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Final Rule | Water Quality Division

Completed Rulemakings

Water Quality Division

Revised on: Nov. 15, 2023 - 3:33 p.m.

ADEQ maintains a list of completed rulemakings on our website for two years following their effective dates. Following is a list of completed rulemakings related to the Water Quality Division:

Summary

ADEQ identified the need for technical corrections to the groundwater rules during the prior five-year rule reviews of 18 AAC Chapters 5, 6 and 11. This expedited rulemaking is limited to correcting typographical errors, correcting outdated citations, clarifying language, and fixing similar clerical issues. These technical corrections will not change the meaning of the rules beyond what is already intended and will not add additional burden. As corresponding and referenced statutes and rules change, associated rules must also be corrected and mistakes concurrently fixed.

Documents

Notices of Docket Openings:
  • 18 A.A.C. Chapter 5 | View >
  • 18 A.A.C. Chapter 6 | View >
  • 18 A.A.C. Chapter 11 | View >
Summary Notice of Proposed Expedited Rulemaking
  • 18 A.A.C. Chapter 5 | View >
  • 18 A.A.C. Chapter 6 | View >
  • 18 A.A.C. Chapter 11 | View >
  • Comment period open through May 22, 2023
Summary Notice of Final Expedited Rulemaking
  • 18 A.A.C. Chapter 5 | View >
  • 18 A.A.C. Chapter 6 | View >
  • 18 A.A.C. Chapter 11 | View >

Effective Date: Sept. 22, 2023

Additional Information:

Governor’s Regulatory Review Council (GRRC) Study Session (Aug. 29, 2023) and Council Meeting (Sept. 6, 2023) Agendas, Meeting Documents, including PDF copies of materials provided to GRRC for rulemakings, and Minutes available on GRRC's website | Visit Website >

Summary

ADEQ conducted a rulemaking to update its water quality fees to maintain our ability to implement water quality programs that protect public health, and to maintain Arizona’s primacy of federal programs. In addition, we amended fee requirements for water quality protection services. We were granted authority through House Bill 2406 in the 2022 legislative session to update fees for multiple water programs.

Water quality fees had not been adjusted since 2011 and the Water Quality Fee Fund faced a structural deficit relative to the Water Quality Division’s costs. Inflation has increased roughly 43 percent since the last adoption of water permitting fees and 34 percent since the adoption of fees for Operator Certification. Without remedy, this deficit would have impacted our long-term ability to effectively implement state and federal water quality programs. Program fees included in this rulemaking are: the Clean Water Act, the Safe Drinking Water Act, the Arizona Aquifer Protection Program, and the Arizona reclaimed water program (A.A.C. Title 18 Chapter 14, Articles 1, 2, 3).

Documents

  • Notice of Docket Opening | View >
  • Notice of Proposed Rulemaking | View >
  • Notice of Final Rulemaking | View >

Effective Date: Aug. 4, 2023

Additional Information:

Governor’s Regulatory Review Council (GRRC) Study Session and Council meeting agendas, meeting documents, including PDF copies of materials provided to the Council for rulemakings, and minutes will be available on GRRC's website | Visit Website >

Interested stakeholders can follow more rulemaking progress on the Water Quality Program's webpage | View >

Summary

ADEQ updated the safe drinking water rules in A.A.C. Title 18 Chapter 4 to conform to EPA’s final regulation entitled “Use of Lead Free Pipes, Fittings, Fixtures, Solder, and Flux for Drinking Water” (Lead Free Rule). 85 FR 54235 (Sept. 1, 2020). This rulemaking did not increase regulatory burden beyond what is required by the Safe Drinking Water Act, as amended, and the Lead Free Rule. This rulemaking was necessary to protect public health and ensure continued receipt of the full allotment of Public Water System Supervision grants.

