Ariz. Admin. Code § R18-8-270 - Hazardous Waste Permit Program
A. All of 40 CFR 270 and the 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.
§§ 270.1(a), 270.1(c)(1)(i),
270.3, 270.10(g)(1)(i), 270.60(a) and (b), and 270.64; and
2. The revisions for standardized permits as
published at 70 FR 53419.
3. Copies of 40 CFR 270
are available at https://www.eCFR.gov. Copies of the Federal
Register are available at https://www.federalregister.gov.
B.
§ 270.1, titled "Purpose and scope of
these regulations," paragraph (b) is replaced by the following:
1. [After the effective date of these
regulations the treatment, storage, or disposal of any hazardous waste is
prohibited except as follows:
a. As allowed
under § 270.1(c)(2) and (3);
b. Under the conditions of a permit issued
pursuant to these regulations; or
c. At an existing facility accorded interim
status under the provisions of § 270.70.
2.
The direct
disposal or discharge of hazardous waste into or onto any of the following is
prohibited:
a.Waters of the state as defined
in A. R. S. § 49-201, excluding surface impoundments as defined in §
260.10; and
b. Injection well, ditch,
alleyway, storm drain, leach field, or roadway.]
c. At an existing facility
accorded interim status under the provisions of § 270.70 (as incorporated
by R18-8-270 ).
The direct disposal or discharge of hazardous waste into or onto any of the following is prohibited:
a. Waters of the state as defined in A. R. S.
§
49-201, excluding surface
impoundments as defined in § 260.10; and
b. Injection well, ditch, alleyway, storm
drain, leachfield, or roadway.]
C.
§ 270.1, titled "Purpose and scope of
these regulations," paragraph (c)(3)(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.
§ 270.10, titled "General application requirements," paragraph (e)(2), is
amended as follows:
(2) The [Director] may
extend the date by which owners and operators of specified classes of existing
[HWM facilities shall submit Part A of their permit application if the
Administrator has published in the Federal Register that EPA is granting an
extension under 40 CFR
§
270.10(e)(2) for
those classes of facilities.]
E.
§ 270.10(g), titled "Updating permit
applications," subparagraph (1)(ii) is amended as follows:
(ii) With the [Director] no later than the
effective date of regulatory provisions listing or designating wastes as
hazardous in [the] state if the facility is treating, storing, or disposing of
any of those newly listed or designated wastes; or
F.
§ 270.10(g), titled "Updating permit
applications," subparagraph (1)(iii), is amended as follows:
(iii) As necessary to comply with provisions
of § 270.72 for changes during interim. Revised Part A applications
necessary to comply with the provisions of § 270.72 shall be filed with
the [Director.]
G.
§
270.10, titled "General application requirements," is amended by adding the
following:
1. When submitting an application
for any of the license types in the Table below, an applicant shall remit to
the DEQ an application fee as shown in the Table.
Table - Hazardous Waste Permitting Application and Maximum Fees For Various License Types
|
License Type |
Application Fee |
Maximum Fee |
|
Permit for: Container Storage/Container Treatment |
$20,000 |
$250,000 |
|
Permit for: Tank Storage/Tank Treatment |
$20,000 |
$300,000 |
|
Permit for: Surface Impoundment |
$20,000 |
$400,000 |
|
Permit for: Incinerator/Boiler and Industrial Furnace (BIF)/Landfill/Miscellaneous Unit |
$20,000 |
$500,000 |
|
Permit for: Waste Pile/Land Treatment/Drip Pad/Containment Building/Research, Development, and Demonstration |
$20,000 |
$300,000 |
|
Corrective Action Permit/Remedial Action Plan (RAP) Approval |
$20,000 |
$300,000 |
|
Post-Closure Permit |
$20,000 |
$400,000 |
|
Closure of Container/Tank/Drip Pad/Containment Building |
$5,000/unit |
$100,000 |
|
Closure of Miscellaneous Unit/Incinerator/BIF/Surface Impoundment/Waste Pile/Land Treatment Unit/Landfill |
$5,000/unit |
$300,000 |
|
Class 1 Modification (requiring Director Approval) |
$1,000 |
$50,000 |
|
Class 2 Modification |
$5,000 |
$250,000 |
|
Class 3 Modification (for a permit with an Incinerator, BIF, Surface Impoundment, Waste Pile, Land Treatment Unit, or Landfill) |
$20,000 |
$400,000 |
|
Class 3 Modification (for a permit without an Incinerator, BIF, Surface Impoundment, Waste Pile, Land Treatment Unit, or Landfill) |
$10,000 |
$250,000 |
2. If
the total cost of processing the application identified in the Table is less
than the application fee listed in the Table, the DEQ shall refund the
difference between the total cost and the amount listed in the Table to the
applicant.
