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:
1.
["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,".]
22.
[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.]
28.
["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].
6.
"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.