What is Arizona's Pollution Prevention (P2) policy?
In Arizona House Bill 2121 the Arizona legislature adopted a state P2 policy as follows:
"In the interest of protecting the public health and safety and the environment, the legislature declares that it is the policy of this state to:
- Encourage P2 whenever technically and economically practicable, without shifting risks from one part of a process, environmental medium or product to another.
- Reduce the amount of hazardous substances used and reduce the amount of hazardous waste generated in this state."
The Arizona P2 Plan Program can be found in Arizona Revised Statutes (A.R.S.) § 49-961 through 973.
- 49-962: Toxic Data Report; progress report; exemption
- 49-963: P2 plan; progress report; exemption
- 49-964: Review of reports and plans; enforcement; contempt
- 49-965: P2 technical assistance program
- 49-967: Availability of information to the public
- 49-968: Department rules for adding or deleting toxic substances
- 49-969: Consumer product information
- 49-972: P2 plan for state agencies
- 49-973: Toxic data report for state agencies
What are the required filing thresholds?
A P2 Plan shall be prepared and implemented if any one of the following thresholds is met.
- A person who owns or operates a facility that meets the reporting requirements prescribed by A.R.S. § 49-962
shall prepare and implement a P2 plan that addresses a reduction in the use of toxic substances and the
generation of hazardous wastes. [Ref: A.R.S. § 49-963.A]
- During the preceding calendar year, the owner or operator was required to filed an annual toxic chemical release (EPA TRI) form (Form A or Form R) for the facility. [Ref: A.R.S. § 49-962.1]
- During the preceding calendar year, the facility generated an average of 1 kilogram per month of acutely hazardous
waste or an average of 1,000 kilograms per month of hazardous waste in a calendar year, exclusive of an episodic, accidental or
remediation related release or occurrence. [Ref: A.R.S. § 49-962.2]
- A facility that uses in excess of ten thousand pounds in a calendar year of a toxic substance as defined in
A.R.S. § 49-961 shall file a P2 plan by December 31 of the following year. [Ref: A.R.S. § 49-963.D]
Please visit the U.S. EPA: Toxics Release Inventory (TRI) for a list of toxic substances (chemicals and chemical categories).
Are there any exemptions to doing a P2 Plan?
Yes, if you meet any of the following exemptions a P2 Plan is not required, even if the facility meets the threshold requirements. The department welcomes voluntary submittal of a P2 Plan.
- The facility is located on tribal land.
- The facility is a household hazardous waste collection facility.
- The facility is primarily engaged in receiving waste from off-site and has a permit or plan approved under A.R.S. § 49 for storing, treating or disposing of solid, special, or hazardous waste.
- All of the toxic substances used are for metallurgical or mining purposes (smelting, refining) per A.R.S. § 27-901.9.
- The facility is required to file solely due to the storage, supply, application or use of a pesticide as defined in A.R.S. § 3-361 for agricultural application and is subject to the pesticide reporting or record keeping requirements, pursuant to A.R.S. §49-305 or rules adopted pursuant to A.R.S. § 3-363.
- The facility's industry is issued an agricultural general permit pursuant to A.R.S. § 49-947.
- The facility caused a one-time, unexpected, event that generates a hazardous waste or an acutely hazardous waste from an unused hazardous substance and;
- The unused hazardous substance cannot be lawfully used due to changes in statute, or rule and;
- A toxic data report has been filed for the event as prescribed in A.R.S. § 49-962 and;
- The toxic data report is required solely as a result of the one-time generation event.