TITLE 18. ENVIRONMENTAL QUALITY CHAPTER 12.

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18 A.A.C. 12Supp. 19-4This Chapter contains rule Sections thatwere filed to be codified in the ArizonaAdministrative Code between the datesof October 1, 2019 throughDecember 31, 2019Title 18TITLE 18. ENVIRONMENTAL QUALITYCHAPTER 12. DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKSThe table of contents on the first page contains quick links to the referenced page numbers in this Chapter. Refer to the notes at the end ofa Section to learn about the history of a rule as it was published in the Arizona Administrative Register.Sections, Parts, Exhibits, Tables or Appendices codified in this supplement. The list provided contains quick links to the updated rules.Refer to the historical notes with the Supp. 19-4 date to view new and amended Sections.Questions about these rules? Contact:Name:Address:Telephone:Fax:E-mail:Mark LewandowskiArizona Department of Environmental QualityWaste Programs Division1110 W. Washington St.Phoenix, AZ 85007(602) 771-2230, or (800) 234-5677, enter 7712230 (Arizona only)(602) 771-4272lewandowski.mark@azdeq.govThe release of this Chapter in Supp. 19-4 replaces Supp. 17-4, 1-53 pagesPlease note that the Chapter you are about to replace may have rules still in effect after the publication date of this supplement. Therefore,all superseded material should be retained in a separate binder and archived for future reference.i

PREFACEUnder Arizona law, the Department of State, Office of the Secretary of State (Office), accepts state agency rule filings and is the publisherof Arizona rules. The Office of the Secretary of State does not interpret or enforce rules in the Administrative Code. Questions about rulesshould be directed to the state agency responsible for the promulgation of the rule.Scott Cancelosi, DirectorADMINISTRATIVE RULES DIVISIONnote to make rules is often included at the beginning of a chapter.Other Arizona statutes may be referenced in rule under the A.R.S.acronym.RULESThe definition for a rule is provided for under A.R.S. § 41-1001.“‘Rule’ means an agency statement of general applicability thatimplements, interprets, or prescribes law or policy, or describesthe procedures or practice requirements of an agency.”SESSION LAW REFERENCESArizona Session Law references in a chapter can be found at theSecretary of State’s website, under Services- Legislative Filings.THE ADMINISTRATIVE CODEThe Arizona Administrative Code is where the official rules of thestate of Arizona are published. The Code is the official codification of rules that govern state agencies, boards, and commissions.EXEMPTIONS FROM THE APAIt is not uncommon for an agency to be exempt from the stepsoutlined in the rulemaking process as specified in the ArizonaAdministrative Procedures Act, also known as the APA (ArizonaRevised Statutes, Title 41, Chapter 6, Articles 1 through 10).Other agencies may be given an exemption to certain provisionsof the Act.The Code is separated by subject into titles. Titles are divided intochapters. A chapter includes state agency rules. Rules in chaptersare divided into Articles, then Sections. The “R” stands for “rule”with a sequential numbering and lettering outline separated intosubsections.An agency’s exemption is written in law by the Arizona StateLegislature or under a referendum or initiative passed into law byArizona voters.Rules are codified quarterly in the Code. Supplement releasedates are printed on the footers of each chapter.First Quarter: January 1 - March 31Second Quarter: April 1 - June 30Third Quarter: July 1 - September 30Fourth Quarter: October 1 - December 31For example, the first supplement for the first quarter of 2019 iscited as Supp. 19-1.When an agency files an exempt rulemaking package with ourOffice it specifies the law exemption in what is called the preamble of rulemaking. The preamble is published in the Registeronline at www.azsos.gov/rules, click on the Administrative Register link.Please note: The Office publishes by chapter, not by individualrule section. Therefore there might be only a few sections codified in each chapter released in a supplement. Historical notes atthe end of a section provide an effective date and informationwhen a rule was last updated.Editor’s notes at the beginning of a chapter provide informationabout rulemaking sections made by exempt rulemaking. Exemptrulemaking notes are also included in the historical note at the endof a rulemaking Section.The Office makes a distinction to certain exemptions becausesome rules are made without receiving input from stakeholders orthe public. Other exemptions may require an agency to proposeexempt rules at a public hearing.AUTHENTICATION OF PDF CODE CHAPTERSThe Office began to authenticate chapters of the AdministrativeCode in Supp. 18-1 to comply with A.R.S. § 41-1012(B) andA.R.S. § 5302(1), (2)(d) through (e), and (3)(d) through (e).EXEMPTIONS AND PAPER COLORAt one time the office published exempt rules on either blue orgreen paper. Blue meant the authority of the exemption was givenby the Legislature; green meant the authority was determined by acourt order. In 2001 the Office discontinued publishing rulesusing these paper colors.A certification verifies the authenticity of each Code chapterposted as it is released by the Office of the Secretary of State. Theauthenticated pdf of the Code includes an integrity mark with acertificate ID. Users should check the validity of the signature,especially if the pdf has been downloaded. If the digital signatureis invalid it means the document’s content has been compromised.PERSONAL USE/COMMERCIAL USEThis chapter is posted as a public courtesy online, and is forprivate use only. Those who wish to use the contents for resale orprofit should contact the Office about Commercial Use fees. Forinformation on commercial use fees review A.R.S. § 39-121.03and 1 A.A.C. 1, R1-1-113.HOW TO USE THE CODERules may be in effect before a supplement is released by theOffice. Therefore, the user should refer to issues of the ArizonaAdministrative Register for recent updates to rule Sections.ARIZONA REVISED STATUTE REFERENCESThe Arizona Revised Statutes (A.R.S.) are available online at theLegislature’s website, www.azleg.gov. An agency’s authorityRhonda Paschal, managing rules editor, assisted with the editingof this chapter.ii