Documents

  • Notice of Docket Opening | View >
  • Notice of Proposed Rulemaking | View >
  • Notice of Final Rulemaking | View >

Effective Date: June 7, 2023

Additional Information:

Governor’s Regulatory Review Council (GRRC) Study Session and Council meeting agendas, meeting documents, including PDF copies of materials provided to the Council for rulemakings, and minutes will be available on GRRC's website | Visit Website >

Summary

ADEQ amended Administrative Code to provide additional clarity and notice, correct previous errors, collect additional necessary information, and make minimal technical updates to the Onsite Wastewater Treatment Facility (OWTF) general permit program or “onsite program.” These changes are expected to increase efficiencies in program implementation for both customers and regulators. The last rulemakings related to OWTFs were in 2001 and 2005. See generally 7 A.A.R. 237 (Jan. 12, 2001) and 11 A.A.R. 4544 (Nov. 14, 2005), respectively.

Documents

  • Notice of Docket Opening | View >
  • Notice of Proposed Rulemaking | View >
  • Notice of Final Rulemaking | View >

Effective Date: June 19, 2023

Additional Information:

Rulemaking and Related Activities Page | View >

Summary

In response to federal changes in rules related to Waters of the United States (WOTUS), the Arizona legislature provided ADEQ with additional authorities to proactively protect certain non-WOTUS waters, specifically those used for drinking, fishing and other forms of recreation.

ADEQ recognized a “local control approach” was needed to ensure protection of our state’s important water resources, regardless of changes at the federal level. ADEQ worked with stakeholders to develop a program outline for a state Surface Water Protection Program (SWPP), which was later used to introduce House Bill 2691 (HB2691) in the 2021 Arizona legislative session. The legislature passed HB 2691, and it was signed by Governor Doug Ducey on May 5, 2021. The SWPP went into effect on Sept. 29, 2021.

HB2691 updated Arizona Revised Statutes §49-221(G) to require ADEQ publish an initial Protected Surface Waters List (PSWL) within 30 days of the SWPP effective date. The list was published on Oct. 29, 2021, and lists waters and their preliminary regulatory status as defined in statute.

ADEQ was required to conduct rulemaking to develop a state surface water protection program by Dec. 31, 2022.  The final rule was published in the January 27, 2023, issue of the Arizona Administrative Register.

Documents

  • Arizona Protected Surface Water List | View >
  • Notice of Proposed Rulemaking (published on Sept. 16, 2022) | View >
  • Notice of Final Rulemaking | View >

Effective Date: Feb. 20, 2023

Additional Information:

Governor’s Regulatory Review Council (GRRC) Study Session and Council meeting agendas, meeting documents, including PDF copies of materials provided to the Council for rulemakings, and minutes will be available on GRRC's website | Visit Website >

Arizona Surface Water Protection Program Webpage | Visit Page >

Summary

ADEQ is required under ARS §§ 49-203(5) and 49-257.01(A) to adopt a permit program for UIC, as administered under the Safe Drinking Water Act (SDWA; 42 USC § 300h et seq.). Any UIC rules promulgated by the State of Arizona shall not have the force and effect of law until the US Environmental Protection Agency (EPA) approves the transfer of primary enforcement authority (“Primacy”) through EPA’s publication of a final rule granting ADEQ Primacy in the Federal Register (see 40 CFR § 145.31). ADEQ proposes a new regulatory framework to articulate compliance expectations, mandate regulatory duties, and identify certain rights of those regulated through the state UIC program. The Governor’s office approved an exemption from Executive Order 2018-02 on May 7, 2018.

Documents

Notices of Docket Openings:
  • 25 AAR 2491 (Sept. 27, 2019) | View >
  • 26 AAR 2003 (Sept. 25, 2020) | View >
  • 27 AAR 1592 (Oct. 1, 2021) | View >
Proposed Rulemaking
Commnent Period and Public Hearing
  • Comment period: Jan. 10, 2022 – Feb. 14, 2022
  • Virtual Public Hearing: Feb. 14, 2022, 10 a.m., Online via GoToWebinar
Notice of Final Rulemaking

Effective Date: Sept. 7, 2022*

 

*Note: UIC rules became effective in the Arizona Administrative Code on Sept. 7, 2022, however, the Arizona UIC program will not have primacy enforcement authority until EPA grants ADEQ primacy; projected for late 2023; see Final Rule A.A.C. R18-9-A602(A).