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.

11. 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.

Notes

Ariz. Admin. Code § R18-13-1017

New section made by final rulemaking at 31 A.A.R. 1363, effective 6/1/2025.