Rulesletter from the Office of Administrative Counsel: ADEQ briefings on rule developments

              ADEQ Briefings on Rule Developments Vol. 1 No. 1 January 2006
Licensing Time Frames II Update
(18 A.A.C. 1, Art. 5)
In this rulemaking, ADEQ proposes to
repeal and amend licensing time-frame (LTF)
rule text and to repeal, amend and add licenses
to LTF tables as required to conform to licensing
program requirements that have evolved in
response to statutory and rulemaking changes.
The rulemaking would also clarify ADEQ's
obligations to act under Article 7.1 of the
Administrative Procedure Act (the LTF
statutes), based on ADEQ’s actual experience
under the rule.
Docket Opening: 11 A.A.R. 2393; June 24, 2005
Contact: Deborah K. Blacik: (602) 771-2223
State Hazardous Air Pollutants (HAPs)
Program (18 A.A.C. 2, Art. 17)
ADEQ has proposed rules to implement a
state hazardous air pollutants program under
A.R.S. §§ 49-426.05 and 49-426.06(A)(2).
Docket Openings: 10 A.A.R. 4272; Oct. 22, 2004
11 A.A.R. 3976; Oct. 14, 2005
11 A.A.R. 5129; Dec. 2, 2005
Rule Development Activities: Preproposal rule
information available on the HAPs rule capsule on
ADEQ’s Draft and Proposed Rules Page, including
research documents, and drafts of preproposed rule
text.
Proposed Rulemaking: 11A.A.R. 5038; Dec. 2, 2005
Hearings
(reconvening/continuation of Jan. 3, 2006 hearings):
Date: Jan. 31, 2006
Time: 1:30 p.m.
Location: ADEQ, Conference Room 250
1110 W. Washington St., Phoenix, AZ 85012
Date: Jan. 31, 2006
Time: 1:30 p.m.
Location: Pima County Public Works Building
201 N. Stone Ave., Tucson, AZ 85017
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Publication Number: N 06-01
AIR QUALITY DIVISION
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In This Issue
(Divisions are bookmarked. Open tab on the left.)
Office of Administrative Counsel
Licensing Time Frames II Update
(18 A.A.C. 1, Art. 5)
Air Quality Division
State Hazardous Air Pollutants (HAPs)
Program (18 A.A.C. 2, Art. 17)
Transportation Conformity 2005
(18 A.A.C. 2, Art. 14)
NSPS/NESHAP/VOC 2004
(18 A.A.C. 2, Art. 1, Art. 3, Art. 9, and Art. 11)
Cleaner Burning Gasoline (CBG) 2005
(20 A.A.C. 2, Art. 7)
Tank Programs Division
State Assurance Fund Rules
(18 A.A.C 12, Article 6)
Waste Programs Division
WQARF Prospective Purchaser Agreement Fee
Rule (18 A.A.C. 7, Art. 3)
Hazardous Waste Rule Amendments
(2003 and 2004) (18 A.A.C. 8, Art. 2)
Hazardous Waste Rule Amendments (2005)
(18 A.A.C. 8, Art. 2)
Special Waste Permeability Coefficient
(R18-13-1307)
Special Waste/Petroleum Contaminated Soil
Rules (18 A.A.C. 13, Art. 13 and Art. 16)
Integrated Solid Waste Regulatory Framework
(18 A.A.C. 13)
Soil Remediation Standards (18 A.A.C.7, Art. 2)
Engineering Controls/Financial Assurance Rules
(18 A.A.C. 7, Art. 7)
Declaration of Environmental Use Restriction -
Permanent Fee Rule (18 A.A.C. 7, Art. 6)
Voluntary Remediation Fees (18 A.A.C. 7, Art. 5)
Water Quality Division
Safe Drinking Water Incorporation by
Reference (18 A.A.C. 4)
Subdivisions (18 A.A.C. 5, Article 4)
Surface Water Quality Standards
(18 A.A.C. 11, Article 1)
Impaired Water Identification
(18 A.A.C. 11, Art. 6)
Water Quality Protection Fees
(18 A.A.C. 14, Art. 1)
Public Water System Design Review Fees
(18 A.A.C. 14, Article 3)
Close of Comment: 5 p.m. Jan. 31, 2006
Contact: Kevin Force (602) 771-4480
Transportation Conformity 2005
(18 A.A.C. 2, Art. 14)
ADEQ is in the process of proposing to update its
transportation conformity rules in Article 14 to incorporate
changes to the federal transportation conformity rules.
