Arkansas RCRA Hazardous Waste Reporting

Arkansas hazardous waste is governed by both federal and state regulations, ensuring that hazardous materials are handled in a way that protects human health and the environment. At the federal level, the Resource Conservation and Recovery Act (RCRA) sets the framework for hazardous waste management across the United States. In Arkansas, hazardous waste is regulated by the Arkansas Department of Energy and Environment, Environmental Quality Division (ADEQ). ADEQ requires hazardous waste generators and hazardous waste treatment, storage, and disposal facilities (TSDFs) to report their hazardous waste activities during each calendar year. The information is used to measure and maintain the quality of the environment, communicate hazardous waste management to the public, and ensure the state has adequate waste treatment capacity

Understanding Arkansas Hazardous Waste/ RCRA Reporting Requirements

Who Needs to Report?

In Arkansas, generators and treatment facilities are required to report their hazardous waste activities. Reporting requirements are based on generation quantities. Facilities have to submit annual notifications or biennial reports to the state if they generate wastes at or above certain thresholds (below). 

• Small Quantity Generators (SQGs):
  • Generate 220 lbs or more of hazardous waste and less than 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste in any single month
• Large Quantity Generators (LQGs):
  • Generate 2,200 lbs or more of hazardous waste or 2.2 lbs or more of acutely hazardous waste
    • Must submit federal biennial reports via RCRAInfo in even-numbered years
• Any permitted Treatment, storage, or disposal facility (TSDFs) 
  • must submit biennial reports via RCRAInfo every 2 years and annual reports to the state non-RCRA reporting years
• Any site that is on file with ADEQ as an SQG or LQG must report

State-Listed Hazardous Waste in Arkansas

• Arkansas does not have any state-specific wastes subject to RCRA manifest and reporting requirements and follows federal waste designations and waste codes. Alabama has also adopted all EPA rules exempting or excluding wastes from RCRA manifest regulations.
• A full list of EPA Hazardous Waste codes can be found here

Arkansas Generator Statuses and Requirements

Very Small Quantity Generators (VSQG) Requirements

VSQGs are facilities that generate no more than 100 kg (220 lbs) of hazardous waste or 1 kg (2.2 lbs) of acutely hazardous waste in any given month. In Arkansas, VSQGs may also be referred to as Conditionally Exempt Small Quantity Generators (CESQGs). CESQGs are not required to submit annual reports. VSQGs still have requirements to ensure compliance, including:

• Obtain an EPA ID
• Must identify all hazardous waste generated
• Ensure storage does not exceed 2,200 lbs of hazardous waste on-site at any time
• Use permitted transporters 
  • AR-specific requirement for VSQGs
• Use Uniform Hazardous Waste Manifest for all waste shipments 
• Maintain records for a minimum of 3 years

Small Quantity Generator (SQG) Requirements

SQGs generate between 220 and 2,200 lbs of hazardous waste and less than 2.2 lbs of acutely hazardous waste in any given month. In AR, SQGs are required to submit annual reports and abide by the following requirements:

• Obtain an EPA ID and register with ADEQ
• Manage waste onsite properly, including:
  • Safe storage
  • Accurate labeling: include the words “hazardous waste” on waste containers 
  • Weekly inspections of hazardous waste storage areas 
  • Accident prevention 
  • Not allowing accumulation to exceed 13,200 lbs at one time or occur for more than 180 days without a permit
• Have a basic emergency response plan 
  • Have an emergency coordinator available at all times to respond to emergencies
  • Attempt to make arrangements with local emergency response agencies detailing information about hazardous wastes on-site

Large Quantity Generator (LQG) Requirements

LQGs generate 2,200 lbs or more of hazardous waste or more than 2.2 lbs of acutely hazardous waste in any given month. In AR, LQGs are required to submit annual reports and abide by the following requirements:

