Arizona Administrative Code
Title 18 - ENVIRONMENTAL QUALITY
Chapter 7 - DEPARTMENT OF ENVIRONMENTAL QUALITY - REMEDIAL ACTION
The Office of the Secretary of State publishes all Code Chapters on white paper (01-4). The proposed summary action amending the heading of Chapter 7 was remanded by the Governor's Regulatory Review Council (August 4, 1999), which revoked the interim effectiveness of the change as of January 22, 1999. The heading of Chapter 7 before the proposed summary action has been restored (Supp. 99-3). Chapter 7 heading repealed; new heading adopted; both by summary action with an interim effective date of January 22, 1999; filed in the Office of the Secretary of State December 29, 1998 (Supp. 98-4). At the request of the Department of Environmental Quality, interim rules removed in Articles 1 & 2 (Supp. 97-3) by the emergency expiring were reinstated. The Department determined these emergency rules were in effect until permanent rules were adopted pursuant to Laws 1995, Ch. 232, § 5, and Laws 1996, Chapter 151, § 9. Under these Laws the Department was required to "adopt risk based remediation standards formally by rule pursuant to A.R.S. § 49-152(A) ... no later than August 1, 1997."; and the "interim standards adopted pursuant to A.R.S. § 49-152(A)(1)(a) and (b)... as emergency rules shall remain in effect until the formally established rules are adopted." The interim rules have not been reprinted because permanent final rules have now been filed. Refer to Supp. 97-1 for interim emergency rules (Supp. 97-4). A Section of this Chapter was adopted under an exemption from the Arizona Administrative Procedure Act (A.R.S. Title 41, Chapter 6) pursuant to Laws 1997, Ch. 296, §§ 3(E) and (G), (10) and (11). Although exempt from certain provisions of the rulemaking process, the Department was required to submit notice of proposed rulemaking with the Secretary of State for publication in the Arizona Administrative Register and conduct a public hearing (Supp. 97-3). Some Sections of Chapter 7 were exempt from the rulemaking process (Laws 1995, Ch. 232, § 5). However the Department was required to provide a notice of hearing and public hearing before adoption of the emergency rules. The emergency rules were approved by the Attorney General (Supp. 96-1). Editor's note added to clarify exemptions of emergency adoptions (Supp. 97-1).