signedArizona Digitallyby Arizonaof StateSecretary SecretaryDate: 2020.04.08of State 12:17:18 -07'00'Arizona Administrative Code18 A.A.C. 12Administrative Rules DivisionThe Arizona Secretary of State electronically publishes each A.A.C. Chapter with a digitalcertificate. The certificate-based signature displays the date and time the document was signedand can be validated in Adobe Acrobat Reader.TITLE 18. ENVIRONMENTAL QUALITYCHAPTER 12. DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKSEditor’s Note: The Office of the Secretary of State publishes all Code Chapters on white paper (Supp. 02-3).Editor’s Note: Several Sections of Chapter 12 were adopted and amended under an exemption from the provisions of the ArizonaAdministrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to A.R.S. § 49-1014, and §§ 49-1052 (B) and (O). Exemption fromA.R.S. Title 41, Chapter 6 means the Department was not required to submit these Sections to the Governor’s Regulatory Review Councilfor review. Because these rules are exempt from the regular rulemaking process, Title 18, Chapter 12 is printed on blue paper.ARTICLE 1. DEFINITIONS; APPLICABILITYArticle 1, consisting of Sections R18-12-101 through R18-12103, adopted effective September 21, 1992 (Supp. nitions . 4Applicability . 9Material Incorporated by Reference . 9ARTICLE 2. TECHNICAL REQUIREMENTSArticle 2, consisting of Sections R18-12-210 and R18-12-211,R18-12-220 through R18-12-222, R18-12-230 through R18-12-234,R18-12-240 through R18-12-245, R18-12-270 through R18-12-274,and R18-12-280 and R18-12-281, adopted effective July 30, 1996(Supp. 231.R18-12-232.R18-12-233.Reserved . 11Reserved . 11Reserved . 11Reserved . 11Reserved . 11Reserved . 11Reserved . 11Reserved . 11Reserved . 11Applicability . 11Installation Requirements for Partially ExcludedUST Systems . 12Reserved. 12Reserved . 12Reserved . 12Reserved . 12Reserved . 12Reserved . 12Reserved . 12Installation of New UST Systems . 12Performance Standards for New UST Systems 12Upgrading of Existing UST Systems . 14Notification Requirements . 15Reserved . 16Reserved . 16Reserved . 16Reserved . 16Reserved . 16Reserved . 16Reserved . 16Spill and Overfill Control . 16Operation and Maintenance of CorrosionProtection . 16Compatibility . 17Repairs Allowed . 17December 31, pp. 19-4Reporting and Recordkeeping .17Periodic Testing of Spill Prevention Equipmentand Containment Sumps Used for InterstitialMonitoring of Piping and Periodic Inspection ofOverfill Prevention Equipment .18Periodic Operation and MaintenanceWalkthrough Inspections .18Operator Training .19Reserved .20Reserved .20General Release Detection Requirements for AllUST Systems .20Release Detection for Petroleum UST Systems .20Release Detection for Hazardous Substance USTSystems .21Methods of Release Detection for Tanks .21Methods of Release Detection for Piping .23Release Detection Recordkeeping .23Reserved .24Reserved .24Reserved .24Reserved .24Applicability and Scope .24Suspected Releases; Secondary ContainmentLeaks .24Investigation Due to Off-Site Impacts .25Reserved .25Reserved .25Reserved .25Reserved .25Reserved .25Reserved .25Reserved .25Release Notification and Reporting .25Initial Response, Abatement, and SiteCharacterization .26LUST Site Classification .26Free Product .27LUST Site Investigation .27Remedial Response .28Risk-based Corrective Action Standards .29Corrective Action Plan .31LUST Case Closure .32Groundwater LUST Case Closures .33General Reporting Requirements .34Public Participation .34Reserved .35Reserved .35Reserved .35Reserved .35Reserved .35Page 1

