Comparison of State and Federal Hazardous Waste Rules
General Summary (find a description of Federal Rules here).
Arkansas generally follows the federal rules for hazardous waste management and also has more stringent state requirements.
1. Do I need an EPA ID number to handle hazardous wastes
2. How do I determine my generator status?
Arkansas follows the federal rules for defining generator status.
3. How can I tell if the waste materials I handle are considered
Arkansas follows the federal rules for defining hazardous wastes. Arkansas does not provide a delisting program for wastes.
4. How long can I store hazardous wastes on site?
Arkansas follows the federal rules for storing hazardous wastes.Containment systems of container storage areas must have an impermeable coating on all surfaces, and high enough to extend above any contained spill.Hazardous waste storage facilities must pay state facility fees.
5. Who can transport and receive the wastes I ship off site?
Arkansas generally follows the federal rules for shipping hazardous wastes to a TSD. Hazardous waste generators must use permitted transporters when transferring hazardous waste off-site.Transporters must also notify the Arkansas State police in the event of a hazardous materials spill.Arkansas requires any person who operates a hazardous waste transfer facility to obtain a separate and unique EPA ID for each facility.Transporters that carry hazardous waste in, from, or through Arkansas must obtain a transporter permit from AHTD. Arkansas uses its own manifest and has specific requirements for manifest completion and distribution.SQG's must use a manifest when transporting waste off-site when the waste they produce is recycled under a contractual agreement.CESQGs must only use permitted transporters when transporting hazardous waste off-site.CESOG's must ship and dispose of hazardous waste in state-permitted, licensed or registered facilities, or ship the waste to approved facilities out-of state. On-site hazardous waste can be treated or disposed of at permitted facilities.
6. What records do I have to keep?
Arkansas follows the federal rules for recordkeeping.LQGs, SQG's and TSDF's are required to submit an annual report and keep on file for at least three years.
7. Do I have to file reports?
Arkansas generally follows the federal rules for reporting.Hazardous waste generators must submit an annual report to ADEQ for the previous calendar year.
8. What training requirements do I have to meet?
Arkansas generally follows the federal rules for training.TSDF operators must obtain certification to operate in Arkansas.
9. What differences between states may exist with regard to use of the the new standardized manifest form?
As of September 5, 2006, the new standardized manifest form (EPA Form 8700-22) and its continuation sheet (EPA Form 8700-22A) must be used in every state to track hazardous waste shipments. There will be no state variations of the new federal form and states may not require information to be included on the form that is in addition to that required by federal rules. That said, some differences between states may exist with regard to use of the form. For Arkansas these differences include:
Additional Wastes: None.
Arkansas does not require submission of the state copy of the manifest to ADEQ.
Generators who transport waste off-site must submit an exception report to the Director if they do not receive a copy of the manifest signed and dated by the operator of the designated facility within 45 days from the date on which the waste was initially shipped. The exception report must describe efforts made to locate the waste, and the results of those efforts. Small quantity generators who do not receive a copy of the signed manifest from the designated facility within 60 days must explain the exception on a copy of the original manifest and send it to the Department. When a manifest shows a weight difference of more than 10% between the initial weight shown by the generator and the final weight as received by the TSDF, documentation must be attached to the record copy and to the copy forwarded to this Department noting that the weight variance has been resolved between the generator and the TSDF. If unable to resolve the discrepancy with the TSDF, forward a copy of the manifest to the Department with an explanation of the discrepancy in Block 18a of the manifest, with an attached letter explaining the discrepancy.
Other Notes, Comments::
Any LQG or SQG who produces a total quantity of hazardous waste greater than 100 kilograms during a calendar month has to comply with state manifest requirements. TSDFs cannot accept a hazardous waste shipment if the accompanying manifest does not have the generator's EPA ID number.
Transporters must obtain a permit through the Arkansas Highway and Transportation Department. The permit number does not have to be recorded on the manifest. CESQGs are required to use a Uniform Hazardous Waste Manifest for all shipments of hazardous waste into, within, or out of Arkansas.
10. What are some other differences between federal and state
Arkansas hazardous waste generators are required to pay an annual fee to ADEQ based on the number of pounds of hazardous waste generated. Generators must also pay an annual monitoring/inspection fee.