Specifically, ADEQ is proposing to repeal all of Article 14,
except for R18-2-1401, R18-2-1405, R18-2-1437, and
R18-2-1438 and adopt the federal transportation conformity
rules as incorporations by reference. The federal trans-portation
conformity rules that would be incorporated
include 40 CFR 93.100 through 93.129, except 93.105, as
they were effective on July 1, 2005.
Docket Opening: 11 A.A.R. 2235; June 10, 2005
Contact: Michele Mutchek (602) 771-2371
NSPS/NESHAP/VOC 2004
(18 A.A.C. 2, Art. 1, Art. 3, Art. 9, and Art. 11)
ADEQ has proposed new and updated incorporations
by reference of the following federal regulations: Acid Rain
(40 CFR 72, 74, 75, 76), New Source Performance
Standards (40 CFR 60), and National Emissions Standards
for Hazardous Air Pollutants (40 CFR 61, 63) at R18-2-333,
R18-2-901, and R18-2-1101, respectively, in the state
rules. In addition, ADEQ has proposed updating its definition
of "Volatile Organic Compounds (VOC)" at R18-2-
101(126) of the state rules to reflect recent changes in the
federal definition at 40 CFR 51.100. The Notice of Final
Rulemaking was approved at the December 2, 2005 GRRC
meeting.
Docket Opening: 11 A.A.R. 2235; June 10, 2005
Proposed Rulemaking: 11 A.A.R. 2580 ; July 8, 2005
GRRC Hearing: was held on Dec. 2, 2005
Contact: Michele Mutchek (602) 771-2371
Cleaner Burning Gasoline (CBG) 2005
(20 A.A.C. 2, Art. 7)
The Arizona Department of Weights and Measures
(ADWM), in consultation with the ADEQ, is considering
proposing a rule to make changes to fuel formulation, quality
assurance, and other requirements related to CBG and
conventional fuel to reflect recent legislation, contemporary
standards, and improvements in clarity, conciseness, and
understandability.
Docket Opening: 11 A.A.R. 2451; July 1, 2005
Contact: Michele Mutchek (602) 771-2371
State Assurance Fund Rules (18 A.A.C 12, Article 6)
This proposed rule will amend the underground storage
tank assurance account rules so that they reflect the
current governing statutes and processess. The Notice of
Proposed Rulemaking was published in the Arizona
Administrative Registry on August 12, 2005. Two hearings
on the proposed rule were held on September 21 in
Phoenix and September 22 in Tucson, and the formal
comment period closed on September 30th. ADEQ
expects to submit the final rule to GRRC this winter.
Docket Opening: 11 A.A.R. 2658; July 15, 2005
Proposed Rulemaking: 11 A.A.R. 3020 ; Aug. 12, 2005
Public Hearings: Held on Sept. 21, 2005 in Phoenix and Sept. 22,
2005 in Tucson
Close of Comment: 5 p.m. Sept. 30, 2005
Contact: Tara Rosie (602) 771-4725
WQARF Prospective Purchaser Agreement Fee
Rule (18 A.A.C. 7, Art. 2)
ADEQ is authorized to enter into an agreement with a
prospective purchaser of a facility, wherein the department
will provide a written release and covenant not to sue for
existing contamination at the facility, provided that certain
conditions are met. The existing rule establishes a fee for
the preparation of a prospective purchaser agreement,
pursuant to A.R.S. § 49-285.01(H). ADEQ has evaluated
the cost of completing a prospective purchaser agreement
and determined that the actual cost to the department is
different from the fee in the current rule.
ADEQ is proposing an amendment to the fee rule to more
closely reflect the actual costs for this activity. An amend-ment
to this rule was the subject of a Notice of Proposed
Rulemaking published on July 16, 2004. The department
published a Notice of Termination of Rulemaking of that
rulemaking to further address one issue, which is included
in this Notice of Proposed Rulemaking.
