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The Arkansas Department of Energy and Environment – Division of Environmental Quality (“DEQ”) has issued a guidance/reminder document regarding a section of Rule #23 of the Arkansas Ecology and Pollution Control Commission (“Commission”).
Arkansas has been delegated and implements the federal Resource Conservation and Recovery Act (“RCRA”) federal hazardous waste regulatory program through Commission Rule 23.
The RCRA is the public law that created the framework for the proper management of hazardous waste. Federal law and corresponding Arkansas statutory authority allow agencies to regulate hazardous waste from “cradle to grave”. This includes the generation, transport, treatment, storage and disposal of hazardous waste.
The DEQ’s August 25 guidance/reminder addresses section 262.42 of Commission Rule 23. This provision implies the “exception report”.
The document first discusses when an exception report should be submitted to the DEQ Director outlining:
? Large Quantity Generator (LQG) – Where LQG has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 45 days of the date of acceptance of the waste by the original carrier.
? Small Quantity Generator (SQG) – When SQG has not received a copy of the manifest with the handwritten signature of the owner or operator of the designated facility within 60 days of the date of acceptance of the waste by the original carrier.
The document then outlines what to include in an exception report:
? Large Quantity Generator (LQG)
- A legible copy of the manifest for which the producer does not have delivery confirmation.
- A cover letter signed by the generator or authorized representative explaining the efforts made to locate the hazardous waste and the results of those efforts.
? Small Quantity Generator (SQG)
- A legible copy of the manifest for which the producer does not have delivery confirmation.
- An indication that the generator has not received delivery confirmation. (This could be a separate sheet of paper or written on the manifest.)
Finally, the document also addresses what it describes as:
. . . rejected shipments of hazardous waste or container residue contained in non-empty containers that are forwarded to another facility by a designated facility using a remanifest. . .
DEQ indicates that the generator:
. . . must comply with the same requirements above, but the time limits begin to run on the date the waste has been accepted by the original carrier carrying the hazardous waste shipment from the designated facility to the alternate facility.
A copy of the guide/reminder can be downloaded here.
