The Arkansas Department of Environmental Quality (“ADEQ”) issued a “Notice of Proposed Regulation Changes, Public Hearing, and Public Comment Period” (“Notice”) regarding proposed revisions to Arkansas Pollution Control and Ecology Commission Regulation 23 (Hazardous Waste Management).

The Notice states that a hearing will be held July 13th at 2:00 o’clock in the ADEQ Commission Room which is located at 5301 Northshore Drive, North Little Rock, Arkansas.

The State of Arkansas was delegated the Subtitle C of the Resource Conservation and Recovery Act (“RCRA”) hazardous waste management program many years ago. Regulation 23 incorporates the state regulations that are utilized to implement the RCRA Subtitle C program in Arkansas.

The Notice states that the proposed revisions include:

  • Adopting amendments to federal Hazardous Waste Management Regulations, 40 C.F.R. Parts 260-279 that were published in the Federal Register between January 13, 2015 and April 17, 2015 which are stated to include:

    • Adopting of the revised definition of solid waste and related changes

    • Vacatur of the Comparable Fuels Rule and the Gasification Rule

    • Disposal of coal combustion residuals from electric utilities

    • Miscellaneous corrections, language, and formatting changes to correct inconsistencies (referencing typographical errors, incorrect citations, failure to adopt previous rules in their entirety, etc., between Regulation 23 and the current federal regulations).

Oral and written comments will be accepted at the hearing. The deadline for submitting written comments is 4:30 (central time) July 27th.

A copy of the Notice can be downloaded here.