5 A.A.R. 3869, effective October 1, 1999 (Supp. 99-3). Amended by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-703 Review of Bill

A. An applicant who disagrees with the final bill received from the Department for plan review and issuance or denial of a solid waste facility plan approval under this Article may make a written request to the Director for a review of the bill and may pay the bill under protest. The request for review shall specify the matters in dispute and shall be received by the Department within 10 working days of the date of receipt of the final bill.

B. Unless the Department and applicant agree otherwise, the review shall take place within 30 days of receipt by the Department of the request. The Director shall make a final decision as to whether the time and costs billed are correct and reasonable. The final decision shall be mailed to the applicant within 10 working days after the date of the review and is subject to appeal pursuant to A.R.S. §§ 41-1092 through 1092.12.

History

• Adopted effective July 1, 1996; filed in the Office of the Secretary of State December 1, 1995 (Supp. 95-4). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-704 [REPEALED]

History

• New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Section repealed by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-13-705 [REPEALED]

History

• New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Section repealed by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

Ariz. Admin. Code § R18-13-706 [REPEALED]

History

• New Section made by exempt rulemaking at 8 A.A.R. 3747, effective November 1, 2002 (Supp. 02-3). Section repealed by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2).

Article 8 GENERAL PERMITS

Ariz. Admin. Code § R18-13-801 General Permit Fees

A. The Department shall assess annual fees for operation under a general permit established in rule as described in the Table below. Beginning July 1, 2026, the Director shall adjust the fee amounts in the Table below annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (A)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

B. In addition to the technical requirements proposed for any general permit to be included in this Article, the Department shall propose the category to be assigned to the permit according to the Table below.

C. An applicant shall pay the initial fee when approval to operate is requested. The Department shall bill an annual fee to facilities that have not notified the Department that they are no longer operating and have met the closure requirements of this Chapter.

D. For the purpose of this Article, "complex" has the meaning in A.A.C. R18-1-501 . "Standard" is any facility that is not complex.

Solid Waste General Permits

| Category | Initial Fee | Annual Fee | | --- | --- | --- | | Collection, Storage and Transfer-Standard | $1,114 | $149 | | Collection, Storage and Transfer-Complex | $11,139 | $1,485 | | Treatment-Standard | $1,485 | $149 | | Treatment-Complex | $14,852 | $1,485 | | Disposal | $22,279 | N/A |

History

• New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-802 Disposal General Permit: Non-municipal Solid Waste Landfills at Mining Operations

A. This general permit is adopted pursuant to A.R.S. § 49-706 as an alternative to plan approvals for facilities identified in A.R.S. § 49-762(A)(1). This general permit authorizes disposal of solid waste in a landfill at a mining operation if the landfill meets one of the following criteria:

1. The landfill is identified as a discharging facility in an area-wide aquifer protection permit and is located within the pollutant management area developed for that permit; or

2. The landfill is located within the pollutant management area of an area-wide aquifer protection permit but is exempt from the permit requirement because it contains only inert material as defined in A.R.S. § 49-201; or

3. The landfill is located at a site qualifying as a groundwater protection permit facility as defined in A.R.S. § 49-241.01(C) and the site has submitted an administratively complete application for an aquifer protection permit that has not been denied. Landfills that are located at mining operations and that are subject to best management practices under A.R.S. § 49-762.02(6) are required to comply with those practices and do not require coverage under this general permit.

B. Authorized and prohibited materials.

Disposal of the following is allowed under this general permit:

a. Solid waste generated at the mining operation where the landfill is located; and

b. Incidental amounts of putrescible waste generated at the mining operation where the landfill is located. For the purposes of this Section, "putrescible waste" means solid waste which contains organic matter capable of being decomposed by microorganisms and of such a character and proportion as to be capable of attracting or providing food for birds.

2. Disposal of the following is prohibited under this general permit:

a. Used oil as defined in A.R.S. § 49-801(3).

b. Human excreta as defined in R18-13-1102.

c. Special waste as defined in A.R.S. § 49-851(A)(5).

d. Biohazardous medical waste as defined in R18-13-1401.

e. Radioactive waste material regulated for disposal pursuant to Title 12, Chapter 1 of the Arizona Administrative Code.

f. Hazardous waste as defined in A.R.S. § 49-921(5), including hazardous waste generated by a conditionally exempt small quantity generator.

g. Bulk or noncontainerized liquid waste.

h. Waste containing polychlorinated biphenyls regulated for disposal pursuant to 40 CFR 761.

C. A person may operate a landfill at a mining operation under this general permit if:

1. Operation of the landfill complies with the requirements of this Section;

2. The person files a Notice of Intent to Operate that complies with subsections (D) and (E);

3. The person satisfies any requests for additional information from the Department regarding the Notice of Intent to Operate or landfill operation and receives a written Authorization to Operate from the Director; and

4. The person submits the applicable fee established in R18-13-801 for the Disposal category.

D. Notice of Intent to Operate. An applicant shall submit to the Department a Notice of Intent to Operate under this general permit. The Notice shall contain:

1. The name, address, and telephone number of the applicant;

2. The name, address, and telephone number of a contact person familiar with the operation of the facility;

3. The legal description of the landfill area, latitude and longitude coordinates, a detailed figure(s) showing both the existing landfill boundary and the anticipated future waste footprint of the landfill at the time of closure, and a map showing the location of the landfill within the mining operation;

4. A description of how the applicant will meet the public access restrictions in subsection (H)(3);

5. A description of how the applicant will meet the cover requirements in subsection (H)(4);

6. A description of how the applicant will meet the methane requirements in subsection (H)(5). For landfills that have accepted waste prior to the effective date of this Section only, the applicant shall include recent methane monitoring sampling results from either:

a. One (1) measurement per acre of landfill waste footprint; or

b. A minimum of four (4) monitoring probes installed to the depth of refuse around the perimeter of the landfill and measured quarterly for the presence of methane gas for a period of one (1) year;

7. A narrative description of the landfill, including whether the landfill is existing or planned, the acreage of the current and planned waste footprint, estimated disposal capacity in cubic yards, expected lifespan, projected rate of waste disposal in tons per day or per week, and sources of solid waste generation;

8. A listing of any other federal or state environmental permits issued for or needed by the landfill, including any individual plan approval, APP, Groundwater Quality Protection Permit, or Notice of Disposal; and

9. A signature on the Notice of Intent to Operate certifying that the applicant agrees to comply with all terms of this general permit.

E. Existing facility application deadline. Existing facilities that qualify for coverage under subsections (A)(1), (A)(2), or (A)(3) on the effective date of this rule shall submit a Notice of Intent to Operate within 2 years of the effective date of this rule to obtain coverage. The Director may extend this date in individual cases if the facility could not have submitted an administratively complete Notice in time with reasonable diligence.

F. Authorization review.

1. Inspection. The Department may inspect the facility to determine that the applicable terms of this general permit are being met.

2. Authority to Operate issuance.

a. If the Department determines, based on its review and an inspection, if conducted, that the facility conforms to the requirements of this general permit, the Director shall issue an Authority to Operate.

b. The Authority to Operate authorizes the person to operate the landfill under the terms of this general permit.

3. Authority to Operate denial. If the Department determines, based on its review and an inspection, if conducted, that the facility does not conform to the requirements of this general permit, the Director shall notify the person of the decision not to issue the Authority to Operate and the person shall not operate the landfill under this general permit. The notification shall inform the person of:

a. The reason for the denial with reference to the statute or rule on which the denial is based;

b. The person's right to appeal the denial, including the number of days the applicant has to file a protest challenging the denial and the name and telephone number of the Department contact person who can answer questions regarding the appeals process; and

c. The person's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

G. Statutory requirements. The landfill shall be:

1. Located according to the applicable location restrictions in A.R.S. § 49-772; and

2. Subject to a restrictive covenant recorded pursuant to A.R.S. § 49-771.

H. Operational requirements.

1. Inspect the landfill at least quarterly and after large storm events for overall integrity and condition of the facility, including stormwater diversions, and conduct maintenance and repairs as needed. For the purposes of this Section, a "large storm event" is defined as one-half inch of precipitation in any 24-hour period.

2. Direct storm water runoff from surrounding areas away from the landfill.

Restrict public access to the landfill or to the mining operation site by signs or physical barriers, including natural barriers.

4. Apply cover at such frequencies and in such a manner as to control windblown dispersion of waste, reduce the risk of fire and impede disease vectors' access to the waste, taking into account the types and volumes of waste placed in the landfill, the frequency of disposal, and other relevant considerations. The Department may allow other techniques that are demonstrated to be equally protective as applying cover material.

5. Concentrations of methane gas shall not exceed 25% of the lower explosive limit in facility structures within 100 feet of the landfill boundary and shall not exceed the lower explosive limit beyond the landfill boundary.

6. Methane monitoring.

a. For landfills that have accepted waste prior to the effective date of this Section only, the applicant shall include recent methane monitoring data as described in subsection (D)(6) with the Notice of Intent to Operate.

i. If the data demonstrate that concentrations of methane gas do not exceed 25% of the lower explosive limit, then no methane monitoring is required in order to operate under this permit.

ii. If the data demonstrate that concentrations of methane gas exceed 25% of the lower explosive limit, then annual methane monitoring using one of the data gathering methods described in subsection (D)(6) is required in order to operate under this permit. Results of such annual methane monitoring shall be submitted to the Department.

(1) A person operating a landfill subject to annual methane monitoring may reduce monitoring to once every five years if the results of three consecutive annual sampling events demonstrate that concentrations of methane gas do not exceed 25% of the lower explosive limit.

(2) A person operating a landfill subject to annual methane monitoring may request the Department to reduce or eliminate such monitoring based on any other methods approved by the Department, including consideration of the potential for methane gas to be present in facility structures within 100 feet of the landfill boundary at concentrations exceeding 25% of the lower explosive limit. b. For landfills that have not accepted waste prior to the effective date of this Section, no methane monitoring is required in order to obtain coverage or operate under this permit.

7. Maintain an operating record that documents compliance with the conditions in this permit.

I. Recordkeeping. A permittee shall maintain the following information for at least 10 years and make it available to the Department upon request:

1. Landfill construction drawings and as-built plans, if available;

2. The operating record required by subsection (H)(7); and

3. Methane monitoring results, if any, obtained under subsection (H)(6).

J. Reporting requirements. A permittee shall report the following to the Department:

1. Methane monitoring concentrations that exceed those listed in subsection (H)(5) within 7 days of the determination.

2. A change in ownership or expansion of the planned waste footprint as soon as practicable. These events shall require the filing of a new Notice of Intent to Operate.

K. General applicability. Landfills covered under this general permit:

1. Are not subject to rules adopted by the Department under A.R.S. § 49-761.

2. Are exempt from the solid waste facility plan requirements in A.R.S. §§ 49-762.03 and 49-762.04 as provided in A.R.S. § 49-762(B).

L. For the purposes of this Section, "mining" has the definition at A.R.S. § 27-301.

History

• New section made by final rulemaking at 20 A.A.R. 2679, effective 11/9/2014.

Article 9 SOLID WASTE MANAGEMENT PLANNING

Ariz. Admin. Code § R18-13-901 Reserved

Ariz. Admin. Code § R18-13-902 Expired

History

• Section recodified from A.A.C. R18-8-402, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2983, effective September 15, 2016 (Supp. 16-3).

Article 10 COAL COMBUSTION RESIDUALS

Ariz. Admin. Code § R18-13-1001 Applicability; Incorporation by Reference; General Provisions

A. This Article becomes effective as follows:

1. Provisions related to the submission of initial CCR permit applications, including R18-13-1010(A), R18-13-1010(B)(1), R18-13-1010(C), R18-13-1010(D), R18-13-1010(E), R18-13-1010(G), R18-13-1021(B), (D), and (E), and applicable definitions, are effective 60 days after the filing of this rule with the Secretary of State.

2. All other provisions of this Article are effective upon the date of CCR program approval.

B. Any reference or citation to 40 CFR 257, or a section thereof, appearing in the body of this Article includes any modification to the CFR or section made by this Article. When federal regulatory language that has been incorporated by reference into Arizona rule has also been amended, brackets [ ] indicate where the amended language would be placed if it was part of the federal regulation. The subsection labeling for incorporated material in this Article may not conform to the Arizona Secretary of State's formatting requirements, because the formatting reflects the structure of the incorporated federal regulation.

C. 40 CFR 257.50 through 257.53, revised as of December 14, 2020 (and no future editions) are incorporated by reference, modified by the following subsections, and on file with the Arizona Department of Environmental Quality (ADEQ) with the exception of the following:

40 CFR 257.50(e) is not incorporated by reference;

40 CFR 257.51 is not incorporated by reference. 40 CFR 257, subpart D was effective as federal law as provided therein, but is effective as state law, as incorporated in this Article, on the effective date of CCR program approval.

D. 40 CFR 257.53, titled "Definitions", is amended as follows:

1. "New CCR surface impoundment" means:

a. In the places listed below, a CCR surface impoundment that begins construction or operation after the effective date of these rules:

i. R18-13-1002(B), (C), and (D);

ii. R18-13-1003.01;

iii. R18-13-1004(B), (C) and (D);

iv. R18-13-1010(D)(11);

v. R18-13-1010.01; and

vi. R18-13-1017(E).

b. Other than as listed in paragraph (a), a CCR surface impoundment or lateral expansion of an existing or new CCR surface impoundment that first receives CCR or commences construction after October 19, 2015. A new CCR surface impoundment has commenced construction if the owner or operator has obtained the federal, state, and local approvals or permits necessary to begin physical construction and a continuous on-site, physical construction program had begun after October 19, 2015.

"Participating State" means Arizona, after CCR program approval.

3. "Participating State Director" means the Director of ADEQ, after CCR program approval.

4. "Qualified professional engineer" means an individual who is licensed by the state of Arizona as a Professional Engineer to practice one or more disciplines of engineering and who is qualified by education, technical knowledge and experience to make the specific technical certifications required under this Article. An engineer is considered qualified to provide information to the Director regarding the safe storage level of a reservoir if the engineer:

a. Is licensed in accordance with A.R.S. Title 32, Chapter 1, with proficiency in engineering and knowledge of dam technology,

b. Has three years of experience in the field of dam safety, and

c. Has actual experience in conducting dam safety inspections.

"State" means Arizona.

E. In addition to the definitions in 40 CFR 257.53:

"ADEQ" or "Department" means the Arizona Department of Environmental Quality.

2. "Applicable requirement" means a requirement in A.R.S. Title 49, Chapter 4, this Article, or Article 17, to which an owner or operator is subject based on the applicability criteria in these laws.

3. "CCR multi-unit" means a group of CCR units operating with a multi-unit groundwater monitoring system complying with 40 CFR 257.91(d).

4. "CCR program approval" means United States Environmental Protection Agency approval of the Arizona coal combustion residuals program in accordance with 42 United States Code section 6945(d)(1).

5. "Certification from a qualified professional engineer or approval from the Participating State Director or approval from EPA where EPA is the permitting authority" means "certification from a qualified professional engineer, approved by the Director or EPA where EPA is the permitting authority", unless specifically provided otherwise.

6. "Director" or "State Director" means the director of ADEQ.

7. "Discharge" has the same meaning prescribed in A.R.S. § 49-201.

8. "EPA" means the United States Environmental Protection Agency.

F. The following definitions are also applicable in this Article:

1. "Appurtenant structure" means any structure that is contiguous and essential to the safe operation of the CCR surface impoundment including embankments, saddle dikes, outlet works and controls, diversion ditches, spillway and controls, access structures, bridges, and related housing at a surface impoundment.

2. "Emergency spillway" means a spillway designed to safely pass the inflow design flood routed through the reservoir. If the flow is controlled by gates, it is a controlled spillway. If the flow is not controlled by gates, it is an uncontrolled spillway.

3. "Incremental adverse consequences" means under the same loading conditions, the additional adverse consequences such as economic, intangible, lifeline, or human losses, that would occur due to the failure or improper operation of the CCR surface impoundment over those that would have occurred without failure or improper operation of the CCR surface impoundment.

4. "Intangible losses" means incremental adverse consequences to property that are not economic in nature, including property related to social, cultural, unique, or resource-based values, including the loss of irreplaceable and unique historic and cultural features; long-lasting pollution of land or water; or long-lasting or permanent changes to the ecology, including fish and endangered species habitat identified and evaluated by a public natural resource management or protection agency.

5. "Maximum credible earthquake" means the most severe earthquake that is believed to be possible at a point on the basis of geologic and seismological evidence.

6. "Maximum water surface" means the maximum elevation of the reservoir water level attained during routing of the inflow design flood.

7. "Outlet works" means a closed conduit under or through a CCR surface impoundment or through an abutment for the controlled discharge of the contents normally impounded by a CCR surface impoundment and reservoir. The outlet works include the inlet and outlet structures appurtenant to the conduit. Outlet works may be controlled or uncontrolled.

8. "Probable maximum flood" or "PMF" means the flood runoff expected from the most severe combination of critical meteorologic and hydrologic conditions that are reasonably possible in the region, including rain and snow where applicable. 0.5 PMF is that flood represented by the flood hydrograph with ordinates equal to 0.5 the corresponding ordinates of the PMF hydrograph.

9. "Probable maximum precipitation" means the greatest depth of precipitation for a given duration that is theoretically physically possible over a particular size storm area at a particular geographical location at a particular time of year.

10. "Reservoir" means a CCR surface impoundment.

11. "Residual freeboard" or "freeboard" means the vertical distance between the highest water surface elevation during the inflow design flood and the lowest point at the top of the CCR surface impoundment.

12. "Safe storage level" means the maximum reservoir surface elevation at which the Director determines it is safe to impound water, other liquids, or CCR in the reservoir.

13. "Safety deficiency" means a condition at a CCR surface impoundment that impairs or adversely affects the safe operation of the CCR surface impoundment.

"Spillway crest" means the highest elevation of the floor of the spillway along a centerline profile through the spillway.

15. "Storage capacity" means the maximum volume of CCR, liquid, sediment, or debris that can be impounded in the reservoir with no discharge, including the situation where an uncontrolled outlet becomes plugged. When spillways are present, the storage capacity is reached when the reservoir level is at the crest of the emergency spillway, or at the top of permanently mounted emergency spillway gates in the closed position. Storage capacity excludes dead storage below the natural ground surface.

16. "Total freeboard" means the vertical distance between the emergency spillway crest or the safe storage level and the top of the CCR surface impoundment.

17. "Unsafe" means that safety deficiencies in a CCR surface impoundment or spillway could result in failure of the CCR surface impoundment with subsequent loss of human life or significant property damage.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1002 Location Restrictions

A. 40 CFR 257.60 through 40 CFR 257.64, revised as of December 14, 2020 (and no future editions) are incorporated by reference, modified by the following subsections, and on file with ADEQ.

B. In addition to the location requirements in 40 CFR 257.62(a), new CCR surface impoundments and all lateral expansions of CCR surface impoundments shall not be located within 60 meters (200 feet) of the outermost damage zone of a fault that has had displacement in either Holocene or Late Pleistocene time unless the owner or operator demonstrates by the date specified in § 257.62(c)(2) that an alternative setback distance of less than 60 meters (200 feet) will prevent damage to the structural integrity of the CCR impoundment.

C. In addition to the requirements in 40 CFR 257.63(a), the following requirements are added:

1. For a new or lateral expansion of a CCR surface impoundment, the owner or operator shall submit a review of the seismic or earthquake history of the area around the surface impoundment within a radius of 100 miles to establish the relationship of the site to known faults and epicenters. The review shall include any known earthquakes and the epicenter locations and magnitudes of the earthquakes.

2. For a new or lateral expansion of a CCR surface impoundment, the owner or operator shall identify the location of active or potentially active faults that have experienced Holocene or Late Pleistocene displacement within a radius of 100 miles of the site.

3. For a new or lateral expansion of a high or significant hazard potential CCR surface impoundment, the owner or operator shall design the impoundment to withstand the maximum credible earthquake or the maximum horizontal acceleration, whichever is greater.

D. In addition to the requirements in 40 CFR 257.64, the owner or operator shall not construct a new CCR surface impoundment or a CCR surface impoundment lateral expansion on active faults, as defined by § 257.62(a), collapsible soils, dispersive soils, sinkholes, fissures, or soils with the potential for subsidence, unless the owner or operator demonstrates that the CCR surface impoundment can safely withstand the anticipated offset or other unsafe effects on the CCR surface impoundment.

E. Subsections (B), (C), and (D) of this Section are based on Arizona dam safety standards in existence on July 12, 2024, are additional to those in 40 CFR 257, subpart D, as incorporated in this Article, and do not apply to:

1. CCR surface impoundments with a maximum height of less than 6 feet, regardless of storage capacity;

2. CCR surface impoundments with a maximum height of between 6 and 25 feet and a storage capacity of less than 50 acre-feet; or

3. CCR surface impoundments with a maximum height greater than 25 feet and a storage capacity of 15 acre-feet or less.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1003 Design Criteria

A. 40 CFR 257.70 through 40 CFR 257.74, revised as of December 14, 2020 (and no future editions) are incorporated by reference, modified by the following subsections, and on file with ADEQ.

B. 40 CFR 257.73(a)(4) is amended by deleting "not to exceed a height of 6 inches above the slope of the dike,".

C. 40 CFR 257.73(d)(1)(iv) is amended by deleting "not to exceed a height of 6 inches above the slope of the dike,".

D. 40 CFR 257.74(a)(4) is amended by deleting "not to exceed a height of 6 inches above the slope of the dike,".

E. 40 CFR 257.74(d)(1)(iv) is amended by deleting "not to exceed a height of 6 inches above the slope of the dike,".

F. 40 CFR 257.74(d)(1)(v)(B) is amended as follows: "(B) The combined capacity of all spillways must adequately manage flow during and following the peak discharge from a:

(1) Probable maximum flood (PMF) for a high hazard potential CCR surface impoundment; or

(2) 1000-year flood or 0.5 PMF, whichever is greater for a significant hazard potential CCR surface impoundment; or

(3) 100-year flood or 0.25 PMF, whichever is greater for a low hazard potential CCR surface impoundment."

G. Subsection (F) of this Section is based on Arizona dam safety standards in existence on July 12, 2024, is additional to those in 40 CFR 257, subpart D, as incorporated in this Article, and does not apply to:

1. CCR surface impoundments with a maximum height of less than 6 feet, regardless of storage capacity;

2. CCR surface impoundments with a maximum height of between 6 and 25 feet and a storage capacity of less than 50 acre-feet; or

3. CCR surface impoundments with a maximum height greater than 25 feet and a storage capacity of 15 acre-feet or less.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1003.01 Additional Arizona Design Criteria for New CCR Surface Impoundments and Lateral Expansions of CCR Surface Impoundments

A. The requirements in this Section are additional to those in 40 CFR 257, subpart D, as incorporated in this Article, and do not replace any requirement of 40 CFR 257, subpart D, as incorporated herein.

B. Geotechnical Requirements. The owner or operator shall provide an evaluation of the static stability of the foundation, CCR surface impoundment, and slopes of the reservoir rim.

C. CCR surface impoundment Embankment Requirements.

1. Geotechnical Requirements. Table 1 states additional minimum factors of safety for embankment stability under various loading conditions not covered by 40 CFR 257.74(e).

a. The analysis of minimum factors of safety shall include the effects of anisotropy on the phreatic surface position by using a ratio of horizontal permeability to vertical permeability of at least 10. The Director may require ratios of up to 100 if the material types and construction techniques will cause excessive stratification.

b. The owner or operator shall use tests modeling the conditions being analyzed to determine the strengths used in the stability analysis. The stability analysis shall include total and effective stress strengths appropriate for the different material zones and conditions analyzed. The stability analysis shall use undrained strengths or strength parameters for all saturated materials.

c. If applicable, the owner or operator shall perform an analysis of the upstream slope stability for a partial pool with steady seepage considering the reservoir level that provides the lowest factor of safety.

2. Seismic Requirements

a. The owner or operator shall determine the seismic characteristics of the site as prescribed in R18-13-1002(B) and (C) and R18-13-1010.01(G)(3)(m).

b. The owner or operator shall determine the liquefaction susceptibility of the embankment, foundation, and abutments and may use standard penetration testing, cone penetration testing, shear wave velocity measurements, or a combination of these methods to make this determination. The owner or operator shall compute the minimum factor of safety against liquefaction at specific points and make a determination of whether the overall site is subject to liquefaction.

c. The owner or operator shall compute a minimum factor of safety against overtopping due to deformation and settlement in each of the following cases. The minimum factor of safety against overtopping can be no less than 2.5, determined by dividing the total pre-earthquake freeboard by the estimated vertical settlement in feet. The owner or operator shall determine the total vertical settlement by adding the settlement values of the upstream and downstream slopes.

i. An embankment, foundation, or abutment is not subject to liquefaction, has a maximum peak acceleration of more than 0.2g or a maximum peak acceleration of more than 0.35g and consists of clay on a clay or bedrock foundation; or

ii. The embankment, foundation or abutment is subject to liquefaction.

d. The owner or operator shall perform a liquefaction analysis to establish approximate boundaries of liquefiable zones and physical characteristics of the soil following liquefaction for an embankment, foundation, or abutment subject to liquefaction. The owner or operator shall perform an analysis of the potential for flow liquefaction.

e. Other analytical procedures may be required by the Director for sites with high seismicity or low strength embankment or foundation soils.

3. Miscellaneous Design Requirements

a. The design of any significant or high hazard potential CCR surface impoundment shall provide seepage collection and prevent internal erosion or piping due to embankment cracking or other causes.

b. The Director shall review the filter and permeability design for a chimney drain, drain blanket, toe drain, or outlet conduit filter diaphragms on the basis of unique site characteristics.

i. The minimum thickness of an internal drain is 3 feet.

ii. The minimum width of a chimney drain is 6 feet.

iii. The owner or operator shall filter match an internal drain to its adjacent material.

iv. The owner or operator shall design internal drains with sufficient capacity for the expected drainage without the use of drainpipes using only natural granular materials.

c. The use of a geosynthetic is not permitted in a design if it serves as the sole defense against CCR surface impoundment embankment failure. The use of geotextiles and geonets as a filter or drain material or a geomembrane liner is permitted only in a location that is easily accessible for repair or if its excavation cannot create an unsafe condition at the CCR surface impoundment. The Director may impose permit conditions, including monitoring appropriate to the hazard classification, inspection, and necessary repairs.

d. The owner or operator shall use armoring on any upstream slope of a CCR surface impoundment embankment. If the owner or operator uses rock riprap for armoring, it shall be well-graded, durable, sized to withstand wave action, and placed on a well-graded pervious sand and gravel bedding or geotextile with filtering capacity appropriate for the site.

e. The minimum width of the top of a CCR surface impoundment embankment is equal to the structural height of the CCR surface impoundment divided by 5 plus an additional 5 feet. The required minimum width for any CCR surface impoundment embankment is 12 feet. The maximum width for any CCR surface impoundment embankment is 25 feet.

Table 1. Minimum Factors of Safety for Stability

(Not applicable to an embankment on a clay shale foundation)

| Embankment Loading Condition | Minimum Factor of Safety | | --- | --- | | End of construction case for embankments greater than 50 feet in height on weak foundations | 1.4 | | Steady state seepage - upstream (critical partial pool) | 1.5 | | Instantaneous drawdown - upstream slope | 1.2 |

D. The requirements in this Section are based on Arizona dam safety standards additional to those in 40 CFR 257, subpart D, as incorporated in this Article, and do not apply to:

1. CCR surface impoundments with a maximum height of less than 6 feet, regardless of storage capacity;

2. CCR surface impoundments with a maximum height of between 6 and 25 feet and a storage capacity of less than 50 acre-feet; or

3. CCR surface impoundments with a maximum height greater than 25 feet and a storage capacity of 15 acre-feet or less.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1003.02 Additional Emergency Action Plan Requirements for CCR Surface Impoundments

A. In addition to the emergency action plan (EAP) requirements in 40 CFR 257.73(a)(3) and 257.74(a)(3), the EAP shall:

1. Contain a notification chart showing the priority for notification in an emergency situation. The owner shall notify local emergency response agencies, affected downstream populations, county emergency management agencies, and affected flood control districts;

2. Contain a delineation of potentially unsafe conditions, evaluation procedures, and triggering events that require the initiation of partial or full emergency notification procedures, based on the urgency of the situation; including the following:

a. Sliding of upstream or downstream slopes or abutments contiguous to the CCR surface impoundment;

b. Sudden subsidence of the top of the CCR surface impoundment;

c. Longitudinal or transverse cracking of the top of the CCR surface impoundment;

d. Unusual release of water from the downstream slope or face of the CCR surface impoundment;

e. Other unusual conditions at the downstream slope of the CCR surface impoundment;

f. Significant landslides in the reservoir area;

g. Increasing volume of seepage;

h. Cloudy seepage or recent deposits of soil at seepage exit points;

i. Sudden cracking or displacement of concrete in a concrete or masonry CCR surface impoundment spillway or outlet works;

j. Loss of freeboard or CCR surface impoundment cross section due to storm wave erosion;

k. Flood waters overtopping an embankment CCR surface impoundment; or

l. Spillway backcutting that threatens evacuation of the reservoir.

3. Contain a specific notification procedure for each emergency situation anticipated;

4. Contain a description of emergency supplies and resources, equipment access to the site, and alternative means of communication.

5. Require the owner to submit a copy of the proposed emergency action plan for review by the Arizona Division of Emergency Management and all local emergency coordinators involved in the plan. The owner shall incorporate appropriate recommendations generated by the reviews and submit the revised emergency action plan to the Department.

6. Be reviewed and updated, at a minimum, every year to ensure the information is accurate and to incorporate changes such as new personnel, changing roles of emergency agencies, emergency response resources, conditions of the surface impoundment and information learned from mock exercises. The owner shall send updated portions of the plan to persons and agencies holding copies of the plan within 15 days after preparation of an update. The updated plan shall be placed in the facility's operating record as required by § 257.105(f)(6).

7. Notwithstanding paragraph (6) above, the owner or operator of a CCR surface impoundment may amend the written EAP at any time provided the revised plan is placed in the facility's operating record as required by § 257.105(f)(6). The owner or operator must amend the written EAP whenever there is a change in conditions that would substantially affect the EAP in effect.

8. Be certified by a qualified professional engineer stating that the written EAP, and any subsequent amendment of the EAP, meets the requirements of this Article.

B. In addition to the emergency action plan requirements in §§ 257.73(a)(3) and 257.74(a)(3), as incorporated:

1. The owner or operator shall increase the frequency of observation when the reservoir is full, during heavy rains or flooding, and following an earthquake.

2. The owner or operator is responsible for the safety of the CCR surface impoundment and shall take action to lower any liquid portion of the reservoir if it appears that the impoundment has weakened or is in danger of failing.

3. The owner or operator of a CCR surface impoundment shall immediately notify the Department and responsible authorities in adjacent and downstream communities, including emergency management authorities, of a condition that may threaten the safety of the impoundment. The owner shall take necessary actions to protect human life and property, including action required under an emergency action plan or order issued under this Article. The owner shall report these actions to the Director as soon as possible, but not later than 12 hours after discovery of the conditions.

4. If CCR surface impoundment failure appears imminent, the owner or operator shall notify the county sheriff, and the Arizona Department of Public Safety or other emergency official immediately.

The owner or operator shall notify the Director immediately of any emergency condition that exists and any emergency action taken.

6. Emergency actions not impairing the safety of the CCR surface impoundment may be taken before guidance can be provided by an engineer and do not require prior approval of the Director. Emergency actions do not excuse an owner's responsibility to promptly undertake a permanent solution. Emergency actions include:

a. Stockpiling materials such as riprap, earth fill, sand, sandbags, and plastic sheeting.

b. Lowering the reservoir level by making releases through the outlet or a gated spillway, by pumping, or by siphoning.

c. Armoring eroded areas by placing sandbags, riprap, plastic sheeting, or other available material.

d. Plugging leakage entrances on the upstream slope.

e. Increasing freeboard by placing sandbags or temporary earth fill on the CCR surface impoundment.

f. Diverting flood waters to prevent them from entering the reservoir basin.

g. Constructing training berms to control flood waters.

h. Placing sandbag ring dikes or reverse filter materials around boils at the downstream toe to provide back pressure.

i. Removing obstructions from outlet or spillway flow areas.

7. Emergency actions impairing the safety of the CCR surface impoundment require prior approval of the Director. An owner shall not lower the water level by excavating the spillway or embankment unless failure is imminent.

8. The Director shall issue an emergency approval to repair, alter, or remove an existing CCR surface impoundment if the Director finds that immediate remedial action is necessary to alleviate an imminent threat to human life or property.

a. The emergency approval shall be provided in writing.

b. The emergency approval may contain conditions the Director determines are appropriate to protect human life or property.

c. The emergency approval is effective immediately for 30 days after notice is issued unless extended in writing by the Director. The Director shall also send notice to the county flood control district of the county in which the CCR surface impoundment is located, all municipalities within five miles downstream of the CCR surface impoundment, and any additional persons identified in the emergency action plan.

d. The Director may institute legal or administrative proceedings that the Director deems appropriate for violations of the emergency approval or conditions of the emergency approval.

e. After the Director issues an emergency approval, the Department shall post information related to the approval on the Department's CCR website as soon as practicable.

C. The requirements in this Section are based on Arizona dam safety standards additional to those in 40 CFR 257, subpart D, as incorporated in this Article, and do not apply to:

1. CCR surface impoundments with a maximum height of less than 6 feet, regardless of storage capacity;

2. CCR surface impoundments with a maximum height of between 6 and 25 feet and a storage capacity of less than 50 acre-feet; or

3. CCR surface impoundments with a maximum height greater than 25 feet and a storage capacity of 15 acre-feet or less.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1004 Operating Criteria

A. 40 CFR 257.80 through 40 CFR 257.84, revised as of December 14, 2020 (and no future editions) are incorporated by reference, modified by the following subsections, and on file with ADEQ:

B. 40 CFR 257.82(a)(3) is amended as follows: "(3) The inflow design flood is:

(i) For a high hazard potential CCR surface impoundment, as determined under § 257.73(a)(2) or § 257.74(a)(2), the probable maximum flood;

(ii) For a significant hazard potential CCR surface impoundment, as determined under § 257.73(a)(2) or § 257.74(a)(2), the 1,000-year flood or, for new impoundments and lateral expansions, 0.5 PMF, whichever is greater;

(iii) For a low hazard potential CCR surface impoundment, as determined under § 257.73(a)(2) or § 257.74(a)(2), the 100-year flood or, for new impoundments and lateral expansions, 0.25 PMF, whichever is greater; or

(iv) For an incised CCR surface impoundment, the 25-year flood."

C. In addition to the requirements in 40 CFR 257.82(a), the following requirements are added:

1. Inflow Design Flood Requirements. For new impoundments and lateral expansions, an owner or operator shall ensure that the total freeboard is the largest of the following:

a. The sum of the inflow design flood maximum water depth above the spillway crest plus wave run up.

b. The sum of the inflow design flood maximum water depth above the spillway crest plus 3 feet.

c. A minimum of 5 feet.

2. Surface Impoundment Site and Reservoir Area Requirements

a. An owner or operator shall demonstrate that reservoir storage during the inflow design flood will not result in incremental adverse consequences during the inflow design flood. In determining whether a discharge will result in incremental adverse consequences, the Director shall evaluate whether the owner or operator has taken any or all of the following actions: issuing public notice to upstream affected property owners, complying with flood insurance requirements, adopting emergency action plans, conducting mock flood drills, acquiring flood easements or other acquisitions of real property, or other actions appropriate to safeguard the CCR surface impoundment site and reservoir.

b. The owner or operator shall clear the reservoir storage area of debris.

c. The owner or operator shall place borrow areas a safe distance from the upstream toe and the downstream toe of the CCR surface impoundment to prevent a piping failure of the CCR surface impoundment.

d. The owner or operator shall keep the top of the CCR surface impoundment and appurtenant structures accessible by equipment and vehicles for emergency operations and maintenance.

D. In addition to the requirements in 40 CFR 257.82(b), the following requirement are added:

1. Emergency Spillway Requirements. An owner or operator of a new CCR surface impoundment with emergency spillways or a lateral expansion of a CCR surface impoundment with emergency spillways shall:

a. Construct each spillway in a manner that avoids flooding in excess of the flooding that would have occurred in the same location under the same conditions before construction. The owner or operator of a CCR surface impoundment shall demonstrate that a spillway discharge would not result in incremental adverse consequences. In determining whether a spillway discharge of a CCR surface impoundment would result in incremental adverse consequences, the Director shall evaluate whether the owner or operator has taken any or all of the following actions: issuing public notice to downstream property owners, complying with flood insurance requirements, adopting emergency action plans, conducting mock flood drills, acquiring flow easements or other acquisitions of real property, or other actions appropriate to safeguard the CCR surface impoundment site and flood channel.

b. Include a control structure to avoid head cutting and lowering of the spillway crest for spillways excavated in soils or soft rock. In the alternative, the design may provide evidence acceptable to the Director that erosion during the inflow design flood will not result in a sudden release of the reservoir.

c. Provide each spillway and channel with a minimum width of 10 feet and suitable armor to prevent erosion during the discharge resulting from the inflow design flood.

d. Ensure that downstream spillway channel flows do not encroach on the CCR surface impoundment unless suitable erosion protection is constructed.

e. Not construct bridges or fences across a spillway unless the construction is approved as part of the CCR facility permit. The CCR facility permit may include conditions regarding the design and operation of the spillway and fencing, based on safety concerns.

f. Not use a pipe or culvert as an emergency spillway unless specifically approved in the CCR facility permit following review of the CCR surface impoundment design and site characteristics.

Outlet Works Requirements. An owner or operator shall ensure that a CCR surface impoundment that has outlet works has a low-level outlet works that:

a. Is capable of draining the reservoir to the sediment pool level or CCR surface. A low-level outlet works for a high or significant hazard potential CCR surface impoundment shall be a minimum of 36 inches in diameter. A low-level outlet works for a low hazard potential CCR surface impoundment shall be a minimum of 18 inches in diameter.

b. Has a filter diaphragm or other current practice measures to reduce the potential for piping along the conduit.

c. Has accessible outlet controls when the spillway is in use.

d. Has an emergency manual override system or can be operated manually.

e. Is constructed of materials appropriate for loading condition, seismic forces, thermal expansion, cavitation, corrosion, and potential abrasion. The owner or operator shall not use corrugated metal pipes or other thin-walled pipes except as a form for a cast-in-place concrete conduit. The owner or operator shall construct outlet conduits of cast-in-place reinforced concrete. The owner or operator shall design each outlet to maintain water tightness. The owner or operator shall construct each outlet to prevent the occurrence of piping adjacent to the outlet.

f. Has an operating or guard gate on the upstream end of any gated outlet.

g. Has an outlet conduit near the base of one of the abutments on native bedrock or other competent material. The entire length of the conduit shall be supported on foundation materials of uniform density and consistency to prevent adverse differential settlement.

h. Has an upstream valve or gate capable of controlling the discharge through all ranges of flow on any gated outlet conduit.

i. Has a trashrack designed for a minimum of 25% of the reservoir head to which it would be subjected if completely clogged at the upstream end of the outlet.

j. Has an outlet conduit designed for internal pressure equal to the full reservoir head and for superimposed embankment loads, acting separately.

E. 40 CFR 257.83(a)(1)(i) is amended to read: "At intervals not exceeding seven days, inspect for any appearances of actual or potential structural weakness and other conditions which are disrupting or have the potential to disrupt the operation or safety of the CCR unit. The owner or operator shall increase the frequency of observation when the reservoir is full, during heavy rains or flooding, and following an earthquake."

F. 40 CFR 257.83, titled "Inspection requirements for CCR surface impoundments", subsection (b)(1) is amended to read: "If the existing or new CCR surface impoundment or any lateral expansion of the CCR surface impoundment is subject to the periodic structural stability assessment requirements under § 257.73(d) or § 257.74(d), the CCR unit must additionally be inspected on a periodic basis by a qualified professional engineer to ensure that the design, construction, operation, and maintenance of the CCR unit is consistent with recognized and generally accepted good engineering standards. The owner or operator shall notify the Director and submit a written summary of the engineer's qualifications at least 14 days before the scheduled inspection. The inspection must, at a minimum, include:"

G. In addition to the inspection requirements for CCR surface impoundments in 40 CFR 257.83(b)(1), the following requirements are added:

1. Inspection of any permanent monument or monitoring installations;

2. Assessment of all parts of the CCR surface impoundment that are related to the CCR surface impoundment's safety; and

3. A recommendation regarding the safe storage level of the impoundment.

H. In addition to the inspection requirements for CCR surface impoundments in 40 CFR 257.83(b)(5), the owner or operator shall notify the Department within 24 hours and in writing within five days if a deficiency or release could result in harm to human health or the environment or has resulted in a release. The owner or operator shall notify the Department in writing within 14 days of all other deficiencies under 40 CFR 257.83(b)(5).

I. In addition to the inspection requirements for CCR surface impoundments in 40 CFR 257.83, the following requirements are added:

1. Notwithstanding 40 CFR 257.73(a)(2)(i) and (ii) and 40 CFR 257.74(a)(2)(i) and (ii), a qualified professional engineer shall review the hazard potential classification of each CCR surface impoundment during each subsequent inspection under § 257.83(b)(4)(i) and revise the classification in accordance with current conditions.

2. Maintenance and Repair

a. An owner shall perform general maintenance and ordinary repairs that do not impair the safety of the CCR surface impoundment. General maintenance and ordinary repair activities listed under this subsection do not require prior approval of the Director. These repair activities include:

i. Removing brush or tall weeds.

ii. Cutting trees and removing slash from the embankment or spillway. Small stumps may be removed provided no excavation into the embankment occurs.

iii. Exterminating rodents by trapping or other methods. Rodent damage may be repaired provided it does not involve excavation that extends more than 2 feet into the embankment and replacement materials are compacted as they are placed.

iv. Repairing erosion gullies less than 2 feet deep on the embankment or in the spillway.

v. Grading the surface on the top of the CCR surface impoundment embankment or spillway to eliminate potholes and provide proper drainage, provided the freeboard is not reduced.

vi. Placing additional riprap and bedding on the upstream slope, or in the spillway in areas that have sustained minor damage and restoring the original riprap protection where the damage has not yet resulted in erosion and weakening of the CCR surface impoundment.

vii. Painting, caulking, or lubricating metal structures.

viii. Patching or caulking spalled or cracked concrete to prevent deterioration.

ix. Removing debris, rock, or earth from outlet conduits or spillway channels and basins.

x. Patching to prevent deterioration within outlet works.

xi. Replacing worn or damaged parts on outlet valves or controls to restore them to original condition or its equivalent.

xii. Repairing or replacing fences intended to keep traffic or livestock off the CCR surface impoundment or spillway.

b. General maintenance and ordinary repair that may impair or adversely affect safety, such as excavation into or near the toe of the CCR surface impoundment, construction of new appurtenant structures for the CCR surface impoundment, and repair of damage that has already significantly weakened the CCR surface impoundment shall be performed in accordance with this Article. The Director shall determine pursuant to R18-13-1017 whether general maintenance and ordinary repair activities not listed in paragraph (a) will impair safety.

J. Subsections (B) through (I) of this Section are based on Arizona dam safety standards additional to those in 40 CFR 257, subpart D, as incorporated in this Article, and do not apply to:

1. CCR surface impoundments with a maximum height of less than 6 feet, regardless of storage capacity;

2. CCR surface impoundments with a maximum height of between 6 and 25 feet and a storage capacity of less than 50 acre-feet; or

3. CCR surface impoundments with a maximum height greater than 25 feet and a storage capacity of 15 acre-feet or less.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1005 Groundwater Monitoring and Corrective Action

A. 40 CFR 257.90 through 40 CFR 257.98, revised as of December 14, 2020 (and no future editions) are incorporated by reference, modified by the following subsections, and on file with ADEQ, with the exception of 40 CFR 257.90(g), "Suspension of groundwater monitoring requirements".

B. 40 CFR 257.94(a) is amended as follows: "(a) The owner or operator of a CCR unit must conduct detection monitoring at all groundwater monitoring wells consistent with this section. At a minimum, a detection monitoring program must include groundwater monitoring for all constituents listed in appendix III to this part. The Director may require monitoring for constituents or pollutants not listed in appendix III based on information that non-CCR waste has been placed in a CCR unit. The owner or operator may propose to the Director that monitoring for non-CCR constituents be based on the facility's most recent aquifer protection permit. Requirements for non-CCR constituents at existing and new CCR units, including alert levels, discharge limitations, compliance schedules, corrective actions and temporary cessation or plans shall be no more stringent than required to satisfy the requirements of A.R.S. Title 49, Chapter 2, Article 3, and 18 A.A.C. 9, Articles 1 and 2."

C. 40 CFR 257.94(e)(2) is amended as follows: "(2) The owner or operator may demonstrate that a source other than the CCR unit caused the statistically significant increase over background levels for a constituent or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. An owner or operator that is investigating whether to submit an alternative source demonstration under this section, shall notify the Director in writing within seven days of that decision. The owner or operator shall complete the written demonstration within 90 days of determining that there is a statistically significant increase over background levels to include obtaining a certification from a qualified professional engineer verifying the accuracy of the information in the report, and submit the demonstration and certification to the Director for approval. If the owner or operator completes a successful demonstration, as supported by a certification from a qualified professional engineer, within the 90-day period, the owner or operator may continue with a detection monitoring program, unless such demonstration is subsequently disapproved by the Director. If a successful demonstration was not completed within the 90-day period or if the Director disapproves the demonstration, the owner or operator shall initiate an assessment monitoring program as required under § 257.95. The owner or operator also shall include the demonstration in the annual groundwater monitoring and corrective action report required by § 257.90(e), in addition to the certification by a qualified professional engineer and Director approval."

D. 40 CFR 257.95(g)(3)(ii) is modified as follows: "(ii) Demonstrate that a source other than the CCR unit caused the contamination, or that the statistically significant increase resulted from error in sampling, analysis, statistical evaluation, or natural variation in groundwater quality. An owner or operator that is investigating whether to submit an alternative source demonstration under this section, shall notify the Director in writing within seven days of that decision. Any such demonstration shall be supported by a report that includes the factual or evidentiary basis for any conclusions, and shall be certified to be accurate by a qualified professional engineer. The demonstration, report and certification shall be submitted to the Director for approval. If a successful demonstration is made, the owner or operator shall continue monitoring in accordance with the assessment monitoring program pursuant to this section, and may return to detection monitoring if the constituents in Appendix III and Appendix IV of this part are at or below background as specified in paragraph (e) of this section, unless such demonstration is subsequently disapproved by the Director. The owner or operator must also include the demonstration in the annual groundwater monitoring and corrective action report required by § 257.90(e), in addition to the certification by a qualified professional engineer and Director approval.

E. 40 CFR 257.95(g)(4) is modified as follows: "(4) If a successful demonstration has not been made at the end of the 90-day period provided by paragraph (g)(3)(ii) of this section, or if the Director disapproves the demonstration, the owner or operator of the CCR unit shall initiate the assessment of corrective measures requirements under § 257.96."

F. 40 CFR 257.95(h) is amended as follows:

"(h) The owner or operator of the CCR unit shall establish a groundwater protection standard for each constituent in appendix IV to this part and each pollutant identified pursuant to subsection (B) detected in the groundwater. The groundwater protection standard shall be:

(1) For constituents for which an Aquifer Water Quality Standard has been established under 18 A.A.C. 11, Article 4, either the Aquifer Water Quality Standard for that constituent, or the maximum contaminant level (MCL) that has been established under §§ 141.62 and 141.66 of this title, whichever is more stringent. For constituents for which no Aquifer Water Quality Standard exists, and for which a maximum contaminant level (MCL) has been established under §§ 141.62 and 141.66 of this title, the MCL for that constituent.

(2) For constituents for which no Aquifer Water Quality Standard exists, and for which a maximum contaminant level (MCL) has not been established under 40 CFR 141.62 and 141.66, the background concentration established from wells in accordance with § 257.91.

(3) For constituents for which the background level is higher than the levels identified under paragraph (h)(1) of this section, the background concentration."

G. 40 CFR 257.97, titled "Selection of remedy", paragraph (a) is amended as follows: "(a) Based on the results of the corrective measures assessment conducted under § 257.96, the owner or operator must, as soon as feasible, select a remedy that, at a minimum, meets the standards listed in paragraph (b) of this section. This requirement applies in addition to, not in place of, any applicable standards under the Occupational Safety and Health Act. The owner or operator must prepare a semiannual report describing the progress in selecting and designing the remedy. Upon selection of a remedy, the owner or operator must prepare a final report describing the selected remedy and how it meets the standards specified in paragraph (b) of this section. The owner or operator shall obtain a certification, from a qualified professional engineer, which shall be submitted to the Director for approval, that the remedy selected meets the requirements of this section. The report has been completed when it is placed in the operating record as required by § 257.105(h)(12). The remedy selected shall be incorporated into the initial CCR facility permit, or added to it as a major permit modification."

H. 40 CFR 257.98, titled "Implementation of the corrective action program" paragraph (e) is amended as follows: "(e) Upon completion of the remedy, the owner or operator must prepare a notification stating that the remedy has been completed. The owner or operator must obtain a certification, from a qualified professional engineer, which shall be submitted to the Director for approval, attesting that the remedy has been completed in compliance with the requirements of paragraph (c) of this section. The notification has been completed when it is placed in the operating record as required by § 257.105(h)(13)."

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1006 Closure and Post-Closure Care

40 CFR 257.100 through 40 CFR 257.104, revised as of December 14, 2020 (and no future editions) are incorporated by reference, on file with ADEQ, and modified by adding paragraph (4) to 40 CFR 257.104(b) as follows: "Inspection and monitoring, as required by § 257.83(b), as amended, shall continue throughout the post-closure care period."

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1007 Recordkeeping, Notification, and Posting of Information to the Internet

A. 40 CFR 257.105 through 40 CFR 257.107, revised as of December 14, 2020 (and no future editions) are incorporated by reference, modified by the following subsections, and on file with ADEQ.

B. 40 CFR 257.105(f)(6) is amended as follows: "(6) The emergency action plan (EAP), and any amendment of the EAP, as required by §§ 257.73(a)(3), 257.74(a)(3), and R18-13-1003.02, except that only the most recent EAP must be maintained in the facility's operating record irrespective of the time requirement specified in paragraph (b) of this section."

C. 40 CFR 257.105(h)(1) is amended as follows: "(1) All annual groundwater monitoring and corrective action reports, as required by § 257.90(e), throughout the active life of the unit and post-closure care period."

D. 40 CFR 257.105 is amended by adding paragraph (k) as follows: "By March 15 of each calendar year, the owner or operator of a CCR facility shall determine and place in the operating record the amount of CCR beneficially used in the previous calendar year. The amount shall be measured based on when the product leaves the facility site."

E. 40 CFR 257.105 is amended by adding paragraph (l) as follows: "The financial assurance cost estimate and financial assurance mechanisms used to satisfy R18-13-1020."

F. 40 CFR 257.106 is amended by adding paragraph (k) as follows: "The owner or operator of a CCR unit subject to this subpart shall notify the Director when information has been placed in the operating record under § 257.105(k)."

G. 40 CFR 257.107 is amended by adding paragraph (k): "(k) CCR Facility Permit. The owner or operator of a CCR unit subject to this subpart must place the entire CCR facility permit on the facility's CCR website. The placement of the initial permit shall be updated with each modification within 30 days of the Director's approval of the modification."

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1008 40 CFR 257, Appendices III and IV

40 CFR 257, Appendices III and IV, revised as of December 14, 2020 (and no future editions) are incorporated by reference and on file with ADEQ.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1010 Permit Application Requirements for CCR Facilities

A. The owner or operator of a CCR unit that meets the applicability requirements in 40 CFR 257.50 shall submit to the Director a complete application for an initial or a renewal CCR facility permit, any new CCR unit, or any lateral expansion to a CCR unit, on an application form, as described in this Section.

B. The time for application submittal shall be as follows:

1. An application for an initial CCR facility permit shall be submitted within 180 days after the effective date of CCR program approval. An application for an initial CCR facility permit may be submitted prior to CCR program approval as allowed under A.R.S. § 49-891(F).

2. An application for a new CCR unit or lateral expansion of a CCR unit shall be submitted before beginning construction. Construction may not begin until the Director issues approval through a permit or modification authorizing construction, unless:

a. For a CCR surface impoundment before a CCR facility permit has been issued for that facility, the owner or operator has obtained approval to construct from ADWR and demonstrates to the satisfaction of the Director that commencing construction before approval is necessary to comply with 40 CFR 257, as incorporated in this Article.

b. For a CCR unit other than a CCR surface impoundment before a CCR facility permit has been issued for that facility, the owner or operator demonstrates to the satisfaction of the Director that commencing construction before approval is necessary to comply with 40 CFR 257, as incorporated in this Article.

3. For a renewal permit as required under R18-13-1016(A).

C. The owner or operator shall hold a public meeting in order to solicit questions from the community and inform the community about its intended permit at one of the times listed in subsections (1) and (2). The owner or operator shall notify ADEQ at least 30 days before the meeting and provide adequate public notice for the meeting:

1. Within 90 days after receiving notice from the Director that its application is administratively complete, or

2. Prior to submitting an initial or renewal CCR facility permit application.

D. An owner or operator applying for a CCR facility permit shall provide the Department with the following information in the application and shall clearly identify any confidential business information that if made public, would divulge the trade secrets of the person as defined in A.R.S. § 49-201, or other information likely to cause substantial harm to the person's competitive position:

1. Sufficient information about the facility for the Director to establish permit conditions to ensure compliance with, including to assess the applicability of, applicable provisions in A.R.S Title 49, Chapter 4, and this Article. Such information includes but is not limited to physical location; description; operations; operating history; the address of the facility's CCR website; a list of other federal or state environmental permits issued to the owner or operator for the facility where the CCR unit is located; and for surface impoundments, the current Arizona Department of Water Resources license pursuant to A.A.C. R12-15-1214.

2. Sufficient information about the owners and operators of each CCR unit at the facility for the Director to identify, contact, communicate with them and determine compliance with A.R.S. Title 49, Chapter 4 and this Article. Such information includes, but is not limited to contact information, ownership status (e.g., private, governmental) of each CCR unit and CCR-related solid waste management operation at the facility; and a description of allocated responsibilities among owners and operators of CCR units at the facility. Each owner and operator of a CCR unit shall sign and certify the accuracy of the application, unless an agreement is provided to the Director that one owner or operator is signing and certifying for the rest.

3. Sufficient technical information about each CCR unit at the facility necessary for the Director to establish permit conditions to require compliance with, including to assess the applicability of, applicable provisions in A.R.S. Title 49, Chapter 4 and this Article. Such information includes, but is not limited to the location, design, construction, operation, maintenance, closure and retrofit of each CCR unit, descriptions of all CCR and non-CCR wastestreams placed into a CCR unit, as well as liners, controls, monitoring approaches, the groundwater monitoring system, and corrective action or remedial measures.

4. Sufficient technical and other information about the geologic and hydrogeologic characteristics and features of the area surrounding each CCR unit, including subsurface characteristics, to support decisions by the Director to establish permit conditions to require compliance with, including to assess the applicability of, applicable provisions of this Article, and to evaluate the compliance approaches proposed in the permit application. The owner and operator shall provide, at a minimum, information about the following in proximity to the CCR unit(s): floodplains and wetlands, fault lines or unstable areas, groundwater and surface water, soil and subsoil characteristics, groundwater well locations and uses, adjacent land uses, and other similar information.

Sufficient technical and other information characterizing conditions surrounding each CCR unit for the Director to establish permit conditions to require compliance with, including to assess the applicability of, applicable provisions in this Article. This includes but is not limited to groundwater, aquifers, soil, or other sampling data; date and procedures used to characterize background concentrations; well construction diagrams and drill logs; hydrogeologic cross-sections; information about the activities that yielded the sampling data, including quality assurance data; delineation of contaminant plumes; and other relevant information required to make technical assessments to characterize the presence or absence of leakage or releases from the CCR unit.

6. Plans, maps, drawings, diagrams, and other visual information, in addition to narrative information, including, at a minimum:

a. A site map, depicting the location of the CCR unit(s) and surrounding features representing site conditions, monitoring wells, and other pertinent information, including all known property lines, structures, water wells, injection wells, drywells and their uses, topography, the location of points of discharge, and all known borings.

b. A topographic map, depicting each CCR unit, surrounding geologic and hydrogeologic features, surface water features, access and haul roads, and other pertinent information. Information in these maps must be provided to allow the Director to understand site conditions and evaluate compliance strategies proposed by the owner and operator, to draft terms and conditions that will achieve compliance with the requirements of this Article.

c. Potentiometric maps depicting groundwater flow direction, all CCR units at the facility, any delineated plumes of contamination from releases from CCR units, all groundwater monitoring wells or other monitoring points where water level data were gathered, potable wells on the facility property or nearby property, and other pertinent information. A sufficient number and quality of maps are required to represent seasonal or temporal changes in groundwater flow direction.

d. Other documents, including: hydrogeologic cross-sections depicting subsurface conditions, drill logs, CCR unit construction diagram(s), and groundwater monitoring well construction diagrams.

e. All site-specific compliance plans and assessments required by this Article (e.g., fugitive emissions/dust control plan required by § 257.80, emergency action plan required by § 257.73, run-on and run-off control system plan required by § 257.81(c), inflow design flood control system plan required by § 257.82(c), closure plan or retrofit plan required by § 257.102, and post-closure care plan required by § 257.104).

f. All certifications and other documentation of decisions made or actions taken such as:

i. Certifications concerning the initial and periodic structural stability assessments required by §§ 257.73(d) and 257.74(d).

ii. Certifications concerning the initial and periodic safety factor assessments required by §§ 257.73(e) and 257.74(e).

iii. The inflow design flood certification under § 257.82(c)(5), the most recent inspection report required by § 257.83(b)(2), and the most recent hazard class certification required by § 257.73(a)(2)(ii).

iv. Documentation supporting a groundwater monitoring program meeting all requirements of 257.91 and 257.93 including certifications that the design and construction of the system meets the requirements of 257.91 and that the statistical method for evaluating groundwater monitoring data is appropriate pursuant to § 257.93(f)(6). The groundwater monitoring program shall also demonstrate compliance with 257.94, 257.95, or 257.98, as applicable;

v. The most recent annual groundwater monitoring and corrective action report prepared pursuant to 257.90(e);

vi. Any notice of return to detection monitoring from assessment monitoring pursuant to § 257.95(e);

vii. Any alternative source demonstration pursuant to § 257.94(e)(2) or § 257.95(g)(3)(ii);

viii. Any assessment of corrective measures pursuant to § 257.96, along with the certification for any extension of time to complete the assessment and documentation of the public meeting required by § 257.96(e);

ix. Any selection of remedy required by § 257.97;

x. Documentation supporting implementation of the corrective action programs as required by § 257.98;

xi. A report describing any CCR units that the facility has closed since October 19, 2015. The report shall demonstrate that closure complied with the requirements of 40 CFR 257, subpart D at the time of closure, be certified by a qualified professional engineer, and shall include the post-closure plan, if applicable; and

xii. Technical data, such as design drawings and specifications, cost estimates, and engineering studies shall be certified by a qualified professional engineer.

The expected operational life of each CCR unit.

