ADEQ: Laws, Rules and Policies: Draft and Proposed Rules

Rule:	Air Pollution Emergency Episodes (18 A.A.C. 2, Art. 2)
Contact:	Thomas C. Luch (602) 771-4480
Docket Opening:	Feb. 8, 2008 (14 A.A.R. 426)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The Arizona Department of Environmental Quality is considering amending R18-2-220, Air Pollution Emergency Episodes, to incorporate the equivalent of 40 CFR Part 51, Subpart H and Appendix L, to update the comprehensive source curtailment procedure for periods of extreme concentrations of atmospheric pollutants. This rulemaking will make Arizona's standards contemporary with federal rules and is required under Section 110(a)(2) of the Clean Air Act.

Rule:	Appendix 10 and Appendix 11 (18 A.A.C. 2, Art. 2)
Contact:	Danielle M. Dancho (602) 771-4210
Docket Opening:	April 18, 2008 (14 A.A.R. 1242)
Proposed Rulemaking:	Aug. 22, 2008 (14 A.A.R. 3267)
Hearings:	Date: Sept. 30, 2008 Time: 2:00p.m. Location: Department of Environmental Quality 1110 W. Washington St., Room 145
Close of Comment:	5:00p.m. Sept. 30, 2008
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The Arizona Department of Environmental Quality is considering repealing Appendix 10, Evaluation of Air Quality Data, and Appendix 11, Allowable Particulate Emissions Computations in their entirety. The agency has determined that the information contained in the Appendix 10 is out of date and does not comply with current monitoring protocols as designated by the Environmental Protection Agency. The agency has also determined that Appendix 11 is not useful because the actual values must be calculated using the equation included in the rules, not this graph. As part of this rulemaking, other rules from the Arizona Administrative Code must be amended in order to reflect these changes.

Rule:	Mercury Rule Revision 2008 (18 A.A.C. 2, Art. 7)
Contact:	Steve Burr (602) 771-4251
Docket Opening:	April 4, 2008 (14 A.A.R. 1102)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The Arizona Department of Environmental Quality is considering amending its rules that require reductions in mercury emissions from coal-fired power plants (A.A.C. R18-2-733, R18-2-733.01 and R18-2-734) to take into account the decision of the D.C. Circuit Court of Appeals in New Jersey v. EPA, No. 05-1097 (D.C. Cir. Feb. 8, 2008) vacating EPA's Clean Air Mercury Rule. The amendments would adopt state-enforceable program requirements, including monitoring, recordkeeping and reporting.

Rule:	Mineral Tailings (18 A.A.C. 2, Art. 2)
Contact:	Danielle M. Dancho (602) 771-4210
Docket Opening:	April 11, 2008 (14 A.A.R. 1144)
Proposed Rulemaking:	Aug. 22, 2008 (14 A.A.R. 3285)
Hearings:	Date: Oct. 2, 2008 Time: 2:00 p.m. Location: Arizona Department of Environmental Quality Conference Room 145 1110 W. Washington St. Phoenix
Close of Comment:	5:00p.m. Oct. 2, 2008
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The Arizona Department of Environmental Quality is considering adding the phrase "or maintenance" to clarify that pollution control measures apply to both the construction and continuing maintenance of mineral tailings piles in nonattainment and maintenance areas.

Rule:	NAAQS Update: PM_2.5 (2006) & 8-hour Ozone (2008) (18 A.A.C. 2, Article 2)
Contact:	Thomas C. Luch (602) 771-4480
Docket Opening:	June 6, 2008 (14 A.A.R. 2245)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The Arizona Department of Environmental Quality is considering proposing rules to update its ambient air quality standards for PM_2.5 and 8-hour ozone to reflect the current National Ambient Air Quality Standards (NAAQS).