18 A.A.C. 12Arizona Administrative CodeTitle 18CHAPTER 12. DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE 278.R18-12-279.R18-12-280.R18-12-281.Temporary Closure . 35Permanent Closure and Change-in-service . 35Assessing the UST Site at Closure or Change-inservice . 36Application of Closure Requirements toPreviously Closed Systems . 37Release Reporting and Corrective Action forClosed Systems . 37Reserved . 37Reserved . 37Reserved . 37Reserved . 37Reserved . 37Sampling Requirements . 37UST System Codes of Practice and PerformanceStandards . 38ARTICLE 3. FINANCIAL RESPONSIBILITYArticle 3, consisting of Sections R18-12-322 through R18-12325, adopted effective July 30, 1996 (Supp. 96-3).Article 3, consisting of Sections R18-12-301 through R18-12321, adopted effective September 21, 1992 (Supp. inancial Responsibility; Applicability . 40Financial Responsibility; Compliance Dates;Allowable Mechanisms; Evidence . 40Reserved . 41Amount and Scope of Required FinancialResponsibility . 41Reserved . 41Financial Test of Self-insurance . 41Guarantee . 42Insurance and Risk Retention Group Coverage . 43Surety Bond . 43Letter of Credit . 43Certificate of Deposit . 43Repealed . 46Trust Fund . 46Standby Trust Fund . 46Local Government Bond Rating Test . 47Local Government Financial Test . 47Local Government Guarantee . 48Local Government Fund . 49Substitution of Financial Assurance Mechanismsby Owner or Operator . 49Cancellation or Nonrenewal by a Provider ofFinancial Assurance . 49Reporting by Owner or Operator . 50Repealed . 50Drawing on Financial Assurance Mechanisms 50Release from Financial ResponsibilityRequirements . 50Bankruptcy or Other Incapacity of Owner,Operator, or Provider of Financial Assurance . 51Replenishment of Guarantees, Letters of Credit,or Surety Bonds . 51ARTICLE 4. UNDERGROUND STORAGE TANK EXCISETAXAuthority: A.R.S. § 49-1031(H) and (I)Article 4, consisting of Sections R18-12-401 through R18-12410, adopted as permanent rules effective December 26, 1991.Article 4, consisting of Sections R18-12-401 through R18-12Page 2410, readopted as temporary rules effective June 20, 1991, pursuant to A.R.S. 49-1031(H) and (I), effective for 180 days. By law,these rules are included in the Arizona Administrative Code.Article 4, consisting of Sections R18-12-401 through R18-12410, readopted as temporary rules effective December 28, 1990,pursuant to A.R.S. 49-1031(H) and (I), effective for 180 days. Bylaw, these rules are included in the Arizona Administrative Code.Article 4, consisting of Sections R18-12-401 through R18-12410, adopted as temporary rules effective July 3, 1990, pursuant toA.R.S. 49-1031(H) and (I), effective for 180 days. By law, theserules are included in the Arizona Administrative R18-12-409.R18-12-410.Repealed .51Duties and responsibilities of a supplier; certainregulated substances .51Periodic payments; deductions .51Reporting Requirements for Suppliers .52Invoice Requirement for Suppliers .52Reports and returns, net gallons required to beindicated .52Payment of tax; annual return .53Statement of Tax Responsibility .53Refunds .53Exemption Certificates .53ARTICLE 5. FEESSectionR18-12-501.Fees .54ARTICLE 6. EXPIREDArticle 6, consisting of Sections R18-12-605.01 and R18-12607.01, adopted as exempt rules effective August 15, 1996, pursuant to A.R.S. § 49-1014, and 49-1052(B) and (O) (Supp. 96-3).SectionR18-12-601.Expired .54R18-12-602.Expired .54R18-12-603.Expired .54R18-12-604.Expired .54R18-12-605.Expired .54R18-12-605.01. Repealed .54R18-12-606.Expired .54R18-12-607.Expired .55R18-12-607.01. Repealed .55R18-12-608.Expired .55Appendix A. Repealed .55R18-12-609.Expired .55R18-12-610.Expired .55R18-12-611.Expired .55R18-12-612.Expired .55R18-12-613.Expired .55R18-12-614.Expired .55R18-12-615.Expired .55ARTICLE 7. EXPIREDArticle 7, consisting of Sections R18-12-701 through R18-12714, expired at 23 A.A.R. 3428, effective October 10, 2017 (Supp.17-4).Article 7, consisting of Section R18-12-707, amended as anexempt rule effective August 15, 1996, pursuant to A.R.S. § 491014, and 49-1052(B) and (O) (Supp. 96-3).Article 7, consisting of Sections R18-12-701 through R18-12714, adopted effective May 23, 1996 (Supp. 96-2).SectionSupp. 19-4December 31, 2019