8. If submitting financial assurance as provided by A.R.S. § 49-770(C), the information required by R18-13-1020.

9. The applicable fee established in R18-13-1021.

10. Certification in writing that the information submitted in the application is true and accurate to the best of the knowledge of each owner and operator or as provided in subsection (D)(2) of this Section.

11. For any new CCR surface impoundment, and any lateral expansion, reconstruction, repair, or enlargement of a CCR surface impoundment, the information required by this Section, R18-13-1003.01, and R18-13-1010.01, prepared by or under the supervision of a qualified professional engineer.

a. A construction quality assurance plan describing all aspects of construction supervision.

b. The following may be submitted with the application or during construction.

i. An emergency action plan as prescribed in 40 CFR 257.73 and 257.74 and R18-13-1003.02.

ii. An operation and maintenance plan to accomplish the annual maintenance.

iii. An instrumentation plan regarding instruments that evaluate the performance of the CCR surface impoundment.

12. For a CCR surface impoundment, a statement by a qualified professional engineer that determines the CCR surface impoundment's hazard class in accordance with this Article. The qualified professional engineer shall submit a map of the area that would be inundated by failure or improper operation of the CCR surface impoundment. The qualified professional engineer shall demonstrate whether failure or improper operation of the CCR surface impoundment would result in:

a. Loss of human life. The demonstration may be based on an emergency action plan for persons who may be in the area of inundation;

b. Significant incremental adverse consequences; or

c. Significant intangible losses, as defined in R18-13-1001 and identified and evaluated by a public natural resource management or protection agency.

13. The Department may require additional information as necessary for the protection of human life, property, human health and the environment.

E. Completeness. When the Director receives an application containing the information required by this Section for all applicable CCR units and CCR-related solid waste management operations at the facility and that meets the administrative completeness requirements of R18-1-503(A), the Director shall notify the owner or operator that the application is complete. The Department shall post a notice on the Department's website pursuant to R18-13-1018.

F. After a permit application is determined by the Director to be complete, and before permit issuance, the owner or operator shall notify the Director if any application components have changed or need to be added.

G. The owner or operator of a CCR unit that has submitted an application for dam modification to the Arizona Department of Water Resources related to a CCR surface impoundment after July 12, 2024 shall notify the Department within 30 days of submittal or the effective date of this rule, whichever is later. For the purposes of this subsection, an "application for dam modification" means an application submitted to the Arizona Department of Water Resources under A.A.C. R12-15-1208 through R12-15-1211.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1010.01 Additional Application Requirements for Constructing or Modifying CCR Surface Impoundments for Applications Submitted After CCR Program Approval

A. The requirements in this Section are additional to those in 40 CFR 257, subpart D, as incorporated in this Article, and do not replace or negate any requirement of 40 CFR 257, subpart D, as incorporated herein.

B. Applications to Construct, Reconstruct, Repair, Enlarge, or Alter a High or Significant Hazard Potential CCR Surface Impoundment. An application to construct, reconstruct, repair, enlarge, alter or laterally expand a high or significant hazard potential CCR surface impoundment shall include the following prepared by or under the supervision of a qualified professional engineer:

1. All construction drawings as prescribed in subsection (G)(1) of this Section.

2. All construction specifications as prescribed in subsection (G)(2) of this Section.

3. An engineering design report that includes information needed to evaluate all aspects of the design of the CCR surface impoundment and appurtenances, including references with page numbers to support any assumptions used in the design, as prescribed in subsection (G)(3) of this Section. The engineering design report shall recommend a safe storage level for existing CCR surface impoundments being reconstructed, repaired, enlarged, or altered.

4. A construction quality assurance plan describing all aspects of construction supervision.

C. Applications to Breach or Remove a High or Significant Hazard Potential CCR Surface Impoundment Embankment.

1. An application shall include plans for the excavation of the embankment down to the level of the natural ground at the maximum section. Upon approval of the Director, additional breaches may be made. This provision shall not be construed to require more than total removal of the embankment regardless of the flood magnitude. The breach or breaches shall be of sufficient width to pass the greater of:

a. The 100-year flood at a depth of less than 5 feet, or

b. The 100-year flood at a normal flood depth of not more than 2 feet at a distance of 2,000 feet downstream of the CCR surface impoundment.

2. The sides of each breach shall be excavated to a slope ratio that is stable and not steeper than 1 horizontal to 1 vertical.

3. Each breach shall be designed to prevent silt or CCR that has previously been deposited on the reservoir bottom and the excavated material from the breach from washing downstream.

4. Before breaching the CCR surface impoundment embankment, the reservoir shall be emptied in a controlled manner that will not endanger lives or damage downstream property. The applicant shall obtain approval from the Director for the method of breaching or removal.

5. An application to breach or remove a high or significant hazard potential CCR surface impoundment embankment shall include the following prepared by or under the supervision of a qualified professional engineer:

a. The construction drawing or drawings for the breach or removal of a CCR surface impoundment, including the location, dimensions, and lowest elevation of each breach.

b. A construction quality assurance plan describing all aspects of construction supervision.

6. Reduction of a high or significant hazard potential CCR surface impoundment to a size less than subsection (H)(1), (H)(2) or (H)(3) of this Section shall be approved pursuant to R18-13-1017 under the following circumstances:

a. The owner or operator shall submit a completed application and construction drawings for the reduction and the appropriate specifications, prepared by or under the supervision of a qualified professional engineer.

b. The construction drawings and specifications shall contain sufficient detail to enable a contractor to bid on and complete the project.

c. The plans shall comply with all requirements of this subsection (C) except that the breach is not required to be to natural ground.

d. Upon completion of the reduction to a size less than subsection (H)(1), (H)(2) or (H)(3) of this Section, the qualified professional engineer shall file as constructed drawings and specifications with the Department.

D. Applications to Construct, Reconstruct, Repair, Enlarge, Alter, Breach, or Remove a Low Hazard Potential CCR Surface Impoundment.

1. An application package to construct, reconstruct, repair, enlarge, or alter a low hazard potential CCR surface impoundment shall include the following prepared by or under the supervision of a qualified professional engineer:

a. Files of all construction drawings as prescribed by subsection (G)(1) of this Section.

b. Files of all construction specifications as prescribed by subsection (G)(2) of this Section.

c. An engineering design report that includes information needed to evaluate all aspects of the design of the CCR surface impoundment and appurtenances, including references with page numbers to support any assumptions used in the design, as prescribed in subsection (G)(3) of this Section.

2. An application package for the breach or removal of a low hazard potential CCR surface impoundment embankment shall include the following:

a. A completed application shall contain the following information:

i. The name and address of the owners and operators of the CCR surface impoundment.

ii. A description of the proposed removal.

iii. The proposed time for beginning and completing the removal.

b. A statement by a qualified professional engineer demonstrating both of the following:

i. That the CCR surface impoundment embankment will be excavated to the level of natural ground at the maximum section; and

ii. That the breach or breaches will be of sufficient width to pass the greater of:

(1) The 100-year flood at a depth of less than 5 feet, or

(2) The 100-year flood at a normal flood depth of not more than 2 feet at a distance of 2,000 feet downstream of the CCR surface impoundment embankment,

(3) This paragraph (ii) shall not be construed to require more than a total removal of the CCR surface impoundment embankment regardless of flood magnitude.

iii. That the sides of the breach will be excavated to a slope ratio that is stable and not steeper than 1 horizontal to 1 vertical.

Within 90 days after completing removal of a low hazard potential CCR surface impoundment embankment, the owner or operator shall file the following:

a. A brief completion report, including a description of the causes for any changes or deviations from the approved application package prepared by the qualified professional engineer who supervised the construction, in accordance with A.R.S. Title 32, Chapter 1. The qualified professional engineer shall certify that the as removed drawings and the report accurately represent the actual removal of the CCR surface impoundment embankment.

b. As-removed drawings prepared and sealed by the qualified professional engineer who supervised the removal. The owner or operator and the qualified professional engineer shall maintain a record of the drawings.

E. Construction of a High, Significant, or Low Hazard Potential CCR surface impoundment.

1. Before commencement of construction activities, the owner or operator shall invite to a pre-construction conference all involved regulatory agencies, the prime contractor, and all subcontractors. At this meeting the Department shall identify, to the extent possible, the key construction stages at which an inspection will be made. At least 48 hours before each key construction stage identified for inspection, the owner or operator or the owner's qualified professional engineer shall provide notice to the Department.

2. The owner or operator's qualified professional engineer shall oversee construction of a new CCR surface impoundment or the lateral expansion reconstruction, repair, enlargement, alteration, breach, or removal of an existing CCR surface impoundment.

3. A qualified professional engineer shall supervise or direct the supervision of construction in accordance with the construction quality assurance plan.

4. The owner or operator's qualified professional engineer shall submit summary reports of construction activities and test results according to a schedule approved by the Department.

5. The owner or operator shall immediately report to the Department any condition encountered during construction that requires a deviation from the approved plans and specifications.

6. The owner or operator shall promptly submit a written request for approval of any necessary change with sufficient information to justify the proposed change. The owner or operator shall not commence construction without the written approval of the Director unless the change is a minor change. A minor change is a change that complies with the requirements of this Article and provides equal or better safety performance.

7. Upon completion of construction, the owner or operator shall notify the Department in writing. The Department shall make a final inspection. The owner or operator shall correct any deficiencies noted during the inspection. The owner shall not use the CCR surface impoundment before issuance of a permit or permit modification unless the Director issues written approval.

F. Completion Documents for a Significant or High Hazard Potential CCR Surface Impoundment. Within 90 days after completion of the construction or removal work for a significant or high hazard potential CCR surface impoundment and final inspection by the Department, the owner or operator shall file the following:

1. One set of full sized as constructed drawings prepared and sealed by the qualified professional engineer who supervised the construction. If changes were made during construction, the owner or operator shall file supplemental drawings showing the CCR surface impoundment and appurtenances as actually constructed.

2. Construction records, including grouting, materials testing, and locations and baseline readings for permanent bench marks and instrumentation, initial surveys, and readings.

3. Photographs of construction from exposure of the foundation to completion of construction.

4. A brief completion report summarizing the salient features of the project, including a description of the causes for any changes or deviations from the approved drawings and specifications that were made during the construction phase.

5. A schedule for filling the impoundment, specifying fill rates, CCR surface or liquid level elevations to be held for observation, and a schedule for inspecting and monitoring the CCR surface impoundment.

6. An operating manual for the CCR surface impoundment and its appurtenant structures. The operating manual shall include a process for safety inspections prescribed in R18-13-1004. The operating manual shall include schedules for surveillance activities and baseline information for any installed instrumentation as follows:

a. The frequency of monitoring,

b. The data recording format,

c. A graphical presentation of data, and

d. The person who will perform the work.

G. Construction Drawings, Construction Specifications, and Engineering Design Report for a High, Significant, or Low Hazard Potential CCR Surface Impoundment. The owner or operator and qualified professional engineer are responsible for complete and adequate design of a CCR surface impoundment and for including in the application all aspects of the design pertaining to the safety of the CCR surface impoundment.

1. Construction Drawing Requirements. The construction drawings required by subsections (B), (C), and (D) of this Section shall include the following:

a. The seal and signature of a qualified professional engineer.

b. One or more topographic maps of the CCR surface impoundment, spillway, outlet works, and reservoir on a scale large enough to accurately locate the CCR surface impoundment and appurtenances, indicate cut and fill lines, and show the property lines and ownership status of the land. Contour intervals shall be compatible with the height and size of the CCR surface impoundment and its appurtenances and shall show design and construction details.

c. A reservoir area and capacity curve that reflect area in acres and capacity in acre-feet in relation to depth of CCR and liquids and elevation in the reservoir. The construction drawings shall show the spillway invert and top of CCR surface impoundment elevations. The construction drawings shall also show the reservoir volume and space functional allocations. The construction drawings may include alternate scales as required for the owner or operator's use.

d. Spillway and outlet works rating curves and tables at a scale or scales that allow determination of discharge rate in cubic feet per second at both low and high flows as measured by depth of water passing over the spillway control section.

e. A location map showing the CCR surface impoundment footprint and all exploration drill holes, test pits, trenches, adits, borrow areas, and bench marks with elevations, reference points, and permanent ties. This map shall use the same vertical and horizontal control as the topographic map.

f. Geologic information including 1 or more geologic maps, profile along the centerline, and other pertinent cross sections of the CCR surface impoundment site, spillway or spillways, and appurtenant structures, aggregate and material sources, and reservoir area at 1 or more scales compatible with the site and geologic complexity, showing logs of exploration drill holes, test pits, trenches, and adits.

g. One or more plans of the CCR surface impoundment to delineate design and construction details.

h. Foundation profile along the CCR surface impoundment embankment centerline at a true scale where the vertical scale is equal to the horizontal scale, showing the existing ground and proposed finished grade at cut and fill elevations, including anticipated geologic formations. The foundation profile shall include any proposed grout and drain holes.

i. Profile and a sufficient number of cross sections of the CCR surface impoundment embankment to delineate design and construction details. The drawings shall illustrate and show dimensions of camber, details of the top, core zone, interior filters and drains, and other zone details. The profile of the CCR surface impoundment may be drawn to different horizontal and vertical scales if required for detail. A maximum section of the CCR surface impoundment shall be drawn to a true scale, where the vertical scale is equal to the horizontal scale. The outlet conduit may be shown on the maximum section if this is typical of the proposed construction.

j. One or more CCR surface impoundment embankment foundation plans showing excavation grades and cut slopes with any proposed foundation preparation, grout and drain holes, and foundation dewatering requirements.

k. Plan, profile, and details of the outlet works, including the intake structure, the gate system, conduit, trashrack, conduit filter diaphragm, conduit concrete encasement, and the downstream outlet structure. The drawings shall include all connection and structural design details.

l. Plan, profile, control section, and cross sections of the spillway, including details of any foundation preparation, grouting, or concrete work that is planned. A complex control structure, a concrete chute, or an energy dissipating device for a terminal structure shall include both hydraulic and structural design details.

m. Hydrologic data, drainage area and flood routing, and diversion criteria.

2. Construction Specification Requirements. The construction specifications required by subsections (B), (C) and (D) of this Section shall include the following:

a. The seal and signature of a qualified professional engineer.

b. The statement that the construction drawings and specifications shall not be materially changed without the prior written approval of the Director.

c. A detailed description of the work to be performed and a statement of the requirements for the various types of materials and installation techniques that will enter into the permanent construction.

d. The statement that construction shall not be considered complete until the Director has approved the construction in writing.

e. The statement that the owner or operator's qualified professional engineer shall control the quality of construction.

f. The following construction information:

i. All earth and rock material descriptions, placement criteria, and construction requirements for all elements of the CCR surface impoundment and related structures.

ii. All concrete, grout, and shotcrete material and mix descriptions, placement and consolidation criteria, temperature controls, and construction requirements for all elements of the CCR surface impoundment and related structures.

iii. Material criteria and material testing, cleaning, and treatment. If foundation or curtain grouting is required, the specifications shall describe the type of grout, grouting method, special equipment necessary, recording during grouting, and foundation monitoring to avoid disturbance from grouting.

iv. All materials testing that will be performed by the contractor for pre-qualification of materials, including special performance testing, such as water pressure tests in conduits. The Director shall accept materials that are pre-tested successfully and constructed in-place in accordance with specifications.

v. A plan for control or diversion of surface water during construction. The design qualified professional engineer may determine frequency of storm runoff to be controlled during construction, commensurate with the risk of economic loss during construction.

vi. Criteria for blast monitoring and acceptable blast vibration levels, including particle velocities for the CCR surface impoundment and other critical appurtenances. Monitoring equipment and monitoring locations shall be specified.

vii. Instrumentation material descriptions, placement criteria, and construction requirements and a statement that instrumentation shall be installed by experienced specialty subcontractors.

3. Engineering Design Report Requirements. The engineering design report required by subsections (B), (C) and (D) of this Section shall include the following:

a. The seal and signature of a qualified professional engineer.

b. The classification under 40 CFR 257.74(a)(2) of the proposed CCR surface impoundment, or for the proposed lateral expansion of an existing CCR surface impoundment.

c. Hydrologic considerations, including calculations and a summary table of data used in determining the required emergency spillway capacity and freeboard, and design of any diversion or detention structures. The design report shall include input and output listings.

d. Hydraulic characteristics, engineering data, and calculations used in determining the capacities of the outlet works and emergency spillway. The design report shall include input and output listings.

e. Geotechnical investigation and testing of the CCR surface impoundment site and reservoir basin. Results and analysis of subsurface investigations, including logs of test borings and geologic cross sections.

f. Guidelines and criteria for blasting to be used by the contractor in preparing the blasting plan.

g. Details of the plan for control or diversion of surface water during construction.

h. Details of the dewatering plan for subsurface water during construction.

i. Testing results of earth and rock materials, including the location of test pits and the logs of these pits.

j. Discussion and design of the foundation blanket grouting, grout curtain, and grout cap based on foundation stability and seepage considerations.

k. Calculations and basic assumptions on loads and limiting stresses for reinforced concrete design. The design report shall include input and output listings.

l. A discussion and stability analysis of the CCR surface impoundment embankment including appropriate seismic loading, safety factors, and embankment zone strength characteristics. Analyses shall include both short-term and long-term loading on upstream and downstream slopes. The design report shall include input and output listings.

m. A discussion of seismicity of the project area and activity of faults in the vicinity. The design report shall use both deterministic and statistical methods and identify the appropriate seismic coefficient for use in analyses.

n. Discussion and design of the cutoff trench based on seepage and other considerations.

o. Permeability characteristics of foundation and CCR surface impoundment embankment materials, including calculations for seepage quantities through the CCR surface impoundment, the foundation, and anticipated in the internal drain system. The design report shall include input and output listings. The design report shall include copies of any flow nets used.

p. Discussion and design of internal drainage based on seepage quantity calculations. The design report shall include instrumentation necessary to monitor the drainage system and filter design calculations for protection against piping of foundation and embankment.

q. Erosion protection against waves and rainfall runoff for both the upstream and downstream slopes, as appropriate.

r. Discussion and design of foundation treatment to compensate for geological weakness in the CCR surface impoundment foundation and abutment areas and in the spillway foundation area.

s. Post-construction vertical and horizontal movement systems.

t. Discussion of foundation conditions including the potential for subsidence, fissures, dispersive soils, collapsible soils, and sink holes.

H. This Section consists of enhancements to 40 CFR 257, subpart D based on Arizona dam safety standards and apply in addition to 40 CFR 257, subpart D but do not apply to:

1. CCR surface impoundments with a maximum height of less than 6 feet, regardless of storage capacity;

2. CCR surface impoundments with a maximum height of between 6 and 25 feet and a storage capacity of less than 50 acre-feet; or

3. CCR surface impoundments with a maximum height greater than 25 feet and a storage capacity of 15 acre-feet or less.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1011 Permit Contents

A. Standard permit conditions for CCR facility permits. The following conditions shall be incorporated into all CCR facility permits either expressly or by reference. If incorporated by reference, a specific citation to these regulations shall be provided in the permit.

1. Duty to comply. The owner or operator shall comply with all conditions of this CCR facility permit, except to the extent and for the duration any noncompliance is authorized by the Director. Any unauthorized permit noncompliance constitutes a violation of this Article and is subject to enforcement action, permit termination, or denial of a permit application.

Duty to reapply. If the owner or operator wishes to continue an activity regulated by this permit after the expiration date of the permit, the owner or operator shall apply for and obtain a new permit.

3. Need to halt or reduce activity not a defense. It shall not be a defense for an owner or operator in an enforcement action that it would have been necessary to halt or reduce the permitted activity in order to maintain compliance with the conditions of this permit.

4. Requirement to mitigate impacts of noncompliance. In the event of noncompliance with this permit, the owner or operator shall take all reasonable steps to minimize releases to the environment and shall carry out such measures as necessary to reduce reasonable probability of adverse impacts on health and the environment.

5. New statutory requirements or regulations. If the standards or regulations on which this permit is based change through changes to statute, promulgation of new or amended regulations, or by judicial decision, and this results in failure of the permit terms and conditions to ensure compliance with the revised standard or regulation, the owner or operator shall apply for a permit modification. The owner or operator shall submit an application to modify this permit to include the revised requirements within 180 days after the change becomes effective.

6. Proper operation and maintenance. The owner or operator shall ensure the proper operation and maintenance of all units, appurtenant structures, ancillary equipment and systems of treatment and control, which are installed or used to achieve compliance with the conditions of this permit. Failure to properly operate and maintain such equipment or structures does not excuse failure to comply with requirements in this permit. The term "Proper operation and maintenance" includes effective performance, adequate funding, adequate staffing and training, and adequate laboratory and process controls, including appropriate quality assurance procedures. Operation of back-up or auxiliary equipment or similar systems is required only when necessary to achieve compliance with the conditions of this permit.

7. Permit actions. This permit may be modified, or terminated for cause. The application by the owner or operator for a permit modification, or termination, or anticipated noncompliance, does not stay any permit condition.

Property rights. The permit does not convey any property rights of any sort, nor any exclusive privilege.

Duty to provide information. The owner or operator shall furnish to the Director, within a reasonable time, any relevant information which the Director may request to determine whether cause exists for modifying, or terminating this permit, or to determine compliance with this permit. The owner or operator shall also furnish to the Director, upon request, copies of records required to be kept by this permit.

Inspection and entry. The owner or operator shall allow the Director or an authorized representative, upon the presentation of credentials and other documents as may be required by law, to:

a. Enter at reasonable times upon the permitted premises where a regulated unit or activity is located or conducted, or where records that must be kept under the conditions of this permit are located;

b. Have access to and copy, at reasonable times, any records that must be kept under the conditions of this permit;

c. Inspect at reasonable times any units, appurtenant structures, equipment (including monitoring and control equipment), practices, or operations regulated or required under this permit; and

d. Sample or monitor at reasonable times, for the purposes of assuring permit compliance or as otherwise authorized by this Article, any substances or parameters at any location.

11. Monitoring and records.

a. Samples and measurements taken for the purpose of monitoring shall be representative of the monitored activity.

b. The owner or operator shall retain records of all monitoring information, including all calibration, maintenance, and quality assurance records; all original monitoring data; copies of all reports and certifications required by this permit; and records of all data for a period of at least ten years from the date of the sample, measurement, report, certification, or application. This period may be extended by request of the Director at any time. The owner or operator shall maintain records and data used to support a permit application for the lifetime of the permit. The owner or operator shall maintain records of all groundwater monitoring, including records of groundwater well construction and groundwater elevation measurements, throughout the active life of the unit, the post-closure care period and until completion of all corrective action.

12. Signatory requirements. All applications, reports, or information required to be submitted to the Director by this permit shall be signed and certified by each owner and operator of a CCR unit unless an agreement is provided to the Director that one owner or operator is certifying for the rest.

13. Reporting requirements.

a. Anticipated noncompliance. The owner or operator shall provide written or electronic notice to the Director as soon as possible, but no later than 60 days in advance of any planned changes in the permitted facility or activity which may result in noncompliance with permit requirements.

b. The owner or operator shall report to the Department by phone or electronically any noncompliance or release which has a reasonable probability of adverse effects on health or the environment as soon as possible, and no later than 24 hours after the time the owner or operator first becomes aware of the circumstances. The notification shall include the following:

i. Information concerning release of any CCR that may endanger public drinking water supplies.

ii. Any information about a release of CCR that could have a reasonable probability of adverse effects on health or the environment outside the facility.

iii. The description of the release and its cause shall include:

(1) Name, business address, business email address, and business telephone number of the owner and operator;

(2) Name, address, email address, and telephone number of the facility;

(3) Date, time, and type of release;

(4) Name and quantity of material or materials involved;

(5) The extent of injuries, if any;

(6) An assessment of actual or potential hazards to the environment and human health outside the facility, where applicable;

(7) Estimated quantity and disposition of recovered material that resulted from the release; and

(8) Action taken to mitigate the risk, including any preparation in advance of a severe weather event

iv. A narrative shall also be posted on the facility CCR website no later than five days after the time the owner or operator becomes aware of the circumstances. The narrative shall contain a description of the noncompliance and its cause; the period of noncompliance including exact dates and times, and if the noncompliance has not been corrected, the anticipated time it is expected to continue; and steps taken or planned to reduce, eliminate, and prevent reoccurrence of the noncompliance. The Director may waive the five-day notice requirement in favor of posting a written report within fifteen days.

c. Where the owner or operator becomes aware that they failed to submit any relevant facts in a permit application or submitted incorrect information in a permit application or in any report to the Director, the owner or operator shall promptly submit such facts or corrected information to the Director.

14. Severability. Invalidation of a portion of this permit does not necessarily render the whole permit invalid. ADEQ intends that this permit remains in effect to the extent possible. In the event that any part of this permit is invalidated, the Director will advise the owner or operator as to the effect of such invalidation.

B. In addition to the standard conditions in subsection (A), the Director shall establish permit terms and conditions in a CCR facility permit, on a case-by-case basis, in accordance with the requirements and procedures of A.R.S. Title 49, Chapter 4 and this Article. At a minimum, each CCR facility permit shall include all permit terms and conditions necessary to ensure compliance with A.R.S. Title 49, Chapter 4 and this Article.

C. Each CCR facility permit shall contain, either expressly or by reference, all requirements of this Article that are applicable to the permitted CCR units and CCR-associated solid waste management activities at the facility. In satisfying this provision, the Director may incorporate the applicable requirements directly into terms and conditions in the permit or incorporate them by reference. If incorporated by reference, a specific citation to the applicable regulations or requirements shall be provided in the permit.

D. Protectiveness. Each CCR facility permit shall contain such terms and conditions as the Director determines are necessary to ensure there is no reasonable probability of adverse effects on safety, health or the environment from the solid waste management of CCR at the facility.

E. The owner or operator of a CCR surface impoundment shall install, maintain, and monitor instrumentation to evaluate the performance of the CCR surface impoundment. The Director shall require site-specific instrumentation that the Director deems necessary for monitoring the safety of the CCR surface impoundment when failure may endanger human life and property. Conditions that may require monitoring include land subsidence, earth fissures, embankment cracking, phreatic surface, seepage, and embankment movements.

F. The permit shall contain a safe storage level for each CCR surface impoundment.

G. A CCR facility permit is issued for a fixed term of ten years. The term of a permit shall not be extended by modification of the permit beyond the maximum duration specified in this subsection.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1012 Compliance Schedules

A. The Director may include compliance schedules in the CCR facility permit according to subsection (B) or (C), or both.

B. The owner or operator shall follow a timeline for future compliance, if established in the CCR facility permit, that provides for action from the owner or operator that is not required until after the date of permit issuance. The timeline shall establish dates for their achievement.

1. If the time necessary for completion of an interim requirement is more than one year and is not readily divisible into stages for completion, the permit shall contain interim dates for submission of reports on progress toward completion of the interim requirement and shall indicate a projected completion date.

2. Unless otherwise specified in the permit, within 30 days after the applicable date specified in a compliance schedule, the owner or operator shall submit to the Department a report documenting that the required action was taken within the time specified.

C. When an owner or operator that has applied for a CCR facility permit will not be in compliance with one or more applicable requirements in A.R.S. Title 49, Chapter 4, or this Article at the time of permit issuance, the Director may include in the CCR facility permit a schedule of compliance. The schedule of compliance shall include an enforceable sequence of actions leading to compliance. This schedule of compliance shall resemble and be at least as stringent as that contained in any judicial consent decree or administrative order to which the owner or operator is subject. Any such schedule of compliance shall be supplemental to, and shall not sanction noncompliance with, the applicable requirements in A.R.S. Title 49, Chapter 4 or this Article on which it is based.

1. Time for compliance. Any schedule of compliance established in a CCR facility permit under subsection (C) shall require compliance as soon as feasible.

2. Interim dates. If a permit establishes a schedule of compliance which exceeds one year from the date of permit issuance, the schedule shall set forth interim requirements and the dates for their achievement.

a. The time between interim dates shall not exceed one year.

b. The permit shall require posting on the facility's CCR website of reports of progress toward completion of the interim requirements and indicate a projected completion date. The time between progress reports shall not exceed six months.

3. Reporting. The permit shall require that, no later than 30 days following each interim milestone deadline and the final deadline of the schedule of compliance, the owner or operator shall submit a report to the Director documenting that the required action was taken within the time specified and shall post a notification on the facility's CCR website of its compliance or noncompliance with the interim or final requirement.

D. After reviewing the activity pursuant to any schedule established under this Section, the Director may modify the CCR facility permit, based on changed circumstances relating to the required action.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1013 CCR Facility Permit Issuance or Denial

A. The Director shall issue CCR facility permits after CCR program approval, based upon the information obtained by or made available to the Department, if the Director determines that the permit requires the owner or operator to comply with A.R.S. Title 49, Chapter 4, this Article and Article 17. The procedures in this Article related to permit applications are applicable before CCR program approval, except that the licensing time frames requirements of 18 A.A.C. 1 do not apply until CCR program approval.

B. The Director shall provide the owner or operator with written notification of the final decision to grant or deny the permit within the applicable licensing time frames requirements and include the following:

1. The owner or operator's right to appeal the final permit determination, including the number of days the owner or operator has to file an appeal and the name and telephone number of the Department contact person who can answer questions regarding the appeals process;

2. If the permit is denied, the reason for the denial with reference to the statute or rule on which the denial is based; and

The owner or operator's right to request an informal settlement conference under A.R.S. §§ 41-1092.03(A) and 41-1092.06.

C. The Director may deny a CCR facility permit if the Director determines upon completion of the application process that the owner or operator has:

1. Failed or refused to correct a deficiency in the CCR facility permit application;

2. Failed to demonstrate that the CCR units and their operation will comply with the requirements of A.R.S. Title 49, Chapter 4 and this Article. The Director shall base this determination on:

a. The information submitted in the CCR facility permit application,

b. Any information submitted to the Department following a public hearing, or

c. Any relevant information that is developed or acquired by the Department; or

3. Provided false or misleading information.

D. Upon denying a CCR facility permit, the Director shall issue an order directing the owner or operator to begin closure of all CCR units at the facility according to § 257.101.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1014 CCR Permit Transfer

A. The owner or operator of a CCR unit shall notify the Department 30 days prior to the planned transfer of any portion of ownership or operational control of a CCR unit or facility. If prior notice is impractical, the owner or operator shall notify the Department as soon as practical. The new owner and operator shall submit a permit modification request prior to the transfer of ownership or operational control or as soon as practicable thereafter.

B. The new owner or operator:

1. Shall include a written agreement between the previous and new owner or operator indicating a specific date for transfer of all permit responsibility, coverage, and liability;

2. Submit the applicable initial fee for a minor permit modification established in R18-13-1021;

3. Demonstrate technical capability necessary to fully carry out the terms of the permit and financial capability according to R18-13-1020; and

4. Submit a signed statement that it has reviewed the permit and agrees to the terms of the permit including any compliance schedules or new terms needed as a result of the transfer.

C. An owner or operator shall continue to comply with all permit conditions until the Director modifies/transfers the permit, regardless of whether ownership or operational control has already been transferred.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1015 CCR Permit Termination

The Director may, after notice and opportunity for a hearing, terminate a CCR facility permit for any of the following causes:

1. Significant noncompliance by the owner or operator with the permit;

2. Failure by the owner or operator in the permit application or during the permit issuance process to fully disclose all relevant facts;

Misrepresentation by the owner or operator of any relevant facts at any time;

4. A determination by the Director that the permit fails to ensure there is no reasonable probability of adverse effects to health or the environment and the permitted activity can only be regulated to acceptable levels by permit termination; and

5. The Director has determined that all permitted activities have ceased and the owner or operator has completed closure, the required post-closure care and any required corrective action.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1016 Permit Renewals

A. To renew a CCR facility permit, the owner or operator shall submit an application under R18-13-1010 at least 180 days before the expiration date of the effective permit.

B. If the owner or operator has submitted a timely and complete application for renewal under R18-13-1010, the terms and conditions of the existing CCR facility permit continue in force beyond the expiration date of the permit, but only until the effective date of the issuance or denial of a revised CCR facility permit.

C. The owner or operator shall renew the CCR facility permit as long as any CCR unit remains operational or is closing, in corrective action or post-closure care.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1017 Modification of a CCR Facility Permit

A. The Director may modify a CCR facility permit upon the request of the facility owner or operator or upon the Director's initiative.

1. The owner or operator may submit a request for CCR facility permit modification in writing on a form provided by the Department with the applicable fee established in R18-13-1021, explaining the facts and reasons justifying the request.

2. The Department may modify a permit, classify the modification, and collect the appropriate fee if:

a. There are alterations, additions, or changes in the operation or condition of the permitted facility which occurred after permit issuance and require permit conditions or terms that are different or absent from those in the existing permit;

b. The Director has received new information after the permit has been issued that:

i. Was not available to the Director at the time of permit issuance (other than revised regulations, guidance, or test methods) and would have justified the inclusion of different permit conditions at the time of issuance to ensure compliance with A.R.S. Title 49, Chapter 4 and this Article, or

ii. Otherwise shows that modification is necessary to ensure that there is no reasonable probability of adverse effects on safety, health or the environment.

c. There is a change in an underlying regulatory or statutory requirement

d. An error or omission is discovered that makes the permit inconsistent with regulatory or statutory requirements.

B. Upon receiving a request from an owner or operator, the Department shall determine whether the application is complete and whether the modification would be major, minor, or administrative.

C. The Department shall process modification requests following the applicable licensing time-frames.

D. A modified CCR facility permit supersedes the previous CCR facility permit upon the effective date of the modification, except as provided in R18-13-1011(F).

E. Major permit modifications. A major modification is one that substantially alters the CCR unit or its operation requiring a material change to a substantive term, provision, requirement, or a limiting parameter of a permit, or one that could substantially impact human health or the environment. The owner or operator shall not make any change that requires a major permit modification without approval from the Director. The list below contains examples of major modifications:

1. Add a new CCR unit including a new landfill unit, a lateral expansion, or a new surface impoundment unit not already authorized by a CCR facility permit, including replacing a CCR unit.

2. Increase the maximum permissible operating storage level of CCR and liquids at a CCR surface impoundment or raising the embankment.

3. Selection of a remedy under 40 CFR 257.97.

F. Minor permit modifications. A minor modification is a modification that makes a routine change to a substantive term, provision, requirement, or a limiting parameter of a permit. The Director shall follow procedures for a minor modification to a CCR facility permit for those nonmajor alterations, additions, or changes in the operation or condition of the permitted facility which occurred after permit issuance and which require permit conditions that are different or absent from those in the existing permit. The owner or operator shall not make any change that requires a minor permit modification without approval from the Director. Minor permit modifications include, but are not limited to, the following:

1. Incorporate a change to an Aquifer Water Quality Standard in 18 A.A.C. 9, or a Maximum Contaminant Level under 40 CFR §§ 141.62 and 141.66, which serves as the underlying basis for a permit condition;

2. Change a construction requirement, treatment method, or operational practice, if the alteration complies with the requirements of A.R.S. Title 49, Chapter 4 and this Article and provides equal or better performance;

3. Change to a groundwater sampling and analysis program including the following:

a. A change in the statistical method for evaluating groundwater monitoring data required by 40 CFR 257.93(f)(6);

b. A change to an alternative groundwater sampling and analysis frequency pursuant to 40 CFR 257.94(d) or 257.95(c);

c. Assessment of corrective measures pursuant to 40 CFR 257.96;

d. Changes to an approved groundwater monitoring system, including reducing the number of groundwater monitoring wells, or making changes in location, depth, or design of groundwater monitoring wells required by the permit.

4. Change an interim or final compliance date in a compliance schedule, if the Director determines just cause exists for changing the date;

5. Change the owner or operator's financial assurance mechanism or estimates under R18-13-1020;

6. Transfer a permit under R18-13-1014;

7. Replace monitoring equipment, including a well, if the replacement results in equal or greater monitoring effectiveness, but not including routine maintenance or replacement of well components and related equipment;

8. Breaching or removing a surface impoundment embankment. These activities shall be performed according to R18-13-1010.01(C) and (D).

9. Add interim measures to the corrective action program or make material changes to the corrective action requirements in the permit.

10. Change a permit condition that is based on a change in an underlying regulatory or statutory requirement, unless it requires substantial changes to the design, operation, or compliance strategies established in the permit and requires the application of significant technical judgment or discretion.

Increases to estimates of the maximum extent of operations or the maximum inventory of waste in the closure plan.

12. Completion of closure activities of a CCR unit.

13. Modify a CCR unit, including physical changes or changes in management practices which are not administrative modifications under subsection (G) or major modifications under subsection (E).

G. Administrative permit modifications. The Director shall follow procedures for an administrative modification to a CCR facility permit to:

1. Correct a typographical error;

2. Change nontechnical administrative information, excluding a permit transfer;

3. Correct minor technical errors, such as errors in calculation not impacting any design aspects, locational information, citation of laws and citations of construction specifications;

4. Increase the frequency, duration, or stringency of the requirements for inspections, maintenance activities, monitoring, reporting, recordkeeping, or web posting or to revise a laboratory method;

H. The Director may change the categorization of a CCR facility permit modification.

I. An owner or operator may request a permit modification based on actions from more than one category of permit modification. Where possible, the Director may combine several requested permit modifications into one modification from the highest category.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1018 Public Notice Requirements for Permit Actions

A. The Director shall provide notice as described after determining an application complete for the following permit actions. The notice shall contain information about the licensing timeframes for the permit action and describe how a person can inspect all permit application materials, either in person or online.

1. An initial or renewed CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice;

c. To the entities listed in A.R.S. § 49-111.

2. A major modification to a CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice;

c. To the entities listed in A.R.S. § 49-111.

3. A minor modification to a CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice.

B. The Director shall provide notice as described when proposing to issue or deny the items listed below. The notice shall describe how a person can inspect all permit application materials, either in person or online.

1. An initial or renewed CCR facility permit;

a. Once, in a daily or weekly newspaper of general circulation where the facility is located;

b. On the ADEQ website;

c. To anyone requesting such notice;

d. By requiring the owner or operator to place paper copies of a notice and supplemental information in a local library or community center.

2. A major modification to a CCR facility permit;

a. Once, in a daily or weekly newspaper of general circulation where the facility is located;

b. On the ADEQ website;

c. To anyone requesting such notice;

d. By requiring the owner or operator to place paper copies of a notice and supplemental information in a local library or community center.

C. The Director shall provide notice as described when issuing or denying the following:

1. An initial or renewed CCR facility permit;

a. To anyone who commented on the proposed initial or renewed CCR facility permit;

b. On the ADEQ website;

c. To anyone requesting such notice.

2. A major modification to a CCR facility permit;

a. To anyone who commented on the proposed major modification;

b. On the ADEQ website;

c. To anyone requesting such notice.

3. A minor modification to a CCR facility permit;

a. On the ADEQ website;

b. To anyone requesting such notice.

4. An administrative permit modification: To anyone requesting such notice.

D. The Director shall provide notice as described when terminating a CCR facility permit:

1. On the ADEQ website;

2. To anyone requesting such notice.

E. The notice for a permit action under subsection (B)(1) or (B)(2) shall:

1. Include a brief summary of the draft document,

2. Contain information about the licensing timeframes for the permit action and explain where further information on the permit action can be obtained,

3. Describe when and how comments may be made,

4. Provide at least 30 days for comments from publication of the notice, and

5. Explain how a public hearing may be requested.

F. After a notice is issued under subsection (B)(1) or (B)(2), the Department shall schedule a public hearing if requested and if the Director determines there is sufficient public interest. The Director shall provide notice of the hearing as provided in subsection (B)(1)(a) or (B)(2)(a) at least 30 days before the hearing. The Department may conduct a public hearing for a CCR facility permit or major modification virtually.

G. The Department shall respond to comments received on the proposed CCR facility permit or major modification when the final decision is made under subsection (C). The Department shall send a copy of the comment responses to all commenters and notify commenters of their potential rights under A.R.S § 41-1092.03(B). The Department shall send the comment responses to commenters and anyone requesting a copy and post the comment responses on the Department's website.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1019 Compliance; ADEQ Inspections; Violations and Enforcement

A. ADEQ Inspection and Entry. For purposes of ensuring compliance with the provisions of Title 49 and this Article, the owner or operator of a CCR facility, shall, upon request of any representative of ADEQ designated by the Director, furnish information pertaining to such CCR facility.

B. ADEQ Inspection and Entry for CCR units. The Director or a designated representative may enter at reasonable times upon private or public property and the owner or operator shall permit such entry, where a CCR surface impoundment is located, including a CCR surface impoundment under construction, reconstruction, repair, enlargement, alteration, breach, or removal, for any of the following purposes:

1. To enforce the conditions of approval of the construction drawings and specifications related to an application for construction, reconstruction, repair, enlargement, alteration, breach, or removal.

To inspect a CCR surface impoundment that is subject to this Article.

3. To investigate or assemble data to aid review and study of the design and construction of CCR surface impoundments, reservoirs, and appurtenances or make watershed investigations to facilitate decisions on public safety to fulfill the duties of this Article and A.R.S. Title 49, Chapter 4.

4. To ascertain compliance with this Article and A.R.S. Title 49, Chapter 4.

C. ADEQ Inspection and Entry for CCR surface impoundments. The Director or a designated representative may enter at reasonable times upon private or public property and the owner or operator shall permit such entry, where a CCR surface impoundment is located, including a CCR surface impoundment under construction, reconstruction, repair, enlargement, alteration, breach, or removal, for any of the following purposes:

1. To enter any establishment or other place maintained by such person where such CCR units are or have been operated;

2. To have access to, and to copy all records relating to CCR units;

3. To inspect any facilities, equipment (including monitoring and control equipment), practices, and operations, relating to CCR units;

4. To inspect, monitor, and obtain samples from such person of any CCR units and monitoring and control equipment; and

5. To record any inspection by use of written, electronic, magnetic and photographic media.

D. Upon receipt of a complaint that a CCR surface impoundment is endangering people or property:

1. The Director shall inspect the CCR surface impoundment unless there is substantial cause to believe the complaint is without merit.

2. The Director shall provide a written report of the inspection to the complainant and the CCR surface impoundment owner.

E. Penalties. A person who violates any CCR facility permit, provision of this Article, or order issued pursuant to a CCR facility permit is subject to civil and/or criminal penalties pursuant to A.R.S. §§ 49-783 and 791, as amended. Nothing in this Article shall be construed to limit the Director's or Attorney General's enforcement powers authorized by law including but not limited to the seeking or recovery of any civil or criminal penalties.

F. A certification statement may be required on written submittals to ADEQ in response to Compliance Orders or in response to information requested pursuant to subsection (B) of this Section. In addition, ADEQ may request in writing that a certification statement appear in any written submittal to ADEQ. The certification statement shall be signed by a person authorized to act on behalf of the company or empowered to make decisions on behalf of the company on the matter contained in the document.

G. The Director shall conduct a CCR surface impoundment safety inspection annually or more frequently for each high hazard potential CCR surface impoundment, triennially for each significant hazard potential CCR surface impoundment, and once every five years for each low hazard potential CCR surface impoundment.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1020 Financial Assurance Requirements

A. The owner or operator of a CCR unit shall submit both of the following for each CCR unit within 180 days of CCR program approval:

The latest demonstration of financial responsibility made for the CCR facility under 18 A.A.C. 9, Article 2.

2. If not already submitted with a permit application before CCR program approval, the following third-party cost estimates that are representative of regional fair market costs for each CCR unit at the facility within 180 days after CCR program approval:

a. The estimate for the Cost of Facility Closure that meets the requirements in 40 CFR §§ 257.102 and 257.103, consistent with the closure plans submitted thereunder;

b. The estimate for the Cost to Ensure Proper Post-Closure Care according to 40 CFR § 257.104, consistent with the post-closure plan submitted thereunder;

c. The estimate for the Cost to Perform Corrective Action as a result of any known releases from the facility as provided under 40 CFR §§ 257.97 and 257.98 and any compliance schedules in the facility permit.

B. A CCR facility that submits a demonstration under subsection (A)(1) shall update that demonstration to comply with subsection (A)(2) before a CCR facility permit is issued. The owner or operator shall demonstrate financial assurance for the total amounts in subsection (A)(2) using one or more mechanisms in Article 17 of this Chapter.

C. The cost estimates shall be dated and updated every 3 years and as necessary whenever closure plans or post-closure plans are amended pursuant to §§ 257.102(b)(3) or 257.104(d)(3), or corrective action costs are changed under § 257.98.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1021 Fees

A. After CCR program approval, the Department shall send an invoice to each CCR facility and the owner or operator of a CCR facility shall pay to ADEQ an annual registration fee as shown in Table 2. The invoice shall have a due date of the first of a month that is at least 30 days after CCR program approval and the fee shall be due on that date and annually thereafter on the first of that month.

Table 2. Facility Annual Registration Fees

| CCR Unit | Annual Fee | | --- | --- | | CCR Surface Impoundment | $17,450 each | | Approved CCR Multi-unit | $21,860 | | CCR Landfill | $13,150 each | | Closed CCR Unit subject to post-closure | $10,200 each |

B. When submitting an application for any of the license types in Table 3 below, an owner or operator shall remit to ADEQ an initial application fee as shown in the Table.

Table 3. CCR Facility Permitting Fees

| License Type | Initial Fee | Maximum Fee | | --- | --- | --- | | CCR Facility Permit (new or renewal) | $20,000 | $200,000 | | Major Modification | $10,000 | $100,000 | | Minor Modification | $5,000 | $50,000 | | Administrative Modification | $1,500 flat fee | NA |

C. If the total cost of processing the application identified in the Table 3 is less than the initial fee listed in the Table, the Department shall refund the difference between the total cost and the amount listed in the Table to the owner or operator.

1. Permits and permit modifications. If the total cost of processing the application is greater than the initial fee received plus other amounts paid, the Department shall bill the owner or operator for the difference upon permit approval. The owner or operator shall pay the difference in full before ADEQ issues the permit or modification.

2. Withdrawals. In the event of a withdrawal of the permit application by the owner or operator, if the total costs of processing the application are less than the amount paid, the Department shall refund the difference. If the total costs are greater than the amount paid, the Department shall bill the owner or operator for the difference, and the owner or operator shall pay the difference within 45 days of the date of the bill.

D. For the permitting actions in Table 3, the Department shall provide the owner or operator itemized bills at least quarterly for the expenses associated with evaluating the application and approving or denying the permit or permit modification. The invoice shall be paid within 30 days of receipt. The following information shall be included in each bill:

1. The dates of the billing period;

2. The date and number of review hours itemized by employee name, position type and specifically describing:

a. Each review task performed,

b. Each CCR unit involved, and

c. The hourly rate;

3. A description and amount of review-related costs as described in subsection (E)(2); and

4. 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.

E. For the permitting actions in Table 3, fees shall consist of processing charges and review-related costs as follows:

1. Processing charges. The Department shall calculate the processing charges using a rate of $244 per hour, multiplied by the number of review hours, including pre-application meetings with the Department, used to evaluate and approve or deny the permit or permit modification.

2. Review-related costs means any of the following costs applicable to a specific application:

a. Per diem expenses,

b. Transportation costs,

c. Reproduction costs,

d. Laboratory analysis charges performed during the review of the permit or permit modification,

e. Public notice advertising and mailing costs,

f. Presiding officer expenses for public hearings on a permitting decision,

g. Court reporter expenses for public hearings on a permitting decision,

h. Facility rentals for public hearings on a permitting decision

i. Costs related to the public notice required by R18-13-1018.

j. Other reasonable and necessary review-related expenses documented in writing by the Department.

3. Total itemized billings for an application shall not exceed the maximum amounts listed in Table 3 in this Section.

4. Beginning January 1, 2026, the Director shall adjust the amounts in Table 2, Table 3, and subsection (E)(1) above annually by the following method:

a. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

b. Round the result from subsection (E)(4)(a) of this Section to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Article 11 COLLECTION, TRANSPORTATION, AND DISPOSAL OF HUMAN EXCRETA

Ariz. Admin. Code § R18-13-1101 Reserved

Ariz. Admin. Code § R18-13-1102 Definitions

A. "Chemical toilet" means a toilet with a watertight, impervious pail or tank that contains a chemical solution placed directly under the seat and a pipe or conduit that connects the riser to the tank.

B. "Department" means the Department of Environmental Quality or a local health department designated by the Department.

C. "Earth-pit privy" means a device for disposal of human excreta in a pit in the earth.

D. "Human excreta" means human fecal and urinary discharges and includes any waste that contains this material.

E. "License" means a stamp, seal, or numbered certificate issued by the Department.

F. "Pail or can type privy" means a privy equipped with a watertight container, located directly under the seat for receiving deposits of human excreta, that provides for removal of a waste receptacle that can be emptied and cleaned.

G. "Person" means the state, a municipality, district or other political subdivision, a cooperative, institution, corporation, company, firm, partnership, or individual.

H. "Sewage" means the waste from toilets, baths, sinks, lavatories, laundries, and other plumbing fixtures in residences, institutions, public and business buildings, mobile homes, and other places of human habitation, employment, or recreation.

History

• Recodified from R18-8-602 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1103 [Effective until 12/3/2025] General Requirements; License Fees

A. Any person owning or operating a vehicle or appurtenant equipment used to store, collect, transport, or dispose of sewage or human excreta that is removed from a septic tank or other onsite wastewater treatment facility; earth pit privy, pail or can type privy, or other type of privy; sewage vault; or fixed or transportable chemical toilet shall obtain a license for each vehicle from the Department. The person shall apply on a form approved by the Department and shall demonstrate that each vehicle is designed and constructed to meet the requirements of this Article.

B. A person shall operate and maintain the vehicle and equipment so that a health hazard, environmental nuisance, or violation of a water quality standard established under 18 A.A.C. 11 is not created.

C. License terms.

1. For each newly licensed vehicle:

a. Subject to inspection conducted by the Department pursuant to this Article, the initial license fee shall be $371, to be submitted with the license application, and the annual license fee shall be $111; or

b. Subject to inspection conducted by a county pursuant to a delegation agreement with the Department, the initial license fee shall be $270, to be submitted with the license application, and the annual license fee shall be $111.

2. After initial licensure of a vehicle, the Department will renew the license annually after payment of the annual fee according to subsection (C)(3). The licensee shall renew by completing a renewal form approved by the Department and submitting the annual license fee to the Department no later than 30 days before expiration.

2. For those vehicles licensed before July 1, 2012, the initial license fee shall be $75 and shall be paid within 30 days of receipt of an invoice from the Department. The license shall be valid for one year. The licensee shall submit the Department approved renewal form and the annual license fee of $75 to the Department no later than 30 days before expiration.

3. Each vehicle license may be renewed if:

a. The annual license fee is paid,

b. The owner or operator is in compliance with subsection (D) of this Section,

c. The vehicle is operated by the same person for the same purpose,

d. The vehicle has been inspected within the last 12 months pursuant to any inspection required under this Article and found in compliance with this Article, and

d.e. The vehicle is maintained according to this Article.

D. Any person owning or operating a vehicle or appurtenant equipment used to collect, store, transport, or dispose of sewage or human excreta shall obtain any required permit from the local county authority in each county in which the person proposes to operate.

E. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (C) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (E)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• Recodified from R18-8-603 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed; new Section made by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1104 [REPEALED]

History

• Recodified from R18-8-604 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1105 Reserved

Ariz. Admin. Code § R18-13-1106 Inspection

The Department may inspect vehicles and appurtenant equipment used to collect, store, transport, or dispose sewage or human excreta as necessary to assure compliance with this Article.

History

• Recodified from R18-8-606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1107 Reserved

Ariz. Admin. Code § R18-13-1108 [REPEALED]

History

• Recodified from R18-8-608 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1109 Reserved

Ariz. Admin. Code § R18-13-1110 Reserved

Ariz. Admin. Code § R18-13-1111 Reserved

Ariz. Admin. Code § R18-13-1112 Sanitary Requirements

A. A person owning or operating a vehicle or appurtenant equipment to collect, store, transport, or dispose of sewage or human excreta shall ensure that:

1. Sewage and human excreta is collected, stored, transported, and disposed of in a sanitary manner and does not endanger the public health or create an environmental nuisance;

2. The vehicle is equipped with a leak-proof and fly-tight container that has a capacity of at least 750 gallons and all portable containers, pumps, hoses, tools, and other implements are stored within a covered and fly-tight enclosure when not in use;

3. Contents intended for removal are transferred as quickly as possible by means of a portable fly-tight container or suction pump and hose to the transportation container.

4. The transportation container is tightly closed and made fly-tight immediately after the contents have been transferred,

5. Portable containers are kept fly-tight while being transported to and from the vehicle,

6. Any waste dropped or spilled in the process of collection is cleaned up immediately and the area disinfected;

7. The vehicle, tools, and equipment are maintained in good repair at all times and, at the end of each day's work, all portable containers, transportation containers, suction pumps, hose, and other tools are cleaned and disinfected; and

8. All wastes collected are disposed of according to the recommendations of the local county health department and that no change in the recommended method of disposal is made without its prior approval. The local county health department shall recommend disposal by one of the following methods:

a. At a designated point into a sewage treatment facility or sewage collection system with the approval of the owner or operator of the facility or system,

b. By burying all wastes from chemical toilets in an area approved by the local county health department, or

c. Into a sanitary landfill with approval of the owner or operator of the landfill and following any precautions designated by the owner and operator to protect the health of the workers and the public.

B. Open dumping is prohibited except in designated areas approved by the local county health department.

History

• Recodified from R18-8-612 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1113 [REPEALED]

History

• Recodified from R18-8-613 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1114 [REPEALED]

History

• Recodified from R18-8-614 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1115 [REPEALED]

History

• Recodified from R18-8-615 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1116 Suspension and Revocation

A. If a Department inspection indicates that a licensed vehicle is not maintained and operated or work cannot be performed according to this Article, the Department shall notify the owner in writing of all violations noted.

B. The Department shall give the owner a reasonable period of time to correct the violations and comply with the provisions of this Article. If the owner fails to comply within the time limit specified, the Department may suspend or revoke the vehicle license based on the number and severity of violations. The Department shall follow the provisions of A.R.S. Title 41, Chapter, Article 10 in any suspension or revocation proceeding.

C. The Department shall consider the revocation or suspension of a permit by a local health department for violation of this Article as grounds for revocation of the vehicle license. The local health department shall immediately suspend both the vehicle license and the permit issued by the local health department for gross violation of this Article if in the opinion of the local health department a serious health hazard or environmental nuisance exists.

D. The owner of the vehicle whose license is suspended or revoked may appeal the final administrative decision as permitted under A.R.S. § 41-1092.08.

History

• Recodified from R18-8-616 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1117 Reinstatement

A. Upon request of the vehicle owner, the Department may reinstate a suspended or revoked vehicle license following a Department reinspection and based on an evaluation of compliance with the requirements of this Article.

B. Upon request of a vehicle owner that fails to complete a renewal form approved by the Department and submit the annual license fee to the Department no later than 30 days before expiration, the Department may reinstate an expired vehicle license after completion of a renewal form, submitting the appropriate annual license fee, and following a Department determination of compliance with the requirements of this Article.

History

• Recodified from R18-8-617 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-1118 [REPEALED]

History

• Recodified from R18-8-618 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1119 [REPEALED]

History

• Recodified from R18-8-619 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Ariz. Admin. Code § R18-13-1120 [REPEALED]

History

• Recodified from R18-8-620 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Section repealed by final rulemaking at 9 A.A.R. 1356, effective June 7, 2003 (Supp. 03-2).

Article 12 WASTE TIRES; USED TIRES

Ariz. Admin. Code § R18-13-1201 Definitions

In addition to the definitions provided in A.R.S. § 44-1301, the following definitions apply in this Article:

1. "Aquifer protection permit" means an authorization issued by the Department under A.R.S. § 49-241 et seq.

2. "Burial cell" means an area where mining waste tires are placed in or on the land for burial.

3. "Mining" means activities dedicated to the exploration, extraction, beneficiation, and processing, including smelting and refining, of metallic ores.

"Mining facility" means any land, building, installation, structure, equipment, device, conveyance, or area dedicated to mining.

5. "Mining waste tire" means an off-road tire that is greater than three feet in outside diameter that was used in mining.

6. "Operator" means an owner, part owner, management agency, or lessee of a mining facility, a person responsible for the overall operation or control of a mining facility, or an authorized representative of the operator.

7. "Person" is defined in A.R.S. § 49-201.

8. "Waste tire collection site" is defined in A.R.S. § 44-1301.

9. "Waste tire cover" means waste tires that are chopped or shredded into pieces that do not exceed four inches in diameter used for cover at a solid waste landfill.

History

• Section recodified from A.A.C. R18-8-701, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-1202 Burial of Mining Waste Tires

A. The operator shall file with the Director a one-time notice within 24 hours after commencement of burial of mining waste tires consisting of a map of the mining facility that clearly identifies the locations and dimensions of each burial cell and the estimated number of mining waste tires that will be buried in each cell. The operator shall identify each burial cell using an alphabetical or numeric identifier. If a mining facility uses a new burial cell not included in the commencement of burial notice, the operator shall notify the Department within 24 hours after commencement of burial in that cell.

B. An operator shall only permit burial of mining waste tires in areas that are, or will be, included in an aquifer protection permit issued for the mining facility. An operator shall not permit burial of mining waste tires in leach areas unless prior to burial the Department issues an aquifer protection permit covering the leach area.

C. An operator shall not permit a burial cell to be located within 10 feet of another burial cell.

D. An operator shall not permit the burial of mining waste tires unless the tires are waste generated at the mining facility or another mining facility of the same owner.

History

• Section recodified from A.A.C. R18-8-702, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1203 Cover Requirements

A. The operator shall cover all mining industry off-road motor vehicle waste tires buried pursuant to this Article with a minimum of 6 inches of earthen material within 50 days of placement, or sooner if necessary, to prevent vector breeding or fire.

B. The operator shall place final cover over the off-road motor vehicle waste tires within 180 days after placement of the last tire which will be buried in a cell. The final cover shall consist of earthen material which is at least 3 feet deep or which complies with the requirements of the aquifer protection permit for the area where the burial cell is located.

C. The operator shall maintain final cover in compliance with this Section for as long as the mining industry off-road motor vehicle waste tires remain in the burial cell.

History

• Section recodified from A.A.C. R18-8-703, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-1204 Annual Report

By March 30 of each year, until a burial cell closure certification is filed with the Department, the operator of the mining facility shall file an annual report with the Director which documents the location of each burial cell established during the preceding calendar year, the alphabetical or numerical identifier of each burial cell, and the number of off-road motor vehicle waste tires which were placed in each burial cell for burial during the preceding calendar year. If no tires were placed in the burial cell for burial during the preceding year, the annual report shall so indicate.

History

• Section recodified from A.A.C. R18-8-704, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-1205 Burial Cell Closure Certification

An operator shall file with the Director a burial cell closure certification within 30 days after placing final cover over the mining waste tires under R18-13-1203(B) . The certificate shall contain a statement by the operator that no additional tires will be buried in the burial cell and a statement by an Arizona registered engineer certifying that the cover requirements of R18-13-1203 have been met.

History

• Section recodified from A.A.C. R18-8-705, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1206 Storage

At no time shall more than 500 mining industry off-road motor vehicle waste tires be stored at the mining facility outside of a burial cell unless the mining facility has Department approval to operate a waste tire collection facility, pursuant to A.R.S. §§ 44-1304 and 49-762.

History

• Section recodified from A.A.C. R18-8-706, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-1207 Maintenance of Records

For at least three years after the burial cell closure certification is filed with the Department, the mining facility operator shall maintain, at the mining facility, records which document the number of tires buried in each cell.

