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):
1.
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. "
2.
§ 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. "
Notes
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