A. All of 40 CFR 124, revised as of July 1, 2020 (and no future editions), with the exception of §§ 124. 1 (b) through (e), 124. 2, 124. 4, 124. 16, 124. 20, 124. 21, and subparts C, D, and G, and with the exception of the revisions for standardized permits as published at 70 FR 53419, is incorporated by reference, modified by the following subsections, and on file with the DEQ. Copies of 40 CFR 124 are available at https://www.eCFR.gov. Copies of the Federal Register are available at https://www.federalregister.gov. B. § 124. 1, titled "Purpose and scope," paragraph (a) is replaced by the following:[This Section contains the DEQ procedures for issuing, modifying, revoking and reissuing, or terminating all hazardous waste management facility permits. This Section describes the procedures the DEQ shall follow in reviewing permit applications, preparing draft permits, issuing public notice, inviting public comment, and holding public hearings on draft permits. This Section also includes procedures for assembling an administrative record, responding to comments, issuing a final permit decision, and allowing for administrative appeal of the final permit decision. The procedures of this Section also apply to denial of a permit for the active life of a RCRA HWM facility or unit under § 270. 29.]
C. § 124. 3, titled "Application for a permit," is replaced by the following: (a)(1) Any person who requires a permit under this Article shall complete, sign, and submit to the Director an application for each permit required under § 270. 1. Applications are not required for RCRA permits-by-rule in § 270. 60.(2) The Director shall not begin processing a permit until the applicant has fully complied with the application requirements for that permit. (Refer to §§ 270. 10 and 270. 13).(3) An applicant for a permit shall comply with the signature and certification requirements of § 270. 11.(c) The Director shall review for completeness every application for a permit. Each application submitted by a new HWM facility shall be reviewed for completeness by the Director in the order of priority on the basis of hazardous waste capacity established in a list by the Director. The Director shall make the list available upon request. Upon completing the review, the Director shall notify the applicant in writing whether the application is complete. If the application is incomplete, the Director shall list the information necessary to make the application complete. When the application is for an existing HWM facility, the Director shall specify in the notice of deficiency a date for submitting the necessary information. The Director shall notify the applicant that the application is complete upon receiving this information. After the application is completed, the Director may request additional information from an applicant but only when necessary to clarify, modify, or supplement previously submitted material. Requests for additional information do not render an application incomplete.(d) If an applicant fails or refuses to correct deficiencies in the application, the permit may be denied and the Director may take appropriate enforcement actions against an existing HWM facility pursuant to A. R. S. §§ 49-923, 49-924 and 49-925. (e) If the Director decides that a site visit is necessary for any reason in conjunction with the processing of an application, the Director shall notify the applicant and schedule a date for a site visit.(f) The effective date of an application is the date on which the Director notifies the applicant that the application is complete as provided in paragraph (c) of this subsection. (g) For each application from a new HWM facility, the Director shall, no later than the effective date of the application, prepare and mail to the applicant a project decision schedule. The schedule shall specify target dates by which the Director intends to do the following:(1) Prepare a draft permit or Notice of Intent to Deny;(3) Complete the public comment period, including any public hearing;(4) Make a decision to issue or deny a final permit; and(5) Issue a final decision.D. § 124. 5, titled "Modification, revocation and reissuance, or termination of permits," is replaced by the following:(a) Permits may be modified, revoked and reissued, or terminated either at the request of any interested person (including the permittee) or upon the Director's initiative. However, permits may only be modified, revoked and reissued, or terminated for the reasons specified in §§ 270. 41 or 270. 43. All requests shall be in writing and shall contain facts or reasons supporting the request.(b) If the Director decides the request is not justified, the Director shall send the requester a brief written response giving a reason for the decision. Denials of requests for modification, revocation and reissuance, or termination are not subject to public notice, comment, or hearings.(c) Modification, revocation or reissuance of permits procedures. (1) If the Director tentatively decides to modify or revoke and reissue a permit under §§ 270. 41 or 270. 42(c), the Director shall prepare a draft permit under § 124. 6, incorporating the proposed changes. The Director may request additional information and, in the case of a modified permit, may require the submission of an updated application. In the case of revoked and reissued permits, the Director shall require the submission of a new application.(2) In a permit modification under this [subsection], only those conditions to be modified shall be reopened when a new draft permit is prepared. All other aspects of the existing permit shall remain in effect for the duration of the unmodified permit. The permit modification shall have the same expiration date as the unmodified permit. When a permit is revoked and reissued under this subsection, the entire permit is reopened just as if the permit had expired and was being reissued. During any revocation and reissuance proceeding the permittee shall comply with all conditions of the existing permit until a new final permit is reissued.