History

• Section recodified from A.A.C. R18-8-707, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-1208 Inspections

The Department may inspect a mining facility, during regular operating hours, to determine whether mining industry off-road motor vehicle waste tire burial is in compliance with this Article.

History

• Section recodified from A.A.C. R18-8-708, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-1209 [REPEALED]

History

• Section recodified from A.A.C. R18-8-709, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Section repealed by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1210 Waste Tire Cover

Waste tires used as cover at a solid waste landfill shall be used according to the solid waste facility plan required by A.R.S. § 49-762. An operator shall not permit mining waste tires to be used as cover at a solid waste landfill for more than two consecutive days at a time.

History

• Section recodified from A.A.C. R18-8-710, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 7 A.A.R. 5695, effective November 27, 2001 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1211 [Effective until 12/3/2025] Registration of New Waste Tire Collection Sites; Fee

A. A new waste tire collection site shall not begin operation until the owner or operator registers with the Department. The owner or operator shall register on a form approved by the Department that includes a statement that the site is in compliance with A.R.S. § 49-762.07(F) and A.R.S. Title 44, Chapter 9, Article 8, as applicable. The owner or operator of a new waste tire collection site shall pay an initial registration fee of $742 within 30 days of invoice receipt.

B. The owner or operator shall pay a $111 registration fee annually thereafter within 30 days of invoice receipt.

C. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsections (A) and (B) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (C)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1212 [Effective until 12/3/2025] Registration of Outdoor Used Tire Sites; Fee

A. A person shall not store 100 or more used tires outdoors until the person registers with the Department. A person that stores 100 or more used tires outdoors shall pay an initial registration fee of $742 within 30 days of invoice receipt. The person shall register on a form approved by the Department that includes a statement that the site is in compliance with A.R.S. § 49-762.07(F) and A.R.S. Title 44, Chapter 9, Article 8, as applicable.

B. A $111 registration fee shall be paid annually thereafter within 30 days of invoice receipt.

C. For the purposes of this Section:

1. "Used tire" means any tire which has been used for more than one day on a motor vehicle.

2. "Outdoors" means other than inside a building with a weatherproof roof.

D. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsections (A) and (B) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (D)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1212.01 [Effective until 12/3/2025] Waste Tire Collection Site Subject to Plan Approval

A. Initial registration. A waste tire collection site that is required to obtain plan approval under A.R.S. § 49-762(A)(7) shall not begin operation until the owner or operator registers with the Department on a form approved by the Department.

B. Annual registration fee. The Department shall bill an annual registration fee of $5,000 to a registered waste tire collection site that is required to obtain plan approval under A.R.S. § 49- 762(A)(7) that has not filed a notice of termination of registration with the Department. The owner or operator of the waste tire collection site that is required to obtain plan approval under A.R.S. § 49-762(A)(7) shall pay the annual registration fee within 30 days of invoice receipt.

C. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (B) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regionalresources.htm, for October of that year.

2. Round the result from subsection (C)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1213 [Effective until 12/3/2025] Facilities Subject to More Than One Tire Site Registration; Single Fee

A person who is required to register a tire facility under more than one of the Sections listed in subsections (1) through (3) shall register and follow procedures under each Section, but is only required to pay the registration fees under the Section with the highest fees.

R18-13-1211.

2. R18-13-1212.

3. R18-13-1212.01.

4.3. R18-13-501.

History

• New Section made by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Article 13 SPECIAL WASTE AND BEST MANAGEMENT PRACTICES FOR SHREDDER RESIDUE

Ariz. Admin. Code § R18-13-1301 Definitions

In addition to the terms prescribed in A.R.S. § 49-851, the terms in this Article shall have the following meanings:

"Disposal" means discharging, depositing, injecting, dumping, spilling, leaking, or placing special waste into or on land or water so that the special waste or any constituent of the special waste may enter the environment, be emitted into the air, or discharged into any waters, including groundwater.

2. "Exception report" means a report that a generator shall submit to the Director which notifies the Director that the generator has not received a copy of the special waste manifest from the primary or alternate special waste receiving facility to which the special waste was sent pursuant to the generator's instructions on the special waste manifest, or from any special waste receiving facility to which special waste was sent.

"Generator" means a person whose act or process onsite produces a special waste listed in, or designated pursuant to, A.R.S. §§ 49-852, 49-854, and 49-855, or whose act or process first causes such special waste to be subject to regulation.

4. "Identification number" means an alphanumeric identifier issued by the Department to each generator, special shipper, and special waste receiving facility to be used on documents, as required pursuant to this Article, in conjunction with shipment of special waste.

5. "Off-site consignment" means a generator's delivery of materials or wastes for transport off-site to a special waste receiving facility within Arizona for treatment, storage, recycling, or disposal.

"Off-site" means any property located within Arizona that is not onsite as defined in A.R.S. § 49-851(3).

7. "Operator" means a person who owns and controls all or part of a special waste receiving facility, or who leases, operates, or controls such facility, a person responsible for the overall operation of such a facility, a management agency, or an authorized representative.

8. "Recycling" means recycling as defined in A.R.S. § 49- 831(21).

9. "Shredder residue" means waste from the shredding of motor vehicles.

"Significant manifest discrepancy" means a difference of more than 10% by weight for bulk shipments, any variation in a piece count for a batch delivery, or any difference in the type of special waste received as compared to the type of special waste listed on the manifest.

11. "Special waste receiving facility" means an off-site location to which special waste is sent to be treated, recycled, stored, or disposed.

12. "Special waste manifest" means a form provided by the Department, shown as Appendix B to this Article, and used to identify the origin, quantity, composition, routing, and destination of special waste during its transportation from a generator's facility to a special waste receiving facility.

13. "Special waste shipper" means a person who transports special waste for off-site treatment, recycling, storage, or disposal.

14. "Treatment" means any method, technique, or process designed to change the physical, chemical, or biological character or composition of special waste.

History

• Section recodified from A.A.C. R18-8-301, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1302 Special Waste Generator Manifesting Requirements

A. A generator shall request a generator identification number on a form provided by the Director, and shown as Appendix A to this Article, prior to shipping special waste. Within 30 days of receiving the completed form, the Director shall issue the identification number to the generator.

B. Prior to off-site consignment of special waste, the generator shall do all of the following:

1. Complete and sign the "Generator" section of a special waste manifest.

Obtain the handwritten signature of the special waste shipper on the special waste manifest.

3. Retain the generator's copy of the special waste manifest.

4. Give the special waste manifest and the remaining attached copies to the special waste shipper or forward it to the receiving facility.

C. Within 14 days after shipment was accepted by a special waste shipper for off-site consignment, the generator shall submit to the Director one legible copy of each special waste manifest with the generator's section completed and containing signatures of the generator and special waste shipper.

D. If, within 35 days after the date the waste was accepted by the initial special waste shipper, the generator does not receive a completed copy of this special waste manifest with the handwritten signature of the special waste receiving facility operator, the generator shall contact the special waste shipper and the special waste receiving facility operator to determine the status of the special waste.

E. The generator shall submit an exception report to the Director if the generator does not receive a completed, signed, legible copy of the special waste manifest within 45 days of the date the waste was accepted by the initial special waste shipper for off-site consignment. The exception report shall contain both of the following:

1. A cover letter, signed by the generator, which explains the efforts made to locate the special waste and the results of those efforts.

2. A legible copy of the special waste manifest which was signed by the generator and the special waste shipper and retained by the generator.

F. The generator shall retain a legible copy of each signed special waste manifest for at least three years from the date of acceptance of a shipment of special waste for off-site consignment.

G. If a person is required to have a manifest, shipping paper or shipping record under federal law for the special waste, the federal manifest, shipping paper, or shipping record may be used in lieu of the Arizona special waste manifest form so long as the federal manifest, shipping paper, or shipping record includes all the information required on the Arizona special waste manifest form.

History

• Section recodified from A.A.C. R18-8-302, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1303 Special Waste Shipper Manifesting Requirements

A. A special waste shipper who receives special waste in Arizona for transport to a special waste receiving facility in Arizona shall request a special waste shipper identification number on a form provided by the Director and shown as Appendix A to this Article. The Director shall issue an identification number within 30 days of receipt of the completed form.

B. A special waste shipper shall:

1. Accept special waste for intrastate shipment to a special waste receiving facility only if the waste is accompanied by a special waste manifest which is completed and signed in accordance with the provisions of R18-13-1302.

2. Deliver the entire shipment of special waste to a special waste receiving facility as designated on the special waste manifest. If unable to deliver the special waste to the primary or alternate special waste receiving facility designated on the special waste manifest:

a. Return the special waste to the generator, or

b. Contact the generator and obtain instructions for an alternate special waste receiving facility and deliver the waste accordingly.

C. Shipments of special waste between facilities owned by the same generator shall be exempt from the requirements of rules adopted pursuant to A.R.S. § 49-856.

History

• Section recodified from A.A.C. R18-8-303, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1304 Special Waste Receiving Facility Manifesting Requirements

A. A special waste receiving facility shall request an identification number on a form provided by the Director, and shown as Appendix A to this Article, and obtain the number prior to receiving special waste. The Department shall issue the identification number within 30 days of receipt of the completed form.

B. A special waste receiving facility shall receive only special waste for which it has a special waste manifest signed and dated by the generator and special waste shipper. In the "Facility" section of the special waste manifest, the operator of the special waste receiving facility shall do all of the following:

Enter the identification number.

Sign and date each copy of a special waste manifest to certify that the type and amount of special waste, as stated on the special waste manifest, was received.

3. Indicate on the special waste manifest any significant discrepancies between the description, volume, or weight of the special waste as stated on the special waste manifest and the special waste received.

C. After completing the "Facility" portion of the special waste manifest, the operator of the special waste receiving facility shall send one legible copy each of the signed special waste manifest to the Director and the generator within 30 days of the delivery of the special waste.

D. Upon discovery of a significant manifest discrepancy in the special waste manifest and the special waste received, the operator of the special waste receiving facility shall:

1. Contact the generator and special waste shipper to attempt to reconcile the discrepancy.

2. If the discrepancy cannot be resolved within 15 days after receiving the waste, submit a letter to the Director, along with the special waste manifest within five days. The letter shall describe the significant manifest discrepancy and all attempts to reconcile it.

History

• Section recodified from A.A.C. R18-8-304, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1305 Records

All records required by this Article shall be retained for at least three years. If notification of an enforcement action by the Department has been received, the records shall be retained until a final determination has been made in the matter or in accordance with the final determination.

History

• Section recodified from A.A.C. R18-8-305, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3).

Ariz. Admin. Code § R18-13-1306 [Effective until 12/3/2025] [Repealed]

A. Initial registration fee. Upon making a request for a special waste identification number on a form as provided by the Director, and shown as Appendix A to this Article, an applicant shall submit to the Department an initial registration fee for each operation as follows:

1. For a generator of shredder residue, $3,600; and

2. For a special waste shipper, $1,800.

B. Annual registration fee. The Department shall bill an annual registration to a generator of shredder residue, a special waste receiving facility, and a special waste shipper that has a special waste identification number that has not filed a notice of termination of registration with the Department for each operation as follows:

1. For a generator of shredder residue, $3,000;

2. For a special waste receiving facility, $5,000; and

3. For a special waste shipper, $1,500.

C. A generator of shredder residue, special waste receiving facility, or special waste shipper shall pay the annual registration fee within 30 days of invoice receipt.

D. In accordance with A.R.S. § 49-855(G), a solid waste landfill that pays registration fees under A.R.S. § 49-747 is exempt from the fees under subsections (A) and (B) of this Section.

E. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsections (A) and (B) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (E)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Repealed by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1307 Best Management Practices for Waste from Shredding Motor Vehicles; Fees

A. A generator of shredder residue shall follow sampling protocol as follows or submit to the Department for review and approval, at least two weeks prior to the sampling event, an alternative written sampling plan which is consistent with requirements set forth in "Test Methods for Evaluating Solid Waste," EPA SW-846, 3rd Edition, Volume II, Chapter Nine, Sampling Plan, Physical/Chemical Method, EPA, Office of Solid Waste and Emergency Response, Washington, D.C., September 1986, and updated November 1990, and no future editions or amendments, ("EPA Sampling Plan"), herein incorporated by reference and on file with the Department and the Office of the Secretary of State:

1. Sample collection shall be done in accordance with one of the following:

a. Sampling procedure 1, consisting of both of the following steps:

i. The generator shall collect samples from a shredder residue sampling pile which shall consist of the average amount of shredder residue from eight hours of operation of the shredder. The shredder residue sampling pile shall be formed into a square shape for sampling purposes. Refer to Exhibit 1.

ii. One 2,000-gram sample shall be collected from each sample point as indicated in Exhibit 1. Samples from sample points A-1, B-1, and C-1 shall be collected from the top of the pile. Samples from sample points A-2, B-2, and C-2 shall be collected from the base of the pile. A sample from sample point C-3 shall be collected at the vertical midpoint at the center of the pile. The seven 2,000-gram samples shall be numbered consecutively. Three of the seven 2,000-gram samples shall then be chosen at random by selecting numbers from a calculator programmed to generate random numbers. The samples shall be analyzed for the constituents and at the frequencies listed in Table A of this Section.

b. Sampling procedure 2, consisting of both of the following steps:

i. The generator shall collect seven 2,000-gram samples during or immediately following the normal generation of shredder residue. For each sample, shredder residue shall be collected for 8 to 12 minutes, during which a minimum of 500 pounds shall be generated. This process shall be performed seven times to create seven 500-pound amounts. Each 500-pound amount shall be formed into a square shape for sampling purposes. Refer to Exhibit 1.

ii. Twenty 100-gram samples shall be collected from throughout each of the seven 500-pound piles generated. Upon completion of collection, all 20 samples from each of the seven 500-pound piles shall be combined together into seven separate 2,000-gram samples and numbered consecutively. Three of the seven 2,000-gram samples shall then be chosen at random by selecting numbers from a calculator programmed to generate random numbers. The samples shall be analyzed for the constituents and at the frequencies listed in Table A of this Section.

Each 2,000 grams of shredder residue collected shall include both large and small particles, in proportion to shredder residue generated. The generator shall use a container which is large enough to hold the entire amount of shredder residue collected from each sample point.

3. The generator shall comply with requirements for sample preservation, temperature, and holding times, as set forth in the EPA Sampling Plan.

Each one of the three 2,000-gram samples selected at random shall be divided into four equal 500-gram portions and a 200-gram subsample shall be taken from each of the four equal 500-gram portions. Each subsample shall then be passed through a 9.5mm screen. All particles which do not pass through the 9.5mm screen shall be hand cut until small enough to pass through the screen. All four 200-gram subsamples shall then be remixed together and redivided into four equal 200-gram portions. The following amounts shall be taken for constituent sampling:

a. 10-15 grams per 200-gram subsample for a total of 40-60 grams per 2,000-gram sample for Polychlorinated Biphenyls (PCB) analysis as set forth in subsection (A)(10).

b. 25 grams per 200-gram subsample for a total of 100 grams per sample for toxicity characteristic leaching procedure extractions for contaminants as set forth in 40 CFR 261.24, Table 1 (incorporated by reference in R18-8-261(A)), as set forth in subsection (A)(7).

c. 1.25 grams per 200-gram subsample for a total of 5 grams per 2,000-gram sample for extraction fluid determination.

5. Each constituent sample shall be put into a container. Container labeling and chain-of-custody documentation shall be consistent with the requirements in the EPA Sampling Plan.

6. The constituent samples shall be analyzed by a laboratory licensed by the Arizona Department of Health Services in accordance with A.R.S. § 36-495.

7. Of the three samples selected at random, one sample amount required by subsection (A)(4)(b) shall be analyzed for the extractable heavy metals arsenic, barium, cadmium, chromium, lead, mercury, selenium, and silver, as set forth in 40 CFR 261.24, Table 1. The remaining two samples shall each be analyzed for extractable cadmium and lead.

8. If the results of all three of the analyses for any extractable heavy metal in subsection (A)(7) above are below the Regulatory Level of the Maximum Concentration of Contaminants for the Toxicity Characteristic as set forth in 40 CFR 261.24, Table 1, the simple arithmetic mean of the extractable cadmium and lead and the single analysis for the remaining six extractable heavy metals shall be used to determine if the sampled shredder residue will be classified as hazardous waste.

9. If the analyses of any one of three selected samples exceeds the regulatory level as set forth in 40 CFR 261.24, Table 1, an additional subsample from the sample in question shall be subjected to confirmation analysis. If the confirmation sample analysis totals are in excess of the regulatory level as set forth in 40 CFR 261.24, Table 1, the remaining four of the original seven samples shall be analyzed for those extractable heavy metals which exceed the regulatory level as set forth in 40 CFR 261.24, Table 1. The simple arithmetic mean of the results of all seven samples shall be used to determine if the sampled shredder residue will be classified as hazardous waste.

10. The three samples selected at random shall be analyzed for PCB concentration in the amounts required by subsection (A)(4)(a). If the samples contain concentrations of PCB less than 50 mg/kg, the simple arithmetic mean of the three samples shall be used for reporting to the Director. If any one of the three samples contains concentrations of PCB greater than 50 mg/kg, an additional subsample from the sample in question shall be subjected to confirmation analysis. If the PCB concentration for that sample exceeds 50 mg/kg, the remaining four of the original seven samples shall be analyzed for PCB, in amounts required by subsection (A)(4)(a), and the simple arithmetic mean of all the samples shall be used to determine if the sampled shredder residue will be classified as hazardous waste.

B. Shredder residue determined to be hazardous waste shall be managed in accordance with A.R.S. § 49-921 et seq. and R18-8-260 et seq.

C. The generator shall do all of the following:

1. Secure the facility to prevent unauthorized entry;

2. Cover or otherwise manage the shredder residue pile to prevent wind dispersal;

3. Place the shredder residue pile on a surface with a permeability coefficient equal to or less than 1 x 10^-7 cm/s;

4. Design, construct, operate, and maintain a run-on control system capable of preventing flow onto the waste pile during peak discharge from, at a minimum, a 25-year storm;

5. Design, construct, operate, and maintain a run-off management system to collect and control at a minimum, the water volume resulting from a 24-hour, 25-year storm;

6. Provide collection and holding facilities for run-on and run-off control systems, which shall have a permeability coefficient equal to or less than 1 x 10^-7 cm/s;

7. Record the date accumulation of shredder residue begins.

D. Shredder residue shall be treated, recycled, sorted, stored, or disposed at a Department-approved special waste facility approved in accordance with A.R.S. § 49-857. A facility which seeks to become a special waste facility shall submit a special waste management plan to the Department to ensure compliance with subsection (C) of this Section.

E. A generator shall not store shredder residue for longer than 90 days. A special waste facility shall not store shredder residue for longer than one year.

F. Shredder residue which has been determined to be nonhazardous pursuant to this Section shall be transported in accordance with the requirements for transportation of garbage as set forth in R18-13-310.

F. G. The owner or operator of a special waste facility shall pay, to the Department, the fees required by A.R.S. §§ 49-855(C)(2) and 49863 as follows:

1. $1.49 per cubic yard of uncompacted shredder residue; or

2. $3.38 per cubic yard of compacted shredder residue received; or

3.1. $6.68 per ton of shredder residue received; and

4.2. Not more than $66,835.67 per generator site per year for shredder residue that is transported to a facility regulated by the Department for treatment, storage or disposal.

G. H. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (G) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (H)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• Section recodified from A.A.C. R18-8-307, filed in the Office of the Secretary of State September 29, 2000 (Supp. 00-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Article 14 BIOHAZARDOUS MEDICAL WASTE AND DISCARDED DRUGS

Ariz. Admin. Code § R18-13-1401 Definitions

In addition to the definitions in A.R.S. § 49-701, the following definitions apply in this Article:

1. "Administrative consent order" means a bilateral agreement between the consenting party and the Department. A bilateral agreement is not subject to administrative appeal.

2.

1. "Alternative treatment technology" means a treatment method other than autoclaving or incineration that achieves the treatment standards described in R18-13-1415.

3. 2. "Approved medical waste facility plan" means the document that has been approved by the Department under A.R.S. § 49762.04, and that authorizes the operator to accept biohazardous medical waste at its solid waste facility.

4. 3. "Autoclaving," means using a combination of heat, steam, pressure, and time to achieve sterile conditions.

5. 4. "Biohazardous medical waste" is composed of one or more of the following:

a. Cultures and stocks: Discarded cultures and stocks generated in the diagnosis, treatment or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biolog-icals.

b. Human blood and blood products: Discarded products and materials that are saturated and/or dripping with human blood or caked with dried human blood, including items that would release blood in a liquid or semi-liquid form if compressed or broken, and items that contain serum, plasma, and other blood components. An item would be considered caked if it could release flakes or particles when handled.

c. Human pathological wastes: Discarded organs, tissues, and body parts, including cerebrospinal fluid, synovial fluid, pleural fluid, peritoneal fluid, pericardial fluid and amniotic fluid, removed during surgery or other medical procedures, including autopsy, obstetrics, or emergency care. Human pathological wastes do not include the head, spinal column, hair, nails, or teeth.

d. Medical sharps: Discarded sharps that pose a stick hazard that have come into contact with blood, blood products, or pathological waste. Examples include hypodermic needles; scalpel blades; and needles attached to tubing or syringes.

e. Research animal wastes: Animal carcasses, body parts, and bedding of animals that have been infected with agents that produce, or may produce, human infection.

f. Tattoo and body modification waste: any waste generated during the course of physically altering a human being, including tattooing, ear piercing, or any other process where a foreign object is used to cut or pierce the skin.

g. Trauma scene waste: any crime scene, accident, or trauma clean-up wastes generated by individuals or commercial entities hired to clean crime scenes or accidents, such as sharps and materials that contain human blood and blood products.

6. 5. "Biologicals" means preparations made from living organisms or their products, including vaccines, cultures, or other biological products intended for use in diagnosing, immunizing, or treating humans or animals or in research pertaining to these activities.

7. 6. "Biological indicator" means a representative microorganism used to evaluate treatment efficacy.

8. "Blood and blood products" means discarded human blood and any product derived from human blood, including but not limited to blood plasma, platelets, red or white blood corpuscles, and other derived products.

9. 7. "CFR" means the Code of Federal Regulations.

10. 8. "Chemotherapy waste" means any discarded material that has come in contact with an agent that kills or prevents the reproduction of malignant cells.

a. Trace contaminated chemotherapy waste includes: masks, empty drug vials, gloves, gowns, IV tubing, empty IV bags/bottles, and spill clean-up materials.

b. Bulk chemotherapy waste, such as full expired vials of chemotherapy drugs, is not biohazardous medical waste. Bulk chemotherapy waste may be considered hazardous wastes and must be handled according to the hazardous waste regulations if deemed a hazardous waste by the generator.

11. 9. "Dedicated vehicle" means a motor vehicle or trailer that is pulled by a motor vehicle used by a transporter for the purpose of transporting biohazardous medical waste in conjunction with other compatible waste according to the USDOT requirements, listed at 49 CFR 177.848, revised as of October 1, 2020, and no future editions or later amendments, is incorporated by reference in this rule and on file with ADEQ.

"Department-approved facility" means a storage, transfer, treatment, or disposal facility that has undergone plan approval as described in R18-13-1410.

12. 11. "Discarded drug" means any prescription medicine or over-the-counter medicine used in the diagnosis, treatment, or immunization of a human being or animal, that the generator intends to abandon. The term does not include hazardous waste or controlled substances regulated by the United States Drug Enforcement Agency.

13. 12. "Disposal facility" means a municipal solid waste landfill that has been approved by the Department under A.R.S. § 49-762.04 to accept untreated biohazardous medical waste for disposal.

13. "Emergency situations" include those situations where following location restrictions may result in an imminent threat to human health and the environment.

14. "Facility plan" has the meaning given to it in A.R.S. § 49-701.

15. "Free flowing" means liquid that separates readily from any portion of a biohazardous medical waste under ambient temperature and pressure.

16. 15. "Generator" means a person whose act or process produces biohazardous medical waste, or a discarded drug, or whose act first causes medical waste or a discarded drug to become subject to regulation.

17. 16. "Hazardous waste" has the meaning prescribed in A.R.S. § 49-921.

18. 17. "Health care worker" means, with respect to R18-13-1403(B)(5), a person who provides health care services at an off-site location that is none of the following: a residence, a facility where health care is normally provided, or a facility licensed by the Arizona Department of Health Services.

19. 18. "Improper disposal of biohazardous medical waste" means the disposal by a person of untreated or inadequately treated biohazardous medical waste at any place that is not approved to accept untreated biohazardous medical waste.

20. 19. "Independent testing laboratory" means a testing laboratory independent of oversight activities by a provider of alternative treatment technology.

21. 20. "Medical sharps container" means a vessel that is rigid, puncture resistant, leak proof, and equipped with a cap capable of being securely closed.

22. 21. "Medical waste," as defined in A.R.S. § 49-701, means " any solid waste which is generated in the diagnosis, treatment or immunization of a human being or animal or in any research relating to that diagnosis, treatment or immunization, or in the production or testing of biologicals, and includes discarded drugs but does not include hazardous waste as defined in A.R.S. § 49921 other than conditionally exempt small quantity generator waste. "

23. 22. "Medical waste treatment facility" or "treatment facility" means a solid waste facility approved by the Department under A.R.S. § 49-762.04 to accept and treat biohazardous medical waste from off-site generators.

24. 23. "Multi-purpose vehicle" means any motor vehicle operated by a health care worker in the course of providing health care services, where the general purpose is the non-commercial transporting of people and the hauling of goods and supplies, but not solid waste. A multi-purpose vehicle is limited to hauling biohazardous medical waste generated at a location other than a hospital or clinic.

25. 24. "Off site" means a location that does not fall within the definition of "on site" contained in A.R.S. § 49-701.

26. 25. "Packaging" or "properly packaged" means the use of a container or a practice under R18-13-1407.

27. 26. "Putrescible waste" means waste materials capable of being decomposed rapidly by microorganisms.

28. 27. "Radioactive material" has the meaning under A.R.S. § 30-651.

29. 28. "Secure" means to lock out or otherwise restrict access to unauthorized personnel.

30. 29. "Spill" means either of the following:

a. Any release of biohazardous medical waste from its package while in the generator's storage area.

b. Any release of biohazardous medical waste from its package or the release of packaged biohazardous medical waste by the transporter at a place or site that is not a medical waste treatment or disposal facility.

31. 30. "Store" or "storage" means, in addition to the meaning under A.R.S. § 49-701, either of the following:

a. The temporary holding of properly packaged biohazardous medical waste by a generator in a designated accumulation area awaiting collection by a transporter.

b. The temporary holding of properly packaged biohazardous medical waste by a transporter or a treater at an approved medical waste storage facility or treatment facility.

32. 31. "Technology provider" means a person that manufactures or a vendor who supplies alternative medical waste treatment technology.

33. 32. "Tracking document" means the written instrument that signifies acceptance of biohazardous medical waste by a transporter, or a transfer, storage, treatment, or disposal facility operator.

34. 33. "Transportation management plan" means the transporter's written plan consisting of both of the following:

a. The procedures used by the transporter to minimize the exposure to employees and the general public to biohazardous medical waste throughout the process of collecting, transporting, and handling.

b. The emergency procedures used by the transporter for handling spills or accidents.

35. 34. "Transporter" means a person engaged in the business of hauling of biohazardous medical waste from the point of generation to a Department-approved storage facility or to a Department-approved treatment or disposal facility.

36. 35. "Treat" or "treatment" means, with respect to the methods used to render biohazardous medical waste less infectious: incinerating, autoclaving, or using the alternative treatment technologies prescribed in this Article.

37. 36. "Treated medical waste" means biohazardous medical waste that has been treated and that meets the treatment standards of R18-13-1415 . Treated medical waste that requires no further processing is considered solid waste.

38. 37. "Treater" means a person, also known as an operator, who receives solid waste facility plan approval for the purpose of operating a medical waste treatment facility to treat biohazardous medical waste that is generated off site.

39. 38. "Treatment certification statement" means the written document provided by either a generator who treats biohazardous medical waste on site or by a treater to inform a solid waste disposal or recycling facility that biohazardous medical waste has been treated as prescribed in this Article, and therefore is no longer subject to regulation under this Article.

40. 39. "Treatment standards" mean the levels of microbial inactivation, prescribed in R18-13-1415, to be achieved for a specific type of biohazardous medical waste.

40. "USDOT" means the United States Department of Transportation.

"Universal biohazard symbol" or "biohazard symbol" means a representation that conforms to the design shown in 29 CFR 1910.145(f)(8)(ii) (Office of the Federal Register, National Archives and Records Administration, July 1, 1998) and which is incorporated by reference in this rule. This incorporation does not include any later amendments or editions. Copies of the incorporated material are available for inspection at the Department of Environmental Quality and the Office of the Secretary of State.

42. "Vehicle not dedicated to the transportation of biohazardous medical waste but which is engaged in commerce" means a motor vehicle or a trailer pulled by a motor vehicle whose primary purpose is the transporting of goods that are not solid waste or biohazardous medical waste and that is used by a transporter for the temporary transportation of biohazardous medical waste.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1402 Applicability

A. This Article applies to the following:

1. A generator who treats biohazardous medical waste on site, before disposing of it as treated medical waste, and to any equipment used for that purpose. Specific requirements for a generator who treats on site are prescribed in R18-13-1405.

2. A generator who contracts with a medical waste treatment facility for the purpose of treating biohazardous medical waste. Specific requirements for such a generator are prescribed in R18-13-1406.

3. A person who transports biohazardous medical waste and any motor vehicle used for that purpose.

4. A medical waste treatment facility operator, a medical waste treatment facility, and any equipment used for medical waste treatment.

5. A person who provides alternative medical waste treatment technology for the purpose of treatment, and to any technology used for treatment.

6. A person in possession of biohazardous medical waste if the waste does not meet the treatment standards in R18-13-1415.

7. An operator of a Department-approved disposal facility who accepts untreated biohazardous medical waste.

8. A person who generates medical sharps in the preparation of human remains.

9. A person who generates medical sharps in the treatment of animals.

10. A generator of discarded drugs not returned to the manufacturer.

B. The requirements for biohazardous medical waste set out for collection do not apply to the manner in which the generator collects or handles material prior to that material becoming biohazardous medical waste.

C. Provisions in this Article requiring placement in Department-approved facilities do not restrict the right to place materials in facilities that are out of state or in Indian Country.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1403 Exemptions; Partial Exemptions

A. The following persons are exempt from the requirements of this Article:

1. Law enforcement personnel handling biohazardous medical waste for law enforcement purposes.

2. A person in possession of medical waste that is regulated by a state or federal agency due to its radioactive nature.

3. A person who returns unused medical sharps to the manufacturer.

4. A household generator residing in a private, public, or semi-public residence who generates biohazardous medical waste in the administration of self care or the agent of the household generator who administers the medical care. This exemption does not apply to the facility in which the person resides if that facility is licensed by the Arizona Department of Health Services.

5. A generator that separates medical devices from the medical waste stream that are sent out for re-processing and returned to the generator.

6. A person in possession of human bodies regulated by A.R.S. Title 36.

7. A person who sends used medical sharps via the United States Postal Service or private shipping agent to a treatment facility.

B. The following are conditionally exempt from the requirements of this Article:

1. A person who prepares human corpses, remains, and anatomical parts that are intended for interment or cremation. However, medical sharps must be disposed of as prescribed by this Article.

2. A person who operates an emergency rescue vehicle, an ambulance, or a blood service collection vehicle in the course of providing medical services if the biohazardous medical waste is returned to the home facility for disposal. This facility is considered to be the point of generation for packaging, treatment, and disposal.

3. A person who discharges liquid and semi-liquid biohazardous medical wastes, excluding cultures and stocks, to the sanitary sewer system if the operator of the wastewater sewer system and treatment facility allows, permits, authorizes, or otherwise approves of the discharges.

4. Hazardous waste regulated by A.R.S. Title 49, Chapter 5.

5. A health care worker who uses a multi-purpose vehicle in the conduct of routine health care business other than transporting waste is exempt from the requirements of R18-13-1409 if the health care worker complies with all of the following:

a. Packages the biohazardous medical waste according to R18-13-1407.

b. Secures the packaged biohazardous medical waste within the vehicle so as to minimize spills.

c. Transports the biohazardous medical waste to the place of business or to a medical waste treatment or disposal facility.

d. Cleans the vehicle when it shows visible signs of contamination.

e. Secures the vehicle to prevent unauthorized contact with the biohazardous medical waste.

6. A person who transports biohazardous medical waste between multiple properties separated by a public thoroughfare and which is owned or operated by the same owner or governmental entity is exempt from the requirements of R18-13-1409 if the person complies with R18-13-1403(B)(5)(a) through (e).

7. A hospital that chooses to accept medical sharps from staff physicians who generate medical sharps in a private practice is exempt from the requirement to obtain facility plan approval as long as the hospital collects medical sharps for off-site treatment or disposal.

C. The following are exempt from some of the requirements of this Article:

1. A generator who treats biohazardous medical waste on site and who accepts for treatment medical waste described in R18-13-1403(A)(4) is exempt from the requirement to obtain solid waste facility plan approval prescribed in R18-13-1410.

2. A generator who self-hauls biohazardous medical waste to a Department-approved medical waste treatment, storage, transfer, or disposal facility is exempt from the requirements of R18-13-1409 if the generator complies with R18-13-1403(B)(5)(a) through (e).

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1404 [Repealed]

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Repealed by final rulemaking at 27 A.A.R. 2797, effective 1/7/2022.

Ariz. Admin. Code § R18-13-1405 Biohazardous Medical Waste Treated on Site

A. A person who treats biohazardous medical waste on site shall use incineration, autoclaving, or an alternative medical waste treatment method that meets the treatment standards prescribed in R18-13-1415.

B. A generator who uses:

1. Incineration shall follow the requirements of subsections (C), (F), (G), and (H),

2. Autoclaving shall follow the requirements of subsections (D), (F), (G) and (H), or

3. An alternative treatment method shall follow the requirements of subsections (E), (F), (G), and (H).

C. A generator who incinerates biohazardous medical waste on site shall comply with all of the following requirements:

1. Obtain a permit if required by the local or state air quality agency having jurisdiction.

2. Reduce the biohazardous medical waste, excluding metallic items, into carbonized or mineralized ash.

3. Determine whether incinerator ash is hazardous waste as required by hazardous waste rules promulgated under A.R.S. Title 49, Chapter 5.

4. Dispose of the non-hazardous waste incinerator ash at a Department-approved municipal solid waste landfill.

D. A generator who autoclaves biohazardous medical waste on site shall comply with all of the following requirements:

1. Further process by grinding, shredding, or any other process, any recognizable animals and human tissue, organs, or body parts, to render such waste non-recognizable and ensure effective treatment.

Operate the autoclave at the manufacturer's specifications appropriate for the quantity and density of the load.

3. Keep records of operational performance levels for six months after each treatment cycle. Operational performance level recordkeeping includes all of the following:

a. Duration of time for each treatment cycle.

b. The temperature and pressure maintained in the treatment unit during each cycle.

c. The method used to determine treatment parameters in the manufacturer's specifications.

d. The method in manufacturer's specifications used to confirm microbial inactivation and the test results.

e. Any other operating parameters in the manufacturer's specifications for each treatment cycle.

4. Keep records of equipment maintenance for the duration of equipment use that include the date and result of all equipment calibration and maintenance.

E. A generator who uses an alternative treatment method on site shall comply with all of the following requirements:

1. Use only alternative treatment methods registered under R18-13-1414.

2. Further process by grinding, shredding, or any other process, any recognizable animals and human tissue, organs, or body parts, to render this waste non-recognizable and ensure effective treatment.

3. Follow the manufacturer's specifications for equipment operation.

4. Supply upon request all of the following:

a. The Departmental registration number for the alternative medical waste treatment technology and the type of biohazardous medical waste that the equipment is registered to treat.

b. The equipment specifications that include all of the following:

i. The operating procedures for the equipment that enable the treater to comply with the treatment standards described in this Article for the type of waste treated.

ii. The instructions for equipment maintenance, testing, and calibration that enable the treater to comply with the treatment standards described in this Article for the type of waste treated.

5. Maintain a training manual regarding the proper operation of the equipment.

6. Maintain a treatment record consisting of a log of the volume of medical waste treated and a schedule of calibration and maintenance performed under the manufacturer's specifications.

7. Maintain treatment records for six months after the treatment date for each load treated.

8. Maintain the equipment specifications for the duration of equipment use.

F. A generator shall do all of the following:

1. Package the treated medical waste according to the waste collection agency's requirements;

2. Attach to the package or container a label, placard, or tag with the following words: "This medical waste has been treated as required by the Arizona Department of Environmental Quality standards" before placing the treated medical waste out for collection as a general solid waste. The generator shall ensure that the treated medical waste meets the standards of R18-13-1415.

3. Upon request of the solid waste collection agency or municipal solid waste landfill, provide a certification that the treated medical waste meets the standards of R18-13-1415.

4. Make treatment records available for Departmental inspection upon request.

G. A generator of medical sharps shall handle medical sharps as prescribed in R18-13-1419.

H. A generator of chemotherapy waste, cultures and stocks, or animal waste shall handle that waste as prescribed in R18-13-1420.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-13-1406 Biohazardous Medical Waste Transported Off Site for Treatment

A. A generator of biohazardous medical waste shall cause the waste to first be packaged as prescribed in this article and shall subsequently either self-haul or store the waste as provided under R18-13-1408 and set the waste out for collection by a properly licensed transporter under R18-13-1409.

B. A generator shall obtain a copy of the tracking document signed by the transporter signifying acceptance of the biohazardous medical waste. A generator shall keep a copy of the tracking document for the period required under the USDOT requirements, as listed in 49 CFR 172.201. 49 CFR 172.201, revised as of October 1, 2020, and no future editions or later amendments, is incorporated by reference in this rule and on file with ADEQ. The tracking document shall contain all of the following information:

1. Name and address of the generator, transporter, and medical waste treatment, storage, transfer, or disposal facility, as applicable.

2. Quantity of biohazardous medical waste collected by weight, volume, or number of containers.

3. Identification number attached to bags or containers, as specified as by the USDOT requirements, as listed in 49 CFR 172.300 -172.338 . 49 CFR 172.300- 172.338, revised as of October 1, 2020, and no future editions or later amendments, is incorporated by reference in this rule and on file with ADEQ.

4. Date the biohazardous medical waste is collected.

C. A generator of chemotherapy waste, cultures and stocks, or animal waste shall handle the waste as prescribed in R18-13-1420.

D. A generator of medical sharps shall handle the waste as prescribed in R18-13-1419.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1407 Non-Sharps Packaging

A. A generator who sets biohazardous medical waste that does not include sharps out for collection for off-site treatment or disposal shall package the biohazardous medical waste in either of the following:

1. A red disposable plastic bag that is:

a. Leak resistant,

b. Impervious to moisture,

c. Of sufficient strength to prevent tearing or bursting under normal conditions of use and handling,

d. Sealed to prevent leakage during transport, and

e. Puncture resistant for sharps, and

f e. Placed in a secondary container. This container shall be constructed of materials that will prevent breakage of the bag in storage and handling during collection and transportation and bear the universal biohazard symbol. The secondary container may be either disposable or reusable.

2. A reusable container that bears the universal biohazard symbol and that is:

a. Leak-proof on all sides and bottom, closed with a fitted lid, and constructed of smooth, easily cleanable materials that are impervious to liquids and resistant to corrosion by disinfection agents and hot water, and

b. Used for the storage or transport of biohazardous medical waste and cleaned after each use unless the inner surfaces of the container have been protected by disposable liners, bags, or other devices removed with the waste. "Cleaning" means agitation to remove visible particles combined with one of the following:

i. Exposure to hot water at a temperature of at least 180 degrees Fahrenheit for a minimum of 15 seconds.

ii. Exposure to an EPA-approved chemical disinfectant used under established protocols and regulations.

iii. Any other method that the Department determines is acceptable, if the determination of acceptability is made in advance of the cleaning.

B. A generator shall handle any container used for the storage or transport of biohazardous medical waste that is not capable of being cleaned as described in subsection (A)(2)(b), or that is disposable packaging, as biohazardous medical waste.

C. A generator shall not use reusable containers described in subsection (A)(2) for any purpose other than the storage of biohazardous medical waste.

D. A generator shall not reuse disposable packaging and liners and shall manage such items as biohazardous medical waste.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1408 Storage

A. A generator may place a container of biohazardous medical waste alongside a container of solid waste if the biohazardous medical waste is identified and not allowed to co-mingle with the solid waste. The storage area shall not be used to store substances for human consumption or for medical supplies.

B. Once biohazardous medical waste has been packaged for shipment off site, a generator shall provide a storage area for biohazardous medical waste until the waste is collected and shall comply with both of the following requirements:

1. Secure the storage area in a manner that restricts access to, or contact with the biohazardous medical waste to authorized persons.

2. Display the universal biohazard symbol and post warning signs worded as follows for medical waste storage areas: (in English) "CAUTION -- BIOHAZARDOUS MEDICAL WASTE STORAGE AREA -- UNAUTHORIZED PERSONS KEEP OUT" and (in Spanish) "PRECAUCION -- ZONA DE ALMACENAMIENTO DE DESPERDICIOS BIOLOGICOS PELIGROSOS -- PROHIBIDA LA ENTRADA A PERSONAS NO AUTORIZADAS."

C. Beginning at the time the waste is set out for collection, a generator who stores biohazardous medical waste shall comply with all of the following requirements:

1. Putrescible biohazardous medical waste may be kept unrefrigerated up to 72 hours if it would not otherwise cause odor detectable beyond the property line or attract vermin.

2. Refrigerate at 40° F. or less from hour 72 through day 90 putrescible biohazardous medical waste kept for up to 90 days.

Nonputrescible biohazardous medical waste may be kept unrefrigerated for up to 90 days.

2. 4. Store biohazardous medical waste for 90 days or less unless the generator has obtained facility plan approval under A.R.S. § 49762.04 and is in compliance with the design and operational requirements prescribed in R18-13-1412.

3. 5. Keep the storage area free of visible contamination.

4. 6. Protect biohazardous medical waste from contact with water, precipitation, wind, or animals. A generator shall ensure that the waste does not provide a breeding place or a food source for insects or rodents.

5. 7. Handle spills by re-packaging the biohazardous medical waste, re-labeling the containers and cleaning any soiled surface as prescribed in R18-13-1407(A)(2)(b).

6. 8. Notwithstanding subsections (C)(1) if odors become a problem, and (2), a generator shall minimize the off-site migration of odors and the presence of vermin. If the Department determines that a generator has not acted or adequately addressed odors or vermin, the Department shall require the waste to be removed or refrigerated at 40° F or less.

D. Trace chemotherapy waste shall be clearly identified as such by its label.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1409 [Effective until 12/3/2025] Transporter License; Fees; Transportation

A. A transporter shall obtain a transporter license from the Department as provided under subsections (B) and (C) of this Section in addition to possessing a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.

B. A transporter license is valid for five years after issuance. To renew the license, the licensee shall submit an application no later than 60 days prior to the license's expiration, and shall pay the license renewal fee, as provided in subsection (B)(1). With each application submitted for approval, the applicant shall remit an initial transporter license application fee as provided in subsection (B)(1). All fees paid shall be payable to the state of Arizona. The Department shall deposit the fees paid into the Solid Waste Fee Fund established pursuant to A.R.S. § 49-881, unless otherwise authorized or required by law.

1. To apply for or to renew a transporter license, an applicant shall submit all of the following in a Department-approved format:

a. The name, address, and telephone number of the transportation company or entity.

b. All owners' names, addresses, and telephone numbers.

c. All names, addresses, and telephone numbers of any agents authorized to act on behalf of the owner.

d. A copy of either the certificate of disclosure required by A.R.S. § 49-109 or a written acknowledgment that this disclosure is not required.

e. Photocopies or other evidence of the issuance of a permit, license, or approval if required by a local health department, environmental agency, or other governmental agency with jurisdiction.

f. A copy of the transportation management plan as defined in R18-13-1401.

g. A list identifying each dedicated vehicle.

h. For an initial transporter license application, a fee of $1,800, and for a license renewal, a fee of $1,500.

2. The Department may only issue a transporter license, including a renewal, if all of the items in subsection (B)(1)(a) through (h) have been received and determined to be correct and complete, and a Department inspection of each transporting vehicle shows that the vehicle is in compliance with this Article.

C. Transporters shall pay by the invoice due date an annual fee of $1,113 for each calendar year following payment of the new or renewal application license fee and subsequent years in which a renewal application license fee is not charged and paid, indicated in Table 2. Fee Table, Transporters Annual Fee.

D. Amendments. After issuance, the licensee shall submit to the Department any change to the information listed in subsections (B)(1)(a) through (g) of this Section within 30 days of its occurrence. Vehicles may only be added to the license after a Department inspection shows that the vehicle is in compliance with this Article. Amendments adding vehicles to the license shall be processed after payment of inspection fees and other expenses, except that the application fee shall be $148.

D. Amendments. After issuance, the licensee shall submit to the Department any change to the information listed in subsections (B)(1)(a) through (g) of this Section within 30 days of its occurrence. Vehicles may only be added to the license after a Department inspection shows that the vehicle is in compliance with this Article. Amendments adding vehicles to the license shall be processed after payment of inspection fees and other expenses, except that the application fee shall be $350.

E. An applicant who disagrees with the final bill received from the Department for the amendment, issuance, renewal or denial of a transporter license or vehicle inspections may make a written request to the Director for a review of the bill and may pay the bill under protest. The request for review shall specify the matters in dispute and shall be received by the Department within 10 working days of the date of receipt of the final bill.

F. Unless the Department and applicant agree otherwise, the review shall take place within 30 days of receipt by the Department of the request. The Director shall make a final decision as to whether the time and costs billed are correct and reasonable. The final decision shall be mailed to the applicant within 10 working days after the date of the review and is subject to appeal pursuant to A.R.S. §§ 411092 through 1092.12.

G. E. A person who transports biohazardous medical waste shall maintain in each transporting vehicle at all times a transportation management plan.

H. F. A transporter who accepts biohazardous medical waste from a generator shall transmit electronically or leave a physical copy of the tracking document described in R18-13-1406(B) with the person from whom the waste is accepted. A transporter shall ensure that a copy of the tracking document accompanies the person who has physical possession of the biohazardous medical waste. Upon delivery to a Department-approved transfer, storage, treatment, or disposal facility, the transporter shall obtain a copy of the tracking document, signed by a person representing the receiving facility, signifying acceptance of the biohazardous medical waste.

I. G. A transporter who transports biohazardous medical waste in a dedicated vehicle shall ensure that the cargo box, trailer, or compartment can be secured to limit access to authorized persons at all times except during loading and unloading. In addition, the cargo box, trailer, or compartment shall be constructed in compliance with one of the following:

1. Have a fully enclosed, leak-proof cargo compartment consisting of a floor, sides, and a roof that are made of a non-porous material impervious to biohazardous medical waste and physically separated from the driver's com- partment.

2. Haul a fully enclosed, leak-proof cargo box made of a non-porous material impervious to biohazardous medical waste.

3. Tow a fully enclosed leak-proof trailer made of a non- porous material impervious to biohazardous medical waste.

J. H. A person who transports biohazardous medical waste in a vehicle not dedicated to the transportation of biohazardous medical waste, but that is used at least once weekly for a month, shall comply with the following:

1. Subsections (A), (E) through (G), and (I) of this Section.

2. Clean the vehicle as prescribed in R18-13-1407(A)(2)(b) before it is used for another purpose.

K. I. A transporter of biohazardous medical waste shall comply with all of the following:

1. Accept only biohazardous medical waste packaged as prescribed in R18-13-1407.

2. Accept biohazardous medical waste only after providing the generator with a signed tracking document as pre- scribed in R18-13-1406(B), and keep a copy of the track- ing document for the period required under the USDOT requirements, as listed in 49 CFR 172.201.

3. Deliver biohazardous medical waste to a Department- approved biohazardous medical waste storage, transfer, treatment, or disposal facility within the following time- frames:

a. 72 hours of collection, if putrescible and unrefriger- ated; or

b. 90 days of collection, if putrescible and refrigerated at 40° F or less from hour 72 through day 90; or

c. 90 days of collection, if nonputrescible and unrefrigerated

4. Not hold biohazardous medical waste longer than specified under subsection (I)(3) unless the vehicle is parked at a Department-approved facility.

Except in emergency situations, not unload, reload, or transfer the biohazardous medical waste to another vehicle in any location other than a Department-approved facility. Combination vehicles or trailers may be uncoupled and coupled to another cargo vehicle or truck trailer as long as the biohazardous medical waste is not removed from the cargo compartment.

J. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsections (B), (C), and (D) of this Section, and Table 2. Fee Table, Transporters Annual Fee, annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (J)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022. Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1410 [Effective until 12/3/2025] Storage, Transfer, Treatment, and Disposal Facilities; Facility Plan Approval

A. A person shall obtain solid waste facility plan approval from the Department as prescribed in A.R.S. § 49-762.04 and pursuant to R18-13-702 to construct any facility that will be used to store, transfer, treat, or dispose of biohazardous medical waste that was generated off site. Plan approval shall be obtained before starting construction of the medical waste treatment or disposal facility. This requirement also applies to solid waste facilities for which an operator self-certifies under A.R.S. § 49-762.05, if the facility also will receive biohazardous medical waste.

B. If an air quality permit is required for the facility under A.R.S. Title 49, Chapter 3, the person shall include evidence of that air quality permit, or evidence of an air quality permit application with the application for solid waste facility plan approval.

C. A person applying for facility plan approval shall ensure that the plan contains information demonstrating how the plan will comply with this Article.

D. Annual registration fee. The Department shall bill an annual registration fee to a biohazardous medical waste facility described in subsection (A) of this Section as follows:

1. For a disposal or treatment facility, $12,500;

2. For a storage facility, $7,500; and

3. For a transfer facility, $3,000.

E. A facility subject to more than one fee under subsection (D) of this Section shall only pay the highest fee amount.

F. The biohazardous medical waste facility shall pay the annual registration fee within 30 days of invoice receipt.

G. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (D) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regionalresources.htm, for October of that year.

2. Round the result from subsection (G)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1411 Storage and Transfer Facilities; Design and Operation

An operator of a storage facility or transfer facility shall comply with all of the following design and operation requirements:

1. Design the facility so that biohazardous medical waste is always handled and stored separately from other types of solid waste if accepted at the facility.

2. Display prominently the universal biohazard symbol as prescribed in R18-13-1401.

3. Construct the storage area from smooth, easily cleanable non-porous material that is impervious to liquids and resistant to corrosion by disinfecting agents and hot water.

4. Protect biohazardous medical waste from contact with water, precipitation, wind, or animals.

5. Specify in the application for facility plan approval the maximum storage time that biohazardous medical waste will remain at the facility. If Putrescible biohazardous medical waste will be stored for more than 72 hours, the operator shall equip the facility with a refrigerator to refrigerate Putrescible biohazardous medical waste. The operator of the facility shall maintain the temperature in the refrigerator at 40° F. or less.

6. Accept biohazardous medical waste only if it is accompanied by the tracking document. The operator shall sign the tracking document and keep a copy of the acceptance documentation for the period required under the USDOT requirements, as listed in 49 CFR 172.201.

7. Accept biohazardous medical waste if it is packaged as described in R18-13-1407. If a biohazardous medical waste container is damaged or leaking, improperly labeled, or otherwise unacceptable, a transfer facility operator shall do one of the following:

a. Reject the waste and return it to the transporter or self-hauling generator.

b. Accept the waste and immediately repackage it as prescribed in R18-13-1407(A).

8. Clean the storage area daily. "Clean" means to remove visible particles combined with one of the following:

a. Exposure to hot water at a temperature of at least 180 degrees Fahrenheit for a minimum of 15 seconds.

b. Exposure to an EPA-approved chemical disinfectant used under established protocols and regulations.

c. Any other method that the Department determines is acceptable, if the determination of acceptability is made in advance of the cleaning.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1412 Treatment Facilities; Application Requirements; Design and Operation

A. An operator who applies for facility plan approval shall comply with subsections (1) and (2) as well as all of the requirements in subsection (B):

1. Submit to the Department the following documentation:

a. Equipment specifications that identify the proper type of medical waste to be treated in the equipment and any design or equipment restrictions.

b. Manufacturer's specifications and operating procedures for the equipment that describe the type and volume of waste to be treated, monitoring data of the treatment process, and calibration and testing of the equipment, providing specific details about the capability of the equipment to achieve the treatment standards prescribed in R18-13-1415.

c. Instructions for equipment maintenance, testing, and calibration that ensure the equipment achieves the treatment standards prescribed in R18-13-1415.

d. Training manual for the equipment.

e. Written certification from the manufacturer stating that the equipment, when operated properly, is capable of achieving the treatment standards prescribed in R18-13-1415.

2. Submit to the Department and have readily available at the facility, an operations procedure manual describing how the waste will be handled from the time it is accepted by the treater through the treatment process and final disposition of the treated waste. The operations procedure manual shall include all of the following:

a. Provisions for treating biohazardous medical waste within 72 hours of receipt or refrigerating at 40° F. or less upon determination that treatment or disposal will not occur within 72 hours. Nonputrescible biohazardous medical waste that is not immediately treated may be stored for up to 90 days unrefrigerated.

b. A contingency plan if the treatment equipment is out of service for an extended period of time. The plan shall address the manner and length of time for storage of the waste. An operator shall not store biohazardous medical waste more than 90 days. The plan shall be based on the capacity of the treatment equipment to treat all waste at the facility, including any backlog of stored waste and any new waste intake. If the 90-day time-frame will be exceeded, the operator shall either stop accepting waste until the backlog is treated, or contract with another treatment facility for treating the waste.

c. Procedures for handling hazardous chemicals, radioactive waste, and chemotherapy waste. The plan shall provide for scanning biohazardous medical waste with a Geiger counter and handling waste that measures above background level in a manner that complies with state and federal law.

3. Have on hand written procedures stating that biohazardous medical waste is to be accepted from a transporter only if the waste is accompanied by a tracking form, and written procedures that require compliance with both of the following:

a. The treater or the treater's authorized agent shall sign the tracking document and keep a copy of the acceptance documentation for one year.

b. If a biohazardous medical waste container is damaged or leaking, improperly labeled, or otherwise unacceptable, a treater shall do one of the following:

i. Reject the waste and return it to the transporter.

ii. Accept the waste and transfer it directly from the transporting vehicle to the treatment processing unit.

iii. If the waste will not be treated immediately, repackage the waste for storage.

4. Assure that the facility is designed to meet both of the following requirements:

a. Any floor or wall surface in the processing area of the facility which may come into contact with biohazardous medical waste is constructed of a smooth, easily cleanable non-porous material that is impervious to liquids.

b. The floor surface in the treatment and storage area either has a curb of sufficient height to contain spills or slopes to a drain that connects to an approved sanitary sewage system, septic tank system, or collection device.

5. Store biohazardous medical waste as required in R18-13-1408 .

6. Comply with all of the following if the treatment method is incineration:

a. Reduce the incinerated medical waste, excluding metallic items, into carbonized or mineralized ash by incineration.

b. Determine whether the ash is hazardous waste as required under R18-8-262 .

7. Conduct any autoclaving according to the manufacture's specifications for the unit.

8. Use only alternative medical waste treatment methods that achieve the treatment standards in R18-13-1415(A) .

9. Treat animal waste, chemotherapy waste, and cultures and stocks as prescribed in R18-13-1420 .

10. Treat medical sharps as prescribed in R18-13-1419 .

11. Keep records of equipment maintenance and operational performance levels for three years. The records shall include the date and result of all equipment calibration and maintenance. Operational performance level records shall indicate the duration of time for each treatment cycle and:

a. For steam treatment and microwaving treatment records, both the temperature and pressure maintained in the treatment unit during each cycle and the method used for confirmation of temperature and pressure.

b. For chemical treatment, a description of the solution used.

c. For incineration, the temperature maintained in the treatment unit during operation.

d. Any other operating parameters in the manufacturer's specifications.

e. A description of the treatment method used and a copy of the maintenance test results.

12. Not open the red bag prior to treatment unless opening the bag is required to treat the contents. Transfer of the entire contents, when performed as part of the treatment process, is permitted.

B. An operator of a department-approved facility shall comply with all of the following:

1. Have readily accessible written procedures stating that biohazardous medical waste is to be accepted from a transporter only if the waste is accompanied by a tracking document, and written procedures that require compliance with both of the following:

a. The treater or the treater's authorized agent shall sign the tracking document and keep a copy of the acceptance documentation for the period required under the USDOT requirements, as listed in 49 CFR 172.201.

b. If a biohazardous medical waste container is damaged or leaking, improperly labeled, or otherwise unacceptable, a treater shall do one of the following:

i. Reject the waste and return it to the transporter or self-hauling generator.

ii. Accept the waste and transfer it directly from the transporting vehicle to the treatment processing unit.

iii. If the waste will not be treated immediately, repackage the waste for storage.

2. Assure that the facility is designed to meet both of the following requirements:

a. Any floor or wall surface in the processing area of the facility which may come into contact with biohazardous medical waste is constructed of a smooth, easily cleanable non-porous material that is impervious to liquids.

b. The floor surface in the treatment and storage area either has a curb of sufficient height to contain spills or slopes to a drain that connects to an approved sanitary sewage system, septic tank system, or collection device.

3. Store biohazardous medical waste as required in R18-13-1408.

4. Comply with all of the following if the treatment method is incineration:

a. Reduce the incinerated medical waste, excluding metallic items, into carbonized or mineralized ash by incineration.

b. Determine whether the ash is hazardous waste as required under R18-8-262.

5. Conduct any autoclaving according to the manufacturer's specifications for the unit.

6. Use only alternative medical waste treatment methods that achieve the treatment standards in R18-13-1415(A).

7. Treat animal waste, chemotherapy waste, and cultures and stocks as prescribed in R18-13-1420.

8. Render medical sharps incapable of creating a stick hazard by using an encapsulation agent or any other process that prevents a stick hazard.

Keep records of equipment maintenance and operational performance levels for three years. The records shall include the date and result of all equipment calibration and maintenance. Operational performance level records shall indicate the duration of time for each treatment cycle and:

a. For steam treatment and microwaving treatment records, both the temperature and pressure maintained in the treatment unit during each cycle and the method used for confirmation of temperature and pressure.

b. For chemical treatment, a description of the solution used.

c. For incineration, the temperature is maintained in the treatment unit during operation.

d. Any other operating parameters in the manufacturer's specifications.

e. A description of the treatment method used and a copy of the maintenance test results.

10. Not open a sealed biohazardous medical waste container prior to treatment unless opening the container is required to treat the contents. Transfer of the entire contents, when performed as part of the treatment process, is permitted.

11. Clean the storage and treatment areas as necessary to protect the public health and employee health and safety.

C. The treater shall make treatment records available for Departmental inspection upon request.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1413 Changes to Approved Medical Waste Facility Plans

A. As required by A.R.S. § 49-762.06, before making any change to an approved facility plan, a facility owner or operator shall submit a notice to the Department stating the type of change requested, including but not limited to:

1. A Type I change to an approved medical waste facility plan is a change not described in subsection (A)(2), (3), or (4).

2. A Type II change to an approved medical waste facility plan is a change in which treatment equipment is replaced with equal or like equipment, resulting in either no increase to treatment capacity or the addition of equipment that is not directly used in the treatment process.

