Hazardous Waste Fee Rule Update

Summary:

ADEQ plans to conduct a rulemaking to update its hazardous waste fees to maintain ADEQ's ability to implement hazardous waste management programs that protect public health, and to maintain Arizona's primacy to implement the federal Resource Conservation and Recovery Act (RCRA). RCRA regulates businesses that may generate, transport, or dispose of hazardous waste in Arizona. The current funding for the federal hazardous waste program has become insufficient for the long-term effective implementation by ADEQ due to federal law changes and increased operational costs due to inflation. Inflation has increased roughly 29 percent since the adjustment of hazardous waste fees. The hazardous waste program faces a roughly $800,000 structural deficit relative to the costs of producing the services.

The hazardous waste fees were last set by ADEQ in 2012 but the authority was for one rulemaking, and legislative approval was required before another fee increase. Therefore, fees have been frozen since 2012, until ADEQ was granted authority through HB 2126 in the 2022 legislative session to update fees for the hazardous waste program. Adjustments in fees will correspond to only what is necessary for implementing the existing federal program. To ensure effective inspections, compliance, plan review, and remediation under the federal hazardous waste program, ADEQ seeks to increase the per ton generation fees for large quantity and small quantity hazardous waste generators as well as the maximum dollar cap for the generation and disposal of hazardous waste by amending R18-8-260. This rulemaking will also increase the hourly rate to cover administrative costs for hazardous waste permit processing by amending R18-8-270. Fees will be updated to reflect Consumer Pricing Index (CPI) changes from when fees were established in 2012. During the rulemaking process, ADEQ plans to propose an annual CPI adjustment to stakeholders. ADEQ will be seeking stakeholder input for all proposed fee increases.

Documents:

  • Notice of Docket Opening | View >
  • Notice of Proposed Rulemaking (published Nov. 11, 2022) | View >
  • Notice of Comment Period & Public Hearing | View >
    • Comment Period: Nov. 11, 2022 – Dec. 20, 2022
    • Virtual Public Hearing:
      Date: Dec. 20, 2022
      Time: 1 p.m.
      Location: Online via GoToWebinar | Register >
      After registering, you will receive a confirmation email containing information about joining the hearing. Note that joining by phone is a listen-only option; you will not be able to comment at the hearing unless you join online.                    
      Send questions or comments to | Email > or Email >

Additional Information:

  • Guiding Principles and Features | View >
  • Oct. 12, 2022, Stakeholder Meeting Presentation | View >