Ariz. Admin. Code § R18-8-265 - Interim Status Standards for Owners and Operators of Hazardous Waste Treatment, Storage, and Disposal Facilities
A.
All of 40 CFR 265 and accompanying appendices, revised as of July 1, 2020 (and
no future editions), with the exception of §§ 265. 1(c)(2), 265.
1(c)(4), 265. 149, 265. 150, and 265. 430, is incorporated by reference,
modified by the following subsections, and on file with the DEQ. Copies of 40
CFR 265 are available at https://www.eCFR.gov.
B.
§ 265. 1, titled "Purpose, scope, and
applicability," paragraph (c)(5) is amended as follows:
(5) The owner or operator of a facility [with
operational approval from the Director] to manage [public, private,] municipal
or industrial solid waste [pursuant to
R18-13-312, A. R. S. §§
49-104 and
49-762 ], if the only hazardous
waste the facility treats, stores, or disposes of is excluded from regulation
under § 261. 5];
C.
§ 265. 1, titled "Purpose, scope, and applicability," paragraph
(c)(11)(i)(D) is amended as follows:
(D) An
immediate threat to human health, public safety, property, or the environment,
from the known or suspected presence of military munitions, other explosive
material, or an explosive device, as determined by an explosive or munitions
emergency response specialist as defined in 40 CFR 260 . 10. [The DEQ Emergency
Response Unit shall be notified as soon as possible, using the 24-hour number
(602) 771-2330 or (800) 234-5677]
D.
§ 265. 11, titled "Identification
number," is replaced by the following:
1. A
facility owner or operator shall not treat, store, dispose of, transport, or
offer for transportation, hazardous waste without having received an EPA
identification number from the DEQ.
2. A facility owner or operator 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 shall assign an
EPA identification number to the facility owner or operator.
]
E.
§ 265. 18,
titled "Location standards," is amended by deleting the following:
", except for the Department of Energy Waste Isolation Pilot Project in New Mexico. "
F.
§ 265. 56, titled "Emergency procedures," paragraph (d)(2) is amended as
follows:
(2) [The emergency coordinator, or
designee, immediately shall] notify [the DEQ at (602) 771-2330 or 800/234-5677,
and 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). The report [shall include the
following]:
(i) Name and telephone number of
the reporter;
(ii) Name and address
of the facility;
(iii) Time and
type of incident (for example, release, fire);
(iv) Name and quantity of material(s)
involved, to the extent known:
(v)
The extent of injuries, if any; and
(vi) The possible hazards to human health, or
the environment, outside the facility.
G.
§ 265. 71, titled "Use of the
manifest system", is amended in the Comment following paragraph (c) as follows:
Comment: The provisions of [§§ 262. 15, 262. 16 and 262. 17] are
applicable to the on-site accumulation of hazardous wastes by generators.
Therefore, the provisions of [§§ 262. 15, 262. 16 and 262. 17] only
apply to owners or operators who are shipping hazardous waste which they
generated at that facility.
H.
§ 265. 90, titled "Applicability," paragraphs (a) and (d)(1), and §
265. 93, titled "Preparation, evaluation, and response," paragraph (a), are
amended by deleting the following phrase: "within one year"; and § 265.
90, titled "Applicability," paragraph (d)(2), is amended by deleting the
following phrase: "Not later than one year. "
I.
§ 265. 112(d), titled "Notification
of partial closure and final closure," subparagraph (1) is amended as follows:
1. The owner or operator must submit the
closure plan to the [Director] at least 180 days prior to the date on which
[the owner or operator] expects to begin closure of the first surface
impoundment, waste pile, land treatment, or landfill unit, [tank, container
storage, or incinerator unit], or final closure if it involves such a unit,
whichever [occurs earlier. The owner or operator with approved closure plans
shall notify the Director] in writing at least 60 days prior to the date on
which [the owner or operator expects] to begin closure of a surface
impoundment, waste pile, landfill, or land treatment unit, or final closure of
a facility [if it involves such a unit. The owner or operator] with approved
closure plans must notify the [Director] in writing at least 45 days prior to
the date on which [the owner or operator expects] to begin final closure of a
facility with only tanks, container storage, or incinerator units.
J.
§§ 265. 143, titled
"Financial assurance for closure," paragraph (g), and 265. 145, titled
"Financial assurance for post-closure care," paragraph (g), are amended by
replacing the third sentence in each citation with the following: "Evidence of
financial assurance must be submitted to and maintained with the Director for
those facilities located in Arizona. "
K.
§ 265. 193, titled "Containment and
detection of releases", is amended by adding the following: [For existing
underground tanks and associated piping systems not yet retrofitted in
accordance with § 265. 193, the owner or operator shall ensure that:
1. A level is measured daily;
2. A material balance is calculated and
recorded daily; and
3. A yearly
test for leaks in the tank and piping system, using a method approved by the
DEQ is performed.]
Notes
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