3. A Type III change to an approved medical waste facility plan is a change described by one of the following:

a. Treatment equipment is added, resulting in less than a 25% increase in treatment capacity.

b. The storage area is enlarged resulting in less than a 25% increase in storage capacity.

c. Treatment technology is changed.

4. A Type IV change to an approved medical waste facility plan is a change described by one of the following:

a. Treatment equipment is added, resulting in a 25% or more increase in treatment capacity.

b. The storage area is enlarged resulting in a 25% or more increase in storage capacity.

c. Treatment equipment is added that requires an environmental permit.

d. An expansion of the treatment facility onto land not previously described in the approved plan.

B. As required by A.R.S. § 49-762.06, a treatment facility operator who has identified a change under subsection (A) shall comply with one of the following:

1. For a Type I change, make the change without notice to, or approval by the Department.

2. For a Type II change, before making any change, provide written notification that describes the change to the Department. The addition of refrigeration units only for compliance with this Article is a Type II change for which no Departmental approval is required.

3. For a Type III or Type IV change, submit an amended plan to the Department for approval before making any change. Departmental approval is required prior to making any change.

C. An owner or operator of an existing municipal solid waste landfill who intends to accept untreated biohazardous medical waste shall submit a notice of a Type III change and an amended facility plan.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1414 Alternative Medical Waste Treatment Methods: Registration and Equipment Specifications

A. A manufacturer or its agent who applies for alternative medical waste treatment method registration shall submit to the Department all of the following:

1. The manufacturer or company name and address.

2. The name, address, and telephone number of the person who submits the application.

3. A description of the alternative medical waste treatment method.

4. A list of any other states in which the treatment method is used, including a copy of any state approvals.

5. A description of by-products generated as result of the alternative treatment method.

6. A certification statement that the contents of the application are true and accurate to the knowledge and belief of the applicant.

7. Written documentation demonstrating that the alternative medical waste treatment method is capable of compliance with the treatment standards in this Article for the type of waste treated. The manufacturer shall employ a laboratory independent of any oversight activities by the manufacturer to provide this analysis.

8. The manufacturer's equipment specifications for the alternative medical waste treatment method being registered, including all of the following:

a. Unit model number, or serial number.

b. Equipment specifications that identify the proper type of biohazardous medical waste to be treated by the equipment and any design or equipment restrictions.

c. Operating procedures for the equipment that ensure the equipment complies with the treatment standards prescribed in this Article for the type of waste treated.

d. Instructions for equipment maintenance, testing, and calibration that ensure the equipment complies with the treatment standards prescribed in this Article for the type of waste treated.

9. Written documentation of registration if required by A.R.S. § 3-351.

B. The Department shall make a determination whether to approve the registration application. If the Department approves the application, it shall issue to the applicant a certification of registration containing an alternative medical waste treatment method registration number. Only an alternative technology method with a valid Department issued registration number meets the requirements of this Article.

C. If documentation of Departmental registration is not on file with a generator utilizing alternative medical waste treatment technology, the Department shall classify biohazardous medical waste treated using the unregistered alternative treatment technology as untreated biohazardous medical waste.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1415 Treatment Standards, Quantification of Microbial Inactivation and Efficacy Testing Protocols

A. A treater using an alternative treatment technology shall ensure that treatment achieves either of the following treatment standards:

1. A 6 log₁₀ inactivation in the concentration of vegetative microorganisms.

2. A 4 log₁₀ inactivation in the concentration of Bacillus stearothermophilus or Bacillus subtilis as is appropriate to the technology.

B. A treater utilizing an alternative treatment method shall conduct efficacy studies to demonstrate that the treatment mechanisms are capable of achieving the standards in subsection (A) through either of the following:

Mycobacterial species used as indicators of vegetative microorganisms:

a. Mycobacterium phlei, or

b. Mycobacterium bovis (BOG) (ATCC 35743)

2. Spore suspensions of one of the following two bacterial species, as appropriate to the technology, used as biological indicators in efficacy tests of thermal, chemical, and irradiation treatment systems. Studies shall demonstrate a 4 log₁₀ reduction in the concentration of viable spores, through the use of an initial inoculum suspension of 5 log₁₀ or greater of:

a. Bacillus stearothermophilus (ATCC 7953), or

b. Bacillus subtilis (ATCC 19659).

C. A treater utilizing an alternative treatment method shall quantify microbial inactivation as follows:

1. Microbial inactivation, or "kill" efficacy is equated to "Log₁₀ Kill" that is defined as the difference between the logarithms of the number of viable test microorganisms before and after treatment. This definition is stated as:

Log₁₀ Kill = Log₁₀ (cfu/g "I") - Log₁₀ (cfu/g "R")

where:

Log₁₀ Kill is equivalent to the term Log₁₀ reduction,

"I" is the number of viable test microorganisms introduced into the treatment unit,

"R" is the number of viable test microorganisms recovered from the treatment unit, and

"cfu/g" are colony forming units per gram of waste solids.

2. For those treatment processes that can maintain the integrity of the biological indicator carrier of the desired microbiological test strain, biological indicators of the required strain and concentration may be used to demonstrate microbial inactivation. Quantification is evaluated by growth or no growth of the cultured biological indicator.

For those treatment mechanisms that cannot ensure or provide integrity of the biological indicator, quantitative measurement of microbial inactivation requires a two-step approach: Step 1 "Control" and Step 2 "Test". The purpose of Step 1 is to account for the reduction of test microorganisms due to loss by dilution or physical entrapment.

a. Step 1:

i. Use microbial cultures of a predetermined concentration necessary to ensure a sufficient microbial recovery at the end of this step.

ii. Add suspension to a standardized medical waste load that is to be processed under normal operating conditions without the addition of the treatment agent (that is, heat, chemicals).

iii. Collect and wash waste samples after processing to recover the biological indicator organisms in the sample.

iv. Plate the recovered microorganism suspensions to quantify microbial recovery. The number of viable microorganisms recovered serves as a baseline quantity for comparison to the number of recovered microorganisms from wastes processed with the treatment agent.

v. The required number of recovered viable indicator microorganisms from Step 1 must be equal to or greater than the number of microorganisms required to demonstrate the prescribed Log reduction, either a 6 Log₁₀ reduction for vegetative microorganisms or a 4 Log₁₀ reduction for bacterial spores. This can be defined by the following equation:

Log₁₀ RC = Log₁₀ IC - Log₁₀ NR

or

Log₁₀ NR = Log₁₀ IC - Log₁₀ RC

where:

Log₁₀ RC is greater than 6 for vegetative microorganisms and greater than 4 for bacterial spores and where:

Log₁₀ RC is the number of viable "control" microorganisms in colony forming units per gram of waste solids recovered in the non-treated, processed waste residue;

Log₁₀ IC is the number of viable "control" microorganisms in colony forming units per gram of waste solids introduced into the treatment unit;

Log₁₀ NR is the number of "control" microorganisms in colony forming units per gram of waste solids which were not recovered in the non-treated, processed waste residue. Log₁₀ NR represents an accountability factor for microbial loss.

b. Step 2:

i. Use microbial cultures of the same concentration as in Step 1.

ii. Add suspension to the standardized medical waste load that is to be processed under normal operating conditions with the addition of the treatment agent.

iii. Collect and wash waste samples after processing to recover the biological indicator organisms in the sample.

iv. Plate recovered microorganism suspensions to quantify microbial recovery.

v. From data collected from Step 1 and Step 2, the level of microbial inactivation, "Log₁₀ Kill", is calculated by employing the following equation:

Log₁₀ Kill = Log₁₀ IT - Log₁₀ NR - Log₁₀ RT

where:

Log₁₀ Kill is equivalent to the term Log₁₀ reduction;

Log₁₀ IT is the number of viable "Test" microorganisms in colony forming units per gram of waste solids introduced into the treatment unit. Log₁₀ IT = Log₁₀ IC;

Log₁₀ NR is the number of "Control" microorganisms in colony forming units per gram of waste solids which were not recovered in the non-treated, processed waste residue;

Log₁₀ RT is the number of viable "Test" microorganisms in colony forming units per gram of waste solids recovered in treated, processed waste residue.

D. A treater shall employ the appropriate methodology to determine efficacy of the treatment technology following the protocols in subsection (C) that are congruent with the treatment method.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1416 Recycled Materials

A. Once a generator places biohazardous medical waste in a red bag as required in R18-13-1407, a person shall not remove any of the biohazardous medical waste from the bag until the biohazardous medical waste has been treated as required in R18-13-1415.

B. A generator of biohazardous medical waste intending to recycle any portion of the biohazardous medical waste shall segregate that portion of biohazardous medical waste from the portion of biohazardous medical waste that will not be recycled. The generator shall do either of the following:

1. Treat the biohazardous medical waste intended for recycling as required in R18-13-1415 before sending the treated medical waste to a recycler.

2. Follow the requirements in R18-13-1406, R18-13-1407, and R18-13-1408, before either contracting with a transporter to haul or self-hauling the biohazardous medical waste to a treatment facility for treatment. After treatment, the treated medical waste may be sent to a recycler.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3).

Ariz. Admin. Code § R18-13-1417 Disposal Facilities: Design and Operation

An operator of a municipal solid waste landfill that accepts untreated biohazardous medical waste shall comply with all of the following in design and operational requirements:

1. Accept biohazardous medical waste only if packaged according to R18-13-1407.

2. Keep the biohazardous medical waste disposal area separate from the general purpose disposal area.

3. Clearly label the biohazardous medical waste disposal area, informing persons that the disposal area contains untreated medical waste.

4. Not drive directly over deposited medical waste. The operator shall achieve compaction by first spreading a layer of soil that is sufficiently thick to prevent compaction equipment from coming into direct contact with the waste, or dragging waste over the area.

Cover the biohazardous medical waste with 6 inches of compacted soil at the end of the working day or more often as necessary to prevent vector breeding and odors.

6. Not allow salvaging of untreated biohazardous medical waste from the landfill.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1418 Discarded Drugs

A. Discarded drugs that are not hazardous waste, not returned to the manufacturer, and not segregated and labeled on site for transport to a treatment facility shall be destroyed on site by the generator of such drugs by any method that prevents the drugs' use prior to placing the waste out for collection. If federal or state law prescribes a specific method for destruction of discarded drugs, the generator shall comply with that law.

B. A generator of discarded drugs may flush them down a sanitary sewer if allowed by the wastewater treatment authority.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1419 Medical Sharps

A. Medical sharps shall be handled as follows:

1. A generator who treats biohazardous medical waste on site shall place medical sharps in a sharps container after rendering them incapable of creating a stick hazard by using an encapsulation agent or any other process that prevents a stick hazard. Medical sharps encapsulated or processed in this manner are considered to be solid waste.

2. A generator who ships biohazardous medical waste off site for treatment shall either:

a. Place medical sharps in a medical sharps container and follow the requirements of R18-13-1406, or

b. Package and send medical sharps to a treatment facility via a mail-back system as prescribed by the instructions provided by the mail-back system operator. The generator shall retain proof of shipping.

3. A person operating a treatment facility who accepts medical sharps for treatment shall either:

a. Encapsulate medical sharps to prevent stick hazard, or

b. Use any other process that prevents a stick hazard.

B. Notwithstanding subsections (A)(1) and (A)(2), the following syringes do not have to be placed in a medical sharps container:

1. Syringes that have never had a needle (sharp) attached.

Syringes where a needle or sharp had been attached and has been separated from the syringe so that no stick or puncture hazard remains with the syringe.

C. Syringes that are exempted by subsection (B) from being placed in a medical sharps container are not biohazardous medical waste, and may be treated as a solid waste, if they are not composed of biohazardous items listed in R18-13-1401(4) and do not contain discarded drugs or another regulated substance.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Ariz. Admin. Code § R18-13-1420 Additional Handling Requirements for Certain Wastes

A. A person who treats the following biohazardous medical waste categories shall meet the following additional requirements:

1. Cultures and stocks shall be incinerated, autoclaved, or treated by an alternative medical waste treatment method that meets the treatment standards set forth in R18-13-1415(A) . If cultures and stocks are shipped off site for treatment or disposal, they shall be packaged inside a watertight primary container with absorbent packing materials. The primary container shall be placed inside a watertight secondary inner container that is then placed inside an outer container with sufficient cushioning material to prevent shifting between the secondary inner container and the outer container. If federal or state law prescribes specific requirements for packaging and transporting this waste, the treater shall comply with that law.

2. Trace chemotherapy waste shall be incinerated or disposed of in either an approved solid waste or hazardous waste disposal facility.

3. Experimental or research animal waste shall be handled as follows:

a. Autoclave bedding on site or package as described in R18-13-1407 for off-site treatment or landfilling.

b. Incinerate animal carcasses on site, or if taken off site for treatment, comply with one of the following requirements:

i. Package the waste in a leakproof, covered container, label the contents and send to an incinerator or a Department-approved landfill, or

ii. If treated by a method other than incineration, pre-process by grinding, then treat by a method that achieves the standards of R18-13-1415(A).

B. If a treater uses grinding in combination with another treatment method described in this Article, the treater shall conduct it in a closed system to prevent humans from being exposed to the release of the waste into the environment. If grinding is used for medical sharps, the grinding shall render the medical sharps incapable of creating a stick hazard.

History

• New Section adopted by final rulemaking at 5 A.A.R. 3776, effective September 17, 1999 (Supp. 99-3). Amended by final rulemaking at 27 A.A.R. 2801, effective 1/4/2022.

Article 15 RECODIFIED

Ariz. Admin. Code § R18-13-1501 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-902 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1002 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1502 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-901 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1001 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1503 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-903 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1003 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1504 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-904 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1004 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1505 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-905 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1005 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1506 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-906 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1006 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1507 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-907 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1007 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1508 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-908 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1008 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1509 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-909 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1009 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1510 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-910 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1010 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1511 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-911 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1011 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1512 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-912 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1012 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1513 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-913 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1013 (Supp. 01-4).

Ariz. Admin. Code § R18-13-1514 Recodified

History

• Adopted effective April 23, 1996 (Supp. 96-2). Section recodified to R18-9-914 at 7 A.A.R. 2522, effective May 24, 2001 (Supp. 01-2). Previous note correction: Section actually recodified to R18-9-1014 (Supp. 01-4).

Article 16 BEST MANAGEMENT PRACTICES FOR PETROLEUM CONTAMINATED SOIL

Ariz. Admin. Code § R18-13-1601 Definitions

In addition to definitions in A.R.S. § 49-851 and A.A.C. R18-13-1301, the terms in this Article shall have the following meanings:

1. "Accumulation site" means an area or site at which PCS from one or more points of generation under the control of the generator of PCS is accumulated for more than 12 hours but less than 90 days prior to treatment, storage, or disposal.

2. "Containment system" means a system designed to contain an accumulation of special waste which meets the design and performance standards in R18-13-1608 and either R18-13-1609 or R18-13-1611.

3. "Excavated" means removed from the earth by scraping or digging a hole or cavity in the earth's surface or otherwise removed from the earth's surface.

"Facility" or "special waste receiving facility" means a treatment facility, storage facility, or disposal facility which has been approved by the Director in accordance with A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-858.

5. "Hazardous waste" means hazardous waste as defined in A.R.S. § 49-921(5).

6. "Non-fuel, non-solvent petroleum product" means a petroleum-based substance refined from virgin crude oil that is not used as a solvent or fuel including mineral oils and hydraulic oils.

7. "Non-regulated soils" means soils that are neither hazardous waste, PCS, nor solid waste PCS, and which do not constitute an environmental nuisance pursuant to A.R.S. §§ 49-141 through 49-144.

8. "PCS" means petroleum-contaminated soils, which are not hazardous waste or solid waste PCS, which are excavated for storage, treatment, or disposal, and which contain contaminants as described by any of the following:

a. TPH which exceeds concentrations of 5,000 mg/kg,

b. Benzene which exceeds concentrations of 0.13 mg/kg,

c. Toluene which exceeds concentrations of 200 mg/kg,

d. Ethylbenzene which exceeds concentrations of 68 mg/kg,

e. Total xylene which exceeds concentrations of 44 mg/kg.

8. "PCS" or "petroleum-contaminated soils" means soils excavated for storage, treatment or disposal containing one or more of the contaminants in the list below at the following concentrations:

a. Benzene greater than or equal to 1.4 mg/kg,

b. Toluene greater than or equal to 650 mg/kg,

c. Ethylbenzene greater than or equal to 400 mg/kg,

d. Total Xylenes greater than or equal to 420 mg/kg,

e. Anthracene greater than or equal to 240,000 mg/kg,

f. Benz(A)anthracene greater than or equal to 21 mg/kg,

g. Benzo(A)pyrene greater than or equal to 2.1 mg/kg,

h. Benzo(B)fluoranthene greater than or equal to 21 mg/kg,

i. Benzo(K)fluoranthene greater than or equal to 210 mg/kg,

j. Chrysene greater than or equal to 2,000 mg/kg,

k. Dibenz(A,H)anthracene greater than or equal to 2.1 mg/kg,

l. Fluoranthene greater than or equal to 22,000 mg/kg,

m. Fluorene greater than or equal to 26,000 mg/kg,

n. Indenopyrene greater than or equal to 21 mg/kg,

o. Naphthalene greater than or equal to 190 mg/kg,

p. Pyrene greater than or equal to 29,000 mg/kg.

"PCS disposal facility" means a site or special waste receiving facility at which the disposal of PCS has been approved by the Director pursuant to A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-858.

10. "Petroleum" means petroleum as defined in A.R.S. § 49-1001(11).

11. "Point of compliance" means point of compliance as defined in A.R.S. § 49-244.

12. "Special waste shipper" means a person who transports special waste for off-site treatment, storage, or disposal.

13. "Solid waste PCS" means excavated soils contaminated with petroleum that are not hazardous waste and not PCS but that contain one or more of the contaminants in the list below at the following concentrations:

a. Benzene greater than or equal to 0.65 but less than 1.4 mg/kg;

b. Toluene greater than or equal to 650 mg/kg;

c. Ethylbenzene greater than or equal to 400 mg/kg;

d. Total Xylenes greater than or equal to 270 but less than 420 mg/kg;

e. Anthracene greater than or equal to 22,000 but less than 240,000 mg/kg;

f. Benz(A)anthracene greater than or equal to 6.9 but less than 21 mg/kg;

g. Benzo(A)pyrene greater than or equal to 0.69 but less than 2.1 mg/kg;

h. Benzo(B)fluoranthene greater than or equal to 6.9 but less than 21 mg/kg;

i. Benzo(K)fluoranthene greater than or equal to 69 but less than 210 mg/kg;

j. Chrysene greater than or equal to 680 but less than 2,000 mg/kg;

k. Dibenz(A,H)anthracene greater than or equal to 0.69 but less than 2.1 mg/kg;

l. Fluoranthene greater than or equal to 2,300 but less than 22,000 mg/kg;

m. Fluorene greater than or equal to 2,700 but less than 26,000 mg/kg;

n. Indenopyrene greater than or equal to 6.9 but less than 21 mg/kg;

o. Naphthalene greater than or equal to 56 but less than 190 mg/kg;

p. Pyrene greater than or equal to 2,300 but less than 29,000 mg/kg.

14. "Storage" means the holding of PCS for a period of more than 90 days but less than one year.

15. "Storage facility" means a special waste receiving facility which engages in storage and which has been approved by the Director pursuant to A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-858.

16. "Temporary treatment facility" means an on-site treatment facility, or an off-site treatment facility owned or operated by the generator of PCS, where the PCS is treated to reduce the contaminants that make it PCS and which complies with the requirements of R18-13-1610 .

17. "Total petroleum hydrocarbons" or "TPH" means the sum of the aliphatic and aromatic hydrocarbon constituents contained in petroleum, as determined through laboratory testing.

18.17. "Treatability study" means a study in which a special waste is subjected to a treatment process to determine any one or more of the following:

a. Whether the waste is amenable to the treatment process,

b. What pretreatment is required,

c. The optimal process conditions needed to achieve the desired treatment,

d. The efficiency of a treatment process,

e. The characteristics and volumes of residual contaminants from a particular treatment process,

f. Toxicological and health effects.

19.18. "Treatment facility" means a special waste receiving facility at which PCS is treated to reduce the PCS contaminants and, if in the state of Arizona, has been Department-approved pursuant to A.R.S. § 49-857 or has qualified for Interim Use Facility status pursuant to A.R.S. § 49-85.

History

• Recodified from R18-8-1601 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1602 Applicability

A. The Director declares that PCS, as defined in R18-13-1601(8), constitutes a special waste as defined in A.R.S. § 49-851(A)(9). Except as otherwise provided in this Section and R18-13-1603, PCS shall be treated, stored, and disposed of in accordance with this Article. PCS shall not be diluted with any material or substance for purposes of avoiding applicability of these rules.

B. PCS which is used in a treatability study shall comply with all of the following:

1. The owner or operator of the facility where a treatability study is to be conducted shall notify the Department of its intent to conduct a treatability study at least 30 days prior to the commencement of the treatability study.

2. The total quantity of PCS used in the treatability study shall not exceed 5000 kilograms, unless evidence is provided which justifies the need for a larger quantity and permission to use a larger amount is granted by the Director.

3. The owner or operator of the facility shall maintain records detailing the treatability study and the results obtained in accordance with R18-13-1614.

4. The treatability study shall be completed and the PCS shall be removed from the site within one year from commencement of the study.

5. Upon completion of the treatability study, the owner or operator of a facility shall dispose of the PCS used in the treatability study in accordance with this Article.

6. Sampling of the PCS shall be conducted in accordance with R18-13-1604(B) and (C) before and after the treatability study is performed.

7. The performance of the treatability study shall not result in an environmental nuisance pursuant to A.R.S. §§ 49-141 through 49-144.

C. PCS which is excavated pursuant to the requirements of A.R.S. Title 49, Chapter 6, Underground Storage Tank Regulation, and which is not removed from the site, shall comply with the requirements of R18-13-1610 and R18-13-1612.

D. PCS incorporated into asphalt for use in paving is not subject to other provisions of this Article if the owner or operator of the facility where the asphalt is produced does all of the following:

1. Notifies the Department in writing at least 30 days prior to commencing such incorporation,

2. Maintains records in accordance with R18-13-1614 ,

3. Stores the PCS prior to incorporation in accordance with R18-13-1611,

4. Uses only soil characterized as PCS based on TPH concentrations as set forth in R18-13-1601(8)(a) .

E. Requirements in this Article for Department-approved facilities do not apply to facilities that are out of state or in Indian Country.

History

• Recodified from R18-8-1602 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1603 Exemptions

A. Solid waste PCS are exempt from the provisions of this Article, except for the requirements in R18-13-1604, and are subject to A.R.S. § 49-761 et seq.

B. Non-regulated soils are exempt from the provisions of this Article, except for the requirements in R18-13-1604, and are exempt from the requirements of A.R.S. § 49-761 et seq.

C. Asphaltic cement which is not hazardous waste is exempt from the requirements of this Article.

D. Soils which are contaminated with petroleum, which have been generated by households, and which are not hazardous waste, shall be exempt from the requirements of this Article.

E. Soil characterized as PCS solely because the TPH concentration exceeds 5,000 mg/kg may be disposed in accordance with A.R.S. § 49-761 et seq. and shall be exempt from the requirements of this Article, except that the generator shall comply only with the requirements for accumulation sites in R18 13 1612, if either of the following conditions are met:

1. The mathematical product of the TPH (mg/kg) and the number of tons excavated is less than 10,000.

2. The mathematical product of the TPH (mg/kg) and the number of cubic yards excavated is less than 8,500.

History

• Recodified from R18-8-1603 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1604 Waste Determination

A. A generator of excavated soil contaminated with petroleum shall determine whether the soil is PCS, solid waste PCS, or non-regulated soil. The basis for the determination shall be maintained for at least three years and shall be made available to the Department upon request. The generator shall make such determination using either of the following methods:

1. Testing the soil pursuant to subsection (B) of this Section. Laboratory analysis of these samples shall be performed by a laboratory licensed by the Arizona Department of Health Services. Approved testing methods, which identify concentrations for total recoverable extraction of contaminants, shall be used.

Application of knowledge of the characteristics of the contaminated soil in light of the known or potential source of the contamination. The Department may require sampling to confirm the accuracy of applied knowledge.

B. Sampling of soils contaminated with petroleum shall be performed in accordance with a site-specific written sampling plan which is consistent with the requirements set forth in either of the following:

1. "Test Methods for Evaluating Solid Waste", EPA SW-846, 3rd Edition Volume II: Field Manual, Physical/Chemical Method, Chapter Nine (SW-846 Third Edition), 1986, Environmental Protection Agency, Washington, D.C. and no future editions or amendments, incorporated herein by reference and on file with the Department and the Office of the Secretary of State.

2. "Quality Assurance Project Plan", Chapter 9, May 1991 Edition, Arizona Department of Environmental Quality, Phoenix, Arizona and no future editions or amendments incorporated herein by reference and on file with the Department and the Office of the Secretary of State.

C. Where multiple samples arc collected from a stockpile of contaminated soil generated from a single source, the stockpile shall be considered as PCS if the arithmetic mean of the TPH concentrations of the samples exceeds 5,000 mg/kg. A sample having a concentration of total petroleum hydrocarbons which is below the analytical method detection limit or reporting limit shall be assigned a concentration which is 1/2 of the reported analytical method detection limit or reporting limit.

D. C. If soil excavated during the initial investigation of a site to determine the extent of contamination is PCS, the PCS may be returned into the excavation site from which the soil was removed if all of the following conditions are met:

1. There is no freestanding liquid within the excavation, unless the State Fire Marshal or other jurisdictional fire authority directs otherwise, and the requirements of subsections (2) and (3) of this subsection are met.

2. The owner or operator provides notification to the Department that the PCS has been returned to the excavation within 14 days after the return of the PCS to the excavation.

3. The owner or operator completes a site characterization within 120 days and implements remediation within 150 days after the date the site characterization began.

History

• Recodified from R18-8-1604 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1605 Transportation

A. PCS transported to a special waste receiving facility in Arizona shall be transported by a special waste shipper which has met the requirements of R18-13-1303.

B. A special waste shipper shall transport the PCS in closed containers pursuant to R18-13-1611(E) or shall ensure that any vehicle used to transport the PCS is loaded and covered in such a manner that the contents will not blow, fall, leak, or spill from the vehicle.

C. A special waste shipper transporting PCS to a special waste receiving facility in Arizona, except a facility located on Indian country, shall deliver PCS to a special waste receiving facility approved by the Department.

History

• Recodified from R18-8-1605 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-13-1606 [Effective until 12/3/2025] Fees

A. In accordance with A.R.S. §§ 49-855(C)(2) and 49-863, the treatment, storage, or disposal facility in this state that first receives a shipment of PCS shall remit to the Department a fee of $6.68 per ton but not more than $66,835.67 per generator site per year for PCS that is transported to the facility.

B. Initial registration fee. Upon making a request for a special waste identification number on a form as provided by the Director pursuant to Article 13, A generator of PCS shall submit to the Department an initial registration fee of $900.

C. Annual registration fee. The Department shall bill an annual registration fee to a generator of PCS or special waste receiving facility that has received facility approval under R18-13-1607 that has not filed a notice of termination of registration with the Department as follows:

1. For a generator of PCS, $750; and

2. For a special waste receiving facility, $5,000.

D. The generator of PCS or special waste receiving facility shall pay the annual registration fee within 30 days of invoice receipt.

E. In accordance with A.R.S. § 49-855(G), a solid waste landfill that pays registration fees under A.R.S. § 49-747 is exempt from the annual registration fee under subsection (C) of this Section.

F. B. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (A) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regionalresources.htm, for October of that year.

2. Round the result from subsection (F)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• Recodified from R18-8-1606 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-1607 Facility Approval; Application

A. PCS shall be treated, stored, or disposed only at a PCS disposal facility, storage facility, treatment facility, or temporary treatment facility. A facility located in Arizona shall not be constructed or operated prior to obtaining written approval from the Department, except as provided for in A.R.S. § 49-858.

B. The owner or operator of a PCS treatment, storage, or disposal facility shall submit an application to the Department which contains all of the information required in accordance with A.R.S. § 49-762.

C. In addition to the requirements specified in A.R.S. § 49-762, the application shall contain all of the following:

1. A vicinity map, in a scale not over 1:24,000, which shows where the facility is located with respect to the surroundings, including an indication of the use of the adjacent properties.

2. An engineering report which includes all of the following:

a. Detailed plans and specifications for the entire facility including manufacturer's performance data and design features of treatment, pollution control, and monitoring equipment.

b. A site description which includes general information on the geology, hydrogeology, soils, and land use. If a facility is located within the pollution management area of a facility for which an aquifer protection permit has been issued under A.R.S. § 49-241 et seq., then the applicant may resubmit or incorporate by reference the general information.

c. A background soil sampling plan and results which characterize the site, including the rationale used to determine the locations, depths, and number of samples.

3. A site map, in a scale not to exceed 1:2,400, which clearly identifies where the PCS shall be deposited, containment berms, fencing and security measures, access roads, any improvements, wells, and location of surface water courses.

4. An operational plan which includes all of the following:

a. General description of the daily operations of the facility and the processes, techniques, or methods to be employed;

b. The source, amount, concentration of contaminants, and any other relevant information concerning the PCS to be handled;

c. The schedule for sampling the PCS during treatment to evaluate treatment methods;

d. Description of plans for final use and disposal of PCS and remediated soil, liners, piping, carbon canisters, and any other contaminated equipment;

e. Procedures to ensure that only waste which has been characterized is received and that hazardous waste is not received;

f. Procedures for random inspection of incoming loads to verify that only waste which has been characterized is accepted;

g. Procedures for collecting and managing run-off which comes in contact with PCS;

h. Procedures for recordkeeping of all inspection results, training of personnel, and sampling results;

i. Procedures to control public access, and prevent unauthorized entry and illegal dumping.

5. A contingency plan for emergency preparedness which describes alternatives for storage, treatment, or disposal.

6. A closure plan which includes:

a. A description of the steps necessary to close the facility, the specific proposed closure activities, and an implementation schedule;

b. Information on site conditions and characterization of the waste received during the life of the facility;

c. A description of the sampling plan utilized to sample background soil beneath the site following closure;

d. A description of plans for use of the land site after closure;

e. A description of post-closure care.

7. An affidavit that the proposed facility is in compliance with local zoning requirements in effect at the time the application is submitted.

D. Following completion of construction of a facility and prior to placement of PCS on the site, the owner or operator shall submit to the Department a construction certification report, including as-built plans which indicate any changes to the design or operational plans for the facility.

E. Plans required in accordance with this Section shall be sealed by a professional engineer registered in the state of Arizona, if required by statute.

F. A facility shall be in compliance with all other applicable federal, state, and local approvals or permits which are required for the design, construction, and operation of the facility.

History

• Recodified from R18-8-1607 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1608 General Design and Performance Standards

A. A facility which receives PCS for treatment, storage, or disposal shall be designed and operated to ensure compliance with the following performance standards relating to aquifer protection:

1. Pollutants discharged shall in no event cause or contribute to a violation of Aquifer Water Quality Standards, at the applicable point of compliance, or, if the facility is a municipal solid waste landfill, it shall comply with the requirements of A.R.S. § 49-761.01(C).

2. Any pollutant discharged shall not further degrade, at the applicable point of compliance, the quality of any aquifer that already violates an Aquifer Water Quality Standard for that pollutant.

B. A facility which receives PCS for treatment, storage, or disposal shall meet the general design criteria of either subsection (B)(1) or (2) as follows:

1. The PCS shall be held within a containment system designed and constructed to preclude the migration of contaminants into subsurface soil, groundwater, or surface water. The containment system shall meet the following criteria:

a. Maintain a maximum permeability coefficient of no more than 1 x 10^-7 cm/sec;

b. Be designed to provide structural integrity throughout the life of the facility;

c. Be designed in accordance with the applicable design criteria set forth in subsection (C) of this Section and R18-13-1609 through R18-13-1613; or

2. An alternative design shall contain, at a minimum, all of the following and shall demonstrate that the design will limit discharges listed in A.R.S. § 49-243(D) to the maximum extent practicable:

a. The hydrogeologic setting of the facility and the capacity of the liner and soils to preclude discharge to groundwater or surface water;

b. The operating methods, processes, or other alternatives to be used at the facility;

c. Additional factors which would influence the quality and mobility of the leachate produced and the potential for that leachate to migrate to groundwater or surface water.

C. A PCS treatment, storage, or disposal facility shall meet the following general design criteria:

1. The facility shall be designed to prevent run-on and run-off. The design shall provide run-on control for the peak discharge from a 24-hour, 25-year storm event. Run-off shall be collected and controlled for at least the water volume resulting from a 24-hour, 25-year storm event.

2. The facility shall not restrict the flow of the 100-year floodplain, reduce temporary water storage capacity of the floodplain, or be maintained in a manner which results in a washout or inundation of the PCS.

3. The owner or operator shall control public access and shall prevent unauthorized vehicular traffic and illegal dumping.

4. The owner or operator shall manage any standing water that has come into contact with the PCS in accordance with rules promulgated pursuant to A.R.S. § 49-761 et seq.

D. A facility which manages PCS in accordance with the requirements of this Article shall be exempt from the aquifer protection permit requirements in accordance with A.R.S. § 49-250(B)(21).

E. A facility which has been issued an aquifer protection permit from the Department shall be exempt from the requirements of subsections (A) and (B) of this Section but shall comply with the requirements of subsection (C).

History

• Recodified from R18-8-1608 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1609 Treatment Facility

A. The owner or operator of a PCS treatment facility shall obtain approval from the Department prior to commencement of construction or operation and shall comply with all of the following:

1. Not dilute PCS as a method of treatment, except as allowed in the approved plan for the facility;

2. Treat the PCS or, if the chosen treatment process fails to remediate the soil to below the regulatory thresholds, dispose of the PCS pursuant to R18-13-1613.

3. Sample the treated soil and provide the results of the sampling to the Department within 45 days of completion of the treatment.

B. A PCS treatment facility designed in accordance with R18-13-1608(B)(1) shall comply with the following specific design criteria:

1. At a minimum, a containment system shall include a clay, synthetic, concrete, or asphalt liner component which is placed upon a foundation or prepared subgrade which supports the liner, and resists pressure gradients above and below the liner, to prevent failure due to settlement, compression, or uplift.

2. During construction or installation of a containment system, liners and cover systems shall be inspected for uniformity, damage, and imperfections. Immediately after construction or installation is completed, and prior to placement of PCS within the containment system, the systems shall be checked for both of the following:

a. Synthetic liners and covers shall be inspected to ensure tight seams and joints and the absence of tears, punctures, or blisters.

b. Concrete, asphalt, and soil-based liners and covers shall be inspected for imperfections including lenses, cracks, channels, root holes, or other structural non-uniformities that may cause an increase in the permeability of the liner or cover.

3. The liner component shall consist of one of the following:

a. A synthetic liner which is compatible with the waste and which has a minimum 6" buffer layer of sand or soil between the liner and the PCS.

b. A compacted soil or admixed liner provided with a minimum 6" buffer layer of sand or soil between the liner and the PCS.

c. An asphalt or reinforced concrete liner which is not in the drainage area of a dry well and is free of unsealed cracks and seams.

4. Aeration equipment shall be limited to the area above the buffer layers indicated in subsections (B)(2)(a) and (b).

5. The owner or operator of the facility shall utilize protective measures to ensure containment system integrity during placement, treatment, or removal of the PCS.

6. PCS stored at a treatment facility prior to treatment shall be stored in accordance with the requirements of R18-13-1611.

History

• Recodified from R18-8-1609 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-13-1610 Temporary Treatment Facility

A. The owner or operator of a temporary treatment facility shall treat and remove all PCS from the temporary treatment facility within one year from the date of commencement of receipt of PCS for treatment. PCS shall not be diluted to meet any treatment requirement, except in accordance with the approved plan.

B. A temporary treatment facility shall obtain approval from the Department prior to commencing construction or operation. In lieu of the requirements of R18-13-1607(C), an application for approval shall contain all of the following:

1. An affidavit signed by the owner or operator of the temporary treatment facility which states that the facility will comply with the requirements of this Article;

2. An affidavit that the proposed facility is in compliance with local zoning requirements in effect at the time the application is submitted;

Application information required pursuant to A.R.S. § 49-762.03(C)) for plan approval for temporary treatment facilities;

4. A vicinity map, in a scale not over 1:24,000, which shows where the facility is located with respect to the surroundings, including an indication of the use of the adjacent properties;

5. A site description which includes general information on the geology, hydrogeology, soils, and land use;

6. A background soil sampling plan and results which characterize the site, including the rationale used to determine the locations, depths and number of samples;

7. A site map, in a scale not to exceed 1:2,400, which clearly identifies where the PCS shall be deposited, containment berms, fencing and security measures, access roads, any improvements, wells, and location of surface water courses;

8. An operational plan which includes all of the following:

a. General description of the daily operations of the facility and the processes, techniques, or methods to be employed;

b. The source, amount, concentration of contaminants, and any other relevant information concerning the PCS to be handled;

c. The schedule for sampling the PCS during treatment to evaluate treatment methods;

d. Description of plans for final use and disposal of PCS and remediated soil, liners, piping, carbon canisters, and any other contaminated equipment;

9. A closure and post-closure care plan which includes both of the following:

a. A description of the steps necessary to close the facility, the specific proposed closure activities, and an implementation schedule;

b. A description of the sampling plan utilized to sample background soil beneath the site following closure.

C. A temporary treatment facility shall not be operated for more than one year unless a one-time extension is granted by the Department. The Department may grant an extension of up to one additional year if all of the following are met:

1. The inability to perform is caused by events beyond the control of the owner or operator, including acts of God, which include flood, tornado, earthquake, and causes beyond the owner's or operator's control including fire, explosion, unforeseen strikes or work stoppages, riot, sabotage, public enemy, war, requirements established by courts of competent jurisdiction, and other governing law. Financial inability to perform shall not be justification for an extension.

2. The owner and operator submits to the Department verifiable documentation which includes all of the following:

a. A description of the circumstances causing any delay;

b. Evidence of the existence of the circumstance;

c. A description of past, present, and future measures taken or to be taken by the owner or operator to prevent or minimize any delay;

d. A timetable by which the owner and operator will resume and complete required performance.

3. The request is received at least 60 days prior to the expiration of the year in which the facility first received PCS. Where the Department grants an extension, that extension shall be granted prior to the expiration of the deadline and communicated to the owner or operator in writing.

D. A temporary treatment facility shall meet the design criteria as specified in R18-13-1608 and R18-13-1609(B).

E. PCS stored at a temporary treatment facility prior to treatment shall be stored in accordance with the requirements of R18-13-1611.

F. In accordance with A.R.S. § 49-762(F), a temporary treatment facility shall be exempt from the notice and public hearing requirements set forth in A.R.S. § 49-762(L).

History

• Recodified from R18-8-1610 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1611 Storage Facility

A. A shipment of PCS shall not be stored for a period exceeding one year from the date the PCS is received.

B. Each shipment of contaminated soil shall be identified by source and stored in a manner which does not allow commingling of different shipments until all sampling results have been obtained. PCS shall be stored within an approved containment system and shall not be commingled with treated soils.

C. A PCS storage facility shall obtain approval from the Department prior to commencement of construction or operation. A PCS storage facility designed in accordance with R18-13-1608(B)(1) shall comply with either of the following:

The containment system shall meet the requirements of R18-13-1609(B).

2. The PCS shall be stored in tanks or containers which meet the requirements of subsection (E) of this Section.

D. A PCS storage area or each tank or container used for storage shall be marked as follows:

CAUTION: CONTAINS PETROLEUM-CONTAMINATED SOIL

GENERATOR NAME:

GENERATOR ID#:

ACCUMULATION START DATE:

The owner or operator of the storage facility shall fill in the accumulation start date at the time the PCS is placed into storage. The letters shall be legible, not obstructed from view, on a high contrast background, and sufficiently durable to equal or exceed the duration of storage. Lettering size shall be 2.5 cm (1 inch) and in Sans Serif, Gothic, or Block style.

E. A tank or container used to store PCS shall meet all of the following requirements:

1. Prevent leakage of PCS and any free liquids from the tank or container;

2. Be made of, or lined with, materials which will not react with the PCS;

3. Be kept closed during storage except to add or remove PCS;

4. Not be opened, handled, or stored in a manner which may rupture the tank or container or cause it to leak;

5. Shall be inspected monthly by the owner or operator of the storage facility for leaks and for deterioration. A written record of the inspection shall be prepared at the time of the inspection and shall document corrective action, if any, taken as a result of the inspection.

F. A PCS storage facility at which PCS is stored in piles shall comply with both of the following:

1. All storage piles shall be covered or otherwise managed to control wind dispersal of the PCS.

2. Storage piles of PCS shall be inspected weekly and a written record of the inspection shall be prepared at the time of the inspection which documents any corrective action taken as a result of the inspection. The record shall document detection of any of the following:

a. Deterioration, malfunctions, or improper operation of run-on and run-off control systems;

b. Malfunctioning of wind dispersal control systems;

c. The presence of leachate in and the malfunctioning of any leachate collection and removal systems.

History

• Recodified from R18-8-1611 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-13-1612 Accumulation Sites

A. PCS from one or more points of generation under the control of a single generator may be accumulated in an accumulation site under the control of that generator for up to 90 days prior to shipment of the PCS to a storage, disposal, or treatment facility.

B. An accumulation site shall comply with the storage facility requirements set forth in R18-13-1611, except subsection (A) of that Section. An accumulation site shall not be required to comply with the requirements in R18-13-1607.

C. While PCS is at an accumulation site, the owner or operator shall control public access and prevent unauthorized vehicular traffic and illegal dumping. PCS shall be managed to prevent the PCS from being exposed to storm water run-on or run-off.

History

• Recodified from R18-8-1612 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Ariz. Admin. Code § R18-13-1613 Disposal

A. PCS shall be disposed at a special waste receiving facility which has been approved for the disposal of PCS, or at a hazardous waste management facility as defined in R18-13-260(E)(13).

B. A PCS disposal facility designed in accordance with R18-13-1608(B)(1) shall comply with the following specific design criteria:

1. The disposal facility shall be designed with a composite liner, as defined in subsection (B)(2), and a leachate collection system that is designed and constructed to maintain less than a 12-inch depth of leachate over the liner.

2. For purposes of this Section, "composite liner" means a system consisting of two components: the upper component shall consist of a minimum 30-mil flexible membrane liner (FML) and the lower component shall consist of at least a two-foot layer of compacted soil with a permeability coefficient of no more than 1 x 10^-7 cm/sec. FML components consisting of high density polyethylene (HDPE) shall be at least 60 mil thick. The FML component shall be installed in direct and uniform contact with the compacted soil component.

History

• Recodified from R18-8-1613 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4). Amended by final expedited rulemaking at 27 A.A.R. 57, effective 1/5/2021.

Ariz. Admin. Code § R18-13-1614 Records

Records required to be kept pursuant to this Article shall be maintained by the owner or operator and made available for inspection by the Director for a period of three years or longer during the course of an enforcement action or litigation.

History

• Recodified from R18-8-1614 at 8 A.A.R. 5172, effective November 27, 2002 (Supp. 02-4).

Article 17 FINANCIAL ASSURANCE

Ariz. Admin. Code § R18-13-1701 Definitions

1. "Book net worth" means the net difference between total assets and total liabilities.

2. "Face amount" means the total amount the insurer is obligated to pay under the policy.

3. "Net working capital" means current assets minus current liabilities.

"Substantial business relationship" means a pattern of recent or ongoing business transactions to the extent that a guaranty contract issued incident to that relationship is valid and enforceable.

5. "Tangible net worth" means an owner or operator's book net worth, plus subordinated debts, less goodwill, patent rights, royalties, and assets and receivables due from affiliates or shareholders.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1703 Financial Demonstrations for CCR Facilities

A. Financial demonstration. The owner or operator of a of a CCR facility for which a financial demonstration is required under this Chapter shall demonstrate financial capability to meet all of the following based on third-party cost estimates that are representative of regional fair market costs:

1. Cost of Facility Closure for all applicable units at the facility,

2. Cost to Ensure Proper Post-Closure Care for all applicable units at the Facility, and

3. Cost to perform any corrective action as a result of known releases at all applicable units at the facility

B. The owner or operator shall:

1. Submit a letter signed by the chief financial officer stating that the owner or operator is financially capable of meeting the costs described in subsection (A);

2. For a state or federal agency, county, city, town, or other local governmental entity, submit a statement specifying the details of the financial arrangements used to meet the estimated costs described in subsection (A), including any other details that demonstrate how the owner or operator is financially capable of meeting those costs;

3. For other than a state or federal agency, county, city, town, or other local governmental entity, submit the information required for at least one of the financial assurance mechanisms listed in R18-13-1704 that covers the closure, post-closure, and corrective action costs submitted under subsection (A), including:

a. The selected financial mechanism or mechanisms;

b. The amount covered by each financial mechanism;

c. The institution or company that is responsible for each financial mechanism used in the demonstration;

d. Any other details that demonstrate how the owner or operator is financially capable of meeting the costs described in R18-13-1020(A)(2) or other applicable rules in this Chapter.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Ariz. Admin. Code § R18-13-1704 Financial Assurance Mechanisms

A. The owner or operator of a CCR facility for which a financial demonstration under R18-13-1703 is required by this Chapter may use any one or a combination of the following mechanisms to cover the financial assurance obligations under R18-13-1703(A):

1. Financial test for self-assurance. If an owner or operator uses a financial test for self-assurance, the owner or operator shall not consolidate the financial statement with a parent or sibling company. The owner or operator shall make the demonstration in either subsection (1)(a) or (b) and submit the information required in subsection (1)(c):

a. The owner or operator may demonstrate:

i. One of the following:

(1) A ratio of total liabilities to net worth less than 2.0 and a ratio of current assets to current liabilities greater than 1.5;

(2) A ratio of total liabilities to net worth less than 2.0 and a ratio of the sum of net annual income plus depreciation, depletion, and amortization to total liabilities greater than 0.1; or

(3) A ratio of the sum of net annual income plus depreciation, depletion, and amortization to total liabilities greater than 0.1 and a ratio of current assets to current liabilities greater than 1.5;

ii. The net working capital and tangible net worth of the owner or operator each are at least six times the closure, postclosure and corrective action cost estimates; and

iii. The owner or operator has assets in the U.S. of at least 90 percent of total assets or six times the closure, post-closure and corrective action cost estimates; or

b. The owner or operator may demonstrate:

i. The owner or operator's senior unsecured debt has a current investment-grade rating as issued by Moody's Investor Service, Inc.; Standard and Poor's Corporation; or Fitch Ratings;

ii. The tangible net worth of the owner or operator is at least six times the closure, post-closure and corrective action cost estimates; and

iii. The owner or operator has assets in the U.S. of at least 90 percent of total assets or six times the closure, post-closure and corrective action cost estimates; and

c. The owner or operator shall submit:

i. A letter signed by the owner or operator's chief financial officer that identifies the criterion specified in subsection (1)(a) or (b) and used by the owner or operator to satisfy the financial assurance requirements of this Section, an explanation of how the owner or operator meets the criterion, and certification of the letter's accuracy, and

ii. A statement from an independent certified public accountant verifying that the demonstration submitted under subsection (1)(c)(i) is accurate based on a review of the owner or operator's financial statements for the latest completed fiscal year or more recent financial data and no adjustment to the financial statement is necessary.

Performance surety bond. The owner or operator may use a performance surety bond if all the following conditions are met:

a. The company providing the performance bond is listed as an acceptable surety on federal bonds in Circular 570 of the U.S. Department of the Treasury;

b. The bond provides for performance of all the covered items listed in R18-13-1703(A) by the surety, or by payment into a standby trust fund of an amount equal to the penal amount if the owner or operator fails to perform the required activities;

c. The penal amount of the bond is at least equal to the amount of the cost estimate developed in R18-13-1703(A) if the bond is the only method used to satisfy the requirements of this Section or a pro-rata amount if used with another financial assurance mechanism;

d. The surety bond names the Arizona Department of Environmental Quality as beneficiary;

e. The original surety bond is submitted to the Director;

f. Under the terms of the bond, the surety is liable on the bond obligation when the owner or operator fails to perform as guaranteed by the bond; and

g. The surety payments under the terms of the bond are deposited directly into the Standby Trust Fund.

3. Certificate of deposit. The owner or operator may use a certificate of deposit if the following conditions are met:

a. The owner or operator submits to the Director one or more certificates of deposit made payable to or assigned to the Department to cover the owner or operator's financial assurance obligation or a pro-rata amount if used with another financial assurance mechanism;

b. The certificate of deposit is insured by the Federal Deposit Insurance Corporation and is automatically renewable;

c. The bank assigns the certificate of deposit to the Arizona Department of Environmental Quality;

d. Only the Department has access to the certificate of deposit; and

e. Interest accrues to the owner or operator during the period the owner or operator gives the certificate as financial assurance, unless the interest is required to satisfy the requirements in R18-13-1703(A).

4. Trust fund. The owner or operator may use a trust fund if the following conditions are met:

a. The trust fund names the Arizona Department of Environmental Quality as beneficiary, and

b. The trust is initially funded in an amount at least equal to:

i. The cost estimate for the items submitted under R18-13-1703(A),

ii. The amount specified in a compliance schedule approved in a CCR facility permit, or

iii. A pro-rata amount if used with another financial assurance mechanism.

5. Letter of credit. The owner or operator may use a letter of credit if the following conditions are met:

a. The financial institution issuing the letter is regulated and examined by a federal or state agency;

b. The letter of credit is irrevocable and issued for at least one year in an amount equal to the cost estimate submitted under R18-13-1703(A) or a pro rata amount if used with another financial assurance mechanism. The letter of credit provides that the expiration date is automatically extended for a period of at least one year unless the issuing institution has canceled the letter of credit by sending notice of cancellation by certified mail to the owner or operator and the Director 90 days in advance of cancellation or expiration. The owner or operator shall provide alternate financial assurance within 60 days of receiving the notice of expiration or cancellation;

c. The financial institution names the Arizona Department of Environmental Quality as beneficiary for the letter of credit; and

d. The letter is prepared by the financial institution and identifies the letter of credit issue date, expiration date, dollar sum of the credit, the name and address of the Department as the beneficiary, and the name and address of the owner or operator.

6. Insurance policy. The owner or operator may use an insurance policy if the following conditions are met:

a. The insurance is effective before signature of the permit or substitution of insurance for other extant financial assurance instruments posted with the Director;

b. The insurer is authorized to transact the business of insurance in the state and has an AM BEST Rating of at least a B+ or the equivalent;

c. The owner or operator submits a copy of the insurance policy to the Department;

d. The insurance policy guarantees that funds are available to pay costs for all items listed under R18-13-1703(A) without a deductible. The policy also guarantees that once cleanup steps begin that the insurer will pay out funds to the Director or other entity designated by the Director up to an amount equal to the face amount of the policy;

e. The policy guarantees that while closure, post-closure, or corrective action activities are conducted the insurer will pay out funds to the Director or other entity designated by the Director up to an amount equal to the face amount of the policy;

f. The insurance policy is issued for a face amount at least equal to the current cost estimate submitted to the Director for performance of all items listed under R18-13-1703(A) or a pro-rata amount if used with another financial assurance mechanism. Actual payments by the insurer will not change the face amount, although the insurer's future liability is reduced by the amount of the payments, during the policy period;

g. The insurance policy names the Arizona Department of Environmental Quality as additional insured;

h. The policy contains a provision allowing assignment of the policy to a successor owner or operator. The transfer of the policy is conditional upon consent of the insurer and the Department; and

i. The insurance policy provides that the insurer does not cancel, terminate, or fail to renew the policy except for failure to pay the premium. The automatic renewal of the policy, at a minimum, provides the insured with a renewal option at the face amount of the expiring policy. If the owner or operator fails to pay the premium, the insurer may cancel the policy by sending notice of cancellation by certified mail to the owner or operator and to the Director 90 days in advance of the cancellation. If the insurer cancels the policy, the owner or operator shall provide alternate financial assurance within 60 days of receiving the notice of cancellation.

7. Cash deposit. The owner or operator may use a cash deposit if the cash is deposited with the Department to cover the financial assurance obligation under R18-13-1703(A).

8. Guarantees.

a. The owner or operator may use guarantees to cover the financial assurance obligations under R18-13-1703(A) if the following conditions are met:

i. The owner or operator submits to the Department an affidavit certifying that the guarantee arrangement is valid under all applicable federal and state laws. If the owner or operator is a corporation, the owner or operator shall include a certified copy of the corporate resolution authorizing the corporation to enter into an agreement to guarantee the owner or operator's financial assurance obligation;

ii. The owner or operator submits to the Department documentation that explains the substantial business relationship between the guarantor and the owner or operator;

iii. The owner or operator demonstrates that the guarantor meets conditions of the financial mechanism listed in subsection (1). For purposes of applying the criteria in subsection (1) to a guarantor, substitute "guarantor" for the term "owner or operator" as used in subsection (1);

iv. The guarantee is governed by and complies with state law;

v. The guarantee continues in full force until released by the Director or replaced by another financial assurance mechanism listed under subsection (1);

vi. The guarantee provides that, if the owner or operator fails to perform closure, post-closure care or corrective action of a facility covered by the guarantee, the guarantor shall perform or pay a third party to perform closure, post-closure care or corrective action, as required by the permit, or establish a fully funded trust fund as specified under subsection (4) in the name of the owner or operator; and

vii. The guarantor names the Arizona Department of Environmental Quality as beneficiary of the guarantee.

b. Guarantee reporting. The guarantor shall notify or submit a report to the Department within 30 days of:

i. An increase in financial responsibility during the fiscal year that affects the guarantor's ability to meet the financial demonstration;

ii. Receiving an adverse auditor's notice, opinion, or qualification; or

iii. Receiving a Department notification requesting an update of the guarantor's financial condition.

9. An owner or operator may use a financial assurance mechanism not listed in subsections (1) through (8) if approved by the Director.

B. Loss of coverage. If the Director believes that an owner or operator will lose financial capability under this Section, the owner or operator shall, within 30 days from the date of receipt of the Director's request, submit evidence that the financial demonstration under R18-13-1703 is being met or provide an alternative financial assurance mechanism.

C. Financial assurance mechanism substitution. An owner or operator may substitute one financial assurance mechanism for another if the substitution is approved by the Director through a permit modification or other Department approval.

History

• New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.

Article 19 LEAD ACID BATTERY RECYCLING

Ariz. Admin. Code § R18-13-1901 [Effective until 12/3/2025] Collection or Recycling Facility of Lead Acid Batteries; Registration

A. Initial registration. The owner or operator of an existing collection or recycling facility that accepts lead acid batteries shall register with the Department on a form approved by the Department. A collection or recycling facility shall not begin operation to accept lead acid batteries until the owner or operator registers with the Department on a form approved by the Department that includes a statement that the facility is in compliance with A.R.S. § 44-1322.

B. Annual registration fee. The Department shall bill an annual registration fee of $675 to a registered collection or recycling facility that has not filed a notice of termination of registration with the Department. The owner or operator of a registered collection or recycling facility shall pay the annual registration fee within 30 days of invoice receipt.

C. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsections subsection (A) and (B) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regionalresources.htm, for October of that year.

2. Round the result from subsection (C)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

D. B. For purposes of this Section, "lead acid battery" means a battery with a core of elemental lead and a capacity of six or more volts that is suitable for use in a vehicle or a boat.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Article 20 USED OIL

Ariz. Admin. Code § R18-13-2001 Definitions

A. " 40 CFR 279 ", and any section therein, refers to 40 CFR part 279, as amended on January 1, 1997, and no future editions or later amendments. Copies of 40 CFR 279 are available at https://www.govinfo.gov/app/collection/cfr/. Copies are on file with the Department.

B. "CFR" means the Code of Federal Regulations.

C. "Department" means the Arizona Department of Environmental Quality.

D. "Used oil" means the same as defined in 40 CFR 279.1 and includes oil that has been contaminated as a result of handling, transportation, or storage.

E. "Used oil collection center" means the same as defined in 40 CFR 279.1.

F. "Used oil burner" means the same as defined in 40 CFR 279.1.

G. "Used oil fuel marketer" means the same as defined in 40 CFR 279.1.

H. "Used oil handler" means a used oil burner, used oil marketer, used oil transporter, or used oil processor.

I. "Used oil processor" means the same as defined in 40 CFR 279.1.

J. "Used oil transporter" means the same as defined in 40 CFR 279.1.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-2002 [Effective until 12/3/2025] Used Oil Handler Registration

A. Initial registration. A new used oil handler that has received, or is required to obtain, an EPA identification number pursuant to 40 CFR 279 shall not begin operation until the owner or operator registers with the Department on a form approved by the Department.

1. For a used oil processor, $9,000;

2. For a used oil burner, $15,000;

3. For a used oil transporter, $1,800; and

4. For a used oil fuel marketer, $1,800.

B. Annual registration fee. The Department shall bill an annual registration fee to a used oil handler that has received, or is required to obtain, an EPA identification number pursuant to 40 CFR 279 that has not filed a notice of termination of registration with the Department as follows:

1. For a used oil processor, $7,500;

2. For a used oil burner, $12,500;

3. For a used oil transporter, $1,500; and

4. For a used oil fuel marketer, $1,500.

C. The registered used oil handler shall pay the annual registration fee within 30 days of invoice receipt.

D. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsections (A) and (B) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regionalresources.htm, for October of that year.

2. Round the result from subsection (D)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-2003 Used Oil Collection Center Identification Number; Requirements

A. A used oil collection center shall request a used oil collection center identification number on a form provided by the Director pursuant to A.R.S. § 49-802(C) that contains all of the following:

1. The company name;

2. The name of the owner of the company;

3. The mailing address and telephone number of the company;

4. The location of the collection center; and

5. A description of the type of used oil activity at the company.

B. Within 30 days of receiving the completed form, the Director shall issue the identification number to the used oil collection center.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Article 21 SOLID WASTE LANDFILL REGISTRATION AND DISPOSAL FEES

Ariz. Admin. Code § R18-13-2101 Definitions

In addition to the definitions in A.R.S. §§ 49-701 and 49-701.01, for the purpose of this Article, the terms used in this Article have the following meanings:

1. "Defined time period" means the 12-month period that begins on July 1 of a calendar year and ends on June 30 of the following calendar year and consists of the actual number of calendar days in that 12-month period.

2. "Disposal fee invoice" means the quarterly landfill disposal fee invoice the Department mails to a landfill operator, on which the landfill operator indicates the amount of waste received and the amount of the disposal fees owed to the Department as required under A.R.S. § 49-836.

3. "Full quarter" means any of the standard fiscal quarters of the defined time period for which a municipal solid waste landfill accepted waste on or before the first day of the quarter and on or after the last day of that quarter.

3. "Local public facility" means a facility operated pursuant to A.R.S. § 49-741.

4. "Recycling residue" means waste generated from recycling:

a. solid waste; or

b. effluent from a secondary wastewater treatment plant or wastewaters.

History

• New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-2102 [Effective until 12/3/2025] Solid Waste Landfill Registration; Annual

Registration Fee

A. An operator of a new solid waste landfill shall register the solid waste landfill with the Department on a form approved by the Department.

B. An existing solid waste landfill shall pay an annual registration fee within 30 days of receipt of an invoice from the Department according to the following:

1. For municipal solid waste landfills that received less than 12,000 tons during the defined time period, $1,856.

2. For municipal solid waste landfills that received at least 12,000 tons but less than 60,000 tons during the defined time period, $3,713.