Rule:	New Source Review SIP gap/Reform (18 A.A.C. 2, Art. 3, 4)
Contact:	Steve Burr (602) 771-4251
Docket Opening:	April 25, 2008 (14 A.A.R. 1448)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The Arizona Department of Environmental Quality (ADEQ) is considering amending its rules providing for the review and permitting of new and modified stationary sources of air pollution, commonly referred to as "new source review" or NSR. The United States Environmental Protection Agency (EPA) last approved ADEQ's NSR rules as part of the state implementation plan (SIP) in 1984. Since then, ADEQ has adopted numerous amendments to the state's NSR rules. As a result, there are a number of discrepancies between the requirements that appear in the current Arizona Administrative Code and the requirements of the SIP, which ADEQ is obligated to continue enforcing as a matter of federal law. In this rulemaking, ADEQ will seek to adopt revisions that can be approved by U.S. EPA as replacements for the SIP program and thus eliminate this "SIP gap." ADEQ is also considering adoption of some or all of EPA's "NSR Reform" amendments to the federal NSR program for major sources, as well as amendments to make the NSR program a more effective means of reducing emissions of regulated air pollutants and protecting the national ambient air quality standards. Finally, ADEQ is considering changes to clarify how the major NSR program applies to emissions of greenhouse gases.

Rule:	Unlawful Open Burning (18 A.A.C. 2, Art. 2)
Contact:	Danielle M. Dancho (602) 771-4210
Docket Opening:	May 16, 2008 (14 A.A.R. 1844)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: : The Arizona Department of Environmental Quality is considering revisions to Section R18-2-602, Unlawful Open Burning, consistent with the Environmental Protection agency's new requirements in Title 40 C.F.R. Part 60, Subpart EEEE, federally effective June 16, 2006, for certain other solid waste incineration (OSWI) units and new air curtain incinerators. The Agency is considering adding a cross-reference to Article 9, New Source Performance Standards, to be consistent with the requirements referenced in Title 40 C.F.R. § 60.2888, which subjects OSWI units and air curtain incinerators to certain provisions of Title 40 C.F.R. Part 60, Subpart FFFF at §§ 60.2970 through 60.2974 and to the requirement to obtain a Clean Air Act Title V operating permit. The Agency is also considering adding a cross-reference to Article 5, General Permits, and revising the definition of "air curtain destructor" in Section R18-2-101.

Tank Programs Division

Waste Programs Division

Rule:	Budget Reconciliation Solid Waste Fee Rules (18 A.A.C.13, Art.26)
Contact:	Ren Willis-Frances (602) 771-4109
Docket Opening:	Exempt
Proposed Rulemaking:	Exempt
Hearings:	Exempt
Close of Comment:	Exempt
GRRC Meeting:	Exempt
Final Rulemaking:
Effective Date of Rule:	Oct. 20, 2008
Summary: Pursuant to Laws 2008, Chapter 291, Section 12, ADEQ is authorized to raise fees to increase revenue and is exempt from the rulemaking requirements of title 41, chapter 6, Arizona Revised Statutes. ADEQ, however, opted to write rules to establish the new fee rates. This rulemaking raises specific fees charged by the agency for the period of time from Oct. 20, 2008 through June 30, 2009. The fees affected by this rulemaking are the Solid Waste Facility Plan Review Fee, the Landfill Registration Fees, and the Special Waste Management Fees, all of which are deposited into the Solid Waste Fee Fund.

Rule:	Engineering Controls/Financial Assurance Rules (18 A.A.C. 7, Art. 7)
Contact:	Ren Willis-Frances (602) 771-4109
Docket Opening:	March 28, 2008 (14 A.A.R. 897)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: ADEQ is considering rules that would add a new Article 7 on Engineering Controls. These new rules would provide details on how to implement the provisions of A.R.S. § 49-152.01, which specify requirements for an engineering control plan and for financial assurance mechanisms that are intended to cover the costs of maintaining and restoring an engineering control.

