Introduction -

The Arkansas Department of Environmental Quality, in coordination with, the Arkansas Pollution Control & Ecology Commission, strives to maintain and administer a hazardous waste management program that is equivalent in force and effect to and no less stringent than the Federal program as established by the federal Resource Conservation and Recovery Act, as amended, including but not limited to the Hazardous and Solid Waste Amendments. Arkansas's regulations mirror, to the greatest extent possible, the Federal hazardous waste management regulations published at 40 CFR Parts 260-266, 268, 270, 273, and 279.

        The Federal RCRA program is delegated to the State government, however, once the State demonstrates that it has implemented a hazardous waste management program that is equivalent to and no less stringent than the minimum standards published in 40 CFR Parts 260279. This process is known as authorization. Once EPA has authorized a State's hazardous waste management program, that State's program is implemented, by the responsible State agency in lieu of EPA's program.

        Arkansas's hazardous waste management program, in its broadest statement of purpose, is designed to protect the public health and safety and the environment from the effects of improper, inadequate, or unsound management of hazardous wastes. It accomplishes this to the fullest extent possible by establishing a program of strict regulation over the generation, storage, transportation, treatment, disposal, and other forms of management of these wastes. The program additionally affords the people of the State a voice in the management of hazardous wastes within Arkansas. The lead agency for the hazardous waste management program in Arkansas is the Department of Environmental Quality (ADEQ).

        Arkansas, and the Department of Environmental Quality, has received final authorization for all components of and revisions to the federal RCRA program promulgated on or before June 30, 1992, to include authorization for HSWA corrective action. Federal rule changes and revisions promulgated between July 1, 1992, and February 11, 1999, have been adopted as well, and are being implemented and enforced as components of the State's program.

        The Arkansas General Assembly has approved the necessary legislation to administer a State program of scope and coverage equivalent to and no less stringent than that administered by EPA. Two State Acts, the Arkansas Hazardous Waste Management Act (Act 406 of 1979, as amended, codified at Arkansas Code Annotated (A.C.A) Section 8-7-201 et. seq.) and the Arkansas Resource Reclamation Act (Act 1098 of 1979, as amended, codified at A.C.A. Section 8-7-301 et. seq.) set the legal framework for the State's hazardous waste management program. The Arkansas Remedial Action Trust Fund Act (Act 479 of 1985, as amended, codified at A.C.A. section 8-7-501 et. seq.) provides additional authority for corrective action and clean-up of hazardous waste releases at RCRA sites and facilities as well as abandoned hazardous substance sites. In addition to and based upon this framework, ADEQ and the Arkansas Pollution Control & Ecology Commission publishes and updates this document, APC&EC Regulation No. 23 (Hazardous Waste Management), which serves as the basic regulation for administration of the state's hazardous waste management program.

        Just as the authorized Arkansas hazardous waste management program operates in lieu of the Federal RCRA program in Arkansas, this regulation stands in place of the Federal rulebook for hazardous wastes under the State hazardous waste management program. Regulation No. 23 is thus the primary reference for hazardous waste management activities and practices in Arkansas.

        Federal regulations contained in 40 CFR Parts 260-266, 268, 270, 273, and 279 have been adopted verbatim in this regulation at Sections 260 through 279, and have been modified only to represent the proper points of contact under the authorized State program and to reflect additional or specific State requirements. For ease of cross-reference to the equivalent Federal regulations for companies operating in other states, all paragraph numberings within the State regulation sections are the same as those used in the equivalent Federal part. One need only substitute the Federal part number for the State section number. For example, 40 CFR Part 261, for identification and listings of hazardous wastes, is contained in Section 261 of this Regulation, and someone seeking the State equivalent of 40 CFR 261.3(a)(2)(i) need only refer to Regulation 23 Section 261.3(a)(2)(i).

        For ease of reference, the Federal CFR Part numbers and their equivalent State Sections in this Regulation are:

        Topic

        40 CFR Part No.

        Equivalent Reg. No. 23 Section

        Hazardous Waste Management System: General

        40 CFR 260

        Reg. 23 §260

        Identification and Listing of Hazardous Waste

        40 CFR 261

        Reg. 23 §261

        Standards for Generators

        40 CFR 262

        Reg. 23 §262

        Standards for Transporters

        40 CFR 263

        Reg. 23 §263

        Standards for TSD Facilities

        40 CFR 264

        Reg. 23 §264

        Interim Status Standards for TSD Facilities

        40 CFR 265

        Reg. 23 §265

        Standards for the Management of Specific Hazardous Wastes and Specific Types of Hazardous Waste Management Facilities