3. For municipal solid waste landfills that received at least 60,000 tons but less than 225,000 tons or more during the defined time period, $10,000.

For municipal solid waste landfills that received 225,000 tons or more during the defined time period, $18,565.

5. For non-municipal solid waste landfills that received less than 60,000 tons during the defined time period, $5,000.

6. For non-municipal solid waste landfills that received 60,000 tons or more during the defined time period, $5,569.

History

• New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Amended by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-2103 [Effective until 12/3/2025] [Repealed]

A. An operator of a new solid waste landfill shall register the solid waste landfill and pay the landfill registration fee as follows:

1. The operator shall pay the initial landfill registration fee within 30 days of the date that the Department approves the facility plan. The initial landfill registration fee is $1,250.

2. Registration is valid for one year, except if the landfill is initially registered during October, November, or December of a calendar year, the next landfill registration due date is December 31 of the following calendar year and each calendar year thereafter unless released from the annual landfill registration requirement as specified in subsection (C).

3. The annual registration fee remains $1,250 until the first annual registration period after the first full quarter of the defined time period.

B. A. The Department shall calculate and the solid waste landfill shall pay the annual landfill registration fee until the first defined time period after the solid waste landfill stops accepting waste.

C. B. From the time a solid waste landfill stops accepting waste as specified in subsection (A), until the owner or operator of the solid waste landfill has completed closure and is released from its obligation for post-closure care as required by A.R.S. §§ 49-761 or 49-770, the annual registration fee is $3,500.

C. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (B) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (C)(1) to the nearest cent. ADEQ shall post the new amounts on its webpage and install them in the billing software as soon as practicable.

History

• New Section made by final rulemaking at 9 A.A.R. 1770, effective July 14, 2003 (Supp. 03-2). Amended by final rulemaking at 18 A.A.R. 1217, effective July 1, 2012 (Supp. 12-2). Amended by final rulemaking at 31 A.A.R. 348, effective 12/24/2024. Repealed by Emergency Rulemaking at 31 A.A.R. 1897, effective 6/6/2025, exp. 12/3/2025 (Emergency).

Ariz. Admin. Code § R18-13-2104 Solid Waste Landfill Disposal Fee; Exemptions

A. The operator of a solid waste landfill shall pay to the Department the disposal fee required by A.R.S. § 49-836 as follows:

1. $.58 for each six cubic yards of uncompacted solid waste;

2. $.58 for each three cubic yards of compacted solid waste; or

3. $.58 per ton of solid waste.

B. A solid waste landfill that receives only waste generated on site shall compute the fee in subsection (A) of this Section by one of the following methods:

1. By actual volume or weight; or

2. By estimate based on landfill capacity use, volume or number of waste loads or any other reasonable means for approximating the volume or weight of disposed waste.

C. Facilities that generate recycling residue shall pay the disposal fee required by A.R.S. § 49-836 as follows, to an annual maximum of $34,942.20, for on-site disposal:

1. $.29 for the dry weight or volume of the recycling residue generated; or

$.29 for the dewatered weight or volume of the recycling residue generated.

D. A person who for a fee disposes of waste in a solid waste landfill that is not regulated by the Department shall keep accurate records of the waste disposed of in those landfills and shall pay to the Department the disposal fee as prescribed in subsection (A) of this Section.

E. The operator of a local public facility that does not have on-site operators or scales shall pay to the Department a fee that shall be calculated by multiplying the population of the political subdivision served by the local public facility by $.16.

F. A person who is subject to fees under this Section shall sign and submit a form prepared by the Department with each fee payment. The form shall state the total volume or weight of solid waste disposed of at that landfill during the payment period.

G. The following are exempt from the requirements of this Section:

1. Persons disposing of a load containing less than six cubic yards of uncompacted solid waste or three cubic yards of compacted solid waste.

2. A site used solely for the reclamation of land through the introduction of landscaping rubble or inert material.

Material produced in connection with a mining or metallurgical operation.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Article 22 NEW TIRE SELLERS

Ariz. Admin. Code § R18-13-2201 Definitions

A. "Motor vehicle" means any automobile, motorcycle, truck, trailer, semitrailer, truck tractor and semitrailer combination or other vehicle operated on the roads of this state, used to transport persons or property and propelled by power other than muscular power, but motor vehicle does not include traction engines, vehicles that run only on a track, bicycles or mopeds.

B. "Tire seller" means a retail seller of motor vehicle tires or a wholesale seller of motor vehicle tires who sells tires to the state, to a political subdivision of the state, or to a private entity not for resale, and includes a person whose retail sales of new motor vehicle tires are not in the ordinary course of business.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Ariz. Admin. Code § R18-13-2202 New Tire Sellers; Fee

A. Beginning April 1, 2025, a tire seller of new motor vehicle tires shall collect a fee of 2% of the retail sales price, not including transaction privilege tax, of each tire to a maximum of $4.66 per tire. For the sale of a new motor vehicle with a gross weight of under 10,000 pounds by a manufacturer to a wholesaler or retailer, if the sales price of the tires is not specified by the manufacturer, the tire seller shall collect a fee of $2.33 per tire.

B. A seller required to collect a fee under subsection (A) of this Section may credit $.10 per tire against the fee for expenses incurred by the seller for accounting and reporting related to the fee.

C. A seller who collects a fee under subsection (A) of this Section shall remit the fee to the Arizona Department of Revenue for deposit on a quarterly basis in the waste tire fund established pursuant to section A.R.S. § 44-1305.

D. Beginning July 1, 2026, the Director shall adjust the fee amounts in subsection (A) of this Section annually by the following method, except that no adjustment in any year shall exceed four percent of the fee amount of the preceding year:

1. Multiply the amount by the October CPI for the most recent year and then divide by the October CPI for the year 2024. The October CPI for any year is the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items, published by the United States Department of Labor at www.bls.gov/cpi/regional-resources.htm, for October of that year.

2. Round the result from subsection (D)(1) to the nearest cent. ADEQ shall notify the Arizona Department of Revenue of the adjusted fee amounts and post the new amounts on its webpage as soon as practicable.

History

• New Section made by final rulemaking at 31 A.A.R. 348, effective 12/24/2024.

Article 25 EXPIRED

Ariz. Admin. Code § R18-13-2501 Expired

History

• Section adopted by final rulemaking at 5 A.A.R. 4654, effective November 15, 1999 (Supp. 99-4). Section expired under A.R.S. § 41- 1056(J), at 23 A.A.R. 3429, effective October 10, 2017 (Supp. 17-4).

Article 26 EXPIRED

Ariz. Admin. Code § R18-13-2601 Expired

History

• Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

Ariz. Admin. Code § R18-13-2602 Expired

History

• Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

Ariz. Admin. Code § R18-13-2603 Expired

History

• Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

Ariz. Admin. Code § R18-13-2604 Expired

History

• Section made by exempt rulemaking at 14 A.A.R. 4258, effective October 20, 2008 (Supp. 08-4). Section expired under A.R.S. § 41-1056(E) at 16 A.A.R. 705, effective April 6, 2010 (Supp. 10-2).

Article 27 EXPIRED

Ariz. Admin. Code § R18-13-2701 Expired

History

• New Section made by exempt rulemaking at 16 A.A.R. 848, effective July 1, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1503, effective July 1, 2010 (Supp. 10-3). Section expired under A.R.S. § 41- 1056(J) at 22 A.A.R. 2984, effective September 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R18-13-2702 Expired

History

• New Section made by exempt rulemaking at 16 A.A.R. 848, effective July 1, 2010 (Supp. 10-2). Section expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2984, effective September 15, 2016 (Supp. 16-3).

Ariz. Admin. Code § R18-13-2703 Expired

History

• New Section made by exempt rulemaking at 16 A.A.R. 848, effective July 1, 2010 (Supp. 10-2). Section and fee table expired under A.R.S. § 41-1056(J) at 22 A.A.R. 2984, effective September 15, 2016 (Supp. 16-3).

Chapter 14 DEPARTMENT OF ENVIRONMENTAL QUALITY - PERMITS AND COMPLIANCE FEES

Article 1 WATER QUALITY PROTECTION FEES

Ariz. Admin. Code § R18-14-101 Definitions

1. "APP" means an Aquifer Protection Permit.

2. "AWP" means Advanced Water Purification.

2.3. "Complex modification" means:

a. A revision of an individual Aquifer Protection Permit for a facility within a mining sector as defined in A.R.S. § 49-241.02(F)(1); and

b. A revision of an individual Aquifer Protection Permit for a facility within a non-mining sector due to any of the following:

i. An expansion of an existing pollutant management area requiring a new or relocated point of compliance;

ii. A new subsurface disposal including injection or recharge, or new wetlands construction;

iii. Submission of data indicating contamination, or identification of a discharging facility or pollutants not included in previous applications that requires reevaluation of BADCT; or

iv. Closure of a facility that cannot meet the clean closure requirements of A.R.S. § 49-252 and requires post-closure care, monitoring, or remediation.

3.4. "Courtesy review" means a design review service that the Department performs within 30 days from the date of receiving the submittals, of the 60 percent completion specifications, design report, and construction drawings for a sewage collection system.

4.5. "Priority review" means a design review service for an APP Type 4 permit application that the Department completes using not more than 50 percent of the total review time-frame for the applicable Type 4 permit application as specified in 18 A.A.C. 1, Table 10.

5.6. "Request" means a written application, notice, letter, or memorandum submitted by an applicant to the Department for water quality protection services. The Department considers a request made on the date it is received by the Department.

6.7. "Review hours" means the hours or portions of hours that the Department's staff spends on a request for a water quality protection service. 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.

7.8. "Review-related costs" means any of the following costs applicable to a specific request for water quality protection service:

a. Presiding officer services for public hearings on a permitting decision,

b. Court reporter services for public hearings on a permitting decision,

c. Facility rentals for public hearings on a permitting decision,

d. Charges for laboratory analyses performed during the review, and

e. Other reasonable and necessary review-related expenses documented in writing.

8.9. "Standard modification" means an amendment to an individual Aquifer Protection Permit that is not a complex modification.

9.10. "UIC" means Arizona's Underground Injection Control Program.

10.11. "Water quality protection service" means:

a. Reviewing a request for an APP determination of applicability;

b. Pre-application consultation, issuing, renewing, amending, modifying, transferring, or denying an aquifer protection permit, an AWP permit, an AWP demonstration permit, an AZPDES permit, a UIC permit, a UIC application for an aquifer exemption or an injection depth waiver or a reclaimed water permit;

c. Reviewing supplemental information required by a permit condition, including annual reports and closure for an APP;

d. Performing an APP clean closure plan review;

e. Issuing or denying a Certificate of Approval for Sanitary Facilities for a Subdivision;

f. Registering or transferring registration of a dry well;

g. Conducting a site visit;

h. Reviewing proprietary and other reviewed products under A.A.C. R18-9-A309(E);

i. Reviewing, processing, and managing documentation related to an AZPDES general permit, including a notice of intent, notice of termination, certificate of no exposure, and waiver;

j. Registering and reporting land application of biosolids; or

k. Pretreatment program review, inspection, or audit.

l. Reviewing and commenting on AWP permit and demonstration permit materials, including but not limited to, materials submitted to the Department pursuant to A.A.C. R18-9-C814, A.A.C. R18-9-C815, and A.A.C. R18-9-F835.

History

• Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 28 A.A.R. 1811, effective 9/6/2022. Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023. Amended by final rulemaking at 31 A.A.R. 1161, effective 3/4/2025.

Ariz. Admin. Code § R18-14-102 Hourly Rate and Maximum Fees for Water Quality Protection Services

A. The Department shall assess and collect an hourly rate fee for a water quality protection service, except for APP minor permit amendments specified under A.A.C. R18-9-A211(C)(1), (2) and (3) and A.A.C. R18-9-B906(B), unless a flat fee is otherwise designated in this Article, and UIC minor modifications specified under A.A.C. R18-9-C633(A).

B. Hourly rate fees. The Department shall calculate the fee using an hourly rate of $174, adjusted annually under subsection (D), except for the UIC program, where the Department shall calculate the fee using an hourly rate of $145, and the AWP program, where the Department shall calculate the fee using an hourly rate of $223, both adjusted annually under subsection (D). These rates shall then be multiplied by the number of review hours to provide a water quality protection service, plus any applicable review-related costs, up to the maximum fee specified in subsection (C), adjusted annually under subsection (D).

C. Maximum fees for a water quality protection service assessed at an hourly rate in Table 1, adjusted annually under subsection (D).

D. The Director shall adjust the hourly rate and maximum fees listed in subsections (B) and (C) every August 1 to the nearest $10, beginning August 4, 2023, by multiplying the hourly rate or maximum fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 28 A.A.R. 1812, effective 9/6/2022. Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023. Amended by final rulemaking at 31 A.A.R. 1161, effective 3/4/2025.

Ariz. Admin. Code § R18-14-103 Initial Fees

A. A person shall submit the applicable fee at the time a request for a water quality protection service is submitted to the Department.

B. For each water quality protection service subject to an hourly rate fee established under R18-14-102 :

1. An applicant shall submit a $2,000 initial fee at the time a request is submitted to the Department for review.

2. If requested by an applicant, the Department may set a lower initial fee when the Department estimates a review fee that is less than the applicable initial fee.

C. The Department shall not review a request for a water quality protection service if the applicant or permittee has not paid any fee due under this Article, unless the applicant or permittee has an outstanding water quality protection service bill that is under appeal pursuant to R18-14-106 .

History

• Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-104 Annual Fees for Water Quality Protection Services Subject to Hourly Rate Fee

A. Annual Registration Fees. The annual registration fee required under A.R.S. § 49-242 is in Table 2, adjusted annually under subsection (F).

B. The Department shall assess an annual fee for an AZPDES related water quality protection service subject to an hourly rate fee as listed in Table 3, adjusted annually under subsection (F).

C. The Department shall assess an annual fee of $714, adjusted annually under subsection (F) for an individual reclaimed water permit.

D. The Department shall assess an annual fee and an annual waste disposal fee as applicable to UIC regulated facilities, subject to an hourly rate fee, as listed in Tables 3.1 and 3.2, adjusted annually under subsection (F).

E. The Department shall assess an annual fee of $101,250, adjusted annually under subsection (F), for AWP permits and for AWP Demonstration permits.

E.F. The Director shall adjust the annual fees listed in subsections (A), (B), (C), (D), and (E) every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the annual fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 28 A.A.R. 1812, effective 9/6/2022. Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023. Amended by final rulemaking at 31 A.A.R. 1161, effective 3/4/2025.

Ariz. Admin. Code § R18-14-105 Fee Assessment and Collection

A. Billing. The Department shall bill an applicant for water quality protection services subject to an hourly rate no more than monthly, but at least quarterly. The following information shall be included in each bill:

1. The dates of the billing period;

2. The date and number of review hours itemized by employee name, position type and specifically describing:

a. Each water quality protection service performed,

b. Each facility involved and program component, and

c. The hourly rate for each water quality protection service performed;

3. A description and amount of each review-related cost incurred for the project;

4. The total fees due for the billing period, and the date when the fees are due, which shall be at least 35 days after the date on the bill. The total fees paid to date and the maximum fee for the project shall be provided upon request.

B. Final bill. After the Department makes a final determination whether to grant or deny a request for water quality protection services subject to an hourly rate fee, or when an applicant withdraws or closes the request, the Department shall prepare a final itemized bill of its review.

1. If the total fee exceeds the amount of the initial fee plus all invoicing, the Department shall issue a final itemized bill for the cost of the water quality protection services up to the applicable maximum fee established under R18-14-102 .

2. If the total fee is less than the initial fee and all paid invoicing charges, the Department shall refund the difference to the applicant.

3.1. Fees for water quality protection services shall be paid in U.S. dollars by cash, check, cashier's check, money order, or any other method acceptable to the Department.

4.2. The Department shall not release the final permit or approval until the final itemized bill is paid in full.

History

• Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-106 Reconsideration of a Bill; Appeal Process

A. A person may seek review of a bill by filing a written request for reconsideration with the Director.

1. The request shall specify, in detail, why the bill is in dispute and shall include any supporting documentation.

2. 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 print date, whichever is greater.

B. 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.

History

• Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-14-107 Effect on County Fees

Nothing in this Chapter affects the authority of county or other local governments to charge fees for implementing delegated Department water quality protection programs in accordance with statutory authority.

History

• Adopted effective November 15, 1996 (Supp. 96-4). Amended by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1).

Ariz. Admin. Code § R18-14-108 APP Water Quality Protection Services Flat Fees

A. The Department shall assess a flat fee for an APP water quality protection service listed in this Section.

B. Type 1 General Permits. No fee is required, except as stated in A.A.C. R18-9-A304(A)(2).

C. Fees for Type 2 and Type 3 General Permits and related water quality protection services are listed in Table 4, adjusted annually under subsection (E). For purposes of this Section, "complex" is defined in A.A.C. R18-1-501(9) . "Standard" means any permit that does not meet the definition of complex.

Table 4. Type 2 and 3 General Permit Fees

| Permit Description | Permit Fee | Renewal Fee | | --- | --- | --- | | Standard Type 2: 2.01, 2.03, 2.04, 2.05, and 2.06 | $2,141 | $714 | | Complex Type 2: 2.02 | $4,281 | $1,427 | | Standard Type 3: 3.02, 3.03, 3.05, 3.06, and 3.07 | $6,422 | $2,141 | | Complex Type 3: 3.01 and 3.04 | $10,703 | $3,568 | | Amendment to Notice of Intent | Same as applicable renewal fee | N/A | | Transfer of permit authorization | $71 | N/A | | If a site contains more than one facility covered by the same Type 2 or Type 3 General Permit and each facility is substantially similar in design, construction, and operation, the first facility is paid at the full applicable fee, and each additional facility is: | Half the applicable fee | Half the applicable fee |

D. Fees for Type 4 General Permits and related water quality protection services are listed in Table 5, adjusted annually under subsection (E).

Table 5. Type 4 General Permit Fees

| Water Quality Protection Service | Description | Permit Fee | | --- | --- | --- | | 4.01 General Permit: Sewage Collection Systems | Under each Notice of Intent to Discharge, the fee is assessed on a per-component basis for the components listed below and is assessed cumulatively up to the maximum fee: * Maximum fee * Force mains with design flow less than or equal to 10,000 gpd * Each additional increment of 50,000 gpd or less of force mains * Gravity sewer with design flow less than or equal to 10,000 gpd * Each additional increment of 50,000 gpd or less of gravity sewer * Each sewer lift station * Each depressed sewer * Realignment of existing sewer for a contiguous project that is less than 300 linear feet with no change in design flow or pipe size | $35,675 $1,427 $1,427 $1,427 $1,427 $1,427 $1,427 $714 | | 4.01 General Permit courtesy review | If an applicant requests courtesy review, the Department shall approve or deny the request. When determining whether to approve a courtesy review request, the Department shall consider the complexity of the project and the Department's current work load | One-third applicable fee upon submittal, then balance of fee if Notice of Intent to Discharge is submitted with final documentation within 180 days of first submittal | | 4.23 General Permit: 3,000 to less than 24,000 Gallons per day Design Flow | * Onsite wastewater treatment facility with up to: * Three treatment technologies and disposal methods consisting of technologies or designs that are covered under other Type 4 general permits; and * Two onsite wastewater treatment facilities * Maximum fee (cumulative) * Each additional onsite wastewater treatment facility on same Notice of Intent to Discharge up to maximum fee * Each additional treatment technology or disposal method consisting of technologies or designs that are covered under other Type 4 general permits on same Notice of Intent to Discharge up to maximum fee | $5,137 $10,703 $1,712 $714 | | 4.23 General Permit annual report | Annual report required under A.A.C. R18-9-E323(G) | $285 | | Type 4 General Permits (4.02 through 4.22) | * Maximum fee * First Type 4 general permit * Each additional Type 4 general permit on same Notice of Intent to Discharge | $5,280 $1,712 $714 | | Alternative Design under A.A.C. R18-9-A312(G) | A request for an alternative design, installation, or operational feature, per alternative design: * Type 4.01 general permit * All other Type 4 general permits | $1,070 $357 | | Interceptor under A.A.C. R18-9-A315 | A design requiring an interceptor (per interceptor) | $143 | | Transfer | Transfer of discharge authorization | $71 | | Priority Review | If an applicant requests priority review, the Department shall approve or deny the request. When determining whether to approve a priority review request, the Department shall consider the complexity of the project and the Department's current work load. | Double the Applicable Fee (including any applicable maximum fee) |

E. The Director shall adjust the APP water quality protection services flat fees listed in subsections (C) and (D) every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the APP water quality protection services flat fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• Adopted effective November 15, 1996 (Supp. 96-4). Section repealed by final rulemaking at 7 A.A.R. 564, effective January 2, 2001 (Supp. 01-1). New Section made by exempt rulemaking at 16 A.A.R. 851, effective July 1, 2010 (Supp. 10-2). Amended by exempt rulemaking at 16 A.A.R. 1505, effective July 1, 2010 (Supp. 10-3). Amended by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-109 AZPDES Water Quality Protection Services Flat Fees

A. The Department shall assess a flat fee for an AZPDES water quality protection service, as described in Table 6, adjusted annually under subsection (D).

B. In addition to the requirements in A.A.C. R18-9-A907(B), a draft permit will state the category and fee assigned to the permit and the factors for establishing the fee, according to Table 6. Any person may comment on the fee category assignment as part of the public comment period described in A.A.C. R18-9-A908.

C. Annual Fee. The Department shall bill an annual fee, as described in Table 6, adjusted annually under subsection (D), to permittees who have not filed a notice of termination for an applicable general permit.

Table 6. AZPDES Water Quality Protection Services Flat Fees

| Category | Factors for Establishing Fees | Initial Fee | Annual Fee | | --- | --- | --- | --- | | Municipal Separate Storm Sewer System General Permit | The fee is based on the population of the permitted area: * Less than or equal to 10,000 * Greater than 10,000 but less than or equal to 100,000 * Greater than 100,000 The fee for a non-traditional municipal separate storm sewer system, such as a hospital, college or military facility | $3,568 $7,135 $10,703 $5,000 $7,135 | $3,568 $7,135 $10,703 $7,135 | | Construction General Permit | The fee is based on the amount of acreage identified in the Notice of Intent: * Less than or equal to 1 acre * Greater than 1 acre but less than or equal to 50 acres * Greater than 50 acres Pollution prevention plan review * Each additional submittal due to deficiency Waiver If more than one person must apply for general permit coverage of the same facility or discharge activity, each person pays: | $357 $499 $714 $1,427 $714 $1,070 Fee applicable to the amount of acreage each person controls | $357 $499 $714 N/A N/A N/A Fee applicable to the amount of acreage each person controls | | Multi-Sector General Permit | The fee is based on the amount of acreage identified in the Notice of Intent: * Less than or equal to 1 acre * Greater than 1 acre but less than or equal to 40 acres * Greater than 40 acres Pollution prevention plan review * Each additional submittal due to deficiency Certificate of No Exposure If more than one person must apply for general permit coverage of the same facility or discharge activity, each person pays: | $499 $714 $1,427 $1,427 $714 $1,784 Fee applicable to the amount of acreage each person controls | $499 $714 $1,427 N/A N/A N/A Fee applicable to the amount of acreage each person controls | | General Permits for Non-Stormwater Discharges | The fee is based on the Department's total anticipated staff hours (including permit development, customer service, review of the notice of intent, and annual data review and inspections) divided by the total number of potential permittees over a five-year period: * Level 1A * Staff hours: 1,500 * Number of potential permittees: 750 * Level 1B * Staff hours: 1,500 * Number of potential permittees: 375 * Level 2 * Staff hours: 1,000 * Number of potential permittees: 100 * Level 3 * Staff hours: 1,300 * Number of potential permittees: 100 * Level 4A * Staff hours: 1,600 * Number of potential permittees: 100 * Level 4B * Staff hours: 1,900 * Number of potential permittees: 100 Pollution prevention plan review * Each additional submittal due to deficiency | $357 $714 $1,784 $2,141 $2,854 $3,568 $1,427 $714 | $357 $714 $1,784 $2,141 $2,854 $3,568 N/A N/A | | Emergency Discharge General Permit | Authorization for emergency discharge | $14,270 | N/A | | Transfer | Authorization for permit transfer as allowed under A.A.C. R18-9-B905 | $71 | N/A | | Biosolids Land Applicators | Initial registration Registration amendment Annual report based on amount of dry metric tons applied * Less than or equal to 7,500 dry metric tons * Greater than 7,500 dry metric tons but less than or equal to 15,000 dry metric tons * Greater than 15,000 dry metric tons | $714 $357 N/A N/A N/A | N/A N/A $3,568 $4,281 $6,422 |

D. The Director shall adjust the AZPDES water quality protection services flat fees listed in subsections (C) and (D) every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the AZPDES water quality protection services flat fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-110 Reclaimed Water Flat Fees

A. The Department shall assess a flat fee for a reclaimed water quality protection service as listed in Table 7, adjusted annually under subsection (B). For purposes of this Section, "complex" is defined in A.A.C. R18-1-501(9) . "Standard" means any permit that does not meet the definition of complex.

Table 7. Reclaimed Water General Permit Fees

| Permit Description | Permit Fee | Renewal Fee | | --- | --- | --- | | Standard Type 2: Class A, A+, B, and B+ | $856 | $642 | | Complex Type 2: Class C | $1,070 | $821 | | Standard Type 3: Reclaimed Water Agent, Reclaimed Water Blending Facility | $2,141 | $1,784 | | Complex Type 3: Gray Water | $2,854 | $2,141 | | Amendment to Notice of Intent | Same as applicable renewal fee | N/A | | Transfer of permit authorization | $71 | N/A |

B. The Director shall adjust the reclaimed water quality protection services flat fees listed in subsections (A) every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the reclaimed water quality protection services flat fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-111 UIC Flat Fees

A. The Department shall assess a flat fee for the following UIC regulated facility services, adjusted annually under subsection (B):

1. Well installation in an Area Permit, $200 per well installation.

2. Class V authorization by rule, $200 per well inventory.

3. Class V authorization by rule, $100 per well transfer.

B. The Director shall adjust the UIC regulated facility services flat fees listed in subsections (A) every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the UIC regulated facility services flat fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Amended by final rulemaking at 28 A.A.R. 1812, effective 9/6/2022. Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-112 Other Flat Fees

Flat fees. The Department shall assess a flat fee for the following water quality protection services:

1. Dry well registration, $100 per dry well until:

a. The fees in R18-14-111 are applicable, and

b. A.R.S Title 49, Chapter 2, Article 8 is removed.

2. Dry well transfer of registration, $50 per transfer:

a. The fees in R18-14-11 are applicable, and

b. A.R.S Title 49, Chapter 2, Article 8 is removed.

3.1. Certificate of Approval for Sanitary Facilities for Subdivisions.

a. Subdivision with public sewerage system: $1,142, adjusted annually under subsection (2), for every increment of 150 lots or less;

b. Subdivision with individual sewerage system:

i. $714, adjusted annually under subsection (2), for less than 10 lots;

ii. $1,427, adjusted annually under subsection (2), for greater than 10 lots but less than 50 lots;

iii. $1,427, adjusted annually under subsection (2), for each additional increment of 50 lots or less.

c. If water from a central system is not provided to the lot, the fee is one and one-half the applicable fee stated in subsection (3)(a) or (b).

d. Condominium subdivision: $1,427, adjusted annually under subsection (2), for every increment of 150 units or less.

2. The Director shall adjust the water quality protection services flat fees listed in subsections (1) every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the water quality protection services flat fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Renumbered and amended from R18-14-111 by final rulemaking at 28 A.A.R. 1812, effective 9/6/2022. Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-113 Implementation

The fees in this Article apply on July 1, 2011. For fees related to the AZPDES program:

1. A person shall submit the applicable fee when requesting a water quality protection service as specified in an AZPDES General Permit or in 18 A.A.C. 9, Article 9; and

2. A person is responsible for paying the annual fee for an AZPDES general permit, even if the person filed for coverage before the effective date of these rules.

History

• New Section made by final rulemaking at 17 A.A.R. 568, effective July 1, 2011 (Supp. 11-2). Renumbered and amended from R18-14-112 by final rulemaking at 28 A.A.R. 1812, effective 9/6/2022.

Ariz. Admin. Code § R18-14-114 Annual Report

By December 1 of each year, the Department shall publish an accounting of Water Quality Fee Fund revenue and expenditure activity for the prior fiscal year.

History

• New Section Renumbered from R18-14-113 by final rulemaking at 28 A.A.R. 1812, effective 9/6/2022.

Ariz. Admin. Code § R18-14-115 UIC Fees Review

The department shall review the revenues derived from the implementation of the UIC program from the date of primacy through June 30, 2025. By September 30, 2025, the department shall determine the adequacy of the fees in comparison to the relevant data from the time period. The department shall repeat the review every three years based on the initial review date of June 30, 2025.

History

• New Section made by final rulemaking at 28 A.A.R. 1812, effective 9/6/2022.

Article 2 PUBLIC WATER SYSTEM DESIGN REVIEW FEES

Ariz. Admin. Code § R18-14-201 Definitions

In addition to the definitions in A.A.C. R18-1-501, and 18 A.A.C. 4, the following terms apply to this Article:

"Design review" means the process for reviewing an application for an Approval to Construct as prescribed in A.A.C. R18-5-505(B).

"Design review service" means all activities related to processing an application for an Approval to Construct, including reviewing, approving, or denying an application, conducting a pre-application meeting or site visit, or other activity required to review an Approval to Construct application.

"Distribution system" has the same meaning prescribed in A.A.C. R18-5-101.

"Priority Review" means a design review service where a license application is reviewed using not more than 50% of the total review time-frame for an Approval to Construct license application.

"Public water system" has the same meaning prescribed in A.R.S. § 49-352(B).

"Licensing time-frame" means a period of time described and defined in A.R.S. Title 41, Chapter 6, Article 7.1, and 18 A.A.C. 1, Article 5.

"Water treatment plant" has the same meaning prescribed in A.A.C. R18-5-101.

History

• Section made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4).

Ariz. Admin. Code § R18-14-202 Flat Rate Fees

A. The Department shall assess and collect a flat rate fee for design review services for public water systems.

B. Design criteria for public water systems are specified in 18 A.A.C. 4 and 18 A.A.C. 5.

C. An applicant shall submit public water system design review fees with an application for an Approval to Construct, as specified in 18 A.A.C. 5, Article 5.

D. The flat rate fees for a design review service:

1. Are established in Table 1, adjusted annually under subsection (I), are assessed on a per-unit basis where applicable, and are cumulative unless otherwise specified in this Article;

2. Shall be paid by cash, check, cashier's check, money order, or any other method acceptable to the Department; and

3. Shall be paid in full before the Department issues approval of an application.

E. The Department shall refund 50 percent of the application fee paid by an applicant if, during the administrative completeness review time-frame period, the applicant:

1. Fails to respond in a reasonably timely manner, as set forth in A.A.C. R18-1-507, to a notice of administrative deficiencies requesting additional information under A.A.C. R18-1-503, and the Department denies the application; or

Withdraws the application.

F. If an application is denied under A.A.C. R18-1-507 after the end of the administrative completeness review time-frame, the Department shall retain the flat fee paid by the applicant.

G. If an applicant requests priority review, the Department shall approve or deny the request. When determining whether to approve a priority review request, the Department shall consider the complexity of the project and the Department's current work load. If priority review is approved by the Department, the applicant shall pay the priority review fee specified in Table 1, adjusted annually under subsection (I).

H. State agencies are exempt from all fees imposed under this Article pursuant to A.R.S. § 49-353(A)(2)(b).

I. The Director shall adjust the design review services fees listed in Table 1 every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the design review services fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• Section made by final rulemaking at 14 A.A.R. 4102, effective December 6, 2008 (Supp. 08-4). Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Article 3 CERTIFIED OPERATOR FEES

Ariz. Admin. Code § R18-14-301 Certified Operator Fees

A. Definition terms from A.A.C. R18-5-101 apply to this Article.

B. The Department shall assess and collect a flat rate fee for a certification or renewal under the operator certification program.

C. A person shall submit the applicable fee when requesting a certification or renewal under 18 A.A.C. 5, Article 1, as described below:

1. An applicant that seeks new certification shall submit a $87 fee, adjusted annually under subsection (D), per certification.

2. An operator that has not held a lower grade level for the required amount of time requests the Department's determination on experience and education in order to be admitted to a higher grade certification examination shall submit a fee of $201, adjusted annually under subsection (D), per application.

3. An applicant that requests a certificate based on reciprocity with another jurisdiction shall submit a fee of $334, adjusted annually under subsection (D), per application.

4. An operator submitting a certificate renewal shall submit a $201, adjusted annually under subsection (D), fee for each certificate. If the operator has multiple certificates, the first certificate is $201, adjusted annually under subsection (D), and each additional certificate with the same expiration date is $67, adjusted annually under subsection (D).

D. The Director shall adjust the certification or renewal fees listed in subsection (C) every August 1, to the nearest $10, beginning August 4, 2023, by multiplying the certification or renewal fee by the Consumer Price Index (CPI) for the most recent year, and then dividing by the CPI for the year 2023. The CPI for any year is the average of the Consumer Price Index for All Urban Consumers, Phoenix-Mesa-Scottsdale, AZ, all items published by the United States Department of Labor, as of the close of the 12-month period ending on June 30 of that year.

History

• Adopted by final rulemaking at 21 A.A.R. 2597, effective 7/1/2016. Amended by final rulemaking at 29 A.A.R. 1869, effective 8/4/2023.

Ariz. Admin. Code § R18-14-302 Fee Assessment and Collection

A. Fees for certification or renewal shall be paid in U.S. dollars by cash, check, cashier's check, money order, or any other method acceptable to the Department.

B. The Department shall not accept a request for a certification or renewal without the appropriate fee.

C. If the Department does not accept an operator certificate renewal form, required according to A.A.C. R18-5-107(B), the certificate expires for failure to renew according to A.A.C. R18-5-108.

History

• Adopted by final rulemaking at 21 A.A.R. 2597, effective 7/1/2016.

Ariz. Admin. Code § R18-14-303 Implementation

The fees in this Article apply to any application for a certification or renewal that is submitted on or after July 1, 2016.

History

• Adopted by final rulemaking at 21 A.A.R. 2597, effective 7/1/2016.

Chapter 15 WATER INFRASTRUCTURE FINANCE AUTHORITY OF ARIZONA

Article 1 GENERAL PROVISIONS

Ariz. Admin. Code § R18-15-101 Definitions

In addition to the definitions prescribed in A.R.S. § 49-1201, the terms of this Chapter, unless otherwise specified, have the following meanings:

"ADEQ" means the Arizona Department of Environmental Quality.

"Applicant" means an entity that is seeking financial or technical assistance from the Authority under the provisions of this Chapter.

"Application" means a request for financial or technical assistance submitted to the Authority by an applicant.

"Authority" means the Water Infrastructure Finance Authority of Arizona pursuant to A.R.S. § 49-1201(1).

"Board" has the same meaning as prescribed in A.R.S. § 49-1201(2).

"Certified Water Quality Management Plan" means a plan prepared by a designated Water Quality Management Planning Agency under Section 208 of the Federal Water Pollution Control Act (P.L. 92-500) as amended by the Water Quality Act of 1987 (P.L. 1004), certified by the Governor or the Governor's designee, and approved by the United States Environmental Protection Agency.

"Clean Water Revolving Fund" means the fund established by A.R.S. § 49-1221.

"DBE" means EPA's Disadvantaged Business Enterprise Program.

"Director" means the director of the Water Infrastructure Finance Authority of Arizona.

"Disbursement" means the transfer of cash from a fund to a recipient.

"Discharge" has same meaning as prescribed in A.R.S. § 49-201(12).

"Drinking water facility" has same meaning as prescribed in A.R.S. § 49-1201(6).

"Drinking Water Revolving Fund" means the fund established by A.R.S. § 49-1241.

"EA" means an environmental assessment.

"EID" means an environmental information document.

"EIS" means an environmental impact statement.

"EPA" means the United States Environmental Protection Agency.

"Federal capitalization grant" means the assistance agreement by which the EPA obligates and awards funds allotted to the Authority for purposes of capitalizing the Clean Water Revolving Fund and the Drinking Water Revolving Fund.

"Financial assistance" means the use of monies for any of the purposes identified in R18-15-102(B).

"Financial assistance agreement" means any agreement that defines the terms for financial assistance provided according to this Chapter.

"FONSI" means a finding of no significant impact, it is a public decision document that briefly describes why the project will not have any significant environmental effects.

"Fundable range" means a subset of a Project Priority List that demarcates the ranked projects which have been determined to be ready to proceed.

"Impaired water" means a navigable water for which credible scientific data exists that satisfies the requirements of A.R.S. § 49-232 and that demonstrates that the water should be identified pursuant to 33 U.S.C. 1313(d) and the regulations implementing that statute.

"Intended Use Plan" means the document prepared by the Authority identifying the intended uses of Clean Water Revolving Fund and Drinking Water Revolving Fund federal capitalization grants according to R18-15-202 and R18-15-302, and the intended uses of funds for technical assistance according to R18-15-502.

"Long-Term Water Augmentation Committee" means the committee established by A.R.S. § 49-1208(B).

"Master priority list" means the master priority list for Capacity Development developed by the Arizona Department of Environmental Quality under A.A.C. R18-4-803, which ranks public water systems according to their need for technical assistance.

"Onsite system" means a conventional septic tank system or alternative system that is installed at a site to treat and dispose of wastewater of predominantly human origin that is generated at that site.

"Planning and design assistance" means technical assistance that provides for the use of monies for a specific water facility wastewater treatment facility, or water supply delivery system for planning or design to facilitate the design, construction, acquisition, improvement, or consolidation of a drinking water project, wastewater project, or water supply development project.

"Planning and design assistance agreement" means any agreement that defines the terms for technical assistance provided according to Article 5 of this Chapter.

"Planning and design technical assistance applicant" means a governmental unit, a nonpoint source project sponsor, a drinking water facility, or a water provider that is seeking planning and design assistance from the Authority under the provisions of this Chapter.

"Planning and design technical assistance application" means a request for planning and design assistance submitted to the Board by an applicant in a format prescribed by the Authority.

"Planning and design loan repayment agreement" means the same as technical assistance loan repayment agreement and has the meaning at A.R.S. § 49-1201(11)

"Professional assistance" means the use of monies by or on behalf of the Authority to conduct research, conduct studies, conduct surveys, develop guidance, and perform related activities that benefit more than one water or wastewater treatment facility.

"Project" means any distinguishable segment or segments of a wastewater treatment facility, drinking water facility, water supply delivery system, stormwater system, or nonpoint source pollution control and for which financial or technical assistance is being requested or provided.

"Project Priority List" means the document developed by the Authority according to R18-15-203 R18-15-303; or R-18-402 that ranks projects according to R18-15-204; R18-15-304; or R-18-15-403.

"Recipient" means an applicant who has entered into a financial assistance agreement or planning and design assistance agreement with the Authority.

"ROD" means a record of decision, it is the conclusion of the EIS process.

"Staff assistance" means the use of monies for a specific water or wastewater treatment facility to assist that system to improve its operations or assist a specific water provider with a water supply delivery system. For water providers, staff assistance is limited to planning and design of water supply development projects according to A.R.S. § 49-1203(B)(17).

"Technical assistance" means assistance provided by the Authority in the form of staff assistance, professional assistance and planning and design assistance.

"Wastewater treatment facility" has the same meaning as prescribed in A.R.S. § 49-1201(19).

"Water Conservation Grant Committee" means the committee established by A.R.S. § 49-1335.

"Water provider" has the same meaning as prescribed in A.R.S. § 49-1201(20).

"Water supply development" has the same meaning as prescribed in A.R.S. § 49-1201(22).

"Water Supply Development Revolving Fund" means the fund established by A.R.S. § 49-1271.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-102 Types of Assistance Available

A. The Authority may provide financial and technical assistance under the following programs if the Board determines funding is available:

1. Clean Water Revolving Fund and Clean Water Technical Assistance;

2. Drinking Water Revolving Fund and Drinking Water Technical Assistance;

3. Water Supply Development Revolving Fund;

4. Hardship Grant Fund;

5. Long-Term Water Augmentation Fund; and

6. Water Conservation Grant Fund.

B. Financial assistance available from the Authority includes any of the following:

Financial assistance loan repayment agreements;

2. The purchase or refinance of local debt obligations;

3. The guarantee or purchase of insurance for local obligations to improve credit market access or reduce interest rates;

Short-term emergency loan agreements in accordance with A.R.S. § 49-1269; and

5. Providing linked deposit guarantees through third-party lenders as authorized by A.R.S. §§ 49-1223(A)(6), 49-1243(A)(6), and 49-1273(A)(6).

C. Technical assistance available from the Authority includes planning and design assistance, staff assistance, and professional assistance. Technical assistance may be offered at the Board's discretion.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Former R18-15-102 renumbered to R18-15-103; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-103 Application Process

A. An applicant requesting assistance shall apply to the Authority for the financial or technical assistance described in R18-15-102 on forms provided by the Authority.

B. An applicant seeking financial assistance through the Clean Water Revolving Fund shall apply for financial assistance according to Articles 1 and 2 of this Chapter.

C. An applicant seeking financial assistance through the Drinking Water Revolving Fund shall apply for financial assistance according to Articles 1 and 3 of this Chapter.

D. An applicant seeking financial assistance through the Water Supply Development Revolving Fund Program shall apply for financial assistance according to Articles 1 and 4 of this Chapter.

E. An applicant seeking technical assistance available through the technical assistance programs shall apply for technical assistance according to Articles 1 and 5 of this Chapter.

F. An applicant seeking financial assistance through the Long-Term Water Augmentation Fund shall apply for financial assistance according to Articles 1 and 9.

G. An applicant seeking a grant through the Water Conservation Grant Fund shall apply for financial assistance according to Articles 1 and 10.

F. H. An applicant shall mark any confidential information with the words "confidential information" on each page of the material containing such information. A claim of confidential information may be asserted for a trade secret or information that, upon disclosure, would harm a person's competitive advantage. The Authority shall not disclose any information determined confidential. Upon receipt of a claim of confidential information, the Authority shall make one of the following written determinations:

1. The designated information is confidential and the Authority shall not disclose the information except to those individuals deemed by the Authority to have a legitimate interest.

2. The designated information is not confidential.

3. Additional information is required before a final confidentiality determination can be made.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed; new R18-15-103 renumbered from R18-15-102 and amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-104 General Financial Assistance Application Requirements

A. The applicant shall provide in the financial assistance application the information in subsections (B), (C), (D), and (E).

B. The applicant shall demonstrate the applicant is legally authorized to apply for long-term indebtedness, and is legally authorized to declare its intent to obligate a dedicated revenue source for repayment under subsection (C).

1. If the applicant is a political subdivision and the long-term indebtedness is authorized through an election, the applicant shall provide all of the following:

a. One copy of the sample election ballot and election pamphlet, if applicable;

b. One copy of the governing body resolution calling for the election; and

c. Official evidence of the election results following the election.

2. If the applicant is a political subdivision and the long-term indebtedness is not required by law to be authorized through an election, the applicant shall provide one copy of the approved governing body resolution authorizing the application for long-term indebtedness and an identification of the dedicated revenue source.

3. If the applicant is a political subdivision and the long-term indebtedness is authorized through a special taxing district creation process, the applicant shall provide one copy of the final documentation, notices, petitions, and related information authorizing the long-term indebtedness.

4. If the applicant is regulated by the Arizona Corporation Commission, the applicant shall provide evidence that the Arizona Corporation Commission authorized the financing decision.

5. All other applicants shall demonstrate that a majority of the beneficiaries consent to apply to the Authority for financial assistance. The Authority shall assist each applicant to devise a process by which this consent is documented.

C. The applicant shall identify a dedicated revenue source for repayment of the financial assistance and demonstrate that the dedicated revenue source is sufficient to repay the financial assistance.

1. The applicant shall provide the following information:

a. Amount of the financial assistance requested;

b. One copy of each financial statement, audit, or comprehensive financial statement from at least the previous five financial operating years (fiscal or calendar);

c. One copy of each budget, business plan, management plan, or financial plan from the current financial operating years (fiscal or calendar);

d. One copy of the proposed budget, business plan, management plan, or financial plan for the next financial operating year (fiscal or calendar);

e. Documentation of current rates and fees for drinking or wastewater services including, as applicable, any resolutions related to rates and fees passed by the governing body of a political subdivision; and

f. Copies of documentation relating to outstanding indebtedness pledged to the dedicated source for repayment, including official statements, financial assistance agreements, and amortization schedules.

2. If any of the required information listed in subsection (C)(1) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's financial capability.

3. The Authority may ask for additional financial information as necessary to evaluate the applicant's financial capability.

D. The applicant shall demonstrate the applicant is technically capable to construct, operate, and maintain the proposed project.

1. The applicant shall provide the following information:

a. An estimate of the project costs in as much detail as possible, including an estimate of applicable planning, design, construction, and material costs;

b. The number of connections to be served by the proposed project;

c. The most recent version of the applicant's capital improvement plan or other plan explaining proposed infrastructure investments;

d. One copy of each feasibility study, engineering report, design memorandum, set of plans and specifications, and other technical documentation related to the proposed project and determined applicable by the Authority for the stage of project completion;

e. Biographies or related information of the certified operators, system employees, or contractors employed by the applicant to operate and maintain the existing facilities and the proposed project;

f. A description of the service area, including maps and system schematics; and

g. A description of the existing physical facilities.

2. The Authority may ask for additional information as necessary to evaluate the applicant's technical capability. If any of the required information listed in subsection (D)(1) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's technical capability.

E. The applicant shall demonstrate the applicant is capable of managing the system and the proposed project.

1. The applicant shall provide the following information:

a. Years of experience and related information regarding the owners, managers, chief elected officials, and governing body members of the applicant; and

b. A list of professional and outside services retained by the applicant.

2. If any of the required information listed in subsection (E)(1) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's managerial capability.

3. The Authority may ask for additional information as necessary to evaluate the applicant's managerial capability.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-105 General Financial Assistance Conditions

A. The Authority shall not execute a financial assistance agreement with an applicant until the applicant provides all documentation specified by the Authority.

B. The documentation required prior to execution of the financial assistance agreement shall at a minimum include:

1. If there is a governing body, one copy of the governing body resolution approving the execution of the financial assistance agreement;

2. A project budget;

3. An estimated disbursement schedule; and

4. A legal opinion of the local borrower's counsel concurrent with closing date of the financial assistance agreement.

C. The financial assistance agreement between the recipient and the Authority shall at a minimum specify:

1. Rates of interest, fees, and any costs as determined by the Authority;

Project details;

3. The maximum amount of principal and interest due on any payment date;

4. Debt service coverage requirements;

5. Reporting requirements;

6. Debt service reserve fund and repair and replacement reserve fund requirements;

7. The dedicated source for repayment and pledge;

8. The requirement that the recipient comply with applicable federal, state and local laws;

9. A schedule for repayment; and

10. Any other agreed-upon conditions.

D. The Authority may require a recipient to pay a proportionate share of the expenses of the Authority's operating costs.

E. The recipient shall maintain the project account in accordance with generally accepted government accounting standards. After reasonable notice by the Authority, the recipient shall make available any project records reasonably required to determine compliance with the provisions of this Chapter and the financial assistance agreement. For purposes of this section, "project account" means the account in which the financial assistance is held or maintained.

F. The Authority shall release loan proceeds subject to a disbursement request if the request is consistent with the financial assistance agreement.

1. The applicant shall submit each disbursement request on the forms provided by the Authority. Each disbursement request shall include a certification and signature document, a cost-incurred report, and a DBE report. The Authority shall not process a disbursement until the applicant provides a completed disbursement form.

2. The applicant shall include copies of invoices, or other documents that show proof of eligible costs incurred with each disbursement request.

G. The recipient shall make repayments according to an agreed-upon schedule in the financial assistance agreement. The Authority may charge a late fee for any loan repayment not paid when due. The Authority may refer any loan repayment past due to the Office of the Attorney General for appropriate action.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-106 Environmental Review

A. The Authority shall conduct an environmental review according to this Section for impacts of the design or construction of water infrastructure. As part of the application process, the Authority shall request information from the applicant to conduct an environmental review consistent with 40 CFR 35.3140 and 40 CFR 35.3580. The Authority shall determine whether the project meets the criteria for categorical exclusion under subsections (B) and (C), or whether the project requires the preparation of an environmental assessment (EA) or an environmental impact statement (EIS) to identify and evaluate its environmental impacts.

1. The Authority shall not execute a technical or financial assistance agreement with an applicant until the requirements of this section are met. For projects that include an environmental information document or an environmental impact statement, the Authority may execute a technical or financial assistance agreement with an applicant prior to the completion of the conditions of this section, provided that the applicant meets the requirements of this section before proceeding with the design of the selected alternative.

2. Projects under the Water Supply Development Revolving Fund Program are not subject to the requirements of this section.

B. A project may be categorically excluded from environmental review if the project fits within a category that is eligible for exclusion and the project does not involve any of the extraordinary circumstances listed in subsection (C). If, based on the application and other information submitted by the applicant, the Authority determines that a categorical exclusion from an environmental review is warranted, the project is exempt from the requirements of this Section, except for the public notice and participation requirements in subsection (J). The Authority may issue a categorical exclusion if information and documents demonstrate that the project qualifies under one or more of the following categories:

1. Any project relating to existing infrastructure systems that involves minor upgrading, minor expansion of system capacity, rehabilitation (including functional replacement) of the existing system and system components, or construction of new minor ancillary facilities adjacent to or on the same property as existing facilities. This category does not include projects that:

a. Involve new or relocated discharges to surface water or groundwater,

b. Will likely result in the substantial increase in the volume or the loading of pollutant to the receiving water,

c. Will provide capacity to serve a population 30% greater than the existing population,

d. Are not supported by the state or other regional growth plan or strategy, or

e. Directly or indirectly involve or relate to upgrading or extending infrastructure systems primarily for the purposes of future development.

Any clean water project in unsewered communities involving the replacement of existing onsite systems, providing the new onsite systems do not result in substantial increases in the volume of discharge or the loadings of pollutants from existing sources, or relocate an existing discharge.

C. The Authority shall deny a categorical exclusion if any of the following extraordinary circumstances apply to the project:

1. The project is known or expected to have potentially significant adverse environmental impacts on the quality of the human environment either individually or cumulatively over time.

2. The project is known or expected to have disproportionately high and adverse human health or environmental effects on any community, including minority communities, low-income communities, or federally-recognized Indian tribal communities.

3. The project is known or expected to significantly affect federally listed threatened or endangered species or their critical habitat.

4. The project is known or expected to significantly affect national natural landmarks or any property with nationally significant historic, architectural, prehistoric, archaeological, or cultural value, including but not limited to, property listed on or eligible for the Arizona or National Registers of Historic Places.

5. The project is known or expected to significantly affect environmentally important natural resource areas such as wetlands, floodplains, significant agricultural lands, aquifer recharge zones, wild and scenic rivers, and significant fish or wildlife habitat.

6. The project is known or expected to cause significant adverse air quality effects.

7. The project is known or expected to have a significant effect on the pattern and type of land use or growth and distribution of population, including altering the character of existing residential areas, or may not be consistent with state or local government, or federally-recognized Indian tribe approved land use or federal land management plans.

8. The project is known or expected to cause significant public controversy about a potential environmental impact of the proposed action.

9. The project is known or expected to be associated with providing financial assistance to a federal agency through an interagency agreement for a project that is known or expected to have potentially significant environmental impacts.

10. The project is known or expected to conflict with federal, state, or local government, or federally-recognized Indian tribe environmental, resource-protection, or land-use laws or regulations.

D. If the Authority denies the categorical exclusion under subsection (C), the Authority shall conduct an EA according to subsection (E), unless the Authority decides to prepare an EIS according to subsections (F) and (G) without first undertaking an EA. If the Authority conducts an EA, the applicant shall:

1. Prepare an environmental information document (EID) in a format prescribed by the Authority. The EID shall be of sufficient scope to undertake an environmental review and to allow development of an EA under subsection (E); or

2. Provide documentation, upon Authority approval, in another format if the documentation is of sufficient scope to allow the development of an EA under subsection (E).

E. The Authority shall conduct the EA that includes:

1. A brief discussion of:

a. The need for the project;

b. The alternatives, including a no action alternative;

c. The affected environment, including baseline conditions that may be impacted by the project and alternatives;

d. The environmental impacts of the project and alternatives, including any unresolved conflicts concerning alternative uses of available resources; and

e. Other applicable environmental laws.

2. A listing or summary of any coordination or consultation undertaken with any federal agency, state or local government, or federally-recognized Indian tribe regarding compliance with applicable laws and executive orders;

3. Identification and description of any mitigation measures considered, including any mitigation measures that must be adopted to ensure the project will not have significant impacts; and

4. Incorporation of documents by reference, if appropriate, including the EID.

F. Upon completion of the EA required by subsection (E), the Authority shall determine whether an environmental impact statement (EIS) is necessary.

1. The Authority shall prepare or direct the applicant to prepare an EIS in the manner prescribed in subsection (G) if any of the following conditions exist.

a. The project would result in a discharge of treated effluent from a new or modified existing facility into a body of water and the discharge is likely to have a significant effect on the quality of the receiving water.

b. The project is likely to directly, or through induced development, have significant adverse effect upon local ambient air quality or local ambient noise levels.

c. The project is likely to have significant adverse effects on surface water reservoirs or navigation projects.

d. The project would be inconsistent with state or local government, or federally-recognized Indian tribe approved land use plans or regulations, or federal land management plans.

e. The project would be inconsistent with state or local government, or federally-recognized Indian tribe environmental, resource-protection, or land-use laws and regulations for the protection of the environment.

f. The project is likely to significantly affect the environment through the release of radioactive, hazardous, or toxic substances, or biota.

g. The project involves uncertain environmental effects or highly unique environmental risks that are likely to be significant.

h. The project is likely to significantly affect national natural landmarks or any property on or eligible for the Arizona or National Registers of Historic Places.

i. The project is likely to significantly affect environmentally important natural resources such as wetlands, significant agricultural lands, aquifer recharge zones, wild and scenic rivers, and significant fish or wildlife habitat.

j. The project in conjunction with related federal, state, or local government, or federally-recognized Indian tribe projects is likely to produce significant cumulative impacts.

k. The project is likely to significantly affect the pattern and type of land use or growth and distribution of population, including altering the character of existing residential areas.

l. The project is a new regional wastewater treatment facility or water supply system for a community with a population greater than 100,000.

m. The project is an expansion of an existing wastewater treatment facility that will increase existing discharge to an impaired water by more than 10 million gallons per day (mgd).

2. The Authority may issue a finding of no significant impact (FONSI) if the EA supports the finding that the project will not have a significant impact on the environment. The FONSI shall include the submitted EA and a brief description of the project, alternatives considered, and project impacts. The FONSI must also include any commitments to mitigation that are essential to render the impacts of the project not significant. The Authority shall issue the FONSI for public comment in accordance with subsection (J).

G. The Authority shall prepare or direct the applicant to prepare an EIS required by subsection (F)(1) when the project will significantly impact the environment, including any project for which the EA analysis demonstrates that significant impacts will occur and not be reduced or eliminated by changes to, or mitigation of, the project. The Authority shall perform the following actions:

1. As soon as practicable after its decision to prepare an EIS and before the scoping process, the Authority shall prepare a notice of intent. The notice of intent shall briefly describe the project and possible alternatives and the proposed scoping process. The Authority shall distribute the notice of intent to affected federal, state, and local agencies, any affected Indian tribe, the applicant, and other interested parties. The Authority shall issue the notice of intent for public comment in accordance with subsection (J)(3).

2. As soon as possible after the distribution and publication of the notice of intent required by subsection (G)(1), the Authority shall convene a meeting of affected federal, state, and local agencies, affected Indian tribes, the applicant, and other interested parties.

At the meeting, the parties attending the meeting shall determine the scope of the EIS by considering a number of factors, including all of the following:

a. The significant issues to be analyzed in depth in the EIS,

b. The preliminary range of alternatives to be considered,

c. The potential cooperating agencies and information or analyses that may be needed from cooperating agencies or other parties, and

d. The method for EIS preparation and the public participation strategy.

3. Upon completion of the process described in subsection (G)(2), the Authority shall identify and evaluate all potentially viable alternatives to adequately address the range of issues identified. Additional issues also may be addressed, or others eliminated, and the reasons documented as part of the EIS.

After the analysis of issues is conducted according to subsection (G)(3), the Authority shall issue a draft EIS for public comment according to subsection (J)(4).

5. Following public comment according to subsection (J), the Authority shall prepare a final EIS, consisting of all of the following:

a. The draft EIS;

b. An analysis of all reasonable alternatives and the no action alternative;

c. A summary of any coordination or consultation undertaken with any federal, state, or local government, or federally-recognized Indian tribe;

d. A summary of the public participation process;

e. Comments received on the draft EIS;

f. A list of persons commenting on the draft EIS;

g. The Authority's responses to significant comments received;

h. A determination of consistency with the Certified Water Quality Management Plan, if applicable;

i. The names and qualifications of the persons primarily responsible for preparing the EIS; and

j. Any other information added by the Authority.

6. The Authority shall prepare or direct the applicant to prepare a supplemental EIS when appropriate, including when substantial changes are made to the project that are relevant to environmental concerns, or when there are significant new circumstances or information relevant to environmental concerns bearing on the project.

H. After issuance of a final EIS under subsection (G)(5), the Authority shall prepare and issue a record of decision (ROD) containing the Authority's decision whether to proceed or not proceed with a project. A ROD issued with a decision to proceed shall include a brief description of the project, alternatives considered, and project impacts. In addition, the ROD must include any commitments to mitigation, an explanation if the environmental preferred alternative was not selected, and any responses to substantive comments on the final EIS. A ROD issued with a decision not to proceed shall preclude the project from receiving financial assistance under this Article.

I. For all determinations (categorical exclusions, FONSIs, or RODs) that are five years old or older and for which the project has not been implemented, the Authority shall re-evaluate the project, environmental conditions, and public views to determine whether to conduct a supplemental environmental review of the project and complete an appropriate environmental review document or reaffirm the Authority's original determination. The Authority shall provide public notice of the re-evaluation according to subsection (J)(5).

J. The Authority shall conduct public notice and participation under this Section as follows:

1. If a categorical exclusion is granted under subsection (B), the Authority shall provide public notice of that fact by publishing the notice as a legal notice at least once, in one or more newspapers of general circulation in the county or counties concerned.

2. If a FONSI is issued under subsection (F)(2), the Authority shall provide public notice that the FONSI is available for public review by publishing the notice as a legal notice at least once in one or more newspapers of general circulation in the county or counties concerned. The notice shall provide that comments on the FONSI may be submitted to the Authority for a period of 30 days from the date of publication of the notice. If no comments are received, the FONSI shall immediately become effective. The Authority may proceed with the project subject to any mitigation measures described in the FONSI after responding to any substantive comments received on the FONSI during the 30-day comment period, or 30 days after issuance of the FONSI if no substantive comments are received.

3. If a notice of intent is prepared and distributed under subsection (G)(1), the Authority shall publish it as a legal notice at least once, in one or more newspapers of general circulation in the county or counties concerned.