a. Permits and permit
modifications other than post-closure permits and closure plans. If the total
cost of processing the application is greater than the amount listed plus other
amounts paid, the DEQ shall bill the applicant for the difference upon permit
approval. The applicant shall pay the difference in full before the DEQ issues
the permit.
b. Post-closure
permits. If the total cost of processing the application is greater than the
amount listed plus other amounts paid, the DEQ shall bill the applicant for the
difference upon permit issuance. The applicant shall pay the difference in full
within 45 days of the date of the bill.
c. Withdrawals. In the event of a valid
withdrawal of the permit application by the applicant, if the total costs of
processing the application are less than the amount paid, the DEQ shall refund
the difference. If the total costs are greater than the amount paid, the DEQ
shall bill the applicant for the difference, and the applicant shall pay the
difference within 45 days of the date of the bill.
3. With an application for a closure plan for
a facility, the applicant shall remit to the DEQ an application fee of $5,000
for each hazardous waste management unit involved in the closure plan or
$20,000, whichever is less. If the total cost of processing the application,
including review and approval of the closure report, is more than the
application fee paid, the applicant shall be billed for the difference, and the
difference shall be paid in full after the DEQ completes review and approval of
the closure report and within 30 days of notification by the Director. If the
reasonable cost is less than the fee paid by the applicant, the DEQ shall
refund the difference within 30 days of the closure report review and approval.
The maximum fee for a closure plan is shown in the Table.
4. The fee for a land treatment demonstration
permit issued under § 270.63 for hazardous waste applies toward the
$20,000 permit fee for a Part B land treatment permit when the owner or
operator seeks to treat or dispose of hazardous waste in land treatment units
based on the successful treatment demonstration.
5. The DEQ shall provide the applicant
itemized bills at least semiannually for the expenses associated with
evaluating the application and approving or denying the permit or permit
modification. The following information shall be included in each bill:
a. The dates of the billing period;
b. The date and number of review hours
performed during the billing period itemized by employee name, position type
and specifically describing;
i. Each review
task performed;
ii. The facility
and operational unit involved;
iii.
The hourly rate;
c. A
description and amount of review-related costs as described in subsection
(G)(6)(b); and
d. The total fees
paid to date, the total fees due for the billing period, the date when the fees
are due, and the maximum fee for the project.
6. Fees shall consist of processing charges
and review-related costs as follows:
a.
Processing charges. From and after April 1, 2023 until April 1, 2024, the DEQ
shall calculate the processing charges using a rate of $175 per hour,
multiplied by the number of review hours used to evaluate and approve or deny
the permit or permit modification. From and after April 1, 2024, the hourly
rate shall be adjusted annually each April 1 according to
R18-8-260(M)(4).
b. Review-related costs means any of the
following costs applicable to a specific application:
i. Per diem expenses,
ii. Transportation costs,
iii. Reproduction costs,
iv. Laboratory analysis charges performed
during the review of the permit or permit modification,
v. Public notice advertising and mailing
costs,
vi. Presiding officer
expenses for public hearings on a permitting decision,
vii. Court reporter expenses for public
hearings on a permitting decision,
viii. Facility rentals for public hearings on
a permitting decision, and
ix.
Other reasonable and necessary review-related expenses documented in writing by
the DEQ and agreed to by the applicant.
c. Total itemized billings for an application
shall not exceed the maximum amounts listed in the Table in this Section.