        40 CFR 26

        Reg.23 §266

        Standardized Permits

        40 CFR 267

        Reg 23 §267

        Land Disposal Restrictions

        40 CFR 268

        Reg. 23 §268

        EPA and State Permits

        40 CFR 270

        Reg. 23 §270

        Universal Wastes

        40 CFR 273

        Reg. 23 §273

        Used Oil Management

        40 CFR 279

        Reg. 23 §279

        Specific State Requirements for the Hazardous Waste Management Program:

        Arkansas has enacted several requirements under its hazardous waste management program which are either in addition to, more stringent than, or broader in scope than the minimum standards of Federal RCRA program set forth in 40 CFR Parts 260-279. These additional State requirements are set forth in this Regulation at Sections 1-6 and Sections 18-30, and appear in Sections 260-279 in italicized type to distinguish them from the adopted Federal language.

        For quick reference, Arkansas's additional or more stringent hazardous waste laws and/or regulations (compared to the equivalent federal program) are listed and referenced below. Also included in this listing are the areas considered to be "broader in scope" than their Federal counterparts.

        1. Definitions of Terms, References, and Test Methods: State requirements are equivalent to those of the federal program, except for the following:

        ■ 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.

        ■ Arkansas includes definitions for the following terms not found in 40 CFR 260.10: " commingling "," 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".

        2. Identification and Listing of Hazardous Wastes'. State requirements are equivalent to those of the federal program, except that:

        ■ Arkansas does not provide for a State delisting program. 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.

        ■ Arkansas has not adopted the provisions published at 73 FR 64667-64716 on October 30, 2008, which revise the definition of solid waste for the management of hazardous secondary materials under 40 CFR 261.4(a)(23).

        ■ Arkansas has not adopted the provisions published at 73 FR 77953-78017 on December 19, 2008 which expand the provisions for the RCRA comparable fuel exclusion at 40 CFR 261.38.

        3. Standards for Generators: State requirements are equivalent to those of the federal program, except for the following areas:

        Regulation No. 23 §6(n), (o), (p), and (q) establishes an annual monitoring and inspection fee for fully-regulated and small quantity generators; §25 establishes an annual fee on hazardous waste generation*

        ■ Regulation No. 23 §§262.13(d) and 262.26(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.

        ■ 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.

        ■ 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.

        ■ Regulation No. 23 §262.26 contains additional requirements for generators not found in the Federal program including:

        ■ 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.

        ■ 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.

        ■ Regulation No. 23 §262.35 contains more stringent management requirements for conditionally-exempt small quantify generators.

        Regulation No. 23 §262.41 requires that generators submit annual rather than biennial reports. This is a more stringent requirement.

        ■ 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.

        ■ Arkansas does not have an analog to 40 CFR 262.44 which subjects generators of between 100 and 1000 kg per month to reduced recordkeeping requirements. This difference makes the State program more stringent than the Federal program.

        ■ Regulation No. 23 §262.50(c) requires that a copy of all export notifications and manifests that are submitted to EPA be also submitted to the Department. This is a more stringent requirement.

        4. Standards for Transporters:

        State requirements are equivalent to those of the federal program, except for the following:

        ■ Reg No. 23 §260.10, definition of "commingling" prohibits transporters from commingling wastes in any manner that constitutes treatment.

        ■ 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.

        ■ 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.

        ■ In addition to the notification requirements found at 40 CFR 263.30(c)(l)&(2), Arkansas requires immediate notice to the Arkansas State Police and the principal officer or designated contact for the transporter.

        ■ 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.

        5. Standards for Facilities:

        State requirements are equivalent to those of the federal program, except for the following:

        ■ 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.

        ■ Reg. No. 23 §6(a)-(n), (t), (u), (w), (x), and (z) establish a fee system for hazardous waste permitting and related activities; §25 establishes an annual fee for treatment, storage, or disposal of out-of-state waste.

        ■ 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.

        ■ 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.

        ■ 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.

        ■ 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.

        ■ 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.

        ■ Reg. No. 23 §264.71(e) 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.

        ■ 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.

        ■ 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.

        ■ Reg. No. 23 §§264.143(e), 264.145(e), and 264.147(a)(1) require that when insurance is used as a mechanism for financial assurance for closure, post closure, corrective actions, or liability, a copy of the insurance policy must be provided to the Director, and the insurer must be licensed to transact the business of insurance as recognized by the Arkansas Insurance Department, and be favorably rated by A.M. Best, Moody's, or Standards & Poor's. Captive insurance may not be used to demonstrate financial assurances under the provisions of this Regulation.

