Arizona Hazardous Waste Permit Process (18-AZ-b)
Arizona law defines "Hazardous waste" as: “garbage, refuse, sludge from a waste treatment plant, water supply treatment plant or air pollution control facility, or other discarded materials, including solid, liquid, semisolid or contained gaseous material, resulting from industrial, commercial, mining and agricultural operations or from community activities which because of its quantity, concentration or physical, chemical or infectious characteristics may cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating reversible illness or pose a substantial present or potential hazard to human health or the environment if improperly treated, stored, transported, disposed of or otherwise managed. Hazardous waste does not include solid or dissolved material in domestic sewage, solid or dissolved materials in irrigation return flows or industrial discharges which are point sources subject to permits under section 402 of the federal water pollution control act (P.L. 92-500; 86 Stat. 816), as amended, or source, special nuclear or by-product material as defined by the atomic energy act of 1954 (68 Stat. 919), as amended.” ARS 49-921(5).Developers that generate hazardous waste should first determine if they qualify as Conditionally Exempt Small Quantity Generators (CESQGs). CESQGs are subject to less stringent regulatory requirements.
Hazardous Waste Permit Process Process
18-AZ-b.1 to 18-AZ-b.3 - Will the Project Generate More than 220lbs of Hazardous Waste in any Month?
If the project will generate 220lbs of hazardous waste or less in any month, the developer can qualify as a ‘’’Conditionally Exempt Small Quantity Generator’’’ (CESQG). CESQGs may either treat or dispose of generated hazardous waste in an on-site facility or ensure delivery to a qualifying off-site treatment, storage or disposal facility. AAC R18-8-261 F and 40 CFR 261.5(g)(3). If planning to treat or dispose of hazardous waste in an on-site facility, the developer may need to obtain a Hazardous Waste Management (HWM) facility permit. If ensuring delivery off-site, CESQGs must still document the types and amount of hazardous waste generated for compliance purposes. AAC R18-8-261 F
For more information, consult the ADEQ Managing Hazardous Waste Handbook.
18-AZ-b.4 to 18-AZ-b.5 – Provide Public Notice of Pre-Application Meeting
Before the developer submits a Hazardous Waste Permit Application they are required to conduct at least one meeting with the public to solicit questions from the community and to inform the community of proposed hazardous waste management activities. The developer must provide public notice at least 30 days prior to the pre-application meeting. 40 CFR 124.32(a). The developer is subsequently required to provide documentation of the notice, a summary of the meeting including a list of attendees, and any written comments or materials submitted at the meeting to the ADEQ. AAC R18-8-271 R and 40 CFR 124.31(a-d).
18-AZ-b.6 – Notification of Regulated Waste Activity (EPA Form 8700-12)
Pursuant to the Resource Conservation and Recovery Act (RCRA), 40 CFR Part 262 mandates that all persons who generate, transport, treat, store, or dispose of hazardous waste are required to notify the EPA of their activities by obtaining an EPA Identification Number (EPAIN), unless otherwise exempt by law. In order to obtain an EPAIN, developers must submit a Notification of Regulated Waste Activity, also known as EPA Form 8700-12, to the ADEQ. This notice form can also serve as a component of the subsequent Hazardous Waste Part A Permit Application. The notice form must contain information identifying the:
- Proposed site;
- Legal owner of the site;
- Hazardous Waste Activities; and
- Description of the hazardous waste.
For more information, consult the ADEQ Hazardous Waste Management website.
18-AZ-b.7 to 18-AZ-b.8 – Does the ADEQ Issue an EPA Identification Number?
The ADEQ has authority from the EPA to issue (or deny) EPAINs. Without an EPAIN, the process ends.
18-AZ-b.9 – Will the Developer Treat, Dispose of, or Store (for > 90 days) Hazardous Waste?
After obtaining an EPAIN, developers may store generated hazardous waste for up to 90 days without a permit, so long as the hazardous waste is delivered to a qualifying off-site treatment or disposal facility periodically (every 90 days or less). AAC R18-8-262 and 40 CFR 262.34(d). However, if the developer plans to treat, dispose of, or store hazardous waste on-site, the developer must continue with the permitting process.
