Arkansas Administrative Code
Agency 014 - Pollution Control and Ecology Commission
Regulation 30 - Remedial Action Trust Fund Hazardous Substance Site Priority List (#014.00-030)
Rule 014.09.17-002

Universal Citation: AR Admin Rules 014.09.17-002

Current through Register Vol. 49, No. 9, September, 2024

CHAPTER 1 :GENERAL PROVISIONS

Reg. 30.101 Authority

This regulation is promulgated pursuant to provisions of the Remedial Action Trust Fund Act of 1985, Ark. Code Ann. § 8-7-509(f)(l).

Reg. 30.102 Purpose

The Arkansas Remedial Action Trust Fund Hazardous Substances Site Priority List identifies those hazardous substance sites for which expenditures are authorized from the Hazardous Substances Remedial Action Trust Fund pursuant to the provisions of the Ark. Code Ann. § 8-7-509(d)(2) and (d)(3). It is not a site inventory or historical list. Sites are listed alphabetically, and a particular site's position on the list is not relative to its hazard ranking or degree of risk or potential risk.

Reg. 30.103 Definitions

When used in connection with this regulation, terms shall have the meaning defined at Ark. Code Ann. § 8-7-503, or as defined at APC&EC Regulation No. 23 § 260.10.

Reg. 30.104 Criteria for Listing Hazardous Substance Sites
(A) Monies deposited into the Hazardous Substance Remedial Action Trust Fund shall be segregated into two portions.
(1) Eighty percent (80%) of the annual receipts shall be designated for expenditures related to National Priority List (NPL) sites as listed in Chapter 2 of this regulation.

(2) Twenty percent (20%) of the annual receipts shall be designated for expenditures related to State Priority List (SPL) sites as listed in Chapter 3 of this regulation.

(3) In the event monies from either NPL or SPL sites are not expended in any given year, the remaining monies shall be carried over to the next year and shall remain as originally apportioned, unaffected by apportionment of additional funds in subsequent years unless otherwise authorized by law.

(B) Monies from the Hazardous Substance Remedial Action Trust Fund may not be expended by the Director at any hazardous substance site until the hazardous substance site is listed in the applicable chapter of this regulation.

(C) A hazardous substance site may be listed in Chapter 2 of this regulation (National Priority List (NPL) site) provided that:
(1) The hazardous substance site has been investigated and ranked by use of the revised Hazard Ranking System (rHRS); and

(2) The hazardous substance site scored a minimum of 28.50 based on the rHRS, or has been designated as the State's priority site in accordance with 40 CFR § 300.425(c)(2) and placed on the federal National Priorities List as published in the Federal Register, and

(3) A final Remedial Investigation/Feasibility Study (and Health Risk Assessment, where applicable) has been conducted; and

(4) The Department has concurred with the remedy selection; and

(5) A Record of Decision (ROD) regarding the remedial action has been issued; and

(6) Federal monies for the remedial action at the hazardous substance site have been committed; and

(7) The Remedial Design has progressed to the 90% complete stage; and

(8) The Department has provided a 30-day public comment period and opportunity for hearing on the addition of the site to this list.

(D) Should the Commission disapprove the inclusion of a hazardous substance site in Chapter 2 of this regulation, the Chairperson of the Commission shall cause the record to reflect the specific rationale for this disapproval.

(E) Priority for funding in any given fiscal year for National Priority List sites identified in § 30.202 under the above criteria shall be as follows:
(1) Those sites where remedial actions (including operations and maintenance) have been initiated previously.

(2) Additional hazardous substance sites based on the order of greatest impact to public health and/or the environment, as determined by the Director after reviewing available information developed in accordance with CERCLA as amended and any other information considered applicable and scientifically reliable.

(F) Hazardous substance sites that pose a potential substantial endangerment to human health and/or the environment but do not meet the criteria listed at paragraphs (C) or (D) of this section maybe listed at § 30.302 (State Priority List (SPL) sites) of this regulation. Hazardous substance sites listed at § 30.302 will be eligible for investigation and necessary remedial action on a case-by-case basis as determined by the Director.