Rule:	Greenfields Pilot Program (18 A.A.C. 7, Art. 4)
Contact:	Peggy J. Guichard-Watters (602) 771-4117
Docket Opening:	Aug. 1, 2008 (14 A.A.R. 3132)
Proposed Rulemaking:	Aug. 1, 2008 (14 A.A.R. 2975)
Hearings:	None scheduled
Close of Comment:	5:00 p.m., Sept. 15, 2008
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: ADEQ is proposing to repeal the Greenfields Pilot Program rule. The rule became obsolete following the repeal of the authorizing statutes (A.R.S. § 49-153 through 157), effective Jan. 1, 2008 (Laws 1997, Chapter 296, § 7).

Rule:	Hazardous Waste Rule Amendments 2007 (18 A.A.C. 8, Art.2)
Contact:	Mark Lewandowski (602)771-2230
Docket Opening:	March 7, 2008 (14 A.A.R. 753)
Proposed Rulemaking:
Hearings:
Close of Comment:
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Effective Date of Rule:
Summary: The Department of Environmental Quality is considering amendments to state hazardous waste rules that incorporate the text of federal regulations to cover changes in the federal regulations through at least June 30, 2007.

Rule:	Integrated Solid Waste Regulatory Framework (18 A.A.C. 13)
Contact:	Martha Seaman (602)771-2221
Docket Opening:	Feb. 22, 2008 (14 A.A.R. 537)
Related Activities:	Informal Public Participation Process
Proposed Rulemaking:
Hearings:
Close of Comment:
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Final Rulemaking:
Effective Date of Rule:
Summary: The purpose of this rulemaking is to establish a systematic and comprehensive framework for regulating solid waste facilities and solid waste streams in Arizona. This rulemaking will integrate and implement statutory provisions related to best management practices, self-certification requirements, plan approval procedures, financial assurance requirements, design and operation rules for solid waste facilities, and other topics.

Rule:	Special Waste/Petroleum Contaminated Soil (18 A.A.C. 13, Art. 13 and Art. 16)
Contact:	Mindi Cross (602) 771-4418
Docket Opening:	April 4, 2008 (14 A.A.R. 1103)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The Department is considering amendments to the regulations governing the management, treatment, storage, and disposal of special waste. Special waste is defined by A.R.S. § 49-852 as waste that contains petroleum contaminated soils and waste from shredding motor vehicles, and is currently regulated by two sets of rules. The first, Title 18, Chapter 13, Article 13, regulates registration, manifesting, and fees for both petroleum contaminated soil (PCS), and shredder residue, and provides best management practices (BMPs) for facilities shredding motor vehicles. The second, Title 18, Chapter 13, Article 16, provides BMPs for handling PCS only. Although both Articles address the handling of special waste, they were written at different times using different regulatory philosophies, often resulting in inconsistencies. In some cases the rules did not envision numerous special waste handling scenarios which have since become issues that must be addressed in rule in order to provide clear direction for the safe and proper handling of special waste. The Department proposes to combine Title 18, Chapter 13, Article 13 (Special Waste) with Chapter 13, Article 16 (Best Management Practices for Petroleum Contaminated Soil) into one rule as Title 18, Chapter 13, Article 13 (Special Waste). These revisions will rectify contradictions between the two original sets of rules and existing rules and statute, and create a uniform and consistent regulatory structure for all special waste. Revisions will also provide direction on waste handling procedures previously not addressed.

Rule:	WQARF Site Scoring Rule Amendments (18 A.A.C. 16, Art. 2)
Contact:	Peggy J. Guichard-Watters (602) 771-4117
Docket Opening:	March 21, 2008 (14 A.A.R. 849)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: ADEQ is considering amendments to the existing rule regarding the scoring of sites for placement on the Water Quality Assurance Revolving Fund (WQARF) Registry. The current site scoring rule incorporates by reference an eligibility and evaluation site scoring model that was established in October 1996. ADEQ plans to update the current rule (R18-16-202) with a new eligibility and evaluation site scoring model.

