014.09.17 Ark. Code R. § 002

• Library: Arkansas Administrative Code
• Edition: 2023
• Currency: Current through Register Vol. 48, No. 12, December, 2023
• Citation: 014.09.17 Ark. Code R. § 002
• Year: 2023

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. § 8Hazardous Substance Remedial Action Trust Fund8-7-509(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. § 8Hazardous Substance Remedial Action Trust Fund8-7-509(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. § 8Definitions8-7-503, 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 § 40Establishing remedial priorities300.425(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; ...