4. If a draft EIS is issued under subsection (G)(4), the Authority shall provide public notice by publishing the notice as a legal notice at least once, in one or more newspapers of general circulation in the county or counties concerned, that the draft EIS is available for public review. The notice shall provide that comments on the draft EIS may be submitted to the Authority for a period of 45 days from the date of publication of the notice. When the Authority determines that a project may be controversial, the notice shall provide for a general public hearing to receive public comments.

5. If the Authority reaffirms or revises a decision according to subsection (I), the Authority shall provide public notice of that fact by publishing the notice as a legal notice at least once, in one or more newspapers of general circulation in the county or counties concerned.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Section repealed; new R18-15-106 renumbered from R18-15-107 and amended at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-107 Disputes

A. Any interested party having a substantial financial interest in or suffering a substantial adverse financial impact from an action taken under this Chapter, excluding actions taken under R18-15-503, R18-15-504, and R18-15-505, may file a formal letter of dispute with the Director according to subsections (B), (C), (D), and (E). Any interested party having a substantial financial interest in or suffering a substantial adverse financial impact from an action taken under R18-15-503, R18-15-504 or R18-15-505 shall proceed under R18-15-503(H), R18-15-504(H) or R18-15-505(H), as applicable.

B. The interested party shall file the formal letter of dispute with the Director within 30 days of the action and provide a copy to each member of the Board. The formal letter of dispute shall include the following information:

1. The name, address, and telephone number of the interested party;

2. The signature of the interested party or the interested party's representative;

3. A detailed statement of the legal and factual grounds of the dispute including:

a. Copies of relevant documents, and

b. The nature of the substantial financial interest or the nature of the substantial adverse financial impact of the interested party; and

4. The form of relief requested.

C. Within 30 days of receipt of a dispute letter, the Authority shall issue a preliminary decision in writing, to be forwarded by certified mail to the party.

D. Any party filing a dispute under subsection (B) that disagrees with a preliminary decision of the Authority may file a formal letter of appeal, explaining why the party disagrees with the preliminary decision, with the Board, provided the letter is received by the Director not more than 15 days after the receipt by the party of the preliminary decision.

E. The Board shall issue a final decision on issues appealed under subsection (D) not more than 60 days after receipt of the formal letter of appeal.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Former R18-15-107 renumbered to R18-15-106; new R18-15-107 renumbered from R18-15-112 and amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-108 [REPEALED]

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Section repealed; new Section R18-15-108 renumbered from R18-15-109 by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-109 [REPEALED]

History

• Adopted effective September 18, 1997 (Supp. 97-3). Former Section R18-15-109 renumbered to R18-15-108; new Section R18-15-109 renumbered from R18-15-110 by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-110 [REPEALED]

History

• Adopted effective September 18, 1997 (Supp. 97-3). Former Section R18-15-110 renumbered to R18-15-111; new Section adopted effective June 4, 1998 (Supp. 98-2). Former Section R18-15-110 renumbered to R18-15-109; new Section R18-15-110 renumbered from R18-15-111 and amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-111 [REPEALED]

History

• Adopted effective September 18, 1997 (Supp. 97-3). Former Section R18-15-111 renumbered to R18-15-112; new Section R18-15-111 renumbered from R18-15-110 and amended effective June 4, 1998 (Supp. 98-2). Former Section R18-15-111 renumbered to R18-15-110; new Section R18-15-111 renumbered from R18-15-112 and amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-112 Renumbered

History

• Adopted effective September 18, 1997 (Supp. 97-3). Former Section R18-15-112 renumbered to R18-15-113; new Section R18-15-112 renumbered from R18-15-111 (Supp. 98-2). Former Section R18-15-112 renumbered to R18-15-111; new Section R18-15-112 renumbered from R18-15-113 and amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Former R18-15-112 renumbered to R18-15-107 by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-113 Renumbered

History

• Section R18-15-113 renumbered from R18-15-112 (Supp. 98-2). Section R18-15-113 renumbered to R18-15-112 by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4).

Article 2 CLEAN WATER REVOLVING FUND

Ariz. Admin. Code § R18-15-201 Clean Water Revolving Fund Financial Assistance Eligibility Criteria

To receive financial assistance from the Clean Water Revolving Fund, the applicant shall demonstrate the applicant is eligible under A.R.S. § 49-1224(A) to request financial assistance for a purpose as defined in A.R.S. § 49-1223(A); the proposed project is to design, construct, acquire, improve, or refinance a publicly owned wastewater treatment facility, or for any other purpose permitted by the Clean Water Act including nonpoint source projects; and the proposed project appears on the Clean Water Revolving Fund Project Priority List developed under R18-15-203.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-202 Clean Water Revolving Fund Intended Use Plan

A. The Authority annually shall develop and publish a Clean Water Revolving Fund Intended Use Plan that identifies the intended uses of funds available in the Clean Water Revolving Fund Program. The Intended Use Plan shall include the project priority list according to R18-15-203 . If the Intended Use Plan is to be submitted as one of the documents required to obtain a federal capitalization grant under Title VI of the Clean Water Act, 33 U.S.C. 1381 to 1387, the Intended Use Plan shall include any additional information required by federal law.

B. The Authority shall provide for a public review and written comment period of the draft Clean Water Revolving Fund Intended Use Plan for a minimum of 14 calendar days. The Authority shall summarize all written comments submitted and prepare responses for Board review. After review of the summary, the Board shall make any appropriate changes to the Plan and then adopt the Clean Water Revolving Fund Intended Use Plan at a public meeting.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed; new R18-15-202 renumbered from R18-15-203 and amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-203 Clean Water Revolving Fund Project Priority List

A. The Authority annually shall prepare a Clean Water Revolving Fund Project Priority List as part of the Intended Use Plan described in R18-15-202 . The Board may waive the requirement to develop a Clean Water Revolving Fund Project Priority List if funds are not adequate to assist any projects or if the Board determines that no financial assistance will be offered for the annual funding cycle.

B. An applicant pursuing financial assistance from the Authority for a project shall request to have the project included on the Clean Water Revolving Fund Project Priority List. The applicant may request that multiple projects be placed on the Clean Water Revolving Fund Project Priority List. An applicant shall make a request for placement of a project on the Clean Water Revolving Fund Project Priority List on or before a date specified by the Authority and in an application format specified by the Authority. The Authority shall include with the project priority list application form the criteria under each ranking category in R18-15-204(A), by which the project will be evaluated and the relative importance of each of the criterion.

C. In preparing the Clean Water Revolving Fund Project Priority List, the Authority shall consider all project priority list applications submitted under subsection (B). The Authority shall evaluate the merits of each project with respect to water quality issues and determine the total points of each project according to R18-15-204 . At a minimum, the Clean Water Revolving Fund Project Priority List shall identify:

1. The applicant,

2. Project title,

3. Type of project,

4. The amount requested for financial assistance,

5. The subsidy according to R18-15-204(C) ,

6. Whether the project is within the fundable range according to R18-15-205, and

7. The rank of each project by its total points, determined according to R18-15-204.

D. After adoption of the annual Intended Use Plan and project priority list according to R18-15-202, the Board may allow:

1. Updates and corrections to the adopted Clean Water Revolving Fund Project Priority List, if the updates and corrections are adopted by the Board after public notice; or

2. Additions to the Clean Water Revolving Fund Project Priority List, if the additions are adopted by the Board after public notice.

E. After public notice, the Board may remove a project from the Clean Water Revolving Fund Project Priority List under one or more of the following circumstances:

1. The recipient has received all financial assistance identified in the executed financial assistance agreement with the Authority;

2. The project was financed from another source;

The project is no longer an eligible project;

4. The applicant requests removal;

5. The applicant is no longer an eligible applicant; or

6. The applicant did not update, modify, correct or resubmit a project from the project priority list developed for the previous funding cycle.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Former R18-15-203 renumbered to R18-15-202; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-204 Clean Water Revolving Fund Project Priority List Ranking

A. The Authority shall rank each project on the Clean Water Revolving Fund Project Priority List based on the total points of each project. The Authority shall consider the following categories to determine the total points of each project:

The Authority shall evaluate the current conditions of the project, including existing environmental, structural, and regulatory integrity and the degree to which the project is consistent with the Clean Water Act, 33 U.S.C. 1251 to 1387.

2. The Authority shall evaluate the degree to which the project improves or protects water quality.

3. The Authority shall evaluate the degree to which the project addresses water or energy efficiency or environmentally innovative approaches.

4. The Authority shall evaluate the degree to which the project promotes any of the following:

a. Consolidation of facilities, operations, and ownership;

b. Extending service to existing areas currently served by another facility; or

c. A regional approach to operations, management, or new facilities.

5. The Authority shall determine whether the project received assistance from the Authority in a previous funding cycle.

6. The Authority shall evaluate the applicant's local fiscal capacity.

B. Two or more projects may receive the same total points. If sufficient clean water revolving loan funds are not available to fund the projects, the Authority shall give priority to the project with the highest current condition score under subsection (A)(1). If projects remain tied, priority will be given to the project with the highest water quality improvement score under subsection (A)(2). If projects remain tied, this process shall continue through the categories under subsections (A)(3) through (6), sequentially. If projects continue to have the same total points, the Board shall determine the priority of the tied projects.

C. The Authority shall determine the subsidy for each project on the Clean Water Revolving Fund Project Priority List based on the applicant's local fiscal capacity score under subsection (A)(6) and the total points of the project. The Authority shall incorporate the subsidy in the financial assistance agreement.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-205 Clean Water Revolving Fund Fundable Range for Financial Assistance

A. Prior to adoption by the Board of the Clean Water Revolving Fund Project Priority List, the Authority shall determine which projects are within the fundable range.

B. In determining the fundable range, the Authority shall evaluate each project for evidence of debt authorization according to R18-15-104(B) .

1. Evidence of debt authorization according to R18-15-104(B) ;

2. Evidence that the applicant has obtained applicable local, state, or federal project permits, as applicable;

3. Evidence of approval by the appropriate authority of project plans and specifications; and

4. Evidence that the applicant has initiated the bid or solicitation process.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Section repealed; new Section R18-15-205 renumbered from R18-15-206 and amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-206 Clean Water Revolving Fund Application for Financial Assistance

A. The Authority shall accept an application for financial assistance from an eligible applicant for a project that appears on the Clean Water Revolving Fund Project Priority List and is determined to be in the fundable range. At the Authority's discretion, the Authority may accept an application for financial assistance prior to the project appearing on a Board-adopted Clean Water Revolving Fund Project Priority List and in the fundable range.

B. The Authority shall not present an application to the Board for consideration until all the following conditions are met:

1. The project is on the Clean Water Revolving Fund Project Priority List, including the Project Priority List to be adopted at the Board meeting;

The applicant has provided supporting documentation according to R18-15-205(B);

3. The applicant has demonstrated legal capability, financial capability, technical capability, and managerial capability as described in R18-15-104;

4. For nonpoint source projects, the applicant has provided evidence that the project is consistent with Section 319 and Title VI of the Clean Water Act, 33 U.S.C. 1329, 1381 to 1387; and

5. The applicant has obtained or is in the process of obtaining all permits and approvals required by federal, state, and local authorities; and

6 5. The proposed project is consistent with the Certified Water Quality Management Plan.

C. The application criteria required under subsections (A) and (B) shall not apply to financial assistance requests for short-term emergency loans under A.R.S. § 49-1269.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Former Section R18-15-206 renumbered to R18-15-205; new Section R18-15-206 made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-207 Clean Water Revolving Fund Application Review for Financial Assistance

A. The Authority shall evaluate and summarize each application received and develop an analysis that provides recommendations to the Board. The analysis shall at a minimum include:

1. The scope, size, and budget of the proposed project, including as much cost detail as possible;

2. A summary of the applicant's legal capability including authorization to enter into long-term indebtedness and to pledge the specified dedicated revenue source for repayment;

3. A summary of the applicant's technical capability including its ability to construct, operate, and maintain the proposed project;

4. A summary of the applicant's managerial capability, including the experience of elected officials and management team in managing similar organizations and similar projects;

5. A summary of the applicant's financial capability, including:

a. The amount of money collected through the dedicated revenue source for repayment for each of the previous three financial operating years (fiscal or calendar),

b. An estimate of the amount of money that will be collected through the dedicated revenue source for repayment for the current financial operating year (fiscal or calendar), and

c. A projection of the amount of money that will be collected through the dedicated revenue source for repayment for each of the next five financial operating years (fiscal or calendar);

6. The applicant's history of compliance with, as applicable, the Clean Water Act, 33 U.S.C. 1251 to 1387, related Arizona statutes, and related rules, regulations, and policies; and

7. A summary of any previous assistance provided by the Authority to the applicant.

B. After an opportunity for public comment, the Board shall make a determination regarding the applicant's request for financial assistance at a public meeting. The Board shall base this determination on the information provided in the application, the analysis prepared by the Authority, and any other information provided at the public meeting. The Authority shall inform the applicant of the Board's determination, which may include recommended modifications to any of the following:

1. The proposed project,

2. The applicant's legal structure and organization,

3. The dedicated revenue source for repayment, or

The structure of the financial assistance request.

C. If the Board determines at any time during a funding cycle that funds are limited or are not available to provide financial assistance, the Authority shall notify applicants on the current Clean Water Revolving Fund Project Priority List that the Authority is no longer accepting applications. The Board shall determine the amount of funding available, if any, to provide financial assistance for the applications already accepted by the Authority. The Board shall consider each application in the order the project appears within the fundable range on the current Clean Water Revolving Fund Project Priority List. The Board shall make a determination as described in subsection (B) on each application until the available funds are committed.

D. Upon Board approval of the applicant's request for financial assistance, the Authority shall prepare a financial assistance agreement for execution by the applicant and the Authority.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Section repealed; new Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-208 Clean Water Revolving Fund Requirements

A. The duly authorized agent, principal or officer of the applicant shall certify that the applicant has not violated any federal, state, or local law pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practices relating to or in connection with facilities planning, design, or construction work on a wastewater treatment facility project.

B. All projects shall comply with the provisions of the Civil Rights Act of 1964, P.L. 88-352, 42 U.S.C. 2000 d et seq., and all other applicable federal laws.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Article 3 DRINKING WATER REVOLVING FUND

Ariz. Admin. Code § R18-15-301 Drinking Water Revolving Fund Financial Assistance Eligibility Criteria

To be eligible to receive financial assistance from the Drinking Water Revolving Fund, the applicant shall demonstrate that the applicant is a drinking water facility as defined by A.R.S. § 49-1201 requesting financial assistance for a purpose as defined in A.R.S. § 49-1243(A); the proposed project is to plan, design, construct, acquire, or improve a drinking water facility or refinance an eligible drinking water facility; and the proposed project appears on the Drinking Water Revolving Fund Project Priority List developed under R18-15-303.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-302 Drinking Water Revolving Fund Intended Use Plan

A. The Authority annually shall develop and publish a Drinking Water Revolving Fund Intended Use Plan that identifies the intended uses of funds available in the Drinking Water Revolving Fund Program. The Intended Use Plan shall include the project priority list according to R18-15-303 . If an Intended Use Plan is to be submitted as one of the documents required to obtain a federal capitalization grant under the Safe Drinking Water Act, 42 U.S.C. 300 f to 300j-26, the Intended Use Plan shall include any additional information required by federal law.

B. The Authority shall provide for a public review and written comment period of the draft Drinking Water Revolving Fund Intended Use Plan for a minimum of 14 calendar days. The Authority shall summarize all written comments submitted and prepare responses for Board review. After review of the summary, the Board shall make any appropriate changes to the Plan and then adopt the Drinking Water Revolving Fund Intended Use Plan at a public meeting.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed; new R18-15-302 renumbered from R18-15-303 and amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-303 Drinking Water Revolving Fund Project Priority List

A. The Authority annually shall prepare a Drinking Water Revolving Fund Project Priority List as part of the Intended Use Plan described in R18-15-302 . The Board may waive the requirement to develop an annual Drinking Water Revolving Fund Project Priority List if funds are not adequate to assist any projects or if the Board determines that no financial assistance will be offered for the annual funding cycle.

B. An applicant pursuing financial assistance from the Authority for a project shall request to have the project included on the Drinking Water Revolving Fund Project Priority List. The applicant may request that multiple projects be placed on the Drinking Water Revolving Fund Project Priority List. An applicant shall make a request for placement of a project on the Drinking Water Revolving Fund Project Priority List on or before a date specified by the Authority and in an application format specified by the Authority. The Authority shall include with the project priority list application form the criteria under each ranking category in R18-15-304(A) by which the project will be evaluated and the relative importance of each of the criterion.

C. In preparing the Drinking Water Revolving Fund Project Priority List, the Authority shall consider all project priority list applications submitted under subsection (B). The Authority shall evaluate the merits of each project with respect to water quality issues and determine the total points of each project according to R18-15-304 . At a minimum, the Drinking Water Revolving Fund Project Priority List shall identify:

1. The applicant;

2. Project title;

3. Type of project;

4. Population of service area;

5. The amount requested for financial assistance;

6. The subsidy according to R18-15-304(C);

7. Whether the project is within the fundable range according to R18-15-305; and

8. The rank of each project by its total points, determined according to R18-15-304.

D. After adoption of the annual Intended Use Plan and project priority list according to R18-15-302, the Board may allow:

1. Updates and corrections to the adopted Drinking Water Revolving Fund Project Priority List, if the updates and corrections are adopted by the Board after public notice; or

2. Additions to the Drinking Water Revolving Fund Project Priority List, if the additions are adopted by the Board after public notice.

E. After public notice, the Board may remove a project from the Drinking Water Revolving Fund Project Priority List under one or more of the following circumstances:

1. The recipient has received all financial assistance identified in the executed financial assistance agreement with the Authority;

2. The project was financed from another source;

The project is no longer an eligible project;

4. The applicant requests removal;

5. The applicant is no longer an eligible applicant; or

6. The applicant did not update, modify, correct or resubmit a project from the project priority list developed for the previous funding cycle.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Former R18-15-303 renumbered to R18-15-302; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-304 Drinking Water Revolving Fund Project Priority List Ranking

A. The Authority shall rank each project listed on the Drinking Water Revolving Fund Project Priority List based on the total points of each project. The Authority shall consider the following categories to determine the total points of each project:

1. The Authority shall evaluate the current conditions of the system through the system's scores on the Department's master priority list.

2. The Authority shall evaluate the degree to which the project will result in improvement to the water system.

3. The Authority shall evaluate the degree to which the project addresses water or energy efficiency or environmentally innovative approaches.

4. The Authority shall evaluate the degree to which the project promotes any of the following:

a. Consolidation of facilities, operations, and ownership;

b. Extending service to existing areas currently served by another facility; or

c. A regional approach to operations, management, or new facilities.

5. The Authority shall determine whether the project received assistance from the Authority in a previous funding cycle.

6. The Authority shall evaluate the applicant's local fiscal capacity.

B. Two or more projects may receive the same total points. If sufficient clean water revolving loan funds are not available to fund the projects, the Authority shall give priority to the project with the highest current condition score under subsection (A)(1). If projects remain tied, priority will be given to the project with the highest water system improvement score under subsection (A)(2). If projects remain tied, this process shall continue through the categories under subsections (A)(3) through (6), sequentially. If projects continue to have the same total points, the Board shall determine the priority of the tied projects.

C. The Authority shall determine the subsidy for each project on the Drinking Water Revolving Fund Project Priority List based on the applicant's local fiscal capacity score and the total points of the project. The Authority shall incorporate the subsidy in the financial assistance agreement.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-305 Drinking Water Revolving Fund Fundable Range for Financial Assistance

A. Prior to adoption by the Board of the Drinking Water Revolving Fund Project Priority List, the Authority shall determine which projects are within the fundable range.

B. In determining the fundable range the Authority shall evaluate each project for evidence

1. of debt authorization according to R18-15-104(B).

2. Evidence that the applicant has obtained applicable local, state, or federal project permits, as applicable;

3. Evidence of approval by the appropriate authority of project plans and specifications; and

4. Evidence that the applicant has initiated the bid or solicitation process.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Former Section R18-15-305 repealed; new Section R18-15-305 renumbered from R18-15-306 and amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-306 Drinking Water Revolving Fund Application for Financial Assistance

A. The Authority shall accept an application for financial assistance from an eligible applicant for a project that appears on the Drinking Water Revolving Fund Project Priority List and is determined to be within the fundable range. At the Authority's discretion, the Authority may accept an application for financial assistance prior to the project appearing on a Board-adopted Drinking Water Revolving Fund Project Priority List.

B. The Authority shall not present an application to the Board for consideration until all the following conditions are met:

1. The project is on the Drinking Water Revolving Fund Project Priority List, including the Project Priority List to be adopted at the Board meeting;

2. The applicant has provided supporting documentation according to R18-15-305(B); and

3. The applicant has demonstrated legal capability, financial capability, technical capability and managerial capability as described in R18-15-104 .

4. The applicant has obtained or is in the process of obtaining all permits and approvals required by federal, state, and local authorities.

C. The application criteria required under subsections (A) and (B) shall not apply to financial assistance requests for short-term emergency loans under A.R.S. § 49-1269.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Former Section R18-15-306 renumbered to R18-15-305; new Section R18-15-306 made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-307 Drinking Water Revolving Fund Application Review for Financial Assistance

A. The Authority shall evaluate and summarize each application received and develop an analysis that provides recommendations to the Board. At a minimum, the analysis shall include:

1. The scope, size, and budget of the proposed project, including as much cost detail as possible;

2. A summary of the applicant's legal capability, including authorization to enter into long-term indebtedness and to pledge the specified dedicated revenue source for repayment;

3. A summary of the applicant's technical capability, including its ability to construct, operate, and maintain the proposed project;

4. A summary of the applicant's managerial capability, including the experience of elected officials and management team in managing similar organizations and similar projects;

5. A summary of the applicant's financial capability, including:

a. The amount of money collected through the dedicated revenue source for repayment for each of the previous three financial operating years (fiscal or calendar),

b. An estimate of the amount of money that will be collected through the dedicated revenue source for repayment for the current financial operating year (fiscal or calendar), and

c. A projection of the amount of money that will be collected through the dedicated revenue source for repayment for each of the next five financial operating years (fiscal or calendar);

6. The applicant's history of compliance with, as applicable, the Safe Drinking Water Act, 42 U.S.C. 300f to 300j-26, related Arizona statutes, and related rules, regulations and policies; and

7. A summary of any previous assistance provided by the Authority to the applicant.

B. After an opportunity for public comment, the Board shall make a determination regarding the applicant's request for financial assistance at a public meeting. The Board shall base this determination on the information provided in the application, the analysis prepared by the Authority, and any other information provided at the public meeting. The Authority shall inform the applicant of the Board's determination, which may include recommended modifications to any of the following:

1. The proposed project,

2. The applicant's legal structure and organization,

3. The dedicated revenue source for repayment, or

The structure of the financial assistance request.

C. If the Board determines at any time during a funding cycle that funds are limited or are not available to provide financial assistance, the Authority shall notify applicants on the current Drinking Water Revolving Fund Project Priority List that the Authority is no longer accepting applications. The Board shall determine the amount of funding available, if any, to provide financial assistance for the applications already accepted by the Authority. The Board shall consider each application in the order the project appears within the fundable range on the current Drinking Water Revolving Fund Project Priority List. The Board shall make a determination as described in subsection (B) on each application until the available funds are committed.

D. Upon Board approval of the applicant's request for financial assistance, the Authority shall prepare a financial assistance agreement for execution by the applicant and the Authority.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Section repealed; new Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-308 Drinking Water Revolving Fund Requirements

A. The duly authorized agent, principal or officer of the applicant shall certify the applicant has not violated any federal, state, or local law pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practices relating to or in connection with facilities planning, design, or construction work on a project.

B. All projects shall comply with the provisions of the Civil Rights Act of 1964, P.L. 88-352, 42 U.S.C. 2000 d et seq., and all other applicable federal laws.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Article 4 WATER SUPPLY DEVELOPMENT REVOLVING FUND

Ariz. Admin. Code § R18-15-401 Water Supply Development Revolving Fund Financial Assistance Eligibility Criteria

A. To be eligible to receive financial assistance from the Water Supply Development Revolving Fund, the applicant shall demonstrate the applicant is an eligible entity as defined by A.R.S. § 49-1270(1); is requesting financial assistance for a purpose as defined in A.R.S. § 49-1273(A); and the proposed project appears on the Water Supply Development Revolving Fund Project Priority List developed under R18-15-402.

B. Financial assistance from the Water Supply Development Revolving Fund may include loans, grants, other financial assistance, or a combination of any thereof.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-402 Water Supply Development Revolving Fund Project Priority List

A. The Authority annually shall prepare a Water Supply Development Revolving Fund Project Priority List. The Authority is not required to prepare a Water Supply Development Revolving Fund Project Priority List if funds are not adequate to assist any projects or if the Board determines that no financial assistance will be offered for the annual funding cycle.

B. An applicant pursuing financial assistance from the Authority for a water supply development project shall request to have the project included on the Water Supply Development Revolving Fund Project Priority List. The applicant may request that multiple projects be placed on the Water Supply Development Revolving Fund Project Priority List. An applicant shall make a request for placement of a project on the Water Supply Development Revolving Fund Project Priority List on or before a date specified by the Authority and in an application format specified by the Authority. The Authority shall include with the Project Priority List application form the criteria under each ranking category in R18-15-403(A) by which the project will be evaluated and the relative importance of each of the criterion.

C. In preparing the Water Supply Development Revolving Fund Project Priority List, the Authority shall consider all Project Priority List applications submitted under subsection (B). The Authority shall evaluate the merits of each project with respect to water supply development issues and determine the order and priority of each project according to R18-15-403 . At a minimum, the Water Supply Development Revolving Fund Project Priority List shall identify:

1. The applicant;

2. Project title;

3. A project description;

3.4. Population of the water provider's area served;

4.5. The amount requested for financial assistance; and

5.6. The order and priority of each project, determined according to R18-15-403.

D. The Authority shall provide for a public comment period of the draft Water Supply Development Revolving Fund Project Priority List for a minimum of 14 calendar days. The Authority shall summarize all written comments submitted and prepare responses for Board review. After review of the summary, the Board shall make any appropriate changes to the Project Priority List and then adopt the Water Supply Development Revolving Fund Project Priority List at a public meeting.

E. After adoption of the annual Project Priority List, the Authority may allow:

Updates and corrections to the adopted Water Supply Development Revolving Fund Project Priority List, if the updates and corrections are adopted by the Authority after an opportunity for public notice; or

2. Additions to the Water Supply Development Revolving Fund Project Priority List, if the additions are adopted by the Authority after an opportunity for public notice.

F. After an opportunity for public notice, the Authority may remove a project from the Water Supply Development Revolving Fund Project Priority List under one or more of the following circumstances:

1. The recipient has received all financial assistance identified in the executed financial assistance agreement with the Authority;

2. The project was financed from another source;

The project is no longer an eligible project;

4. The applicant requests removal; or

5. The applicant is no longer an eligible applicant

6. The applicant did not update, modify, correct or resubmit a project from the project list developed for the previous funding cycle.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Section repealed; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Renumbered from R18-15-403 by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-403 Water Supply Development Revolving Fund Order and Priority

A. The Authority shall consider the evaluative criteria listed in A.R.S. § 49-1274(B)(3) to determine the order and priority of each project on the Water Supply Development Revolving Fund Project Priority List.

1. The Authority shall evaluate the existing, near-term, and long-term water demands of the water provider as compared to the existing water supplies of the water provider.

2. The Authority shall evaluate the existing and planned conservation and water management programs of the water provider.

3. The Authority shall evaluate the current conditions of the water provider's facilities and the water provider's water supply needs, and evaluate how effectively the project will benefit the infrastructure or water supply needs.

4. The Authority shall evaluate the sustainability of the water supply to be developed through the project.

5. The Authority shall evaluate the applicant's need for financial assistance.

B. Two or more projects may receive the same total points. If sufficient water supply development revolving loan funds are not available to fund the tied projects, the Board shall determine the priority of the tied projects.

History

• Adopted effective September 18, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Section repealed by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). New Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Renumbered from R18-15-404 by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-404 Water Supply Development Revolving Fund Application for Financial Assistance

A. The Authority shall accept an application for financial assistance from an eligible applicant for a project that appears on the Water Supply Development Revolving Fund Project Priority List. At the Authority's discretion, the Authority may accept an application for financial assistance prior to the project appearing on a Board-adopted Water Supply Development Revolving Fund Project Priority List.

B. The Authority shall not present an application for consideration until all the following conditions are met:

1. The project is on the Water Supply Development Revolving Fund Project Priority List;

2. The applicant has provided supporting documentation according to R18-15-104;

3. The applicant has demonstrated legal capability, financial capability, technical capability, and managerial capability under R18-15-104; and

4. The applicant has demonstrated the ability to meet any applicable environmental requirements imposed by federal, state, or local agencies.

History

• New Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Renumbered from R18-15-406 by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-405 Water Supply Development Revolving Fund Application Review for Financial Assistance

A. The Authority shall evaluate and summarize each application for financial assistance received and develop an analysis that provides recommendations to the Board. The analysis shall include:

1. The scope, size, and budget of the proposed project, including as much cost detail as possible;

2. A summary of the applicant's legal capability including authorization to enter into long-term indebtedness and to pledge the specified dedicated revenue source for repayment;

3. A summary of the applicant's technical capability, including its ability to construct, operate and maintain the proposed project;

4. A summary of the applicant's managerial capability, including the experience of elected officials and management team in managing similar organizations and similar projects;

5. A summary of the applicant's financial capability, including:

a. The amount of money collected through the dedicated revenue source for repayment for each of the previous five financial operating years (fiscal or calendar):

b. An estimate of the amount of money that will be collected through the dedicated revenue source for repayment for the current financial operating year (fiscal or calendar): and

c. A projection of the amount of money that will be collected through the dedicated revenue source for repayment for each of the next five financial operating years (fiscal or calendar);

6. A summary of any previous assistance provided by the Authority to the applicant;

7. A summary of the applicant's ability to meet any applicable permitting and environmental requirements imposed by federal, state, or local agencies;

8. A recommendation of what type and amount of financial assistance to provide; and

9. Any other information deemed necessary by the Authority.

B. If any of the required information listed in subsection (A)(5) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's financial capability.

B C The Board shall make a determination regarding the applicant's request for financial assistance at a public meeting. The Board shall base this determination on the information provided in the application, the analysis prepared by the Authority, and any other information provided at the public meeting. The Authority shall inform the applicant of the Board's determination, which may include recommended modifications to any of the following:

1. The scope of the proposed project;

The applicant's legal structure and organization;

3. The dedicated revenue source for repayment; or

4. The structure of the financial assistance request.

D. The Authority shall provide an opportunity for public comment prior to the Board's determination regarding the applicant's request for financial assistance. The opportunity for public comment does not need to occur at the same meeting in which the Board makes its determination regarding the applicant's request for financial assistance.

C E. If the Board determines at any time during a funding cycle that funds are limited or are not available to provide financial assistance, the Authority shall notify applicants on the current Water Supply Development Revolving Fund Project Priority List that the Authority is no longer accepting applications. The Board shall determine the amount of funding available, if any, to provide financial assistance for the applications by the Authority. The Board shall consider each application in the order the project appears on the current Water Supply Development Revolving Fund Project Priority List. The Board shall make a determination as described in subsection (C) on each application until the available funds are committed.

D F. Upon approval of the applicant's request for financial assistance, the Authority shall prepare a financial assistance agreement for execution by the applicant and the Authority.

History

• New Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Renumbered from R18-15-407 by final rulemaking at 24 A.A.R. 239, effective 3/11/2018. Amended by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-406 Water Supply Development Revolving Fund Requirement

The duly authorized agent, principal or officer of the applicant shall certify the applicant has not violated any federal, state, or local law pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practices relating to or in connection with facilities planning, design, or construction work on a project

History

• New Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Renumbered from R18-15-408 by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-407 Renumbered

History

• New Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Section R18-15-407 renumbered to R18-15-405 by final rulemaking at 24 A.A.R. 239, effective March 11, 2018 (Supp. 18-1).

Ariz. Admin. Code § R18-15-408 Renumbered

History

• New Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Section R18-15-408 renumbered to R18-15-406 by final rulemaking at 24 A.A.R. 239, effective March 11, 2018 (Supp. 18-1).

Article 5 TECHNICAL ASSISTANCE

Ariz. Admin. Code § R18-15-501 Technical Assistance

The Authority may provide Clean Water technical assistance, Drinking Water technical assistance, and Water Supply Development technical assistance. The Authority shall provide technical assistance in compliance with A.R.S. § 49-1203(B)(16) and (17).

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Former R18-15-501 renumbered to R18-15-502; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-502 Technical Assistance Intended Use Plan

A. The Authority annually shall develop and publish one or more Technical Assistance Intended Use Plans that identify intended uses of funds available for Clean Water technical assistance and Drinking Water technical assistance. The Intended Use Plan shall identify whether funds are available and the amount of funds available for planning and design assistance, staff assistance, and professional assistance for Clean Water and Drinking Water. The Authority may develop Technical Assistance Intended Use Plans separately for Clean Water and Drinking Water or as parts of the Intended Use Plans required under R18-15-202 and R18-15-302 . If the Technical Assistance Intended Use Plan is to be submitted as a document required to obtain a federal capitalization grant, the Technical Assistance Intended Use Plan shall include any additional information required by federal law.

B. The Authority shall provide for a public review and written comment period of any draft Technical Assistance Intended Use Plan for a minimum of 14 calendar days. The Authority shall summarize all written comments received and prepare responses. The Authority shall provide a summary of the written comments and the Authority's responses regarding the Clean Water and Drinking Water Technical Assistance Intended Use Plans to the Board. After review of the comments and the Authority's responses to comments received during the public review and written comment period, the Board, as applicable, shall adopt the applicable Technical Assistance Intended Use Plan or Plans at a public meeting with any changes made in response to public comments or comments by members of the Board.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed; new R18-15-502 renumbered from R18-15-501 and amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-503 Clean Water Planning and Design Assistance

A. Planning and design assistance to a specific wastewater treatment facility shall assist that system to achieve or enhance its legal, financial, technical, or managerial capability to facilitate the design, construction, acquisition, improvement, or consolidation of the wastewater treatment facility. Projects for any other purpose permitted by the Clean Water Act including nonpoint source projects are also eligible. The Board shall approve funds available for planning and design assistance in the annual Clean Water Technical Assistance Intended Use Plan. The Board may determine that no assistance will be offered for the annual funding cycle.

B. To be eligible to receive planning and design assistance under the Clean Water Technical Assistance Program, the applicant shall demonstrate the applicant is eligible under R18-15-201 . An eligible applicant shall apply for planning and design assistance on or before a date specified by the Authority and on an application form specified by the Authority.

C. An applicant shall commit to a matching contribution toward the total project cost as specified in the Request for Applications. The matching contribution may include cash contributions or in-kind contributions. The Board may waive or modify the applicant's match requirement according to criteria established in the Request for Applications.

D. The Authority shall solicit, evaluate, and award planning and design assistance in accordance with A.R.S. § 41-2702.

E. The Authority shall evaluate the applications received to determine which projects are eligible under the Clean Water Act, 33 U.S.C. 1381 to 1387. Eligible applications shall specify a demonstrated need of the applicant for assistance in securing financial assistance for development and implementation of a wastewater capital improvement project or stormwater or nonpoint source project.

F. The Authority shall determine planning and design assistance awards based on the amount of funding available. If funding is limited, all eligible projects may not be funded. The Authority shall provide the planning and design assistance award recommendations to the Board for review and approval at a public meeting. The Board may adopt, modify, or reject the Authority's recommendations in whole or in part.

G. Within 30 days after the adoption of the planning and design assistance awards at a public meeting, the Authority shall notify all applicants whether or not they received an award.

H. An unsuccessful applicant may submit an appeal in writing in accordance with A.R.S. § 41-2704.

I. The Authority and the applicant shall enter into a planning and design assistance agreement that shall include at a minimum:

1. A scope of work,

2. The amount awarded,

3. The amount of the local match required,

4. A final project budget and timeline, and

5. Reporting requirements.

J. Project costs incurred prior to execution of a planning and design assistance grant agreement shall not be eligible for grant funding.

KJ. The Authority shall release proceeds subject to a disbursement request if the request is consistent with the planning and design assistance agreement and the disbursement schedule.

1. The recipient shall request each disbursement on the forms provided by the Authority. Each disbursement request shall include a certification and signature document, a cost-incurred report, and a DBE report. The Authority shall not process a disbursement until the recipient provides a completed disbursement form.

2. The recipient shall include copies of invoices or other documents that show proof of eligible costs incurred with each disbursement request.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-504 Drinking Water Planning and Design Assistance

A. Planning and design assistance to a specific drinking water facility, excluding a nonprofit noncommunity water system, shall assist that facility to achieve or enhance its legal, financial, technical, or managerial capability to facilitate the design, construction, acquisition, improvement, or consolidation of a community water system. The Board shall approve funds available for planning and design assistance in the annual Drinking Water Technical Assistance Intended Use Plan. The Board may determine that no assistance will be offered for the annual funding cycle.

B. To be eligible to receive planning and design assistance under the Drinking Water Technical Assistance Program, the applicant shall demonstrate the applicant owns a drinking water facility, excluding a nonprofit noncommunity water system. An eligible applicant shall apply for planning and design assistance on or before a date specified by the Authority and on an application form specified by the Authority.

C. An applicant shall commit to a matching contribution toward the total project cost as specified in the Request for Applications. The matching contribution may include cash contributions or in-kind contributions. The Board may waive or modify the applicant's match requirement according to criteria established in the Request for Applications.

D. The Authority shall solicit, evaluate, and award planning and design assistance in accordance with A.R.S. § 41-2702.

E. The Authority shall evaluate the applications received to determine which projects are eligible under the Safe Drinking Water Act, 42 U.S.C. 300f to 300j-26. Eligible applications shall specify a demonstrated need of the applicant for assistance in securing financial assistance for development and implementation of a drinking water capital improvement project.

F. The Authority shall determine planning and design assistance awards based on the amount of funding available. If funding is limited, all eligible projects may not be funded. The Authority shall provide the planning and design assistance award recommendations to the Board for review and approval at a public meeting. The Board may adopt, modify, or reject the Authority's recommendations in whole or in part.

G. Within 30 days after the adoption of the planning and design assistance awards at a public meeting, the Authority shall notify all applicants whether or not they received an award.

H. An unsuccessful applicant may submit an appeal in writing according to A.R.S. § 41-2704.

I. The Authority and the applicant shall enter into a planning and design assistance agreement that shall include at a minimum:

1. A scope of work,

2. The amount awarded,

3. The amount of the local match required,

4. A final project budget and timeline, and

5. Reporting requirements.

J. Project costs incurred prior to execution of a planning and design assistance grant agreement shall not be eligible for grant funding.

K.J. The Authority shall release proceeds subject to a disbursement request if the request is consistent with the planning and design assistance agreement and the disbursement schedule.

1. The recipient shall request each disbursement on the forms provided by the Authority. Each disbursement request shall include a certification and signature document, a cost-incurred report, and a DBE report. The Authority shall not process a disbursement until the recipient provides a completed disbursement form.

2. The recipient shall include copies of invoices or other documents that show proof of eligible costs incurred with each disbursement request.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Former Section R18-15-504 repealed; new Section R18-15-504 renumbered from R18-15-505 and amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-505 Water Supply Development Planning and Design Assistance Grants

A. Planning and design assistance grant funding to a water provider shall assist the water provider in the planning or design of a water supply development project. A single planning and design assistance grant award shall not exceed $100,000. The Board may determine that no assistance will be offered for the annual funding cycle.

B. To be eligible to receive a planning and design assistance grant under the Water Supply Development Technical Assistance Program, the grant applicant shall demonstrate the applicant is a water provider as defined in A.R.S. § 49-1201 and meet the requirements of A.R.S. § 49-1273(C). An eligible grant applicant shall apply for a planning and design assistance grant on or before a date specified by the Authority and on a grant application form specified by the Authority.

C. A grant applicant shall commit to a matching contribution toward the total project cost as specified in the Request for Grant Applications. The matching contribution may include cash contributions or in-kind contributions. The Board may waive or modify the grant applicant's match requirement according to criteria established in the Request for Grant Applications.

D. The Authority shall solicit, evaluate, and award planning and design assistance grants in accordance with A.R.S. § 41-2702.

E. The Authority shall evaluate the grant applications received to determine which projects are eligible. Eligible applications shall specify a demonstrated need of the grant applicant for assistance in securing financial assistance for planning and design of a water supply capital improvement project.

F. The Authority shall determine planning and design assistance grant awards based on the amount of funding available. If funding is limited, all eligible projects may not be funded. The Authority shall provide the planning and design assistance grant award recommendations to the Board for review and approval at a public meeting. The Board may adopt, modify, or reject the Authority's recommendations in whole or in part.

G. Within 30 days after the adoption of the planning and design assistance grant awards at a public meeting, the Authority shall notify all grant applicants whether or not they received an award.

H. An unsuccessful grant applicant may submit an appeal in writing according to A.R.S. § 41-2704.

I. The Authority and the grant applicant shall enter into a planning and design assistance grant agreement that shall include at a minimum:

1. A scope of work,

2. The amount of the grant awarded,

3. The amount of the local match required,

4. A final project budget and timeline, and

Reporting requirements.

J. Project costs incurred prior to execution of a planning and design assistance grant agreement shall not be eligible for grant funding.

K.J. The Authority shall release grant proceeds subject to a disbursement request if the request is consistent with the planning and design assistance grant agreement and the disbursement schedule.

1. The grant recipient shall request each disbursement on the forms provided by the Authority. Each disbursement request shall include a certification and signature document, and a cost-incurred report. The Authority shall not process a disbursement until the recipient provides a completed disbursement form.

2. The grant recipient shall include copies of invoices or other documents that show proof of eligible costs incurred with each disbursement request.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Former Section R18-15-505 renumbered to R18-15-504; new Section R18-15-505 made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-506 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Section repealed; new Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-507 [REPEALED]

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Section repealed; new Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-508 [REPEALED]

History

• New Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-509 [REPEALED]

History

• New Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-510 [REPEALED]

History

• New Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-511 [REPEALED]

History

• New Section made by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Article 6 HARDSHIP GRANT FUND PROGRAM

Ariz. Admin. Code § R18-15-601 Hardship Grant Fund Administration

A. The Authority shall establish a separate account or accounts for the Hardship Grant Fund Program from any monies received according to A.R.S. § 49-1267(A). The Authority shall only use the monies from the Hardship Grant Fund Program for:

1. Providing hardship grants to political subdivisions or Indian tribes to plan, design, acquire, construct or improve wastewater collection and treatment facilities; and

2. Providing training and technical assistance related to operation and maintenance of wastewater treatment facilities.

B. The Authority shall identify any funding available for financial assistance under the Hardship Grant Fund Program in the annual Clean Water Revolving Fund Intended Use Plan described in R18-15-202 and any funding available for technical assistance in the Clean Water Technical Assistance Intended Use Plan described in R18-15-502 . If the Board determines no funding is available for the Hardship Grant Fund Program, the Authority shall not evaluate any applications for financial assistance or grant applications for technical assistance for funding from the Hardship Grant Fund Program.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Section repealed; new Section made by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Ariz. Admin. Code § R18-15-602 Hardship Grant Fund Financial Assistance

A. If funding is available in the Hardship Grant Fund Program, the Authority shall determine if any of the applicants requesting placement on the Clean Water Revolving Fund Project Priority List meet the requirements according to A.R.S. § 49-1268(A)(2). Criteria by which assistance will be awarded shall be based on criteria established in the capitalization grant providing the funding.

1. On the date the applicant applies for financial assistance, the per capita annual income of the community's residents does not exceed 80% of national per capita income as reported by the U.S. Census Bureau.

2. On the date the applicant applies for financial assistance, the community's local unemployment rate exceeds by one percentage point or more the most recently reported average yearly national unemployment rate as reported by the U.S. Department of Labor's Bureau of Labor Statistics.

B. The Authority shall make the determination of applicant's eligibility for the Hardship Grant Fund Program during the ranking of the project under R18-15-204 . Of the applicants eligible to receive financial assistance from the Hardship Grant Fund Program, the Authority shall award the hardship grant monies based on an applicant's financial capability and ability to generate sufficient revenues to pay for debt service.

C. The Authority shall proceed according to Article 2 of this Chapter for any applicant meeting the eligibility requirements for the Hardship Grant Fund Program. In addition to proceeding under R18-15-207, the Authority shall identify any applicant that qualifies for Hardship Grant Fund Program financial assistance and shall make a recommendation to the Board regarding the amount of funding to provide the applicant from the Hardship Grant Fund Program.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Ariz. Admin. Code § R18-15-603 Hardship Grant Fund Technical Assistance

A. If funding is available in the Hardship Grant Fund Program, the Authority shall identify in the Request for Grant Applications prepared according to A.R.S. § 41-2702(B) the amount of funding for technical assistance available from the Hardship Grant Fund Program.

B. The Authority shall make the determination of grant applicant's eligibility for the Hardship Grant Fund Program during the ranking of the project under R18-15-503 . Of the grant applicants eligible to receive technical assistance from the Hardship Grant Fund Program, the Authority shall award the hardship grant monies based on the financial capability of a grant applicant.

C. The Authority shall proceed according to R18-15-503 for any grant applicant requesting assistance for operation and maintenance for a wastewater treatment facility. In addition to proceeding under R18-15-503(F), the Authority shall identify any grant applicant that qualifies for Hardship Grant Fund Program technical assistance and shall make a recommendation to the Board regarding the amount of funding to provide the grant applicant from the Hardship Grant Fund Program.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3).

Article 7 INTEREST RATE SETTING AND FORGIVABLE PRINCIPAL

Ariz. Admin. Code § R18-15-701 Interest Rate Setting and Forgivable Principal

A. The Authority shall prescribe the rate of interest, including interest rates as low as 0% on Authority loans, bond purchase agreements, and linked deposit guarantees based on the applicant's local fiscal capacity under R18-15-204(A)(6) or R18-15-304(A)(6), or financial need under R18-15-404(A)(5), and an applicant's ability to generate sufficient revenues to pay debt service.

B. The Authority may forgive principal on Clean Water and Drinking Water loans, bond purchase agreements, and linked deposit guarantees based on:

1. The applicant's local fiscal capacity under R18-15-204(A)(6) and R18-15-304(A)(6),

2. Whether the applicant cannot otherwise afford the project,

Whether the project qualifies for the Green Project Reserve as defined by EPA, and

4. Whether the project mitigates stormwater runoff.

History

• New Section adopted by final rulemaking at 6 A.A.R. 2116, effective May 16, 2000 (Supp. 00-2). Amended by final rulemaking at 7 A.A.R. 5956, effective December 4, 2001 (Supp. 01-4). Amended by final rulemaking at 16 A.A.R. 1709, effective October 9, 2010 (Supp. 10-3). Amended by final rulemaking at 24 A.A.R. 239, effective 3/11/2018.

Article 8 LONG-TERM WATER AUGMENTATION FUND PROCUREMENT

Ariz. Admin. Code § R18-15-801 Definitions

The terms of this Article, unless otherwise specified, have the following meanings:

"Award" means a determination by the Authority that it is entering into a Contract with one or more Offerors.

"Board" has the same meaning as prescribed in A.R.S. § 49-1201(2).

"Business" means any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture or other private legal entity.

"Competitive Range" is a range of scores used by the Authority to determine whether an Offer will be considered for further evaluation after an initial susceptibility determination and the scoring of Offers received in the Solicitation process. The Authority may conduct multiple reviews and narrow or expand the Competitive Range throughout the procurement process. Those Offers that have no reasonable chance for Award when compared on a relative basis with more highly ranked Offers will not be in the Competitive Range. Offers to be considered within the Competitive Range must, at a minimum, demonstrate the following:

Affirmative compliance with mandatory requirements designated in the Solicitation.

An ability to deliver goods or services on terms advantageous to the Authority sufficient to be entitled to continue in the competition.

That the Offer as submitted is technically acceptable under the criteria set forth in the Solicitation.

"Construction" has the same meaning as prescribed in A.R.S. § 41-2503(4).

"Contract" means all types of agreements, regardless of what they may be called, for any Procurement related to a Water-Related Facilities project or Water Supply Development project.

"Contractor" means any Person who has a Contract with the Authority.

"Data" means documented information, regardless of form or characteristic.

"Day" means a calendar day and time is computed under A.R.S. § 1-243, unless otherwise specified in the Solicitation or Contract.

"Director" means the Director of the Water Infrastructure Finance Authority of Arizona.

"Interested Party" means an Offeror or prospective Offeror whose economic interest is affected substantially and directly by issuance of a Solicitation, an Award or loss of an Award. Whether an Offeror or prospective Offeror has an economic interest depends upon the circumstances of each case.

"May" means something is permissive.

"Negotiation" means an exchange or series of exchanges between the Authority and an Offeror or Contractor that allows the Authority or the Offeror or Contractor to revise an Offer or Contract.

"Offer" means a response to a Solicitation.

"Offeror" means a Person who responds to a Solicitation.

"Person" means any corporation, Business, individual, union, committee, club, other organization, or group of individuals.

"Procurement":

Means buying, purchasing, renting, leasing or otherwise acquiring any materials, property, services, or construction, in connection with a Water-Related Facilities project or a Water Supply Development project.

Includes all functions that pertain to obtaining any materials, services, or construction, including description of requirements, selection and Solicitation of sources, preparation and Award of Contract, and all phases of Contract administration.

Does not include providing financial assistance in the form of loans or grants.

"Procurement File" means the official records file of the Authority. The Procurement File shall include (electronic or paper) the following:

List of notified vendors;

Final Solicitation;

Solicitation amendments;

Bids and Offers;

Offer revisions;

Best and final Offers;

Negotiations;

Clarifications;

Final evaluation reports; and

Additional information, if requested by the Authority.

"Shall" means something is mandatory.

"Solicitation" means any Solicitation method authorized under A.R.S. § 49-1212, issued by the Authority to invite a Person to submit an Offer.

"Subcontractor" means a Person who contracts to perform work or render service to a Contractor or to another Subcontractor as a part of a Contract with the Authority.

"Trade Secret" means information, including a formula, pattern, device, compilation, program, method, technique, or process, that is the subject of reasonable efforts to maintain its secrecy and that derives independent economic value, actual or potential, as a result of not being generally known to and not being readily ascertainable by legal means.

"Water-Related Facilities" has the same meaning as prescribed in A.R.S. § 49-1201(21).

"Water Supply Development" has the same meaning as prescribed in A.R.S. § 49-1201(22).

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-802 Solicitations

A. A Procurement for a Water-Related Facilities project or a Water Supply Development project shall commence by issuing a Solicitation. The Solicitation shall be developed in consultation with the Arizona Department of Administration.

B. The Authority shall issue a Solicitation at least 14 days before the Offer due date and time, unless the Authority determines a shorter time is necessary for a particular Procurement. The Solicitation shall be posted at a designated site on a worldwide public network of interconnected computers and may also be distributed in any other manner deemed appropriate by the Authority. If a shorter time is necessary, the Authority shall document the specific reasons in the Procurement File.

C. Offers shall be opened on the date and time designated in the Solicitation. The name of each Offeror shall be recorded in accordance with procedures adopted by the Authority. All other information contained in the Offers shall be confidential to avoid disclosure of contents prejudicial to competing Offerors during the process of Negotiation. The Authority has determined that the only way to ensure best value is through a competitive Procurement process in which Offers are kept confidential during the Procurement process as described herein. This confidential Negotiation process allows the Authority to get the best possible value in each of its separate Negotiations with Offerors. The Offers shall be open for public inspection after Contract Award. To the extent the Offeror designates, and the Authority concurs, Trade Secrets or other proprietary Data contained in the Offer documents shall remain confidential in accordance with procedures adopted by the Authority.

D. The Solicitation shall state the relative importance of price and other evaluation factors. Specific numerical weighting is not required.

E. The Authority may require the submission of security to guarantee faithful bid and Contract performance. The amount and type of security required for each Contract shall be in the sole discretion of the Authority. The requirement for security shall be included in the Solicitation.

F. The Authority shall include the following in the Solicitation:

1. Instructions to Offerors, including:

a. Instructions and information to Offerors concerning the Offer submission requirements, Offer due date and time, the location where Offers will be received, and the Offer acceptance period;

b. The deadline date for requesting a substitution or exception to the Solicitation;

c. The manner by which the Offeror is required to acknowledge amendments;

d. The minimum information required in the Offer;

e. The specific requirements for designating Trade Secrets and other proprietary information as confidential;

f. Any specific responsibility or susceptibility criteria;

g. Whether the Offeror is required to submit samples, descriptive literature, and technical Data with the Offer;

h. Evaluation factors and the relative order of importance;

i. A statement of where documents incorporated by reference are available for inspection and copying;

j. A statement that the Authority may cancel the Solicitation or reject an Offer in whole or in part;

k. Certification by the Offeror that submission of the Offer did not include collusion or other anticompetitive practices;

l. That the Offeror is required to declare whether the Offeror has been debarred, suspended, or otherwise lawfully prohibited from participating in any public Procurement activity, including, but not limited to, being disapproved as a Subcontractor of any public Procurement unit or other governmental body;

m. Any Offer security required;

n. The means required for submission of Offer. The Solicitation shall specifically indicate whether hand delivery, U.S. mail, electronic mail, facsimile, or other means are acceptable methods of submission;

o. Any cost or pricing Data required;

p. The type of Contract to be used;

q. A statement that Negotiations may be conducted with Offerors reasonably susceptible of being selected for Award and that fall within the Competitive Range; and

r. Any other Offer requirements specific to the Solicitation.

2. Specifications, including:

a. Any purchase description, specifications, delivery or performance schedule, and inspection and acceptance requirements;

b. If a brand name or equal specification is used, instructions that the use of a brand name is for the purpose of describing the standard of quality, performance, and characteristics desired and is not intended to limit or restrict competition. The Solicitation shall state that products substantially equivalent to those brands designated shall qualify for consideration; and

c. Any other specification requirements specific to the Solicitation.

3. Terms and Conditions, including:

a. Whether the Contract is to include an extension option; and

b. Any other Contract terms and conditions.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-803 Solicitation Amendment

A. The Authority may issue a Solicitation amendment to do any or all of the following:

1. Make changes in the Solicitation;

2. Correct defects or ambiguities;

3. Provide additional information or instructions; or

Extend the Offer due date and time if the Authority determines that an extension is in the best interest of the Authority.

B. If a Solicitation is changed by a written Solicitation amendment, the amendment shall be distributed in the same manner as the Solicitation.

C. It is the responsibility of the Offeror to obtain any Solicitation amendments. An Offeror shall acknowledge receipt of an amendment in a manner specified in the Solicitation amendment on or before the Offer due date and time.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-804 Cancellation of Solicitation Before Offer Due Date and Time

A. A Solicitation may be cancelled, or any or all Offers may be rejected in whole or in part, as may be specified in the Solicitation if it is in the best interests of the Authority. The reasons for the cancellation or rejection shall be made part of the Procurement file.

B. The Authority shall notify Offerors who submitted an Offer.

C. The Authority shall not open Offers after cancellation. The Authority may discard the Offer after 30 days from notice of Solicitation cancellation unless the Offeror requests the Offer be returned.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-805 Pre-offer Conferences

A. The Authority may conduct one or more Pre-offer Conferences or site visits. Pre-offer Conferences must be open to the public. If a Pre-offer Conference is conducted, it shall be not less than seven days before the Offer due date and time, unless the Authority makes a written determination that the specific needs of the Procurement justify a shorter time. Statements made during a Pre-offer Conference are not amendments to the Solicitation.

B. Notice of a Pre-offer Conference shall be posted at a designated site on a worldwide public network of interconnected computers, no less than seven days prior to the Pre-offer Conference, as part of the Solicitation materials.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-806 Modification or Withdrawal of Offer Before Offer Due Date and Time

A. An Offeror may modify or withdraw their Offer at any time, in writing, before the Offer due date and time.

B. The Authority shall place the document submitted in the Procurement File as a record of the modification or withdrawal.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-807 Confidential Information

A. If a Person wants to assert that a Person's Offer, specification, or protest contains a Trade Secret or other proprietary information, a Person shall include with the submission a statement supporting this assertion. A Person shall clearly designate any Trade Secret and other proprietary information, using the term "confidential". Contract terms and conditions, pricing, and information generally available to the public are not considered confidential information under this Section.

B. Until a final determination is made under subsection (C), the Authority shall not disclose information designated as confidential under subsection (A) except to those individuals deemed by the Authority to have a legitimate state interest.

C. Upon receipt of a submission, the Authority shall make one of the following written determinations:

1. The designated information is confidential, and the Authority shall not disclose the information except to those individuals deemed by the Authority to have a legitimate state interest;

2. The designated information is not confidential; or

3. Additional information is required before a final confidentiality determination can be made.

D. If the Authority determines that information submitted is not confidential, a Person who made the submission shall be notified in writing. The notice shall include a time period for requesting a review of the determination by the Authority.

E. The Authority may release information designated as confidential under subsection (A) if:

1. A request for review is not received by the Authority within the time period specified in the notice; or

2. The Authority, after review, makes a written determination that the designated information is not confidential.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-808 Receipt, Opening, and Recording of Offers

A. The Authority shall maintain a record of Offers received for each Solicitation and shall record the time and date when an Offer is received. The Authority shall store each unopened Offer in a secure place until the Offer due date and time.

B. The Authority may open an Offer to identify the Offeror. If this occurs, the Authority shall record the reason for opening the Offer, the date and time the Offer was opened, and the Solicitation number. The Authority shall secure the Offer and retain it for opening.

C. The Authority shall open Offers at or after the Offer due date and time. The Authority shall record the name of each Offeror and any other relevant information as determined by the Authority. The Authority shall make the record of Offers available for public viewing.

D. Except for the information identified in subsection (C) and the information deemed confidential under R18-15-807, the Authority shall ensure that information contained in the Offer remains confidential until Contract Award and is shown only to those Persons assisting in the evaluation process.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-809 Late Offers, Modifications, and Withdrawals Before Offer Due Date and Time

A. If an Offer, modification, or withdrawal is not received by the Offer due date and time, at the location designated in the Solicitation, the Authority shall determine the Offer, modification, or withdrawal as late. This rule does not apply to revision or withdrawal of Offers as described in R18-15-816.

B. The Authority shall reject a late Offer, modification, or withdrawal unless:

1. The document is received before Contract Award at the location designated in the Solicitation; and

2. The document would have been received by the Offer due date and time, but for the action or inaction of personnel directly serving the Authority.

C. Upon receiving a late Offer, modification, or withdrawal, the Authority shall:

1. If the document is hand delivered, refuse to accept the delivery; or

2. If the document is not hand delivered, record the time and date of receipt and promptly send written notice of late receipt to the Offeror. The Authority may discard the document within 30 days after the date on the notice unless the Offeror requests the document be returned.

D. The Authority shall document a refusal under (C)(1) and place the document or a copy of the notice required in (C)(2) in the Procurement File.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-810 Only One Offer Received

If only one Offer is received in response to a Solicitation, the Authority shall review the Offer and either:

1. Award the Contract to the Offeror and prepare a written determination that:

a. The price submitted is fair and reasonable; and

b. The Offeror is responsive; and

c. The Offeror is responsible; or

2. Reject the Offer and:

a. Resolicit for new Offers; or

b. Cancel the Procurement.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-811 Extension of Offer Acceptance Period

A. To extend the Offer acceptance period, the Authority shall notify Offerors in writing of an extension and request written concurrence from all Offerors.

