Section R18-12-605. Preapproval Application Process

A.      Scope of Preapproval Application. A preapproval application shall include only a request for preapproval for one or more of the following:

1.        Free product investigation and removal according to the requirements and conditions at R18-12-261.02;

2.        LUST site investigation according to the requirements and conditions at R18-12-262;

3.        Risk assessment according to the requirements and condi- tions at R18-12-263.01;

4.        Remedial response according to the requirements and conditions at R18-12-263; or

5.        LUST case closure according to the requirements and conditions at R18-12-263.03.

B.       Preapproval Application Requirements. An eligible person or the designated representative of an owner or operator shall submit a preapproval application on a form provided by the Department and comply with the general application require- ments of R18-12-603 and the work plan requirements of sub- section (C). The original and one copy of the application, each including the work plan, shall be submitted.

C.      Work Plan Requirements. The eligible person or the desig- nated representative of an owner or operator shall submit a preapproval work plan with the application prepared in a for- mat provided by the Department. If required, the work plan shall be sealed by a registrant who holds a valid registration from the Arizona Board of Technical Registration at the time the work plan is sealed. The work plan shall contain all of the following information, as applicable to the planned corrective actions:

1.        The work objectives of the proposed work plan and brief description of proposed work, including contingencies, and references to relevant rules in Article 2 and relevant written Department guidance;

2.        Identification of the phase or phases of corrective action;

3.        A brief history of the facility and LUST site;

4.        Depth to groundwater to the extent known, including the date and source of depth information, and the location of surface water and other receptors within 1/4 mile of the site;

5.        A brief lithologic and geologic description of the site;

6.        A detailed site plan that includes pertinent information. Pertinent information includes but is not necessarily lim- ited to:

a.         The location of former and existing UST systems and dispensers;

b.        The location of any former and existing soil excava- tion or stock-piled soil;

c.         Existing and proposed soil boring and contingency soil boring locations;

d.        Existing and proposed monitor well and contingency monitor well locations;

e.         The location of any buildings or other structures;

f.         The location of any underground piping and utilities and other subsurface installations, to the extent known;

g.        The location of existing and proposed remediation systems or components; and

h.        The location of streets and other rights-of-way;

7.        A site location map;

8.        A site vicinity map;

9.        A rationale for proposed and contingency soil borings, proposed and contingency monitor wells, and existing and proposed remediation systems;

10.     If necessary, a proposed plan to obtain access to property if the eligible person does not own or have access to prop- erty where proposed soil borings, monitor wells, or other investigative or remedial activities are or may be required;

11.     A detailed time schedule to implement the corrective actions and complete the proposed and any contingency work objectives;

12.     A cost estimate for the proposed corrective actions, including contingencies, according to tasks and incre- mental costs described in the schedule of corrective action costs established under R18-12-607; and

13.     If applicable, details on time and materials for those eligi- ble activities identified as being payable on a time and materials basis in the schedule of corrective action costs.

D.      Conditions for Approving Preapproval Application. The Department shall approve an application for preapproval if all of the following conditions are satisfied:

1.        The preapproval application contains all of the required application components identified in this Section, or the Department has determined in a final determination under R18-12-611 that it has enough information to make an informed decision to approve the preapproval applica- tion. Failure to submit the statements as described in R18-12-603(B)(8) and (10) shall result in denial under R18-12-610;

2.        The activities that are the subject of the application are described in subsection (A), the activities are in accor- dance with R18-12-608, and the activities meet the requirements of A.R.S. § 49-1052(A) and (D) and A.R.S.

§ 49-1054;

3.        The   costs  meet  the  requirements  of   R18-12-608  and

A.R.S. § 49-1054(C); and

4.        The eligible person or designated representative of an owner or operator is eligible to receive all or part of the approved assurance account coverage under A.R.S. §§ 49-1052 and 49-1054.

