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Definitions of Terms, References, and Test Methods:
State requirements are equivalent to those of the federal program, except for the following:
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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.
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Arkansas includes definitions for the following terms not found in 40 CFR 260.10: "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".
Identification and Listing of Hazardous Wastes:
State requirements are equivalent to those of the federal program, except that:
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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.
Standards for Generators:
State requirements are equivalent to those of the federal program, except for the following
areas:
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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.
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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.
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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.
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Regulation No. 23 §262.24 contains additional requirements for generators not found in the
Federal program including:
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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.
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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.
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Regulation No. 23 §262.41 requires that generators submit annual rather than biennial
reports. This is a more stringent requirement.
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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.
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Arkansas does not have an analog to 40 CFR 262.44 which subjects generators of between 100
and 1000 kg per month to reduced record keeping requirements. This difference makes the State program more
stringent than the Federal program.
Standards for Transporters:
Contact: Cindy Harmon
(501) 682-0863
harmon@adeq.state.ar.us
State requirements are equivalent to those of the federal program, except for the following:
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Reg. No. 23 §§263.10(d) and 263.13 require that any person transporting hazardous waste in,
from or through Arkansas must have a permit. §263.13 outlines the specific requirements for this permit. This
difference makes the State’s program broader in scope than the Federal program. A.C.A §8-7-209(a)(6) provides
the authority to require such permits.
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Reg. No. §263.11(c) requires that each transfer facility obtain an EPA identification number.
This difference makes the State more stringent than the Federal program.
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In addition to the notification requirements found at 40 CFR 263.30(c)(1)&(2), Arkansas
requires immediate notice to the Arkansas State Police and the principal officer or designated contact for the
transporter.
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Reg. No. 23 §263.30(c)(4) requires that copies of reports required by the U.S. Department of
Transportation and the National Response Center be sent simultaneously to ADEQ.
Standards for Facilities:
State requirements are equivalent to those of the federal program, except for the following:
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Arkansas has several specific authorities which relate to siting of hazardous waste
management facilities. A.C.A. §8-7-223 specifically prohibits a landfill disposal facility from being located
within one-half mile of any occupied dwelling unless the applicant can demonstrate and the Department
establishes a finding that a lesser distance will provide an adequate margin of safety under normal operating
conditions. Likewise, A.C.A. §8-6-1504 (in the Arkansas Environmental Equity Act (Act 1263 of 1993))
establishes a rebuttable presumption against siting any "high-impact solid waste management facility" within
12 miles’ radius of any other such facility. The definition of a high-impact solid waste management facility
includes all commercial hazardous waste incinerators and commercial hazardous waste treatment, storage, or
disposal facilities.
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Reg. No. 23 §264.13(a)(1) provides that the analysis must at a minimum include a detailed
waste characterization by a commercial facility for at least 10% of the waste handled for each large quantity
generator shipping to the facility. The Federal requirements at 40 CFR 264.13(a) do not contain this
specification; however, this additional State requirement is consistent with the Federal requirements.
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Reg. No. 23 §264.16(f) has no Federal counterpart and requires that at least one person
certified by the State be on duty at all times before a facility will be permitted to operate. Certified
persons must meet certain qualifications including physical capability; a B.S. Degree or related experience in
engineering, physical science, health sciences or related disciplines; familiarity with principles of
industrial operation; and be a U.S. citizen. Facilities must also maintain records of employees, provide
personnel training and review and require annual health physicals. These provisions make the Arkansas program
more stringent than the Federal program.
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Reg. No. 23 §264.18(d)-(i) have no Federal counterpart and state that facilities will not be
permitted in an active fault zone, regulatory floodway, 100-year floodplain, recharge zone or wetland area
unless it can be proven that there is no risk to public health or the environment. Facilities located within
an area containing geologic or pedologic factors will not be permitted nor will any facility located within
one half mile of an occupied dwelling, school or hospital. These provisions are more stringent than the
Federal location requirements at 40 CFR 264.18.
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Reg. No. 23 §§264.19(a), 264.115 and 264.120 restrict the engineers who can develop and
implement a CQA to those registered in Arkansas. The Federal regulations allow registration in any State. This
difference makes the State more stringent.
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Reg. No. 23 §264.20 has no Federal counterpart and contains performance standards that are
specific to Arkansas. These standards make the State more stringent.
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Reg. No. 23 §264.71(d) has no Federal counterpart and requires notification to the State of
unpermitted transporters arriving at a TSD facility, because all persons who transport hazardous waste in,
from or through Arkansas must have a permit. This provision makes the State’s program broader in scope.
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Reg. No. 23 §264.75 requires that facilities submit annual rather than biennial reports. This
difference makes the State program more stringent than the Federal program.
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Reg. No. 23 §264.75(i) requires annual submission of groundwater monitoring data. Under the
Federal requirements, these data must only be submitted by interim status facilities. This difference makes
the Arkansas program more stringent than the Federal program.
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Reg. No. 23 §264.175(b)(2) has no Federal counterpart and requires an impermeable coating on
all surfaces of the secondary containment structure for container storage areas. This difference makes
Arkansas’ program more stringent than the Federal program.