Water Quality Division

Rule:	Aquifer Water Quality Standards (18 A.A.C. 11, Article 4)
Contact:	Anna M. Ochoa, J.D. (602) 771-4589
Docket Opening:	Aug. 29, 2008 (14 A.A.R. 3444)
Proposed Rulemaking:
Hearings:
Close of Comment:
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Final Rulemaking:
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Summary: This Article establishes aquifer water quality standards. These standards apply to facilities licensed under the Aquifer Protection Permit (APP) program, which discharge pollutants to groundwater and guide remedial and corrective actions by various Department programs, such as Water Quality Assurance Revolving Fund (WQARF), Underground Storage Tank (UST), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The rulemaking will adjust aquifer water quality standards for uranium, arsenic and disinfection byproducts to be consistent with the new federal primary drinking water standards adopted by the Environmental Protection Agency (EPA) as required by A.R.S. § 49-223(A).

Rule:	Biosolids (18 A.A.C. 9, Art. 10)
Contact:	Anna M. Ochoa, J.D. (602) 771-4589
Docket Opening:	Aug. 29, 2008 (14 A.A.R. 3444))
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: This rulemaking proposes to clarify and update rules promoting the safe and beneficial use of biosolids also known as sewage sludge, and its secure disposal. These rules will be consistent with U.S. Environmental Protection Agency regulations under 40 CFR Part 503 for which the Department assumed primacy in 2001 during its establishment of the initial the Arizona Pollutant Discharge Elimination System (AZPDES) program which includes biosolids. In addition, this rulemaking will make necessary grammatical and technical modifications, amendments and corrections.

Rule:	Operator Certification (18 A.A.C. 5, Art. 1)
Contact:	Sean McCabe (602) 771-4600
Docket Opening:	Aug. 22, 2008 (14 A.A.R. 3296)
Proposed Rulemaking:	Aug. 22, 2008 (14 A.A.R. 3289)
Hearings:	Date: Sept. 25, 2008 Time: 1:30 p.m Location: Arizona Department of Environmental Quality 1110 W. Washington St., Room 250 Phoenix
Close of Comment:	Sept. 25, 2008
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The primary purpose of this rule is to clarify the process for suspending or revoking the certificate of an operator of a public drinking water system or wastewater system in Arizona.

Rule:	Public Water Systems Engineering Review Fees (18 A.A.C. 14, Article 2)
Contact:	Anna M. Ochoa, J.D (602) 771-4589
Docket Opening:	Aug. 3, 2007 (13 A.A.R. 2690)
Proposed Rulemaking:	June 13, 2008 (14 A.A.R. 2328)
Hearings:	Date: July 15, 2008 Time: 1:30 p.m. Location: Arizona Department of Environmental Quality 1110 W. Washington St., Room 250 Phoenix
Close of Comment:	July 15, 2008
GRRC Meeting:	October (anticipated)
Final Rulemaking:
Effective Date of Rule:
Summary: Pursuant to 18 A.A.C. 5, Article 5, Minimum Design Criteria, the Department prescribes minimum design standards for public water systems, and reviews plans and specifications for the systems. The purpose of this rulemaking is establish, by administrative rule, fees for performing technical reviews of plans for public water systems. The Department has a statutory responsibility to review plans for these facilities, and to assess fees for its reviews. A.R.S. § 49-353(A).