(3) "Classes 1 and 2 modifications" as defined in § 270. 42 are not subject to the requirements of this subsection.(d) If the Director tentatively decides to terminate a permit under § 270. 43, the Director shall issue a notice of intent to terminate. A notice of intent to terminate is a type of draft permit which follows the same procedures as any draft permit prepared under § 124. 6. In the case of permits that are processed or issued jointly by both the DEQ and the EPA, a notice of intent to terminate shall not be issued if the Regional Administrator and the permittee agree to termination in the course of transferring permit responsibilities from the EPA to the state.(e) The Director shall base all draft permits, including notices of intent to terminate, prepared under this subsection on the administrative record as defined in § 124. 9.]E. § 124. 6, titled "Draft permits," is replaced by the following: (a) Once an application is complete, the Director shall tentatively decide whether to prepare a draft permit or to deny the application.(b) If the Director tentatively decides to deny the permit application, the Director shall issue a notice of intent to deny. A notice of intent to deny the permit application is a type of draft permit which follows the same procedures as any draft permit prepared under (e) of this subsection.(d) If the Director decides to prepare a draft permit, the Director shall prepare a draft permit that contains the following information:(1) All conditions under §§ 270. 30 and 270. 32, unless not required under 40 CFR 264 and 265;(2) All compliance schedules under § 270. 33;(3) All monitoring requirements under § 270. 31; and(4) Standards for treatment, storage, and/or disposal and other permit conditions under § 270. 30.(e) All draft permits prepared by the DEQ under this subsection shall be accompanied by a statement of basis (§ 124. 7,) or fact sheet (§ 124. 8,), and shall be based on the administrative record (§ 124. 9,), publicly noticed (§ 124. 10,) and made available for public comment (§ 124. 11,). The Director shall give notice of opportunity for a public hearing (§ 124. 12,), issue a final decision (§ 124. 15,) and respond to comments (§ 124. 17,). F. § 124. 7, titled "Statement of basis," is replaced by the following:The DEQ shall prepare a statement of basis for every draft permit for which a fact sheet under § 124. 8 is not prepared. The statement of basis shall briefly describe the derivation of the conditions of the draft permit and the reasons for them or, in the case of notices of intent to deny or terminate, reasons supporting the tentative decision. The statement of basis shall be sent to the applicant and, on request, to any other person.
G. § 124. 8, titled "Fact sheet," is replaced by the following: (a) The DEQ shall prepare a fact sheet for every draft permit for a new HWM facility, and for every draft permit that the Director finds is the subject of widespread public interest or raises major issues. The fact sheet shall briefly set forth the principal facts and the significant factual, legal, methodological and policy questions considered in preparing the draft permit. The Director shall send this fact sheet to the applicant and, on request, to any other person. (b) The fact sheet shall include, when applicable:(1) A brief description of the type of facility or activity that is the subject of the draft permit;(2) The type and quantity of wastes, that are proposed to be or are being treated, stored, or disposed;(4) A brief summary of the basis for the draft permit conditions including references to applicable statutory or regulatory provisions and appropriate supporting references to the administrative record required by § 124. 9;(5) Reasons why any requested variances or alternatives to required standards do or do not appear justified;(6) A description of the procedures for reaching a final decision on the draft permit including: (i) The beginning and ending dates of the comment period under §§ 124. 10 and the address where comments will be received;(ii) Procedures for requesting a hearing and the nature of that hearing; and(iii) Any other procedures by which the public may participate in the final decision; and(7) Name and telephone number of a person to contact for additional information.H. § 124. 9 titled "Administrative record for draft permits" is replaced by the following: (a) The provisions of a draft permit prepared under § 124. 6 shall be based on the administrative record defined in this subsection.(b) For preparing a draft permit under § 124. 6, the record consists of: (1) The application, if required, and any supporting data furnished by the applicant, subject to paragraph (e) of this subsection;(2) The draft permit or notice of intent to deny the application or to terminate the permit;(3) The statement of basis under §§ 124. 7 or fact sheet under § 124. 8;(4) All documents cited in the statement of basis or fact sheet; and(5) Other documents contained in the supporting file for the draft permit.(c) Material readily available at the DEQ or published material that is generally available, and that is included in the administrative record under paragraphs (b) and (c) of this subsection, need not be physically included with the rest of the record as long as it is specifically referred to in the statement of basis or the fact sheet. (d) This subsection applies to all draft permits when public notice was given after the effective date of these rules.(e) All items deemed confidential pursuant to A. R. S. § 49-928 shall be maintained separately and not disclosed to the public.I. § 124. 10, titled "Public notice of permit actions and public comment period," is replaced by the following: (a) Scope. (1) The Director shall give public notice that the following actions have occurred:(i) A permit application has been tentatively denied under § 124. 6(b);(ii) A draft permit has been prepared under § 124. 