ADEQ FY 2011 Fee Increases (Exempt rulemakings)

• Notice of Public Information
• Air Quality Fees (May 21, 2010)16 A.A.R. 844
• Aquifer Protection Permit Fees and other fees for water quality protective services (May 21, 2010) 16 A.A.R. 851
• Hazardous Waste Program Fees (May 21, 2010) 16 A.A.R. 846
• Solid Waste Program Fees (May 21, 2010) 16 A.A.R. 848
• Response to Comments (July 1, 2010)
• Solid Waste Fees for FY 2011 - Special Waste Fees Amendment (August 13, 2010) 16 A.A.R. 1503

Air Quality Division

• Air Quality Fee Rule (18 A.A.C. 2, Article 2)
• Agricultural Best Management Practices (AgBMP) Rule Revisions 2010 (18 A.A.C. 2, Article 6)
• New Source Review SIP gap/Reform

Waste Programs Division

• Hazardous Waste Program Fees for FY 2011 (18 A.A.C. 8, Art. 2)
• Solid Waste Fees for FY 2011 (18 A.A.C. 13, Art. 27)
• Solid Waste Fees for FY 2011 - Special Waste Fees Amendment (18 A.A.C. 13, Art. 27)

Water Quality Division

• Aquifer Protection Permit Fees and other fees for water quality protective services (18 A.A.C. 14, Article 1)
• Water Quality Protection Fees (18 A.A.C. 14, Article 1)

Air Quality Division

Rule:	Air Quality Fee Rule (18 A.A.C. 2, Article 2)
Contact:	Danielle M. Dancho (602) 771-4210
Docket Opening:
Proposed Rulemaking:
Hearings:
Close of Comment:	5:00 p.m. June 7, 2010
GRRC Meeting:
Final Rulemaking:	May 21, 2010 (16 A.A.R. 844)
Effective Date of Rule:	July 1, 2010
Summary: In Laws 2010, 7th Spec. Sess., Chapter 7, § 5, the Arizona Department of Environmental Quality (ADEQ) was granted authority to increase fees in fiscal year 2010-2011 for services in fiscal year 2010-2011. Under the law, ADEQ is "exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section until July 1, 2011." After examining multiple fees across its three divisions that generate fees, and considering the stability of the funding resource, impact on stakeholders, and the revenue shortfall projected for fiscal year 2011, ADEQ added rule R18-2-326.01, which will increase emissions fees for fiscal year 2011 paid by Class I Title V sources that have undergone initial startup by January 1, 2009. Every facility will be required to pay an additional $20.82 per ton of emissions and will pay the same emissions fee. The increase in emissions fees is anticipated to generate approximately $1,294,300 in additional revenue that will be used to fund the services of ADEQ in fiscal year 2011.

Rule:	Agricultural Best Management Practices (AgBMP) Rule Revisions 2010 (18 A.A.C. 2, Article 6)
Contact:	Danielle M. Dancho (602) 771-4210 or Thomas C. Luch (602) 771-4480
Docket Opening:	April 23, 2010 (16 A.A.R. 659)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: The AgBMP Committee, with the assistance of the Arizona Department of Environmental Quality (ADEQ), is considering amending the general permit specifying best management practices for regulated agricultural activities to reduce particulate matter less than 10 microns (PM10), by adding a new section to include animal operations, R18-2-611.01, Best Management Practices for Animal Operations in Maricopa PM10 Nonattainment Area and Maricopa County Portion of Area A. Rules R18-2-610, Definitions for R18-2-611, and R18-2-611, Agricultural PM 10 General Permit; Maricopa PM10 Nonattainment Area and Maricopa County Portion of Area A, will also be amended as part of this rulemaking. The AgBMP Committee is considering adding the new section and amending the rules in order to finalize the rulemaking implemented by Forty-ninth Legislature, First Regular Session, 2009, Chapter 180, Senate Bill 1225, Section 2. Under A.R.S. § 49-457(L), the AgBMP Committee has the authority to "reexamine, evaluate and modify best management practices." This rulemaking is exempted from the regulatory moratorium under House Bill 2008, Section 28, Forty-ninth Legislature, Third Special Session, 2009, Chapter 7, Subsection B (1), which provides an exemption for rulemakings that are "an authorization or requirement enacted by the legislature after January 1, 2009..."

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.

Waste Programs Division

Rule:	Hazardous Waste Program Fees for FY 2011 (18 A.A.C. 8, Art. 2)
Contact:	Mark Lewandowski (602) 771-2230
Docket Opening:
Proposed Rulemaking:
Hearings:
Close of Comment:	5:00 p.m. June 7, 2010
GRRC Meeting:
Final Rulemaking:	May 21, 2010 (16 A.A.R. 846)
Effective Date of Rule:	July 1, 2010
Summary: In Laws 2010, 7th Spec. Sess., Chapter 7, § 5, the Arizona Department of Environmental Quality (ADEQ) was granted authority to increase fees in fiscal year 2010-2011 for services in fiscal year 2010-2011. Under the law, ADEQ is "exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section until July 1, 2011." After examining multiple fees across its three divisions that generate fees, and considering the stability of the funding resource, impact on stakeholders, and the revenue shortfall projected for fiscal year 2011, ADEQ added rule R18-8-201, increasing the hazardous waste generation and disposal fees set forth in A.R.S. § 49-931 by a factor of seven. The increase in these hazardous waste fees is anticipated to generate approximately $974,400 in additional revenue that will be used to fund the services of ADEQ in fiscal year 2011.