• Obtain an EPA ID and register with DEQ
• Manage waste onsite properly, including:
  • Safe storage
  • Accurate labeling: include the words “hazardous waste” on waste containers 
  • Weekly inspections of hazardous waste storage areas 
  • Accident prevention 
  • Not allowing accumulation to occur for more than 90 days without a permit 
• Must have a formal contingency plan with a designated emergency coordinator. The plan must include contact information, procedures for spills or other emergencies, a list of emergency equipment with locations, and evacuation routes for your facility
  • Contingency plans must be on file with local emergency response agencies, including fire and police departments and hospitals 
• Conduct formal employee training for employees handling hazardous waste within 6 months of hire
• Only use a permitted TSDF or recycler 
• Use the Uniform Hazardous Waste Manifest (UHWM) system for waste shipments 
• Maintain records for a minimum of 3 years 
• Submit annual reports to ADEQ by March 1 each year 

Examples of Facilities Subject to Waste Reporting

Here are some examples of facilities and the wastes generated that would likely need to submit a RCRA report in Arkansas:

• Wood treatment facilities: creosote and pentachlorophenol contaminated materials, arsenic and chromium compounds, contaminated soil sludge
• Automotive repair and maintenance shops: used solvents and degreasers, waste oils and antifreeze, brake and carburetor cleaners, paints and paint thinners 
• Hospitals and medical facilities: chemotherapy and pharmaceutical wastes, used solvents, disinfectants and sterilants, laboratory wastes
• Printing industries: waste inks containing heavy metals, spent solvents used in cleaning, photographic chemicals, wastewater containing hazardous materials

Hazardous Waste Manifest Requirements for Arkansas Facilities

The EPA established a national electronic-based manifest system for tracking hazardous waste shipments. This is known as the federal e-Manifest system. The hazardous waste manifest used is known as a Uniform Hazardous Waste Manifest (UHWM). In AR, all shipments of hazardous waste must be accompanied by a UHWM, including shipments from VSQGs. Waste manifests may be paper or electronic. Paper copies of manifests must be uploaded to the federal e-Manifest system. 

Waste manifests must include:

• Generator information including name, address, and EPA ID
• Transporter details including ID numbers and U.S. DOT descriptions
• TSDF information including name, address, and EPA ID
• Waste descriptions
  • Name, hazard class, EPA waste codes, quantities 
• Signatures from generators, transporters, and final receiving facilities
• Emergency response numbers and emergency spill cleanup procedures 

For Generators:

• Arkansas does not require manifest copies to be submitted to ADEQ
• AR encourages the use of the federal e-Manifest system for the submission and tracking of manifests

• If paper manifests are used, TSDFs upload the final copy to the e-Manifest system. Generators must be registered with the e-Manifest system and able to access electronic manifests during inspections. Starting January 22, 2025, federal regulations will require all SQGs and LQGs to register for the e-Manifest system
• Paper copies must be stored for at least 3 years

• Exception reporting updates starting January 22, 2025:
  • If a signed copy of the final manifest has not been submitted to e-Manifest within 45 days of acceptance, LQGs must inquire with the TSDF on the status of the waste
  • If a signed copy has not been submitted within 60 days, LQGs and SQGs must submit an exception report with ADEQ
    • Starting December 1, 2025, exception reports must be submitted electronically through e-Manifest 

For Treatment, Storage, and Disposal Facilities:  

• The UHWM must accompany waste throughout its shipment and treatment process
• Must upload a copy of the signed final manifest to e-Manifest within 35 days. 
  • Generators can access final manifests through RCRAInfo.
• Must maintain copies of manifests for a minimum of 3 years.
• Unmanifested Waste Reports: If a TSDF accepts hazardous waste without a manifest, a report must be submitted to ADEQ within 15 days of accepting the waste. This report includes information about the facility, the waste type and quantity, the method of treatment, storage, and disposal, and an explanation of why the waste was unmanifested.  By December 1, 2025, unmanifested waste reports must be submitted into e-Manifest within 20 days of accepting the waste.
• Discrepancy Reports: If a TSDF operator determines a discrepancy in quantities or types of waste, they must first attempt to resolve it with the generator within 15 days of the incident. If it is not resolved within 15 days, TSDFs must submit a report with ADEQ detailing the discrepancy, copies of waste manifests, and attempts to resolve the issue.  By December 1, 2025, discrepancy reports must be submitted into eManifest within 20 days of the incident