6(d); and(iii) A hearing has been scheduled under § 124. 12.(2) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied under § 124. 5(b). Written notice of that denial shall be given to the requester and to the permittee.(3) Public notices may describe more than one permit or permit actions.(b) Timing. (1) Public notice of the preparation of a draft permit (including a notice of intent to deny a permit application) required under paragraph (a) of this subsection shall allow at least 45 days for public comment.(2) Public notice of a public hearing shall be given at least 30 days before the hearing. (Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.)(c) Methods. Public notice of activities described in paragraph (a)(1) of this subsection shall be given by the following methods:(1) By mailing a copy of a notice to the following persons (any person otherwise entitled to receive notice under this subparagraph may waive his or her rights to receive notice for any classes and categories of permits): (ii) Any other agency which the Director knows has issued or is required to issue a HWM facility permit or any other federal environmental permit for the same facility or activity;(iii) Federal and state agencies with jurisdiction over fish, shellfish, and wildlife resources, the Advisory Council on Historic Preservation, State Historic Preservation Officers, including any affected states (Indian Tribes). For purposes of this paragraph, and in the context of the Underground Injection Control Program only, the term State includes Indian Tribes treated as States;(ix) Persons on a mailing list developed by: (A) Including those who request in writing to be on the list;(B) Soliciting persons for "area lists" from participants in past permit proceedings in that area; and(C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state-funded newsletters, environmental bulletins, or state law journals. (The Director may update the mailing list from time to time by requesting written indication of continued interest from those listed. The Director may delete from the list the name of any person who fails to respond to the request.); and(x)(A) To any unit of local government having jurisdiction over the area where the facility is proposed to be located; and(B) To each state agency having any authority under state law with respect to the construction or operation of the facility;(2) By newspaper publication and radio announcement broadcast, as follows: (ii) For all permits, publication of a notice in a daily or weekly major local newspaper of general circulation within the area affected by the facility or activity, at least once, and in accordance with the provisions of paragraph (b) of this subsection; and(iii) For all permits, a radio announcement broadcast over two local radio stations serving the affected area at least once during the period two weeks prior to the public hearing. The announcement shall contain:(A) A brief description of the nature and purpose of the hearing;(B) The information described in items (i), (ii), (iii), (iv), and (vii) of subparagraph (d)(1) of this subsection;(C) The date, time, and place of the hearing; and(D) Any additional information considered necessary or proper; or(4) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other forum or medium to elicit public participation.(d)(1) Each public notice issued under this Article shall contain the following minimum information: (i) Name and address of the office processing the permit action for which notice is being given;(ii) Name and address of the permittee or permit applicant and, if different, of the facility or activity regulated by such permit;(iii) A brief description of the business conducted at the facility or activity described in the permit application;(iv) Name, address and telephone number of a person from whom interested persons may obtain further information, including copies of the statement of basis or fact sheet;(v) A brief description of the comment procedures required by §§ 124. 11 and 124. 12 and the time and place of any hearing that shall be held, including a statement of procedures to request a hearing (unless a hearing has already been scheduled) and other procedures by which the public may participate in the final permit decision;(vi) The location of the administrative record required by § 124. 9, the times at which the record will be open for public inspection, and a statement that all data submitted by the applicant (except for confidential information pursuant to A. R. S. § 49-928 ) is available as part of the administrative record;(vii) The locations where a copy of the application and the draft permit may be inspected and the times at which these documents are available for public review; and(ix) Any additional information considered necessary or proper.(2) Public notices for hearings. In addition to the general public notice described in paragraph (d)(1) of this subsection, the public notice of a hearing under § 124. 12 shall contain the following information: (i) Reference to the date of previous public notices relating to the permit;(ii) Date, time, and place of the hearing; and(iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.(e) In addition to the general public notice described in paragraph (d)(1) of this subsection, all persons identified in paragraphs (c)(1)(i), (ii), and (iii) of this subsection shall be mailed a copy of the fact sheet or statement of basis, the permit application (if any), and the draft permit (if any).J. § 124. 11, titled "Public comments and requests for public hearings," is replaced by the following: During the public comment period provided under § 124. 10, any person may submit written comments on the draft permit and may request a public hearing, if no hearing has already been scheduled. A request for a public hearing shall be in writing and shall state the nature of the issues proposed to be raised in the hearing. All comments shall be considered in making the final decision and shall be answered as provided in § 124. 17.
