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"

Current through Register Vol. 49, No. 6, June, 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.