(G) Eligible expenditures at hazardous substance sites listed at § 30.302 of this regulation are those:
(1) Where investigatory activities are required to determine the extent and degree (if any) of the release or threat of release of a hazardous substance at the site and any scientific or engineering studies deemed necessary by the Director to determine available and necessary alternatives for remediation;

(2) Where remediation activities are required to adequately secure, contain, abate, treat, dispose, or control hazardous substances to the extent financially and technically feasible, as determined by the Director. Remediation activities shall include but are not limited to any engineering design work necessary to adequately plan, design, and implement remedial measures; or

(3) Where long-term stewardship (i.e., operations and maintenance activities to include five-year reviews) is required to ensure the long-term effectiveness of the remedy implemented at the hazardous substance site.

(H) Hazardous substance sites may be listed at § 30.302 of this regulation based on:
(1) Proximity to population centers;

(2) Potential impacts to surface waters;

(3) Potential impact to groundwater;

(4) Hydrologic and geologic characteristics,

(5) The toxicity and characterization of hazardous substances present;

(6) The mobility of the hazardous substances present;

(7) The attenuation of the hazardous substances present; and

(8) Releases or threat of releases of the hazardous substances.

(I) Priority for available funding for hazardous substance sites listed at § 30.302 of this regulation shall be as follows:
(1) Those sites where remedial actions (including operations and maintenance) have been initiated previously.

(2) Additional hazardous substance sites based on the order of greatest impact to public health and/or the environment, as determined by the Director after reviewing available information developed or discovered in the investigatory process.

(J) The above shall not be construed to preclude or limit the authority of the Director in:
(1) Mandating actions, pursuant to Ark. Code Ann. § 8-7-501 et seq. (the Hazardous Substance Remedial Action Trust Fund Act), deemed necessary to abate an imminent and substantial endangerment to the public health, safety, and welfare, or to the environment; or

(2) Ordering responsible parties to address and abate any release of a hazardous substance, pursuant to Ark. Code Ann. § 8-7-501 et seq.

Reg. 30.105 Severability

If any provision of this regulation or the application thereof is held invalid, its invalidity shall not affect other provisions of this regulation that can be given effect without the invalid provision or application and to this end the provisions of this regulation are declared to be severable.

CHAPTER 2 :NATIONAL PRIORITY LIST SITES

Reg. 30.201 Description

Hazardous substance sites listed in this chapter are those that pose a potential substantial endangerment to human health and/or the environment, and for which State funds have been approved to match or supplement federal funding for remedial actions pursuant to CERCLA. Criteria for listing a particular site is governed by § 30.104(C) of this regulation.

Reg. 30.202 National Priority List Sites

EPA ID No.

AFIN

Site Name

Address/Location

City

County

ARD084930148

05-00003

ARKWOOD, INC.

HWY65 1MS

OMAHA

BOONE

ARD980496186

34-00077

CECIL LINDSEY LANDFILL

35.637562 N; -91.230540 E

NEWPORT

JACKSON

ARD035662469

18-00131

GURLEYOILPIT

35.119873 N; -90.312101 E

EDMONDSON

CRITTENDEN

ARD008049207

70-00694

MACMILLAN RING FREE OIL

600 MACMILLAN ROAD

NORPHLET

UNION

ARD980496368

66-00268

INDUSTRIAL WASTE CONTROL

35.239293 N; -94.354493 E

JENNY LIND

SEBASTIAN

ARD980809941

43-00084

JACKSONVILLE (GRAHAM ROAD) MUNICIPAL LANDFILL

34.866382 N; -92.072375 E

JACKSONVILLE

PULASKI

ARD990660649

54-00068

CEDAR CHEMICAL CO.

49 PHILLIPS RD 311

HELENA

PHILLIPS

ARD092916188

57-00060

MID-SOUTH WOOD PRODUCTS

HWY71S 3 BLOCKS S-S REINE ST

MENA

POLK

ARD980745665

75-00049

OLD MIDLAND PRODUCTS

HWY10 1/2 MIL EOF OLA

OLA

YELL

ARD980864110

28-00066

MONROE AUTO EQUIPMENT CO.

5 Ml SW OF PARAGOULD

PARAGOULD

GREENE

ARD049658628

75-00008

MOUNTAIN PINE PRESSURE TREATING

HWY 28 E

PLAINVIEW

YELL

ARD042755231

52-00001

OUACHITA NEVADA WOOD TREATER

.25 Ml N PF HWY 368 &MAIN

READER

OUACHITA

ARD008052508

70-00049

POPILE, INC.