Rule:	Surface Water Quality Standards (18 A.A.C. 11, Article 1)
Contact:	Shirley Conard (602) 771-4632
Docket Opening:	March 28, 2008 (14 A.A.R. 897)
Proposed Rulemaking:	April 4, 2008 (14 A.A.R. 959) April 25, 2008 (14 A.A.R. 1281)
Hearings:	Date: June 4, 2008 Time: 2:00 p.m. Location: Arizona Department of Environmental Quality 1110 W. Washington St., Room 3175 Phoenix Date: May 19, 2008 Time: 1:30 p.m. Location: Pima County Public Library 101 N. Stone Ave., Lower Level Conference Room Tucson
Close of Comment:	June 4, 2008
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The department proposes to update the Surface Water Quality Standards rules by amending definitions; clarifying the applicability of the water quality standards rules; modifying designated uses; proposing new antidegradation implementation procedures; adopting new narrative water quality standards including a new narrative biocriterion; propose new numeric water quality criteria to protect human health; adopting new or revised water quality criteria for suspended sediment in surface waters; classifying new effluent dependent waters (EDWs); adopting numeric water quality criteria for total ammonia to maintain and protect water quality for aquatic life in EDWs; clarifying which canals are subject to regulation under the surface water quality standards rules; amending Appendix A by updating the water quality criteria to protect human health and aquatic life; and amending Appendix B by modifying the designated uses listed for surface waters.

Rule:	Impaired Water Identification (18 A.A.C. 11, Art. 6)
Contact:	Shirley Conard (602) 771-4632
Docket Opening:	Dec. 2, 2005 (11 A.A.R. 5130)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: ADEQ proposes to update the Impaired Water Identification rules to update methods for impaired water identification and 303(d) listings to be consistent with 2006 federal assessment and 303(d) listing guidance.

Rule:	Safe Drinking Water -- Incorporation by Reference (18 A.A.C. 4)
Contact:	Sean McCabe (602) 771-4600
Docket Opening:	Aug. 3, 2007 (13 A.A.R. 2688)
Proposed Rulemaking:	Feb. 29, 2008 (14 A.A.R. 567)
Hearings:	Date: April 1, 2008 Time: 1:30 p.m. Location: Arizona Department of Environmental Quality 1110 W. Washington St., Room 250 Phoenix Date: April 3, 2008 Time: 1:00 p.m. Location: State Office Complex 400 W. Congress St., Room 444 Tucson
Close of Comment:	April 4, 2008
GRRC Meeting:	July 1, 2008 (approved)
Final Rulemaking:	Aug. 1, 2008 (14 A.A.R. 2978)
Effective Date of Rule:	Aug. 30, 2008
Summary: The primary purpose of this rulemaking is to incorporate EPA's safe drinking water regulations by reference. The rulemaking will update Arizona's safe drinking water rules by incorporating the rule amendments that EPA has adopted since the department last updated its safe drinking water rules, and facilitate future updates to the department's safe drinking water rules.

Director's Office

Rule:	Definitions/Administrative Appeals Rule Amendments (18 A.A.C. 1, Art. 1 and Art. 2)
Contact:	Henry Darwin (602) 771-2328
Docket Opening:	April 21, 2006 (12 A.A.R. 1345)
Proposed Rulemaking:	April 20, 2007 (13 A.A.R. 1362)
Hearings:	Date: July 31, 2007 Time: 1 p.m. Location: Arizona Department of Environmental Quality 1110 W. Washington St., Room 250 Phoenix
Close of Comment:	5 p.m., Aug. 1, 2007
GRRC Meeting:
Termination of Rulemaking:	Dec. 21, 2007 (13 A.A.R. 4500)
Effective Date of Rule:
Summary: The proposed rules are part of ADEQ administrative procedures governing notices of appeal or requests for hearing before the Office of Administrative Hearings (OAH) or the Water Quality Appeals Board. ADEQ proposes changes clarifying that the Department takes no action on notices of appeal or requests for hearing that are not appealable agency actions, contested cases, or otherwise not according to applicable law. ADEQ also proposes rules for pleadings in response to a recommended decision. Specifically, that pleadings in response to a recommended decision may be filed with the Director and served upon all other parties to the action; that the opposing party may respond to the pleadings to the Director; but that no reply is permitted. The rationale for this rulemaking is to improve the clarity and efficiency of rules governing formal administrative adjudications filed with the ADEQ.

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