7. A person may seek
review of a bill by filing a written request for reconsideration with the
Director.
a. The request shall specify, in
detail, why the bill is in dispute and shall include any supporting
documentation.
b. The written
request for reconsideration shall be delivered to the Director in person, by
mail, or by facsimile on or before the payment due date or within 35 days of
the invoice date, whichever is later.
8. The Director shall make a final decision
on the request for reconsideration of the bill and mail a final written
decision to the person within 20 working days after the date the Director
receives the written request.
9.
For the purposes of subsection (G), "review hours" means the hours or portions
of hours that the DEQ's staff spends on a permit or permit modification. Review
hours include the time spent by the project manager and technical review team
members, and if requested by the applicant, the supervisor or unit manager.
H.
§ 270.12, titled
"Confidentiality of information," paragraph (a) is amended as follows:
(a) In accordance with [R18-8-260(D)(2)
], any information submitted to [the DEQ]
pursuant to these regulations may be claimed as confidential by the submitter.
[Such a claim shall] be asserted at the time of submission in the manner
prescribed [in
R18-8-260(D)(2)(c)(ii)
]. If no [such] claim is made at the time of
submission, [the DEQ] may make the information available to the public without
further notice. If a claim is asserted, the information [shall] be treated in
accordance with the procedures in [R18-8-260(D)(2)(d)
and (e) .]
I.
§ 270.13, titled "Contents of Part A
of the permit application," paragraph (k)(9) is amended as follows:
(9) Other relevant environmental permits,
including [any federal, state, county, city, or fire department] permits.
J.
§ 270.14, titled
"Contents of Part B: General requirements," paragraph (b) is amended by adding
the following:
[(23) Any additional
information required by the DEQ to evaluate compliance with facility standards
and informational requirements of
R18-8-264 and
R18-8-270.
(24)
(i) A
signed statement, submitted on a form supplied by the DEQ that demonstrates:
(A) An individual owner or operator has
sufficient reliability, expertise, integrity and competence to operate a HWM
facility, and has not been convicted of, or pled guilty or no contest to, a
felony in any state or federal court during the five years before the date of
the permit application; or
(B) In
the case of a corporation or business entity, no officer, director, partner,
key employee, other person, or business entity who holds 10% or more of the
equity or debt liability has been convicted of, or pled guilty or no contest
to, a felony in any state or federal court during the five years before the
date of the permit application.
(ii) Failure to comply with subsection (i),
the requirements of A. R. S. §
49-922(C)(1), and
the requirements of § 270.43 and §§ 124.3(d) and 124.5(a), may
cause the Director to refuse to issue a permit to a TSD facility pursuant to A.
R. S. §
49-922(C) as
amended, including requirements in § 270.43 and §§ 124.3(d) and
124.5(a).]
K.
§ 270.30, titled "Conditions applicable to all permits" paragraph (l)(10)
is amended as follows:
(10) Other
noncompliance. The permittee shall report all instances of noncompliance not
reported under [§ 270.30(l)(4),(5), and (6)] at the same time monitoring
[(including annual)] reports are submitted. The reports shall contain the
information listed in [§ 270.30(l)(6)].
L.
§ 270.30, titled "Conditions
applicable to all permits" paragraph (l) is amended by adding the following:
[All reports listed above shall be submitted to the Director in such a manner that the reports are received within the time periods required under this Article.]
M.
§ 270.32, titled "Establishing permit conditions," paragraph (a), is
amended by deleting the following:
"and 270.3 (considerations under Federal law)."
N.
§ 270.32, titled
"Establishing permit conditions," paragraph (b) is amended by deleting the
reference to 40 CFR 267.
O.
§
270.32, titled "Establishing permit conditions," paragraph (c) is amended by
deleting the second sentence.
P.
§ 270.42. titled "Permit modification at the request of permittee",
paragraph (f)(3). is amended as follows:
(3)
An automatic authorization that goes into effect under paragraph (b)(6)(iii) or
(v) of this section may be appealed under [Title 41. Chapter 6. Article 10.