SOUTHFIELD RD

EL DORADO

UNION

ARD981055809

60-00759

ROGERS ROAD MUNICIPAL LANDFILL

34.862234 N; -92.079085 E

JACKSONVILLE

PULASKI

ARD980496723

18-00130

SOUTH 8TH STREET LANDFILL

35.125641 N; -90.171356 E

WEST MEMPHIS

CRITTENDEN

ARD000023440

60-00028

VERTAC, INC.

1600 MARSHALL ST

JACKSONVILLE

PULASKI

CHAPTER 3 :STATE PRIORITY LIST SITES

Reg. 30.301 Description

Hazardous substance sites listed in this chapter are those that pose a potential substantial endangerment to human health and/or the environment, but do not meet the criteria for listing on the National Priority List. These sites have been designated as eligible for State-funded investigation and necessary remedial actions on a case-by-case basis as determined by the Director. Criteria for listing a particular site is governed by §§ 30.104(F) and (H) of this regulation.

Reg. 30.302 State Priority List Sites

EPA ID No.

AFIN

Site Name

Address

City

ZIP

County

ARD035434596

73-00022

ARKANSAS GENERAL INDUSTRIES

102 MILLER STREET

BALD KNOB

72010

WHITE

ARD006337620

72-00676

BALDWIN PIANO & ORGAN CO.

1101 S BEECHWOODAVE

FAYETTEVILLE

72701

WASHINGTON

ARD980583470

52-00163

BEI DEFENSE SYSTEMS

HIGHWAY 274 12 Ml E

EAST CAMDEN

71701

CALHOUN

ARD035560507

60-01942

FASHION PARK CLEANERS

1101 CUMBERLAND ST

LITTLE ROCK

72202

PULASKI

ARR000021766

28-00471

49ERS RESOURCE RECOVERY and FORTY-NINER METALS MANAGEMENT, LLC

4722 U.S. HWY49 NORTH

PARAGOULD

72450

GREENE

ARD990661050

52-00355

GENERAL DYNAMICS CORP

204 OUACHITA 212, AIRPORT IND PARK

EAST CAMDEN

71701

OUACHITA

None

04-00165

FULTON CLASS 3C LANDFILL

END OF QUAIL ROAD

ROGERS

72756

BENTON

ARD981055494

70-00283

GRIFFING RAILWAY REPAIR

SCHOOL ST BOX 1735

EL DORADO

71730

UNION

AR0000605322

37-00028

RED RIVER ALUMINUM

HWY 82 WEST

STAMPS

71860

LAFAYETTE

AR0000100859

35-00419

UTILITY SERVICES, INC

10184 HWY79S

PINE BLUFF

71603

JEFFERSON

CHAPTER 4 :BROWNFIELD ASSESSMENT FUNDING

Reg. 30.401 Brownfield Assessment Funding
(A) The Director of the Arkansas Department of Environmental Quality may use monies, subject to statutory limitations, the appropriation of funding, and the availability of funding, from the Hazardous Substance Remedial Action Trust Fund to fund site assessments at any one (1) or more of the following:
(1) Abandoned industrial, commercial, and agricultural sites or residential properties as stated in Ark. Code Ann. § 8-7-1101 et seq. for written requests from quasi government agencies, county government, school districts, and planning and development districts if the persons do not hold title at the time of the written requests; or

(2) Potentially contaminated sites where a letter of intent is signed and available federal funds exhausted.

(B) The provisions concerning site assessments under Ark. Code Ann. §§ 8-7-504(a) and (b), 8-7-505, 8-7-508, 8-7-509(e) and (f), and 8-7-516 shall not apply.

(C) Funding under this section is subject to statutory limitations and the appropriation and availability of monies.

CHAPTER 5 :EFFECTIVE DATE

Reg. 30.501 Effective Date

This regulation and any amendments or revisions to this regulation are effective ten (10) days after filing the regulation or any amendment or revision thereof with the Secretary of State, the State Library, and the Bureau of Legislative Research following adoption by the Commission.

Disclaimer: These regulations may not be the most recent version. Arkansas may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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