Arkansas Administrative Code
Agency 118 - DEPARTMENT OF ENERGY AND ENVIRONMENT
Division 01 - Arkansas Pollution Control and Ecology Commission
Rule 118.01.21-018 - Rule 30, "Arkansas Remedial Action Trust Fund Hazardous Substances Site Priority List"

Universal Citation: AR Admin Rules 118.01.21-018

Current through Register Vol. 49, No. 2, February 2024

RULE NO. 30 ARKANSAS REMEDIAL ACTION TRUST FUND HAZARDOUS SUBSTANCES SITE PRIORITY LIST

CHAPTER 1 : GENERAL PROVISIONS
Rule 30.101 Authority

This rule is promulgated pursuant to provisions of the Remedial Action Trust Fund Act of 1985, Ark. Code Ann. § 8-7-509(f)(1).

Rule 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.

Rule 30.103 Definitions

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

Rule 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 rule.

(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 rule.

(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 rule.

(C) A hazardous substance site may be listed in Chapter 2 of this rule (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 Division 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 Division 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 rule, 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 may be listed at § 30.302 (State Priority List (SPL) sites) of this rule. Hazardous substance sites listed at § 30.302 will be eligible for investigation and necessary remedial action on a case- bycase basis as determined by the Director.

(G) Eligible expenditures at hazardous substance sites listed at § 30.302 of this rule 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 rule 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 rule 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.

Rule 30.105 Severability

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

CHAPTER 2 : NATIONAL PRIORITY LIST SITES
Rule 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 rule.

Rule 30.202 National Priority List Sites

EPA ID No.

AFIN

Site Name

Address/Location

City

County

ARD084930148

0500003

ARKWOOD, INC.

HWY 65 1M S

OMAHA

BOONE

ARD980496186

3400077

CECIL LINDSEY LANDFILL

35.637562 N;

-91.230540 E

NEWPORT

JACKSON

ARD035662469

1800131

GURLEY OIL PIT

35.119873 N;

-90.312101 E

EDMONDSON

CRITTENDEN

ARD008049207

7000694

MACMILLAN RING FREE OIL

600 MACMILLAN ROAD

NORPHLET

UNION

ARD980496368

6600268

INDUSTRIAL WASTE CONTROL

35.239293 N;

-94.354493 E

JENNY LIND

SEBASTIAN

ARD980809941

4300084

JACKSONVILLE (GRAHAM ROAD) MUNICIPAL LANDFILL

34.866382 N;

-92.072375 E

JACKSONVILLE

PULASKI

ARD990660649

5400068

CEDAR CHEMICAL CO.

49 PHILLIPS RD 311

HELENA

PHILLIPS

ARD092916188

5700060

MID-SOUTH WOOD PRODUCTS

HWY 71S 3 BLOCKS S-S REINE ST

MENA

POLK

ARD980745665

7500049

OLD MIDLAND PRODUCTS

HWY 10 1/2 MIL E OF OLA

OLA

YELL

ARD980864110

2800066

MONROE AUTO EQUIPMENT CO.

5 MI SW OF PARAGOULD

PARAGOULD

GREENE

ARD049658628

7500008

MOUNTAIN PINE PRESSURE TREATING

HWY 28 E

PLAINVIEW

YELL

ARD042755231

5200001

OUACHITA NEVADA WOOD TREATER

25 MI N PF HWY 368 & MAIN

READER

OUACHITA

ARD008052508

7000049

POPILE, INC.

SOUTHFIELD RD

EL DORADO

UNION

ARD981055809

6000759

ROGERS ROAD MUNICIPAL LANDFILL

34.862234 N;

-92.079085 E

JACKSONVILLE

PULASKI

ARD980496723

1800130

SOUTH 8TH STREET LANDFILL

35.125641 N;

-90.171356 E

WEST MEMPHIS

CRITTENDEN

ARD000023440

6000028

VERTAC, INC.

1600 MARSHALL ST

JACKSONVILLE

PULASKI

CHAPTER 3 : STATE PRIORITY LIST SITES
Rule 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 rule.

Rule 30.302 State Priority List Sites

EPA ID No.

AFIN

Site Name

Address

City

ZIP

County

ARD035434596

7300022

ARKANSAS GENERAL INDUSTRIES

102 MILLER STREET

BALD KNOB

72010

WHITE

ARD006337620

7200676

BALDWIN PIANO & ORGAN CO.

1101 S

BEECHWOOD AVE

FAYETTEVILLE

72701

WASHINGTON

ARD980583470

5200163

BEI DEFENSE SYSTEMS

HIGHWAY 274 12 MI E

EAST CAMDEN

71701

CALHOUN

ARD035560507

6001942

FASHION PARK CLEANERS

1101

CUMBERLAND ST

LITTLE ROCK

72202

PULASKI

ARR000021766

2800471

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

4722 U.S. HWY 49

NORTH

PARAGOULD

72450

GREENE

ARD990661050

5200355

GENERAL DYNAMICS CORP

204 OUACHITA 212, AIRPORT IND PARK

EAST CAMDEN

71701

OUACHITA

None

0400165

FULTON CLASS 3C LANDFILL

END OF QUAIL ROAD

ROGERS

72756

BENTON

ARD981055494

7000283

GRIFFING RAILWAY REPAIR

SCHOOL ST BOX

1735

EL DORADO

71730

UNION

AR0000605322

3700028

RED RIVER ALUMINUM

HWY 82 WEST

STAMPS

71860

LAFAYETTE

AR0000100859

3500419

UTILITY SERVICES, INC

10184 HWY 79S

PINE BLUFF

71603

JEFFERSON

CHAPTER 4 : BROWNFIELD ASSESSMENT FUNDING
Rule 30.401 Brownfield Assessment Funding
(A) The Director of the Division 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
Rule 30.501 Effective Date

This rule and any amendments or revisions to this rule are effective ten (10) days after filing the rule 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.

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