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.
Notes
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