Common Manifest Errors

• Incomplete or incorrect generator information
• Improper waste descriptions
• Missing signatures
• Failing to retain copies 
• Missing Land Disposal Restriction notifications

Tips to avoid errors in manifests:

• Provide regular training for staff responsible for completing manifests
• Double-check information such as waste codes, DOT names, hazard classes, and ID numbers 
• Use the EPA e-Manifest system to reduce paperwork and fix errors quickly

Arkansas Electronic Waste Reporting System (RCRAInfo)

Overview of RCRAInfo

Arkansas utilizes the federal RCRAInfo system for biennial RCRA reports and state AFRs. Facilities required to submit federal biennial reports must also use RCRAInfo to comply with federal reporting requirements. Waste manifests uploaded and stored in RCRAInfo are accessible by fire departments and local agencies through AR. 

How to Submit a Hazardous Waste Report in RCRAInfo

Here are the key steps for using RCRAInfo Online Reporting system:

• Go to RCRAInfo Online and either create a new account or sign in with your existing credentials. 
• Access the reporting module based on the reporting year:
  • Odd-numbered years: Use the Annual Report Module
  • Even-numbered years: Use the Biennial Report Module
• Compile hazardous waste data including waste type, quantities generated, handling methods, shipments, and details about disposal facilities 
• Complete the necessary forms (Federal Form 8700-12, 8700- 13 a/b)
  • Site ID Form: provides contact information and a summary of waste activities for the previous year. This form is required for all facilities, regardless of generator status.
  •  Off-site identification form (OI) form: this form must be submitted for all off-site receiving facilities that:
    • Shipped away waste that was on a UHM
    • Generated special waste, regardless of generator status
    • Received waste from off-site
    • Had a planned or unplanned episodic event
  • Generation and management (GM form) for each waste stream: describes waste streams generated and how the waste is managed. 
    • Provide federal waste codes, source codes, management methods, waste minimization codes, and waste quantities for each
• Review and submit your waste reports
  • ADEQ will assess yearly generator fees based on the information provided in the annual report. These fees are known as the Remedial Action Trust Fund Fee and are due by July 1 of each year

Deadlines, Timelines RCRA Reporting Frequency

Annual Reporting Deadline

Annual reports are due by March 1 each year regarding information on hazardous wastes generated by the facility in the previous calendar year.

Additional Reporting Requirements (additional waste reports)

• Generators of hazardous wastes newly characterized as TC wastes must notify ADEQ even if they have previously notified the department of other hazardous waste activities
  • TC wastes: hazardous wastes containing metals, pesticides, or organics
• Accumulated waste reporting: In AR, generators must report both accumulated wastes and stored wastes. This requirement is more stringent than federal reporting requirements for stored waste only 
• Episodic generation: AR allows for one planned or unplanned episodic event that would cause a facility to temporarily increase its generator status. Facilities experiencing an episodic event must notify ADEQ via the electronic myRCRAid system no later than 30 days prior to a planned event or 72 hours after an unplanned event

Tips for Effective RCRA Reporting

Maintain Continuous Records

• Continuously tracking waste generation data will help with making sure a facility is maintaining its generator status all year and assist in promptly identifying any changes. 
• Continuously and thoroughly recording waste can help ensure waste data is accurate and ready to go when the March 1st deadline comes around each year. A good rule of thumb is to have data ready to review the first week of January.
• Employee training: Federal regulations require facilities that generate hazardous waste maintain records of their employee training. These records may need to be reported during inspections or upon request. Ensure the facility maintains up-to-date records of all training sessions including dates, topics covered, attendees, etc., and stores these records for 3 years to ensure compliance. 