18-AZ-b.10 – Hazardous Waste Part A Permit Application (EPA Form 8700-23)
Developers with a valid EPAIN may submit a Hazardous Waste Part A Permit Application, also known as EPA Form 8700-23, to the ADEQ. The application must contain similar information to the Notification of Regulated Waste Activity, (explained in 18-AZ-b.6 above) and include additional information such as:
- List of other environmental permits;
- Correct process codes;
- Correct process descriptions;
- Topographical map;
- Scale drawing of the facility; and
18-AZ-b.11 to 18-AZ-b.12 – Review Application Materials for Completeness
The ADEQ will review the application materials for completeness. If the application is complete, then the ADEQ will issue a Draft Permit or a Notice of Intent to Deny. AAC R18-8-271 C(2)
18-AZ-b.13 – Does the ADEQ Approve the Application?
The ADEQ reviews complete applications and determines whether to issue a Draft Permit or Notice of Intent to Deny based on adherence to the provisions of 40 CFR 262 and 40 CFR 264, as incorporated by AAC R18-8-271 E.
18-AZ-b.14 – Notice of Intent to Deny and Fact Sheet
If the ADEQ determines that the application does not adhere to the provisions of ARS 49, Ch 5, Hazardous Waste Disposal and RCRA, they will issue a Notice of Intent to Deny. A Notice of Intent to Deny must state the ADEQ’s reasons for the intended denial. AAC R18-8-271 F. The Notice of Intent to Deny must be accompanied by a Fact Sheet based on the full administrative file. AAC R18-8-271 G.
The notice of intent to deny must be given by publication in a newspaper of general circulation in the area affected, broadcasts over local radio stations, and by mailing a copy of the notice to the developer and any applicable unit of local, state or federal government. AAC R18-8-271 I. The public notice must contain the following information at a minimum:
- The subject, time, and place of any scheduled hearing and the manner in which interested persons may present their views;
- A brief description of the procedures by which requests for hearings may be made, unless already scheduled;
- The name and address of the office processing the permit action for which notice is being given;
- The name and address of the developer, and, if different, of the facility or activity regulated by the permit;
- A brief description of the business conducted at the facility or activity described in the permit application or draft permit;
- The name, address, and telephone number of a person from whom interested persons may obtain further information; and
- The location where interested persons may secure copies of the notice of intent to deny.
18-AZ-b.15 – Draft Permit and Fact Sheet
If the ADEQ tentatively approves the application, they will prepare and issue a Draft Permit. A Draft Permit must contain all conditions, compliance schedules, monitoring requirements and technical standards of treatment, storage, and/or disposal provided for in 40 CFR Part 270 and AAC R18-8-271 E.
18-AZ-b.16 – Provide Public Notice of Draft Permit or Intent to Deny
The ADEQ must provide notice to the public of the issuance of a Draft Permit or a Notice of Intent to Deny. The notice requirements are identical to the requirements described above in 18-NM-b.14.
18-AZ-b.17 – Comment on Draft Permit or Intent to Deny
The ADEQ must allow public comment on the Draft Permit or Notice of Intent to Deny for at least 45 days. AAC R18-8-271 I(b)(1). The ADEQ will conduct a public hearing if there is a timely request. If the ADEQ determines that a public hearing is necessary, then the ADEQ will issue notice of the hearing at least 30 days in advance. AAC R18-8-271 I(b)(2)
18-AZ-b.18 to 18-AZ-b.21 – Is a Public Hearing Requested or Otherwise Necessary?
During the public comment period, any interested person may request a public hearing. Where the ADEQ does not receive any such requests, the ADEQ will make a final decision and either issue a Hazardous Waste Permit that mirrors the Draft Permit or deny the permit. If there is a request for a public hearing in response to a Draft Permit, the ADEQ and the developer will first work to attempt to resolve the issues giving rise to the opposition. If the issue is not resolved, then a public hearing will be conducted. No ruling on permit issuance may be made without an opportunity for a public hearing at which all interested persons must be given a reasonable chance to submit significant data, views or arguments orally or in writing and to examine witnesses testifying at the public hearing. AAC R18-8-271 J
The ADEQ must provide notice of any public hearing at least 30 days prior to the scheduled date of the hearing and must state the subject of such hearing. AAC R18-8-271 I(b)(2)
18-AZ-b.22 – Final Decision; Response to Comments
The final permit decision becomes effective after notice of the decision has been served to the developer. AAC R18-8-271 N. The ADEQ will issue a response, available to the public, to any comments that:
- Specifies which provisions, if any, of the Draft Permit were changed in the final permit decision, and the reasons for the change; and
- Briefly describes and responds to all comments on the Draft Permit or the permit application raised during the public comment period or hearing.
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