Laws, Rules and Policies: Draft and Proposed Rules

ADEQ is not conducting informal or formal rulemaking activities, except as approved by the Governor's Office, in compliance with Governor Doug Ducey's Executive Order 2016-03. ADEQ will post a notice here and will send a notice to stakeholders if the public process on any particular rule package begins or resumes.

You can receive updates about current draft and proposed rulemaking decisions by subscribing to our newsletter.

Air Quality Division

Rule: Amendment of Arizona Mercury Rule (R18-2-701, R18-2-733, R18-2-733.01, R18-2-734)
Contact: Steve Burr, (602) 771-4251
Docket Opening: Submitted August 21, 2014 to Secretary of State
Pre-Proposal: 
Proposed Rulemaking: September 12, 2014 (20 A.A.R. 2487)
Hearings: Date: October 20, 2014
Time: 1:00 p.m.
Location: Arizona Department of Environmental Quality
1110 W. Washington St., Conference Room 3175 A&B
Close of Comment: 5:00 p.m. October 20, 2014
GRRC Meeting: April 7, 2015
Final Rulemaking: May 22, 2015 (21 A.A.R. 711)
Effective Date June 30, 2015
Summary:The Arizona Department of Environmental Quality (ADEQ) is proposing amendments to the state standards for emissions of mercury by coal-fired electric utility steam generating units (EGUs) in R18-2-733, -733.01 and -734 (the “Arizona Mercury Rule”) that would revise those rules to reflect EPA’s repeal of its cap-and-trade program for mercury emissions and adoption of maximum achievable control technology (MACT) standards. Specifically, the amendments would (i) repeal provisions of the Arizona Mercury Rule (R18-2-733 and -733.01) that incorporate and modify the now defunct cap-and-trade program and (ii) amend the emission limits in R18-2-734 to be consistent with the MACT standards.

Rule: New Source Review Amendments (18 A.A.C. 2, Arts. 1-5)
Contact: Steve Burr, (602) 771-4251
Docket Opening:  
Pre-ProposalPublic Notice of Stakeholder Meeting
NSR Amendments - Stakeholder Review Draft
EPA Evaluation Spreadsheet with ADEQ Notes

Stakeholder Meeting: Arizona Department of Environmental Quality,
1110 West Washington Street, Phoenix, AZ 85007
Conference Room 3175A-B at 9:30 AM, August 26, 2015
Proposed Rulemaking:  
Hearings:  
Close of Comment:  
GRRC Meeting:  
Final Rulemaking:  
Effective Date:  
Summary: The Arizona Department of Environmental Quality (ADEQ) is proposing amendments to the state new source review (NSR) regulations. The amendments are designed to cure the deficiencies identified in EPA’s June 29, 2015 notice of limited approval and limited disapproval of ADEQ’s 2012 NSR SIP Revision.

Rule: NSPS/NESHAPs/Acid Rain Incorporation by Reference (18 A.A.C. 2, Art. 2)
Contact: Diane Arnst, (602) 771-2375
Docket Opening: July 18, 2014 (20 A.A.R. 1837)
Pre-Proposal 
Proposed Rulemaking: July 18, 2014 (20 A.A.R. 1798)
Supplemental Proposed Rulemaking: December 5, 2014 (20 A.A.R. 3339)
Hearings: Date: January 6, 2015
Time: 1:00pm
Location: Arizona Department of Environmental Quality
1110 W. Washington St. Conference Room 145
Close of Comment: 5:00 p.m. January 6, 2015
GRRC Meeting: October 6, 2016
Final Rulemaking: November 13, 2015 (21 A.A.R. 2747)
Effective Date: December 13, 2015
Summary: The Arizona Department of Environmental Quality (ADEQ) proposed to adopt new and updated incorporations by reference of the following federal regulations in State rules: New Source Performance Standards (NSPS), National Emission Standards for Hazardous Air Pollutants (NESHAP), Acid Rain, and other parts of Title 40 Code of Federal Regulations (CFR). ADEQ proposed to update all of the incorporations by reference in order to continue its delegated authority from EPA to implement and enforce NSPS, NESHAP, and acid rain programs in Arizona, except for those specific authorities retained by the Environmental Protection Agency (EPA). The updates include federal regulations finalized between July 1, 2006, and June 28, 2013.