        ■ Reg. No. 23 §§264.143(f), 264.145(f), and 264.147(f) require the submittal of a copy of the owner's or operator's consolidated financial statements for the latest completed fiscal year, with all notes and attachments, when the corporate financial test or corporate guarantee is used as a financial assurance instrument for closure, post-closure, corrective action, or liability.

        ■ 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.

        ■ 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, and independent from the facility owner/operator. The Federal requirements allow registration in any State. Arkansas is therefore more stringent.

        ■ 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.

        ■ 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 and independent from the facility owner/operator. The Federal counterparts allow engineers to certify that are registered in any state. This difference makes the State's program more stringent.

        ■ 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.

        ■ 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.

        ■ 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 and independent from the facility owner/operator.

        ■ 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).)

        ■ 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:

        ■ Reg. No. 23 §265.13(a)(l) 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.

        ■ 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.

        ■ 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 and independent from the facility owner/operator. This difference makes the State more stringent.

        ■ Reg. No. 23 §265.71(e) 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.

        ■ 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.

        ■ Reg. No. 23 §§265.143(h), 265.143(h) and 265.147(e) require that the engineer who certified closure be registered in Arkansas and independent from the facility owner/operator. This difference makes the State more stringent.

        ■ Reg. No. 23 §§265.143(e), 265.145(e), and 265.147(a)(1) require that when insurance is used as a mechanism for financial assurance for closure, post closure, corrective actions, or liability, a copy of the insurance policy must be provided to the Director, and the insurer must be licensed to transact the business of insurance as recognized by the Arkansas Insurance Department, and be favorably rated by A.M. Best, Moody's, or Standards & Poor's. Captive insurance may not be used to demonstrate financial assurances under the provisions of this Regulation.

        ■ Reg. No. 23 §§265.143(f), 265.145(f), and 265.147(f) require the submittal of a copy of the owner's or operator's consolidated financial statements for the latest completed fiscal year, with all notes and attachments, when the corporate financial test or corporate guarantee is used as a financial assurance instrument for closure, post-closure, corrective action, or liability.

        ■ 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 and independent from the facility owner/operator. The Federal requirements allow registration in any State. Arkansas is therefore more stringent.

        ■ 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 and independent from the facility owner/operator. This difference makes the State's program more stringent.

        ■ 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.

        ■ 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.

        ■ 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 and independent from the facility owner/operator. Under the Federal requirements the engineer can be registered in any state.

        6. Land Disposal Restrictions:

        All State requirements are equivalent to those of the Federal program.

        7. Requirements for Permits:

        State requirements are equivalent to those of the Federal program, except for the following:

        ■ 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.

        ■ Arkansas distinguishes between commercial and non-commercial waste activities in setting its permit fee schedule.

        ■ 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.

        ■ 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.

        ■ 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.

        ■ 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.

        ■ 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-l-106(b) provides the State with the authority to require this information. This requirement makes Arkansas more stringent than the Federal program.

        ■ 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 and independent from the facility owner/operator.

        ■ 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.

        ■ Reg. No. 23 §270.30(1)(9) requires an annual rather than a biennial report.

        ■ 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 epidemiologic investigation. This requirement makes the state more stringent.

        ■ Reg. 23 §270.40(b) requires that upon the transfer of a RCRA permit to a new owner or operator, the new operator must establish compliant financial assurance no later than the date of the change of ownership or operational control. This is a more stringent requirement.

        ■ At Reg. No. 23 §270.70(b), the analog to 40 CFR 270.70(b), Arkansas does not allow the owner/operator at least 30 days to explain or correct a deficiency. This difference makes the state more stringent.

        8. Used Oil Management:

        State requirements are equivalent to those of the Federal program, except for the following:

        ■ 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.

        ■ 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.

        ■ 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.

        9. Universal Wastes:

        State requirements are equivalent to those of the Federal program, except for the following:

        ■ Reg. 23 §273.5(b)(3) specifically excludes broken and crushed lamps as well as the debris from broken or crushed lamps from being managed under the universal waste program.

        ■ Reg. 23 §273.6 establishes a universal waste classification for "consumer electronic items," a broad category encompassing CRTs and other electronic wastes.

        10. Enforcement:

        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.

        ■ Under the first (A.C.A.§8-7-204(a)(l), 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.