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Reg. No. 23 §§264.191 through 264.193 restrict those engineers who can inspect or certify a
tank system’s integrity to those registered in Arkansas. The Federal requirements allow registration in any
State. Arkansas is therefore more stringent.
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Reg. No. 23 §264.571(b) requires that for immediate protection of the environment, all
existing drip pads must have an impermeable coating or cover in place not later than September 30, 1995. This
requirement is more stringent than its Federal counterpart.
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Reg. No. 23 §§264.571(a)-(c) and 264.573(m)(3) restrict engineers who can certify a drip
pad’s integrity or completed repairs to those registered in Arkansas. The Federal counterparts allow engineers
to certify that are registered in any state. This difference makes the State’s program more stringent.
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Reg. No. 23 §§264.573(a)(4)(i) states that penetrating sealants are not adequate to meet the
coating or cover requirements for drip pads. The Federal requirements do not have this restriction; therefore,
the State is more stringent.
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Reg. No. 23 §264.601(d)&(e) have no Federal counterpart and prohibit open burning or
detonation of hazardous wastes on unprotected ground. Open burning or open detonation may only be conducted in
or on an elevated containment device which will prevent leaching or migration of waste. Prior to open burning
or detonation, a RCRA permit must be obtained and it must be demonstrated that no other feasible alternative
is available. These requirements are consistent with Federal requirements at 40 CFR Part 264, Subpart X.
However, the required demonstration that there are no other feasible alternatives is a more stringent
provision.
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Reg. No. 23 §264.1101(c)(2)&(c)(3)(iii) restrict the engineers who can certify a containment
design or completed repairs to those registered in Arkansas. Under the Federal requirements the engineer can
be registered in any state.
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Reg. No. 23 §264.601(d)&(e) have no Federal counterpart and prohibit open burning or
detonation of hazardous wastes on unprotected ground. Open burning or open detonation may only be conducted in
or on an elevated containment device which will prevent leaching or migration of waste. Prior to open burning
or detonation, a permit must be obtained and it must be demonstrated that no other feasible alternative is
available. These requirements are consistent with the Federal requirements at 40 CFR Part 264, Subpart X.
However, the required demonstration that there are no other feasible alternatives is a more stringent
provision.
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State corrective action authority covers hazardous substances (including petroleum and
petroleum-based products), rather than only hazardous wastes and hazardous constituents as prescribed by
Federal law. Thus, State authorities are broader in scope in this regard than the Federal program’s. (See
A.C.A. §8-7-502, §8-7-503(12), §8-7-508(a)(1).)
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Because Arkansas law does not distinguish between corrective action on-site and off-site,
demonstration of financial responsibility is required for corrective action wherever it is needed.
Interim Status Facilities:
Arkansas allows existing facilities to continue operation only if the facility was in existence
on March 14, 1979 and submitted an initial State application form to the Department by September 14, 1979.
A.C.A.§8-7-216 requires that an initial State application for interim status be submitted to the Department by
September 14, 1979. Thus, Arkansas has a more stringent form of interim status. Otherwise, State requirements
are equivalent to those of the federal program, except for the following:
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Reg. No. 23 §265.13(a)(1) provides that the analysis must at a minimum include a detailed
waste characterization by a commercial facility for at least 10 % of the waste handled for each large quantity
generator shipping to the facility. The Federal requirements at 40 CFR 265.13(a) do not contain this
specification; however, this requirement is consistent with the Federal requirements.
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Reg. No. 23 §265.16(f) has no Federal counterpart and requires that at least one person
certified by the State be on duty at all times before a facility will be permitted to operate. Certified
persons must meet certain qualifications including physical capability, a BS Degree or related experience in
engineering, physical science, health sciences, or related disciplines, familiarity with principles of
industrial operation and be a U.S. citizen. Facilities must also maintain records of employees, provide
personnel training and review and require annual health physicals. These provisions make the State’s program
more stringent than the Federal program.
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Reg. No. 23 §§265.19(a), 265.115 and 265.120 restrict the engineers who can develop and
implement a CQA to those registered in Arkansas. The Federal regulations allow registration in any State. This
difference makes the State more stringent.
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Reg. No. 23 §265.71(d) has no Federal counterpart and requires notification to the State of
unpermitted transporters arriving at a TSD facility, because all persons who transport hazardous waste in,
from or through Arkansas must have a permit. This provision makes the State’s program broader in scope.
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Reg. No. 23 §265.75 requires that facilities submit annual rather than biennial reports. This
difference makes the State program more stringent than the Federal program.
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Reg. No. 23 §§265.143(h), 265.143(h) and 265.147(e) require that the engineer who certified
closure be registered in Arkansas. Under the Federal requirements, the engineer may be registered in any
state.
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Reg. No. 23 §§265.191 through 265.193, 265.196(f) and 265.280(e) restrict those engineers who
can inspect or certify a tank system’s integrity to those registered in Arkansas. The Federal requirements
allow registration in any State. Arkansas is therefore more stringent.
