Welcome. This page presents a summary of the Arizona state pollution prevention regulatory requirements. Other pages on this website provide more detail to help users understand pollution prevention and implement the requirements at their facility.

Arizona Pollution Prevention (P2) Definition

Pollution prevention means changes in operational procedures, processes and improvements in housekeeping or management techniques that reduce potential or actual releases of pollutants to the overall environment (air, water and land).

Pollution Prevention in Arizona can include any of the following

Toxics use reduction, source reduction, recycling of wastes or secondary materials, waste minimization, reuse, reclamation, conservation, chemical substitution, and volume reduction.

Regulatory Program Requirements

Determine if a pollution prevention plan is required for the facility by following these steps:

1. Determine if a Plan must be filed for the facility
   • Review the filing thresholds.
   There are several different thresholds that, once any one is exceeded, could require a Pollution Prevention Plan to be filed. The thresholds are related to hazardous waste generation or shipment or toxic substance use. If the facility does not meet any of the thresholds, a Plan is not required. If the facility does meet a threshold, proceed to step 2.
   
   
2. Determine if the facility is exempt
   Review the filing exemptions. Arizona businesses must file a Plan with the department if they meet the thresholds and are not exempt. If a facility is exempt, a Plan is not required, but may be voluntarily submitted. If the facility is not exempt, proceed to step 3.
   
   
3. Download the Plan Guidance Manual
   If the facility meets any of the filing thresholds and is not exempt, complete a Pollution Prevention Plan by December 31 of the year after the threshold was met. A Plan may be voluntarily submitted even if the facility does not meet a threshold.
   Download the Guidance Manual and forms and follow the manual's instructions to complete a pollution prevention analysis and Plan. Review the document A Guide to Help Facilities Perform a Pollution Prevention Analysis. Mail the Plan to the department for review.
   
   
4. Provide a Toxic Data Report to the department each year on July 1:
   The annual toxic data report includes three items:
   
   
   1. A Pollution Prevention Plan Annual Progress Report on completion of the specific reduction goals which includes:
      • Completion status (on schedule; closed; delayed; dropped)
      • How much reduction was achieved
   2. An Annual Toxic Chemical Release Inventory (TRI) Report
      • Use the U.S. Environmental Protection Agency's Toxic Chemical Release Inventory Form A or Form R
   3. Any Needed Pollution Prevention Plan Amendments
      • Needed to make changes to an existing P2 Plan
      • Needed to extend the time frame of an existing Plan
      • Needed to add new goals or amend existing goals
   
   
5. Take advantage of the Pollution Prevention Plan Incentive
   Obtaining approval of a Pollution Prevention Plan allows a facility a 50 percent reduction in the facility's hazardous waste fees!

What are the filing thresholds?

[ ]   The facility shipped off site, for purposes other than recycling, 12,000 kilograms or more cumulative total of hazardous wastes in a calendar year.⁽¹⁾⁽⁵⁾

[ ]  The facility shipped off site, for purposes other than recycling, an average of 1 kilogram or more per month cumulative total of acutely hazardous wastes in a calendar year.⁽²⁾

[ ]  The facility generated an average of 1 kilogram per month of acutely hazardous waste or an average of 1,000 kilograms per month of hazardous waste in a calendar year, exclusive of an episodic, accidental or remediation related release; and

[ ]   The facility manufactured or processed more than 25,000 pounds or otherwise used more than 10,000 pounds of a toxic substance in a calendar year. ⁽⁶⁾

[ ]   The facility used in excess of 10,000 pounds of a toxic substance in a calendar year.⁽³⁾

[ ]   The facility filed an EPA Toxic Chemical Release Inventory (TRI) form (Form A or Form R). In a calendar year: The total number of hours worked by all employees is 20,000 hours or more and, the facility is in any of the following SIC codes: 2000-3900, 1021, 1031, 1041, 1044, 1061, 1099, 1221, 1222, 1231, 4911, 4931, 4939, 4953, 5169, 5171, 7389 or is a federal facility

the facility manufactured or processed more than 25,000 pounds, or otherwise used more than 10,000 pounds of a toxic substance.⁽⁴⁾

THRESHOLD FOOTNOTES:

1. Recycling does not include burning for energy recovery.
2. Acutely hazardous wastes are defined in CFR Part 261.
3. Toxic substances are listed in EPCRA Section 313.
4. These facilities also need to complete a TRI form and send to ADEQ, ASERC and EPA. Call (602) 771-4235 for more details.
5. Hazardous waste is defined in A.R.S. § 49-921.5.
6. These facilities also need to send a completed TRI form, but only send it to ADEQ. Call (602) 771-4235.

Are there any exemptions to doing a Plan?

Yes. The statute lists several exemptions to planning requirements. If you meet any of the following are met, a Pollution Prevention Plan is not required, even if the facility meets the threshold requirements. The department welcomes voluntary submittal of a Pollution Prevention Plan.

EXEMPTIONS:

• The facility is located on tribal land.
• The facility is a household hazardous waste collection facility.
• The facility is primarily engaged in receiving waste from off-site and has a permit or plan approved under A.R.S. § 49 for storing, treating or disposing of solid, special, or hazardous waste.
• All of the toxic substances used are for metallurgical or mining purposes (smelting, refining) per A.R.S. § 27-901.9.
• The facility is required to file solely due to the storage, supply, application or use of a pesticide as defined in A.R.S. § 3-361 for agricultural application and is subject to the pesticide reporting or record keeping requirements, pursuant to A.R.S. §49-305 or rules adopted pursuant to A.R.S. § 3-363.
• The facility's industry is issued an agricultural general permit pursuant to A.R.S. § 49-947.
• The facility caused a one-time, unexpected, event that generates a hazardous waste or an acutely hazardous waste from an unused hazardous substance and;
  1. The unused hazardous substance cannot be lawfully used due to changes in statute, or rule and;
  2. A toxic data report has been filed for the event as prescribed in A.R.S. § 49-962 and;
  3. The toxic data report is required solely as a result of the one-time generation event.

What is a Pollution Prevention Plan?

The Plan will document that the facility has performed a rigorous pollution prevention assessment. The pollution prevention regulations established in Arizona empower operators to use knowledge of their facility's processes and procedures to reduce toxic substances use at the source, minimize hazardous waste generation, and prevent the release of pollutants to the environment.

A Pollution Prevention Plan (Plan) is a stand alone management document that provides information on the facility operations that directly or indirectly produce waste or use toxic substances. The written Plan will record the toxic substance use, emissions, and waste from current work practices, outline potential pollution prevention opportunities and provide specific performance goals including a schedule for implementing these pollution prevention activities.

The Plan can include information on past pollution prevention activities that have already been completed at the facility.