B. To be eligible for a Contract Award, an Offeror shall submit written concurrence to the extension. The Authority shall not consider the Offer from an Offeror who fails to respond to the notice of extension.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-812 Cancellation of Solicitation After Offer Opening and Before Award

A. Based on the best interest of the Authority, the Authority may cancel a Solicitation after Offer due date and time. The Authority shall prepare a written justification for cancellation and place it in the Procurement File.

B. The Authority shall notify Offerors of the cancellation in writing.

C. The Authority shall retain Offers received under the canceled Solicitation in the Procurement File. If the Authority intends to issue another Solicitation within six months after cancellation of the Procurement, the Authority may withhold the Offers from public inspection. After Award of a Contract under the subsequent Solicitation, the Authority shall make Offers submitted in response to the cancelled Solicitation open for public inspection except for information determined to be confidential.

D. In the event of cancellation, the Authority shall promptly return any Offer security provided by an Offeror.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-813 Clarification of Offers

A. The purpose for clarifications is to provide for a greater mutual understanding of the Offer. Clarifications are not Negotiations and material changes to the Solicitation or Offer shall not be made by clarification.

B. The Authority may request clarifications from Offerors at any time after receipt of Offers. Clarifications may be requested orally or in writing. If clarifications are requested orally, the Offeror shall confirm the request in writing. A request for clarification shall not be considered a determination that the Offeror is susceptible for Award.

C. The Authority may request an interview or demonstration with a reasonably susceptible Offeror for the purpose of clarifying an Offer.

D. The Authority shall retain any clarifications in the Procurement File.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-814 Responsibility of Offerors

A. The Authority shall determine, at any time during the evaluation period and before Award, whether an Offeror is responsible or nonresponsible. A finding of nonresponsibility shall not be construed as a violation of the rights of any Person.

B. The unreasonable failure of an Offeror to promptly supply information in connection with an inquiry with respect to responsibility shall be grounds for a determination of nonresponsibility with respect to the Offeror.

C. Information furnished by an Offeror pursuant to this section shall not be disclosed outside of the Authority without prior written consent by the Offeror except to law enforcement agencies.

D. The Authority may consider the following factors before determining that an Offeror is responsible or nonresponsible:

1. The Offeror's financial, Business, personnel, or other resources, including Subcontractors;

2. The Offeror's record of performance and integrity;

3. Whether the Offeror has been debarred or suspended;

4. Whether the Offeror is legally qualified to contract with the Authority;

5. Whether the Offeror promptly supplied all requested information concerning its responsibility; and

6. Whether the Offeror meets any responsibility criteria specified in the Solicitation.

E. The Authority shall promptly notify the Offeror in writing of the final determination that the Offer is nonresponsible unless the Authority determines notification to the Offeror would compromise the Authority's ability to negotiate with other Offerors. The Authority shall file a copy of the determination in the Procurement File.

F. For the Offeror awarded a Contract, the Authority's signature on the Contract constitutes a determination that the Offeror is responsible.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-815 Negotiations with Responsible Offerors and Revisions of Offers

A. Negotiations may be conducted with responsible Offerors who submit Offers determined to be reasonably susceptible to being selected for Award for the purpose of clarification to ensure full understanding of the Solicitation requirements and to permit revision of Offers. The Authority shall ensure there is no disclosure of one Offeror's price, or any information derived from competing Offers to another Offeror. The Authority shall establish procedures and schedules for conducting Negotiations.

B. Negotiations may be conducted orally or in writing. If oral Negotiations are conducted, the Authority shall confirm the Negotiations in writing and provide a copy to the Offeror.

C. If Negotiations are conducted, Negotiations shall be conducted with all Offerors determined to be in the Competitive Range or reasonably susceptible for Award. Offerors may revise Offers based on Negotiations provided that any revision is confirmed in writing.

D. The Authority may conduct Negotiations with responsible Offerors to improve Offers in such areas as cost, price, specifications, performance, or terms, to achieve best value for the Authority based on the requirements and the evaluation factors set forth in the Solicitation.

E. Responsible Offerors determined to be susceptible for Award and within the Competitive Range with which Negotiations have been held, may revise their Offer in writing during Negotiations.

F. An Offeror may withdraw an Offer at any time before the final Offer revision due date and time by submitting a written request to the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-816 Determination of Not Susceptible for Award

A. The Authority may determine at any time during the evaluation period and before Award that an Offer is not susceptible for Award or not within the Competitive Range. The Authority shall place a written determination, based on one or more of the following, in the Procurement File:

1. The Offer fails to substantially meet one or more of the mandatory requirements of the Solicitation;

2. The Offer fails to comply with any susceptibility criteria identified in the Solicitation; or

3. The Offer is not susceptible for Award or is not within the Competitive Range in comparison to other Offers based on the criteria set forth in the Solicitation. When there is doubt as to whether an Offer is susceptible for Award or is in the Competitive Range, the Offer should be included for further consideration.

B. The Authority shall promptly notify the Offeror in writing of the final determination that the Offer is not susceptible for Award or not within the Competitive Range, unless the Authority determines notification to the Offeror would compromise the Authority's ability to negotiate with other Offerors.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-817 Offer Revisions and Best and Final Offers

A. The Authority may request one or more written revisions to an Offer. The Authority shall include in the written request:

1. The date, time, and place for submission of Offer revisions; and

2. A statement that if Offerors do not submit a written notice of withdrawal or a written Offer revision, their immediate previous written Offer revision will be accepted as their final Offer.

B. The Authority shall request best and final Offers from any Offeror with whom Negotiations have been conducted, unless the Offeror has been determined to be nonresponsible under R18-15-814, or not within the Competitive Range or not susceptible for Award under R18-15-816 . The Authority shall include in the written request:

1. The date, time, and place for submission of the best and final Offer; and

2. A statement that if Offerors do not submit a written best and final Offer, their immediate previous written Offer will be accepted as their best and final Offer.

C. If an apparent mistake, relevant to the Award determination, is discovered after opening of best and final Offers, the Authority shall contact the Offeror for written confirmation. The Authority shall designate a timeframe within which the Offeror shall either:

1. Confirm that no mistake was made and assert that the Offer stands as submitted; or

2. Acknowledge that a mistake was made, and include the following in a written response:

a. Explanation of the mistake and any other relevant information;

b. A request for correction including the corrected Offer or a request for withdrawal; and

c. The reasons why correction or withdrawal are consistent with fair competition and in the best interest of the Authority.

D. An Offeror who discovers a mistake in their best and final Offer may request withdrawal or correction in writing, and shall include the following in the written request:

1. Explanation of the mistake and any other relevant information;

2. A request for correction including the corrected Offer or a request for withdrawal; and

3. The reasons why correction or withdrawal are consistent with fair competition and in the best interest of the Authority.

E. In response to a request made under subsections (C) or (D), the Authority shall make a written determination of whether correction or withdrawal will be allowed based on whether the action is consistent with fair competition and in the best interest of the Authority. If an Offeror does not provide written confirmation of the best and final Offer, the Authority shall make a written determination that the most recent written Offer submitted is the best and final Offer.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-818 Evaluation of Offers

The Authority shall evaluate best and final Offers based on the evaluation criteria contained in the Solicitation. The Authority shall not modify evaluation criteria or their relative order of importance after Offer due date and time.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-819 Contract Award

A. The Authority shall Award the Contract to the responsible Offeror whose Offer is determined to be most advantageous to the Authority based on the evaluation factors set forth in the Solicitation. The Authority shall make a written determination explaining the basis for the Award and place the determination, including any evaluation report or other supporting documentation, in the Procurement File. This subsection shall not apply to any Solicitation cancelled by the Authority prior to an Award.

B. The Authority shall notify all Offerors of an Award.

C. After Contract Award, the Authority shall return any Offer security provided by the Offeror as part of the Offer submission.

D. Within 30 days after Contract Award the Authority shall make the Procurement File, including all Offers, available for public inspection, redacting information that is confidential under R15-18-807. A copy of the non-redacted information, if pertinent to the functioning of the Contract, shall be retained for reference in the Contract file, but marked confidential and not made available for public review.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-820 Mistakes Discovered After Award

A. If a mistake in the Offer is discovered after the Award, the Offeror may request correction or withdrawal in writing, and shall include all of the following in their written request:

1. Explanation of the mistake and any other relevant information;

2. A request for correction including the corrected Offer or a request for withdrawal; and

3. The reasons why correction or withdrawal is consistent with fair competition and in the best interest of the Authority.

B. Based on the considerations of fair competition and the best interest of the Authority, the Authority may:

1. Allow correction of the mistake;

Cancel all or part of the Award; or

3. Deny correction or withdrawal.

C. After cancellation of all or part of an Award, if the Offer acceptance period has not expired, the Authority may Award all or part of the Contract to the next responsible Offeror whose Offer is determined to be the next most advantageous to the Authority according to the evaluation factors contained in the Solicitation.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-821 Protest of Solicitations and Contract Awards

A. Any Interested Party may protest a Solicitation, a determination of not susceptible for Award, the Award of a Contract.

B. The Interested Party shall file the protest in writing with the Authority and shall include the following information:

1. The name, address, and telephone number of the Interested Party;

2. The signature of the Interested Party or the Interested Party's representative;

3. Identification of the Solicitation or Contract number;

4. A detailed statement of the legal and factual grounds of the protest including copies of relevant documents; and

5. The form of relief requested.

C. If the protest is based upon alleged improprieties in a Solicitation that are apparent before the Offer due date and time, the Interested Party shall file the protest before the Offer due date and time.

D. In cases other than those covered in subsection (C), the Interested Party shall file the protest within 10 days after the Authority makes the Procurement File available for public inspection.

E. The Interested Party may submit a written request to the Director for an extension of the time limit for protest filing set forth in subsection (D). The written request shall be submitted before the expiration of the time limit set forth in subsection (D) and shall set forth good cause as to the specific action or inaction of the Authority that resulted in the Interested Party being unable to submit the protest within the 10 days. The Director shall approve or deny the request in writing, state the reasons for the determination, and, if an extension is granted, set forth a new date for submission of the filing.

F. If the Interested Party shows good cause, the Director may consider a protest that is not timely filed.

G. The Director shall, upon request, furnish copies of the protest to all Offerors subject to the provisions of R18-15-807.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-822 Stay of Procurements During the Protest

A. If a protest is filed before the Solicitation due date, before the Award of a Contract, or before performance of a Contract has begun, the Authority shall make a written determination to either:

1. Proceed with the Award or Contract performance, or

2. Stay all or part of the Procurement if there is a reasonable probability the protest will be upheld or that a stay is in the best interest of the Authority.

B. The Authority shall provide the Interested Party and all Offerors with a copy of the written determination.

C. The Director may stay all or part of the Procurement if it is determined that there is a reasonable probability the protest will be upheld or that a stay is in the best interest of the Authority. Determination of the stay decision shall be issued no later than the time of issuance of the Authority's decision in accordance with R18-15-824.

D. The Director may consider any protest that is not filed timely if:

1. The Interested Party shows good cause; or

2. The Director finds there is good cause.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-823 Protest Dismissal

A. The Director shall dismiss, upon written determination, a protest in whole or in part before scheduling a hearing if:

1. The protest does not state a valid basis for protest; or

2. The protest is untimely as prescribed under R18-15-821.

B. The Director shall notify the Interested Party, the Authority, and the Board in writing of a determination to dismiss a protest.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-824 Resolution of Solicitation and Contract Award Protests

A. The Director has the authority to resolve a protest. The Director shall issue a written recommended decision within 21 days after a protest has been filed under R18-15-821 . The recommended decision contain:

1. The protest;

2. The Offer submitted by the Interested Party;

3. The Offer of the firm that is being considered for Award;

4. The Solicitation, including the specifications or portions relevant to the appeal;

5. The abstract of Offers or relevant portions;

6. Any other documents that are relevant to the protest; and

7. The basis for the decision.

B. The Director shall furnish the recommended decision to the Board, with a copy to the Interested Party, by any method that provides evidence of receipt.

C. Within 30 days after the date the Director issues the written recommended decision, the Board shall review the recommended decision and accept, reject, or modify it. If the Board rejects or modifies the recommended decision, the Authority shall issue the rejection or modification and a written justification setting forth the reasons for the rejection or modification to the Interested Party. The decision of the Board is a final administrative decision.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-825 Remedies by the Authority

A. If the Authority sustains a protest in whole or part and determines that a Solicitation, a determination of not susceptible for Award, or Contract Award does not comply with the Procurement statutes and regulations, the Authority shall implement an appropriate remedy.

B. In determining an appropriate remedy, the Authority shall consider all the circumstances surrounding the Procurement or proposed Procurement including:

1. The seriousness of the Procurement deficiency;

2. The degree of prejudice to other interested parties or to the integrity of the Procurement system;

3. The good faith of the parties;

4. The extent of performance;

5. The costs to the Authority;

6. The urgency of the Procurement;

7. The impact on the agency's mission; and

8. Other relevant issues.

C. The Authority may implement any of the following appropriate remedies:

1. Decline to exercise an option to renew under the Contract;

2. Terminate the Contract;

3. Amend the Solicitation;

4. Issue a new Solicitation;

5. Award a Contract consistent with this Article; or

Render such other relief as determined necessary to ensure compliance with this Article.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Ariz. Admin. Code § R18-15-826 Provisions for Construction Contracts

A. Any Contract for Construction of a Water-Related Facility procured through the provisions of this Article, shall contain the following:

1. Requirement for performance and payment bonds or other security in a manner similar to those required under A.R.S. § 412574. The Authority may require performance and payment bonds or other security in amounts greater than those required under A.R.S. § 41-2574.

2. Requirement for retention of payments by the Authority as insurance for the proper performance of the Contract in a manner similar to that required by A.R.S. § 41-2576. The Authority may require retention in amounts greater than those required by A.R.S. § 41-2576.

3. Requirement for progress payments made by the Authority to the Contractor in a manner similar to that required under A.R.S. § 41-2577. The Authority may specify a progress payment schedule that differs from that required by A.R.S. § 41-2577.

4. Provisions similar to those required under A.R.S. § 41-2580. The Authority may specify additional requirements.

B. Pursuant to A.R.S. § 41-2501(C), the Authority adopts A.R.S. § 41-2583 for any Contract for Construction of a Water-Related Facility procured through the provisions of this Article.

C. The Authority may require that any Construction of a Water-Related Facility be subject to oversight by State of Arizona personnel.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 806, effective 4/3/2024.

Article 9 LONG-TERM WATER AUGMENTATION FUND

Ariz. Admin. Code § R18-15-901 Long-Term Water Augmentation Fund Financial Assistance Eligibility Criteria

To be eligible to receive financial assistance from the Long-Term Water Augmentation Fund, the applicant shall demonstrate the applicant is an eligible entity as defined by A.R.S. § 49-1301(1), and is requesting financial assistance for a purpose as defined in A.R.S. § 49-1303(A)(6) or (7).

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-902 Long-Term Water Augmentation Fund Request for Applications

A. The Authority shall commence a funding cycle for financial assistance from the Long-Term Water Augmentation Fund by issuing a Request for Applications.

B. Adequate public notice of the request for applications shall be given at least thirty days before the due date for the submittal of applications.

C. A Request for Applications shall include at least the following information:

1. A description of the Water Supply Development Projects eligible to apply;

2. The total amount of available funds;

3. Whether a single award or multiple awards may be made;

4. Any additional information required by the applications;

5. The criteria or factors under which applications will be evaluated for award and the relative importance of each criteria or factor; and

6. The due date for submittal of applications and the anticipated time the awards may be made.

D. The Authority may hold a preapplication conference before the due date for submittal of applications to explain the application requirements. Preapplication Conferences shall be open to the public.

E. Applicants to the Long-Term Water Augmentation Fund shall submit applications in a form acceptable to the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-903 Long-Term Water Augmentation Fund Order and Priority

A. The Authority shall determine the Order and Priority of applications by applying the evaluative criteria listed in:

1. A.R.S. § 49-1304(A); and

2. The Request for Applications.

B. For each funding cycle, the Authority shall evaluate and summarize each application received and develop an analysis that provides recommendations to the Long-Term Water Augmentation Committee. The analysis shall include, as applicable:

1. The scope, size, and budget of the proposed project, including as much cost detail as possible;

2. A summary of the applicant's legal capability including authorization to enter into long-term indebtedness and to pledge the specified dedicated revenue source for repayment;

3. A summary of the applicant's technical capability, including its ability to construct, operate and maintain the proposed project;

4. A summary of the applicant's managerial capability, including the experience of elected officials and management team in managing similar organizations and similar projects;

5. A summary of the applicant's financial capability, including:

a. The amount of money collected through the dedicated revenue source for repayment for each of the previous five financial operating years (fiscal or calendar);

b. An estimate of the amount of money that will be collected through the dedicated revenue source for repayment for the current financial operating year (fiscal or calendar); and

c. A projection of the amount of money that will be collected through the dedicated revenue source for repayment for each of the next five financial operating years (fiscal or calendar);

6. A summary of any previous assistance provided by the Authority to the applicant;

7. A summary of the applicant's ability to meet any applicable permitting and environmental requirements imposed by federal, state, or local agencies; and

8. Any other information deemed necessary by the Authority.

C. If any of the required information listed in subsection (B)(5) is not available, the Authority may assist the applicant in determining alternative documentation to support the applicant's financial capability.

D. The Long-Term Water Augmentation Committee shall review all eligible applications received during a given funding cycle and provide recommendations to the Board regarding the order and priority of the applications. Specific numeric ranking is not required.

E. The Long-Term Water Augmentation Committee may recommend the adjustment of the budgets of the applications received individually or collectively.

F. The Long-Term Water Augmentation Committee may require an Applicant to provide additional information before making a recommendation to the Board.

G. The Authority may remove an application from consideration under a given funding cycle under one or more of the following circumstances:

1. The project was financed from another source;

The proposed project is no longer an eligible project;

3. The applicant requests removal;

4. The applicant is no longer an eligible applicant; or

5. The applicant did not update, modify, correct or resubmit an Application Form in Response to a Request from the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-904 Long-Term Water Augmentation Fund Application for Financial Assistance

The Authority shall not present an application for consideration unless all of the following conditions are met:

1. The Application meets all requirements listed in the Request for Applications; and

2. The applicant has demonstrated legal capability, financial capability, technical capability, and managerial capability under R18-15-104.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-905 Long-Term Water Augmentation Fund Application Review For Financial Assistance

A. After an opportunity for public comment, the Board shall consider the Long-Term Water Augmentation Committee's recommendations and make a determination regarding applications for financial assistance at a public meeting. The Board shall base this determination on the information provided in the application, analysis prepared by the Authority, recommendation of the Long-Term Water Augmentation Committee; and any other information provided at the public meeting. The Authority shall inform the applicant of the Board's determination, which may include recommended modifications to any of the following:

1. The scope of the proposed project;

2. The applicant's legal structure and organization;

3. The dedicated revenue source for repayment; or

4. The structure of the financial assistance request.

B. The opportunity for public comment required under subsection (A) does not need to be at the same meeting in which the Board makes its determination regarding the applicant's request for financial assistance.

C. The Board may require an Applicant to provide additional information before making a determination regarding a request for financial assistance.

D. The Board may award financial assistance to an application regardless of the recommended order and priority of applications, provided the Board documents the specific justifications for the action taken during a public meeting.

E. If the Board determines at any time during a funding cycle that funds are limited or are not available to provide financial assistance, the Authority shall notify applicants with pending applications. The Board shall determine the amount of funding available, if any, to make available for the remaining applications received under a given funding cycle. The Board shall make a determination as described in subsection (C) on each application until the available funds are committed.

F. Upon approval of an application, the Authority shall prepare an agreement for execution by the applicant and the Authority. The terms of the agreement shall be determined by the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-906 Long-Term Water Augmentation Fund Requirements

The duly authorized agent, principal or officer of the applicant shall certify the applicant has not violated any federal, state, or local law pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practices relating to or in connection with facilities planning, design, or construction work on a project.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Article 10 WATER CONSERVATION GRANT FUND

Ariz. Admin. Code § R18-15-1001 Water Conservation Grant Fund Eligibility Criteria

A. To be eligible to receive financial assistance from the Water Conservation Grant Fund, the applicant shall demonstrate the applicant is an eligible entity as defined by A.R.S. § 49-1301 or has partnered with an eligible entity as defined in A.R.S. § 49-1301 pursuant to A.R.S. § 49-1333(A), and is requesting a grant for a purpose as defined in A.R.S. § 49-1332(B).

B. An applicant shall commit to a matching contribution toward the total program or project cost as specified in A.R.S. § 49-1333(B)(4). The matching contribution may include cash contributions or in-kind contributions. The matching contribution may not include any monies provided by the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-1002 Water Conservation Grant Fund Request for Grant Applications

A. The Authority shall commence a funding cycle for financial assistance from the Water Conservation Grant Fund by issuing a Request for Grant Applications.

B. Adequate public notice of the Request for Grant Applications shall be given at least thirty days before the due date for the submittal of applications.

C. A Request for Grant Applications shall include at least the following information:

1. A description of the nature of the grant project, including the scope of the work to be performed by an awardee;

2. An identification of the funding source and the total amount of available funds;

3. Whether a single award or multiple awards may be made;

4. Encouragement of collaboration by entities for community partnerships, if appropriate;

5. Any additional information required by the applications;

6. The criteria or factors under which applications will be evaluated for award and the relative importance of each criteria or factor; and

7. The due date for submittal of applications.

D. The Authority may hold a preapplication conference before the due date for submittal of applications to explain the grant application requirements. Preapplication Conferences shall be open to the public.

E. Applicants to the Water Conversation Grant Fund shall submit applications in a form acceptable to the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-1003 Water Conservation Grant Fund Order and Priority

A. The Authority shall determine the Order and Priority of applications by applying the evaluative criteria listed in:

1. A.R.S. § 49-1334; and

2. The Request for Grant Applications.

B. For each funding cycle, the Authority shall evaluate and summarize each Grant application received and develop an analysis that provides recommendations to the Water Conservation Grant Committee. The analysis shall include, as applicable:

1. The scope, size, and budget of the proposed Program or project, including as much cost detail as possible;

2. The estimated water savings of the Proposed Program or Project;

3. A summary of any previous assistance provided by the Authority to the applicant; and

4. Any other information deemed necessary by the Authority.

C. In evaluating applications to the Water Conservation Grant Fund, the Authority shall apply following definitions:

"Program" means activities that occur in multiple phases over an established timeframe, and that may result in multiple deliverables.

2. "Project" means activities that are confined to a particular time and place, and that result in a single deliverable.

D. The Water Conservation Grant Committee shall review all eligible Grant applications received during a given funding cycle and provide recommendations to the Board regarding the order and priority of the Grant applications. Specific numeric ranking is not required.

E. The Water Conservation Grant Committee shall provide an opportunity for public comment on the applications during a public meeting.

F. The Water Conservation Grant Committee may recommend the adjustment of the budgets of the applications received individually or collectively.

G. The Water Conservation Grant Committee may require an Applicant to provide additional information before making a recommendation to the Board.

H. The Authority may remove an application from consideration under a given funding cycle under one or more of the following circumstances:

1. The project was financed from another source;

The proposed project is no longer an eligible project;

3. The applicant requests removal;

4. The applicant is no longer an eligible applicant; or

5. The applicant did not update, modify, correct, or resubmit an Application Form in Response to a Request from the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-1004 Water Conservation Grant Fund Application for Financial Assistance

The Authority shall not present an application for consideration unless all the following conditions are met:

1. The application meets all requirements listed in the Request for Grant Applications; and

2. The applicant has demonstrated to the satisfaction of the Authority, an ability to timely perform the program or project.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-1005 Water Conservation Grant Fund Awards

A. After an opportunity for public comment, the Board shall consider the Water Conservation Grant Committee's recommendations and shall determine grant awards during a public meeting.

B. The Board may make modifications to recommendations from the Water Conservation Grant Committee including:

1. Adjustment of an application's budget by an amount or percentage;

2. Adjustment of the order and priority of an individual application or a collective group of applications; or

3. Any other modifications deemed necessary by the Board.

C. If the Board does not affirm the recommendations of the Water Conservation Grant Fund, the Board shall document the specific justifications for the action taken during a public meeting.

D. The opportunity for public comment required under subsection (A) does not need to be at the same meeting in which the Board makes its determination regarding grant awards.

E. The Board may require an Applicant to provide additional information before making a determination regarding a grant award.

F. After Board approval of a grant application, the Authority shall enter into a grant agreement with the grant recipient. The terms of the grant agreement shall be determined by the Authority.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Ariz. Admin. Code § R18-15-1006 Water Conservation Grant Fund Requirements

The duly authorized agent, principal or officer of the applicant shall certify the applicant has not violated any federal, state, or local law pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest, or other unlawful or corrupt practices relating to or in connection with the submission of a grant application to the Water Conservation Grant Fund.

History

• New Section made by final expedited rulemaking at 30 A.A.R. 1982, effective 5/7/2024.

Chapter 16 DEPARTMENT OF ENVIRONMENTAL QUALITY - WATER QUALITY ASSURANCE REVOLVING FUND PROGRAM

Article 2 PRELIMINARY INVESTIGATIONS AND SITE SCORING

Ariz. Admin. Code § R18-16-201 Preliminary Investigations

A. Based on information of a possible release or threatened release of a hazardous substance, the Department may conduct a preliminary investigation to obtain additional information necessary to determine the potential risk to public health, welfare, and the environment in order to score the site and include it on the registry established under A.R.S. § 49-287.01(D).

B. Before conducting a preliminary investigation, the Department shall consider whether the possible release or threatened release of a hazardous substance:

1. Is being addressed by or should be referred to another applicable program administered by the Department or another federal, state or local governmental agency with jurisdiction over the matter; or

2. Is being adequately addressed through voluntary action.

C. At any time before or during a preliminary investigation, if the Department determines that a possible release or threatened release of a hazardous substance is being adequately addressed by another program or agency or voluntarily, the Department may suspend or terminate a preliminary investigation under this Section.

D. A preliminary investigation is a screening level investigation based primarily upon existing information. The Department may collect existing information regarding a release or threatened release of a hazardous substance from any appropriate source, including Department programs, governmental agencies, water providers, complainants, and owners and operators of facilities where the release may have occurred. When existing information, such as soil or water sampling data, cannot be validated, or when sufficient data does not exist, additional data may be collected as necessary.

E. The Department shall terminate the preliminary investigation prior to completion if:

1. The Department determines that the release of a hazardous substance has not occurred and is not likely to occur; or

2. The Department determines:

a. Based on valid sampling data, that soil contaminated by a release of a hazardous substance meets the requirements of A.R.S. § 49-152 and 18 A.A.C. 7, Article 2; and

b. Based on valid sampling data, that the release or a threatened release of a hazardous substance does not and will not result in an exceedance of water quality standards, or if there is no water quality standard, a risk level approved by the Department to protect public health, welfare, and the environment.

F. The Department shall notify affected water providers of the termination of a preliminary investigation under R18-16-201(E).

G. If the Department does not terminate or suspend a preliminary investigation under subsections (C) or (E), the Department shall proceed with the preliminary investigation by collecting any additional information necessary to score a potential site using the eligibility and evaluation site scoring model under R18-16-202 . The Department shall notify affected water providers and affected local governments of the initiation of the preliminary investigation. A work plan shall be developed and implemented to collect additional information and shall include the following information:

1. The location and description of the potential site, including a map.

2. A list of hazardous substances known or suspected to have been released.

A proposal to search available records to determine:

a. The historic and current uses of facilities within the potential site.

b. The physical and environmental conditions within the potential site.

c. Any previous environmental investigations or regulatory involvement by federal, state, or local authorities.

4. A proposal to obtain information from any affected water providers.

H. If the Department determines that additional information is necessary to score a potential site using the eligibility and evaluation site scoring model under R18-16-202, the work plan shall be supplemented with the following information:

1. A conceptual site model to determine:

a. Potential sources of contamination.

b. Potential exposure pathways.

c. Potential human, aquatic, and terrestrial receptors.

2. If sampling is necessary, the work plan shall contain the following information:

a. The objectives of the sampling.

b. A quality assurance project plan.

c. A sampling and analysis plan to verify whether a suspected release has occurred, and if the release has occurred, to adequately characterize the release to score the site using the eligibility and evaluation site scoring model.

d. A health and safety plan consistent with 29 CFR. 1910.120.

I. Following completion of the preliminary investigation, the Department or any person identified under subsection (L) shall prepare a preliminary investigation report. The report shall contain the following information:

Information gathered and reviewed under subsection (G), including a summary of the information with references to relevant reports.

2. If applicable, the conceptual site model developed under subsection (H).

If sampling was conducted under subsection (H):

a. A description of the sampling activities.

b. Analytical results including a summary of the results with references to relevant reports.

c. A map of sample locations.

d. Data quality information including a summary with references to relevant reports.

J. The Department shall approve the preliminary investigation report prepared under subsection (I) if it contains sufficient valid information to score the site using the eligibility and evaluation site scoring model under R18-16-202 or to make a determination that no further investigation or action is needed under subsection (K).

K. Based on a review of the preliminary investigation report prepared under subsection (I), the Department shall:

1. Determine that no further investigation or action is needed using the criteria in subsection (E); or

2. Prepare a draft site registry report under A.R.S. § 49-287.01(B).

L. The Department may allow any person to conduct any part of the preliminary investigation by written agreement. A person requesting to conduct all or any part of a preliminary investigation shall submit a written request to the Department that includes the following information:

1. The name and address of the person making the request and the nature of the relationship of the person to the site.

2. The portion of the preliminary investigation the person wants to conduct.

3. A work plan to conduct the preliminary investigation in accordance with subsection (G).

4. A schedule for completion of the activities specified in the work plan.

5. If requested by the Department, information regarding the financial capability of the person to conduct the work plan.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-202 Site Scoring

In order to score a site or portion of a site, the Department shall use the eligibility and evaluation site scoring model established by the Department on October 3, 1996, which is incorporated by reference. This incorporation by reference does not include any later amendments or editions. A copy of the incorporated material is available for inspection and reproduction at the Arizona Department of Environmental Quality, 1110 W. Washington St, Phoenix, AZ 85007.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Article 3 PUBLIC INFORMATION

Ariz. Admin. Code § R18-16-301 Public Notification and Opportunities for Public Comment

A. If notification by publication in a newspaper is required by A.R.S. Title 49, Chapter 2, Article 5 or by any community involvement plan created under A.R.S. § 49-287.03 and A.R.S. Title 49, Chapter 2, Article 5 does not specify the frequency of the notification, the Department or person publishing notice shall publish notice according to the following minimum requirements:

1. One day in a daily newspaper of general circulation in the county where the site is located; or

2. If other than a daily newspaper, two days in a newspaper of general circulation in the county where the site is located.

B. If notification by direct mail is required by A.R.S. Title 49, Chapter 2, Article 5 or by any community involvement plan created under A.R.S. § 49-287.03 and A.R.S. Title 49, Chapter 2, Article 5 does not specify the form of the mailing, the Department or person providing the notification shall provide the notification according to the following requirements:

1. By bulk or first-class mailing; or

2. If the bulk or first-class mailing would cause unreasonable delay in receiving time-sensitive materials, the Department or person shall provide the notification in a manner sufficient to timely reach those who may be impacted.

C. If an opportunity for public comment is required by A.R.S. Title 49, Chapter 2, Article 5 or by any community involvement plan under § A.R.S. 49-287.03 and A.R.S. Title 49, Chapter 2, Article 5 does not specify the duration during which the public may comment, the Department or person providing the opportunity for public comment shall provide at least 30 calendar days for public comment.

D. The requirements of this Section shall not prevent or delay a timely remedial action that the Director has determined is necessary to address the release or threat of release of a hazardous substance that may present an immediate danger to public health, welfare, or the environment.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-302 Location of Information Repositories

Public information repositories required or authorized under A.R.S. Title 49, Chapter 2, Article 5 shall be located in at least one of the following areas:

1. An office of the Department.

2. A public or semi-public facility to which the public has reasonable access that is substantially equivalent to the access to the public information repository that is provided by the Department.

3. A private facility to which the public has reasonable access that is substantially equivalent to the access to the public information repository that is provided by the Department.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Article 4 REMEDY SELECTION

Ariz. Admin. Code § R18-16-401 Definitions

The following definitions shall apply in this Article, unless the context otherwise requires:

"Alternative remedy" means a combination of remedial strategies and remedial measures different from the reference remedy that is capable of achieving remedial objectives. The alternative remedies are compared with the reference remedy for purposes of selecting a proposed remedy at the conclusion of the feasibility study.

"Comparison criteria" means risk, cost, benefit, and practicability, as those terms are described in R18-16-407(H)(3) . "Community involvement area" has the same meaning as defined in A.R.S. § 49-281(3).

"Contaminant of concern" means a hazardous substance that results from a release and that has been identified by the Department as the subject of remedial action at a site.

"Hazardous substance" has the same meaning as in A.R.S. § 49-281(8).

"Nonrecoverable costs" has the same meaning as in A.R.S. § 49-281(9).

"Proposed remedy" means a combination of remedial strategies and remedial measures which, as a whole, is capable of achieving remedial objectives that is identified at the conclusion of a feasibility study and is incorporated in the proposed remedial action plan.

"Reference remedy" means a combination of remedial strategies and remedial measures which, as a whole, is capable of achieving remedial objectives. The reference remedy is compared with the alternative remedies for purposes of selecting a proposed remedy at the conclusion of the feasibility study.

"Remedial measure" means a specific action taken in conjunction with remedial strategies as part of the remedy to achieve one or more of the remedial objectives. For example, remedial measures may include well replacement, well modification, water treatment, provision of replacement water supplies, and engineering controls.

"Remedial objective" means the goal, as established through the process in R18-16-406, to be achieved by a remedy selected under this Article. Remedial objectives include the following elements:

Protecting against the loss or impairment of identified uses of land and waters of the state;

Restoring, replacing, or otherwise providing for identified uses of land and waters of the state;

Time-frames when action is needed to protect against or provide for the impairment or loss of the use; and

The projected duration of the action needed to protect or provide for the use.

"Remedial strategy" means one or a combination of the six general approaches described in R18-16-407(F) which may be employed in conjunction with remedial measures as part of the remedy to achieve the remedial objectives.

"Remedy" has the same meaning as in A.R.S. § 49-281(13).

"Site-specific human health risk assessment" means a scientific evaluation of the probability of an adverse effect to human health from exposure to specific types and concentrations of contaminants at or from a site. A site-specific human health risk assessment contains four components: identification of potential contaminants; an exposure assessment; a toxicity assessment; and a risk characterization.

"Site registry" or "registry" means the registry of scored sites maintained by the Department under A.R.S. § 49-287.01(D).

"Vadose zone" has the same meaning as in A.R.S. § 49-201.

"Water provider" means the owner or operator of a public water system, an agricultural improvement district, or an irrigation and water conservation district.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-402 Applicability

A. This Article applies to sites on the site registry and as otherwise made applicable by law.

B. This Article applies only to remedial actions as defined in A.R.S. § 49-281. Nothing in this Article is intended to require a remedial action, including a remedy or early response action, to provide for or cover any costs that a property owner, a well owner, or water provider would incur if the release of hazardous substances that is the subject of the remedial action had not affected the property or water supply of the property owner, well owner or water provider. A property owner, well owner or water provider shall not be required to provide reimbursement for coincidental benefits resulting from a remedial action otherwise necessary and appropriate to address a release or threatened release of a hazardous substance. Nothing in this Article shall be interpreted to require remedial action to address a land use that is impaired by properties of materials located on or under that land other than the current or potential exposure to hazardous substances contained in that material.

C. For purposes of this Section, "transition site" means a site that is on the site registry where some remedial action has occurred prior to the effective date of this Article.

D. Any person who has performed any remedial action prior to the effective date of this Article at a transition site may submit a written request for the Department's approval of the remedial action under R18-16-413 if the remedial action has not been approved by the Department prior to the effective date of this Article. The request shall include a description of the remedial action, a demonstration that the work is reasonable and necessary and meets the applicable purposes of this Article, and copies of all documentation of the remedial action for which approval is requested. The Department shall approve:

1. Remedial investigation work performed prior to the effective date of this Article if the work meets the applicable purposes stated in R18-16-406(A) ,

2. Feasibility study work performed prior to the effective date of this Article if the work meets the purposes stated in R18-16-407(A), and

3. Early response action work performed prior to the effective date of this Article if the work meets the purposes stated in R18-16-405(A).

E. Remedial action work approved by the Department prior to the effective date of this Article shall be deemed approved for purposes of this Article. Remedial action work conducted under a work plan approved by the Department prior to the effective date of this Article shall be evaluated for approval by the Department under the terms of the approved work plan.

F. Notwithstanding subsections (D) and (E), neither a remedial investigation nor a feasibility study shall be considered complete under this Article until the information described in R18-16-406(D) is collected, a draft remedial investigation report is prepared and distributed under R18-16-406(F), and remedial objectives are developed under R18-16-406(I) and reported under R18-16-406(J) . Thereafter, the procedures set forth in R18-16-407 through R18-16-412 shall apply to the selection of a remedy based upon the remedial investigation or feasibility study. To the extent that any of the alternative remedies discussed in a feasibility study that is substantially complete before the effective date of this Article will not achieve the remedial objectives, the feasibility study shall be modified so that the alternative remedies achieve remedial objectives. Additional evaluation of alternative remedies, if necessary, shall be conducted in accordance with R18-16-407 and reported in a supplemental report before preparation of a feasibility study report under R18-16-407(I).

G. Notwithstanding anything to the contrary in this Article, this Article shall not apply to certain remedial action plans, written agreements, and court decrees or judgements approved, made or entered prior to the effective date of this Article as follows:

1. If prior to the effective date of this Article, the Department has approved a remedial action plan or entered into a written agreement for work under Title 49, Chapter 2, Article 5, Arizona Revised Statutes, that includes the implementation of a remedy or the substantial equivalent of a remedy for a site or a portion of a site, the terms and conditions of the Department's approval or agreement, and not this Article, shall govern work within the scope of the approved remedial action plan or agreement and any modification thereto.

2. The terms and conditions of any court decree or judgement entered prior to the effective date of this Article, and not this Article, shall govern the work that is within the scope of the court decree and any modification thereto. If the work required by the court decree or judgement does not include the implementation of a remedy or the substantial equivalent of a remedy at a site or a portion of a site, then the selection of a remedy for the site or portion of the site shall be under this Article, and this Article may require additional remedial actions before a remedy can be selected, but a party to the consent decree shall not be required to conduct or pay for the additional remedial actions if the liability of the party is resolved by the court decree.

3. If an approval, agreement, court decree or judgement subject to subsection (G)(1) or (2) addresses only a portion of a site on the site registry and includes the implementation of a remedy or the substantial equivalent of a remedy for that portion of the site, then the work covered by the approval, agreement or decree shall be included as part of the remedial action plan and the record of decision selecting a remedy under this Article for the remainder of the site if agreed to by the parties to the approval, agreement, court decree or judgement.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-403 Scope of Work, Fact Sheet, Outline of the Community Involvement Plan, and Notification of Availability

A. Unless the Department determines that the necessary remedy at a site can be completed within 180 calendar days, the Department shall prepare a scope of work for the remedial investigation and feasibility study, a fact sheet, and an outline of a community involvement plan for the site before the Department conducts a remedial investigation and feasibility study under A.R.S. § 49-287.03.

B. The scope of work for a remedial investigation shall generally describe the extent of the remedial investigation based upon site-specific conditions and information obtained from the preliminary investigation. The scope of work for a remedial investigation shall provide for the preparation of the following, as applicable:

1. Characterization of soil and vadose zone contamination, including identification of sources;

2. Characterization of groundwater contamination, including identification of sources;

3. Characterization of surface water contamination, including identification of sources;

4. Identification of actual and potential human and ecological receptors;

Identification of current and reasonably foreseeable uses of waters of the state that have been or are threatened to be impaired;

6. Identification of current and reasonably foreseeable land uses that have been or are threatened to be impaired;

7. Assessment of current risk to public health;

Assessment of ecological risk;

C. The scope of work for a feasibility study shall generally describe the process for conducting the feasibility study as prescribed in R18-16-407, and may specify additional work to be performed taking into account the information gathered in the remedial investigation.

D. The fact sheet shall include, at a minimum, all of the following:

1. A brief history of the site;

2. A general description of the results of the preliminary investigation, including the known extent of contamination;

3. The site's score determined under R18-16-202;

4. General information regarding the potential risk of and routes of exposure to the contaminants at the site; and

5. The Department personnel to be contacted for further information regarding the site.

E. The outline of a community involvement plan shall generally describe the activities which will be included in the community involvement plan as required by A.R.S. § 49-289.03 and R18-16-404(C).

F. The Department shall provide written notice of the availability of the scope of work, the fact sheet, and the outline of the community involvement plan as required under A.R.S. § 49-287.03(C) to each person who, according to information available to the Department, may be liable for remedial actions. The notice shall state that any person, by written agreement with the Department may develop and implement a remedial investigation work plan or a feasibility study work plan for a site or a portion of a site under R18-16-406 or R18-16-407 . The notice shall be provided in accordance with R18-16-301.

G. The Department shall publish the newspaper notice required by A.R.S. § 49-287.03(C) and shall provide written notice by mail or other delivery to residents, owners or operators of facilities being investigated, commercial occupants, affected water providers and owners of known wells within the community involvement area of the availability of the scope of work, the fact sheet, and the outline of the community involvement plan. These notices shall comply with R18-16-301 . These notices shall also provide an opportunity for a public meeting. If the remedial investigation is being performed within one year of the scoring of the site under A.R.S. § 49-287.01, the notices required by this Section may be combined with the notice required by A.R.S. § 49-289.02.

H. Before implementing a work plan for a remedial investigation or feasibility study, the Department shall prepare a responsiveness summary addressing any public comments on the scope of work as required under A.R.S. § 49-287.03(D).

I. Community involvement under this Article shall comply with Article 3 of this Chapter, except that the community involvement plan may provide for additional requirements.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-404 Community Involvement Requirements

A. The Department or any person who conducts remedial action work at a site on the registry shall conduct community involvement activities in accordance with the requirements of this Section.

B. If the Department has prepared a community involvement plan under subsection (C) or adopted a plan under subsection (D)(1), the Department or any person conducting remedial action work at a site on the registry shall conduct community involvement activities at the site according to the community involvement plan. If the Department has issued a notice under A.R.S. § 49-287.03 for a site, a person may conduct community involvement activities only under a written agreement with the Department. However, a person who submits a notice of remediation under R18-16-415(A) may conduct community involvement activities for the soil remediation described in the notice according to the community involvement plan prepared or adopted by the Department for the site without a written agreement.

C. Unless the Department determines that the necessary remedy at a site can be completed within 180 calendar days, the Department shall prepare and implement a community involvement plan prior to initiating or approving a work plan to implement the remedial investigation or a feasibility study under A.R.S. § 49-287.03. The community involvement plan shall: Unless the Department determines that the necessary remedy at a site can be completed within 180 calendar days, the Department shall prepare and implement a community involvement plan prior to initiating or approving a work plan to implement the remedial investigation or a feasibility study under A.R.S. § 49-287.03. The community involvement plan shall:

1. Be updated annually and shall provide information, if applicable, regarding the establishment of a selection committee and community advisory board. The plan also shall provide for the following required activities:

a. Notification to interested persons of the availability of the work plan developed under R18-16-406(B) to implement the remedial investigation and the solicitation of information from interested persons under R18-16-406(D) regarding the current and reasonably foreseeable uses of the land and waters of the state.

b. Notice to the public of the opportunity to comment on the draft remedial investigation report developed under R18-16-406(F) and public meetings to establish remedial objectives under R18-16-406(I).

c. Notice to the public of the opportunity to comment on remedial objectives proposed under R18-16-406(I)(5) and the availability of the final remedial investigation report prepared by the Department under R18-16-406(J).

d. Notification to interested persons of the availability of the work plan developed under R18-16-407(B) to implement the feasibility study.

e. Notice to the public and notification to interested persons of the availability of the proposed remedial action plan prepared under R18-16-408(A) and of the opportunity to comment on the proposed remedial action plan.

f. Notice to the public of the availability of the record of decision and responsiveness summary prepared by the Department under R18-16-410.

g. Notice to the public and notification to interested persons of availability of and opportunity to comment on the operation and maintenance plan prepared under R18-16-411(E).

h. Notice to the public and notification to interested persons of a request for approval of work under R18-16-413.

i. Newsletters to be distributed to residents and interested persons regarding the status of the remedial action and other pertinent information.

j. Notice within the community involvement area regarding public meetings to provide and discuss information regarding sites on the registry.

k. The location of and types of information contained in a public document repository.

l. Notice to the public and notification to interested persons of a request for a waiver under A.R.S. § 49-290.

m. Notice to the public of field work that is conducted to remove contaminants of concern or that may result in noise, light, odor, dust or other adverse impacts off of the site.

n. Notice to the public of a determination under R18-16-416(B).

o. Notice to the public of community advisory board meetings.

Describe the following procedures for conducting each of the required activities listed in subsection (C)(1).

a. Methods of notice and notification.

b. Identification of a spokesperson to inform the public and act as a liaison.

c. The means to identify interested persons to receive notices.

d. Coordination of community involvement activities with the Department for community involvement conducted by persons other than the Department.

3. In determining how the community involvement activities are to be implemented, the Department shall consider the following:

a. A community profile.

b. Assessment of community concerns and issues through community interviews, public comment, and other means.

c. Public health and environmental impacts.

D. If the Department has not provided notice under A.R.S. § 49-287.03(C) and has not prepared a community involvement plan under subsection (C) or adopted a plan under subsection (D)(1), a person who proposes to conduct remedial action work at a site on the registry shall either:

1. Prepare a community involvement plan for the site according to the requirements set forth in subsection (C) and submit a request under R18-16-413 for the Department to approve the plan and adopt it as the community involvement plan for the site. The Department may approve and adopt a community involvement plan if the plan complies with the requirements of subsection (C).

2. Conduct community involvement activities appropriate to the scope and schedule of the work performed including, as applicable, all of the following:

a. For field work conducted to remove contaminants of concern or that may result in noise, light, odor, dust and other adverse impacts off of the site, provide general public notice prior to conducting the work. The general public notice may be in the form of signage, direct mailing, door hangings, news articles, or any other form of notice that is distributed in an manner sufficient to reach those who may be impacted. The general public notice shall provide a general description of the field work and anticipated adverse impacts, and the name and telephone number of a person who may be contacted for information regarding the field work.

b. Prior to conducting a remedial action that will take more than 180 calendar days to complete, provide general notice regarding the nature of the action and establish a document repository accessible to the public where information regarding the site and the remedial action is available for review. The general notice may be in the form of fact sheets, newsletters, or news articles distributed by direct mailings, door hangings or any other method of distribution sufficient to reach or be accessible to local government agencies, persons within the community involvement area for the site and other persons who have requested information regarding the site. Notice to affected water providers shall be by direct mail. The general notice shall describe the nature and progress of the remedial action, the location of the repository, and provide the name and telephone number of a person who may be contacted for information regarding the remedial action. The document repository shall be accessible during normal business hours and shall contain all documents and information required to be prepared or maintained by this Article and any other documents and information deemed appropriate by the person conducting the work. An updated general notice shall be provided at least once per year while the remedial action is being conducted.

c. Comply with the process for establishing remedial objectives under R18-16-406(F) through R18-16-406(J).

d. Provide notice of the availability of the proposed remedial action plan prepared under R18-16-408 and convene a public meeting prior to the close of the public comment period to provide information concerning the proposed remedial action plan.

E. Copies of notices and notifications required under this Section shall be provided to the Department five days before publication, mailing, posting, or other distribution.

F. Community involvement under this Article shall comply with Article 3 of this Chapter, except that the community involvement plan may provide for additional requirements.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-405 Early Response Actions

A. The Department or any person may perform an early response action if the action is initiated prior to selection of a remedy at a site under R18-16-410 and is necessary to:

1. Address current risk to public health, welfare, and the environment;

Protect or provide a supply of water;

3. Address sources of contamination; or

4. Control or contain contamination where such actions are expected to reduce the scope or cost of the remedy needed at the site.

B. The method or technology used to implement the early response action shall be selected based upon best engineering, geological, or hydrogeological judgment following engineering, geological, or hydrogeological standards of practice, considering the following information:

1. Best available information characterizing the site;

2. Best available scientific information concerning available remedial methods and technologies; and

3. Best available information regarding whether the technology or method could increase the scope or costs of possible remedies for the site or result in increased risk to public health or welfare or the environment.

C. A written rationale shall be prepared for each early response action explaining how the early response action will achieve the applicable goals in subsection (A) and how the early response action is consistent with A.R.S. § 49-282.06(A). The written rationale shall identify the information used to select the early response action as provided in subsection (B), how that information was considered, and how the selected method or technology was selected. Performance of a remedial investigation or feasibility study shall not be required to select or conduct an early response action.

D. A work plan shall be prepared for each early response action. Each work plan shall include:

1. A description of work to be done, a description of known site conditions, and a plan for conducting the work;

2. A description of community involvement activities for the early response action under R18-16-404; and

3. A schedule.

E. If immediate action is necessary to address a current risk to public health or the environment, to protect a source of water, or to provide a supply of water, the work plan and written rationale may be prepared and the community involvement activities may be conducted after commencement of the early response action.

F. Approval of an early response action under this Section does not constitute approval of the remedy for the site. The remedy for a site where an early response action is conducted shall be selected in accordance with R18-16-406 through R18-16-410 . An early response action may be addressed, incorporated and modified as needed in the remedy selected under R18-16-410.

G. After the Department has issued notice under A.R.S. § 49-287.03 for a site or a portion of a site, a person conducting an early response action at a site or portion of a site shall notify the Department, in writing, of the early response action. The notice shall contain a brief description of the early response action and shall be given at least 15 calendar days before the early response action is commenced, or as soon thereafter as practicable depending upon the exigencies of the circumstances. If the early response action has commenced before the Department issues notice under A.R.S. § 49-287.03, written notice of the early response action shall be given within 15 calendar days after the Department's notice is given. After notice of a proposed remedial action plan has been given under R18-16-408(C), an early response action may be initiated only after the Department has approved the early response action.

H. Any person may submit a request to the Department under R18-16-413 to approve an early response action or a work plan for an early response action. The request shall include the work plan and the written rationale for the early response action. The Department shall approve the work plan or early response action if it complies with the following:

1. The requirements of this Section and A.R.S. § 49-282.06(A);

2. Community involvement activities under R18-16-404;

3. The work plan provides for modifications to address unknown or changed conditions; and

4. Any applicable requirements of R18-16-411 and R18-16-412.

I. In considering whether an early response action is necessary to protect or provide a supply of water because a well is threatened by contamination, a well located in the area within 1/4 mile upgradient, 1/2 mile cross-gradient and 1 mile downgradient of the areal extent of contamination at the site shall be presumed to be threatened by the contamination. This presumption may be rebutted by evidence of local hydrology, geology, or geochemistry or by available information regarding the capture zone or rate of flow. In considering whether wells a greater distance from the areal extent of contamination are threatened, any evidence regarding local hydrology, geology, geochemistry, zone of capture, or rate of flow may be considered.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-406 Remedial Investigations

A. The remedial investigation for a site or portion of a site shall:

1. Establish the nature and extent of the contamination and the sources thereof,

2. Identify current and potential impacts to public health, welfare, and the environment,

3. Identify current and reasonably foreseeable uses of land and waters of the state, and

4. Obtain and evaluate any other information necessary for identification and comparison of alternative remedial actions.

B. The Department or any person may perform all or any portion of a remedial investigation, except that once the Department has issued a notice under A.R.S. § 49-287.03 for a site, a person may perform such work only under a written agreement with the Department. A work plan shall be developed and implemented for all or any portion of a remedial investigation for a site or a portion of the site, as follows:

1. The work plan shall demonstrate that the work performed will meet the requirements of subsections (C) and (D) and that the work will be performed in accordance with guidance documents issued by the Department or standards or other guidance documents that are commonly accepted in the scientific community. Standards or guidance documents are considered to be commonly accepted in the scientific community if they are published in peer-reviewed literature such as a professional journal or publication of standards of general circulation, and if there is general consensus within the scientific community about the guidance document or standard.

2. Each work plan shall include the following elements:

a. A description of the work, including any community involvement activities to satisfy any applicable requirements of R18-16-403 or R18-16-404, a statement of justification for the work, and a plan for conducting the work;

b. A quality assurance project plan;

c. A site location map;

d. A schedule;

e. A health and safety plan consistent with 29 CFR 1910.120; and

f. A sampling and analysis plan.

3. A work plan may be modified as work proceeds to address unknown or changed conditions or access problems.

4. Any person proposing to implement a work plan for all or a portion of a remedial investigation shall, before implementing the work plan, notify the Department in writing of the name and address of the working party and a general description of the work being performed. This notice is for the Department's information only and receipt of the notice shall not constitute approval of the work plan. A person seeking approval of a work plan by the Department shall submit a written request under R18-16-413.

C. The remedial investigation, which may be conducted in one or more phases to focus sampling efforts and increase the efficiency of the investigation, shall include field investigations to assess the following factors:

1. Physical characteristics of the site, including important surface features, soils, geology, hydrogeology, meteorology, and ecology;

2. The extent and general characteristics of the hazardous substances released, including physical state, concentration, toxicity, propensity to bioaccumulate, persistence, and mobility;

3. The extent, general characteristics, and degree of the source of the release;

4. Current and reasonably foreseeable exposure routes for the hazardous substances released, such as inhalation, ingestion and dermal;

5. Other factors, such as sensitive populations, that pertain to the characterization of the site or support the analysis of potential remedies; and

6. Current and reasonably foreseeable impacts to aquatic and terrestrial biota.

D. The remedial investigation shall include the collection of information regarding current and reasonably foreseeable uses of land or of waters of the state that have been or are threatened to be impacted by the release, and projected time-frames for future changes in those uses. Reasonably foreseeable uses of land are those uses of land likely to occur at the site. Reasonably foreseeable uses of water are those likely to occur within 100 years unless a longer time period is shown to be reasonable based on site-specific circumstances. Information may be solicited from any interested person including any known well owner. Information collected shall include:

1. Information regarding current and reasonably foreseeable uses of water for each aquifer that is impacted or threatened to be impacted by the release, considering any hydraulic connection between aquifers. The information shall include the locations and uses of existing wells, including all wells already impaired due to contamination, the locations and uses, if known, of any planned wells, and any written water management plans used by water providers whose water supplies may be impacted by the release. This information shall be collected in consultation with affected water providers.

Information regarding current and reasonably foreseeable uses of water for each segment of surface water impacted or threatened to be impacted by the release. This information shall be collected in consultation with affected water providers.

3. Information regarding current and reasonably foreseeable uses of land impacted or threatened to be impacted by the release within the community involvement area. General land use information shall include the current type of use, density, character, and governmental jurisdictions. Future land use changes shall be considered using population projections, growth, plans for future development and local land use plans. This information shall be collected in consultation with local governments with land use jurisdiction. The information collected shall also include specific land uses and property ownership for properties where the land use is impacted or threatened to be impacted by the release.

E. Using the data developed during the field investigation and information collected concerning uses of land and of waters of the state, a site-specific risk evaluation may be conducted to characterize the current risks to public health and the environment from contaminants of concern.

F. Following the collection of data necessary to adequately characterize the site or portion of the site and the collection of information necessary to determine the uses of land and of waters of the state, a draft remedial investigation report shall be prepared, and if prepared by a person other than the Department, submitted to the Department. The draft remedial investigation report shall include the results of any risk evaluation conducted under subsection (E). The draft remedial investigation report may consist of a summary of the data and information collected with references to the supporting documentation and the location of the public repository where those documents may be reviewed. Copies of the draft remedial investigation report prepared by or approved for release by the Department shall be provided to the community advisory board, interested local government agencies, affected water providers, and the Department of Water Resources. Copies of the draft remedial investigation report also shall be made available to the community under the community involvement plan. Public notice shall be given of the opportunity to comment on the draft remedial investigation report. This notice may be combined with the notice given under subsection (I)(1).

G. For remedial objectives used to select a soil remediation remedy, the landowner has the right to identify the type of land use in accordance with A.R.S. § 49-152 and 18 A.A.C. 7, Article 2. If the remedy for the site or portion of a site will address landfill or other non-soil materials other than waters of the state, the landowner may establish the current and reasonably foreseeable uses of its land provided that the remedial objectives for the site are not required to address land uses impaired by properties of materials located on or under the land other than the current or potential exposure to the hazardous substances contained in that material.

H. If the remedy for the site or a portion of the site will not address waters of the state, a final remedial investigation report may be prepared containing the results of the site characterization and a listing of remedial objectives. The remedial objectives shall be based on the current and reasonably foreseeable uses of the property in accordance with subsection (G) and stated in accordance with subsection (I)(4). The report shall be accompanied by responsiveness summaries regarding comments, issues, and concerns regarding the draft remedial investigation report under subsection (F), and if the report is prepared by a person other than the Department, copies of the comments received. The report may be submitted to the Department for review under R18-16-413 . If the Department approves the report, the procedures in subsections (I) and (J) do not apply, and the approved report may be used to select a remedy under R18-16-407(C) or R18-16-407(D) . Notice of the availability of the final remedial investigation report shall be provided with the notice under R18-16-408(C).

I. Except as provided in subsection (H), remedial objectives shall be developed as follows:

1. After the draft remedial investigation report is made available, the Department shall hold 1 or more public meetings to obtain information for purposes of establishing remedial objectives for the site. The Department shall provide notice of the public meeting. If a community advisory board has been formed for the site, public meeting arrangements shall be coordinated with the community advisory board. The initial public meeting shall be held not less than 45 calendar days and not more than 90 calendar days after release of the draft remedial investigation report, unless the Department sets a different date for good cause.

2. At the public meeting, the Department shall solicit and consider proposed remedial objectives for the site. The Department also may receive and consider written information regarding proposed remedial objectives.

3. Remedial objectives shall be generally consistent with the water management plans of all water providers whose water supplies are or may be impaired by the contamination and with the general land use plan established by the local land use jurisdiction.

4. The Department shall prepare a report of the proposed remedial objectives for the site that shall list the current and reasonably foreseeable uses of land and the current and reasonably foreseeable beneficial uses of waters of the state. These uses shall be identified based upon information provided during the public meeting and any other information received. The report shall state the remedial objectives for each listed use in the following terms:

a. Protecting against the loss or impairment of each listed use that is threatened to be lost or impaired as a result of a release of a hazardous substance;

b. Restoring, replacing or otherwise providing for each listed use to the extent that it has been or will be lost or impaired as a result of a release of a hazardous substance;

c. Time-frames when action is needed to protect against or provide for the impairment or loss of the use; and

d. The projected duration of the action needed to protect or provide for the use.

5. The Department shall provide notice and accept and consider public comment on the proposed remedial objectives in the remedial objectives report and shall hold at least 1 additional public meeting if significant public interest exists or if significant issues or information have been brought to the attention of the Department which have not been considered previously.

6. The Department shall prepare a final remedial objectives report.

J. Following the community involvement activities regarding the draft remedial investigation report and the remedial objectives report, a final remedial investigation report shall be prepared containing the results of the site characterization and the final remedial objectives report. The final remedial investigation report shall be accompanied by responsiveness summaries regarding comments, issues and concerns raised in the community involvement process and, if the report is prepared by a person other than the Department, copies of the comments received. After completion of the final remedial investigation report, changes to the remedial objectives are subject to the requirements of subsection (I). The Department shall provide notice of the availability of the final remedial investigation report.