        ■ The second type of criminal penalty (A.CA §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.

        ■ 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.

        ■ 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.

        EFFECTIVE DATES OF FEDERAL RCRA RULES AND CHANGES INCORPORATED IN REGULATION No. 23

        Date

        Federal

        Rule

        Published in Federal Register

        Date

        Adopted by PC&E

        Commission

        Effective Date of State Rule

        Federal

        Authorization

        Granted

        5-19-80

        8-15-80

        11-19-80

        1-25-85

        5-20-80 to 2-14-81

        8-21-81

        Effective date of federal rule

        8-23-85

        2-15-81 to 1-1-82

        5-6-82

        5-6-82

        8-23-85

        1-2-82 to 7-26-82

        11-19-82

        Effective date of federal rule

        8-23-85

        7-27-82 to 3-1-83

        5-27-83

        5-27-83

        8-23-86

        3-2-83 to 7-1-83

        9-23-83

        Effective date of federal rule

        8-23-85

        7-2-83 to 5-18-84

        7-6-84

        7-6-84

        8-23-85 1

        Date

        Federal

        Rule

        Published in Federal Register

        Date

        Adopted by PC&E

        Commission

        Effective Date of State Rule

        Federal

        Authorization

        Granted

        5-19-84 to 1-14-85

        5-24-85

        5-24-85

        5-29-90 1

        1-15-85 to 8-31-85

        11-22-85

        12-22-85

        5-29-90 1

        9-1-85 to 7-17-86

        9-26-86

        7-9-86

        5-29-90 1

        7-18-86 to 6-30-87 (HSWA Clusters I, IT)

        9-25-87

        10-22-87

        11-18-91

        7-1-87 to 6-30-88 (HSWA II, Non-HSWA IV)

        9-23-88

        10-25-88

        11-18-91

        7-1-88 to 6-30-89 (Non-HSWA Cluster V)

        11-17-89

        12-21-89

        12-4-92

        7-1-89 to 8-24-90 (Non-HSWA Cluster VI)

        10-24-90

        12-17-90

        12-4-92

        8-25-90 to 6-30-91 (RCRA Cluster I)

        12-6-91

        1-27-92

        12-4-92

        Kawneer delisting

        6-30-92

        8-30-92

        N/A

        7-1-91 to 6-30-92 (RCRA Cluster II)

        8-27-93

        9-21-93

        12-21-94

        7-1-92 to 6-30-93 (RCRA Cluster III)

        4-22-94

        6-6-94

        6-24-02

        7-1-93 to 6-30-94 (RCRA Cluster IV)

        1-27-95

        3-17-95

        6-24-02

        7-1-94 to 1-3-95 (RCRA Cluster V)

        7-28-95

        9-2-95

        6-24-02

        1-3-95 to 6-30-95 (RCRA Cluster V)

        12-1-95

        1-21-96

        6-24-02

        7-1-95 to 1-14-97 (RCRA Cluster VI, VII)

        7-25-97

        8-22-97

        6-24-02

        1-15-97 to 2-11-99 (RCRA Clusters VII, VIII)

        7-23-99

        9-4-99

        6-24-02

        2-12-99 to 7-6-99 (RCRA Cluster IX)

        2-25-00

        5-20-00

        6-24-02

        7-7-99 to 8-9-01 (RCRA Cluster X XI)

        12-7-01

        1-24-02

        10-15-07

        Date

        Federal

        Rule

        Published in Federal Register

        Date

        Adopted by PC&E

        Commission

        Effective Date of State Rule

        Federal

        Authorization

        Granted

        8-10-01 to 12-31-02 (RCRA Cluster XII)

        10-24-03

        12-6-03

        10-15-07

        1-1-03 to 9-28-04 (RCRA Cluster XIII)

        1-28-05

        3-21-05

        10-15-07

        9-28-04 to 7-1-05 (RCRA Cluster XIV)

        12-9/05

        3-23-06

        10-15-07

        7-1-05 to 12-31-07 (RCRA Clusters XV, XVI)

        4-25-08

        5-26-08

 

        1-1-08 to 6-30-09 (RCRA Cluster XVII, XIX)

        4-23-10

        8-13-10

 

        7-1-09 to 8-31-10 (RCRA Cluster XX)

        8-26-11

        9-26-11

        12-30-14

        7-1-10 to 12-31-11 (RCRA Cluster XXI)

        6-22-12

        8-12-12

        12-30-14

        (1) HSWA provisions in this date range were not federally authorized until 11-18-91