Section R8-4-107. Extremely Hazardous Substance (EHS) or Haz- ardous Chemical Reporting

A.      The owner or operator of a facility shall comply with the extremely hazardous substance and hazardous chemical reporting requirements of 40 CFR 370, Subpart B, July 1, 2007, which is incorporated by this reference, contains no later amendments or editions, and is available from the Commis- sion and the U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA 15250.

B.       As required by A.R.S. § 26-350, an owner or operator described in subsection (A) shall submit a Tier Two Emer- gency and Hazardous Chemical Inventory Form, using a form available from the Commission, by March 1 of each year. All facilities subject to this reporting requirement shall be subject to the Tier II Emergency and Hazardous Chemical Inventory Reporting fee schedule:

1.        Each owner or operator of a facility required to file a haz- ardous chemical inventory report(s) (Tier II Reports) under the provisions of 42 U.S.C. § 11022 will be assessed a report filing fee of seventy-five dollars ($75.00) for the first required facility report and an addi- tional fee of twenty dollars ($20.00) for each additional required facility report up to a maximum limit of five hundred dollars ($500) per annual reporting period.

2.        Owners or operators of facilities meeting the following conditions are exempt from the reporting fee(s):

a.         Any business or other outlet that primarily reports or sells gasoline, diesel and other motor fuel only at retail to the public.

b.        Any business or other outlet that only files a Tier II report to claim lead acid batteries.

c.         Any business or other outlet that only files a Tier II report to claim diesel or gasoline.

d.        Any business or other outlet that resides on tribal lands or a tribal Nation and must report to a Tribal Emergency Response Commission (TERC) or Chemical-Tribal Emergency Response Commission (C-TERC).

C.      If a facility ceases to meet the minimum reporting thresholds of 40 CFR 370, Subpart B, for EHS and hazardous chemical reporting with regard to a specific EHS or hazardous chemical, the owner or operator of the facility may submit a notice to the Commission, LEPC, and FD indicating that the specific EHS or hazardous chemical is no longer present in a quantity that meets the minimum reporting threshold.

Historical Note

New Section made by final rulemaking at 14 A.A.R. 2931, effective August 30, 2008 (Supp. 08-3). Amended by final rulemaking at 20 A.A.R. 2524, effective October 17, 2014 (Supp. 14-3).