The Hazardous Waste Program is carried out by the Arkansas Department of Environmental Quality which administers its' program under the Hazardous Waste management Act (Arkansas Code Annotated 8-7-202.) The Hazardous Waste Program is based off of the Federal Resource Conservation and Recovery Act set forth in 40 CFR parts 260-279. Due to the great similarity to the Federal standards the differences are what define this program and are listed with reference to the corresponding federal law:
In the definition of “Existing hazardous waste management (HWM) facility”, the deadline for the operation or construction of a facility to be included in this definition is 20 months earlier than the date set in the Federal regulations. Thus, more facilities are subject to the more stringent requirements for new facilities than is the case under the Federal requirements.
Arkansas includes definitions for the following terms not found in 40 CFR 260.10: “commingling”, “permit”, “permitted site”, “shipper”, “site”, transport”, “treatment facility” and “ultimate controlling person”. With the exception of “permit” and “site”, the State’s definitions serve to clarify the use of these terms and do not affect stringency or the scope of the State’s program. “Permit” and “site” are terms defined in 40 CFR 270.2. However, Arkansas has revised its definition of “permit” to include the State’s transporter permit and its definition of “site” has been revised to be consistent with the State’s definition of “existing hazardous waste management facility”.
Arkansas does not provide for a State delisting program. To delist a waste in Arkansas, an applicant must first complete the process to obtain a final delisting decision from the EPA Administrator. Once a final federal delisting decision has been published in the Federal Register, it is not effective in Arkansas until the Arkansas Pollution Control and Ecology Commission completes rulemaking to approve and incorporate the federal decision in Regulation No. 23.
Arkansas has not adopted the provisions published at 73 FR 64667-64716 on October 30, 2008, which revise the definition of solid waste for the management of hazardous secondary materials under 40 CFR 261.4(a)(23).
Arkansas has not adopted the provisions published at 73 FR 77953-78017 on December 19, 2008 which expand the provisions for the RCRA comparable fuel exclusion at 40 CFR 261.38.
Regulation No. 23 § 6(n), (o), (p), and (q) establishes an annual monitoring and inspection fee for fully-regulated and small quantity generators; § 25 establishes an annual fee on hazardous waste generation.
Regulation No. 23 §§ 262.13(d) and 262.24(e) require that generators give their wastes only to permitted transporters, because Arkansas requires that transporters be permitted. This is a broader in scope provision.
Regulation No. 23 § 262.13(g) requires that all generators of hazardous wastes newly characterized as TC wastes must notify the Department even if they have previously notified the Department of other hazardous waste activity. The Federal program does not have an analogous requirement, making the State more stringent.
Arkansas does not have an analog to 40 CFR 262.20(e) which allows generators under certain specified conditions (e.g., tolling arrangements) not to be subject to the manifest requirements. This difference makes the State provisions more stringent than their Federal counterparts.
Regulation No. 23 § 262.24 contains additional requirements for generators not found in the Federal program including: submitting documentation that a weight difference of more than 10% between the initial and final weights on a manifest has been resolved between the generator and the TSDF. Under the Federal requirements only the TSDF has to submit such documentation; submitting a discrepancy report as per the criteria defined by the States counterpart to 40 CFR 265.72. Under the Federal program, only the TSDF has to submit this report.
Regulation No. 23 § 262.35 contains more stringent management requirements for conditionally-exempt small quantity generators.
Regulation No. 23 § 262.41 requires that generators submit annual rather than biennial reports. This is a more stringent requirement.
Under Regulation No. 262.41(e), Arkansas is more stringent in that a generator must report accumulated wastes in addition to stored wastes. Under the Federal program, only stored wastes must be reported.
Arkansas does not have an analog to 40 CFR 262.44 that subjects generators of between 100 and 1000 kg per month to reduced recordkeeping requirements. This difference makes the State program more stringent than the Federal program.