Docket Opening: 11 A.A.R. 1365; April 8, 2005
Proposed Rulemaking: 11 A.A.R. 2934 ; Aug. 5, 2005
Public Hearing: Held on Sept. 7, 2005 in Phoenix
Close of Comment: 5 p.m. Sept. 9, 2005
GRRC Meeting: January 10, 2006
Contact: Jerry Smit (602) 771-2220
Hazardous Waste Rule Amendments
(2003 and 2004) (18 A.A.C. 8, Art. 2)
ADEQ has amended the state's hazardous waste rules
to incorporate the text of federal regulations for the
purpose of obtaining re-authorization of the state's
AIR QUALITY DIVISION (con’t)
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RULESLETTER - From the Office of Administrative Counsel Vol. 1 No. 1 January 2006
TANK PROGRAMS DIVISION
WASTE PROGRAMS DIVISION
RULESLETTER - From the Office of Administrative Counsel Vol. 1 No. 1 January 2006
different times using different regulatory philosophies, often
resulting in inconsistencies between the two rules. In some
cases the rules did not envision numerous special waste handling
scenarios which have since become issues that must be
addressed in rule in order to provide clear direction as to the
safe and proper handling of special waste.
ADEQ proposes to combine Title 18, Chapter 13, Article 13
(Special Waste) with Chapter 13, Article 16 (Best
Management Practices for Petroleum Contaminated Soil) into
one rule as Title 18, Chapter 13, Article 13 (Special Waste).
These revisions will rectify contradictions between the two
original rules and existing rules and statute, and create a uni-form
and consistent regulatory structure for all special waste.
Revisions will also provide clear direction on waste handling
procedures previously not addressed.
Informal stakeholder meetings are being held to discuss
ADEQ’s preliminary draft of the rules; meetings were held
November 4, 2005 and December 9, 2005. Subsequent
meetings will be scheduled in early 2006.
Docket Opening: 11 A.A.R. 1365; Apr. 8, 2005
Contact: Kim McDaniel (602) 771-4121
Integrated Solid Waste Regulatory Framework
(18 A.A.C. 13)
The purpose of this rulemaking is to establish a systematic
and comprehensive framework for regulating solid waste
facilities in Arizona. This rulemaking will integrate and
implement statutory provisions related to best manage-ment
practices, self-certification requirements, plan
approval procedures, financial assurance requirements,
design and operation rules for solid waste facilities, and
other topics.
Docket Opening: 11 A.A.R. 870; Feb. 25, 2005
Contact: Martha Seaman (602) 771-2221
Soil Remediation Standards (18 A.A.C.7, Art. 2)
Article 2 provides standards which must be met in order
to successfully complete remediation of soil. The require-ment
to perform soil remediation is found in different specific
A.R.S. Title 49 statutes. In addition to setting standards for
soil remediation, Article 2 contains definitions of terms that
apply throughout Chapter 7. Pursuant to a review of the
rules in Chapter 7 in 2002 under A.R.S. § 41-1056(A),
ADEQ identified certain provisions that did not conform to
updated provisions contained in A.R.S. § 49-152.
Specifically, the soil remediation rules and appendices
include some references to the voluntary environmental
mitigation use restriction (VEMUR) that used to be provided
for in that statute. The VEMUR provisions have been
replaced with provisions for the declaration of environ-mental
use restriction (DEUR). Further, as the department
continued its review of the soil rule, it identified other pro-visions
that might benefit from clarification or updating.
Docket Opening: 11 A.A.R. 1287; Apr. 1, 2005
Contact: Philip McNeely (602) 771-7645
hazardous waste management program by the United States
Environmental Protection Agency. These amendments cover
changes in the federal regulations promulgated between
July 1, 2002, and June 30, 2004.
