Air Quality Division

• Air Pollution Emergency Episodes
• Articles 6 & 8, "Reasonable Precautions"
• Mercury Rule Revision 2008
• NAAQS Update: PM_2.5 (2006), 8-hour Ozone (2008) & Lead (2008)
• New Source Review SIP gap/Reform
• Test Methods
• Unlawful Open Burning

Tank Programs Division

Waste Programs Division

• Engineering Controls/Financial Assurance Rules
• Hazardous Waste Rule Amendments 2007
• Solid Waste Facilities (formerly known as Integrated Solid Waste Regulatory Framework)
• Special Waste
• WQARF Site Scoring Rule Amendments

Water Quality Division

• Aquifer Water Quality Standards
• Biosolids

Air Quality Division

Rule:	Air Pollution Emergency Episodes (18 A.A.C. 2, Art. 2)
Contact:	Thomas C. Luch (602) 771-4480
Docket Opening:	Feb. 8, 2008 (14 A.A.R. 426)
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Summary: The Arizona Department of Environmental Quality is considering amending R18-2-220, Air Pollution Emergency Episodes, to incorporate the equivalent of 40 CFR Part 51, Subpart H and Appendix L, to update the comprehensive source curtailment procedure for periods of extreme concentrations of atmospheric pollutants. This rulemaking will make Arizona's standards contemporary with federal rules and is required under Section 110(a)(2) of the Clean Air Act.

Rule:	Articles 6 & 8, "Reasonable Precautions" (18 A.A.C. 2, Art. 2)
Contact:	Danielle M. Dancho (602) 771-4210
Docket Opening:	May 16, 2008 (14 A.A.R. 1844)
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Summary: The Arizona Department of Environmental Quality is considering clarifying the "reasonable precautions" requirement in Articles 6 & 8 to address EPA concerns regarding the enforceability of the rules as written.

Rule:	Mercury Rule Revision 2008 (18 A.A.C. 2, Art. 7)
Contact:	Steve Burr (602) 771-4251
Docket Opening:	April 4, 2008 (14 A.A.R. 1102)
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Summary: The Arizona Department of Environmental Quality is considering amending its rules that require reductions in mercury emissions from coal-fired power plants (A.A.C. R18-2-733, R18-2-733.01 and R18-2-734) to take into account the decision of the D.C. Circuit Court of Appeals in New Jersey v. EPA, No. 05-1097 (D.C. Cir. Feb. 8, 2008) vacating EPA's Clean Air Mercury Rule. The amendments would adopt state-enforceable program requirements, including monitoring, recordkeeping and reporting.

Rule:	NAAQS Update: PM2.5 (2006), 8-hour Ozone (2008) & Lead (2008) (18 A.A.C. 2, Article 2)
Contact:	Thomas C. Luch (602) 771-4480
Docket Opening:	June 6, 2008 (14 A.A.R. 2245)
Proposed Rulemaking:	Dec. 19, 2008 (14 A.A.R. 4593)
Notice of Public Information:	Feb. 6, 2009 (15 A.A.R. 380) The Notice of Proposed Rulemaking filed on Dec. 19, 2008; was withdrawn pursuant to the Governor's Regulatory Review Plan Memorandum of Jan. 22, 2009.
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Summary: ADEQ is proposing to amend its current standards for Particulate Matter: PM10 and PM2.5, R18-2-201, and Ozone: 1-hour standard and 8-hour averaged standard, R18-2-203, to add the 2006 and 2008 EPA NAAQS concentration standards, updating the primary and secondary attainment standards for PM2.5 and 8-hour ozone. ADEQ is also proposing to add the 2008 EPA more stringent standards for Lead.

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)
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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.

Rule:	Test Methods (18 A.A.C. 2, Article 1,2, 3 & Appendix 2)
Contact:	Thomas C. Luch (602) 771-4480
Docket Opening:	Dec. 26, 2008 (14 A.A.R. 4933)
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Summary: The Arizona Department of Environmental Quality is considering incorporating all EPA-approved test methods and protocols into its incorporated materials rule R18-2-102, and Appendix 2. These additions will be cross-referenced within rules R18-2-215, ambient air quality monitoring methods and procedures; and R18-2-311, air pollution test methods and procedures.

Rule:	Unlawful Open Burning (18 A.A.C. 2, Art. 2)
Contact:	Danielle M. Dancho (602) 771-4210
Docket Opening:	May 16, 2008 (14 A.A.R. 1844)
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Summary: The Arizona Department of Environmental Quality is considering revisions to Section R18-2-602, Unlawful Open Burning, consistent with the Environmental Protection agency's new requirements in Title 40 C.F.R. Part 60, Subpart EEEE, federally effective June 16, 2006, for certain other solid waste incineration (OSWI) units and new air curtain incinerators. The Agency is considering adding a cross-reference to Article 9, New Source Performance Standards, to be consistent with the requirements referenced in Title 40 C.F.R. § 60.2888, which subjects OSWI units and air curtain incinerators to certain provisions of Title 40 C.F.R. Part 60, Subpart FFFF at §§ 60.2970 through 60.2974 and to the requirement to obtain a Clean Air Act Title V operating permit. The Agency is also considering adding a cross-reference to Article 5, General Permits, and revising the definition of "air curtain destructor" in Section R18-2-101.

