Overview of Regulatory Requirements for
Hazardous Waste Generators in Arkansas

Penny Wilson, Inspector Supervisor - (501) 682-0868

Note: This table is provided as a general guide for hazardous waste generators to help in determining their generator status and their basic regulatory obligations. This table is not intended to, nor does it provide a comprehensive review of regulatory requirements for ANY hazardous waste generator. Complete regulatory requirements are found in Arkansas Pollution Control and Ecology Commission Regulation 23.

Generation
Status 		 Fully-Regulated
Generator (LQG) 		 Small Quantity
Generator (SQG) 		 Conditionally-Exempt
Generator (CEG)
Identification of Hazardous Waste
 All generators of waste(s) are responsible for identifying whether those waste(s) are hazardous as defined by Arkansas Pollution Control and Ecology Commission Regulation 23. In general, waste are considered hazardous if they 1) are listed as a hazardous waste, or 2) meet the ignitability, corrosivity, reactivity, or toxicity characteristics outlined in the Regulation. (Regulation 23; §261, §262.10-11)
Waste Generation and Accumulation Limits
 Generators of more than 1000 kilograms (2200 lbs) of hazardous waste in a calendar month, and/or generates more than 1 kg (2.2 lbs) of acutely hazardous waste in 1 calendar month. May accumulate hazardous waste generated on-site for up to 90 days. (Regulation 23; § 262.34)
 Generates between 100 kilograms (220 lbs) and 1000 kg (2200 lbs) of hazardous waste in a calendar month, and/or generates no more than 1 kg (2.2 lbs) of acutely hazardous waste in 1 calendar month. May accumulate no more than 6000 kg (13200 lbs) of hazardous waste and/or up to 1 kg of acutely hazardous waste on-site, with no waste stored on-site more than 180 days. (Regulation 23; § 262.34)
 Generates no more than 100 kilograms (220 lbs) in a calendar month, and/or generates no more than 1 kg (2.2 lbs) of acutely hazardous waste in 1 calendar month. May accumulate up to 1000 kg (2200 lbs) of hazardous waste and/or up to 1 kg of acutely hazardous waste on-site. (Regulation 23; § 261.5)
Notification Requirements
 Facility must notify ADEQ of hazardous waste generation and must obtain and use an EPA Identification Number. (Regulation 23; § 262.12)
Notification of waste generation is not required. EPA Identification Number is not required. (Regulation 23; § 261.5)
Inspections by ADEQ
 All hazardous waste generators are subject to inspection by ADEQ at any time. (A.C.A. § 8-1-107)
Containment of Hazardous Waste
 Hazardous wastes must be managed in containers, tanks, or containment buildings meeting appropriate standards. Containers must be properly labeled, in good condition, and inspected weekly. Tanks require Engineer certification, secondary containment, and regular inspection. Level of waste and other operating conditions must be inspected each operating day. (Regulation 23; § 262.34; § 262, see Preparedness and Accident Prevention below)
Wastes must be stored in containers and properly labeled (262.35)
Preparedness and Accident Prevention
 Containment systems must meet appropriate air emission standards. Ignitable or reactive wastes must meet additional requirements. Preparedness and prevention plan, training, contingency and emergency procedures, appropriate testing, and monitoring systems must be in place. (Regulation 23; § 262.34; § 265.16, § 265.30-37; § 265.50-56; § 265.111-114; § 265.170-178; § 265.190-200-202; § 265.440-445; § 265.1030-1091; § 268.7(a)(4))
Emergency coordinator must be identified. Appropriate emergency information and training must be provided to employees. (Regulation 23; § 262.34; § 265.30-37; § 265.170-175; § 265.177; § 265.201; § 268.7(a)(4))
No specific provisions
Transportation and Disposal of Hazardous Waste
 Hazardous wastes must be properly contained and labeled, and must be transported by a permitted hazardous waste transporter. Federal Uniform Hazardous Waste Manifest is required by ADEQ.(Regulation 23 § 262.10(d); § 262.12; § 262.13; ; § 262.20; ; § 262.40; ; § 262.42 )


Wastes must be shipped to a permitted Treatment, Storage, or Disposal Facility (TSDF). (Regulation 23 § 262.13-33)
Hazardous waste must be transported by a permitted hazardous waste transporter. Federal Uniform Hazardous Waste Manifest is required by ADEQ. (Regulation 23; § 262.12; § 262.13(d); § 262.35; § 263.10(d)) Wastes must be shipped to a permitted TSD facility or a facility which beneficially reuses, reclaims, or recycles the waste(s). (Regulation 23; § 262.12; § 262.35)
Reporting Requirements
 Annual reporting of waste generation and waste disposal is required by ADEQ. Reporting on ADEQ forms is due by March 1 of each year. Other reporting concerning quantities and disposition of wastes may be required by ADEQ. (Regulation 23; § 262.41; § 262.43)
Annual reporting is not required by ADEQ. (Regulation 23; § 262.41)
Fees
 A Remedial Action Trust Fund (RATF) fee (or "Superfund" fee) based on total waste generated is due annually on July 1 for facilities generating more than 30,000 lbs. of waste in a calendar year. A Monitoring and Inspection Fee based on total waste generated is due annually on January 1 for facilities generating more than 2,640 lbs. of waste in a calendar year. All fees are invoiced by ADEQ 45 days before they are due. (Regulation 23; § 6(n-r), § 25(a)
No fees are invoiced.

Note: This table is provided as a general guide for hazardous waste generators to determine their Generation Status and their basic regulatory obligations. This document is not intended to, nor does it provide a comprehensive review of regulatory requirements for ANY hazardous waste generator. Complete regulatory requirements can be found in Arkansas Pollution Control and Ecology Commission Regulation 23, Hazardous Waste Management; copies of which are available online and from this Department.