K. § 124. 12, titled "Public hearings," is replaced by the following: (a)(1) The Director shall hold a public hearing whenever the Director finds, on the basis of requests, a significant degree of public interest in a draft permit.(2) The Director may also hold a public hearing at the Director's discretion whenever, for instance, such a hearing might clarify one or more issues involved in the permit decision.(3) The Director shall hold a public hearing whenever written notice of opposition to a draft permit and a request for a hearing has been received within 45 days of public notice under § 124. 10(b)(1). Whenever possible the Director shall schedule a hearing under this subsection at a location convenient to the nearest population center to the proposed facility.(4) Public notice of the hearing shall be given as specified in § 124. 10.(c) Any person may submit oral or written statements and data concerning the draft permit. Reasonable limits may be set upon the time allowed for oral statements, and the submission of statements in writing may be required. The public comment period under § 124. 10 shall automatically be extended to the close of any public hearing under this subsection. The hearing officer may also extend the comment period by so stating at the hearing.(d) A tape recording or written transcript of the hearing shall be made available to the public.L. § 124. 13, titled "Obligation to raise issues and provide information during the public comment period," is replaced by the following: [All persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, shall raise all reasonably ascertain-able issues and submit all reasonably available arguments supporting their position by the close of the public comment period (including any public hearing) under § 124. 10,. Any supporting materials that a commenter submits shall be included in full and shall not be incorporated by reference, unless they are already part of the administrative record in the same proceeding or consist of state or federal statutes and regulations, EPA documents of general applicability, or other generally available reference materials. Commenters shall make supporting material not already included in the administrative record available to the DEQ as directed by the Director.]M. § 124. 14, titled "Reopening of the public comment period," is replaced by the following:(a)(1) The Director may order the public comment period reopened if the procedures of this paragraph could expedite the decision-making process. When the public comment period is reopened under this paragraph, all persons, including applicants, who believe any condition of a draft permit is inappropriate or that the Director's tentative decision to deny an application, terminate a permit, or prepare a draft permit is inappropriate, must submit all reasonably available factual grounds supporting their position, including all supporting material, by a date, not less than 60 days after public notice under paragraph (a)(2) of this subsection, set by the Director. Thereafter, any person may file a written response to the material filed by any other person, by a date, not less than 20 days after the date set for filing of the material, set by the Director.(2) Public notice of any comment period under this paragraph shall identify the issues to which the requirements of § 124. 14(a) apply.(3) On the Director's own motion or on the request of any person, the Director may direct that the requirements of paragraph (a)(1) of this subsection shall apply during the initial comment period where it reasonably appears that issuance of the permit will be contested and that applying the requirements of paragraph (a)(1) of this subsection will substantially expedite the decision-making process. The notice of the draft permit shall state whenever this has been done.(4) A comment period of longer than 60 days will often be necessary in complicated proceedings to give commenters a reasonable opportunity to comply with the requirements of this subsection. Commenters may request longer comment periods and they shall be granted under § 124. 10 to the extent they appear necessary.(b) If any data, information, or arguments submitted during the public comment period, including information or arguments required under § 124. 13, appear to raise substantial new questions concerning a permit, the Director may take one or more of the following actions: (1) Prepare a new draft permit, appropriately modified, under §§ 124. 6;(2) Prepare a revised statement of basis under § 124. 7, a fact sheet or revised fact sheet under this § 124. 8, and reopen the comment period under this subsection; or,(3) Reopen or extend the comment period under § 124. 10 to give interested persons an opportunity to comment on the information or arguments submitted.(c) Comments filed during the reopened comment period shall be limited to the substantial new questions that caused its reopening. The public notice under § 124. 10 shall define the scope of the reopening.(e) Public notice of any of the above actions shall be issued under §§ 124. 10.N. § 124. 15, titled "Issuance and effective date of permit," is replaced by the following: (a) After the close of the public comment period under § 124. 10 on a draft permit, the Director shall issue a final permit decision or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit under § 270. 29. The Director shall notify the applicant and each person who has submitted written comments or requested notice of the final permit decision. This notice shall include reference to the procedures for appealing a decision on a permit or a decision to terminate a permit. For purposes of this subsection, a final permit decision means a final decision to issue, deny, modify, revoke and reissue, or terminate a permit.