Regulation No. 23 § 262.50(c) requires that a copy of all export notifications and manifests that are submitted to EPA be also submitted to the Department. This is a more stringent requirement.
Fees are required by A.C.A. § 8-7-226 and Reg. No 23, Section 6 for permitting. This requirement is broader in scope because there is no direct Federal analog addressing permit fees.
Arkansas distinguishes between commercial and non-commercial waste activities in setting its permit fee schedule.
Reg. No. 23 § 270.7 has no direct analog in the Federal requirements and includes additional requirement relative to permit application. Some of the requirements are a restatement of the Federal requirements, but others are additional demonstrations that must be made or information that must be provided. Included are such things as evidence that the contingency plan has been developed in consultation with the fire department, the Mayor/City Manager/County Judge in the municipality/county in which the facility is to be located; provision of contracts, agreements, and such other documentation to demonstrate that the waste which will be disposed of is waste which resulted from the treatment of waste to the full extent of known technology and economics or is waste for which there is no technically and economically feasible means of treatment available; demonstration of full fee ownership of lands and all mineral rights; location and places where public notice must be made; proof of public notice of application submission prior to any permit decision; written notice to all landholders and tenants of property contiguous to the proposed or existing facility; evidence of good faith effort to contact all contiguous landholders; and permittee must submit as part of the annual permit review process a plot of any landfill disposal area in which waste has been disposed. These requirements make the state more stringent.
Reg. No.23 § 270.10(e)(1) requires that any facility in existence on March 14, 1979 submit a permit application on or before September 4, 1979. The State is more stringent because if the application was not submitted to the Department as required under the State Act, the facility is not eligible for interim status.
Under Reg. No. 23 § 270.10(e)(8), Arkansas can take immediate enforcement action relative to an application deficiency; whereas the Federal requirements allow 30 days to fix the application. This difference makes the state more stringent.
Reg. No. 23 § 270.12 contains state- and program-specific requirements for the submittal and handling of confidential business information in conjunction with permit applications and processing.
Reg. No. 23 § 270.13(o), which does not have a Federal analog, requires disclosure information to be submitted as part of the permit application. A.C.A. § 8-1-106(b) provides the State with the authority to require this information. This requirement makes Arkansas more stringent than the Federal program.
Reg. No. 23 §§ 270.14(a), 270.16(a), 270.26(c)(15) and 270.30(l)(2)(i) are more stringent because they restrict those registered professional engineers who can certify certain technical data those who are registered in Arkansas and independent from the facility owner/operator.
In Reg. No. 23 § 270.19(d), Arkansas uses “may” rather than “shall” giving the Director the discretion for non-approval. The Administrator does not have this discretion making the State more stringent.
Reg. No. 23 § 270.30(l)(9) requires an annual rather than a biennial report.
Reg. No. 23 § 270.34, which does not have a Federal analog, requires that a survey be conducted by any appropriate health agency to establish baseline health data. In addition, the state requires that if emissions from any hazardous waste management facility are related to disease etiology, the Department shall conduct pertinent epidemiologic investigation. This requirement makes the state more stringent.
Reg. 23 § 270.40(b) requires that upon the transfer of a RCRA permit to a new owner or operator, the new operator must establish compliant financial assurance no later than the date of the change of ownership or operational control. This is a more stringent requirement.
At Reg. No. 23 § 270.70(b), the analog to 40 CFR 270.70(b), Arkansas does not allow the owner/operator at least 30 days to explain or correct a deficiency. This difference makes the state more stringent.
Arkansas requires that used oil handlers use the State’s Notification of Regulated Waste Activity form to obtain an EPA identification number; requests via an ordinary letter are not accepted.
Used oil transporters, processors, re-refiners, burners, and marketers who have previously obtained an EPA identification number must re-notify in order to register their used oil activities with the Department.
At Regulation No. 23 § 279.82, used oil used as a dust suppressant may not exhibit any characteristic of a hazardous waste, and such use must prevent the oil or any component of the oil from entering any waters of the State.