Tank Programs Division

Waste Programs Division

Rule:	Engineering Controls/Financial Assurance Rules (18 A.A.C. 7, Art. 7)
Contact:	Ren Willis-Frances (602) 771-4109
Docket Opening:	March 28, 2008 (14 A.A.R. 897)
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Summary: ADEQ is considering rules that would add a new Article 7 on Engineering Controls. These new rules would provide details on how to implement the provisions of A.R.S. § 49-152.01, which specify requirements for an engineering control plan and for financial assurance mechanisms that are intended to cover the costs of maintaining and restoring an engineering control.

Rule:	Hazardous Waste Rule Amendments 2007 (18 A.A.C. 8, Art.2)
Contact:	Mark Lewandowski (602)771-2230
Docket Opening:	March 7, 2008 (14 A.A.R. 753)
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Summary: The Department of Environmental Quality is considering amendments to state hazardous waste rules that incorporate the text of federal regulations to cover changes in the federal regulations through at least June 30, 2007.

Rule:	Solid Waste Facilities (formerly known as Integrated Solid Waste Regulatory Framework) (18 A.A.C. 13)
Contact:	Martha Seaman (602)771-2221
Docket Opening:	Feb. 6, 2009 (15 A.A.R. 374)
Notice of Public Information:	Feb. 6, 2009 (15 A.A.R. 381) A Notice of Proposed Rulemaking was filed on Jan. 14, 2009; the notice was withdrawn prior to publication pursuant to the Governor's Regulatory Review Plan Memorandum of Jan. 22, 2009.
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Summary: The purpose of this rulemaking is to establish a systematic and comprehensive framework for regulating solid waste facilities and solid waste streams in Arizona. This rulemaking will integrate and implement statutory provisions related to best management practices, self-certification requirements, plan approval procedures, financial assurance requirements, design and operation rules for solid waste facilities, and other topics.

Rule:	Special Waste (18 A.A.C. 13, Art. 13 and Art. 16)
Contact:	Mindi Cross (602) 771-4418
Docket Opening:	April 4, 2008 (14 A.A.R. 1103)
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Summary: The Department is considering amendments to the regulations governing the management, treatment, storage, and disposal of special waste. Special waste is defined by A.R.S. § 49-852 as waste that contains petroleum contaminated soils and waste from shredding motor vehicles, and is currently regulated by two sets of rules. The first, Title 18, Chapter 13, Article 13, regulates registration, manifesting, and fees for both petroleum contaminated soil (PCS), and shredder residue, and provides best management practices (BMPs) for facilities shredding motor vehicles. The second, Title 18, Chapter 13, Article 16, provides BMPs for handling PCS only. Although both Articles address the handling of special waste, they were written at different times using different regulatory philosophies, often resulting in inconsistencies. In some cases the rules did not envision numerous special waste handling scenarios which have since become issues that must be addressed in rule in order to provide clear direction for the safe and proper handling of special waste. The Department proposes to combine Title 18, Chapter 13, Article 13 (Special Waste) with Chapter 13, Article 16 (Best Management Practices for Petroleum Contaminated Soil) into one rule as Title 18, Chapter 13, Article 13 (Special Waste). These revisions will rectify contradictions between the two original sets of rules and existing rules and statute, and create a uniform and consistent regulatory structure for all special waste. Revisions will also provide direction on waste handling procedures previously not addressed.

Rule:	WQARF Site Scoring Rule Amendments (18 A.A.C. 16, Art. 2)
Contact:	Peggy J. Guichard-Watters (602) 771-4117
Docket Opening:	March 21, 2008 (14 A.A.R. 849)
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Summary: ADEQ is considering amendments to the existing rule regarding the scoring of sites for placement on the Water Quality Assurance Revolving Fund (WQARF) Registry. The current site scoring rule incorporates by reference an eligibility and evaluation site scoring model that was established in October 1996. ADEQ plans to update the current rule (R18-16-202) with a new eligibility and evaluation site scoring model.

Water Quality Division

Rule:	Aquifer Water Quality Standards (18 A.A.C. 11, Article 4)
Contact:	Anna M. Ochoa, J.D. (602) 771-4589
Docket Opening:	Aug. 29, 2008 (14 A.A.R. 3444)
Notice of Public Information:	Feb. 6, 2009 (15 A.A.R. 380) A Notice of Proposed Rulemaking was filed on Jan. 16, 2009; the notice was withdrawn prior to publication pursuant to the Governor's Regulatory Review Plan Memorandum of Jan. 22, 2009.
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Summary: This Article establishes aquifer water quality standards. These standards apply to facilities licensed under the Aquifer Protection Permit (APP) program, which discharge pollutants to groundwater and guide remedial and corrective actions by various Department programs, such as Water Quality Assurance Revolving Fund (WQARF), Underground Storage Tank (UST), and Comprehensive Environmental Response Compensation and Liability Act (CERCLA). The rulemaking will adjust aquifer water quality standards for uranium, arsenic and disinfection byproducts to be consistent with the new federal primary drinking water standards adopted by the Environmental Protection Agency (EPA) as required by A.R.S. § 49-223(A).

Rule:	Biosolids (18 A.A.C. 9, Art. 10)
Contact:	Anna M. Ochoa, J.D. (602) 771-4589
Docket Opening:	Aug. 29, 2008 (14 A.A.R. 3444)
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Summary: This rulemaking proposes to clarify and update rules promoting the safe and beneficial use of biosolids also known as sewage sludge, and its secure disposal. These rules will be consistent with U.S. Environmental Protection Agency regulations under 40 CFR Part 503 for which the Department assumed primacy in 2001 during its establishment of the initial the Arizona Pollutant Discharge Elimination System (AZPDES) program which includes biosolids. In addition, this rulemaking will make necessary grammatical and technical modifications, amendments and corrections.