Notes
Ariz. Admin. Code
tit. 18, ch. 7
The Office of the
Secretary of State publishes all Code Chapters on white paper (01-4). The
proposed summary action amending the heading of Chapter 7 was remanded by the
Governor's Regulatory Review Council (August 4, 1999), which revoked the
interim effectiveness of the change as of January 22, 1999. The heading of
Chapter 7 before the proposed summary action has been restored (Supp. 99-3).
Chapter 7 heading repealed; new heading adopted; both by summary action with an
interim effective date of January 22, 1999; filed in the Office of the
Secretary of State December 29, 1998 (Supp. 98-4). At the request of the
Department of Environmental Quality, interim rules removed in Articles 1 &
2 (Supp. 97-3) by the emergency expiring were reinstated. The Department
determined these emergency rules were in effect until permanent rules were
adopted pursuant to Laws 1995, Ch. 232, § 5, and Laws 1996, Chapter 151,
§ 9. Under these Laws the Department was required to "adopt risk based
remediation standards formally by rule pursuant to A.R.S. §
49-152(A)
... no later than August 1, 1997."; and the
"interim standards adopted pursuant to A.R.S. §
49-152(A)(1)(a)
and (b)... as emergency rules shall remain in
effect until the formally established rules are adopted." The interim rules
have not been reprinted because permanent final rules have now been filed.
Refer to Supp. 97-1 for interim emergency rules (Supp. 97-4). A Section of this
Chapter was adopted under an exemption from the Arizona Administrative
Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 1997, Ch. 296,
§§ 3(E) and (G), (10) and (11). Although exempt from certain
provisions of the rulemaking process, the Department was required to submit
notice of proposed rulemaking with the Secretary of State for publication in
the Arizona Administrative Register and conduct a public hearing (Supp. 97-3).
Some Sections of Chapter 7 were exempt from the rulemaking process (Laws 1995,
Ch. 232, § 5). However the Department was required to provide a notice of
hearing and public hearing before adoption of the emergency rules. The
emergency rules were approved by the Attorney General (Supp. 96-1). Editor's
note added to clarify exemptions of emergency adoptions (Supp. 97-1).