Docket Opening: 11 A.A.R. 869; Feb. 25, 2005
Proposed Rulemaking: 11 A.A.R. 2598 ; July 8, 2005
Public Hearing: Held on Aug. 9, 2005 in Phoenix
Close of Comment: 5 p.m. Aug. 12, 2005
GRRC Meeting: Dec. 6, 2005
Notice of Final Rulemaking: Dec. 30, 2005 (anticipated)
Effective Date: Feb. 4, 2006
Contact: Denise McConaghy (602) 771-4110
Hazardous Waste Rule Amendments (2005)
(18 A.A.C. 8, Art. 2)
ADEQ is amending the state's hazardous waste rules to
incorporate the text of federal regulations for the purpose
of obtaining re-authorization of the state's hazardous
waste management program by the United States
Environmental Protection Agency. These latest amendments
will cover changes in the federal regulations promulgated
between July 1, 2004 and June 30, 2005.
Docket Opening: 11 A.A.R. 4987; Nov. 25, 2005
Contact: Mark Lewandowski (602) 771-2230
Special Waste Permeability Coefficient (R18-13-1307)
ADEQ proposes to amend this rule to update the
permeability coefficient for surfaces used by a generator of
motor vehicle shredder residue. Although a Notice of
Rulemaking Docket Opening was published February 25,
2005, ADEQ has determined that it would be more
efficient to address the special waste permeability coeffi-cient
issue under the Special Waste/Petroleum
Contaminated Soil Rules listed below.
Docket Opening: 11 A.A.R. 871; Feb. 25, 2005
Contact: Kim McDaniel (602) 771-4121
Special Waste/Petroleum Contaminated Soil
(18 A.A.C. 13, Art. 13 and Art. 16)
ADEQ is considering amendments to the regulations
governing the management, treatment, storage, and disposal
of special waste. Special waste is defined by A.R.S. § 49-852
as waste that contains petroleum contaminated soils and
waste from shredding motor vehicles, and is currently regu-lated
by two rules. The first, Title 18, Chapter 13, Article 13,
regulates registration, manifesting, and fees for both petroleum
contaminated soils (PCS), and shredder residue, and provides
best management practices (BMPs) for facilities shredding
motor vehicles. The second, Title 18, Chapter 13, Article 16,
provides BMPs for handling PCS only. Although both rules
address the handling of special waste, they were written at
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WASTE PROGRAMS DIVISION (con’t)
RULESLETTER - From the Office of Administrative Counsel Vol. 1 No. 1 January 2006
WATER QUALITY DIVISION
Safe Drinking Water
Incorporation by Reference (18 A.A.C. 4)
The primary purpose of this rulemaking is to incorpo-rate
EPA’s safe drinking water regulations by reference.
The rulemaking will update Arizona’s safe drinking water
rules by incorporating the rule amendments that EPA has
adopted since the department last updated its safe drinking
water rules, and facilitate future updates to the depart-ment’s
safe drinking water rules. Due to substantial change
issues, ADEQ plans to open a new docket in January 2006.
Contact: Sean McCabe (602) 771-4600
Subdivisions (18 A.A.C. 5, Article 4)
The purpose of this rulemaking is to update the depart-ment's
rules pertaining to subdivisions to conform the rules
to current rulemaking format and style requirements, to
ensure the rules' consistency with other rules and statutes,
and to make any substantive changes deemed necessary to
ensure the effectiveness of the rules. The department
anticipates that the Notice of Proposed Rulemaking will be
filed in early- to mid-2006, and that a Notice of Final
Rulemaking will be filed a few months after the proposed
rulemaking.
Docket Opening: 11 A.A.R. 5221; Dec. 9, 2005
Contact: Sean McCabe (602) 771-4600
Surface Water Quality Standards
(18 A.A.C. 11, Article 1)
ADEQ proposes to update the Surface Water Quality
Standards rules by amending definitions; clarifying the
applicability of the water quality standards rules; modifying
designated uses; proposing new antidegradation
implementation procedures; adopting new narrative water
quality standards including a new narrative biocriterion;
propose new numeric water quality criteria to protect
human health; adopting new or revised water quality criteria
for suspended sediment in surface waters; classifying new
effluent dependent waters (EDWs); adopting numeric
water quality criteria for total ammonia to maintain and
protect water quality for aquatic life in EDWs; amending
Appendix A by updating the water quality criteria to protect
human health and aquatic life; and amending Appendix B by
modifying the designated uses listed for surface waters.
