Waste Programs Division: Hazardous and Solid Waste Fee Rulemaking Activities

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Waste Programs Division: Hazardous and Solid Waste Fee Rulemaking Activities

Background

Both the Hazardous Waste Program and the Solid Waste Program generate insufficient revenue to support the costs of the programs. In the past, these programs were subsidized by other funding sources; however, those sources are no longer available to supplement the significant gap between program revenue and program costs.

House Bill 2705 : In December 2010 and January 2011, the Department held discussions with stakeholders to inform them of the funding deficit for the Hazardous Waste Program and the Solid Waste Program and the need to obtain legislative authority to make the programs self-sufficient through fees. Representative Amanda Reeve sponsored legislation during the First Regular Session of 2011, House Bill 2705, to authorize ADEQ to write fee rules for specific activities in both programs. House Bill 2705 was passed by the Arizona Senate and the Arizona House of Representatives and subsequently signed by Governor Brewer on April 25, 2011, effective July 20, 2011. The law provided interim funding for the programs through June 30, 2012. The Hazardous Waste Program and the Solid Waste Program fees became effective July 01, 2012 for FY 2013 and are published in the Arizona Administrative Register (AAR).

Arizona Administrative Register. Notice of Final Rulemaking, Title 18, Chapter 8. Department of Environmental Quality
- FY 2013 Hazardous Waste Management Fees
- FY 2013 Solid Waste Management Fees

Subscribe to our listserv to receive email notices regarding fee rules development. Select Hazardous Waste Fees and/or Solid Waste Fees.

Formal Rulemaking Activities

The Notice of Docket Opening for each of these rulemakings was published in the Arizona Administrative Register on September 16, 2011 (17 A.A.R. 1822) . The Notice of Proposed Rulemaking for the Hazardous Waste Program Fees was published in the Arizona Administrative Register on September 30, 2011 (17 A.A.R. 1916) . The Notice of Proposed Rulemaking for the Solid Waste Program Fees was also published on September 30, 2011 (17 A.A.R. 1929) .

Both rule packages received a favorable review from the Joint Legislative Budget Committee on April 03, 2012 and were approved by the Governor's Regulatory Review Council on May 01, 2012. The Notice of Final Rulemaking for the Hazardous Waste Program Fees was published on May 25, 2012 (18 A.A.R 1202) . The Notice of Final Rulemaking for the Solid Waste Program Fees was also published on May 25, 2012 (18 A.A.R. 1217) . The Hazardous Waste Program and the Solid Waste Program fees became effective July 01, 2012.

Informal Rulemaking Activities

Hazardous Waste Program

July 28, 2011	PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Hazardous Waste Fees
Summary:	ADEQ provided responses to public comments received on the June 28, 2011, version of the draft rules.
Documents	RCRA Grant Breakdown Generator Fee/Tonnage Cap Analysis Draft Hazardous Waste Fee Rule (August 03, 2011) Arizona Chamber of Commerce and Industry (August 26, 2011)
Public Comments	Arizona Hard Chrome (August 01, 2011) Salt River Project (SRP) (August 10, 2011) Arizona Mining Association (AMA) (August 10, 2011)

June 30, 2011	PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Hazardous Waste Fees
Summary:	Provided background information on program funding and staffing levels. Meeting participants were encouraged to provide feedback.
Documents	Draft Hazardous Waste Fees Table (June 14, 2011) Hazardous Waste Program Draft Fees Rule Text (June 28, 2011) Analysis of ADEQ RCRA C Activities PowerPoint Presentation (June 30, 2011) Hazardous Waste Management Fund Breakdown (July 11, 2011)
Public Comments	Comments on the draft rule were solicited by ADEQ with a copy going to Arizona State Representative Amanda A. Reeve, Chairman of the Environment Committee. Arizona Public Service 1 (July 5, 2011) Arizona Public Service 2 (July 6, 2011) Intel Arizona (July 12, 2011) Heritage Environmental Services (July 14, 2011) Clean Harbors (July 15, 2011) Pima County Department of Environmental Quality (July 15, 2011) Arizona Mining Association (AMA) (July 15, 2011) Arizona Chamber of Commerce and Industry (July 18, 2011) Arizona Hard Chrome (July 27, 2011)

Solid Waste Program

July 28, 2011	PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Solid Waste Fees
Summary:	ADEQ provided responses to public comments received on the June 28, 2011, version of the draft rules.
Documents	Revised Draft Solid Waste Fees Tables (July 26, 2011) Draft Solid Waste Fees Table (July 27, 2011) Draft Solid Waste Fee Rule (August 03, 2011) Draft Solid Waste Fee Table (August 03, 2011)
Public Comments	Salt River Project (SRP) (August 10, 2011) Arizona Mining Association (AMA) (August 10, 2011) Arizona Chapter of the Solid Waste Association of North America (AZSWANA) (August 10, 2011) Arizona Chamber of Commerce and Industry (August 26, 2011)

June 30, 2011	PUBLIC MEETING: Waste Programs Division: Review of Draft Rule Language for Solid Waste Fees
Summary:	Provided background information on program funding and staffing levels. Meeting participants were encouraged to provide feedback.
Documents	Draft Solid Waste Program Fees Table (June 21, 2011) Solid Waste Program Draft Fees Rule Text (June 28, 2011) Solid Waste Program Activity Breakdown (July 11, 2011) Solid Waste Fee Fund Breakdown (July 11, 2011)
Public Comments	Comments on the draft rule were solicited by ADEQ with a copy going to Arizona State Representative Amanda A. Reeve, Chairman of the Environment Committee. Portable Sanitation Association International (July 1, 2011) A Company Portable Restrooms 1 and 2 (July 11-12, 2011) Navajo County (July 12, 2011) Clean Harbors (July 15, 2011) Pima County Department of Environmental Quality (July 15, 2011) Gila County (July 15, 2011) Arizona Mining Association (AMA) (July 15, 2011) Arizona Chamber of Commerce and Industry (July 18, 2011)