Rule:	Solid Waste Fees for FY 2011 (18 A.A.C. 13, Art. 27)
Contact:	Peggy J. Guichard-Watters (602) 771-4117
Docket Opening:
Proposed Rulemaking:
Hearings:
Close of Comment:	5:00 p.m. June 7, 2010
GRRC Meeting:
Final Rulemaking:	May 21, 2010 (16 A.A.R. 848)
Effective Date of Rule:	July 1, 2010
Summary: In Laws 2010, 7th Spec. Sess., Chapter 7, § 5, the Arizona Department of Environmental Quality (ADEQ) was granted authority to increase fees in fiscal year 2010-2011 for services in fiscal year 2010-2011. Under the law, ADEQ is "exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section until July 1, 2011." After ADEQ examined multiple fees across its three divisions, and considering the stability of the funding resource, impact on stakeholders, and the revenue shortfall projected for fiscal year 2011, ADEQ added R18-13-2701 through 2703, adjusting three Solid Waste Program fees. ADEQ is increasing the Special Waste Management Fee from $2.00 per ton to $10.00 per ton and raising the maximum of $20,000 per generator site per year to $100,000 for special waste that is transported to a facility for treatment, storage or disposal. ADEQ is increasing the Landfill Registration Fees from a range of $500.00 through $5000.00 to a range of $2,500.00 through $25,000.00. This will be accomplished through charging the current fees established in statute plus one-time fees. ADEQ is also increasing the hourly fee for solid waste plan review from $58.81 to $127.49 per hour. Additional revenues generated by fee increases to the Waste Programs Division's Solid Waste Program under this exempt rulemaking will be approximately $1.3 million and will be used to fund the services of ADEQ in fiscal year 2011.

Rule:	Solid Waste Fees for FY 2011 - Special Waste Fees Amendment (18 A.A.C. 13, Art. 27)
Contact:	Peggy J. Guichard-Watters (602) 771-4117
Docket Opening:
Proposed Rulemaking:
Hearings:
Close of Comment:	5:00 p.m. June 7, 2010
GRRC Meeting:
Final Rulemaking:	August 13, 2010 (16 A.A.R. 1503)
Effective Date of Rule:	July 1, 2010
Summary: Pursuant to Laws 2010, 7th Spec. Sess., Chapter 7, § 5, the Arizona Department of Environmental Quality (ADEQ) was granted authority to increase fees in fiscal year 2010-2011 for services in fiscal year 2010-2011. Under the law, ADEQ is "exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section until July 1, 2011." It was determined that the Waste Programs Division's Solid waste Program would generate additional revenue by adjusting three Solid Waste Program fees: the Special Waste Management Fee, the Landfill Registration Fees, and the hourly Plan Review Fee. Rules were written to adjust these fees and were published in the Arizona Administrative Register on May 21, 2010. ADEQ received a number of comments regarding the increase of the special waste fees from $2.00 to $10.00 per ton and the cap from $20,000 to $100,000 for fiscal year 2011. In light of these comments, ADEQ has reduced the increase in special waste fees with this exempt rulemaking. ADEQ readjusted the Special Waste Management Fee from $10.00 per ton to $5.00 per ton and lowered the maximum of $100,000 per generator site per year to $50,000 per generator site per year for special waste that is transported to a facility for treatment, storage or disposal.

Water Quality Division

Rule:	Aquifer Protection Permit Fees and other fees for water quality protective services (18 A.A.C. 14, Article 1)
Contact:	Wendy LeStarge (602) 771-4836
Docket Opening:
Proposed Rulemaking:
Hearings:
Close of Comment:	5:00 p.m. June 7, 2010
GRRC Meeting:
Final Rulemaking:	August 13, 2010 (16 A.A.R. 1505)
Effective Date of Rule:	July 1, 2010
Summary: In Laws 2010, 7th Spec. Sess., Chapter 7, § 5, the Arizona Department of Environmental Quality (ADEQ) was granted authority to increase fees in fiscal year 2010-2011 for services in fiscal year 2010-2011. Under the law, ADEQ is "exempt from the rule making requirements of title 41, chapter 6, Arizona Revised Statutes, for the purpose of establishing fees pursuant to this section until July 1, 2011." After ADEQ examined multiple fees across its three divisions, ADEQ added R18-14-108 through a Notice of Exempt Rulemaking, effective July 1, 2010, and published in the Arizona Administrative Register on May 21, 2010. ADEQ described modifications to two typographical errors in Table 2 in its response to comments, posted on ADEQ's Web site. ADEQ is publishing this new Notice of Exempt Rulemaking correcting the errors in Table 2.

Rule:	Water Quality Protection Fees (18 A.A.C. 14, Article 1)
Contact:	Wendy LeStarge (602) 771-4836
Docket Opening:	August 27, 2010 (16 A.A.R. 1676)
Proposed Rulemaking:
Hearings:
Close of Comment:
GRRC Meeting:
Final Rulemaking:
Effective Date of Rule:
Summary: Pursuant to Laws 2010, Ch. 265, the Arizona Department of Environmental Quality (ADEQ) was granted authority to establish water quality permitting fees by rule, including those permits related to the Arizona Pollutant Discharge Elimination System (AZPDES) program. The purpose of this rulemaking is to amend ADEQ's rules on Water Quality Protection Fees and to establish fees for the AZPDES permits.