Docket Opening: 11 A.A.R. 5221; Dec. 9, 2005
Contact: Shirley Conard (602) 771-4632
Impaired Water Identification
(18 A.A.C. 11, Art. 6)
ADEQ proposes to update the Impaired Water
Identification rules to update methods for impaired 4
WASTE PROGRAMS DIVISION (con’t)
Engineering Controls/Financial Assurance Rules
(18 A.A.C. 7, Art. 7)
A.R.S. § 49-152.01 establishes requirements for a property
owner who elects to use an engineering control to meet
requirements for cleaning up contaminated property. An
engineering control is defined as a remediation method
such as a barrier or cap that is used to prevent or minimize
exposure to contaminants and that includes technologies
that reduce the mobility or migration of contaminants. This
new rule will provide details as to how to implement the
provisions of A.R.S. § 49-152.01, which specify require-ments
for an engineering control plan and for financial
assurance mechanisms that are intended to cover the costs
of maintaining and restoring an engineering control.
Docket Opening: 11 A.A.R. 1288; Apr. 1, 2005
Contact: Peggy J. Guichard-Watters (602) 771-4117
Declaration of Environmental Use Restriction -
Permanent Fee Rule (18 A.A.C. 7, Art. 6)
This is a permanent rulemaking to replace an interim
fee rule, pursuant to 2000 Ariz. Session Laws Ch. 225, §
13. It would establish a fee, which a property owner is
required pursuant to A.R.S. §§ 49-152(K) and 49-158(G) to
pay to ADEQ when a declaration of environmental use
restriction (DEUR) is submitted for approval, prior to
being recorded. A DEUR is a restrictive covenant that must
be recorded when an owner elects to use either an insti-tutional
control (i.e., a legal or administrative limitation on
activities or uses) or an engineering control (e.g., a slab,
cap, fence, liner, berm, leachate collection system, or
pump and treat technologies) to prevent or minimize
exposure to contaminants on the property, or when an
owner elects to leave contamination on the property that
exceeds the applicable residential soil remediation
standard for the property. ADEQ will evaluate its
experience with fees paid under the interim DEUR fee
rule, to ascertain any ways in which the fee should be
revised for the permanent rule.
Docket Opening: 11 A.A.R. 1726; May 13, 2005
Contact: Peggy J. Guichard-Watters (602) 771-4117
Voluntary Remediation Fees
(18 A.A.C. 7, Art. 5)
The rule sets out fees to be charged by ADEQ under
the Voluntary Remediation Program established in A.R.S.
Title 49, Chapter 1, Article 5. This is the permanent rule-making
authorized in Laws 2000, Chapter 225, section 13.
The interim fee rule language in Article 5 will be replaced
with the permanent fee rule.
Docket Opening: 11 A.A.R. 2321; June 17, 2005
Contact: Peggy J. Guichard-Watters (602) 771-4117
RULESLETTER - From the Office of Administrative Counsel Vol. 1 No. 1 January 2006
water identification and 303(d) listings to be consistent
with 2006 federal assessment and 303(d) listing guidance.
Docket Opening: 11 A.A.R. 5130; Dec. 2, 2005
Contact: Shirley Conard (602) 771-4632
Water Quality Protection Fees
(18 A.A.C. 14, Art. 1)
This rulemaking will revise the fee schedule and rules related
to ADEQ’s water quality protection services.
Docket Opening: 11 A.A.R. 5223; Dec. 9, 2005
Contact: Shirley Conard (602) 771-4632
Public Water System Design Review Fees
(18 A.A.C. 14, Article 3)
Pursuant to 18 A.A.C. 5, Article 5, Minimum Design
Criteria, ADEQ prescribes minimum design standards for
public water systems, and reviews plans and specifications
for the systems. The purpose of this rulemaking is establish,
by administrative rule, fees for performing technical
reviews of plans for public water systems. ADEQ has a
statutory responsibility to review plans for these facilities
and to assess fees for its reviews. A.R.S. § 49-353(A).
Docket Opening: 11 A.A.R. 320; Jan. 7, 2005
Contact: Sean McCabe (602) 771-4600
WATER QUALITY DIVISION (con’t)
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