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Reg. No. 23 §§265.441(a)&(c), 265.443(g)&(m)(3) and 265.444(a) restrict engineers who can
certify a drip pad’s integrity or completed repairs to those registered in Arkansas. The Federal counterparts
allow engineers to certify that are registered in any state. This difference makes the State’s program more
stringent.
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Reg. No. 23 §265.441(b) requires that for immediate protection of the environment, all
existing drip pads must have a impermeable coating or cover in place not later than September 30, 1995. This
requirement is more stringent than its Federal counterpart.
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Reg. No. 23 §265.443(a)(4)(i) states that penetrating sealants are not adequate to meet the
coating or cover requirements for drip pads. The Federal requirements do not have this restriction; therefore,
the State is more stringent.
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Reg. No. 23 §265.1101(c)(2)&(c)(3)(iii) restrict the engineers who can certify a containment
design or completed repairs to those registered in Arkansas. Under the Federal requirements the engineer can
be registered in any state.
Land Disposal Restrictions:
State requirements are equivalent to those of the Federal program.
Requirements for Permits:
Contact: Derick Warrick
(501) 682-0838
warrick@adeq.state.ar.us
State requirements are equivalent to those of the Federal program, except for the following:
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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.
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At Reg. No. §270.2 "existing hazardous waste management facility", the date to qualify for
interim status is prior to the corresponding Federal date. This difference makes the state more stringent
because fewer facilities qualify for the interim status requirements.
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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 which must be made or information which 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 plat of any landfill disposal area in which waste has been
disposed. These requirements make the state more stringent.
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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, unless otherwise qualified pursuant to Reg 23 §270.10(e)2.
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Arkansas does not include an analog to the HSWA provision at 40 CFR 270.10(e)(1)(iii) because
the date has passed and the Federal date overrides.
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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.
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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.
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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.
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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. The Federal requirements allow the engineer to be registered in any state.
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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.
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Reg. No. 23 §270.30(l)(9) requires an annual rather than a biennial report.
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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 epidemiological investigation. This requirement makes the state more stringent.
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At Reg. No. 23 §270.70(b), the analog to 40 CFR 270.70(b), Arkansas does not allow the
owner/operator 30 days to explain or correct a deficiency. This difference makes the state more stringent.
Used Oil Management:
Contact: Penny Wilson
(501) 682-0868
wilson@adeq.state.ar.us
State requirements are equivalent to those of the Federal program, except for the following:
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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.
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Used oil transporters, processors, re-refiners, burners, and marketers who have previously
obtained an EPA identification number must renotify in order to register their used oil activities with the
Department.
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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.
Universal Wastes:
Contact: Penny Wilson
(501) 682-0868
wilson@adeq.state.ar.us
State requirements are equivalent to those of the Federal program.
Enforcement:
Contact: Richard Healey
(501) 682-0879
healey@adeq.state.ar.us
Arkansas has four different types of criminal penalties for violation of the hazardous waste laws or
regulations. The burden of proof for these penalties is not greater than under the Federal law. These penalties
are at least as stringent as, and in most cases more stringent than, those required for authorization.
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Under the first (A.C.A.§8-7-204(a)(1), criminal penalties can be assessed for violation of
any provision of the Hazardous Waste Management Act or a violation of any rule, regulation, or order of the
Commission or the Department. This is considered a misdemeanor; if a person is convicted, that person is
subject to imprisonment for not more than 1 year or a fine of not more than $25,000 or subject to both fine
and imprisonment. Additionally, for the purpose of the fines only, each day or part of a day during which the
violation is continued or repeated constitutes a separate offense.
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The second type of criminal penalty (A.C.A. §8-7-204(a)(2)) results if a person violates the
provisions of the Hazardous Waste Management Act or violates any rule, regulation, or order of the Commission
or the Department and then leaves the State or the jurisdiction of the State. In this case, the person is
guilty of a felony. If convicted, that person is subject to imprisonment for not more than 5 years or a fine
of not more than $50,000 or both. As with the first type of criminal penalty, each day or part of any during
which the violation is continued or repeated constitutes a separate offense.
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The third type of criminal penalty (A.C.A. §8-7-204(a)(3)) can be assessed when a person is
convicted of treating, storing, transporting, or disposing of any hazardous wastes and purposely, knowingly or
recklessly causing the release of hazardous wastes into the environment in a manner not otherwise permitted by
law, or creates a substantial likelihood of endangering human health, animal or plant life, or property. The
person is guilty of a felony and subject to imprisonment for not more than 10 years or to a fine of not more
than $100,000 or both. Each day or part of day during which the violation is continued is considered a
separate offense.
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The fourth type of criminal penalty (A.C.A.§8-7-204(4)) differs from the third type in that
the violation must also include placing another person in imminent danger of death or serious bodily injury.
This is also a felony and subject to criminal penalties of not more than 20 years imprisonment or a fine of
not more than $250,000 or both. Each day or part of day during which the violation continues is considered a
separate offense.
Finally, under A.C.A.§8-7-204(a)(5), a person convicted and subject to any of the above
criminal penalties may also be subject to additional fines if that person derived pecuniary gain from the
commission of the offense. The fine may not exceed twice the amount of the pecuniary gain. |
