014.09.15 Ark. Code R. § 001

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Year: 2023
• Citation: 014.09.15 Ark. Code R. § 001

CHAPTER 1

TITLE AND PURPOSE

The following rules and regulations of the Arkansas Pollution Control and Ecology Commision, adopted pursuant to the provisions of the Arkansas Hazardous Waste Management Act of 1979 (Act 406 of 1979, as amended Arkansas Code Annotated (A.C.A.) §§ 8undefined8-7-201 et seq.),and the Arkansas Resource Reclamation Act of 1979 (Act 1098 of 1979, as amended, Arkansas Code Annotated (A.C.A.) §§ 8undefined8-7-301 et seq.),shall be known as APC&EC Regulation No. 23, (Hazardous Waste Management).

It is the purpose of this Regulation and it is hereby declared to be the policy of this Commission:

* to protect the public health and safety, the health of living organisms, and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes;

* to establish a program of regulation over the generation storage, transportation, treatment, and disposal of hazardous waste;

* to assure the safe and adequate management of hazardous wastes within this state;

* to qualify to adopt, administer, and enforce a hazardous waste program pursuant to the Federal Resource Conservation and Recovery Act as amended, ( P.L. 94-580 );

* to afford the people of the State of Arkansas a voice in the permitting of hazardous waste facilities within their respective counties;

* to establish a statewide program designed to protect society and the environment from the risks and burdens associated with the continued practice of disposing of those forms of hazardous waste which could otherwise be treated;

* to encourage the development and utilization of techniques which result in the recovery, reclamation and conservation of resources of the State, including the reclamation and conservation or safeguarding of abandoned hazardous waste disposal sites;

* to encourage interstate cooperation and interstate agreements which would provide a requisite balance of disposal and treatment facilities among the states and which would reduce the amount of hazardous waste disposed of in the state, irrespective of the origin of such wastes; and

* to promote economic growth with environmental concern by establishing a program to assist industries in finding environmentally sound methods of disposing of hazardous waste.

CHAPTER 2

REGULATIONS PROMULGATED UNDER THE ARKANSAS HAZARDOUS WASTE MANAGEMENT ACT FOR ADMINISTRATION OF THE STATE RCRA PROGRAM

Section 1. AUTHORITY The regulations under this Chapter are promulgated pursuant to the Arkansas Hazardous Waste Management Act, as amended (Act 406 of 1979, as amended, A.C.A. §§ 8-7-201 et seq.)

Section 2. VIOLATIONS Any of the following acts shall be considered a violation of this Regulation and shall be subject to the penalties provided in the Arkansas Hazardous Waste Management Act of 1979 (Act 406 of 1979, as amended): (a) Failure to comply with the provisions of this Regulation or with the terms of permits or orders issued hereunder. (b) To purposely or knowingly make any false statement, representation, or certification in any application, record, report, plan or other document filed or required to be maintained under this Regulation, or to falsify, tamper with, or knowingly render inaccurate any monitoring device, testing device, or method required to be maintained under this Regulation. (c) To dispose of hazardous waste at any disposal site or facility within the state of Arkansas other than one for which a permit has been issued by the Department pursuant to this Regulation. (d) To engage in hazardous waste management contrary to the provisions of this Regulation or in such a manner or place as to create or as is likely to be created a public health hazard or to cause water or air pollution within the meaning of the Arkansas Water and Air Pollution Control Act, as amended (A.C.A. §§ 8undefined8-4-201 et seq.)