Rule: Sulfur Dioxide (SO2) updates for Hayden and Miami Planning Areas (18 A.A.C. 2, Art. 2)
Contact: Lisa Tomczak , (602) 771-4450
Docket Opening: July 18, 2014 (20 A.A.R. 1838)
Pre-Proposal: 
Proposed Rulemaking:  
Hearings:  
Close of Comment:  
GRRC Meeting:  
Final Rulemaking:  
Effective Date:  
Summary: The Arizona Department of Environmental Quality (ADEQ) is considering amendments to R18-2-715 and R18-2- 715.01 in order to establish new emissions limitations for Existing Primary Copper Smelters within designated nonattainment areas for the 2010 Sulfur Dioxide (SO2) National Ambient Air Quality Standards (NAAQS). On June 22, 2010, EPA set revised the 1-hour average and annual average NAAQS for SO2. 75 FR 35520. On August 5, 2013, EPA published new designations for the NAAQS for the Hayden and Miami nonattainment areas, effective October 4, 2013. 78 FR 47191. The rules will become part of the State Implementation Plans (SIPs) for both areas.

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Waste Programs Division

Water Quality Division

Rule: Reclaimed Water Quality Standards (18 A.A.C. 11, Article 3)
Contact: Wendy LeStarge (602) 771-4836
Docket Opening: January 1, 2016 (22 A.A.R. 16)
Proposed Rulemaking:  
Public Hearing(s):  
Close of Comment:  
GRRC Meeting:  
Final Rulemaking:  
Effective Date of Rule:  
Summary:Reclaimed water is highly treated wastewater from a wastewater treatment plant. A.R.S. § 49-201(32). Reclaimed water has uses such as for irrigation. Using reclaimed water offsets and conserves potable water for human consumption and domestic purposes.

ADEQ is considering changes to all the reclaimed water rules and will begin statewide listening sessions over winter and spring 2016. Afterwards, ADEQ will work with a group of interested stakeholders to develop proposed rule changes. ADEQ will publish proposed rule changes, likely in the summer or fall of 2016, giving the public and all others the opportunity to comment and make suggested changes.

Please check the website: (http://www.azdeq.gov/environ/water/permits/reuserulemaking.html) for further details and the opportunity to sign up to receive e-mail updates.


Rule: Reclaimed Water Conveyances and Direct Reuse of Reclaimed Water (18 A.A.C. 9, Articles 6 and 7)
Contact: Wendy LeStarge (602) 771-4836
Docket Opening: January 1, 2016 (22 A.A.R. 17)
Proposed Rulemaking:  
Public Hearing(s):  
Close of Comment:  
GRRC Meeting:  
Final Rulemaking:  
Effective Date of Rule:  
Summary: Reclaimed water is highly treated wastewater from a wastewater treatment plant. A.R.S. § 49-201(32). Reclaimed water has uses such as for irrigation. Using reclaimed water offsets and conserves potable water for human consumption and domestic purposes.

ADEQ is considering changes to all the reclaimed water rules and will begin statewide listening sessions over winter and spring 2016. Afterwards, ADEQ will work with a group of interested stakeholders to develop proposed rule changes. ADEQ will publish proposed rule changes, likely in the summer or fall of 2016, giving the public and all others the opportunity to comment and make suggested changes.

Please check the website: (http://www.azdeq.gov/environ/water/permits/reuserulemaking.html) for further details and the opportunity to sign up to receive e-mail updates.


Rule: Update for Reclaimed Water Runoff (R18-9-704)
Contact: Wendy LeStarge (602) 771-4836
Docket Opening: December 4, 2015 (21 A.A.R. 3086)
Proposed Rulemaking: December 4, 2015 (21 A.A.R. 3017)
Public Hearing(s): Date: January 5, 2016
Time: 10:00 a.m.
Location: Arizona Dept. of Environmental Quality
1110 W. Washington St., Room 145, Phoenix, AZ 85007
Close of Comment: 5:00 p.m. January 5, 2016
GRRC Meeting:  
Final Rulemaking:  
Effective Date of Rule:  
Summary: Reclaimed water is highly treated wastewater from a wastewater treatment plant. A.R.S. § 49-201(32). Reclaimed water has uses such as for irrigation. Using reclaimed water offsets and conserves potable water for human consumption and domestic purposes. The Arizona Department of Environmental Quality (ADEQ) seeks to amend R18-9-704 in order to allow incidental runoff of reclaimed water under certain conditions. This rulemaking would be limited to amending only R18-9-704, as ADEQ is working with stakeholders to consider other changes to the reclaimed water rules.

