Overview of Regulatory Requirements for Hazardous Waste Generators in Arkansas

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. For assistance about regulatory requirements for Hazardous Waste Generators in Arkansas, contact Enforcement Manager, Alberta Hires, 501-683-5697.

Monitoring and inspection fees for hazardous waste facilities are due to ADEQ by January 1 each year. The Hazardous Waste Division mails monitoring and inspection fee invoices to treatment, storage and disposal facilities in early November. Commercial treatment, storage or disposal facilities, noncommercial treatment or disposal facilities, and noncommercial storage facilities are charged set fees. Generators are charged a fee based on their generator category in their last annual reporting cycle. This information comes from their annual reports submitted to ADEQ. In addition, invoices are mailed to transporter transfer facilities. They are charged an annual fee of $50.

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, wastes are considered hazardous if they 1) are listed as a hazardous waste, or 2) meet the ignitability, corrosivity, reactivity, or toxicity characteristics outlined in Regulation 23 §261, §262.10-11.
Waste Generation and Accumulation Limits Generates more than 1000 kilograms (2200 lb.) of hazardous waste in a calendar month, and/or generates more than 1 kg (2.2 lb.) of acutely hazardous waste in a calendar month. May accumulate hazardous waste generated on-site for up to 90 days. (Regulation 23 §262.34) Generates between 100 kilograms (220 lb.) and 1000 kg (2200 lb.) of hazardous waste in a calendar month, and/or generates no more than 1 kg (2.2 lb.) of acutely hazardous waste in 1 calendar month. May accumulate no more than 6000 kg (13,200 lb.) 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 lb.) in a calendar month, and/or generates no more than 1 kg (2.2 lb.) of acutely hazardous waste in a calendar month. May accumulate up to 1000 kg (2200 lb.) 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 TSDF or a facility that 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 is due annually on January 1 for facilities notified 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.