E.       Notice of Preapproval Determination. The Department shall notify the eligible person or the designated representative of an owner or operator of its determination on the preapproval application in accordance with R18-12-601(C), R18-12-610, and R18-12-611, as applicable.

F.       Severability. The Department may but is not required to approve a  part of  a preapproval application for corrective actions and corresponding costs that are the subject of the pre- approval application, provided the applicable conditions in this Section are satisfied for that part, and deny the remaining corrective actions and associated costs in the application.

G.      Work Plan Termination. Upon notice to the eligible person, the Department may terminate a Department-approved preap- proval application and associated work plan. The Department may terminate under this subsection a preapproved work plan approved by the Department before the effective date of this rule. The Department shall notify the eligible person of the ter- mination action in accordance with R18-12-610. The Depart- ment may terminate a preapproved work plan based on consideration of one or more of the following conditions:

1.        The eligible person at the time of the approval of the pre- approval application is no longer an eligible person;

2.        The work objectives of the preapproved work plan have been accomplished or the release has been closed by the Department under R18-12-263.03 for more than one year;

3.        The eligible person has made no request for coverage related to corrective actions in the preapproved work plan within two years of the Department’s final determination, approving the preapproved work plan, or within two years of the submission of the last direct payment request against the preapproved work plan;

4.        Information available to the Department indicates site conditions have changed to the extent that the provisions for payment of non-preapproved work at A.R.S. §§ 49-1054(C)(1) and (C)(2) cannot be applied to meet the work objectives of the preapproved work plan;

5.        Information available to the Department indicates that site conditions have changed to the extent that the work preapproved in the work plan is no longer reasonable, necessary, cost-effective, or technically feasible;

6.        The total approved amount on all direct payment requests equal or exceed the preapproved amount. The termination is effective upon approval of the first direct payment request that includes approved costs that when added to all other approved costs on all other direct payment requests equals or exceeds the preapproved amount; or

7.        The corrective actions in the preapproved work plan will no longer provide protection to human health and the environment.

H.      Direct Payment Request. Upon the Department’s written approval of a preapproved work plan and completion of some or all of the preapproved corrective actions, the eligible person or the designated representative of an owner or operator may submit a direct payment request in accordance with R18-12- 606. A direct payment request is the only method available to an eligible person or a designated representative of an owner or operator for coverage of preapproved corrective actions. The Department shall not approve a reimbursement applica- tion for preapproved corrective actions.

I.        Volunteer Deemed Preapproved. A volunteer that confirms a new release that requires corrective action or discovers free product after corrective action costs at a single facility exceeds

$100,000 shall be deemed to be preapproved under this sub- section. The volunteer is deemed preapproved for the eligible activities, but not the costs, described at A.R.S. § 49-1052(A)(1) and (A)(2), for initial response, abatement, and site characterization performed according to the requirements and conditions at R18-12-261, or for free product investigation and removal according to the requirements and conditions at R18-12-261.02, if all of the following, as applicable, are met:

1.        The sampling, analysis, and reporting of the new release are limited to that described in R18-12-604(A)(2);

2.        The initial response, abatement, and site characterization of the new release are performed in accordance with the requirements and conditions of R18-12-261 and the period of time during which the activities are deemed pre- approved is limited to the first 90 days after the date the new release is discovered;

3.        The free product investigation and removal activities are performed in accordance with the requirements and con- ditions of R18-12-261.02 and the period of time during which the activities are deemed preapproved is limited to the first 90 days after discovery of the free product; and

4.        Before the expiration of the time periods described in subsections (2) and (3), the volunteer shall, as applicable, either submit a LUST case closure report in accordance with R18-12-263.03 or, if further corrective action is required, a preapproval application that meets the appli- cable requirements of subsections (A) and (B).

Historical Note

Adopted effective September 21, 1992 (Supp. 92-3). Sec- tion repealed; New Section made by final rulemaking at 12 A.A.R. 1611, effective June 4, 2006 (Supp. 06-2).