Section 3. AMENDMENT AND UPDATE OF REGULATION No. 23 (HAZARDOUS WASTE MANAGEMENT (a) Updates. The Commission, at least annually, after the date of promulgation of any new or revised federal hazardous waste regulations shall conduct rulemaking procedures with reference to this Chapter necessary to maintain a State Hazardous Waste Management Program equivalent to the federal program. Such new or revised federal regulations upon the date of their publication as final rules of the U.S Environmental Protection Agency shall constitute minimum guidelines to the Commission and the Director in formulating rulemaking proposals to this Regulation, and shall not be construed to limit or interfere with the adoption of provisions more stringent than federal regulations. (b) Incorporations by Reference The regulations listed immediately below, promulgated by the U.S. Environmental Protection Agency, are hereby adopted as provisions of this Chapter as though set forth herein line for line and word for word with the exception that all references therein to "Administrator", "Regional Administrator", "Director", or "State Director" shall be considered references to the "Director of the Arkansas Department of Environmental Quality"; and all references to the "U.S. Environmental Protection Agency" or "EPA" shall be considered references to the "Arkansas Department of Environmental Quality". All references elsewhere in this chapter to any of the following regulations shall constitute a reference to the regulation as herein adopted; and provided that the effective date of provisions adopted herein by reference as provisions of this Regulation shall be the date such provisions are specified as being effective by the Commission in its rulemaking and the effective date of the federal regulations adopted herein shall have no bearing on the effective date of any provisions of this Regulation. Title 40 Code of Federal Regulations:(1) Appendix IX of Part Pollution Control and Ecology Commissionundefined261 (with the exception of delisting decisions for Arkansas companies; for analogous provisions, see Reg. 23 § Pollution Control and Ecology Commissionundefined261 Appendix IX); (2) Appendix IX of Part Pollution Control and Ecology Commissionundefined266; and (3) Subpart A of Part Pollution Control and Ecology Commissionundefined124 with the following exceptions: 124.1, 124.2, 124.3(b), 124.3(d), 124.3(e), 124.4, 124.5(b), 124.5(e), 124.5(g), 124.6(b), 124.9, 124.10(a)(l)(i), 124.10(a)(l)(iv), 124.10(a)(l)(v), 124.12(e), 124.14, 124.15, 124.16, 124.18, 124.19, and 124.21 (see also APC&EC Regulation No. 8 (Administrative Procedures) for analogous provisions as referenced in § Pollution Control and Ecology Commissionundefined270 of this Regulation.) (4 ) All as adopted as final rules (including "interim final rules" and "technical amendments") published in the Federal Register by the U.S. Environmental Protection Agency on or before December 31, 2014.

Section 4. CONFLICT OF INTEREST.(a) No employee of the Department shall have a financial interest in any hazardous waste management facility or in any commercial enterprise engaged in the transportation, treatment or disposal of hazardous waste or in any business which furnished real property, plans, labor, material or equipment to hazardous waste management facilities. For purposes of this Section, "financial interest of an employee of the Department" shall extend to that employee's husband or wife if said husband or wife is a stockholder, an officer or a management official of a commercial entity engaged in any of the activities listed above. (b) Payment by the owner or operator of a hazardous waste management facility to the Department pursuant to the provisions of § Pollution Control and Ecology Commissionundefined6(i) shall not be construed to mean that the Department personnel serving as on-site inspectors have financial interest in such facility.

Section 5. (Reserved)

Section 6. FEES AND COSTS Permit Fees (a) Any person who applies for a permit for the construction, operation, and/or post closure care of a hazardous waste management facility or unit shall submit as part of said application a money order or cashier's check payable to the Department to cover permit fees in accordance with the following schedule(s):(1) Permits for Construction/Operation Commercial Facility: (i) Base permit application fee - $20,000 plus waste management activity fee (subsection b). (ii) Unsolicited application amendment fee (during application review process) - $3,000 plus applicable waste management activity fee. (iii) Permit renewal fee - Base application fee plus waste management activity fee (subsection b). (iv) Annual permit maintenance fee -$15,000 plus waste management activity fee (subsection b). (2) Permits for Construction/Operation -Noncommercial Facility: (i) Base permit application fee - $15,000 plus waste management activity fee (subsection b). (ii) Unsolicited application amendment fee (during application review process) - $2,250, plus applicable waste management activity fee (iii) Permit renewal fee - Base application fee plus waste...