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AR ADC 014 09 030

Pollution Control & Ecology Commission # 014.00-030

ARKANSAS POLLUTION CONTROL AND ECOLOGY COMMISSION

REGULATION No. 30

ARKANSAS REMEDIAL ACTION TRUST FUND HAZARDOUS SUBSTANCES SITE PRIORITY LIST

INITIAL DRAFT

Presented to the Pollution Control and Ecology Commission on July 25, 2008

1.

2. CHAPTER 1: GENERAL PROVISIONS

Reg.30.101 Authority

This regulation is promulgated pursuant to provisions of the Remedial Action Trust Fund Act of 1985 (Act 479 of 1985, as amended, A.C.A. § 8-7-509(f)(1).

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 Arkansas Code Annotated § 8-7-509(d)(2) and (d)(3). It is not a site inventory or historical list. Sites are listed alphabetically numbered sequentially as they are added to the list, 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 Arkansas Code Annotated § 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 such 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 at which 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 which 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 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.

(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 at which 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.30.104 30.105 Severability

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

3.

4. CHAPTER 2: NATIONAL PRIORITY LIST SITES

Reg.30.201 Description

Hazardous substance sites listed in this Chapter are those which 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 APC&EC Regulation No. 23, §§ 26(c), 26(d), 26(e), and 26(i) § 30.104(c) of this regulation.

Reg.30.202 National Priority List Sites

Site

(A) Cecil Lindsey Landfill, Newport

(B) Old Midland Products, Ola

(C) Rogers Road Landfill, Jacksonville

(D) Jacksonville/Graham Road Landfill, Jacksonville

(E) Gurley Oil Pits, Edmonson

(F) Popile, El Dorado

(G) Mountain Pine Pressure Treating, Plainview

(H) Ouachita Nevada Wood Treater, Reader

5.

6. CHAPTER 3: STATE PRIORITY LIST SITES

Reg.30.301 Description

Hazardous substance sites listed in this Chapter are those which pose a potential substantial endangerment to human health and/or the environment, but which 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 APC&EC Regulation No. 23, §§ 26 (g), 26(h), and 26(i) §§ 30.104(f) and (h) of this regulation.

Reg.30.302 State Priority List Sites

(A) Investigation category

Site

(1) Benton Salvage, Benton

(2) Utility Services, Inc., Pine Bluff

(3) Jimelco, Little Rock

(4) Rixey Iron & Metals Company, North Little Rock

(5) Griffing Railway Repair, El Dorado

(6) Leachville Metal Plating, Leachville

(7) Mountain Pine Pressure Treating, Plainview

(8) Plainview Lumber Company, Plainview

(9) R&P Electroplating, Fayetteville

(10) Baird Manufacturing, Inc., Clarendon

(11) Amity Lacquer Paint and Chemical Manufacturing Company, Amity

(12) Red River Aluminum, Stamps

(13) Cedar Chemical Corporation, West Helena

(14) Swift Chemical Company Farm Property, Rogers

(15) Swift Chemical Company Arkansas Street Site, Rogers

(16) Arkansas Waste to Energy Incinerator Site, Osceola

(17) Arkansas Waste to Energy Warehouse Site, Osceola

(18) Arkansas Waste to Energy/E.R. Moore Site, Osceola

(19) United States Forgecraft, Fort Smith

(20) Fashion Park Cleaners, Little Rock

(21) I. Easter Property, Pine Bluff

(22) Tankersley/White Dairy, Fort Smith

(23) Hadco, Gillham

(24) Huntco/JMS, Hickman

(25) I Can, Inc., Lonoke

(26) Butler Elementary School, Madison

(27) General Dynamics Corporation, East Camden

(B) Remediation Category

Site

(1) Vertac Chemical Corporation, Jacksonville

(2) Benton Salvage, Benton

(3) Garland County Industrial Landfill, Hot Springs

(4) Utility Services, Inc., Pine Bluff

(5) Jimelco, Little Rock

(6) Rixey Iron & Metals Company, North Little Rock

(7) Griffing Railway Repair, El Dorado

(8) Leachville Metal Plating, Leachville

(9) Mountain Pine Pressure Treating, Plainview

(10) Plainview Lumber Company, Plainview

(11) R&P Electroplating, Fayetteville

(12) Baird Manufacturing, Inc., Clarendon

(13) Amity Lacquer Paint and Chemical Manufacturing Company, Amity

(14) Red River Aluminum, Stamps

(15) Mid South Reclamation Industries, Smackover

(16) Cedar Chemical Corporation, West Helena

(17) Baldwin Organ and Piano Company, Fayetteville

(18) Swift Chemical Company Farm Property, Rogers

(19) Swift Chemical Company Arkansas Street Site, Rogers

(20) Arkansas Waste-to-Energy Incinerator Site, Osceola

(21) Arkansas Waste-to-Energy Warehouse Site, Osceola

(22) Arkansas Waste to Energy/E.R. Moore Site, Osceola

(23) United States Forgecraft, Fort Smith

(24) General Dynamics Corporation, East Camden

(Note: sites in bold text are new additions to the State Priority List)

7. CHAPTER 4: EFFECTIVE DATE

Reg.30.401 Effective Date

This regulation and any amendments or revision thereof are effective 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.