Arizona Revised Statutes.]
R.
§ 270.51, titled "Continuation of
expiring permits," paragraph (a) is amended by deleting the following:
"under 5 USC 558(c)."
Q.
§ 270.51, titled "Continuation of
expiring permits," paragraph (d) is amended by replacing "EPA-issued" with
"EPA, joint EPA/DEQ, or DEQ-issued."
S.
§ 270.65, titled "Research,
development, and demonstration permits," is amended as follows:
(a) The [Director] may issue a research,
development, and demonstration permit for any hazardous waste treatment
facility which proposes to utilize an innovative and experimental hazardous
waste treatment technology or process for which permit standards for such
experimental activity have not been promulgated under part 264 or 266. [A
research, development, and demonstration] permit shall include such terms and
conditions as will assure protection of human health and the environment. Such
permits:
(1) Shall provide for the
construction of such facilities as necessary, and for operation of the facility
for not longer than one year unless renewed as provided in paragraph (d) of
this section, and
(2) Shall provide
for the receipt and treatment by the facility of only those types and
quantities of hazardous waste which the [Director] deems necessary for purposes
of determining the efficacy and performance capabilities of the technology or
process and the effects of such technology or process on human health and the
environment, and
(3) Shall include
such requirements as the [Director] deems necessary to protect human health and
the environment [, including requirements regarding monitoring, operation,
financial responsibility, closure, and remedial action, and such requirements
as the Director] deems necessary regarding testing and providing of information
[relevant] to the [Director] with respect to the operation of the facility.
(b) For the purpose of
expediting review and issuance of permits under this section, the [Director]
may, consistent with the protection of human health and the environment, modify
or waive permit application and permit issuance requirements [, or add
conditions to the permit in accordance with the permitting procedures set forth
in R18-8-270 and
R18-8-271 ,] except that there may
be no modification or waiver of regulations regarding financial responsibility
(including insurance) or of procedures regarding public
participation.
(c) The [Director]
may order an immediate termination of all operations at the facility at any
time [the Director] determines that termination is necessary to protect human
health and the environment.
(d) Any
permit issued under this section may be renewed not more than three times. Each
such renewal shall be for a period of not more than one
year.
T.
§ 270.110,
titled "What must I include in my application for a RAP?," is amended by adding
paragraphs (j) and (k) as follows:
(j) A
signed statement, submitted on a form supplied by DEQ that demonstrates:
(1) An individual owner or operator has
sufficient reliability, expertise, integrity and competence to operate a HWM
facility, and has not been convicted of, or pled guilty or no contest to, a
felony in any state or federal court during the five years before the date of
the RAP application.
(2) In the
case of a corporation or business entity, no officer, director, partner, key
employee, other person or business entity who holds 10% or more of the equity
or debt liability has been convicted of, or pled guilty or no contest to, a
felony in any state or federal court during the five years before the date of
the RAP application.
(k)
Failure to comply with subsection (j), the requirements of A. R. S. §
49-922(C)(1), and
the requirements of § 270.43 and §§ 124.3(d) and 124.5(a), may
cause the Director to refuse to issue a permit to a TSD facility pursuant to A.
R. S. §
49-922(C) as
amended, including requirements in § 270.43 and §§ 124.3(d) and
124.5(a).]
U.
§
270.155 titled "May the decision to approve or deny my RAP application be
administratively appealed?", paragraph (a), is amended as follows:
(a) Any commenter on the draft RAP or notice
of intent to deny, or any participant in any public hearing(s) on the draft
RAP, may appeal the Director's decision to approve or deny your RAP application
[under Title 41, Chapter 6, Article 10, Arizona Revised Statutes.] Any person
who did not file comments, or did not participate in any public hearing(s) on
the draft RAP, may petition for administrative review only to the extent of the
changes from the draft to the final RAP decision. Appeals of RAPs may be made
to the same extent as for final permit decisions under § 124.15 of this
chapter (or a decision under § 270.29 to deny a permit for the active life
of a RCRA hazardous waste management facility or unit.)
Notes
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