Understand State-Specific Reporting Requirements

• SQGs and LQGs in AR are required to submit annual reports through RCRAInfo each year by March 1
  • Annual reports include information about accumulated and stored wastes
• All generators, including VSQGs, must only use permitted transporters and UHWMs for all waste shipments
• Generators face annual fees 

Keep Copies of All Submitted Reports

Make copies of all paper forms and securely store them for a minimum of 3 years to stay in compliance in AR. Forms, waste determinations, training, records, and more may be requested during compliance inspections

Common Mistakes in RCRA Reporting and How to Avoid Them

Incorrectly Estimating Quantity of Reportable Wastes

Reporting incorrect waste quantities or generator status can be due to events of underreporting to avoid reaching large quantity generator status and overreporting due to data management errors

Tips:

• Create standardized reporting checklists to ensure accurate information
  • Consider electronic tracking or digital software to automatically calculate quantities based on generation and shipments 
• Maintain up-to-date and accurate logs of waste generation and disposal all year long
• Conduct regular audits of waste totals

Failure to Report All Hazardous Wastes

Failing to report all hazardous wastes can occur for a number of reasons, including misidentification or underclassification of waste streams. This can happen when a facility overlooks smaller waste streams, fails to recognize mixtures of hazardous waste with non-hazardous waste, or relies on outdated waste determination rules. Failing to report all waste can lead to underreporting, misrepresentation generator categories, and issues of non-compliance. 

Tips:

• Conduct regular waste stream inventories 
• Regularly update waste determinations
• Use a digital waste management tracking system to reduce errors and improve recordkeeping
• Consult with environmental experts 

Failing to Keep Up-To-Date with Changes in Regulations

Failing to keep up with changes in regulations can be due to a number of factors. Facilities may lack designated staff members dedicated to tracking regulatory updates, incorrectly assume that long-standing waste management practices remain compliant, or fail to monitor changes from the state.

Tips: 

• Assign a designated staff member or team to monitor waste regulations
• Stay informed: subscribe to updates from ADEQ to keep up to date of any deadlines 
• Join county and state EHS associations to stay up to date about regulatory changes

Lack of Compliance with Arkansas-Specific Waste Regulations

Failing to understand the differences between federal RCRA requirements and Arkansas-specific rules can lead to non-compliance at the state level.

Tips to avoid non-compliance at the state level:

• Regularly review Arkansas-specific regulations by consulting the ADEQ or environmental compliance experts in the state
• Train employees on Arkansas requirements 
• Consider digital waste tracking and reporting software that supports state-specific monitoring 

Late and Missed Submissions

Ineffective timeline management can lead to late and missed report submissions. Lacking a centralized compliance center, unclear designation of responsibilities, and insufficient training can contribute to missing deadlines. 

• All reports must be submitted by March 1

Tips:

• Create a shared compliance calendar and set reminders well in advance
• Start compiling hazardous waste data and facility information early (by January at the latest) to avoid last-minute errors
• Use a centralized digital filing system so data can be easily and readily accessed

Penalties for Non-Compliance with RCRA Reporting in Arkansas

Potential Fines and Legal Consequences

In Arkansas, non-compliance with RCRA reporting requirements can lead to penalties, including 

fines and civil or criminal enforcement actions. These penalties and fines are enforced by ADEQ and the federal EPA. Fines can be based on the severity and frequency of violations, knowledge of the violation, and other factors. As of January 8th, 2025, the maximum penalty imposed by the EPA for a RCRA violation is $93,058 per violation per day. The EPA is likely to increase this maximum penalty each year. In AR, there are 4 different types of criminal penalties.

These penalties include: 

• Violating any provision of the Hazardous Waste Management Act: misdemeanor, up to 1 year jail time, and fines of up to $25,000 per violation per day
• Violating any provision of the Hazardous Waste Management Act and leaving the state: felony charges, up to 5 years of jail time, and fines up to $50,000 per violation per day 
• Treating, storing, transporting, or disposing of hazardous waste and knowingly or recklessly releasing hazardous waste into the environment in a way that causes or creates the likelihood of environmental harm: Felony charges, up to 10 years jail time, and fines up to $100,000 per violation per day 
• Violating hazardous waste laws in a way that places another person in danger or serious harm: Felony chargers, up to 20 years jail time, and fines up to $250,00 per violation per day