Title 18Arizona Administrative Code18 A.A.C. 12CHAPTER 12. DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE Expired. 55. 55. 55. 55. 55. 55. 56. 56. 56. 56. 56. 56. 56. 56ARTICLE 8. TANK SERVICE PROVIDERCERTIFICATIONArticle 8, consisting of Sections R18-12-801 through R18-12809, adopted effective December 6, 1996 (Supp. .R18-12-809.Applicability . 56Expired . 56Categories of Certification . 56International Code Council Certification;Manufacturer Certification . 56Alternative Certification . 56Application; Certification . 57Duration; Renewal; Changes . 57Discontinuation of Tank Service . 57Suspension; Revocation of Certification . 57ARTICLE 9. UST SYSTEMS WITH FIELD-CONSTRUCTEDTANKS AND AIRPORT HYDRANT FUEL DISTRIBUTIONSYSTEMSArticle 9, consisting of Sections R18-12-951 and R18-12-952,made at 25 A.A.R. 3123, effective January 1, 2020 (Supp. 19-4).Article 9, consisting of Sections R18-12-901 through R18-12903, expired at 23 A.A.R. 3428, effective October 10, 2017 (Supp.17-4).Article 9, consisting of Sections R18-12-901 through R18-12903, made by final rulemaking at 13 A.A.R. 4605, effective February 2, 2008 (Supp. 12-904.R18-12-905.Expired . 58Expired . 58Expired . 58Reserved . 58Reserved . 58December 31, 18-12-951.R18-12-952.Supp. 19-4Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .58Reserved .59Reserved .59Reserved .59Reserved .59Reserved .59Reserved .59Reserved .59Reserved .59Reserved .59General Requirements .59Additions, Exceptions, and Alternatives for USTSystems with Field-Constructed Tanks andAirport Hydrant Systems .59Page 3

18 A.A.C. 12Arizona Administrative CodeTitle 18CHAPTER 12. DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKSARTICLE 1. DEFINITIONS; APPLICABILITYR18-12-101. DefinitionsIn addition to the definitions prescribed in A.R.S. §§ 49-1001 and49-1001.01, the following definitions apply in this Chapter:“Aboveground release” means any release to the surface of theland or to surface water. This includes, but is not limited to,releases from the aboveground portion of an UST system andaboveground releases associated with overfills and transferoperations as the regulated substance moves to or from anUST system.“Accidental release” means, with respect to Article 3 only, anysudden or nonsudden release of petroleum arising from operating an UST system that is neither expected nor intended by theUST system owner or operator, that results in a need for one o

18 A.A.C. 12 Title 18 CHAPTER 12. DEPARTMENT OF ENVIRONMENTAL QUALITY - UNDERGROUND STORAGE TANKS TITLE 18. ENVIRONMENTAL QUALITY December 31, 2019 17-4, 1-53 pages. PREFACE Under Arizona law, the Department of State, Office of the Secretary of State (Office), accepts state agency rule filings and is the publisherFile Size: 1MB

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