Rule: Certified Operator Fees (18 A.A.C. 14, Article 3)
Contact: Wendy LeStarge (602) 771-4836
Docket Opening: January 17, 2014 (20 A.A.R. 136)
Proposed Rulemaking: July 11, 2014 (20 A.A.R. 1744)
Public Hearings: Date: August 11, 2014
Time: 1:00 p.m. to 4:00 p.m.
Location: Arizona Dept. of Environmental Quality
1110 W. Washington St., Suite 3175 A & B, Phoenix, AZ 85007
Close of Comment: 5:00 p.m. August 26, 2014
GRRC Meeting: October 6, 2015
Final Rulemaking: November 6, 2015 (20 A.A.R. 1744)
Effective Date of Rule: July 1, 2016
Summary: ADEQ seeks to establish new and reasonable fees for the certification of drinking water and wastewater operators. A.R.S. §§ 49-352(A) and 49-361(2) require ADEQ to adopt, establish, and enforce rules for the certification of operating personnel according to the skill, knowledge, and experience required for the applicable certification, and include authority for ADEQ to charge fees for water and wastewater operator certifications. ADEQ’s Operator Certification Program has been funded by state general fund, federal grants and federal set-asides but these funds have significantly decreased.

Operators of water treatment plants and water distribution systems, and wastewater collection systems and wastewater treatment plants are responsible for all decisions about process control or system integrity that affects public health. The operator certification rules establish the requirements for certification and classification, examinations, renewal of certificates, expired certificates, revocation, reciprocity for out-of-state applicants, and experience and education.

Rule: Water Quality Standards for Surface Waters (18 A.A.C. 11, Article 1)
Contact: Wendy LeStarge (602) 771-4836
Termination of Prior Rulemaking February 19, 2016 (22 A.A.R. 343)
Docket Opening: February 19, 2016 (22 A.A.R. 345)
Proposed Rulemaking: February 19, 2016 (22 A.A.R. 255)
Public Hearing[s]: Date: April 6, 2016
Time: 10 a.m.
Location: Arizona Department of Environmental Quality
1110 W. Washington, Room 3175 A & B, Phoenix, AZ 85007
Close of Comment: 5:00 p.m. April 6, 2016
Studies Supporting the Proposed Rules:
GRRC Meeting: August 2, 2016
Final Rulemaking:  
Effective Date of Rule:  
Summary: The Clean Water Act requires that states review, modify as appropriate, and adopt surface water quality standards for “waters of the U.S.” at least once every three years, subject to approval by the U.S. Environmental Protection Agency (EPA). ADEQ’s last rulemaking for the surface water quality standards was in 2009. ADEQ is seeking to amend errors or clarify language from the 2009 rules changes.

Rule: Safe Drinking Water updates (18 A.A.C. 4, Articles 1 and 2)
Contact: Wendy LeStarge (602) 771-4836
Docket Opening: October 9, 2015 (21 A.A.R. 1989)
Proposed Rulemaking: October 9, 2015 (21 A.A.R. 2286)
Public Hearing[s]: Date: November 23, 2015
Time: 10 a.m.
Location: Arizona Department of Environmental Quality
1110 W. Washington, Room 3175 A & B, Phoenix, AZ 85007
Close of Comment: 5:00 p.m. November 23, 2015
GRRC Meeting: February 2, 2016
Final Rulemaking: February 26, 2016 (22 A.A.R. 379)
Effective Date of Rule: April 2, 2016
Summary: ADEQ is proposing to update its safe drinking water rules in order to conform to changes made to federal rules over the past seven years. ADEQ plans to incorporate by reference the Revised Total Coliform Rule into a new section, and make corresponding changes in other sections. ADEQ also plans to incorporate by reference the 2007 changes to the Lead and Copper Rule. ADEQ is authorized to enforce federal drinking water standards under A.R.S. § 49-353(A)(2)(a).

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