(b) A final permit decision or a decision to deny a permit for the active life of a RCRA hazardous waste management facility or unit under § 270. 29 becomes effective on the date specified by the Director in the final permit notice. O. § 124. 17, titled "Response to comments," is replaced by the following: (a) At the time that any final decision to issue a permit is made under § 124. 15, the Director shall issue a response to comments. This response shall: (1) Specify which provisions, if any, of the draft permit have been changed in the final permit decision, and the reasons for the change; and(2) Briefly describe and respond to all significant comments on the draft permit raised during the public comment period, or during any hearing.(b) Any documents cited in the response to comments shall be included in the administrative record for the final permit decision as defined in § 124. 18. If new points are raised or new material supplied during the public comment period, the DEQ may document its response to those matters by adding new materials to the administrative record.(c) The response to comments shall be available to the public.P. § 124. 18, titled "Administrative record for final permit" is replaced by the following: (a) The Director shall base final permit decisions under § 124. 15 on the administrative record defined in this subsection.(b) The administrative record for any final permit shall consist of the administrative record for the draft permit, and:(1) All comments received during the public comment period provided under § 124. 10, including any extension or reopening under § 124. 14,;(2) The tape or transcript of any hearing(s) held under § 124. 12;(3) Any written materials submitted at such a hearing;(4) The response to comments required by § 124. 17 and any new material placed in the record under that subsection;(6) Other documents contained in the supporting file for the permit; and(c) The additional documents required under (b) of this subsection shall be added to the record as soon as possible after their receipt or publication by the DEQ. The record shall be complete on the date the final permit is issued.(d) This subsection applies to all final permits when the draft permit was subject to the administrative record requirement of § 124. 9.(e) Material readily available at the DEQ, or published materials which are generally available and which are included in the administrative record under the standards of this subsection or of § 124. 17, ("Response to comments"), need not be physically included in the same file as the rest of the record as long as the materials and their location are specifically identified in the statement of basis or fact sheet or in the response to comments. Q. § 124.19, titled "Appeal of RCRA, UIC, and PSD permits," is replaced by the following: A final permit decision (or a decision under § 270. 29 to deny a permit for the active life of a RCRA hazardous waste management facility or unit issued under § 124. 15 is an appealable agency action as defined in A. R. S. § 41-1092 and is subject to appeal under A. R. S. Title 41, Ch. 6, Art. 10.
R. § 124.31(a) titled "Pre-application public meeting and notice" is amended by deleting the following sentence: "For the purpose of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR 271. "
S. § 124.32(a) titled "Public notice requirements at the application stage" is amended by deleting the following sentence: "For the purpose of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR 271. "
T. § 124.33(a) titled "Information repository" is amended by deleting the following sentence: "For the purpose of this section only, 'hazardous waste management units over which EPA has permit issuance authority' refers to hazardous waste management units for which the State where the units are located has not been authorized to issue RCRA permits pursuant to 40 CFR 271. "
Ariz. Admin. Code § R18-8-271
Adopted effective July 24, 1984 (Supp. 84-4). Amended subsection (A) effective June 27, 1985 (Supp. 85-3). Amended subsection (A) effective August 5, 1986 (Supp. 86-4). Former Section R9-8-1871 renumbered as R18-8-271; subsections (A), (C), (E), (I), (L) and (M) amended effective May 29, 1987 (Supp. 87-2). Amended subsection (C) effective December 1, 1988 (Supp. 88-4). Amended effective October 11, 1989 (Supp. 89-4). Amended effective August 14, 1991 (Supp. 91-3). Amended effective October 6, 1992 (Supp. 92-4). Amended effective December 2, 1994 (Supp. 94-4). Amended effective December 7, 1995 (Supp. 95-4). Amended effective June 13, 1996 (Supp. 96-2). Amended effective August 8, 1997 (Supp. 97-3). Amended effective June 4, 1998 (Supp. 98-2). Amended by final rulemaking at 5 A.A.R. 4625, effective November 15, 1999 (Supp. 99-4). Amended by final rulemaking at 6 A.A.R. 3093, effective July 24, 2000 (Supp. 00-3). Amended by final rulemaking at 9 A.A.R. 816, effective April 15, 2003 (Supp. 03-1). Amended by final rulemaking at 10 A.A.R. 4364, effective December 4, 2004 (Supp. 04-4). Amended by final rulemaking at 11 A.A.R. 5523, effective February 4, 2006 (Supp. 05-4). Amended by final rulemaking at 12 A.A.R. 3061, effective October 1, 2006 (Supp. 06-3). Amended by final rulemaking at 14 A.A.R. 409, effective March 8, 2008 (Supp. 08-1). Amended by final rulemaking at 31 A.A.R. 1246, effective 9/5/2015. Amended by final rulemaking at 25 A.A.R. 435, effective 2/5/2019. Amended by final rulemaking at 26 A. A. R. 2949, effective 11/3/2020.