K. Any person, other than a person proposing to perform work under an agreement under A.R.S. § 49-287.03(C), may submit a request under R18-16-413 for the Department to approve a work plan or a report for all or any portion of a remedial investigation. The Department shall approve a work plan for a remedial investigation if the request shows that the work will comply with this Section, community involvement activities will comply with R18-16-404, and the work plan provides for modifications to address unknown or changed conditions or access problems. The Department shall approve a draft remedial investigation report if the work is in compliance with an approved work plan or, if no work plan was approved, the remedial investigation complies with this Section and the community involvement activities have been conducted under this Article.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-407 Feasibility Study

A. The feasibility study is a process to identify a reference remedy and alternative remedies that appear to be capable of achieving remedial objectives and to evaluate them based on the comparison criteria to select a remedy that complies with A.R.S. § 49-282.06.

B. The Department or any person may perform all or any portion of a feasibility study, except that once the Department has issued a notice under A.R.S. § 49-287.03 for a site, a person may perform such work only under a written agreement with the Department. The feasibility study process shall include community involvement procedures in compliance with R18-16-404 and may be reported concurrently with the remedial investigation. A work plan shall be developed and implemented for all or any portion of a feasibility study for a site or a portion of a site, as follows:

1. The work plan shall demonstrate that the work performed will meet the requirements of this Section.

2. A work plan may be modified as appropriate.

3. Any person proposing to implement a work plan for all or a portion of a feasibility study shall, before implementing the work plan, notify the Department in writing of the name and address of the working party and a general description of the work being performed. This notice is for the Department's information only and receipt of the notice shall not constitute approval of the work plan. A person seeking approval of a work plan by the Department shall proceed under R18-16-413.

C. For remedies addressing only soils, an analysis of alternative remedies is not required. A feasibility study report shall be prepared that demonstrates:

1. That the proposed remedy addresses the contaminated soil in a manner that achieves compliance with A.R.S. § 49-152 and 18 A.A.C. 7, Article 2 and will achieve the remedial objectives for the use of the property.

2. That the proposed remedy was selected based upon best engineering, geological, or hydrogeological judgment following engineering, geological, or hydrogeological standards of practice, considering the following information:

a. The remedial investigation;

b. Best available scientific information concerning available remedial methods and technologies;

c. A written analysis explaining how the remedy is consistent with A.R.S. § 49-282.06, including a brief explanation of the comparison criteria as applied to the remedy.

D. For remedies addressing only landfills that have not and will not impact groundwater or similar sites or portions of sites that have not and will not impact groundwater, and that contain material not subject to A.R.S. § 49-152 and 18 A.A.C. 7, Article 2, an analysis of alternative remedies is not required. A feasibility study report shall be prepared that demonstrates:

1. That the proposed remedy is designed to prevent human exposure to hazardous substances through the achievement of:

a. Soil remediation levels established under 18 A.A.C. 7, Article 2, or

b. Site-specific remediation levels based on a site-specific human health risk assessment, meeting a cumulative excess lifetime cancer risk between 1 x 10-4 and 1 x 10-6 and a hazard index no greater than 1. The excess lifetime cancer risk shall be selected by the Department based upon site specific factors including the presence of multiple contaminants, the existence of multiple pathways of exposure, the uncertainty of exposure, and the sensitivity of the exposed population. With prior approval of the Department, a person may achieve a site specific remediation level based on the use of institutional and engineering controls. The approval shall be based in part on the demonstration that the institutional and engineering controls will be maintained.

2. That the proposed remedy was selected based upon best engineering, geological, or hydrogeological judgment following engineering, geological, or hydrogeological standards of practice, considering the following information:

a. The remedial investigation;

b. Best available scientific information concerning available remedial methods and technologies;

c. A written analysis explaining how the remedy is consistent with A.R.S. § 49-282.06, including a brief explanation of the comparison criteria as applied to the remedy.

3. That the proposed remedy will achieve all of the remedial objectives.

E. For remedies other than provided in subsections (C) and (D), the feasibility study shall provide for the development of a reference remedy and at least two alternative remedies as follows:

1. The reference remedy and alternative remedies shall be capable of achieving all of the remedial objectives. The reference remedy and each alternative remedy shall consist of a remedial strategy under subsection (F) and all remedial measures to be employed. The combination of the remedial strategy and the remedial measures for each alternative remedy shall achieve the remedial objectives. The reference remedy and any alternative remedy also may include contingent remedial strategies or remedial measures to address reasonable uncertainties regarding the achievement of remedial objectives or uncertain time-frames in which remedial objectives will be achieved. The reference remedy and other alternative remedies shall be developed and described in the feasibility study report in sufficient detail to allow evaluation using the comparison criteria, but plans at construction level detail are not required. The units of measure set forth in Appendix A may be used, as applicable, for comparison of the relevant factors. Where appropriate, the reference remedy and an alternative remedy may incorporate different strategies for different aquifers or portions of aquifers.

2. The reference remedy shall be developed based upon best engineering, geological, or hydrogeological judgment following engineering, geological, or hydrogeological standards of practice, considering the following:

a. The information in the remedial investigation;

b. The best available scientific information concerning available remedial technologies; and

c. Preliminary analysis of the comparison criteria and the ability of the reference remedy to comply with A.R.S. § 49-282.06.

3. At a minimum, at least two alternative remedies shall be developed for comparison with the reference remedy. At least one of the alternative remedies must employ a remedial strategy or combination of strategies that is more aggressive than the reference remedy, and at least one of the alternative remedies must employ a remedial strategy or combination of strategies that is less aggressive than the reference remedy. For the purposes of this Section, a more aggressive strategy is a strategy that requires fewer remedial measures to achieve remedial objectives, a strategy that achieves remedial objectives in a shorter period of time, or a strategy that is more certain in the long term and requires fewer contingencies. With the Department's approval, one of the minimum required alternative remedies may use the same strategy as the reference remedy but use different viable technologies or a more intensive use of the same technology utilized in the reference remedy.

F. The remedial strategies to be developed under subsection (E) are listed below. Source control shall be considered as an element of the reference remedy and all alternative remedies, if applicable, except for the monitoring and no action alternatives. A strategy may incorporate more than one remediation technology or methodology, such as a plume remediation strategy that consists of a combination of pumping and treating in portions of an aquifer and monitored natural attenuation for other portions of the aquifer. The remedial strategies are:

1. Plume remediation is a strategy to achieve water quality standards for contaminants of concern in waters of the state throughout the site.

2. Physical containment is a strategy to contain contaminants within definite boundaries.

3. Controlled migration is a strategy to control the direction or rate of migration but not necessarily to contain migration of contaminants.

Source control is a strategy to eliminate or mitigate a continuing source of contamination.

5. Monitoring is a strategy to observe and evaluate the contamination at the site through the collection of data.

6. No action is a strategy that consists of no action at a site.

G. Remedial measures necessary for each alternative remedy developed under subsection (E) to achieve remedial objectives or to satisfy the requirements of A.R.S. § 49-282.06(B)(4)(b) shall be identified in consultation with water providers or known well owners whose water supplies are affected by the release or threatened release of a hazardous substance. In identifying the remedial measures, the needs of the well owners and the water providers and their customers, including the quantity and quality of water, water rights and other legal constraints on water supplies, reliability of water supplies and any operational implications shall be considered. Such remedial measures may include, but are not limited to, well replacement, well modification, water treatment, provision of replacement water supplies, and engineering controls. Where remedial measures are relied upon to achieve remedial objectives, such remedial measures shall remain in effect as long as required to ensure the continued achievement of those objectives. The Department may require financial mechanisms to provide for the cost of implementation of the remedial measures.

H. The Department or any person who conducts a feasibility study by agreement with the Department shall conduct a comparative evaluation of the reference remedy and the alternative remedies developed under subsection (E). For each alternative, the evaluation shall be reported in a feasibility study report and shall include:

1. A demonstration that the remedial alternative will achieve the remedial objectives.

2. An evaluation of consistency with the water management plans of affected water providers and the general land use plans of local governments with land use jurisdiction.

3. An evaluation of the comparison criteria, including:

a. An evaluation of the practicability of the alternative, including its feasibility, short and long-term effectiveness, and reliability, considering site-specific conditions, characteristics of the contamination resulting from the release, performance capabilities of available technologies, and institutional considerations.

b. An evaluation of risk, including the overall protectiveness of public health and aquatic and terrestrial biota under reasonably foreseeable use scenarios and end uses of water. This evaluation shall address:

i. Fate and transport of contaminants and concentrations and toxicity over the life of the remediation;

ii. Current and future land and resource use;

iii. Exposure pathways, duration of exposure, and changes in risk over the life of the remediation;

iv. Protection of public health and aquatic and terrestrial biota while implementing the remedial action and after the remedial action; and

v. Residual risk in the aquifer at the end of remediation.

c. An evaluation of the cost of the remedial alternative, including the expenses and losses including capital, operating, maintenance, and life cycle costs. The cost analysis may include the analysis of uncertainties that may impact the cost of a remedial alternative, analysis of projected water uses and costs associated with use-based treatment, other use impairment costs of water not remediated to water quality standards, and the cost of measures such as alternative water supply or treatment. Transactional costs necessary to implement the remedial alternative, including the transactional costs of establishing long-term financial mechanisms, such as trust funds, for funding of an alternative remedy, shall be included in the cost estimate.

d. An evaluation of the benefit, or value, of the remediation. This analysis includes factors such as:

i. Lowered risk to human and aquatic and terrestrial biota;

ii. Reduced concentration and reduced volume of contaminated water;

iii. Decreased liability; acceptance by the public;

iv. Aesthetics; preservation of existing uses;

v. Enhancement of future uses; and

vi. Improvements to local economies.

e. A discussion of the comparison criteria, as evaluated in relation to each other.

I. Based upon the evaluation and comparison of the reference remedy and the other alternative remedies developed under subsection (E), a proposed remedy shall be developed and described in the feasibility study report. The proposed remedy may be the reference remedy, any of the other alternative remedies evaluated in the feasibility study, or a different combination of remedial strategies and remedial measures that were included in the alternative remedies evaluated in the feasibility study. The feasibility study report shall describe the reasons for selection of the proposed remedy, including all of the following:

1. How the proposed remedy will achieve the remedial objectives;

2. How the comparison criteria were considered; and

3. How the proposed remedy meets the requirements of A.R.S. § 49-282.06.

J. Any person, other than a person proposing to perform work under an agreement under A.R.S. § 49-287.03(C), may submit a request in compliance with R18-16-413 for the Department to approve a work plan or a report for all or any portion of a feasibility study. The Department shall approve a work plan for a feasibility study if the request shows that the work will comply with this Section, community involvement activities will be performed in compliance with R18-16-404, and the work plan provides for modifications to comply with this Section. The Department shall approve a feasibility study report if the feasibility study complies with this Section and community involvement activities have been conducted under this Article.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-408 Proposed Remedial Action Plan

A. Following the completion of the feasibility study report under R18-16-407(I), the Department or any person shall prepare a proposed remedial action plan, except once the Department has issued a notice under A.R.S. § 49-287.03, a person may prepare a proposed remedial action plan only under a written agreement with the Department.

B. The proposed remedial action plan shall include the following:

1. A description of the proposed remedy.

2. The information required in A.R.S. § 49-287.04(A).

3. A description of how the proposed remedy will achieve each of the remedial objectives identified in the final remedial investigation report under R18-16-406(J) and how accomplishment of the remedial objectives is to be measured.

4. A description of all recharge, reinjection, discharge, transportation and use of remediated water as defined in A.R.S. § 49-283.01.

C. Notice of the proposed remedial action plan shall be provided as follows:

1. At a site where the A.R.S. § 49-287.03 notice has been provided, notice shall be provided by the Department in accordance with A.R.S. § 49-287.04(B) and the community involvement plan prepared under R18-16-404 . If the Department intends to seek recovery of costs and conduct a cost allocation proceeding for the site, the notice shall also include the following:

a. The information required by A.R.S. § 49-287.04(C).

b. A statement of costs incurred at the site by the Department prior to the date of the notice and projected future costs for the site.

c. All necessary information regarding the opportunities to submit costs, object to costs, or respond to objections to costs under R18-16-409, including a schedule for such submittal, review, objection and response to objection. The time period for submittal of costs shall not be less than 90 calendar days.

d. If on the basis of new information or investigation notice is required to newly-identified parties, the notice sent under A.R.S. § 49-287.04 shall also include the information required by this Section.

2. At a site where the A.R.S. § 49-287.03 notice has not been provided, the person who prepared the plan shall provide notice under R18-16-404 . The notice shall include the information contained in A.R.S. § 49-287.04(C).

D. Any person, other than a person proposing to perform work under an agreement under A.R.S. § 49-287.03(C), may submit a proposed remedial action plan to the Department for approval under R18-16-413 . The plan may be accompanied by a request for a determination of whether cost recovery by the Department may be appropriate under A.R.S. § 49-287.02. If the Department determines that cost recovery by the Department is not appropriate, notice shall be provided under subsection (C)(2).

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-409 Remedial Action Costs Credit

A. Any person seeking credit against potential liability at a site may submit to the Department, within the time period established in the notice given under R18-16-408(D), evidence of costs it has incurred or will incur for remedial actions undertaken at the site. The evidence of costs submitted shall include:

1. Two copies of an itemized statement of costs, including a certification by the person submitting the statement that the statement is true, accurate and complete;

2. Sufficient supporting documentation to establish that the costs are consistent with A.R.S. § 49-282.06 and this Article; and

3. An agreement in which the person submitting the evidence of costs agrees to reimburse the Department for the Department's costs under subsection (F).

B. Any itemized statements of costs submitted shall be available for review at both the repository for the site and the Department on or after the expiration of the time period established in subsection (A).

C. Within a reasonable period of time set by the Department but not less than 30 calendar days, any person may object in writing to costs submitted by the Department or any other person under this Section. Written objections shall identify the specific costs to which the party objects and shall state specific reasons for the objection. Two copies of the objections shall be submitted to the Department and one copy of the objections shall be submitted to the person whose costs are the subject of objection.

D. The Department and each person who submits an itemized statement of costs shall have an opportunity to respond to any objections within the time period specified in the notice given under R18-16-408 subsection (C) or (D). Two copies of the response shall be submitted to the Department and one copy of the response shall be submitted to the person objecting to the costs.

E. The Department shall evaluate the statements of costs submitted, any objections to such statements, or other information available to the Department and shall approve those costs determined by the Department to be recoverable and in substantial compliance with A.R.S. § 49-282.06. The Department shall prepare a list of these approved costs for inclusion as part of the total estimated costs of the remedy in the record of decision under R18-16-410.

F. Any person who requests the Department's approval of costs under this Section shall reimburse the Department for the total reasonable cost to the Department for the review unless the Department waives all or a part of the reimbursement. The total reasonable costs include direct and indirect costs to the Department in conducting these activities. Costs that are reimbursed to the Department by a person that obtains the Department's approval of costs under this Section constitute remedial action costs that may be recovered from responsible parties.

G. The Department shall give credit not exceeding the amount of a person's liability for the costs approved under this Section. Nothing in this Article shall create a right of reimbursement from the fund for any costs incurred or to be incurred at a site.

H. If the remedial action for which approval of costs is sought under this Section has not been previously approved by the Department, the submittal under subsection (A) shall be accompanied by a request for approval of the remedial action under R18-16-413.

I. This Section is the exclusive process for the Department to approve the costs of a remedial action, and no other Department approval of a remedial action shall be considered as an approval of the costs of that remedial action.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-410 Record of Decision

A. After the conclusion of all required public comment periods prescribed by A.R.S. § 49-287.04, the Department shall prepare a record of decision regarding the proposed remedial action plan. However, any person may prepare a proposed record of decision for consideration by the Department under R18-16-413 by submitting copies of the final remedial investigation report, the final feasibility study report, the proposed remedial action plan, all public comments and a proposed record of decision.

B. The record of decision shall contain the following:

1. A description of the remedy, including a description of any differences from the proposed remedial action plan.

2. A comprehensive responsiveness summary regarding all comments received on the proposed remedial action plan.

3. A description of how the process for selecting the remedy complied with A.R.S. Title 49, Chapter 2, Article 5 and this Article, including all public comment and community involvement requirements.

4. A demonstration that the remedy selected will achieve the remedial objectives selected in R18-16-406 and will remain in place as long as necessary to ensure continued achievement of those objectives.

5. A demonstration that the remedy selected meets the requirements of A.R.S. § 49-282.06 and this Article.

6. A time for commencing implementation of the remedy and a specific time period for completing the remedy.

7. The total estimated cost of the remedy.

8. A time-frame for review of the remedy to determine the effectiveness of the remedy in achieving the remedial objectives.

C. The total estimated cost of the remedy shall include:

1. Remedial action costs other than nonrecoverable costs incurred by the Department, including credit given in a settlement.

2. Remedial action costs other than nonrecoverable costs incurred by the state.

3. Remedial action costs other than nonrecoverable costs that have been approved by the Department under R18-16-409.

4. Projected future remedial action costs other than nonrecoverable costs.

D. The record of decision shall be issued only by the Department. Notice of the record of decision shall be provided under A.R.S. § 49-287.04(G) and R18-16-404.

E. A record of decision may be amended in accordance with A.R.S. § 49-289(B), (C), and (D).

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-411 Design, Implementation, Operation and Maintenance of the Early Response Action or Remedy

A. Any person who intends to implement all or any portion of a remedy or an early response action shall obtain the Department's approval when required in either a record of decision or under subsection (C) or (E). The design and implementation of the remedy shall conform with the remedial action plan as adopted in the record of decision.

B. If the remedy or an early response action includes well replacement or provision of an alternative water supply, the Department or any person developing the design shall consult with the affected well owner or water provider. For a well owner, the design of that portion of the remedy or early response action shall meet the well owner's water quality and quantity needs in accordance with A.R.S. § 49-282.06(B)(4)(b) and R18-16-407(G) . For a water provider, the design of that portion of the remedy or early response action shall:

1. Comply with laws and regulations governing the water provider's obligations to its customers;

2. Be implementable without significant alteration of the water provider's existing system; and

3. Meet the water provider's water quality and quantity needs in accordance with A.R.S. § 49-282.06(B)(4)(b) and R18-16-407(G).

C. The Department's approval of the design of any water treatment facilities is required prior to the construction as part of the remedy or an early response action. The design shall be based on an evaluation of potential treatment system failure that could affect public health and shall incorporate safeguards including any site-specific engineering and operation controls necessary to assure protection of public health against such failure. The safeguards shall incorporate, at a minimum, if applicable to the technology:

Monitors and alarms on all key treatment system components, e.g. power, air flow.

2. Automatic termination of discharge from the treatment system when monitors detect abnormal operation of key treatment system components.

D. If operation and maintenance of a remedy following completion of construction are necessary to ensure the continued achievement of the remedial objectives, an operation and maintenance plan shall be prepared and implemented.

E. The Department's approval of an operation and maintenance plan shall be required for each WQARF site where the remedy or an early response action involves treatment of water to remove contaminants of concern at the site. The community advisory board, if one has been established for the site, shall be provided with the opportunity to comment on the operations and maintenance plan. Notice and community involvement shall be in accordance with R18-16-404 . The operation and maintenance plan shall include:

Certification by the Department that the elements of the operations and maintenance plan adequately protect public health against treatment system failure.

2. A schedule and plan for water quality monitoring.

3. A requirement that affected water providers receive a copy of the completed application and a copy of the final permit for any National Pollutant Discharge Elimination System permit for the site.

4. A process for the treatment system operator to promptly notify potentially affected water providers of a failure of a key treatment system component that could affect the quality of a discharge of treated water.

5. For a discharge to a water of the United States, operational, maintenance and management practices to assure achievement of water quality discharge standards established in 18 A.A.C. 11 prior to the point of discharge for those volatile organic compounds which are contaminants of concern at the site.

F. Any person who intends to implement any portion of a remedy may request the Department to approve the design or the operation and maintenance plan. A request for approval of a remedial design shall be submitted in accordance with R18-16-413 . The Department shall approve any remedial design that is in compliance with this Section and the remedial action plan as adopted in the record of decision.

G. The well owner or water provider whose water use is being addressed may, in its sole discretion, elect to construct, operate, or construct and operate the water treatment, well replacement or alternative water supply component of the remedy or early response action which is designed to address its use. This election shall not alter the responsibility of the Department or any person under A.R.S. Title 49, Chapter 2, Article 5 to fund all or a portion of the remedy or early response action. The well owner or water provider shall enter into a written agreement with the appropriate person that will govern the terms of the construction, operation or construction and operation of the water treatment, well replacement or alternative water supply component of the remedy.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-412 Innovative Technologies

A. The Department may approve the use of an innovative technology for a site if the Department determines that the technology has been demonstrated to be reasonably likely to achieve its objectives and meets the other criteria set forth in this Article. Such a demonstration may be made through pilot or bench testing studies, peer reviewed studies, or other appropriate means of demonstration. If an innovative technology is approved as part of a remedy, the remedial action plan shall provide for a contingency in the event that the technology fails to achieve its objectives.

B. The Department may use monies from the WQARF fund to contract for review of an innovative technology.

C. The Department may provide incentives for the selection of the innovative technology that may include the following:

1. The Department may agree not to assess penalties, issue a notice of violation, pursue an order, or take other enforcement action authorized by law for a delay that is caused by the use of the innovative technology provided that the party conducting the remedial action remains in compliance with the plans for implementing the innovative technology and implements a contingent remedial action in a timely manner.

2. The Department may use monies from the Water Quality Assurance Revolving Fund to finance some or all of the use of the innovative technology.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-413 Approval of Remedial Actions Under A.R.S. section 49-285(B)

A. Any person who seeks approval of a remedial action at a site or a portion of a site on the registry under A.R.S. § 49-285(B) shall submit a written request to the Department that contains all of the following:

1. The name and address of the person submitting the request and the nature of the relationship of the person to the site, if any.

2. The location and boundaries of the site or portion of the site addressed by the remedial action

3. The nature, degree, and extent of the hazardous substance contamination, if known.

4. A description of any remedial action performed before the request is submitted.

5. A work plan for any remedial action to be performed after the request is submitted.

6. A demonstration of how the remedial action complied, or will comply, with this Article.

7. A proposal for public notice and an opportunity for public comment on the application for approval under this Section. The proposal shall include a list of the names and addresses of persons whom the applicant believes to be responsible parties under A.R.S. § 49-283 and a summary of the basis for that belief.

8. An agreement in which the person requesting the approval agrees:

a. To grant access to the Department as necessary to evaluate the request for approval.

b. To reimburse the Department for the Department's costs under subsection (G).

9. An original seal imprint and signature of a registered professional if required by the Arizona Board of Technical Registration under A.R.S. Title 32, Chapter 1 and the rules made under that Chapter.

B. A request for approval under this Section may be combined with a no further action request under R18-16-414.

C. The Department may request additional information necessary to evaluate or to take action on the request for approval.

D. The Department shall provide notice of the request for approval and of the opportunity to comment on the request for approval.

E. The Department shall, after considering public comments, approve a remedial action under this Section if the Department determines that the remedial action is in substantial compliance with this Article. The Department's approval shall be in writing and shall state the basis for the approval.

F. The Department may deny approval of a remedial action under this Section if the remedial action does not meet the requirements of this Article, may request additional information, may request modification of the remedial action, or may condition approval of the remedial action on modifications necessary to achieve substantial compliance with this Article.

G. The person making the request for approval shall reimburse the Department for the total reasonable cost of the Department's review and action under this Section, including costs of notices, unless the Department waives all or part of the reimbursement. The total reasonable costs include direct and indirect costs to the Department in conducting these activities.

H. Approval of a remedial action under this Section does not constitute approval of the costs of conducting the remedial action.

I. A remedial action approved by the Department under this Section shall be deemed to be in substantial compliance with this Article. The Department's approval under this Section is not required to preserve any right to recover remedial action costs under A.R.S. § 49-285.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-414 Determination of No Further Action

A. The Department shall determine that no further action is necessary at a site or a portion of a site if, based upon the information submitted under A.R.S. § 49-287.01, the Department finds that the site or portion of the site does not present a significant risk to the public health, welfare, or the environment. The determination may be made by the Department based upon any of the following:

1. A finding by the Department that the requirements of A.R.S. § 49-152 and 18 A.A.C. 7, Article 2 have been met shall be sufficient to support a determination that no further action is necessary for soils at the site or a portion of the site.

2. A finding by the Department that no hazardous substances at the site or a portion of the site have impacted or will impact groundwater shall be sufficient to support a determination that the site or a portion of the site does not present a significant risk to groundwater.

3. The determination of no further action for waters of the state at a site or a portion of the site may be made by the Department based upon any of the following:

a. A finding that the site or portion of a site has been remediated under a Title 49 program other than A.R.S. Title 49, Chapter 2, Article 5.

b. A finding that the release of a hazardous substance does not and will not exceed water quality standards in Title 18, Chapter 11 or if there is no water quality standard, a risk level approved by the Department to protect public health, welfare, and the environment.

c. A finding that there is no current or reasonably foreseeable use of water that would be impaired by the release, as determined by information collected under R18-16-406.

B. A determination of no further action for a site or a portion of a site shall be published in the registry.

C. If the remedial action for which a no further action determination is sought under this Section has not been previously approved by the Department, the submittal under subsection (A) may be accompanied by a request for approval of the remedial action under R18-16-413.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-415 Soil Remediation

A. Soil remediation may be conducted as part of a remedy selected under R18-16-410 or may be conducted by any person at a site or portion of a site on the registry prior to the selection of a remedy if the following requirements are met:

1. The soil remediation is performed in accordance with A.R.S. § 49-152 and 18 A.A.C. 7, Article 2.

2. Community involvement activities are conducted in accordance with R18-16-404.

3. A notice of remediation under R18-7-210 is prepared and submitted to the Department before the remediation is conducted. The notice of remediation shall be accompanied by a written report including the information described in R18-16-406(C)(1), (2), and (3). If the Department has issued a notice under A.R.S. § 49-287.03 for the site or portion of a site, the notice of remediation shall be submitted to the Department 15 calendar days before commencing the remediation or, if the remediation has commenced prior to the Department's notice, within 15 calendar days after the Department's notice is given.

B. Submission of the information required under subsection (A) to the Department shall not be considered to be an approval of the soil remediation. Approval of a work plan for soil remediation work to be performed or approval for remediation performed under this Section may be obtained by submitting a request under R18-16-413 . The Department shall approve the request if the request demonstrates that the soil remediation was conducted in accordance with this Section.

C. The Department may request any additional information regarding the soil remediation in accordance with A.R.S. § 49-288.

D. The Department may include information regarding soil remediation conducted under this Section in a record of decision for a remedy for the site or portion of the site under R18-16-410.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-416 Satisfaction of Settlement Agreement and Achievement of Remedial Objectives

A. If the Department enters into a settlement under A.R.S. § 49-292 with a person who agrees to perform all or any portion of the remedy, the settlement agreement shall include criteria to determine when the work required by the settlement agreement is completed. A party to the settlement agreement who has performed all or a portion of a remedy may request a determination that the required work has been completed. The request shall describe how the requirements of the settlement agreement have been satisfied. The Department may require additional information to consider the request.

B. Any person may request that the Department determine whether each of the remedial objectives for the site have been satisfied and will continue to be satisfied. The request shall demonstrate how the remedial objectives have been satisfied in accordance with the remedy and will continue to be satisfied, including information regarding any financial mechanisms in place to ensure the continued satisfaction of the remedial objectives. The Department may require additional information to consider the request. The Department shall issue notice of the request and provide an opportunity for public comment. Based upon the request and the public comments, the Department shall issue a written determination to approve or deny the request. If the request is approved, the written determination shall identify all actions that must continue to be taken to continue to satisfy the remedial objectives for the site.

C. Following an approval under subsection (B), the Department shall not undertake or require additional remedial action under this Article for the site or portion of the site other than the actions stated in the determination under subsection (B). However, the Department may reopen an investigation and take or require additional remedial action for any of the following reasons:

1. On discovery of new information which would result in the potential denial of a request under subsection (B).

2. That information submitted to the Department under subsection (B) was inaccurate, misleading, or incomplete.

3. The reopening of an investigation or the taking of a remedial action is necessary to respond to a release or the threat of a release of a hazardous substance that may present an imminent and substantial danger to the public health, welfare, or the environment.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Article 5 INTERIM REMEDIAL ACTIONS

Ariz. Admin. Code § R18-16-501 Definitions

In addition to the definitions set forth in A.R.S. § 49-281, the following definitions shall apply in this Article, unless the context otherwise requires:

"Abandoned well" means a well that has been permanently sealed or closed with cement or a cement-bentonite mixture that cannot be re-entered except by redrilling the wellbore, or a well that has been formally abandoned under R12-15-816.

"Currently supplies water" means a well that supplies water at the time the request for interim remedial action is submitted to the Department. Wells that supply water as needed to meet demand, including wells that serve water on an infrequent basis, are considered to currently supply water under this definition.

"Department" means the Arizona Department of Environmental Quality.

"Interim remedial action" means an action taken by the Department or by a well owner or operator under A.R.S. § 49-282.03.

"Part of a public water system" means a well that is owned or operated by an operator of a public water system, but has not been abandoned. A well that has been capped, air gapped or closed due to contamination, but not abandoned, shall be considered part of a public water system.

"Public water system" has the same meaning as defined in 42 U.S.C. § 300f.

"Registry sites" means sites that have been investigated and placed on the Water Quality Assurance Revolving Fund registry of sites.

"Remedy" has the same meaning as defined in A.R.S. § 49-281(13).

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-502 Eligibility

A. A well is eligible for consideration for funding or performance of interim remedial action if a remedy has not been selected and the well meets the following criteria:

1. The well currently supplies water for municipal, domestic, irrigation, or agricultural use or is currently part of a public water system;

The well produces water, or in the reasonably foreseeable future will produce water, that is not fit for its current or reasonably foreseeable end-use without treatment due to the release of hazardous substances at or from a site on the registry; and

3. The well is not an abandoned well.

B. Only costs directly related to an interim remedial action approved by the Department are eligible for funding from a grant from the Water Quality Assurance Revolving Fund. Costs incurred by any person after the date of submittal of a complete request which meets the requirements of R18-16-503 are eligible for funding if the request and proposed interim remedial action are subsequently approved by the Department. Costs incurred by any person prior to the submittal of a request under R18-16-503 are not reimbursable by the Department.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-503 Request for Interim Remedial Action

A. Any person may request that the Department perform or provide a grant for an interim remedial action. The request shall be in writing and shall include a statement describing the eligibility of the well under R18-16-502 and a statement describing the reasons why interim remedial action is appropriate considering the factors in R18-16-504(A)(1) through (4) . The request shall also include all of the following information that is in the possession of or is readily available to the person submitting the request:

1. A description of the well, including its location, Arizona Department of Water Resources registration number, construction details, and water production history.

2. An explanation of any water rights associated with the well and uses of the well, including any quality and quantity requirements associated with the end use of the water.

3. Any available water quality and water level data from the requesting party's wells that are the subject of the request.

Information that demonstrates that the well is contaminated or threatened by contamination from a release of hazardous substance from a registry site.

5. A proposal for interim remedial action, including a description of the proposed action, a schedule for implementation, and an estimate of the cost of the action.

6. A description of reasonable alternate interim remedial actions, costs associated with each alternative, and documentation supporting a finding that the proposed interim remedial action is the minimum necessary to address the loss or reduction of available water until a remedy is selected.

7. A description of any impacts the loss of the well would have on any assured water supply designation or any adequacy statement under 12 A.A.C. 15, Article 7, or on the ability of the water system to meet its legal obligations or its customer or user needs.

8. A description of the person's interest in the well and any limitations on the owner or operator's legal rights to use the well.

B. If the person requesting interim remedial action intends to perform all or part of the remedial action work, the Department may require submittal of a detailed work plan for the proposed action.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1). Amended by final expedited rulemaking at 29 A.A.R. 3516, effective 10/17/2023.

Ariz. Admin. Code § R18-16-504 Review and Approval of Requests for Interim Remedial Action

A. The Department shall approve or deny requests for interim remedial action or request modifications to the proposal based on the following:

1. Whether immediate action may prevent contamination of the well.

Whether immediate action is necessary to provide for supply of water because contamination of the well is imminent.

3. Whether the well is currently contaminated, and there are water supply needs including needs related to drought or emergency supply that would be addressed by the well but for the contamination.

4. Whether the well is critical to the ability to satisfy the water supply needs of the well's users, including drought or emergency supply needs.

5. Whether the proposed action or alternative actions are the minimum necessary to address the loss or reduction of water.

6. Whether a proposed action is likely to be inconsistent with the final remedy.

7. Any information that might reasonably suggest that the party requesting the interim remedial action is responsible for the release of hazardous substances contaminating the well.

8. Funding considerations of the Department.

B. The Department may gather additional information before making a decision under subsection (A).

C. The Department shall condition approval of the request for interim remedial action upon execution by the requesting party of the following:

1. A reimbursement agreement under R18-16-505(C).

2. An agreement, as appropriate, to provide the Department access to the property at reasonable times for the purpose of conducting or overseeing the interim remedial action or to gather information necessary to evaluate the interim remedial action.

D. If any person other than the Department performs the work, the Department shall require that person to submit contracts, invoices or other evidence that the work was performed.

E. The Department may initiate an early response action in lieu of granting the request for interim remedial action if the requested remedial action meets the requirements of R18-16-405.

F. An interim remedial action shall be the minimum action necessary to address the loss or reduction of water available to well users during the period before selection and implementation of a final remedy at a site. The Department may approve an action that provides a permanent solution to the water supply problem if a temporary solution is unavailable, more expensive, or incapable of fully addressing the problem during the period before a final remedy is implemented for the site.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Ariz. Admin. Code § R18-16-505 Reimbursement

A. If, in the record of decision, the Department determines that the interim remedial action taken was not necessary, based on criteria established in A.R.S. § 49-282.06, the Department shall require the person requesting the interim remedial action to reimburse all costs incurred in taking that action.

B. A person requesting the interim remedial action who is later determined by the Department to be a responsible party contributing to the contamination of the affected well shall reimburse the Department for all costs incurred by the Department in conducting or funding the interim remedial action.

C. The Department shall provide the person requesting the interim remedial action with a reimbursement agreement that clearly states the conditions under which the person requesting the interim remedial action must reimburse the Water Quality Assurance Revolving Fund. The person requesting the interim remedial action shall execute the reimbursement agreement as a prerequisite to approval of the interim remedial action. The Department may require that the person requesting the interim remedial action provide financial assurance for the obligation to reimburse the Water Quality Assurance Revolving Fund.

History

• New Section made by exempt rulemaking at 8 A.A.R. 1491, effective March 4, 2002 (Supp. 02-1).

Chapter 17 DEPARTMENT OF ENVIRONMENTAL QUALITY - POLLUTION PREVENTION

Article 1 GENERAL

Ariz. Admin. Code § R18-17-101 Reserved

Ariz. Admin. Code § R18-17-102 Expired

History

• New Section adopted by exempt rulemaking at 5 A.A.R. 3707, effective September 17, 1999 (Supp. 99-3). Amended by exempt rulemaking at 6 A.A.R. 2302, effective May 30, 2000 (Supp. 00-2). Amended by exempt rulemaking at 7 A.A.R. 2519, effective May 21, 2001 (Supp. 01-2). Amended by exempt rulemaking at 8 A.A.R. 5230, effective February 2, 2003 (Supp. 02-4). Section expired under A.R.S . § 41-1056(J) at 23 A.A.R. 3429, effective October 10, 2017 (Supp. 17-4).

Chapter 18 DEPARTMENT OF ENVIRONMENTAL QUALITY - EMERGENCY PLANNING AND HAZARDOUS MATERIALS TRAINING

Article 1 EMERGENCY PLANNING AND COMMUNITY RIGHT TO KNOW

Ariz. Admin. Code § R18-18-101 Definitions

A. The definitions in A.R.S. § 49-121 apply to this Chapter.

B. In this Article, unless specified otherwise:

1. "Emergency planning district" means an area that the Commission designates to facilitate preparing and implementing an emergency response plan.

2. "EPA" means the United States Environmental Protection Agency.

"EPCRA" means the Emergency Planning and Community Right-to-Know Act of 1986, commonly known as SARA Title III.

4. "FD" means local fire department or the fire district with jurisdiction for a particular facility.

5. "Hazardous substance" means a substance on the list that appears at 40 CFR 302.4.

6. "LEPC" means "Committee," as prescribed at A.R.S. § 49-121.

7. "MSDS" means material safety data sheet and has the same meaning as prescribed at 40 CFR 370.02 .

87. "NIMS" means National Incident Management System.

98. "Reportable release" means a release that is not excluded under 40 CFR 355.40.

109. "TPQ" means threshold planning quantity and has the same meaning as prescribed at 40 CFR 355.20.

History

• New Section R18-18-101 recodified from R8-4-101at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1706, effective 5/8/2025.

Ariz. Admin. Code § R18-18-102 General Provisions

A. The Commission shall make all forms referenced in this Chapter available on its internet site.

B. The owner or operator of a facility that is required to submit information under this Article may submit the information electronically to the Commission and LEPC and to the FD if, as indicated on the Commission's web site, the FD has entered into an agreement with the Commission regarding electronic submission.

C. When the chair of an LEPC forwards to the Commission an item requiring action by the Commission before its next meeting, the Executive Director of the Commission shall respond to the LEPC on behalf of the Commission until the Commission takes action at its next meeting.

History

• New Section R18-18-102 recodified from R8-4-102 at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R18-18-103 Responsibilities of an LEPC

A. Members of an LEPC shall fulfill the responsibilities listed at 42 U.S.C. 11001(c), January 5, 2023, which is incorporated by reference, contains no future editions or amendments, and is available from the Commission and the U.S. Government Publishing Office, P.O. Box 371954, Pittsburgh, PA 15250, at https://www.govinfo.gov/link/uscode/42/11001.

B. In addition to the responsibilities under subsection (A), members of an LEPC shall:

Establish procedures for access to the Local Emergency Response Plan;

2. Evaluate the resources needed to develop and implement the Local Emergency Response Plan and make recommendations to the County Board of Supervisors and the Commission regarding mechanisms to provide the resources needed;

3. Ensure that newly appointed LEPC members participate in training provided by the Commission regarding the responsibilities of LEPC members; and

4. Ensure that LEPC members are aware of and have the opportunity to attend Commission-sponsored meetings regarding matters related to emergency planning and preparedness.

History

• New Section R18-18-103 recodified from R8-4-103at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1706, effective 5/8/2025.

Ariz. Admin. Code § R18-18-104 Emergency Planning and Preparedness

A. If a facility is required to comply with 40 CFR.355.10, the owner or operator of the facility shall also comply with the emergency planning and preparedness requirements in this Section.

B. If a facility is designated by the Commission under A.R.S. § 49-127(B), the owner or operator of the facility shall comply with the emergency planning and preparedness requirements in this Section and the reporting requirements of R18-18-107.

C. No later than 60 days after a facility first becomes subject to the emergency planning and preparedness requirements of this Section, the owner or operator of the facility shall submit a facility emergency response plan according to A.R.S. § 49-127(D). The owner or operator of the facility may submit the facility emergency response plan by completing and submitting an Emergency Response Plan Template, which is available from the Commission, at https://tier2.azserc.org/Content/HelpLinks/FERP%20Template%202021.pdf.

D. The owner or operator of a facility that submits an Emergency Response Plan Template under subsection (C) may also submit a Hazard Analysis Worksheet for each extremely hazardous substance at the facility that equals or exceeds the TPQ.

E. On or before March 1 of each year, the owner or operator of a facility described in subsection (A) or (B) shall:

1. Review and determine whether the facility emergency response plan submitted under subsection (C) is still accurate and, if changes are needed to ensure that the facility emergency response plan is accurate, submit information regarding the relevant changes. If information regarding relevant changes to the facility emergency response plan is submitted, the owner or operator of the facility may revise and submit the Hazard Analysis Worksheet previously submitted under subsection (D); and

2. Comply with R18-18-107(C).

History

• New Section R18-18-104 recodified from R8-4-104with amendments to Chapter Section and subsection references at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1706, effective 5/8/2025.

Ariz. Admin. Code § R18-18-105 Local Emergency Response Plan

A. Within 12 months after the Commission designates a new emergency planning district and appoints members of an LEPC for the newly designated emergency planning district, the LEPC shall prepare an emergency response plan that complies with the requirements at A.R.S. § 49-125(E) and complies with NIMS.

B. On or before December 31 of each year and when there are changed circumstances in the community or at a facility, an LEPC shall review and update the emergency response plan for its emergency planning district.

C. An LEPC shall submit a copy of the emergency response plan prepared under subsection (A) or (B) to the Commission.

D. Within 60 days after the Commission receives a copy of an emergency response plan under subsection (C), the Commission staff shall:

1. Review the emergency response plan and make recommendations for revisions necessary to ensure that the emergency response plan complies with law and coordinates with the emergency response plans of adjoining emergency planning districts; and

2. Return the emergency response plan and recommendations to the LEPC.

E. An LEPC shall ensure that the emergency response plan prepared under subsection (B) and reviewed and amended under subsection (D) is incorporated into the county's emergency operations plan in accordance with county procedures.

F. At least biennially and after providing at least 30 days notice to the Commission, an LEPC shall conduct an exercise of its emergency response plan.

G. On or before December 31 of each year, an LEPC shall survey its emergency planning district to determine how many copies of the U.S. Department of Transportation Emergency Response Guidebook are needed and forward the information regarding the number of copies needed to the Commission.

History

• New Section R18-18-105 recodified from R8-4-105at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1706, effective 5/8/2025.

Ariz. Admin. Code § R18-18-106 Reportable Release Notification

The owner or operator of a facility at which a reportable release occurs shall:

1. Comply with the notification requirements of A.R.S. § 49-125(E);

2. Submit the written follow-up emergency notice required under A.R.S. § 49-128(B); and

3. Update the notice provided under subsection (2) as required under A.R.S. § 49-128(C).

History

• New Section R18-18-106 recodified from R8-4-106at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1706, effective 5/8/2025.

Ariz. Admin. Code § R18-18-107 Extremely Hazardous Substance (EHS) or Hazardous Chemical Reporting

A. The owner or operator of a facility shall comply with the extremely hazardous substance and hazardous chemical reporting requirements of 40 CFR 370, Subparts B and C, July 1, 2023, which is incorporated by this reference, contains no later amendments or editions, and is available from the Commission and the U.S. Government Publishing Office, P.O. Box 371954, Pittsburgh, PA 15250, at https://www.govinfo.gov/content/pkg/CFR-2023-title40-vol30/pdf/CFR-2023-title40-vol30-part370-sub-partB.pdf.

B. As required by A.R.S. § 49-130, an owner or operator described in subsection (A) shall submit a Tier Two Emergency and Hazardous Chemical Inventory Form, using a form available from the Commission, by March 1 of each year. All facilities subject to this reporting requirement shall be subject to the Tier II Emergency and Hazardous Chemical Inventory Reporting fee schedule:

1. Each owner or operator of a facility required to file a hazardous chemical inventory report or reports (Tier II Reports) under the provisions of 42 U.S.C. § 11022 will be assessed a report filing fee of $75.00 for the first required facility report and an additional fee of $20.00 for each additional required facility report up to a maximum limit of $500 per annual reporting period.

2. Owners or operators of facilities meeting the following conditions are exempt from the reporting fee or fees:

a. Any business or other outlet that primarily reports or sells gasoline, diesel and other motor fuel only at retail to the public.

b. Any business or other outlet that only files a Tier II report to claim lead acid batteries.

c. Any business or other outlet that only files a Tier II report to claim diesel or gasoline.

d. Any business or other outlet that resides on tribal lands or a tribal Nation and must report to a Tribal Emergency Response Commission (TERC) or Chemical-Tribal Emergency Response Commission (C-TERC).

C. If a facility ceases to meet the minimum reporting thresholds of 40 CFR 370, Subpart B, for EHS and hazardous chemical reporting with regard to a specific EHS or hazardous chemical, the owner or operator of the facility may submit a notice to the Commission, LEPC, and FD indicating that the specific EHS or hazardous chemical is no longer present in a quantity that meets the minimum reporting threshold.

History

• New Section R18-18-107 recodified from R8-4-107at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1706, effective 5/8/2025.

Ariz. Admin. Code § R18-18-108 Compliance Procedures

A. The Commission shall make information regarding the EPCRA available to the owner or operator of a facility.

B. The owner or operator of a facility may obtain guidance, but not legal advice, regarding complying with the EPCRA by contacting the Commission.

History

• New Section R18-18-108 recodified from R8-4-108 at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Ariz. Admin. Code § R18-18-109 Community Right-to-know Procedures

A. To obtain information regarding a specific hazardous chemical or extremely hazardous substance at a specific facility, local emergency response plan, or notice regarding a reportable release, a person shall submit a written request to the Commission or LEPC. If a request is submitted to an LEPC, the LEPC may forward a copy of the request to the Commission so Commission staff can coordinate a response to the request. To obtain a copy of a Form R relating to toxic chemical releases, a person shall submit a written request to the Commission.

B. As required by 42 U.S.C. 11022, the Commission or LEPC shall respond to a written request for information. The response shall advise the person making the request of one of the following:

The time and location at which the person may inspect and copy the requested information,

2. That additional information is needed to process the request,

3. That the requested information is not available but the Commission or LEPC will ask the owner or operator of the facility to provide the information, or

4. That the request is denied because:

a. The requested information does not exist,

b. The owner or operator of the facility is not required to provide the information,

c. The Commission or LEPC determined that disclosing the information will impair its ability to protect public health or safety and the public interest in nondisclosure outweighs the public interest in disclosure, or

d. The information is exempt by law from disclosure.

C. Before releasing information, the Commission or LEPC shall advise the owner or operator of a facility of the request for information regarding the facility.

D. Under A.R.S. § 39-121, the Commission or LEPC shall charge the person making a request under this Section the cost of reproducing the information requested. The Commission shall deposit the funds received under this subsection in accordance with A.R.S. § 49-123(G).

History

• New Section R18-18-109 recodified from R8-4-109at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1706, effective 5/8/2025.

Ariz. Admin. Code § R18-18-110 Grants

A. On or before September 1 of each year, the Commission shall provide notice that is consistent with A.R.S. § 41-2702 to all LEPCs regarding grants that are available from the Commission.

B. To receive funds that are awarded on a non-competitive basis, an LEPC shall submit a "Certification and Request for Funding" form in which the LEPC certifies that it:

1. Is in compliance with all applicable law, including NIMS;

2. Will use the funds in the manner intended;

Will keep separate funds from the Emergency Response Fund and funds from other sources; and

4. Will submit all required reports.

C. To receive grant funds that are awarded on a competitive basis, an LEPC shall submit to the Commission a proposal that specifies:

1. The goal that the LEPC intends to accomplish with any grant funds received,

2. Where the grant funds will be spent,

3. The amount of grant funds needed to accomplish the goal,

The time needed to accomplish the goal, and

5. Other information that the Commission requests to assist the Commission to evaluate the grant proposal.

D. On behalf of the Commission, Commission staff shall meet at least annually with members of the LEPCs to establish the criteria used to evaluate a grant proposal. Commission staff, on behalf of the Commission, shall evaluate each proposal that is timely received using the criteria established. The Commission shall ensure that the criteria used include consideration of both the qualification of and need for an LEPC to receive a grant.

1. The criteria regarding qualification of an LEPC to receive a grant may include:

a. The extent to which the LEPC fulfilled the responsibilities listed in R18-18-103;

b. Whether the LEPC complied with all provisions of R18-18-104;

c. Whether the LEPC submitted all reports required for grant funds previously received;

d. Whether previously received grant funds were used in a manner that achieved the goal established;

e. Attendance by LEPC members at Commission-sponsored meetings; and

f. The number of training sessions provided by LEPC members to emergency responders in the emergency planning district; and

2. The criteria regarding need for an LEPC to receive a grant may include:

a. The number of facilities required to report to the LEPC under this Chapter;

b. The population represented by the LEPC; and

c. The number of reportable releases during the past year in the area represented by the LEPC.

E. Within 60 days after the grant-proposal deadline specified in the notice of grant availability, the Commission shall provide written notice to each LEPC that applies for grant funds regarding whether grant funds will be awarded and if so, the amount awarded.

F. An LEPC that receives grant funds shall submit progress reports to the Commission on dates prescribed by the Commission. The LEPC shall include in each progress report a summary of the work done to accomplish the goal stated in the grant proposal and a detailed accounting of the expended and remaining grant funds.

History

• New Section R18-18-110 recodified from R8-4-110 with amendments to Chapter Section references at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3).

Article 2 HAZARDOUS MATERIALS TRAINING PROGRAM, STUDENT AND INSTRUCTOR EVIDENCE OF COMPLETION

Ariz. Admin. Code § R18-18-201 Definitions

The following definitions apply in this Article, unless the context requires otherwise:

"Authorized instructor" means an individual who the Division determines meets the criteria at R18-18-202.

2. "Director" means the director of the Division.

3. "Division" means the Arizona Division of Emergency Management.

4. "Evidence of Completion" means a document issued by the Division to an individual who successfully completes a standardized course of instruction.

5. "Hazmat First Responder Awareness Level personnel" means individuals who are likely to witness or discover a hazardous material release and who are trained to initiate an emergency response sequence by notifying the proper authorities of the release.

6. "Hazmat First Responder Operations Level operatives" means individuals who are trained to respond in a defensive fashion without actually trying to stop a hazardous material release.

7. "Hazardous materials" means:

a. Any material designated under the hazardous materials transportation act of 1974 ( 49 U.S.C. 1801 );

b. Any element, compound, mixture, solution, or substance designated under the comprehensive environmental response, compensation, and liability act of 1980 (42 U.S.C. 9602);

c. Any substance designated in the emergency planning and community right-to-know act of 1986 (42 U.S.C. 11002);

d. Any substance designated in the water pollution control act (33 U.S.C. 1317(a) and 1321(b)(2)(A));

e. Any hazardous waste having the characteristics identified under or listed under A.R.S. § 49-922;

f. Any imminently hazardous chemical substance or mixture with respect to which action is taken under the toxic substances control act (15 U.S.C. 2606);

g. Any material or substance determined to be radioactive under the atomic energy act of 1954 (42 U.S.C. 2011);

h. Any substance designated as a hazardous substance under A.R.S. § 49-121; and

i. Any highly hazardous chemical or regulated substance as listed in the clean air act of 1963 (42 U.S.C. 7401 - 7671).

8. "Hazardous materials incident" means an uncontrolled, unpermitted release or potential release of hazardous materials that presents an imminent and substantial danger to the public health or welfare or to the environment.

"Hazardous materials response experience" means knowledge and skills gained by responding to hazardous materials incidents.

10. "Instructor requirements" means the criteria listed at R18-18-202 for authorization as an instructor by the Division.

"Release" means any spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, escaping, leaching, dumping, or disposing into the environment, but excludes:

a. Release that results in exposure to persons solely within a workplace, with respect to a claim that the persons may assert against their employer;

b. Emissions from the engine exhaust of a motor vehicle, rolling stock, aircraft, vessel, or pipeline pumping station engine;

c. Release of source, byproduct, or special nuclear material from a nuclear incident, as those terms are defined in the Atomic Energy Act of 1954, if the release is subject to financial protection requirements established by the Nuclear Regulatory Commission under section 170 of the Act, or for the purposes of section 104 of the Comprehensive Environmental Response, Compensation, and Liability Act or any other response action, any release of source, byproduct, or special nuclear material from any processing site designated under section 102(a)(1) or 302(a) of the Uranium Mill Tailings Radiation Control Act of 1978; and

d. Normal application of fertilizer.

History

• New Section R18-18-201 recodified from R8-2-601with amendments to Chapter Section references at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1707, effective 5/8/2025.

Ariz. Admin. Code § R18-18-202 Hazmat First Responder Awareness Level Course and Hazmat First Responder Operations Level Course Curriculum

A. An authorized instructor shall conduct a Hazmat First Responder Awareness Level course or a Hazmat First Responder Operations Level course in accordance with the standardized curriculum maintained by the Division. The Division shall promptly notify all authorized instructors of any change in the curriculum.

B. Topics covered in the Hazmat First Responder Awareness Level course are:

1. What hazardous materials are and the risks associated with a hazardous materials incident;

2. Potential outcomes associated with an emergency created when hazardous materials are present;

3. How to recognize the presence of hazardous materials in an emergency;

4. How to identify different hazardous materials; and

5. Role of a first responder awareness individual in an employer's emergency response plan, including site security and control, and use of current resource materials.

6. The ability to realize the need for additional resources and to make appropriate notifications to the communication center.

C. Topics covered in the Hazmat First Responder Operations Level course are:

Basic hazard and risk assessment techniques;

2. How to select and use proper protective equipment;

3. Basic hazardous materials terms;

4. How to perform basic control, containment, or confinement operations with the resources and personal protective equipment available;

5. How to implement basic decontaminating procedures; and

6. Standard operating and terminating procedures.

History

• New Section R18-18-202 recodified from R8-2-602at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1707, effective 5/8/2025.

Ariz. Admin. Code § R18-18-203 Instructor Authorization and Renewal

A. Instructor authorization:

1. An instructor authorized by the Division shall teach each Hazmat First Responder Awareness Level and Hazmat First Responder Operations Level course.

2. To be authorized as an instructor, an individual shall submit the following to the Division:

a. A "Participant Application" form obtained from the Division, located at the Department of Emergency and Military Affairs, 5636 E. McDowell Road, Bldg. 101, Phoenix, Arizona 85008, available at https://dema.az.gov/emergency-man-agement/preparedness/training-branch/adjunct-instructor-resources. The applicant shall provide the following information to take an instructor workshop:

i. Course number;

ii. Course date;

iii. Course title;

iv. Applicant's name;

v. SSN;

vi. Applicant's employer;

vii. Applicant's position or title;

viii. Phone number;

ix. Fax number, if any;

x. Work mailing address, city, state, zip code, and county;

xi. Electronic mail address, if any;

xii. Brief description of current duties and how training as an instructor will be used;

xiii. Applicant's signature and date; and

xiv. Supervisor's signature, if applicable, and date;

b. Evidence of two years' experience in hazardous materials incident response;

c. Evidence of Completion of at least 80 hours for Awareness Level or at least 240 hours for Operations Level of hazardous materials training, and a signed copy of attendance and performance records. Information regarding scheduling or attending trainings is available from the Department of Emergency and Military Affairs at https://dema.az.gov/emergency-manage-ment/preparedness/training-branch/adjunct-instructor-resources;

d. A letter of recommendation to take instructor training from the applicant's employer, local emergency planning committee chair, county emergency management director, or coordinator; and

e. A brief summary of the applicant's experience in hazardous materials response and as an instructor of adult-level courses.

After an applicant submits to the Division the documentation described in subsection (A)(2)(a), the applicant shall:

a. Attend the instructor workshop,

b. Attain a score of at least 90% on the written exam, and

c. Successfully complete a teach back to demonstrate appropriate educational methodology and instructional techniques during an oral presentation.

4. The Division shall issue Evidence of Completion to an individual who successfully completes the instructor workshop.

5. The Division shall maintain records of instructor authorization.

6. Instructor authorization is valid for two calendar years.

B. To renew instructor authorization obtained from the Division, an authorized instructor shall:

1. Submit a "Participant Application" form as described in subsection (A) to take an instructor refresher workshop;

2. Attend an instructor refresher workshop sponsored by the Division before expiration of the current instructor authorization; and

3. Provide evidence of having taught either a Hazmat First Responder Awareness Level course or refresher, or a Hazmat First Responder Operations Level course or refresher, two times in the current authorization period.

C. An instructor who fails to comply with subsection (B), may obtain instructor authorization by applying and meeting the requirements as a new instructor under subsection (A).

History

• New Section R18-18-203 recodified from R8-2-603at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1707, effective 5/8/2025.

Ariz. Admin. Code § R18-18-204 Hazmat First Responder Awareness Level Course and Hazmat First Responder Operations Level Course Division Requirements

A. An instructor authorized by the Division shall teach each Hazmat First Responder Awareness Level course and Hazmat First Responder Operations Level course. An instructor shall notify the Division at least 30 days before course delivery by submitting a "Course Request Form" obtained from the Division, located at the Department of Emergency and Military Affairs, 5636 E. McDowell Road, Bldg. 101, Phoenix, Arizona 85008, available at https://dema.az.gov/resources/demaem-training-exercise-event-request-form. The instructor shall provide the following information:

1. Name of requestor;

2. Date;

3. Agency of requestor;

4. Mailing address, city, state, zip code and county;

5. Phone number;

6. Fax number, if any;

7. Name of agency head;

8. Applicant signature;

9. Electronic mail address;

10. Type of course;

11. Course name;

12. Course number;

13. Date course is offered;

14. Training site address and county;

15. Intended audience;

16. Estimated number of participants;

17. Name and signature of requestor; and

County emergency management director or local emergency planning committee chairperson endorsement: name, signature, title, and date.

B. Within two weeks following completion of either the Hazmat First Responder Awareness Level course or refresher, or the Hazmat First Responder Operations Level course or refresher, the instructor shall provide the Division with all course records, including student application forms, course roster, completed pre- and post-exam answer sheets, and instructor and course evaluations. In addition, the instructor shall return all unused course materials to the Division.

History

• New Section R18-18-204 recodified from R8-2-604at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1707, effective 5/8/2025.

Ariz. Admin. Code § R18-18-205 Hazmat First Responder Awareness Level Personnel and Hazmat First Responder Operations Level Operatives Evidence of Completion

A. To receive Evidence of Completion as Hazmat First Responder Awareness Level personnel or as Hazmat First Responder Operations Level operative, an individual shall:

1. Submit a "Participant Application" form as described in R18-18-203(A) for Division-sponsored courses. For non-Division-sponsored courses, the individual shall submit the course application contained in the student manual:

a. Course number: U100 (First Responder Awareness Course) or U200 (First Responder Operations Level Course);

b. Course date;

c. Course name: First Responder Awareness Course or First Responder Operations Level Course;

d. Applicant's name;

e. SSN;

f. Title;

g. Phone number;

h. Fax number, if any;

i. Organization;

j. Electronic address; and

k. Work mailing address, city, state, zip and county; and

Successfully complete the Hazmat First Responder Awareness Level course, or the Hazmat First Responder Operations Level course, and attain a score of at least 75% on the written exam.

B. The Division shall issue Evidence of Completion to an individual who successfully completes the Hazmat First Responder Awareness Level course or the Hazmat First Responder Operations Level course. The employer of an individual issued Evidence of Completion shall maintain evidence of the individual's competency under 29 CFR 1910.120(q)(6) and (q)(8)(ii), published by the United States Government Publishing Office and revised July 1, 2023, available at https://www.govinfo.gov/content/pkg/CFR-2023-title29-vol5/pdf/CFR-2023-title29-vol5-sec1910-120.pdf, with no later editions or amendments. This regulation is incorporated by reference and on file with the Division and the Office of the Secretary of State.

History

• New Section R18-18-205 recodified from R8-2-605with amendments to a Chapter Section and subsection reference at 27 A.A.R. 1535, with an immediate effective date of September 1, 2021 (Supp. 21-3). Amended by final expedited rulemaking at 31 A.A.R. 1707, effective 5/8/2025.